Senate File 2095 - Enrolled
Senate File 2095
AN ACT
RELATING TO THE EXERCISE OF RELIGION, AND INCLUDING EFFECTIVE
DATE AND APPLICABILITY PROVISIONS.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 331.301, subsection 1, Code 2024, is
2 amended to read as follows:
3 1. A county may, except as expressly limited by the
4 Constitution of the State of Iowa, and if not inconsistent
5 with the laws of the general assembly, exercise any power
6 and perform any function it deems appropriate to protect
7 and preserve the rights, privileges, and property of the
8 county or of its residents, and to preserve and improve the
9 peace, safety, health, welfare, comfort, and convenience
10 of its residents. This grant of home rule powers does not
11 include the power to enact private or civil law governing
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12 civil relationships, except as incident to an exercise of an
13 independent county power, or to enact private or civil law
14 which violates section 675.4.
15 Sec. 2. Section 364.1, Code 2024, is amended to read as
16 follows:
17 364.1 Scope.
18 A city may, except as expressly limited by the Constitution
19 of the State of Iowa, and if not inconsistent with the laws
20 of the general assembly, exercise any power and perform
21 any function it deems appropriate to protect and preserve
22 the rights, privileges, and property of the city or of its
23 residents, and to preserve and improve the peace, safety,
24 health, welfare, comfort, and convenience of its residents.
25 This grant of home rule powers does not include the power
26 to enact private or civil law governing civil relationships,
27 except as incident to an exercise of an independent city power,
28 or to enact private or civil law which violates section 675.4.
29 Sec. 3. NEW SECTION. 675.1 Short title.
30 This chapter shall be known and may be cited as the
31 “Religious Freedom Restoration Act”.
32 Sec. 4. NEW SECTION. 675.2 Legislative purpose and intent.
33 The purpose and intent of this chapter is all of the
34 following:
35 1. To restore the compelling governmental interest test
1 and to guarantee its application in all cases where the free
2 exercise of religion is substantially burdened by state action.
3 2. To provide a claim or defense to a person whose exercise
4 of religion is substantially burdened by state action.
5 Sec. 5. NEW SECTION. 675.3 Definitions.
6 As used in this chapter, unless the context otherwise
7 requires:
8 1. “Compelling governmental interest” means a governmental
9 interest of the highest order that cannot otherwise be achieved
10 without burdening the exercise of religion.
11 2. “Exercise of religion” means the practice or observance
12 of religion. “Exercise of religion” includes but is not
13 limited to the ability to act or refuse to act in a manner
14 substantially motivated by one’s sincerely held religious
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15 belief, whether or not the exercise is compulsory or central to
16 a larger system of religious belief.
17 3. “Person” means any individual, association, partnership,
18 corporation, church, religious institution, estate, trust,
19 foundation, or other legal entity.
20 4. “State action” means the implementation or application
21 of any law, including but not limited to state and local laws,
22 ordinances, rules, regulations, and policies, whether statutory
23 or otherwise, or other action by the state or a political
24 subdivision, including a local government, municipality,
25 instrumentality, or public official authorized by law.
26 5. “Substantially burden” means any action that directly
27 or indirectly constrains, inhibits, curtails, or denies the
28 exercise of religion by any person or compels any action
29 contrary to a person’s exercise of religion and includes but
30 is not limited to withholding of benefits; assessment of
31 criminal, civil, or administrative penalties; or exclusion from
32 governmental programs or access to governmental facilities.
33 Sec. 6. NEW SECTION. 675.4 Free exercise of religion
34 protected.
35 1. State action shall not substantially burden a person’s
1 exercise of religion, even if the burden results from a rule
2 of general applicability, unless the government demonstrates
3 that applying the burden to that person’s exercise of religion
4 is in furtherance of a compelling governmental interest and
5 is the least restrictive means of furthering that compelling
6 governmental interest.
7 2. A person whose exercise of religion has been
8 substantially burdened in violation of this chapter may
9 assert such violation as a claim or defense in a judicial
10 or administrative proceeding and obtain appropriate relief,
11 including damages, injunctive relief, or other appropriate
12 redress. Standing to assert a claim or defense under this
13 chapter shall be governed by the general rules of standing
14 under state and federal law. The plaintiff, if the prevailing
15 party, may also recover reasonable attorney fees and costs.
16 Sec. 7. EFFECTIVE DATE. This Act, being deemed of immediate
17 importance, takes effect upon enactment.
18 Sec. 8. APPLICABILITY. This Act applies to all state and
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19 local laws and the implementation of state and local laws,
20 whether statutory or otherwise, and whether adopted before, on,
21 or after the effective date of this Act.
______________________________ ______________________________
AMY SINCLAIR PAT GRASSLEY
President of the Senate Speaker of the House
I hereby certify that this bill originated in the Senate and
is known as Senate File 2095, Ninetieth General Assembly.
______________________________
W. CHARLES SMITHSON
Secretary of the Senate
Approved _______________, 2024 ______________________________
KIM REYNOLDS
Governor


Statutes affected:
Introduced: 331.301
Enrolled: 331.301