Struck = removed from the bill ·
added = the amendment's new text.
KimSenate ReynoldsFile O2095 FS-5018 FAmend ISenate CFile E2095 Oas Ffollows: T H E G O V E R N O R Adam Gregg G O V E R N O R L T G O V E R N O R April2,2024 The Honorable Paul Pate SecretaiyofStateofIowa StateCapitol Des Moines,Iowa 50319 Dear Mr.Secretary, Iherebytransmit:
SenateFile2095,anActrelatingtotheexerciseofreligion,andincludingeffectivedate andapplicabilityprovisions.
TheaboveSenateFileisherebyapprovedonthisdate.
Sincerely, Kim Reynok Governor ofIowa cc:
SecretaryoftheSenate Clerk ofthe House STATE CAPITOL DES MOINES, IOWA 50319 515.281.5211 FAX 515.725.35WWW.GOVERNOR.IOWA.GOV E P R l z rR RI6HT W l l MAINTAr ;i r:iiinniiiiiiiinnr:":'!:!!:' 1 G E N E R A L A S S E S e n a t e P i l e 2 0 9 5 A N A C T RELATING TO THE EXERCISE OF RELIGION, AND INCLUDING EFFECTIVE D A T E A N D A P P L I C A B I L I T Y P R O V I S I O N S .
B E I T E N A C T E D BY T H E G E N E R A L A S S E M B L Y O F T H E S T A T E O F I O W A :
Section 1.
Section 331.301, subsection 1 , Code 2024, is a m e n d e d t o r e a d a s f o l l o w s :
APage county3, may, except as expressly limited by thestriking Constitutionlines of10 the State of Iowa, and if11 not inconsistent with the laws of the general assembly, exercise any power and performinserting any<proceeding function it deems appropriate to protectwhich anda preservegovernment theis rights,a privileges,party and propertyobtain ofappropriate therelief countyagainst orthat ofgovernment> its2. residents, and to preserve and improve the peace, safety, health, welfare, comfort, and convenience of its residents.
ThisPage grant3, ofline home12, ruleby powersstriking does<redress> not3. include the power to enact private or civil law governing Senate File 2095, p.
2Page civil3, relationships,after exceptline as15 incidentby toinserting: an exercise of an independent county power, or to enact private or civil law w h i v i o l a t e s s 6 7 5 .
4<3. .
Sec.This chapter shall not apply to any of the following:
2.a.
SectionAny 364.1,provision Codeof 2024,law isor amendedits toimplementation readthat asprovides ffor oor lrequires: l o w s :
364.1(1) Scope.A protection against discrimination or the promotion of equal opportunity, including the Iowa civil rights Act of 1965, chapter 216;
A city may, except as expressly limited by the ConstitutionCivil ofRights theAct State of Iowa,1964, and42 ifU.S.C. not inconsistent with the laws of the general assembly, exercise any power and perform any function it deems appropriate to protect and preserve the rights, privileges, and property of the city or of its residents, and to preserve and improve the peace, safety, health, welfare, comfort, and convenience of its residents.
This§2000a grantet ofseq.; home rule powers does not include the power to enact private or civil law governing civil relationships, except as incident to an exercise of an independent city power^ or to enact private or civil law which violates section 675.4.
Sec.the Americans with Disabilities Act of 1990, 42 U.S.C.
3.§12101 et seq.;
NEWthe SECTION.Family and Medical Leave Act of 1993, 29 U.S.C.
675.1§2601 Shortet title.seq.;
ThisExecutive chapterOrder shall11246, be42 knownU.S.C. and may be cited as the '^Religious Freedom Restoration Act"'.
Sec.§2000e note;
4.and the Violence Against Women Act of 1994, 42 U.S.C.
NEW§13925 SECTION.et seq.
SIS,2(2) LegislativeAn purposeemployer andto intent.provide a wage, other compensation, or a benefit, including leave, or a standard protecting collective activity in the workplace.
The(3) purposeA andprotection intentagainst ofchild thislabor, chapterchild isabuse, allor ofchild theexploitation. following;
1.(4) Access to, information about, a referral for, provision of, or coverage for any health care item or service.
Tob. restore the compelling governmental interest test and to guarantee its application in all cases where the free exercise of religion is substantially burdened by state action.
2.Any term of a government contract, grant, cooperative agreement, or other award that provides funds directly or indirectly, and that requires a good, service, function, or activity to be performed for or provided to a beneficiary of or a participant in a program or activity funded, directly or indirectly, by a government contract, grant, cooperative agreement, or other award.
Toc. provide a claim or defense to a person whose exercise of religion is substantially burdened by state action.
Sec.The extent that application would result in denying a person the full and equal enjoyment of a good, service, benefit, facility, privilege, advantage, or accommodation provided by the government.> SF 2095.3090 (3) 90 -1- cm/jh 1/2 ______________________________ JANICE WEINER SF 2095.3090 (3) 90 -2- cm/jh 2/2
5 .
NEW SECTION.
675.3 Definitions.
As used in this chapter, unless the context otherwise requires:
1.
''^Compelling governmental interest'' means a governmental interest of the highest order that cannot otherwise be achieved without burdening the exercise of religion.
2.
''^Exercise of religion" means the practice or observance of religion.
""Exercise of religion" includes but is not limited to the ability to act or refuse to act in a manner substantially motivated by one's sincerely held religious Senate File 2095, p.
3 belief, whether or not the exercise is compulsory or central to a larger system of religious belief.
3.
^Person''laeains any individual, association, partnership, corporation, church, religious institution, estate, trust, foundation, or other legal entity.
4.
^State action" means the implementation or application of any law, including but not limited to state and local laws, ordinances, rules, regulations, and policies, whether statutory or otherwise, or other action by the state or a political subdivision, including a local government, municipality, instrumentality, or public official authorized by law.
5.
^Substantially burden" means any action that directly or indirectly constrains, inhibits, curtails, or denies the exercise of religion by any person or compels any action contrary to a person's exercise of religion and includes but is not limited to withholding of benefits;
assessment of criminal, civil, or administrative penalties;
or exclusion from governmental programs or access to governmental facilities.
Sec.
6.
NEW SECTION.
675.4 Free exercise of religion protected.
1.
State action shall not substantially burden a person's exercise of religion, even if the burden results from a rule of general applicability, unless the government demonstrates that applying the burden to that person's exercise of religion is in furtherance of a compelling governmental interest and is the least restrictive means of furthering that compelling governmental interest.
2.
A person whose exercise of religion has been substantially burdened in violation of this chapter may assert such violation as a claim or defense in a judicial or administrative proceeding and obtain appropriate relief, including damages, injunctive relief, or other appropriate redress.
Standing to assert a claim or defense under this chapter shall be governed by the general rules of standing under state and federal law.
The plaintiff, if the prevailing party, may also recover reasonable attorney fees and costs.
Sec.
7.
EFFECTIVE DATE.
This Act, being deemed of immediate importance, takes effect upon enactment.
Sec.
8.
APPLICABILITY.
This Act applies to all state and Senate Pile 2095, p.
4 local laws and the implementation of state and local laws, whether statutory or otherwise, and whether adopted before, on, or after t h e e f f e c t i v e d a t e o f t h i s A c t .
AMY SINpCAiR P A T G R A S S L E Y P r e s i d e n t o f t h e S e n a t e Speaker of th^ House I hereby certify that this bill originated in the Senate and is known as Senate File 2095, Ninetieth General Assembly.
W .
C H A R L E S S M I T H S O N Secretary of the Senate Approved 2 0 2 4 K I M ^ E Y N O L D S