Iowa HF 2087: A bill for an act relating to the powers and duties applicable to state of disaster emergencies and public health disasters, including a prohibition on regulating religious institutions and practices.

Bill Text

House File 2087 - Introduced
HOUSE FILE 2087
BY GEARHART and DIEKEN
A BILL FOR
An Act relating to the powers and duties applicable to state of1
disaster emergencies and public health disasters, including2
a prohibition on regulating religious institutions and3
practices.4
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:5
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H.F. 2087
Section 1. NEW SECTION. 7.19 Regulation of religious1
institutions and practices —— limitation.2
Notwithstanding any provision of law to the contrary, the3
governor shall not dictate a measure in a proclamation of a4
state of disaster emergency issued pursuant to section 29C.65
that unduly interferes with the operations of a religious6
institution or otherwise impedes an individual’s practice7
of religion. For purposes of this section, a “religious8
institution” means a building in which individuals engage in9
religious practices.10
Sec. 2. Section 29C.6, subsection 1, Code 2026, is amended11
to read as follows:12
1. a. After finding a disaster exists or is threatened,13
proclaim a state of disaster emergency. This proclamation14
shall be in writing, indicate the area affected and the facts15
upon which it is based, be signed by the governor, and be16
filed with the secretary of state. If the state of disaster17
emergency specifically constitutes a public health disaster18
as defined in section 135.140, the written proclamation shall19
include a statement to that effect. A state of disaster20
emergency shall continue for thirty fifteen days, unless sooner21
terminated or rescinded, extended, or amended in writing by22
the governor general assembly. The general assembly may,23
by concurrent resolution, rescind, extend, or amend this24
proclamation. An initial extension of this proclamation by25
the general assembly shall not exceed fifteen days, and any26
subsequent extension shall not exceed fifteen-day increments.27
If the general assembly is not in session, the legislative28
council may, by majority vote, rescind, extend, or amend this29
proclamation only once and the extension shall not exceed30
fifteen days. Rescission Following any rescission, extension,31
or amendment of this proclamation by the legislative council,32
only the general assembly may take any additional action. Any33
rescission, extension, or amendment shall be effective upon34
filing of the concurrent resolution of the general assembly or35
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H.F. 2087
resolution of the legislative council with the secretary of1
state. A proclamation of disaster emergency shall activate the2
disaster response and recovery aspect of the state, local, and3
interjurisdictional disaster emergency plans applicable to the4
political subdivision or area in question and be authority for5
the deployment and use of any forces to which the each disaster6
emergency plan applies, and for use or distribution of any7
supplies, equipment, and materials and facilities assembled,8
stockpiled, or arranged to be made available.9
b. A measure dictated in a state of disaster emergency10
proclamation shall not do any of the following:11
(1) Infringe on a fundamental constitutionally protected12
right unless the measure is justified by a compelling state13
interest, is narrowly tailored to achieve its specific purpose,14
and is achieved by the least restrictive means possible.15
(2) Restrict rights, interests, or activities in a manner16
that is not neutral or generally applicable.17
(3) Prohibit in-person interactions between religious18
leaders or individuals who are related by consanguinity or19
affinity with patients or residents of hospitals or health care20
facilities.21
(4) Authorize the use of mobile, cellular, or any22
other digital technologies to track or surveil persons23
without providing prior notice to and receiving consent24
from such persons. A request to consent to specific terms25
of surveillance shall not be combined with any other terms26
requiring consent.27
(5) Authorize the use of any drones, unmanned28
aerial vehicles, advanced robotics, or any artificial29
intelligence-based systems to enforce the proclamation.30
(6) Restrict the practice of a person holding a valid31
license to practice a health-related profession regulated32
by a board designated pursuant to section 147.13 or by the33
department of inspections, appeals, and licensing, or restrict34
the scope of service delivery of a hospital, clinic, or35
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H.F. 2087
health care professional if the person or entity is otherwise1
practicing within the scope of a valid license.2
(7) Allow a board designated pursuant to section 147.13 to3
restrict the prescribing authority of a licensed health-related4
professional in a way that deters the professional from5
prescribing medication or treatment in accordance with the6
professional’s best professional judgment.7
(8) Require identification and monitoring of persons8
who may be at risk of contracting a contagious or infectious9
d