House File 830 H-1204 Amend House File 830 as follows: 1 1. Page 1, before line 1 by inserting: 2 < DIVISION I 3 ABILITY OF ELECTED OFFICIALS TO ACCESS INTERNET SITES > 4 2. Page 3, line 10, after < This > by inserting < division of 5 this > 6 3. Page 3, line 12, after < This > by inserting < division of 7 this > 8 4. Page 3, after line 24 by inserting: 9 < DIVISION ___ 10 EXERCISE OF RELIGION 11 Sec. ___. NEW SECTION . 675.1 Short title. 12 This chapter shall be known and may be cited as the 13 “Religious Freedom Restoration Act” . 14 Sec. ___. NEW SECTION . 675.2 Legislative purpose and 15 intent. 16 The purpose and intent of this chapter is all of the 17 following: 18 1. To restore the compelling interest test as set forth 19 in Sherbert v. Verner, 374 U.S. 398 (1963) and Wisconsin v. 20 Yoder, 406 U.S. 205 (1972), and to guarantee its application in 21 all cases where the free exercise of religion is substantially 22 burdened by state action. 23 2. That this chapter be interpreted consistent with the 24 Religious Freedom Restoration Act of 1993, 42 U.S.C. §2000bb et 25 seq., federal case law, and federal jurisprudence. 26 3. To provide a claim or defense to a person whose exercise 27 of religion is substantially burdened by state action. 28 Sec. ___. NEW SECTION . 675.3 Definitions. 29 As used in this chapter, unless the context otherwise 30 requires: 31 1. “Demonstrates” means meets the burdens of going forward 32 with the evidence and of persuasion. 33 2. “Exercise of religion” means the practice or observance 34 of religion, including any action that is motivated by a 35 -1- HF830.1356 (2) 89 jda/rn 1/ 4 #1. #2. #3. #4.

sincerely held religious belief, whether or not the exercise is 1 compelled by, or central to, a system of religious belief. 2 3. “Government” includes a branch, department, agency, 3 instrumentality, political subdivision, official, or other 4 person acting under color of law of the state. 5 4. “State law” includes without limitation a law, ordinance, 6 or resolution of a political subdivision. 7 Sec. ___. NEW SECTION . 675.4 Free exercise of religion 8 protected. 9 1. Government shall not substantially burden a person’s 10 exercise of religion, even if the burden results from a rule 11 of general applicability, unless it is demonstrated that 12 applying the burden to that person’s exercise of religion is 13 in furtherance of a compelling governmental interest and is 14 the least restrictive means of furthering that compelling 15 governmental interest. 16 2. A person whose exercise of religion has been burdened 17 in violation of this chapter may assert such violation as a 18 claim or defense in a judicial or administrative proceeding 19 and obtain appropriate relief. Standing to assert a claim or 20 defense under this chapter shall be governed by the general 21 rules of standing under state and federal law. 22 Sec. ___. NEW SECTION . 675.5 Applicability. 23 This chapter applies to all state and local laws and the 24 implementation of state and local laws, whether statutory 25 or otherwise, and whether adopted before, on, or after the 26 effective date of this Act. 27 Sec. ___. NEW SECTION . 675.6 Exemptions. 28 This chapter does not apply to the department of 29 corrections, a district department of correctional services, a 30 county jail, or any other detention facility. 31 Sec. ___. EFFECTIVE UPON ENACTMENT. This division of this 32 Act, being deemed of immediate importance, takes effect upon 33 enactment. > 34 5. Title page, by striking lines 1 through 3 and inserting 35 -2- HF830.1356 (2) 89 jda/rn 2/ 4

< An Act relating to rights guaranteed by the first amendment to 1 the Constitution of the United States, including the ability 2 of elected officials to utilize certain internet sites, the 3 standard of judicial review and providing a claim or defense 4 when a state action burdens a person’s exercise of religion, 5 and including effective date and applicability provisions. > 6 6. By renumbering as necessary. 7 ______________________________ SALMON of Black Hawk ______________________________ CISNEROS of Muscatine ______________________________ OSMUNDSON of Clayton ______________________________ FISHER of Tama ______________________________ STONE of Winnebago ______________________________ JACOBSEN of Pottawattamie ______________________________ BAXTER of Hancock -3- HF830.1356 (2) 89 jda/rn 3/ 4 #6.

______________________________ JENEARY of Plymouth ______________________________ GERHOLD of Benton ______________________________ BODEN of Warren ______________________________ SHIPLEY of Van Buren -4- HF830.1356 (2) 89 jda/rn 4/ 4