House File 861 H-1384 Amend House File 861 as follows: 1 1. Page 21, after line 30 by inserting: 2 < DIVISION ___ 3 EXERCISE OF RELIGION 4 Sec. ___. NEW SECTION . 675.1 Short title. 5 This chapter shall be known and may be cited as the 6 “Religious Freedom Restoration Act” . 7 Sec. ___. NEW SECTION . 675.2 Legislative purpose and 8 intent. 9 The purpose and intent of this chapter is all of the 10 following: 11 1. To restore the compelling interest test as set forth 12 in Sherbert v. Verner, 374 U.S. 398 (1963) and Wisconsin v. 13 Yoder, 406 U.S. 205 (1972), and to guarantee its application in 14 all cases where the free exercise of religion is substantially 15 burdened by state action. 16 2. That this chapter be interpreted consistent with the 17 Religious Freedom Restoration Act of 1993, 42 U.S.C. §2000bb et 18 seq., federal case law, and federal jurisprudence. 19 3. To provide a claim or defense to a person whose exercise 20 of religion is substantially burdened by state action. 21 Sec. ___. NEW SECTION . 675.3 Definitions. 22 As used in this chapter, unless the context otherwise 23 requires: 24 1. “Demonstrates” means meets the burdens of going forward 25 with the evidence and of persuasion. 26 2. “Exercise of religion” means the practice or observance 27 of religion, including any action that is motivated by a 28 sincerely held religious belief, whether or not the exercise is 29 compelled by, or central to, a system of religious belief. 30 3. “Government” includes a branch, department, agency, 31 instrumentality, political subdivision, official, or other 32 person acting under color of law of the state. 33 4. “State law” includes without limitation a law, ordinance, 34 or resolution of a political subdivision. 35 -1- HF 861.1928 (3) 89 as/tm 1/ 4 #1.

Sec. ___. NEW SECTION . 675.4 Free exercise of religion 1 protected. 2 1. Government shall not substantially burden a person’s 3 exercise of religion, even if the burden results from a rule 4 of general applicability, unless it is demonstrated that 5 applying the burden to that person’s exercise of religion is 6 in furtherance of a compelling governmental interest and is 7 the least restrictive means of furthering that compelling 8 governmental interest. 9 2. A person whose exercise of religion has been burdened 10 in violation of this chapter may assert such violation as a 11 claim or defense in a judicial or administrative proceeding 12 and obtain appropriate relief. Standing to assert a claim or 13 defense under this chapter shall be governed by the general 14 rules of standing under state and federal law. 15 Sec. ___. NEW SECTION . 675.5 Applicability. 16 This chapter applies to all state and local laws and the 17 implementation of state and local laws, whether statutory 18 or otherwise, and whether adopted before, on, or after the 19 effective date of this Act. 20 Sec. ___. NEW SECTION . 675.6 Exemptions. 21 This chapter does not apply to the department of 22 corrections, a district department of correctional services, a 23 county jail, or any other detention facility. 24 Sec. ___. EFFECTIVE UPON ENACTMENT. This division of this 25 Act, being deemed of immediate importance, takes effect upon 26 enactment. > 27 2. Title page, line 1, after < system > by inserting < and 28 including effective date provisions > 29 3. By renumbering as necessary. 30 ______________________________ SALMON of Black Hawk -2- HF 861.1928 (3) 89 as/tm 2/ 4 #2. #3.

______________________________ CISNEROS of Muscatine ______________________________ BAXTER of Hancock ______________________________ FISHER of Tama ______________________________ JENEARY of Plymouth ______________________________ BODEN of Warren ______________________________ STONE of Winnebago ______________________________ OSMUNDSON of Clayton ______________________________ GERHOLD of Benton ______________________________ SHIPLEY of Van Buren -3- HF 861.1928 (3) 89 as/tm 3/ 4