Bill Text: HI HB1535 | 2011 | Regular Session | Introduced
Bill Title: Religious Freedom
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-01-28 - (H) Referred to JUD, FIN, referral sheet 3 [HB1535 Detail]
Download: Hawaii-2011-HB1535-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1535 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO RELIGIOUS FREEDOM.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:
"Chapter
RELIGIOUS FREEDOM
§ -1 Definitions. As used in this chapter:
"Demonstrates" means to meet the burden of going forward with the evidence and of persuasion.
"Exercise of religion" means an act or refusal to act that is substantially motivated by a religious belief, whether or not the religious exercise is compulsory or central to a larger system of religious belief.
"Government" or "State" means any branch, department, agency, instrumentality, official, or other person acting under color of law of the State, a county, municipality, or any other subdivision of the State.
§ -2 Free exercise of religion protected. (a) The government shall not burden a person's exercise of religion, even if the burden results from a rule of general applicability; provided that the government may burden a person's exercise of religion if it demonstrates that the application of the burden to the person:
(1) Is in furtherance of a compelling governmental interest; and
(2) Is the least restrictive means of furthering that compelling governmental interest.
(b) A person whose religious exercise has been burdened in violation of this chapter may assert that violation as a claim or defense in a judicial proceeding and obtain appropriate relief.
§ -3 Remedies. (a) Any person, other than a government agency, who successfully asserts a claim or defense under this chapter is entitled to recover:
(1) Declaratory relief;
(2) Injunctive relief to prevent the threatened violation or continued violation;
(3) Compensatory damages for pecuniary and nonpecuniary losses; and
(4) Reasonable attorney's fees, court costs, and other reasonable expenses incurred in bringing the action.
(b) Compensatory damages awarded under subsection (a)(3) shall not exceed $10,000 for each entire, distinct controversy, without regard to the number of members or other persons within a religious group who claim injury as a result of the government agency's exercise of governmental authority. A claimant is not entitled to recover exemplary damages under this chapter.
(c) An action under this section shall be brought in circuit court.
(d) A person shall not bring an action for damages or declaratory or injunctive relief against an individual, other than an action brought against an individual acting in the individual's official capacity as an officer of a government agency.
§ -4 Waiver of sovereign immunity. Immunity from liability of the government agency and its employees shall be waived for an action brought pursuant to this chapter.
§ -5 Applicability; construction. (a) This chapter applies to all state law, and the implementation of the law, whether statutory or otherwise, and whether adopted before or after the enactment of this chapter.
(b) State law adopted after the date of the enactment of this chapter is subject to this chapter unless such law explicitly excludes such application by reference to this chapter.
(c) Nothing in this chapter shall be construed to authorize the government to burden any religious belief.
(d) Nothing in this chapter shall create any rights by an employee against an employer if the employer is not a government agency.
(e) Nothing in this chapter shall be construed to affect, interpret, or in any way address that portion of article I, section 4 of the Hawaii State Constitution, or the First Amendment to the United States Constitution, which prohibits laws respecting the establishment of religion. This chapter shall not be construed to permit any practice prohibited by such provisions.
(f) The granting of government funding, benefits, or exemptions, to the extent permissible under the Hawaii State Constitution shall not constitute a violation of this chapter.
As used in this subsection, "granting" does not include the denial of government funding, benefits, or exemptions.
(g) The protection of the free exercise of religion granted under this chapter is in addition to the protections granted by federal law, the United States Constitution, and the Hawaii State Constitution."
SECTION 2. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Religious Freedom
Description:
Establishes provisions protecting an individual's right to exercise of religion. Provides civil remedies.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
