Bill Text: NY S02283 | 2011-2012 | General Assembly | Introduced

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Bill Title: Provides that the state and political subdivisions thereof shall be prohibited from enacting or enforcing any law which substantially burdens a religious belief or practice unless there is compelling governmental interest and such law is the least restrictive means necessary to accomplish such interest.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-01-18 - REFERRED TO FINANCE [S02283 Detail]

Download: New_York-2011-S02283-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2283
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   January 18, 2011
                                      ___________
       Introduced  by  Sen.  KRUGER -- read twice and ordered printed, and when
         printed to be committed to the Committee on Finance
       AN ACT to amend the executive law, in relation to the free  exercise  of
         religion
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The executive law is amended by adding a new  article  14-A
    2  to read as follows:
    3                                 ARTICLE 14-A
    4                          FREE EXERCISE OF RELIGION
    5  SECTION 275. LEGISLATIVE FINDINGS AND STATEMENT OF INTENT.
    6          276. FREE EXERCISE OF RELIGION PROTECTED.
    7          277. DEFINITIONS.
    8          278. APPLICABILITY.
    9    S  275.  LEGISLATIVE FINDINGS AND STATEMENT OF INTENT. 1. THE LEGISLA-
   10  TURE FINDS THAT:
   11    (A) THE STATE CONSTITUTION RECOGNIZES THE FREE EXERCISE AND  ENJOYMENT
   12  OF  RELIGIOUS  PROFESSION AND WORSHIP, WITHOUT DISCRIMINATION OR PREFER-
   13  ENCE, AS AN INHERENT AND FUNDAMENTAL RIGHT;
   14    (B) LAWS "FACIALLY NEUTRAL" TOWARD RELIGION, AS WELL AS LAWS  INTENDED
   15  TO  INTERFERE WITH RELIGIOUS EXERCISE, MAY BURDEN RELIGIOUS EXERCISE AND
   16  PROFESSION;
   17    (C) GOVERNMENTS SHOULD NOT  SUBSTANTIALLY  BURDEN  RELIGIOUS  EXERCISE
   18  WITHOUT COMPELLING JUSTIFICATION; AND
   19    (D) THE COMPELLING INTEREST TEST, AS SET FORTH IN THE FEDERAL CASES OF
   20  WISCONSIN  V.  YODER,  406 US 205 (1972), AND SHERBERT V. VERNER, 374 US
   21  398 (1963), IS A WORKABLE TEST FOR STRIKING  SENSIBLE  BALANCES  BETWEEN
   22  RELIGIOUS LIBERTY AND COMPETING GOVERNMENTAL INTERESTS.
   23    2. IT IS THE INTENT OF THE LEGISLATURE:
   24    (A)  TO  GUARANTEE  THAT  A  TEST OF COMPELLING STATE INTEREST WILL BE
   25  IMPOSED ON ALL STATE AND LOCAL LAWS AND ORDINANCES IN ALL CASES IN WHICH
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07145-01-1
       S. 2283                             2
    1  FREE EXERCISE AND ENJOYMENT  OF  RELIGIOUS  PROFESSION  AND  WORSHIP  IS
    2  SUBSTANTIALLY BURDENED; AND
    3    (B)  TO  PROVIDE A CLAIM OR DEFENSE TO PERSONS WHOSE RELIGIOUS PROFES-
    4  SION AND WORSHIP IS SUBSTANTIALLY BURDENED BY GOVERNMENT.
    5    S 276. FREE EXERCISE OF RELIGION PROTECTED. 1.  GOVERNMENT  SHALL  NOT
    6  SUBSTANTIALLY  BURDEN  A  PERSON'S  EXERCISE  AND ENJOYMENT OF RELIGIOUS
    7  PROFESSION AND WORSHIP EVEN IF THE BURDEN RESULTS FROM A RULE OF GENERAL
    8  APPLICABILITY, EXCEPT AS PROVIDED IN SUBDIVISION TWO OF THIS SECTION.
    9    2. GOVERNMENT MAY SUBSTANTIALLY BURDEN A PERSON'S EXERCISE AND  ENJOY-
   10  MENT  OF  RELIGIOUS  PROFESSION AND WORSHIP ONLY IF IT DEMONSTRATES THAT
   11  APPLICATION OF THE BURDEN TO THE PERSON--
   12    (A) IS IN FURTHERANCE OF A COMPELLING GOVERNMENTAL INTEREST; AND
   13    (B) IS THE LEAST  RESTRICTIVE  MEANS  OF  FURTHERING  THAT  COMPELLING
   14  GOVERNMENTAL INTEREST.
   15    3. A PERSON WHOSE RELIGIOUS EXERCISE HAS BEEN BURDENED IN VIOLATION OF
   16  THIS  SECTION MAY ASSERT THAT VIOLATION AS A CLAIM OR DEFENSE IN A JUDI-
   17  CIAL PROCEEDING AND OBTAIN APPROPRIATE RELIEF AGAINST A GOVERNMENT.    A
   18  PARTY  WHO  PREVAILS  IN  ANY  ACTION  TO ENFORCE THIS ARTICLE AGAINST A
   19  GOVERNMENT SHALL RECOVER ATTORNEY'S FEES AND COSTS.
   20    S 277. DEFINITIONS. AS USED IN THIS ARTICLE:
   21    1. THE  TERM  "GOVERNMENT"  INCLUDES  A  BRANCH,  DEPARTMENT,  AGENCY,
   22  INSTRUMENTALITY,  AND  OFFICIAL  (OR  OTHER PERSON ACTING UNDER COLOR OF
   23  LAW) OF THE STATE, OR A MUNICIPALITY OR SUBDIVISION OF THE STATE;
   24    2. THE TERM "DEMONSTRATES" MEANS MEETS THE BURDENS  OF  GOING  FORWARD
   25  WITH THE EVIDENCE AND OF PERSUASION; AND
   26    3.  THE  TERM  "EXERCISE  AND  ENJOYMENT  OF  RELIGIOUS PROFESSION AND
   27  WORSHIP" MEANS THE PRACTICE OF RELIGION UNDER SECTION THREE OF ARTICLE I
   28  OF THE STATE CONSTITUTION.
   29    S 278. APPLICABILITY.  1. THIS ARTICLE APPLIES TO ALL STATE AND  LOCAL
   30  LAWS  AND ORDINANCES AND THE IMPLEMENTATION OF SUCH LAWS AND ORDINANCES,
   31  WHETHER STATUTORY OR OTHERWISE, AND WHETHER ADOPTED BEFORE OR AFTER  THE
   32  EFFECTIVE DATE OF THIS ARTICLE.
   33    2. STATE LAW ADOPTED AFTER THE EFFECTIVE DATE OF THIS ARTICLE SHALL BE
   34  SUBJECT  TO THIS ARTICLE UNLESS SUCH LAW EXPLICITLY EXCLUDES SUCH APPLI-
   35  CATION BY REFERENCE TO THIS ARTICLE.
   36    3. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO AUTHORIZE ANY GOVERN-
   37  MENT TO BURDEN ANY RELIGIOUS BELIEF.
   38    S 2. This act shall take effect immediately.