Bill Text: OR HB3609 | 2011 | Regular Session | Introduced
Bill Title: Relating to the free exercise of religion.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB3609 Detail]
Download: Oregon-2011-HB3609-Introduced.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session NOTE: Matter within { + braces and plus signs + } in an amended section is new. Matter within { - braces and minus signs - } is existing law to be omitted. New sections are within { + braces and plus signs + } . LC 3978 House Bill 3609 Sponsored by Representative LINDSAY SUMMARY The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject to consideration by the Legislative Assembly. It is an editor's brief statement of the essential features of the measure as introduced. Prohibits public body from burdening person's free exercise of religion even if burden results from application of rule of general applicability. Allows public body to burden person's free exercise of religion if public body demonstrates that application of burden is essential to further compelling governmental interest and is least restrictive means of furthering that compelling governmental interest. Prohibits public body from imposing or implementing land use regulation in manner that imposes unreasonable burden on person's exercise of religion, regardless of compelling governmental interest. Specifies exemptions. A BILL FOR AN ACT Relating to the free exercise of religion. Be It Enacted by the People of the State of Oregon: SECTION 1. { + As used in sections 1 to 4 of this 2011 Act: (1) 'Demonstrates' means meets the burden of going forward with the evidence and of persuasion. (2) 'Exercise of religion' means the ability to act or refusal to act in a manner substantially motivated by a religious belief, whether or not the exercise is compulsory or central to a larger system of religious belief. (3) 'Nonreligious assembly or institution' includes all membership organizations, theaters, cultural centers, dance halls, fraternal orders, amphitheaters and places of public assembly, regardless of size, where a public body allows meetings by ordinance, resolution or practice. (4) 'Person' includes a religious assembly or institution. (5) 'Public body' has the meaning given that term in ORS 174.109. + } SECTION 2. { + (1) Free exercise of religion is a fundamental right that applies in this state and is protected against laws, rules or other government actions even if those laws, rules or actions are facially neutral. (2) Except as provided in subsection (3) of this section, a public body may not substantially burden a person's exercise of religion even if the burden results from a rule of general applicability. (3) A public body may substantially burden a person's exercise of religion if the public body demonstrates that application of the burden to the person: (a) Is in furtherance of a compelling governmental interest; and (b) Is the least restrictive means of furthering that compelling governmental interest. (4) A person whose religious exercise is burdened in violation of this section may assert that violation: (a) As a claim or defense in a judicial or administrative proceeding brought by or against a public body or an officer or employee of a public body; or (b) As a defense in a judicial proceeding brought by any person that is not a public body or an officer or employee of a public body. (5) A person who prevails in any action to enforce this section against a public body or an officer or employee of a public body shall recover attorney fees and costs. + } SECTION 3. { + (1) A public body may not impose or implement a land use regulation in a manner that imposes an unreasonable burden on a person's exercise of religion, regardless of a compelling governmental interest, unless the government demonstrates: (a) That the person's exercise of religion at a particular location violates religion-neutral zoning standards in effect at the time of the person's application for a permit; (b) That the person's exercise of religion at a particular location would be hazardous due to toxic uses in adjacent properties; or (c) The existence of a suitable alternate property the person could use for the exercise of religion. (2) A public body may not impose or implement a land use regulation in a manner that treats a religious assembly or institution on less than equal terms with a nonreligious assembly or institution, regardless of a compelling governmental interest. (3) A public body may not impose or implement a land use regulation in a manner that discriminates against an assembly or institution on the basis of religion, regardless of any compelling governmental interest. (4) A public body may not impose or implement a land use regulation in a manner that completely excludes a religious assembly or institution from a zoning classification, or that unreasonably limits religious assemblies, institutions or structures within a zoning classification, regardless of any compelling governmental interest. (5) For the purposes of subsection (1) of this section, a land use regulation imposes an unreasonable burden on a person's exercise of religion if the regulation prevents the person from using the person's property in a manner that the person finds satisfactory to fulfill the person's religious mission. (6) For the purposes of subsection (1)(a) of this section, a zoning standard is religion-neutral if the standard is based on quantitative factors, including but not limited to maximum occupancy limits, height restrictions, setback requirements, fire code requirements, parking space requirements, sewer capacity limitations and traffic congestion limitations. Subsection (1)(a) of this section does not apply to zoning standards that are based on: (a) The desire that new construction be consistent with existing uses; (b) The desire that new construction work together with existing or proposed uses to improve the area; or (c) The public body's interest in maximizing tax revenues in the area. (7) For the purpose of determining whether there is a suitable alternate property that a person can use for the exercise of religion under subsection (1)(c) of this section, a public body must demonstrate that: (a) The property can be afforded by the person, taking into account the revenue sources of the person and other financial obligations of the person; (b) The property is within a reasonable distance from the location proposed by the person; and (c) The property is large enough to fully accommodate the current and projected needs of the person in fulfilling the person's religious mission. + } SECTION 4. { + Sections 1 to 4 of this 2011 Act may not be construed to authorize any public body to burden any religious belief. + } SECTION 5. { + Sections 1 to 4 of this 2011 Act apply to all state laws, rules, ordinances and resolutions, whether adopted before, on or after the effective date of this 2011 Act. + } ----------