Text of AR HB 1917 (2011)

To Enact The Religious Freedom Restoration Act And To Provide Remedies And Penalties For Violating Or Abusing Religious Protections Under The Act.

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Stricken language would be deleted from and underlined language would be added to present law. *DLP009* 02-23-2011 10:05:40 DLP009 State of Arkansas 1 88th General Assembly A Bill 2 Regular Session, 2011 HOUSE BILL 1917 3 4 By: Representative Hobbs 5 6 For An Act To Be Entitled 7 AN ACT TO ENACT THE RELIGIOUS FREEDOM RESTORATION 8 ACT; TO PROVIDE REMEDIES AND PENALTIES FOR VIOLATING 9 OR ABUSING RELIGIOUS PROTECTIONS UNDER THE ACT; AND 10 FOR OTHER PURPOSES. 11 12 13 Subtitle 14 TO ENACT THE RELIGIOUS FREEDOM 15 RESTORATION ACT AND TO PROVIDE REMEDIES 16 AND PENALTIES FOR VIOLATING OR ABUSING 17 RELIGIOUS PROTECTIONS UNDER THE ACT. 18 19 20 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 21 22 SECTION 1. Arkansas Code Title 16, Chapter 123, is amended to add an 23 additional subchapter to read as follows: 24 Subchapter 4--Religious Freedom Restoration Act 25 16-123-401. Title. 26 This subchapter shall be known and may be cited as the "Religious 27 Freedom Restoration Act". 28 29 16-123-402. Definitions. 30 As used in this subchapter: 31 (1)(A) "Burden" means to prevent, inhibit, or curtail 32 religiously motivated practice consistent with a sincerely held religious 33 belief. 34 (B) "Burden" includes an indirect burden including without 35 limitation withholding benefits, assessing penalties, or an exclusion from 36 HB1917 2 02-23-2011 10:05:40 DLP009 programs or access to facilities; 1 (2) "Demonstrates" means meets the burdens of going forward with 2 the evidence and of persuasion under the standard of clear and convincing 3 evidence; 4 (3) "Exercise of religion" means the exercise of sincerely held 5 religious beliefs guaranteed by: 6 (A) This subchapter; 7 (B) Arkansas Constitution, Art. 2, §§ 24-26; or 8 (C) The First Amendment to the United States Constitution; 9 (4) "Fraudulent claim" means a claim that is dishonest in fact 10 or that is made principally for a patently improper purpose including without 11 limitation to harass the opposing party; 12 (5) "Frivolous claim" means a claim that completely lacks merit 13 under existing law and cannot be supported by a good faith argument for the 14 extension, modification, or reversal of existing law or the establishment of 15 new law; 16 (6) "Government entity" means: 17 (A) A branch, department, agency, board, commission, or 18 other instrumentality of: 19 (i) State government; or 20 (ii) A political subdivision of the state; or 21 (B) An official or other person acting under color of 22 state law; and 23 (7) "Prevails" means to obtain prevailing party status as 24 defined by courts construing the federal Civil Rights Attorney’s Fees Awards 25 Act of 1976, 42 U.S.C. § 1988. 26 27 16-123-403. Religious freedom preserved. 28 (a) Except as provided in subsection (b) of this section, no 29 government entity shall burden a person’s free exercise of religion through 30 the enforcement of a rule of general applicability or otherwise. 31 (b) No government entity shall burden a person’s free exercise of 32 religion unless it demonstrates by clear and convincing evidence that 33 application of the burden to the person and the specific act or refusal to 34 act is: 35 (1) Essential to further a compelling governmental interest; and 36 HB1917 3 02-23-2011 10:05:40 DLP009 (2) The least restrictive means of furthering the compelling 1 governmental interest. 2 3 16-123-404. Construction and applicability. 4 This subchapter does not: 5 (1) Authorize a government entity to burden a religious belief; 6 (2) Affect, interpret, or in any way address those portions of 7 this subchapter, Article 2, §§ 24-26 of the Arkansas Constitution, or the 8 First Amendment to the United States Constitution that prohibit laws 9 respecting the establishment of religion; or 10 (3) Prohibit a grant of government funds, benefits, or 11 exemptions to the extent permissible under those portions of this subchapter, 12 Article 2, §§ 24-26 of the Arkansas Constitution, or the First Amendment to 13 the United States Constitution that prohibit laws respecting the 14 establishment of religion. 15 16 16-123-405. Remedies and penalties. 17 (a)(1) A person whose exercise of religion has been burdened by a 18 government entity in violation of this subchapter may in any judicial or 19 administrative proceeding before a court or other tribunal of competent 20 jurisdiction assert the violation as a claim or defense. 21 (2) The court or tribunal may grant any combination of 22 declaratory relief, injunctive relief, and monetary damages deemed 23 appropriate for the violation. 24 (b) A person who prevails against a government entity in any 25 proceeding to enforce this subchapter may recover reasonable costs and 26 attorney’s fees. 27 28 29 30 31 32 33 34 35 36