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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As introduced
5,486 characters
Stricken language would be deleted from and underlined language would be added to present law.
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State of Arkansas
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88th General Assembly
A Bill
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Regular Session, 2011
HOUSE BILL 1917
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By: Representative Hobbs
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For An Act To Be Entitled
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AN ACT TO ENACT THE RELIGIOUS FREEDOM RESTORATION
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ACT; TO PROVIDE REMEDIES AND PENALTIES FOR VIOLATING
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OR ABUSING RELIGIOUS PROTECTIONS UNDER THE ACT; AND
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FOR OTHER PURPOSES.
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Subtitle
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TO ENACT THE RELIGIOUS FREEDOM
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RESTORATION ACT AND TO PROVIDE REMEDIES
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AND PENALTIES FOR VIOLATING OR ABUSING
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RELIGIOUS PROTECTIONS UNDER THE ACT.
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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SECTION 1. Arkansas Code Title 16, Chapter 123, is amended to add an
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additional subchapter to read as follows:
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Subchapter 4--Religious Freedom Restoration Act
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16-123-401. Title.
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This subchapter shall be known and may be cited as the "Religious
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Freedom Restoration Act".
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16-123-402. Definitions.
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As used in this subchapter:
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(1)(A) "Burden" means to prevent, inhibit, or curtail
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religiously motivated practice consistent with a sincerely held religious
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belief.
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(B) "Burden" includes an indirect burden including without
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limitation withholding benefits, assessing penalties, or an exclusion from
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programs or access to facilities;
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(2) "Demonstrates" means meets the burdens of going forward with
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the evidence and of persuasion under the standard of clear and convincing
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evidence;
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(3) "Exercise of religion" means the exercise of sincerely held
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religious beliefs guaranteed by:
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(A) This subchapter;
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(B) Arkansas Constitution, Art. 2, §§ 24-26; or
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(C) The First Amendment to the United States Constitution;
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(4) "Fraudulent claim" means a claim that is dishonest in fact
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or that is made principally for a patently improper purpose including without
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limitation to harass the opposing party;
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(5) "Frivolous claim" means a claim that completely lacks merit
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under existing law and cannot be supported by a good faith argument for the
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extension, modification, or reversal of existing law or the establishment of
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new law;
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(6) "Government entity" means:
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(A) A branch, department, agency, board, commission, or
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other instrumentality of:
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(i) State government; or
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(ii) A political subdivision of the state; or
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(B) An official or other person acting under color of
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state law; and
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(7) "Prevails" means to obtain prevailing party status as
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defined by courts construing the federal Civil Rights Attorney’s Fees Awards
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Act of 1976, 42 U.S.C. § 1988.
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16-123-403. Religious freedom preserved.
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(a) Except as provided in subsection (b) of this section, no
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government entity shall burden a person’s free exercise of religion through
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the enforcement of a rule of general applicability or otherwise.
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(b) No government entity shall burden a person’s free exercise of
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religion unless it demonstrates by clear and convincing evidence that
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application of the burden to the person and the specific act or refusal to
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act is:
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(1) Essential to further a compelling governmental interest; and
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(2) The least restrictive means of furthering the compelling
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governmental interest.
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16-123-404. Construction and applicability.
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This subchapter does not:
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(1) Authorize a government entity to burden a religious belief;
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(2) Affect, interpret, or in any way address those portions of
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this subchapter, Article 2, §§ 24-26 of the Arkansas Constitution, or the
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First Amendment to the United States Constitution that prohibit laws
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respecting the establishment of religion; or
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(3) Prohibit a grant of government funds, benefits, or
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exemptions to the extent permissible under those portions of this subchapter,
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Article 2, §§ 24-26 of the Arkansas Constitution, or the First Amendment to
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the United States Constitution that prohibit laws respecting the
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establishment of religion.
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16-123-405. Remedies and penalties.
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(a)(1) A person whose exercise of religion has been burdened by a
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government entity in violation of this subchapter may in any judicial or
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administrative proceeding before a court or other tribunal of competent
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jurisdiction assert the violation as a claim or defense.
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(2) The court or tribunal may grant any combination of
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declaratory relief, injunctive relief, and monetary damages deemed
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appropriate for the violation.
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(b) A person who prevails against a government entity in any
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proceeding to enforce this subchapter may recover reasonable costs and
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attorney’s fees.
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