Text of GA HB 1023 (2014)

14 LC 41 0186 H. B. 1023 - 1 - House Bill 1023 By: Representatives Teasley of the 37th, Ramsey of the 72nd, Jackson of the 128th, Welch of the 110th, Bryant of the 162nd, and others A BILL TO BE ENTITLED AN ACT To amend Title 50 of the Official Code of Georgia Annotated, relating to state government, 1 so as to provide for the preservation of religious freedom; to provide for a short title; to 2 provide for definitions; to provide for penalties; to provide for the granting of relief; to repeal 3 conflicting laws; and for other purposes. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 5 SECTION 1. 6 This Act shall be known and may be cited as the "Preservation of Religious Freedom Act." 7 SECTION 2. 8 Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended 9 by adding a new chapter to read as follows: 10 "CHAPTER 15A 11 50-15A-1. 12 As used in this chapter, the term: 13 (1) 'Burden' means any government action or implementation or application of any law, 14 including, but not limited to, state and local laws, ordinances, rules, regulations, and 15 policies, whether statutory or otherwise, that directly or indirectly constrains, inhibits, 16 curtails, or denies the exercise of religion by any person or that directly or indirectly 17 pressures any person to engage in any action contrary to that person's exercise of religion, 18 including, but not limited to, withholding benefits, assessing criminal, civil, or 19 administrative penalties, and exclusion from government programs or access to 20 government facilities. 21 (2) 'Compelling governmental interest' includes, but is not limited to, protecting the 22 welfare of a child from abuse and neglect as provided for by state law. 23 14 LC 41 0186 H. B. 1023 - 2 - (3) 'Exercise of religion' means the practice or observance of religion under Article I, 24 Section I, Paragraphs III and IV of the Constitution of this state and the free exercise 25 clause of the First Amendment to the Constitution of the United States, including, but not 26 limited to, the right to act or refuse to act in a manner substantially motivated by a 27 sincerely held religious tenet or belief whether or not the exercise is compulsory or a 28 central part or requirement of the person's religious tenets or beliefs. 29 (4) 'Fraudulent claim' means a claim that is dishonest in fact or that is made principally 30 for a patently improper purpose, including, but not limited to, the harassing of another 31 party. 32 (5) 'Penal institution' means any jail, correctional institution, or similar facility for the 33 detention of violators of state laws or local ordinances and any entity supervising such 34 violators placed on parole, probation, or other conditional release. 35 (6) 'Person' means an individual, corporation, partnership, firm, business trust, 36 joint-stock company, association, syndicate, group, pool, joint venture, and any other 37 unincorporated association or group. 38 (7) 'State entity' means the state or any local subdivision of the state or public 39 instrumentality or public corporate body created by or under authority of state law, 40 including, but not limited to, the executive, legislative, and judicial branches and every 41 department, agency, board, bureau, office, commission, authority, or similar body thereof, 42 municipalities, counties, school districts, special taxing districts, conservation districts, 43 authorities, and any other state or local public instrumentality or corporation. 44 50-15A-2. 45 (a) A person's civil right to exercise of religion shall not be burdened even if the burden 46 results from a rule, law, ordinance, regulation, or policy of general applicability unless 47 demonstrated, by clear and convincing evidence, that application of the burden to the 48 person is in furtherance of a compelling governmental interest and is the least restrictive 49 means of furthering that compelling governmental interest. 50 (b) A person whose exercise of religion has been burdened or is substantially likely to be 51 burdened in violation of this chapter may assert such violation as a claim or defense in a 52 judicial proceeding regardless of whether a state entity is a party to the proceeding. A court 53 may grant appropriate relief as may be necessary including, but not limited to, injunctive 54 relief, protective order, writ of mandamus or prohibition, declaratory relief, actual 55 damages, and reasonable costs and attorney fees as determined by the court. 56 (c) Any person found by a court of competent jurisdiction to have abused the protection 57 of this chapter by making a fraudulent claim may be enjoined by such court from filing 58 further claims under this chapter before such court without leave of court. 59 14 LC 41 0186 H. B. 1023 - 3 - 50-15A-3. 60 In determining whether a compelling governmental interest is sufficient to justify a burden 61 on a person's exercise of religion pursuant to subsection (a) of Code Section 50-15A-2, 62 only those interests of the highest order and not otherwise served can overbalance the 63 fundamental right to the exercise of religion preserved by this chapter. In order to prevail 64 under the standard provided for by subsection (a) of Code Section 50-15A-2, it shall be 65 demonstrated that such standard is satisfied through application of the asserted violation 66 of this chapter to the particular claimant whose sincere exercise of religion has been 67 burdened. The religious liberty interest protected by this chapter is an independent liberty 68 that occupies a preferred position and no encroachments upon this liberty shall be 69 permitted, whether direct or indirect, unless required by clear and compelling governmental 70 interests of the highest order. 71 50-15A-4. 72 (a) Nothing in this chapter shall be construed to: 73 (1) Impair the fundamental right of every parent to control the care and custody of such 74 parent's minor children including, but not limited to, control over education, discipline, 75 religious and moral instruction, health, medical care, welfare, place of habitation, 76 counseling, and psychological and emotional well-being of such minor children as 77 provided for under the laws of this state and of the United States; or 78 (2) Authorize any violation of Article I, Section IV of the Constitution of this state. 79 (b) Except as provided by subsection (c) of this Code section, this chapter shall apply to 80 all actions by a state entity. 81 (c) This chapter shall not apply to penological rules, regulations, conditions, or policies 82 established by a penal institution that are reasonably related to the safety and security of 83 incarcerated persons, staff, visitors, supervised violators, or the public, or to the 84 maintenance of good order and discipline in any penal institution or parol or probation 85 program." 86 SECTION 3. 87 All laws and parts of laws in conflict with this Act are repealed. 88