Text of LA SB 606 (2010)

SLS 10RS-907 ORIGINAL Page 1 of 10 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. Regular Session, 2010 SENATE BILL NO. 606 BY SENATOR MARTINY RELIGIOUS FREEDOMS/LIBERTIES. Provides relative to religious freedom. (8/15/10) AN ACT 1 To enact Part XIX of Chapter 32 of Title 13 of the Louisiana Revised Statutes of 1950, to 2 be comprised of R.S. 13:5230 through 5244, relative to religious freedoms; to create 3 a cause of action for the preservation of religious freedom; to provide for definitions; 4 to provide for applicability; to provide for remedies; to require notice; to provide for 5 remediation; to provide for limitations and procedures; to waive government 6 immunity; to provide for fraudulent or frivolous claims; and to provide for related 7 matters. 8 Be it enacted by the Legislature of Louisiana: 9 Section 1. Part XIX of Chapter 32 of Title 13 of the Louisiana Revised Statutes of 10 1950, comprised of R.S. 13:5230 through 13:5243, is hereby enacted to read as follows: 11 PART XIX. PRESERVATION OF RELIGIOUS FREEDOM ACT 12 §5230. Short title 13 This part shall be known as and may be cited as the "Preservation of 14 Religious Freedom Act". 15 §5231.Legislative Findings 16 The legislature finds and declares that: 17 SB NO. 606 SLS 10RS-907 ORIGINAL Page 2 of 10 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. A. Free exercise of religion is a fundamental right of the highest order 1 in this state. 2 B. In 1974, this legislature and the people of Louisiana chose to adopt 3 the exact language found in the First Amendment of the United States 4 Constitution regarding religious free exercise as Article 1, Section 8 of the 5 Louisiana Constitution. 6 C. At the time of adoption of that constitutional amendment, the United 7 States Supreme Court interpreted that provision to provide equal protection 8 from action of the government that explicitly burdened religious exercise and 9 those that indirectly burdened religious exercise through their effect. In both 10 instances, the government had to show that it had a compelling interest in 11 taking a particular action and that it was taking the action in a way that was 12 least restrictive to person's right to freely exercise their religious beliefs. This 13 rule was set forth in the case of Sherbert v. Verner, 374 U.S. 398 (1963), among 14 other cases. 15 D. It was the intent of the legislature and the people of Louisiana to 16 provide that level of protection to its citizens. 17 E. In 1990, the United States Supreme Court, in Employment Division 18 v. Smith, 494 U.S. 872 (1990), reduced the protection available to persons in the 19 exercise of their religious beliefs where a law was facially neutral or generally 20 applicable. In such case, the government need only give a rational basis for the 21 action and need not supply the least restrictive means to achieve their goal. 22 F. The courts of Louisiana have not adopted the standard set forth in 23 Employment Division v. Smith. It was and continues to be the intent of this state 24 that the protections afforded by the Sherbert case apply in Louisiana. 25 §5232. Free Exercise of Religion Protected 26 Government may not substantially burden a person's exercise of religion, 27 even if the burden results from a facially neutral rule or a rule of general 28 applicability, unless it demonstrates that application of the burden to the person 29 SB NO. 606 SLS 10RS-907 ORIGINAL Page 3 of 10 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. is: 1 A. Essential to further a compelling governmental interest, and 2 B. The least restrictive means of furthering that compelling 3 governmental interest. 4 §5233. Definitions 5 In this Part, unless the context otherwise requires; 6 A. "Substantially burden" means that the government, directly or 7 indirectly, does any of the following: 8 (1) Significantly constrains or inhibits conduct or expression mandated 9 by a person's sincerely held religious belief. 10 (2) Significantly curtails a person's ability to express adherence to the 11 person's religious faith. 12 (3) Denies a person a reasonable opportunity to engage in activities 13 which are fundamental to the persons religion. 14 (4) Compels conduct or expression which violates a specific tenet of a 15 person's religious faith. 16 B. "Exercise of religion" means the ability to act or refuse to act in a 17 manner substantially motivated by a sincerely held religious belief, whether or 18 not the exercise is compulsory or a central part or central requirement of the 19 person's religious belief. 20 C. "Religion" means the practice or observance of religion under Article 21 1 Section 8 of the Louisiana Constitution and the First Amendment of the 22 United States Constitution. 23 D. "Person" includes an individual or a church, association of churches 24 or other religious order, body or institution which qualifies for exemption from 25 taxation under Section 501(3) or (d) of the Internal Revenue Code of 1986 26 (Public law 99-514, 26 U.S.C. Section 501). 27 E. "Government" or "governmental agency" includes any of the 28 following: 29 SB NO. 606 SLS 10RS-907 ORIGINAL Page 4 of 10 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. (1) Any board, commission, department, agency, special district, 1 authority, or other entity of the state. 2 (2) Any political subdivision of this state including any parish, 3 municipality, special district, school board, sheriff, public board, institution, 4 department, commission, district, corporation, agency, authority, or any agency 5 or subdivision of any of these. 6 (3) Any other public or governmental body of any kind which is not a 7 state agency 8 (4) Anyofficial or other person acting under color of law. 9 F. "Demonstrates" means meets the burdens of going forward with 10 evidence and persuasion under the standard of clear and convincing evidence. 11 §5234. Exceptions 12 A. Nothing in this Part shall be construed to allow any person to cause 13 physical injury to another person. 14 B. A compelling interest may include legitimate penological interests 15 needed to protect the safety and security of incarcerated persons and 16 correctional facilities, but shall not outweigh reasonable requests by 17 incarcerated individuals for the opportunity to pray, reasonable access to 18 clergy, use of religious materials that are not violent or profane, and reasonable 19 dietary requests. 20 C. Nothing in this Part shall be construed to authorize same sex 21 marriages, unions, or the equivalent thereof. 22 §5235. Applicability 23 This Part applies to all state laws and local ordinances and the 24 implementation of those laws and ordinances, whether statutory or otherwise 25 and whether enacted or adopted before, on or after the effective date of this 26 Chapter. Nothing in this Act shall create or preclude a right of any religious 27 organization to receive funding or other assistance from a government, or of 28 any person to receive government funding for a religious activity. 29 SB NO. 606 SLS 10RS-907 ORIGINAL Page 5 of 10 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. §5236. Remedies 1 A person whose religious exercise is being, has been, or is likely to be 2 burdened in violation of this Part may assert that violation as a claim or defense 3 in a judicial proceeding and obtain appropriate relief, without regard to 4 whether the proceeding is brought in the name of the state or by any other 5 person, including: 6 (1) Injunctive or declaratory relief against a government agency or 7 person acting under color of law that violates or proposes to violate these 8 provisions. 9 (2) The actual damages, reasonable attorney fees and costs. 10 §5237. Notice 11 A. A person may not bring an action in court to assert a claim under this 12 Part unless, at least thirty days prior to bringing the action, the person gives 13 written notice to the person burdening their free exercise, and any 14 governmental agency authorizing said act, by certified mail, return receipt 15 requested, informing the person and the agency of all of the following: 16 (1) The person's free exercise of religion is being, has been, or is about 17 to be substantially burdened by an exercise of the agency's governmental 18 authority. 19 (2) A description of the act or refusal to act which is burdening, has 20 burdened or is about to burden the person's free exercise of religion. 21 (3) The manner in which the exercise of the governmental authority 22 burdens the person's free exercise of religion. 23 B. Provided however, a person may bring an action in court without 24 providing the notice required by Subsection (A) of this Section if any of the 25 following occur: 26 (1) The exercise of governmental authority which threatens to 27 substantially burden the person's free exercise of religion is imminent. 28 (2) The person was not informed and did not otherwise have knowledge 29 SB NO. 606 SLS 10RS-907 ORIGINAL Page 6 of 10 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. of the exercise of the governmental authority in time to reasonably provide 1 notice. 2 (3) The provision of the notice would delay an action to the extent that 3 the action would be dismissed as untimely. 4 (4) The claim or defense is asserted as a counterclaim in a pending 5 proceeding. 6 §5238. Remediation 7 Prior to the expiration of the thirty-day period referred to in R.S. 8 13:5238, an agency which receives notice in accordance with R.S. 13:5238 may 9 remedy the substantial burden on the person's free exercise of religion. A 10 person with respect to whom a substantial burden on the person's free exercise 11 of religion has been cured may not bring an action under this Section or must 12 dismiss such action if it is already pending. 13 §5239. Limitations and Procedures 14 A. Except as stated in Subsection (B) of this Section, the provisions of 15 the Louisiana Governmental Claims Act, R.S. 13:5101 through 13:5108, shall 16 apply to an action under this Act. 17 B. A person must bring an action to assert a claim for damages under 18 this Part not later than one year after the date the person knew or should have 19 known of the substantial burden on the person's free exercise of religion. 20 Mailing notice under R.S. 13:5238 shall toll the one-year period until the 21 seventy fifth day after the date on which the notice is mailed. 22 §5240. Immunity Waived 23 Immunity from liability of the government agency and its employees is 24 waived for an action brought under this Part. 25 §5241. Fraudulent or Frivolous Claims 26 A. Any person found by a court of competent jurisdiction to have 27 abused the protection of this Part by filing a frivolous or fraudulent claim may 28 be assessed the court costs of the governmental entity and may be enjoined from 29 SB NO. 606 SLS 10RS-907 ORIGINAL Page 7 of 10 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. filing further claims under this Part without leave of the court. 1 B. A "fraudulent claim" means a claim that is dishonest in fact or that 2 is made principally for a patently improper purpose, such as to harass the 3 opposing party. 4 C. A "frivolous claim" means a claim which lacks merit under existing 5 law and which cannot be supported by a good faith argument for the extension, 6 modification, or reversal of existing law or the establishment of new law. 7 §5242. Construction of Part 8 A. The protections of this Part are in addition to the protections granted 9 by federal law and the state and federal constitutions. 10 B. This Part shall not affect the grant of benefits or tax exemptions to 11 religious organizations. 12 C. This Part shall not affect, interpret, or in any way address that 13 portion of the First Amendment to the Constitution of the United States and of 14 Article 1, Section 8 or the Louisiana Constitution that prohibits laws respecting 15 the establishment of religion. 16 §5243. Severability 17 If any provision of this Part or its application to any person or 18 circumstance is held invalid, the invalidity does not affect other provisions or 19 applications of this Part that can be given effect without the invalid provision 20 or application and to this end the provisions of the Part are severable. 21 The original instrument and the following digest, which constitutes no part of the legislative instrument, were prepared by Heyward Jeffers. DIGEST Proposed law creates the Preservation of Religious Freedom Act. Proposed law provides that government may not substantially burden a person's exercise of religion, even if the burden results from a facially neutral rule or a rule of general applicability, unless it demonstrates that application of the burden to the person is essential to further a compelling governmental interest and is the least restrictive means of furthering that compelling governmental interest. Proposed law provides the following definitions: SB NO. 606 SLS 10RS-907 ORIGINAL Page 8 of 10 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. (1) "Substantially burden" means that the government, directly or indirectly, does any of the following: (a) Significantly constrains or inhibits conduct or expression mandated by a person's sincerely held religious belief. (b) Significantly curtails a person's ability to express adherence to the person's religious faith. (c) Denies a person a reasonable opportunity to engage in activities which are fundamental to the persons religion. (d) Compels conduct or expression which violates a specific tenet of a person's religious faith. (2) "Exercise of religion" means the ability to act or refuse to act in a manner substantially motivated by a sincerely held religious belief, whether or not the exercise is compulsory or a central part or central requirement of the person's religious belief. (3) "Religion" means the practice or observance of religion under the Louisiana Constitution and the First Amendment of the United States Constitution. (4) "Person" includes an individual or a church, association of churches or other religious order, body or institution which qualifies for exemption from taxation under the Internal Revenue Code. (5) "Government" or "governmental agency" includes any of the following: (a) Any board, commission, department, agency, special district, authority, or other entity of the state. (b) Any political subdivision of this state including any parish, municipality, special district, school board, sheriff, public board, institution, department, commission, district, corporation, agency, authority, or any agency or subdivision of any of these. (c) Any other public or governmental body of any kind which is not a state agency. (d) Any official or other person acting under color of law. (6) "Demonstrates" means meets the burdens of going forward with evidence and persuasion under the standard of clear and convincing evidence. Proposed law provides that nothing in proposed law shall be construed to allow any person to cause physical injury to another person. Proposed law provides that a compelling interest may include legitimate penological interests needed to protect the safety and security of incarcerated persons and correctional facilities, but that such shall not outweigh reasonable requests by incarcerated individuals for the opportunity to pray, reasonable access to clergy, use of religious materials that are not violent or profane, and reasonable dietary requests. Proposed law provides that nothing in proposed law shall be construed to authorize same sex marriages, unions, or the equivalent thereof. Proposed law provides that it shall be applicable to all state laws and local ordinances and the implementation of those laws and ordinances, whether statutory or otherwise and whether enacted or adopted before, on or after the effective date of proposed law. Provides SB NO. 606 SLS 10RS-907 ORIGINAL Page 9 of 10 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. that nothing in proposed law shall create or preclude a right of any religious organization to receive funding or other assistance from a government, or of any person to receive government funding for a religious activity. Proposed law provides that a person whose religious exercise is being, has been, or is likely to be burdened in violation of proposed law may assert that violation as a claim or defense in a judicial proceeding and obtain appropriate relief, without regard to whether the proceeding is brought in the name of the state or by any other person, including: (1) Injunctive or declaratory relief against a government agency or person acting under color of law that violates or proposes to violate these provisions. (2) The actual damages, reasonable attorney fees and costs. Proposed law provides that a person may not bring an action in court to assert a claim unless, at least 30 days prior to bringing the action, the person gives written notice to the person burdening their free exercise, and any governmental agency authorizing such, by certified mail, return receipt requested, informing the person and the agency of all of the following: (1) The person's free exercise of religion is being, has been, or is about to be substantially burdened by an exercise of the agency's governmental authority. (2) A description of the act or refusal to act which is burdening, has burdened or is about to burden the person's free exercise of religion. (3) The manner in which the exercise of the governmental authority burdens the person's free exercise of religion. Proposed law provides a exception to the 30-day notice if any of the following occur: (1) The exercise of governmental authority which threatens to substantially burden the person's free exercise of religion is imminent. (2) The person was not informed and did not otherwise have knowledge of the exercise of the governmental authority in time to reasonably provide notice. (3) The provision of the notice would delay an action to the extent that the action would be dismissed as untimely. (4) The claim or defense is asserted as a counterclaim in a pending proceeding. Proposed law provides that prior to the expiration of the 30-day period, an agency which receives notice may remedy the substantial burden on the person's free exercise of religion. A person with respect to whom a substantial burden on the person's free exercise of religion has been cured may not bring an action or must dismiss such action if it is already pending. Proposed law provides that the provisions of the Louisiana Governmental Claims Act shall apply to an action under proposed law. Proposed law provides that a person must bring an action to assert a claim for damages not later than one year after the date the person knew or should have known of the substantial burden on the person's free exercise of religion. Provides that mailing the 30-day notice shall toll the one-year period until the 75th day after the date on which the notice is mailed. Proposed law provides that immunity from liability of the government agency and its employees is waived for an action brought under proposed law. Proposed law provides that any person found by a court of competent jurisdiction to have SB NO. 606 SLS 10RS-907 ORIGINAL Page 10 of 10 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. abused the protection of proposed law by filing a frivolous or fraudulent claim may be assessed the court costs of the governmental entity and may be enjoined from filing further claims without leave of the court. Proposed law provides that a "fraudulent claim" means a claim that is dishonest in fact or that is made principally for a patently improper purpose, such as to harass the opposing party. Proposed law provides that a "frivolous claim" means a claim which lacks merit under existing law and which cannot be supported by a good faith argument for the extension, modification, or reversal of existing law or the establishment of new law. Proposed law provides that the protections of proposed law are in addition to the protections granted by federal law and the state and federal constitutions. Proposed law provides that it shall not affect the grant of benefits or tax exemptions to religious organizations. Proposed law provides that it shall not affect, interpret, or in any way address that portion of the First Amendment to the Constitution of the United States and of Article 1, Section 8 or the Louisiana Constitution that prohibits laws respecting the establishment of religion. Proposed law provides that the provisions of proposed law are severable. Effective August 15, 2010. (Adds R.S. 13:5230-5244)

Page 1 of 7 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. Regular Session, 2010 ENROLLED SENATE BILL NO. 606 BY SENATORS MARTINY, ALARIO, AMEDEE, APPEL, BROOME, CHEEK, CROWE, DONAHUE, DUPLESSIS, ERDEY, N. GAUTREAUX, GUILLORY, HEBERT, KOSTELKA, LONG, MICHOT, MOUNT, QUINN, RISER, SHAW, SMITH, THOMPSON AND WALSWORTH AND REPRESENTATIVES BALDONE, BARROW, BURFORD, HENRY BURNS, TIM BURNS, CHAMPAGNE, CHANDLER, CROMER, GREENE, GUILLORY, GUINN, HARDY, HARRISON, HAZEL, HENRY, HILL, HINES, HOFFMANN, HONORE, HOWARD, LABRUZZO, LAMBERT, LIGI, LITTLE, LOPINTO, LORUSSO, MONICA, PEARSON, PERRY, PONTI, POPE, PUGH, RICHARD, RICHARDSON, SCHRODER, SIMON, SMILEY, JANE SMITH, TALBOT, THIERRY, WHITE, WILLIAMS, WILLMOTT AND WOOTON AN ACT 1 To enact Part XIX of Chapter 32 of Title 13 of the Louisiana Revised Statutes of 1950, to 2 be comprised of R.S. 13:5230 through 5241, relative to religious freedoms; to create 3 a cause of action for the preservation of religious freedom; to provide for definitions; 4 to provide for applicability; to provide for remedies; to require notice; to provide for 5 remediation; to provide certain limitations and procedures; to provide relative to 6 fraudulent or frivolous claims; and to provide for related matters. 7 Be it enacted by the Legislature of Louisiana: 8 Section 1. Part XIX of Chapter 32 of Title 13 of the Louisiana Revised Statutes of 9 1950, comprised of R.S. 13:5230 through 5241, is hereby enacted to read as follows: 10 PART XIX. PRESERVATION OF RELIGIOUS FREEDOM ACT 11 §5230. Short title 12 This part shall be known as and may be cited as the "Preservation of 13 Religious Freedom Act". 14 §5231. Legislative findings 15 The legislature finds and declares that: 16 A. Free exercise of religion is a fundamental right of the highest order 17 in this state. 18 B. In 1974, this legislature and the people of Louisiana chose to adopt 19 the exact language found in the First Amendment of the Constitution of the 20 ACT No. 793 SB NO. 606 ENROLLED Page 2 of 7 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. United States of America regarding religious free exercise as Article 1, Section 1 8 of the Constitution of Louisiana. 2 C. At the time of adoption of Article 1, Section 8 of the Constitution of 3 Louisiana, the United States Supreme Court interpreted the First Amendment 4 of the Constitution of the United States of America to provide the same level of 5 protection for an action of the government that explicitly burdened religious 6 exercise as for an action that indirectly burdened religious exercise through its 7 effect. In both instances, the government had to show that it had a compelling 8 interest in taking a particular action and that it was taking the action in a way 9 that was least restrictive of a person's right to freely exercise his religious 10 beliefs. This rule was set forth in the case of Sherbert v. Verner, 374 U.S. 398 11 (1963), among other cases. 12 D. It was the intent of the legislature and the people of Louisiana in 1974 13 to provide that level of protection to its citizens. 14 E. In 1990, the United States Supreme Court, in Employment Division 15 v. Smith, 494 U.S. 872 (1990), reduced the protection available to persons in the 16 exercise of their religious beliefs where a law was facially neutral or generally 17 applicable by holding that the government need only give a rational basis for the 18 action and need not supply the least restrictive means to achieve its goal. 19 F. The courts of Louisiana have not adopted the standard set forth in 20 Employment Division v. Smith. It was and continues to be the intent of this state 21 that the protections afforded by the Sherbert case apply in Louisiana. 22 §5232. Free exercise of religion protected 23 Government shall not substantially burden a person's exercise of 24 religion, even if the burden results from a facially neutral rule or a rule of 25 general applicability, unless it demonstrates that application of the burden to 26 the person is both: 27 (1) In furtherance of a compelling governmental interest. 28 (2) The least restrictive means of furthering that compelling 29 governmental interest. 30 SB NO. 606 ENROLLED Page 3 of 7 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. §5233. Definitions 1 In this Part, unless the context otherwise requires: 2 (1) "A person" includes an individual and also includes a church, 3 association of churches or other religious order, body or institution which 4 qualifies for exemption from taxation under Section 501(c)(3) or (d) of the 5 Internal Revenue Code of 1986 (Public law 99-514, 26 U.S.C. Section 501). 6 (2) "Burden" means that the government, directly or indirectly, does 7 any of the following: 8 (a) Constrains or inhibits conduct or expression mandated by a person's 9 sincerely held religious tenet or belief. 10 (b) Significantly curtails a person's ability to express adherence to the 11 person's religious faith. 12 (c) Denies a person a reasonable opportunity to engage in activities 13 which are fundamental to the person's religion. 14 (d) Compels conduct or expression which violates a tenet or belief of a 15 person's religious faith. 16 (3) "Compelling state interest" includes the interest of the state to 17 protect the best interest of a child and the health, safety, and welfare of a child. 18 (4) "Demonstrates" means meeting the burdens of going forward with 19 evidence and persuasion. 20 (5) "Exercise of religion" means the practice or observance of religion 21 under Article 1, Section 8, of the Constitution of Louisiana and the First 22 Amendment of the Constitution of the United States of America and includes 23 the ability to act or refuse to act in a manner substantially motivated by a 24 sincerely-held religious belief, whether or not the exercise is compulsory or a 25 central part or central requirement of the person's religious belief. 26 (6) "Government" or "governmental agency" means any of the 27 following: 28 (a) Any board, commission, court, department, agency, special district, 29 authority, or other entity of the state. 30 SB NO. 606 ENROLLED Page 4 of 7 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. (b) Any political subdivision of this state including any parish, 1 municipality, special district, school board, sheriff, public board, institution, 2 department, commission, district, corporation, agency, court, or authority. 3 (c) Any other public or governmental body of any kind which is not a 4 state agency. 5 (d) Any official or other person acting under color of law. 6 §5234. Exceptions 7 A. Nothing in this Part shall be construed to allow any person to cause 8 physical injury to another person. 9 B. The standards of a compelling governmental interest, as set forth in 10 R.S. 13:5232, shall be satisfied by any penological regulation or rule which is 11 established by a jail or correctional facility to protect the safety and security of 12 incarcerated persons, or staff of, or visitors to the jail or correctional facility, 13 or to maintain order or discipline in the jail or correctional facility. 14 C. Nothing in this Part shall be construed to authorize any relationship, 15 marital or otherwise, that would violate Article XII, Section 15 of the 16 Constitution of Louisiana. 17 D. Nothing in this Part shall be construed to authorize the enforcement 18 of any law, rule, or legal code or system established and used or applied in a 19 jurisdiction outside of the states or territories of the United States. 20 §5235. Applicability 21 A. This Part applies to all state laws and local ordinances and the 22 implementation of those laws and ordinances, whether statutory or otherwise 23 and whether enacted or adopted before, on or after the effective date of this 24 Part. 25 B. Nothing in this Part shall create or preclude a right of any religious 26 organization to receive funding or other assistance from a government, or of 27 any person to receive government funding for a religious activity. 28 §5236. Remedies 29 Subject to the provisions of R.S. 13:5239(C), a person whose religious 30 SB NO. 606 ENROLLED Page 5 of 7 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. exercise is being, has been, or is likely to be burdened in violation of this Part 1 may assert that violation as a claim or defense in a judicial proceeding and 2 obtain appropriate relief, not to include punitive or exemplary damages, 3 without regard to whether the proceeding is brought in the name of the state or 4 by any other person, including but not limited to: 5 (1) Injunctive relief, protective order, writ of mandamus or prohibition, 6 or declaratory relief to prevent any violation of these provisions. 7 (2) The actual damages, reasonable attorney fees, and costs. 8 §5237. Notice 9 A. A person shall not bring an action in court to assert a claim under 10 this Part unless, at least thirty days prior to bringing the action, the person gives 11 written notice to the person burdening their free exercise, and any 12 governmental agency authorizing such act, by certified mail, return receipt 13 requested, informing the person and the agency of all of the following: 14 (1) The person's free exercise of religion is being, has been, or is about 15 to be substantially burdened by an exercise of the authority of the governmental 16 agency. 17 (2) A description of the act or refusal to act which is burdening, has 18 burdened or is about to burden the person's free exercise of religion. 19 (3) The manner in which the exercise of the governmental authority 20 burdens the person's free exercise of religion. 21 B. Notwithstanding the requirements of Subsection A of this Section, a 22 person may bring an action in court without providing the notice required by 23 Subsection A of this Section if any of the following occur: 24 (1) The exercise of governmental authority which threatens to 25 substantially burden the person's free exercise of religion is imminent. 26 (2) The person was not informed and did not otherwise have knowledge 27 of the exercise of the governmental authority in time to reasonably provide 28 notice. 29 (3) The provision of the notice would delay an action to the extent that 30 SB NO. 606 ENROLLED Page 6 of 7 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. the action would be dismissed as untimely. 1 (4) The claim is asserted as a counterclaim, objection, or defense in a 2 pending proceeding. 3 §5238. Remediation 4 Prior to the expiration of the thirty-day period referred to in R.S. 5 13:5237, an agency which receives notice in accordance with R.S. 13:5237 may 6 remedy the substantial burden on the person's free exercise of religion. A 7 person with respect to whom a substantial burden on the person's free exercise 8 of religion has been cured may not bring an action under this Section or shall 9 dismiss such action if it is already pending. 10 §5239. Limitations and procedures 11 A. Except as stated in Subsection B of this Section, and except as to 12 objections, protective orders or writs of mandamus or prohibition, the 13 provisions of the Louisiana Governmental Claims Act, R.S. 13:5101 through 14 5108, as applicable, shall apply to an action under this Act. 15 B. A person shall bring an action to assert a claim for damages under 16 this Part not later than one year after the date the person knew or should have 17 known of the substantial burden on the person's free exercise of religion. 18 Mailing notice under R.S. 13:5237 shall toll the one-year period until the 19 seventy-fifth day after the date on which the notice is mailed. 20 C. Notwithstanding any other provision of law to the contrary, including 21 R.S. 13:5237 and 5238, the provisions of the Corrections Administrative 22 Remedy Procedure, as provided in R.S. 15:1171 through 1179, and the Prison 23 Litigation Reform Act, as provided in R.S. 15:1181 through 1191, as applicable, 24 shall apply to any action under this Act. 25 §5240. Fraudulent or frivolous claims 26 A. Any person found by a court of competent jurisdiction to have 27 abused the protection of this Part by filing a frivolous or fraudulent claim may 28 be assessed the court costs of the governmental entity and may be enjoined from 29 filing further claims under this Part without leave of the court. 30 SB NO. 606 ENROLLED Page 7 of 7 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. B. A "fraudulent claim" means a claim that is dishonest in fact or that 1 is made principally for a patently improper purpose, such as to harass the 2 opposing party. 3 C. A "frivolous claim" means a claim which lacks merit under existing 4 law and which cannot be supported by a good faith argument for the extension, 5 modification, or reversal of existing law. 6 §5241. Construction of Part 7 A. The protections of this Part are in addition to the protections granted 8 by federal law and the state and federal constitutions. 9 B. This Part shall not affect the grant of benefits or tax exemptions to 10 religious organizations. 11 C. This Part shall not affect, interpret, or in any way address that 12 portion of the First Amendment to the Constitution of the United States of 13 America or Article 1, Section 8 of the Constitution of Louisiana that prohibits 14 laws respecting the establishment of religion. 15 PRESIDENT OF THE SENATE SPEAKER OF THE HOUSE OF REPRESENTATIVES GOVERNOR OF THE STATE OF LOUISIANA APPROVED: