Text of SD SB 124 (2021)

21.407.15 96th Legislative Session 277 2021 South Dakota Legislature Senate Bill 124 Introduced by: Senator Schoenbeck Catchlines are not law. (§ 2-16-13.1) Underscores indicate new language. Overstrikes indicate deleted language. An Act to provide protections for the exercise of religious freedom. 1 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 2 Section 1. That a NEW SECTION be added: 3 1-1A-4. Government authority--Limitations related to the exercise of 4 religion. 5 Notwithstanding any other provision of law, no state agency, political subdivision, 6 or any elected or appointed official or employee of this state or its political subdivisions 7 may: 8 (1) Substantially burden a person's exercise of religion unless applying the burden to 9 that person's exercise of religion in a particular situation is essential to further a 10 compelling governmental interest and is the least restrictive means of furthering 11 that compelling government interest; 12 (2) Treat religious conduct more restrictively than any secular conduct of reasonably 13 comparable risk; or 14 (3) Treat religious conduct more restrictively than comparable secular conduct because 15 of alleged economic need or benefit. 16 This section constitutes a general law of the state within the meaning of S.D. 17 Const., Article IX, § 2 and supersedes any contrary provision in a home rule charter. Any 18 person aggrieved by a violation of this section may file an action for damages, injunctive 19 relief, or other appropriate redress in circuit court, or may assert such violation as a 20 defense in a judicial or administrative proceeding. The plaintiff, if the prevailing party, 21 may also recover reasonable attorney's fees and costs. 22

21.407.16 96th Legislative Session 277 2021 South Dakota Legislature Senate Bill 124 ENROLLED AN ACT ENTITLED An Act to provide protections for the exercise of religious freedom. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: Section 1. That a NEW SECTION be added: 1-1A-4. Government authority--Limitations related to the exercise of religion. Notwithstanding any other provision of law, no state agency, political subdivision, or any elected or appointed official or employee of this state or its political subdivisions may: (1) Substantially burden a person's exercise of religion unless applying the burden to that person's exercise of religion in a particular situation is essential to further a compelling governmental interest and is the least restrictive means of furthering that compelling government interest; (2) Treat religious conduct more restrictively than any secular conduct of reasonably comparable risk; or (3) Treat religious conduct more restrictively than comparable secular conduct because of alleged economic need or benefit. This section constitutes a general law of the state within the meaning of S.D. Const., Article IX, § 2 and supersedes any contrary provision in a home rule charter. Any person aggrieved by a violation of this section may file an action for damages, injunctive relief, or other appropriate redress in circuit court, or may assert such violation as a defense in a judicial or administrative proceeding. The plaintiff, if the prevailing party, may also recover reasonable attorney's fees and costs. 21.407.16 2 277 SB124 ENROLLED An Act to provide protections for the exercise of religious freedom. I certify that the attached Act originated in the: Senate as Bill No. 124 Secretary of the Senate President of the Senate Attest: Secretary of the Senate Speaker of the House Attest: Chief Clerk Senate Bill No. 124 File No. ____ Chapter No. ______ Received at this Executive Office this _____ day of _____________, 2021 at ____________M. By for the Governor The attached Act is hereby approved this ________ day of ______________, A.D., 2021 Governor STATE OF SOUTH DAKOTA, ss. Office of the Secretary of State Filed ____________, 2021 at _________ o'clock __M. Secretary of State By Asst. Secretary of State