2001 Legislation
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HOUSE BILL NO. 102 – Religious freedom, defense use

HOUSE BILL NO. 102

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Daily Data Tracking History



H0102..............................................................by TRAIL
RELIGIOUS FREEDOM - Amends existing law to provide that the provisions of
Chapter 4, Title 73, Idaho Code, relating to the free exercise of religion,
do not eliminate or establish a defense to a civil action or criminal
prosecution under federal or state civil rights laws.
                                                                        
01/29    House intro - 1st rdg - to printing
01/30    Rpt prt - to Jud

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 102
                                                                        
                                          BY TRAIL
                                                                        
  1                                        AN ACT
  2    RELATING TO THE FREE EXERCISE OF  RELIGION;  AMENDING  SECTION  73-402,  IDAHO
  3        CODE,  TO  PROVIDE THAT THE PROVISIONS OF CHAPTER 4, TITLE 73, IDAHO CODE,
  4        SHALL NOT ELIMINATE NOR ESTABLISH A DEFENSE TO A CIVIL ACTION OR  CRIMINAL
  5        PROSECUTION  UNDER  STATE OR FEDERAL CIVIL RIGHTS LAWS; DECLARING AN EMER-
  6        GENCY AND PROVIDING AN EFFECTIVE DATE.
                                                                        
  7    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  8        SECTION 1.  That Section 73-402, Idaho Code, be, and the  same  is  hereby
  9    amended to read as follows:
                                                                        
 10        73-402.  FREE  EXERCISE  OF RELIGION PROTECTED. (1) Free exercise of reli-
 11    gion is a fundamental right that applies in this state, even if laws, rules or
 12    other government actions are facially neutral.
 13        (2)  Except as provided in subsection  (3)  of  this  section,  government
 14    shall  not  substantially  burden  a person's exercise of religion even if the
 15    burden results from a rule of general applicability.
 16        (3)  Government may substantially burden a person's exercise  of  religion
 17    only if it demonstrates that application of the burden to the person is both:
 18        (a)  Essential to further a compelling governmental interest;
 19        (b)  The  least restrictive means of furthering that compelling governmen-
 20        tal interest.
 21        (4)  A person whose religious exercise is burdened in  violation  of  this
 22    section may assert that violation as a claim or defense in a judicial proceed-
 23    ing  and obtain appropriate relief against a government; in no event, however,
 24    shall the provisions of this chapter either establish or eliminate  a  defense
 25    to  a civil action or criminal prosecution under state or federal civil rights
 26    laws. A party who prevails in any action to enforce  this  chapter  against  a
 27    government shall recover attorney's fees and costs.
 28        (5)  In  this  section, the term "substantially burden" is intended solely
 29    to ensure that this chapter is not  triggered  by  trivial,  technical  or  de
 30    minimis infractions.
                                                                        
 31        SECTION  2.  An  emergency  existing  therefor,  which emergency is hereby
 32    declared to exist, this act shall be in full force and  effect  on  and  after
 33    February 1, 2001.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE
                                
                            RS 10709
                                
This legislation amends Section 73-402, Idaho Code, to provide 

that the provisions of Chapter 4, Title 73, Idaho Code shall not 

establish nor eliminate a defense to a civil action or criminal 

prosecution under state or federal civil rights laws.



                          FISCAL NOTE
                                
It is anticipated that the passage of this legislation will save 

the State of Idaho substantial future legal costs.











Contact
Name: Rep. Tom Trail
      332-1202
      Sen. Gary Schroeder
      332-1321


STATEMENT OF PURPOSE/FISCAL NOTE                                       H102