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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
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN 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 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