Second Regular Session Sixty-sixth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 08-0882.01 Esther van Mourik SENATE BILL 08-112 SENATE SPONSORSHIP Renfroe, and Brophy HOUSE SPONSORSHIP (None), Senate Committees House Committees State, Veterans & Military Affairs A BILL FOR AN ACT Concerning the preservation of a person's exercise of religion. Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) Restricts a governmental entity from substantially burdening a person's exercise of religion, even if the burden results from a rule of general applicability, unless the governmental entity demonstrates that the application of the burden to the person is both essential to furthering a compelling governmental interest and is the least restrictive means of doing so. Specifies that the grant of permissible state moneys, benefits, or exemptions is not a violation of the act. Specifies that a person whose exercise of religion has been burdened by a government entity may assert that violation as a claim or defense in any judicial or administrative proceeding and may obtain such declaratory relief or monetary damages as may be properly awarded by a court. Establishes that if a person prevails in a proceeding to enforce the act, he or she may recover reasonable costs and attorney fees. Specifies that if a court finds a person abused the protections of this section by filing a frivolous or fraudulent claim, that person may be assessed the governmental entity's court costs and may be enjoined from filing further claims. Defines terms. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Title 24, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW ARTICLE to read: ARTICLE 116 Preservation of a Person's Exercise of Religion 24-116-101. Definitions. As used in this article, unless the context otherwise requires: (1) "Burden" means to inhibit or curtail a religiously motivated practice. (2) "Demonstrates" means that a governmental entity meets the burden of proof under the standard of clear and convincing evidence. (3) "Exercise of religion" means religious freedom as specified in section 4 of article II of the state constitution and the free exercise of religion established by the first amendment to the United States constitution. (4) "Fraudulent claim" means a claim that is dishonest in fact or that is made principally for a patently improper purpose, such as to harass a person. (5) "Frivolous claim" means a claim that lacks merit under existing law and cannot be supported by a good faith argument for the extension, modification, or reversal of existing law or the establishment of new law. (6) "Governmental entity" means any branch, department, agency, or instrumentality of state government, or any official or other person acting under state law, or any political subdivision of the state. (7) "Prevails" means to obtain prevailing party status as defined by courts construing the federal "Civil Rights Attorney's Fees Awards Act of 1976", 42 U.S.C. sec. 1988. 24-116-102. Religious freedom preserved - remedies. (1) No governmental entity shall substantially burden a person's exercise of religion, even if the burden results from a rule of general applicability, unless the governmental entity demonstrates that application of the burden to the person is: (a) Essential to further a compelling governmental interest; and (b) The least restrictive means of furthering that compelling governmental interest. (2) (a) Nothing in this section shall be construed to: (I) Authorize any governmental entity to burden any religious belief; or (II) Affect, interpret, or in any way address those portions of section 4 of article II of the state constitution or the first amendment to the United States constitution that prohibit laws respecting an establishment of religion. (b) Granting state moneys, benefits, or exemptions, to the extent permissible under subparagraph (II) of paragraph (a) of this subsection (2), shall not constitute a violation of this article. As used in this subsection (2), "granting" used with respect to state funding, benefits, or exemptions shall not include the denial of state funding, benefits, or exemptions. (3) A person whose exercise of religion has been burdened by a governmental entity in violation of this article may assert that violation as a claim or defense in any judicial or administrative proceeding and may obtain such declaratory relief or monetary damages as may be properly awarded by a court of competent jurisdiction. A person who prevails in any proceeding to enforce this article against a governmental entity may recover reasonable costs and attorney fees. The provisions of this subsection (3) relating to attorney fees shall not apply to criminal prosecutions. (4) If a court of competent jurisdiction finds a person to have abused the protections of this article by filing a frivolous or fraudulent claim, that person may be assessed the governmental entity's court costs, if any, and may be enjoined from filing further claims under this article without leave of court. SECTION 2. Effective date - applicability. (1) This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution, (August 6, 2008, if adjournment sine die is on May 7, 2008); except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor. (2) The provisions of this act shall apply to actions filed on or after the applicable effective date of this act.