S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6869

                            I N  S E N A T E

                            February 18, 2010
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the civil rights law, in relation to enacting the  reli-
  gious freedom restoration act

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The civil rights law is amended by  adding  a  new  section
79-n to read as follows:
  S  79-N.  RELIGIOUS FREEDOM RESTORATION ACT. 1. THE LEGISLATURE HEREBY
FINDS AND DECLARES THAT THE INALIENABLE RIGHT TO THE  FREE  EXERCISE  OF
RELIGION  IS SECURED BY THE NEW YORK STATE AND FEDERAL CONSTITUTIONS AND
MAY NOT BE BURDENED BY GOVERNMENT ABSENT COMPELLING INTEREST AND  JUSTI-
FICATION, AND THAT SUCH COMPELLING INTEREST MUST MEET THE TESTS OF BEING
MORE  THAN  ROUTINE, MUST RELATE DIRECTLY TO CORE CONSTITUTIONAL ISSUES,
AND MUST DO MORE THAN MERELY IMPROVE GOVERNMENT EFFICIENCY. THE LEGISLA-
TURE FURTHER FINDS IT TO BE IN EVERY SENSE IN  THE  PUBLIC  INTEREST  TO
REQUIRE,  AND  HEREBY  REQUIRES,  AS  A MATTER OF STATE POLICY, THAT THE
APPLICATION OF ANY RULE IN FURTHERANCE OF SUCH  COMPELLING  INTEREST  BE
PERFORMED IN THE LEAST RESTRICTIVE MANNER.
  THE  LEGISLATURE  DECLARES  THAT  THE  PURPOSES OF THIS SECTION ARE IN
EVERY SENSE IN THE PUBLIC INTEREST AND FOR THE BENEFIT OF THE PEOPLE  OF
THE  STATE OF NEW YORK, THOSE INTERESTS BEING: TO PROVIDE A STANDARDIZED
AND WORKABLE TEST FOR BALANCING RELIGIOUS LIBERTY AND GOVERNMENT  INTER-
ESTS;  TO GUARANTEE APPLICATION OF SUCH TEST IN ALL CASES WHERE EXERCISE
OF RELIGION IS SUBSTANTIALLY BURDENED; TO REQUIRE AS A MATTER  OF  STATE
POLICY  THAT  THE APPLICATION OF ANY RULE OR ACTION BY THE GOVERNMENT IN
ANY SUCH CASES BE EXECUTED IN THE LEAST RESTRICTIVE MANNER POSSIBLE; AND
TO PROVIDE A CLAIM OR DEFENSE TO PERSONS  WHOSE  RELIGIOUS  EXERCISE  IS
SUBSTANTIALLY BURDENED BY GOVERNMENT ACTIONS.
  2. AS USED IN THIS SECTION:
  A. "STATE GOVERNMENT" MEANS ANY DEPARTMENT, BUREAU, COMMISSION, BOARD,
PUBLIC  AUTHORITY  OR  OTHER  AGENCY  OF THE STATE, INCLUDING ANY PUBLIC
BENEFIT CORPORATION ANY MEMBER OF WHOSE BOARD IS APPOINTED BY THE GOVER-
NOR, OR ANY OFFICIAL OF ANY SUCH ENTITY DESCRIBED IN THIS SECTION.
  B. "LOCAL GOVERNMENT" MEANS ANY VILLAGE, TOWN (OUTSIDE THE AREA OF ANY
INCORPORATED VILLAGE), CITY,  OR  ANY  PUBLIC  BENEFIT  CORPORATION  ANY
MEMBER  OF  WHOSE BOARD IS APPOINTED BY A LOCAL GOVERNMENT, OR ANY OFFI-
              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16020-01-0

S. 6869                             2

CIAL OF ANY SUCH ENTITY.  WHERE A BOARD INCLUDES  MEMBERS  APPOINTED  BY
THE GOVERNOR AND BY A LOCAL GOVERNMENT, THE BOARD SHALL BE CONSIDERED AS
INCLUDED IN THE DEFINITION OF STATE GOVERNMENT.
  C. "GOVERNMENT" WHEN USED SINGLY MEANS STATE AND LOCAL GOVERNMENT.
  D. "EXERCISE OF RELIGION" MEANS AND INCLUDES ANY EXERCISE OF RELIGION,
WHETHER  OR  NOT  COMPELLED  BY,  OR  CENTRAL  TO, A SYSTEM OF RELIGIOUS
BELIEF, AND INCLUDES ANY ACT OR REFUSAL TO  ACT  THAT  IS  SUBSTANTIALLY
MOTIVATED  BY  SUCH  RELIGIOUS  BELIEF, AS WELL AS THE USE, BUILDING, OR
CONVERSION OF REAL PROPERTY FOR THE PURPOSE OF RELIGIOUS EXERCISE OF THE
PERSON OR ENTITY THAT USES OR INTENDS  TO  USE  THE  PROPERTY  FOR  THAT
PURPOSE.
  3.  STATE  AND  LOCAL  GOVERNMENT  SHALL  NOT  SUBSTANTIALLY  BURDEN A
PERSON'S EXERCISE OF RELIGION BY ANY ACT OR FAILURE TO ACT.
  A. A PERSON WHOSE RELIGIOUS EXERCISE IS, HAS BEEN, OR IS  PROPOSED  TO
BE SUBSTANTIALLY BURDENED IN VIOLATION OF THIS SECTION BY STATE OR LOCAL
GOVERNMENT  SHALL  NOTIFY  SUCH GOVERNMENT, WHICH SHALL ACCOMMODATE SUCH
PERSON'S RELIGIOUS NEEDS OR ELSE PROVIDE CREDIBLE EVIDENCE THAT APPLICA-
TION OF THE BURDEN TO THE PERSON (1) FURTHERS A COMPELLING  GOVERNMENTAL
INTEREST,  AND  (2)  IS  THE  LEAST RESTRICTIVE MEANS OF FURTHERING SUCH
COMPELLING GOVERNMENTAL INTEREST.
  B. A PERSON WHOSE RELIGIOUS EXERCISE HAS BEEN  SUBSTANTIALLY  BURDENED
IN  VIOLATION  OF  THIS  SECTION MAY ASSERT SUCH VIOLATION AS A CLAIM OR
DEFENSE IN A JUDICIAL PROCEEDING, PROVIDED, HOWEVER, THAT IT SHALL BE AN
EXCEPTION TO THE PROHIBITION ENACTED BY THIS  SECTION  IN  ANY  CASE  IN
WHICH  GOVERNMENT  PROVIDES  CREDIBLE  EVIDENCE  THAT APPLICATION OF THE
BURDEN TO THE PERSON (1) FURTHERS A  COMPELLING  GOVERNMENTAL  INTEREST;
AND  (2)  IS  THE  LEAST RESTRICTIVE MEANS OF FURTHERING SUCH COMPELLING
GOVERNMENTAL INTEREST.
  C. A PARTY WHO PREVAILS IN AN ACTION TO ENFORCE THIS SECTION AGAINST A
GOVERNMENT SHALL BE  ENTITLED  TO  RECOVER  ATTORNEY'S  FEES  AND  COSTS
INCURRED IN MAINTAINING SUCH CLAIM OR DEFENSE.
  4. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO AUTHORIZE ANY GOVERN-
MENT  TO SUBSTANTIALLY BURDEN ANY RELIGIOUS BELIEF, NOR SHALL THE GRANT-
ING OF GOVERNMENT FUNDING, BENEFITS, OR EXEMPTIONS  BE  CONSTRUED  AS  A
VIOLATION HEREUNDER, PROVIDED HOWEVER THAT THE WORD "GRANTING" SHALL NOT
BE  DEEMED  TO MEAN OR INCLUDE A DENIAL OF GOVERNMENT FUNDING, BENEFITS,
OR EXEMPTIONS.
  5. ANY OTHER PROVISION OF ANY OTHER LAW TO THE CONTRARY  NOTWITHSTAND-
ING, ANY VILLAGE, TOWN (OUTSIDE THE AREA OF ANY INCORPORATED VILLAGE) OR
CITY MAY ENACT ORDINANCES, STANDARDS, RULES, OR REGULATIONS THAT PROTECT
THE  FREE  EXERCISE  OF RELIGION IN A MANNER OR TO AN EXTENT EQUAL TO OR
GREATER THAN THE PROTECTION PROVIDED IN THIS SECTION.
  6. ANY IMPLICATION IN THE FOREGOING TO THE  CONTRARY  NOTWITHSTANDING,
"COMPELLING  GOVERNMENT  INTEREST" SHALL BE DEEMED TO INCLUDE ACTIVITIES
BY GOVERNMENT WHICH PREVENT OR PUNISH ANY ACT WHICH ON ITS FACE WOULD OR
IF UNDERTAKEN WOULD CONSTITUTE A VIOLATION, MISDEMEANOR, OR FELONY UNDER
THE PENAL OR ANY OTHER LAW OF THIS STATE.
  S 2. Severability. If any clause, sentence, paragraph, section or part
of this act shall be adjudged by any court of competent jurisdiction  to
be  invalid  and  after  exhaustion  of all further judicial review, the
judgment shall not affect, impair or invalidate the  remainder  thereof,
but  shall  be  confined in its operation to the clause, sentence, para-
graph, section or part of this act directly involved in the  controversy
in which such judgment shall have been rendered.
  S 3. This act shall take effect immediately.