| 6 | 7 | | A BILL TO BE ENTITLED |
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| 7 | 8 | | AN ACT |
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| 8 | 9 | | To amend Title 50 of the Official Code of Georgia Annotated, relating to state government, |
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| 9 | 10 | | 1 |
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| 10 | 11 | | so as to provide for the preservation of religious freedom; to provide for legislative findings2 |
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| 11 | 12 | | and determinations; to provide for the granting of relief; to provide for definitions; to provide3 |
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| 12 | 13 | | for construction; to provide for a short title; to provide for an effective date; to repeal4 |
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| 13 | 14 | | conflicting laws; and for other purposes.5 |
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| 14 | 15 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 |
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| 15 | 16 | | SECTION 1.7 |
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| 16 | 17 | | This Act shall be known and may be cited as the "Georgia Religious Freedom Restoration8 |
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| 17 | 18 | | Act."9 |
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| 18 | 19 | | SECTION 2.10 |
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| 19 | 20 | | (a) The General Assembly finds and determines that: |
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| 20 | 21 | | 11 |
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| 21 | 22 | | (1) Whereas the framers of the United States Constitution and the people of this state,12 |
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| 22 | 23 | | recognizing free exercise of religion as an inalienable right, secured its protection in the13 |
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| 23 | 24 | | First Amendment to the United States Constitution and in Paragraphs III and IV of14 |
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| 27 | 28 | | (2) Whereas in City of Boerne v. Flores, 521 U.S. 507 (1997), the United States Supreme16 |
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| 28 | 29 | | Court held that the compelling interest test provided for in the federal Religious Freedom17 |
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| 29 | 30 | | Restoration Act, to protect the inalienable constitutional right of free exercise of religion,18 |
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| 30 | 31 | | must be adopted by a state through legislative act or court decision in order to apply to19 |
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| 31 | 32 | | state or local government action; and20 |
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| 32 | 33 | | (3) The General Assembly has determined that the following legislative act adopts the21 |
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| 33 | 34 | | same compelling interest test provided for in the federal Religious Freedom Restoration22 |
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| 34 | 35 | | Act in a manner that applies it to the actions of state and local governments in Georgia.23 |
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| 35 | 36 | | SECTION 3.24 |
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| 36 | 37 | | Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended25 |
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| 37 | 38 | | by adding a new chapter to read as follows:26 |
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| 38 | 39 | | "CHAPTER 15A27 |
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| 39 | 40 | | 50-15A-1.28 |
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| 40 | 41 | | (a) Government shall not substantially burden a person's exercise of religion even if the29 |
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| 41 | 42 | | burden results from a rule of general applicability, except as provided in subsection (b) of30 |
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| 42 | 43 | | this Code section.31 |
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| 43 | 44 | | (b) Government may substantially burden a person's exercise of religion only if it32 |
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| 44 | 45 | | demonstrates that application of the burden to the person is:33 |
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| 45 | 46 | | (1) In furtherance of a compelling governmental interest; and34 |
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| 46 | 47 | | (2) The least restrictive means of furthering such compelling governmental interest.35 |
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| 47 | 48 | | (c) A person whose religious exercise has been burdened in violation of this chapter may36 |
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| 48 | 49 | | assert the violation as a claim or defense in a judicial proceeding and obtain appropriate37 |
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| 52 | 53 | | 50-15A-2.39 |
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| 53 | 54 | | As used in this chapter, the term:40 |
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| 54 | 55 | | (1) 'Demonstrates' means meets the burden of going forward with the evidence and of41 |
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| 55 | 56 | | persuasion.42 |
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| 56 | 57 | | (2) 'Exercise of religion' means any exercise of religion, whether or not compelled by,43 |
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| 57 | 58 | | or central to, a system of religious belief, including, but not limited to, the practice or44 |
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| 58 | 59 | | observance of religion under Paragraphs III and IV of Section I, Article I of the45 |
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| 59 | 60 | | Constitution of this state or the Free Exercise Clause of the First Amendment to the46 |
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| 60 | 61 | | Constitution of the United States.47 |
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| 61 | 62 | | (3) 'Government' includes any branch, department, agency, instrumentality, and official48 |
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| 62 | 63 | | or other person acting under color of law of this state, or any political subdivision of this49 |
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| 63 | 64 | | state as defined in Code Section 50-15-1.50 |
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| 64 | 65 | | 50-15A-3.51 |
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| 65 | 66 | | In any action or proceeding to enforce a provision of this chapter, the court or tribunal may52 |
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| 66 | 67 | | allow the prevailing party, other than government, a reasonable attorney fee as part of53 |
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| 67 | 68 | | costs."54 |
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| 68 | 69 | | SECTION 4.55 |
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| 69 | 70 | | This Act shall become effective upon its approval by the Governor or upon its becoming law56 |
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| 70 | 71 | | without such approval.57 |
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| 71 | 72 | | SECTION 5.58 |
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| 72 | 73 | | All laws and parts of laws in conflict with this Act are repealed.59 |
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