CSHB 387(HES): "An Act requiring governmental entities, including municipalities and school districts, to meet certain requirements before placing a substantial burden on a person's free exercise of religion."
00CS FOR HOUSE BILL NO. 387(HES) 01 "An Act requiring governmental entities, including municipalities and school 02 districts, to meet certain requirements before placing a substantial burden on a 03 person's free exercise of religion." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. The uncodified law of the State of Alaska is amended by adding a new 06 section to read: 07 SHORT TITLE. This Act may be cited as the "Alaska Religious Freedom Protection 08 Act." 09 * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section 10 to read: 11 FINDINGS. The legislature finds that 12 (1) the First Amendment to the Constitution of the United States and art. I, 13 sec. 4, Constitution of the State of Alaska, recognize and protect the right of free exercise of 14 religion;
01 (2) in 1990, the United States Supreme Court retreated from over 200 years 02 of respect for the right to free exercise of religion in Employment Division v. Smith, 494 U.S. 03 872 (1990), an opinion written by Justice Scalia, by holding that the government no longer 04 had to make reasonable exceptions to general laws in order to accommodate the religious 05 beliefs of its citizens; 06 (3) while the Alaska Supreme Court has not chosen to follow this retreat from 07 protection for religion, the free exercise rights of Alaska citizens are so vital and fundamental 08 that it is in the public interest to provide a statutory guarantee of these rights to secure against 09 a change in judicial interpretation; and 10 (4) while it is improper for the legislature to tell the judiciary how to interpret 11 the Constitution of the State of Alaska, it is proper for the legislature to establish different 12 rights or to secure established rights in a different manner or to a different degree than the 13 minimum set by the Constitution of the State of Alaska as long as that legislative action does 14 not interfere with the rights of other persons. 15 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section 16 to read: 17 INTENT. It is not the intent of the legislature, by protecting the individual free 18 exercise of religion, to create an establishment of religion or an official state religion. 19 * Sec. 4. AS 14.14 is amended by adding a new section to article 1 to read: 20 Sec. 14.14.210. Personal exercise of religious freedom protected. (a) A 21 school board or school district may not place a substantial burden on a person's free 22 exercise of religion unless 23 (1) the burden is in the form of a rule of general applicability and does 24 not intentionally discriminate against religion or among religions; and 25 (2) application of the burden to the person is essential to further a 26 compelling governmental interest and is the least restrictive means of furthering that 27 compelling governmental interest. 28 (b) A person may bring a civil action against a school board or school district 29 for a violation of this section, and the court may grant appropriate relief. 30 (c) This section may not be construed to create an establishment of religion 31 or to authorize the infringement of the individual rights of a third party.
01 * Sec. 5. AS 29.10.200 is amended by adding a new paragraph to read: 02 (60) AS 29.71.070 (personal exercise of religious freedom protected). 03 * Sec. 6. AS 29.71 is amended by adding a new section to read: 04 Sec. 29.71.070. Personal exercise of religious freedom protected. (a) A 05 municipality may not place a substantial burden on a person's free exercise of religion 06 unless 07 (1) the burden is in the form of a rule of general applicability and does 08 not intentionally discriminate against religion or among religions; and 09 (2) application of the burden to the person is essential to further a 10 compelling governmental interest and is the least restrictive means of furthering that 11 compelling governmental interest. 12 (b) A person may bring a civil action against a municipality for a violation of 13 this section, and the court may grant appropriate relief. 14 (c) This section may not be construed to create an establishment of religion 15 or to authorize the infringement of the individual rights of a third party. 16 (d) This section applies to home rule and general law municipalities. 17 * Sec. 7. AS 44.62 is amended by adding a new section to article 2 to read: 18 Sec. 44.99.130. Personal exercise of religious freedom protected. (a) A 19 state agency may not place a substantial burden on a person's free exercise of religion 20 unless 21 (1) the burden is in the form of a rule of general applicability and does 22 not intentionally discriminate against religion or among religions; and 23 (2) application of the burden to the person is essential to further a 24 compelling governmental interest and is the least restrictive means of furthering that 25 compelling governmental interest. 26 (b) A person may bring a civil action against a state agency for a violation of 27 this section, and the court may grant appropriate relief. 28 (c) This section may not be construed to create an establishment of religion 29 or to authorize the infringement of the individual rights of a third party. 30 (d) In this section, "state agency" means a department, institution, board, 31 commission, division, authority, public corporation, committee, or other administrative
01 unit of the executive branch of state government, including the University of Alaska, 02 the Alaska Railroad Corporation, and the Alaska Aerospace Development Corporation.