BILL NUMBER: SB 38	AMENDED
	BILL TEXT

	AMENDED IN SENATE   APRIL 5, 1999

INTRODUCED BY   Senator Baca

                        DECEMBER 7, 1998

    An act to add Chapter 4.5 (commencing with Section 6400)
to Division 7 of Title 1 of the Government Code, relating to
  An act to add Article 4.1 (commencing with Section
65912.5) to Chapter 4 of Division 1 of Title 7 of the Government
Code, relating to  religious freedom.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 38, as amended, Baca.  Religious Freedom Protection Act.
   The First Amendment to the United States Constitution provides
that Congress shall make no law respecting an establishment of
religion, or prohibiting the free exercise of religion and the
California Constitution provides that the free exercise and enjoyment
of religion without discrimination or preference is guaranteed.
   This bill would enact the Religious Freedom Protection Act  to
require that a land use law, regulation, or decision that has the
effect of prohibiting or restricting the time, place, or manner of
operation of a religious assembly or institution be subject to
specified requirements.  The bill would authorize any person to
assert a violation of this provision as a claim or as a defense in a
judicial proceeding, but would prohibit the imposition of monetary
damages on any legislative body for land use laws, regulations, or
decisions adopted prior to January 1, 2000  .
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  no.
State-mandated local program:  no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  
  SECTION 1.  Chapter 4.5 (commencing with Section 6400) is added to
Division 7 of Title 1 of the Government Code, to read:

      CHAPTER 4.5.  RELIGIOUS FREEDOM PROTECTION ACT

   6400.  This chapter shall be known and may be cited as the
Religious Freedom Protection Act.  
  SECTION 1.  Article 4.1 (commencing with Section 65912.5) is added
to Chapter 4 of Division 1 of Title 7 of the Government Code, to
read:

      Article 4.1.  Religious Freedom Protection Act

   65912.5.  This article shall be known and may be cited as the
Religious Freedom Protection Act.
   65912.6.  (a) A land use law, regulation, or decision that has the
effect of prohibiting or restricting the time, place, or manner of
operation of a religious assembly or institution shall be subject to
both of the following requirements.  Its adoption and application
shall:
   (1) Impose no greater limitation or restriction on religious
assemblies or institutions than nonreligious assemblies or
institutions that create similar impacts on land use.
   (2) If substantially burdening the free exercise of religion, be
supported by the weight of the evidence, including a substantial
connection to an important governmental interest.
   (b) A person may assert a violation of this section as a claim or
defense in a judicial proceeding and obtain appropriate relief
against a legislative body.
   65912.7.  As used in this article:
   (a) "Land use law, regulation, or decision" means the adoption,
amendment, or rejection of a general plan, specific plan, or zoning
ordinance, or the issuance or denial of any permits or entitlements
for use, including a conditional use permit.
   (b) "Legislative body" means a "legislative body" as defined in
Section 53000, or a branch, department, agency, instrumentality, or
official or other person acting under color of law, of the state.
   (c) "Person" includes an individual, partnership, association,
corporation, organization, or any combination thereof.
   (d) "Religious assembly or institution" means an assembly or
institution principally devoted to religious exercise.
   65912.8.  (a) This article applies to all land use laws,
regulations, or decisions, whether adopted before or after the
effective date of this article.
   (b) To the extent that this article creates new rights to monetary
damages, nothing in this article shall be construed to allow the
imposition of monetary damages on any legislative body for land use
laws, regulations, or decisions adopted prior to January 1, 2000.
   (c) This article applies to all cities, including charter cities.
The Legislature finds and declares that free exercise of religion is
a matter of statewide concern and is not merely a municipal affair
or a matter of local interest.