BILL NUMBER: SB 38 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 27, 1999
AMENDED IN SENATE APRIL 5, 1999
INTRODUCED BY Senator Baca
DECEMBER 7, 1998
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.
Under the Planning and Zoning Law, any action by a city, county,
city and county, or other local governmental agency that denies to
any individual or group of individuals the enjoyment of any land use
because of race, sex, color, religion, ethnicity, national origin,
ancestry, lawful occupation, or age is null and void.
This bill would enact the Religious Freedom Protection Act to
require that a land use law, regulation, or decision
any act performed pursuant to the Planning and Zoning
Law that has the effect of prohibiting or restricting
regulating 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
any action.
The bill also would prohibit the imposition of
monetary damages on any legislative body for land
use laws, regulations, or decisions adopted for any
act performed prior to January 1, 2000 , but would provide
that its provisions apply to all acts performed before or after
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. 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.
65912.6. (a) Any act performed pursuant to this title that has
the effect of regulating the time, place, or manner of operation of a
religious assembly or institution shall not impose any greater
restriction on that operation than on the operation of nonreligious
assemblies or institutions that create similar effects on land use.
(b) Any act performed pursuant to this title that has the effect
of regulating the time, place, or manner of operation of a religious
assembly or institution and that substantially burdens the free
exercise of religion shall have a substantial connection to an
important governmental interest.
(c) Any administrative or quasi-judicial act performed pursuant to
this title that has the effect of regulating the time, place, or
manner of operation of a religious assembly or institution and that
substantially burdens the free exercise of religion shall be
supported by the weight of the evidence.
(d) In an action against a city, county, or city and county, any
person may assert a violation of this article as either a claim or a
defense, and may obtain appropriate relief, including damages.
Qualified immunity shall be a defense in any claim for damages under
this article.
(e) As used in this article, "person" includes an individual,
partnership, association, corporation, organization, or any
combination thereof.
(f) As used in this article, "religious assembly or institution"
means an assembly or institution principally devoted to religious
exercise.
65912.7. (a) This article applies to all acts performed pursuant
to this title, whether performed before or after January 1, 2000.
(b) No court shall award damages under this article for any act
performed pursuant to this title before 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.