UNAPPROVED DRAFT BILL -- Subject to Change Without Notice!
BILL NO.
INTRODUCED BY
(Primary Sponsor)
A BILL FOR AN ACT ENTITLED: "AN ACT PROVIDING THAT THE STATE AND LOCAL GOVERNMENTS MAY NOT BURDEN A PERSON'S FREE EXERCISE OF RELIGION WITHOUT DEMONSTRATING BY CLEAR AND CONVINCING EVIDENCE THAT THE BURDEN IS ESSENTIAL TO FURTHER A COMPELLING GOVERNMENT INTEREST AND IS THE LEAST RESTRICTIVE MEANS OF FURTHERING THAT INTEREST; AND PROVIDING FOR LEGAL PROCEEDINGS TO PROTECT THAT PROHIBITION AND FOR AN AWARD OF COSTS AND ATTORNEY FEES."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
NEW SECTION. Section 1. Protection of free exercise of religion. (1) The state may not, by statute or administrative rule, a local government may not by ordinance or resolution, and a state or local government agency or entity may not in the implementation or administration of a statute, administrative rule, ordinance, or resolution, burden a person's free exercise of religion without demonstrating by clear and convincing evidence that the burden is essential to further a compelling government interest and is the least restrictive means of furthering that interest.
(2) A violation of this section may be asserted in a claim for declaratory or injunctive relief or for compensatory damages. A prevailing claimant is entitled to recover costs and reasonable attorney fees. Costs and reasonable attorney fees may be awarded against a claimant found by the court to have made a claim that is completely lacking in merit.
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Latest Version of LC 472 (LC0472.01)
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