South Carolina General Assembly
113th Session, 1999-2000

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Bill 3158


                    Current Status

Bill Number:                      3158
Ratification Number:              79
Act Number:                       38
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  19990112
Primary Sponsor:                  Campsen
All Sponsors:                     Campsen, Knotts, R. Smith, Loftis, 
                                  Barfield, Tripp, Altman, Wilder, Easterday, 
                                  Edge, Leach, Harrison, Robinson, J. Brown, 
                                  Miller, Hamilton, Barrett, Rice, Cato, J. 
                                  Smith, Delleney, Gilham, Lourie, Rhoad, 
                                  Bailey, Sharpe, Kirsh, Bales, Jennings, M. 
                                  Hines, Neilson, Kennedy, Ott, Cobb-Hunter, 
                                  Hayes, Gourdine, J. Hines, Inabinett, 
                                  Breeland, Lee, Moody-Lawrence, F. Smith, 
                                  McMahand, Mack, Maddox, Riser, Simrill, 
                                  Sandifer
Drafted Document Number:          l:\council\bills\kgh\15080som99.doc
Date Bill Passed both Bodies:     19990504
Date of Last Amendment:           19990429
Governor's Action:                S
Date of Governor's Action:        19990601
Subject:                          Religious Freedom Act, Acts Cited By 
                                  Popular Name, Courts, State Government, 
                                  Political Subdivisions, Prisons


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
------  19990618  Act No. A38
------  19990601  Signed by Governor
------  19990526  Ratified R79
Senate  19990504  Concurred in House amendment, 
                  enrolled for ratification
House   19990429  Senate amendments amended,
                  returned to Senate
Senate  19990427  Read third time, returned to House
                  with amendment
Senate  19990422  Read second time
Senate  19990422  Committee amendment adopted
Senate  19990421  Committee report: Favorable with       11 SJ
                  amendment
Senate  19990330  Introduced, read first time,           11 SJ
                  referred to Committee
House   19990325  Read third time, sent to Senate
House   19990324  Amended, read second time
House   19990310  Request for debate by Representative           Scott
                                                                 F. Smith
                                                                 Howard
                                                                 Pinckney
                                                                 Lloyd
                                                                 J.H. Neal
                                                                 Easterday
                                                                 Moody-
                                                                 Lawrence
                                                                 McMahand
                                                                 Lee
                                                                 McGee
                                                                 Campsen
                                                                 J. Hines
                                                                 Davenport
                                                                 Leach
                                                                 R. Smith
                                                                 Clyburn
                                                                 Mack
                                                                 Loftis
                                                                 Hamilton
House   19990310  Request for debate by Representative           Stuart
House   19990309  Debate adjourned until
                  Wednesday, 19990310
House   19990309  Co-Sponsor added (Rule 5.2) by Rep.            Sandifer
House   19990302  Debate adjourned until
                  Tuesday, 19990309
House   19990302  Co-Sponsor added (Rule 5.2) by Rep.            Simrill
House   19990224  Committee report: Favorable            25 HJ
House   19990211  Co-Sponsor added (Rule 5.2) by Rep.            Riser
House   19990203  Co-Sponsor added (Rule 5.2) by Rep.            Maddox
House   19990202  Co-Sponsor added (Rule 5.2) by Rep.            Hayes
                                                                 Gourdine
                                                                 J. Hines
                                                                 Inabinett
                                                                 Breeland
                                                                 Lee
                                                                 Moody-
                                                                 Lawrence
                                                                 F. Smith
                                                                 McMahand
                                                                 Mack
House   19990128  Co-Sponsor added (Rule 5.2) by Rep.            Kirsh
                                                                 Bales
                                                                 Jennings
                                                                 M. Hines
                                                                 Neilson
                                                                 Kennedy
                                                                 Ott
                                                                 Cobb-Hunter
House   19990126  Co-Sponsor added (Rule 5.2) by Rep.            Lourie
                                                                 Rhoad
                                                                 Bailey
                                                                 Sharpe
House   19990121  Co-Sponsor added (Rule 5.2) by Rep.            Gilham
                                                                 Delleney
                                                                 J. Smith
                                                                 Cato
                                                                 Rice
                                                                 Barrett
                                                                 Hamilton
                                                                 Miller
House   19990119  Co-Sponsor added (Rule 5.2) by Rep.            J. Brown
House   19990112  Introduced, read first time,           25 HJ
                  referred to Committee
House   19990106  Prefiled, referred to Committee        25 HJ


              Versions of This Bill
Revised on February 24, 1999 - Word format
Revised on March 24, 1999 - Word format
Revised on April 21, 1999 - Word format
Revised on April 22, 1999 - Word format
Revised on April 29, 1999 - Word format

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A38, R79, H3158)

AN ACT TO AMEND TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATION OF GOVERNMENT, BY ADDING CHAPTER 32 SO AS TO ENACT THE "SOUTH CAROLINA RELIGIOUS FREEDOM ACT" UNDER WHICH THE STATE OF SOUTH CAROLINA AND ANY POLITICAL SUBDIVISION OF THE STATE IS PROHIBITED FROM BURDENING A PERSON'S CONSTITUTIONAL EXERCISE OF RELIGION EXCEPT UNDER CERTAIN CONDITIONS AND UNDER WHICH A PERSON WHOSE EXERCISE OF RELIGION HAS BEEN BURDENED IN VIOLATION OF THIS CHAPTER MAY ASSERT THAT VIOLATION AS A CLAIM OR DEFENSE IN A JUDICIAL PROCEEDING AND OBTAIN APPROPRIATE RELIEF AGAINST THE STATE OR ANY POLITICAL SUBDIVISION OF THE STATE; AND TO AMEND CHAPTER 27, TITLE 24, RELATING TO INMATE LITIGATION, BY ADDING ARTICLE 5 SO AS TO PROVIDE FOR THE APPLICATION OF THE RELIGIOUS FREEDOM ACT TO THE REGULATIONS OF STATE OR LOCAL CORRECTIONAL FACILITIES.

Whereas, the General Assembly finds that:

(1) The free exercise of religion is an inherent, fundamental, and inalienable right secured by Article I, Section 2 of the Constitution of this State.

(2) Laws "neutral" toward religion, as well as laws intended to interfere with the exercise of religion, may burden the exercise of religion.

(3) The State or any political subdivision of the State should not substantially burden the exercise of religion without compelling justification.

(4) In Employment Division v. Smith, 494 U.S. 872 (1990), the Supreme Court virtually eliminated the requirement that government justify burdens on the exercise of religion imposed by laws neutral toward religion.

(5) In City of Boerne v. P. F. Flores, 521 U.S. 507 (1997), the Supreme Court held that an act passed by Congress to address the matter of burdens placed on the exercise of religion infringed on the legislative powers reserved to the states under the Constitution of the United States.

(6) The compelling interest test, as set forth in Wisconsin v. Yoder, 406 U.S. 205 (1972), and Sherbert v. Verner, 374 U.S. 398 (1963), is a workable test for striking sensible balances between religious liberty and competing governmental interests. Now, therefore,

Be it enacted by the General Assembly of the State of South Carolina:

Religious Freedom Act

SECTION 1. Title 1 of the 1976 Code is amended by adding:

"CHAPTER 32

South Carolina Religious Freedom Act

Section 1-32-10. This chapter may be cited as the 'South Carolina Religious Freedom Act'.

Section 1-32-20. In this chapter:

(1) 'Demonstrates' means meets the burdens of going forward with the evidence and of persuasion.

(2) 'Exercise of religion' means the exercise of religion under the First Amendment to the United States Constitution or Article I, Section 2 of the State Constitution.

(3) 'Person' includes, but is not limited to, an individual, corporation, firm, partnership, association, or organization.

(4) 'State' means the State of South Carolina and any political subdivision of the State and includes a branch, department, agency, board, commission, instrumentality, entity, or officer, employee, official of the State or a political subdivision of the State, or any other person acting under color of law.

Section 1-32-30. The purposes of this chapter are to:

(1) restore the compelling interest test as set forth in Wisconsin v. Yoder, 406 U.S. 205 (1972), and Sherbert v. Verner, 374 U.S. 398 (1963), and to guarantee that a test of compelling state interest will be imposed on all state and local laws and ordinances in all cases in which the free exercise of religion is substantially burdened; and

(2) provide a claim or defense to persons whose exercise of religion is substantially burdened by the State.

Section 1-32-40. The State may not substantially burden a person's exercise of religion, even if the burden results from a rule of general applicability, unless the State demonstrates that application of the burden to the person is:

(1) in furtherance of a compelling state interest; and

(2) the least restrictive means of furthering that compelling state interest.

Section 1-32-45. This chapter does not affect the application of and must be applied in conjunction with Chapter 27 of Title 24, concerning inmate litigation.

Section 1-32-50. If a person's exercise of religion has been burdened in violation of this chapter, the person may assert the violation as a claim or defense in a judicial proceeding. If the person prevails in such a proceeding, the court shall award attorney's fees and costs.

Section 1-32-60. (A) This chapter applies to all state and local laws and ordinances and the implementation of those laws and ordinances, whether statutory or otherwise, and whether adopted before or after the effective date of this act.

(B) Nothing in this chapter may be construed to authorize the State to burden any religious belief.

(C) Nothing in this chapter may be construed to affect, interpret, or in any way address:

(1) that portion of the First Amendment of the United States Constitution prohibiting laws respecting the establishment of religion;

(2) that portion of Article I, Section 2 of the State Constitution prohibiting laws respecting the establishment of religion.

(D) Granting state funding, benefits, or exemptions, to the extent permissible under the constitutional provisions enumerated in subsection (C)(1) and (2), does not constitute a violation of this chapter.

As used in this subsection, 'granting', with respect to state funding, benefits, or exemptions, does not include the denial of government funding, benefits, or exemptions."

Application of Religious Freedom Act to prison regulations

SECTION 2. Chapter 27 of Title 24 of the 1976 Code, as added by Act 455 of 1996, is amended by adding:

"Article 5

Application of the South Carolina Religious Freedom Act

Section 24-27-500. For the purposes of Chapter 32 of Title 1:

(A) A state or local correctional facility's regulation must be considered 'in furtherance of a compelling state interest' if the facility demonstrates that the religious activity:

(1) sought to be engaged by a prisoner is presumptively dangerous to the health or safety of that prisoner; or

(2) poses a direct threat to the health, safety, or security of other prisoners, correctional staff, or the public.

(B) A state or local correctional facility regulation may not be considered the 'least restrictive means' of furthering a compelling state interest if a reasonable accommodation can be made to protect the safety or security of prisoners, correctional staff, or the public."

Time effective

SECTION 3. This act takes effect upon approval by the Governor.

Ratified the 26th day of May, 1999.

Approved the 1st day of June, 1999.

__________


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