SENATE BILL NO. 235


   February 3, 1999, Introduced by Senators DINGELL and CHERRY and
        referred to the Committee on Government Operations.



        A bill to prohibit the state or a political subdivision of

   the state from imposing a substantial burden on a person's exer-

   cise of religion unless the state or political subdivision of the

   state demonstrates a compelling governmental interest in imposing

   that burden; and to provide a claim or defense to persons whose

   exercise of religion is substantially burdened by the state or a

   political subdivision of the state.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 1.  As used in this act:

 2         (a) "Exercise of religion" means a practice protected by

 3    section 4 of article I of the state constitution of 1963.

 4         (b) "State or a political subdivision of the state" means

 5    this state or a county, township, city, or village in this

 6    state.




   01993'99                                                 DMS
           
                                   2

 1         Sec. 2.  The state or a political subdivision of this state

 2    shall not impose a substantial burden on a person's exercise of

 3    religion unless it establishes by clear and convincing evidence

 4    both of the following:

 5         (a) The burden is necessary to advance a compelling govern-

 6    mental interest.

 7         (b) The burden is the least restrictive means of furthering

 8    the compelling governmental interest described in subdivision

 9    (a).

10         Sec. 3.  A person who alleges a violation of section 2 may

11    assert that violation as a claim or defense in a judicial pro-

12    ceeding, and may obtain equitable or other relief against the

13    state or political subdivision of the state for that violation.































   01993'99          Final page.                            DMS