S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    183
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  M.  of  A.  EICHENSTEIN -- read once and referred to the
   Committee on Governmental Operations
 
 AN ACT to amend the civil rights law, in relation to  enacting  the  New
   York religious land use and religious exercise act

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as the  "New  York
 religious land use and religious exercise act".
   §  2.  Article 10 and sections 100 and 101 of the civil rights law, as
 renumbered by chapter 263 of the laws of 2019, are renumbered article 15
 and sections 150 and 151, respectively.
   § 3. The civil rights law is amended by adding a  new  article  10  to
 read as follows:
                                 ARTICLE 10
                 RELIGIOUS LAND USE AND RELIGIOUS EXERCISE
 SECTION 100. DEFINITIONS.
         101. RESTRICTION ON REGULATIONS AFFECTING RELIGIOUS LAND USE.
         102. RESTRICTION  ON REGULATIONS AFFECTING RELIGIOUS EXERCISE OF
                INSTITUTIONALIZED PERSONS.
         103. GOVERNMENT DISCRETION IN ALLEVIATING BURDENS  ON  RELIGIOUS
                EXERCISE.
         104. JUDICIAL RELIEF.
         105. RULES OF CONSTRUCTION.
         106. BROAD CONSTRUCTION.
         107. SEVERABILITY.
   § 100. DEFINITIONS. AS USED IN THIS ARTICLE:
   1.  "CLAIMANT"  MEANS  A  PERSON RAISING A CLAIM OR DEFENSE UNDER THIS
 ARTICLE.
   2. "DEMONSTRATES" MEANS MEETS THE BURDENS OF GOING  FORWARD  WITH  THE
 EVIDENCE AND OF PERSUASION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00209-01-3
 A. 183                              2
 
   3. "FREE EXERCISE CLAUSE" MEANS THAT PORTION OF THE FIRST AMENDMENT TO
 THE  CONSTITUTION  THAT PROSCRIBES LAWS PROHIBITING THE FREE EXERCISE OF
 RELIGION.
   4. "GOVERNMENT" MEANS:
   (A) THE STATE;
   (B)  THE  GOVERNING BOARD OF A MUNICIPAL CORPORATION AS SUCH TERMS ARE
 DEFINED IN SECTION TWO OF THE GENERAL MUNICIPAL LAW;
   (C) ANY OTHER GOVERNMENTAL ENTITY CREATED UNDER THE AUTHORITY  OF  THE
 STATE  OR  A  MUNICIPAL  CORPORATION,  INCLUDING  BUT NOT LIMITED TO ANY
 BRANCH, DEPARTMENT, AGENCY OR INSTRUMENTALITY; OR
   (D) ANY OTHER PERSON ACTING UNDER COLOR OF STATE LAW.
   5. "INSTITUTION" MEANS AN INSTITUTION, AS DEFINED IN SECTION 2 OF  THE
 CIVIL RIGHTS OF INSTITUTIONALIZED PERSONS ACT (42 U.S.C. § 1997).
   6.  "LAND  USE  REGULATION"  MEANS A ZONING OR LANDMARKING LAW, OR THE
 APPLICATION OF SUCH A LAW, THAT LIMITS OR RESTRICTS A CLAIMANT'S USE  OR
 DEVELOPMENT  OF  LAND  (INCLUDING  A  STRUCTURE AFFIXED TO LAND), IF THE
 CLAIMANT HAS AN OWNERSHIP,  LEASEHOLD,  EASEMENT,  SERVITUDE,  OR  OTHER
 PROPERTY  INTEREST  IN  THE  REGULATED  LAND  OR A CONTRACT OR OPTION TO
 ACQUIRE SUCH AN INTEREST.
   7. "NATIVE AMERICAN TRIBE" MEANS THOSE TRIBES, BANDS OR  OTHER  ORGAN-
 IZED  GROUPS  OF  INDIANS  RECOGNIZED  IN THE STATE OR CONSIDERED BY THE
 FEDERAL SECRETARY OF THE INTERIOR TO BE  A  NATIVE  AMERICAN  OR  INDIAN
 TRIBE OR A NATIVE AMERICAN OR INDIAN ORGANIZATION FOR ANY PURPOSE.
   8. "PERSON" MEANS ANY NATURAL PERSON, PARTNERSHIP, CORPORATION, COMPA-
 NY, TRUST, ASSOCIATION OR OTHER ENTITY, HOWEVER ORGANIZED.
   9.  "PROGRAM OR ACTIVITY" MEANS ALL OF THE OPERATIONS OF ANY ENTITY AS
 DESCRIBED IN PARAGRAPH (1) OR (2) OF SECTION 606 OF THE CIVIL RIGHTS ACT
 OF 1964 (42 U.S.C. § 2000D-4A).
   10. "RELIGIOUS EXERCISE" INCLUDES ANY EXERCISE OF RELIGION, WHETHER OR
 NOT COMPELLED BY, OR CENTRAL TO, A SYSTEM OF RELIGIOUS BELIEF. THE  USE,
 BUILDING,  OR  CONVERSION  OF REAL PROPERTY FOR THE PURPOSE OF RELIGIOUS
 EXERCISE SHALL BE CONSIDERED TO BE RELIGIOUS EXERCISE OF THE  PERSON  OR
 ENTITY THAT USES OR INTENDS TO USE THE PROPERTY FOR THAT PURPOSE.
   §  101.  RESTRICTION  ON REGULATIONS AFFECTING RELIGIOUS LAND USE.  1.
 SUBSTANTIAL BURDENS.
   (A) A GOVERNMENT SHALL NOT IMPOSE OR IMPLEMENT A LAND  USE  REGULATION
 IN  A MANNER THAT IMPOSES A SUBSTANTIAL BURDEN ON THE RELIGIOUS EXERCISE
 OF A PERSON, INCLUDING A RELIGIOUS ASSEMBLY OR INSTITUTION,  UNLESS  THE
 GOVERNMENT  DEMONSTRATES  THAT  IMPOSITION OF THE BURDEN ON THAT PERSON,
 ASSEMBLY, OR INSTITUTION:
   (1) IS IN FURTHERANCE OF A COMPELLING INTEREST OF THE GOVERNMENT; AND
   (2) IS THE LEAST  RESTRICTIVE  MEANS  OF  FURTHERING  SUCH  COMPELLING
 INTEREST.
   (B)  THE  PROVISIONS  OF  THIS  SUBDIVISION SHALL APPLY IN ANY CASE IN
 WHICH:
   (1) THE SUBSTANTIAL BURDEN IS IMPOSED IN A PROGRAM  OR  ACTIVITY  THAT
 RECEIVES  GOVERNMENT OR FEDERAL FINANCIAL ASSISTANCE, EVEN IF THE BURDEN
 RESULTS FROM A RULE OF GENERAL APPLICABILITY; OR
   (2) THE SUBSTANTIAL BURDEN AFFECTS, OR THE REMOVAL OF THAT SUBSTANTIAL
 BURDEN WOULD AFFECT, COMMERCE WITH FOREIGN NATIONS, WITH  ANOTHER  STATE
 OR  MUNICIPAL  CORPORATION,  OR WITH NATIVE AMERICAN TRIBES, EVEN IF THE
 BURDEN RESULTS FROM A RULE OF GENERAL APPLICABILITY; OR
   (3) THE SUBSTANTIAL BURDEN IS IMPOSED IN THE IMPLEMENTATION OF A  LAND
 USE  REGULATION OR SYSTEM OF LAND USE REGULATIONS, UNDER WHICH A GOVERN-
 MENT MAKES, OR HAS IN PLACE, FORMAL OR INFORMAL PROCEDURES OR  PRACTICES
 A. 183                              3

 THAT  PERMIT  THE  GOVERNMENT TO MAKE, INDIVIDUALIZED ASSESSMENTS OF THE
 PROPOSED USES FOR THE PROPERTY INVOLVED.
   2.  DISCRIMINATION  AND  EXCLUSION.  A  GOVERNMENT SHALL NOT IMPOSE OR
 IMPLEMENT A LAND USE REGULATION:
   (A) IN A MANNER THAT TREATS A RELIGIOUS  ASSEMBLY  OR  INSTITUTION  ON
 LESS THAN EQUAL TERMS WITH A NONRELIGIOUS ASSEMBLY OR INSTITUTION;
   (B)  THAT  DISCRIMINATES  AGAINST  ANY  ASSEMBLY OR INSTITUTION ON THE
 BASIS OF RELIGION OR RELIGIOUS DENOMINATION; OR
   (C) THAT TOTALLY EXCLUDES RELIGIOUS ASSEMBLIES FROM A JURISDICTION  OR
 UNREASONABLY  LIMITS  RELIGIOUS  ASSEMBLIES, INSTITUTIONS, OR STRUCTURES
 WITHIN A JURISDICTION.
   3. DEFINITION.   AS USED IN THIS  SECTION,  "SUBSTANTIAL  BURDEN"  MAY
 INCLUDE:
   (A)  BEING  PROHIBITED  FROM  USING  A PROPERTY FOR RELIGIOUS EXERCISE
 WHERE THE USE IS OTHERWISE PERMITTED BY RIGHT OR SPECIAL EXCEPTION;
   (B) AN ACTUAL AND SUBSTANTIAL FINANCIAL BURDEN IN  PROCEEDING  WITH  A
 LAND  USE PROJECT WHICH IS NOT ATTRIBUTABLE TO A FACTOR OR FACTORS OTHER
 THAN THE LAND USE REGULATION AT ISSUE; OR
   (C) AN ACTUAL AND SUBSTANTIAL DELAY IN  PROCEEDING  WITH  A  LAND  USE
 PROJECT  WHICH IS NOT ATTRIBUTABLE TO A FACTOR OR FACTORS OTHER THAN THE
 LAND USE REGULATION AT ISSUE.
   § 102. RESTRICTION ON  REGULATIONS  AFFECTING  RELIGIOUS  EXERCISE  OF
 INSTITUTIONALIZED  PERSONS.  1. A GOVERNMENT SHALL NOT IMPOSE A SUBSTAN-
 TIAL BURDEN ON THE  RELIGIOUS  EXERCISE  OF  A  PERSON  RESIDING  IN  OR
 CONFINED  TO  AN  INSTITUTION  AS DEFINED IN SECTION ONE HUNDRED OF THIS
 ARTICLE, EVEN IF THE BURDEN RESULTS FROM A RULE OF  GENERAL  APPLICABIL-
 ITY, UNLESS THE GOVERNMENT DEMONSTRATES THAT IMPOSITION OF THE BURDEN ON
 THAT PERSON:
   (A) IS IN FURTHERANCE OF A COMPELLING INTEREST OF THE GOVERNMENT; AND
   (B)  IS  THE  LEAST  RESTRICTIVE  MEANS  OF FURTHERING SUCH COMPELLING
 INTEREST.
   2. THE PROVISIONS OF THIS SECTION SHALL APPLY IN ANY CASE IN WHICH:
   (A) THE SUBSTANTIAL BURDEN IS IMPOSED IN A PROGRAM  OR  ACTIVITY  THAT
 RECEIVES GOVERNMENT ASSISTANCE;
   (B) THE SUBSTANTIAL BURDEN AFFECTS, OR THE REMOVAL OF THAT SUBSTANTIAL
 BURDEN  WOULD  AFFECT, COMMERCE WITH FOREIGN NATIONS, WITH ANOTHER STATE
 OR MUNICIPAL CORPORATION, OR WITH NATIVE AMERICAN TRIBES.
   § 103. GOVERNMENT DISCRETION IN ALLEVIATING BURDENS ON RELIGIOUS EXER-
 CISE. A GOVERNMENT MAY AVOID THE PREEMPTIVE FORCE OF  ANY  PROVISION  OF
 THIS  CHAPTER  BY  CHANGING  THE  POLICY  OR  PRACTICE THAT RESULTS IN A
 SUBSTANTIAL BURDEN ON RELIGIOUS EXERCISE, BY  RETAINING  THE  POLICY  OR
 PRACTICE AND EXEMPTING THE SUBSTANTIALLY BURDENED RELIGIOUS EXERCISE, BY
 PROVIDING  EXEMPTIONS  FROM THE POLICY OR PRACTICE FOR APPLICATIONS THAT
 SUBSTANTIALLY BURDEN RELIGIOUS EXERCISE, OR  BY  ANY  OTHER  MEANS  THAT
 ELIMINATES THE SUBSTANTIAL BURDEN.
   § 104. JUDICIAL RELIEF. 1. (A) A PERSON MAY ASSERT A VIOLATION OF THIS
 ARTICLE AS A CLAIM OR DEFENSE IN A JUDICIAL PROCEEDING AND OBTAIN APPRO-
 PRIATE RELIEF AGAINST A GOVERNMENT.  JURISDICTION AND STANDING TO ASSERT
 A  CLAIM  OR DEFENSE UNDER THIS ARTICLE SHALL BE GOVERNED BY THE GENERAL
 RULES OF JURISDICTION AND STANDING UNDER NEW YORK LAW.
   (B) THE ATTORNEY GENERAL MAY BRING AN ACTION FOR INJUNCTIVE OR DECLAR-
 ATORY RELIEF TO ENFORCE COMPLIANCE WITH THIS ARTICLE.  NOTHING  IN  THIS
 ARTICLE  SHALL  BE  CONSTRUED  TO  DENY, IMPAIR, OR OTHERWISE AFFECT ANY
 RIGHT OR AUTHORITY OF THE ATTORNEY GENERAL OR OF ANY AGENCY, OFFICER, OR
 EMPLOYEE OF THE STATE, ACTING UNDER ANY LAW OTHER THAN THIS ARTICLE,  TO
 INSTITUTE OR INTERVENE IN ANY PROCEEDING.
 A. 183                              4
 
   (C)  AN  ACTION  MAY BE BROUGHT AS PROVIDED IN PARAGRAPH (A) OR (B) OF
 THIS SUBDIVISION AS SOON AS ANY FINAL GOVERNMENT ACTION OCCURS.
   2.  IF  A  PLAINTIFF  PRODUCES PRIMA FACIE EVIDENCE TO SUPPORT A CLAIM
 ALLEGING A VIOLATION OF THIS ARTICLE,  THE  GOVERNMENT  SHALL  BEAR  THE
 BURDEN OF PERSUASION ON ANY ELEMENT OF THE CLAIM, EXCEPT THAT THE PLAIN-
 TIFF SHALL BEAR THE BURDEN OF PERSUASION ON WHETHER THE LAW (INCLUDING A
 REGULATION)  OR  GOVERNMENT  PRACTICE  THAT  IS  CHALLENGED BY THE CLAIM
 SUBSTANTIALLY BURDENS THE PLAINTIFF'S EXERCISE OF RELIGION.
   3. THE COURT, IN ITS DISCRETION AND IN AN APPROPRIATE CASE, MAY  AWARD
 ACTUAL DAMAGES AND REASONABLE ATTORNEY'S FEES TO A PREVAILING CLAIMANT.
   4.  IF  THE ONLY JURISDICTIONAL BASIS FOR APPLYING A PROVISION OF THIS
 ARTICLE IS A CLAIM THAT A SUBSTANTIAL BURDEN BY A  GOVERNMENT  ON  RELI-
 GIOUS EXERCISE AFFECTS, OR THAT REMOVAL OF THAT SUBSTANTIAL BURDEN WOULD
 AFFECT, COMMERCE WITH FOREIGN NATIONS, ANOTHER STATE OR MUNICIPAL CORPO-
 RATION, OR WITH NATIVE AMERICAN TRIBES, THE PROVISION SHALL NOT APPLY IF
 THE  GOVERNMENT  DEMONSTRATES  THAT  ALL  SUBSTANTIAL BURDENS ON, OR THE
 REMOVAL OF ALL SUBSTANTIAL  BURDENS  FROM,  SIMILAR  RELIGIOUS  EXERCISE
 THROUGHOUT  THE  STATE  WOULD NOT LEAD IN THE AGGREGATE TO A SUBSTANTIAL
 EFFECT ON COMMERCE WITH FOREIGN NATIONS, ANOTHER STATE, OR  WITH  NATIVE
 AMERICAN TRIBES.
   § 105. RULES OF CONSTRUCTION. NOTHING IN THIS ARTICLE SHALL:
   1.  BE  CONSTRUED  TO AUTHORIZE ANY GOVERNMENT TO BURDEN ANY RELIGIOUS
 BELIEF.
   2. CREATE ANY BASIS FOR RESTRICTING OR BURDENING RELIGIOUS EXERCISE OR
 FOR CLAIMS AGAINST A RELIGIOUS ORGANIZATION, INCLUDING  ANY  RELIGIOUSLY
 AFFILIATED SCHOOL OR UNIVERSITY, NOT ACTING UNDER COLOR OF LAW.
   3. CREATE OR PRECLUDE A RIGHT OF ANY RELIGIOUS ORGANIZATION TO RECEIVE
 FUNDING OR OTHER ASSISTANCE FROM A GOVERNMENT OR THE FEDERAL GOVERNMENT,
 OR OF ANY PERSON TO RECEIVE GOVERNMENT FUNDING FOR A RELIGIOUS ACTIVITY;
 PROVIDED,  HOWEVER,  THAT A GOVERNMENT MAY BE REQUIRED TO INCUR EXPENSES
 IN ITS OWN OPERATIONS TO AVOID IMPOSING A SUBSTANTIAL  BURDEN  ON  RELI-
 GIOUS EXERCISE.
   4. AUTHORIZE A GOVERNMENT TO REGULATE OR AFFECT, DIRECTLY OR INDIRECT-
 LY,  THE ACTIVITIES OR POLICIES OF A PERSON OTHER THAN A GOVERNMENT AS A
 CONDITION OF RECEIVING FUNDING OR  OTHER  ASSISTANCE,  OR  RESTRICT  ANY
 AUTHORITY  THAT  MAY EXIST UNDER OTHER LAW TO SO REGULATE OR AFFECT SUCH
 ACTIVITIES OR POLICIES, EXCEPT AS PROVIDED IN THIS ARTICLE.
   5. WITH RESPECT TO A CLAIM BROUGHT UNDER THIS CHAPTER, BE CONSTRUED AS
 PROOF THAT  A  SUBSTANTIAL  BURDEN  ON  A  PERSON'S  RELIGIOUS  EXERCISE
 AFFECTS,  OR  REMOVAL OF THAT BURDEN WOULD AFFECT, COMMERCE WITH FOREIGN
 NATIONS, ANOTHER STATE, OR WITH NATIVE AMERICAN TRIBES, SHALL NOT ESTAB-
 LISH ANY INFERENCE OR PRESUMPTION THAT THE LEGISLATURE INTENDS THAT  ANY
 RELIGIOUS  EXERCISE  IS,  OR  IS NOT, SUBJECT TO ANY LAW OTHER THAN THIS
 ARTICLE.
   6.  BE  CONSTRUED  TO  RESTRICT,  NEGATE  OR  OTHERWISE   WEAKEN   ANY
 PROTECTIONS  AFFORDED UNDER THE RELIGIOUS LAND USE AND INSTITUTIONALIZED
 PERSONS ACT OF 2000 (RLUIPA), 42 U.S.C. §§ 2000CC, ET SEQ.
   7. PREEMPT ANY OTHER STATE LAW THAT IS EQUALLY AS PROTECTIVE OF  RELI-
 GIOUS  EXERCISE  AS, OR MORE PROTECTIVE OF RELIGIOUS EXERCISE THAN, THIS
 ARTICLE.
   § 106. BROAD CONSTRUCTION. THIS ARTICLE SHALL BE CONSTRUED IN FAVOR OF
 A BROAD PROTECTION OF RELIGIOUS EXERCISE, TO THE MAXIMUM EXTENT  PERMIT-
 TED  BY  THE TERMS OF THIS ARTICLE, THE CONSTITUTION OF THE STATE OF NEW
 YORK AND THE CONSTITUTION OF THE UNITED STATES.
   § 107. SEVERABILITY. IF ANY CLAUSE, SENTENCE,  PARAGRAPH,  SECTION  OR
 PART  OF THIS ARTICLE SHALL BE ADJUDGED BY ANY COURT OF COMPETENT JURIS-
 A. 183                              5
 
 DICTION TO BE INVALID AND  AFTER  EXHAUSTION  OF  ALL  FURTHER  JUDICIAL
 REVIEW,  THE JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALIDATE THE REMAIN-
 DER THEREOF, BUT SHALL BE CONFINED  IN  ITS  OPERATION  TO  THE  CLAUSE,
 SENTENCE,  PARAGRAPH,  SECTION OR PART OF THIS ARTICLE DIRECTLY INVOLVED
 IN THE CONTROVERSY IN WHICH THE JUDGMENT SHALL HAVE BEEN RENDERED.
   § 4. This act shall take effect immediately.