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91_HB3924
LRB9112252WHcs
1 AN ACT to amend the Religious Freedom Restoration Act by
2 changing Section 25.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Religious Freedom Restoration Act is
6 amended by changing Section 25 as follows:
7 (775 ILCS 35/25)
8 Sec. 25. Application of Act; home rule powers.
9 (a) This Act applies to all State and local (including
10 home rule unit) laws, ordinances, policies, procedures,
11 practices, and governmental actions and their
12 implementation, whether statutory or otherwise and whether
13 adopted before or after the effective date of this Act.
14 (b) Nothing in this Act shall be construed to authorize
15 a government to burden any religious belief.
16 (c) Nothing in this Act shall be construed to affect,
17 interpret, or in any way address any of the following: (i)
18 that portion of the First Amendment of the United States
19 Constitution prohibiting laws respecting the establishment of
20 religion, (ii) the second sentence of Article I, Section 3 of
21 the Illinois Constitution, or (iii) Article X, Section 3 of
22 the Illinois Constitution. Granting government funding,
23 benefits, or exemptions, to the extent permissible under the
24 3 constitutional provisions described in items (i), (ii), and
25 (iii) of this subsection, does not constitute a violation of
26 this Act. In this subsection (c), "granting", used with
27 respect to government funding, benefits, or exemptions, does
28 not include the denial of government funding, benefits, or
29 exemptions.
30 (d) The corporate authorities of a municipality or other
31 unit of local government may enact ordinances, standards,
-2- LRB9112252WHcs
1 rules, or regulations that protect the free exercise of
2 religion in a manner or to an extent equal to or greater than
3 the protection provided in this Act. If an ordinance,
4 standard, rule, or regulation enacted under the authority of
5 this Section or under the authority of a unit of local
6 government's home rule powers prohibits, restricts, narrows,
7 or burdens a person's exercise of religion or permits the
8 prohibition, restriction, narrowing, or burdening of a
9 person's exercise of religion, that ordinance, standard,
10 rule, or regulation is void and unenforceable as to that
11 person if it (i) is not in furtherance of a compelling
12 governmental interest and (ii) is not the least restrictive
13 means of furthering that governmental interest. This
14 subsection is a limitation under subsection (i) of Section 6
15 of Article VII of the Illinois Constitution on the concurrent
16 exercise by home rule units of powers and functions exercised
17 by the State.
18 (Source: P.A. 90-806, eff. 12-2-98.)