Louisiana Revised Statutes 13:5238 – Notice
Terms Used In Louisiana Revised Statutes 13:5238
- Burden: means that the government, directly or indirectly, does any of the following:
(a) Constrains or inhibits conduct or expression mandated by a person's sincerely held religious tenet or belief. See Louisiana Revised Statutes 13:5234
- Counterclaim: A claim that a defendant makes against a plaintiff.
- Exercise of religion: means the practice or observance of religion under Article 1, Section 8, of the Constitution of Louisiana and the First Amendment of the Constitution of the United States of America and includes the ability to act or refuse to act in a manner substantially motivated by a sincerely-held religious belief, whether or not the exercise is compulsory or a central part or central requirement of the person's religious belief. See Louisiana Revised Statutes 13:5234
- governmental agency: means any of the following:
(a) Any board, commission, court, department, agency, special district, authority, or other entity of the state. See Louisiana Revised Statutes 13:5234
- person: includes an individual and also includes a church, association of churches or other religious order, body or institution which qualifies for exemption from taxation under Section 501(c)(3) or (d) of the Internal Revenue Code of 1986 (Public law 99-514, Louisiana Revised Statutes 13:5234
A. A person shall not bring an action in court to assert a claim under this Part unless, at least thirty days prior to bringing the action, the person gives written notice to the person burdening their free exercise, and any governmental agency authorizing such act, by certified mail, return receipt requested, informing the person and the agency of all of the following:
(1) The person’s free exercise of religion is being, has been, or is about to be substantially burdened by an exercise of the authority of the governmental agency.
(2) A description of the act or refusal to act which is burdening, has burdened or is about to burden the person’s free exercise of religion.
(3) The manner in which the exercise of the governmental authority burdens the person’s free exercise of religion.
B. Notwithstanding the requirements of Subsection A of this Section, a person may bring an action in court without providing the notice required by Subsection A of this Section if any of the following occur:
(1) The exercise of governmental authority which threatens to substantially burden the person’s free exercise of religion is imminent.
(2) The person was not informed and did not otherwise have knowledge of the exercise of the governmental authority in time to reasonably provide notice.
(3) The provision of the notice would delay an action to the extent that the action would be dismissed as untimely.
(4) The claim is asserted as a counterclaim, objection, or defense in a pending proceeding.
Acts 2010, No. 793, §1.