Text of KS HB 2384 (2012)

Session of 2011 HOUSE BILL No. 2384 By Committee on Federal and State Affairs 3-11 AN ACT concerning civil procedure; relating to exercise of religion. Be it enacted by the Legislature of the State of Kansas: Section 1. As used in the Kansas preservation of religious freedom act: (a) “Burden” means any government action that directly or indirectly constrains, inhibits, curtails or denies the exercise of religion by any person or compels any action contrary to a person's exercise of religion, and includes, but is not limited to, withholding benefits, assessing criminal, civil or administrative penalties, or exclusion from government programs or access to government facilities. (b) (1) "Compelling governmental interest" includes, but is not limited to: protecting the welfare of a child from all forms of cruelty, neglect, degradation and inhumanity. (2) "Compelling governmental interest" shall not include prohibition of a practice or policy of discrimination against individuals in employment relations, in access to free and public accommodations or in housing, except as set forth in K.S.A. 44-1001 et seq., and amendments thereto, and the laws and constitution of the United States. (c) “Exercise of religion” means the practice or observance of religion under section 7 of the bill of rights of the constitution of the state of Kansas and the first amendment to the constitution of the United States and includes the right to act or refuse to act in a manner substantially motivated by a sincerely-held religious tenant or belief, whether or not the exercise is compulsory or a central part or requirement of the person’s religious tenants or beliefs. (d) “Fraudulent claim” means a claim that is dishonest in fact or that is made principally for a patently improper purpose, such as to harass the opposing party. (e) “Government” includes the executive, legislative and judicial branches and any and all agencies, boards, commissions, departments, districts, authorities or other entities, subdivision or parts whatsoever of state and local government as well as any person acting under color of law. (f) “Person” means any legal person or entity under the laws of the state of Kansas and the laws of the United States. Sec. 2. (a) Government shall not substantially burden a person’s 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 HB 2384 2 exercise of religion even if the burden results from a rule of general applicability, unless such government demonstrates, by clear and convincing evidence, that application of the burden to the person: (1) Is in furtherance of a compelling governmental interest; and (2) is the least restrictive means of furthering that compelling governmental interest. (b) A person whose exercise of religion has been burdened, or is substantially likely to be burdened, in violation of this act, may assert such violation as a claim or defense in a judicial proceeding. A court may grant appropriate relief as may be necessary including: (1) Injunctive relief; (2) protective order; (3) writ of mandamus or prohibition; (4) declaratory relief; (5) actual damages; or (6) costs and attorney fees determined by the court. (c) Any person found by a court of competent jurisdiction to have abused the protection of this act by making a fraudulent claim may be enjoined from filing further claims under this act without leave of court. Sec. 3. (a) Nothing in this act shall be construed to: (1) Impair the fundamental right of every parent to control the care and custody of such parent's minor children, including, but not limited to, control over education, discipline, religious and moral instruction, health, medical care, welfare, place of habitation, counseling and psychological and emotional well-being of such minor children; (2) authorize any relationship, marital or otherwise, that would violate section 15 of article 15 of the constitution of the state of Kansas; (3) authorize the application or enforcement, in the courts of the state of Kansas, of any law, rule, code or legal system other than the laws of the state of Kansas and of the United States; (4) limit any religious organization from receiving any funding or other assistance from a government, or of any person to receive government funding for a religious activity to the extent permitted by the laws and constitution of the state of Kansas and of the United States; or (5) protect actions or decisions to end the life of any child, born or unborn. (b) This act applies to all government action including, but not limited to, all state and local laws, ordinances, rules, regulations and policies and to their implementation, whether enacted or adopted before, on or after the effective date of this act. (c) This act shall not apply to penological rules, regulations, conditions or policies which are established by a jail, correctional institution, juvenile detention facility or a facility supervising offenders in 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 HB 2384 3 the community that are reasonably related to the safety and security of incarcerated persons, staff, visitors, supervised offenders or the public; or to maintain good order and discipline in any jail, correctional institution, juvenile detention facility or a facility supervising offenders in the community. Sec. 4. Sections 1 through 3, and amendments thereto, shall be known as and may be cited as the Kansas preservation of religious freedom act. Sec. 5. This act shall take effect and be in force from and after its publication in the statute book. 1 2 3 4 5 6 7 8 9