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2007 SESSION

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HB 3082 Religious freedom; reiterates an individual's freedom of religion.

Introduced by: L. Scott Lingamfelter | all patrons    ...    notes | add to my profiles | history

SUMMARY AS ENACTED WITH GOVERNOR'S RECOMMENDATION:

Religious freedom. Reiterates an individual's freedom of religion and prohibits a government entity from unduly burdening such right. The bill provides a cause of action for declaratory or injunctive relief for violation. A person prevailing in such an action may recover reasonable costs and attorney fees, but not monetary damages. A petition for appeal to the Court of Appeals may be made from any decision to grant or deny declaratory and injunctive relief. The provisions of the bill shall not prevent any governmental institution or facility from maintaining health, safety, security, or discipline. The bill does not apply to the Department of Corrections, the Department of Juvenile Justice, any facility of the Department of Mental Health, Mental Retardation and Substance Abuse Services that treats civilly committed sexually violent predators, or any local, regional or federal correctional facility.

SUMMARY AS PASSED:

Religious freedom.  Reiterates an individual's freedom of religion and prohibits a government entity from unduly burdening such right. The bill provides a cause of action for declaratory or injunctive relief for violation. A person prevailing in such an action may recover reasonable costs and attorney fees, but not monetary damages. A petition for appeal to the Court of Appeals may be made from any decision to grant or deny declaratory and injunctive relief. The provisions of the bill do not apply to persons incarcerated in correctional facilities or sexually violent predators who have been civilly committed.

SUMMARY AS INTRODUCED:

Religious freedom.  Reiterates an individual's freedom of religion and prohibits a government entity from unduly burdening such right. The bill provides a cause of action for declaratory or injunctive relief for violation.