UNOFFICIAL COPY 23 RS BR 947
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AN ACT relating to restoring religious liberty. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
ď˘Section 1. KRS 446.350 is amended to read as follows: 3
(1) As used in this section: 4
(a) "Government" means the Commonwealth or any of its political 5
subdivisions and includes: 6
1. Any administrative organization of the Commonwealth described in 7
KRS 12.020; and 8
2. Any person acting under color of state law or suing under or 9
attempting to enforce a law, rule, policy, or administrative regulation 10
adopted by the Commonwealth or any of its political subdivisions; and 11
(b) "Substantially burden" means any action that directly or indirectly 12
constrains, inhibits, curtails, or denies the exercise of religion by any person 13
or compels any action contrary to a person's exercise of religion, including 14
but not limited to: 15
1. Withholding benefits; 16
2. Assessing criminal, civil, or administrative penalties; or 17
3. Excluding from governmental programs or access to governmental 18
facilities. 19
(2) Government shall not substantially burden a person's freedom of religion. The right 20
to act or refuse to act in a manner motivated by a sincerely held religious belief may 21
not be substantially burdened unless the government proves by clear and 22
convincing evidence that it has a compelling governmental interest in infringing the 23
specific act or refusal to act and has used the least restrictive means to further that 24
interest.[ A "burden" shall include indirect burdens such as withholding benefits, 25
assessing penalties, or an exclusion from programs or access to facilities.] 26
(3) A person whose religious exercise has been substantially burdened in violation of 27 UNOFFICIAL COPY 23 RS BR 947
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this section may assert that violation as a claim or defense in a judicial or 1
administrative proceeding, regardless of whether this Commonwealth or one of 2
its political subdivisions is a party to the proceeding, and obtain appropriate 3
relief, including relief against the Commonwealth or its political subdivisions. 4
Appropriate relief shall include but is not limited to: 5
(a) Injunctive relief; 6
(b) Declaratory relief; 7
(c) Compensatory damages; 8
(d) Costs; and 9
(e) Attorney's fees. 10
(4) This statute applies to all state and local laws, administrative regulations, and 11
ordinances and the implementation of those laws, administrative regulations, and 12
ordinances, whether statutory or otherwise, and whether adopted before or after 13
the effective date of this Act. State laws enacted after the effective date of this Act 14
are subject to this section unless this statute is explicitly excluded. This section 15
shall not be construed to authorize any government to burden any religious 16
belief. 17
(5) If any provision of this section or the application thereof to any person or 18
circumstance is held invalid, the invalidity shall not affect other provisions or 19
applications of the section that can be given effect without the invalid provision 20
or application, and to this end the provisions of this section are severable. 21
(6) Sovereign, governmental, and qualified immunity are waived to the extent of 22
liability created under this section. 23