UNOFFICIAL COPY 25 RS BR 34
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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 action" means the implementation or application of any law, 5
including but not limited to state and local laws, ordinances, rules, 6
regulations, and policies, or other action by the Commonwealth or any 7
political subdivision of the Commonwealth, or any city, county, urban-8
county government, charter county government, consolidated local 9
government, unified local government, municipality, instrumentality, or 10
public official authorized by law in the Commonwealth; and 11
(b) 1. "Substantially burden" means the taking of any action that curtails or 12
denies the right to act or the right to refuse to act in a manner 13
motivated by a sincerely held religious belief; and 14
2. As used in this subsection, "action" includes but is not limited to: 15
a. Withholding benefits; 16
b. Assessing criminal, civil, or administrative penalties; or 17
c. Excluding from governmental programs or access to 18
governmental facilities. 19
(2) Government action shall not substantially burden a person's freedom of religion. 20
The right to act or refuse to act in a manner motivated by a sincerely held religious 21
belief may not be substantially burdened unless it is proven[the government proves] 22
by clear and convincing evidence that the government[it] has: 23
(a) A compelling governmental interest in infringing the specific act or refusal to 24
act; and[ has] 25
(b) Used the least restrictive means to further that interest[. A "burden" shall 26
include indirect burdens such as withholding benefits, assessing penalties, or 27 UNOFFICIAL COPY 25 RS BR 34
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an exclusion from programs or access to facilities]. 1
(3) Except as provided in subsection (4) of this section, a person whose religious 2
exercise has been substantially burdened in violation of this section may assert 3
that violation as a claim or defense in a judicial or administrative proceeding and 4
obtain appropriate relief, which 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 government action whether adopted before or after the 11
effective date of this Act. State laws enacted after the effective date of this Act are 12
subject to this section unless this statute is explicitly excluded. This section shall 13
not be construed to authorize any government action to burden any religious 14
belief. 15
(5) If any provision of this section or its application to any person or circumstance is 16
held invalid, the invalidity shall not affect other provisions or applications of the 17
section that can be given effect without the invalid provision or application, and 18
to this end the provisions of this section are severable. 19
(6) Sovereign and governmental immunity are waived to the extent of liability created 20
under this section. 21