| 1 | 1 | | |
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| 2 | 2 | | EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted |
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| 3 | 3 | | and is intended to be omitted in the law. |
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| 4 | 4 | | FIRST REGULAR SESSION |
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| 5 | 5 | | SENATE BILL NO. 418 |
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| 6 | 6 | | 103RD GENERAL ASSEMBLY |
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| 7 | 7 | | INTRODUCED BY SENATOR CARTER. |
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| 8 | 8 | | 0079S.01I KRISTINA MARTIN, Secretary |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | To repeal section 1.302, RSMo, and to enact in lieu thereof one new section relating to closures of |
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| 11 | 11 | | places of worship. |
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| 12 | 12 | | |
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| 13 | 13 | | Be it enacted by the General Assembly of the State of Missouri, as follows: |
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| 14 | 14 | | Section A. Section 1.302, RSMo, is repealed and one new 1 |
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| 15 | 15 | | section enacted in lieu thereof, to be known as section 1.302, 2 |
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| 16 | 16 | | to read as follows:3 |
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| 17 | 17 | | 1.302. 1. A governmental authority may not restrict a 1 |
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| 18 | 18 | | person's free exercise of religion, unless: 2 |
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| 19 | 19 | | (1) The restriction is in the form of a rule of 3 |
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| 20 | 20 | | general applicability, and does not discriminate against 4 |
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| 21 | 21 | | religion, or among religions; and 5 |
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| 22 | 22 | | (2) The governmental authority de monstrates that 6 |
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| 23 | 23 | | application of the restriction to the person is essential to 7 |
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| 24 | 24 | | further a compelling governmental interest, and is not 8 |
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| 25 | 25 | | unduly restrictive considering the relevant circumstances. 9 |
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| 26 | 26 | | 2. Any law, order, rule, or regulation issued by any 10 |
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| 27 | 27 | | governmental authority pursuant to an emergency or a health 11 |
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| 28 | 28 | | or safety determination that requires closure or limitation 12 |
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| 29 | 29 | | of any place of worship shall be considered unduly 13 |
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| 30 | 30 | | restrictive even if the law, order, rule, or regulation is 14 |
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| 31 | 31 | | in the form of general a pplicability. 15 |
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| 32 | 32 | | 3. As used in this section, the following terms mean: 16 |
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| 33 | 33 | | (1) "Exercise of religion" [shall be defined as], an 17 |
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| 34 | 34 | | act or refusal to act that is substantially motivated by 18 SB 418 2 |
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| 35 | 35 | | religious belief, whether or not the religious exercise is 19 |
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| 36 | 36 | | compulsory or central to a larger system of religious 20 |
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| 37 | 37 | | belief[. 21 |
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| 38 | 38 | | 3. As used in this section ]; 22 |
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| 39 | 39 | | (2) "Demonstrates" [means], meets the burden of going 23 |
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| 40 | 40 | | forward with the evidence and of persuasion ; 24 |
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| 41 | 41 | | (3) "Place of worship", a building or grounds whe re 25 |
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| 42 | 42 | | religious activities are conducted and is operated by an 26 |
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| 43 | 43 | | organization that qualifies for the religious exemption 27 |
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| 44 | 44 | | under 26 U.S.C. Section 501(c)(3), as amended . 28 |
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| 45 | 45 | | |
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