HF 1895

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/16/2023 01:41pm

A bill for an act
relating to state government; providing for religious protections during emergency
declarations; proposing coding for new law in Minnesota Statutes, chapter 144.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [144.091] RELIGIOUS PROTECTIONS DURING EMERGENCY
DECLARATION.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) The following terms have the meanings given for purposes
of this section.
new text end

new text begin (b) "Discriminatory action" means an action taken by the commissioner of health or
local health boards to:
new text end

new text begin (1) alter the tax treatment of, or cause any tax, penalty, or payment to be assessed against,
or deny, delay, revoke, or otherwise make unavailable an exemption from taxation;
new text end

new text begin (2) disallow, deny, or otherwise make unavailable a deduction for state tax purposes of
any charitable contribution made to or by a religious organization;
new text end

new text begin (3) impose, levy, or assess a monetary fine, fee, civil or criminal penalty, damages award,
or injunction; or
new text end

new text begin (4) withhold, reduce, exclude, terminate, materially alter the terms or conditions of, or
otherwise make unavailable or deny any:
new text end

new text begin (i) state grant, contract, subcontract, cooperative agreement, guarantee, loan, scholarship,
or other similar benefit from or to a religious organization;
new text end

new text begin (ii) entitlement or benefit under a state benefit program from or to a religious organization;
or
new text end

new text begin (iii) license, certification, accreditation, recognition, or other similar benefit, position,
or status from or to a religious organization.
new text end

new text begin (c) "Religious service" means a meeting, gathering, or assembly of two or more persons
organized by a religious organization for the purpose of worship, teaching, training, providing
educational services, or conducting religious rituals involving exercising the right to practice
religion.
new text end

new text begin Subd. 2. new text end

new text begin Prohibitions on limiting religious organizations. new text end

new text begin (a) The commissioner of
health and local health boards shall not prohibit or limit a religious organization from
continuing to operate or engage in religious services during a disaster emergency under
chapter 12.
new text end

new text begin (b) This section does not prevent the commissioner of health or local health boards from
requiring religious organizations to comply with neutral health, safety, or occupancy
requirements issued under state or federal law that are applicable to all organizations and
businesses.
new text end

new text begin (c) The commissioner of health or local health boards shall not enforce a health, safety,
or occupancy requirement under paragraph (b) that imposes a substantial burden on a
religious organization unless the commissioner of health or local health board demonstrates
that applying the requirement to the religious organization is essential to further a compelling
health or safety interest and is the least restrictive means of furthering the compelling health
or safety interest.
new text end

new text begin (d) The commissioner of health or local health boards shall not take discriminatory action
under this section against a religious organization wholly or partially on the basis that the
religious organization:
new text end

new text begin (1) is religious;
new text end

new text begin (2) operates or seeks to operate during a disaster emergency under chapter 12; or
new text end

new text begin (3) exercises the right to practice religion protected by the United States Constitution
and the Minnesota Constitution.
new text end

new text begin Subd. 3. new text end

new text begin Claim. new text end

new text begin (a) A religious organization may assert a violation of this section as a
claim against the commissioner of health or local health board in a judicial or administrative
proceeding or as a defense in a judicial or administrative proceeding.
new text end

new text begin (b) An action under this section may be commenced and relief may be granted in a
judicial proceeding without regard to whether the religious organization commencing the
action has sought or exhausted all administrative remedies.
new text end

new text begin (c) A religious organization that successfully asserts a claim or defense under this section
may recover:
new text end

new text begin (1) declaratory relief;
new text end

new text begin (2) injunctive relief to prevent or remedy a violation or the effect of a violation of this
section;
new text end

new text begin (3) compensatory damages for pecuniary and nonpecuniary losses;
new text end

new text begin (4) reasonable attorney fees and costs; and
new text end

new text begin (5) any other appropriate relief.
new text end

new text begin (d) A religious organization shall bring an action to assert a claim under this section no
later than two years after the date the religious organization knew or should have known
that a discriminatory action or other violation of this section was taken against the religious
organization.
new text end

new text begin Subd. 4. new text end

new text begin Government immunity waived. new text end

new text begin Sovereign, governmental, and qualified
immunities to suit and from liability are waived and abolished to the extent allowed under
law.
new text end

new text begin Subd. 5. new text end

new text begin Construction. new text end

new text begin This section shall be construed in favor of a broad protection
of the free exercise of religion. The protection of the free exercise of religion afforded under
this section is in addition to the protections provided under federal law, state law, the United
States Constitution, and the Minnesota Constitution.
new text end

new text begin Subd. 6. new text end

new text begin Interpretation; application of law. new text end

new text begin (a) This section does not preempt or repeal
any state or local law that is equally or more protective of the free exercise of religion. This
section does not narrow the meaning or application of any state or local law protecting the
free exercise of religion.
new text end

new text begin (b) This section applies to and in cases of conflict supersedes any statute that infringes
upon the free exercise of religion protected by this section, unless a conflicting statute is
expressly made exempt from the application of this section.
new text end

new text begin (c) This section applies to and in cases of conflict supersedes any ordinance, rule,
regulation, order, opinion, decision, practice, or other exercise of the governor's authority
that infringes upon the free exercise of religion protected under this section.
new text end

new text begin Subd. 7. new text end

new text begin Severability. new text end

new text begin If any provision or application of this section is held to be
unconstitutional, the remainder of this section shall remain effective notwithstanding the
provision or provisions held to be unconstitutional.
new text end