State legislators in Indiana introduced legislative to fix the religious freedom law they passed last week. Read the proposed legislation below:
CONFERENCE COMMITTEE REPORT DIGEST FOR ESB 50
Citations Affected: 1C 34-13-9.
Synopsis: Antidiscrimination safeguards. Indicates that the law related to adjudicating a claim or defense that a state or local law, ordinance, or other action substantially burdens the exercise of religion of a person: (1) does not authorize a provider to refuse to offer or provide services,
facilities, use of public accommodations, goods, employment, or housing to any member or members of the general public; (2) does not establish a defense to a civil action or criminal
prosecution for refusal by a provider to offer or provide services, facilities, use of public accommodations, goods, employment, or housing to any member or members of the general
public; and (3) does not negate any rights available under the Constitution of the State of Indiana.
Defines the term provider. (This conference committee report deletes the provisions concerning elections in SB 50, as amended by the house, and inserts provisions related to
the law governing adjudicating a claim or defense that a state or local law, ordinance, or other action substantially burdens the exercise of religion of a person.)
Effective: July 1,2015.
CC005005/DI51 2015
CONFERENCE COMMITTEE REPORT
MADAM PRESIDENT:
Your Conference Committee appointed to confer with a like committee from the House upon Engrossed House Amendments to Engrossed Senate Bill No. 50 respectfully reports that said two committees have conferred and agreed as follows to wit:
that the Senate recede fi-om its dissent from all House amendments and that
the Senate now concur m aU House amendments to the bUl and that the bill
be further amended as follows:
1 Delete the title and insert the following:
2 A BILL FOR AN ACT to amend the Indiana Code concerning
3 judicial and administrative proceedings.
4 Delete everything after the enacting clause and insert the following:
5 SECTION 1.IC34-13-9-0.7IS ADDED TO THE INDIANA CODE
6 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
7 1,2015]: Sec. 0.7. This chapter does not:
8 (1) authorize a provider to refuse to offer or provide services,
9 facilities, use of public accommodations, goods, employment,
10 or housing to any member or members of the general public
11 on the basis of race, color, religion, ancestry, age, national
12 origin, disability, sex, sexual orientation, gender identity, or
13 United States military service;
14 (2) establish a defense to a civil action or criminal prosecution
15 for refusal by a provider to offer or provide services, facilities,
16 use of public accommodations, goods, employment, or housing
17 to any member or members of the general public on the basis
18 of race, color, religion, ancestry, age, national origin,
19 disability, sex, sexual orientation, gender identity, or United
20 States military service; or
21 (3) negate any rights available under the Constitution of the
CC005005/DI51
2015
1 2 3 4 5 6 7 8 9 10 11 12
13 14 15 16 17
State of Indiana.
SECTION 2.1C 34-13-9-7.5 IS ADDED TO THE DST
INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1,2015]:
See. 7.5. As used in this chapter, “provider” means one (1) or more individuals, partnerships, associations, organizations,
limited liability companies, corporations, and other organized
groups of persons. The term does not include:
(1) A church or other nonprofit religious organization or society, including an affiliated school, that is exempt from
federal income taxation under 26 U.S.C. 501 (a), as amended
(excluding any activity that generates unrelated business
taxable income (as defined in 26 U.S.C. 512, as amended)).
(2) A rabbi, priest, preacher, minister, pastor, or designee of a church or other nonprofit religious organization or society when the individual is engaged in a religious or affiliated educational function of the church or other nonprofit religious organization or society.
(Reference is to ESB 50 as reprinted March 17,2015.) ;^