Religious Freedom Restoration Act. | 25LSO-0267, 1.0 |
FISCAL NOTE
The fiscal impact to the judicial system is indeterminable due to an unknown number of cases.
Prepared by: Polly Scott, LSO Phone: 777-7881
(Information provided by Steve Winders, Attorney General's Office, 777-7840; Claire Smith, Supreme Court, 777-7502; Rory Horsley, Dept. of Administration & Information, 777-5010)
HB0207
ORIGINAL House ENGROSSED
Bill No. HB0207
ENROLLED ACT NO. 66, HOUSE OF REPRESENTATIVES
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 General Session
AN ACT relating to religious freedom; creating the Religious Freedom Restoration Act; providing definitions; limiting specified governmental actions that burden religious freedom; authorizing claims and defenses against governmental action that burden religious freedom; providing exceptions; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1. W.S. 9‑25‑101 through 9‑25‑104 are created to read:
CHAPTER 25
RELIGIOUS FREEDOM
ARTICLE 1
RELIGIOUS FREEDOM RESTORATION ACT
9‑25‑101. Religious Freedom Restoration Act; short title.
This act shall be known and may be cited as the \"Wyoming Religious Freedom Restoration Act.\"
9‑25‑102. Definitions.
(a) As used in this act:
(i) \"Burden\" means any action that, either directly or indirectly, constrains, inhibits, curtails or denies the exercise of religion including, but not limited to:
(A) Withholding of benefits;
(B) Assessing criminal, civil or administrative penalties;
(C) Exclusion from governmental programs; or
(D) Denial of access to governmental facilities.
(ii) \"Compelling governmental interest\" means a governmental interest of the highest order that cannot otherwise be achieved without burdening the exercise of religion;
(iii) \"Exercise of religion\" means the practice or observance of religion, including an act or refusal to act, that is substantially motivated by a sincerely held religious belief, whether or not compelled by or central to a system of religious belief;
(iv) \"Person\" means any natural person, association, partnership, corporation, religious institution or other legal entity;
(v) \"State action\" means the implementation or application of any law, including but not limited to state and local laws, ordinances, rules, regulations and policies, whether statutory or otherwise, or action by the state or a political subdivision, local government, municipality, instrumentality or public official authorized by law in the state of Wyoming;
(vi) \"This act\" means W.S. 9‑25‑101 through 9‑25‑104.
9‑25‑103. Limitation on state action; exception.
(a) State action shall not substantially burden a person's right to the exercise of religion, even if the burden results from a rule of general applicability, unless it is demonstrated that applying the burden to that person's exercise of religion in that particular instance is:
(i) Essential to further a compelling governmental interest; and
(ii) The least restrictive means of furthering that compelling governmental interest.
(b) This act shall apply to all state and local laws, ordinances, rules, regulations and policies, and their implementation, whether statutory or otherwise and whether adopted before, on or after the effective date of this act.
9‑25‑104. Claims.
A person whose exercise of religion has been substantially burdened or is likely to be substantially burdened in violation of this act may assert the violation or impending violation as a claim or defense in a judicial or administrative proceeding, regardless of whether the state or one (1) of its political subdivisions is a party to the proceeding. The person asserting the claim or defense may obtain appropriate relief, including injunctive relief and declaratory relief.
Section 2. This act is effective July 1, 2025.
(END)
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Speaker of the House |
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| President of the Senate |
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| Governor |
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| TIME APPROVED: _________ |
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| DATE APPROVED: _________ |
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I hereby certify that this act originated in the House.
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Chief Clerk |
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HB0207 | Religious Freedom Restoration Act. |
Sponsored By: Representative(s) Washut, Banks, Heiner, Lawley, Locke, Neiman, Rodriguez-Williams and Williams and Senator(s) Boner, Crago, Hutchings, Kolb, Laursen, D, Salazar and Smith, D
AN ACT relating to religious freedom; creating the Religious Freedom Restoration Act; providing definitions; limiting specified governmental actions that burden religious freedom; authorizing claims and defenses against governmental action that burden religious freedom; providing exceptions; and providing for an effective date.
1/15/2025 Bill Number Assigned
1/16/2025 H Received for Introduction
1/17/2025 H Introduced and Referred to H01 - Judiciary
1/27/2025 H01 - Judiciary:Recommend Do Pass 8-1-0-0-0
ROLL CALL
Ayes: Representative(s) Brady, Bratten, Filer, Kelly, Lien, Singh, Washut, Webb
Nays: Representative Chestek
Ayes 8 Nays 1 Excused 0 Absent 0 Conflicts 0
1/27/2025 H Placed on General File
1/28/2025 H COW:Passed
1/29/2025 H 2nd Reading:Passed
1/30/2025 H 3rd Reading:Passed 57-3-2-0-0
ROLL CALL
Ayes: Representative(s) Allemand, Andrew, Angelos, Banks, Bear, Brady, Bratten, Brown, G, Brown, L, Byron, Campbell, E, Campbell, K, Clouston, Connolly, Davis, Eklund, Erickson, Filer, Geringer, Guggenmos, Haroldson, Harshman, Heiner, Hoeft, Jarvis, Johnson, Kelly, Knapp, Larsen, Lawley, Lien, Locke, Lucas, Mccann, Neiman, Nicholas, Ottman, Pendergraft, Posey, Rodriguez-Williams, Schmid, Sherwood, Singh, Smith, Strock, Styvar, Tarver, Thayer, Washut, Wasserburger, Webb, Webber, Wharff, Williams, Winter, Wylie, Yin
Nays: Representative(s) Chestek, Provenza, Storer
Excused: Representative(s) Larson, Riggins
Ayes 57 Nays 3 Excused 2 Absent 0 Conflicts 0
1/30/2025 S Received for Introduction
2/10/2025 S Introduced and Referred to S01 - Judiciary
2/21/2025 S01 - Judiciary:Recommend Amend and Do Pass 5-0-0-0-0
ROLL CALL
Ayes: Senator(s) Crago, Crum, Hicks, Kolb, Olsen
Ayes 5 Nays 0 Excused 0 Absent 0 Conflicts 0
2/21/2025 S Placed on General File
HB0207SS001/ADOPTED
Page 4-line 18 After \"shall not\" insert \"substantially\".
Page 5-line 14 After \"has been\" insert \"substantially\".
Page 5-line 15 After \"likely to be\" insert \"substantially\". Olsen, Chairman
HB0207SW001/ADOPTED
Page 1-line 10 Delete \"1-39-124 and\".
Page 1-line 13 Delete entirely.
Page 2-lines 1 and 2 Delete entirely.
Page 5-lines 21 and 22 Delete entirely.
Page 6-line 1 After \"injunctive relief\" delete \",\" and insert \"and\"; after \"declaratory relief\" delete \",\" and insert \".\"; delete \"compensatory\".
Page 6-line 2 Delete entirely. Crago
2/27/2025 S COW:Passed
2/28/2025 S 2nd Reading:Passed
3/3/2025 S 3rd Reading:Passed 28-3-0-0-0
ROLL CALL
Ayes: Senator(s) Anderson, Barlow, Biteman, Boner, Brennan, Cooper, Crago, Crum, Dockstader, Driskill, French, Hicks, Hutchings, Ide, Jones, Kolb, Landen, Laursen, Mckeown, Nethercott, Olsen, Pappas, Pearson, Salazar, Schuler, Scott, Smith, Steinmetz
Nays: Senator(s) Case, Gierau, Rothfuss
Ayes 28 Nays 3 Excused 0 Absent 0 Conflicts 0
3/3/2025 H Received for Concurrence
3/3/2025 H Concur:Passed 57-3-2-0-0
ROLL CALL
Ayes: Representative(s) Allemand, Andrew, Angelos, Banks, Bear, Brady, Bratten, Brown, G, Brown, L, Byron, Campbell, E, Campbell, K, Clouston, Connolly, Davis, Eklund, Erickson, Filer, Geringer, Guggenmos, Haroldson, Harshman, Heiner, Hoeft, Jarvis, Johnson, Kelly, Knapp, Larsen, Larson, Lawley, Lien, Locke, Lucas, Mccann, Neiman, Ottman, Pendergraft, Posey, Riggins, Rodriguez-Williams, Sherwood, Singh, Smith, Strock, Styvar, Tarver, Thayer, Washut, Wasserburger, Webb, Webber, Wharff, Williams, Winter, Wylie, Yin
Nays: Representative(s) Chestek, Provenza, Storer
Excused: Representative(s) Nicholas, Schmid
Ayes 57 Nays 3 Excused 2 Absent 0 Conflicts 0
3/3/2025 Assigned Number HEA No. 0066
3/4/2025 H Speaker Signed HEA No. 0066
3/4/2025 S President Signed HEA No. 0066
3/6/2025 Governor Signed HEA No. 0066
3/6/2025 Assigned Chapter Number 122
Chapter No. 122 Session Laws of Wyoming 2025
Bill No.: HB0207 Effective: 7/1/2025
LSO No.: 25LSO-0267
Enrolled Act No.: HEA No. 0066
Chapter No.: 122
Prime Sponsor: Washut
Catch Title: Religious Freedom Restoration Act.
Has Report: No
Subject: Government burden on religion.
Summary/Major Elements:
The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent. While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill. |