Protecting religious assembly in states of emergency act.

24LSO-0529
2024
STATE OF WYOMING
24LSO-0529
Numbered
2.0

HOUSE BILL NO. HB0150

Protecting religious assembly in states of emergency act.

Sponsored by: Representative(s) Smith and Brown and Senator(s) Brennan and Hutchings

A BILL

for

AN ACT relating to public health and safety; requiring rules enacted during public health emergencies to provide exemptions for religious assembly as specified; providing for enforcement and remedies; authorizing a cause of action; providing exceptions to the Wyoming Governmental Claims Act; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 35
‑
4
‑
116 is created to read:

35
‑
4
‑
116.

Public health emergencies; religious assembly exemptions.

(a)

For any order, rule, regulation, policy or directive issued during a public health emergency as defined by W.S. 35
‑
4
‑
115(a)(i) that requires the closure of or otherwise limits a business or facility from remaining open and that exempts, in whole or in part, any business or entity from those closure requirements or limitations, the order, rule, regulation, policy or directive shall provide the same exemption to:

(i)

Any place of worship qualifying as an exempt organization for religious purposes under section 501(c)(3) of the federal Internal Revenue Code;

(ii)

Churches, their integrated auxiliaries and conventions or associations of churches;

(iii)

Any gathering for religious assembly in any place otherwise open for religious assembly, including those taking place in private residences and public places.

(b)

This section shall be construed to afford to religious institutions, places of worship and religious assemblies the same degree of freedom to meet during public health emergencies as is afforded to any entity that is exempted from closure requirements implemented during a public health emergency.

(c)

Any person aggrieved by a violation of this section may bring a civil action for relief in any court of competent jurisdiction. A court may, for an act or practice that violates this section:

(i)

Award damages, costs and attorney fees;

(ii)

Issue a declaratory judgment for or enjoin an act or practice that violates this section;

(iii)

Award exemplary or punitive damages, if the act or practice that violates this section was wanton or was committed maliciously.

Section 2.

W.S. 1
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39
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104(a), 1
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39
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118(d) and 1
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42
‑
202(f) are amended to read:

1
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39
‑
104.

Granting immunity from tort liability; liability on contracts; exceptions.

(a)

A governmental entity and its public employees while acting within the scope of duties are granted immunity from liability for any tort except as provided by W.S. 1
‑
39
‑
105 through 1
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39
‑
112
and 35
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4
‑
116
. Any immunity in actions based on a contract entered into by a governmental entity is waived except to the extent provided by the contract if the contract was within the powers granted to the entity and was properly executed and except as provided in W.S. 1
‑
39
‑
120(b). The claims procedures of W.S. 1
‑
39
‑
113 apply to contractual claims against governmental entities.

1
‑
39
‑
118.

Maximum liability; insurance authorized.

(d)

Except as provided by W.S. 35
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4
‑
116, n
o judgment against a governmental entity shall include an award for exemplary or punitive damages, for interest prior to judgments or for attorney's fees.

1
‑
42
‑
202.

Local government self
‑
insurance program; creation; authorized payments.

(f)

Notwithstanding any other provision of this act
and except as provided by W.S. 35
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4
‑
116
, no expenditure shall be made from the program in any action to pay any claim or final judgment for exemplary or punitive damages.

Section 3
.

This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

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HB0150