CHAPTER 191
HB 542 - FINAL VERSION
9Apr2021... 0623h
05/27/2021 1712s
24Jun2021... 1964CofC
2021 SESSION
21-0726
05/08
HOUSE BILL 542
AN ACT relative to the protection of religious liberty.
SPONSORS: Rep. Ammon, Hills. 40; Rep. Kofalt, Hills. 4; Rep. O'Hara, Belk. 9
COMMITTEE: Judiciary
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AMENDED ANALYSIS
This bill provides that, during a state of emergency, the state shall permit religious organizations to operate to the same degree as other organizations that provide essential services or are vital to public health and welfare.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
9Apr2021... 0623h
05/27/2021 1712s
24Jun2021... 1964CofC 21-0726
05/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty One
AN ACT relative to the protection of religious liberty.
Be it Enacted by the Senate and House of Representatives in General Court convened:
191:1 Title. This act may be known and cited as the New Hampshire religious liberty act.
191:2 New Chapter; Protection of Religious Liberty. Amend RSA by inserting after chapter 546-B the following new chapter:
CHAPTER 546-C
PROTECTION OF RELIGIOUS LIBERTY
546-C:1 Definitions. In this chapter:
I. “Exercise of religion” means the practice or observance of religion. It includes, but is not limited to, any action that is motivated by a sincerely held religious belief, whether or not the exercise is compulsory or central to a larger system of religious belief.
II. “Religious organization” means:
(a) A house of worship, including but not limited to churches, synagogues, mosques, shrines, and temples;
(b) A religious group, corporation, association, educational institution, ministry, order, society, or similar entity, regardless of whether it is integrated or affiliated with a church or other house of worship; or
(c) An officer, owner, employee, manager, religious leader, clergy, or minister of an entity or organization described in this paragraph.
III. “Religious service” means a meeting, gathering, or assembly of 2 or more persons organized by a religious organization for the purpose of worship, teaching, training, providing educational services, conducting religious rituals, or other activities that are deemed necessary by the religious organization for the exercise of religion.
IV. “State government” means:
(a) The state or a political subdivision of the state;
(b) Any agency of the state or of a political subdivision of the state, including a department, bureau, board, commission, council, court, or public institution of higher education;
(c) Any person acting under color of state law; and
(d) Any private person suing under or attempting to enforce a law, rule, or regulation adopted by the state or a political subdivision of the state.
V. “Substantial burden” means any action that directly or indirectly constrains, inhibits, curtails, or denies the exercise of religion by any person or compels any action contrary to a person’s exercise of religion. It includes, but is not limited to, withholding benefits, assessing criminal, civil, or administrative penalties or damages, or exclusion from governmental programs or access to governmental facilities.
546-C:2 State of Emergency Protections.
I. Notwithstanding RSA 4:45 or any other provision of law to the contrary, during a state of emergency, the state government shall permit a religious organization to continue operating and to engage in religious services to the same or greater extent that other organizations or businesses that provide essential services that are necessary and vital to the health and welfare of the public are permitted to operate.
II. Nothing in this section shall prohibit the state government from requiring religious organizations to comply with neutral health, safety, or occupancy requirements issued by the state or federal government that are applicable to all organizations and businesses that provide essential services. Provided, however, that the state government shall not enforce any health, safety, or occupancy requirement that imposes a substantial burden on a religious service unless the state government demonstrates that applying the burden to the religious service in this particular instance is essential to further a compelling governmental interest and is the least restrictive means of furthering that compelling governmental interest.
III. A religious organization may assert a violation of this section as a claim against the state government in any judicial or administrative proceeding or as a defense in any judicial or administrative proceeding without regard to whether the proceeding is brought by or in the name of the state government, any private person, or any other party.
IV. Any religious organization that successfully asserts a claim or defense under this section may recover appropriate relief including, but not limited to, injunctive relief, declaratory relief, compensatory damages, and costs and attorney fees.
191:3 Effective Date. This act shall take effect 60 days after its passage.
Approved: August 10, 2021
Effective Date: October 09, 2021
| Date | Body | Type |
|---|---|---|
| March 5, 2021 | House | Hearing |
| March 10, 2021 | House | Exec Session |
| House | Floor Vote | |
| May 11, 2021 | Senate | Hearing |
| May 27, 2021 | Senate | Floor Vote |
| June 24, 2021 | Senate | Floor Vote |
| June 24, 2021 | Senate | Floor Vote |
| June 24, 2021 | Senate | Floor Vote |
| June 24, 2021 | House | Floor Vote |
| June 24, 2021 | House | Floor Vote |
| May 11, 2021 | Senate | Hearing |
| May 27, 2021 | Senate | Floor Vote |
| June 24, 2021 | Senate | Floor Vote |
| June 24, 2021 | Senate | Floor Vote |
| June 24, 2021 | House | Floor Vote |
Aug. 10, 2021: Signed by Governor Sununu 08/10/2021; Chapter 191; Eff: 10/09/2021
Aug. 16, 2021: Signed by Governor Sununu 08/10/2021; Chapter 191; Eff: 10/09/2021
June 24, 2021: Enrolled (in recess of) 06/24/2021
July 23, 2021: Enrolled (in recess of) 06/24/2021
July 21, 2021: Enrolled Adopted, VV, (In recess 06/24/2021); SJ 20
June 24, 2021: Enrolled Adopted, VV, (In recess 06/24/2021); SJ 20
June 24, 2021: Conference Committee Report 2021-1964c: Adopted, RC 205-158 06/24/2021
June 24, 2021: Conference Committee Report 2021-1964c: Adopted, RC 205-158 06/24/2021
: Conference Report 2021-1964c Adopted RC 205-158 06/24/2021
June 24, 2021: Conference Committee Report # 2021-1964c; RC 14Y-10N, Adopted; 06/24/2021; SJ 20
June 24, 2021: Conference Committee Report # 2021-1964c; RC 14Y-10N, Adopted; 06/24/2021; SJ 20
June 24, 2021: Conference Committee Report Filed, # 2021-1964c; 06/24/2021
June 16, 2021: Conference Committee Report Filed, # 2021-1964c; 06/24/2021
June 24, 2021: Conference Committee Report Filed, # 2021-1964c; 06/24/2021
June 15, 2021: Conferee Change; Senator Giuda Replaces Senator Whitley; SJ 20
: Conferee Change; Senator Giuda Replaces Senator Whitley; SJ 20
June 14, 2021: Conference Committee Meeting: 06/14/2021 02:30 pm LOB 206-208
June 10, 2021: President Appoints: Senators Carson, Birdsell, Whitley; 06/10/2021; SJ 19
June 10, 2021: President Appoints: Senators Carson, Birdsell, Whitley; 06/10/2021; SJ 19
June 10, 2021: Sen. Carson Accedes to House Request for Committee of Conference, MA, VV; 06/10/2021; SJ 19
June 10, 2021: Sen. Carson Accedes to House Request for Committee of Conference, MA, VV; 06/10/2021; SJ 19
June 7, 2021: House Non-Concurs with Senate Amendment 2021-1712s and Requests CofC (Reps. McLean, Wuelper, Sylvia, Alexander Jr.): MA VV 06/04/2021 HJ 9 P. 51
June 4, 2021: House Non-Concurs with Senate Amendment 2021-1712s and Requests CofC (Reps. McLean, Wuelper, Sylvia, Alexander Jr.): MA VV 06/04/2021 HJ 9 P. 51
May 27, 2021: Ought to Pass with Amendment 2021-1712s, MA, VV; OT3rdg; 05/27/2021; SJ 17
May 27, 2021: Ought to Pass with Amendment 2021-1712s, MA, VV; OT3rdg; 05/27/2021; SJ 17
May 27, 2021: Committee Amendment # 2021-1712s, RC 14Y-10N, AA; 05/27/2021; SJ 17
May 27, 2021: Committee Amendment # 2021-1712s, RC 14Y-10N, AA; 05/27/2021; SJ 17
May 27, 2021: Committee Report: Ought to Pass with Amendment # 2021-1712s, 05/27/2021; SC 25A
May 25, 2021: Committee Report: Ought to Pass with Amendment # 2021-1712s, 05/27/2021; SC 25A
May 11, 2021: Remote Hearing: 05/11/2021, 02:15 pm; Links to join the hearing can be found in the Senate Calendar; SC 23
May 6, 2021: Remote Hearing: 05/11/2021, 02:15 pm; Links to join the hearing can be found in the Senate Calendar; SC 23
April 8, 2021: Introduced 04/08/2021 and Referred to Judiciary; SJ 12
April 13, 2021: Introduced 04/08/2021 and Referred to Judiciary; SJ 12
: Ought to Pass with Amendment 2021-0623h MA RC 199-173
April 9, 2021: Ought to Pass with Amendment 2021-0623h: MA RC 199-173 04/09/2021 HJ 7 P. 8
April 9, 2021: Ought to Pass with Amendment 2021-0623h: MA RC 199-173 04/09/2021 HJ 7 P. 8
April 9, 2021: Amendment # 2021-0623h: AA VV 04/09/2021 HJ 7 P. 8
April 9, 2021: Amendment # 2021-0623h: AA VV 04/09/2021 HJ 7 P. 8
: Minority Committee Report: Inexpedient to Legislate
March 22, 2021: Minority Committee Report: Inexpedient to Legislate
: Majority Committee Report: Ought to Pass with Amendment # 2021-0623h (Vote 11-10; RC) HC 18 P. 53
March 22, 2021: Majority Committee Report: Ought to Pass with Amendment # 2021-0623h (Vote 11-10; RC) HC 18 P. 53
March 10, 2021: Executive Session: 03/10/2021 09:00 am Members of the public may attend using the following link: To join the webinar: https://www.zoom.us/j/95164452682
March 5, 2021: Public Hearing: 03/05/2021 10:00 am Members of the public may attend using the following link: To join the webinar: https://www.zoom.us/j/97676008758 / Executive session on pending legislation may be held throughout the day (time permitting) from the time the committee is initially convened.
Jan. 12, 2021: Introduced (in recess of) 01/06/2021 and referred to Judiciary HJ 2 P. 53
Jan. 6, 2021: Introduced (in recess of) 01/06/2021 and referred to Judiciary HJ 2 P. 53