Rep. G.R. SMITH proposes the following Amendment No.     to H.4100 as introduced by Ways & Means

(Doc Name H:\LEGWORK\HOUSE\AMEND\H-WM\001\CHILD WELFARE PROVIDERS PROTECTION GRS.DOCX):

EXPLANATION: Directs DSS to use $100,000 to ensure that no discriminatory action is taken against a person that provides or declines to provide adoption or foster care services due to religious beliefs or moral conviction, and also ensure the same action from being taken against a person who would care for a foster or adopted child in a manner consistent with their religious beliefs or moral conviction.

Amend the bill, as and if amended, Part IB, Section 38, DEPARTMENT OF SOCIAL SERVICES, page 384, after line 2, by adding an appropriately numbered proviso to read:

/ /( DSS: CHILD WELFARE PROVIDERS PROTECTION) FROM THE FUNDS APPROPRIATED TO THE DEPARTMENT OF SOCIAL SERVICES, $100,000 SHALL BE UTILIZED TO ENSURE THAT NO DISCRIMINATORY ACTION IS TAKEN AGAINST A PERSON THAT ADVERTISES, PROVIDES, OR FACILITATES ADOPTION OR FOSTER CARE, WHOLLY OR PARTIALLY ON THE BASIS THAT SUCH PERSON HAS PROVIDED OR DECLINED TO PROVIDE ANY ADOPTION OR FOSTER CARE SERVICE, OR RELATED SERVICE, BASED UPON OR IN A MANNER CONSISTENT WITH A SINCERELY HELD RELIGIOUS BELIEF OR MORAL CONVICTION.

THE DEPARTMENT SHALL ENSURE THAT NO DISCRIMINATORY ACTION IS TAKEN AGAINST A PERSON TO WHOM THE STATE GRANTS CUSTODY OF A FOSTER OR ADOPTIVE CHILD, OR A PERSON WHO SEEKS FROM THE STATE CUSTODY OF A FOSTER OR ADOPTIVE CHILD, WHOLLY OR

PARTIALLY ON THE BASIS THAT THE PERSON GUIDES, INSTRUCTS, OR RAISES A CHILD, OR INTENDS TO GUIDE, INSTRUCT, OR RAISE A CHILD, BASED UPON OR IN A MANNER CONSISTENT WITH A SINCERELY HELD RELIGIOUS BELIEF OR MORAL CONVICTION.

THE DEPARTMENT SHALL CONSIDER ACCREDITED, LICENSED, OR CERTIFIED ANY PERSON THAT WOULD OTHERWISE BE ACCREDITED, LICENSED, OR CERTIFIED, RESPECTIVELY, FOR ANY PURPOSES UNDER STATE LAW BUT FOR A DETERMINATION AGAINST SUCH PERSON WHOLLY OR PARTIALLY ON THE BASIS THAT THE PERSON BELIEVES, SPEAKS, OR ACTS IN ACCORDANCE WITH A SINCERELY HELD RELIGIOUS BELIEF OR MORAL CONVICTION.

A PERSON MAY ASSERT A VIOLATION OF THIS PROVISION AS A CLAIM 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, ANY PRIVATE PERSON, OR ANY OTHER PARTY.

AN ACTION UNDER THIS PROVISION MAY BE COMMENCED, AND RELIEF MAY BE GRANTED, IN A COURT OF THE STATE WITHOUT REGARD TO WHETHER THE PERSON COMMENCING THE ACTION HAS SOUGHT OR EXHAUSTED AVAILABLE ADMINISTRATIVE REMEDIES.

ANY PERSON WHO SUCCESSFULLY ASSERTS A CLAIM OR DEFENSE UNDER THIS PROVISION MAY RECOVER:

(1)DECLARATORY RELIEF;

(2)INJUNCTIVE RELIEF TO PREVENT OR REMEDY A VIOLATION OF THIS PROVISION OR THE EFFECTS OF SUCH A VIOLATION;

(3)COMPENSATORY DAMAGES FOR PECUNIARY AND NONPECUNIARY LOSSES FROM FUNDS APPROPRIATED OR AUTHORIZED IN THIS ACT;

(4)REASONABLE ATTORNEY'S FEES AND COSTS; AND

(5)ANY OTHER APPROPRIATE RELIEF.

PROVIDED, HOWEVER, ONLY DECLARATORY RELIEF AND INJUNCTIVE RELIEF IS AVAILABLE AGAINST A PRIVATE PERSON NOT ACTING UNDER COLOR OF STATE LAW UPON A SUCCESSFUL ASSERTION OF A DEFENSE UNDER THIS PROVISION.

SOVEREIGN, GOVERNMENTAL, AND QUALIFIED IMMUNITIES TO SUIT AND FROM LIABILITY ARE WAIVED AND ABOLISHED TO THE EXTENT OF LIABILITY CREATED UNDER THE ABOVE PARAGRAPH, AND A PERSON MAY SUE THE STATE, EXCEPT STATE COURTS, FOR DAMAGES ALLOWED BY THE ABOVE PARAGRAPH.

THIS PROVISION DOES NOT WAIVE OR ABOLISH SOVEREIGN IMMUNITY TO SUIT AND FROM LIABILITY UNDER THE ELEVENTH AMENDMENT TO THE UNITED STATES CONSTITUTION.

THIS PROVISION MUST BE CONSTRUED IN FAVOR OF A BROAD PROTECTION OF FREE EXERCISE OF RELIGIOUS BELIEFS AND MORAL CONVICTIONS, TO THE MAXIMUM EXTENT PERMITTED BY THE STATE AND FEDERAL CONSTITUTIONS.

THE PROTECTION OF FREE EXERCISE OF RELIGIOUS BELIEFS AND MORAL CONVICTIONS AFFORDED BY THIS PROVISION ARE IN ADDITION TO THE PROTECTIONS PROVIDED UNDER FEDERAL LAW, STATE LAW, AND THE STATE AND FEDERAL CONSTITUTIONS.

NOTHING IN THIS PROVISION MAY BE CONSTRUED TO:

(1)PREEMPT OR REPEAL ANY STATE OR LOCAL LAW THAT IS EQUALLY OR MORE PROTECTIVE OF FREE EXERCISE OF RELIGIOUS BELIEFS OR MORAL CONVICTIONS;

(2)NARROW THE MEANING OR APPLICATION OF ANY STATE OR LOCAL LAW PROTECTING FREE EXERCISE OF RELIGIOUS BELIEFS OR MORAL CONVICTIONS; OR

(3)PREVENT THE STATE FROM PROVIDING, EITHER DIRECTLY OR THROUGH AN INDIVIDUAL OR ENTITY NOT SEEKING PROTECTION UNDER THIS PROVISION, ANY BENEFIT OR SERVICE AUTHORIZED UNDER STATE LAW.

THIS PROVISION APPLIES TO, AND IN CASES OF CONFLICT SUPERSEDES, ANY ORDINANCE, RULE, REGULATION, ORDER, OPINION, DECISION, PRACTICE, OR OTHER EXERCISE OF THE STATE'S AUTHORITY THAT IMPINGES UPON THE FREE EXERCISE OF RELIGIOUS BELIEFS AND MORAL CONVICTIONS PROTECTED BY THIS PROVISION.

AS USED IN THIS PROVISION UNLESS THE CONTEXT REQUIRES OTHERWISE:

(1)'ADOPTION OR FOSTER CARE' OR 'ADOPTION OR FOSTER CARE SERVICE' MEANS SOCIAL SERVICES PROVIDED TO OR ON BEHALF OF CHILDREN, INCLUDING:

(A)ASSISTING ABUSED OR NEGLECTED CHILDREN;

(B)TEACHING CHILDREN AND PARENTS OCCUPATIONAL, HOMEMAKING, AND OTHER DOMESTIC SKILLS;

(C)PROMOTING FOSTER PARENTING;

(D)PROVIDING FOSTER HOMES, RESIDENTIAL CARE, GROUP HOMES, OR TEMPORARY GROUP SHELTERS FOR CHILDREN;

(E)RECRUITING FOSTER PARENTS;

(F)PLACING CHILDREN IN FOSTER HOMES;

(G)LICENSING FOSTER HOMES;

(H)PROMOTING ADOPTION OR RECRUITING ADOPTIVE PARENTS;

(I) ASSISTING ADOPTIONS OR SUPPORTING ADOPTIVE FAMILIES;

(J) PERFORMING OR ASSISTING HOME STUDIES;

(K)ASSISTING KINSHIP GUARDIANSHIPS OR KINSHIP CAREGIVERS;

(L) PROVIDING FAMILY PRESERVATION SERVICES;

(M)PROVIDING FAMILY SUPPORT SERVICES; OR

(N)PROVIDING TEMPORARY FAMILY REUNIFICATION SERVICES.

(2)'DISCRIMINATORY ACTION' MEANS ANY ACTION TAKEN BY THE STATE TO:

(A)ALTER IN ANY WAY 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 OF ANY PERSON REFERRED TO IN SECTION 63 10 20 OF THE 1976 CODE;

(B)DISALLOW, DENY, OR OTHERWISE MAKE UNAVAILABLE A DEDUCTION FOR STATE TAX PURPOSES OF ANY CHARITABLE CONTRIBUTION MADE TO OR BY SUCH PERSON;

(C)WITHHOLD, REDUCE, EXCLUDE, TERMINATE, MATERIALLY ALTER THE TERMS OR CONDITIONS OF, OR OTHERWISE MAKE UNAVAILABLE OR DENY ANY STATE GRANT, CONTRACT, SUBCONTRACT, COOPERATIVE AGREEMENT, GUARANTEE, LOAN, SCHOLARSHIP, OR OTHER SIMILAR BENEFIT FROM OR TO SUCH PERSON;

(D)DISQUALIFY, DISFAVOR, DISCREDIT, DISREGARD, OR OTHERWISE MAKE LESS COMPETITIVE OR QUALIFYING ANY APPLICATION, TENDER, OFFER, BID, PROPOSAL, OR REQUEST FOR ANY STATE GRANT, CONTRACT, SUBCONTRACT, COOPERATIVE AGREEMENT, GUARANTEE, LOAN, SCHOLARSHIP, OR OTHER SIMILAR BENEFIT FROM OR TO SUCH PERSON;

(E)WITHHOLD, REDUCE, EXCLUDE, TERMINATE, MATERIALLY ALTER THE TERMS OR CONDITIONS OF, OR OTHERWISE MAKE UNAVAILABLE OR DENY ANY ENTITLEMENT OR BENEFIT UNDER A STATE BENEFIT PROGRAM FROM OR TO SUCH PERSON;

(F)DISQUALIFY, DISFAVOR, DISCREDIT, DISREGARD, OR OTHERWISE MAKE LESS COMPETITIVE OR QUALIFYING ANY APPLICATION, TENDER, OFFER, BID, PROPOSAL, OR REQUEST FOR ANY ENTITLEMENT OR BENEFIT UNDER A STATE BENEFIT PROGRAM FROM OR TO SUCH PERSON;

(G)IMPOSE, LEVY, OR ASSESS A MONETARY FINE, FEE, PENALTY, DAMAGES AWARD, OR INJUNCTION;

(H)WITHHOLD, REDUCE, EXCLUDE, TERMINATE, MATERIALLY ALTER THE TERMS OR CONDITIONS OF, OR OTHERWISE MAKE UNAVAILABLE OR DENY ANY LICENSE, CERTIFICATION, ACCREDITATION, CUSTODY AWARD OR AGREEMENT, DIPLOMA, GRADE, RECOGNITION, OR OTHER SIMILAR BENEFIT, POSITION, OR STATUS FROM OR TO ANY PERSON; OR

(I)REFUSE TO HIRE OR PROMOTE, FORCE TO RESIGN, FIRE, DEMOTE, SANCTION, DISCIPLINE, MATERIALLY ALTER THE TERMS OR CONDITIONS OF EMPLOYMENT, OR RETALIATE OR TAKE OTHER ADVERSE EMPLOYMENT ACTION AGAINST A PERSON EMPLOYED OR COMMISSIONED BY THE STATE.

(3)'PERSON' MEANS:

(A)A NATURAL PERSON, IN THAT PERSON'S INDIVIDUAL CAPACITY, REGARDLESS OF RELIGIOUS AFFILIATION OR LACK THEREOF, OR IN THAT PERSON'S CAPACITY AS A MEMBER, OFFICER, OWNER, VOLUNTEER, EMPLOYEE, MANAGER, RELIGIOUS LEADER, CLERGY, OR MINISTER OF ANY ENTITY DESCRIBED IN THIS ITEM;

(B)A RELIGIOUS ORGANIZATION;

(C)A SOLE PROPRIETORSHIP, PARTNERSHIP, TRUST, CLOSELY HELD CORPORATION, OR OTHER CLOSELY HELD ENTITY OPERATING WITH A SINCERELY HELD RELIGIOUS BELIEF OR MORAL CONVICTION DESCRIBED IN SECTION 63 10 20; OR

(D)COOPERATIVES, VENTURES, OR ENTERPRISES COMPRISED OF TWO OR MORE INDIVIDUALS OR ENTITIES DESCRIBED IN THIS ITEM REGARDLESS OF NONPROFIT OR FOR PROFIT STATUS.

(4)'RELIGIOUS ORGANIZATION' MEANS:

(A)A HOUSE OF WORSHIP INCLUDING, BUT NOT LIMITED TO, CHURCHES, SYNAGOGUES, SHRINES, MOSQUES, AND TEMPLES;

(B)A RELIGIOUS GROUP, CORPORATION, ASSOCIATION, SCHOOL OR EDUCATIONAL INSTITUTION, MINISTRY, ORDER, SOCIETY, OR SIMILAR ENTITY, REGARDLESS OF WHETHER 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 ITEM.

(5)'STATE BENEFIT PROGRAM' MEANS ANY PROGRA M ADMINISTERED OR FUNDED BY THE STATE, OR BY ANY AGENT ON BEHALF OF THE STATE, PROVIDING CASH, PAYMENTS, GRANTS, CONTRACTS, LOANS, OR IN KIND ASSISTANCE.

(6)'STATE 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 MUNICIPALITY, COUNTY, OR SPECIAL PURPOSE DISTRICT, INCLUDING A SCHOOL DISTRICT;

(D)ANY PERSON ACTING UNDER COLOR OF STATE LAW; OR

(E)ANY PRIVATE PERSON SUING UNDER OR ATTEMPTING TO ENFORCE A LAW, RULE, OR REGULATION OF THE STATE OR A POLITICAL SUBDIVISION OF THE STATE. /

Amend totals and titles to conform.