SENATE CONCURRENT RESOLUTION NO. 84

(By Senators Palumbo, Wills, Beach, Browning, Fanning, Foster, Jenkins, Kirkendoll, Klempa, Snyder, Tucker, Williams,

Barnes and Nohe)

[Originating in the Committee on the Judiciary]

Requesting the Joint Committee on Government and Finance to study the need for, potential effect of and constitutional concerns associated with the adoption of legislation that is colloquially known as the Religious Freedom Restoration Act.

    Whereas, The Legislature finds that freedom of religion is a fundamental right contained in both the Bill of Rights and the West Virginia Constitution; and

    Whereas, The Legislature finds that creating legislation that attempts to direct a court on how to interpret the United States or West Virginia Constitutions can have unintended consequences; and

    Whereas, The Legislature finds that the legislation introduced in the 2012 legislative session entitled the religious freedom restoration act brought rise to constitutional concerns, as well as financial and other concerns; and

    Whereas, The Legislature finds that other states have enacted similar legislation since 1990, but the Legislature does not have the benefit of hearing the effects of that legislation; and

    Whereas, The Legislature finds that studying the effects of similar legislation in other states will help determine the most appropriate course to take for West Virginia; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Joint Committee on Government and Finance is hereby requested to study the need for, potential effect of and constitutional concerns associated with the adoption of legislation that is colloquially known as the Religious Freedom Restoration Act; and, be it

    Further Resolved, That the study include an assessment of the potential financial impact of the legislation, the resulting litigation that occurred in other states following similar legislation and whether any need exists for such legislation; and, be it

    Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2013, on its findings, conclusions and recommendations together with drafts of any legislation necessary to effectuate its recommendations; and, be it

    Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.