CONFERENCE COMMITTEE REPORT
DIGEST FOR ESB 50

Citations Affected: 10 3443?9.

Synopsis: Antidiscrimination safeguards. Indicates that the law related to adjudicating a claim
or defense that a state or local law, ordinance, or other action substantially burdens the exercise
of religion of a person: (1) does not authorize a provider to refuse to offer or provide services,
facilities, use of public accommodations, goods, employment, or housing to any member or
members of the general public; (2) does not establish a defense to a civil action or criminal
prosecution for refusal by a provider to offer or provide services, facilities, use of public
accommodations, goods, employment, or housing to any member or members of the general
public; and (3) does not negate any rights available under the Constitution of the State of Indiana.
De?nes the term provider. (This conference committee report deletes the provisions
concerning elections in SB 50, as amended by the house, and inserts provisions related to
the law governing adj udicating a claim or defense that a state or locai law, ordinance, or
other action substantially burdens the exercise of religion of a person.)

Effective: July 1, 2015.

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CONFERENCE COMMITTEE REPORT

MADAM PRESIDENT:
Your Conference Committee appointed to confer with a like committee from the House
upon Engrossed 0 use Amen dmen ts to En grossed Senate Bill No. 50 respectf ally reports that

said two committees It ave conferred and agreed as follows to wit:

that the Senate recede from its dissent from all House amendments and that
the Senate now concur in all House amendments to the bill and that the bill
be further amended as follows:

1 Delete the title and insert the followingamend the Indiana Code concerning

3 judicial and administrative proceedings.

4 Delete everything after the enacting clause and insert the following:

5 SECTION 1 . 1C 34- 1 IS ADDED TO CODE

6 AS A NEW SECTION TO READ AS FOLLOWS JULY

7 i, 2015]: Sec. 0.7. This chapter does not:

8 (I) authorize a provider to refuse to offer or provide services,

9 facilities, use of public accommodations, goods, employment,
10 or housing to any member or members of the general public
11 on the basis of race, color, religion, ancestry, age, national
12 origin, disability, sex, sexual orientation, gender identity, or
13 United States military service;
14 (2) establish a defense to a civil action or criminal prosecution
15 for refusal by a provider to offer or provide services, facilities,
16 use of public accommodations, goods, employment, orhousing
17 to any member or members of the general public on the basis
18 of race, color, religion, ancestry, age, national origin,
19 disability, sex, sexual orientation, gender identity, or United
20 States military service; or
21 (3) negate any rights available under the Constitution of the

51 2015

 

1 State of Indiana.

2 SECTION 2.1C 34- 1 3-9?7 .5 IS ADDED TO THE INDIANA CODE

3 AS A NEW SECTION TO READ AS FOLLOWS JULY

4 1, 2015]: Sec. 7.5. As used in this chapter, "provider" means one (1)

5 or more individuals, partnerships, associations, organizations,

6 limited liability companies, corporations, and other organized

7 groups of persons. The term does not include:

8 A church or other nonprofit religious organization or

9 society, including an affiliated school, that is exempt from
10 federal income taxation under 26 U.S.C. 501(a), as amended
11 (excluding any activity that generates unrelated business
12 taxable income (as de?ned in 26 U.S.C. 512, as amended?.
13 (2) A rabbi, priest, preacher, minister, pastor, or designee of
14 a church or other nonprofit religious organization or society
15 when the individual is engaged in a religious or af?liated
16 educational function of the church or other nonpro?t
17 religious organization or society.

(Reference is to ESB 50 as reprinted March 17, 2015.)

2015