TO REQUIRE THAT RELIGIOUS ORGANIZATIONS ARE PROTECTED DURING AN EMERGENCY; TO DECLARE AN EMERGENCY.
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HB 1211 — TO REQUIRE THAT RELIGIOUS ORGANIZATIONS ARE PROTECTED DURING AN EMERGENCY; TO DECLARE AN EMERGENCY.
Last action — Notification that HB1211 is now Act 94
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed House
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 19, 2021. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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24 sponsors
2 primary, 22 co-sponsors signed on.
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Cleared a recorded vote
Passed 2 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Bill Text
- HB 1211 Current pdf
AI-generated reading aid from the bill's amendatory text — verify against the official bill.
The bill establishes protections for religious organizations during disaster emergencies, prohibiting discriminatory actions by the Governor against them.
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12-75-134
Religious organization — Disaster emergency.
This adds a new section defining protections for religious organizations during emergencies.
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12-75-134(a)(1)
"Discriminatory action" means an action taken by the Governor to: ...
Defines what constitutes 'discriminatory action' against religious organizations.
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12-75-134(b)(1)
The Governor shall not prohibit or limit a religious organization from continuing to operate or engage in religious services during a disaster emergency under this subchapter.
Prohibits the Governor from limiting religious services during disaster emergencies.
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12-75-134(b)(2)(B)
The Governor shall not enforce a health, safety, or occupancy requirement... that imposes a substantial burden on a religious organization unless the Governor demonstrates that applying the requirement to the religious organization is essential to further a compelling governmental interest and is the least restrictive means of furthering the compelling governmental interest.
Establishes a high standard for imposing health restrictions on religious organizations.
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12-75-134(b)(3)
The Governor shall not take discriminatory action under this subchapter against a religious organization wholly or partially on the basis that the religious organization: ...
Prevents discrimination against religious organizations based on their religious operation during emergencies.
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12-75-134(c)(1)
A religious organization may assert a violation of this section as a claim against the Governor in a judicial or administrative proceeding or as a defense in a judicial or administrative proceeding.
Allows religious organizations to challenge violations in court.
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12-75-134(c)(3)
A religious organization that successfully asserts a claim or defense under this section may recover: ...
Details the types of relief available to religious organizations that prevail in claims.
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12-75-134(d)
Sovereign, governmental, and qualified immunities to suit and from liability are waived and abolished to the extent allowed under law.
Waives certain immunities for the purpose of suits against the Governor.
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12-75-134(e)
This section shall be construed in favor of a broad protection of free exercise of religion.
Mandates a broad interpretation of protections for religious exercise.
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12-75-134(f)(1)
The protection of free exercise of religion afforded under this section is in addition to the protections provided under federal law, state law, the United States Constitution, and the Arkansas Constitution.
Clarifies that these protections are supplementary to existing laws.
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12-75-134(g)(1)
This section applies to and in cases of conflict supersedes any statute that infringes upon the free exercise of religion...
Ensures this law takes precedence over conflicting statutes regarding religious exercise.
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12-75-134(h)
If a provision or application of this section is held to be invalid under law, the remainder and the application of the section is not affected.
Preserves the remaining provisions of the law if part of it is invalidated.
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12-75-134(i)
A religious organization shall bring an action to assert a claim under this section no later than two (2) years after the date the religious organization knew or should have known that a discriminatory action or other violation ...
Sets a two-year statute of limitations for claims made by religious organizations.
Action History
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Notification that HB1211 is now Act 94
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Correctly enrolled and ordered transmitted to the Governor's Office.
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TO BE ENROLLED
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Returned From the Senate as passed.
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Returned to the House as passed.
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EMERGENCY CLAUSE ADOPTED
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Read the third time and passed.
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Returned by the Committee, with the recommendation that it Do Pass
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Read first time, rules suspended, read second time, referred to Senate Committee on State Agencies and Governmental Affairs
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Received from the House.
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EMERGENCY CLAUSE ADOPTED
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Read the third time and passed and ordered transmitted to the Senate.
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Returned by the Committee Do Pass
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Read the first time, rules suspended, read the second time and referred to the Committee on STATE AGENCIES & GOVT'L AFFAIRS- HOUSE
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Filed
Sponsors
- Mary Bentley · Primary
- Kim Hammer · Primary
- Karilyn Brown · Cosponsor
- Cloud · Cosponsor
- Jimmy Gazaway · Cosponsor
- Robin Lundstrum · Cosponsor
- Jon Milligan · Cosponsor
- Aaron Pilkington · Cosponsor
- David Ray · Cosponsor
- Johnny Rye · Cosponsor
- Kendon Underwood · Cosponsor
- Beckham · Cosponsor
- Ben Gilmore · Cosponsor
- Bart Hester · Cosponsor
- Hill · Cosponsor
- Missy Irvin · Cosponsor
- Blake Johnson · Cosponsor
- Dan Sullivan · Cosponsor
- Denise Garner · Cosponsor
- Rick McClure · Cosponsor
- Tony Furman · Cosponsor
- Brian S. Evans · Cosponsor
- Sonia Eubanks Barker · Cosponsor
- B. Smith · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →2 sponsors · 22 co-sponsors · 114 not signed on · 10 voted No
Sponsors (2)
Co-sponsors (22)
Not signed on (114)
114 members have not signed on to this bill.
Show all 114 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 31 | 4 | 0 | 0 |
| Total | 31 | 4 | 0 | 0 |
| % of votes cast | 89% | 11% | 0% | 0% |
How each member voted (35)
| Member | Party | Vote |
|---|---|---|
| Rapert | — | Yea |
| Teague | — | Yea |
| Elliott | — | Nay |
| Beckham | — | Yea |
| Bledsoe | — | Yea |
| Alan Clark | — | Yea |
| B. Ballinger | — | Yea |
| B. Sample | — | Yea |
| Bart Hester | — | Yea |
| Ben Gilmore | — | Yea |
| Blake Johnson | — | Yea |
| Breanne Davis | — | Yea |
| C. Tucker | — | Nay |
| Dan Sullivan | — | Yea |
| Dave Wallace | — | Yea |
| G. Stubblefield | — | Yea |
| Greg Leding | — | Nay |
| J. Hendren | — | Yea |
| J. Sturch | — | Yea |
| Jane English | — | Yea |
| Jimmy Hickey, Jr | — | Yea |
| Jonathan Dismang | — | Yea |
| K. Ingram | — | Nay |
| Kim Hammer | — | Yea |
| L. Chesterfield | — | Yea |
| L. Eads | — | Yea |
| M. Pitsch | — | Yea |
| Mark Johnson | — | Yea |
| Missy Irvin | — | Yea |
| Ricky Hill | — | Yea |
| Ronald Caldwell | — | Yea |
| S. Flowers | — | Yea |
| Scott Flippo | — | Yea |
| T. Garner | — | Yea |
| Terry Rice | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 75 | 10 | 0 | 15 |
| Total | 75 | 10 | 0 | 15 |
| % of votes cast | 75% | 10% | 0% | 15% |
How each member voted (100)
Subjects
Frequently asked questions
- Who sponsors HB 1211?
- HB 1211 is sponsored by Mary Bentley, Kim Hammer, Karilyn Brown, Cloud, Jimmy Gazaway, Robin Lundstrum, Jon Milligan, Aaron Pilkington, David Ray, Johnny Rye, Kendon Underwood, Beckham, Ben Gilmore, Bart Hester, Hill, Missy Irvin, Blake Johnson, Dan Sullivan, Denise Garner, Rick McClure, Tony Furman, Brian S. Evans, Sonia Eubanks Barker, and B. Smith.
- What is the current status of HB 1211?
- This bill has been enacted into law. Introduced January 19, 2021. Enacted.
- Where can I track HB 1211?
- Track HB 1211 free on One Click Politics — get push/email alerts when it moves.
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