Last Action | 04/05/22: signed by Governor (Acts Ch. 82) |
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Title | AN ACT relating to religious freedom during a declared emergency. |
Bill Documents |
Acts Chapter 82
Current/Final Introduced |
Fiscal Impact Statements |
Local Mandate
Additional Fiscal Impact Statements Exist |
Bill Request Number | 211 |
Sponsors | S. Baker, W. Thomas, L. Bechler, D. Bentley, J. Blanton, A. Bowling, J. Branscum, K. Bratcher, J. Bray, R. Bridges, J. Calloway, J. Decker, M. Dossett, R. Dotson, J. DuPlessis, D. Elliott, J. Fischer, D. Fister, P. Flannery, K. Fleming, D. Frazier Gordon, C. Freeland, C. Fugate, D. Hale, M. Hart, R. Heath, R. Huff, T. Huff, M. Imes, DJ Johnson, K. King, N. Kirk-McCormick, W. Lawrence, S. Lewis, M. Lockett, S. Maddox, C. Massey, B. McCool, S. McPherson, D. Meade , J. Nemes, J. Petrie, M. Pollock, P. Pratt, M. Prunty, F. Rabourn, B. Reed, S. Sharp, S. Sheldon, T. Smith, N. Tate, J. Tipton, T. Truett, R. Webber, B. Wesley, R. White |
Summary of Original Version | Amend KRS 39A.100 to exclude houses of worship from emergency condemnation authority; prohibit a governmental entity from prohibiting religious services during an emergency to a greater extent than imposed on other organizations or businesses that provide essential services; require a compelling governmental interest to place a burden on a religious organization; prohibit a governmental entity from taking any discriminatory action against a religious organization on the basis that the organization is religious; define "discriminatory action," "governmental entity," "religious organization," and "religious services"; allow a religious organization to assert a violation of this section as a claim against a governmental entity or as a defense and waive sovereign, governmental, and qualified immunity to the extent of liability under the section; set out remedies available to a religious organization; require construciton in favor of protecting free exercise of religion; require a religious organization to bring an action no later than two years from the date the person should have known of the discriminatory action. |
Index Headings of Original Version |
Local Mandate - Emergencies, religious organizations, discrimination prohibited Courts - Emergencies, religious discrimination, right established Courts - Emergencies, religious organizations, discrimination, remedies Disasters - Emergencies, religious organizations, discrimination prohibited Disasters - Emergencies, religious organizations, discrimination, remedies Diseases - Emergencies, religious discrimination, right established Diseases - Emergencies, religious organizations, discrimination prohibited Governor - Emergencies, religious organizations, discrimination prohibited Local Government - Emergencies, religious organizations, discrimination prohibited Local Government - Emergencies, religious organizations, discrimination, remedies Religion - Emergencies, discrimination prohibited Religion - Emergencies, discrimination, remedies |
Jump to Proposed Amendments |
House Committee Substitute 1 with Fiscal Impact Statements House Committee Amendment 1 House Floor Amendment 1 |
Votes | Vote History |
08/04/21 |
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01/04/22 |
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02/23/22 |
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02/24/22 |
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02/25/22 |
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02/28/22 |
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03/01/22 |
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03/02/22 |
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03/09/22 |
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03/17/22 |
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03/18/22 |
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03/21/22 |
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03/23/22 |
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03/24/22 |
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04/05/22 |
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Amendment | House Committee Substitute 1 |
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Fiscal Impact Statement | Local Mandate to House Committee Substitute 1 |
Summary | Retain original provisions, except amend KRS 39A.100 to authorize the Governor, in the case of an emergency to seize, take, or condemn houses of worship that have become unsafe to a degree that would justify condemnation in the absence of a state of emergency; prohibit a governmental entity from restricting a religious organization to the same or any greater extent than businesses or organizations that provide essential services; waive sovereign, governmental, and qualified immunity to the extent of liability created under this section; amend "discriminatory action" to include certain actions that would adversely affect the ability of a religious organization to receive any benefits to which they are entitled. |
Index Headings |
Courts - Emergencies, religious discrimination, right established Courts - Emergencies, religious organizations, discrimination, remedies Disasters - Emergencies, religious organizations, discrimination prohibited Disasters - Emergencies, religious organizations, discrimination, remedies Diseases - Emergencies, religious discrimination, right established Diseases - Emergencies, religious organizations, discrimination prohibited Governor - Emergencies, religious organizations, discrimination prohibited Local Government - Emergencies, religious organizations, discrimination prohibited Local Government - Emergencies, religious organizations, discrimination, remedies Religion - Emergencies, discrimination prohibited Religion - Emergencies, discrimination, remedies |
Amendment | House Committee Amendment 1 |
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Sponsor | J. Miller |
Summary | Make title amendment. |
Index Headings |
Local Mandate - Emergencies, religious organizations, discrimination prohibited Title Amendments - HB 43 |
Amendment | House Floor Amendment 1 |
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Sponsor | S. Baker |
Summary | Include any action taken by a governmental entity wholly or partially on the basis that an organization is religious, operates or seeks to operate during a state of emergency, or engages in the exercise of religion as protected under the First Amendment to the Constitution to the definition of "discriminatory action." |
Index Headings |
Disasters - Emergencies, discriminatory actions, definition Governor - Emergencies, discriminatory actions, definition Local Government - Emergencies, discriminatory actions, definition Religion - Emergencies, discriminatory actions, definition |
Last updated: 2/8/2023 2:57 PM (EST)