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House Bill 43

Actions | Amendments

Last Action	04/05/22: signed by Governor (Acts Ch. 82)
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

Actions

Top | Amendments

08/04/21	Prefiled by the sponsor(s).
01/04/22	introduced in House to Committee on Committees (H)
02/23/22	to State Government (H)
02/24/22	reported favorably, 1st reading, to Calendar with Committee Substitute (1) and Committee Amendment (1-title)
02/25/22	2nd reading, to Rules posted for passage in the Regular Orders of the Day for Monday, February 28, 2022
02/28/22	floor amendment (1) filed to Committee Substitute
03/01/22	3rd reading, passed 83-12 with Committee Substitute (1) Floor Amendment (1) and Committee Amendment (1-title)
03/02/22	received in Senate to Committee on Committees (S)
03/09/22	to State & Local Government (S)
03/17/22	reported favorably, 1st reading, to Calendar
03/18/22	2nd reading, to Rules
03/21/22	posted for passage in the Regular Orders of the Day for Wednesday, March 23, 2022
03/23/22	3rd reading, passed 30-7
03/24/22	received in House enrolled, signed by Speaker of the House enrolled, signed by President of the Senate delivered to Governor
04/05/22	signed by Governor (Acts Ch. 82)

Proposed Amendments

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Amendment	House Committee Substitute 1
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
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
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)