2022 Regular SessionKentucky Legislature

HB43: AN ACT relating to religious freedom during a declared emergency.

Legislative Summary

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.

Demographic Impact

Overall analysis of equity impact

70% Positive
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Bill History

8/4/2021
Prefiled by the sponsor(s).
House of Representatives
1/4/2022
introduced in House
House of Representatives
1/4/2022
to Committee on Committees (H)
House of Representatives
2/23/2022
to State Government (H)
House of Representatives
2/24/2022
reported favorably, 1st reading, to Calendar with Committee Substitute (1) and Committee Amendment (1-title)
House of Representatives
2/25/2022
2nd reading, to Rules
House of Representatives
2/25/2022
posted for passage in the Regular Orders of the Day for Monday, February 28, 2022
House of Representatives
2/28/2022
floor amendment (1) filed to Committee Substitute
House of Representatives
3/1/2022
3rd reading, passed 83-12 with Committee Substitute (1) Floor Amendment (1) and Committee Amendment (1-title)
House of Representatives
3/2/2022
received in Senate
Senate
3/2/2022
to Committee on Committees (S)
Senate
3/9/2022
to State & Local Government (S)
Senate
3/17/2022
reported favorably, 1st reading, to Calendar
Senate
3/18/2022
2nd reading, to Rules
Senate
3/21/2022
posted for passage in the Regular Orders of the Day for Wednesday, March 23, 2022
Senate
3/23/2022
3rd reading, passed 30-7
Senate
3/24/2022
received in House
House of Representatives
3/24/2022
enrolled, signed by Speaker of the House
House of Representatives
3/24/2022
enrolled, signed by President of the Senate
House of Representatives
3/24/2022
delivered to Governor
House of Representatives
4/5/2022
signed by Governor (Acts Ch. 82)
House of Representatives

Amendments

House Committee Substitute

House Committee Substitute 1

Not Adopted

House Committee Substitute

Local Mandate to House Committee Substitute 1

Not Adopted

House Committee Amendment

House Committee Amendment 1

Not Adopted

House Floor Amendment

House Floor Amendment 1

Not Adopted

Roll Call Votes

Senate: Third Reading RSN# 2194
3/23/2022
30
Yea
7
Nay
0
Not Voting
1
Absent
Result: PASSED
House: Third Reading RCS# 193
3/1/2022
83
Yea
12
Nay
0
Not Voting
5
Absent
Result: PASSED

Status Information

Current Status
Passed(4/5/2022)
Chamber
House of Representatives
Sine Die

Documents

Introduced
Bill Text1/1/197043.8 KB
Engrossed
Bill Text1/1/197044.6 KB
Chaptered
Bill Text1/1/197037.1 KB
Local Mandate
Local Mandate1/1/19703.1 KB
Local Mandate
Local Mandate1/1/1970130.3 KB
Vote Image
Vote Image3/23/202240.4 KB