summary
Introduced
01/07/2021
01/07/2021
In Committee
01/07/2021
01/07/2021
Crossed Over
Passed
Dead
03/30/2021
03/30/2021
Introduced Session
2021 Regular Session
Bill 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 organizations; 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 Act; set out remedies available to a religious organization under this Act; specify how the Act is to be construed; require a religious organization to bring an action under this Act no later than 2 years from the date the person should have known of the discriminatory action.
AI Summary
This bill amends Kentucky law to provide additional protections for religious organizations during a declared emergency. Key provisions include:
- Prohibiting the government from prohibiting religious services to a greater extent than other essential businesses, though allowing for neutral health and safety requirements.
- Prohibiting the government from taking any "discriminatory action" against a religious organization based on its religious nature or activities.
- Defining "discriminatory action" broadly to include things like denying tax exemptions, grants, licenses, or other benefits.
- Allowing religious organizations to sue the government for violations and waiving sovereign/governmental immunity for such claims.
- Providing remedies like declaratory relief, injunctions, and damages for successful claims.
- Specifying the law should be construed broadly to protect religious exercise.
The overall intent is to ensure religious organizations can continue to operate and be treated equally to other essential entities during emergency declarations in Kentucky.
Sponsors (40)
Shane Baker (R)*,
Lynn Bechler (R),
John Blanton (R),
Adam Bowling (R),
Josh Bray (R),
Randy Bridges (R),
Josh Calloway (R),
Jennifer Decker (R),
Ryan Dotson (R),
Jim Duplessis (R),
Daniel Elliott (R),
Dan Fister (R),
Patrick Flannery (R),
Deanna Frazier Gordon (R),
Chris Fugate (R),
David Hale (R),
Richard Heath (R),
Regina Huff (R),
Thomas Huff (R),
Mary Beth Imes (R),
D.J. Johnson (R),
Kim King (R),
Norma Kirk-McCormick (R),
William Lawrence (R),
Matt Lockett (R),
Savannah Maddox (R),
C. Edward Massey (R),
Bobby McCool (R),
Shawn McPherson (R),
Jason Petrie (R),
Melinda Prunty (R),
Felicia Rabourn (R),
William Reed (R),
Steve Sheldon (R),
Nancy Tate (R),
Walker Thomas (R),
Ken Upchurch (R),
Russell Webber (R),
Bill Wesley (R),
Richard White (R),
Last Action
to Committee on Committees (H) (on 01/07/2021)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://apps.legislature.ky.gov/record/21RS/hb218.html |
| BillText | https://apps.legislature.ky.gov/recorddocuments/bill/21RS/hb218/orig_bill.pdf |
| Local Mandate Fiscal Impact | https://apps.legislature.ky.gov/recorddocuments/note/21RS/hb218/LM.pdf |
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