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AN ACT relating to religious freedom during a declared emergency. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
ď˘Section 1. KRS 39A.100 is amended to read as follows: 3
(1) In the event of the occurrence or threatened or impending occurrence of any of the 4
situations or events enumerated in KRS 39A.010, 39A.020, or 39A.030, the 5
Governor may declare, in writing, that a state of emergency exists. The Governor 6
shall have and may exercise the following emergency powers during the period in 7
which the state of emergency exists: 8
(a) To enforce all laws, and administrative regulations relating to disaster and 9
emergency response and to assume direct operational control of all disaster 10
and emergency response forces and activities in the Commonwealth; 11
(b) To require state agencies and to request local governments, local agencies, and 12
special districts to respond to the emergency or disaster in the manner 13
directed; 14
(c) To seize, take, or condemn property, for the duration of the emergency, and 15
only for public use as defined in KRS 416.675, excluding firearms and 16
ammunition, components of firearms and ammunition, or a combination 17
thereof, for the protection of the public or at the request of the President, the 18
Armed Forces, or the Federal Emergency Management Agency of the United 19
States, including: 20
1. All means of transportation and communication; 21
2. All stocks of fuel of whatever nature; 22
3. Food, clothing, equipment, materials, medicines, and all supplies; and 23
4. Facilities, including buildings and plants, but excluding houses of 24
worship, except to the extent that such houses have become unsafe to 25
a degree that would justify condemnation in the absence of a state of 26
emergency. 27 UNOFFICIAL COPY 22 RS HB 43/GA
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Compensation for property seized, taken, or condemned under this paragraph 1
shall be determined using the process in KRS 416.540 to 416.670 to 2
determine value; 3
(d) To sell, lend, give, or distribute any of the property under paragraph (c) of this 4
subsection among the inhabitants of the Commonwealth and to account to the 5
State Treasurer for any funds received for the property; 6
(e) To make compensation for the property seized, taken, or condemned under 7
paragraph (c) of this subsection; 8
(f) To exclude all nonessential, unauthorized, disruptive, or otherwise 9
uncooperative personnel from the scene of the emergency, and to command 10
those persons or groups assembled at the scene to disperse. A person who 11
refuses to leave an area in which a written order of evacuation has been issued 12
in accordance with a written declaration of emergency or a disaster may be 13
forcibly removed to a place of safety or shelter, or may, if this is resisted, be 14
arrested by a peace officer. Forcible removal or arrest shall not be exercised as 15
options until all reasonable efforts for voluntary compliance have been 16
exhausted; 17
(g) To declare curfews and establish their limits; 18
(h) To prohibit or limit the sale or consumption of goods, in the event of a 19
shortage of goods, excluding firearms and ammunition, components of 20
firearms and ammunition, or a combination thereof, or commodities for the 21
duration of the emergency; 22
(i) To grant emergency authority to pharmacists pursuant to KRS 315.500, for the 23
duration of the emergency; 24
(j) To request any assistance from agencies of the United States as necessary and 25
appropriate to meet the needs of the people of the Commonwealth; 26
(k) Upon the recommendation of the Secretary of State, to declare by executive 27 UNOFFICIAL COPY 22 RS HB 43/GA
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order a different time or place for holding elections in an election area for 1
which a state of emergency has been declared for part or all of the election 2
area. The election shall be held within thirty-five (35) days from the date of 3
the suspended or delayed election. The executive order shall remain in effect 4
until the date of the suspended or delayed election regardless of the time 5
limitations in KRS 39A.090 and shall not be changed except by action of the 6
General Assembly. The State Board of Elections shall establish procedures for 7
election officials to follow. Any procedures established under this paragraph 8
shall be subject to the approval of the Secretary of State and the Governor by 9
respective executive orders; and 10
(l) Except as prohibited by this section or other law, to take action necessary to 11
execute those powers enumerated in paragraphs (a) to (k) of this subsection. 12
(2) Within thirty (30) days of a declared emergency, and every thirty (30) days 13
thereafter, the Governor shall report to the General Assembly, if in session, or to the 14
Legislative Research Commission if the General Assembly is not in session, on a 15
form provided by the Commission detailing: 16
(a) All expenditures relating to contracts issued during the emergency under KRS 17
45A.085 or 45A.095, or under any provision for which a state agency does not 18
solicit bids or proposals for a contract; and 19
(b) All revenues received from the federal government in response to the declared 20
emergency, any expenditures or expenditure plan for the federal funds by 21
federal program, the state agency or program that was allocated the federal 22
funds, and any state fund expenditures required to match the federal funds. 23
(3) In the event of the occurrence or threatened or impending occurrence of any of the 24
situations or events contemplated by KRS 39A.010, 39A.020, or 39A.030, which in 25
the judgment of a local chief executive officer is of such severity or complexity as 26
to require the exercise of extraordinary emergency measures, the county 27 UNOFFICIAL COPY 22 RS HB 43/GA
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judge/executive of a county other than an urban-county government, or mayor of a 1
city or urban-county government, or chief executive of other local governments or 2
their designees as provided by ordinance of the affected county, city, or urban-3
county may declare in writing that a state of emergency exists, and thereafter, 4
subject to any orders of the Governor, shall have and may exercise for the period as 5
the state of emergency exists or continues, the following emergency powers: 6
(a) To enforce all laws and administrative regulations relating to disaster and 7
emergency response and to direct all local disaster and emergency response 8
forces and operations in the affected county, city, urban-county, or charter 9
county; 10
(b) To exclude all nonessential, unauthorized, disruptive, or uncooperative 11
personnel from the scene of the emergency, and to command persons or 12
groups of persons at the scene to disperse. A person who refuses to leave an 13
area in which a written order of evacuation has been issued in accordance with 14
a written declaration of emergency or a disaster may be forcibly removed to a 15
place of safety or shelter, or may, if this is resisted, be arrested by a peace 16
officer. Forcible removal or arrest shall not be exercised as options until all 17
reasonable efforts for voluntary compliance have been exhausted; 18
(c) To declare curfews and establish their limits; 19
(d) To order immediate purchase or rental of, contract for, or otherwise procure, 20
without regard to procurement codes or budget requirements, the goods and 21
services essential for protection of public health and safety or to maintain or to 22
restore essential public services; and 23
(e) To request emergency assistance from any local government or special district 24
and, through the Governor, to request emergency assistance from any state 25
agency and to initiate requests for federal assistance as are necessary for 26
protection of public health and safety or for continuation of essential public 27 UNOFFICIAL COPY 22 RS HB 43/GA
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services. 1
(4) Nothing in this section shall be construed to allow any governmental entity to 2
impose additional restrictions on: 3
(a) The lawful possession, transfer, sale, transport, carrying, storage, display, or 4
use of firearms and ammunition or components of firearms and ammunition; 5
(b) The right of the people to exercise free speech, freedom of the press, to 6
petition their government for redress of injuries, or to peaceably assemble; or 7
(c) The right of the people to worship, worship in person, or to act or refuse to act 8
in a manner motivated by a sincerely held religious belief. 9
(5) Nothing in this section shall be construed to allow any governmental entity to 10
impose restrictions on the right of the people to: 11
(a) Peaceably assemble; or 12
(b) Worship, worship in person, or to act or refuse to act in a manner motivated 13
by a sincerely held religious belief. 14
(6) (a) A governmental entity shall not prohibit or restrict a religious organization 15
from operating or engaging in religious services during a declared 16
emergency to the same or any greater extent than other organizations or 17
businesses that provide essential services necessary and vital to the health 18
and welfare of the public are prohibited or restricted. 19
(b) Paragraph (a) of this subsection shall not prohibit the Governor from 20
requiring religious organizations to comply with neutral health, safety, or 21
occupancy requirements that are applicable to all organizations and 22
businesses that provide essential services. However, no health, safety, or 23
occupancy requirement may impose a substantial burden on a religious 24
organization or its services unless applying the burden to the religion or 25
religious service in the particular instance is essential to further a 26
compelling governmental interest and is the least restrictive means of 27 UNOFFICIAL COPY 22 RS HB 43/GA
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furthering that compelling governmental interest. 1
(c) A governmental entity shall not take any discriminatory action against a 2
religious organization. 3
(7) As used in this section: 4
(a) "Discriminatory action" includes any action taken by a governmental entity 5
wholly or partially on the basis that such organization is religious, operates 6
or seeks to operate during a state of emergency, or engages in the exercise 7
of religion as protected under the First Amendment to the Constitution of 8
the United States to: 9
1. Adversely alter in any way the tax treatment of, cause any tax, penalty, 10
or payment to be assessed against, or deny, delay, or otherwise make 11
unavailable an exemption from taxation; 12
2. Disallow, deny, or otherwise make unavailable a deduction for state 13
tax purposes of any charitable contribution made to or by a religious 14
organization; 15
3. Impose, levy, or assess a monetary fine, fee, civil or criminal penalty, 16
damages award, or injunction; or 17
4. Withhold, reduce, exclude, terminate, adversely alter the terms or 18
conditions of, or otherwise make unavailable or deny any: 19
a. State grant, contract, subcontract, cooperative agreement, 20
guarantee, loan, scholarship, or other similar benefit from or to 21
a religious organization; 22
b. Entitlement or benefit under a state benefit program from or to a 23
religious organization; or 24
c. License, certification, accreditation, recognition, or other similar 25
benefit, position, or status from or to any religious organization; 26
(b) "Governmental entity" means: 27 UNOFFICIAL COPY 22 RS HB 43/GA
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1. The Commonwealth or any of its political subdivisions; 1
2. Any agency of the state described in KRS 12.020; 2
3. Any person acting under color of state law; and 3
4. Any private person suing under or attempting to enforce a law, rule, 4
or administrative regulation adopted by the state or any of its political 5
subdivisions; 6
(c) "Religious organization" means: 7
1. A house of worship, including churches, synagogues, shrines, 8
mosques, and temples; 9
2. A religious group, corporation, association, educational institution, 10
ministry, order, society, or similar entity, regardless of whether it is 11
integrated or affiliated with a church or other house of worship; or 12
3. Any officer, owner, employee, manager, religious leader, clergy, or 13
minister of an entity or organization described in this paragraph; and 14
(d) "Religious services" means a meeting, gathering, or assembly of two (2) or 15
more persons organized by a religious organization for the purpose of 16
worship, teaching, training, providing educational services, conducting 17
religious rituals, or other activities that are deemed necessary by the 18
religious organization for the exercise of religion. 19
(8) A religious organization may assert a violation of subsection (4)(c), (5)(b), or (6) 20
of this section as a claim against a governmental entity in any judicial or 21
administrative proceeding or as a defense in any judicial or administrative 22
proceeding without regard to whether the proceeding is brought by or in the 23
name of the governmental entity, any private person, or any other party. 24
Sovereign, governmental, and qualified immunity are waived to the extent of 25
liability created under this section. An action asserting a violation of this section 26
may be commenced, and relief may be granted, without regard to whether the 27 UNOFFICIAL COPY 22 RS HB 43/GA
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religious organization commencing the action has sought or exhausted 1
administrative remedies. 2
(9) Remedies available to a religious organization under this section against a 3
governmental entity include: 4
(a) Declaratory relief; 5
(b) Injunctive relief to prevent or remedy a violation of this section or the 6
effects of such violation; 7
(c) Compensatory damages for pecuniary and nonpecuniary losses; 8
(d) Reasonable attorneys' fees and costs; and 9
(e) Any other appropriate relief. 10
(10) Remedies available to a religious organization under this section against a person 11
not acting under color of state law shall be limited to declaratory and injunctive 12
relief. 13
(11) This section: 14
(a) Shall be construed in favor of a broad protection of free exercise of 15
religion; 16
(b) Shall be in addition to the protections provided under state and federal laws 17
and constitutions. Nothing in this section shall be construed to: 18
1. Preempt or repeal any state law or local ordinance that is equally or 19
more protective of free exercise of religion; or 20
2. Narrow the meaning or application of any state law or local ordinance 21
protecting free exercise of religion; and 22
(c) Applies to, and in cases of conflict, supersedes: 23
1. Each statute of the Commonwealth that infringes upon the free 24
exercise of religion protected by this section, unless a conflicting 25
statute is expressly made exempt from the application of this section; 26
and 27 UNOFFICIAL COPY 22 RS HB 43/GA
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2. Any ordinance, rule, administrative regulation, order, opinion, 1
decision, practice, or other exercise of a governmental entity's 2
authority that infringes upon the free exercise of religion protected by 3
this section. 4
(12) A religious organization shall bring an action to assert a claim under this section 5
no later than two (2) years from the date the person knew or should have known 6
that a discriminatory action or other violation of this section was taken against 7
that religious organization. 8