Trans Legislation Tracker

Kentucky

We are tracking 13 anti-trans bills in Kentucky in 2023. The legislation impacts 6 categories:

HEALTHCARE

EDUCATION

BATHROOM

BIRTH CERTIFICATES

PERFORMANCE

SPORTS

KY HB120

HEALTHCARE
FAILED

AN ACT relating to children's health.

Create new sections of KRS Chapter 311 to prohibit the provision of or referral for gender transition procedures to any child under the age of 18 years; define a violation as unprofessional conduct and acting recklessly for purposes of tort claims; permit an action on a violation to be taken by the parent or guardian of the child before the child attains the age of 18 years and by the child within 30 years of the child attaining the age of 18 years, with exceptions under which the time may be longer; require conditions for actions and damages; prohibit public funds to be used for the provision of or referral for gender transition procedures to a child under the age of 18 years; prohibit health care services provided under state, local, or county government to include gender transition procedures to a child under the age of 18 years; prohibit tax exemption for gender transition procedures; prohibit a person or entity from aiding or abetting the performance or inducement of gender transition procedures to a child under the age of 18 years, but exempt speech protected by the First Amendment to the Constitution of the United States and exempt a parent of such child; permit the Attorney General to bring action to enforce provisions; permit members of the General Assembly to intervene as a matter of right if these provisions are challenged; create a new section of KRS Chapter 205 to prohibit Medicaid coverage of gender transition procedures for a child under the age of 18 years; create a new section of Subtitle 17A of KRS Chapter 304 to prohibit health benefit plan coverage, including federal government health plans, for gender transition procedures for a child under the age of 18 years and any requirement for coverage of gender transition procedures; amend KRS 141.019 and 141.039 to prohibit tax exemption for gender transition procedures; establish a short title of Kentucky's Children Deserve Help Not Harm Act; EFFECTIVE January 1, 2024.

KY HB173

EDUCATION
FAILED

AN ACT relating to education.

Create new sections of KRS Chapter 158 to define terms; make legislative findings and declarations on the rights of parents as it relates to public schools and establish a standard to protect those rights; require public schools to establish a process to receive complaints of violations; create a cause of action for violations and establish limitations; establish specific parental rights as related to public schools; require public schools to adopt policies to protect those rights; require the Kentucky Department of Education to eliminate regulations in violation and develop recommended policies to public schools for compliance; make findings and declarations related to privacy of parents and children and require public schools to adopt policies to safeguard those rights; establish a cause of action for a child encountering a person of the opposite biological sex while in a location where there is a reasonable expectation of bodily privacy; create a cause of action for those who are forced by a public school to share private quarters with specific people of the opposite biological sex and provide exclusions; make findings and declarations relating to controversial subject matter in common schools; establish a parental right of not having a child indoctrinated into any political position or being involved in advocacy in a controversial subject matter; establish limitations on school personnel related to instruction and discussion on sexual orientation, sexual preference, or gender expression; establish limitations on school personnel advocacy in the scope of employment and actions based on the immutable characteristics of students; prohibit compelling school personnel to advocate for or against anything in opposition to sincerely held beliefs and convictions; require public schools to adopt enforcement policies; establish limitations; establish a parental right to expect a child not be exposed to or given access to harmful to minors, pervasively vulgar, or obscene matter or performance or obscene imagery representing minors; require that public schools adopt policies to protect that right by making those materials and performances inaccessible and prohibit matters and performances harmful to minors, drag performances, pervasively vulgar performances, obscene performances, and any performance involving sexual conduct, nudity, or stripping; provide that none of the materials identified shall be deemed to have educational value for minors; establish limitations; amend KRS 158.148 to establish a parental right to expect a child will not be bulled at school and require public schools adopt policies to ensure notification and support of bullying victims, require an order of reporting to staff, require specific time requirements for investigations; provide for an appeal and review of incidents; require identification of actions to prevent future acts of bullying or retaliation; require procedures for supporting victims; establish a short title of the Childhood Protection in Education Act.

KY HB177

EDUCATION
FAILED

AN ACT relating to children and declaring an emergency.

Create new sections of KRS Chapter 405 to establish definitions; provide for parental rights; establish that no governmental entity shall substantially burden the rights of parents unless required by a compelling governmental interest of the highest order and in the least restrictive means; establish specific rights of parents, with some limitations; provide that specific governmental employees shall not encourage or coerce a child to withhold information from a parent; recognize additional rights beyond those enumerated; require local boards of education or boards of directors of public charter schools to adopt specific policies to promote involvement of parents in education; allow the Kentucky Department of Education to provide consultation and model policies that shall not be binding on schools; require a report from the Kentucky Department of Education on the consultation and model policies provided to schools; require obtaining parental consent prior to procuring, soliciting to perform, arranging for the performance of, providing a referral for, or providing medical or mental health services to a child; require verification of identity for remote parental consent; establish limits of the applicability of the requirement; establish a cause of action for violation; establish terms and conditions for the cause of action; waive sovereign, governmental, and qualified immunity; specify applicability; amend KRS 160.715 to provide a procedure for requesting, inspecting, and reviewing specific information held by a school district or public charter school; and amend KRS 214.185 to establish the conditions required for providing medical or mental health services to a minor without consent of the parent or legal guardian; EMERGENCY.

KY HB30

BATHROOM
FAILED

AN ACT relating to public school facilities and declaring an emergency.

Create new sections of KRS Chapter 158 to define terms; establish legislative findings; ensure that student privacy exists in school restrooms, locker rooms, and shower rooms; require students born male to use only those facilities designated to be used by males and students born female to use only those facilities designated to be used by females; require schools to provide the best available accommodation to students who assert that their gender is different from their biological sex; identify consequences for using facilities designated for the opposite biological sex; EMERGENCY.

KY HB470

HEALTHCARE
FAILED

AN ACT relating to the protection of children.

Create new sections of KRS Chapter 311 to define terms; state that the provision of gender transition services to a person under the age of 18 years by a health care provider or mental health care provider is unethical and unprofessional conduct; require an investigation of any report of provision of gender transition services to a person under the age of 18 years; require revocation of the provider's license if confirmed and termination of public funding for a public employee; require that providers be jointly and severally liable for all damages and costs sustained for providing gender transition services or aiding and assisting a person under the age of 18 years to consider or to obtain gender transition services; provide defense to providers refusing to provide services; make failure to report provision of gender transition services a crime; permit an action on a violation to be taken by the parent or guardian of a person before the person attains the age of 18 years and by the person within 30 years of the person attaining the age of 18 years, with exceptions under which the time may be longer; require conditions for actions and damages; prohibit use of public funds for gender transition services; prohibit a provider employed by a public agency to provide include gender transition procedures; permit the Attorney General to bring action to enforce provisions; permit intervention as a matter of right if these provisions are challenged; prohibit a public provider from intervening in a legal proceeding in defense of the provision of gender transition services; create a new section of KRS Chapter 205 to prohibit Medicaid coverage of gender transition procedures for a person under age 18 years; create a new section of Subtitle12 of KRS Chapter 304 to establish liability provisions if an insurer elects to cover gender transition services; amend KRS 18A.225 to prohibit a fully insured benefit plan or self-insured plan for public employees from covering gender transition services for a person under the age of 18 years; amend KRS 454.210 to add to court permission to exercise personal jurisdiction over a person who acts directly or by an agent, as to a claim arising from the person's engaging in the provision of gender transition services to a person under the age of 18 years; create a new section of KRS Chapter 158 to prohibit a public school counselor, school-based mental health services provider, or other public employee from aiding or assisting in the provision of gender transition services for a person under the age of 18 years; establish liability provisions; require school notification of parents of child's expression of sex or gender inconsistency with exceptions; amend KRS 141.039 to require that corporate income relating to the provision of gender transition services to a person under age 18 years be added to net income; amend KRS 213.121 to prohibit a registered certificate or report from being amended if the purpose is to assist with a social or physical gender transition; amend KRS 401.020 to prohibit a court to order a name change if the purpose is to assist with a social or physical gender transition; create a new section of KRS Chapter 600 to prohibit the Department of Juvenile Justice from classifying a detainee by a sex that is inconsistent with defined sex; allow the Act to be cited as the Do No Harm Act; EFFECTIVE January 1, 2024.

KY HB58

HEALTHCARE
FAILED

AN ACT relating to protecting the exercise of medical ethics within the medical profession.

Create new sections of KRS Chapter 344 to define terms; prohibit discrimination against medical care providers who decline to perform procedures that violate their conscience; grant providers the right not to participate in or pay for services that violate their conscience; exempt providers from liability for exercising these rights; establish a civil cause of action for persons injured by violations of these provisions; EMERGENCY.

KY HB585

BIRTH CERTIFICATES
FAILED

AN ACT relating to birth certificates.

Amend KRS 213.046, 213.056, and 213.071 to require the biological sex designation on a birth certificate to be either male or female and prohibit a nonbinary or any symbol representing a nonbinary designation including the letter "X."

KY HR95

EDUCATION
FAILED

A RESOLUTION urging the Kentucky Board of Education to dismiss Jason E. Glass from the office of Commissioner of Education.

Urge the Kentucky Board of Education to dismiss Jason E. Glass from the office of Commissioner of Education for his actions related to interfering with parental rights and exacerbating the teacher workforce shortage.

KY SB102

EDUCATION
FAILED

AN ACT relating to education.

Create new sections of KRS Chapter 158 to define terms; make legislative findings and declarations on the rights of parents as it relates to public schools and establish a standard to protect those rights; require public schools to establish a process to receive complaints of violations; create a cause of action for violations and establish limitations; establish specific parental rights as related to public schools; require public schools to adopt policies to protect those rights; require the Kentucky Department of Education to eliminate administrative regulations in violation and develop recommended policies to public schools for compliance; make findings and declarations related to privacy of parents and children and require public schools to adopt policies to safeguard those rights; establish a cause of action for a child encountering a person of the opposite biological sex while in a location where there is a reasonable expectation of bodily privacy; create a cause of action for those who are forced by a public school to share private quarters with specific people of the opposite biological sex and provide exclusions; make findings and declarations relating to controversial subject matter in common schools; establish a parental right of not having a child indoctrinated into any political position or being involved in advocacy in a controversial subject matter; establish limitations on school personnel related to instruction and discussion on sexual orientation, sexual preference, or gender expression; establish limitations on school personnel advocacy in the scope of employment and actions based on the immutable characteristics of students; prohibit compelling school personnel to advocate for or against anything in opposition to sincerely held beliefs and convictions; require public schools to adopt enforcement policies; establish limitations; establish a parental right to expect a child not be exposed to or given access to harmful to minors, pervasively vulgar, or obscene matter or performance or obscene imagery representing minors; require that public schools adopt policies to protect that right by making those materials and performances inaccessible and prohibit matters and performances harmful to minors, drag performances, pervasively vulgar performances, obscene performances, and any performance involving sexual conduct, nudity, or stripping; provide that none of the materials identified shall be deemed to have educational value for minors; establish limitations; amend KRS 158.148 to establish a parental right to expect a child will not be bulled at school and require public schools adopt policies to ensure notification and support of bullying victims, require an order of reporting to staff, require specific time requirements for investigations; provide for an appeal and review of incidents; require identification of actions to prevent future acts of bullying or retaliation; require procedures for supporting victims; establish a short title of the Childhood Protection in Education Act.

KY SB115

PERFORMANCE
FAILED

AN ACT relating to adult performances.

Create new sections of KRS Chapter 231 to express the findings of the General Assembly relating to adult-oriented businesses and the need for regulation; define terms; establish distance parameters for the location of adult-oriented businesses in proximity to identified entities and locations; establish transition provisions for existing businesses; affirm the authority of local governmental units to supplement regulation of adult-oriented businesses.

KY SB145

SPORTS
PASSED

AN ACT relating to interscholastic athletics.

Amend KRS 156.070 to remove the statutory eligibility restriction for nonresident student participation in interscholastic athletics; retain eligibility authority with the agency designated to manage interscholastic athletics.

KY SB150

EDUCATION
PASSED

AN ACT relating to children.

Create a new section of KRS Chapter 158 to establish definitions; require specific parental notifications from public schools; require school districts to adopt specific procedures related to parental rights; limit authority of the Kentucky Board of Education and Kentucky Department of Education in relation to parental rights and a student's use of pronouns; prohibit district or school policies with the intent of keeping student information confidential for parents; prohibit a school district from requiring school personnel or pupils to use pronouns for students that do not conform to that student's biological sex; provide school districts and district personnel authority to seek emergency medical services for a student; provide conditions for student confidentiality; amend KRS 158.1415 to establish requirements for any public school's course, curriculum, or program on the subject of human sexuality.

KY SR260

EDUCATION
FAILED

A RESOLUTION urging the Kentucky Board of Education to dismiss Jason E. Glass from the office of Commissioner of Education.

Urge the Kentucky Board of Education to dismiss Jason E. Glass from the office of Commissioner of Education for his actions related to interfering with parental rights and exacerbating the teacher workforce shortage.