Rep. Marianne Proctor

Amend KRS 216B.020 to add various health facilities and services to the list of health facilities and services that are exempt from certificate of need requirements; amend KRS 216B.065 to exempt various health facilities and services from acquisition of facilities or major medical equipment notification and certificate of need requirements; amend KRS 216.380 to conform.

Create a new section of Subtitle17A of KRS Chapter 304 to require insurers and any exchange to provide a special enrollment period for pregnant individuals; specify requirements for coverage; require group plan insurers to provide notice of special enrollment rights; amend KRS 304.17A-145 to require health benefit plans that provide coverage for dependents to provide coverage for maternity care; amend KRS 304.17A-220 and 194A.099 to conform with the special enrollment requirement; amend KRS 18A.225 and 164.2871 to require the state employee health plan and self-insured state postsecondary education institution group health plans to comply with the special enrollment and maternity coverage requirements; create a new section of KRS Chapter 194A to define terms and provide for the payment of coverage premiums to eligible individuals; amend KRS 205.522 to require Medicaid coverage for maternity services; amend KRS 205.592 to allow the Medicaid income limit for certain women and children to be increased under certain circumstances; amend KRS 205.6485 to require Kentucky Children's Health Insurance Program to provide maternity coverage; amend KRS 164.2847 to provide for a waiver of tuition and mandatory fees for a child conceived and born as a result of sexual assault; amend KRS 164.2849 to declare the interests of the Commonwealth in protecting the unborn and supporting a child conceived and born as a result of sexual assault within established parameters; amend KRS 199.011 to define a child conceived and delivered as a result of sexual assault; amend KRS 199.473 to waive certain fees related to adoption proceedings; amend KRS 199.502 to include a conviction for specified criminal acts for an adoption without consent of the biological living parents; create a new section of KRS Chapter 199 to establish entitlement to nonrecurring adoption expenses under specified circumstances; amend KRS 199.894 to define terms; create a new section of KRS 199.892 to 199.8996 to establish the Child Care Assistance Program and establish eligibility requirements; create a new section of KRS Chapter 211 to direct the Cabinet to provide informational material on benefits available to a victim of sexual assault and a child conceived as a result of the sexual assault; amend KRS 216B.400 to establish requirements for receipt of specified benefits related to sexual assault that results in pregnancy; create a new section of KRS Chapter 49 to establish benefits available to a child born as a result of sexual assault; amend KRS 49.310 to conform; amend KRS 625.090 to add a conviction or guilty plea to any degree of rape, sexual abuse, or sexual misconduct as a basis to terminate parental rights; require the Cabinet for Health and Family Services to apply for a Medicaid waiver if potential cost defrayment or loss of federal funds is identified; provide that the Act may be cited as the Love Them Both Act; EFFECTIVE, in part, January 1, 2025.

Create a new section of KRS Chapter 189 to define terms related to automated license plate readers; establish limitations on use and sale of data captured by automated license plate readers; create a new section of KRS Chapter 183 to define terms and establish limitations on the use of an unmanned aircraft system; create a new section of KRS Chapter 411 to establish a cause of action for the unauthorized use of an unmanned aircraft system; create a new section of KRS Chapter 413 to establish a statute of limitations for an action filed for the unauthorized use of an unmanned aircraft system; create a new section of KRS Chapter 411 to define terms and establish limitations on "deep fakes"; create a new section of KRS Chapter 413 to establish a statute of limitations for an action filed for the unlawful dissemination of a deep fake; create a new section of KRS Chapter 411 to define terms and establish limitations on the introduction of identification devices on or within the human body; create a new section of KRS Chapter 413 to establish a statute of limitations for an action filed for introduction of an identification device; create a new section of KRS Chapter 519 to establish a criminal penalty for illegally disseminating a deep fake; amend KRS 508.152, relating to the unlawful use of tracking devices, to include the installation of a tracking device on the person or property of another without their consent and exempt parental tracking of minors from the prohibition.

Amend KRS 158.192 to require the local board of education to allow parents and guardians an opportunity to orally recite passages from materials, programs, or events subject to appeal; require immediate removal of the material, program, or event if the board denies a parent or guardian the opportunity to orally recite passages.

Create a new section of KRS Chapter 156 to prohibit the Kentucky Department of Education from complying with a provision of any administrative regulation or guidance issued by the United States Department of Education concerning Title IX that equates gender identity to biological sex, require school districts, public schools, and public charter schools to also comply, specify that the withholding of any federal funds shall not negate the requirements of this section; create a new section of KRS Chapter 164 to apply the same restrictions to the Council on Postsecondary Education and any public postsecondary educational institution.

Amend KRS 138.475 to exclude hybrid vehicles and hybrid motorcycles from the ownership fee paid annually when registering an electric or hybrid vehicle; amend KRS 186.010 and 186.050 to conform; make technical corrections; RETROACTIVE; EMERGENCY.

Create new sections of KRS Chapter 164 to define terms; prohibit a public postsecondary education institution from providing differential treatment or benefits on the basis of an individual's religion, race, sex, color, or national origin; from influencing the composition of the student body or scholarship recipients on the basis of religion, race, sex, color, or national origin; from implementing a student housing assignment plan on the basis of religion, race, color, or national origin with designated exceptions; from expending any resources on diversity, equity, and inclusion, the promotion of discriminatory topics, or bias incident investigations; from soliciting statements on an applicant's experience with or views on religion, race, sex, color, or national origin; from requiring a course or training on diversity, equity, and inclusion or discriminatory concepts as a program requirement; and from permitting credit from a course dedicated to the promotion of diversity, equity, and inclusion or discriminatory concepts to count towards the total number of credits required for a degree or certificate, or disseminating or profiting from any research, work product, or material that promotes or justifies discriminatory concepts of diversity, equity, and inclusion; establish exclusions; require each governing board of a public postsecondary education institution to amend the institution's policy on nondiscrimination to include a clause on ideological neutrality that prohibits institutional discrimination on the basis of an individual's political or social ideology; prohibit a public postsecondary education institution from requiring or encouraging any individual to endorse or condemn a specific political or social ideology or make any inquiry into the political or social ideology of students, faculty, and staff or from providing preferential or prejudicial consideration or treatment to an individual on the basis of that individual's actual or perceived political or social ideology; prohibit the Council on Postsecondary Education from providing differential treatment or benefits on the basis of an individual's religion, race, sex, color, or national origin or from expending any resources on diversity, equity, and inclusion or discriminatory topics; establish exclusions for legal compliance; require each governing board of a public postsecondary education institution to ensure compliance with specific sections of this Act no later than June 30, 2024; require the council and institutions to collaborate on a standardized procedure to consider denying transfer credit earned in courses dedicated to diversity, equity, and inclusion initiatives and to develop data collection and reporting methods; authorize the Attorney General to bring an action for a writ of mandamus to compel the council or a public postsecondary education institution to comply; create a cause of action to permit a qualified individual to file a civil action against council or a public postsecondary education institution for injunctive relief and damages arising from a violation of this Act; waive sovereign and governmental immunity; prohibit retaliation; require each public postsecondary education institution to submit and publish a certified annual report on governmentally mandated discrimination to the Legislative Research Commission by October 1 each year; provide that a public postsecondary education institution or the council cannot claim a federal, state, judicial, contractual, or accreditation mandate as a defense to a civil action filed under this Act unless the policy, practice, or procedure upon which the complaint is founded is listed and clearly and accurately described in the public institution's annual report on governmentally mandated discrimination; require the council to develop and publish an annual assessment to evaluate intellectual freedom and viewpoint diversity at public postsecondary education institutions; require each institution to annually distribute the assessment to all students, faculty, and staff and publish the results; require each public postsecondary education institution to provide the Personnel Cabinet and State Treasurer the name, job title, duty station, salary or wages, and amount of any contracted severance or other form of post-employment compensation of each employee of the institution by the twentieth day of each month beginning January 1, 2025, and to post its itemized annual budget; amend KRS 164.020 to prohibit the Council on Postsecondary Education from approving a degree, certificate, or diploma program that is not aligned with Section 2 of this Act; direct the Council on Postsecondary Education to consider alignment with Section 2 of this Act when considering the elimination of an existing program; direct each public postsecondary education institution and the Council on Postsecondary Education to discontinue designated programs and follow designated procedures when implementing this Act; provide specific instructions for public postsecondary education institutions and the Council on Postsecondary Education to follow in implementing this Act; direct public postsecondary education institutions and the council to submit a report on implementation of this Act; require public postsecondary education institutions to submit a series of reports on historical employment data for diversity, equity, and inclusion employees; EFFECTIVE, in part, February 1, 2025; EMERGENCY.

Amend KRS 216B.040 to require that the Cabinet for Health and Family conduct public hearings on certificate of need applications as requested by applicants for, or holders of, certificates of need and licenses; amend KRS 216B.062 to require that notice be given on the right of only applicants to request a hearing; amend KRS 216B.085 to require that only the applicant may request a public hearing within 15 days of a cabinet decision regarding an application; require that notice of the public hearing be given only to the applicant; require that only the applicant have the right to be represented by counsel at the public hearing; require that the cabinet notify only the applicant of the decision and that the decision is final unless a request for reconsideration is filed by only the applicant; amend KRS 216B.090 to permit only the applicant to request a hearing for purposes of reconsideration of the cabinet; amend KRS 216B.095 to delete notice of a cabinet decision regarding a request for a nonsubstantive review to any affected party; amend KRS 216B.115 to permit an appeal to the Franklin Circuit Court by the applicant of any final decision of the cabinet regarding an application to be made .

Create new sections of Subchapter 1 of KRS Chapter 224 to make findings and declarations regarding the dangers of atmospheric polluting activities and the Commonwealth's authority to prohibit geoengineering; define terms; prohibit geoengineering; require the Department for Environmental Protection to issue a notice to any federal agency that has approved geoengineering activities that those activities cannot be lawfully carried out in the Commonwealth; require the department to prohibit foreign states or international bodies that engage in geoengineering from engaging in any atmospheric activities over the Commonwealth; require the department to publish quarterly notices in newspapers of general circulation and on its website to encourage the public to monitor and report geoengineering activities; allow individuals to submit evidence of geoengineering to the department; require any local or state official to report any information regarding suspected geoengineering activity to the department within 24 hours; require the department to investigate reports of excessive electromagnetic radiation or fields caused by humans; amend KRS 224.99-010 to make knowingly engaging in geoengineering a Class D felony and subject to a civil penalty of not less than $500,000.

Amend KRS 141.019 to exclude all distributions from military pension plans received by retired members of the United States military and their surviving spouses or former spouse under a survivor benefit plan from income taxation for taxable years beginning on or after January 1, 2025, but before January 1, 2029; require reporting by the Department of Revenue; amend KRS 131.190 to conform.