Text of KY HB 106 (2017)

UNOFFICIAL COPY AS OF 01/04/17 17 RS BR 845 Page 1 of 15 BR084500.100 - 845 - XXXX Jacketed AN ACT relating to public accommodations. 1 Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2 SECTION 1. A NEW SECTION OF KRS CHAPTER 12 IS CREATED TO 3 READ AS FOLLOWS: 4 (1) As used in this section: 5 (a) "Biological sex" means the physical condition of being male or female as 6 stated on the person's birth certificate; 7 (b) "Multiple occupancy bathroom or changing facility" means a location 8 designed or designated to be used by more than one (1) person at a time 9 where persons may be in various stages of undress in the presence of other 10 persons. A multiple occupancy bathroom or changing facility may include a 11 restroom, locker room, changing room, or shower room; and 12 (c) "Single occupancy bathroom or changing facility" means a location 13 designed or designated to be used by only one (1) person at a time where a 14 person may be in various stages of undress. A single occupancy bathroom 15 or changing facility may include a single stall restroom designated as 16 unisex or for use based on biological sex. 17 (2) Every multiple occupancy bathroom or changing facility under control of the 18 executive branch of state government shall be designated for and used only by 19 persons based on their biological sex. 20 (3) Nothing in this section shall prohibit accommodations such as a single 21 occupancy bathroom or changing facility, or controlled use of facilities upon a 22 request to the Finance and Administration Cabinet due to special circumstances. 23 However, no accommodation by the cabinet shall allow a person to use a multiple 24 occupancy bathroom or changing facility designated under subsection (2) of this 25 section for a sex other than the person's biological sex. 26 (4) This section shall not apply to persons entering a multiple occupancy bathroom 27 UNOFFICIAL COPY AS OF 01/04/17 17 RS BR 845 Page 2 of 15 BR084500.100 - 845 - XXXX Jacketed or changing facility designated for use by the opposite sex: 1 (a) For custodial purposes; 2 (b) For maintenance or inspection purposes; 3 (c) To render medical assistance; 4 (d) To accompany a person needing assistance when the assisting individual is 5 an employee or authorized volunteer of the executive branch of state 6 government, the person's relative, or an authorized caregiver; 7 (e) To receive assistance in using the facility; 8 (f) To accompany a person other than a person needing assistance; or 9 (g) That has been temporarily designated for use by that person's biological 10 sex. 11 SECTION 2. A NEW SECTION OF KRS CHAPTER 65 IS CREATED TO 12 READ AS FOLLOWS: 13 (1) As used in this section: 14 (a) "Biological sex" means the physical condition of being male or female as 15 stated on the person's birth certificate; 16 (b) "Multiple occupancy bathroom or changing facility" means a location 17 designed or designated to be used by more than one (1) person at a time 18 where persons may be in various stages of undress in the presence of other 19 persons. A multiple occupancy bathroom or changing facility may include a 20 restroom, locker room, changing room, or shower room; and 21 (c) "Single occupancy bathroom or changing facility" means a location 22 designed or designated to be used by only one (1) person at a time where a 23 person may be in various stages of undress. A single occupancy bathroom 24 or changing facility may include a single stall restroom designated as 25 unisex or for use based on biological sex. 26 (2) Every multiple occupancy bathroom or changing facility under control of a city, 27 UNOFFICIAL COPY AS OF 01/04/17 17 RS BR 845 Page 3 of 15 BR084500.100 - 845 - XXXX Jacketed county, urban-county, consolidated local government, charter county, or unified 1 local government shall be designated for and used only by persons based on their 2 biological sex. 3 (3) Nothing in this section shall prohibit accommodations such as a single 4 occupancy bathroom or changing facility, or controlled use of facilities upon a 5 request to the applicable city, county, urban-county, consolidated local 6 government, charter county, or unified local government due to special 7 circumstances. However, no accommodation shall allow a person to use a 8 multiple occupancy bathroom or changing facility designated under subsection 9 (2) of this section for a sex other than the person's biological sex. 10 (4) This section shall not apply to persons entering a multiple occupancy bathroom 11 or changing facility designated for use by the opposite sex: 12 (a) For custodial purposes; 13 (b) For maintenance or inspection purposes; 14 (c) To render medical assistance; 15 (d) To accompany a person needing assistance when the assisting individual is 16 an employee or authorized volunteer of the city, county, urban-county, 17 consolidated local government, charter county, or unified local government, 18 the person's relative, or an authorized caregiver; 19 (e) To receive assistance in using the facility; 20 (f) To accompany a person other than a person needing assistance; or 21 (g) That has been temporarily designated for use by that person's biological 22 sex. 23 SECTION 3. A NEW SECTION OF KRS CHAPTER 21A IS CREATED TO 24 READ AS FOLLOWS: 25 (1) As used in this section: 26 (a) "Biological sex" means the physical condition of being male or female as 27 UNOFFICIAL COPY AS OF 01/04/17 17 RS BR 845 Page 4 of 15 BR084500.100 - 845 - XXXX Jacketed stated on the person's birth certificate; 1 (b) "Multiple occupancy bathroom or changing facility" means a location 2 designed or designated to be used by more than one (1) person at a time 3 where persons may be in various stages of undress in the presence of other 4 persons. A multiple occupancy bathroom or changing facility may include a 5 restroom, locker room, changing room, or shower room; and 6 (c) "Single occupancy bathroom or changing facility" means a location 7 designed or designated to be used by only one (1) person at a time where a 8 person may be in various stages of undress. A single occupancy bathroom 9 or changing facility may include a single stall restroom designated as 10 unisex or for use based on biological sex. 11 (2) Every multiple occupancy bathroom or changing facility under control of the 12 Court of Justice shall be designated for and used only by persons based on their 13 biological sex. 14 (3) Nothing in this section shall prohibit accommodations such as a single 15 occupancy bathroom or changing facility, or controlled use of facilities upon a 16 request to the Court of Justice due to special circumstances. However, no 17 accommodation by the Court of Justice shall allow a person to use a multiple 18 occupancy bathroom or changing facility designated under subsection (2) of this 19 section for a sex other than the person's biological sex. 20 (4) This section shall not apply to persons entering a multiple occupancy bathroom 21 or changing facility designated for use by the opposite sex: 22 (a) For custodial purposes; 23 (b) For maintenance or inspection purposes; 24 (c) To render medical assistance; 25 (d) To accompany a person needing assistance when the assisting individual is 26 an employee or authorized volunteer of the Court of Justice, the person's 27 UNOFFICIAL COPY AS OF 01/04/17 17 RS BR 845 Page 5 of 15 BR084500.100 - 845 - XXXX Jacketed relative, or an authorized caregiver; 1 (e) To receive assistance in using the facility; 2 (f) To accompany a person other than a person needing assistance; or 3 (g) That has been temporarily designated for use by that person's biological 4 sex. 5 SECTION 4. A NEW SECTION OF KRS CHAPTER 160 IS CREATED TO 6 READ AS FOLLOWS: 7 (1) As used in this section: 8 (a) "Biological sex" means the physical condition of being male or female as 9 stated on the person's birth certificate; 10 (b) "Multiple occupancy bathroom or changing facility" means a location 11 designed or designated to be used by more than one (1) person at a time 12 where students may be in various stages of undress in the presence of other 13 persons. A multiple occupancy bathroom or changing facility may include a 14 school restroom, locker room, changing room, or shower room; and 15 (c) "Single occupancy bathroom or changing facility" means a location 16 designed or designated to be used by only one (1) person at a time where 17 students may be in various stages of undress. A single occupancy bathroom 18 or changing facility may include a single stall restroom designated as 19 unisex or for use based on biological sex. 20 (2) Boards of education shall require every multiple occupancy bathroom or 21 changing facility that is designated for student use to be designated for and used 22 only by students based on their biological sex. 23 (3) Nothing in this section shall prohibit boards of education from providing 24 accommodations such as a single occupancy bathroom or changing facility, or 25 controlled use of faculty facilities upon a request due to special circumstances. 26 However, no accommodation by a board of education shall allow a student to use 27 UNOFFICIAL COPY AS OF 01/04/17 17 RS BR 845 Page 6 of 15 BR084500.100 - 845 - XXXX Jacketed a multiple occupancy bathroom or changing facility designated under subsection 1 (2) of this section for a sex other than the student's biological sex. 2 (4) This section shall not apply to persons entering a multiple occupancy bathroom 3 or changing facility designated for use by the opposite sex: 4 (a) For custodial purposes; 5 (b) For maintenance or inspection purposes; 6 (c) To render medical assistance; 7 (d) To accompany a student needing assistance when the assisting individual is 8 an employee or authorized volunteer of the board of education, the student's 9 parent, or an authorized caregiver; 10 (e) To receive assistance in using the facility; 11 (f) To accompany a person other than a student needing assistance; or 12 (g) That has been temporarily designated for use by that person's biological 13 sex. 14 Section 5. KRS 7.100 is amended to read as follows: 15 It shall be the duty of the Legislative Research Commission to: 16 (1) Maintain in the State Capitol or State Capitol Annex for the use and information of 17 the General Assembly, a legislative reference room and working library; collect, 18 summarize, and index information of a legislative and governmental nature relating 19 to legislation and legislative policies and index all bills introduced in the General 20 Assembly. Permanent office space for the Legislative Research Commission and for 21 the director thereof and employees or subcommittees shall be provided on the third 22 floor of the State Capitol. When the General Assembly is not in session, the 23 Commission shall have jurisdiction over the use of the House and Senate chambers 24 and over the allocation of all rooms used by the General Assembly while in session. 25 The Commission may provide for such other office space as it may deem necessary. 26 (2) Make or cause to be made such investigations into statute law, legislation, 27 UNOFFICIAL COPY AS OF 01/04/17 17 RS BR 845 Page 7 of 15 BR084500.100 - 845 - XXXX Jacketed governmental agencies and institutions, and matters of public policy as will aid the 1 General Assembly in performing its duties in the most efficient and economical 2 manner. In making such studies and investigations between the regular sessions of 3 the General Assembly, the Commission shall give priority to those subjects 4 requested by the General Assembly. The Commission shall promptly consider any 5 requests of the General Assembly by bill or resolution for the creation of task 6 forces, committees, subcommittees, or other entities for the purpose of studying or 7 reviewing issues or subjects. Provisions of the bill or resolution to the contrary 8 notwithstanding, the Commission, in its sole discretion, may grant or deny the 9 request to create an entity or alternatively assign the subject matter of the proposed 10 study or review to an existing committee or task force, including interim joint 11 subcommittees of the Commission. 12 (3) Afford to any member of the General Assembly or any committee of either house of 13 the General Assembly such information and assistance as may be practicable in the 14 preparation of bills, memorials, resolutions, amendments, alterations and changes 15 thereto, and revisions and substitutes thereof, proposed to be introduced into the 16 General Assembly. 17 (4) The Commission, at the close of each legislative session, shall assume custody of 18 all furniture, equipment, records, materials and supplies, and printed copies of bills 19 in the possession of the clerks of the Senate and House. Immediately prior to the 20 convening of the next session, the Commission shall transfer all furniture, 21 equipment, materials, and supplies to the clerks of the respective houses. The 22 Commission may, when the General Assembly is not in session, authorize the 23 expenditure of funds appropriated to the General Assembly for the purchase, repair, 24 or maintenance of furniture, equipment, materials, and supplies and contract for 25 services needed by the General Assembly. 26 (5) The Commission shall prepare and publish or contract for the preparation and 27 UNOFFICIAL COPY AS OF 01/04/17 17 RS BR 845 Page 8 of 15 BR084500.100 - 845 - XXXX Jacketed publishing of a daily index and digest of the content of and legislative action on all 1 measures introduced in the General Assembly. 2 (6) After each election the Commission shall conduct a pre-session orientation 3 conference for members of the General Assembly. 4 (7) The Commission shall notify the members of the General Assembly of the reports 5 filed with the Commission for distribution to the members of the General Assembly 6 and of the reports and publications of the Commission which are available for the 7 members of the General Assembly. Each member of the General Assembly shall 8 indicate upon a form provided by the Commission which reports shall be forwarded 9 to the member. 10 (8) Conduct, while the General Assembly is not in session, any and all business of the 11 legislative department of government, except for the passage of legislation, which 12 could be conducted by the legislative department of government or the General 13 Assembly if the General Assembly were in session. 14 (9) Conduct such other business and possess such other powers and duties as may be 15 assigned or authorized by the General Assembly by statute or otherwise. 16 (10) (a) Require every multiple occupancy bathroom or changing facility under its 17 control to be designated for and only used by persons based on their 18 biological sex. Nothing in this subsection shall prohibit the Commission 19 from providing accommodations such as a single occupancy bathroom or 20 changing facility upon a person's request due to special circumstances. 21 However, no accommodation by the Commission shall allow a person to use 22 a multiple occupancy bathroom or changing facility designated under this 23 subsection for a sex other than a person's biological sex. 24 (b) As used in this subsection: 25 1. "Biological sex" means the physical condition of being male or 26 female as stated on the person's birth certificate; 27 UNOFFICIAL COPY AS OF 01/04/17 17 RS BR 845 Page 9 of 15 BR084500.100 - 845 - XXXX Jacketed 2. "Multiple occupancy bathroom or changing facility" means a 1 location designed or designated to be used by more than one (1) 2 person at a time where persons may be in various stages of undress in 3 the presence of other persons. A multiple occupancy bathroom or 4 changing facility may include a restroom, locker room, changing 5 room, or shower room; and 6 3. "Single occupancy bathroom or changing facility" means a location 7 designed or designated to be used by only one (1) person at a time 8 where persons may be in various stages of undress. A single 9 occupancy bathroom or changing facility may include a single stall 10 restroom designated as unisex or for use based on biological sex. 11 (c) This subsection shall not apply to persons entering a multiple occupancy 12 bathroom or changing facility designated for use by the opposite sex: 13 1. For custodial purposes; 14 2. For maintenance or inspection purposes; 15 3. To render medical assistance; 16 4. To accompany a person needing assistance when the assisting 17 individual is an employee or authorized volunteer of the Commission, 18 a person's relative, or an authorized caregiver; 19 5. To receive assistance in using the facility; 20 6. To accompany a person other than the person needing assistance; or 21 7. That has been temporarily designated for use by that person's 22 biological sex. 23 Section 6. KRS 164A.575 is amended to read as follows: 24 (1) The governing boards of each institution may elect to purchase interest in real 25 property, contractual services, rentals of all types, supplies, materials, equipment, 26 printing, and services, except that competitive bids may not be required for: 27 UNOFFICIAL COPY AS OF 01/04/17 17 RS BR 845 Page 10 of 15 BR084500.100 - 845 - XXXX Jacketed (a) Contractual services where no competition exists; 1 (b) Food, clothing, equipment, supplies, or other materials to be used in 2 laboratory and experimental studies; 3 (c) Instructional materials available from only one (1) source; 4 (d) Where rates are fixed by law or ordinance; 5 (e) Library books; 6 (f) Commercial items that are purchased for resale; 7 (g) Professional, technical, scientific, or artistic services, but contracts shall be 8 submitted in accordance with KRS 45A.690 to 45A.725; 9 (h) All other commodities, equipment, and services which, in the reasonable 10 discretion of the board, are available from only one (1) source; and 11 (i) Interests in real property. 12 (2) Nothing in this section shall deprive the boards from negotiating with vendors who 13 maintain a General Services Administration price agreement with the United States 14 of America or any agency thereof, provided, however, that no contract executed 15 under this provision shall authorize a price higher than is contained in the contract 16 between General Services Administration and the vendor affected. 17 (3) The governing board shall require the institution to take and maintain inventories of 18 plant and equipment. 19 (4) The governing board shall establish procedures to identify items of common general 20 usage among all departments to foster volume purchasing. It shall establish and 21 enforce schedules for purchasing supplies, materials, and equipment. 22 (5) The governing board shall have power to salvage, to exchange, and to condemn 23 supplies, equipment, and real property. 24 (6) Upon the approval of the secretary of the Finance and Administration Cabinet, the 25 governing board may purchase or otherwise acquire all real property determined to 26 be needed for the institution's use. The amount paid shall not exceed the appraised 27 UNOFFICIAL COPY AS OF 01/04/17 17 RS BR 845 Page 11 of 15 BR084500.100 - 845 - XXXX Jacketed value as determined by a qualified appraiser or the value set by the eminent domain 1 procedure. Any real property acquired under this section shall be in name of the 2 Commonwealth for the use and benefit of the institution. 3 (7) The governing board shall sell or otherwise dispose of all real or personal property 4 of the institution which is not needed or has become unsuitable for public use, or 5 would be more suitable consistent with the public interest for some other use, as 6 determined by the board. The determination of the board shall be set forth in an 7 order, and shall be reached only after review of a written request by the institution 8 desiring to dispose of the property. Such request shall describe the property and 9 state the reasons why the institution believes disposal should be effected. All 10 instruments required by law to be recorded which convey any interest in any such 11 real property so disposed of shall be executed and signed by the appropriate officer 12 of the board. Unless the board deems it in the best interest of the institution to 13 proceed otherwise, all such real or personal property shall be sold either by 14 invitation of sealed bids or by public auction; provided, however, that the selling 15 price of any interest in real property shall not be less than the appraised value 16 thereof as determined by the Finance and Administration Cabinet or the 17 Transportation Cabinet for such requirements of that department. 18 (8) Real property or any interest therein may, subject to the provisions of KRS Chapter 19 45A, be purchased, leased, or otherwise acquired from any officer or employee of 20 any board of the institution, based upon a written application by the grantor or 21 lessor approved by the board, that the employee has not either himself or through 22 any other person influenced or attempted to influence either the board requesting the 23 purchase of the property. In any case in which such an acquisition is consummated, 24 the said request and finding shall be recorded and kept by the Secretary of State 25 along with the other documents recorded pursuant to the provisions of KRS Chapter 26 56. 27 UNOFFICIAL COPY AS OF 01/04/17 17 RS BR 845 Page 12 of 15 BR084500.100 - 845 - XXXX Jacketed (9) (a) As used in this section, "construction manager-agency," "construction 1 management-at-risk," "design-bid-build," "design-build," and "construction 2 manager-general contractor" shall have the same meaning as in KRS 45A.030. 3 (b) For capital construction projects, the procurement may be on a total design- 4 bid-build basis, a design-build basis, construction manager-general contractor 5 basis, or construction management-at-risk basis, whichever in the judgment of 6 the board offers the best value to the taxpayer. Best value shall be determined 7 in accordance with KRS 45A.070. Proposals shall be reviewed by the 8 institution's engineering staff to assure quality and value, and compliance with 9 procurement procedures. All specifications shall be written to promote 10 competition. Services for projects delivered on the design-build basis, 11 construction manager-general contractor basis, or construction management- 12 at-risk basis shall be procured in accordance with KRS 45A.180, KRS 13 45A.183, and the regulations promulgated in accordance with KRS 45A.180. 14 Nothing in this section shall prohibit the procurement of construction 15 manager-agency services. 16 (10) The governing board shall attempt in every practicable way to insure the 17 institution's supplying its real needs at the lowest possible cost. To accomplish this 18 the board may enter into cooperative agreements with other public or private 19 institutions of education or health care. 20 (11) The governing board shall have control and supervision over all purchases of energy 21 consuming equipment, supplies, and related equipment purchased or acquired by 22 the institution, and shall designate by regulation the manner in which an energy 23 consuming item will be purchased so as to promote energy conservation and 24 acquisition of energy efficient products. 25 (12) The governing board may negotiate directly for the purchase of contractual services, 26 supplies, materials, or equipment in bona fide emergencies regardless of estimated 27 UNOFFICIAL COPY AS OF 01/04/17 17 RS BR 845 Page 13 of 15 BR084500.100 - 845 - XXXX Jacketed costs. The existence of the emergency must be fully explained, in writing, by the 1 vice president responsible for business affairs and such explanation must be 2 approved by the university president. The letter and approval shall be filed with the 3 record of all such purchases. Where practical, standard specifications shall be 4 followed in making emergency purchases. A good faith effort shall be made to 5 effect a competitively established price for emergency purchases. 6 (13) (a) All governing boards that purchase agricultural products, as defined by KRS 7 45A.630, shall, on or before January 1 of each year, provide a report to the 8 Legislative Research Commission and to the Department of Agriculture 9 describing the types, quantities, and costs of each product purchased. The 10 report shall be completed on a form provided by the department. 11 (b) If purchasing agricultural products, a governing board shall encourage the 12 purchase of Kentucky-grown agricultural products in accordance with KRS 13 45A.645. If a governing board purchases agricultural products through a 14 contract with a vendor or food service provider, the contract shall require that 15 if Kentucky-grown agricultural products are purchased, the products shall be 16 purchased in accordance with KRS 45A.645. Only contracts entered into or 17 renewed after July 15, 2008, shall be required to comply with the provisions 18 of this subsection. 19 (c) All governing boards that purchase Kentucky-grown agricultural products 20 shall, on or before January 1 of each year, provide a report to the Legislative 21 Research Commission and to the Department of Agriculture describing the 22 types, quantities, and costs of each product purchased. The report shall be 23 completed on a form provided by the department. 24 (14) Governing boards shall apply the reciprocal resident bidder preference described in 25 KRS 45A.494 prior to the award of any contract. 26 (15) Governing boards may authorize the use of reverse auctions as defined in KRS 27 UNOFFICIAL COPY AS OF 01/04/17 17 RS BR 845 Page 14 of 15 BR084500.100 - 845 - XXXX Jacketed 45A.070 for the procurement of goods and leases. 1 (16) (a) As used in this subsection: 2 1. "Biological sex" means the physical condition of being male or 3 female as stated on the person's birth certificate; 4 2. "Multiple occupancy bathroom or changing facility" means a 5 location designed or designated to be used by more than one (1) 6 person at a time where persons may be in various stages of undress in 7 the presence of other persons. A multiple occupancy bathroom or 8 changing facility may include a restroom, locker room, changing 9 room, or shower room; and 10 3. "Single occupancy bathroom or changing facility" means a location 11 designed or designated to be used by only one (1) person at a time 12 where persons may be in various stages of undress. A single 13 occupancy bathroom or changing facility may include a single stall 14 restroom designated as unisex or for use based on biological sex. 15 (b) A governing board shall require every multiple occupancy bathroom or 16 changing facility under its control to be designated for and only used by 17 persons based on their biological sex. Nothing in this subsection shall 18 prohibit the board from providing accommodations such as a single 19 occupancy bathroom or changing facility upon a person's request due to 20 special circumstances. However, no accommodation by the governing board 21 shall allow a person to use a multiple occupancy bathroom or changing 22 facility designated under this subsection for a sex other than a person's 23 biological sex. 24 (c) This subsection shall not apply to persons entering a multiple occupancy 25 bathroom or changing facility designated for use by the opposite sex: 26 1. For custodial purposes; 27 UNOFFICIAL COPY AS OF 01/04/17 17 RS BR 845 Page 15 of 15 BR084500.100 - 845 - XXXX Jacketed 2. For maintenance or inspection purposes; 1 3. To render medical assistance; 2 4. To accompany a person needing assistance when the assisting 3 individual is an employee or authorized volunteer of the board, a 4 person's relative, or an authorized caregiver; 5 5. To receive assistance in using the facility; 6 6. To accompany a person other than the person needing assistance; or 7 7. That has been temporarily designated for use by that person's 8 biological sex. 9