Text of KY HB 9 (2024)

UNOFFICIAL COPY 24 RS BR 262 Page 1 of 33 XXXX 1/18/2024 6:04 PM Jacketed AN ACT relating to postsecondary education and declaring an emergency. 1 Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2 SECTION 1. A NEW SECTION OF KRS CHAPTER 164 IS CREATED TO 3 READ AS FOLLOWS: 4 As used in Sections 1 to 8 of this Act: 5 (1) "Affiliated organization" means an entity whose primary purpose includes 6 supporting or benefitting an institution or an officer, director, or employee of an 7 institution; 8 (2) "Bias incident" means noncriminal conduct that: 9 (a) Is alleged to constitute an act or statement against a particular group or 10 towards an individual because of his or her characteristics or membership 11 or perceived membership in a particular group; 12 (b) Would not rise to the level of student-on-student harassment even if all facts 13 alleged were taken as true; and 14 (c) Is not subject to mandatory investigation pursuant to applicable state or 15 federal law; 16 (3) "Bias incident investigation" means an investigation of an alleged bias incident 17 by a committee or individual assigned by an institution and does not include any 18 investigation required pursuant to applicable state or federal law; 19 (4) "Binding contract" means any grant, endowment, settlement agreement, 20 commercial contract, or other legally enforceable agreement entered into by or on 21 behalf of an institution; 22 (5) "Council" means the Council on Postsecondary Education; 23 (6) "Differential treatment or benefits" means: 24 (a) Differential, preferential, or prejudicial treatment or consideration; or 25 (b) To confer or withhold a benefit; 26 (7) "Discriminatory concepts" means concepts: 27 UNOFFICIAL COPY 24 RS BR 262 Page 2 of 33 XXXX 1/18/2024 6:04 PM Jacketed (a) Presenting as truth, rather than as a subject for inquiry, that an existing 1 structure, system, or relation of power, privilege, or subordination persists 2 on the basis of oppression, colonialism, socioeconomic status, religion, race, 3 sex, color, or national origin; or 4 (b) Justifying or promoting differential treatment or benefits conferred to 5 individuals on the basis of religion, race, sex, color, or national origin, 6 unless the differential treatment or benefits are excluded from diversity, 7 equity, and inclusion initiatives under subsection (8)(b) of this section; 8 (8) (a) "Diversity, equity, and inclusion initiatives" means: 9 1. Policies, practices, or procedures designed or implemented to promote 10 or provide differential treatment or benefits to individuals on the basis 11 of religion, race, sex, color, or national origin, including but not 12 limited to any such policy, practice, or procedure related to 13 employment, employee recruitment, employee hiring, employee 14 promotion, contracts, contract renewal, student recruitment, student 15 admission, student housing, financial assistance, or scholarship 16 awards; or 17 2. A training, conference, presentation, meeting, or professional 18 development containing, implementing, or promoting discriminatory 19 concepts; and 20 (b) Does not include: 21 1. A policy, practice, procedure, office, employee, training, program, or 22 activity that is required pursuant to: 23 a. The Americans with Disabilities Act of 1990, 42 U.S.C. sec. 24 12101 et seq., as amended; 25 b. The Individuals with Disabilities Education Act, 20 U.S.C. sec. 26 1400 et seq., as amended; 27 UNOFFICIAL COPY 24 RS BR 262 Page 3 of 33 XXXX 1/18/2024 6:04 PM Jacketed c. The federal Age Discrimination in Employment Act of 1967, 29 1 U.S.C. sec. 621 et seq., as amended; 2 d. The federal Civil Rights Act of 1964, Pub. L. No. 88-352, as 3 amended; 4 e. Title IX of the Education Amendments of 1972, 20 U.S.C. sec. 5 1681 et seq.; 6 f. Any other applicable federal or state law; 7 g. A court order; or 8 h. A binding contract entered into prior to the effective date of this 9 Act; 10 2. Bona fide qualifications or accommodations based on sex that are 11 historically maintained in the usual course of operating an institution, 12 including but not limited to: 13 a. Sex-based athletic eligibility restrictions; 14 b. Sex-based fraternal organization membership restrictions; 15 c. Sex-based restrictions required to maintain separate living 16 facilities for members of a single biological sex; and 17 d. Bona fide occupational qualifications reasonably necessary to 18 the normal operation of the institution; 19 3. Differential treatment or benefits necessary to provide medical 20 treatment; or 21 4. Services and programming of resource centers, provided that student, 22 faculty, staff, and volunteer access to center services and participation 23 in center programming is voluntary and is not restricted on the basis 24 of religion, race, sex, color, or national origin; 25 (9) "Diversity, equity, and inclusion office" means an office, division, or other unit 26 of an institution that is: 27 UNOFFICIAL COPY 24 RS BR 262 Page 4 of 33 XXXX 1/18/2024 6:04 PM Jacketed (a) Responsible for developing, implementing, or promoting discriminatory 1 concepts or diversity, equity, and inclusion initiatives, regardless of whether 2 the office is designated by the institution as a diversity, equity, and inclusion 3 office; and 4 (b) Not expressly required pursuant to applicable federal or state law, a court 5 order, or a binding contract entered into prior to the effective date of this 6 Act; 7 (10) "Diversity, equity, and inclusion officer" means an employee, contractor, or 8 volunteer: 9 (a) Whose responsibilities include developing, implementing, or promoting 10 discriminatory concepts or diversity, equity, and inclusion initiatives, 11 regardless of whether the position is designated as a diversity, equity, and 12 inclusion position or affiliated with a diversity, equity, and inclusion office; 13 and 14 (b) Who serves in a role that is not expressly required pursuant to applicable 15 federal or state law, a court order, or a binding contract entered into prior 16 to the effective date of this Act; 17 (11) "Diversity, equity, and inclusion training" means a training, conference, 18 presentation, meeting, or professional development that: 19 (a) Contains, implements, or promotes discriminatory concepts or diversity, 20 equity, and inclusion initiatives; and 21 (b) Is not expressly required pursuant to applicable federal or state law, a court 22 order, or a binding contract entered into prior to the effective date of this 23 Act; 24 (12) "Governing board" means the governing board of an institution; 25 (13) "Institution" means a public postsecondary education institution and includes all 26 programs, departments, divisions, offices, centers, colleges, student governments, 27 UNOFFICIAL COPY 24 RS BR 262 Page 5 of 33 XXXX 1/18/2024 6:04 PM Jacketed affiliated organizations, and any individual acting in an official capacity on 1 behalf of a public postsecondary institution and does not include student 2 organizations; 3 (14) "Qualified individual" means: 4 (a) An individual enrolled in an institution; 5 (b) A parent or guardian of a student under the age of eighteen (18) who is 6 enrolled in an institution; 7 (c) An individual who is employed by the institution or the council; or 8 (d) A candidate or applicant for student admission, student housing, financial 9 assistance, scholarship awards, employment, employee promotion, employee 10 contract, or employee contract renewal; 11 (15) "Resource" means: 12 (a) Moneys appropriated by the General Assembly; 13 (b) Moneys or items of value derived from bequests, charges, deposits, 14 donations, endowments, fees, grants, gifts, income, receipts, tuition, or any 15 other source; 16 (c) Facilities, materials, and other physical resources; 17 (d) Digital resources, including an official website, digital application, or social 18 media page of an institution; or 19 (e) Faculty, staff, volunteers, and other human resources; 20 (16) "Resource center" means a center maintained by an institution that offers 21 services and programming for students, faculty, staff, and volunteers, including 22 but not limited to centers that offer academic, health, religious, disability, 23 community, and career resources, services, and support; and 24 (17) "Student-on-student harassment" means unwelcome conduct directed toward a 25 student that is so severe, pervasive, and objectively offensive that it effectively 26 denies equal access to an educational opportunity or benefit. 27 UNOFFICIAL COPY 24 RS BR 262 Page 6 of 33 XXXX 1/18/2024 6:04 PM Jacketed SECTION 2. A NEW SECTION OF KRS CHAPTER 164 IS CREATED TO 1 READ AS FOLLOWS: 2 (1) An institution shall not: 3 (a) Except as provided in subsection (2)(n) and (o) of this section, provide any 4 differential treatment or benefits to an individual, including a candidate or 5 applicant for employment, promotion, contract, contract renewal, or 6 admission, on the basis of the individual's religion, race, sex, color, or 7 national origin; 8 (b) Manipulate or influence the composition of the student body on the basis of 9 religion, race, sex, color, or national origin; 10 (c) Except as provided in subsection (2)(l) of this section: 11 1. Impose any scholarship criteria or scholarship eligibility restriction 12 on, or provide differential treatment or benefits to, a scholarship 13 applicant, candidate, or recipient on the basis of an individual's 14 religion, race, sex, color, or national origin; or 15 2. Execute or renew any legally binding restriction that would require an 16 institution to consider the religion, race, sex, color, or national origin 17 of a scholarship applicant, candidate, or recipient; 18 (d) Prioritize or provide preferential consideration for vendors, contracts, or 19 other transactions based upon the religion, race, sex, color, or national 20 origin of the ownership, management, or staff of any business or nonprofit 21 entity; 22 (e) Make student housing assignments on the basis of religion, sex, race, color, 23 or national origin unless an exception is necessary to: 24 1. Maintain separate living facilities for members of a single biological 25 sex; or 26 2. Permit need-based access to student housing facilities during school 27 UNOFFICIAL COPY 24 RS BR 262 Page 7 of 33 XXXX 1/18/2024 6:04 PM Jacketed breaks, provided that room assignments are not implemented in a 1 discriminatory manner or segregated by religion, race, color, or 2 national origin; 3 (f) Expend any resources to: 4 1. Establish or maintain a diversity, equity, and inclusion office; 5 2. Contract or employ an individual to serve as a diversity, equity, and 6 inclusion officer; 7 3. Provide diversity, equity, and inclusion training or contribute to any 8 cost associated with planning, promoting, hosting, traveling to, 9 attending, presenting, or otherwise participating in diversity, equity, 10 and inclusion training; 11 4. Establish or maintain diversity, equity, and inclusion initiatives; 12 5. Promote or justify discriminatory concepts; 13 6. Except as provided in subsection (2)(k) of this section, purchase, 14 promote, or distribute any content or materials that promote or justify 15 discriminatory concepts or diversity, equity, and inclusion initiatives, 16 including but not limited to any video, book, document, research 17 article, creative work, or other work published or produced by an 18 individual associated with the institution; or 19 7. Maintain a bias incident investigation, once an investigation can be 20 reasonably identified as such; 21 (g) On an application for employment, promotion, contract, contract renewal, 22 admission, housing, financial aid, or scholarship, solicit or consider any 23 pledge or statement on an applicant's experience with or views on religion, 24 race, sex, color, or national origin, except an institution may: 25 1. Consider an unsolicited statement of an applicant for admission or 26 scholarship concerning how a matter relating to religion, race, sex, 27 UNOFFICIAL COPY 24 RS BR 262 Page 8 of 33 XXXX 1/18/2024 6:04 PM Jacketed color, or national origin affected his or her life, but the institution 1 shall not use any such statement to provide differential treatment or 2 benefits based upon the race, sex, religion, color, or national origin of 3 the applicant; and 4 2. Require an applicant for housing to disclose his or her biological sex 5 for the purpose of maintaining separate living facilities for members 6 of a single biological sex; 7 (h) Require any student to enroll in or complete a course or training dedicated 8 to the promotion or justification of discriminatory concepts or diversity, 9 equity, and inclusion initiatives as a mandatory graduation, program, 10 certificate, or degree requirement; 11 (i) Require or incentivize any member of faculty or staff to attend a diversity, 12 equity, and inclusion training; 13 (j) Permit credit from a course dedicated to the promotion or justification of 14 discriminatory concepts or diversity, equity, and inclusion initiatives earned 15 after July 1, 2024, to count towards the total number of credits required for 16 a degree or certificate; or 17 (k) Except as provided in subsection (2)(k) of this section, disseminate or profit 18 from any research, work product, or material that promotes or justifies 19 discriminatory concepts or diversity, equity, and inclusion initiatives. 20 (2) Notwithstanding subsection (1) of this section, nothing in this section shall be 21 construed to apply to or affect any of the following: 22 (a) Rights secured by the First Amendment of the United States Constitution or 23 Section 1 of Constitution of Kentucky; 24 (b) Academic course content; 25 (c) Academic freedom of faculty, students, and student organizations; 26 (d) Academic research or creative works by an institution’s students, faculty, or 27 UNOFFICIAL COPY 24 RS BR 262 Page 9 of 33 XXXX 1/18/2024 6:04 PM Jacketed research personnel that are not purchased, sold, distributed, or promoted by 1 the institution; 2 (e) The distribution of grant funding for academic research; 3 (f) Religious freedom of faculty, students, and student organizations; 4 (g) Publications and the freedom of expression of student newspapers and 5 university press; 6 (h) Activities, funding, conduct, speech, and freedom of association of student- 7 led organizations, or the conduct or speech of students acting on their own 8 behalf or otherwise acting in a private capacity; 9 (i) Activities, programs, and initiatives for military veterans, Pell Grant 10 recipients, first-generation college students, low-income students, 11 nontraditional students, transfer students from the Kentucky Community 12 and Technical College System, or students with unique abilities; 13 (j) Arrangements for guest speakers and performers with short-term 14 engagements; 15 (k) The purchase of materials for university library inventory and the access of 16 the public to university library inventory; 17 (l) Endowments for privately funded scholarships that existed before the 18 effective date of this Act that require an institution to consider the religion, 19 race, sex, color, or national origin of a scholarship applicant or candidate 20 until the balance of corpus is exhausted; 21 (m) Mental or physical health services provided by certified or licensed 22 professionals; 23 (n) Bona fide qualifications or accommodations based on sex that are 24 historically maintained in the usual course of operating an institution and 25 do not constitute diversity, equity, and inclusion initiatives, as defined in 26 Section 1 of this Act; 27 UNOFFICIAL COPY 24 RS BR 262 Page 10 of 33 XXXX 1/18/2024 6:04 PM Jacketed (o) Bona fide qualifications based on national origin that are related to the 1 eligibility of an individual for a visa; or 2 (p) The ability of an institution to investigate criminal acts or acts of 3 discrimination in accordance with applicable federal and state law. 4 (3) (a) Notwithstanding subsection (1) of this section, nothing in this section shall 5 be construed to prohibit programs, procedures, policies, and other initiatives 6 required for compliance with federal or state law, a court order, or a 7 binding contract entered into prior to the effective date of this Act. 8 (b) All trainings, programs, or activities designed or implemented by an 9 institution to be in compliance with applicable federal or state law shall be 10 developed by an attorney and approved in writing by the institution’s 11 general counsel. 12 (4) Each governing board shall ensure compliance with this section no later than 13 June 30, 2024. 14 SECTION 3. A NEW SECTION OF KRS CHAPTER 164 IS CREATED TO 15 READ AS FOLLOWS: 16 (1) No later than June 30, 2024, each governing board shall: 17 (a) Amend the institution's policy on nondiscrimination to include a clause on 18 ideological neutrality that prohibits discrimination on the basis of an 19 individual's political or social ideology and promotes intellectual diversity 20 within the institution; and 21 (b) Publish the amended policy in the institution's student handbook and 22 faculty handbook and on a prominent, publicly accessible page of the 23 institution's website. 24 (2) An institution shall not require or encourage any individual to endorse or 25 condemn a specific political or social ideology. 26 (3) An institution shall not provide preferential or prejudicial consideration or 27 UNOFFICIAL COPY 24 RS BR 262 Page 11 of 33 XXXX 1/18/2024 6:04 PM Jacketed treatment to an individual on the basis of that individual's actual or perceived 1 political or social ideology. 2 (4) Each governing board shall ensure compliance with this section no later than 3 June 30, 2024. 4 SECTION 4. A NEW SECTION OF KRS CHAPTER 164 IS CREATED TO 5 READ AS FOLLOWS: 6 (1) The council shall not: 7 (a) Provide any differential treatment or benefits to an individual on the basis 8 of the individual's religion, race, sex, color, or national origin; 9 (b) Expend any resources to: 10 1. Establish or maintain a diversity, equity, and inclusion office; 11 2. Contract with or employ an individual to serve as a diversity, equity, 12 and inclusion officer; 13 3. Provide diversity, equity, and inclusion training or contribute to any 14 cost associated with planning, promoting, hosting, traveling to, 15 attending, presenting, or otherwise participating in diversity, equity, 16 and inclusion training; 17 4. Establish or maintain diversity, equity, and inclusion initiatives; or 18 5. Promote or justify discriminatory concepts; or 19 (c) Solicit or consider as part of the application process any statements on the 20 applicant's religion, race, sex, color, or national origin. 21 (2) The council shall collaborate with the institutions to: 22 (a) Develop and implement a statewide standardized procedure to consider 23 whether to deny potential transfer credit earned from a course based upon 24 whether the: 25 1, Course was dedicated to the promotion or justification of 26 discriminatory concepts or diversity, equity, and inclusion initiatives; 27 UNOFFICIAL COPY 24 RS BR 262 Page 12 of 33 XXXX 1/18/2024 6:04 PM Jacketed and 1 2. Credit was earned after July 1, 2024; and 2 (b) Develop uniform data collection and reporting methods to facilitate and 3 ensure the council's and institutions' compliance with paragraph (a) of this 4 subsection and subsection (1)(j) of Section 2 of this Act. 5 (3) Nothing in this section shall be construed to prohibit programs, procedures, 6 policies, and other initiatives required for compliance with federal or state law, a 7 court order, or a binding contract entered into prior to the effective date of this 8 Act. 9 SECTION 5. A NEW SECTION OF KRS CHAPTER 164 IS CREATED TO 10 READ AS FOLLOWS: 11 (1) The Attorney General may bring a civil action for a writ of mandamus to compel: 12 (a) An institution to comply with Sections 2, 3, 6, 7, and 8 of this Act and 13 subsection (3) of this section; or 14 (b) The council to comply with Sections 4, 7, and 9 of this Act and subsection 15 (3) of this section. 16 (2) (a) Notwithstanding any provision of law to the contrary, a qualified individual 17 may file a civil action against the council or an institution for injunctive 18 relief and any actual compensatory damages arising from a violation of 19 Sections 1 to 8 or 9 of this Act or subsection (3) of this section, including 20 reasonable attorney's fees and litigation costs. A civil action brought under 21 this section may be brought in the Circuit Court of the county in which: 22 1. All or a substantial part of the events or omissions giving rise to the 23 civil action occurred; 24 2. The principal office of the institution or council is located; or 25 3. The claimant resides, if the claimant is an individual and resides in 26 the Commonwealth. 27 UNOFFICIAL COPY 24 RS BR 262 Page 13 of 33 XXXX 1/18/2024 6:04 PM Jacketed (b) Sovereign and governmental immunity are waived for any claim filed under 1 this subsection and arising from a violation of Sections 1 to 8 or 9 of this 2 Act or subsection (3) of this section. 3 (c) The remedies identified in this section shall be in addition to, and not in lieu 4 of, any other remedies available in law or equity. 5 (3) The council or an institution shall not use, or threaten the use of, any official 6 authority or influence to discourage, interfere with, or otherwise retaliate against 7 any qualified individual who in good faith: 8 (a) Files or is about to file a civil action against the council or an institution in 9 accordance with subsection (2) of this section; or 10 (b) Supports, aids, or substantiates a civil action filed or about to be filed in 11 accordance with subsection (2) of this section. 12 SECTION 6. A NEW SECTION OF KRS CHAPTER 164 IS CREATED TO 13 READ AS FOLLOWS: 14 (1) No later than October 1 of each year, each institution shall submit a certified 15 report on governmentally mandated discrimination to the Legislative Research 16 Commission for referral to the Interim Joint Committee on Education, and shall 17 publish the report to a prominent, publicly accessible location on the institution's 18 website. Each report shall contain a complete list and description of the nature, 19 costs, and source of authority of all policies, programs, practices, and procedures 20 of the institution that are: 21 (a) Designed or implemented to promote or provide differential treatment or 22 benefits to individuals on the basis of religion, race, sex, color, or national 23 origin; and 24 (b) Required pursuant to any applicable federal or state law, a court order, or a 25 binding contract entered into prior to the effective date of this Act. 26 (2) An institution or the council shall not claim, assert, or rely upon a governmental 27 UNOFFICIAL COPY 24 RS BR 262 Page 14 of 33 XXXX 1/18/2024 6:04 PM Jacketed mandate as a defense to a civil action filed by the Attorney General or a qualified 1 individual in accordance with Section 5 of this Act unless that mandate was listed 2 and clearly and accurately described in: 3 (a) The institution's most recent annual report on governmentally mandated 4 discrimination required by subsection (1) of this section prior to the date the 5 events or omissions giving rise to the civil action occurred; or 6 (b) An addendum to the institution's most recent annual report on 7 governmentally mandated discrimination required by subsection (1) of this 8 section that was published: 9 1. Prior to the date the events or omissions giving rise to the civil action 10 occurred; and 11 2. In the same location on the institution's website as the report required 12 by subsection (1) of this section. 13 SECTION 7. A NEW SECTION OF KRS CHAPTER 164 IS CREATED TO 14 READ AS FOLLOWS: 15 (1) No later than October 1, 2024, the council shall develop and publish an annual 16 assessment on intellectual freedom and viewpoint diversity which uses objective, 17 nonpartisan, and statistically valid survey techniques to evaluate the extent to 18 which the students, faculty, and staff of an institution: 19 (a) Are exposed to a variety of ideological and political perspectives, including 20 competing ideas and perspectives; and 21 (b) Feel at liberty to express their ideological and political viewpoints and 22 beliefs on campus and in the classroom. 23 (2) By November 1 of each year, each institution shall distribute the council's annual 24 assessment on intellectual freedom and viewpoint diversity published by the 25 council to every student enrolled in the institution, each faculty member, and all 26 staff employed or contracted by the institution. The communication distributing 27 UNOFFICIAL COPY 24 RS BR 262 Page 15 of 33 XXXX 1/18/2024 6:04 PM Jacketed the annual assessment shall be clearly identified and shall not be combined with 1 any other communication. 2 (3) The institution shall provide students, faculty, and staff at least thirty (30) days 3 from the date the annual assessment on intellectual freedom and viewpoint 4 diversity is initially distributed to respond to the assessment. The institution shall 5 provide a reminder to students, faculty, and staff to complete the assessment at 6 least three (3) business days prior to the deadline to submit a response to the 7 annual assessment on intellectual freedom and viewpoint diversity. The reminder 8 shall be clearly identified and shall not be combined with any other 9 communication. 10 (4) Each institution shall collect and store responses to the annual assessment on 11 intellectual freedom and viewpoint diversity anonymously and securely. 12 (5) Each institution shall compile all responses to its annual assessment on 13 intellectual freedom and viewpoint diversity into an annual report on intellectual 14 freedom and viewpoint diversity to be submitted to the council no later than 15 January 1 of each year. The council shall publish the annual report on 16 intellectual freedom and viewpoint diversity submitted by each institution to a 17 prominent, publicly accessible location on the council's website no later than 18 January 7 of each year. 19 SECTION 8. A NEW SECTION OF KRS CHAPTER 164 IS CREATED TO 20 READ AS FOLLOWS: 21 (1) (a) Beginning January 1, 2025, each institution shall provide the State 22 Treasurer and the Personnel Cabinet with the name, job title, duty station, 23 salary or wages, and amount of any contracted severance or other form of 24 post-employment compensation of each employee of the institution by the 25 twentieth day of each month. 26 (b) The State Treasurer shall regularly report the information received under 27 UNOFFICIAL COPY 24 RS BR 262 Page 16 of 33 XXXX 1/18/2024 6:04 PM Jacketed this subsection to the public in the manner and method designated by the 1 State Treasurer. 2 (2) (a) The annual operating budget of each institution shall include an itemized 3 budget of each school, department, administrative office, resource center, 4 and research facility of the institution, regardless of the source of funding. 5 (b) Each itemized budget required by this subsection shall be published to a 6 prominent, publicly accessible location on the institution's website. 7 Section 9. KRS 164.020 is amended to read as follows: 8 The Council on Postsecondary Education in Kentucky shall: 9 (1) Develop and implement the strategic agenda with the advice and counsel of the 10 Strategic Committee on Postsecondary Education. The council shall provide for and 11 direct the planning process and subsequent strategic implementation plans based on 12 the strategic agenda as provided in KRS 164.0203; 13 (2) Revise the strategic agenda and strategic implementation plan with the advice and 14 counsel of the committee as set forth in KRS 164.004; 15 (3) Develop a system of public accountability related to the strategic agenda by 16 evaluating the performance and effectiveness of the state's postsecondary system. 17 The council shall prepare a report in conjunction with the accountability reporting 18 described in KRS 164.095, which shall be submitted to the committee, the 19 Governor, and the General Assembly by December 1 annually. This report shall 20 include a description of contributions by postsecondary institutions to the quality of 21 elementary and secondary education in the Commonwealth; 22 (4) Review, revise, and approve the missions of the state's universities and the 23 Kentucky Community and Technical College System. The Council on 24 Postsecondary Education shall have the final authority to determine the compliance 25 of postsecondary institutions with their academic, service, and research missions; 26 (5) Establish and ensure that all postsecondary institutions in Kentucky cooperatively 27 UNOFFICIAL COPY 24 RS BR 262 Page 17 of 33 XXXX 1/18/2024 6:04 PM Jacketed provide for an integrated system of postsecondary education. The council shall 1 guard against inappropriate and unnecessary conflict and duplication by promoting 2 transferability of credits and easy access of information among institutions; 3 (6) Engage in analyses and research to determine the overall needs of postsecondary 4 education and adult education in the Commonwealth; 5 (7) Develop plans that may be required by federal legislation. The council shall for all 6 purposes of federal legislation relating to planning be considered the "single state 7 agency" as that term may be used in federal legislation. When federal legislation 8 requires additional representation on any "single state agency," the Council on 9 Postsecondary Education shall establish advisory groups necessary to satisfy federal 10 legislative or regulatory guidelines; 11 (8) (a) Determine tuition and approve the minimum qualifications for admission to 12 the state postsecondary educational system. In defining residency, the council 13 shall classify a student as having Kentucky residency if the student met the 14 residency requirements at the beginning of his or her last year in high school 15 and enters a Kentucky postsecondary education institution within two (2) 16 years of high school graduation. In determining the tuition for non-Kentucky 17 residents, the council shall consider the fees required of Kentucky students by 18 institutions in adjoining states, the resident fees charged by other states, the 19 total actual per student cost of training in the institutions for which the fees 20 are being determined, and the ratios of Kentucky students to non-Kentucky 21 students comprising the enrollments of the respective institutions, and other 22 factors the council may in its sole discretion deem pertinent, except that the 23 Kentucky Community and Technical College System may assess a mandatory 24 student fee not to exceed eight dollars ($8) per credit hour to be used 25 exclusively for debt service on amounts not to exceed seventy-five percent 26 (75%) of the total projects cost of the Kentucky Community and Technical 27 UNOFFICIAL COPY 24 RS BR 262 Page 18 of 33 XXXX 1/18/2024 6:04 PM Jacketed College System agency bond projects included in 2014 Ky. Acts ch. 117, Part 1 II, J., 11. 2 (b) The Kentucky Community and Technical College System mandatory fee 3 established in this subsection shall only be used for debt service on agency 4 bond projects. 5 (c) Any fee established as provided by this subsection shall cease to be assessed 6 upon the retirement of the project bonds for which it services debt. 7 (d) Prior to the issuance of any bonds, the Kentucky Community and Technical 8 College System shall certify in writing to the secretary of the Finance and 9 Administration Cabinet that sufficient funds have been raised to meet the 10 local match equivalent to twenty-five percent (25%) of the total project cost; 11 (9) Devise, establish, and periodically review and revise policies to be used in making 12 recommendations to the Governor for consideration in developing 13 recommendations to the General Assembly for appropriations to the universities, 14 the Kentucky Community and Technical College System, and to support strategies 15 for persons to maintain necessary levels of literacy and numeracy throughout their 16 lifetimes. The council has sole discretion, with advice of the Strategic Committee 17 on Postsecondary Education and the executive officers of the postsecondary 18 education system, to devise policies that provide for allocation of funds among the 19 universities and the Kentucky Community and Technical College System; 20 (10) Lead and provide staff support for the biennial budget process as provided under 21 KRS Chapter 48, in cooperation with the committee; 22 (11) (a) Except as provided in paragraph (b) of this subsection, review and approve all 23 capital construction projects covered by KRS 45.750(1)(f), including real 24 property acquisitions, and regardless of the source of funding for projects or 25 acquisitions. Approval of capital projects and real property acquisitions shall 26 be on a basis consistent with the strategic agenda and the mission of the 27 UNOFFICIAL COPY 24 RS BR 262 Page 19 of 33 XXXX 1/18/2024 6:04 PM Jacketed respective universities and the Kentucky Community and Technical College 1 System. 2 (b) The organized groups that are establishing community college satellites as 3 branches of existing community colleges in the counties of Laurel, Leslie, and 4 Muhlenberg, and that have substantially obtained cash, pledges, real property, 5 or other commitments to build the satellite at no cost to the Commonwealth, 6 other than operating costs that shall be paid as part of the operating budget of 7 the main community college of which the satellite is a branch, are authorized 8 to begin construction of the satellite on or after January 1, 1998; 9 (12) Require reports from the executive officer of each institution it deems necessary for 10 the effectual performance of its duties; 11 (13) Ensure that the state postsecondary system does not unnecessarily duplicate 12 services and programs provided by private postsecondary institutions and shall 13 promote maximum cooperation between the state postsecondary system and private 14 postsecondary institutions. Receive and consider an annual report prepared by the 15 Association of Independent Kentucky Colleges and Universities stating the 16 condition of independent institutions, listing opportunities for more collaboration 17 between the state and independent institutions and other information as appropriate; 18 (14) Establish course credit, transfer, and degree components as required in KRS 19 164.2951; 20 (15) (a) Define and approve the offering of all postsecondary education technical, 21 associate, baccalaureate, graduate, and professional degree, certificate, or 22 diploma programs in the public postsecondary education institutions. The 23 council shall not approve a degree, certificate, or diploma program that: 24 1. Includes a requirement for a course or training dedicated to the 25 promotion or justification of discriminatory concepts or diversity, 26 equity, and inclusion initiatives, as defined in Section 1 of this Act; or 27 UNOFFICIAL COPY 24 RS BR 262 Page 20 of 33 XXXX 1/18/2024 6:04 PM Jacketed 2. Permits credit from a course dedicated to the promotion or 1 justification of discriminatory concepts or diversity, equity, and 2 inclusion initiatives, as defined in Section 1 of this Act, earned after 3 July 1, 2024, to count towards the total number of credits required for 4 the degree, certificate, or diploma; and 5 (b) The council shall expedite wherever possible the approval of requests from 6 the Kentucky Community and Technical College System board of regents 7 relating to new certificate, diploma, technical, or associate degree programs of 8 a vocational-technical and occupational nature. Without the consent of the 9 General Assembly, the council shall not abolish or limit the total enrollment 10 of the general program offered at any community college to meet the goal of 11 reasonable access throughout the Commonwealth to a two (2) year course of 12 general studies designed for transfer to a baccalaureate program. This does not 13 restrict or limit the authority of the council, as set forth in this section, to 14 eliminate or make changes in individual programs within that general 15 program; 16 (16) Eliminate, in its discretion, existing programs or make any changes in existing 17 academic programs at the state's postsecondary educational institutions, taking into 18 consideration these criteria: 19 (a) Consistency with the institution's mission and the strategic agenda; 20 (b) Alignment with the priorities in the strategic implementation plan for 21 achieving the strategic agenda; 22 (c) Elimination of unnecessary duplication of programs within and among 23 institutions; [and] 24 (d) Efforts to create cooperative programs with other institutions through 25 traditional means, or by use of distance learning technology and electronic 26 resources, to achieve effective and efficient program delivery; and 27 UNOFFICIAL COPY 24 RS BR 262 Page 21 of 33 XXXX 1/18/2024 6:04 PM Jacketed (e) Alignment with subsection (1)(h) and (j) of Section 2 of this Act; 1 (17) Ensure the governing board and faculty of all postsecondary education institutions 2 are committed to providing instruction free of discrimination against students who 3 hold political views and opinions contrary to those of the governing board and 4 faculty; 5 (18) Review proposals and make recommendations to the Governor regarding the 6 establishment of new public community colleges, technical institutions, and new 7 four (4) year colleges; 8 (19) Postpone the approval of any new program at a state postsecondary educational 9 institution, unless the institution has met its equal educational opportunity goals, as 10 established by the council. In accordance with administrative regulations 11 promulgated by the council, those institutions not meeting the goals shall be able to 12 obtain a temporary waiver, if the institution has made substantial progress toward 13 meeting its equal educational opportunity goals; 14 (20) Ensure the coordination, transferability, and connectivity of technology among 15 postsecondary institutions in the Commonwealth including the development and 16 implementation of a technology plan as a component of the strategic agenda; 17 (21) Approve the teacher education programs in the public institutions that comply with 18 standards established by the Education Professional Standards Board pursuant to 19 KRS 161.028; 20 (22) Constitute the representative agency of the Commonwealth in all matters of 21 postsecondary education of a general and statewide nature which are not otherwise 22 delegated to one (1) or more institutions of postsecondary learning. The 23 responsibility may be exercised through appropriate contractual relationships with 24 individuals or agencies located within or without the Commonwealth. The authority 25 includes but is not limited to contractual arrangements for programs of research, 26 specialized training, and cultural enrichment; 27 UNOFFICIAL COPY 24 RS BR 262 Page 22 of 33 XXXX 1/18/2024 6:04 PM Jacketed (23) Maintain procedures for the approval of a designated receiver to provide for the 1 maintenance of student records of the public institutions of higher education and the 2 colleges as defined in KRS 164.945, and institutions operating pursuant to KRS 3 165A.310 which offer collegiate level courses for academic credit, which cease to 4 operate. Procedures shall include assurances that, upon proper request, subject to 5 federal and state laws and regulations, copies of student records shall be made 6 available within a reasonable length of time for a minimum fee; 7 (24) Monitor and transmit a report on compliance with KRS 164.351 to the director of 8 the Legislative Research Commission for distribution to the Interim Joint 9 Committee on Families and Children; 10 (25) (a) Develop in cooperation with each public university and the Kentucky 11 Community and Technical College System a comprehensive orientation and 12 education program for new members of the council and the governing boards 13 and continuing education opportunities for all council and board members. 14 For new members of the council and institutional governing boards, the 15 council shall: 16 1. Ensure that the orientation and education program comprises six (6) 17 hours of instruction time and includes but is not limited to information 18 concerning the roles of the council and governing board members, the 19 strategic agenda and the strategic implementation plan, and the 20 respective institution's mission, budget and finances, strategic plans and 21 priorities, institutional policies and procedures, board fiduciary 22 responsibilities, legal considerations including open records and open 23 meetings requirements, ethical considerations arising from board 24 membership, and the board member removal and replacement 25 provisions of KRS 63.080; 26 2. Establish delivery methods by which the orientation and education 27 UNOFFICIAL COPY 24 RS BR 262 Page 23 of 33 XXXX 1/18/2024 6:04 PM Jacketed program can be completed in person or electronically by new members 1 within one (1) year of their appointment or election; 2 3. Provide an annual report to the Governor and Legislative Research 3 Commission of those new board members who do not complete the 4 required orientation and education program; and 5 4. Invite governing board members of private colleges and universities 6 licensed by the Council on Postsecondary Education to participate in the 7 orientation and education program described in this subsection; 8 (b) Offer, in cooperation with the public universities and the Kentucky 9 Community and Technical College System, continuing education 10 opportunities for all council and governing board members; and 11 (c) Review and approve the orientation programs of each public university and 12 the Kentucky Community and Technical College System for their governing 13 board members to ensure that all programs and information adhere to this 14 subsection; 15 (26) Develop a financial reporting procedure to be used by all state postsecondary 16 education institutions to ensure uniformity of financial information available to 17 state agencies and the public; 18 (27) Select and appoint a president of the council under KRS 164.013; 19 (28) Employ consultants and other persons and employees as may be required for the 20 council's operations, functions, and responsibilities; 21 (29) Promulgate administrative regulations, in accordance with KRS Chapter 13A, 22 governing its powers, duties, and responsibilities as described in this section; 23 (30) Prepare and present by January 31 of each year an annual status report on 24 postsecondary education in the Commonwealth to the Governor, the Strategic 25 Committee on Postsecondary Education, and the Legislative Research Commission; 26 (31) Consider the role, function, and capacity of independent institutions of 27 UNOFFICIAL COPY 24 RS BR 262 Page 24 of 33 XXXX 1/18/2024 6:04 PM Jacketed postsecondary education in developing policies to meet the immediate and future 1 needs of the state. When it is found that independent institutions can meet state 2 needs effectively, state resources may be used to contract with or otherwise assist 3 independent institutions in meeting these needs; 4 (32) Create advisory groups representing the presidents, faculty, nonteaching staff, and 5 students of the public postsecondary education system and the independent colleges 6 and universities; 7 (33) Develop a statewide policy to promote employee and faculty development in state 8 and locally operated secondary area technology centers through the waiver of 9 tuition for college credit coursework in the public postsecondary education system. 10 Any regular full-time employee of a state or locally operated secondary area 11 technology center may, with prior administrative approval of the course offering 12 institution, take a maximum of six (6) credit hours per term at any public 13 postsecondary institution. The institution shall waive the tuition up to a maximum 14 of six (6) credit hours per term. The employee shall complete the Free Application 15 for Federal Student Aid to determine the level of need and eligibility for state and 16 federal financial aid programs. The amount of tuition waived shall not exceed the 17 cost of tuition at the institution less any state or federal grants received, which shall 18 be credited first to the student's tuition; 19 (34) Participate with the Kentucky Department of Education, the Kentucky Board of 20 Education, and postsecondary education institutions to ensure that academic content 21 requirements for successful entry into postsecondary education programs are 22 aligned with high school content standards and that students who master the high 23 school academic content standards shall not need remedial courses. The council 24 shall monitor the results on an ongoing basis; 25 (35) Cooperate with the Kentucky Department of Education and the Education 26 Professional Standards Board in providing information sessions to selected 27 UNOFFICIAL COPY 24 RS BR 262 Page 25 of 33 XXXX 1/18/2024 6:04 PM Jacketed postsecondary education content faculty and teacher educators of the high school 1 academic content standards as required under KRS 158.6453(2)(l); 2 (36) Cooperate with the Office of the Kentucky Center for Statistics and ensure the 3 participation of the public institutions as required in KRS 151B.133; 4 (37) Pursuant to KRS 63.080, review written notices from the Governor or from a board 5 of trustees or board of regents concerning removal of a board member or the entire 6 appointed membership of a board, investigate the member or board and the conduct 7 alleged to support removal, and make written recommendations to the Governor 8 and the Legislative Research Commission as to whether the member or board 9 should be removed; and 10 (38) Exercise any other powers, duties, and responsibilities necessary to carry out the 11 purposes of this chapter. Nothing in this chapter shall be construed to grant the 12 Council on Postsecondary Education authority to disestablish or eliminate any 13 college of law which became a part of the state system of higher education through 14 merger with a state college. 15 Section 10. (1) Every public postsecondary education institution in the 16 Commonwealth shall: 17 (a) Review its organizational structure and existing diversity, equity, and 18 inclusion initiatives to ensure compliance with the requirements of Sections 2 and 3 of 19 this Act and, no later than June 30, 2024: 20 1. Eliminate all diversity, equity, and inclusion initiatives, including but not 21 limited to any scholarship criteria, living-learning programs, student services, community 22 services, or other initiatives designed to promote discriminatory concepts or to provide 23 differential treatment or benefits to an individual on the basis of race, sex, color, or 24 national origin; 25 2. Eliminate all diversity, equity, and inclusion offices; 26 3. Terminate all diversity, equity, and inclusion officer positions. An institution 27 UNOFFICIAL COPY 24 RS BR 262 Page 26 of 33 XXXX 1/18/2024 6:04 PM Jacketed may only transfer or rehire a diversity, equity, and inclusion officer to another position 1 within the institution if: 2 a. The individual is qualified for the new position; and 3 b. The duties of the new position comply with Sections 2 and 3 of this Act; and 4 (b) Review all trainings, orientations, and other programming to ensure 5 compliance with the requirements of Sections 2 and 3 of this Act. The institution shall 6 terminate the use of diversity, equity, and inclusion trainings and diversity, equity, and 7 inclusion initiatives, as defined in Section 1 of this Act, no later than June 30, 2024. If the 8 training, orientation, or similar programming is offered through a third party, such as a 9 contractor, the institution shall promptly terminate or cancel any contract with the third 10 party, consistent with applicable law and regulations. 11 (2) The Attorney General may bring a civil action for a writ of mandamus to 12 compel a public postsecondary education institution to comply with this section. 13 Notwithstanding any other provision of law to the contrary, a qualified individual may 14 also file a civil action against a public postsecondary education institution for injunctive 15 relief and any actual compensatory damages arising from a violation this section, 16 including reasonable attorney's fees and litigation costs. Sovereign and governmental 17 immunity are waived for any claim filed under this section. The remedies identified in 18 this section shall be in addition to, and not in lieu of, any other remedies available in law 19 or equity. 20 Section 11. (1) The Council on Postsecondary Education shall: 21 (a) Review its organizational structure and existing contracts related to diversity, 22 equity, and inclusion initiatives to ensure compliance with the requirements of Sections 4 23 and 9 of this Act and, no later than June 30, 2024: 24 1. Eliminate all diversity, equity, and inclusion initiatives; 25 2. Eliminate all diversity, equity, and inclusion offices; 26 3. Terminate all diversity, equity, and inclusion officer positions. The council 27 UNOFFICIAL COPY 24 RS BR 262 Page 27 of 33 XXXX 1/18/2024 6:04 PM Jacketed may only transfer or rehire a diversity, equity, and inclusion officer to another position 1 within the council if: 2 a. The individual is qualified for the new position; and 3 b. The duties of the new position comply with Sections 4 and 9 of this Act; 4 4. Notwithstanding KRS 164.020 and 164.540, amend its strategic plan to 5 remove the "equity" priority; and 6 5. Permanently discontinue the: 7 a. Requirement for and collection of diversity plans; 8 b. Cultural competency certification program; 9 c. Academic Leadership Development Institute; 10 d. Council's participation in the higher EDquity Symposium; and 11 e. Publication of the council's DEI Resource List; and 12 (b) Review all trainings, orientations, and other programming to ensure 13 compliance with the requirements of Sections 4 and 9 of this Act. The council shall 14 terminate the use of diversity, equity, and inclusion trainings and diversity, equity, and 15 inclusion initiatives, as defined by Section 1 of this Act, no later than June 30, 2024. If 16 the training, orientation, or similar programming is offered through a third party, such as 17 a contractor, the council shall promptly: 18 1. Terminate any contract with the third party, consistent with applicable law 19 and regulations; and 20 2. Evaluate whether to permanently bar the third party from contracts with the 21 council, consistent with applicable law and regulations. 22 (2) The Attorney General may bring a civil action for a writ of mandamus to 23 compel the council to comply with this section. Notwithstanding any other provision of 24 law to the contrary, a qualified individual may also file a civil action against the council 25 for injunctive relief and any actual compensatory damages arising from a violation this 26 section, including reasonable attorney's fees and litigation costs. Sovereign and 27 UNOFFICIAL COPY 24 RS BR 262 Page 28 of 33 XXXX 1/18/2024 6:04 PM Jacketed governmental immunity are waived for any claim filed under this section. The remedies 1 identified in this section shall be in addition to, and not in lieu of, any other remedies 2 available in law or equity. 3 Section 12. (1) No later than August 30, 2024, each president of a public 4 postsecondary education institution shall submit a report to the Legislative Research 5 Commission, for referral to the Interim Joint Committee on Education, and the Attorney 6 General containing: 7 (a) A detailed description of the institution’s compliance with each provision of 8 Sections 2, 3, 6, 7, 8, and 10 of this Act that certifies the status of the institution's 9 compliance with each provision, the steps taken by the institution to achieve compliance 10 with each provision, and the guardrails put in place to ensure future compliance with each 11 provision; 12 (b) If the president cannot certify full compliance with any provision of Sections 13 2, 3, 6, 7, 8, and 10 of this Act, the president shall provide a detailed and clear description 14 of any obstacles to achieving or certifying compliance with that provision, the measures 15 that the president and institution are enacting to overcome those obstacles, and the 16 estimated completion date of each measure; 17 (c) A detailed description of the institution’s strategy for attracting and retaining 18 faculty members with diverse perspectives and points of view; and 19 (d) A description of the institution’s strategy for fostering a campus environment 20 where the free exchange of ideas is a prized value and where ideas can be freely 21 discussed and debated in accordance with First Amendment principles, without 22 intimidation. 23 (2) The report required by this section shall be published to a prominent, publicly 24 accessible page on the institution's website for a period of no less than one year. The 25 report shall not be combined with any other report when submitted or published by the 26 institution. 27 UNOFFICIAL COPY 24 RS BR 262 Page 29 of 33 XXXX 1/18/2024 6:04 PM Jacketed (3) The Attorney General may bring a civil action for a writ of mandamus to 1 compel a public postsecondary education institution to comply with this section. 2 notwithstanding any other provision of law to the contrary, a qualified individual may 3 also file a civil action against a public postsecondary education institution for injunctive 4 relief and any actual compensatory damages arising from a violation of this section, 5 including reasonable attorney's fees and litigation costs. Sovereign and governmental 6 immunity are waived for any claim filed under this section. 7 Section 13. (1) No later than August 30, 2024, the president of the Council 8 on Postsecondary Education shall submit a report to the Legislative Research 9 Commission, for referral to the Interim Joint Committee on Education, and the Attorney 10 General containing: 11 (a) A detailed description of the council’s compliance with each provision of 12 Sections 4, 9, and 11 of this Act that certifies the status of the council's compliance with 13 each provision, the steps taken by the council to achieve compliance with each provision, 14 and the guardrails put in place to ensure future compliance with each provision; 15 (b) If the president cannot certify full compliance with any provision of Sections 16 4, 9, and 11 of this Act, a detailed and clear description of any obstacles to achieving or 17 certifying compliance with that provision, the measures that the president and council are 18 enacting to overcome those obstacles, and the estimated completion date of each 19 measure; 20 (c) A detailed description of the council’s strategy for attracting and retaining 21 faculty members with diverse perspectives and points of view to Kentucky's 22 postsecondary institutions; and 23 (d) A detailed description of the council’s strategy for fostering a postsecondary 24 education system where the free exchange of ideas is a prized value and ideas can be 25 freely discussed and debated in accordance with First Amendment principles, without 26 intimidation. 27 UNOFFICIAL COPY 24 RS BR 262 Page 30 of 33 XXXX 1/18/2024 6:04 PM Jacketed (2) The report required by this section shall be published to a prominent, publicly 1 accessible page on the council's website for a period of no less than one year. The report 2 shall not be combined with any other report when submitted or published by the 3 institution. 4 (3) The Attorney General may bring a civil action for a writ of mandamus to 5 compel the Council on Postsecondary Education to comply with this section. 6 Notwithstanding any other provision of law to the contrary, a qualified individual may 7 also file a civil action against the Council on Postsecondary Education for injunctive 8 relief and any actual compensatory damages arising from a violation this section, 9 including reasonable attorney's fees and litigation costs. Sovereign and governmental 10 immunity are waived for any claim filed under this section. The remedies identified in 11 this section shall be in addition to, and not in lieu of, any other remedies available in law 12 or equity. 13 Section 14. (1) No later than August 30, 2024, the president of each public 14 postsecondary education institution shall submit to the Legislative Research Commission, 15 for referral to the Interim Joint Committee on Education, six separate reports, as follows: 16 (a) One report shall contain the name, job title, office of employment, and 17 compensation of each individual who was employed by the institution at any time 18 between January 1, 2019, and December 31, 2019, who: 19 1. Held a job or position whose title or description included the word "diversity," 20 "equity," "equality," or "inclusion"; 21 2. Was employed by an office, division, or other agency whose name or title 22 included the word "diversity," "equity," "equality," or "inclusion"; or 23 3. Held a job or position whose responsibilities included developing, 24 implementing, or promoting: 25 a. Diversity, equity, and inclusion initiatives, as defined in Section 1 of this Act; 26 or 27 UNOFFICIAL COPY 24 RS BR 262 Page 31 of 33 XXXX 1/18/2024 6:04 PM Jacketed b. Discriminatory concepts, as defined in Section 1 of this Act; 1 (b) One report shall contain the name, job title, office of employment, and 2 compensation of each individual who was employed by the institution at any time 3 between January 1, 2020, and December 31, 2020, who: 4 1. Held a job or position whose title or description included the word "diversity," 5 "equity," "equality," or "inclusion"; 6 2. Was employed by an office, division, or other agency whose name or title 7 included the word "diversity," "equity," "equality," or "inclusion"; or 8 3. Held a job or position whose responsibilities included developing, 9 implementing, or promoting: 10 a. Diversity, equity, and inclusion initiatives, as defined in Section 1 of this Act; 11 or 12 b. Discriminatory concepts, as defined in Section 1 of this Act; 13 (c) One report shall contain the name, job title, office of employment, and 14 compensation of each individual who was employed by the institution at any time 15 between January 1, 2021, and December 31, 2021, who: 16 1. Held a job or position whose title or description included the word "diversity," 17 "equity," "equality," or "inclusion"; 18 2. Was employed by an office, division, or other agency whose name or title 19 included the word "diversity," "equity," "equality," or "inclusion"; or 20 3. Held a job or position whose responsibilities included developing, 21 implementing, or promoting: 22 a. Diversity, equity, and inclusion initiatives, as defined in Section 1 of this Act; 23 or 24 b. Discriminatory concepts, as defined in Section 1 of this Act; 25 (d) One report shall contain the name, job title, office of employment, and 26 compensation of each individual who was employed by the institution at any time 27 UNOFFICIAL COPY 24 RS BR 262 Page 32 of 33 XXXX 1/18/2024 6:04 PM Jacketed between January 1, 2022, and December 31, 2022, who: 1 1. Held a job or position whose title or description included the word "diversity," 2 "equity," "equality," or "inclusion"; 3 2. Was employed by an office, division, or other agency whose name or title 4 included the word "diversity," "equity," "equality," or "inclusion"; or 5 3. Held a job or position whose responsibilities included developing, 6 implementing, or promoting: 7 a. Diversity, equity, and inclusion initiatives, as defined in Section 1 of this Act; 8 or 9 b. Discriminatory concepts, as defined in Section 1 of this Act; 10 (e) One report shall contain the name, job title, office of employment, and 11 compensation of each individual who was employed by the institution at any time 12 between January 1, 2023, and December 31, 2023, who: 13 1. Held a job or position whose title or description included the word "diversity," 14 "equity," "equality," or "inclusion"; 15 2. Was employed by an office, division, or other agency whose name or title 16 included the word "diversity," "equity," "equality," or "inclusion"; or 17 3. Held a job or position whose responsibilities included developing, 18 implementing, or promoting: 19 a. Diversity, equity, and inclusion initiatives, as defined in Section 1 of this Act; 20 or 21 b. Discriminatory concepts, as defined in Section 1 of this Act; and 22 (f) One report shall contain the name, job title, office of employment, and 23 compensation of each individual who was employed by the institution at any time 24 between January 1, 2024, and the date of the report, who: 25 1. Held a job or position whose title or description included the word "diversity," 26 "equity," "equality," or "inclusion"; 27 UNOFFICIAL COPY 24 RS BR 262 Page 33 of 33 XXXX 1/18/2024 6:04 PM Jacketed 2. Was employed by an office, division, or other agency whose name or title 1 included the word "diversity," "equity," "equality," or "inclusion"; or 2 3. Held a job or position whose responsibilities included developing, 3 implementing, or promoting: 4 a. Diversity, equity, and inclusion initiatives, as defined in Section 1 of this Act; 5 or 6 b. Discriminatory concepts, as defined in Section 1 of this Act; 7 (2) Each report required by subsection (1) of this section shall not be combined 8 with any other report when submitted to the Legislative Research Commission. 9 Section 15. Section 5 of this Act takes effect March 15, 2025. 10 Section 16. Whereas the General Assembly is committed to honoring the 11 constitutional promise of equal protection under the law, regardless of color, creed, race, 12 national origin, sex, age, marital status, familial status, disability, religion, and national 13 origin, an emergency is declared to exist, and Sections 1 to 4 and 6 to 14 of this Act take 14 effect upon its passage and approval by the Governor or upon its otherwise becoming a 15 law. 16