Kentucky 2023 Regular Session

Kentucky House Bill HB120 Latest Draft

Bill / Introduced Version

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AN ACT relating to children's health. 1 
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2 
SECTION 1.   A NEW SECTION OF KRS CHAPTER 311 IS CREATED TO 3 
READ AS FOLLOWS: 4 
As used in Sections 1 to 6 of this Act: 5 
(1) "Biological sex" means the biological indication of male and female in the 6 
context of reproductive potential or capacity, such as sex chromosomes, naturally 7 
occurring sex hormones, gonads, and nonambiguous internal and external 8 
genitalia present at birth, without regard to a person’s psychological, chosen, or 9 
subjective experience of gender; 10 
(2) "Cross-sex hormones" means: 11 
(a) Testosterone or other androgens given to biological females in amounts that 12 
are larger or more potent than would normally occur naturally in healthy 13 
biological females; and 14 
(b) Estrogen given to biological males in amounts that are larger or more 15 
potent than would normally occur naturally in healthy biological males; 16 
(3) "Gender" means the psychological, behavioral, social, and cultural aspects of 17 
being male or female; 18 
(4) "Gender reassignment surgery" means any medical or surgical service that seeks 19 
to surgically alter or remove healthy physical or anatomical characteristics or 20 
features that are typical for the person’s biological sex in order to instill or create 21 
physiological or anatomical characteristics that resemble a sex different from the 22 
person’s biological sex, including but not limited to genital or nongenital gender 23 
reassignment surgery performed for the purpose of assisting a person with a 24 
gender transition; 25 
(5) "Gender transition" means the process in which a person goes from identifying 26 
with and living as a gender that corresponds to his or her biological sex to 27  UNOFFICIAL COPY  	23 RS BR 488 
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identifying with and living as a gender different from his or her biological sex, 1 
and may involve social, legal, or physical changes; 2 
(6) (a) "Gender transition procedures" means any medical or surgical service 3 
provided or performed for the purpose of assisting a person with a physical 4 
gender transition. Gender transition procedures include but are not limited 5 
to physician’s services, inpatient and outpatient hospital services, puberty-6 
blocking drugs, cross-sex hormones, or genital or nongenital gender 7 
reassignment surgery. 8 
(b) Gender transition procedures do not include: 9 
1. Services to persons born with a medically verifiable disorder of sex 10 
development, including a person with unresolvable, ambiguous 11 
external biological sex characteristics, such as those born with forty-12 
six (46) XX chromosomes with virilization, forty-six (46) XY 13 
chromosomes with undervirilization, or having both ovarian and 14 
testicular tissue; 15 
2. Services provided when a physician has otherwise diagnosed a 16 
disorder of sexual development that the physician has determined 17 
through genetic or biochemical testing indicates that a person does not 18 
have normal sex chromosome structure, sex steroid production, or sex 19 
steroid hormone action; 20 
3. The acute and chronic treatment of any infection, injury, disease, or 21 
disorder that has been caused by or exacerbated by the performance of 22 
gender transition procedures, whether or not the gender transition 23 
procedure was performed in accordance with state and federal law or 24 
whether or not funding for the gender transition procedure is 25 
permissible under Sections 1 to 6 of this Act; or 26 
4. Any procedure undertaken because a person suffers from a physical 27  UNOFFICIAL COPY  	23 RS BR 488 
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disorder, physical injury, or physical illness that would, as certified by 1 
a physician, place the person in imminent danger of death or 2 
impairment of major bodily function unless surgery is performed; 3 
(7) "Health care provider" has the same meaning as in KRS 304.17A-005; 4 
(8) "Nongenital gender reassignment surgery" means medical procedures performed 5 
for the purpose of assisting a person with a physical gender transition, including 6 
but not limited to: 7 
(a) Surgical procedures for biologically male patients, such as augmentation 8 
mammoplasty, facial feminization surgery, liposuction, lipofilling, voice 9 
feminization surgery, thyroid cartilage reduction, gluteal augmentation, 10 
hair reconstruction, or various aesthetic procedures; or 11 
(b) Surgical procedures for biologically female patients, such as subcutaneous 12 
mastectomy, voice masculinization surgery, liposuction, lipofilling, pectoral 13 
implants, or various aesthetic procedures; 14 
(9) "Physician" has the same meaning as in KRS 311.550; 15 
(10) "Puberty-blocking drugs" means gonadotropin-releasing hormone analogues or 16 
other synthetic drugs used in biological males to stop luteinizing hormone 17 
secretion and therefore testosterone secretion, or synthetic drugs used in 18 
biological females which stop the production of estrogen and progesterone, when 19 
used to delay or suppress pubertal development in children for the purpose of 20 
assisting a child with a gender transition; and 21 
(11) "Public funds" has the same meaning as in KRS 446.010. 22 
SECTION 2.   A NEW SECTION OF KRS CHAPTER 311 IS CREATED TO 23 
READ AS FOLLOWS: 24 
(1) A physician or other health care provider shall not provide gender transition 25 
procedures to any child under the age of eighteen (18) years. 26 
(2) A physician or other health care provider shall not refer any child under the age 27  UNOFFICIAL COPY  	23 RS BR 488 
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of eighteen (18) years to any health care provider for gender transition 1 
procedures. 2 
(3) Any referral for or provision of gender transition procedures to a child under the 3 
age of eighteen (18) years by a health care provider shall be considered 4 
unprofessional conduct and be subject to disciplinary action by the appropriate 5 
licensing or certifying entity. 6 
SECTION 3.   A NEW SECTION OF KRS CHAPTER 311 IS CREATED TO 7 
READ AS FOLLOWS: 8 
(1) Any violation of Section 2 of this Act shall be deemed as acting recklessly as 9 
defined in KRS 501.020 for purposes of tort claims. 10 
(2) Notwithstanding any other provision of the law to the contrary, for any violation 11 
of Section 2 of this Act, the action may be brought by the child's parent or 12 
guardian before the child attains age eighteen (18) years and may be brought by 13 
the child within thirty (30) years after the child attains the age of eighteen (18) 14 
years except: 15 
(a) If at the time the child attains the age of eighteen (18) years he or she is 16 
under other legal disability, the limitation period shall not begin to run until 17 
the removal of the disability; or 18 
(b) If during any period of time the person is subject to threats, intimidation, 19 
manipulation, fraudulent concealment, or fraud perpetrated by the 20 
physician or health care provider who prescribed or otherwise provided 21 
gender transition procedures or by any person acting in the interest of the 22 
physician or other health care provider, the limitation period shall not run 23 
during this time period. 24 
(3) A person may assert an actual or threatened violation of Section 2 of this Act as a 25 
claim or defense in a judicial or administrative proceeding. 26 
(4) In an action brought under this section: 27  UNOFFICIAL COPY  	23 RS BR 488 
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(a) If the plaintiff prevails, he or she shall be entitled to reasonable costs and 1 
attorney's fees; 2 
(b) Punitive damages as well as compensatory damages shall be awardable, 3 
including but not limited to: 4 
1. Pain and suffering; 5 
2. Loss of reputation; 6 
3. Loss of income; and 7 
4. Loss of consortium, including the loss of expectation of sharing 8 
parenthood; and 9 
(c) Injunctive, declaratory, and any other appropriate relief may be awarded. 10 
(5) Notwithstanding any other provision of law to the contrary, an action under this 11 
section may be commenced, and relief may be granted, in a judicial proceeding 12 
without regard to whether the person commencing the action has sought or 13 
exhausted available administrative remedies. 14 
SECTION 4.   A NEW SECTION OF KRS CHAPTER 311 IS CREATED TO 15 
READ AS FOLLOWS: 16 
(1) Public funds shall not be directly or indirectly used, granted, paid, or distributed 17 
to any entity, organization, or person that provides gender transition procedures 18 
to a child under the age of eighteen (18) years. 19 
(2) Any amount paid by a person or an entity for the provision of gender transition 20 
procedures or as premiums for health care coverage that includes coverage for 21 
gender transition procedures shall not be exempt from taxation. 22 
(3) Health care services provided to a child under the age of eighteen (18) years shall 23 
not include gender transition procedures if provided: 24 
(a) In a facility owned by the state or a county or local government; or 25 
(b) By a physician or other health care provider employed by the state or a 26 
county or local government. 27  UNOFFICIAL COPY  	23 RS BR 488 
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SECTION 5.   A NEW SECTION OF KRS CHAPTER 311 IS CREATED TO 1 
READ AS FOLLOWS: 2 
(1) A person or entity shall not knowingly engage in conduct that aids or abets the 3 
performance or inducement of gender transition procedures to any child under 4 
the age of eighteen (18) years, including employees of other state governments, 5 
the federal government, or foreign governments. 6 
(2) Subsection (1) of this section shall not apply to any freedom of speech protected 7 
under the First Amendment to the Constitution of the United States. 8 
(3) No parent of a child under the age of eighteen (18) years upon whom gender 9 
transition procedures have been performed or induced may be held liable under 10 
this section. 11 
SECTION 6.   A NEW SECTION OF KRS CHAPTER 311 IS CREATED TO 12 
READ AS FOLLOWS: 13 
(1) The Attorney General may bring an action to enforce compliance with Sections 1 14 
to 6 of this Act. 15 
(2) Nothing in Sections 1 to 6 of this Act shall deny, impair, or otherwise affect any 16 
right or authority of the Attorney General, the Commonwealth of Kentucky, or 17 
any agency, officer, or employee of the state, acting under any other law, to 18 
institute or intervene in any proceeding. 19 
(3) The General Assembly of the Commonwealth of Kentucky, by resolution, may 20 
appoint one (1) or more of its members who sponsored or cosponsored this Act in 21 
his or her official capacity to intervene as a matter of right in any case to which 22 
the constitutionality or enforceability of Sections 1 to 6 of this Act is challenged. 23 
SECTION 7.   A NEW SECTION OF KRS CHAPTER 205 IS CREATED TO 24 
READ AS FOLLOWS: 25 
The Department for Medicaid Services and any managed care organization contracted 26 
to provide Medicaid benefits pursuant to this chapter shall not reimburse or provide 27  UNOFFICIAL COPY  	23 RS BR 488 
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coverage for gender transition procedures as defined in Section 1 of this Act to a child 1 
under the age of eighteen (18) years. 2 
SECTION 8.   A NEW SECTION OF SUBTITLE 17A OF KRS CHAPTER 304 3 
IS CREATED TO READ AS FOLLOWS: 4 
(1) As used in this section: 5 
(a) "Gender transition procedures" has the same meaning as in Section 1 of 6 
this Act; and 7 
(b) "Health benefit plan" has the same meaning as in KRS 304.17A-005 except 8 
that for the purposes of this section it includes any federal governmental 9 
health benefit plan such as TRICARE or any health benefit plan obtained 10 
through the United States Department of Veterans Affairs. 11 
(2) Health benefit plans shall not be required to provide coverage for gender 12 
transition procedures. 13 
(3) If a health benefit plan elects to provide coverage for gender transition 14 
procedures, the plan shall not include coverage for gender transition procedures 15 
for a child under the age of eighteen (18) years. 16 
Section 9.   KRS 141.019 is amended to read as follows: 17 
In the case of taxpayers other than corporations: 18 
(1) Adjusted gross income shall be calculated by subtracting from the gross income of 19 
those taxpayers the deductions allowed individuals by Section 62 of the Internal 20 
Revenue Code and adjusting as follows: 21 
(a) Exclude income that is exempt from state taxation by the Kentucky 22 
Constitution and the Constitution and statutory laws of the United States; 23 
(b) Exclude income from supplemental annuities provided by the Railroad 24 
Retirement Act of 1937 as amended and which are subject to federal income 25 
tax by Pub. L. No. 89-699; 26 
(c) Include interest income derived from obligations of sister states and political 27  UNOFFICIAL COPY  	23 RS BR 488 
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subdivisions thereof; 1 
(d) Exclude employee pension contributions picked up as provided for in KRS 2 
6.505, 16.545, 21.360, 61.523, 61.560, 65.155, 67A.320, 67A.510, 78.610, 3 
and 161.540 upon a ruling by the Internal Revenue Service or the federal 4 
courts that these contributions shall not be included as gross income until such 5 
time as the contributions are distributed or made available to the employee; 6 
(e) Exclude Social Security and railroad retirement benefits subject to federal 7 
income tax; 8 
(f) Exclude any money received because of a settlement or judgment in a lawsuit 9 
brought against a manufacturer or distributor of "Agent Orange" for damages 10 
resulting from exposure to Agent Orange by a member or veteran of the 11 
Armed Forces of the United States or any dependent of such person who 12 
served in Vietnam; 13 
(g) 1. a. For taxable years beginning after December 31, 2005, but before 14 
January 1, 2018, exclude up to forty-one thousand one hundred ten 15 
dollars ($41,110) of total distributions from pension plans, annuity 16 
contracts, profit-sharing plans, retirement plans, or employee 17 
savings plans; and 18 
b. For taxable years beginning on or after January 1, 2018, exclude 19 
up to thirty-one thousand one hundred ten dollars ($31,110) of 20 
total distributions from pension plans, annuity contracts, profit-21 
sharing plans, retirement plans, or employee savings plans. 22 
2. As used in this paragraph: 23 
a. "Annuity contract" has the same meaning as set forth in Section 24 
1035 of the Internal Revenue Code; 25 
b. "Distributions" includes but is not limited to any lump-sum 26 
distribution from pension or profit-sharing plans qualifying for the 27  UNOFFICIAL COPY  	23 RS BR 488 
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income tax averaging provisions of Section 402 of the Internal 1 
Revenue Code; any distribution from an individual retirement 2 
account as defined in Section 408 of the Internal Revenue Code; 3 
and any disability pension distribution; and 4 
c. "Pension plans, profit-sharing plans, retirement plans, or employee 5 
savings plans" means any trust or other entity created or organized 6 
under a written retirement plan and forming part of a stock bonus, 7 
pension, or profit-sharing plan of a public or private employer for 8 
the exclusive benefit of employees or their beneficiaries and 9 
includes plans qualified or unqualified under Section 401 of the 10 
Internal Revenue Code and individual retirement accounts as 11 
defined in Section 408 of the Internal Revenue Code; 12 
(h) 1. a. Exclude the portion of the distributive share of a shareholder's net 13 
income from an S corporation subject to the franchise tax imposed 14 
under KRS 136.505 or the capital stock tax imposed under KRS 15 
136.300; and 16 
b. Exclude the portion of the distributive share of a shareholder's net 17 
income from an S corporation related to a qualified subchapter S 18 
subsidiary subject to the franchise tax imposed under KRS 19 
136.505 or the capital stock tax imposed under KRS 136.300. 20 
2. The shareholder's basis of stock held in an S corporation where the S 21 
corporation or its qualified subchapter S subsidiary is subject to the 22 
franchise tax imposed under KRS 136.505 or the capital stock tax 23 
imposed under KRS 136.300 shall be the same as the basis for federal 24 
income tax purposes; 25 
(i) Exclude income received for services performed as a precinct worker for 26 
election training or for working at election booths in state, county, and local 27  UNOFFICIAL COPY  	23 RS BR 488 
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primaries or regular or special elections; 1 
(j) Exclude any capital gains income attributable to property taken by eminent 2 
domain; 3 
(k) 1. Exclude all income from all sources for members of the Armed Forces 4 
who are on active duty and who are killed in the line of duty, for the 5 
year during which the death occurred and the year prior to the year 6 
during which the death occurred. 7 
2. For the purposes of this paragraph, "all income from all sources" shall 8 
include all federal and state death benefits payable to the estate or any 9 
beneficiaries; 10 
(l) Exclude all military pay received by members of the Armed Forces while on 11 
active duty; 12 
(m) 1. Include the amount deducted for depreciation under 26 U.S.C. sec. 167 13 
or 168; and 14 
2. Exclude the amounts allowed by KRS 141.0101 for depreciation; 15 
(n) Include the amount deducted under 26 U.S.C. sec. 199A; 16 
(o) Ignore any change in the cost basis of the surviving spouse's share of property 17 
owned by a Kentucky community property trust occurring for federal income 18 
tax purposes as a result of the death of the predeceasing spouse;[ and] 19 
(p) Allow the same treatment allowed under Pub. L. No. 116-260, secs. 276 and 20 
278, related to the tax treatment of forgiven covered loans, deductions 21 
attributable to those loans, and tax attributes associated with those loans for 22 
taxable years ending on or after March 27, 2020, but before January 1, 2022; 23 
and 24 
(q) For taxable years beginning on or after January 1, 2023, include any 25 
amount paid for the provision of gender transition procedures or as 26 
premiums for health care coverage that includes coverage for gender 27  UNOFFICIAL COPY  	23 RS BR 488 
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transition procedures. In this paragraph, "gender transition procedures" 1 
has the same meaning as in Section 1 of this Act; and 2 
(2) Net income shall be calculated by subtracting from adjusted gross income all the 3 
deductions allowed individuals by Chapter 1 of the Internal Revenue Code, as 4 
modified by KRS 141.0101, except: 5 
(a) Any deduction allowed by 26 U.S.C. sec. 164 for taxes; 6 
(b) Any deduction allowed by 26 U.S.C. sec. 165 for losses, except wagering 7 
losses allowed under Section 165(d) of the Internal Revenue Code; 8 
(c) Any deduction allowed by 26 U.S.C. sec. 213 for medical care expenses; 9 
(d) Any deduction allowed by 26 U.S.C. sec. 217 for moving expenses; 10 
(e) Any deduction allowed by 26 U.S.C. sec. 67 for any other miscellaneous 11 
deduction; 12 
(f) Any deduction allowed by the Internal Revenue Code for amounts allowable 13 
under KRS 140.090(1)(h) in calculating the value of the distributive shares of 14 
the estate of a decedent, unless there is filed with the income return a 15 
statement that the deduction has not been claimed under KRS 140.090(1)(h); 16 
(g) Any deduction allowed by 26 U.S.C. sec. 151 for personal exemptions and 17 
any other deductions in lieu thereof; 18 
(h) Any deduction allowed for amounts paid to any club, organization, or 19 
establishment which has been determined by the courts or an agency 20 
established by the General Assembly and charged with enforcing the civil 21 
rights laws of the Commonwealth, not to afford full and equal membership 22 
and full and equal enjoyment of its goods, services, facilities, privileges, 23 
advantages, or accommodations to any person because of race, color, religion, 24 
national origin, or sex, except nothing shall be construed to deny a deduction 25 
for amounts paid to any religious or denominational club, group, or 26 
establishment or any organization operated solely for charitable or educational 27  UNOFFICIAL COPY  	23 RS BR 488 
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purposes which restricts membership to persons of the same religion or 1 
denomination in order to promote the religious principles for which it is 2 
established and maintained; and 3 
(i) A taxpayer may elect to claim the standard deduction allowed by KRS 4 
141.081 instead of itemized deductions allowed pursuant to 26 U.S.C. sec. 63 5 
and as modified by this section. 6 
Section 10.   KRS 141.039 is amended to read as follows: 7 
In the case of corporations: 8 
(1) Gross income shall be calculated by adjusting federal gross income as defined in 9 
Section 61 of the Internal Revenue Code as follows: 10 
(a) Exclude income that is exempt from state taxation by the Kentucky 11 
Constitution and the Constitution and statutory laws of the United States; 12 
(b) Exclude all dividend income; 13 
(c) Include interest income derived from obligations of sister states and political 14 
subdivisions thereof; 15 
(d) Exclude fifty percent (50%) of gross income derived from any disposal of 16 
coal covered by Section 631(c) of the Internal Revenue Code if the 17 
corporation does not claim any deduction for percentage depletion, or for 18 
expenditures attributable to the making and administering of the contract 19 
under which such disposition occurs or to the preservation of the economic 20 
interests retained under such contract; 21 
(e) Include the amount calculated under KRS 141.205; 22 
(f) Ignore the provisions of Section 281 of the Internal Revenue Code in 23 
computing gross income; 24 
(g) Include the amount of deprecation deduction calculated under 26 U.S.C. sec. 25 
167 or 168;[ and] 26 
(h) Allow the same treatment allowed under Pub. L. No. 116-260, secs. 276 and 27  UNOFFICIAL COPY  	23 RS BR 488 
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278, related to the tax treatment of forgiven covered loans, deductions 1 
attributable to those loans, and tax attributes associated with those loans for 2 
taxable years ending on or after March 27, 2020, but before January 1, 2022; 3 
and 4 
(i) For taxable years beginning on or after January 1, 2023, include any 5 
amount paid for the provision of gender transition procedures or as 6 
premiums for health care coverage that includes coverage for gender 7 
transition procedures. In this paragraph, "gender transition procedures" 8 
has the same meaning as in Section 1 of this Act; and 9 
(2) Net income shall be calculated by subtracting from gross income: 10 
(a) The deduction for depreciation allowed by KRS 141.0101; 11 
(b) Any amount paid for vouchers or similar instruments that provide health 12 
insurance coverage to employees or their families; 13 
(c) All the deductions from gross income allowed corporations by Chapter 1 of 14 
the Internal Revenue Code, as modified by KRS 141.0101, except: 15 
1. Any deduction for a state tax which is computed, in whole or in part, by 16 
reference to gross or net income and which is paid or accrued to any 17 
state of the United States, the District of Columbia, the Commonwealth 18 
of Puerto Rico, any territory or possession of the United States, or to any 19 
foreign country or political subdivision thereof; 20 
2. The deductions contained in Sections 243, 245, and 247 of the Internal 21 
Revenue Code; 22 
3. The provisions of Section 281 of the Internal Revenue Code shall be 23 
ignored in computing net income; 24 
4. Any deduction directly or indirectly allocable to income which is either 25 
exempt from taxation or otherwise not taxed under the provisions of this 26 
chapter, except for deductions allowed under Pub. L. No. 116-260, secs. 27  UNOFFICIAL COPY  	23 RS BR 488 
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276 and 278, related to the tax treatment of forgiven covered loans and 1 
deductions attributable to those loans for taxable years ending on or 2 
after March 27, 2020, but before January 1, 2022, and nothing in this 3 
chapter shall be construed to permit the same item to be deducted more 4 
than once; 5 
5. Any deduction for amounts paid to any club, organization, or 6 
establishment which has been determined by the courts or an agency 7 
established by the General Assembly and charged with enforcing the 8 
civil rights laws of the Commonwealth, not to afford full and equal 9 
membership and full and equal enjoyment of its goods, services, 10 
facilities, privileges, advantages, or accommodations to any person 11 
because of race, color, religion, national origin, or sex, except nothing 12 
shall be construed to deny a deduction for amounts paid to any religious 13 
or denominational club, group, or establishment or any organization 14 
operated solely for charitable or educational purposes which restricts 15 
membership to persons of the same religion or denomination in order to 16 
promote the religious principles for which it is established and 17 
maintained; 18 
6. Any deduction prohibited by KRS 141.205; and 19 
7. Any dividends-paid deduction of any captive real estate investment 20 
trust; and 21 
(d) 1. A deferred tax deduction in an amount computed in accordance with this 22 
paragraph. 23 
2. For purposes of this paragraph: 24 
a. "Net deferred tax asset" means that deferred tax assets exceed the 25 
deferred tax liabilities of the combined group, as computed in 26 
accordance with accounting principles generally accepted in the 27  UNOFFICIAL COPY  	23 RS BR 488 
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United States of America; and 1 
b. "Net deferred tax liability" means deferred tax liabilities that 2 
exceed the deferred tax assets of a combined group as defined in 3 
KRS 141.202, as computed in accordance with accounting 4 
principles generally accepted in the United States of America. 5 
3. Only publicly traded companies, including affiliated corporations 6 
participating in the filing of a publicly traded company's financial 7 
statements prepared in accordance with accounting principles generally 8 
accepted in the United States of America, as of January 1, 2019, shall be 9 
eligible for this deduction. 10 
4. If the provisions of KRS 141.202 result in an aggregate increase to the 11 
member's net deferred tax liability, an aggregate decrease to the 12 
member's net deferred tax asset, or an aggregate change from a net 13 
deferred tax asset to a net deferred tax liability, the combined group 14 
shall be entitled to a deduction, as determined in this paragraph. 15 
5. For ten (10) years beginning with the combined group's first taxable 16 
year beginning on or after January 1, 2024, a combined group shall be 17 
entitled to a deduction from the combined group's entire net income 18 
equal to one-tenth (1/10) of the amount necessary to offset the increase 19 
in the net deferred tax liability, decrease in the net deferred tax asset, or 20 
aggregate change from a net deferred tax asset to a net deferred tax 21 
liability. The increase in the net deferred tax liability, decrease in the net 22 
deferred tax asset, or the aggregate change from a net deferred tax asset 23 
to a net deferred tax liability shall be computed based on the change that 24 
would result from the imposition of the combined reporting requirement 25 
under KRS 141.202, but for the deduction provided under this paragraph 26 
as of June 27, 2019. 27  UNOFFICIAL COPY  	23 RS BR 488 
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6. The deferred tax impact determined in subparagraph 5. of this paragraph 1 
shall be converted to the annual deferred tax deduction amount, as 2 
follows: 3 
a. The deferred tax impact determined in subparagraph 5. of this 4 
paragraph shall be divided by the tax rate determined under KRS 5 
141.040; 6 
b. The resulting amount shall be further divided by the 7 
apportionment factor determined by KRS 141.120 or 141.121 that 8 
was used by the combined group in the calculation of the deferred 9 
tax assets and deferred tax liabilities as described in subparagraph 10 
5. of this paragraph; and 11 
c. The resulting amount represents the total net deferred tax 12 
deduction available over the ten (10) year period as described in 13 
subparagraph 5. of this paragraph. 14 
7. The deduction calculated under this paragraph shall not be adjusted as a 15 
result of any events happening subsequent to the calculation, including 16 
but not limited to any disposition or abandonment of assets. The 17 
deduction shall be calculated without regard to the federal tax effect and 18 
shall not alter the tax basis of any asset. If the deduction under this 19 
section is greater than the combined group's entire Kentucky net income, 20 
any excess deduction shall be carried forward and applied as a deduction 21 
to the combined group's entire net income in future taxable years until 22 
fully utilized. 23 
8. Any combined group intending to claim a deduction under this 24 
paragraph shall file a statement with the department on or before July 1, 25 
2019. The statement shall specify the total amount of the deduction 26 
which the combined group claims on the form, including calculations 27  UNOFFICIAL COPY  	23 RS BR 488 
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and other information supporting the total amounts of the deduction as 1 
required by the department. No deduction shall be allowed under this 2 
paragraph for any taxable year, except to the extent claimed on the 3 
timely filed statement in accordance with this paragraph. 4 
Section 11.   If any provision of this Act or the application thereof to any person 5 
or circumstance is held invalid, the invalidity shall not affect the other provisions or 6 
applications of the Act that can be given effect without the invalid provision or 7 
application, and to this end the provisions of this Act are severable. 8 
Section 12.   This Act may be cited as the Kentucky's Children Deserve Help Not 9 
Harm Act. 10 
Section 13.   This Act shall take effect January 1, 2024, so that children in this 11 
state currently using puberty-blocking drugs or cross-sex hormones have time for 12 
appropriate medication tapering and discontinuation under the care of their physician or 13 
other health care provider. 14