UNOFFICIAL COPY 23 RS BR 897 Page 1 of 2 XXXX 1/6/2023 8:19 AM Jacketed AN ACT relating to banning social media applications from public agency 1 technology and declaring an emergency. 2 Be it enacted by the General Assembly of the Commonwealth of Kentucky: 3 SECTION 1. A NEW SECTION OF KRS CHAPTER 61 IS CREATED TO 4 READ AS FOLLOWS: 5 (1) For the purposes of this section: 6 (a) "TikTok" means the social networking service owned by the Chinese 7 company ByteDance Limited or any successor application; and 8 (b) "Public agency" means: 9 1. Every state office, department, officer, bureau, board, commission, 10 and authority; 11 2. Every legislative board, commission, committee, and officer; or 12 3. Every county and city governing body, council, school district board, 13 special district board, municipal corporation, or any board 14 department, committee, subcommittee, ad hoc committee, council, or 15 agency thereof. 16 (2) No public agency, employee of a public agency, or person or entity who contracts 17 with a public agency shall download or use the TikTok application or visit the 18 TikTok website on any: 19 (a) Network owned, operated, or otherwise under the control of a public 20 agency; or 21 (b) Device issued by a public agency, including but not limited to: 22 1. Cellphone; 23 2. Computer; or 24 3. Any other device capable of Internet connectivity. 25 (3) Notwithstanding KRS 42.728, the Commonwealth Office of Technology shall 26 implement controls for executive branch agencies to prevent the use of TikTok on 27 UNOFFICIAL COPY 23 RS BR 897 Page 2 of 2 XXXX 1/6/2023 8:19 AM Jacketed public agency-issued equipment or while connected to any network owned, 1 operated, or otherwise under the control of a public agency. 2 (4) All other public agencies shall implement controls to prevent the use of TikTok 3 on equipment issued by a public agency or while connected to any network 4 owned, operated, or otherwise under the control of a public agency. 5 (5) The judicial branch of state government may implement controls to prevent the 6 use of TikTok on equipment issued by a public agency or while connected to any 7 network owned, operated, or otherwise under the control of a public agency. 8 Section 2. Whereas preserving the safety, security, privacy, and way of life of 9 the Commonwealth and its citizens is of paramount importance, and the state must take 10 steps to prevent the collection of private data of Kentucky citizens by platforms such as 11 TikTok that may share sensitive information with foreign governments, an emergency is 12 declared to exist, and this Act takes effect upon its passage and approval by the Governor 13 or upon its otherwise becoming a law. 14