UNOFFICIAL COPY 23 RS SB 258/GA
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SB025810.100 - 849 - XXXX 3/13/2023 2:53 PM GA
AN ACT relating to discriminatory practices by state agencies. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 344 IS CREATED TO 3
READ AS FOLLOWS: 4
As used in Sections 1 and 2 of this Act: 5
(1) "Computer" means an electronic device that has the ability to store, retrieve, or 6
process information; 7
(2) "Digital identification" means any electronic process, procedure, or 8
documentation used to verify an individual's name, likeness, or other traits 9
unique to the individual; 10
(3) "Mobile device" means a portable device that has the capability to connect to the 11
Internet or communicate with other cellular devices; 12
(4) "Resident of the Commonwealth" means: 13
(a) An individual residing in the Commonwealth; 14
(b) A domestic business entity with a location in the Commonwealth; 15
(c) A foreign business entity registered with the Secretary of State; 16
(d) An individual that is employed and works at a location or locations within 17
the Commonwealth; 18
(e) An individual or business entity that owns real property within the 19
Commonwealth; or 20
(f) Any individual or business entity that has been authorized to act on behalf 21
of an individual or business entity defined in paragraphs (a) to (e) of this 22
subsection; and 23
(5) "State agency" means any department, commission, council, board, bureau, 24
committee, institution, legislative body, agency, government corporation, or other 25
entity of the executive, judicial, or legislative branch of the state government. 26
SECTION 2. A NEW SECTION OF KRS CHAPTER 344 IS CREATED TO 27 UNOFFICIAL COPY 23 RS SB 258/GA
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SB025810.100 - 849 - XXXX 3/13/2023 2:53 PM GA
READ AS FOLLOWS: 1
(1) It is an unlawful practice for a state agency within the Commonwealth to: 2
(a) Require a resident of the Commonwealth to own, operate, or communicate 3
with any state agency using a mobile device, computer, or digital 4
identification in order to receive benefits or entitlements for which the 5
person would otherwise be eligible. An alternate method of communication 6
or validation shall be provided by the state agency; 7
(b) Deny a resident of the Commonwealth access to any state building, agency, 8
or department of the state that is responsible for providing benefits or 9
entitlements based on ownership of a mobile device, computer, or digital 10
identification. An alternate method of access shall be provided by the state 11
agency; 12
(c) Deny access to a court hearing based on ownership of a mobile device, 13
computer, or digital identification. An alternate method of access shall be 14
provided by the state agency; 15
(d) Exclude a person from receiving benefits or entitlements for which he or 16
she would otherwise be eligible based on ownership of a mobile device, 17
computer, or digital identification. An alternate method of receipt of 18
benefits shall be provided by the state agency; or 19
(e) Require exclusively credit or other electronic payment methods. A method 20
of accepting cash payments shall be required. 21
(2) Sections 1 and 2 of this Act shall be subject to KRS 344.450. 22
Section 3. This Act may be cited as the Digital Identification Act. 23