HB 867

UNOFFICIAL COPY  26 RS BR 165
1AN ACT relating to private spaces.
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)    As used in this section:
6(a)     "Biological sex" means the physical condition of being male or female,
7which is determined by a person's chromosomes and is identified at birth by
8a person's anatomy;
9(b)     "Elderly person" means a person sixty (60) years of age or older who is
10suffering from the infirmities of aging as manifested by advanced age or
11organic brain damage, or other physical, mental, or emotional dysfunction,
12to the extent that the ability of the person to adequately provide for the
13person's own care or protection is impaired;
14(c)     "Female" means a person belonging, at birth, to the biological sex which
15has the specific reproductive role of producing eggs;
16(d)     "Male" means a person belonging, at birth, to the biological sex which has
17the specific reproductive role of producing sperm;
18(e)     "Multi-occupancy private space" means a facility designed or designated
19for simultaneous use by more than one (1) individual and in which an
20individual may be in a state of undress in the presence of another
21individual, regardless of whether the facility provides curtains or partial
22walls for privacy, and includes a:
231.       Restroom;
242.       Locker room;
253.       Changing room; or
264.       Shower room;
27(f)     "Person with a disability" means a person who has a:
  Page 1 of 4
 XXXX 2/4/2026 4:00 PM  Jacketed
 UNOFFICIAL COPY  26 RS BR 165
11.       Physical or mental impairment, or record of having a physical or
2mental impairment, which substantially limits one (1) or more major
3life activities; or
42.       Disorder or syndrome that is attributable to intellectual disability,
5cerebral palsy, autism, spina bifida, Down syndrome, Phelan-
6McDermid syndrome, or Prader-Willi syndrome that manifests before
7the age of eighteen (18) and that constitutes a substantial handicap
8that can reasonably be expected to continue indefinitely;
9(g)     "Public building" means a building, or a portion thereof, which is owned,
10leased, or used by a state or local government;
11(h)     "Single-occupancy private space" means a facility designed or designated
12for use by only one (1) individual at a time, in which the individual may be
13in a state of undress, and includes:
141.       A single toilet with a locking door that is designed or designated as
15unisex or for use based on sex; or
162.       Sleeping quarters designed or designated for use by one (1) individual;
17and
18(i)     "State or local government" means:
191.       The executive branch of state government;
202.       The judicial branch of state government;
213.       The legislative branch of state government; or
224.       Any:
23a.     City government;
24b.     County government;
25c.     Urban-county government;
26d.     Charter county government;
27e.     Consolidated local government; or
  Page 2 of 4
 XXXX 2/4/2026 4:00 PM  Jacketed
 UNOFFICIAL COPY  26 RS BR 165
1f.   Unified local government.
2 (2)    A public building which maintains a multi-occupancy private space shall, at a
3minimum, have a:
4(a)     Multi-occupancy private space designated for exclusive use by females and
5a multi-occupancy private space designated for exclusive use by males; or
6(b)     Single-occupancy private space.
7 (3)    A person shall not enter a multi-occupancy private space designated for the
8opposite biological sex unless he or she is entering under the following
9circumstances:
10(a)     To accompany a person of the opposite biological sex for the purpose of
11assisting or chaperoning:
121.       A child under the age of twelve (12);
132.       An elderly person; or
143.       A person with a disability;
15(b)     For law enforcement or governmental regulatory purposes;
16(c)     For the purpose of rendering emergency medical assistance or to intervene
17in any other emergency situation where the health or safety of another
18person is at risk;
19(d)     For custodial, maintenance, or inspection purposes, provided that the multi-
20occupancy private space is not in use; or
21(e)     If the appropriate designated multi-occupancy private space is out of order
22or under repair and the multi-occupancy private space designated for the
23opposite sex does not contain a person of the opposite sex.
24 (4)    Any person who knowingly violates subsection (3) of this section shall be guilty of
25a Class A misdemeanor.
26 (5)    An employer shall not, without just cause, discharge or in any manner
27discriminate or retaliate against any person who:
  Page 3 of 4
 XXXX 2/4/2026 4:00 PM  Jacketed
 UNOFFICIAL COPY  26 RS BR 165
1(a)     In good faith makes a report of a possible violation of subsection (3) of this
2section to:
31.       Staff of a public building; or
42.       Law enforcement; or
5(b)     Testifies, or is about to testify, in any proceeding with regard to any report
6or investigation of a violation of subsection (3) of this section.
7 (6)    (a)     A person may bring a cause of action in the Circuit Court where the
8discriminatory or retaliatory conduct occurred if he or she:
91.       Was a participant in any reporting, investigation, or proceeding as a
10result of an allegation pursuant to subsection (3) of this section; and
112.       Believes that he or she has been discriminated or retaliated against
12pursuant to subsection (5) of this section.
13(b)     All claims under this subsection shall be initiated within two (2) years of the
14violation.
15 (7)    Any prevailing claimant shall be entitled to appropriate relief, including but not
16limited to any costs, expenses, and fees, including attorney's fees, associated with
17the claim. This section shall not limit other remedies at law or equity available to
18a prevailing claimant.
19 (8)    Any portion of this section declared invalid shall not affect the validity of the
20remaining portions of this section.
  Page 4 of 4
 XXXX 2/4/2026 4:00 PM  Jacketed