Kentucky 2022 Regular Session Status: Enacted 6 R cosponsors

SB 83 — AN ACT relating to athletics.

Last action — delivered to Secretary of State (Acts Ch. 198)

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 11, 2022. Enacted.

Prognosis

Likely to advance 82% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 6 sponsors

    6 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (6 R).

  • Cleared a recorded vote

    Passed 6 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amend KRS 156.070 to require the Board of Education or agency designated by the Board of Education to manage interscholastic athletics to promulgate administrative regulations or bylaws requiring schools that participate in interscholastic athletics to designate all athletic teams, activities, and sports based upon the biological sex of the students eligible to participate; prohibit male students from participating in athletic teams, activities, and sports designated as "girls"; prohibit designated agencies from entertaining complaints or investigations of policies; create a new section of KRS Chapter 158 to create a cause of action against a school that violates these provisions; require that an action be brought within two years; provide that the Act may be cited as the Save Women’s Sports Act.

Bill Text

What changed in the latest version

210 added · 285 removed

Plain-language change summary

The recent changes to SB 83 provide clearer guidance on how the Kentucky Board of Education will manage interscholastic athletics, including the ability to designate an organization to oversee these programs. Notably, the amendment emphasizes that if a secondary school offers a sport like those that qualify for NCAA scholarships, it must also include that specific sport in its athletic offerings. Additionally, it ensures representation for nonpublic schools in the governing bodies of designated organizations. These updates are significant because they aim to create fair competition and accessibility in school sports, thereby benefitting more students across different types of schools.

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UNOFFICIAL COPY 22 RS SB 83/VO AN ACT relating to athletics.
CHAPTER 198 1 CHAPTER 198 ( SB 83 ) AN ACT relating to athletics.
(b) Beginning with the 2003-2004 school year, the state board shall require any agency or organization designated by the state board to manage interscholastic athletics to adopt bylaws that establish as members of the agency's or organization's board of control one (1) representative of nonpublic member schools who is elected by the nonpublic school members of the agency or organization from regions one (1) through eight (8) and one (1) representative Page 1 of 10 SB008390.100 - 1407 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS SB 83/VO of nonpublic member schools who is elected by the nonpublic member schools of the agency or organization from regions nine (9) through sixteen (16).
(b) Beginning with the 2003-2004 school year, the state board shall require any agency or organization designated by the state board to manage interscholastic athletics to adopt bylaws that establish as members of the agency's or organization's board of control one (1) representative of nonpublic member schools who is elected by the nonpublic school members of the agency or organization from regions one (1) through eight (8) and one (1) representative of nonpublic member schools who is elected by the nonpublic member schools of the agency or organization from regions nine (9) through sixteen (16).
The state board or any agency designated by the state board to manage interscholastic athletics shall allow a member school's team or students to play against students of a non-member at-home private school, or a team of students from non-member at-home private schools, if the non- member at-home private schools and students comply with this subsection.
The state board or any agency designated by the state board to manage interscholastic athletics shall allow a member school's team or students to play against students of a non-member at- home private school, or a team of students from non-member at-home private schools, if the non- member at-home private schools and students comply with this subsection.
Page 2 of 10 SB008390.100 - 1407 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS SB 83/VO b.
b.
3.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY 3.
(e) Every local board of education shall require an annual medical examination performed and signed by a physician, physician assistant, advanced practice registered nurse, or chiropractor, if performed within the professional's scope of practice, for each student seeking eligibility to participate in any school Page 3 of 10 SB008390.100 - 1407 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS SB 83/VO athletic activity or sport.
(e) Every local board of education shall require an annual medical examination performed and signed by a physician, physician assistant, advanced practice registered nurse, or chiropractor, if performed within the professional's scope of practice, for each student seeking eligibility to participate in any school athletic activity or sport.
Page 4 of 10 SB008390.100 - 1407 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS SB 83/VO 2.
2.
3.
CHAPTER 198 3 3.
The administrative regulations shall give preference to the hiring or assignment of certified personnel in coaching Page 5 of 10 SB008390.100 - 1407 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS SB 83/VO positions.
The administrative regulations shall give preference to the hiring or assignment of certified personnel in coaching positions.
The lease may be for any initial term commencing with the date of the lease and ending with the next ensuing June 30, which is the close of the then-current fiscal biennium of the Commonwealth, with exclusive options in favor of the board to renew the same for successive ensuing bienniums, July 1 in each even year to June 30 in Page 6 of 10 SB008390.100 - 1407 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS SB 83/VO the next ensuing even year;
The lease may be for any initial term commencing with the date of the lease and ending with the next ensuing June 30, which is the close of the then-current fiscal biennium of the Commonwealth, with exclusive options in favor of the board to renew the same for successive ensuing bienniums, July 1 in each even year to June 30 in the next ensuing even year;
(c) The Kentucky Board of Education shall not itself operate leased television facilities, or undertake the preparation of the educational presentations or films to be transmitted thereby, but may enter into one (1) or more contracts to provide therefor, with any public agency and instrumentality of the Commonwealth having, or able to provide, a staff with proper technical qualifications, upon which agency and instrumentality the board, through the Page 7 of 10 SB008390.100 - 1407 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS SB 83/VO chief state school officer and the Department of Education, is represented in such manner as to coordinate matters of curriculum with the curricula prescribed for the public schools of the Commonwealth.
(c) The Kentucky Board of Education shall not itself operate leased television facilities, or undertake the preparation of the educational presentations or films to be transmitted thereby, but may enter into one Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (1) or more contracts to provide therefor, with any public agency and instrumentality of the Commonwealth having, or able to provide, a staff with proper technical qualifications, upon which agency and instrumentality the board, through the chief state school officer and the Department of Education, is represented in such manner as to coordinate matters of curriculum with the curricula prescribed for the public schools of the Commonwealth.
All administrative regulations published or distributed by the board Page 8 of 10 SB008390.100 - 1407 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS SB 83/VO shall be enclosed in a booklet or binder on which the words "informational copy" shall be clearly stamped or printed.
All administrative regulations published or distributed by the board shall be enclosed in a booklet or binder on which the words "informational copy" shall be clearly stamped or printed.
Nothing in this section shall be construed to restrict the eligibility of any student to participate in an athletic activity or sport designated as "mens" or "coed." (2) The sex of a student for the purpose of determining eligibility to participate in an athletic activity or sport or to use an athletic facility designated for the exclusive Page 9 of 10 SB008390.100 - 1407 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS SB 83/VO use of a single sex shall be determined by:
Nothing in this section shall be construed to restrict the eligibility of any student to participate in an athletic activity or sport designated as "mens" or "coed." (2) The sex of a student for the purpose of determining eligibility to participate in an athletic activity or sport or to use an athletic facility designated for the exclusive use of a single sex shall be determined by:
(3) A government entity, licensing or accrediting organization, or athletic association or organization shall not entertain a complaint, open an investigation, or take any other adverse action against a postsecondary education institution for maintaining a separate interscholastic or intramural athletic team, activity, sport, or event for members of the female sex.
(3) A government entity, licensing or accrediting organization, or athletic association or organization shall not entertain a complaint, open an investigation, or take any other adverse action against a postsecondary CHAPTER 198 5 education institution for maintaining a separate interscholastic or intramural athletic team, activity, sport, or event for members of the female sex.
This Act may be cited as the "Fairness in Womens' Sports Act." Page 10 of 10 SB008390.100 - 1407 - XXXX Vetoed and Overriden
This Act may be cited as the "Fairness in Womens' Sports Act." Veto Overridden and Signed by Secretary of State April 13, 2022.
Legislative Research Commission PDF Version
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Action History

  1. delivered to Secretary of State (Acts Ch. 198)

  2. enrolled, signed by Speaker of the House

  3. enrolled, signed by President of the Senate

  4. received in Senate

  5. passed 72-23

  6. veto overridden

  7. posted for passage for consideration of Governor's veto

  8. taken from Rules

  9. to Rules (H)

  10. received in House

  11. passed 29-8

  12. veto overridden

  13. posted for passage for consideration of Governor's veto

  14. to Rules (S)

  15. received in Senate

  16. Vetoed

  17. delivered to Governor

  18. enrolled, signed by Speaker of the House

  19. enrolled, signed by President of the Senate

  20. passed 26-9

  21. Senate concurred in House Committee Substitute (1)

  22. posted for passage for concurrence in House Committee Substitute (1)

  23. to Rules (S)

  24. received in Senate

  25. 3rd reading, passed 70-23 with Committee Substitute (1)

  26. floor amendment (1) filed to Committee Substitute

  27. posted for passage in the Regular Orders of the Day for Monday, March 14, 2022

  28. 2nd reading, to Rules

  29. reported favorably, 1st reading, to Calendar with Committee Substitute (1)

  30. to Education (H)

  31. to Committee on Committees (H)

  32. received in House

  33. passed 27-8 with Committee Substitute (1) and floor amendment (2)

  34. floor amendment (1) withdrawn

  35. 3rd reading

  36. posted for passage in the Regular Orders of the Day for Wednesday, February 16, 2022

  37. floor amendments (1) and (2) filed to Committee Substitute

  38. 2nd reading, to Rules

  39. reported favorably, 1st reading, to Calendar with Committee Substitute (1)

  40. to Education (S)

  41. to Committee on Committees (S)

  42. introduced in Senate

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

6 sponsors · 0 co-sponsors · 132 not signed on · 15 voted No

Sponsors (6)

Co-sponsors (0)

None.

Not signed on (132)

132 members have not signed on to this bill.

Show all 132 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

FINAL PASSAGE SB 83 VETO OVERRIDE

Passed 29 Yea · 8 Nay
Party YeaNayPresentNot Voting
Unaffiliated 12600
Republican 17000
Democrat 0200
Total 29800
% of votes cast 78%22%0%0%
How each member voted (37)
Member Party Vote
Nemes — Yea
Alvarado — Yea
Hornback — Yea
Turner — Yea
Schickel — Yea
Smith — Yea
Castlen — Yea
Meredith — Yea
Southworth — Yea
Westerfield — Yea
Parrett — Yea
Thayer — Yea
Kerr — Nay
Thomas — Nay
McGarvey — Nay
Schroder — Nay
Yates — Nay
Harper Angel — Nay
Gerald A. Neal Democrat Nay
Karen Berg Democrat Nay
Brandon J. Storm Republican Yea
Christian McDaniel Republican Yea
Danny Carroll Republican Yea
David P. Givens Republican Yea
Donald Douglas Republican Yea
Jared Carpenter Republican Yea
Jason Howell Republican Yea
Jimmy Higdon Republican Yea
Julie Raque Adams Republican Yea
Max Wise Republican Yea
Mike Wilson Republican Yea
Phillip Wheeler Republican Yea
Rick Girdler Republican Yea
Robby Mills Republican Yea
Robert Stivers Republican Yea
Robin L. Webb Republican Yea
Stephen West Republican Yea

Official roll call →

Veto Override

Passed 72 Yea · 23 Nay · 5 Other
Party YeaNayPresentNot Voting
Republican 49103
Unaffiliated 221402
Democrat 1800
Total 722305
% of votes cast 72%23%0%5%
How each member voted (100)
Member Party Vote
Fischer — Yea
Rowland — Yea
Bechler — Yea
Bentley — Yea
Meredith — Yea
Santoro — Yea
Sheldon — Yea
Koenig — Yea
Nemes — Yea
Smith — Yea
Thomas — Yea
Pratt — Yea
Dixon — Yea
Hatton — Yea
Prunty — Yea
Heath — Yea
Massey — Yea
Webber — Yea
DuPlessis — Yea
McCoy — Yea
Flood — Nay
Timoney — Nay
Scott — Nay
Westrom — Nay
Burch — Nay
Graham — Nay
Minter — Nay
Wheatley — Nay
Cantrell — Nay
Palumbo — Nay
Donohue — Nay
Jenkins — Nay
Raymond — Nay
Huff R — Yea
Kirk McCormick — Yea
Miller C — Not Voting
Miller J — Not Voting
Stevenson C — Nay
Al Gentry Democrat Nay
Ashley Tackett Laferty Democrat Yea
George Brown Jr. Democrat Nay
Keturah J. Herron Democrat Nay
Lisa Willner Democrat Nay
Mary Lou Marzian Democrat Nay
Nima Kulkarni Democrat Nay
Pamela Stevenson Democrat Nay
Tina Bojanowski Democrat Nay
Aaron Reed Republican Yea
Adam Bowling Republican Yea
Bill Wesley Republican Yea
Bobby McCool Republican Yea
Chris Freeland Republican Yea
Chris Fugate Republican Yea
DJ Johnson Republican Yea
Daniel Elliott Republican Yea
Daniel Fister Republican Yea
David Hale Republican Yea
David Meade Republican Yea
David W. Osborne Republican Yea
Deanna Gordon Republican Yea
Derek Lewis Republican Yea
Felicia Rabourn Republican Yea
James Tipton Republican Yea
Jason Petrie Republican Yea
Jennifer Decker Republican Yea
Jim Gooch Jr. Republican Yea
John Blanton Republican Yea
Josh Branscum Republican Yea
Josh Bray Republican Yea
Josh Calloway Republican Not Voting
Ken Fleming Republican Yea
Ken Upchurch Republican Yea
Kim Banta Republican Not Voting
Kim King Republican Yea
Kimberly Poore Moser Republican Yea
Mark Hart Republican Yea
Mary Beth Imes Republican Yea
Matt Lockett Republican Yea
Matthew Koch Republican Yea
Michael Sarge Pollock Republican Yea
Myron Dossett Republican Yea
Nancy Tate Republican Yea
Patrick Flannery Republican Yea
Randy Bridges Republican Yea
Richard White Republican Not Voting
Ryan Dotson Republican Yea
Samara Heavrin Republican Yea
Savannah Maddox Republican Yea
Scott Lewis Republican Yea
Scott Sharp Republican Yea
Shane Baker Republican Yea
Shawn McPherson Republican Yea
Steve Bratcher Republican Yea
Steve Riley Republican Yea
Steven Rudy Republican Yea
Suzanne Miles Republican Yea
T.J. Roberts Republican Nay
Thomas Huff Republican Yea
Timmy Truett Republican Yea
William Lawrence Republican Yea

Official roll call →

FINAL PASSAGE SB 83 w/ hcs1

Passed 26 Yea · 9 Nay
Party YeaNayPresentNot Voting
Unaffiliated 10600
Republican 16100
Democrat 0200
Total 26900
% of votes cast 74%26%0%0%
How each member voted (35)
Member Party Vote
Alvarado — Yea
Thayer — Yea
Schickel — Yea
Smith — Yea
Castlen — Yea
Meredith — Yea
Southworth — Yea
Embry — Yea
Nemes — Yea
Parrett — Yea
Kerr — Nay
Thomas — Nay
McGarvey — Nay
Schroder — Nay
Yates — Nay
Harper Angel — Nay
Gerald A. Neal Democrat Nay
Karen Berg Democrat Nay
Brandon J. Storm Republican Yea
Christian McDaniel Republican Yea
Danny Carroll Republican Yea
David P. Givens Republican Yea
Donald Douglas Republican Yea
Jared Carpenter Republican Yea
Jason Howell Republican Nay
Jimmy Higdon Republican Yea
Julie Raque Adams Republican Yea
Max Wise Republican Yea
Mike Wilson Republican Yea
Phillip Wheeler Republican Yea
Rick Girdler Republican Yea
Robby Mills Republican Yea
Robert Stivers Republican Yea
Robin L. Webb Republican Yea
Stephen West Republican Yea

Official roll call →

Pass

Passed 70 Yea · 23 Nay · 5 Other
Party YeaNayPresentNot Voting
Republican 49103
Unaffiliated 201501
Democrat 1701
Total 702305
% of votes cast 71%23%0%5%
How each member voted (98)
Member Party Vote
DuPlessis — Yea
Rowland — Yea
Bechler — Yea
Meredith — Yea
Bentley — Yea
Santoro — Yea
Sheldon — Yea
Koenig — Yea
Nemes — Yea
Smith — Yea
Thomas — Yea
Pratt — Yea
Hatton — Yea
Prunty — Yea
Dixon — Yea
Heath — Yea
McCoy — Yea
Webber — Yea
Flood — Nay
Timoney — Nay
Scott — Nay
Westrom — Nay
Burch — Nay
Graham — Nay
Minter — Nay
Wheatley — Nay
Cantrell — Nay
Palumbo — Nay
Donohue — Nay
Jenkins — Nay
Raymond — Nay
Massey — Not Voting
Kirk McCormick — Yea
Miller C — Nay
Miller J — Yea
Stevenson C — Nay
Al Gentry Democrat Nay
Ashley Tackett Laferty Democrat Yea
George Brown Jr. Democrat Nay
Keturah J. Herron Democrat Nay
Lisa Willner Democrat Nay
Mary Lou Marzian Democrat Not Voting
Nima Kulkarni Democrat Nay
Pamela Stevenson Democrat Nay
Tina Bojanowski Democrat Nay
Aaron Reed Republican Yea
Adam Bowling Republican Yea
Bill Wesley Republican Yea
Bobby McCool Republican Yea
Chris Freeland Republican Yea
Chris Fugate Republican Yea
DJ Johnson Republican Yea
Daniel Elliott Republican Yea
Daniel Fister Republican Yea
David Hale Republican Yea
David Meade Republican Yea
David W. Osborne Republican Yea
Deanna Gordon Republican Yea
Derek Lewis Republican Yea
Felicia Rabourn Republican Yea
James Tipton Republican Yea
Jason Petrie Republican Yea
Jennifer Decker Republican Yea
Jim Gooch Jr. Republican Not Voting
John Blanton Republican Yea
Josh Branscum Republican Yea
Josh Bray Republican Yea
Josh Calloway Republican Yea
Ken Fleming Republican Yea
Ken Upchurch Republican Yea
Kim Banta Republican Not Voting
Kim King Republican Yea
Kimberly Poore Moser Republican Yea
Mark Hart Republican Yea
Mary Beth Imes Republican Yea
Matt Lockett Republican Yea
Matthew Koch Republican Yea
Michael Sarge Pollock Republican Yea
Myron Dossett Republican Yea
Nancy Tate Republican Yea
Patrick Flannery Republican Yea
Randy Bridges Republican Yea
Richard White Republican Not Voting
Ryan Dotson Republican Yea
Samara Heavrin Republican Yea
Savannah Maddox Republican Yea
Scott Lewis Republican Yea
Scott Sharp Republican Yea
Shane Baker Republican Yea
Shawn McPherson Republican Yea
Steve Bratcher Republican Yea
Steve Riley Republican Yea
Steven Rudy Republican Yea
Suzanne Miles Republican Yea
T.J. Roberts Republican Nay
Thomas Huff Republican Yea
Timmy Truett Republican Yea
William Lawrence Republican Yea

Official roll call →

Adopt SFA 2 to SB 83 W/ scs1

Passed 34 Yea · 1 Nay
Party YeaNayPresentNot Voting
Unaffiliated 15100
Republican 17000
Democrat 2000
Total 34100
% of votes cast 97%3%0%0%
How each member voted (35)
Member Party Vote
Alvarado — Yea
Turner — Yea
Schickel — Yea
Smith — Yea
McGarvey — Yea
Southworth — Yea
Westerfield — Yea
Castlen — Yea
Meredith — Yea
Thayer — Yea
Nemes — Yea
Thomas — Yea
Yates — Yea
Parrett — Yea
Schroder — Nay
Harper Angel — Yea
Gerald A. Neal Democrat Yea
Karen Berg Democrat Yea
Brandon J. Storm Republican Yea
Christian McDaniel Republican Yea
Danny Carroll Republican Yea
David P. Givens Republican Yea
Donald Douglas Republican Yea
Jared Carpenter Republican Yea
Jason Howell Republican Yea
Jimmy Higdon Republican Yea
Julie Raque Adams Republican Yea
Max Wise Republican Yea
Mike Wilson Republican Yea
Phillip Wheeler Republican Yea
Rick Girdler Republican Yea
Robby Mills Republican Yea
Robert Stivers Republican Yea
Robin L. Webb Republican Yea
Stephen West Republican Yea

Official roll call →

PASS SB 83 W/ scs1 sfa2

Passed 27 Yea · 8 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11500
Republican 16100
Democrat 0200
Total 27800
% of votes cast 77%23%0%0%
How each member voted (35)
Member Party Vote
Alvarado — Yea
Schickel — Yea
Smith — Yea
Meredith — Yea
Southworth — Yea
Westerfield — Yea
Castlen — Yea
Nemes — Yea
Parrett — Yea
Thayer — Yea
Turner — Yea
Thomas — Nay
McGarvey — Nay
Schroder — Nay
Yates — Nay
Harper Angel — Nay
Gerald A. Neal Democrat Nay
Karen Berg Democrat Nay
Brandon J. Storm Republican Yea
Christian McDaniel Republican Yea
Danny Carroll Republican Yea
David P. Givens Republican Yea
Donald Douglas Republican Yea
Jared Carpenter Republican Yea
Jason Howell Republican Nay
Jimmy Higdon Republican Yea
Julie Raque Adams Republican Yea
Max Wise Republican Yea
Mike Wilson Republican Yea
Phillip Wheeler Republican Yea
Rick Girdler Republican Yea
Robby Mills Republican Yea
Robert Stivers Republican Yea
Robin L. Webb Republican Yea
Stephen West Republican Yea

Official roll call →

Subjects

civil-rights education
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Frequently asked questions

What does SB 83 do?
Amend KRS 156.070 to require the Board of Education or agency designated by the Board of Education to manage interscholastic athletics to promulgate administrative regulations or bylaws requiring schools that participate in interscholastic athletics to designate all athletic teams, activities, and sports based upon the biological sex of the students eligible to participate; prohibit male students from participating in athletic teams, activities, and sports designated as "girls"; prohibit designated agencies from entertaining complaints or investigations of policies; create a new section of KRS Chapter 158 to create a cause of action against a school that violates these provisions; require that an action be brought within two years; provide that the Act may be cited as the Save Women’s Sports Act.
Who sponsors SB 83?
SB 83 is sponsored by Robby Mills (Republican), Max Wise (Republican), Danny Carroll (Republican), Rick Girdler (Republican), Phillip Wheeler (Republican), and Mike Wilson (Republican).
What is the current status of SB 83?
This bill has been enacted into law. Introduced January 11, 2022. Enacted.
Where can I track SB 83?
Track SB 83 free on One Click Politics — get push/email alerts when it moves.

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