Kentucky 2024 Regular Session Status: Passed Senate Bipartisan · 2 R · 2 D cosponsors

SB 131 — AN ACT relating to elections and declaring an emergency.

Last action — to Elections, Const. Amendments & Intergovernmental Affairs (H)

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

This bill died with 2024 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Amend KRS 117.001 to define "electioneering communication," "information content provider," "interactive computer service," "sponsor," and "synthetic media"; create a new section of KRS Chapter 117 to establish a cause of action for the use of synthetic media in an electioneering communication; establish an affirmative defense that the electioneering communication includes a conspicuous disclosure; provide that the sponsor of the electioneering communication may be held liable, but the medium is not liable, except in certain circumstances.

Bill Text

What changed in the latest version

137 added · 128 removed

137 line(s) added, 128 removed.

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UNOFFICIAL COPY 24 RS BR 978 AN ACT relating to elections.
UNOFFICIAL COPY 24 RS SB 131/GA AN ACT relating to elections and declaring an emergency.
Page 1 of 8 XXXX 1/24/2024 3:37 PM Jacketed UNOFFICIAL COPY 24 RS BR 978 (7) "Election officer" has the same meaning as in KRS 118.015;
Page 1 of 9 SB013110.100 - 978 - XXXX 2/23/2024 9:42 AM GA UNOFFICIAL COPY 24 RS SB 131/GA (7) "Election officer" has the same meaning as in KRS 118.015;
Any communication that refers to any candidate only as part of the Page 2 of 8 XXXX 1/24/2024 3:37 PM Jacketed UNOFFICIAL COPY 24 RS BR 978 popular name of a bill or statute;
Any communication that refers to any candidate only as part of the Page 2 of 9 SB013110.100 - 978 - XXXX 2/23/2024 9:42 AM GA UNOFFICIAL COPY 24 RS SB 131/GA popular name of a bill or statute;
Page 3 of 8 XXXX 1/24/2024 3:37 PM Jacketed UNOFFICIAL COPY 24 RS BR 978 (15)[(12)] "Political group" has the same meaning as in KRS 118.015;
Page 3 of 9 SB013110.100 - 978 - XXXX 2/23/2024 9:42 AM GA UNOFFICIAL COPY 24 RS SB 131/GA (15)[(12)] "Political group" has the same meaning as in KRS 118.015;
Page 4 of 8 XXXX 1/24/2024 3:37 PM Jacketed UNOFFICIAL COPY 24 RS BR 978 (20) "Sponsor" means the person or entity paying for the electioneering communication.
Page 4 of 9 SB013110.100 - 978 - XXXX 2/23/2024 9:42 AM GA UNOFFICIAL COPY 24 RS SB 131/GA (20) "Sponsor" means the person or entity paying for the electioneering communication.
(21) (a) "Synthetic media" means an image, audio recording, or video recording of an individual's appearance, action, or speech that has been intentionally manipulated with the use of generative adversarial network techniques or other digital technology in a manner to create a realistic but false image, audio, or video that produces:
(21) (a) "Synthetic media" means an image, audio recording, or video recording of an identifiable natural individual's appearance, action, or speech that has been intentionally manipulated with the use of generative adversarial network techniques or other digital technology in a manner to create a realistic but false image, audio, or video that produces:
A depiction that, to a reasonable individual, is of a real individual in appearance, action, or speech that did not actually occur in reality;
A depiction that, to a reasonable individual, is of an identifiable natural individual in appearance, action, or speech that did not actually occur in reality and that was created without the consent of such individual;
1.
Page 5 of 9 SB013110.100 - 978 - XXXX 2/23/2024 9:42 AM GA UNOFFICIAL COPY 24 RS SB 131/GA 1.
Page 5 of 8 XXXX 1/24/2024 3:37 PM Jacketed UNOFFICIAL COPY 24 RS BR 978 a.
a.
Determine specific system changes to be made to a system after the initial qualification of the system;
Determine specific system changes to be made to a system after the Page 6 of 9 SB013110.100 - 978 - XXXX 2/23/2024 9:42 AM GA UNOFFICIAL COPY 24 RS SB 131/GA initial qualification of the system;
Page 6 of 8 XXXX 1/24/2024 3:37 PM Jacketed UNOFFICIAL COPY 24 RS BR 978 5.
5.
(2) It is an affirmative defense for any action brought under this section that the electioneering communication containing synthetic media includes a disclosure that is clear and conspicuous and included in, or alongside and associated with, Page 7 of 8 XXXX 1/24/2024 3:37 PM Jacketed UNOFFICIAL COPY 24 RS BR 978 the content in a manner that is likely to be noticed by the user.
(2) It is an affirmative defense for any action brought under this section that the electioneering communication containing synthetic media includes a disclosure Page 7 of 9 SB013110.100 - 978 - XXXX 2/23/2024 9:42 AM GA UNOFFICIAL COPY 24 RS SB 131/GA that is clear and conspicuous and included in, or alongside and associated with, the content in a manner that is likely to be noticed by the user.
and (b) The medium disseminating the electioneering communication shall not be held liable, except as provided in subsection (6) of this section.
and (b) The medium disseminating the electioneering communication and the advertising sales representative of such medium shall not be held liable, except as provided in subsection (6) of this section.
315, a medium may be held liable in a cause of action brought under this section if:
315, a medium or its advertising sales representative may be held liable in a cause of action brought under this section if:
(a) The medium intentionally removes any disclosure described in subsection (2) of this section from the electioneering communication it disseminates and does not remove the electioneering communication or replace the disclosure when notified;
(a) Such person intentionally removes any disclosure described in subsection (2) of this section from the electioneering communication it disseminates and does not remove the electioneering communication or replace the disclosure when notified;
or (b) Subject to affirmative defenses described in subsection (2) of this section, the medium changes the content of an electioneering communication in a manner that results in it qualifying as synthetic media, as defined in Section 1 of this Act.
or (b) Subject to affirmative defenses described in subsection (2) of this section, such person changes the content of an electioneering communication in a manner that results in it qualifying as synthetic media, as defined in Section 1 of this Act.
(b) An interactive computer service may be held liable in accordance with subsection (6) of this section.
(b) An interactive computer service may be held liable in accordance with Page 8 of 9 SB013110.100 - 978 - XXXX 2/23/2024 9:42 AM GA UNOFFICIAL COPY 24 RS SB 131/GA subsection (6) of this section.
Page 8 of 8 XXXX 1/24/2024 3:37 PM Jacketed
Section 3.
Whereas it is critically important to protect candidates from fraudulent misrepresentations of themselves and their issues, an emergency is declared to exist, and this Act takes effect upon its passage and approval by the Governor or upon its otherwise becoming a law.
Page 9 of 9 SB013110.100 - 978 - XXXX 2/23/2024 9:42 AM GA
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How this bill changes current law

8 changes Share ↗

Compared against the Kentucky Revised Statutes as published AI-generated reading aid — verify against the official bill.

The bill amends the definitions related to elections, primarily updating terms and timelines for electioneering communications and other voting-related concepts.

  • KRS 117.001

    unless the context otherwise requires

    The phrase 'unless the context otherwise requires' is removed, clarifying the definitions apply broadly.

  • KRS 117.001

    forty-five (45) days before a primary or regular election → thirty (30) days before a primary election or sixty (60) days before a general election

    The timeline for defining electioneering communications is shortened before primary elections and extended before general elections.

  • KRS 117.001

    that: 1. Unambiguously refers to any candidate for any state, county, city, or district office, or to any ballot measure; → that: 1. Unambiguously refers to any candidate for any state, county, city, or district office, or to any ballot measure;

    This line remains unchanged, ensuring electioneering communications maintain clarity regarding referencing candidates and ballot measures.

  • KRS 117.001

    means an automatic tabulating device used at the precinct to tabulate and process ballots;

    The definition of 'precinct ballot counter' is added to specify its function in processing ballots.

  • KRS 117.001

    means a document that was issued by: The United States or the Commonwealth of Kentucky, and the document contains:

    A comprehensive definition of 'proof of identification' is added to specify acceptable forms of identification.

  • KRS 117.001

    means an image, audio recording, or video recording of an identifiable natural individual's appearance, action, or speech that has been intentionally manipulated with the use of generative adversarial network techniques or other digital technology in a manner to create a realistic but false image, audio, or video that produces:

    A new definition of 'synthetic media' is introduced to address manipulated media in the context of elections.

  • KRS 117.001

    includes the practices and associated documentation used to: Identify system components and versions of those components;

    New specifications for the definition of 'voting system' now include documentation practices.

  • KRS 117.001

    means the total combination of physical, mechanical, electromechanical, or electronic equipment, including the software, hardware, firmware, and documentation required to program, control, and support that equipment, that is used to: Define ballots;

    The definition of 'voting system' is updated to include more detailed explanation regarding its components.

Action History

  1. to Elections, Const. Amendments & Intergovernmental Affairs (H)

  2. to Committee on Committees (H)

  3. received in House

  4. 3rd reading, passed 37-0 with Committee Substitute (1), Floor Amendment (1) and Floor Amendment (2-title)

  5. posted for passage in the Regular Orders of the Day for Friday, February 23, 2024

  6. floor amendment (1) filed to Committee Substitute , floor amendment (2-title) filed to bill

  7. 2nd reading, to Rules

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

  9. to State & Local Government (S)

  10. to Committee on Committees (S)

  11. introduced in Senate

Sponsors

Sponsorship breakdown

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4 sponsors · 0 co-sponsors · 134 not signed on

Sponsors (4)

Co-sponsors (0)

None.

Not signed on (134)

134 members have not signed on to this bill.

Show all 134 →

"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

PASS SB 131 W/ scs1 sfa1 sfta2

Passed 37 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democrat 3000
Unaffiliated 7000
Republican 27001
Total 37001
% of votes cast 97%0%0%3%
How each member voted (38)
Member Party Vote
Turner — Yea
Schickel — Yea
Southworth — Yea
Westerfield — Yea
Thayer — Yea
Yates — Yea
Harper Angel — Yea
Cassie Chambers Armstrong Democrat Yea
Gerald A. Neal Democrat Yea
Karen Berg Democrat Yea
Amanda Mays Bledsoe Republican Yea
Brandon J. Storm Republican Yea
Christian McDaniel Republican Yea
Danny Carroll Republican Yea
David P. Givens Republican Not Voting
Donald Douglas Republican Yea
Gary Boswell Republican Yea
Greg Elkins Republican Yea
Jared Carpenter Republican Yea
Jason Howell Republican Yea
Jason Nemes Republican Yea
Jimmy Higdon Republican Yea
Julie Raque Adams Republican Yea
Lindsey Tichenor Republican Yea
Matthew Deneen Republican Yea
Max Wise Republican Yea
Michael Meredith Republican Yea
Nick Wilson Republican Yea
Phillip Wheeler Republican Yea
Rick Girdler Republican Yea
Robby Mills Republican Yea
Robert Stivers Republican Yea
Robin L. Webb Republican Yea
Shelley Funke Frommeyer Republican Yea
Stephen West Republican Yea
Tom Smith Republican Yea
Wade Williams Republican Yea
Walker Thomas Republican Yea

Official roll call →

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 131 do?
Amend KRS 117.001 to define "electioneering communication," "information content provider," "interactive computer service," "sponsor," and "synthetic media"; create a new section of KRS Chapter 117 to establish a cause of action for the use of synthetic media in an electioneering communication; establish an affirmative defense that the electioneering communication includes a conspicuous disclosure; provide that the sponsor of the electioneering communication may be held liable, but the medium is not liable, except in certain circumstances.
Who sponsors SB 131?
SB 131 is sponsored by Amanda Mays Bledsoe (Republican), Gerald A. Neal (Democrat), Brandon J. Storm (Republican), and Reginald L. Thomas (Democrat).
What is the current status of SB 131?
This bill died with 2024 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 131?
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Last checked for changes 3 months ago · updated continuously

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