Ban on college diversity initiatives among bills proposed on KY legislature opening day

A bill prohibiting instruction in Kentucky’s public colleges and universities that promotes such “divisive concepts” as “race or sex scapegoating,” a belief that some individuals are “inherently privileged” and any teaching that suggests all “Americans are not created equal,” was filed by a Republican lawmaker Tuesday, the first day of the legislative session.

Sen. Mike Wilson, R-Bowling Green, filed Senate Bill 6, which seeks to limit diversity, equity and inclusion, or DEI, practices and initiatives at public colleges and universities by way of “non-credit classes, seminars, workshops, trainings and orientations.”

A handful of states with Republican majorities have passed DEI bills in recent years, perhaps most notably in Florida.

Ron DeSantis, the Republican governor and presidential hopeful, signed into law a sweeping bill limiting DEI initiatives on college campuses earlier this year. At the time, DeSantis mockingly said DEI should stand for “discrimination, exclusion and indoctrination.”

Wilson’s bill relies on nearly identical language from a similar bill passed by the Tennessee state legislature in 2022, including its definitions for “divisive concepts.” That bill was signed into law by Tennessee Republican Gov. Bill Lee after passage through the state’s GOP-led legislature.

Unlike the Tennessee bill, Wilson’s bill states that a person can sue a higher education institution for damages, not to exceed $100,000, if they are aggrieved by that institution not following the bill.

Concepts considered “divisive” that would be prohibited under Wilson’s proposal include:

• That an individual, by virtue of the individual’s race or sex, is inherently privileged, racist, sexist, or oppressive, whether consciously or subconsciously.

• The Commonwealth of Kentucky or the United States of America is fundamentally or irredeemably racist or sexist.

• An individual, by virtue of the individual’s race or sex, bears responsibility for actions committed in the past by other members of the same race or sex.

• A meritocracy is inherently racist or sexist, or designed by a particular race or sex to oppress another race or sex.

• Promotes or advocates the violent overthrow of the United States government.

Initiatives or classroom lectures or teachings that promote “division between, or resentment of” a group of people based on race, sex, religion, social class or nonviolent political affiliation would also be outlawed under the bill, as well as concepts that include “race or sex stereotyping (or) scapegoating.”

Racial stereotyping, according to the bill language, refers to “assigning fault, blame or bias” to a certain race or sex and claiming that “members of a race are inherently racist or inclined to oppress others.”

The bill would also establish that no student or faculty member would be “required to endorse a specific ideology or political viewpoint to be eligible for hiring, contract renewal, tenure, promotion, or graduation.”

The bill also appears to seek to ban what are often referred to as diversity statements from students or staff, which is when an individual is asked to write a letter or sign a statement affirming their belief and work toward a diverse, equitable and inclusive environment.

Mandatory training for students or staff that include any of these “divisive concepts” would be prohibited.

University of Kentucky spokesperson Jay Blanton said UK received a copy of the bill Tuesday evening and its staff will “take the appropriate time to review it and, as with any legislation impacting higher education, will engage in discussions with legislators, policymakers and our campus.”

But, Blanton added, “We are a campus steadfastly committed to ensuring that we are a place of belonging for everyone, as well as a community dedicated to the fundamental academic value and principle of open inquiry and the free exchange of ideas. Those ideas are not only compatible, but essential to who we are and what we do as Kentucky’s university.”

Schools would still be allowed to provide training on federal and state non-discrimination requirements under the bill.

The bill also states that none of its provisions shall threaten free speech, academic freedom or compliance with academic accreditation requirements.

Changing governor’s election years?

A constitutional amendment moving governor’s elections from odd-numbered off years to align with presidential election cycles was proposed Tuesday.

Sen. Chris McDaniel, R-Ryland Heights, filed Senate Bill 10, which would move elections for all statewide offices — governor and lieutenant governor, attorney general, secretary of state, commissioner of agriculture, auditor and treasurer — from the year preceding a presidential election to align with the presidential election starting in 2032.

McDaniel is no stranger to being on the ballot on a gubernatorial year. He was U.S. Rep. James Comer’s lieutenant governor pick when Comer fell just short of the 2015 GOP gubernatorial nomination to Republican former Gov. Matt Bevin.

As chair of the Senate Appropriations and Revenue Committee, McDaniel is a major player in the legislature. However, his last constitutional amendment push — one barring governor’s from making certain last minute pardons — did not gain final passage two years ago.

Anti-immunization

Rep. Emily Callaway, R-Louisville, filed House Bill 41 to bar public funds from going toward incentives for immunizations.

Callaway, now in her second year as a state legislator, made headlines last session when she filed a bill to allow abortion to be prosecuted as homicide. That bill did not move beyond the initial proposal.

Westerfield family support bill

Sen. Whitney Westerfield, R-Fruit Hill, unveiled a large appropriations bill, Senate Bill 34, targeted at upping state investment in various programs meant to benefit low-income parents and their children.

The highest-dollar item is a $248 million General Fund investment over the next two years for the continuation of the Child Care Assistance Program, a number higher than that proposed by Gov. Andy Beshear.

Many such child care and day care assistance programs are running out in the state after being funded through the federal American Rescue Plan Act.

Ban on source of income discrimination prohibition

The Lexington-Fayette Urban County Council is currently considering a local ban on landlords refusing to lease to a tenant based on a lawful source of income that is not received from an employer, such as Section 8 Vouchers.

House Bill 18 filed by Rep. Ryan Dotson, R-Winchester, would disallow local governments from adopting or enforcing those bans. Jefferson County already has such a ban in place.

Dotson, a business owner in Clark County, also proposes a ban on local governments charging rental property owners from paying for an “emergency response fee that arises out of the actions of another over which the owner has no control.”

Tax expenditure review

Rep. Ken Fleming, R-Louisville, filed House Bill 58 to create a Tax Expenditure and Economic Development Incentive Review Board.

Kentucky “spends” about $9.1 billion on tax breaks and exemptions per year, the Herald-Leader reported last month. That total is well over half of the state’s annual General Fund budget. Fleming’s proposed board would increase scrutiny on those tax breaks.

The bill also proposes to add requirements for introducing new exemptions into the state’s tax code and to collect more data on economic development incentives.

Death penalty abolition

Rep. James Tipton, R-Taylorsville, proposes in House Bill 38 to abolish the death penalty in the state of Kentucky.

All people sentenced to death in Kentucky would instead be sentenced to life without parole by the effective date of the bill, 90 days after session adjourns.

Since establishing its modern death penalty system in 1975, Kentucky has sentenced 82 individuals to death, but only three executions have taken place. The most recent execution occurred in 2008.