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HB 103 Kentucky House · 2026 Regular Session

AN ACT relating to water fluoridation programs.

Summary
Amend KRS 211.190 to make water fluoridation programs optional; allow the governing bodies of water systems subject to regulation by the Cabinet for Health and Family Services to decide whether they participate in water fluoridation programs; provide that a water fluoridation program in place on the effective date of the Act continues until action is taken by its governing body to end its participation; provide that any decision regarding participation in a water fluoridation program made by the governing body of a water system shall be binding on all water systems it supplies; provide that a governing body, a member or employee of a governing body, or any public or private entity that may be held liable for the actions of a governing body that makes any decision regarding its participation in an optional water fluoridation program shall be immune from civil or criminal liability for acts carried out reasonably and in good faith regarding its decision of whether to participate in the water fluoridation program.
Bill status passed 3 of 5 stages cleared
Introduction
Jan 2026
Committee Review
Feb 2026
House Passage
Feb 2026
Senate Passage
Governor
Introduced Jan 7, 2026 Last action Feb 6, 2026
Maddy AI version diff · 1 comparison

What changed between versions

Introduced → Current/Final · 4 edits
MODERATE
The bill was updated from an unofficial 'Introduced' draft to a 'Current/Final' version, incorporating specific formatting adjustments and refining legal liability language. The most significant substantive change is the removal of the word 'criminal' from the immunity clause, limiting protection for water system officials to civil actions only. Additionally, the text was cleaned up to remove redundant references to 'public or private entity' and 'discretionary,' streamlining the legal description of who is protected and what actions are covered.
Scope change
The bill's scope regarding which entities are protected by immunity was narrowed by removing criminal liability protections.
ENFORCEMENT

Removed the word 'criminal' from the immunity provision, meaning officials are now only protected from civil lawsuits, not criminal charges, regarding their decisions on water fluoridation.

DEFINITION

Simplified the text describing liable parties by removing the phrase 'public or private entity,' changing it to just 'public entity or person.'

TECHNICAL

Adjusted the description of protected actions by removing the word 'discretionary' before 'act or acts,' simplifying the legal phrasing.

Updated header metadata to reflect the bill's current status as HB 103/GA and changed the date from January 6 to February 5, 2026.

Floor votes · House Feb 5, 2026

How they voted

70–31
Passed · 4 other
Total votes 105
Feb 5, 2026
D Democratic21
1 Yea 20 Nay
95% Nay
R Republican84
69 Yea 11 Nay 4
82% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
9
Key actions
2
Committee
4
Feb 6, 2026
Committee
to Committee on Committees (S)
upper
Feb 5, 2026
Lower · Passed
3rd reading, passed 67-29 with Committee Substitute (1)
lower
Jan 28, 2026
Lower · Passed
reported favorably, 1st reading, to Calendar with Committee Substitute (1)
lower
Jan 14, 2026
Committee
to Local Government (H)
lower
Jan 7, 2026
Committee
to Committee on Committees (H)
lower
Jan 7, 2026
Introduced
introduced in House
lower
0 primary · 0 co-sponsors

Sponsors

No sponsor information available.