Kentucky Senate Bill SB84

Kentucky 2025 Regular Session

• Introduced: 2/4/25
• Refer: 2/4/25
• Refer: 2/6/25
• Report Pass: 2/13/25
• Engrossed: 2/19/25
• Refer: 2/19/25
• Refer: 2/28/25
• Report Pass: 3/5/25
• Refer: 3/11/25
• Enrolled: 3/12/25
• Enrolled: 3/13/25
• Vetoed: 3/24/25
• Refer: 3/27/25
• Override: 3/27/25
• Enrolled: 3/27/25
• Chaptered: 3/27/25
• Passed: 3/27/25

Caption

AN ACT relating to judicial review of state agency action.

Impact

The enactment of SB84 will significantly alter how courts handle cases involving state agencies. By eliminating the presumptive deference previously afforded to agency interpretations, the bill will empower the judiciary to independently review and interpret laws. This transition aims to rectify perceived imbalances in administrative power and is intended to uphold the integrity of legislative intentions as interpreted by the state's judiciary. Such changes could lead to a reshaping of the landscape for administrative law in Kentucky and a reassessment of how agencies operate in accordance with state statutes.

Summary

SB84 is an act that focuses on judicial review of state agency actions in Kentucky. The bill asserts that judicial deference to state agency interpretations of statutes is inconsistent with the role of the judiciary in the separation of powers. Following the U.S. Supreme Court ruling in Loper Bright Enterprises v. Raimondo, which deemed such deference unlawful, SB84 aims to establish a clear framework that mandates de novo review instead. This means that courts will evaluate agency interpretations without assuming they are correct, promoting a more equitable judicial oversight of administrative actions.

Sentiment

The sentiment surrounding SB84 appears to be largely supportive among legal scholars and some lawmakers who advocate for ensuring checks and balances within government. They argue that deference to agency interpretations can lead to bureaucratic overreach and a dilution of legislative intent. However, some agency representatives and proponents of the previous standards worry that eliminating deference might create confusion and inhibit efficient governance. This divergence of opinion highlights a critical debate on the appropriate boundaries of agency versus judicial power within the state.

Contention

Notably, the bill has sparked contention around concerns that it could lead to increased litigation or hinder the ability of state agencies to implement regulations effectively. Critics argue that judicial review without deference might result in courts lacking the specialized knowledge required to make informed decisions about complex administrative rules. Proponents, conversely, maintain that it protects citizen rights and serves as a crucial check on agency power, emphasizing that the courts should always have the right to scrutinize agency actions to ensure proper adherence to statutory and constitutional standards.