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Most new laws in Kentucky will become effective July 15

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Most new laws in Kentucky will become effective July 15


Kentucky’s Governor has till the end of the week

                                       

(Story Courtesy of Kentucky Today)

FRANKFORT, Ky. (KT) – Gov. Andy Beshear still has until the end of the week to decide if he will sign, veto or allow to become law without his signature, legislation passed during the last two days of the General Assembly, but we now know the date most new laws will take effect.

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Each year, the Reviser of Statutes for the Legislative Research Commission requests an Attorney General’s Opinion on the official effective date. This year it will be July 15.

The Attorney General’s Opinion states: “Under Section 55 of the Kentucky Constitution, the General Assembly having adjourned on April 15, 2024, sine die, it is the opinion of this Office that the first day of the 90-day period after the session is Tuesday, April 16, 2024, and the 90th day of that period is Sunday, July 14, 2024. When that 90th day has expired, ninety full days will have passed after the adjournment sine die of the 2024 Regular Session of the Kentucky General Assembly. Thus, legislation (except for general appropriation measures and those containing emergency or delayed effective date provisions) passed during the 2024 Regular Session of the Kentucky General Assembly will be effective on Monday, July 15, 2024.”

The opinion was written by James M. Herrick, Assistant Attorney General, Office of Civil and Environmental Law.

According to the Kentucky Constitution, “No act, except general appropriation bills, shall become a law until ninety days after the adjournment of the session at which it was passed, except in cases of emergency, when, by the concurrence of a majority of the members elected to each House of the General Assembly, by a yea and nay vote entered upon their journals, an act may become a law when approved by the Governor, but the reasons for the emergency that justifies this action must be set out at length in the journal of each House.”

Other legislation may have an earlier or delayed enactment date. An example of a later date is the medical cannabis bill passed by the 2023 General Assembly, which doesn’t allow its sale in Kentucky until Jan. 1, 2025. Budget bills have an effective date of July 1, which is the first day of the state’s fiscal year.

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Kentucky Supreme Court reverses course, strikes down law limiting JCPS board power

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Kentucky Supreme Court reverses course, strikes down law limiting JCPS board power


Last December, the Kentucky Supreme Court upheld a law by a slim 4-3 majority that limited the power of the Jefferson County Board of Education and delegated more authority to the district’s superintendent.

Almost exactly one year later, the state’s high court has just done the opposite.

In a 4-3 ruling Thursday, the justices struck down the 2022 law, saying it violated the constitution by targeting one specific school district.

The court’s new opinion on the law is because of its change in membership since last December, as newly elected Justice Pamela Goodwine was sworn in a month later, and then joined three other justices in granting the school board’s request to rehear the case in April.

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Replacing a chief justice who had voted to uphold the law last year, Goodwine sided with the majority in the opinion written by Justice Angela McCormick Bisig on Thursday to strike it down.

Bisig wrote that treating the Jefferson County district differently from all other public school districts in the state violated Sections 59 and 60 of the Kentucky Constitution. She noted that while the court “should and does give great deference to the propriety of duly enacted statutes,” they are also “duty bound to ensure that legislative decisions stay within the important mandates” of the constitution.

“When, as here, that legislative aim is focused on one and only one county without any articulable reasonable basis, the enactment violates Sections 59 and 60 of our Constitution,” Bisig wrote. “Reformulating the balance of power between one county’s school board and superintendent to the exclusion of all others without any reasonable basis fails the very tests established in our constitutional jurisprudence to discern constitutional infirmity.”

The at-times blistering dissenting opinion of Justice Shea Nickell — who wrote the majority opinion last year — argued the petition for a rehearing was improvidently granted in April, as it “failed to satisfy our Court’s historic legal standard for granting such requests, and nothing changed other than the Court’s composition.”

Nickell wrote that the court disregarded procedural rules and standards, “thereby reasonably damaging perceptions of judicial independence and diminishing public trust in the court system’s fair and impartial administration of justice.”

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“I am profoundly disturbed by the damage and mischief such a brazen manipulation of the rehearing standard will inflict on the stability and integrity of our judicial decision-making process in the future.”

He added that some may excuse the majority’s decision by saying that “elections have consequences,” but that unlike legislators and executive officers being accountable to voters, “judges and justices are ultimately accountable to the law.”

“Courts must be free of political machinations and any fortuitous change in the composition of an appellate court’s justices should have no impact upon previously rendered fair and impartial judicial pronouncements,” Nickell wrote.

Kentucky Attorney General Russell Coleman, whose office defended the law before the court, criticized the new ruling voiding the law.

“I am stunned that our Supreme Court reversed itself based only on a new justice joining the Court,” Coleman said. “This decision is devastating for JCPS students and leaves them trapped in a failing system while sabotaging the General Assembly’s rescue mission.”

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Corrie Shull, chair of the Jefferson County Board of Education, said in a statement he is grateful for the court’s new ruling affirming “that JCPS voters and taxpayers should have the same voice in their local operations that other Kentuckians do, through their elected school board members.”

Spokespersons for the Republican majority leadership of the Kentucky House and Senate did not immediately respond to a request for comment on Thursday’s ruling.

Republican House Speaker David Osborne criticized the move to rehear the case in April, calling it “troubling.”

“Unfortunately, judicial outcomes seem increasingly driven by partisan politics,” Osborne stated. “Kentuckians would be better served to keep politics out of the court, and the court out of politics.”

In August, GOP state Rep. Jason Nemes of Middletown penned an op-ed warning that any ruling overturning the 2022 law could draw a lawsuit challenging the Louisville-Jefferson County merger of 2003 as a violation of the same sections of Kentucky Constitution. That same day, Louisville real estate developer and major GOP donor David Nicklies filed a lawsuit seeking just that.

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Some Republicans have also criticized Goodwine for not recusing herself from the case, alleging she had a conflict of interest due to an independent political action committee heavily funded by the teachers’ union in Louisville spending hundreds of thousands of dollars on ads to help elect her last year.

Louisville attorney and GOP official Jack Richardson filed a petition with the clerk of the Kentucky House in October to impeach Goodwine for not recusing herself. Goodwine said through a spokesperson at the time that it would not be appropriate for her to comment about the impeachment petition.





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Trump considers marijuana rescheduling executive order, Ky. advocates weigh in

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Trump considers marijuana rescheduling executive order, Ky. advocates weigh in


DANVILLE, Ky. (WKYT) – President Donald Trump says he is strongly considering signing an executive order rescheduling marijuana to a lower classification.

The move would loosen federal restrictions but not fully legalize the drug.

Robert Matheny, a CBD shop owner and cannabis advocate in Kentucky for over a decade, said the proposal sounds like a positive step for the cannabis industry but doesn’t think it goes far enough.

“Initial reaction is this is a great thing and a positive step for cannabis rights — and that’s what it was made to sound like to be able to get people to laugh and cheer for it,” Matheny said.

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Matheny said the president’s looming marijuana reclassification could spell bad news for Kentuckians and the industry as a whole. He said the move would put marijuana products under pharmaceutical control and potentially drive-up prices.

“This puts a big profit margin in for the pharmaceutical industry, and this is a giant gift to from our legislators and our president right now to the pharmaceutical industry,” Matheny said.

Matheny advocates for full marijuana decriminalization, a stance that goes a step further than the one publicly supported by Governor Andy Beshear.

In a July letter to President Trump, Beshear advocated in favor of rescheduling marijuana. In the letter, he said making the rules less restrictive would provide access to cannabis for treatment and allow more research.

The federal government currently classifies marijuana as a Schedule I drug. That classification places it alongside other drugs such as heroin and LSD.

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If classified as Schedule III, it would be placed alongside drugs the DEA says have a moderate-to-low potential for physical and psychological dependence such as ketamine and testosterone.

Matheny said even if someone is caught with a Schedule III drug, someone could still be in trouble.

“It’s still a drug. It’s still a pharmacy. If you get caught with over-the-counter pain pills it is still the same as getting caught with fentanyl you got a drug,” Matheny said.

Matthew Bratcher of Kentucky NORML is another marijuana advocate who agrees with Matheny and says legislators should go a step further.

Bratcher said while a meaningful step forward, people would not see full clarity or fairness until cannabis is fully declassified. The longtime cannabis advocate said he will watch to see what is done in Washington.

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It’s unclear when Trump will sign the executive order.



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Kentucky loses recruiting prediction for 5-star forward Christian Collins as NIL looms large

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Kentucky loses recruiting prediction for 5-star forward Christian Collins as NIL looms large


Collins, a 6-foot-8, 200-pound forward from Bellflower, California, is widely regarded as one of the premier frontcourt prospects in the country. His blend of athleticism, scoring ability, and defensive versatility made him a major priority for Kentucky head coach Mark Pope and his staff as they work to build future recruiting classes.

According to Jacob Polacheck of KSR, Collins’ recruitment is being heavily influenced by NIL structure and contract details, a growing trend at the top of the recruiting landscape. That reality was addressed publicly earlier this month by Kentucky athletic director Mitch Barnhart during Will Stein’s introductory press conference as the Wildcats’ new football head coach.

Barnhart pushed back strongly against the perception that Kentucky is at an NIL disadvantage, saying, “Enough about ‘have we got enough?’ We’ve got enough.” He also emphasized that Kentucky will not compromise its standards to land recruits. “We’ve got to do it the right way,” Barnhart said. “We’re not going to break the rules. That’s flat-out.”

While Kentucky no longer holds a crystal ball prediction for Collins, the Wildcats are not out of the race. However, his recruitment now appears far more fluid, underscoring the increasingly complex balance between elite talent, NIL expectations, and long-term program philosophy in modern college basketball.

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