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‘Safer Kentucky’ and abortion exceptions: Legislature sees notable bills filed in Week 2

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‘Safer Kentucky’ and abortion exceptions: Legislature sees notable bills filed in Week 2


FRANKFORT – Kentucky legislators came to a fork in the road in Week 2 of the 2024 session. And in the words of the great Yogi Berra, they took it.

Several notable bills were filed, while committees took early action on other pieces of legislation that were put forward in the General Assembly’s first week. There’s plenty of time before the session ends in April, but we have an early look at some key priorities legislators brought with them to Frankfort for the 60-day session.

Here’s a quick breakdown of highlights, news and notes from the session’s first full five-day week, with the House and Senate set to gavel back in Tuesday afternoon.

A busy week for new legislation

Several high-profile bills hit the floor for the first time.

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Sen. David Yates, D-Louisville, announced Tuesday morning he would file a bill adding exceptions to Kentucky’s near total abortion ban for circumstances including rape, incest, the mother’s health (current law only allows abortions in cases where the mother’s life is at risk) and if the fetus is not expected to survive birth.

Yates, who filed Senate Bill 99 later that day, was joined by advocate Hadley Duvall and Gov. Andy Beshear, who urged legislators to take action. Duvall is a sexual abuse survivor who appeared in a Beshear campaign ad last fall calling for exceptions to the law.

That afternoon, the “Safer Kentucky Act” was filed by Rep. Jared Bauman, R-Louisville, and a group of other Jefferson County Republicans. House Bill 5 would take several steps at improving public safety, including increased penalties for people convicted of three violent felonies, establishing a carjacking statute, new restrictions on charitable bail organizations and a crackdown on street camping.

Co-sponsor Jason Nemes, R-Louisville, said the legislation is about “getting people who are going to continue to commit crimes” off the streets. And Louisville Mayor Craig Greenberg, who said Wednesday he appreciates the General Assembly’s efforts to improve public safety but did not offer much insight as to whether he supports all items in HB 5, was in Frankfort a day later to discuss it and other issues with legislators.

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It’s certain to attract plenty of attention. Several groups who oppose it plan to speak out at a press conference Tuesday morning in Frankfort.

Meanwhile, Senate Bill 10, which would let voters decide whether to push Kentucky elections for statewide offices back a year to fall in line with presidential races, advanced through committee to the Senate floor. The measure is sponsored by Sen. Chris McDaniel, R-Ryland Heights, who argued it would increase voter participation and save Kentucky money.

Stephen Voss, a professor of political science at the University of Kentucky, said it’s “no surprise” Republicans want to alter the state’s election schedule because GOP candidates tend to do well in national elections. 

Around the Capitol

  • The Senate approved its first bill of the 2024 General Assembly on Tuesday — Senate Bill 5, which would eliminate the state’s hunting and fishing license requirements for people who own the land on which they are hunting. Current law requires a permit for hunting and fishing on private properties consisting of five or fewer acres.
  • A wave of legislators announced before the session that they don’t plan to seek reelection, including Senate Majority Leader Damon Thayer, R-Georgetown, along with two lawmakers who will instead seek seats on Louisville’s Metro Council in Democratic Rep. Josie Raymond and Republican Rep. Kevin Bratcher. But Senate President Robert Stivers, R-Manchester, isn’t going anywhere — he told reporters Tuesday he plans to remain in Frankfort for at least five more years.
  • A Senate resolution put forward in the first week of the General Assembly by Sen. Lindsey Tichenor, R-Smithfield, would have called on the chamber to recognize many of those arrested after the Jan. 6, 2021, riots at the U.S. Capitol “have been wrongfully detained for exercising their constitutional rights” and have not been afforded due process. But it’s unlikely to advance — Sen. Whitney Westerfield, R-Crofton, has told reporters he has no plans to bring it up in the Senate Judiciary Committee, which he chairs.
  • House members took most of Friday’s time in session to honor Rep. Brandon Reed, R-Hodgenville, who’s leaving the legislature to work under new Commissioner of Agriculture Jonathan Shell. Reed had been in office since 2017. House Speaker David Osborne, R-Prospect, will set a date for a special election to fill his seat.

Looking ahead

The budget bill is still hanging over the session like an anvil, but expect action on it soon.

Osborne told Kentucky Educational Television on Monday that the bill was likely within the next week or two (you can be excused for having missed that broadcast — Stivers joked Tuesday morning that it was tough competing with the College Football Playoff title game for viewers that night).

The budget is the biggest priority of the legislature this year. Gov. Andy Beshear released his budget proposal last month, though the General Assembly will pass the bill that eventually lands on his desk.

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That bill isn’t on the docket yet, though. On Tuesday, the Senate is set to discuss Senate Bill 17 (which includes tweaks to Kentucky’s death certificate process) and Senate Bill 24 (which would limit the number of Medicaid organizations contracted by the state to three or fewer). The House, meanwhile, will discuss House Bill 88, which would prevent groups that are not banks from presenting themselves as such in ads to homeowners.

Monday is Martin Luther King Jr. Day, in honor of the civil rights icon, and the General Assembly will not be in session. Legislators will gavel back in for a four-day week in Frankfort at 4 p.m. Tuesday.

Reach Rebecca Grapevine at rgrapevine@courier-journal.com. Reach Lucas Aulbach at laulbach@courier-journal.com.





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Kentucky outlasts Wisconsin 3-2 in five-set thriller

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Kentucky outlasts Wisconsin 3-2 in five-set thriller


No. 1 Kentucky outlasted No. 3 Wisconsin 3-2 in the five-set thriller to earn a trip the the NCAA national championship. The Wildcats clinch their first national final appearance since winning the title in the Spring of 2021 and second in program history. 

In front of a sold-out T-Mobile Center in Kansas City, MO., Big Blue rallied in a dramatic fashion after a devastating 25-12 loss in Set 1. Kentucky was able to punch back in Set 2, earning the 25-22 victory before dropping the next set 25-21 to the Badgers. 

With their backs against the wall, the Cats fought off a rallying Wisconsin team for the 26-24 Set 4 victory to push the match to five. 

With momentum on their side, Kentucky took back what it lost in the first and fired on all cylinders in the fifth. The Cats raced out to a 6-1 lead early in the fifth before clinching the 15-13 win, hitting a match-best .409. 

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Outside Eva Hudson powered 29 kills on .455 hitting with seven digs, two blocks and a service ace to power the Kentucky winm while Brooklyn DeLeye tallied 15. The Big Blue defense made the difference, registering eight big-time blocks against a career-night by Wisconsin’s Mimi Colyer. 

With the Wildcat win, Kentucky clinches a spot in the national championship to face No. 3 Texas A&M for the first ever all-SEC final in NCAA women’s volleyball history. 

Final stats here. 





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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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