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SB 84 Kentucky Senate · 2025 Regular Session

AN ACT relating to judicial review of state agency action.

SB 84 changes how Kentucky courts review decisions made by state agencies. It requires courts to review all legal questions "from scratch" (de novo) instead of deferring to agency interpretations of laws or regulations. Courts must also resolve any remaining ambiguities in favor of limiting agency authority. This directly affects state agencies (like health or education departments) and the courts that review their actions under Kentucky law. The bill modifies existing judicial review procedures without creating new agency policies.
Bill status signed all 5 stages cleared
Introduction
Feb 2025
Committee Review
Mar 2025
Senate Passage
Mar 2025
House Passage
Mar 2025
Signed into Law
Mar 2025
Introduced Feb 4, 2025 Signed Mar 27, 2025
Maddy AI version diff · 1 comparison

What changed between versions

Introduced → Current/Final · 4 edits
MODERATE
This bill fundamentally changes how Kentucky courts review state agency decisions. It explicitly rejects the federal 'Chevron deference' principle, requiring courts to independently interpret laws rather than deferring to agency expertise. The bill also clarifies that agencies should not be expected to interpret statutes better than courts, and establishes de novo review as the standard for all legal questions involving agency actions.
Scope change
The bill expands the scope of judicial review by removing deference to agency interpretations and explicitly stating that agencies do not possess superior statutory interpretation skills compared to courts.
REQUIREMENT

Removed language requiring courts to defer to state agency interpretations of statutes, regulations, or orders, which previously allowed agencies' legal interpretations to carry significant weight in court reviews.

Added explicit prohibition against courts deferring to administrative body interpretations of statutes or regulations, mandating independent judicial review instead.

Modified the standard of review from allowing deference to agencies to requiring de novo review for all questions of law involving agency actions.

DEFINITION

Added new provisions stating that agencies should not be expected to possess statutory interpretation proficiency superior to courts, reinforcing the separation of powers.

Floor votes · Senate Feb 18, 2025

How they voted

33–7
Passed · 3 other
Total votes 43
Feb 18, 2025
D Democratic6
6 Nay
100% Nay
R Republican37
33 Yea 1 Nay 3
89% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
44
Key actions
16
Committee
13
Amendments
1
Mar 27, 2025
Lower · Passed
enrolled, signed by Speaker of the House
lower
Mar 27, 2025
Upper · Passed
enrolled, signed by President of the Senate
upper
Mar 27, 2025
Upper · Passed
passed 74-18
upper
Mar 27, 2025
Vetoed
posted for consideration of Governor's veto
upper
Mar 27, 2025
Committee
to Rules (H)
lower
Mar 27, 2025
Upper · Passed
passed 32-6
upper
Mar 27, 2025
Vetoed
veto overridden
upper
Mar 27, 2025
Vetoed
posted for passage for consideration of Governor's veto
upper
Mar 27, 2025
Committee
to Rules (S)
upper
Mar 24, 2025
Vetoed
Vetoed
upper
Mar 13, 2025
Lower · Passed
enrolled, signed by Speaker of the House
lower
Mar 12, 2025
Upper · Passed
enrolled, signed by President of the Senate
upper
Mar 12, 2025
Upper · Passed
passed 32-6 with Committee Substitute (1)
upper
Mar 12, 2025
Upper · Passed
Senate concurred in House Committee Substitute (1)
upper
Mar 12, 2025
Upper · Passed
posted for passage for concurrence in House Committee Substitute (1)
upper
Mar 11, 2025
Committee
to Rules (S)
upper
Mar 11, 2025
Upper · Passed
3rd reading, passed 80-19 with Committee Substitute (1)
upper
Mar 5, 2025
Upper · Passed
reported favorably, to Rules with Committee Substitute (1)
upper
Feb 28, 2025
Committee
to Licensing, Occupations, & Administrative Regulations (H)
lower
Feb 28, 2025
Lower · Passed
returned to Committee on Committees (H)
lower
Feb 28, 2025
Lower · Passed
taken from Committee on Committees (H)
lower
Feb 19, 2025
Committee
to Committee on Committees (H)
lower
Feb 18, 2025
Upper · Passed
passed 28-6
upper
Feb 14, 2025
Introduced
floor amendment (1) filed
upper
Feb 13, 2025
Upper · Passed
reported favorably, 1st reading, to Calendar
upper
Feb 6, 2025
Committee
to Judiciary (S)
upper
Feb 4, 2025
Committee
to Committee on Committees (S)
upper
Feb 4, 2025
Introduced
introduced in Senate
upper
0 primary · 0 co-sponsors

Sponsors

No sponsor information available.