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| | The precedents in Kentucky on this issue include: | | The precedents in Kentucky on this issue include: |
| | *''Commonwealth ex rel. Beshear v. Bevin'', 575 S.W.3d 673, 684 (Ky. 2019) ("In sum, on the facts before us, neither KRS 12.028 nor EO 2017-364 constitutes an unconstitutional delegation of legislative power. Nor did the Governor's reorganization of the Education Professional Standards Board, besides the Governor's restructuring of its appeal process, constitute an unconstitutional infringement on the judiciary's power because the temporary reorganization of this board does not impute the judicial power in any way.") | | *''Commonwealth ex rel. Beshear v. Bevin'', 575 S.W.3d 673, 684 (Ky. 2019) ("In sum, on the facts before us, neither KRS 12.028 nor EO 2017-364 constitutes an unconstitutional delegation of legislative power. Nor did the Governor's reorganization of the Education Professional Standards Board, besides the Governor's restructuring of its appeal process, constitute an unconstitutional infringement on the judiciary's power because the temporary reorganization of this board does not impute the judicial power in any way.") |
| | + | *''Florence Speedway v. N. Ky. Indep. Health Dist.'', 2020 Ky. Cir. LEXIS 5, *25-26: |
| | + | {{cquote|Commonwealth ex rel. Cameron insists that this violates the double-barreled protections of separation of powers and the non-delegation doctrine under §§ 27, 28 and 29 of the Kentucky Constitution, as well as § 15, which states: "No power to suspend laws shall be exercised unless by the General Assembly or its authority." |
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| | + | The Kentucky Supreme Court, in analogizing federal precedent relating to limited delegation to administrative agencies, declared that "Kentucky holds to a higher standard. ... [And] is more "restrictive of powers granted" than the federal Constitution. Board of Trustees of the Judicial Form Ret. Sys. v. Attorney General, 132 S.W.3d 770, 782 (Ky. 2003). It further held that, in no event can there be any delegation without, at a minimum, the "standards controlling the exercise of administrative discretion." Id. |
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| | + | Because "Kentucky is a strict adherent to the separation of powers doctrine," Kentucky law mandates that "the legislature must lay down policies and establish standards" for any limited delegation to be constitutional. Id. See, for example, Miller v. Covington Development Authority, 539 S.W.2d 1 (Ky. 1976) (holding statute delegating broad powers to preserve historic or economic areas to be unconstitutional for not including detailed legislative criteria of what that entailed); and, Fawbush v. Bond 613 S.W.2d 414, 415 (Ky. 1981) (finding KRS 67.045 unconstitutional because it delegated responsibilities to district courts to evaluate and establish new boundaries from proposed redistricting plans on grounds that the statute failed to provide the criteria for such a review); and, Legislative Research Commission v. Brown, 664 S.W.2d 907, 915 (Ky. 1984) (declaring a statute unconstitutional for delegating authority to the Legislative Research Commission because the delegation lacked standards to control the exercise of administrative discretion).}} |
| | [[category:United States Constitution]] | | [[category:United States Constitution]] |