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1792 language targeted by proposed amendment

By Jim Hannah, LRC

Frankfort, KY - Hey Virginia! We don't need your stinking laws. The Kentucky Senate voted 32-2 today to advance a proposed constitutional amendment to repeal Section 233 of the state constitution, which states that any laws in effect in Virginia before June 1792 are in effect in Kentucky.

Exceptions are to be made if the Virginia laws are specific to that state, not of a "general nature," are in conflict with Kentucky's constitution and laws, or have been altered or repealed by the Kentucky General Assembly.

Sponsor Sen. Wil Schroder, R-Wilder, explained the section came about when Kentucky broke apart from Virginia to become the 15th state. He said a search of case law found Section 233 was last cited in the early '40s.

"It's essentially no longer needed," said Schroder, a lawyer and son of a former Kentucky Supreme Court Justice.

If the proposed constitutional amendment, contained in Senate Bill 106, receives the required two-thirds majority approval in the House of Representatives, it would still need to be ratified by voters.

This story was posted on 2020-03-10 18:30:37
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