02RS HB771


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HB 771 (BR 2227) - J. Arnold Jr

     AN ACT relating to administrative regulations and declaring an emergency.
     Create a new section of KRS Chapter 13A to prohibit establishing or increasing fees above the current level by administrative regulation; amend KRS 6.950, 6.955, 6.960, and 6.965 to delete references to administrative regulations for when fiscal notes are required; amend KRS 13A.190 to require an administrative body that is filing an emergency administrative regulation that will be replaced by an ordinary administrative regulation to file the ordinary administrative regulation and the emergency administrative regulation at the same time; amend KRS 13A.220 to clarify formatting requirements, specify headings for administrative regulations, and conform to other changes; amend KRS 13A.230 to cross-reference applicable statutes and require completion of a fiscal note, rather than a local mandate impact statement; amend KRS 13A.250 to specify the format of the required fiscal note; amend KRS 13A.270 to require an administrative body to accept written comments on proposed administrative regulations for thirty days following the publication of the administrative regulation in the Administrative Register, require an administrative body to provide a form to be completed and filed by a person who wishes to be notified that the administrative body has filed an administrative regulation, and require the administrative body to mail, within five working days of filing with LRC, a copy of the administrative regulation and other required documents to each person who submitted the form; amend KRS 13A.280 to establish the deadlines for filing a statement of consideration and require that a statement of consideration be filed at least fifteen workdays, rather than ten workdays, prior to a meeting of the subcommittee; amend KRS 13A.290 to require review by the Administrative Regulation Review Subcommittee within sixty days, rather than forty-five days, of receipt of a statement of consideration and specify that a second committee is authorized, rather than required, to meet within thirty days following referral of the administrative regulation; amend KRS 13A.300, relating to deferral of administrative regulations, to delete superfluous language regarding deferral of required actions; amend KRS 13A.320 to require amendments to identify the clause or subclause being amended; create a new section of KRS Chapter 13A to require LRC to draft companion bills relating to all administrative regulations found deficient by a subcommittee and establish requirements for the bills; amend KRS 194B.050 to delete the requirement for an attorney signature; amend KRS 199.420 to delete language regarding the effective dates of administrative regulations that conflicted with KRS Chapter 13A; amend KRS 13A.050, 13A.080, 13A.100, 13A.120, 13A.125, 13A.335, and 158.6471 to conform; repeal KRS 13A.015, 13A.016, and 13A.017 (concerning the notice of intent requirement for promulgation of an administrative regulation), repeal KRS 13A.032, 13A.140, and 13A.333 (which were found unconstitutional by the Franklin Circuit Court), and repeal KRS 13A.255 (which establishes the procedure for public notification of administrative regulations that proposes to establish or increase fees); establish noncodified language to provide that a person who previously filed the form required by KRS 13A.015(4) shall be deemed to have fulfilled the new requirements, and to establish expiration dates for notices of intent and emergency administrative regulations filed prior to the Act's effective date; EMERGENCY.

     Feb 26-introduced in House
     Feb 27-to State Government (H)
     Feb 28-posted in committee

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