SB 33 (BR 281) - R. Roeding, V. Moore, E. Tori
AN ACT relating to administrative regulations.
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 establish the requirements for filing an emergency administrative regulation, including the subject matters of emergency administrative regulations, and 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.210 to require administrative bodies to use any number of tiers that will solve most efficiently and effectively the problem the administrative regulation addresses and to specify the format and material to be included in the tiering statement; 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.245 to require the necessity, function and conformity paragraph to include information regarding compliance with federal requirements; 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 (30) 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 (5) 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 and include language currently located in KRS 13A.333 regarding deferral of administrative regulations during a regular session; amend KRS 13A.320 to require amendments to identify the clause or subclause being amended; amend KRS 13A.333 to delete the language moved to KRS 13A.300; amend KRS 13A.335 to require the Regulations Compiler to add a statement to administrative regulations found deficient during a regular session of the General Assembly; 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 and 13A.080 to conform; repeal KRS 6A.130, which governed the review of administrative regulations during organizational sessions and KRS 13A.015, 13A.016, and 13A.017, which removes the notice of intent requirement for promulgation of an administrative regulation; 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 requirement of subsection (3) of Section 13 of this Act and to establish expiration dates for notices of intent and emergency administrative regulations filed prior to the Act's effective date.
SB 33 - AMENDMENTS
SCS - Retain original provisions of bill, except: amend KRS 13A.190 to specify that unless required by federal law, an emergency administrative regulation shall not create, impose, or increase a fine, fee, levy, tax, or other charge; delete proposed housekeeping changes to KRS 13A.333 and 13A.335; and delete language inserted in KRS 13A.300 regarding deferral of administrative regulations during a regular session.
HCS - Retain original provisions except: delete provision in KRS 13A.245 to require paragraph in conformity to federal requirements; delete provisions that an emergency regulation not create, impose or increase a fine, fee, levy or other change; include provisions relating to the oversight of deficient administrative regulations; create a new section of KRS Chapter 11 to require executive orders issued by the Governor to be identified by year, of issuance and subject area, to be numbered consecutively within year of issuance by subject area categories; require the Secretary of State to forward certain executive orders to the director of the Legislative Research Commission; provide that executive orders relating to reorganization of state government and other matters pertaining to the operation of official policy of the government to be referred by the co-chairs of the Legislative Research Commission to the legislative committee of jurisdiction within two working days; provide that such orders not become effective until fifty days after being filed with the Secretary of State; require the committee of referral to review the executive order within forty five days and report its findings; require executive orders identified as pertaining to the operation or official policy of the government and objected to by the reviewing committee to be included in draft legislation for consideration by the General Assembly; require administrative bodies created by executive action to expire on sine die adjournment of the next odd-year regular session of the General Assembly following the end of the final term of the office holder creating the administrative body unless established by enactment of the General Assembly, or reestablished or abolished by the next succeeding office holder; require the Secretary of State to develop a system of providing public access to executive orders of the Governor by electronic means by January 1, 2003; attach the provisions of HB 313/GA relating to the consolidation of counties; create a new section of KRS Chapter 2 to designate Shelby County as the official Saddlebred Capital of Kentucky; repeal KRS 13A.015, 13A.016, 13A.017, 67.190, 67.200, 67.210, 67.220, 67.230, 67.240, 67.250, 67.260, 67.270, 67.280, 67.290, and 67.310.
HCA (1/Title, C. Geveden) - Change title to "AN ACT relating to governmental actions."
HFA (1, J. Arnold Jr) - Prohibit the use of an emergency administrative regulation to increase an existing fine, fee, levy, tax, or other charge, unless required by federal law.
HFA (2, C. Geveden) - Amend section 23 of SB 33/HCS to delete certain requirements regarding executive orders relating to the operation and official policy of government, including that: they not become effective for 50 days; they be referred to standing or interim committees; a process be provided for objecting to these types of orders; if objections are raised that they be included in legislation that would make the executive orders void if passed by the General Assembly; the same or substantially the same executive orders declared void not be repromulgated for 1 year.
CCR - Conference Committee cannot agree.
(Prefiled by the sponsor(s))
Jan 8-introduced in Senate
Jan 10-to State and Local Government (S)
Feb 5-reported favorably, 1st reading, to Calendar with Committee Substitute
Feb 6-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Thursday, February 7, 2002
Feb 7-3rd reading, passed 34-0 with Committee Substitute
Feb 8-received in House
Feb 11-to State Government (H)
Mar 14-posted in committee
Mar 26-posting waived retroactively; reported favorably, 1st reading, to Calendar with Committee Substitute, committee amendment (1-title)
Mar 27-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Thursday, March 28, 2002; floor amendment (1) filed to Committee Substitute
Mar 28-floor amendment (2) filed to Committee Substitute
Mar 29-3rd reading, passed 87-2 with Committee Substitute, committee amendment (1-title), floor amendments (1) and (2); received in Senate
Apr 1-posted for passage for concurrence in House Committee Substitute, committee amendment (1-title), floor amendments (1) and (2) for Monday, April 1, 2002; Senate refused to concur in House Committee Substitute, committee amendment (1-title), floor amendments (1) and (2); received in House; Conference Committee appointed in Senate; posted for passage for receding from House Committee Substitute, committee amendment (1-title), floor amendments (1) and (2)
Apr 2-House refused to recede from Committee Substitute, committee amendment (1-title), floor amendments (1) and (2); Conference Committee appointed in House; Conference Committee report filed in House; Conference Committee report adopted in House; Free Conference Committee appointed in House
Apr 15-Conference Committee report filed in Senate