01RS HB218


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HB 218 (BR 832) - J. Arnold Jr.

     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.015 to establish expiration dates for a registration to receive a notice of intent, delete margin requirements, and provide that an emergency administrative regulation expires when the notice of intent expires or is withdrawn; amend KRS 13A.017 to require notification when a notice of intent public hearing will be held and to specify the format of the statement of consideration; amend KRS 13A.190 to correct statutory cross-references; amend KRS 13A.220 to clarify formatting requirements and specify headings for emergency administrative regulations; 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 notification when written comments have been received; amend KRS 13A.280 to establish the extended 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; and repeal KRS 6A.130, which governed the review of administrative regulations during organizational sessions.


     SCS - Retain original provisions and add the following provisions: 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.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.220 to create appropriate headings for emergency administrative regulations and to conform to other changes; 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.245 to require the necessity, function and conformity paragraph to include information regarding compliance with federal requirements; amend KRS 13A.050, 13A.080, 13A.280, and 13A.290 to conform; repeal 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 Section 1(3) of this Act and to establish expiration dates for notices of intent and emergency administrative regulations filed prior to the Act's effective date.
     SFA (1, J. Denton) - Amend KRS 13A.100 to provide that fees set by administrative regulations shall not provide for automatic increase in fee in accordance with the Consumer Price Index, fees shall be set as a specific dollar amount, and shall not be established or increased through the promulgation of an administrative regulation.

     Feb 7-introduced in House
     Feb 8-to State Government (H)
     Feb 9-posted in committee
     Feb 13-reported favorably, 1st reading, to Calendar
     Feb 14-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Thursday, February 15, 2001
     Feb 15-3rd reading, passed 99-0
     Feb 16-received in Senate
     Feb 20-to State and Local Government (S)
     Mar 1-reported favorably, 1st reading, to Calendar with Committee Substitute
     Mar 2-2nd reading, to Rules
     Mar 5-posted for passage in the Regular Orders of the Day for Tuesday, March 6, 2001
     Mar 6-floor amendment (1) filed to Committee Substitute
     Mar 7-3rd reading; floor amendment (1) withdrawn ; passed 38-0 with Committee Substitute ; received in House; posted for passage for concurrence in Senate Committee Substitute

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