01RS SB73


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SB 73 (BR 193) - R. Roeding, D. Seum

     AN ACT relating to administrative regulations.
     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.


     SCS - Retain original provisions of the bill and amend emergency administrative regulation provision by deleting the requirement that an administrative body must not have foreseen an imminent danger to public health, safety, welfare, property or the environment of the Commonwealth for a 3 month period in order to file an emergency administrative regulation.
     HCA (1, J. Lee) - Amend KRS 13A.280 to reorganize section in accordance with the amendments made to that statute in HB 218 and to clearly establish deadlines for the statement of consideration following a public comment period; amend KRS 13A.190 to conform to the changes made in other sections of the Act regarding the public comment period; add noncodified language to provide that Section 2 of this Act shall prevail over Section 12 of HB 218 notwithstanding KRS 446.250.

     Feb 6-introduced in Senate
     Feb 8-to State and Local Government (S)
     Feb 13-reported favorably, 1st reading, to Calendar with Committee Substitute
     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 33-5 with Committee Substitute
     Feb 16-received in House
     Feb 19-to State Government (H)
     Mar 1-posted in committee
     Mar 6-reported favorably, 1st reading, to Calendar with committee amendment (1)
     Mar 7-2nd reading, to Rules

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