03RS SB71


WWW Version

SB 71 (BR 407) - R. Roeding

     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.240 to require the regulatory impact analysis to include cost estimates for the impact of the administrative regulation on regulated parties; 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 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; 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 15 workdays, rather than 10 workdays, prior to a meeting of the subcommittee; amend KRS 13A.290 and 158.6471 to require review of an administrative regulation within 60 days, rather than 45 days, of receipt of a statement of consideration and specify that a second committee is authorized, rather than required, to meet within 30 days following referral of the administrative regulation; amend KRS 13A.300, relating to deferral of administrative regulations, to delete superfluous language; amend KRS 13A.320 to require amendments to identify the clause or subclause being amended; 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, and 13A.125 to conform; repeal KRS 13A.015, 13A.016, and 13A.017, removing 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 new requirement and to establish expiration dates for notices of intent and emergency administrative regulations filed prior to the Act's effective date.


     SFA (1, W. Blevins) - Amend KRS 13A.190 to provide that an emergency administrative regulation may also be filed to protect human health and the environment.

     HCS - Retain original except delete amendment to KRS 13A.190 to establish requirements for filing an emergency administrative regulation, including the subject matters of emergency regulations; retain amendment concerning the time of filing ordinary and emergency regulations; delete amendment of KRS 13A.240.

     HFA (1, J. Coleman) - Amend KRS 12.210 to require consultation with the Attorney General before state government employs an outside attorney; amend KRS 12.213 to provide that employment of legal defense of government be done with the advice of the Attorney General.

     Feb 4-introduced in Senate
     Feb 7-to State and Local Government (S)
     Feb 11-reported favorably, 1st reading, to Calendar
     Feb 12-2nd reading, to Rules; floor amendment (1) filed
     Feb 18-posted for passage in the Regular Orders of the Day for Wednesday, February 19, 2003
     Feb 19-3rd reading, passed 38-0 with floor amendment (1) ; received in House
     Feb 20-to State Government (H)
     Mar 4-posting waived; posted in committee
     Mar 5-reported favorably, 1st reading, to Calendar; recommitted to State Government (H)
     Mar 6-2nd reading, to Rules; reported favorably, to Rules with Committee Substitute ; posted for passage in the Regular Orders of the Day for Friday, March 7, 2003
     Mar 10-floor amendment (1) filed to Committee Substitute ; 3rd reading, passed 80-14 with Committee Substitute ; received in Senate
     Mar 11-posted for passage for concurrence in House Committee Substitute as a Consent bill; Senate concurred in House Committee Substitute ; passed 38-0; enrolled, signed by each presiding officer; delivered to Governor
     Mar 18-signed by Governor (Acts ch. 89)

Kentucky Legislature Home Page | Record Front Page