05RS SB123

SB123

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SB 123 (BR 1156) - R. Roeding, J. Pendleton, A. Kerr, G. Tapp

     AN ACT relating to administrative regulations.
     Amend KRS 13A.010 to amend the definition of "promulgate"; amend KRS 13A.040 to authorize the regulation compilers to make technical changes to an administrative regulation in response to a specific written request from the agency; amend KRS 13A.050 to permit agencies to notify the regulations compiler of errors in the Administrative Register by e-mail, rather than solely in writing; amend KRS 13A.150 to provide that if meetings are required to be held by a specified date and that date is a Saturday, Sunday, or legal holiday, the meeting shall be held by close of business on the next workday; amend KRS 13A.190 to change the effective time of emergency administrative regulations from 170 days from the date of publication to 180 days from the date of filing; require that the statement of emergency state whether the ordinary administrative regulation is or is not identical to the emergency administrative regulation; amend KRS 13A.220 to specify that the line numbers shall begin with line number one on each page; amend KRS 13A.222 to specify that references to physicians shall include osteopaths; amend KRS 13A.2245 to require a clear statement of how a code or uniform standard was changed by an agency; amend KRS 13A.2251 to permit agencies to include optional information in the incorporation by reference section; require that material incorporated by reference be filed in a binder, be attached to the back of the administrative regulation, or be filed on a CD-ROM or DVD; amend KRS 13A.2255 to delete the requirement for listing the page numbers on which changes were made to material incorporated by reference in the summary; delete the requirement for filing a dirty copy of the material showing each of the changes that were made; amend KRS 13A.2261 to prohibit the incorporation by reference of federal statutes or regulations, rather than just federal statutes; amend KRS 13A.240 to require the tiering statement be included as part of the regulatory impact analysis; amend KRS 13A.255 to require the notice sent to organizations to include information about the public comment period; amend KRS 13A.270 to require agencies to accept written comments until the end of the calendar month in which the administrative regulation is published, rather than for 30 days; authorize agencies to e-mail the proposed administrative regulation to interested parties who have provided an e-mail address and mail the regulatory impact analysis to interested parties who have not provided an e-mail address; provide that if administrative regulation notices are not received by the second workday of a month, the administrative regulation shall be deferred; authorize agencies to send the required notifications by e-mail to the regulations compiler; amend KRS 13A.280 to require the filing of statements of consideration by the fifteenth day of the month, rather than fifteen days after the end of the comment period; provide that if comments are received, the administrative regulation shall be deferred to the following month's meeting; amend KRS 13A.290 to specify the items to be included on the subcommittee's agenda; amend KRS 13A.300 to provide for automatic deferral of administrative regulations upon receipt of a written request from an agency; provide that an administrative regulation that has not gone into effect within one year of the date of publication shall expire; amend KRS 13A.310 to authorize the Governor, as well as the promulgating agency, to withdraw a deficient administrative regulation; amend KRS 13A.315 to specify that an administrative regulation shall expire if it is deferred more than 12 months; require the Governor to notify the regulations compiler if he or she decides a deficient administrative regulation should be withdrawn, rather than having the Governor inform the agency and the agency then informing the regulations compiler; amend KRS 13A.320 to require that all amendments offered by an agency prior to a subcommittee meeting be approved by the agency's head; amend KRS 13A.330 to make technical corrections; amend KRS 13A.335 to establish when an administrative regulation shall no longer be considered deficient and to require a statement to be added to deficient administrative regulations by the regulations compiler; amend KRS 13A.230 to conform; repeal KRS 13A.012, 13A.2264, and 13A.2267; create a noncodified section to provide that any administrative regulations that have been deferred 12 or more months as of the Act's effective date shall expire three months after the Act's effective date if they continue to be deferred.

     Feb 3-introduced in Senate
     Feb 4-to State and Local Government (S)
     Feb 9-reported favorably, 1st reading, to Consent Calendar
     Feb 10-2nd reading, to Rules; posted for passage in the Consent Orders of the Day for Friday, February 11, 2005
     Feb 11-3rd reading, passed 35-0
     Feb 14-received in House
     Feb 16-to State Government (H)
     Feb 18-posted in committee
     Feb 22-reported favorably, 1st reading, to Calendar
     Feb 23-2nd reading, to Rules
     Feb 28-posted for passage in the Regular Orders of the Day for Tuesday, March 1, 2005
     Mar 4-3rd reading, passed 96-0; received in Senate; enrolled, signed by President of the Senate
     Mar 8-enrolled, signed by Speaker of the House; delivered to Governor
     Mar 16-signed by Governor (Acts ch. 100)


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