HB 390 (BR 1426) - J. Barrows, R. Adams, D. Graham, J. Gray, D. Keene, R. Rand, M. Weaver
AN ACT relating to government actions and declaring an emergency.
Create a new section of KRS Chapter 11 to prohibit an executive order from repealing any statute; 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 and subject area categories, and to be filed with the Secretary of State; direct that executive orders relating to reorganization of state government and other matters relating to the operation or official policy of the government shall not become effective until 35 days after being filed with the Secretary of State; require the Secretary of State to forward certain executive orders to the director of the Legislative Research Commission (LRC) on the date filed; require the co-chairs of the LRC to refer executive orders relating to appointments requiring confirmation, reorganization of state government, and other matters pertaining to the operation or official policy of the government to the legislative committee of jurisdiction within two working days after the order is received by the LRC; require the committee of referral to review the executive order within 30 days and report its findings and objections; require an objection to be upon the vote of a majority of the committee members of either chamber; direct that executive orders pertaining to governmental policy which were objected to by a reviewing committee be identified in legislation drafted for introduction by the President of the Senate and the Speaker of the House on the first day of the regular session; require the proposed legislation to declare each identified deficient executive order void upon enactment of the legislation, prohibit the Governor from adopting executive orders that are the same or substantially the same as the voided executive order for one year from sine die adjournment of the legislative session in which the legislation is enacted, and contain an emergency clause; permit the General Assembly to amend the proposed legislation to add executive orders, delete executive orders, or include reorganization orders which have not been enacted into law; require the Governor to compile a list of all executive orders currently in effect and provide the list to the LRC by September 30, 2006; require the Governor to identify on the list those orders that should remain in effect and those he shall revoke or repeal as obsolete or unnecessary; direct that executive orders the Governor does not continue in effect or revoke or repeal on another date will expire as of October 31, 2006; require every executive order in effect at the end of a Governor's final term of office, except those filed pursuant to KRS 61.520, to expire 90 days thereafter; create a new section of KRS Chapter 12 to require that each administrative body created by an executive order or administrative order shall expire 90 days after the end of the issuing Governor's or other statewide elected official's term of office unless established by General Assembly enactment; amend KRS 12.028, relating to the reorganization of state government, to conform; amend KRS 11.160, relating to confirmation of appointments, to reduce from seven days to two working days the time limit for the Governor to deliver letters of appointment and resumes for appointments that are subject to interim committee hearings; EMERGENCY.
HB 390 - AMENDMENTS
HFA (1, J. Barrows) - Require that every executive order in effect at the end of a Governor's final term of office expire six months, rather than 90 days thereafter; require that each administrative body created by an executive order or administrative order expire six months, rather than 90 days, after the end of the issuing Governor's or other statewide elected officer's term of office.
Jan 18-introduced in House
Jan 19-to State Government (H)
Jan 30-posted in committee; posting waived
Jan 31-reported favorably, 1st reading, to Calendar
Feb 1-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Thursday, February 2, 2006
Feb 23-floor amendment (1) filed