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SB 157 (BR 1716) - J. Bowen, D. Givens, J. Pendleton

     AN ACT relating to administrative regulations.
    Create a new section of KRS Chapter 13A to require the Commonwealth Office of Technology to develop and maintain an administrative regulation drafting template system that will be available for mandatory use by state agencies by January 1, 2013; amend KRS 13A.010 to clarify definitions; amend KRS 13A.040 to specify that the administrative regulations compiler shall not accept for filing administrative regulations that do not conform to specified provisions, rather than to all of KRS Chapter 13A; amend KRS 13A.050 to require LRC to maintain the official version of the administrative regulations in an electronic database and to permit the Administrative Register to be "published" rather than "printed"; amend KRS 13A.120 and KRS 13A.245 to clarify language regarding federal statutes and regulations; amend KRS 13A.220 to require that an electronic version be filed with the paper copies of an administrative regulation and specifying that, if there are differences between the paper and electronic version, the electronic version controls; amend KRS 13A.222 to provide that if new material in an administrative regulation being amended is not underlined, it shall not be included in the administrative regulation, and if material to be deleted is not placed in brackets and struck through, it shall not be deleted; add "including but not limited to" to the list of phrases not used in an administrative regulation; amend KRS 13A.2245 to clarify that an administrative body may incorporate by reference a code or uniform standard required or authorized, rather than merely required, by federal or state law; amend KRS 13A.2255 to require that a copy of amended material incorporated by reference be filed with the changes marked and specify that the regulations compiler shall not be required to keep those marked copies once the administrative regulation has been adopted or withdrawn; amend KRS 13A.230 to add additional cross-references for required forms; amend KRS 13A.250 to clarify that the fiscal note on state or local government is required for all administrative regulations; amend KRS 13A.255 to authorize an administrative body to e-mail the required notice regarding a fee establishment or increase; amend KRS 13A.270 to specify what constitutes a comment period and clarify that administrative bodies are not required to send copies of an amended-after-comments administrative regulation to its initial notification list; amend KRS 13A.280 to require that changes in an amended-after-comments version be typed in bold and require the administrative body to send copies of the amended-after-comments version with the statement of consideration to those who specifically request a copy from the administrative body rather than to those persons attending the hearing or who submitted comments; amend KRS 13A.300 and 13A.315 to provide that an administrative regulation shall not be deferred more than nine consecutive times; amend KRS 13A.320 to require that amendments initiated by an administrative body be filed at least three days, rather than five days, prior to a subcommittee meeting; specify that amendments drafted by subcommittee staff on behalf of a subcommittee may be in a committee substitute format; specifically authorize a subcommittee to make an amendment orally at a meeting; repeal KRS 13A.080 and 13A.160.


     SCS - Retain original provisions, except delete provisions requiring the Commonwealth Office of Technology to develop and maintain an administrative regulation drafting template system that will be available for mandatory use by state agencies by January 1, 2013.
     HCS - Retain original provisions, with the following changes: delete the proposed change in KRS 13A.010 regarding the definition of "federal mandate"; delete the changes that had been proposed for KRS 13A.120 and 13A.245 regarding a change in terminology for federal law and regulations; delete the proposed change to KRS 13A.222 regarding the treatment of changes to an administrative regulation not properly marked as required by that statute; clarify that the change in KRS 13A.2255 would only apply to amended material incorporated by reference that is developed by the administrative body; change the length of time for an administrative regulation to be deferred from the proposed 9 months to 12 months in KRS 13A.300 and 13A.315.

     Feb 16-introduced in Senate
     Feb 22-to Licensing, Occupations, & Administrative Regulations (S)
     Mar 5-taken from Licensing, Occupations, & Administrative Regulations (S); 1st reading; returned to Licensing, Occupations, & Administrative Regulations (S)
     Mar 6-reported favorably, 2nd reading, to Rules with Committee Substitute as a Consent Bill
     Mar 7-posted for passage in the Regular Orders of the Day for Wednesday, March 7, 2012; 3rd reading, passed 36-0 with Committee Substitute
     Mar 8-received in House
     Mar 12-to State Government (H)
     Mar 13-posted in committee
     Mar 26-taken from State Government (H); 1st reading; returned to State Government (H)
     Mar 27-reported favorably, 2nd reading, to Rules with Committee Substitute as a Consent Bill
     Mar 28-posted for passage in the Consent Orders of the Day for Wednesday, March 28, 2012; 3rd reading, passed 98-0 with Committee Substitute
     Mar 29-received in Senate
     Mar 30-posted for passage for concurrence in House Committee Substitute ; Senate concurred in House Committee Substitute ; passed 36-0; enrolled, signed by each presiding officer; delivered to Governor
     Apr 11-signed by Governor (Acts ch. 138)

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