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SB 129 (BR 1362) - E. Harris

     AN ACT relating to administrative regulations.
     Amend KRS 13A.010 to change the defined term "government" to "local government" and to establish a definition for "written comments"; amend KRS 13A.020 to provide that a monthly meeting may be rescheduled, rather than canceled, by agreement of both co-chairs; amend KRS 13A.040 to clarify that an administrative body may submit a written request for a technical amendment and provide examples of technical amendments, rather than a complete list; require the regulations compiler to refuse to accept for filing administrative regulations that do not comply with specified requirements for emergency administrative regulations, statements of consideration, and amended-after-comments versions; amend KRS 13A.050 to correct the name of the Administrative Register of Kentucky; amend KRS 13A.070 to authorize, rather than require, the LRC to promulgate administrative regulations; delete the requirement that the regulations compiler refuse to accept any administrative regulation that does not conform to KRS Chapter 13A and the administrative regulations thereunder; specify that administrative regulations promulgated by LRC shall be signed by the President of the Senate and the Speaker of the House of Representatives; amend KRS 13A.125 to require that a current proposed administrative regulation be withdrawn prior to filing a subsequent proposed administrative regulation with the same number or title; amend KRS 13A.190 to require that emergency administrative regulations be published in the Administrative Register in accordance with the publication deadline established in KRS 13A.050(3); clarify provisions governing when a subsequent emergency administrative regulation with the same number or title or governing the same subject matter may be filed; establish the filing requirements for emergency administrative regulations; amend KRS 13A.220 to require that the electronic version be filed at the same time as, or prior to, filing the paper version; require that the electronic version be saved as a single document for each administrative regulation; specify that a section shall not be divided into lower levels of division if there is only one item in that level of division; require that the contact person's information include an email address; authorize administrative bodies to file letters and notifications electronically with the regulations compiler; amend KRS 13A.221 to require that, before filing an administrative regulation, an administrative body review the entire administrative regulation for compliance with KRS Chapter 13A and current law governing the subject matter of the administrative regulation; amend KRS 13A.222 to require that all changes made to the text of an existing administrative regulation be marked with new words underlined and deleted words struck through and placed in brackets; establish requirements for definitions in administrative regulations; remove the prohibition against using the phrase "at the time" in an administrative regulation; authorize the use of "et seq." in citations; require that citations accompany only the first usage of a popular name in an administrative regulation; amend KRS 13A.2251 to require that the incorporation-by-reference section of an administrative regulation state the regular office hours of the administrative body, rather than the set times of 8:00 a.m. to 4:30 p.m.; amend KRS 13A.2255 to establish the process for amending material previously incorporated by reference; amend KRS 13A.230 to require that the electronic version of an administrative regulation be filed at the same as, or prior to, filing the paper version; require that the electronic version be saved as a single document for each administrative regulation; amend KRS 13A.240 to require the regulatory impact analysis to state the administrative regulation's number and the contact person's name, e-mail address, and telephone number; delete the requirement that the LRC prepare a written analysis of all regulatory impact analyses and administrative regulations; amend KRS 13A.250 and KRS 13A.255 to require inclusion of each contact person's name, e-mail address, and telephone number in the fiscal note and notification regarding fees; amend KRS 13A.270 to specify that the comment period shall end at 11:59 p.m. on the last day of the calendar month in which the administrative regulation is published in the Administrative Register, rather than having the end of the comment period dependent on whether the last day is a workday or a Saturday, Sunday, or legal holiday; require that the contact information include the contact person's e-mail address; clarify that the provisions for notification if a government may be impacted by an administrative regulation apply for local government, impact not both state and local government impact; delete the requirement that administrative bodies telephone the regulations compiler about the holding or canceling of public hearings and whether public comments were received; amend KRS 13A.280 to specify the filing requirements for a statement of consideration and an amended-after-comments version; amend KRS 13A.290 to require that ARRS review of an administrative regulation include the entire administrative regulation and all attachments filed with the administrative regulation; delete the requirement that a copy of the minutes of each meeting be sent to the promulgating administrative body; require that referrals to the second committee be made on the first Wednesday of the following month instead of at the next regularly scheduled LRC meeting; establish the voting requirements at the second committee level in order to amend an administrative regulation or find an administrative regulation deficient; amend KRS 13A.300 to establish requirements for deferring an administrative regulation scheduled for review at the second committee level; amend KRS 13A.310 to establish the effective date of a repealing administrative regulation if the repealer states an effective date that is after the normal effective date for an administrative regulation; amend KRS 13A.312 to specify that the regulations compiler shall alter administrative regulations pursuant to a statutory change or executive order after receipt of a written request from an administrative body; amend KRS 13A.315 to require that an administrative regulation expire if the statement of consideration and, if applicable, the amended-after-comments version not filed before a specified deadline, rather than requiring expiration if any item is not filed before a deadline; amend KRS 13A.320 to establish requirements for amendments made at a subcommittee meeting; amend KRS 13A.100, 13A.110, 13A.120, 13A.130, 13A.180, 13A.200, and 13A.224 to make technical corrections; and repeal KRS 13A.075 and 13A.140, relating to promulgation of administrative regulations.


SB 129 - AMENDMENTS

     SCS1 - Retain original provisions; amend KRS 13A.2255 to require the summary of changes to material incorporated by reference to describe the changes being made rather than to describe each change.
     HCS1 - Retain original provisions; create a new section of KRS Chapter 141 to permit the Department of Revenue to publish tax forms and instructions to the forms without promulgating an administrative regulation; amend KRS 13A.110, 131.130, 141.050 and 41.068 to conform.
     HFA1( M. Marzian ) - Delete the provision stating that tax forms and instructions to those forms shall not carry the force and effect of law.
     HFA2( M. Marzian ) - Require, rather than authorize, the Department of Revenue to publish tax forms and instructions to those forms without promulgation of an administrative regulation; delete the provision stating that tax forms and instructions to those forms do not carry the force and effect of law.

     Jan 26, 2016 - introduced in Senate
     Jan 28, 2016 - to State & Local Government (S)
     Feb 03, 2016 - reported favorably, 1st reading, to Calendar with Committee Substitute (1)
     Feb 04, 2016 - 2nd reading, to Rules
     Feb 08, 2016 - posted for passage in the Regular Orders of the Day for Tuesday, February 9
     Feb 09, 2016 - 3rd reading, passed 37-0 with Committee Substitute (1)
     Feb 10, 2016 - received in House
     Feb 16, 2016 - to State Government (H)
     Mar 15, 2016 - posted in committee
     Mar 17, 2016 - reported favorably, 1st reading, to Consent Calendar with Committee Substitute (1)
     Mar 18, 2016 - 2nd reading, to Rules; posted for passage in the Consent Orders of the Day for Tuesday, March 22, 2016
     Mar 21, 2016 - floor amendment (1) filed to Committee Substitute
     Mar 22, 2016 - taken from the Consent Orders of the Day, placed in the Regular Orders of the Day; floor amendment (2) filed to Committee Substitute
     Mar 23, 2016 - 3rd reading, passed 97-0 with Committee Substitute (1) floor amendment (2)
     Mar 24, 2016 - received in Senate
     Mar 29, 2016 - posted for passage for concurrence in House Committee Substitute (1) and floor amendment (2); Senate concurred in House Committee Substitute (1) and floor amendment (2); passed 37-0; enrolled, signed by each presiding officer; delivered to Governor
     Apr 09, 2016 - signed by Governor (Acts, ch. 82)