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AN ACT relating to administrative regulations. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 13A IS CREATED TO 3
READ AS FOLLOWS: 4
(1) For any enactment of the General Assembly that requires an administrative body 5
to promulgate an administrative regulation, the administrative body shall 6
promulgate the relevant administrative regulation as follows: 7
(a) For a statutory requirement that becomes effective on a date when the 8
General Assembly is not in session, the administrative regulation shall be 9
promulgated within ninety (90) days after the effective date of the Act which 10
contains the statutory requirement; or 11
(b) For a statutory requirement that becomes effective on a date when the 12
General Assembly is in session, the administrative regulation shall be 13
promulgated within ninety (90) days after the sine die adjournment of that 14
session. 15
(2) (a) If an administrative body fails to promulgate an administrative regulation 16
before the deadline established by subsection (1) of this section has expired, 17
the cabinet secretary, the cabinet secretary's designee, or the head of the 18
administrative body responsible for the failure to promulgate shall appear 19
before the subcommittee at the subcommittee's next scheduled meeting 20
immediately following the expiration. 21
(b) The representative of the cabinet or administrative body shall explain why 22
the administrative regulation has not been promulgated and may request a 23
time extension as authorized by subsection (3) of this section. 24
(c) The subcommittee may allow other interested persons to testify on the 25
matter at the same meeting. 26
(3) After hearing the testimony presented under subsection (2) of this section at a 27 UNOFFICIAL COPY 22 RS BR 336
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subcommittee meeting, the subcommittee may grant the administrative body an 1
extension of thirty (30) days after the adjournment of the subcommittee meeting 2
to promulgate the relevant administrative regulation. The subcommittee may only 3
grant the administrative body one (1) extension of time for each matter addressed 4
under this subsection. 5
(4) If the administrative body fails to meet the requirements of this section, the 6
cabinet secretary, the cabinet secretary's designee, or the head of the 7
administrative body shall be subject to the process of the Commission described 8
under Section 2 of this Act. 9
Section 2. KRS 7.110 is amended to read as follows: 10
(1) The Commission, its co-chairmen or director, any other member of the General 11
Assembly authorized by the director, or any employee authorized by the director:[,] 12
(a) Shall have access to all public records as provided in KRS 61.870 to 61.884, 13
of every agency, division, or department of state government, and of any 14
agency or institution, public or private, which has been the recipient of public 15
funds[. The Commission, its co-chairmen or director, any other member of the 16
General Assembly authorized by the director, or any employee authorized by 17
the director,]; 18
(b) May utilize automated data processing procedures and equipment in the 19
accession of public records, if such records exist in machine readable form. 20
To effect the purposes of this section, the Commission shall promulgate such 21
rules and regulations relating to the accession of public records as are 22
necessary[. The Commission, its co-chairmen or director, any other member 23
of the General Assembly authorized by the director, or any employee 24
authorized by the director,]; and 25
(c) May require information on oath of any person touching any matter which the 26
person[he] is instructed to respond, investigate, study, or audit, and shall have 27 UNOFFICIAL COPY 22 RS BR 336
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the power to subpoena witnesses and records for such purpose, and otherwise 1
compel the giving of evidence of any matter under study. If any person fails or 2
refuses to testify or furnish documentary evidence concerning any matter with 3
respect to a public agency's failure to comply with Section 1 of this Act or to 4
which the Commission desires information pertaining to the studies in which 5
it is engaged, the Franklin Circuit Court, on application of the Commission, 6
may compel obedience by proceedings for contempt as in the case of 7
disobedience of a subpoena issued from the Circuit Court or a refusal to 8
testify therein. Every attending witness so subpoenaed under this section shall 9
receive[ for his attendance] the fee and mileage provided for witnesses in civil 10
cases in Circuit Court, which shall be audited and paid upon the presentation 11
of proper vouchers sworn to by the witness and approved by the Commission. 12
(2) All state agencies and institutions shall cooperate with the Commission to effectuate 13
the purposes of KRS 7.090 to 7.110 and shall submit copies of their annual or 14
biennial reports to the Commission. 15
(3) The Commission shall encourage and arrange conferences with officials of other 16
states and of other units of government; carry forward the participation of this state 17
as a member of the Council of State Governments, both regionally and nationally, 18
and formulate proposals for cooperation between this state and other states. The 19
Legislative Research Commission shall function as Kentucky's commission on 20
interstate cooperation in carrying out the program of the Council of State 21
Governments as it relates to Kentucky. 22
(4) The Commission shall designate persons to represent Kentucky at the National 23
Conference of Commissioners on Uniform State Laws. The Commission shall 24
report the findings and recommendations of the national conference to the General 25
Assembly. Any funds appropriated to the commissioners on uniform state laws shall 26
be paid out on vouchers approved by the director of the Commission. 27 UNOFFICIAL COPY 22 RS BR 336
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(5) The Commission may establish such subcommittees and advisory citizens' 1
committees as may be convenient or desired for the proper and efficient 2
performance of its functions. Members of the General Assembly other than those 3
who are members of the Commission designated to serve on subcommittees shall 4
receive the same travel allowances and compensation for attending meetings as they 5
do for attending meetings during a session of the General Assembly, except that 6
each General Assembly member who is a chairman of a joint interim committee of 7
the Legislative Research Commission shall be paid, in addition to such allowances 8
and compensation, ten dollars ($10) per day for each committee meeting that the 9
member[he] chairs. 10
(6) The Commission shall report its findings, either with or without recommendations, 11
to the Governor of the Commonwealth, and to each member of the General 12
Assembly at least thirty (30) days prior to the convening of each regular session of 13
the General Assembly. 14
Section 3. KRS 13A.030 is amended to read as follows: 15
(1) The Administrative Regulation Review Subcommittee shall: 16
(a) Conduct a continuous study as to whether additional legislation or changes in 17
legislation are needed based on various factors, including, but not limited to, 18
review of new, emergency, and existing administrative regulations, the lack of 19
administrative regulations, and the needs of administrative bodies; 20
(b) Except as provided by KRS 158.6471 and 158.6472, review and comment 21
upon effective administrative regulations pursuant to subsections (2), (3), and 22
(4) of this section or administrative regulations filed with the Commission; 23
(c) Make recommendations for changes in statutes, new statutes, repeal of statutes 24
affecting administrative regulations or the ability of administrative bodies to 25
promulgate them; 26
(d) Fulfill its duties as described in Section 1 of this Act relating to 27 UNOFFICIAL COPY 22 RS BR 336
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administrative bodies; and 1
(e)[(d)] Conduct such other studies relating to administrative regulations as may 2
be assigned by the Commission. 3
(2) The subcommittee may make a determination: 4
(a) That an effective administrative regulation or an administrative regulation 5
filed with the Commission is deficient because it: 6
1. Is wrongfully promulgated; 7
2. Appears to be in conflict with an existing statute; 8
3. Appears to have no statutory authority for its promulgation; 9
4. Appears to impose stricter or more burdensome state requirements than 10
required by the federal mandate, without reasonable justification; 11
5. Fails to use tiering when tiering is applicable; 12
6. Is in excess of the administrative body's authority; 13
7. Appears to impose an unreasonable burden on government or small 14
business, or both; 15
8. Is filed as an emergency administrative regulation without adequate 16
justification of the emergency nature of the situation as described in 17
KRS 13A.190(1); 18
9. Has not been noticed in conformance with the requirements of KRS 19
13A.270(3); or 20
10. Appears to be deficient in any other manner; 21
(b) That an administrative regulation is needed to implement an existing statute; 22
or 23
(c) That an administrative regulation should be amended or repealed. 24
(3) The subcommittee may review an effective administrative regulation if requested by 25
a member of the subcommittee. 26
(4) The subcommittee may require any administrative body to submit data and 27 UNOFFICIAL COPY 22 RS BR 336
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information as required by the subcommittee in the performance of its duties under 1
this chapter, and no administrative body shall fail to provide the information or data 2
required. 3
Section 4. KRS 13A.290 is amended to read as follows: 4
(1) (a) Except as provided by KRS 158.6471 and 158.6472, the Administrative 5
Regulation Review Subcommittee shall meet monthly to review 6
administrative regulations prior to close of business on the fifteenth day of the 7
calendar month. 8
(b) The agenda shall: 9
1. Include each administrative regulation that completed the public 10
comment process; 11
2. Include each administrative regulation for which a statement of 12
consideration was received on or before 12 noon, eastern time, on the 13
fifteenth day of the prior calendar month; 14
3. Include each effective administrative regulation that the subcommittee 15
has decided to review; 16
4. Include each administrative regulation that was deferred from the prior 17
month's meeting of the subcommittee; 18
5. Include testimony from each administrative body that has violated 19
Section 1 of this Act since the subcommittee's last meeting; and 20
6.[5.] Not include an administrative regulation that is deferred, withdrawn, 21
expired, or automatically taken off the agenda under the provisions of 22
this chapter. 23
(c) Review of an administrative regulation shall include the entire administrative 24
regulation and all attachments filed with the administrative regulation. The 25
review of amendments to existing administrative regulations shall not be 26
limited to only the changes proposed by the promulgating administrative 27 UNOFFICIAL COPY 22 RS BR 336
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body. 1
(2) The meetings shall be open to the public. 2
(3) Public notice of the time, date, and place of the Administrative Regulation Review 3
Subcommittee meeting shall be given in the Administrative Register. 4
(4) (a) A representative of the administrative body for an administrative regulation 5
under consideration shall be present to explain the administrative regulation 6
and to answer questions thereon. 7
(b) If a representative of the administrative body with authority to amend a filed 8
administrative regulation is not present at the subcommittee meeting, the 9
administrative regulation shall be deferred to the next regularly scheduled 10
meeting of the subcommittee. 11
(c) If a representative of an administrative body for an effective administrative 12
regulation fails to appear before the subcommittee, the subcommittee may: 13
1. Defer the administrative regulation to the next regularly scheduled 14
meeting of the subcommittee; or 15
2. Make a determination pursuant to KRS 13A.030(2), (3), and (4), or KRS 16
13A.190(3). 17
(5) Following the meeting and before the next regularly scheduled meeting of the 18
Commission, the Administrative Regulation Review Subcommittee shall forward to 19
the Commission its findings, recommendations, or other comments it deems 20
appropriate in writing. The Administrative Regulation Review Subcommittee shall 21
also forward to the Commission its findings, recommendations, or other comments 22
it deems appropriate on an effective administrative regulation it has reviewed. The 23
Administrative Regulation Review Subcommittee's findings shall be published in 24
the Administrative Register. 25
(6) (a) After review by the Administrative Regulation Review Subcommittee, the 26
Commission shall, on the first Wednesday of the following month, or if the 27 UNOFFICIAL COPY 22 RS BR 336
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first Wednesday is a legal holiday, the next workday of the month, assign a 1
filed administrative regulation to a legislative committee with subject matter 2
jurisdiction. 3
(b) Upon notification of the assignment by the Commission, the legislative 4
committee to which the administrative regulation is assigned shall notify the 5
regulations compiler: 6
1. Of the date, time, and place of the meeting at which it will consider the 7
administrative regulation; or 8
2. That it will not meet to consider the administrative regulation. 9
(7) (a) Within ninety (90) days of the assignment, the legislative committee may hold 10
a public meeting during which the administrative regulation shall be reviewed. 11
(b) If the ninetieth day of the assignment falls on a Saturday, Sunday, or holiday, 12
the deadline for review shall be the workday following the Saturday, Sunday, 13
or holiday. 14
(c) 1. If the administrative regulation is assigned to an interim joint committee 15
and a session of the General Assembly begins during the review period, 16
the assignment shall transfer to the Senate and House standing 17
committees with subject matter jurisdiction. 18
2. If the administrative regulation is assigned to Senate and House standing 19
committees and a session of the General Assembly adjourns sine die 20
during the review period, the assignment shall transfer to the interim 21
joint committee with subject matter jurisdiction. 22
3. An administrative regulation may be transferred more than one (1) time 23
under this paragraph. A transfer shall not extend the review period 24
established by this subsection. 25
(d) Notice of the time, date, and place of the meeting shall be placed in the 26
legislative calendar. 27 UNOFFICIAL COPY 22 RS BR 336
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(8) Except as provided in subsection (9) of this section, a legislative committee shall be 1
empowered to make the same determinations and to exercise the same authority as 2
the Administrative Regulation Review Subcommittee. 3
(9) (a) This subsection shall apply to administrative regulations filed with the 4
Commission. 5
(b) A majority of the entire membership of the legislative committee shall 6
constitute a quorum for purposes of reviewing administrative regulations. 7
(c) In order to amend an administrative regulation pursuant to KRS 13A.320, 8
defer an administrative regulation pursuant to KRS 13A.300, or find an 9
administrative regulation deficient pursuant to KRS 13A.030(2), (3), or (4) or 10
13A.190(3), the motion to amend, defer, or find deficient shall be approved by 11
a majority of the entire membership of the legislative committee. 12
Additionally, during a session of the General Assembly, standing committees 13
of the Senate and House of Representatives shall agree in order to amend an 14
administrative regulation, defer an administrative regulation, or find an 15
administrative regulation deficient by: 16
1. Meeting separately; or 17
2. Meeting jointly. If the standing committees meet jointly, it shall require 18
a majority vote of Senate members voting and a majority of House 19
members voting, as well as the majority vote of the entire membership 20
of the standing committees meeting jointly, in order to take action on the 21
administrative regulation. 22
(10) (a) The quorum requirements of subsection (9)(b) of this section shall apply to an 23
effective administrative regulation under review by a legislative committee. 24
(b) A motion to find an effective administrative regulation deficient shall be 25
approved by: 26
1. A majority of the entire membership of the Administrative Regulation 27 UNOFFICIAL COPY 22 RS BR 336
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Review Subcommittee; or 1
2. A legislative committee in accordance with subsection (9)(c) of this 2
section. 3
(11) (a) Upon adjournment of the meeting at which a legislative committee has 4
considered an administrative regulation pursuant to subsection (7) or (10) of 5
this section, the legislative committee shall inform the regulations compiler of 6
its findings, recommendations, or other action taken on the administrative 7
regulation. 8
(b) Following the meeting and before the next regularly scheduled meeting of the 9
Commission, the legislative committee shall forward to the Commission its 10
findings, recommendations, or other comments it deems appropriate in 11
writing. The legislative committee's findings shall be published in the 12
Administrative Register. 13