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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. KRS 13A.010 is amended to read as follows: 3
As used in this chapter, unless the context otherwise requires: 4
(1) "Administrative body" means each state board, bureau, cabinet, commission, 5
department, authority, officer, or other entity, except the General Assembly and the 6
Court of Justice, authorized by law to promulgate administrative regulations; 7
(2) "Administrative regulation" means each statement of general applicability 8
promulgated by an administrative body that implements, interprets, or prescribes 9
law or policy, or describes the organization, procedure, or practice requirements of 10
any administrative body. The term includes an existing administrative regulation, a 11
new administrative regulation, an emergency administrative regulation, an 12
administrative regulation in contemplation of a statute, and the amendment or 13
repeal of an existing administrative regulation, but does not include: 14
(a) Statements concerning only the internal management of an administrative 15
body and not affecting private rights or procedures available to the public; 16
(b) Declaratory rulings; 17
(c) Intradepartmental memoranda not in conflict with KRS 13A.130; 18
(d) Statements relating to acquisition of property for highway purposes and 19
statements relating to the construction or maintenance of highways; or 20
(e) Rules, regulations, and policies of the governing boards of institutions that 21
make up the postsecondary education system defined in KRS 164.001 22
pertaining to students attending or applicants to the institutions, to faculty and 23
staff of the respective institutions, or to the control and maintenance of land 24
and buildings occupied by the respective institutions; 25
(3) "Adopted" means that an administrative regulation has become effective in 26
accordance with the provisions of this chapter; 27 UNOFFICIAL COPY 25 RS HB 422/GA
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(4) "Authorizing signature" means the signature of the head of the administrative body 1
authorized by statute to promulgate administrative regulations; 2
(5) "Commission" means the Legislative Research Commission; 3
(6) "Effective" means an administrative regulation that has completed the legislative 4
committee review established by KRS 13A.290, 13A.330, and 13A.331; 5
(7) "Federal mandate" means any federal constitutional, legislative, or executive law or 6
order that requires or permits any administrative body to engage in regulatory 7
activities that impose compliance standards, reporting requirements, recordkeeping, 8
or similar responsibilities upon entities in the Commonwealth; 9
(8) "Federal mandate comparison" means a written statement containing the 10
information required by KRS 13A.245; 11
(9) "Filed" or "promulgated" means that an administrative regulation, or other 12
document required to be filed by this chapter, has been submitted to the 13
Commission in accordance with this chapter; 14
(10) "Last effective date" means the latter of: 15
(a) The most recent date an ordinary administrative regulation became effective, 16
without including the date a technical amendment was made pursuant to KRS 17
13A.040(10), 13A.2255(2), or 13A.312; or 18
(b) The date a certification letter was filed with the regulations compiler for that 19
administrative regulation pursuant to KRS 13A.3104(4), if the letter stated 20
that the administrative regulation shall remain in effect without amendment; 21
(11) "Legislative committee" means an interim joint committee, a House or Senate 22
standing committee, a statutory committee, or a subcommittee of the Legislative 23
Research Commission; 24
(12) "Local government" means and includes a city, county, urban-county, charter 25
county, consolidated local government, special district, or a quasi-governmental 26
body authorized by the Kentucky Revised Statutes or a local ordinance; 27 UNOFFICIAL COPY 25 RS HB 422/GA
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(13) "Major economic impact" means an overall negative or adverse economic impact 1
from an administrative regulation of five hundred thousand dollars ($500,000) or 2
more on state or local government or regulated entities, in aggregate, as determined 3
by the promulgating administrative bodies; 4
(14) "Proposed administrative regulation" means an administrative regulation that: 5
(a) Has been filed by an administrative body; and 6
(b) Has not become effective or been withdrawn; 7
(15) "Regulatory impact analysis" means a written statement containing the provisions 8
required by KRS 13A.240; 9
(16) "Signature" means the application of letters or numbers that signify the intent to 10
sign, are uniquely linked to the signer, and are: 11
(a) Produced by manual or handwritten means; 12
(b) An image of the manual or handwritten signature produced under 13
paragraph (a) of this subsection; or 14
(c) Produced by using a digital signature scheme or electronic confirmation 15
method that allows for verification of authenticity; 16
(17) "Small business" means a business entity, including its affiliates, that: 17
(a) Is independently owned and operated; and 18
(b) 1. Employs fewer than one hundred fifty (150) full-time employees or their 19
equivalent; or 20
2. Has gross annual sales of less than six million dollars ($6,000,000); 21
(18)[(17)] "Statement of consideration" means the document required by KRS 13A.280 22
in which the administrative body summarizes the comments received, its responses 23
to those comments, and the action taken, if any, as a result of those comments and 24
responses; 25
(19)[(18)] "Subcommittee" means the Administrative Regulation Review Subcommittee 26
of the Legislative Research Commission; 27 UNOFFICIAL COPY 25 RS HB 422/GA
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(20)[(19)] "Tiering" means the tailoring of regulatory requirements to fit the particular 1
circumstances surrounding regulated entities; and 2
(21)[(20)] "Written comments" means comments submitted to the administrative body's 3
contact person identified pursuant to KRS 13A.220(6)(d) via hand delivery, United 4
States mail, email[e-mail], or facsimile and may include but is not limited to 5
comments submitted internally from within the promulgating administrative body 6
or from another administrative body. 7
Section 2. KRS 13A.040 is amended to read as follows: 8
The director of the Legislative Research Commission shall appoint an administrative 9
regulations compiler who shall: 10
(1) Receive administrative regulations, and other documents required to be filed by the 11
provisions of this chapter, tendered for filing; 12
(2) Stamp administrative regulations tendered for filing with the time and date of 13
receipt; 14
(3) Provide administrative and support services to the subcommittee; 15
(4) Maintain a file of administrative regulations and other documents required to be 16
filed by this chapter, for public inspection, with suitable indexes; 17
(5) Maintain a file of ineffective administrative regulations; 18
(6) Maintain a file of material incorporated by reference, including superseded or 19
ineffective material incorporated by reference; 20
(7) Prepare the Kentucky Administrative Regulations Service; 21
(8) Upon request, certify copies of administrative regulations and other documents that 22
have been filed with the regulations compiler; 23
(9) Correct errors that do not change the substance of an administrative regulation, 24
including but not limited to typographical errors, errors in format, and grammatical 25
errors; 26
(10) (a) Change the following items in an administrative regulation in response to a 27 UNOFFICIAL COPY 25 RS HB 422/GA
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specific written request for a technical amendment submitted by the 1
administrative body if the regulations compiler determines that the requested 2
changes do not affect the scope or substance of the administrative regulation 3
and the changes are provided in accordance with subsection (3) of Section 4
14 of this Act: 5
1. The administrative body's identifying information, including address, 6
phone number, fax number, website[Web site] address, and email[e-7
mail] address; 8
2. Typographical errors, errors in format, and grammatical errors; 9
3. Citations to statutes or other administrative regulations if a format 10
change within that statute or administrative regulation has changed the 11
numbering or lettering of parts; or 12
4. Other changes in accordance with KRS 13A.312; and 13
(b) Notify the administrative body within thirty (30) business days of receipt of a 14
technical amendment letter the status of the request, including: 15
1. Any requested changes that are accepted as technical amendments; and 16
2. Any requested changes that are not accepted as technical amendments; 17
(11) Refuse to accept for filing administrative regulations, and other documents required 18
to be filed by this chapter, that do not conform to the drafting, formatting, or filing 19
requirements established by the provisions of KRS 13A.190(5) to (11), 13A.220, 20
13A.222(1), (2), and (3), 13A.230,[ and] 13A.280, and Sections 14 and 16 of this 21
Act and notify the administrative body in writing of the reasons for refusing to 22
accept an administrative regulation for filing; 23
(12) Maintain a list of all administrative regulation numbers and the corresponding last 24
effective date, based on the information included in the history line of each 25
administrative regulation; and 26
(13) Perform other duties required by the Commission or by a legislative committee. 27 UNOFFICIAL COPY 25 RS HB 422/GA
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Section 3. KRS 13A.190 is amended to read as follows: 1
(1) An emergency administrative regulation is an administrative regulation that: 2
(a) An administrative body can clearly demonstrate, through documentary 3
evidence submitted with the filing of the emergency administrative regulation, 4
must be placed into effect immediately in order to: 5
1. Meet an imminent threat to public health, safety, welfare, or the 6
environment; 7
2. Prevent an imminent loss of federal or state funds; 8
3. Meet an imminent deadline for the promulgation of an administrative 9
regulation that is established by state statute or federal law; or 10
4. Comply with an executive order issued under KRS Chapter 39A; and 11
(b) 1. Is temporary in nature and will expire as provided in this section; or 12
2. Is temporary in nature and will be replaced by an ordinary 13
administrative regulation as provided in this section. 14
For the purposes of this section, "imminent" means within two hundred seventy 15
(270) days of the filing of the emergency administrative regulation. 16
(2) An agency's finding of an emergency pursuant to this section shall not be based on 17
the agency's failure to timely process and file administrative regulations through the 18
ordinary administrative regulation process. 19
(3) An emergency administrative regulation: 20
(a) Shall become effective and shall be considered as adopted upon filing; 21
(b) Shall be published in the Administrative Register in accordance with the 22
publication deadline established in KRS 13A.050(3); 23
(c) Shall be subject to the public comment provisions established in KRS 24
13A.270 and 13A.280; 25
(d) 1. May be reviewed at a subsequent meeting of a legislative committee 26
after the filing of the emergency administrative regulation; and 27 UNOFFICIAL COPY 25 RS HB 422/GA
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2. May, by a vote of the majority of the legislative committee's 1
membership as established by KRS 13A.020(4) and 13A.290(9), be 2
found to be deficient, and the deficiency shall be reported to the 3
Governor pursuant to KRS 13A.330(2); and 4
(e) May be amended: 5
1. By the promulgating administrative body after receiving public 6
comments as established in KRS 13A.280. The amended after 7
comments version shall: 8
a. Become effective upon filing; and 9
b. Not require a statement of emergency; or 10
2. At a legislative committee meeting as established in KRS 13A.320. The 11
amendment shall be approved as established by KRS 13A.020(4) 12
or[and] KRS 13A.290(9). The amended version shall become effective 13
upon adjournment of the meeting following the procedures established 14
in KRS 13A.020(4) or 13A.331(1) and (2). 15
(4) (a) Except as provided by paragraph (b) of this subsection, emergency 16
administrative regulations shall expire two hundred seventy (270) days after 17
the date of filing or when the same matter filed as an ordinary administrative 18
regulation filed for review is adopted, whichever occurs first. 19
(b) If an administrative body extends the time for filing a statement of 20
consideration for an ordinary administrative regulation as provided by KRS 21
13A.280(2)(b), an emergency administrative regulation shall remain in effect 22
for two hundred seventy (270) days after the date of filing plus the number of 23
days extended under the provisions of KRS 13A.280(2)(b) or when the same 24
matter filed as an ordinary administrative regulation filed for review is 25
adopted, whichever occurs first. 26
(c) Filing an emergency amended after comments administrative regulation shall 27 UNOFFICIAL COPY 25 RS HB 422/GA
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not affect the expiration of an emergency regulation as established in 1
paragraphs (a) and (b) of this subsection. 2
(5) Except as established in subsection (6) of this section, an emergency administrative 3
regulation with the same number or title or governing the same subject matter shall 4
not be filed for a period of two hundred seventy (270) days after it has been initially 5
filed. 6
(6) If an emergency administrative regulation with the same number or title or 7
governing the same subject matter as an emergency administrative regulation filed 8
within the previous two hundred seventy (270) days is filed, it shall contain a 9
detailed explanation of the manner in which it differs from the previously filed 10
emergency administrative regulation. The detailed explanation shall be included in 11
the statement of emergency required by subsection (7) of this section. 12
(7) Each emergency administrative regulation shall contain a statement of: 13
(a) The nature of the emergency; 14
(b) The reasons why an ordinary administrative regulation is not sufficient; 15
(c) Whether or not the emergency administrative regulation will be replaced by 16
an ordinary administrative regulation; 17
(d) If the emergency administrative regulation will be replaced by an ordinary 18
administrative regulation, the following statement: "The ordinary 19
administrative regulation (is or is not) identical to this emergency 20
administrative regulation."; 21
(e) If the emergency administrative regulation will not be replaced by an ordinary 22
administrative regulation, the reasons therefor; and 23
(f) If applicable, the explanation required by subsection (6) of this section. 24
(8) (a) An administrative body shall attach the: 25
1. Statement of emergency required by subsection (7) of this section to the 26
front of the original and each copy of a proposed emergency 27 UNOFFICIAL COPY 25 RS HB 422/GA
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administrative regulation; 1
2. Public hearing and public comment period information required by KRS 2
13A.270(2), regulatory impact analysis, tiering statement, federal 3
mandate comparison, fiscal note, summary of material incorporated by 4
reference if applicable, and other forms or documents required by the 5
provisions of this chapter to the back of the emergency administrative 6
regulation; and 7
3. Documentary evidence submitted justifying the finding of an emergency 8
in accordance with subsection (1) of this section to the back of the 9
emergency regulation if it is: 10
a. No more than ten (10)[four (4)] pages in length; and 11
b. Typewritten on white paper, size eight and one-half (8-1/2) by 12
eleven (11) inches, and single-sided. 13
Larger volumes of documentary evidence shall be filed in a separate 14
binder,[ or] on a CD-ROM or DVD disc, or in a different electronic 15
format approved by the regulations compiler. 16
(b) An administrative body shall file with the regulations compiler: 17
1. The original and four (4)[five (5)] copies of the emergency 18
administrative regulation; and 19
2. At the same time as, or prior to, filing the paper version, an electronic 20
version of the emergency administrative regulation and the attachments 21
required by paragraph (a) of this subsection saved as a single document 22
for each emergency administrative regulation in an electronic format 23
approved by the regulations compiler. 24
(c) 1. Each[The] original[ and four (4) copies of each] emergency 25
administrative regulation shall be single-sided and stapled in the top left 26
corner. 27 UNOFFICIAL COPY 25 RS HB 422/GA
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2. One (1) of the copies shall be single-sided and unstapled. 1
3. The other three (3) copies shall be stapled in the top left corner and 2
may be double-sided[The fifth copy of each emergency administrative 3
regulation shall not be stapled]. 4
4. The original and the four (4)[five (5)] copies of each emergency 5
administrative regulation shall be grouped together. 6
(9) The statement of emergency shall have a two (2) inch top margin. The number of 7
the emergency administrative regulation shall be typed directly below the heading 8
"Statement of Emergency." The number of the emergency administrative regulation 9
shall be the same number as the ordinary administrative regulation followed by an 10
"E." 11
(10) Each executive department emergency administrative regulation shall be signed by 12
the head of the administrative body and countersigned by the Governor prior to 13
filing with the Commission. These signatures shall be on the statement of 14
emergency attached to the front of the emergency administrative regulation. 15
(11) If an emergency administrative regulation will be replaced by an ordinary 16
administrative regulation, the ordinary administrative regulation shall be filed at the 17
same time as the emergency administrative regulation that it will replace. 18
(12) If an ordinary administrative regulation that was filed to replace an emergency 19
administrative regulation: 20
(a) Is withdrawn: 21
1.[(a)] The emergency administrative regulation shall expire on the date 22
the ordinary administrative regulation is withdrawn; and 23
2.[(b)] The administrative body shall inform the regulations compiler of 24
the reasons for withdrawal in writing; or 25
(b) Expires, the emergency administrative regulation shall expire on the date 26
the ordinary administrative regulation expires pursuant to subsection (1) of 27 UNOFFICIAL COPY 25 RS HB 422/GA
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Section 15 of this Act. 1
(13) (a) If an emergency administrative regulation that was intended to be replaced by 2
an ordinary administrative regulation is withdrawn, the emergency 3
administrative regulation shall expire on the date it is withdrawn. 4
(b) If an emergency administrative regulation has been withdrawn, the ordinary 5
administrative regulation that was filed with it shall not expire unless the 6
administrative body informs the regulations compiler that the ordinary 7
administrative regulation is also withdrawn. 8
(c) If an emergency administrative regulation is withdrawn, the administrative 9
body shall inform the regulations compiler of the reasons for withdrawal in 10
writing. 11
(14) The administrative regulations compiler shall notify all legislative committees of 12
the number, title, and subject matter of all emergency administrative regulations 13
and shall forward any additional information filed about the emergency 14
administrative regulation requested by a legislative committee. 15
Section 4. KRS 13A.220 is amended to read as follows: 16
All administrative regulations shall comply with the provisions of KRS 13A.222 and 17
13A.224. 18
(1) (a) An administrative body shall file with the regulations compiler: 19
1. The original and four (4)[five (5)] copies of an administrative 20
regulation; and 21
2. At the same time as, or prior to, filing the paper version, an electronic 22
version of the administrative regulation and required attachments saved 23
as a single document for each administrative regulation in an electronic 24
format approved by the regulations compiler. 25
(b) If there are differences between the paper copy and the electronic version of 26
an administrative regulation filed with the regulations compiler, the electronic 27 UNOFFICIAL COPY 25 RS HB 422/GA
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version shall be the controlling version. 1
(2) (a) Each original administrative regulation shall be single-sided and stapled in 2
the top left corner. 3
(b) One (1) of the copies shall be single-sided and unstapled. 4
(c) The other three (3) copies[The original and four (4) copies of each 5
administrative regulation] shall be stapled in the top left corner and may be 6
double-sided[. The fifth copy of each administrative regulation shall not be 7
stapled]. 8
(d) The original and the four (4)[five (5)] copies of each administrative regulation 9
shall be grouped together. 10
(3) An amendment to an administrative regulation shall not be made on a copy of the 11
administrative regulation reproduced from the Kentucky Administrative 12
Regulations Service or the Administrative Register. It shall be a typed original in 13
the format specified in subsection (4) of this section. 14
(4) The format of an administrative regulation shall be as follows: 15
(a) An administrative regulation shall be typewritten on white paper, size eight 16
and one-half (8-1/2) by eleven (11) inches and shall be double-spaced through 17
the last line of the body of the administrative regulation. The first page shall 18
have a two (2) inch top margin. The administrative regulation shall be typed 19
in a twelve (12) point font approved by the regulations compiler. The lines on 20
each page shall be numbered, with each page starting with line number one 21
(1). Pages of an administrative regulation and documents attached to the 22
administrative regulation shall be numbered sequentially. Page numbers shall 23
be centered in the bottom margin of each page. Copies of the administrative 24
regulation may be mechanically reproduced; 25
(b) The regulations compiler shall place a stamp indicating the date and time of 26
receipt of the administrative regulation in the two (2) inch margin on the first 27 UNOFFICIAL COPY 25 RS HB 422/GA
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page; 1
(c) The cabinet, department, and division of the administrative body shall be 2
listed on separate double-spaced lines two (2) inches from the top in the upper 3
left hand corner of the first page. This shall be followed on the next double-4
spaced line by "(New Administrative Regulation)," "(Amendment)," 5
"(Amended After Comments)," "(Repealer)," "(New Emergency 6
Administrative Regulation)," "(Emergency Amendment)," "(Emergency 7
Amended After Comments)," or "(Emergency Repealer)," whichever is 8
applicable; 9
(d) The notation shall be followed by the number and title of the administrative 10
regulation on the next double-spaced line. The promulgating administrative 11
body shall contact the regulations compiler prior to filing to obtain an 12
administrative regulation number for a new administrative regulation; 13
(e) On the next double-spaced line following the number and title of an 14
administrative regulation, after the words "RELATES TO:," the 15
administrative body shall list all statutes and other enactments, including any 16
branch budget bills or executive orders, to which the administrative regulation 17
relates or which shall be affected by the administrative regulation. After the 18
words "STATUTORY AUTHORITY:" the administrative body shall list the 19
specific statutes and other enactments, where applicable, authorizing the 20
promulgation of the administrative regulation. Federal statutes and regulations 21
shall be cited in the "RELATES TO:" and "STATUTORY AUTHORITY:" 22
sections as provided by KRS 13A.222(4)(n) and (o); and 23
(f) Following the citations provided for in paragraph (e) of this subsection, and 24
following the words "NECESSITY, FUNCTION, AND CONFORMITY:" the 25
administrative body shall include a brief statement setting forth the necessity 26
for promulgating the administrative regulation, a summary of the functions 27 UNOFFICIAL COPY 25 RS HB 422/GA
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intended to be implemented by the administrative regulation, and, if 1
applicable, the statement required by KRS 13A.245(2)(b). 2
(5) The numbering within the body of an administrative regulation shall be the 3
responsibility of the promulgating body, subject to the authority of the regulations 4
compiler to divide or renumber an administrative regulation. The following format 5
shall be used by the administrative body in the numbering of each administrative 6
regulation. Each section shall begin with the word "Section" followed by an Arabic 7
number, and titles of sections shall be initially capitalized. Subsections shall be 8
designated by an Arabic number in parentheses. Paragraphs shall be designated by 9
lower case letters of the alphabet in parentheses (e.g., (a), (b), (c), etc.). 10
Subparagraphs shall be designated by an Arabic number followed by a period (e.g., 11
1., 2., etc.). Clauses shall be designated by lower case letters of the alphabet 12
followed by a period (e.g., a., b., c., etc.). Subclauses shall be designated by lower 13
case Roman numerals in parentheses (e.g., (i), (ii), (iii), etc.). A section shall not be 14
divided into subsections, paragraphs, subparagraphs, clauses, or subclauses if there 15
is only one (1) item in that level of division. 16
(6) After the complete text of an administrative regulation, on the following page, the 17
administrative body shall include the following information: 18
(a) If the provisions of KRS 13A.120(3) are applicable, a statement that the 19
official or the head of the administrative body has reviewed or approved the 20
administrative regulation; the signature of such official or head; and the date 21
on which such review or approval occurred; 22
(b) The authorizing signature of the administrative body promulgating the 23
administrative regulation, and the date on which the administrative body 24
approved the promulgation; 25
(c) Information relating to public hearings and the public comment period 26
required by KRS 13A.270; and 27 UNOFFICIAL COPY 25 RS HB 422/GA
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(d) The name, position, mailing address, telephone number, email[e-mail] 1
address, and facsimile number of the contact person of the administrative 2
body. The contact person shall be the person authorized by the head of an 3
administrative body to: 4
1. Receive information relating to issues raised by the public or by a 5
legislative committee prior to a public meeting of the legislative 6
committee; 7
2. Negotiate changes in language with a legislative committee in order to 8
resolve such issues; and 9
3. Answer questions relating to the administrative regulation. 10
(7) The format for signatures required by subsection (6)(a) and (b) of this section shall 11
be as follows: 12
(a) The signature shall be placed on a signature line; and 13
(b) The name and title of the person signing shall be typed immediately beneath 14
the signature line. 15
(8) Within five (5) working days of filing an administrative regulation, an 16
administrative body shall prominently display on its website[Web site]: 17
(a) A notice that an administrative regulation has been filed with the 18
Commission; 19
(b) A summary of the administrative regulation including: 20
1. The number of the administrative regulation; 21
2. The title of the administrative regulation; and 22
3. A brief explanation of the administrative regulation if new or the[Any] 23
changes made if it is an existing administrative regulation; 24
(c) Information on how to access the administrative regulation on the 25
Commission's website[Web site]; and 26
(d) The dates of the public comment period and the place, time, and date of the 27 UNOFFICIAL COPY 25 RS HB 422/GA
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scheduled public hearing as well as the manner in which interested parties 1
shall submit: 2
1. Notification of attending the public hearing; and 3
2. Written comments. 4
(9) (a) A letter of request, notification, or withdrawal required to be filed with the 5
regulations compiler pursuant to this chapter may be filed electronically if the 6
letter: 7
1. Is on the administrative body's official letterhead; and 8
2. Contains the signature of a representative of that administrative body. 9
(b) Paragraph (a) of this subsection shall not apply to the letters required by KRS 10
13A.320(2)(b) for amendments at a legislative committee meeting. 11
Section 5. KRS 13A.2251 is amended to read as follows: 12
(1) An administrative body shall incorporate material by reference in the last section of 13
an administrative regulation. This section shall include: 14
(a) The title of the material incorporated by reference placed in quotation marks, 15
followed by the edition date of the material; 16
(b) Information on how the material may be obtained; and 17
(c) A statement that the material is available for public inspection and copying, 18
subject to copyright law, at the main, regional, or branch offices of the 19
administrative body, and the address and office hours of each. Following the 20
required statement, the administrative body shall include information that 21
states the administrative body's website[Web site] address or telephone 22
number or that provides contact information for other sources that may have 23
the material available to the public. 24
(2) The section incorporating material by reference shall be titled "Incorporation by 25
Reference". 26
(a) If only one (1) item is incorporated by reference, the first subsection of the 27 UNOFFICIAL COPY 25 RS HB 422/GA
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section incorporating material by reference shall contain the following 1
statement: "(name and edition date of material incorporated) is incorporated 2
by reference." 3
(b) If more than one (1) item is incorporated by reference, the first subsection of 4
the section incorporating material by reference shall contain the following 5
statement: "The following material is incorporated by reference: (a) (name 6
and edition date of first item incorporated); and (b) (name and edition date of 7
second item incorporated)." 8
(c) The second subsection of the section incorporating material by reference shall 9
include the following statement: "This material may be inspected, copied, or 10
obtained, subject to applicable copyright law, at (name of administrative 11
body, full address), Monday through Friday, (state the regular office hours)." 12
(3) A summary of the incorporated material[, in detail sufficient to identify the subject 13
matter to which it pertains,] shall be attached to an administrative regulation that 14
incorporates material by reference. This summary shall include: 15
(a) The name and edition date of each item incorporated by reference[Relevant 16
programs, statutes, funds, rights, duties, and procedures affected by the 17
material and the manner in which they are affected]; 18
(b) An explanation of each item and its intended use[A citation of the specific 19
state or federal statutes or regulations authorizing or requiring the procedure 20
or policy found in the material incorporated by reference]; and 21
(c) The total number of pages incorporated by reference. 22
(4) (a) [1. ]One (1) copy of the material incorporated by reference shall be filed 23
with the regulations compiler when the administrative regulation is filed, 24
and:[.] 25
1.[2.] For material incorporated by reference that was developed by the 26
promulgating administrative body: 27 UNOFFICIAL COPY 25 RS HB 422/GA
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a. The material incorporated by reference shall be prominently 1
displayed on the administrative body's website[Web site]; and 2
b. The Uniform Resource Locator (URL) of the address where the 3
material may be directly viewed on the agency's website[Web site] 4
shall be included in the body of the administrative regulation; or[.] 5
2.[3.] For material[materials] incorporated by reference that is[are] subject to 6
a valid copyright owned by a third party not controlled by the 7
promulgating administrative body, the material shall be referenced by 8
providing sufficient information to assist in locating the material from 9
the third party, including the ISBN if available. 10
(b) Material incorporated by reference shall be placed in a binder, attached to the 11
back of the administrative regulation,[ or] filed on a CD-ROM or DVD, or 12
filed in a different electronic format approved by the regulations compiler. 13
1. If the material is placed in a binder, the administrative body shall 14
indicate, on the front binder cover and on the first page of the material 15
incorporated by reference, the: 16
a. Number of the administrative regulation to which the material 17
incorporated by reference pertains; 18
b. Date on which it is filed; and 19
c. Citation of each item that is included in the binder. 20
2. The material incorporated by reference may be attached to the back of 21
the administrative regulation if it is: 22
a. No more than ten (10)[four (4)] pages in length; and 23
b. Typewritten on white paper, size eight and one-half (8 1/2) by 24
eleven (11) inches, and single-sided. 25
3. The material incorporated by reference may be filed on a CD-ROM or 26
DVD disc if the material is saved in Adobe Portable Document Format 27 UNOFFICIAL COPY 25 RS HB 422/GA
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(PDF). The administrative body shall indicate on the disc and the disc's 1
storage case the: 2
a. Number of the administrative regulation to which the material 3
incorporated by reference pertains; 4
b. Date on which it is filed; and 5
c. Citation of each item that is included on the disc. 6
(c) If the same material is incorporated by reference in more than one (1) 7
administrative regulation, an administrative body may file one (1) copy of the 8
material in a binder,[ or] on a CD-ROM or DVD disc, or in a different 9
electronic format approved by the regulations compiler. The numbers of the 10
administrative regulations in which the material is incorporated by reference 11
shall be indicated with the other information as required by paragraph (b) of 12
this subsection. 13
Section 6. KRS 13A.2255 is amended to read as follows: 14
(1) When an administrative body amends material that had been previously 15
incorporated by reference, the amendment shall be accomplished by submission of: 16
(a) An amendment to the administrative regulation with a new edition date for the 17
material incorporated by reference. The amendment shall be filed in 18
accordance with: 19
1. KRS 13A.220 to initiate a change in an existing administrative 20
regulation; 21
2. KRS 13A.280 to amend a proposed administrative regulation as a result 22
of the hearing or written comments received; or 23
3. KRS 13A.320 to amend a proposed administrative regulation at a 24
legislative committee meeting; 25
(b) [1. ]An entire new document in which the amendments have been made but 26
are not reflected in the manner specified in KRS 13A.222(2), and:[.] 27 UNOFFICIAL COPY 25 RS HB 422/GA
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1.[2.] If the new document has been developed by the promulgating 1
administrative body, the entire document shall be displayed prominently 2
on the administrative body's website[Web site] and the Uniform 3
Resource Locator (URL) of the address where the material may be 4
directly viewed on the agency's website[Web site] shall be included in 5
the body of the administrative regulation; or[.] 6
2.[3.] If any materials incorporated by reference are subject to a valid 7
copyright owned by a third party not controlled by the promulgating 8
administrative body, the material shall be referenced by providing 9
sufficient information to assist in locating the material from the third 10
party, including the ISBN if available; 11
(c) A[ detailed] summary of the amended material[changes and their effect]. 12
This summary shall: 13
1. Include the name and edition date of each item incorporated by 14
reference, an explanation of each item's changes and their effect, and 15
the total number of pages incorporated by reference[a. Describe 16
changes that are being made in the material incorporated by reference, in 17
sufficient detail that a person reading the summary will know the 18
differences between the material previously incorporated by reference 19
and the new material; or 20
b. List each change in the manner required by KRS 13A.320(2)(c) 21
and (d)]; and 22
2. Be attached to the back of the administrative regulation or, if part of an 23
amendment pursuant to KRS 13A.320, to the amendment submitted for 24
the legislative committee meeting; and 25
(d) The page or pages of any document developed by the promulgating 26
administrative body in which changes have been made, with the changes 27 UNOFFICIAL COPY 25 RS HB 422/GA
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accomplished in the manner specified in KRS 13A.222(2). Notwithstanding 1
KRS 13A.040(6), the regulations compiler shall not be required to keep these 2
marked copies once the administrative regulation has been adopted or 3
withdrawn. 4
(2) (a) If the changes to the material incorporated by reference are technical in nature 5
and authorized by KRS 13A.040(10) or 13A.312, the administrative body 6
may submit to the regulations compiler a copy of the revised material 7
incorporated by reference and a detailed letter explaining what changes are 8
made and the reason for the changes. 9
(b) If the regulations compiler determines that the requested change does not 10
affect the substance of the material incorporated by reference and that the 11
change is authorized by KRS 13A.040(10) or 13A.312, the edition date stated 12
in the administrative regulation shall be changed to match the edition date on 13
the revised material and the history line of that administrative regulation shall 14
note that a technical amendment was made. 15
(c) If the requested change affects the substance of the material incorporated by 16
reference or is not authorized by KRS 13A.040(10) or 13A.312, the 17
administrative body shall comply with subsection (1) of this section. 18
Section 7. KRS 13A.240 is amended to read as follows: 19
(1) Every administrative body shall prepare and submit to the Legislative Research 20
Commission an original and four (4)[five (5)] duplicate copies of a regulatory 21
impact analysis for every administrative regulation when it is filed with the 22
Commission. The regulatory impact analysis shall include the following 23
information: 24
(a) The number of the administrative regulation; 25
(b) The name, email[e-mail] address, and telephone number of the contact person 26
of the administrative body identified pursuant to KRS 13A.220(6)(d), and, if 27 UNOFFICIAL COPY 25 RS HB 422/GA
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applicable, the name, email[e-mail] address, and telephone number of an 1
alternate person to be contacted with specific questions about the regulatory 2
impact analysis; 3
(c) A brief narrative summary of: 4
1. What the administrative regulation does; 5
2. The necessity of the administrative regulation; 6
3. How the administrative regulation conforms to the content of the 7
authorizing statutes; and 8
4. How the administrative regulation currently assists or will assist in the 9
effective administration of the statutes; 10
(d) If this is an amendment to an existing administrative regulation, a brief 11
narrative summary of: 12
1. How the amendment will change the existing administrative regulation; 13
2. The necessity of the amendment to the administrative regulation; 14
3. How the amendment conforms to the content of the authorizing statutes; 15
and 16
4. How the amendment to the administrative regulation will assist in the 17
effective administration of the statutes; 18
(e) At least three (3) subject index headings reflecting the content of the 19
administrative regulation selected from a list provided by the regulations 20
compiler; 21
(f) The type and number of individuals, businesses, organizations, or state and 22
local governments affected by the administrative regulation; 23
(g)[(f)] An analysis of how the entities referenced in paragraph (f)[(e)] of this 24
subsection will be impacted by either the implementation of this 25
administrative regulation, if new, or by the change if it is an amendment to an 26
existing administrative regulation. The analysis shall include but not be 27 UNOFFICIAL COPY 25 RS HB 422/GA
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limited to: 1
1. A detailed explanation of the actions the entities referenced in paragraph 2
(f)[(e)] of this subsection will be required to undertake in order to 3
comply with the proposed administrative regulation; 4
2. An estimate of the costs imposed on entities referenced in paragraph 5
(f)[(e)] of this subsection in order to comply with the proposed 6
administrative regulation; and 7
3. The benefits that may accrue to the entities referenced in paragraph 8
(f)[(e)] of this subsection as a result of compliance; 9
(h)[(g)] An estimate of how much it will cost the administrative body to 10
implement this administrative regulation, both initially and on a continuing 11
basis; 12
(i) Whether the administrative regulation or amendment implements 13
legislation from the previous five (5) years, and if so: 14
1. The bill number and year; or 15
2. The Kentucky Acts chapter and year; 16
(j)[(h)] The source of the funding to be used for the implementation and 17
enforcement of the administrative regulation or amendment; 18
(k)[(i)] An assessment of whether an increase in fees or funding will be 19
necessary to implement this administrative regulation or amendment to an 20
existing administrative regulation; 21
(l)[(j)] A statement as to whether or not this administrative regulation 22
establishes any fees or directly or indirectly increases any fees; and 23
(m)[(k)] The tiering statement required by KRS 13A.210. 24
(2) The Legislative Research Commission shall review all regulatory impact analyses 25
submitted by all administrative bodies, and may require any administrative body to 26
submit background data upon which the information required by subsection (1) of 27 UNOFFICIAL COPY 25 RS HB 422/GA
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this section is based, and an explanation of how the data was gathered. 1
Section 8. KRS 13A.250 is amended to read as follows: 2
(1) An administrative body that promulgates an administrative regulation shall consider 3
the cost that the administrative regulation may cause state or local government and 4
regulated entities to incur. 5
(2) (a) A two (2) part cost analysis shall be completed for each administrative 6
regulation. 7
(b) The first part of the cost analysis shall include the projected cost or cost 8
savings to the Commonwealth of Kentucky and each of its affected agencies, 9
and the projected cost or cost savings to affected local governments, including 10
cities, counties, fire departments, and school districts. 11
(c) The second part of the cost analysis shall include the projected cost or cost 12
savings to the regulated entities affected by the administrative regulation. 13
(d) Agencies or entities affected by the administrative regulation may submit 14
comments in accordance with KRS 13A.270(1) to the promulgating 15
administrative body or to a legislative committee reviewing the administrative 16
regulation. 17
(3) Each administrative body that promulgates an administrative regulation shall 18
prepare and submit with the administrative regulation a fiscal note. The fiscal note 19
shall state: 20
(a) The number of the administrative regulation; 21
(b) The name, email[e-mail] address, and telephone number of the contact person 22
of the administrative body identified pursuant to KRS 13A.220(6)(d), and, if 23
applicable, the name, email[e-mail] address, and telephone number of an 24
alternate person to be contacted with specific questions about the fiscal note; 25
(c) Each unit, part, or division of state or local government the administrative 26
regulation will affect; 27 UNOFFICIAL COPY 25 RS HB 422/GA
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(d) In detail, the aspect or service of state or local government to which the 1
administrative regulation relates, including identification of the applicable 2
state or federal statute or regulation that mandates the aspect or service or 3
authorizes the action taken by the administrative regulation; 4
(e) The estimated effect of the administrative regulation on the expenditures and 5
revenues of a state or local government agency or regulated entity for the first 6
full year and for subsequent years the administrative regulation will be in 7
effect. The administrative body shall provide a narrative to explain the fiscal 8
impact of the administrative regulation and the methodology and resources it 9
used to determine the fiscal impact; and 10
(f) 1. The conclusion of the promulgating administrative body as to whether 11
the administrative regulation will have a major economic impact on[, as 12
defined in KRS 13A.010, to] state and local government and regulated 13
entities for the first full year the administrative regulation will be in 14
effect and for subsequent years if different;[,] and 15
2. An explanation of the methodology and resources used by the 16
administrative body to reach this conclusion. 17
(4) If an administrative body files an amendment to an administrative regulation 18
pursuant to subsection (3) of Section 16 of this Act for a legislative committee 19
meeting, the administrative body shall: 20
(a) Consider the cost of the amendment as established in subsection (2) of this 21
section; and 22
(b) Prepare and submit a fiscal note as established in subsection (3) of this 23
section. 24
(5) Any administrative body may request the advice and assistance of the Commission 25
in the preparation of the fiscal note. 26
Section 9. KRS 13A.255 is amended to read as follows: 27 UNOFFICIAL COPY 25 RS HB 422/GA
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(1) (a) Within five (5) working days of[ the] filing[ of] an emergency or ordinary 1
administrative regulation that would[proposes to] establish or increase fees, 2
except those fees exempted by KRS 13A.100(3), an administrative body shall 3
mail or email[e-mail] a notice containing the information required by 4
subsection (2) of this section, to each state association, organization, or other 5
body representing a person or entity affected by the administrative regulation. 6
(b) If an emergency administrative regulation is filed with an identical ordinary 7
administrative regulation, the administrative body may include both 8
administrative regulations in the same notice. 9
(2) The notice shall include the following information: 10
(a) The name of the administrative body that filed the[ proposed] administrative 11
regulation; 12
(b) A statement that the administrative body has promulgated an administrative 13
regulation that establishes or increases fees; 14
(c) A summary of the administrative regulation that includes: 15
1. The amount of each fee being established; 16
2. The amount of any increases to any fees previously established; and 17
3. The necessity for the establishment or increase in the fees; 18
(d) A statement that a person or entity may contact the administrative body for 19
additional information; 20
(e) The time, date, and place of the scheduled public hearing; 21
(f) The deadline for submitting written comments as established in KRS 22
13A.270(1)(c); and 23
(g) The name, mailing address, email[e-mail] address, and telephone number of 24
the contact person for the administrative body identified pursuant to KRS 25
13A.220(6)(d). 26
Section 10. KRS 13A.270 is amended to read as follows: 27 UNOFFICIAL COPY 25 RS HB 422/GA
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(1) (a) In addition to the public comment period required by paragraph (c) of this 1
subsection, following publication in the Administrative Register of the text of 2
an administrative regulation, the administrative body shall, unless authorized 3
to cancel the hearing pursuant to subsection (7) of this section, hold a hearing, 4
open to the public, on the administrative regulation. 5
(b) The public hearing for an: 6
1. Ordinary administrative regulation shall not be held before the twenty-7
first day or after the last workday of the month following the month in 8
which the administrative regulation is published in the Administrative 9
Register; or 10
2. Emergency administrative regulation shall not be held before the 11
twenty-first day or after the last workday of the month in which the 12
administrative regulation is published in the Administrative Register. 13
Nothing in this paragraph shall preclude the administrative body from holding 14
additional public hearings in addition to the hearing mandated in 15
subparagraph 1. or 2. of this paragraph. 16
(c) The administrative body shall accept written comments regarding the 17
administrative regulation during the comment period. The comment period 18
shall begin on the date the administrative regulation is filed with the 19
regulations compiler and: 20
1. For an ordinary administrative regulation, shall run until 11:59 p.m. on 21
the last day of the calendar month following the month in which the 22
administrative regulation was published in the Administrative Register; 23
or 24
2. For an emergency administrative regulation, shall run until 11:59 p.m. 25
on the last day of the calendar month in which the administrative 26
regulation is published in the Administrative Register. 27 UNOFFICIAL COPY 25 RS HB 422/GA
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(2) Each administrative regulation shall state: 1
(a) The place, time, and date of the scheduled public hearing; 2
(b) The manner in which interested persons shall submit their: 3
1. Notification of attending the public hearing; and 4
2. Written comments; 5
(c) That notification of attending the public hearing shall be transmitted to the 6
administrative body no later than five (5) workdays prior to the date of the 7
scheduled public hearing; 8
(d) The deadline for submitting written comments regarding the administrative 9
regulation in accordance with subsection (1)(c) of this section; and 10
(e) The name, position, mailing address, email[e-mail] address, and telephone 11
and facsimile numbers of the person to whom a notification and written 12
comments shall be transmitted. 13
(3) (a) A person who wishes to be notified that an administrative body has filed an 14
administrative regulation shall: 15
1. Contact the administrative body by telephone or written letter to request 16
that the administrative body send the information required by paragraph[ 17
(c) or] (d) or (e) of this subsection to the person; or 18
2. Complete an electronic registration form located on a centralized state 19
government website[Web site] developed and maintained by the 20
Commonwealth Office of Technology pursuant to subsection (13) of 21
this section. 22
(b) A registration submitted pursuant to paragraph (a) of this subsection shall: 23
1. Indicate whether the person wishes to receive notification regarding: 24
a. All administrative regulations promulgated by an administrative 25
body; or 26
b. Each administrative regulation that relates to a specified subject 27 UNOFFICIAL COPY 25 RS HB 422/GA
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area. The subject areas shall be provided by the administrative 1
bodies and shall be listed on the centralized state government 2
website[Web site] in alphabetical order; 3
2. Include a request for the person to provide an email[e-mail] address in 4
order to receive regulatory information electronically; 5
3. Be valid for a period of four (4) years from the date the registration is 6
submitted, or until the person submits a written request to be removed 7
from the notification list, whichever occurs first; and 8
4. Be transmitted to the promulgating administrative body, if the 9
registration was made through the centralized state government 10
website[Web site]. The collected email[e-mail] addresses shall be used 11
solely for the purposes of this subsection and shall not be sold, 12
transferred, or otherwise made available to third parties, other than the 13
promulgating administrative body. 14
(c) An administrative body that promulgates administrative regulations shall: 15
1. Request that the Commonwealth Office of Technology add it to the 16
centralized state government website if the administrative body is not 17
already included; 18
2. Maintain a list of registrations transmitted to the body pursuant to 19
paragraph (b)4. of this subsection; 20
3. Establish a method to transfer the registrations if there are personnel 21
changes or other disruptions; and 22
4. Communicate updates to subject areas and contact persons to the 23
Commonwealth Office of Technology as needed. 24
(d) A copy of the administrative regulation as filed, and all attachments required 25
by KRS 13A.230(1), shall be emailed by the administrative body[e-mailed]: 26
1. To every person who has: 27 UNOFFICIAL COPY 25 RS HB 422/GA
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a. Registered pursuant to paragraph (a) of this subsection; and 1
b. Provided an email[e-mail] address as part of the registration 2
request; 3
2. Within five (5) working days after the date the administrative regulation 4
is filed with the Commission; and 5
3. With a request from the administrative body that affected individuals, 6
businesses, or other entities submit written comments that identify the 7
anticipated effects of the proposed administrative regulation. 8
(e)[(d)] Within five (5) working days after the date the administrative regulation 9
is filed with the Commission, the administrative body shall mail the following 10
information to every person who has registered pursuant to paragraph (a) of 11
this subsection but did not provide an email[e-mail] address: 12
1. A cover letter from the administrative body requesting that affected 13
individuals, businesses, or other entities submit written comments that 14
identify the anticipated effects of the proposed administrative regulation; 15
2. A copy of the regulatory impact analysis required by KRS 13A.240 16
completed in detail sufficient to put the individual on notice as to the 17
specific contents of the administrative regulation, including all proposed 18
amendments to the administrative regulation; and 19
3. A statement that a copy of the administrative regulation may be obtained 20
from the Commission's website[Web site], which can be accessed on-21
line through public libraries or any computer with internet access. The 22
Commission's website[Web site] address shall be included in the 23
statement. 24
[(e) An administrative body shall not be required to send a copy of an 25
administrative regulation that was amended after comments in accordance 26
with KRS 13A.280 to persons who have registered pursuant to paragraph (a) 27 UNOFFICIAL COPY 25 RS HB 422/GA
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of this subsection, unless the person requested a copy pursuant to KRS 1
13A.280(8).] 2
(4) (a) If small business may be impacted by an administrative regulation, the 3
administrative body shall email[e-mail] a copy of the administrative 4
regulation as filed, and all attachments required by KRS 13A.230(1), to the 5
chief executive officer of the Commission on Small Business Innovation and 6
Advocacy within five (5) working days[one (1) working day] after the date 7
the administrative regulation is filed with the Commission. 8
(b) The email[e-mail] shall include a request from the administrative body that 9
the Commission on Small Business Innovation and Advocacy review the 10
administrative regulation in accordance with KRS 11.202(1)(e) and submit its 11
report or comments in accordance with the deadline established in subsection 12
(1)(c) of this section. A copy of the report shall be filed with the regulations 13
compiler. 14
(c) An administrative body shall not be required to send a copy of an 15
administrative regulation that was amended after comments in accordance 16
with KRS 13A.280 to the Commission on Small Business Innovation and 17
Advocacy, unless its chief executive officer requested a copy pursuant to KRS 18
13A.280(8). 19
(5) (a) If a local government may be impacted by an administrative regulation, the 20
administrative body shall send, by email[e-mail] if the local government has 21
an email[e-mail] address, a copy of the administrative regulation as filed and 22
all attachments required by KRS 13A.230(1) to each impacted local 23
government in the state within five (5) working days[one (1) working day] 24
after the date the administrative regulation is filed with the Commission. If the 25
local government does not have an email[e-mail] address, the material shall 26
not be sent. 27 UNOFFICIAL COPY 25 RS HB 422/GA
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(b) The email[e-mail] shall include a request from the administrative body that 1
the local government review the administrative regulation in the same manner 2
as would the Commission on Small Business Innovation and Advocacy under 3
KRS 11.202(1)(e), and submit its report or comments in accordance with the 4
deadline established in subsection (1)(c) of this section. A copy of the report 5
or comments shall be filed with the regulations compiler. 6
(c) An administrative body shall not be required to send a copy of an 7
administrative regulation that was amended after comments in accordance 8
with KRS 13A.280 to a local government, unless its contact person requested 9
a copy pursuant to KRS 13A.280(8). 10
(6) Persons desiring to be heard at the hearing shall notify the administrative body in 11
writing as to their desire to appear and testify at the hearing not less than five (5) 12
workdays before the scheduled date of the hearing. 13
(7) The administrative body shall immediately notify the regulations compiler by letter 14
if: 15
(a) No written notice of intent to attend the public hearing is received by the 16
administrative body at least five (5) workdays before the scheduled hearing, 17
and it chooses to cancel the public hearing; and 18
(b) No written comments have been received by the close of the last day of the 19
public comment period. 20
(8) (a) 1. Upon receipt from interested persons of their intent to attend a public 21
hearing, the administrative body shall notify the regulations compiler by 22
letter that the public hearing shall be held. 23
2. If the public hearing is held but no comments are received during the 24
hearing, the administrative body shall notify the regulations compiler by 25
letter that the public hearing was held and that no comments were 26
received. 27 UNOFFICIAL COPY 25 RS HB 422/GA
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(b) Upon receipt of written comments, the administrative body shall notify the 1
regulations compiler by letter that written comments have been received. 2
(9) If the notifications required by subsections (7) and (8) of this section are not 3
received by the regulations compiler by close of business on the second workday of 4
the calendar month following the end of the public comment period, the 5
administrative regulation shall be deferred to the next regularly scheduled meeting 6
of the subcommittee. 7
(10) The notifications required by subsections (7) and (8) of this section shall be made 8
by letter. The letter may be sent by email[e-mail] if the administrative body uses an 9
electronic signature and letterhead for the emailed[e-mailed] document. 10
(11) Every hearing shall be conducted in such a manner as to guarantee each person who 11
wishes to offer comment a fair and reasonable opportunity to do so, whether or not 12
such person has given the notice contemplated by subsection (6) of this section. No 13
transcript need be taken of the hearing, unless a written request for a transcript is 14
made, in which case the person requesting the transcript shall have the 15
responsibility of paying for same. A recording may be made in lieu of a transcript 16
under the same terms and conditions as a transcript. This section shall not preclude 17
an administrative body from making a transcript or making a recording if it so 18
desires. 19
(12) Nothing in this section shall be construed as requiring a separate hearing on each 20
administrative regulation. Administrative regulations may be grouped at the 21
convenience of the administrative body for purposes of hearings required by this 22
section. 23
(13) The centralized state government website that provides for the notification of the 24
filing of administrative regulations and amendments to existing administrative 25
regulations shall provide: 26
(a) The electronic registration notification form required by subsection (3)(a) of 27 UNOFFICIAL COPY 25 RS HB 422/GA
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this section; 1
(b) Up-to-date contact information and subject areas for promulgating 2
administrative bodies; and 3
(c) A form or contact information for an administrative body to: 4
1. Request to be added to the website if not already included; and 5
2. Add or change its subject areas and contact persons published on the 6
website. 7
Section 11. KRS 13A.280 is amended to read as follows: 8
(1) Following the last day of the comment period, the administrative body shall give 9
consideration to all comments received at the public hearing and all written 10
comments received during the comment period, including: 11
(a) Any report filed by the Commission on Small Business Innovation and 12
Advocacy in accordance with KRS 11.202(1)(e) and 13A.270(4), or by a local 13
government in accordance with KRS 11.202(1)(e) and 13A.270(5); and 14
(b) Any comments regarding the administrative regulation's major economic 15
impact[, as defined in KRS 13A.010,] as submitted by agencies, local 16
governments, or regulated entities. 17
(2) (a) Except as provided in paragraph (b) of this subsection, the administrative 18
body shall file with the Commission on or before 12 noon, eastern time, on 19
the fifteenth day of the calendar month following the end of the public 20
comment period the statement of consideration relating to the administrative 21
regulation and, if applicable, the amended after comments version. 22
(b) If the administrative body has received a significant number of public 23
comments: 24
1. It may extend the time for filing the statement of consideration for an 25
ordinary administrative regulation and, if applicable, the amended after 26
comments version by notifying the regulations compiler in writing on or 27 UNOFFICIAL COPY 25 RS HB 422/GA
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before 12 noon, eastern time, on the fifteenth day of the calendar month 1
following the end of the public comment period; and 2
2. The administrative body shall file the statement of consideration for an 3
ordinary administrative regulation and, if applicable, the amended after 4
comments version, with the Commission on or before 12 noon, eastern 5
time, no later than the fifteenth day of the second calendar month 6
following the end of the public comment period. 7
(3) (a) If the administrative regulation is amended as a result of the hearing or written 8
comments received, the administrative body shall file[forward] the items 9
specified in this paragraph with[to] the regulations compiler by 12 noon, 10
eastern time, on the applicable deadline specified in subsection (2) of this 11
section: 12
1. The original and four (4)[five (5)] copies of the administrative 13
regulation indicating any amendments resulting from comments 14
received at the public hearing and during the comment period. The 15
amendments shall be indicated in: 16
a. The original wording for an ordinary administrative regulation;[ 17
or] 18
b. The original wording for an emergency administrative 19
regulation; or 20
c. The wording of an emergency administrative regulation as 21
amended, for an emergency administrative regulation that was 22
amended at a legislative committee meeting pursuant to KRS 23
13A.190(3); 24
2. The original and four (4)[five (5)] copies of the statement of 25
consideration as required by subsection (2) of this section, attached to 26
the back of the original and each copy of the administrative regulation; 27 UNOFFICIAL COPY 25 RS HB 422/GA
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and 1
3. The regulatory impact analysis, tiering statement, federal mandate 2
comparison if applicable, and[or] fiscal note[ on local government]. 3
These documents shall reflect changes resulting from amendments made 4
after the public hearing. 5
(b) 1. Each[The] original[ and four (4) copies of the] amended after comments 6
version, the statement of consideration, and the attachments required by 7
paragraph (a)3. of this subsection shall be single-sided and stapled in 8
the top left corner. 9
2. One (1) of the copies shall be single-sided and unstapled. 10
3. The other three (3) copies shall be stapled in the top left corner and 11
may be double-sided[The fifth copy shall not be stapled]. 12
(c) At the same time as, or prior to, filing the paper version, the administrative 13
body shall file an electronic version of the amended after comments version, 14
the statement of consideration, and the required attachments saved as a single 15
document for each amended after comments administrative regulation in an 16
electronic format approved by the regulations compiler. 17
(d) Within five (5) working days after filing an amended after comments 18
version, an administrative body shall: 19
1. Prominently display on its website: 20
a. A notice that an amended after comments version has been filed 21
with the Commission; 22
b. A summary of the amended after comments version including: 23
i. The number of the administrative regulation; 24
ii. The title of the administrative regulation; and 25
iii. A brief explanation of the changes made; and 26
c. Information on how to access the amended after comments 27 UNOFFICIAL COPY 25 RS HB 422/GA
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version on the Commission's website; and 1
2. Email the amended after comments version and statement of 2
consideration as filed, and all attachments required by paragraph (a)3. 3
of this subsection, to every person who has registered pursuant to 4
subsection (3)(a)2. of Section 10 of this Act and provided an email 5
address as part of the registration request. 6
(e) Material incorporated by reference that is amended after comments shall be 7
filed, and if applicable, displayed in the manner required by Section 6 of 8
this Act. 9
(4) (a) If the administrative regulation is not amended as a result of the public 10
hearing, or written comments received, the administrative body shall file the 11
original and four (4)[five (5)] copies of the statement of consideration with 12
the regulations compiler by 12 noon, eastern time, on the deadline established 13
in subsection (2) of this section. 14
1. Each original statement of consideration shall be single-sided and 15
stapled in the top left corner. 16
2. One (1) of the copies shall be single-sided and unstapled. 17
3. The other three (3) copies[The original and four (4) copies of the 18
statement of consideration] shall be stapled in the top left corner and 19
may be double-sided[. The fifth copy of each statement of consideration 20
shall not be stapled]. 21
(b) If the statement of consideration covers multiple administrative regulations 22
that were not amended as a result of the public hearing or written comments 23
received[, as authorized by subsection (6)(g)1. of this section], the 24
administrative body shall file with the regulations compiler: 25
1. The original and four (4)[five (5)] copies of the statement of 26
consideration as required by paragraph (a) of this subsection; and 27 UNOFFICIAL COPY 25 RS HB 422/GA
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2. Two (2) additional unstapled, single-sided copies of the statement of 1
consideration for each additional administrative regulation included in 2
the group of administrative regulations. 3
(c) At the same time as, or prior to, filing the paper version, the administrative 4
body shall file an electronic version of the statement of consideration saved as 5
a single document for each statement of consideration in an electronic format 6
approved by the regulations compiler. 7
(5) (a) If comments are received either at the public hearing or during the public 8
comment period, the administrative regulation shall be deferred to the next 9
regularly scheduled meeting of the subcommittee following the month in 10
which the statement of consideration is due. 11
(b) A filed administrative regulation that is deferred under this subsection due 12
to receipt of public comments may still be placed on the subcommittee's 13
agenda for informational review pursuant to subsection (3) or (4) of Section 14
18 of this Act. 15
(c) If a filed administrative regulation is placed on the agenda pursuant to 16
paragraph (b) of this subsection, the full review of the filed administrative 17
regulation shall still be deferred in accordance with this subsection. 18
(6) The format for the statement of consideration shall be as follows: 19
(a) The statement shall be typewritten on white paper, size eight and one-half (8-20
1/2) by eleven (11) inches. Copies of the statement may be mechanically 21
reproduced; 22
(b) The first page of the statement of consideration shall have a two (2) inch top 23
margin; 24
(c) The heading of the statement shall consist of the words "STATEMENT OF 25
CONSIDERATION RELATING TO" followed by the number of the 26
administrative regulation that was the subject of the public hearing and 27 UNOFFICIAL COPY 25 RS HB 422/GA
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comment period and the name of the promulgating administrative body. The 1
heading shall be centered. This shall be followed by the words "Not Amended 2
After Comments," "Emergency Not Amended After Comments," "Amended 3
After Comments," or "Emergency Amended After Comments," whichever is 4
applicable; 5
(d) If a hearing has been held or written comments received, the heading is to be 6
followed by: 7
1. A statement setting out the date, time and place of the hearing, if the 8
hearing was held; 9
2. A list of those persons who attended the hearing or who submitted 10
comments and the organization, agency, or other entity represented, if 11
applicable; and 12
3. The name and title of the representative of the promulgating 13
administrative body; 14
(e) 1. Following the general information, the promulgating administrative 15
body shall summarize the comments received at the public hearing and 16
during the comment period and the response of the promulgating 17
administrative body. Each subject commented upon shall be 18
summarized in a separate numbered paragraph. Each numbered 19
paragraph shall contain two (2) subsections: 20
a.[1.] Subsection (a) shall be labeled "Comment," shall identify the name 21
of the person, and the organization represented if applicable, who 22
made the comment, and shall contain a summary of the comment; 23
and 24
b.[2.] Subsection (b) shall be labeled "Response" and shall contain the 25
response to the comment by the promulgating administrative body. 26
2. If administrative regulations were considered as a group and a 27 UNOFFICIAL COPY 25 RS HB 422/GA
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comment relates to one (1) or more of the administrative regulations, 1
the summary of the comment and response shall specify each 2
administrative regulation to which it applies; 3
(f) 1. Following the summary of the[and] comments and responses, the 4
promulgating administrative body shall [: 5
1. ]summarize the statement of consideration and the action taken by the 6
administrative body as a result of comments received at the public 7
hearing and during the comment period.[; and ] 8
2. If administrative regulations were considered as a group, a separate 9
summary and action taken shall be provided for each administrative 10
regulation[If amended after the comment period, list the changes made 11
to the administrative regulation in the format prescribed by KRS 12
13A.320(2)(c) and (d)]; and 13
(g)[ 1. If administrative regulations were considered as a group at a public 14
hearing, one (1) statement of consideration may include the group of 15
administrative regulations. If a comment relates to one (1) or more of 16
the administrative regulations in the group, the summary of the 17
comment and response shall specify each administrative regulation to 18
which it applies. 19
2.] Emergency administrative regulations shall be in a separate statement of 20
consideration from ordinary administrative regulations. 21
(7) If the administrative regulation is amended pursuant to subsection (3) of this 22
section, the full text of the administrative regulation shall be published in the 23
Administrative Register. The changes made to the administrative regulation shall be 24
typed in bold and made in the format prescribed by KRS 13A.222(2). The 25
administrative regulation shall be reviewed by the Administrative Regulation 26
Review Subcommittee after such publication. 27 UNOFFICIAL COPY 25 RS HB 422/GA
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(8) If requested, copies of the statement of consideration and, if applicable, the 1
amended after comments version of the administrative regulation shall be made 2
available by the promulgating administrative body to persons attending the hearing 3
or submitting comments or who specifically request a copy from the administrative 4
body. 5
Section 12. KRS 13A.290 is amended to read as follows: 6
(1) (a) Except as provided by KRS 158.6471 and 158.6472, the Administrative 7
Regulation Review Subcommittee shall meet monthly to review 8
administrative regulations prior to close of business on the fifteenth day of the 9
calendar month. 10
(b) The agenda shall: 11
1. Include each administrative regulation that completed the public 12
comment process; 13
2. Include each administrative regulation for which a statement of 14
consideration was received on or before 12 noon, eastern time, on the 15
fifteenth day of the prior calendar month; 16
3. Include each effective administrative regulation or administrative 17
regulation filed with the Commission that the subcommittee has 18
decided to review pursuant to subsection (3) of Section 18 of this Act; 19
4. Include each administrative regulation required to be on the agenda 20
pursuant to subsection (4) of Section 18 of this Act; 21
5. Include each administrative regulation that was deferred from the prior 22
month's meeting of the subcommittee; and 23
6.[5.] Not include an administrative regulation that is deferred, withdrawn, 24
expired, or automatically taken off the agenda under the provisions of 25
this chapter, unless it is being reviewed pursuant to subsection (3) or 26
(4) of Section 18 of this Act. 27 UNOFFICIAL COPY 25 RS HB 422/GA
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(c) Review of an administrative regulation shall include the entire administrative 1
regulation and all attachments filed with the administrative regulation. The 2
review of amendments to existing administrative regulations shall not be 3
limited to only the changes proposed by the promulgating administrative 4
body. 5
(2) The meetings shall be open to the public. 6
(3) Public notice of the time, date, and place of the Administrative Regulation Review 7
Subcommittee meeting shall be given in the Administrative Register. 8
(4) (a) A representative of the administrative body for an administrative regulation 9
on the agenda[under consideration] shall be present to explain the 10
administrative regulation and to answer questions thereon. 11
(b) If a representative of an[the] administrative body with authority to amend, 12
defer, and answer questions about a filed ordinary or emergency 13
administrative regulation that is on the agenda for full review fails to appear 14
before[is not present at the subcommittee meeting, the administrative 15
regulation shall be deferred to the next regularly scheduled meeting of] the 16
subcommittee, the subcommittee may: 17
1. Defer the administrative regulation to the next regularly scheduled 18
meeting of the subcommittee; and 19
2. Make a determination pursuant to subsections (2), (3), and (4) of 20
Section 18 of this Act or subsection (3) of Section 3 of this Act. 21
(c) If a representative of an administrative body with authority to defer and 22
answer questions about an[for an effective] administrative regulation that 23
was placed on the agenda for informational review pursuant to subsection 24
(3) or (4) of Section 18 of this Act fails to appear before the subcommittee, 25
the subcommittee may: 26
1. Defer the informational review of the administrative regulation to the 27 UNOFFICIAL COPY 25 RS HB 422/GA
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next regularly scheduled meeting of the subcommittee; and[or] 1
2. Make a determination pursuant to KRS 13A.030(2), (3), and (4), or KRS 2
13A.190(3). 3
(5) Following the meeting and before the next regularly scheduled meeting of the 4
Commission, the Administrative Regulation Review Subcommittee shall forward to 5
the Commission its findings, recommendations, or other comments it deems 6
appropriate in writing.[ The Administrative Regulation Review Subcommittee shall 7
also forward to the Commission its findings, recommendations, or other comments 8
it deems appropriate on an effective administrative regulation it has reviewed.] The 9
Administrative Regulation Review Subcommittee's findings shall be published in 10
the Administrative Register. 11
(6) (a) After review by the Administrative Regulation Review Subcommittee, the 12
Commission shall, on the first Wednesday of the following month, or if the 13
first Wednesday is a legal holiday, the next workday of the month:[,] 14
1. Assign a filed administrative regulation to a legislative committee with 15
subject matter jurisdiction if the administrative regulation was on the 16
agenda for full review pursuant to subsection (1)(b)1., 2., or 5. of this 17
section; and 18
2. Not assign a filed administrative regulation to a legislative committee 19
with subject matter jurisdiction if the administrative regulation was 20
solely on the agenda for informational review pursuant to subsection 21
(3) or (4) of Section 18 of this Act. 22
(b) Upon notification of the assignment by the Commission, the legislative 23
committee to which the administrative regulation is assigned shall notify the 24
regulations compiler: 25
1. Of the date, time, and place of the meeting at which it will consider the 26
administrative regulation; or 27 UNOFFICIAL COPY 25 RS HB 422/GA
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2. That it will not meet to consider the administrative regulation. 1
(7) (a) Within ninety (90) days of the assignment, the legislative committee may hold 2
a public meeting during which the administrative regulation shall be 3
reviewed. 4
(b) If the ninetieth day of the assignment falls on a Saturday, Sunday, or holiday, 5
the deadline for review shall be the workday following the Saturday, Sunday, 6
or holiday. 7
(c) 1. If the administrative regulation is assigned to an interim joint committee 8
and a session of the General Assembly begins during the review period, 9
the assignment shall transfer to the Senate and House standing 10
committees with subject matter jurisdiction. 11
2. If the administrative regulation is assigned to Senate and House standing 12
committees and a session of the General Assembly adjourns sine die 13
during the review period, the assignment shall transfer to the interim 14
joint committee with subject matter jurisdiction. 15
3. An administrative regulation may be transferred more than one (1) time 16
under this paragraph. A transfer shall not extend the review period 17
established by this subsection. 18
(d) Notice of the time, date, and place of the meeting shall be placed in the 19
legislative calendar. 20
(8) Except as provided in subsection (9) of this section, a legislative committee shall be 21
empowered to make the same determinations and to exercise the same authority as 22
the Administrative Regulation Review Subcommittee, including all powers and 23
restrictions relating to informational reviews conducted under subsection (3) or 24
(4) of Section 18 of this Act. 25
(9) (a) This subsection shall apply to ordinary and emergency administrative 26
regulations filed with the Commission and reviewed pursuant to subsection 27 UNOFFICIAL COPY 25 RS HB 422/GA
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(7) of this section. 1
(b) A majority of the entire membership of the legislative committee shall 2
constitute a quorum for purposes of reviewing administrative regulations. 3
(c) In order to amend an administrative regulation pursuant to KRS 13A.320, 4
defer an administrative regulation pursuant to KRS 13A.300, or find an 5
administrative regulation deficient pursuant to KRS 13A.030(2), (3), or (4) or 6
13A.190(3), the motion to amend, defer, or find deficient shall be approved by 7
a majority of the entire membership of the legislative committee. 8
Additionally, during a session of the General Assembly, standing committees 9
of the Senate and House of Representatives shall agree in order to amend an 10
administrative regulation, defer an administrative regulation, or find an 11
administrative regulation deficient by: 12
1. Meeting separately; or 13
2. Meeting jointly. If the standing committees meet jointly, it shall require 14
a majority vote of Senate members voting and a majority of House 15
members voting, as well as the majority vote of the entire membership 16
of the standing committees meeting jointly, in order to take action on the 17
administrative regulation. 18
(10) (a) The quorum requirements of subsection (9)(b) of this section shall apply to an 19
effective or filed administrative regulation that is under informational review 20
by a legislative committee pursuant to subsection (3) or (4) of Section 18 of 21
this Act and subsection (8) of this section. 22
(b) A motion to defer the informational review of an[find an effective] 23
administrative regulation or find the administrative regulation deficient shall 24
be approved by: 25
1. A majority of the entire membership of the Administrative Regulation 26
Review Subcommittee; or 27 UNOFFICIAL COPY 25 RS HB 422/GA
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2. A legislative committee in accordance with subsection (9)(c) of this 1
section. 2
(11) (a) Upon adjournment of the meeting at which a legislative committee has 3
considered an administrative regulation pursuant to subsection (7) or (10) of 4
this section, the legislative committee shall inform the regulations compiler of 5
its findings, recommendations, or other action taken on the administrative 6
regulation. 7
(b) Following the meeting and before the next regularly scheduled meeting of the 8
Commission, the legislative committee shall forward to the Commission its 9
findings, recommendations, or other comments it deems appropriate in 10
writing. The legislative committee's findings shall be published in the 11
Administrative Register. 12
Section 13. KRS 13A.300 is amended to read as follows: 13
(1) The administrative body that promulgated an administrative regulation may request 14
that consideration of the administrative regulation be deferred by a legislative 15
committee. 16
(2) The deferral of an administrative regulation scheduled for full review by the 17
Administrative Regulation Review Subcommittee pursuant to subsection (1)(b)1., 18
2., or 5. of Section 12 of this Act shall be governed by KRS 13A.020(4) and the 19
following: 20
(a) A request for deferral of an ordinary administrative regulation filed with the 21
Commission shall be automatically granted if: 22
1. The administrative body submits a written letter to the regulations 23
compiler; and 24
2. The letter is received by 12 noon, eastern time, at least five (5) 25
calendar days prior to the subcommittee meeting; 26
(b) A request for deferral of an[ effective administrative regulation or an] 27 UNOFFICIAL COPY 25 RS HB 422/GA
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emergency administrative regulation may be granted if: 1
1. The administrative body submits a written letter to the regulations 2
compiler; 3
2. The letter is received prior to the subcommittee meeting; and 4
3. Approved by the co-chairs of the Administrative Regulation Review 5
Subcommittee; 6
(c) A request for deferral may be granted at the discretion of the subcommittee if 7
the request is made by the administrative body orally at a meeting of the 8
subcommittee; 9
(d) The subcommittee may request that consideration of an administrative 10
regulation be deferred by the promulgating administrative body. Upon receipt 11
of the request, the promulgating administrative body may agree to defer 12
consideration of the administrative regulation; 13
(e) Except as provided in paragraph (g)[(f)] of this subsection, an administrative 14
regulation that has been deferred for full review shall be placed on the agenda 15
of the next scheduled meeting of the subcommittee. [If it is an administrative 16
regulation filed with the Commission, ]The subcommittee shall consider the 17
administrative regulation as if it had met all other requirements of filing. 18
Repromulgation shall not be required in those cases;[ and] 19
(f) 1. A filed administrative regulation deferred under this subsection may 20
still be placed on the agenda pursuant to subsection (3) or (4) of 21
Section 18 of this Act for informational review. 22
2. If a filed administrative regulation is placed on the agenda pursuant to 23
subparagraph 1. of this paragraph, the full review of the filed 24
administrative regulation shall still be deferred in accordance with this 25
subsection; and 26
(g) An administrative regulation shall not be deferred under this subsection more 27 UNOFFICIAL COPY 25 RS HB 422/GA
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than twelve (12) times. 1
(3)[ (a)] The deferral of an informational review for an[a filed ordinary] 2
administrative regulation scheduled by the Administrative Regulation Review 3
Subcommittee pursuant to subsection (1)(b)3. or 4. of Section 12 of this 4
Act[referred to a second legislative committee or committees pursuant to KRS 5
13A.290(6) and (7)] shall be governed by KRS 13A.020(4) and the following:[this 6
subsection and the voting requirements of KRS 13A.290(9).] 7
(a)[(b) 1.] A request to defer an informational review for an administrative 8
regulation that was placed on the subcommittee's agenda may be[for 9
deferral shall be automatically] granted if: 10
1.[a.] The administrative body submits a written letter to the regulations 11
compiler;[ and] 12
2.[b.] The letter is received prior to the subcommittee[legislative committee] 13
meeting; and 14
3. Approved by the co-chairs of the Administrative Regulation Review 15
Subcommittee; 16
(b)[2.] A request for deferral may be granted at the discretion of the 17
subcommittee[second legislative committee] if the request is made by the 18
administrative body orally at a meeting of the subcommittee[legislative 19
committee]; and[ 20
3. The legislative committee may request that consideration of an 21
administrative regulation be deferred by the promulgating administrative 22
body. Upon receipt of the request, the promulgating administrative body 23
may agree to defer consideration of the administrative regulation.] 24
(c)[ 1.] An informational review for an administrative regulation that is 25
deferred may be placed on the[a subsequent] agenda of the next scheduled 26
meeting of the subcommittee[legislative committee or committees within the 27 UNOFFICIAL COPY 25 RS HB 422/GA
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review period. 1
2. If a filed ordinary administrative regulation that has been deferred is not 2
placed on a subsequent agenda within the review period, the 3
administrative regulation shall take effect at the expiration of the review 4
period]. 5
(4) (a) The deferral of a filed ordinary or emergency[an effective] administrative 6
regulation assigned to a second[or an emergency administrative regulation 7
under review by a] legislative committee or committees for full review 8
pursuant to subsections (6) and (7) of Section 12 of this Act shall be 9
governed by this subsection and the voting requirements of KRS 13A.290(9). 10
(b) A request for deferral may be granted if: 11
1. The administrative body submits a written letter to the regulations 12
compiler; 13
2. The letter is received: 14
a. Prior to the legislative committee meeting for an emergency 15
administrative regulation; or 16
b. By 12 noon, eastern time, at least five (5) calendar days prior to 17
the legislative committee meeting for an ordinary administrative 18
regulation; and 19
3. Approved by the presiding chair or chairs. 20
(c) A request for deferral may be granted at the discretion of the second 21
legislative committee if the request is made by the administrative body orally 22
at a meeting of the legislative committee. 23
(d) 1. At a meeting of a legislative committee, the legislative committee may 24
request that consideration of an administrative regulation be deferred by 25
the administrative body. Upon receipt of the request, the administrative 26
body may agree to defer consideration of the administrative regulation. 27 UNOFFICIAL COPY 25 RS HB 422/GA
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2.[(e)] An administrative regulation that is deferred for full review may 1
be placed on a subsequent agenda of the legislative committee or 2
committees within the review period. 3
3. Except as provided by subparagraph 4. of this paragraph, if a filed 4
ordinary administrative regulation that has been deferred for full 5
review is not placed on a subsequent agenda within the review period, 6
the administrative regulation shall take effect at the expiration of the 7
review period. 8
4. a. If requested by the administrative body, an administrative 9
regulation may be deferred beyond the review period for an 10
additional ninety (90) days if the deferral is requested and 11
approved as established by paragraphs (b) and (c) of this 12
subsection. 13
b. If a filed ordinary administrative regulation that has been 14
deferred is not placed on a subsequent agenda within the 15
additional ninety (90) days, the administrative regulation shall 16
take effect at the expiration of the additional ninety (90) days. 17
(e) 1. A filed administrative regulation deferred under this subsection may 18
still be placed on the agenda for informational review pursuant to 19
subsection (3) or (4) of Section 18 of this Act and subsection (8) of 20
Section 12 of this Act. 21
2. If a filed administrative regulation is placed on the agenda pursuant to 22
subparagraph 1. of this paragraph, the full review of the filed 23
administrative regulation may be scheduled by the legislative 24
committee at a subsequent meeting during the ninety (90) day review 25
period. 26
(5) (a) The deferral of an informational review for an administrative regulation 27 UNOFFICIAL COPY 25 RS HB 422/GA
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scheduled by a second legislative committee pursuant to subsection (3) or 1
(4) of Section 18 of this Act and subsection (8) of Section 12 of this Act 2
shall be governed by this subsection and the voting requirements of 3
subsection (9) of Section 12 of this Act. 4
(b) A request to defer an informational review for an administrative regulation 5
that was placed on the legislative committee's agenda may be granted if: 6
1. The administrative body submits a written letter to the regulations 7
compiler; 8
2. The letter is received prior to the legislative committee meeting; and 9
3. Approved by the presiding chair or chairs. 10
(c) A request for deferral of an informational review for an administrative 11
regulation may be granted at the discretion of the legislative committee if 12
the request is made by the administrative body orally at a meeting of the 13
legislative committee. 14
(d) An informational review for an administrative regulation that is deferred 15
may be placed on a subsequent agenda of the legislative committee. 16
(6) Except as provided by KRS 13A.290(4), if a representative of an administrative 17
body with authority to amend, defer, and answer questions about a filed ordinary 18
or emergency[whose] administrative regulation that is on the agenda[is scheduled] 19
for full review fails to appear before a legislative committee, the legislative 20
committee in conformance with KRS 13A.290(9) may: 21
(a) Defer the administrative regulation to a subsequent[the next regularly 22
scheduled] meeting of the legislative committee within the review period; 23
and[or] 24
(b) Make a determination pursuant to KRS 13A.030(2), (3), and (4) or 25
13A.190(3). 26
(7) If a representative of an administrative body with authority to defer and answer 27 UNOFFICIAL COPY 25 RS HB 422/GA
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questions about an administrative regulation that was placed on the agenda for 1
informational review pursuant to subsection (3) or (4) of Section 18 of this Act 2
and subsection (8) of Section 12 of this Act fails to appear before the legislative 3
committee, the legislative committee in conformance with subsection (9) of 4
Section 12 of this Act may: 5
(a) Defer the informational review for the administrative regulation to a 6
subsequent meeting of the legislative committee; and 7
(b) Make a determination pursuant to subsections (2), (3), and (4) of Section 18 8
of this Act or subsection (3) of Section 3 of this Act. 9
(8) An administrative regulation found deficient by a legislative committee may be 10
deferred in accordance with KRS 13A.020(4), Section 12 of this Act, and this 11
section. 12
Section 14. KRS 13A.312 is amended to read as follows: 13
(1) If authority over a subject matter is transferred to another administrative body or if 14
the name of an administrative body is changed by statute or by executive order 15
during the interim between regular sessions of the General Assembly, the 16
administrative regulations of that administrative body in effect on the effective date 17
of the statutory change or the executive order shall remain in effect as they exist 18
until the administrative body that has been granted authority over the subject matter 19
amends or repeals the administrative regulations pursuant to KRS Chapter 13A. 20
(2) After receipt of a written request, submitted pursuant to subsection (3) of this 21
section, to make changes to an administrative regulation pursuant to the statutory 22
change or executive order, the regulations compiler shall alter the administrative 23
regulations referenced in subsection (1) of this section to: 24
(a) Change the name of the administrative body pursuant to the provisions of the 25
statute or executive order; and 26
(b) Make any other technical changes necessary to carry out the provisions of the 27 UNOFFICIAL COPY 25 RS HB 422/GA
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statute or executive order if the changes do not affect the scope or substance 1
of the administrative regulation. 2
(3) (a) The administrative body that has been granted statutory authority over the 3
subject matter shall provide to the regulations compiler in writing and in an 4
electronic format approved by the regulations compiler: 5
1.[(a)] A listing of the administrative regulations that require any 6
changes; and 7
2.[(b)] The specific names, terms, or other information to be changed, 8
marked in the complete text of the existing administrative regulation 9
in the format prescribed by KRS 13A.222(2). 10
(b) If there are differences between the paper copy and the electronic version, 11
the electronic version shall be the controlling version[with those changes 12
properly referenced]. 13
(4) The administrative body that has been granted statutory authority over the subject 14
matter shall submit new forms to replace forms previously incorporated by 15
reference in an administrative regulation if the only changes on the form are the 16
name and mailing address of the administrative body. If there are additional 17
changes to a form incorporated by reference, the administrative body shall 18
promulgate an amendment to the existing administrative regulation and make the 19
changes to the material incorporated by reference in accordance with KRS 20
13A.2255. 21
(5) If an administrative body is abolished by statute or executive order and the 22
authority over its subject matter is not transferred to another administrative body, 23
the Governor, or the secretary of the cabinet to which the administrative body was 24
attached, shall promulgate an administrative regulation to repeal the existing 25
administrative regulations that were promulgated by the abolished administrative 26
body. The repeal shall be accomplished as provided by KRS 13A.310. 27 UNOFFICIAL COPY 25 RS HB 422/GA
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(6) If an executive order transfers authority over a subject matter to another 1
administrative body or changes the name of an administrative body during the 2
interim between regular sessions of the General Assembly, and the General 3
Assembly does not codify or confirm the executive order during the next regular 4
session, any and all administrative regulations promulgated to implement the 5
unconfirmed executive order shall be returned to their previous form by the 6
administrative body using the promulgation procedures established by KRS Chapter 7
13A, including but not limited to: 8
(a) Withdrawal of a proposed administrative regulation; 9
(b) Amendment or repeal of an existing administrative regulation; 10
(c) Promulgation of a new administrative regulation; or 11
(d) Submission of technical changes in the manner established by subsections (3) 12
and (4) of this section. 13
Section 15. KRS 13A.315 is amended to read as follows: 14
(1) An administrative regulation shall expire and shall not be reviewed by a legislative 15
committee if: 16
(a) It has not been reviewed or approved by the official or administrative body 17
with authority to review or approve; 18
(b) The statement of consideration and, if applicable, the amended after 19
comments version are not filed on or before a deadline specified by this 20
chapter; 21
(c) The administrative body has failed to comply with the provisions of this 22
chapter governing the filing of administrative regulations, the public hearing 23
and public comment period, or the statement of consideration; or 24
(d) The administrative regulation is deferred pursuant to KRS 13A.300(2) more 25
than twelve (12) times. 26
(2) (a) An administrative regulation that has been found deficient by a legislative 27 UNOFFICIAL COPY 25 RS HB 422/GA
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committee shall be withdrawn immediately if, pursuant to KRS 13A.330, the 1
Governor has determined that it shall be withdrawn. 2
(b) The Governor shall notify the regulations compiler in writing[ and by 3
telephone] that he or she has determined that the administrative regulation 4
found deficient shall be withdrawn. 5
(c) The written withdrawal of an administrative regulation governed by the 6
provisions of this subsection shall be made in a letter to the regulations 7
compiler in the following format: "Pursuant to KRS 13A.330, I have 8
determined that (administrative regulation number and title) shall be 9
(withdrawn, or withdrawn and amended to conform to the finding of 10
deficiency, as applicable). The administrative regulation, (administrative 11
regulation number and title), is hereby withdrawn." 12
(d) An administrative regulation governed by the provisions of this subsection 13
shall be considered withdrawn upon receipt by the regulations compiler of the 14
written withdrawal. 15
Section 16. KRS 13A.320 is amended to read as follows: 16
(1) (a) An administrative body may amend a filed ordinary or emergency[an] 17
administrative regulation at a legislative committee meeting with the consent 18
of the legislative committee. A legislative committee may amend a filed 19
ordinary or emergency[an] administrative regulation at a legislative 20
committee meeting with the consent of the administrative body. 21
(b) An administrative regulation shall not be amended at a public meeting of a 22
legislative committee unless the amendment concerns an issue that was 23
related to the administrative regulation filed with the Legislative Research 24
Commission and was: 25
1. Considered at the public hearing; 26
2. Raised pursuant to a comment received by the administrative body at the 27 UNOFFICIAL COPY 25 RS HB 422/GA
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public hearing or during the public comment period pursuant to KRS 1
13A.280(1); or 2
3. Raised during the legislative committee meeting. 3
(c) Nothing in this chapter shall be construed to require the administrative 4
regulation's resubmission or refiling or other action. The administrative 5
regulation may be adopted as amended. 6
(d) Following approval of an amendment to an administrative regulation at a 7
legislative committee meeting, the administrative regulation as amended shall 8
be published in the Administrative Register, unless all amendments to the 9
administrative regulation that were made at the meeting of the legislative 10
committee: 11
1. Relate only to the formatting and drafting requirements of KRS 12
13A.220(5) and 13A.222(4)(b), (c), (i), (j), and (l); and 13
2. Do not alter the intent, meaning, conditions, standards, or other 14
requirements of the administrative regulation. 15
(e) If the amendments to an administrative regulation made at a meeting of a 16
legislative committee meet the exception requirements of paragraph (d) of this 17
subsection, the regulations compiler shall publish a notice in the 18
Administrative Register that the administrative regulation was amended at a 19
legislative committee meeting only to comply with the formatting and drafting 20
requirements of this chapter. 21
(2) If[When] an administrative body intends to amend an administrative regulation at a 22
meeting of a legislative committee, the following requirements shall be met: 23
(a) An amendment[Amendments] offered by the administrative body prior to a 24
legislative committee meeting shall be approved by the head of the 25
administrative body;[.] 26
(b) The amendment[Amendments] shall be contained in a letter to the legislative 27 UNOFFICIAL COPY 25 RS HB 422/GA
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committee. The letter shall: 1
1. Identify the administrative body; 2
2. State the number and title of the administrative regulation; 3
3. Be dated; and 4
4. Be filed with the regulations compiler; and[ at least three (3) workdays 5
prior to the meeting of the legislative committee if the amendments are 6
initiated by the administrative body; and 7
5. Comply with the format requirements in paragraphs (c) and (d) of this 8
subsection if the amendments are initiated by the administrative body.] 9
(c) The amendment shall be made in one (1) of the following formats: 10
1. a. On separate lines, the amendment shall be identified by the 11
number of the: 12
i.[1.] Page; 13
ii.[2.] Section, subsection, paragraph, subparagraph, clause, or 14
subclause, as appropriate; and 15
iii.[3.] Line. 16
b.[(d) 1.] If a word or phrase, whether or not underlined, is to be 17
deleted, the amendment shall identify the word or phrase to be 18
deleted and state that it is to be deleted. If a word or phrase is to be 19
replaced by another word or phrase, the amendment shall specify 20
the word or phrase that is to be deleted and shall specify the word 21
or phrase that is to be inserted in lieu thereof. 22
c.[2.] If new language is to be inserted, the amendment shall state that it 23
is to be inserted, and the new language shall be underlined. 24
d.[3.] If the amendment consists of no more than four (4) words, the 25
words shall be placed between quotation marks. If the amendment 26
consists of more than four (4) words, the amendment shall be 27 UNOFFICIAL COPY 25 RS HB 422/GA
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indented and not placed between quotation marks. 1
e.[4.] If a section, subsection, paragraph, subparagraph, clause, or 2
subclause is to be deleted in its entirety, the amendment shall 3
identify it and state that it is deleted in its entirety, whether or not 4
it contains underlined or bracketed language[. 5
(3) If an amendment is drafted by legislative committee staff on behalf of a legislative 6
committee, the amendment shall be made: 7
(a) In the format required by subsection (2)(c) and (d) of this section]; or 8
2. a.[(b)] By substituting the complete text of the administrative 9
regulation, with the proposed changes made to the administrative 10
regulation typed in bold, italicized, and in the format prescribed by 11
KRS 13A.222(2). 12
b. i. If the amendment is initiated by the administrative body, 13
the administrative body shall submit at the same time as, or 14
prior to, filing the paper version, an electronic version of 15
the amendment in a format approved by the regulations 16
compiler. 17
ii. If there are differences between the paper copy and the 18
electronic version of the amendment, the electronic version 19
shall be the controlling version. 20
(3) If the amendment is initiated by the administrative body, the amendment shall be: 21
(a) Filed at least three (3) working days prior to the meeting of the legislative 22
committee; 23
(b) Filed with an updated fiscal note as established by subsection (4) of Section 24
8 of this Act; 25
(c) Filed with a summary of the amendment and an explanation of its intent; 26
and 27 UNOFFICIAL COPY 25 RS HB 422/GA
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(d) Emailed as soon as practicable to every person who has registered pursuant 1
to subsection (3)(a)2. of Section 10 of this Act and provided an email 2
address as part of the registration request. 3
(4) An amendment to an administrative regulation may be made orally at a legislative 4
committee meeting if the requirements of subsection (1)(a) of this section are met. 5
(5) Except for an amendment made orally pursuant to subsection (4) of this section: 6
(a) For a meeting of the Administrative Regulation Review Subcommittee, an 7
administrative body shall submit fifteen (15)[twenty (20)] copies of an 8
amendment to an administrative regulation to the regulations compiler prior to 9
the Administrative Regulation Review Subcommittee meeting at which the 10
amendment will be considered and, if applicable, in accordance with the 11
deadline established in subsection (3)(a)[(2)(b)4.] of this section; or 12
(b) For a meeting of a legislative committee other than the Administrative 13
Regulation Review Subcommittee, an administrative body shall contact the 14
regulations compiler prior to the legislative committee meeting at which the 15
amendment will be considered to find out the number of copies needed for 16
that specific legislative committee. The original amendment and the specified 17
number of copies shall be submitted to the regulations compiler prior to the 18
legislative committee meeting at which the amendment will be considered 19
and, if applicable, in accordance with the deadline established in subsection 20
(3)(a)[(2)(b)4.] of this section. 21
Section 17. KRS 13A.335 is amended to read as follows: 22
(1) (a) A filed administrative regulation found deficient by a legislative committee 23
shall not be considered deficient if: 24
1. A subsequent amendment of that administrative regulation is filed with 25
the Commission by the administrative body; 26
2. The legislative committee that found the administrative regulation 27 UNOFFICIAL COPY 25 RS HB 422/GA
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deficient approves a motion that the subsequent amendment corrects the 1
deficiency; and 2
3. Any legislative committee that reviews the administrative regulation 3
under the provisions of KRS Chapter 13A finds that the administrative 4
regulation is not deficient. 5
(b) A filed administrative regulation found deficient by the Administrative 6
Regulation Review Subcommittee shall not be considered deficient if: 7
1. The administrative regulation is amended to correct the deficiency at a 8
meeting of a[the] legislative committee[ to which it was assigned by the 9
Commission]; 10
2. A[That] legislative committee does not determine that the administrative 11
regulation is deficient for any other reason; and 12
3. The Administrative Regulation Review Subcommittee approves a 13
motion that the deficiency has been corrected and that the administrative 14
regulation should not be considered deficient. 15
(c) A filed administrative regulation found deficient by a legislative committee[ 16
with subject matter jurisdiction] shall not be considered deficient if the 17
legislative committee: 18
1. Reconsiders the administrative regulation and its finding of deficiency; 19
and 20
2. Approves a motion that the administrative regulation is not deficient. 21
(d) If an amendment to an effective administrative regulation is going through the 22
KRS Chapter 13A promulgation process and is found deficient by a 23
legislative committee, the administrative regulation shall not be considered 24
deficient if the: 25
1. Administrative regulation was found deficient due to the amendment; 26
2. Promulgating administrative body has withdrawn the proposed 27 UNOFFICIAL COPY 25 RS HB 422/GA
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amendment of the existing administrative regulation; and 1
3. Regulations compiler has not received the Governor's determination 2
pursuant to KRS 13A.330. 3
(2) If an effective administrative regulation is found deficient by a legislative 4
committee, the administrative regulation shall not be considered deficient if the 5
legislative committee: 6
(a) Reconsiders the administrative regulation and its finding of deficiency; and 7
(b) Approves a motion that the administrative regulation is not deficient. 8
(3) (a) If an administrative regulation has been found deficient by a legislative 9
committee, the regulations compiler shall add the following notice to the 10
administrative regulation: "This administrative regulation was found deficient 11
by the [name of legislative committee] on [date]." This notice shall be the last 12
section of the administrative regulation. 13
(b) If an administrative regulation has been found deficient by a legislative 14
committee, subsequent amendments of that administrative regulation filed 15
with the Commission shall contain the notice provided in paragraph (a) of this 16
subsection. 17
(c) If an administrative regulation that has been found deficient by a legislative 18
committee has subsequently been determined not to be deficient under the 19
provisions of this section, the regulations compiler shall delete the notice 20
required by paragraph (a) of this subsection. 21
Section 18. KRS 13A.030 is amended to read as follows: 22
(1) The Administrative Regulation Review Subcommittee shall: 23
(a) Conduct a continuous study as to whether additional legislation or changes in 24
legislation are needed based on various factors, including[,] but not limited to, 25
review of new, emergency, and existing administrative regulations, the lack of 26
administrative regulations, and the needs of administrative bodies; 27 UNOFFICIAL COPY 25 RS HB 422/GA
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(b) Except as provided by KRS 158.6471 and 158.6472, review and comment 1
upon effective administrative regulations pursuant to subsections (2), (3), and 2
(4) of this section or administrative regulations filed with the Commission; 3
(c) Make recommendations for changes in statutes, new statutes, repeal of 4
statutes affecting administrative regulations or the ability of administrative 5
bodies to promulgate them; and 6
(d) Conduct such other studies relating to administrative regulations as may be 7
assigned by the Commission. 8
(2) The subcommittee may make a determination: 9
(a) That an effective administrative regulation or an administrative regulation 10
filed with the Commission is deficient because it: 11
1. Is wrongfully promulgated; 12
2. Appears to be in conflict with an existing statute; 13
3. Appears to have no statutory authority for its promulgation; 14
4. Appears to impose stricter or more burdensome state requirements than 15
required by the federal mandate, without reasonable justification; 16
5. Fails to use tiering when tiering is applicable; 17
6. Is in excess of the administrative body's authority; 18
7. Appears to impose an unreasonable burden on government or small 19
business, or both; 20
8. Is filed as an emergency administrative regulation without adequate 21
justification of the emergency nature of the situation as described in 22
KRS 13A.190(1); 23
9. Has not been noticed in conformance with the requirements of KRS 24
13A.270(3); 25
10. Does not provide an adequate cost analysis pursuant to KRS 13A.250;[ 26
or] 27 UNOFFICIAL COPY 25 RS HB 422/GA
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11. Was the subject of the subcommittee's instruction to an administrative 1
body to appear under subsection (4) of this section and the 2
administrative body failed to: 3
a. Appear; 4
b. Make a good-faith effort to answer subcommittee questions; or 5
c. Provide any information or data required by the subcommittee; 6
or 7
12. Appears to be deficient in any other manner; 8
(b) That an administrative regulation is needed to implement an existing statute; 9
or 10
(c) That an administrative regulation should be amended or repealed. 11
(3) The subcommittee may conduct an informational review of an effective 12
administrative regulation or an administrative regulation filed with the 13
Commission if requested by a member of the subcommittee. 14
(4) (a) The subcommittee may require any administrative body to appear before it to 15
answer questions or submit data and information as required by the 16
subcommittee in the performance of its duties under this chapter, and no 17
administrative body shall fail to: 18
1. Appear before the subcommittee; 19
2. Make a good-faith effort to answer subcommittee questions; 20
3. Provide any[the] information or data required by the subcommittee; or 21
4. Perform any combination of subparagraphs 1., 2., and 3. of this 22
paragraph required by the subcommittee. 23
(b) Either co-chair of the subcommittee may require action by an 24
administrative body under paragraph (a) of this subsection on behalf of the 25
subcommittee. 26
(5) At least five (5) calendar days before an informational review of an ordinary 27 UNOFFICIAL COPY 25 RS HB 422/GA
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administrative regulation, the subcommittee shall notify the affected 1
administrative body. 2