AN ACT relating to fiscal statements.

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AN ACT relating to fiscal statements. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 6 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) As used in this section, "fiscal note" means the Commonwealth of Kentucky state 5
fiscal note statement, which estimates the effect on expenditures and revenues of 6
state government in impl ementing or complying with any proposed act of the 7
General Assembly filed during a regular or special session. 8
(2) A fiscal note shall be filed with the clerk in the chamber of the General Assembly 9
in which the bill or resolution was introduced and attache d to each copy of the 10
bill or resolution. A bill or resolution shall not be voted on by either chamber of 11
the General Assembly unless a fiscal note has been prepared and attached to the 12
bill or resolution. 13
(3) The director of the Legislative Research Commission shall: 14
(a) Create a standardized form and instructions for use in preparing fiscal 15
notes; 16
(b) Have the fiscal notes prepared by the Legislative Research Commission; 17
and 18
(c) Make the fiscal notes available to the public. 19
(4) A fiscal note shall contain the following information: 20
(a) Identifying information for the bill or resolution, including its number, title, 21
and sponsor; 22
(b) A brief summary of the bill or resolution; 23
(c) 1. A statement of whether the bill or resolution creates a fiscal impact; 24
and 25
2. If a fiscal impact is created: 26
a. An estimate of the expenditures and revenues that are impacted 27
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beginning with the initial year that a fiscal impact exists; and 1
b. i. An explanation of the bill or resolution's fiscal impact; or 2
ii. The reason for the omission of the fiscal impact, if one 3
cannot be estimated; 4
(d) A reference to the sources used for the data and information included in the 5
fiscal note; and 6
(e) The date the fiscal note was finalized. 7
Section 2. KRS 6.950 is amended to read as follows: 8
As used in KRS 6.955 to 6.975, unless the context otherwise requires: 9
(1) "Local government mandate statement [Fiscal note]" means a realistic stat ement of 10
the estimated effect on expenditures or revenue of local government in 11
implementing or complying with any proposed act of the General Assembly 12
whether filed in regular session or prefiled during the interim, order, or 13
administrative law;[.] 14
(2) "Local government" means cities, counties or urban-county governments; and[.] 15
(3) "State mandate" means any state constitutional, legislative, or executive law or 16
order which requires any local government to establish, expand, or modify its 17
activities, progr ams, or structure in [ such] a way that affects [as to affect] 18
expenditures from local revenues. 19
Section 3. KRS 6.955 is amended to read as follows: 20
(1) No bill or resolution which relates to any aspect of local government or any service 21
provided thereby shall be voted on by either chamber of the General Assembly 22
unless a local government mandate statement [fiscal note] has been prepared and 23
attached to the bill pursuant to KRS 6.960, except that, if in the chamber in which 24
the bill is being considered, two -thirds (2/3) of the members elected vote to waive 25
the local government mandate statement [fiscal note] requirement, no 26
statement[note] shall be required. The local government mandate statement [fiscal 27
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note] waiver shall be certified by the clerk of the chamber in which the bill is being 1
considered, and the[such] certification shall be attached to the bill. Although 2
waived in one (1) chamber, a local government mandate statement [fiscal note] 3
shall be required when the bill goe s to the other chamber unless a majority of the 4
members elected to the[such] chamber vote to waive the local government 5
mandate statement[fiscal note] requirement. 6
(2) An executive order which relates to any aspect of local government or any service 7
provided thereby shall not be issued unless a local government mandate 8
statement[fiscal note] has been prepared and made a part of the order pursuant to 9
KRS 6.960. 10
Section 4. KRS 6.960 is amended to read as follows: 11
(1) The director of the Legislative Research Commission shall have the local 12
government mandate statement [fiscal note] prepared by the Legislative Research 13
Commission or by other departments or agencies of state government for any bill 14
introduced before the General Assembly which relates to any aspect of local 15
government or any service provided thereby. Departments or agencies of state 16
government so requested by the director shall comply with the request within s even 17
(7) working days of receipt. The local government mandate statement [fiscal note] 18
shall be filed with the clerk in the chamber of the General Assembly in which the 19
bill was introduced and attached to each copy of the bill. 20
(2) The secretary of finance shall have the local government mandate statement [fiscal 21
note] prepared by the Finance and Administration Cabinet or by other departments 22
or agencies of state government for any order promulgated by an executive 23
department or agenc y which relates to any aspect of local government or any 24
service provided thereby. The director of the Legislative Research Commission 25
shall determine the form of the statements[such notes]. The secretary may request 26
the advice or assistance of the Legisla tive Research Commission in the preparation 27
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of the local government mandate statement [fiscal note] . The local government 1
mandate statement[fiscal note] shall be attached to each copy of the order. 2
Section 5. KRS 6.965 is amended to read as follows: 3
(1) A local government mandate statement [fiscal note] shall state whether the bill or 4
order is determined to be a state mandate. This[Such] determination shall be made 5
by the director of the Legislative Research Commission exce pt as provided by 6
subsection (2) of this section. If the bill or order is a state mandate, the local 7
government mandate statement[note] shall contain an estimate of the effect the law 8
will have on expenditures or revenues of local government for the first full fiscal 9
year the law is to be in effect. 10
(2) The director, at his or her discretion, may seek a certification from the Attorney 11
General on the question of whether a bill or order constitutes a state mandate. The 12
Attorney General shall, within seven (7) working days from receipt of the request, 13
certify to the director that the bill or order is or is not a state mandate. 14
(3) If any bill or order is amended after the preparation of the local government 15
mandate statement[fiscal note], it shall be resubmitted to the person responsible for 16
preparation of the local government mandate statement[note] who shall reevaluate 17
the bill or order as amended and change the local government mandate 18
statement[fiscal note] in accordance therewith. 19
(4) Copies of the local government mandate statement [fiscal note] shall be furnished 20
by the Legislative Research Commission to any local official upon written request. 21
Section 6. KRS 6.970 is amended to read as follows: 22
The Legislative Research Commission shall be responsible for compiling, analyzing, and 23
collecting fiscal and other information from local governments necessary for the 24
preparation of local government mandate statements [fiscal notes] . An information 25
system shall be developed and des igned to provide sufficient continuing information on 26
the financial condition of local government which can be readily utilized for the 27
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preparation of local government mandate statements[fiscal notes]. In the development of 1
this information system, the Legislative Research Commission shall: 2
(1) Compile, analyze, and maintain in a unified, concise, and orderly form, information 3
on the nature and impact of existing state mandates and state programs which 4
involve the distribution of funds to local government; and 5
(2) Continuously compile, analyze, and maintain fiscal and other relevant information 6
which is required by statute or regulation to be prepared by local governments. 7
Section 7. KRS 13A.190 is amended to read as follows: 8
(1) An emergency administrative regulation is an administrative regulation that: 9
(a) An administrative body can clearly demonstrate, through documentary 10
evidence submitted with the filing of the emergency administrative regulation, 11
must be placed into effect immediately in order to: 12
1. Meet an imminent threat to public health, safety, welfare, or the 13
environment; 14
2. Prevent an imminent loss of federal or state funds; 15
3. Meet an imminent deadline fo r the promulgation of an administrative 16
regulation that is established by state statute or federal law; or 17
4. Comply with an executive order issued under KRS Chapter 39A; and 18
(b) 1. Is temporary in nature and will expire as provided in this section; or 19
2. Is temporary in nature and will be replaced by an ordinary 20
administrative regulation as provided in this section. 21
For the purposes of this section, "imminent" means within two hundred seventy 22
(270) days of the filing of the emergency administrative regulation. 23
(2) An agency's finding of an emergency pursuant to this section shall not be based on 24
the agency's failure to timely process and file administrative regulations through the 25
ordinary administrative regulation process. 26
(3) An emergency administrative regulation: 27
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(a) Shall become effective and shall be considered as adopted upon filing; 1
(b) Shall be published in the Administrative Register in accordance with the 2
publication deadline established in KRS 13A.050(3); 3
(c) Shall be subject to the public comme nt provisions established in KRS 4
13A.270 and 13A.280; 5
(d) 1. May be reviewed at a subsequent meeting of a legislative committee 6
after the filing of the emergency administrative regulation; and 7
2. May, by a vote of the majority of the legislative committee's 8
membership as established by KRS 13A.020(4) and 13A.290(9), be 9
found to be deficient, and the deficiency shall be reported to the 10
Governor pursuant to KRS 13A.330(2); and 11
(e) May be amended: 12
1. By the promulgating administrative body after receiving public 13
comments as established in KRS 13A.280. The amended after 14
comments version shall: 15
a. Become effective upon filing; and 16
b. Not require a statement of emergency; or 17
2. At a legislative committee meeting as established in KRS 13A.320. The 18
amendment shall be approved as established by KRS 13A.020(4) or 19
KRS 13A.290(9). The amended version shall become effective upon 20
adjournment of the meeting following the procedures established in 21
KRS 13A.020(4) or 13A.331(1) and (2). 22
(4) (a) Except as provided by paragraph (b) of this subsection, emergency 23
administrative regulations shall expire two hundred seventy (270) days after 24
the date of filing or when the same matter filed as an ordinary administrative 25
regulation filed for review is adopted, whichever occurs first. 26
(b) If an administrative body extends the time for filing a statement of 27
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consideration for an ordinary administrative regulation as provided by KRS 1
13A.280(2)(b), an emergency administrative regulat ion shall remain in effect 2
for two hundred seventy (270) days after the date of filing plus the number of 3
days extended under the provisions of KRS 13A.280(2)(b) or when the same 4
matter filed as an ordinary administrative regulation filed for review is 5
adopted, whichever occurs first. 6
(c) Filing an emergency amended after comments administrative regulation shall 7
not affect the expiration of an emergency regulation as established in 8
paragraphs (a) and (b) of this subsection. 9
(5) Except as established in subs ection (6) of this section, an emergency administrative 10
regulation with the same number or title or governing the same subject matter shall 11
not be filed for a period of two hundred seventy (270) days after it has been initially 12
filed. 13
(6) If an emergency a dministrative regulation with the same number or title or 14
governing the same subject matter as an emergency administrative regulation filed 15
within the previous two hundred seventy (270) days is filed, it shall contain a 16
detailed explanation of the manner i n which it differs from the previously filed 17
emergency administrative regulation. The detailed explanation shall be included in 18
the statement of emergency required by subsection (7) of this section. 19
(7) Each emergency administrative regulation shall contain a statement of: 20
(a) The nature of the emergency; 21
(b) The reasons why an ordinary administrative regulation is not sufficient; 22
(c) Whether or not the emergency administrative regulation will be replaced by 23
an ordinary administrative regulation; 24
(d) If the emergency administrative regulation will be replaced by an ordinary 25
administrative regulation, the following statement: "The ordinary 26
administrative regulation (is or is not) identical to this emergency 27
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administrative regulation."; 1
(e) If the emergency administrative regulation will not be replaced by an ordinary 2
administrative regulation, the reasons therefor; and 3
(f) If applicable, the explanation required by subsection (6) of this section. 4
(8) (a) An administrative body shall attach the: 5
1. Statement of emergency required by subsection (7) of this section to the 6
front of the original and each copy of a proposed emergency 7
administrative regulation; 8
2. Public hearing and public comment period information required by KRS 9
13A.270(2), regulatory impact analys is, tiering statement, federal 10
mandate comparison, fiscal note on state or local government, summary 11
of material incorporated by reference if applicable, and other forms or 12
documents required by the provisions of this chapter to the back of the 13
emergency administrative regulation; and 14
3. Documentary evidence submitted justifying the finding of an emergency 15
in accordance with subsection (1) of this section to the back of the 16
emergency regulation if it is: 17
a. No more than ten (10) pages in length; and 18
b. Typewritten on white paper, size eight and one -half (8 -1/2) by 19
eleven (11) inches, and single-sided. 20
Larger volumes of documentary evidence shall be filed in a separate 21
binder, on a CD -ROM or DVD disc, or in a different electronic format 22
approved by the regulations compiler. 23
(b) An administrative body shall file with the regulations compiler: 24
1. The origi nal and four (4) copies of the emergency administrative 25
regulation; and 26
2. At the same time as, or prior to, filing the paper version, an electronic 27
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version of the emergency administrative regulation and the attachments 1
required by paragraph (a) of this su bsection saved as a single document 2
for each emergency administrative regulation in an electronic format 3
approved by the regulations compiler. 4
(c) 1. Each original emergency administrative regulation shall be single -sided 5
and stapled in the top left corner. 6
2. One (1) of the copies shall be single-sided and unstapled. 7
3. The other three (3) copies shall be stapled in the top left corner and may 8
be double-sided. 9
4. The original and the four (4) copies of each emergency administrative 10
regulation shall be grouped together. 11
(9) The statement of emergency shall have a two (2) inch top margin. The number of 12
the emergency administrative regulation shall be typed directly below the heading 13
"Statement of Emergency." The number of the emergency administrative regulati on 14
shall be the same number as the ordinary administrative regulation followed by an 15
"E." 16
(10) Each executive department emergency administrative regulation shall be signed by 17
the head of the administrative body and countersigned by the Governor prior to 18
filing with the Commission. These signatures shall be on the statement of 19
emergency attached to the front of the emergency administrative regulation. 20
(11) If an emergency administrative regulation will be replaced by an ordinary 21
administrative regulation, the ordinary administrative regulation shall be filed at the 22
same time as the emergency administrative regulation that it will replace. 23
(12) If an ordinary administrative regulation that was filed to replace an emergency 24
administrative regulation: 25
(a) Is withdrawn: 26
1. The emergency administrative regulation shall expire on the date the 27
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ordinary administrative regulation is withdrawn; and 1
2. The administrative body shall inform the regulations compiler of the 2
reasons for withdrawal in writing; or 3
(b) Expires, the emergency administrative regulation shall expire on the date the 4
ordinary administrative regulation expires pursuant to KRS 13A.315(1). 5
(13) (a) If an emergency administrative regulation that was intended to be replaced by 6
an ordinary administrative r egulation is withdrawn, the emergency 7
administrative regulation shall expire on the date it is withdrawn. 8
(b) If an emergency administrative regulation has been withdrawn, the ordinary 9
administrative regulation that was filed with it shall not expire unles s the 10
administrative body informs the regulations compiler that the ordinary 11
administrative regulation is also withdrawn. 12
(c) If an emergency administrative regulation is withdrawn, the administrative 13
body shall inform the regulations compiler of the reaso ns for withdrawal in 14
writing. 15
(14) The administrative regulations compiler shall notify all legislative committees of 16
the number, title, and subject matter of all emergency administrative regulations 17
and shall forward any additional information filed about the emergency 18
administrative regulation requested by a legislative committee. 19
Section 8. KRS 13A.230 is amended to read as follows: 20
(1) The administrative body shall attach the following forms to the back of the origina l 21
and each copy of an administrative regulation: 22
(a) Regulatory impact analysis as required by KRS 13A.240; 23
(b) Tiering statement as required by KRS 13A.210; 24
(c) Fiscal note on state or local government as required by KRS 13A.250; 25
(d) Federal mandate comparison, if applicable, as required by KRS 13A.245; and 26
(e) The summaries provided for in KRS 13A.2245, 13A.2251, or 13A.2255, if 27
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applicable. 1
(2) The forms required by subsection (1) of this section shall be obtained from the 2
regulations compiler. 3
(3) The electronic version of an administrative regulation and the attachments required 4
by subsection (1) of this section shall be sent by e -mail to the regulations compiler 5
in a single document at the same time as, or prior to, filing the paper version in 6
accordance with KRS 13A.190, 13A.220, or 13A.280 in an electronic format 7
approved by the regulations compiler. 8
Section 9. KRS 13A.250 is amended to read as follows: 9
(1) An administrative body that promulgates an administrative regulation shall consider 10
the cost that the administrative regulation may cause state or local government and 11
regulated entities to incur. 12
(2) (a) A two (2) part cost analysis shall be completed for each administrative 13
regulation. 14
(b) The first part of the cost analysis shall include the projected cost or cost 15
savings to the Commonwealth of Kentucky and each of its affected agencies, 16
and the projected cost or cost savings to affected local governments, inc luding 17
cities, counties, fire departments, and school districts. 18
(c) The second part of the cost analysis shall include the projected cost or cost 19
savings to the regulated entities affected by the administrative regulation. 20
(d) Agencies or entities affecte d by the administrative regulation may submit 21
comments in accordance with KRS 13A.270(1) to the promulgating 22
administrative body or to a legislative committee reviewing the administrative 23
regulation. 24
(3) Each administrative body that promulgates an adminis trative regulation shall 25
prepare and submit with the administrative regulation a fiscal note on state or local 26
government. The fiscal note on state or local government shall state: 27
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(a) The number of the administrative regulation; 1
(b) The name, email addres s, and telephone number of the contact person of the 2
administrative body identified pursuant to KRS 13A.220(6)(d), and, if 3
applicable, the name, email address, and telephone number of an alternate 4
person to be contacted with specific questions about the fi scal note on state or 5
local government; 6
(c) Each unit, part, or division of state or local government the administrative 7
regulation will affect; 8
(d) Whether the administrative regulation was expressly authorized by an act of 9
the General Assembly, and if so, identification of the act; 10
(e) In detail, the aspect or service of state or local government to which the 11
administrative regulation relates, including identification of the applicable 12
state or federal statute or regulation that mandates the aspect or ser vice or 13
authorizes the action taken by the administrative regulation; 14
(f) The estimated effect of the administrative regulation on the expenditures and 15
revenues of a state or local government agency or regulated entity for the first 16
full year the administr ative regulation will be in effect and any subsequent 17
year the administrative regulation will be in effect. The administrative body 18
shall provide a narrative to explain the fiscal impact of the administrative 19
regulation and the methodology and resources it used to determine the fiscal 20
impact; and 21
(g) 1. The conclusion of the promulgating administrative body as to whether 22
the administrative regulation will have a major economic impact on state 23
and local government and regulated entities for the first full ye ar the 24
administrative regulation will be in effect and for subsequent years if 25
different; and 26
2. An explanation of the methodology and resources used by the 27
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administrative body to reach this conclusion. 1
(4) If an administrative body files an amendment to a n administrative regulation 2
pursuant to KRS 13A.320(3) for a legislative committee meeting, the administrative 3
body shall: 4
(a) Consider the cost of the amendment as established in subsection (2) of this 5
section; and 6
(b) Prepare and submit a fiscal note on state or local government as established 7
in subsection (3) of this section. 8
(5) Any administrative body may request the advice and assistance of the Commission 9
in the preparation of the fiscal note on state or local government. 10
Section 10. KRS 13A.280 is amended to read as follows: 11
(1) Following the last day of the comment period, the administrative body shall give 12
consideration to all comments received at the public hearing and all written 13
comments received during the comment period, including: 14
(a) Any report filed by the Commission on Small Business Innovation and 15
Advocacy in accordance with KRS 11.202(1)(e) and 13A.270(4), or by a local 16
government in accordance with KRS 11.202(1)(e) and 13A.270(5); and 17
(b) Any comments regarding the administrative regulation's major economic 18
impact as submitted by agencies, local governments, or regulated entities. 19
(2) (a) Except as provided in paragraph (b) of this subsection, the administrative 20
body shall file with t he Commission on or before 12 noon, eastern time, on 21
the fifteenth day of the calendar month following the end of the public 22
comment period the statement of consideration relating to the administrative 23
regulation and, if applicable, the amended after comments version. 24
(b) If the administrative body has received a significant number of public 25
comments: 26
1. It may extend the time for filing the statement of consideration for an 27
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ordinary administrative regulation and, if applicable, the amended after 1
comments version by notifying the regulations compiler in writing on or 2
before 12 noon, eastern time, on the fifteenth day of the calendar month 3
following the end of the public comment period; and 4
2. The administrative body shall file the statement of consideration for an 5
ordinary administrative regulation and, if applicable, the amended after 6
comments version, with the Commission on or before 12 noon, eastern 7
time, no later than the fifteenth day of the second calendar month 8
following the end of the public comment period. 9
(3) (a) If the administrative regulation is amended as a result of the hearing or written 10
comments received, the administrative body shall file the items specified in 11
this paragraph with the regulations compiler by 12 noon, eastern time, on the 12
applicable deadline specified in subsection (2) of this section: 13
1. The original and four (4) copies of the administrative regulation 14
indicating any amendments resulting from comments received at the 15
public hearing and during the comment period. The amendments shall 16
be indicated in: 17
a. The original wording for an ordinary administrative regulation; 18
b. The original wording for an emergency administrative regulation; 19
or 20
c. The wording of an emergency administrative regulation as 21
amended, for an emergency administ rative regulation that was 22
amended at a legislative committee meeting pursuant to KRS 23
13A.190(3); 24
2. The original and four (4) copies of the statement of consideration as 25
required by subsection (2) of this section, attached to the back of the 26
original and each copy of the administrative regulation; and 27
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3. The regulatory impact analysis, tiering statement, federal mandate 1
comparison if applicable, and fiscal note on state and local government. 2
These documents shall reflect changes resulting from amendments m ade 3
after the public hearing. 4
(b) 1. Each original amended after comments version, the statement of 5
consideration, and the attachments required by paragraph (a)3. of this 6
subsection shall be single-sided and stapled in the top left corner. 7
2. One (1) of the copies shall be single-sided and unstapled. 8
3. The other three (3) copies shall be stapled in the top left corner and may 9
be double-sided. 10
(c) At the same time as, or prior to, filing the paper version, the administrative 11
body shall file an electronic ve rsion of the amended after comments version, 12
the statement of consideration, and the required attachments saved as a single 13
document for each amended after comments administrative regulation in an 14
electronic format approved by the regulations compiler. 15
(d) Within five (5) working days after filing an amended after comments version, 16
an administrative body shall: 17
1. Prominently display on its website: 18
a. A notice that an amended after comments version has been filed 19
with the Commission; 20
b. A summary of the amended after comments version, including: 21
i. The number of the administrative regulation; 22
ii. The title of the administrative regulation; and 23
iii. A brief explanation of the changes made; and 24
c. Information on how to access the amended after comments version 25
on the Commission's website; and 26
2. Email the amended after comments version and statement of 27
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consideration as filed, and all attachments required by paragraph (a)3. of 1
this subsection, to eve ry person who has registered pursuant to KRS 2
13A.270(3)(a)2. and provided an email address as part of the registration 3
request. 4
(e) Material incorporated by reference that is amended after comments shall be 5
filed, and if applicable, displayed in the manner required by KRS 13A.2255. 6
(4) (a) 1. If the administrative regulation is not amended as a result of the public 7
hearing, or written comments received, the administrative body shall file 8
the original and four (4) copies of the statement of consideration wit h 9
the regulations compiler by 12 noon, eastern time, on the deadline 10
established in subsection (2) of this section. 11
2. Each original statement of consideration shall be single -sided and 12
stapled in the top left corner. 13
3. One (1) of the copies shall be single-sided and unstapled. 14
4. The other three (3) copies shall be stapled in the top left corner and may 15
be double-sided. 16
(b) If the statement of consideration covers multiple administrative regulations 17
that were not amended as a result of the public hearing or written comments 18
received, the administrative body shall file with the regulations compiler: 19
1. The original and four (4) copies of the statement of consideration as 20
required by paragraph (a) of this subsection; and 21
2. Two (2) additional unstapled, sing le-sided copies of the statement of 22
consideration for each additional administrative regulation included in 23
the group of administrative regulations. 24
(c) At the same time as, or prior to, filing the paper version, the administrative 25
body shall file an electronic version of the statement of consideration saved as 26
a single document for each statement of consideration in an electronic format 27
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approved by the regulations compiler. 1
(5) (a) If comments are received either at the public hearing or during the public 2
comment period, the administrative regulation shall be deferred to the next 3
regularly scheduled meeting of the subcommittee following the month in 4
which the statement of consideration is due. 5
(b) A filed administrative regulation that is deferred under thi s subsection due to 6
receipt of public comments may still be placed on the subcommittee's agenda 7
for informational review pursuant to KRS 13A.030(3) or (4). 8
(c) If a filed administrative regulation is placed on the agenda pursuant to 9
paragraph (b) of this s ubsection, the full review of the filed administrative 10
regulation shall still be deferred in accordance with this subsection. 11
(6) The format for the statement of consideration shall be as follows: 12
(a) The statement shall be typewritten on white paper, size eight and one-half (8-13
1/2) by eleven (11) inches. Copies of the statement may be mechanically 14
reproduced; 15
(b) The first page of the statement of consideration shall have a two (2) inch top 16
margin; 17
(c) The heading of the statement shall consist of the word s "STATEMENT OF 18
CONSIDERATION RELATING TO" followed by the number of the 19
administrative regulation that was the subject of the public hearing and 20
comment period and the name of the promulgating administrative body. The 21
heading shall be centered. This shall be followed by the words "Not Amended 22
After Comments," "Emergency Not Amended After Comments," "Amended 23
After Comments," or "Emergency Amended After Comments," whichever is 24
applicable; 25
(d) If a hearing has been held or written comments received, the headi ng is to be 26
followed by: 27
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1. A statement setting out the date, time , and place of the hearing, if the 1
hearing was held; 2
2. A list of those persons who attended the hearing or who submitted 3
comments and the organization, agency, or other entity represented, if 4
applicable; and 5
3. The name and title of the representative of the promulgating 6
administrative body; 7
(e) 1. Following the general information, the promulgating administrative 8
body shall summarize the comments received at the public hearing and 9
during the comment period and the response of the promulgating 10
administrative body. Each subject commented upon shall be 11
summarized in a separate numbered paragraph. Each numbered 12
paragraph shall contain two (2) subsections: 13
a. Subsection (a) shall be labeled "Comment," shall identify the name 14
of the person, and the organization represented if applicable, who 15
made the comme nt, and shall contain a summary of the comment; 16
and 17
b. Subsection (b) shall be labeled "Response" and shall contain the 18
response to the comment by the promulgating administrative body. 19
2. If administrative regulations were considered as a group and a comme nt 20
relates to one (1) or more of the administrative regulations, the summary 21
of the comment and response shall specify each administrative 22
regulation to which it applies; 23
(f) 1. Following the summary of the comments and responses, the 24
promulgating administ rative body shall summarize the statement of 25
consideration and the action taken by the administrative body as a result 26
of comments received at the public hearing and during the comment 27
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period. 1
2. If administrative regulations were considered as a group, a separate 2
summary and action taken shall be provided for each administrative 3
regulation; and 4
(g) Emergency administrative regulations shall be in a separate statement of 5
consideration from ordinary administrative regulations. 6
(7) If the administrative regul ation is amended pursuant to subsection (3) of this 7
section, the full text of the administrative regulation shall be published in the 8
Administrative Register. The changes made to the administrative regulation shall be 9
typed in bold and made in the format p rescribed by KRS 13A.222(2). The 10
administrative regulation shall be reviewed by the Administrative Regulation 11
Review Subcommittee after the[such] publication. 12
(8) If requested, copies of the statement of consideration and, if applicable, the 13
amended after comments version of the administrative regulation shall be made 14
available by the promulgating administrative body to persons attending the hearing 15
or submitting comments or who specifically request a copy from the administrative 16
body. 17
Section 11. KRS 13A.320 is amended to read as follows: 18
(1) (a) An administrative body may amend a filed ordinary or emergency 19
administrative regulation at a legislative committee meeting with the consent 20
of the legislative committee. A legis lative committee may amend a filed 21
ordinary or emergency administrative regulation at a legislative committee 22
meeting with the consent of the administrative body. 23
(b) An administrative regulation shall not be amended at a public meeting of a 24
legislative co mmittee unless the amendment concerns an issue that was 25
related to the administrative regulation filed with the Legislative Research 26
Commission and was: 27
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1. Considered at the public hearing; 1
2. Raised pursuant to a comment received by the administrative body at the 2
public hearing or during the public comment period pursuant to KRS 3
13A.280(1); or 4
3. Raised during the legislative committee meeting. 5
(c) Nothing in this chapter shall be construed to require the administrative 6
regulation's resubmission or refilin g or other action. The administrative 7
regulation may be adopted as amended. 8
(d) Following approval of an amendment to an administrative regulation at a 9
legislative committee meeting, the administrative regulation as amended shall 10
be published in the Admini strative Register, unless all amendments to the 11
administrative regulation that were made at the meeting of the legislative 12
committee: 13
1. Relate only to the formatting and drafting requirements of KRS 14
13A.220(5) and 13A.222(4)(b), (c), (i), (j), and (l); and 15
2. Do not alter the intent, meaning, conditions, standards, or other 16
requirements of the administrative regulation. 17
(e) If the amendments to an administrative regulation made at a meeting of a 18
legislative committee meet the exception requirements of paragraph (d) of this 19
subsection, the regulations compiler shall publish a notice in the 20
Administrative Register that the administrative regulation was amended at a 21
legislative committee meeting only to comply with the formatting and drafting 22
requirements of this chapter. 23
(2) If an administrative body intends to amend an administrative regulation at a 24
meeting of a legislative committee, the following requirements shall be met: 25
(a) An amendment offered by the administrative body prior to a legislative 26
committee meeting shall be approved by the head of the administrative body; 27
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(b) The amendment shall be contained in a letter to the legislative committee. The 1
letter shall: 2
1. Identify the administrative body; 3
2. State the number and title of the administrative regulation; 4
3. Be dated; and 5
4. Be filed with the regulations compiler; and 6
(c) The amendment shall be made in one (1) of the following formats: 7
1. a. On separate lines, the amendment shall be identified by the 8
number of the: 9
i. Page; 10
ii. Section, subsection, paragraph, subparagraph, clause, or 11
subclause, as appropriate; and 12
iii. Line. 13
b. If a word or phrase, whether or not underlined, is to be deleted, the 14
amendment shall identify the word or phrase to be de leted and 15
state that it is to be deleted. If a word or phrase is to be replaced by 16
another word or phrase, the amendment shall specify the word or 17
phrase that is to be deleted and shall specify the word or phrase 18
that is to be inserted in lieu thereof. 19
c. If new language is to be inserted, the amendment shall state that it 20
is to be inserted, and the new language shall be underlined. 21
d. If the amendment consists of no more than four (4) words, the 22
words shall be placed between quotation marks. If the amendme nt 23
consists of more than four (4) words, the amendment shall be 24
indented and not placed between quotation marks. 25
e. If a section, subsection, paragraph, subparagraph, clause, or 26
subclause is to be deleted in its entirety, the amendment shall 27
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identify it an d state that it is deleted in its entirety, whether or not 1
it contains underlined or bracketed language; or 2
2. a. By substituting the complete text of the administrative regulation, 3
with the proposed changes made to the administrative regulation 4
typed in b old, italicized, and in the format prescribed by KRS 5
13A.222(2). 6
b. i. If the amendment is initiated by the administrative body, the 7
administrative body shall submit at the same time as, or prior 8
to, filing the paper version, an electronic version of the 9
amendment in a format approved by the regulations 10
compiler. 11
ii. If there are differences between the paper copy and the 12
electronic version of the amendment, the electronic version 13
shall be the controlling version. 14
(3) If the amendment is initiated by the administrative body, the amendment shall be: 15
(a) Filed at least three (3) working days prior to the meeting of the legislative 16
committee; 17
(b) Filed with an updated fiscal note on state or local government as established 18
by KRS 13A.250(4); 19
(c) Filed with a summary of the amendment and an explanation of its intent; and 20
(d) Emailed as soon as practicable to every person who has registered pursuant to 21
KRS 13A.270(3)(a)2. and provided an email address as part of the registration 22
request. 23
(4) An amendment to an administrative regulation may be made orally at a legislative 24
committee meeting if the requirements of subsection (1)(a) of this section are met. 25
(5) Except for an amendment made orally pursuant to subsection (4) of this section: 26
(a) For a meeting of the Administrative Regulation Review Subcommittee, an 27
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administrative body shall submit fifteen (15) copies of an amendment to an 1
administrative regulation to the regulations compiler prior to the 2
Administrative Regulation Review Subcommitt ee meeting at which the 3
amendment will be considered and, if applicable, in accordance with the 4
deadline established in subsection (3)(a) of this section; or 5
(b) For a meeting of a legislative committee other than the Administrative 6
Regulation Review Subco mmittee, an administrative body shall contact the 7
regulations compiler prior to the legislative committee meeting at which the 8
amendment will be considered to find out the number of copies needed for 9
that specific legislative committee. The original amendm ent and the specified 10
number of copies shall be submitted to the regulations compiler prior to the 11
legislative committee meeting at which the amendment will be considered 12
and, if applicable, in accordance with the deadline established in subsection 13
(3)(a) of this section. 14