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SB 60 (BR 351) - D. Williams
AN ACT relating to executive branch actions.
Create a new section of KRS Chapter 11 to require executive orders issued by the Governor to be identified by year of issuance and subject area, to be numbered consecutively within year of issuance and subject area categories, and to be filed with the Secretary of State; require the Secretary of State to forward certain executive orders to the director of the Legislative Research Commission on the date filed; require the co-chairs of the Legislative Research Commission to refer executive orders relating to appointments requiring confirmation, reorganization of state government, and other matters pertaining to the operation or official policy of the government, to the legislative committee of jurisdiction within two working days after the order is received by the Legislative Research Commission; provide that executive orders relating to appointments requiring confirmation, reorganization of state government, and other matters pertaining to the operation or official policy of the government shall not become effective until thirty-five days after filed with the Secretary of State; require the committee of referral to review the executive order within thirty days and report its findings; require executive orders identified as pertaining to the operation or official policy of the government to expire on sine die adjournment of the next Regular Session of the General Assembly unless the text is enacted in legislation; require the Governor to compile a list of all executive orders currently in effect and provide the list to the Legislative Research Commission by September 30, 2001; require the Governor to identify orders that should remain in effect and those he shall revoke or repeal as obsolete or unnecessary; provide that executive orders the Governor does not continue in effect or revoke or repeal on another date expire as of October 1, 2001; create a new section of KRS Chapter 12 to require each administrative body created by executive order or administrative order to expire at the end of a Governor's or other statewide elected official's term of office unless established by General Assembly enactment; amend KRS 12.028, relating to the reorganization of state government, to conform; amend KRS 11.160, relating to confirmation of appointments, to reduce from seven days to two working days the time limit for the Governor to deliver letters of appointment and resumes for appointments subject to interim committee hearings; amend KRS 13A.015, relating to administrative regulations, to require the notice of intent to include detailed summary information relating to regulated entities, including impact on small businesses and individuals and special problems faced by them; amend KRS 13A.190 to establish the requirements for filing an emergency administrative regulation; amend KRS 13A.210 to require administrative bodies to use any number of tiers that will solve most efficiently and effectively the problem the administrative regulation addresses and to specify the format and material to be included in the tiering statement; amend KRS 13A.220 to conform; amend KRS 13A.245 to require the necessity, function, and conformity paragraph to include information regarding compliance with federal requirements; amend KRS 13A.270 to require administrative bodies to notify the regulations compiler of certain written comments received.
SB 60 - AMENDMENTS
SCA (1, D. Williams) - Retain the original provisions of the bill; add Part C relating to legislative oversight committees as follows: amend KRS 6.905, relating to the Legislative Program Review and Investigations Committee, to clarify that appointments continue to be made within 7 legislative days after each even-numbered year regular session; direct that members appointed from each chamber shall elect one member from their chamber to serve as co-chair; require the co-chairs to be elected at the first meeting following the end of the even-numbered year regular session; make other changes to conform; amend KRS 6.940, relating to the Medicaid Managed Care Oversight Committee, to rename the committee the Medicaid Oversight Committee; require inclusion of at least one minority party member from each chamber; direct that members appointed from each chamber shall elect one member from their chamber to serve as co-chair; amend KRS 13A.020, relating to the Administrative Regulation Review Subcommittee, to increase the membership from seven to eight, consisting of four Senators appointed by the President and four Representatives appointed by the Speaker; require inclusion of at least one minority party member from each chamber; require members appointed from each chamber to elect one member from their chamber to serve as co-chair; direct that vacancies be filled by the President and Speaker as in the original appointments; amend KRS 45.790, relating to the Capital Projects and Bond Oversight Committee, to increase the membership from seven to eight, including four Senators appointed by the President and four Representatives appointed by the Speaker rather than all members be appointed by the Legislative Research Commission; require inclusion of at least one minority party member from each chamber; require members appointed from each chamber to elect one member from their chamber to serve as co-chair; direct that vacancies be filled by the President and the Speaker as in original appointments; amend KRS 45A.705, relating to the Government Contract Review Committee, to increase the membership from seven to eight, consisting of four Senators appointed by the President and four Representatives appointed by the Speaker rather than of all members appointed by the Legislative Research Commission; require inclusion of at least one minority party member from each chamber; direct vacancies to be filled by the President and Speaker as in original appointments; require members appointed from each chamber to elect one member from their chamber to serve as co-chair; direct vacancies to be filled by the President and Speaker as in original appointments; increase quorum from four to five; amend KRS 158.647, relating to the Education Assessment and Accountability Review Subcommittee, to direct that the eight members consist of four Senators appointed by the President and four Representatives appointed by the Speaker rather than all eight members be appointed by the Legislative Research Commission; require inclusion of at least one minority party member from each chamber; require members appointed from each chamber to elect one member from their chamber to serve as co-chair; direct vacancies to be filled by the President and Speaker as in original appointments; amend KRS 248.723, relating to the Tobacco Settlement Agreement Fund Oversight Committee, to direct that, of the twelve members, six Senators be appointed by the President and six Representatives be appointed by the Speaker rather than all twelve members appointed by the Legislative Research Commission; require inclusion of at least two minority party members from each chamber; direct members appointed from each chamber to elect one member from their chamber to serve as co-chair; direct vacancies to be filled by the President and Speaker as in the original appointments; create various new sections of KRS Chapter 174 to create the Transportation Oversight Subcommittee; set forth definitions for these new sections; create a permanent subcommittee of the Legislative Research Commission to be known as the Transportation Oversight Subcommittee, consisting of five members of the Senate appointed by the President; five members of the House appointed by the Speaker, and the House and Senate chairs of the Budget Review Subcommittee on Transportation who shall serve as ex officio voting members and be eligible to serve as co-chairs; establish a monthly meeting schedule and a quorum of seven members; provide for compensation and staff; direct the subcommittee to have the authority to monitor all spending of the Transportation Cabinet relating to construction, reconstruction, repair, and maintenance of a project and the authority to review all funds, regardless of the source of funds, utilized by the Transportation Cabinet; list certain funds but not limit review to those listed; establish procedures relating to the transfer of funds from the highway construction contingency account to any project; establish procedures for review of any proposed contract for a project; set forth certain information that the Transportation Cabinet is required to transmit to the new subcommittee; authorize the Transportation Cabinet to promulgate administrative regulations, under KRS Chapter 13A, to implement the provisions of Sections 18 to 24; repeal KRS 6.226 (Legislative Compensation Commission), KRS 6.227 (Terms--Chairman--Expenses), KRS 6.228 (Duties) and KRS 6.229 (Legislative budget to include recommendations of commission); EMERGENCY.
SCA (2/Title, D. Williams) - Make title amendment.
SFA (3/Title, D. Williams) - Make title amendment.
SFA (4/Title, D. Williams) - Make title amendment.
SFA (5, D. Williams) - Delete the requirement for the delayed effective date of 35 days for legislative review of those executive orders pertaining to appointments requiring confirmation, reorganization of state government, and other matters pertaining to the operation or official policy of the government of Kentucky; delete conforming amendments sections.
SFA (6/Title, D. Williams) - Make title amendment.
SFA (7, D. Williams) - Delete original provisions and insert the provisions of SCA 1 relating to legislative oversight committees.
SFA (8, D. Williams) - Add new section to authorize the chair or co-chair of any statutory committee, standing committee, or any subcommittee of the General Assembly to administer oaths and compel testimony by subpoena and subpoena duces tecum, authorize contempt proceeding in Franklin Circuit Court for failure to obey subpoenas.
SFA (9, M. Long) - Add new section to authorize the chair or co-chair of any statutory committee, standing committee, or subcommittee of the General Assembly to administer oaths and compel testimony by subpoena and subpoena duces tecum on approval of a majority of the membership of the committee or subcommittee and a majority of the Legislative Research Commission; authorize contempt proceeding in Franklin Circuit Court for failure to obey subpoenas.
SFA (10, D. Williams) - Amend KRS 7.110 to authorize chairs and co-chairs of any statutory committee, standing committee, subcommittee of the General Assembly, and subcommittee of the Legislative Research Commission, upon majority vote of their respective committees, to administer oaths and compel testimony of witnesses and production of documentary evidence, and to empower those chairs and co-chairs to issue subpoenas; establish procedures for chairs and co-chairs seeking to issue a subpoena.; permit the co-chairs of the Legislative Research Commission, acting in agreement, to prohibit the issuance of any subpoena by issuing a written denial; direct that, absent the written denial, the subpoena be issued.
HFA (1/P, C. Geveden) - Create new sections of KRS Chapter 67 to establish a new procedure for the optional consolidation of counties; permit 2 or more counties to consolidate with such action initiated by public petition or local ordinance, require signatures of 20% or more of the number of persons voting in last presidential election for initiation petition, provide for the contents and certification of petitions as prescribed, and require the county judge/executive in the initiating county within 10 days to notify the other local governments and their citizens of the proposal as prescribed, require responding action in adjoining counties within 120 days or initial action void, require a special election within 90 days if adjoining counties enter the process, require approval in each county for consolidation to become effective, prescribe the language for the ballot, other election procedures, and advertisement of the election by the sheriff, require a simple majority of those voting in each county for approval, require all election costs to be paid for by the state, and prohibit any organizational changes in a newly consolidated county for 10 years; prohibit any new county from becoming effective until the end of terms of current officeholders and require new officers to be elected in the same manner and at same time as other county officials; require county judge/executive in each county to appoint 6 citizens to a transition committee as prescribed, require transition committee to divide county into 3-8 magisterial districts and to select 2-5 names for the new county to be decided by the voters, require final report of the transition committee as prescribed, and provide for a gubernatorial appointee to break tie vote on questions relating the name of the new county, the formation of magisterial districts or other issues on ballot; require all taxes from immediate year to remain in effect until changed by new county, require the creation of a special taxing district for repayment of prior financial obligations in previously existing counties as prescribed, and require surplus funds to be spent in the areas where funds were raised as prescribed; permit voters to determine location of new county seat from previously existing locations, require county seat to remain at location for not less than 10 years, and require other remaining county buildings to be maintained as branch offices for 10 years as prescribed; provide for federal and state election districts as prescribed; require the Department for Local Government to promulgate administrative regulations awarding preference points on Community Development Block Grant (CDBG) applications and provide technical and advisory assistance to consolidated counties; and repeal KRS 67.190, 67.200, 67.210, 67.220, 67.230, 67.240, 67.250, 67.260, 67.270, 67.280, 67.290, and 67.310.
HFA (2/Title, C. Geveden) - Make title amendment.
Jan 5-introduced in Senate; to State and Local Government (S)
Feb 6-reported favorably, 1st reading, to Calendar with committee amendments (1) and (2-title)
Feb 7-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Thursday, February 8, 2001; floor amendments (3-title) (4-title) (5) (6-title) and (7) filed
Feb 8-passed over and retained in the Orders of the Day; floor amendment (8) filed
Feb 9-passed over and retained in the Orders of the Day; floor amendments (9) and (10) filed
Feb 12-3rd reading; floor amendments (3-title) (5) (6-title) (7) (8) and (9) withdrawn ; passed 20-17 with committee amendments (1) and (2-title), floor amendments (4-title) and (10)
Feb 13-received in House
Feb 14-to State Government (H)
Mar 1-posted in committee
Mar 7-reported favorably, 1st reading, to Calendar; floor amendments (1) and (2-title) filed
Mar 8-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Friday, March 9, 2001
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