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SB 1 (BR 1477) - D. Williams, R. Roeding
AN ACT relating to governmental actions, and declaring an emergency.
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 being 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, 2002; 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 will expire as of October 1, 2002; 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; create a new section of KRS Chapter 13A, relating to administrative regulations, to establish a process for the General Assembly to ratify the findings of deficiency made by a subcommittee since the previous regular session; amend KRS 13A.333 to add ratification of a deficiency by the General Assembly to the requirements for an administrative regulation to expire on adjournment of that regular session; require that an administrative regulation found deficient by the General Assembly expire on adjournment of that regular session of the General Assembly; prohibit, for a period of one year, rather than two years, the promulgation of an administrative regulation that is identical to or substantially the same as one found deficient by the General Assembly; amend KRS 13A.335 to direct that, if certain conditions apply, an administrative regulation found deficient by a subcommittee not be automatically included in those to be ratified by the General Assembly; amend KRS 13A.032 to permit a finding of deficiency by a subcommittee to be used as nonbinding evidence of legislative intent; direct that General Assembly ratification of a finding of deficiency establish a prima facie case of legislative intent; permit, upon General Assembly ratification of a deficiency, the Legislative Research Commission or an affected party to institute legal proceedings in Franklin Circuit Court; amend KRS 6.905, relating to the Legislative Program Review and Investigations Committee, to direct that members appointed from each chamber shall elect one member from their chamber to serve as co-chair; 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 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; amend KRS 7A.110, relating to the Capital Planning Advisory Board, to increase the membership from fifteen to sixteen; require the Speaker of the House and the President of the Senate to designate one each of their respective legislative branch appointees as co-chair; increase from three to four the number of at-large public members; require that, of those four members, one be appointed by the Speaker of the House and one be appointed by the President of the Senate, instead of one appointed by the Legislative Research Commission; require each co-chair to alternate as presiding co-chair on a meeting by meeting basis; amend KRS 7B.030, relating to the board of the Kentucky Long-Term Policy Research Center, to increase the membership from twenty-one to twenty-two; direct that the three members from the House of Representatives be appointed by the Speaker of the House and the three members from the Senate be appointed by the President of the Senate, rather than all six by the Legislative Research Commission; increase the number of at-large members from five to six, three to be appointed by the Speaker and three to be appointed by the President, rather than all appointed by the Legislative Research Commission and confirmed by the House of Representatives and the Senate; create various new sections of KRS Chapter 174 to create the Transportation Oversight Subcommittee as a permanent subcommittee of the Legislative Research Commission; set forth definitions for these new sections; direct that the new subcommittee consist 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 review all operations of the Transportation Cabinet, to monitor all spending of the Transportation Cabinet relating to construction, reconstruction, repair, and maintenance of a project, and to review all funds, regardless of the source of funds, utilized by the Transportation Cabinet; list certain funds to be reviewed, review not to be limited 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 relating to oversight by the Transportation Oversight Subcommittee; amend KRS 6.245 to prohibit an interim joint committee of the Legislative Research Commission from prefiling a bill except by the affirmative vote of a majority of the committee members of each chamber; amend KRS 45.247 and KRS 176.430 to conform to provisions relating to the Transportation Oversight Subcommittee; repeal KRS 6.226, 6.227, 6.228 and 6.229; EMERGENCY.
SB 1 - AMENDMENTS
SCS - Retain original provisions of Senate Bill 1 and provide that interim committees may object to executive orders relating to governmental policy on the vote of a majority of the committee members of either chamber; create procedure for handling of executive orders relating to governmental policy which were objected to by an interim committee, which includes proposing legislation which identifies each executive order which has been objected to, and declaring the order to be void upon enactment of the legislation; require that legislation contain an emergency clause; provide that the legislation be introduced by the Speaker of the House and the President of the Senate on the first day of the session; prohibit the Governor from adopting executive orders that are the same or substantially similar to those orders declared void for one year from sine die adjournment of the legislative session which declares the executive order void; provide that executive orders can be added to or deleted from the proposed legislation; provide that Legislative Research Commission staff prepare legislation for introduction on the first day of the session which identifies all administrative regulations found deficient by a subcommittee since the commencement of the previous regular session of the General Assembly; provide that the legislation be introduced by the President of the Senate and the Speaker of the House on the first day of the session; provide that the legislation require that each deficient administrative regulation be void; as of the effective date of the legislation, prohibit the administrative body from promulgating an administrative regulation that is the same or substantially the same as the administrative regulations declared void for a period of 1 year from sine die adjournment of the legislative session which declared the administrative regulation void; require that the legislation contain an emergency clause; authorize the inclusion or deletion of additional administrative regulations from the bill, amend KRS 13A.335 to conform to the provisions of the substitute; and repeal KRS 13A.333, and 13A.032.
SFA (1, D. Boswell) - Direct that authorization for regular monthly meetings of interim joint committees of the Legislative Research Commission begin on June 1 and continue through December 31 of each calendar year; direct that the interim joint committees meet according to the most recent regular monthly meeting schedule approved by a majority of the membership of the Commission; permit the Commission, by an affirmative vote of a majority of its entire membership, to alter the beginning and concluding dates of the authorization, authorize any additional meetings, or disapprove any meeting; direct that subcommittees of interim joint committees be authorized to meet according to policies and practices of the Commission; define "interim joint committees" as those subcommittees of the LRC consisting of the combination of the membership of Senate and House standing committees in accordance with the most recent interim joint committee structure approved by a majority of the entire membership of the Commission; direct that, until a new interim joint committee structure is adopted by the Commission, the most recent interim joint committee structure be considered to additionally include an Interim Joint Committee on Seniors, Veterans, Military Affairs, and Public Protection, consisting of the memberships of the Senate Standing Committee on Veterans, Military Affairs, and Public Protection and the House Standing Committee on Seniors, Military Affairs, and Public Safety; direct that interim joint committees be staffed by the nonpartisan staff of the LRC consistent with the provisions of KRS 7.090.
SFA (2, M. Long) - Create a new section of KRS Chapter 2 to designate Shelby County the Saddlebred Capital of Kentucky.
SFA (3, M. Long) - Create a new section of KRS Chapter 2 to designate Shelby County the Saddlebred Capital of Kentucky.
Jan 11-introduced in Senate
Jan 15-to State and Local Government (S)
Feb 27-reported favorably, 1st reading, to Calendar with Committee Substitute
Feb 28-2nd reading, to Rules
Mar 4-posted for passage in the Regular Orders of the Day for Wednesday, March 6, 2002; floor amendments (1) and (2) filed to Committee Substitute, floor amendment (3) filed to bill
Mar 6-3rd reading; floor amendments (1) and (3) withdrawn ; passed 37-0 with Committee Substitute, floor amendment (2)
Mar 7-received in House
Mar 8-to State Government (H)
Mar 14-posted in committee
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