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SB 221 (BR 392) - D. Williams
AN ACT relating to governmental actions, and declaring an emergency.
PART A (Executive Orders): 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 and objections; require an objection by the reviewing committee to be upon the vote of a majority of the committee members of either chamber; direct that executive orders pertaining to governmental policy which were objected to by a reviewing committee be identified in legislation drafted for introduction by the President of the Senate and the Speaker of the House on the first day of the regular session; require the proposed legislation to declare each identified deficient executive order void upon enactment of the legislation, prohibit the Governor from adopting executive orders that are the same or substantially the same as the voided executive order for one year from sine die adjournment of the legislative session in which the legislation is enacted, and contain an emergency clause; permit the General Assembly to amend the proposed legislation to add executive orders, delete executive orders, or include reorganization orders which have not been enacted into law; 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, 2003; 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, 2003; 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 the issuing 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; PART B (Administrative Regulations): 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; require administrative regulations declared deficient since the previous legislative session to be identified in proposed legislation drafted for introduction in the House and the Senate on the first day of the regular session by the President of the Senate and the Speaker of the House of Representatives; require the proposed legislation to declare the identified deficient regulations void upon enactment of the legislation, prohibit an administrative body from promulgating an administrative regulative that is identical to or substantially the same as the voided administrative regulation, for one year from sine die adjournment in which the legislation is enacted, and to contain an emergency clause; permit the General Assembly to amend the proposed legislation to add or delete regulations; 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; require the administrative regulations compiler to place a notice on an administrative regulation declared deficient by a subcommittee stating that it has been declared deficient and may be declared void by the General Assembly at the next regular session; require deletion of the notice if the regulation is not declared void at the next regular session; PART C (Legislative Oversight Committees): amend KRS 6.905, relating to the Program Review and Investigations Committee, to direct members from each chamber to elect one (1) member from their chamber to serve as co-chair; amend KRS 6.940, relating to the Medicaid Managed Care Oversight Committee, to rename the committee the Medicaid Oversight Committee; require that, of the five (5) Senate members, four (4) be appointed by the President and one (1) member of the minority party in the Senate be appointed by the Minority Floor Leader; require that, of the five (5) House members, four (4) be appointed by the Speaker and one (1) member of the minority party in the House be appointed by the Minority Floor Leader; direct that members appointed from each chamber elect one member from their chamber to serve as co-chair; require executive and judicial branch agencies, officers, and employees to provide records, analyses, and testimony requested by the committee; impose penalty of Class A misdemeanor for failure to provide materials or for otherwise impeding the committee's work; permit the Legislative Research Commission to delegate to the committee its powers to administer oaths, subpoena witnesses and records, and compel the giving of evidence; amend KRS 13A.020, relating to the Administrative Regulation Review Subcommittee, to increase the membership from seven to eight, consisting of three (3) Senators appointed by the President, one (1) Senate member of the minority party appointed by the Minority Floor Leader in the Senate, three Representatives appointed by the Speaker, and one (1) House member of the minority party appointed by the Minority Floor Leader in the House; 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 same appointing authority who made the original appointments; require executive and judicial branch agencies, officers, and employees to provide records, analyses, and testimony requested by the subcommittee; impose penalty of Class A misdemeanor for failure to provide materials or for otherwise impeding the subcommittee's work; permit the Legislative Research Commission to delegate to the subcommittee its powers to administer oaths, subpoena witnesses and records, and compel the giving of evidence; amend KRS 45.790, relating to the Capital Projects and Bond Oversight Committee, to increase the membership from seven to eight, including three Senators appointed by the President, one Senate member of the minority party appointed by the Minority Floor Leader in the Senate, three Representatives appointed by the Speaker, and one House member of the minority party appointed by the Minority Floor Leader in the House; 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 original appointing authority; require executive and judicial branch agencies, officers, and employees to provide records, analyses, and testimony requested by the subcommittee; impose penalty of Class A misdemeanor for failure to provide materials or for otherwise impeding the subcommittee's work; permit the Legislative Research Commission to delegate to the subcommittee its powers to administer oaths, subpoena witnesses and records, and compel the giving of evidence; amend KRS 45A.705, relating to the Government Contract Review Committee, to increase the membership from seven to eight, consisting of three Senators appointed by the President, one Senate member of the minority party appointed by the Minority Floor Leader in the Senate, three Representatives appointed by the Speaker, and one House member of the minority party appointed by the Minority Floor Leader in the House; delete requirement that all members be appointed by the Legislative Research Commission; direct vacancies to be filled by the original appointing authority; require members appointed from each chamber to elect one member from their chamber to serve as co-chair; increase quorum from four to five; require executive and judicial branch agencies, officers, and employees to provide records, analyses, and testimony requested by the committee; impose penalty of Class A misdemeanor for failure to provide materials or for otherwise impeding the committee's work; permit the Legislative Research Commission to delegate to the committee its powers to administer oaths, subpoena witnesses and records, and compel the giving of evidence; amend KRS 158.647, relating to the Education Assessment and Accountability Review Subcommittee, to direct that the eight-member subcommittee include three Senators appointed by the President, one Senate member of the minority party appointed by the Minority Floor Leader in the Senate, three Representatives appointed by the Speaker, and one Representative member of the minority party appointed by the Minority Floor Leader in the House; delete provisions for the Legislative Research Commission to appoint the members; direct that vacancies be filled by the original appointing authority; require executive and judicial branch agencies, officers, and employees to provide records, analyses, and testimony requested by the subcommittee; impose penalty of Class A misdemeanor for failure to provide materials or for otherwise impeding the subcommittee's work; permit the Legislative Research Commission to delegate to the subcommittee its powers to administer oaths, subpoena witnesses and records, and compel the giving of evidence; amend KRS 248.723, relating to the Tobacco Settlement Agreement Fund Oversight Committee, to direct that, of the twelve members, five Senators be appointed by the President, one Senate member of the minority party appointed by the Minority Floor Leader in the Senate, five Representatives be appointed by the Speaker, and one Representative member in the minority party be appointed by the Minority Floor Leader in the House; delete provision that all twelve members be appointed by the Legislative Research Commission; 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 original appointing authority; require executive and judicial branch agencies, officers, and employees to provide records, analyses, and testimony requested by the subcommittee; impose penalty of Class A misdemeanor for failure to provide materials or for otherwise impeding the subcommittee's work; permit the legislative Research Commission to delegate to the subcommittee its powers to administer oaths, subpoena witnesses and records, and compel the giving of evidence; 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 two Representatives be appointed by the Speaker, one Representative in the minority party be appointed by the Minority Floor Leader in the House, two Senators be appointed by the President of the Senate, and one Senate member in the minority party appointed by the Minority Floor Leader in the Senate; delete provision for all six legislative members to be appointed by the Legislative Research Commission; increase the number of at-large members from five to six, including two appointed by the Speaker, one appointed by the Minority Floor Leader in the House, two appointed by the President, and one appointed by the Minority Floor Leader in the Senate; delete provision for all at-large members to be appointed by the Legislative Research Commission and confirmed by the House 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 three Senators appointed by the President, two Senators in the minority party appointed by the Minority Floor Leader in the Senate, three Representative appointed by the Speaker, two Representatives in the minority party appointed by the Minority Floor Leader in the House, 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; direct that vacancies be filled by the original appointing authority; 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; grant the subcommittee the powers of subpoena of persons and documents and administering oaths to witnesses appearing before the subcommittee; 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; direct the Transportation Cabinet to begin the routine reporting to the subcommittee on July 1, 2003, for all projects bid or funds expended on or after July 1, 2003; permit the subcommittee to request information on any project prior to July 1, 2003; 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, relating to the Legislative Compensation Commission, and KRS 13A.032 and 13A.333, relating to the effect of findings of deficiency and expiration of deficient regulations; EMERGENCY.
SB 221 - AMENDMENTS
SCS - Retain original provisions except delete the Transportation Oversight Subcommittee's procedures relating to the transfer of funds from the highway construction contingency account to any project and procedures for review of any proposed contract for a project; insert new procedures for subcommittee notification and review of any funds transferred to any project from the highway construction contingency account; establish new procedures for the subcommittee to review all contracts awarded by the cabinet and all relevant accompanying documentation; make technical change.
HCS (1) - Retain original provisions of the GA copy except: provide that the Governor shall not repeal any statute through an executive order; provide that every executive order in effect at the end of a Governor's final term of office shall expire thirty days thereafter; change from ninety days to thirty days the amount of time until an executive order shall expire; amend KRS 13A.335 to exclude from the legislation on deficient regulations to be introduced if the provisions that gave rise to the deficiency are required by state, federal, or court decision; amend KRS 6.905 to allow the LRC, when a study is to be performed by the Legislative Program Review and Investigations Committee, to appoint the chair of the committee of relevant jurisdiction in the House and Senate and that the minority floor leaders of each chamber each appoint a member; amend KRS 6.940 to remove the penalty of a Class A misdemeanor and set it as a violation of the Executive Branch Ethics Code of Ethics; allow the LRC, upon request of the committee on a specific matter, to delegate to the committee its powers granted under KRS 7.110(1); delete the provisions changing the membership on the permanent subcommittees of the Administrative Regulation Review Subcommittee, the Governmental Contract Review Committee, and the Capital Projects and Bond Oversight Committee of the LRC; delete the provisions creating the new membership of the Education Assessment and Accountability Review Subcommittee; amend KRS 45A.030 to add definitions for certain terms; amend KRS 45A.095 to require the Finance and Administration Cabinet to maintain certain records and to report biennially to the Government Contract Review Committee certain information regarding sole source, emergency, and nonfeasibility of competition contracts; rigorously examine all requirements for a sole source exemption; develop renewal policies and procedures for sole source contracts which limit renewals to no more than two consecutive renewals unless the contract has been offered for competitive bid; permit the Government Contract Review Committee to require additional information under certain circumstances; amend KRS 45A.690 to clarify the proper use of memoranda of agreement; amend KRS 45A.695 to require that documented evidence of cost effectiveness and a detailed statement of the monitoring plan for personal service contracts in an amount over $40,000 be included on a proof of necessity; amend KRS 45A.705 to give the Government Contract Review Committee the authority to audit the results of certain contracts after the committee has voted to approve such an audit; to require the committee to develop a methodology for identifying contracts to audit; to delete certain reporting requirements; create new sections of KRS Chapter 45A to require the Finance and Administration Cabinet to provide and make available to the Government Contract Review Committee and committee's staff full electronic access to the cabinet's procurement database, including specific functions and capabilities; prohibit an agency of the Commonwealth from entering into any contractual agreement in which the agency is not an original party to that agreement; prohibit contract payments which cannot be associated with a specific contract in the statewide accounting system database; require the Finance and Administration Cabinet to establish and maintain a procurement training program; develop policies and procedures to govern travel reimbursement for service contractors; create a Web site designated and maintained for certain specified purposes; develop a contractor-assessment rating scale for use by all agencies; promulgate administrative regulations to govern contractor-assessment ratings; provide training for all state agencies on the necessity of adequate contract monitoring; create new sections of KRS Chapter 45A to require the secretaries of the Finance and Administration Cabinet and the Personnel Cabinet and the executive director of the Kentucky Employee Retirement Systems to establish certain contracting guidelines and to address the conditions under which service contracts may include nonfederal benefits that are normally associated with regular state employment; mandate that the Attorney General has the right of first refusal on legal service contracts; and amend KRS 45A.285 and 45A.290 to conform; amend KRS 248.723(13) to provide that a violation of the section is a violation of the Executive Branch Ethics Code; delete the provisions regarding the membership on the Kentucky Long-Term Policy Research Commission; delete the provisions establishing within the LRC the permanent Transportation Oversight Subcommittee and all conforming amendments pertaining to the subcommittee; create a new section in KRS Chapter 7 to set the beginning of the interim of the LRC as June 1 and ending as December 1; set procedures and specify that the most recent interim joint committee structure shall include an Interim Joint Committee on Seniors, Veterans, Military Affairs, and Public Protection; amend KRS 7.090 to state that any committee action of the Commission shall require the affirmative roll call vote of a majority of the Commission's entire membership; provide that House or Senate bills may be pre-filed or approved as pre-filed by an interim joint committee if it receives the affirmative vote of a majority of its respective members on the interim joint committee.
HCS (2) - Retain the provisions of SB 221/HCS 1 except require that executive orders that the Governor does not continue in effect or revoke or repeal shall expire on October 31, 2003 rather than October 1, 2003; provide that every executive order in effect at the end of a Governor's term of office shall expire ninety days thereafter rather than thirty days; provide that administrative bodies created by an executive order, a statewide elected official, or by administrative order shall expire in ninety days rather than thirty; provide that the secretary of the Finance and Administration Cabinet may approve a request by the cabinet issuing a sole source contract to renew the contract for additional periods after the second consecutive renewal if the secretary determines that the contractor's performance merits renewal, if it is cost effective for the state, and if the renewal will result in a long-term benefit to the state; require the secretary's determination to be reported to the Government Contracts and Review Committee; make technical corrections in Sections 20 and 21 relating to the application of the rating scale to apply to purchasing agencies, as defined in KRS 45A.030, rather than state agencies in general.
HCS (3) - Delete all language in SB 221/GA and insert in lieu thereof the following provisions relating to legislative committees: Amend KRS 6.905 (Program Review and Investigations Committee), to provide for the election of co-chairs, joint responsibilities of the co-chairs regarding meetings, a quorum consisting of the majority of the entire committee membership, requirement for committee actions to be taken by vote of a majority of its entire membership, and the appointment of certain members from the interim joint committee of relevant jurisdiction when a study is instituted; amend KRS 6.940 (Medicaid Managed Care Oversight Advisory Committee), KRS 158.647 (Education Assessment and Accountability Review Subcommittee), and KRS 248.723 (Tobacco Settlement Agreement fund Oversight Committee) to provide for the appointment of majority members by the President of the Senate and the Speaker of the House and minority party members by the Minority Floor Leaders in each chamber, the election of co-chairs, joint responsibilities of the co-chairs regarding meetings, a quorum consisting of a constitutional majority, and the requirement for committee actions to be taken by a vote of a majority of its entire membership; amend KRS 13A.020 (Administrative Regulation Review Subcommittee), KRS 45.790 (Capital Projects and Bond Oversight Committee), and KRS 45A.705 (Government Contract Review Committee) to provide for an increase in membership from 7 to 8, the appointment of majority members by the President of the Senate and the Speaker of the House and minority party members by the Minority Floor Leaders in each chamber, the election of co-chairs, joint responsibilities of the co-chairs regarding meetings, a quorum consisting of a constitutional majority, and the requirement for committee actions to be taken by a vote of a majority of its entire membership; amend KRS 7A.110 (Capital Planning Advisory Board) to provide for an increase in membership from 15 to 16, the designation of co-chairs by the President of the Senate and the Speaker of the House, the appointment of one at-large public member each by the President of the Senate and the speaker of the House, joint responsibilities of the co-chairs regarding meetings, a quorum consisting of a constitutional majority, and the requirement for committee actions to be taken by a vote of a majority of its entire membership; amend KRS 7B.030 (Kentucky Long-Term Policy Research Center Board) to provide for the appointment of majority members by the President of the Senate and the Speaker of the House and minority party members by the Minority Floor Leaders in each chamber, removal of requirement for House and Senate confirmation of legislative appointments, a quorum consisting of a constitutional majority, and the requirement for committee actions to be taken by a vote of a majority of its entire membership; create a new section of KRS Chapter 7 to establish the meeting schedule for interim joint committees of the Legislative Research Commission; permit the Commission, by an affirmative vote of a majority of its membership, to alter the beginning and concluding dates of the interim, authorize any additional meeting of any interim joint committee, or disapprove any meeting of any interim joint committee; provide for joint responsibilities of the co-chairs of interim joint committees regarding meetings; permit each co-chair, if they cannot agree on convening a monthly meeting, to convene a meeting of the interim joint committee members who are members of the co-chair's chamber, with the agreement of the presiding officer of the co-chair's chamber; limit such meetings to three by each co-chair in a calendar year; define "interim joint committees"; amend KRS 7.090 (Legislative Research Commission) to require that any vacancy on the Commission be filled by the remaining members who are of the same chamber membership and political party affiliation as the person having vacated Commission membership; direct that any action of the Commission require an affirmative roll call vote of a majority of the Commission's entire membership; permit the prefiling of a Senate bill by an interim joint committee if it receives the affirmative votes of a majority of the Senate members of the committee; permit the prefiling of a House of Representatives bill by an interim joint committee if it receives the affirmative votes of a majority of the House members on the committee; prohibit an interim joint committee from pre-filing a bill in any other manner; authorize the President of the Senate and the Speaker of the House of Representatives to approve the in-state and out-of-state per diem and expenses for members of their respective chambers; repeal KRS 6.226, 6.227, 6.228, and 6.229 relating to the Legislative Compensation Commission, and KRS 13A.032 and 13A.333, relating to the effect of findings of deficiency and expiration of deficient regulations; EMERGENCY.
HFA (1, J. Coleman) - Amend KRS 12.210 to require consultation with the Attorney General before state government employs an outside attorney; amend KRS 12.213 to provide that employment of legal defense of government be done with the advice of the Attorney General.
HFA (2, J. Coleman) - Amend KRS 12.210 to require consultation with Attorney General before state government employs outside attorney; amend KRS 12.213 to provide that outside employment of legal defense for government employees be done with the advice of the Attorney General.
Feb 18-introduced in Senate
Feb 19-to State and Local Government (S)
Feb 25-reported favorably, 1st reading, to Calendar with Committee Substitute
Feb 26-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Thursday, February 27, 2003
Feb 27-3rd reading, passed 34-1 with Committee Substitute
Feb 28-received in House
Mar 3-to State Government (H); posted in committee; posting waived
Mar 5-reported favorably, 1st reading, to Calendar; recommitted to State Government (H)
Mar 6-2nd reading, to Rules; reported favorably, to Rules with Committee Substitute ; recommitted to State Government (H)
Mar 10-reported favorably, to Rules with Committee Substitute (2) ; floor amendment (1) filed to Committee Substitute ; posted for passage in the Regular Orders of the Day for Tuesday, March 11, 2003
Mar 24-floor amendment (2) filed to Committee Substitute (2)
Mar 25-taken from the Regular Orders of the Day; recommitted to State Government (H); reported favorably, to Rules with Committee Substitute (3) ; 3rd reading, passed 76-14 with Committee Substitute (3) ; received in Senate; posted for passage for concurrence in House Committee Substitute (3) ; Senate concurred in House Committee Substitute (3) ; passed 31-0; enrolled, signed by each presiding officer; delivered to Governor
Mar 31-signed by Governor (Acts ch. 185)
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