Kentucky 2022 Regular Session Status: Passed House 2 R cosponsors

HB 337 — AN ACT relating to legislative committees and declaring an emergency.

Last action — returned to State & Local Government (S)

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2022 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Amend KRS 13A.330, relating to administrative regulation deficiency findings, to grant an administrative body 10 days to appeal a legislative committee's deficiency finding to the Attorney General; allow the Attorney General 20 days after receipt of the appeal to uphold or overrule the deficiency finding; withdraw or nullify a regulation automatically if the appeal is not filed or the deficiency finding is upheld; authorize the Governor to act on the regulation if the deficiency finding is overruled; prohibit an administrative body from promulgating an identical or substantially similar regulation for at least one year after a deficiency finding was upheld; repeal and reenact KRS 45A.705, relating to government contract review; amend KRS 13A.190, 13A.315, 13A.335, 13A.336, and 15.020 to conform; EMERGENCY.

Bill Text

What changed in the latest version

384 added · 479 removed

384 line(s) added, 479 removed.

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UNOFFICIAL COPY 22 RS BR 443 AN ACT relating to legislative committees and declaring an emergency.
UNOFFICIAL COPY 22 RS HB 337/GA AN ACT relating to legislative committees and declaring an emergency.
Page 1 of 20 BR044300.100 - 443 - XXXX Jacketed UNOFFICIAL COPY 22 RS BR 443 (d) 1.
Page 1 of 17 HB033710.100 - 443 - XXXX GA UNOFFICIAL COPY 22 RS HB 337/GA (d) 1.
(b) If an administrative body extends the time for filing a statement of consideration for an ordinary administrative regulation as provided by KRS 13A.280(2)(b), an emergency administrative regulation shall remain in effect for two hundred seventy (270) days after the date of filing plus the number of days extended under the provisions of KRS 13A.280(2)(b) or when the same matter filed as an ordinary administrative regulation filed for review is Page 2 of 20 BR044300.100 - 443 - XXXX Jacketed UNOFFICIAL COPY 22 RS BR 443 adopted, whichever occurs first.
(b) If an administrative body extends the time for filing a statement of consideration for an ordinary administrative regulation as provided by KRS 13A.280(2)(b), an emergency administrative regulation shall remain in effect for two hundred seventy (270) days after the date of filing plus the number of days extended under the provisions of KRS 13A.280(2)(b) or when the same matter filed as an ordinary administrative regulation filed for review is Page 2 of 17 HB033710.100 - 443 - XXXX GA UNOFFICIAL COPY 22 RS HB 337/GA adopted, whichever occurs first.
Page 3 of 20 BR044300.100 - 443 - XXXX Jacketed UNOFFICIAL COPY 22 RS BR 443 1.
Page 3 of 17 HB033710.100 - 443 - XXXX GA UNOFFICIAL COPY 22 RS HB 337/GA 1.
The fifth copy of each Page 4 of 20 BR044300.100 - 443 - XXXX Jacketed UNOFFICIAL COPY 22 RS BR 443 emergency administrative regulation shall not be stapled.
The fifth copy of each emergency Page 4 of 17 HB033710.100 - 443 - XXXX GA UNOFFICIAL COPY 22 RS HB 337/GA administrative regulation shall not be stapled.
(b) If an emergency administrative regulation has been withdrawn, the ordinary administrative regulation that was filed with it shall not expire unless the administrative body informs the regulations compiler that the ordinary Page 5 of 20 BR044300.100 - 443 - XXXX Jacketed UNOFFICIAL COPY 22 RS BR 443 administrative regulation is also withdrawn.
(b) If an emergency administrative regulation has been withdrawn, the ordinary administrative regulation that was filed with it shall not expire unless the administrative body informs the regulations compiler that the ordinary administrative regulation is also withdrawn.
(c) If an emergency administrative regulation is withdrawn, the administrative body shall inform the regulations compiler of the reasons for withdrawal in writing.
Page 5 of 17 HB033710.100 - 443 - XXXX GA UNOFFICIAL COPY 22 RS HB 337/GA (c) If an emergency administrative regulation is withdrawn, the administrative body shall inform the regulations compiler of the reasons for withdrawal in writing.
(b) The Governor shall notify the regulations compiler in writing and by Page 6 of 20 BR044300.100 - 443 - XXXX Jacketed UNOFFICIAL COPY 22 RS BR 443 telephone if[that] he or she has determined under paragraph (a)2.
(b) The Governor shall notify the regulations compiler in writing and by telephone if[that] he or she has determined under paragraph (a)2.
of this subsection that the administrative regulation found deficient shall be withdrawn.
of this Page 6 of 17 HB033710.100 - 443 - XXXX GA UNOFFICIAL COPY 22 RS HB 337/GA subsection that the administrative regulation found deficient shall be withdrawn.
(b) The Attorney General shall transmit this determination to the Governor, the Page 7 of 20 BR044300.100 - 443 - XXXX Jacketed UNOFFICIAL COPY 22 RS BR 443 Commission, and the regulations compiler.
(b) The Attorney General shall transmit this determination to the Governor, the Commission, and the regulations compiler.
(c) The administrative regulation shall be automatically withdrawn and shall cease going through the administrative regulations process:
Page 7 of 17 HB033710.100 - 443 - XXXX GA UNOFFICIAL COPY 22 RS HB 337/GA (c) The administrative regulation shall be automatically withdrawn and shall cease going through the administrative regulations process:
Page 8 of 20 BR044300.100 - 443 - XXXX Jacketed UNOFFICIAL COPY 22 RS BR 443 and c.[b.]The regulations compiler has received the Governor's determination that the administrative regulation shall become effective pursuant to the provisions of this section notwithstanding the finding of deficiency;
and Page 8 of 17 HB033710.100 - 443 - XXXX GA UNOFFICIAL COPY 22 RS HB 337/GA c.[b.]The regulations compiler has received the Governor's determination that the administrative regulation shall become effective pursuant to the provisions of this section notwithstanding the finding of deficiency;
(b) If the finding of deficiency is overruled by the Attorney General, the Governor shall transmit his or her determination to the Commission and the Page 9 of 20 BR044300.100 - 443 - XXXX Jacketed UNOFFICIAL COPY 22 RS BR 443 regulations compiler.
(b) If the finding of deficiency is overruled by the Attorney General, the Governor shall transmit his or her determination to the Commission and the regulations compiler.
(c) The legislative committee that found the emergency administrative regulation deficient may subsequently determine that it is not deficient provided that this determination was made prior to:
Page 9 of 17 HB033710.100 - 443 - XXXX GA UNOFFICIAL COPY 22 RS HB 337/GA (c) The legislative committee that found the emergency administrative regulation deficient may subsequently determine that it is not deficient provided that this determination was made prior to:
Page 10 of 20 BR044300.100 - 443 - XXXX Jacketed UNOFFICIAL COPY 22 RS BR 443 (5) (a) If an effective ordinary administrative regulation has been found deficient by a legislative committee, the legislative committee shall transmit to the Attorney General, the Governor, and the regulations compiler:
(5) (a) If an effective ordinary administrative regulation has been found deficient by a Page 10 of 17 HB033710.100 - 443 - XXXX GA UNOFFICIAL COPY 22 RS HB 337/GA legislative committee, the legislative committee shall transmit to the Attorney General, the Governor, and the regulations compiler:
Page 11 of 20 BR044300.100 - 443 - XXXX Jacketed UNOFFICIAL COPY 22 RS BR 443 Section 4.
Section 4.
(1) (a) A filed administrative regulation found deficient by a legislative committee shall not be considered deficient if:
Page 11 of 17 HB033710.100 - 443 - XXXX GA UNOFFICIAL COPY 22 RS HB 337/GA (1) (a) A filed administrative regulation found deficient by a legislative committee shall not be considered deficient if:
Page 12 of 20 BR044300.100 - 443 - XXXX Jacketed UNOFFICIAL COPY 22 RS BR 443 a.[1.]Reconsiders the administrative regulation and its finding of deficiency;
a.[1.]Reconsiders the administrative regulation and its finding of Page 12 of 17 HB033710.100 - 443 - XXXX GA UNOFFICIAL COPY 22 RS HB 337/GA deficiency;
"This Page 13 of 20 BR044300.100 - 443 - XXXX Jacketed UNOFFICIAL COPY 22 RS BR 443 administrative regulation was found deficient by the [name of legislative committee] on [date]." This notice shall be the last section of the administrative regulation.
"This administrative regulation was found deficient by the [name of legislative Page 13 of 17 HB033710.100 - 443 - XXXX GA UNOFFICIAL COPY 22 RS HB 337/GA committee] on [date]." This notice shall be the last section of the administrative regulation.
(3) The report shall contain at least the following information for each administrative Page 14 of 20 BR044300.100 - 443 - XXXX Jacketed UNOFFICIAL COPY 22 RS BR 443 regulation in the report:
(3) The report shall contain at least the following information for each administrative regulation in the report:
(a) Administrative regulation number and title;
Page 14 of 17 HB033710.100 - 443 - XXXX GA UNOFFICIAL COPY 22 RS HB 337/GA (a) Administrative regulation number and title;
(1) The Attorney General is the chief law officer of the Commonwealth of Kentucky and all of its departments, commissions, agencies, and political subdivisions, and the legal adviser of all state officers, departments, commissions, and agencies, and when requested in writing shall furnish to them his or her written opinion touching any of their official duties, and shall prepare proper drafts of all instruments of writing required for public use, and shall exercise all common law duties and Page 15 of 20 BR044300.100 - 443 - XXXX Jacketed UNOFFICIAL COPY 22 RS BR 443 authority pertaining to the office of the Attorney General under the common law, except when modified by statutory enactment.
(1) The Attorney General is the chief law officer of the Commonwealth of Kentucky and all of its departments, commissions, agencies, and political subdivisions, and the legal adviser of all state officers, departments, commissions, and agencies, and when requested in writing shall furnish to them his or her written opinion touching any of their official duties, and shall prepare proper drafts of all instruments of writing required for public use, and shall exercise all common law duties and authority pertaining to the office of the Attorney General under the common law, Page 15 of 17 HB033710.100 - 443 - XXXX GA UNOFFICIAL COPY 22 RS HB 337/GA except when modified by statutory enactment.
(5) If any funds of any kind or nature whatsoever are recovered by or on behalf of the Page 16 of 20 BR044300.100 - 443 - XXXX Jacketed UNOFFICIAL COPY 22 RS BR 443 Commonwealth, in any action, including an ex rel.
(5) If any funds of any kind or nature whatsoever are recovered by or on behalf of the Commonwealth, in any action, including an ex rel.
action where the Attorney General has entered an appearance or is a party according to statutory or common law authority, those funds shall be handled under KRS 48.005.
action where the Attorney Page 16 of 17 HB033710.100 - 443 - XXXX GA UNOFFICIAL COPY 22 RS HB 337/GA General has entered an appearance or is a party according to statutory or common law authority, those funds shall be handled under KRS 48.005.
KRS 45A.705 is repealed and reenacted to read as follows:
Whereas the Administrative Regulation Review Subcommittee is a statutory committee meeting monthly and addressing items brought before it at those meetings, and it is imperative to ensure that the mechanisms involving administrative regulations are effectual, an emergency is declared to exist, and this Act takes effect upon its passage and approval by the Governor or upon its otherwise becoming a law.
(1) There is hereby created a permanent committee of the Legislative Research Commission to be known as the Government Contract Review Committee.
Page 17 of 17 HB033710.100 - 443 - XXXX GA
The committee shall be composed of eight (8) members appointed as follows:
three (3) members of the Senate appointed by the President of the Senate;
one (1) member of the minority party in the Senate appointed by the Minority Floor Leader in the Senate;
three (3) members of the House of Representatives appointed by the Speaker of the House of Representatives;
and one (1) member of the minority party in the House of Representatives appointed by the Minority Floor Leader in the House of Representatives.
Members shall serve for terms of two (2) years, and the members appointed from each chamber shall elect one (1) member from their chamber to serve as co-chair.
Any vacancy that may occur in the membership of the committee shall be filled by the appointing authority who made the original appointment.
(2) On an alternating basis, each co-chair shall have the first option to set the monthly meeting date.
A monthly meeting may be canceled by agreement of both co-chairs.
The co-chairs shall have joint responsibilities for committee meeting agendas and presiding at committee meetings.
A majority of the entire membership of the Government Contract Review Committee shall constitute a quorum, and all actions of the committee shall be by vote of a majority of its entire membership.
The members of the committee shall be compensated for attending meetings, as provided in KRS 7.090(3).
(3) Any professional, clerical, or other employees required by the committee shall be provided in accordance with the provisions of KRS 7.090(4) and (5).
Page 17 of 20 BR044300.100 - 443 - XXXX Jacketed UNOFFICIAL COPY 22 RS BR 443 (4) All proposed personal service contracts, tax incentive agreements, and memoranda of agreement received by the Legislative Research Commission shall be submitted to the committee to:
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(a) Examine the stated need for the service or benefit to the Commonwealth of the motion picture or entertainment production;
(b) Examine whether the service could or should be performed by state personnel, for personal service contracts and memoranda of agreement;
(c) Examine the amount and duration of the contract or agreement;
and (d) Examine the appropriateness of any exchange of resources or responsibilities.
(5) If the committee determines that the contract service or agreement, other than an emergency contract approved by the secretary of the Finance and Administration Cabinet or his or her designee, is not needed or inappropriate, the motion picture or entertainment production is not beneficial or is inappropriate, the service could or should be performed by state personnel, the amount or duration is excessive, or the exchange of resources or responsibilities are inappropriate, the committee shall attach a written notation of the reasons for its disapproval or objection to the personal service contract, tax incentive agreement, or memorandum of agreement and shall return the personal service contract, tax incentive agreement, or memorandum of agreement to the secretary of the Finance and Administration Cabinet or his or her designee.
The committee shall act on a personal service contract, tax incentive agreement, or memorandum of agreement submitted to the Legislative Research Commission within forty-five (45) days of the date received.
(6) Upon receipt of the committee's disapproval or objection to a personal service contract, tax incentive agreement, or memorandum of agreement, the secretary of the Finance and Administration Cabinet or his or her designee shall determine whether the personal service contract, tax incentive agreement, or memorandum of agreement shall:
Page 18 of 20 BR044300.100 - 443 - XXXX Jacketed UNOFFICIAL COPY 22 RS BR 443 (a) Be revised to comply with the objections of the committee;
(b) Be canceled and, if applicable, payment allowed for services rendered under the contract or amendment;
or (c) Be appealed within ten (10) days to the State Treasurer, who shall make a final determination within ten (10) days of receipt of the appeal of whether the personal service contract, tax incentive agreement, or memorandum of agreement shall:
1.
Be revised to comply with the objection of the committee;
2.
Be canceled and, if applicable, payment allowed for services already rendered under the contract or amendment;
or 3.
Remain effective as originally submitted.
(7) Contracting bodies shall make annual reports to the committee not later than December 1 of each year.
The committee shall establish reporting procedures for contracting bodies related to personal service contracts, tax incentive agreements, and memoranda of agreement submitted by the secretary of the Finance and Administration Cabinet or his or her designee.
Section 8.
(1) Notwithstanding any statute, administrative regulation, or common law to the contrary, and except as provided in this subsection, appropriations from the general fund, any restricted fund, the road fund, or any federal funds, whether for employee time or any other purpose, shall not be expended by an elected statewide constitutional officer, except the Attorney General, nor by any other state official, employee, or agency, in support of a challenge to the constitutionality of this Act whether supporting in the role of plaintiff, petitioner, party, intervening party, attorney, amicus curiae, or any other capacity.
(2) If the constitutionality of subsection (1) of this section is challenged through litigation, the Attorney General shall be the sole named respondent for the Commonwealth of Kentucky in such litigation and shall consult with the Legislative Page 19 of 20 BR044300.100 - 443 - XXXX Jacketed UNOFFICIAL COPY 22 RS BR 443 Research Commission regarding defense of such litigation.
(3) If any provision of this Act or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
Section 9.
Whereas the Administrative Regulation Review Subcommittee and the Government Contract Review Committee are statutory committees meeting monthly and addressing items brought before them at those meetings, and it is imperative to ensure that the mechanisms involving administrative regulations and those envisioned by the Kentucky General Assembly in 2021 Kentucky Acts Chapter 151, Section 3, are effectual, an emergency is declared to exist, and this Act takes effect upon its passage and approval by the Governor or upon its otherwise becoming a law.
Page 20 of 20 BR044300.100 - 443 - XXXX Jacketed
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Action History

  1. returned to State & Local Government (S)

  2. 2nd reading

  3. taken from State & Local Government (S)

  4. returned to State & Local Government (S)

  5. 1st reading

  6. taken from State & Local Government (S)

  7. to State & Local Government (S)

  8. to Committee on Committees (S)

  9. received in Senate

  10. passed 68-23 with floor amendment (2)

  11. floor amendment (1) ruled not germane

  12. 3rd reading

  13. floor amendment (2) filed

  14. floor amendment (1) filed

  15. posted for passage in the Regular Orders of the Day for Friday, February 11, 2022

  16. 2nd reading, to Rules

  17. reported favorably, 1st reading, to Calendar

  18. to Licensing, Occupations, & Administrative Regulations (H)

  19. to Committee on Committees (H)

  20. introduced in House

Sponsors

Sponsorship breakdown

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2 sponsors · 0 co-sponsors · 136 not signed on · 11 voted No

Sponsors (2)

Co-sponsors (0)

None.

Not signed on (136)

136 members have not signed on to this bill.

Show all 136 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Pass

Passed 68 Yea · 23 Nay · 5 Other
Party YeaNayPresentNot Voting
Republican 48103
Unaffiliated 201402
Democrat 0800
Total 682305
% of votes cast 71%24%0%5%
How each member voted (96)
Member Party Vote
Santoro — Yea
Bechler — Yea
Fischer — Yea
Bentley — Yea
Nemes — Yea
Sheldon — Yea
Smith — Yea
Koenig — Yea
Thomas — Yea
Pratt — Yea
Timoney — Yea
Prunty — Yea
Massey — Yea
McCoy — Yea
Webber — Yea
Dixon — Yea
Rowland — Yea
Graham — Nay
Scott — Nay
Westrom — Nay
Burch — Nay
Hatton — Nay
Minter — Nay
Wheatley — Nay
Donohue — Nay
Jenkins — Nay
Palumbo — Nay
Flood — Nay
Raymond — Nay
Cantrell — Not Voting
Meredith — Not Voting
Huff R — Yea
Kirk McCormick — Yea
Miller C — Nay
Miller J — Yea
Stevenson C — Nay
Al Gentry Democrat Nay
Ashley Tackett Laferty Democrat Nay
George Brown Jr. Democrat Nay
Lisa Willner Democrat Nay
Mary Lou Marzian Democrat Nay
Nima Kulkarni Democrat Nay
Pamela Stevenson Democrat Nay
Tina Bojanowski Democrat Nay
Aaron Reed Republican Yea
Adam Bowling Republican Yea
Bill Wesley Republican Yea
Chris Freeland Republican Yea
Chris Fugate Republican Not Voting
DJ Johnson Republican Yea
Daniel Elliott Republican Yea
Daniel Fister Republican Yea
David Hale Republican Yea
David Meade Republican Yea
David W. Osborne Republican Yea
Deanna Gordon Republican Yea
Derek Lewis Republican Yea
Felicia Rabourn Republican Yea
James Tipton Republican Yea
Jason Petrie Republican Yea
Jennifer Decker Republican Yea
Jim Gooch Jr. Republican Yea
John Blanton Republican Yea
Josh Branscum Republican Yea
Josh Bray Republican Yea
Josh Calloway Republican Yea
Ken Fleming Republican Yea
Ken Upchurch Republican Yea
Kim Banta Republican Yea
Kim King Republican Yea
Kimberly Poore Moser Republican Yea
Mark Hart Republican Yea
Mary Beth Imes Republican Yea
Matt Lockett Republican Yea
Matthew Koch Republican Yea
Michael Sarge Pollock Republican Yea
Myron Dossett Republican Yea
Nancy Tate Republican Yea
Patrick Flannery Republican Yea
Randy Bridges Republican Yea
Richard White Republican Not Voting
Ryan Dotson Republican Yea
Samara Heavrin Republican Yea
Savannah Maddox Republican Yea
Scott Lewis Republican Not Voting
Scott Sharp Republican Yea
Shane Baker Republican Yea
Shawn McPherson Republican Yea
Steve Bratcher Republican Yea
Steve Riley Republican Yea
Steven Rudy Republican Yea
Suzanne Miles Republican Yea
T.J. Roberts Republican Nay
Thomas Huff Republican Yea
Timmy Truett Republican Yea
William Lawrence Republican Yea

Official roll call →

Subjects

elections
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 337 do?
Amend KRS 13A.330, relating to administrative regulation deficiency findings, to grant an administrative body 10 days to appeal a legislative committee's deficiency finding to the Attorney General; allow the Attorney General 20 days after receipt of the appeal to uphold or overrule the deficiency finding; withdraw or nullify a regulation automatically if the appeal is not filed or the deficiency finding is upheld; authorize the Governor to act on the regulation if the deficiency finding is overruled; prohibit an administrative body from promulgating an identical or substantially similar regulation for at least one year after a deficiency finding was upheld; repeal and reenact KRS 45A.705, relating to government contract review; amend KRS 13A.190, 13A.315, 13A.335, 13A.336, and 15.020 to conform; EMERGENCY.
Who sponsors HB 337?
HB 337 is sponsored by David Hale (Republican) and Steven Rudy (Republican).
What is the current status of HB 337?
This bill died with 2022 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 337?
Track HB 337 free on One Click Politics — get push/email alerts when it moves.

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