AN ACT relating to deficient administrative regulations and declaring an emergency.
Summary
SB65 is a Kentucky act aimed at addressing specific administrative regulations that the General Assembly found deficient under KRS 13A.030. The bill targets one proposed ordinary amendment to 907 KAR 23:010, the Outpatient Pharmacy Program, and two emergency regulations in the tobacco licensing area, 804 KAR 13:020E and 804 KAR 13:030E. For each identified regulation, the bill either causes the proposed rule to expire, or if already adopted, makes the regulation null, void, and unenforceable as of the act’s effective date.
The bill also imposes a temporary prohibition on the administrative body from promulgating regulations that are identical or substantially the same as the identified rules for a set period running from January 6, 2026, through June 1, 2027. It further directs that the referenced proposed and emergency regulations remain available to the public through the Legislative Research Commission’s regulations compiler. The act declares an emergency, making it effective immediately upon passage and approval or otherwise becoming law.
Impact
SB65 affects Kentucky administrative law by invalidating specific deficient regulations and limiting the affected agencies’ ability to reissue substantially similar rules for a defined period. It directly impacts the outpatient pharmacy program regulation and tobacco, nicotine, or vapor product licensing regulations, including application forms and denial criteria. The bill reinforces legislative oversight of administrative rulemaking and uses statutory authority to block enforcement of rules found deficient by the Legislative Research Commission.
Sentiment
The bill appears to have received generally favorable support, as reflected by strong passage margins in both chambers and subsequent veto-override votes. The Senate and House both voted to override the veto, indicating broad legislative agreement that the identified regulations should not remain in effect. The emergency clause and immediate effective date also suggest lawmakers viewed the issue as urgent and tied to preserving legislative intent in regulatory policy.
Contention
The main point of contention is the Legislature’s decision to nullify agency regulations and bar the agencies from re-promulgating similar rules for more than a year, which limits administrative discretion. The affected subject areas—outpatient pharmacy administration and tobacco, nicotine, or vapor product licensing—likely involve policy disputes over regulatory scope, licensing standards, and enforcement authority. The recorded nays in both chambers indicate some opposition, likely from members concerned about legislative interference with agency rulemaking or the practical effects on regulated industries and public health enforcement.
Relating to the implementation of an instructionally supportive assessment program and the adoption and administration of assessment instruments in public schools.