Kentucky Statutes 13A.250 – Consideration of costs to local and state government and to regulated entities — Fiscal note. (Effective March 15, 2024)
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(1) An administrative body that promulgates an administrative regulation shall consider the cost that the administrative regulation may cause state or local government and regulated entities to incur.
(2) (a) A two (2) part cost analysis shall be completed for each administrative regulation.
(b) The first part of the cost analysis shall include the projected cost or cost savings to the Commonwealth of Kentucky and each of its affected agencies, and the projected cost or cost savings to affected local governments, including cities, counties, fire departments, and school districts.
(c) The second part of the cost analysis shall include the projected cost or cost savings to the regulated entities affected by the administrative regulation.
(d) Agencies or entities affected by the administrative regulation may submit comments in accordance with KRS § 13A.270(1) to the promulgating administrative body or to a legislative committee reviewing the administrative regulation.
(3) Each administrative body that promulgates an administrative regulation shall prepare and submit with the administrative regulation a fiscal note. The fiscal note shall state:
(a) The number of the administrative regulation;
(b) The name, e-mail address, and telephone number of the contact person of the administrative body identified pursuant to KRS § 13A.220(6)(d), and, if applicable, the name, e-mail address, and telephone number of an alternate person to be contacted with specific questions about the fiscal note;
(c) Each unit, part, or division of state or local government the administrative regulation will affect;
(d) In detail, the aspect or service of state or local government to which the administrative regulation relates, including identification of the applicable state or federal statute or regulation that mandates the aspect or service or authorizes the action taken by the administrative regulation;
(e) The estimated effect of the administrative regulation on the expenditures and revenues of a state or local government agency or regulated entity for the first full year the administrative regulation will be in effect. The administrative body shall provide a narrative to explain the fiscal impact of the administrative regulation and the methodology and resources it used to determine the fiscal impact; and
(f) The conclusion of the promulgating administrative body as to whether the administrative regulation will have a major economic impact, as defined in KRS § 13A.010, to state and local government and regulated entities, and an explanation of the methodology and resources used by the administrative body to reach this conclusion.
(4) Any administrative body may request the advice and assistance of the Commission
in the preparation of the fiscal note.
Effective: March 15, 2024
History: Amended 2023 Ky. Acts ch. 122, sec. 11, effective March 15, 2024. — Amended 2022 Ky. Acts ch. 207, sec. 2, effective April 14, 2022. — Amended 2021
Ky. Acts ch. 7, sec. 8, effective February 2, 2021. — Amended 2016 Ky. Acts ch. 82, sec. 22, effective July 15, 2016. — Amended 2012 Ky. Acts ch. 138, sec. 9, effective July 12, 2012. — Amended 2006 Ky. Acts ch. 166, sec. 2, effective July 12, 2006; and ch. 197, sec 1, effective July 12 2006. — Amended 2003 Ky. Acts ch. 89, sec. 12, effective June 24, 2003. — Amended 1994 Ky. Acts ch. 410, sec. 18, effective July
15, 1994. — Created 1984 Ky. Acts ch. 417, sec. 25, effective April 13, 1984.
Legislative Research Commission Note (4/14/2022). This statute was amended by 2022
Ky. Acts ch. 207, sec. 2. Under Section 5 of that Act, the Act shall be known and may be cited as the Kentucky REINS Act, or the Kentucky Regulations from the Executive in Need of Scrutiny Act.
(2) (a) A two (2) part cost analysis shall be completed for each administrative regulation.
Terms Used In Kentucky Statutes 13A.250
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Administrative body: means each state board, bureau, cabinet, commission, department, authority, officer, or other entity, except the General Assembly and the Court of Justice, authorized by law to promulgate administrative regulations. See Kentucky Statutes 13A.010
- Administrative regulation: means each statement of general applicability promulgated by an administrative body that implements, interprets, or prescribes law or policy, or describes the organization, procedure, or practice requirements of any administrative body. See Kentucky Statutes 13A.010
- Commission: means the Legislative Research Commission. See Kentucky Statutes 13A.010
- Federal: refers to the United States. See Kentucky Statutes 446.010
- Legislative committee: means an interim joint committee, a House or Senate standing committee, a statutory committee, or a subcommittee of the Legislative Research Commission. See Kentucky Statutes 13A.010
- Local government: means and includes a city, county, urban-county, charter county, consolidated local government, special district, or a quasi-governmental body authorized by the Kentucky Revised Statutes or a local ordinance. See Kentucky Statutes 13A.010
- Major economic impact: means an overall negative or adverse economic impact from an administrative regulation of five hundred thousand dollars ($500,000) or more on state or local government or regulated entities, in aggregate, as determined by the promulgating administrative bodies. See Kentucky Statutes 13A.010
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Statute: A law passed by a legislature.
- Year: means calendar year. See Kentucky Statutes 446.010
(b) The first part of the cost analysis shall include the projected cost or cost savings to the Commonwealth of Kentucky and each of its affected agencies, and the projected cost or cost savings to affected local governments, including cities, counties, fire departments, and school districts.
(c) The second part of the cost analysis shall include the projected cost or cost savings to the regulated entities affected by the administrative regulation.
(d) Agencies or entities affected by the administrative regulation may submit comments in accordance with KRS § 13A.270(1) to the promulgating administrative body or to a legislative committee reviewing the administrative regulation.
(3) Each administrative body that promulgates an administrative regulation shall prepare and submit with the administrative regulation a fiscal note. The fiscal note shall state:
(a) The number of the administrative regulation;
(b) The name, e-mail address, and telephone number of the contact person of the administrative body identified pursuant to KRS § 13A.220(6)(d), and, if applicable, the name, e-mail address, and telephone number of an alternate person to be contacted with specific questions about the fiscal note;
(c) Each unit, part, or division of state or local government the administrative regulation will affect;
(d) In detail, the aspect or service of state or local government to which the administrative regulation relates, including identification of the applicable state or federal statute or regulation that mandates the aspect or service or authorizes the action taken by the administrative regulation;
(e) The estimated effect of the administrative regulation on the expenditures and revenues of a state or local government agency or regulated entity for the first full year the administrative regulation will be in effect. The administrative body shall provide a narrative to explain the fiscal impact of the administrative regulation and the methodology and resources it used to determine the fiscal impact; and
(f) The conclusion of the promulgating administrative body as to whether the administrative regulation will have a major economic impact, as defined in KRS § 13A.010, to state and local government and regulated entities, and an explanation of the methodology and resources used by the administrative body to reach this conclusion.
(4) Any administrative body may request the advice and assistance of the Commission
in the preparation of the fiscal note.
Effective: March 15, 2024
History: Amended 2023 Ky. Acts ch. 122, sec. 11, effective March 15, 2024. — Amended 2022 Ky. Acts ch. 207, sec. 2, effective April 14, 2022. — Amended 2021
Ky. Acts ch. 7, sec. 8, effective February 2, 2021. — Amended 2016 Ky. Acts ch. 82, sec. 22, effective July 15, 2016. — Amended 2012 Ky. Acts ch. 138, sec. 9, effective July 12, 2012. — Amended 2006 Ky. Acts ch. 166, sec. 2, effective July 12, 2006; and ch. 197, sec 1, effective July 12 2006. — Amended 2003 Ky. Acts ch. 89, sec. 12, effective June 24, 2003. — Amended 1994 Ky. Acts ch. 410, sec. 18, effective July
15, 1994. — Created 1984 Ky. Acts ch. 417, sec. 25, effective April 13, 1984.
Legislative Research Commission Note (4/14/2022). This statute was amended by 2022
Ky. Acts ch. 207, sec. 2. Under Section 5 of that Act, the Act shall be known and may be cited as the Kentucky REINS Act, or the Kentucky Regulations from the Executive in Need of Scrutiny Act.