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Code · Kentucky · Kentucky Revised Statutes

13A.250 Consideration of costs to local and state government and to regulated

524 words·~2 min read·/ky/13a-250

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entities -- Fiscal note.
(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.
(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, email 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, email 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)Whether the administrative regulation was expressly authorized by an act of
the General Assembly, and if so, identification of the act;
(e)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;
(f)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 and any subsequent
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
(g)1. The conclusion of the promulgating administrative body as to whether
the administrative regulation will have a major economic impact on state
and local government and regulated entities for the first full year the
administrative regulation will be in effect and for subsequent years if
different; and
2. An explanation of the methodology and resources used by the
administrative body to reach this conclusion.
(4)If an administrative body files an amendment to an administrative regulation
pursuant to KRS 13A.320(3) for a legislative committee meeting, the administrative
body shall:
(a)Consider the cost of the amendment as established in subsection
(2)of this
section; and
(b)Prepare and submit a fiscal note as established in subsection
(3)of this
section.
(5)Any administrative body may request the advice and assistance of the Commission
in the preparation of the fiscal note.
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