Kentucky Statutes 13A.240 – Regulatory impact analysis
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(1) Every administrative body shall prepare and submit to the Legislative Research Commission an original and five (5) duplicate copies of a regulatory impact analysis for every administrative regulation when it is filed with the Commission. The regulatory impact analysis shall include the following information:
(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 regulatory impact analysis;
(c) A brief narrative summary of:
1. What the administrative regulation does;
2. The necessity of the administrative regulation;
3. How the administrative regulation conforms to the content of the authorizing statutes; and
4. How the administrative regulation currently assists or will assist in the effective administration of the statutes;
(d) If this is an amendment to an existing administrative regulation, a brief narrative summary of:
1. How the amendment will change the existing administrative regulation;
2. The necessity of the amendment to the administrative regulation;
3. How the amendment conforms to the content of the authorizing statutes;
and
4. How the amendment to the administrative regulation will assist in the effective administration of the statutes;
(e) The type and number of individuals, businesses, organizations, or state and local governments affected by the administrative regulation;
(f) An analysis of how the entities referenced in paragraph (e) of this subsection will be impacted by either the implementation of this administrative regulation, if new, or by the change if it is an amendment to an existing administrative regulation. The analysis shall include but not be limited to:
1. A detailed explanation of the actions the entities referenced in paragraph (e) of this subsection will be required to undertake in order to comply with the proposed administrative regulation;
2. An estimate of the costs imposed on entities referenced in paragraph (e) of this subsection in order to comply with the proposed administrative regulation; and
3. The benefits that may accrue to the entities referenced in paragraph (e)
of this subsection as a result of compliance;
(g) An estimate of how much it will cost the administrative body to implement
this administrative regulation, both initially and on a continuing basis;
(h) The source of the funding to be used for the implementation and enforcement of the administrative regulation;
(i) An assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation or amendment to an existing administrative regulation;
(j) A statement as to whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees; and
(k) The tiering statement required by KRS § 13A.210.
(2) The Legislative Research Commission shall review all regulatory impact analyses submitted by all administrative bodies, and may require any administrative body to submit background data upon which the information required by subsection (1) of this section is based, and an explanation of how the data was gathered.
Effective: July 15, 2016
History: Amended 2016 Ky. Acts ch. 82, sec. 21, effective July 15, 2016. — Amended
2006 Ky. Acts ch. 166, sec. 1, effective July 12, 2006. — Amended 2005 Ky. Acts ch.
100, sec. 13, effective June 20, 2005. — Amended 2000 Ky. Acts ch. 406, sec. 14, effective July 14, 2000. — Amended 1994 Ky. Acts ch. 410, sec. 17, effective July
15, 1994. — Created 1984 Ky. Acts ch. 417, sec. 24, effective April 13, 1984.
(a) The number of the administrative regulation;
Terms Used In Kentucky Statutes 13A.240
- 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
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Commission: means the Legislative Research Commission. See Kentucky Statutes 13A.010
- Proposed administrative regulation: means an administrative regulation that: (a) Has been filed by an administrative body. 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
- Tiering: means the tailoring of regulatory requirements to fit the particular circumstances surrounding regulated entities. See Kentucky Statutes 13A.010
(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 regulatory impact analysis;
(c) A brief narrative summary of:
1. What the administrative regulation does;
2. The necessity of the administrative regulation;
3. How the administrative regulation conforms to the content of the authorizing statutes; and
4. How the administrative regulation currently assists or will assist in the effective administration of the statutes;
(d) If this is an amendment to an existing administrative regulation, a brief narrative summary of:
1. How the amendment will change the existing administrative regulation;
2. The necessity of the amendment to the administrative regulation;
3. How the amendment conforms to the content of the authorizing statutes;
and
4. How the amendment to the administrative regulation will assist in the effective administration of the statutes;
(e) The type and number of individuals, businesses, organizations, or state and local governments affected by the administrative regulation;
(f) An analysis of how the entities referenced in paragraph (e) of this subsection will be impacted by either the implementation of this administrative regulation, if new, or by the change if it is an amendment to an existing administrative regulation. The analysis shall include but not be limited to:
1. A detailed explanation of the actions the entities referenced in paragraph (e) of this subsection will be required to undertake in order to comply with the proposed administrative regulation;
2. An estimate of the costs imposed on entities referenced in paragraph (e) of this subsection in order to comply with the proposed administrative regulation; and
3. The benefits that may accrue to the entities referenced in paragraph (e)
of this subsection as a result of compliance;
(g) An estimate of how much it will cost the administrative body to implement
this administrative regulation, both initially and on a continuing basis;
(h) The source of the funding to be used for the implementation and enforcement of the administrative regulation;
(i) An assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation or amendment to an existing administrative regulation;
(j) A statement as to whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees; and
(k) The tiering statement required by KRS § 13A.210.
(2) The Legislative Research Commission shall review all regulatory impact analyses submitted by all administrative bodies, and may require any administrative body to submit background data upon which the information required by subsection (1) of this section is based, and an explanation of how the data was gathered.
Effective: July 15, 2016
History: Amended 2016 Ky. Acts ch. 82, sec. 21, effective July 15, 2016. — Amended
2006 Ky. Acts ch. 166, sec. 1, effective July 12, 2006. — Amended 2005 Ky. Acts ch.
100, sec. 13, effective June 20, 2005. — Amended 2000 Ky. Acts ch. 406, sec. 14, effective July 14, 2000. — Amended 1994 Ky. Acts ch. 410, sec. 17, effective July
15, 1994. — Created 1984 Ky. Acts ch. 417, sec. 24, effective April 13, 1984.