2 KAR 2:070reg. Advisory opinions

      Section 1. Definition. "Commission" is defined by KRS 6.611(9).

 

      Section 2. Opinions. (1) Commission opinions may be requested as set out in KRS 6.681(1) and (2).

      (2) Commission opinions shall be public as set out in KRS 6.681(4) except that the commission may issue a confidential, unpublished opinion if:

      (a) The person requesting the opinion asks that the opinion not be published and that it be kept confidential; and

      (b) The unique nature of the request and the surrounding facts and circumstances would necessarily reveal the identity of a person associated with the opinion if the opinion were published.

 

JOHN SCHAAF, Executive Director

      APPROVED BY AGENCY: June 15, 2016

      FILED WITH LRC: June 15, 2016 at 11 a.m.

      PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on July 21, 2016 at 9:00 a.m. at the Legislative Ethics Commission, 22 Mill Creek Park, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing five workdays prior to the hearing of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. This hearing is open to the public. Any person who wishes to be heard will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted until close of business, August 1, 2016. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.

      CONTACT PERSON: Kara L. Daniel, Counsel, Kentucky Legislative Ethics Commission, 22 Mill Creek Park, Frankfort, Kentucky 40601, phone [phone], fax [phone].

 

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

 

Contact Person: Kara Daniel

      (1) Provide a brief summary of:

      (a) What this administrative regulation does: This administrative regulation establishes the criteria under which the commission may issue confidential, unpublished advisory opinions about matters covered by the Code of Legislative Ethics.

      (b) The necessity of this administrative regulation: This regulation is necessary to comply with KRS 6.681 and to provide notice of the criteria for issuing confidential opinions.

      (c) How this administrative regulation conforms to the content of the authorizing statutes: The commission is required to promulgate regulations to implement the Code of Legislative Ethics. This regulation sets out criteria that is required by the Code.

      (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: The regulation provides notice of the criteria the commission will use in determining whether to issue a confidential opinion.

      (2) If this is an amendment to an existing administrative regulation, provide a brief summary of:

      (a) How the amendment will change this existing administrative regulation: N/A

      (b) The necessity of the amendment to this administrative regulation: N/A

      (c) How the amendment conforms to the content of the authorizing statutes: N/A

      (d) How the amendment will assist in the effective administration of the statutes: N/A

      (3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: The regulation affects the commission staff, the commission members, 138 legislators, 558 legislative agents, and 680 employers of legislative agents, as well as any person who files a complaint against a legislator, legislative agent, or employer.

      (4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:

      (a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment: The regulation provides a mechanism for regulated entities to request an unpublished, confidential opinion, but it does not place any additional requirements on regulated entities.

      (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): An exact cost of compliance is unknown, but this regulation does not create additional costs to individuals who request an opinion.

      (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): They will benefit from clearer criteria governing the request and issuance of confidential opinions.

      (5) Provide an estimate of how much it will cost to implement this administrative regulation:

      (a) Initially: No increase in fees or funding is anticipated.

      (b) On a continuing basis: No increase in fees or funding is anticipated.

      (6) What is the source of funding to be used for the implementation and enforcement of this administrative regulation: Kentucky Legislative Ethics Commission budgeted funds for the biennium.

      (7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change, if it is an amendment: No increase in fees or funding is anticipated.

      (8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees: This regulation does not establish fees or directly or indirectly increase fees.

      (9) TIERING: Is tiering applied? No. Tiering was not appropriate in this administrative regulation because the administrative regulation applies equally to all those individuals or entities regulated by it.

 

FISCAL NOTE ON STATE OR LOCAL GOVERNMENT

 

      (1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation? This regulation impacts the Kentucky Legislative Ethics Commission and members of the General Assembly, legislative agents, employers of legislative agents, and any person involved in a matter that is the subject of an ethics opinion.

      (2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation. KRS 6.666 and 6.681.

      (3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.

      (a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year? This regulation does not create any additional revenue for the Kentucky Legislative Ethics Commission or other government entity.

      (b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years? This regulation does not create any additional revenue for the Kentucky Legislative Ethics Commission or other government entity.

      (c) How much will it cost to administer this program for the first year? This regulation is not expected to increase costs for the Kentucky Legislative Ethics Commission budgeted funds for the biennium.

      (d) How much will it cost to administer this program for subsequent years? This regulation is not expected to increase costs for the Kentucky Legislative Ethics Commission budgeted funds for the biennium.

      Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.

      Revenues (+/-):

      Expenditures (+/-):

      Other Explanation: This regulation establishes procedures for handling complaints filed with the commission and it is not expected to have any fiscal impact.

Notation

      RELATES TO: KRS 6.611, 6.666, 6.681

      STATUTORY AUTHORITY: KRS 6.666(5), 6.681(4)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 6.666(5) requires the commission to promulgate administrative regulations necessary to implement KRS 6.601 through 6.849. KRS 6.681(4) requires the commission to promulgate administrative regulations to establish criteria for issuing confidential advisory opinions. This administrative regulation establishes criteria under which the commission may issue confidential advisory opinions.