Title 032 | Chapter 001 | Regulation 046


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GENERAL GOVERNMENT CABINET
Registry of Election Finance
(New Administrative Regulation)

32 KAR 1:046.Repeal of 32 KAR 1:045 and 32 KAR 1:070.

Section 1.

The following administrative regulations are hereby repealed:

(1)

32 KAR 1:045. Election Finance Statement – State Executive Committee Building Fund; and

(2)

32 KAR 1:070. Waiver From Filing Candidate Election Finance Statement.

JOHN R. STEFFEN, Executive Director
APPROVED BY AGENCY: June 14, 2023
FILED WITH LRC: June 15, 2023 at 9:10 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on August 21, 2023, at 10:00AM, at the Kentucky Registry of Election Finance, 140 Walnut Street, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five (5) workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. 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 through August 31, 2023, at 11:59 PM. 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: Leslie M. Saunders, General Counsel, Kentucky Registry of Election Finance, 140 Walnut Street, Frankfort, Kentucky 40601, phone (502) 573-2226, fax (502) 573-5622, email LeslieM.Saunders@ky.gov.

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Leslie Saunders
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation will repeal 32 KAR 1:045 and 32 1:070 and their associated materials incorporated by reference, The "State Executive Committee - Building Fund Election Finance Statement"; and The "Waiver from Filing Candidate Election Finance Statement."
(b) The necessity of this administrative regulation:
The paper forms these regulations identify have been superseded by the Registry’s electronic filing system and, further, no longer exist as separate forms, but as options on forms identified in other regulations.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This administrative regulation specifically conforms to the requirements of KRS 121.120(1)(g), as it repeals administrative regulations and materials incorporated that are no longer necessary to carry out the provisions of KRS Chapter 121.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This regulation will repeal 32 KAR 1:045 and 32 KAR 1:070 which are forms regulations that are no longer needed.
(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:
All candidates, slates of candidates, contributing organizations, and committees as defined in KRS 121.015 in Kentucky are affected.
(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:
All candidates, slates of candidates, contributing organizations, and committees must file their respective reports via the Kentucky Election Management System as mandated by KRS 121.120(6)(i).
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
No cost is anticipated.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
Compliance will provide the regulated population with efficient access to the administrative body’s statutorily mandated electronic filing system.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
There will be no initial cost to the administrative body to implement this administrative regulation.
(b) On a continuing basis:
There will be no cost on a continuous basis to the administrative body to implement this administrative regulation.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
While no additional funding will be required for the implementation and enforcement of this administrative regulation, the administrative body operates solely on General Funds.
(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:
It will not be necessary to increase fees or funding to implement this administrative regulation.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
No.
(9) TIERING: Is tiering applied?
No. These forms are no longer applicable to any segment of the regulated entities and tiering is not necessary.

FISCAL NOTE
(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?
The Kentucky Registry of Election Finance.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 121.015, KRS 121.120, and KRS 121.180.
(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 administrative regulation will not generate revenue for the first year.
(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 administrative regulation will not generate revenue for subsequent years.
(c) How much will it cost to administer this program for the first year?
This program will not cost any additional amount to administer for the first year.
(d) How much will it cost to administer this program for subsequent years?
This program will not cost any additional amount to administer for subsequent years.
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:
(4) Estimate the effect of this administrative regulation on the expenditures and cost savings of regulated entities for the first full year the administrative regulation is to be in effect.
(a) How much cost savings will this administrative regulation generate for the regulated entities for the first year?
This administrative regulation will not generate any cost savings for the first year.
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
This administrative regulation will not generate any cost savings for subsequent years.
(c) How much will it cost the regulated entities for the first year?
This administrative regulation will not cost the regulated entities anything for the first year.
(d) How much will it cost the regulated entities for subsequent years?
This administrative regulation will not cost the regulated entities anything for subsequent years.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Cost Savings (+/-):
Expenditures (+/-):
Other Explanation:
(5) Explain whether this administrative regulation will have a major economic impact, as defined below.
, "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. [KRS 13A.010(13)] This administrative regulation will not have a major economic impact.

7-Year Expiration: 1/2/2024

Last Updated: 1/8/2024


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