Title 109 | Chapter 017 | Regulation 010
SUPERSEDED
This document is no longer current.
General Government Cabinet
Department for Local Government
(New Administrative Regulation)
109 KAR 17:010.County attorney annual settlement.
Section 1.
Applicability. Beginning on July 1, 2023, a county attorney currently in office shall file an annual settlement, as required by KRS Chapter 69.Section 2.
Incorporation by Reference.(1)
The "County Attorney Settlement Form", March 2023, is incorporated by reference.(2)
This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department for Local Government, 100 Airport Road, 3rd Floor, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.DENNIS KEENE, Commissioner
APPROVED BY AGENCY: March 15, 2023
FILED WITH LRC: March 15, 2023 at 11:50 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall, if requested, be held on May 24, 2023, at 10:00 a.m. at 100 Airport Road, 3rd Floor, Frankfort, Kentucky 40601. Individuals interested in attending this hearing shall notify this agency in writing by May 17, 2023, five (5) 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 cancelled. This hearing is open to the public. Any person who attends 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 this proposed administrative regulation until May 31, 2023, at 11:59 p.m. Send written notification of intent to attend the public hearing or written comments on the proposed administrative regulation to the contact person. Pursuant to KRS 13A.280(8), copies of the statement of consideration and, if applicable, the amended after comments version of the administrative regulation shall be made available upon request.
CONTACT PERSON: Matt Stephens, Executive Director, Department for Local Government, 100 Airport Road, Third Floor, Frankfort, Kentucky 40601; phone 502-564-0318; email Matt.Stephens@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Matt Stephens
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation provides standardized forms for a county attorney in preparing the settlements required under KRS 69.370 and KRS 64.830.
(b) The necessity of this administrative regulation:
This administrative regulation is necessary to provide an accounting of all funds received, disbursed, or held by the county attorney in his or her official capacity during any portion of the fiscal year.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This administrative regulation conforms to KRS 69.370(3) by providing standardized forms for a county attorney in preparing the settlements required under KRS 69.370 and KRS 64.830.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
It will assist in the effective administration of the statutes by providing an accounting of all funds received, disbursed, or held by the county attorney in his or her official capacity during any portion of the fiscal year.
(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:
This is a new regulation and will not change any existing administrative regulation.
(b) The necessity of the amendment to this administrative regulation:
This is a new regulation and will not change any existing administrative regulation.
(c) How the amendment conforms to the content of the authorizing statutes:
This is a new regulation and will not change any existing administrative regulation.
(d) How the amendment will assist in the effective administration of the statutes:
This is a new regulation and will not change any existing administrative regulation.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
All county attorney offices will be impacted by the implementation of this administrative regulation.
(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 county attorney will be required to use the incorporated forms when providing an accounting, as required by KRS.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
The administrative and financial expenses are estimated to be minimal.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
The benefits of the administrative regulation include ensuring the Prosecutors Advisory Council, county fiscal court, and successor to the county attorney office receive a standardized accounting of all funds.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
The expenses incurred by DLG will be minimal.
(b) On a continuing basis:
The expenses incurred by DLG will be minimal.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
General funds will be used in the implementation of the administrative regulation.
(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:
Currently, no additional fees or funding will be necessary to implement the administrative regulation.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
The administrative regulation does not establish any fees or directly or indirectly increase any fees.
(9) TIERING: Is tiering applied?
Tiering is not applicable to the requirements of this regulation.
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?
This administrative regulation will impact local government, specifically the county attorney offices.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 69.370(3) requires the DLG to promulgate administrative regulations to provide standardized forms for a county attorney to complete annual accounting of funds.
(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?
The administrative regulation will have minimal impact on the generation of revenue.
(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 have minimal impact on the generation of revenue.
(c) How much will it cost to administer this program for the first year?
The cost to administer this program will be minimal.
(d) How much will it cost to administer this program for subsequent years?
The cost to administer this program will be minimal.
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:
At this time, it is unknown whether any, if at all, revenue will be generated or expended by the implementation of this regulation.
(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?
None anticipated.
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
None anticipated.
(c) How much will it cost the regulated entities for the first year?
The cost will be minimal.
(d) How much will it cost the regulated entities for subsequent years?
The cost will be minimal.
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:
At this time, it is unknown whether any, if at all, revenue will be generated or expended by the implementation of this regulation.
(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)] There is not an expected major economic impact from this regulation as county attorneys will only incur minimal costs.
General Government Cabinet
Department for Local Government
(New Administrative Regulation)
109 KAR 17:010.County attorney annual settlement.
Section 1.
Applicability. Beginning on July 1, 2023, a county attorney currently in office shall file an annual settlement, as required by KRS Chapter 69.Section 2.
Incorporation by Reference.(1)
The "County Attorney Settlement Form", March 2023, is incorporated by reference.(2)
This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department for Local Government, 100 Airport Road, 3rd Floor, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.DENNIS KEENE, Commissioner
APPROVED BY AGENCY: March 15, 2023
FILED WITH LRC: March 15, 2023 at 11:50 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall, if requested, be held on May 24, 2023, at 10:00 a.m. at 100 Airport Road, 3rd Floor, Frankfort, Kentucky 40601. Individuals interested in attending this hearing shall notify this agency in writing by May 17, 2023, five (5) 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 cancelled. This hearing is open to the public. Any person who attends 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 this proposed administrative regulation until May 31, 2023, at 11:59 p.m. Send written notification of intent to attend the public hearing or written comments on the proposed administrative regulation to the contact person. Pursuant to KRS 13A.280(8), copies of the statement of consideration and, if applicable, the amended after comments version of the administrative regulation shall be made available upon request.
CONTACT PERSON: Matt Stephens, Executive Director, Department for Local Government, 100 Airport Road, Third Floor, Frankfort, Kentucky 40601; phone 502-564-0318; email Matt.Stephens@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Matt Stephens
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation provides standardized forms for a county attorney in preparing the settlements required under KRS 69.370 and KRS 64.830.
(b) The necessity of this administrative regulation:
This administrative regulation is necessary to provide an accounting of all funds received, disbursed, or held by the county attorney in his or her official capacity during any portion of the fiscal year.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This administrative regulation conforms to KRS 69.370(3) by providing standardized forms for a county attorney in preparing the settlements required under KRS 69.370 and KRS 64.830.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
It will assist in the effective administration of the statutes by providing an accounting of all funds received, disbursed, or held by the county attorney in his or her official capacity during any portion of the fiscal year.
(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:
This is a new regulation and will not change any existing administrative regulation.
(b) The necessity of the amendment to this administrative regulation:
This is a new regulation and will not change any existing administrative regulation.
(c) How the amendment conforms to the content of the authorizing statutes:
This is a new regulation and will not change any existing administrative regulation.
(d) How the amendment will assist in the effective administration of the statutes:
This is a new regulation and will not change any existing administrative regulation.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
All county attorney offices will be impacted by the implementation of this administrative regulation.
(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 county attorney will be required to use the incorporated forms when providing an accounting, as required by KRS.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
The administrative and financial expenses are estimated to be minimal.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
The benefits of the administrative regulation include ensuring the Prosecutors Advisory Council, county fiscal court, and successor to the county attorney office receive a standardized accounting of all funds.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
The expenses incurred by DLG will be minimal.
(b) On a continuing basis:
The expenses incurred by DLG will be minimal.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
General funds will be used in the implementation of the administrative regulation.
(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:
Currently, no additional fees or funding will be necessary to implement the administrative regulation.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
The administrative regulation does not establish any fees or directly or indirectly increase any fees.
(9) TIERING: Is tiering applied?
Tiering is not applicable to the requirements of this regulation.
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?
This administrative regulation will impact local government, specifically the county attorney offices.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 69.370(3) requires the DLG to promulgate administrative regulations to provide standardized forms for a county attorney to complete annual accounting of funds.
(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?
The administrative regulation will have minimal impact on the generation of revenue.
(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 have minimal impact on the generation of revenue.
(c) How much will it cost to administer this program for the first year?
The cost to administer this program will be minimal.
(d) How much will it cost to administer this program for subsequent years?
The cost to administer this program will be minimal.
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:
At this time, it is unknown whether any, if at all, revenue will be generated or expended by the implementation of this regulation.
(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?
None anticipated.
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
None anticipated.
(c) How much will it cost the regulated entities for the first year?
The cost will be minimal.
(d) How much will it cost the regulated entities for subsequent years?
The cost will be minimal.
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:
At this time, it is unknown whether any, if at all, revenue will be generated or expended by the implementation of this regulation.
(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)] There is not an expected major economic impact from this regulation as county attorneys will only incur minimal costs.