Title 302 | Chapter 016 | Regulation 071
SUPERSEDED
This document is no longer current.
GENERAL GOVERNMENT
Department of Agriculture
Office of the Consumer and Environmental Protection
(New Administrative Regulation)
302 KAR 16:071.Repeal of 302 KAR 16:070.
Section 1.
302 KAR 16:070. Reports of injuries involving amusement rides and amusement attractions, is hereby repealed.RYAN QUARLES, Commissioner of Agriculture
APPROVED BY AGENCY: June 14, 2023
FILED WITH LRC: June 14, 2023 at 3:55 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on August 22, 2023 at 11:00 a.m., at the Kentucky Department of Agriculture, 111 Corporate Drive, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five 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. 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: Clint Quarles, Staff Attorney, Kentucky Department of Agriculture, 107 Corporate Drive, Frankfort Kentucky 40601, phone (502) 330-6360, email clint.quarles@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Clint Quarles
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This repeals the current reporting requirements, as it is being replaced by another filing.
(b) The necessity of this administrative regulation:
This repeals the current reporting requirements, as it is being replaced by another filing.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This repeals the current reporting requirements, as it is being replaced by another filing.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This repeals the current reporting requirements, as it is being replaced by another filing.
(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 filing is a repealer.
(b) The necessity of the amendment to this administrative regulation:
This filing is a repealer.
(c) How the amendment conforms to the content of the authorizing statutes:
This filing is a repealer.
(d) How the amendment will assist in the effective administration of the statutes:
This filing is a repealer.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
XXXXX
(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:
This filing is a repealer.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
This filing is a repealer.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
This filing is a repealer.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
The KDA estimates $530,000 total annually.
(b) On a continuing basis:
The KDA estimates at least $530,000 total annually.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
A combination of fees and the KDA general fund.
(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:
This filing is a repealer. No Fees are established
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This filing does not establish fees.
(9) TIERING: Is tiering applied?
No, all entities are treated the same.
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 KDA.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 257 and KRS 263.
(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 KDA expects to receive $110,000 annually at current participation levels.
(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?
The KDA expects to receive $110,000 annually at current participation levels.
(c) How much will it cost to administer this program for the first year?
The cost to administer this regulation is approximately $530,000.
(d) How much will it cost to administer this program for subsequent years?
The cost to administer for subsequent years is estimated to be at least $530,000.
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 is a repealer and will have no financial impact.
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
This is a repealer and will have no financial impact.
(c) How much will it cost the regulated entities for the first year?
This is a repealer and will have no financial impact.
(d) How much will it cost the regulated entities for subsequent years?
This is a repealer and will have no financial impact.
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)] Fees will not exceed the major economic impact threshold.
GENERAL GOVERNMENT
Department of Agriculture
Office of the Consumer and Environmental Protection
(New Administrative Regulation)
302 KAR 16:071.Repeal of 302 KAR 16:070.
Section 1.
302 KAR 16:070. Reports of injuries involving amusement rides and amusement attractions, is hereby repealed.RYAN QUARLES, Commissioner of Agriculture
APPROVED BY AGENCY: June 14, 2023
FILED WITH LRC: June 14, 2023 at 3:55 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on August 22, 2023 at 11:00 a.m., at the Kentucky Department of Agriculture, 111 Corporate Drive, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five 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. 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: Clint Quarles, Staff Attorney, Kentucky Department of Agriculture, 107 Corporate Drive, Frankfort Kentucky 40601, phone (502) 330-6360, email clint.quarles@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Clint Quarles
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This repeals the current reporting requirements, as it is being replaced by another filing.
(b) The necessity of this administrative regulation:
This repeals the current reporting requirements, as it is being replaced by another filing.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This repeals the current reporting requirements, as it is being replaced by another filing.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This repeals the current reporting requirements, as it is being replaced by another filing.
(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 filing is a repealer.
(b) The necessity of the amendment to this administrative regulation:
This filing is a repealer.
(c) How the amendment conforms to the content of the authorizing statutes:
This filing is a repealer.
(d) How the amendment will assist in the effective administration of the statutes:
This filing is a repealer.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
XXXXX
(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:
This filing is a repealer.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
This filing is a repealer.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
This filing is a repealer.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
The KDA estimates $530,000 total annually.
(b) On a continuing basis:
The KDA estimates at least $530,000 total annually.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
A combination of fees and the KDA general fund.
(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:
This filing is a repealer. No Fees are established
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This filing does not establish fees.
(9) TIERING: Is tiering applied?
No, all entities are treated the same.
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 KDA.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 257 and KRS 263.
(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 KDA expects to receive $110,000 annually at current participation levels.
(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?
The KDA expects to receive $110,000 annually at current participation levels.
(c) How much will it cost to administer this program for the first year?
The cost to administer this regulation is approximately $530,000.
(d) How much will it cost to administer this program for subsequent years?
The cost to administer for subsequent years is estimated to be at least $530,000.
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 is a repealer and will have no financial impact.
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
This is a repealer and will have no financial impact.
(c) How much will it cost the regulated entities for the first year?
This is a repealer and will have no financial impact.
(d) How much will it cost the regulated entities for subsequent years?
This is a repealer and will have no financial impact.
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)] Fees will not exceed the major economic impact threshold.