JUSTICE AND PUBLIC SAFETY CABINET

Department of Corrections

(Repealer)

500 KAR 5:006. Repeal of 500 KAR 5:005 and 500 KAR 5:015.

      RELATES TO: KRS 15A.040

      STATUTORY AUTHORITY: KRS 15A.140, 15A.160

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.140 formerly provided for administrative regulations until repealed. 500 KAR 5:005 established meeting dates for the Kentucky Crime Commission which no longer exists. The Crime Control Act of 1973, 42 U.S.C. 3701, which provided that the Kentucky Crime Commission approve or disapprove all grant applications within ninety (90) days of receipt, has also been repealed. 500 KAR 5:015 established the filing period for grant applications, grant adjustments, budget revisions, or concept papers to insure proper administrative review within this ninety (90) day period. The authorizing statute for the administrative regulations has been repealed.

      Section 1. The following administrative regulations are hereby repealed:

      (1) 500 KAR 5:005, Commission’s meeting dates; and

      (2) 500 KAR 5:015, Filing period for grant application.

LADONNA H. THOMPSON, Commissioner

J. MICHAEL BROWN, Secretary

      APPROVED BY AGENCY: February 4, 2013

      FILED WITH LRC: February 14, 2013 at 10 a.m.

      PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this proposed administrative regulation shall be held on March 21, 2013 at 9:00 a.m. at the Justice and Public Safety Cabinet, Office of Legal Services, 125 Holmes Street, 2nd Floor, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing five working days 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 wishes to be heard will be given an opportunity to comment on this 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. Provide written notification of intent to be heard at the public hearing five working days prior to the hearing or send written comments on the proposed administrative regulation by the close of business April 1, 2013 to the contact person.

      CONTACT PERSON: Amy V. Barker, Assistant General Counsel, Department of Justice & Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 40601, phone (502) 564-3279, fax (502) 564-6686.

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

Contact Person: Amy Barker

      (1) Provide a brief summary of:

      (a) What this administrative regulation does: This regulation repeals the regulations that pertained to the Kentucky Crime Commission since the authorizing statute has been repealed.

      (b) The necessity of this administrative regulation: The authorizing statute has been repealed.

      (c) How this administrative regulation conforms to the content of the authorizing statues: The authorizing statute has been repealed.

      (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: The authorizing statute has been repealed.

      (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: Not applicable.

      (b) The necessity of the amendment to this administrative regulation: Not applicable.

      (c) How the amendment conforms to the content of the authorizing statutes: Not applicable.

      (d) How the amendment will assist in the effective administration of the statutes: Not applicable.

      (3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: There is no effect on individuals, businesses, organizations, or state and local governments since the authorizing statute has been repealed.

      (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: No entities will be impacted since the authorizing statute has been repealed.

      (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): No benefits will accrue since the regulations are no longer authorized to exist.

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

      (a) Initially: None

      (b) On a continuing basis: None

      (6) What is the source of funding to be used for the implementation and enforcement of this administrative regulation: No source of funding is required.

      (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 fees are created and no funds are necessary to repeal the administrative regulations.

      (8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees: The repeal of the administrative regulations does not establish any fees or directly or indirectly increase any fees.

      (9) TIERING: Is tiering applied? No. Tiering is not appropriate in this administrative regulation since regulations are being repealed.

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? The administrative regulation being repealed impacted the Justice and Public Safety Cabinet in grant applications and meetings of the Kentucky Crime Commission, but the authorizing statute no longer exists.

      (2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation. KRS 13A.120

      (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? Repealing the regulations does not create any 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? Repealing the regulations does not create any revenue.

      (c) How much will it cost to administer this program for the first year? No costs will be incurred.

      (d) How much will it cost to administer this program for subsequent years? No costs will be incurred.

      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: