JUSTICE AND PUBLIC SAFETY CABINET
Kentucky Law Enforcement Council
RELATES TO: KRS 15.383(1)
STATUTORY AUTHORITY: KRS 15.330(1)(h), 15.383
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15.383(1) requires all certified peace officers to meet the marksmanship qualification standards for retired peace officers in KRS 237.140. This administrative regulation establishes when and where a certified peace officer shall qualify and the requirements for reporting annual qualification requirements to the Kentucky Law Enforcement Council.
Section 1. Qualification. (1) In accordance with KRS 15.383(1), each certified peace officer shall annually meet the firearms qualification standard established for retired peace officers in KRS 237.140(4)(a).
(2) The rounds fired pursuant to subsection (1) of this section shall be done under the supervision of:
(a) A firearms instructor of the officer’s employing agency;
(b) A currently certified peace officer who has successfully completed a Kentucky Law Enforcement Council approved firearms instructor course;
(c) A firearms instructor employed by the Department of Criminal Justice Training; or
(c)] A Department of
Criminal Justice Training certified concealed deadly weapon[ carry]
instructor or instructor-trainer.
Section 2. Agency Record-keeping and Reporting. (1) Each law enforcement agency whose officers are required to meet the requirements of Section 1(1) of this administrative regulation shall retain a record of each of its officers having met the annual marksmanship qualification on KLEC Form #68-3.
(2) For purposes of maintaining peace
officer certification records, on or before December 31 of each year, each[
law enforcement agency shall forward to the Kentucky Law Enforcement Council’s
Office of Peace Officer Professional Standards, a copy of the completed KLEC
Section 3. Incorporation by Reference.
(1) "KLEC Form #68-3", August 2013 edition,[
edition)] is incorporated by reference.
(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Law Enforcement Council, Funderburk Building, 521 Lancaster Road, Richmond, Kentucky 40475-3102, Monday through Friday, 8 a.m. to 4:30 p.m.
KEITH R. CAIN, Chair
APPROVED BY AGENCY: July 30, 2013
FILED WITH LRC: July 30, 2013 at 3 p.m.
PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on September 23, 2013 at 9:00 a.m. in Room 211, Funderburk Building, Kit Carson Drive, Richmond, Kentucky 40475. 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 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 September 30, 2013. 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: Dana M. Todd, Assistant General Counsel, Department of Criminal Justice Training, Funderburk Building, 521 Lancaster Avenue, Richmond, Kentucky 40475-3102, phone (859) 622-3073, fax (859) 622-5027.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person: Dana M. Todd
(1) Provide a brief summary of:
(a) What this administrative regulation does: establishes the requirements for law enforcement agencies to report annual firearms qualification to the Kentucky Law Enforcement Council. The necessity of this administrative regulation: KRS 15.383(1) requires each certified peace officer to annually meet the firearms qualification standard established for retired peace officers in KRS 237.140. The regulation is necessary so that the Kentucky Law Enforcement Council may fulfill its responsibility of ensuring that each certified officer complies with the statutes.
(c) How this administrative regulation conforms to the content of the authorizing statutes: KRS 15.330(1)(h) authorizes the Kentucky Law Enforcement Council to promulgate reasonable rules and administrative regulations to accomplish the purposes of KRS 15.310 to 15.510 and KRS 15.990 to 15.992. This administrative regulation is required to establish requirements for reporting firearms qualification to the KLEC.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This regulation sets clear, reasonable, and consistent rules and procedures for submission of proof of firearms qualification.
(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 amendment will allow certified peace officers who have completed a KLEC approved firearms instructor course to supervise mandated annual peace officer marksmanship qualifications.
(b) The necessity of the amendment to this administrative regulation: This amendment will allow for additional firearms instructors to assist and supervise peace officers to meet the annual statutory marksmanship qualification.
(c) How the amendment conforms to the content of the authorizing statutes: This amendment will allow for more firearms instructors to assist the 8,300 Kentucky peace officers in complying with the annual firearms qualification.
(d) How the amendment will assist in the effective administration of the statutes: There are approximately 8,300 peace officers in the state that must annually meet marksmanship standards set forth by statute. This amendment provides an additional resource to these officers by providing for trained, certified peace officers to assist as firearms instructors.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: All law enforcement agencies in the Commonwealth are affected, which is approximately 415 agencies, including most state, county and local agencies employing approximately 8,300 officers across the state.
(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 action is necessary due to this amendment, rather it is anticipated that agencies will experience a positive impact due to this amendment.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): Law enforcement agencies will not incur any costs from this amendment.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3): Certified peace officers will have greater access to firearms instructors for their required assistance in meeting their statutory obligation for maintaining successful marksmanship standards for retired peace officers in KRS 237.140.
(5) Provide an estimate of how much it will cost to implement this administrative regulation:
(a) Initially: No cost is anticipated.
(b) On a continuing basis: No cost on a continuing basis is anticipated.
(6) What is the source of funding to be used for the implementation and enforcement of this administrative regulation: The restricted Kentucky Law Enforcement Foundation Program Fund (KLEFPF).
(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 is necessary.
(8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees: The amendment of this administrative regulation does not establish any new fees or increase any fees, directly or indirectly.
(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. Disparate treatment of any person or entity subject to this administrative regulation could raise questions of arbitrary action on the part of the agency. The "equal protection" and "due process" clauses of the Fourteenth Amendment of the U.S. Constitution may be implicated as well as Sections 2 and 3 of the Kentucky Constitution.
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? Local law enforcement agencies including city, urban-county, county police officers, and sheriff’s departments whose officers are required by KRS 15.383 to annually qualify in the use of a firearm will be affected.
2. Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation. KRS 15.383(1) requires city, county, and urban-county law enforcement officers to annually qualify in the use of a firearm as a condition of peace officer certification.
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 and its amendment produce no revenue for state or local government.
(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 and its amendment produce no revenue for state or local government.
(c) How much will it cost to administer this program for the first year? Costs cannot be determined, but would include the time it takes for an officer to qualify and completion of the qualification results form incorporated by reference in this administrative regulation.
(d) How much will it cost to administer this program for subsequent years? Costs cannot be determined, but would include the time it takes for an officer to qualify and completion of the qualification results form incorporated by reference in this administrative regulation.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-): No impact.
Expenditures (+/-): Expenditures are impossible to estimate, but should not exceed the amount of time that it takes to qualify per KRS 15.383, complete the reporting form, and then forwarding that form to the Kentucky Law Enforcement Council.
Other Explanation: None.