New Small Business Notification Legislation To Be Implemented

HB 374, a multifaceted pro-business bill emphasizing the critical importance that state regulations have on businesses throughout the Commonwealth, was signed into law by Governor Fletcher this past April. Through the use of a centralized, Web-based notification system, this bill enhances the opportunity for business owners and professionals to be informed of proposed regulations, thus affording them more opportunity to be involved in the regulatory process.

With bipartisan support, HB 374 moved through the Senate and House with only technical changes. The Commission on Small Business Advocacy supported this legislation and strongly encouraged its passage on behalf of Kentucky's small business community. The legislation emphasizes Kentucky's commitment to small business needs by providing an advocate in each Cabinet through the new Small Business Ombudsman Program.

The bill revises the regulatory process by:

  • Streamlining the notification process related to new state regulations;
  • Requiring the designation of a Small Business Ombudsman for each of the Governor's Executive Cabinets, who will submit an Annual Report of small business inquiries to the Commission on Small Business Advocacy;
  • Expanding the Regulatory Impact Analysis for new and amended regulations to require issuing agencies to include a cost-benefit analysis; and
  • Requiring a Fiscal Note for all regulations assessing their impact on state or local governments.

"HB 374 is another way for Kentucky to demonstrate its support for small businesses, which are a significant portion of Kentucky's economy," said Ken Robinson, Executive Director of the Commission on Small Business Advocacy, within the Cabinet for Economic Development. "Small businesses account for over 93 percent of all businesses in the Commonwealth. The enactment of this bill sends a positive message to all businesses in Kentucky that their concerns do matter especially as it relates to the promulgation of new regulations." 

By late Fourth Quarter 2006, the new Web-based, regulation notification system will be a reality. Upon release of the new Web site, businesses will be able to register to be electronically notified of all regulations promulgated by an administrative agency or only certain regulations promulgated about a specified area of interest. This centralized registration system will provide interested companies the opportunity to comment on promulgated regulations during the administrative regulation timeline as prescribed by state statute.  

Each Cabinet has designated a Small Business Ombudsman and is required to post the name and contact information on their respective Web sites. The Small Business Ombudsman for the Kentucky Cabinet for Economic Development is Craig Kelly, Branch Manager of the Business Information Clearinghouse. He can be reached directly at 502-564-2064 or by email at craig.kelly@ky.gov.  A direct link is also provided on the Cabinet for Economic Development Web site www.thinkkentucky.com under "Business Assistance," "Small Business Support" and then scroll down to "Advocacy."

Companies may also contact the Commission on Small Business Advocacy with any state regulatory concerns. The 13-member Commission was appointed by the Governor in August 2005, and has the responsibility of working to improve the regulatory environment for businesses with 50 or fewer employees throughout the Commonwealth. 

Ken Robinson, Executive Director of the Commission can be reached at 502- 564-2722 or at ken.robinson@ky.gov. Please feel free to contact him with ideas or concerns related to your particular business needs or to discuss ways of keeping Kentucky a strong supporter of small businesses.

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Contact the Cabinet for Economic Development:

Kentucky Cabinet for Economic Development
Old Capitol Annex
300 West Broadway
Frankfort, Kentucky 40601
800-626-2930
502-564-7140

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