The June meeting of the Administrative Regulation Review Subcommittee was held on Tuesday, June 13, 2000 at 10:00 AM, in Room 149 of the Capitol Annex. Representative John Arnold, Chair, called the meeting to order, and the secretary called the roll.
Present were:
Members: John Arnold, Chairman; Senator Marshall Long; Representatives Woody Allen and James Bruce
Guests: Representative Adrian Arnold; Daniel F. Egbers, Personnel Cabinet; Nancy L. Black, Mark Brengelman, Hearing Instrument Specialists Board; John J. Patterson, Commercial Mobile Radio Service Emergency Telecommunications Board; Tom Bennett, Mike Hough, Scott Porter, James B. Owens, Bob Bates, Jennifer Fields, Department of Fish and Wildlife; Gerry Ennis, Millie Ellis, John Hornback, Katie Ashcraft, Natural Resources and Environmental Protection Cabinet; Stephen P. Douglass, Tamela Biggs, Brenda Priestley, Department of Corrections; Gary Brunker, Sherry Deatrick, Sharon Woolums, Raye Wilson, Workforce Development Cabinet; George Parsons, Department of Vocational Rehabilitation and Department for the Blind; Robert P. McWilliams, Department for Employment Services; Bill Ralston, Tim Chancellor, Labor Cabinet; Frank Dempsey, David Howe, Department of Insurance; Richard Carroll, Bernie Hettel, Rena Elswick, Kentucky Racing Commission; Mike Littlefield, Stuart Owen, Trish Howard, Duane Dringenburg, Cheryl Brady, Karen Doyle, Cabinet for Health Services; Lane Kemp, Elizabeth M. Caywood, Rosanne Barkley, Cliff Jennings, Shirley Eldridge, Thelma Cornett, Mellanie Clayton, Bob Blackburn, Cabinet for Families and Children; Mike Rodman, KAHCF; Melodie Doom-Shrader, Kentucky Association of Health Plans; Dandridge F. Walton, KMHI; Dawn Harlow, Advantage Care; Bert May, Kentucky League of Cities; Sam Crawford, Kentucky Farm Bureau; Richard Tanner, Kentucky Magistrates and Commissioners; Ronny Pryor.
LRC Staff: Dave Nicholas, Donna Little, Stephen Lynn, Edna Lowery, Susan Wunderlich, Angela Phillips, Ellen Steinberg, Ellen Benzing.
Press:
The Subcommittee determined that the following administrative regulations, as amended by the promulgating agency and the Subcommittee, complied with statutory requirements:
Personnel Cabinet: Classified
101 KAR 2:102 & E. Classified leave administrative regulations. Daniel Egbers, General Counsel, represented the Cabinet.
This administrative regulation was amended as follows: (1) Section 2 was amended to delete duplicative sick leave provisions regarding family leave; (2) Section 3 was amended to clarify that an employee shall be entitled to a maximum of twelve (12) weeks of accumulated annual or sick leave, unpaid family and medical leave, or a combination thereof, for the birth, placement, or adoption of a child; (3) Section 7 was amended to clarify voting leave requirements to specify that: (a) an employee was required to receive approval for voting leave; and (b) voting leave extended to an employee required to work during election time; and (4) Section 10 was amended to clarify that the adverse weather provisions applied if an employee chose to leave early in the event of adverse weather conditions.
Unclassified
101 KAR 3:015 & E. Leave administrative regulations for unclassified service. This administrative regulation was amended as follows: (1) Section 2 was amended to delete duplicative sick leave provisions regarding family leave; (2) Section 3 was amended to clarify that an employee shall be entitled to a maximum of twelve (12) weeks of accumulated annual or sick leave, unpaid family and medical leave, or a combination thereof, for the birth, placement, or adoption of a child; (3) Section 7 was amended to clarify voting leave requirements to specify that: (a) an employee was required to receive approval for voting leave; and (b) voting leave extended to an employee required to work during election time; and (4) Section 10 was amended to clarify that the adverse weather provisions applied if an employees chose to leave early in the event of adverse weather conditions.
Finance And Administration Cabinet: Commercial Mobile Radio Service Emergency Telecommunications Board
202 KAR 6:020 & E. CMRS carrier cost recovery. John Patterson, CMRS Board Administrator, represented the Board.
This administrative regulation was amended as follows: (1) Sections 1, 2, 6, 7, and 11 were amended to comply with the drafting requirements of KRS 13A.222(4); and (2) Section 10 to delete reference to arbitration.
202 KAR 6:030 & E. Confidential and proprietary information. Subcommittee staff stated that: (1) a statutory conflict affected this administrative regulation; (2) KRS 65.7639 restricted the release of customer information to the provision of emergency services in response to 911 calls; (3) KRS 65.7635(2) permitted the state to institute collection actions against customers; (4) those actions would require use of the restricted data; (5) this administrative regulation reflected that need; (6) Subcommittee staff and the agency decided not to amend that provision in this administrative regulation because access to the courts was guaranteed by Section 14 of the Kentucky Constitution; (7) KRS 65.7639 should state that the confidential, proprietary information may be used for judicial collection actions; and (8) Subcommittee staff recommended that the Subcommittee request the Legislative Research Commission to refer this issue to the appropriate interim joint committee for study and transmission of its findings to the General Assembly for consideration during the next Regular Session.
This administrative regulation was amended as follows: Sections 1, 2, and 3 were amended to comply with the drafting requirements of KRS 13A.222(4).
The Subcommittee approved a motion by Representative Bruce, seconded by Chairman Arnold, to request the Legislative Research Commission to refer this issue to the appropriate Interim Joint Committee for study and transmission of its findings to the General Assembly for consideration during the next Regular Session.
202 KAR 6:050 & E. PSAP certification. This administrative regulation was amended as follows: (1) Section 1 was amended to comply with the drafting requirements of KRS 13A.222(4); (2) Section 2 was amended to delete reference to arbitration; (3) Section 3(3) was amended to: (a) require written notice of new or revised requirements; and (b) allow ninety (90) days for compliance; and (4) Section 4 was amended to correct a statutory citation.
202 KAR 6:060 & E. PSAP pro rata fund disbursement. This administrative regulation was amended as follows: (1) Sections 1 and 2 were amended to comply with the: (a) format requirements of KRS 13A.220(4); and (b) drafting requirements of KRS 13A.222(4); and (2) Section 2 was amended to clarify that "initial disbursement" was actually "first quarterly payment."
Tourism Development Cabinet: Department of Fish and Wildlife Resources: Fish
301 KAR 1:012. Boating, swimming and water skiing and other activities on department owned or controlled lakes. Tom Bennett, Commissioner, represented the Department.
This administrative regulation was amended as follows: (1) the RELATES TO and STATUTORY AUTHORITY paragraphs were amended to correct statutory citations; (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph was amended to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220(3)(f); (3) a new Section 1 was created to establish the definitions, as required by KRS 13A.222(4)(e); and (4) Sections 1 through 6 were amended to comply with the: (a) format requirements of KRS 13A.220(4); and (b) drafting requirements of KRS 13A.222(4).
301 KAR 1:018. Use of boating access areas. This administrative regulation was amended as follows: (1) the RELATES TO and STATUTORY AUTHORITY paragraphs were amended to correct statutory citations; (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph was amended to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220(3)(f); and (3) Sections 1 and 2 were amended to comply with the: (a) format requirements of KRS 13A.220(4); and (b) drafting requirements of KRS 13A.222(4).
301 KAR 1:075. Gigging, grabbing or snagging, tickling and noodling. This administrative regulation was amended as follows: (1) the STATUTORY AUTHORITY paragraph was amended to correct statutory citations; (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph was amended to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220(3)(f); and (3) Sections 1, 2, and 5 were amended to comply with the: (a) format requirements of KRS 13A.220(4); and (b) drafting requirements of KRS 13A.222(4).
Game
301 KAR 2:049. Small game and furbearer hunting on public areas. This administrative regulation was amended as follows: (1) the RELATES TO paragraph was amended to correct a statutory citation; (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 2 and 3 were amended to comply with the: (a) format requirements of KRS 13A.220(4); and (b) drafting requirements of KRS 13A.222(4).
301 KAR 2:142. Spring wild turkey hunting. In response to questions by Chairman Arnold, Mr. Bennett stated that: (1) the Department was working to address problems statewide caused by recreational activities that occurred at the same time as hunting activities; (2) the problem was: (a) not unique to Union County; and (b) present in several areas, especially where horseback riders wanted to ride horses on properties managed by the Department for hunting and fishing activities; (3) within the previous week, the Department had communications with the Kentucky Horse Council to prepare public information for horseback riders identifying the areas designated for horseback riding, which included: (a) twenty (20) areas designated by the Department with horseback riding as a legitimate secondary use; (b) twenty-five additional state and federal areas that allowed horseback riding; and (c) forty private areas; (4) the Department considered horseback riding a secondary use because the Department received its funding from the hunters, anglers, and boaters; (5) the joint publication: (a) should be available by the end of July; (b) will be distributed to horseback riders; and (c) will identify what was and was not permissible on the private, state, and federal properties for horseback riding; (6) the Department had: (a) considered charging horseback riders a fee similar to the fee charged hunters and fishers; (b) discussed that issue with an LRC task force over the last four or five years; and (c) not reached a solution; (7) the main problem was that hunting seasons extended into the prime times for horseback riding, with: (a) deer hunting from September through December; (b) small game season through February; (c) turkey hunting beginning in April; and (d) a two week squirrel season in June; (8) the Department did not have a solution to this serious user conflict in which horseback riders wanted to be on the management areas at the same times as the hunters, who paid the bills for managing the areas; (9) despite the crying need for more hunting land, there was precious little public land available for hunting in Kentucky; and (10) if extra excess acreage was available, the Department might be able to devise a plan in which the land was divided, with: (a) horseback riding permitted in a specified area; and (b) hunting permitted in the other area.
In response to a question by Representative Bruce, Mr. Bennett stated that coyotes were not included on the endangered species list.
This administrative regulation was amended as follows: Sections 1, 2, and 4 were amended to correct typographical errors.
Hunting and Fishing
301 KAR 3:022. License, tag and permit fees. In response to questions by Chairman Arnold, Mr. Bennett stated that: (1) this administrative regulation increased fees; (2) the fee increase: (a) had been discussed by the Department for several years with the Subcommittee, an LRC long-term funding task force, and others; and (b) would generate about $3 million additional revenue for the Department; (3) the last fee increase: (a) occurred in 1993; (b) was projected to last five years; and (c) has lasted eight years; (4) if Kentucky’s fees were tracked with the consumer price index, all license fees, except the out-of-state licenses, have remained below what the consumer price index would be; (5) the Department: (a) had been effectively managed during the last several years while having increased costs without increased revenues; (b) did not receive state general fund dollars; (c) received: 1. money from the federal excise taxes on the sale of hunting and fishing equipment; and 2. the revenue from the fees; and (d) believed this fee increase would last three years, rather than five years; and (6) a federal bill that would generate additional federal dollars for a state match recently passed the United States House of Representatives on a vote of 315 to 104.
In response to questions by Representative Allen, Mr. Bennett stated that: (1) the Department had considered the costs of the licenses in establishing a fee schedule for the next three years, rather than five years; (2) if changes in the fee schedule similar to the changes enacted in 1993 were made in this administrative regulation, the cost of a combination license would have increased from $20 to $30; and (3) under this administrative regulation, the combination license increased from $20 to $22.50.
Representative Allen stated that: (1) the Subcommittee had discussed last year about a limit to licensing fees, which were getting too expensive for people to afford; (2) if people cannot afford the licensing fees, the Department would ultimately lose money because less people would buy the license; and (3) he: (a) disagreed with the fees; (b) wanted to go on record as voting against this administrative regulation; and (c) moved for a roll call vote because the fees were out of line.
Chairman Arnold stated that: (1) while he would not second the motion by Representative Allen, he would ensure that the record recorded Representative Allen’s objections; (2) while he had a problem with the costs of hunting and fishing licenses, he realized the amount of money required to: (a) operate the wildlife management areas, including the costs of employees, grounds-keeping, and machinery; and (b) keep the hunting and fishing areas safe; and (3) he can remember when a hunting and fishing license cost $5.
Mr. Bennett stated that: (1) this administrative regulation established a new license called a sportsman license, which: (a) gave a reduced cost for someone who hunted deer, turkey, and waterfowl and who also trout fished; and (b) cost $80; and (2) if those licenses were purchased separately, the total costs would be $95, which was a $15 difference.
In response to a question by Representative Bruce, Mr. Bennett stated that: (1) he knew that the Department was the party who had decided to increase the fees; and (2) the Department employees were aware of the need for the fee increase to maintain the: (a) wildlife areas; and (b) Department’s budget.
This administrative regulation was amended as follows: (1) the STATUTORY AUTHORITY paragraph was amended to correct statutory citations; and (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 2, 3, 4, 6, 7, 8, and 9 were amended to comply with the: (a) format requirements of KRS 13A.220(4); and (b) drafting requirements of KRS 13A.222(4).
This administrative regulation was approved as amended with Representative Allen objecting.
Licensing
301 KAR 5:010. License agent selection criteria. This administrative regulation was amended as follows: (1) the NECESSITY, FUNCTION, AND CONFORMITY paragraph was amended to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220(3)(f); (2) Section 1 was amended to delete the incorporation by reference provisions to comply with KRS 13A.2251; and (3) a new Section 4 was created to incorporate by reference the required material in the last section of this administrative regulation, as required by KRS 13A.2251.
301 KAR 5:020. License agent requirements and responsibilities. This administrative regulation was amended as follows: the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Section 2 were amended to comply with the drafting requirements of KRS 13A.222(4).
Justice Cabinet: Department of Corrections: Jail Standards for Full-Service Facilities
Steve Durham, General Counsel, and Tamela Biggs, Staff Attorney, represented the Department. Representative Adrian Arnold appeared before the Subcommittee on behalf of the Jails Standards Commission.
Subcommittee staff stated that: (1) an issue regarding telephone charges had been raised in the initial staff reviews for these administrative regulations (501 KAR 3:010 through 501 KAR 3:140 and 501 KAR 7:010 through 501 KAR 10:140); (2) the initial staff review stated “Phone facilities should have protections against charging prisoners substantially more for calls than for the general population particularly where there is a 'fee splitting' arrangement"; (3) this matter involved several agencies; (4) the Public Service Commission had a pending court action that might be relevant to this issue; (5) in view of the conflicting information from the Department of Corrections, the jurisdictional committee, and the Jailers' Association, this subcommittee lacked sufficient resources to perform the research required for resolution of the issue; and (6) Subcommittee staff recommended that the Subcommittee leave the phone charge issue alone.
Representative Bruce: (1) stated that he did not want to approve these administrative regulations (501 KAR 3:010 through 501 KAR 3:140 and 501 KAR 7:010 through 501 KAR 10:140) if the local or county jails objected to their provisions; and (b) asked if a representative of the local or county jails was present at the Subcommittee meeting.
Representative Adrian Arnold stated that: (1) he was: (a) at the last meeting; and (b) a member of the Jail Standards Commission; and (2) at the Commission’s last meeting, all of the local jailers were in agreement with these administrative regulations except for one jailer, who he thought may have agreed with this administrative regulation during the last month.
Mr. Durham stated that: (1) he had not heard about current opposition to these administrative regulations; (2) Harold Taylor was the one person he knew who had originally objected to these administrative regulations; (3) because he had not personally heard from Mr. Taylor, he could not definitively state that Mr. Taylor had changed his mind in support of these administrative regulations; and (4) he thought that if someone asked Mr. Taylor about his position, Mr. Taylor would still have the same opposition to these administrative regulations.
Chairman Arnold stated that he: (1) had not heard from Mr. Taylor; and (2) was sure that he would have heard from him if he disagreed with an administrative regulation.
Representative Adrian Arnold stated that: (1) at the last Jail Standards Commission meeting, several jailers on the Commission were in agreement with these administrative regulations; and (2) Mr. Taylor may have changed his position since that meeting.
In response to questions by Representative Bruce, Subcommittee staff stated that: (1) the Subcommittee staff did not have the resources to conduct the appropriate research regarding the phone charge issue; and (2) the Interim Joint Committee on Judiciary could address that issue if that committee wanted to conduct the research.
Chairman Arnold stated that: (1) he knew that not everyone was 100% happy with these administrative regulations, but they were needed until better administrative regulations could be promulgated; and (2) the Subcommittee would: (a) approve these administrative regulations as amended; and (b) not address the phone charge issue.
501 KAR 3:010. Definitions. This administrative regulation was amended as follows: (1) the TITLE was amended to comply with the requirements for definitions administrative regulations established in KRS 13A.222(4)(e); (2) the RELATES TO paragraph was amended to correct statutory citations; (3) the NECESSITY, FUNCTION, AND CONFORMITY paragraph was amended to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220(3)(f); and (4) Section 1 was amended to: (a) comply with the: 1. format requirements of KRS 13A.220(4); and 2. drafting requirements of KRS 13A.222(4); (b) clarify the definitions; and (c) define search procedures.
501 KAR 3:040. Personnel. This administrative regulation was amended as follows: (1) the RELATES TO and STATUTORY AUTHORITY paragraphs were amended to correct statutory citations; and (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 2, 3, 4, 5, 6, and 7 were amended to: (a) comply with the: 1. format requirements of KRS 13A.220(4); and 2. drafting requirements of KRS 13A.222(4); and (b) clarify provisions.
501 KAR 3:060. Security; control. This administrative regulation was amended as follows: (1) the RELATES TO paragraph was amended to correct statutory citations; and (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 2, 3, and 4 were amended to: (a) comply with the: 1. format requirements of KRS 13A.220(4); and 2. drafting requirements of KRS 13A.222(4); (b) clarify provisions; and (c) clarify search criteria.
501 KAR 3:070. Safety; emergency procedures. This administrative regulation was amended as follows: (1) the RELATES TO and STATUTORY AUTHORITY paragraphs were amended to correct statutory citations; and (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 and 2 were amended to: (a) comply with the: 1. format requirements of KRS 13A.220(4); and 2. drafting requirements of KRS 13A.222(4); and (b) clarify provisions.
501 KAR 3:110. Classification. This administrative regulation was amended as follows: (1) the RELATES TO and STATUTORY AUTHORITY paragraphs were amended to correct statutory citations; and (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 and 2 were amended to: (a) comply with the: 1. format requirements of KRS 13A.220(4); and 2. drafting requirements of KRS 13A.222(4); and (b) clarify provisions.
501 KAR 3:120. Admission; release. This administrative regulation was amended as follows: (1) the RELATES TO and STATUTORY AUTHORITY paragraphs were amended to correct statutory citations; (2) the TITLE, the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 2, 3, and 4 were amended to: (a) conform strip search criteria to Federal judicial requirements; (b) specify the meaning of “licensed medical professional”; (c) require documentation of certain strip and body cavity searches; (d) comply with the: 1. format requirements of KRS 13A.220(4); and 2. drafting requirements of KRS 13A.222(4); and (e) clarify provisions; and (3) a new Section 6 was created to incorporate by reference the required form.
501 KAR 3:140. Inmate rights. This administrative regulation was amended as follows: (1) the TITLE, the NECESSITY, FUNCTION, AND CONFORMITY paragraph, and Section 3 were amended to change references from “inmate” to “prisoner”; (2) the RELATES TO paragraph was amended to correct statutory citations; and (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 2, 3, 5, 6, 7, 8, and 9 were amended to: (a) comply with the: 1. format requirements of KRS 13A.220(4); and 2. drafting requirements of KRS 13A.222(4); (b) clarify provisions; and (c) permit prohibition of prisoner-to-prisoner mail.
Restricted Custody Center
501 KAR 7:010. Definitions. This administrative regulation was amended as follows: (1) the TITLE was amended to comply with the requirements for definitions administrative regulations established in KRS 13A.222(4)(e); (2) the RELATES TO paragraph was amended to correct statutory citations; (3) the NECESSITY, FUNCTION, AND CONFORMITY paragraph was amended to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220(3)(f); and (4) Section 1 was amended to: (a) comply with the: 1. format requirements of KRS 13A.220(4); and 2. drafting requirements of KRS 13A.222(4); (b) clarify the definitions; (c) define search procedures; and (d) change references from “residents” to “prisoners”.
501 KAR 7:020. Administration; management. This administrative regulation was amended as follows: (1) the STATUTORY AUTHORITY paragraph was amended to correct statutory citations; (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 2, 3, and 4 were amended to: (a) comply with the: 1. format requirements of KRS 13A.220(4); and 2. drafting requirements of KRS 13A.222(4); and (b) permit electronic storage of data; and (3) Section 2 was amended to change references from “resident” to “prisoner”.
501 KAR 7:040. Personnel. This administrative regulation was amended as follows: (1) the STATUTORY AUTHORITY paragraph was amended to correct statutory citations; and (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 2, 3, 4, 5, 6, and 7 were amended to: (a) comply with the: 1. format requirements of KRS 13A.220(4); and 2. drafting requirements of KRS 13A.222(4); (b) clarify provisions; and (c) change references from “resident” to “prisoner”.
501 KAR 7:050. Physical plant. This administrative regulation was amended as follows: (1) the RELATES TO paragraph was amended to correct statutory citations; and (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 3, 4, 5, and 6 were amended to comply with the: (a) format requirements of KRS 13A.220(4); and (b) drafting requirements of KRS 13A.222(4).
501 KAR 7:060. Security; control. This administrative regulation was amended as follows: (1) the RELATES TO and STATUTORY AUTHORITY paragraphs were amended to correct statutory citations; (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 2, 3, and 4 were amended to: (a) comply with the: 1. format requirements of KRS 13A.220(4); and 2. drafting requirements of KRS 13A.222(4); (b) clarify provisions; (c) clarify search criteria; and (d) change references from “resident” to “prisoner”.
501 KAR 7:080. Sanitation; hygiene. This administrative regulation was amended as follows: (1) the RELATES TO and STATUTORY AUTHORITY paragraphs were amended to correct statutory citations; (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Section 1 were amended to: (a) comply with the: 1. format requirements of KRS 13A.220(4); and 2. drafting requirements of KRS 13A.222(4); and (b) change references from “resident” to “prisoner”.
501 KAR 7:120. Admission; release. This administrative regulation was amended as follows: (1) the RELATES TO and STATUTORY AUTHORITY paragraphs were amended to correct statutory citations; and (2) the TITLE, the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 2, 3, 4, and 5 were amended to: (a) conform strip search criteria to Federal judicial requirements; (b) specify the meaning of “licensed medical professional”; (c) require documentation of certain strip and body cavity searches; (d) comply with the: 1. format requirements of KRS 13A.220(4); and 2. drafting requirements of KRS 13A.222(4); (e) clarify provisions; and (f) change references from “resident” to “prisoner”.
501 KAR 7:140. Inmate rights. This administrative regulation was amended as follows: (1) the TITLE, the NECESSITY, FUNCTION, AND CONFORMITY paragraph, and Sections 1 through 8 were amended to change references from “inmate” to “prisoner”; (2) the RELATES TO and STATUTORY AUTHORITY paragraphs were amended to correct statutory citations; and (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 2, 3, 5, 6, 7, and 8 were amended to: (a) comply with the: 1. format requirements of KRS 13A.220(4); and 2. drafting requirements of KRS 13A.222(4); (b) clarify provisions; and (c) permit prohibition of prisoner-to-prisoner mail.
Direct Supervision for Full-Service Jails
501 KAR 10:010. Definitions. This administrative regulation was amended as follows: (1) the TITLE was amended to comply with the requirements for definitions administrative regulations established in KRS 13A.222(4)(e); (2) the RELATES TO and STATUTORY AUTHORITY paragraphs were amended to correct statutory citations; (3) the NECESSITY, FUNCTION, AND CONFORMITY paragraph was amended to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220(3)(f); and (4) Section 1 was amended to: (a) comply with the: 1. format requirements of KRS 13A.220(4); and 2. drafting requirements of KRS 13A.222(4); (b) clarify the definitions; and (c) define search procedures.
501 KAR 10:040. Personnel. This administrative regulation was amended as follows: (1) the RELATES TO and STATUTORY AUTHORITY paragraphs were amended to correct statutory citations; and (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 2, 3, 4, 5, and 7 were amended to: (a) comply with the: 1. format requirements of KRS 13A.220(4); and 2. drafting requirements of KRS 13A.222(4); and (b) clarify provisions.
501 KAR 10:060. Security; control. This administrative regulation was amended as follows: (1) the RELATES TO and STATUTORY AUTHORITY paragraphs were amended to correct statutory citations; and (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 2, 3, and 4 were amended to: (a) comply with the: 1. format requirements of KRS 13A.220(4); and 2. drafting requirements of KRS 13A.222(4); (b) clarify provisions; and (c) specify search criteria.
501 KAR 10:070. Safety; emergency procedures. This administrative regulation was amended as follows: (1) the RELATES TO and STATUTORY AUTHORITY paragraphs were amended to correct statutory citations; and (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 and 2 were amended to: (a) comply with the: 1. format requirements of KRS 13A.220(4); and 2. drafting requirements of KRS 13A.222(4); and (b) clarify provisions.
501 KAR 10:110. Classification. This administrative regulation was amended as follows: (1) the RELATES TO and STATUTORY AUTHORITY paragraphs were amended to correct statutory citations; and (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 and 2 were amended to: (a) comply with the: 1. format requirements of KRS 13A.220(4); and 2. drafting requirements of KRS 13A.222(4); and (b) clarify provisions.
501 KAR 10:120. Admission; release. This administrative regulation was amended as follows: (1) the RELATES TO and STATUTORY AUTHORITY paragraphs were amended to correct statutory citations; (2) the TITLE, the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 2, 3, and 4 were amended to: (a) conform strip search criteria to Federal judicial requirements; (b) specify the meaning of “licensed medical professional”; (c) require documentation of certain strip and body cavity searches; (d) comply with the: 1. format requirements of KRS 13A.220(4); and 2. drafting requirements of KRS 13A.222(4); and (e) clarify provisions; and (3) a new Section 6 was created to incorporate by reference the required form.
501 KAR 10:140. Inmate rights. This administrative regulation was amended as follows: (1) the TITLE was amended to change the reference from “inmate” to “prisoner”; (2) the RELATES TO and STATUTORY AUTHORITY paragraphs were amended to correct statutory citations; and (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 through 9 were amended to: (a) comply with the: 1. format requirements of KRS 13A.220(4); and 2. drafting requirements of KRS 13A.222(4); (b) clarify provisions; and (c) permit prohibition of prisoner-to-prisoner mail.
Workforce Development Cabinet: Department for Adult and Technical Education: Personnel System for Certified and Equivalent Employees
780 KAR 3:065 & E. Certified and equivalent service administrative regulations. Sherry Deatrick, General Counsel, and Gary Brunker, Executive Director, Personnel Services, represented the Department.
This administrative regulation was amended as follows: (1) the NECESSITY, FUNCTION, AND CONFORMITY paragraph was amended to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220(3)(f); and (2) Sections 2 and 4 were amended to: (a) cross-reference the applicable Personnel Cabinet administrative regulations; and (b) delete provisions that repeated existing administrative regulations.
780 KAR 3:072 & E. Attendance, compensatory time, and leave for certified and equivalent service. This administrative regulation was amended as follows: (1) the STATUTORY AUTHORITY paragraph was amended to correct statutory citations; (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph was amended to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220(3)(f); (3) Sections 1, 3, 4, 5, 8, 9, and 11 were amended to conform to similar provisions established in administrative regulations promulgated by the Personnel Cabinet; (4) Sections 3, 4, and 9 were amended to delete provisions relating to health and life insurance benefits that were repeated in each of these sections; (5) a new Section 13 was created to establish the provisions that were deleted from Sections 3, 4, and 9; and (6) Sections 1, 2, 3, 4, 6, and 12 were amended to comply with the: (a) format requirements of KRS 13A.220(4); and (b) drafting requirements of KRS 13A.222(4).
780 KAR 3:075 & E. Sick leave sharing procedures for certified and equivalent service. This administrative regulation was amended as follows: (1) the RELATES TO and STATUTORY AUTHORITY paragraphs were amended to correct statutory citations; (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph were amended to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220(3)(f); and (3) Sections 1 through 4 were amended to: (a) cross-reference the applicable: 1. statutes; and 2. Personnel Cabinet administrative regulation; and (b) delete provisions that repeated existing statutes and administrative regulations.
780 KAR 3:100 & E. Employee actions. This administrative regulation was amended as follows: (1) the STATUTORY AUTHORITY paragraph was amended to correct statutory citations; (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph was amended to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220(3)(f); (3) Sections 3 and 4 were amended to specify the name of the required form; (4) a new Section 9 was created to incorporate by reference the required form; (5) Section 4 was amended to cross-reference an applicable administrative regulation; and (6) Sections 1, 3, 4, 5, 6, 7, and 8 were amended to: (a) comply with the: 1. format requirements of KRS 13A.220(4); and 2. drafting requirements of KRS 13A.222(4); and (b) conform to similar provisions established in administrative regulations promulgated by the Personnel Cabinet.
Unclassified Personnel Administrative Regulations
780 KAR 6:005 & E. Unclassified service administrative regulations. This administrative regulation was amended as follows: (1) the NECESSITY, FUNCTION, AND CONFORMITY paragraph was amended to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220(3)(f); and (2) Sections 2 and 4 were amended to: (a) cross-reference the applicable Personnel Cabinet administrative regulations; and (b) delete provisions that repeated existing administrative regulations.
780 KAR 6:062 & E. Attendance, compensatory time and leave for unclassified service. This administrative regulation was amended as follows: (1) the RELATES TO and STATUTORY AUTHORITY paragraphs were amended to correct statutory citations; (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph was amended to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220(3)(f); (3) Sections 1, 2, 4, 5, 8, 9, and 11 were amended to conform to similar provisions established in administrative regulations promulgated by the Personnel Cabinet; (4) Sections 3, 4, and 9 were amended to delete provisions relating to health and life insurance benefits that were repeated in each of these sections; (5) a new Section 13 was created to establish the provisions that were deleted from Sections 3, 4, and 9; and (6) Sections 1, 2, 3, 4, 5, and 7 were amended to comply with the: (a) format requirements of KRS 13A.220(4); and (b) drafting requirements of KRS 13A.222(4).
780 KAR 6:065 & E. Sick leave sharing procedures for unclassified service. This administrative regulation was amended as follows: (1) the RELATES TO and STATUTORY AUTHORITY paragraphs were amended to correct statutory citations; (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph was amended to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220(3)(f); and (3) Sections 1 through 4 were amended to: (a) cross-reference the applicable: 1. statutes; and 2. Personnel Cabinet administrative regulation; and (b) delete provisions that repeated existing statutes and administrative regulations.
Department of Vocational Rehabilitation: Administration
781 KAR 1:010. Department of Vocational Rehabilitation appeal procedures. George Parsons represented the Department.
This administrative regulation was amended as follows: (1) the RELATES TO paragraph was amended to correct statutory citations; (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph was amended to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220(3)(f); and (3) Section 6(1) was amended to comply with the drafting requirements of KRS 13A.222(4).
781 KAR 1:050. Carl D. Perkins Comprehensive Rehabilitation Center. This administrative regulation was amended as follows: (1) Section 2(3) was amended to comply with the drafting requirements of KRS 13A.222(4); and (2) Section 2(1) was amended to correct a citation to an administrative regulation.
Labor Cabinet: Department of Workplace Standards: Occupational Safety and Health
803 KAR 2:180. Recordkeeping; statistics. Bill Ralston, Safety Standards Specialist, and Tim Chancellor, Health Standards Specialist, represented the Department.
This administrative regulation was amended as follows: (1) the STATUTORY AUTHORITY paragraph was amended to correct statutory citations; (2) Section 1 was amended to alphabetize the definitions; (3) a new Section 17 was created to incorporate by reference the necessary forms; and (4) the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 3, 6, 7, 9, 11, and 13 were amended to comply with the drafting requirements of KRS 13A.222(4).
Department of Insurance: Health Maintenance Organizations
806 KAR 38:100. Risk-based capital for health organizations. Frank Dempsey, Counsel, and David Howe, Financial Analyst, represented the Department.
In response to questions by Representative Bruce, Mr. Dempsey stated that: (1) the Department had supervised health maintenance organizations (HMOs) since the HMOs were first established; (2) this administrative regulation established a new net worth standard; (3) rather than requiring an HMO to maintain a flat $1,250,000 minimum, the new standard established a formula that: (a) was based on: 1. how the HMOs actually operated; 2. the premium amounts; and 3. the amount of investments; and (b) determined the level of money an HMO would be required to maintain in the network; (4) a similar formula was used for risk-based capital for insurance companies; and (5) this administrative regulation treated the HMOs the same as other entities in the insurance industry.
This administrative regulation was amended as follows: (1) Section 1 was amended to alphabetize the definitions; (2) Section 8(1) was amended to delete a subpoena provision that exceeded statutory authority; (3) a new Section 12 was created to incorporate by reference required material; and (4) Sections 1, 2, 4, 5, 6, 9, and 10 were amended to comply with the drafting requirements of KRS 13A.222(4).
Kentucky Racing Commission: Thoroughbred Racing
810 KAR 1:060. Chemical dependency. Bernie Hettel, Executive Director, and Rena Elswick, Executive Secretary Senior, represented the Commission.
In response to questions by Representative Bruce, Mr. Hettel stated that: (1) this administrative regulation: (a) related to the use of drugs and alcohol by people that primarily worked on the backside of race tracks; and (b) was inclusive of all licensees; (2) if a person needed help, the Commission would be able to assist them; and (3) this administrative regulation was intended to: (a) improve the working conditions and environment around the race tracks; (b) make the race track work environment safer and more sound; and (c) encourage job opportunities.
This administrative regulation was amended as follows: (1) the STATUTORY AUTHORITY paragraph was amended to correct statutory citations; (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph was amended to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220(3)(f); and (3) Sections 1, 2, 3 4, 5, and 7 were amended to comply with the: (a) format requirements of KRS 13A.220(4); and (b) drafting requirements of KRS 13A.222(4).
Cabinet For Health Services: Department for Medicaid Services: Division of Physical Health: Medicaid Services
907 KAR 1:025 & E. Payment for services provided by an intermediate care facility for the mentally retarded and developmentally disabled, a dually-licensed pediatric facility, an institution for mental diseases, a nursing facility with an all-inclusive rate unit, and a hospital with federally-defined swing beds. Karen Doyle, Commissioner’s Office, and Marilyn Duke, Director, Division of Long-Term Care, represented the Department.
This administrative regulation was amended as follows: (1) the STATUTORY AUTHORITY paragraph and Section 3 were amended to correct statutory citations; (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 2, 4, 6, 7, 9, 10, 11, and 14 were amended to comply with the: (a) format requirements of KRS 13A.220(4); and (b) drafting requirements of KRS 13A.222(4); (3) Section 1 was amended to: (a) clarify that laboratory procedures or X-rays may be ordered by an advanced registered nurse practitioner or physician assistant; and (b) define “state survey agency”; (4) Section 4 was amended to cross-reference the applicable federal regulations for determining the increase in valuation for changes in ownership of facilities after October 1, 1985; and (5) Sections 12 and 13 were amended to delete provisions that are not applicable in the next budget biennium because those provisions will expire June 30, 2000.
907 KAR 1:065 & E. Payments for price-based nursing facility services. This administrative regulation was amended as follows: (1) the STATUTORY AUTHORITY paragraph was amended to correct statutory citations; and (2) Sections 1, 2, 3, 4, 5, 8, 9, 10, 11, and 12 were amended to comply with the: (a) format requirements of KRS 13A.220(4); and (b) drafting requirements of KRS 13A.222(4).
907 KAR 1:671. Conditions of Medicaid provider participation; withholding overpayments, appeals process, and sanctions. This administrative regulation was amended as follows: the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 and 9 were amended to correct statutory citations.
Cabinet For Families And Children: Department for Community Based Services: Food Stamp Program
921 KAR 3:020 & E. Financial requirements. Rosanne Barkley, Policy Analyst, and Lane Kemp represented the Department.
This administrative regulation was amended as follows: Section 9(1) was amended to add language that exempts the value of a vehicle from consideration as a resource if the vehicle is classified as inaccessible because it has an equity value of less than one half (1/2) of the household’s resource limited pursuant to Section 7(2) of this administrative regulation.
Adult Services
922 KAR 5:100. Alternate care for adults. This administrative regulation was amended as follows: (1) the RELATES TO paragraph was amended to correct statutory citations; (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph was amended to conform to the statutory language; (3) Section 1 was amended to delete unused and redundant definitions; (4) Section 2 was amended to comply with the drafting requirements of KRS 13A.222(4); and (5) Section 3 was amended to clarify language.
The Subcommittee determined that the following administrative regulations complied with statutory authority:
Board for Specialists in Hearing Instruments
201 KAR 7:015. Fees. Nancy Black, Division of Occupations and Professions; and Mark Brengelman, Assistant Attorney General, represented the Board.
In response to a question by Representative Allen, Ms. Black stated that: (1) this administrative regulation increased the examination fee because the National Hearing Instruments Society had: (a) upgraded the examination; and (b) increased the costs of the examination to the Board; (2) the Board: (a) charged the same examination fee to its applicants; and (b) did not receive a profit from the examination; (3) the fee was: (a) charged to the applicant; and (b) sent directly to the national testing organization; (4) the examination was a licensure requirement; and (5) the national organization had: (a) last improved the examination in the 1970s; and (b) switched to a psychometric examination that was continually upgraded, analyzed, and improved.
In response to questions by Chairman Arnold, Ms. Black stated that: (1) affected applicants had been notified about the examination fee increase; (2) the Hearing Instruments Specialists of Kentucky had: (a) received a notification; (b) published information about the increase in its newsletter; and (c) announced the increase at its spring conference; (3) the Board would be sending a notice to each applicant prior to the application deadline; and (4) the fee increase would become effective in December, 2000.
Representative Allen stated that: (1) this administrative regulation provided a good example of how government did not stop increasing fees and regulations; (2) state agencies: (a) now had over a $6 billion budget, which was almost half of the general fund; and (b) kept increasing fees; and (3) he wanted to make a motion for a roll call vote on this administrative regulation.
Chairman Arnold stated that the motion died for lack of a second.
Ms. Black stated that the national examination was a licensure requirement designed to protect the public by ensuring that hearing instrument specialists were qualified for their positions.
In response to questions by Representative Bruce, Ms. Black stated that: (1) she would provide the Subcommittee with a copy of a letter the Board had received from the national organization that explained the reasons for the examination fee increase; (2) the fee increased from $35 to $95; and (3) there were approximately 55 applicants each year for this examination.
Finance And Administration Cabinet: Commercial Mobile Radio Service Emergency Telecommunications Board
202 KAR 6:010 & E. Definitions for 202 KAR Chapter 6. John Patterson, CMRS Board Administrator, represented the Board.
202 KAR 6:040E. Dispute resolution. Subcommittee staff stated that: (1) this emergency administrative regulation: (a) would expire on June 19; and (b) designated the American Arbitration Association as the entity from which an arbitrator shall be engaged to resolve a dispute; (2) Subcommittee staff was working with the agency to revise this administrative regulation to use the KRS Chapter 13B hearing process rather than arbitration; and (3) the agency wanted this emergency administrative regulation to expire.
In response to a question by Chairman Arnold and Representative Bruce, Mr. Patterson stated that: (1) the statute required the board to promulgate an administrative regulation as a means of managing disputes with the carriers and 911 centers in Kentucky when they disagreed with a Board ruling; and (2) the Board had: (a) promulgated this emergency administrative regulation to refer those matters to the American Arbitration Association; (b) been informed by Subcommittee staff that administrative agencies were encouraged or required to follow the administrative hearing procedures established in KRS Chapter 13B; and (c) agreed to work with Subcommittee staff to revise this administrative regulation to conform with KRS Chapter 13B.
In response to a question by Chairman Arnold, Subcommittee staff stated that this administrative regulation was promulgated as an emergency to meet federal guidelines.
Natural Resources And Environmental Protection Cabinet: Department for Environmental Protection: Division for Air Quality: General Administrative Procedures
401 KAR 50:039. Repeal of 401 KAR 50:037. John Hornback, Director, Division of Air Quality, represented the Department.
Attainment and Maintenance of the National Ambient Air Quality Standards
401 KAR 51:056. Repeal of 401 KAR 51:055.
New Source Standards
401 KAR 59:311. Repeal of 401 KAR 59:310.
New Source Performance Standards
401 KAR 60:670. Standards of performance for nonmetallic mineral processing plants.
Justice Cabinet: Department of Corrections: Office of the Secretary
501 KAR 6:070. Kentucky Correctional Institution for Women. Steve Durham, General Counsel, and Tamela Biggs, Staff Attorney, represented the Department.
Workforce Development Cabinet: Department for Adult and Technical Education: Personnel System for Certified and Equivalent Employees
780 KAR 3:071 & E. Repeal of 780 KAR 3:070. Sherry Deatrick, General Counsel, and Gary Brunker represented the Department.
Unclassified Personnel Administrative Regulations
780 KAR 6:061 & E. Repeal of 780 KAR 6:060.
Department for the Blind: Department
782 KAR 1:040. Appeal procedures. George Parsons represented the Department.
Department for Employment Services: Unemployment Insurance
787 KAR 1:210. Employer contribution rates. Bob McWilliams, Assistant Director, represented the Department.
In response to a question by Representative Bruce, Mr. McWilliams stated that: (1) as a result of legislation enacted during the 2000 Regular Session, the unemployment rates would be reduced; (2) the rates that will be published for the year 2000 would not reflect the reduction; and (3) beginning in 2001, the new tax rates will be reduced.
Cabinet For Families And Children: Department for Community Based Services: K-Tap, Kentucky Works, Welfare to Work, State Supplementation
921 KAR 2:015 & E. Supplemental programs for persons who are aged, blind, or have a disability. Rosanne Barkley, Policy Analyst, and Elizabeth Caywood, Welfare-to-Work Policy Specialist, represented the Department.
In response to a question by Representative Bruce, Ms. Barkley stated that the Welfare-to-Work program did not include the WIC program, which was a program of the Cabinet for Health Services.
921 KAR 2:490. Welfare to Work Grant Program.
Food Stamp Program
921 KAR 3:030 & E. Application process. Rosanne Barkley, Policy Analyst, and Lane Kemp represented the Department.
In response to a question by Chairman Arnold, Ms. Barkley stated that the food stamp program was a federal program administered in Kentucky.
The Subcommittee and promulgating administrative bodies agreed to defer consideration of the following administrative regulations to the June 13, 2000 meeting of the Subcommittee:
Kentucky Athletic Commission
201 KAR 27:005. Definitions.
201 KAR 27:008. Licensing requirements and fees.
201 KAR 27:010. General requirements for boxing, elimination events, kick boxing, matches, shows, or exhibitions.
201 KAR 27:012. Wrestling requirements.
201 KAR 27:013. Scoring and conduct of boxing, kick boxing, and elimination events.
201 KAR 27:014. Female boxing guidelines.
201 KAR 27:015. Prompt payment of fees, fines and forfeitures required.
201 KAR 27:035. Seconds.
201 KAR 27:085. Promoters.
Tourism Development Cabinet: Department of Fish and Wildlife Resources: Game
301 KAR 2:221E. Waterfowl seasons and limits.
Justice Cabinet: Department of Corrections: Office of the Secretary
501 KAR 6:020E. Corrections policies and procedures.
501 KAR 6:190E. Approval process for mental health professional performing comprehensive sex offender presentence evaluations.
501 KAR 6:200E. Comprehensive sex offender presentence evaluation procedure.
Education, Arts And Humanities Cabinet: Education Professional Standards Board
704 KAR 20:740. Certification requirements for teachers of exceptional children.
Board of Education: Department of Education: Division of Exceptional Children Services: Exceptional and Handicapped Programs
707 KAR 1:011. Repeal of 707 KAR 1:015, 707 KAR 1:040, 707 KAR 1:045, 707 KAR 1:090, 707 KAR 1:100, 707 KAR 1:110, 707 KAR 1:120, 707 KAR 1:130, 707 KAR 1:130, 707 KAR 1:140, 707 KAR 1:150, 707 KAR 1:160, 707 KAR 1:170, 707 KAR 1:180, 707 KAR 1:190, 707 KAR 1:200, 707 KAR 1:210, 707 KAR 1:220, 707 KAR 1:230, 707 KAR 1:240, 707 KAR 1:250, 707 KAR 1:260.
Department of Financial Institutions: Securities
808 KAR 10:030. Conduct of broker-dealers, agents, and employees; investment advisers and representatives.
Cabinet For Health Services: Department for Medicaid Services: Division of Physical Health: Medicaid Services
907 KAR 1:012E. Inpatient hospital services.
907 KAR 1:013E. Payments for hospital inpatient services.
Department for Mental Health and Mental Retardation Services: Mental Health
908 KAR 2:210E. Domestic violence offender treatment certification standards.
Institutional Care
908 KAR 3:050E. Per diem rate pursuant to the “Patient Liability Act of 1978.”
OTHER BUSINESS:
Next Meeting:
The July meeting will be at 10:00 on Tuesday, July 11. Because of a scheduling conflict for many members on the regular meeting date, the August meeting will be held on August 1, 2000, at 10:00 a.m., upon approval by the Legislative Research Commission.
The Subcommittee adjourned at 11 a.m. until July 11, 2000, at 10 a.m. in Room 149 of the Capitol Annex.