The April meeting of the Administrative Regulation Review Subcommittee was held on Tuesday, April 8, 2003, at 10:00 AM, in Room 149 of the Capitol Annex. Representative John Arnold, Jr, Co-Chair, called the meeting to order, and the secretary called the roll.
Present were:
Members: Senator Damon Thayer, Co-Chair; Representative John Arnold Jr, Co-Chair; Senators Joey Pendleton, Richard Roeding, and Gary Tapp; Representatives James Bruce, Jimmie Lee, and Jon David Reinhardt.
Guests: Rosemary F. Center, Stephen Smith, Registry of Election Finance; Scott C. Sutherland, Office of the Attorney General; Eddie Mattingly, Revenue Cabinet; Gary Munsie, Board of Dentistry; Carey Anderson, Jerry W. Herndon, James Grawe, Board of Architects; Mark Farrow, Ann Stewart, Department of Agriculture; Steve Lynn, Department of Criminal Justice Training; Elizabeth Baker, Simon Cornett, James Grider, Transportation Cabinet; Kevin Noland, Board of Education; Chuck Stribling, Tim Chancellor, Kembra Taylor, Labor Cabinet; Glenn Jennings, DJ Wasson, Department of Insurance; Marc A. Guilfoil, Bambi Todd, Bernard J. Hettel, Racing Commission; Patty Sewell, Jim Carreer, Cabinet for Health Services; Lane Kemp, Shirley Eldridge, Sharon L. Chisley, Karen Doyle, Stephanie Brammer-Barnes, Cabinet for Families and Children; Lyle D. Cobb, Smokeless Tobacco, Inc.; Larry Depp, Ky. Consulting Engrs. Council; John Sacksteder, HMB Professional Engineers; Ted Bradshaw, AAI & ACLI and Ronny Pryor.
LRC Staff: Dave Nicholas, Donna Little, Edna Lowery, Karen Smith, Sarah Amburgey, Donna Kemper, Emily Caudill, and Ellen Steinberg.
The Administrative Regulation Review Subcommittee met on Tuesday, April 8, 2003, and submits this report:
OTHER BUSINESS:
Subcommittee staff stated that all members of the Subcommittee had been appointed pursuant to 2003 Senate Bill 221 (SB 221). Their first order of business was to elect Subcommittee Co-Chairs as provided by SB 221.
Representative Bruce made a motion, seconded by Representative Reinhardt, to nominate Representative Arnold as the House Subcommittee Co-Chair. Representative Lee made a motion, seconded by Representative Bruce, to close the nominations and that Representative Arnold be elected by acclimation. Without objection, it was so ordered.
Senator Roeding made a motion, seconded by Senator Pendleton, to nominate Senator Thayer as the Senate Subcommittee Co-Chair. Senator Roeding made a motion, seconded by Senator Pendleton, to close the nominations and that Senator Thayer be elected by acclimation. Without objection, it was so ordered.
Co-Chair Arnold introduced the members of the Subcommittee. He welcomed the new members and in particular Senator Thayer as the new Co-Chair.
Subcommittee staff stated that the major procedural change for the Subcommittee under SB 221 required any action by the Subcommittee to be taken by a majority of the entire Subcommittee membership. If a disagreement arose about an item of business, a roll call vote would be used to determine if there were five votes in support of the action. Additionally, the Subcommittee Co-Chairs had agreed to continue the practice of holding the Subcommittee meetings on the second Tuesday of each month at 10:00 a.m. The Co-Chairs had agreed to alternate presiding at the meetings and had established a schedule for the next several months. Co-Chair Arnold would preside in April and May and Co-Chair Thayer would preside in June.
Administrative Regulations reviewed by the Subcommittee:
Department of State: Registry of Election Finance: Reports and Forms
32 KAR 1:100 & E. Slate software. Rosemary Center, General Counsel, and Stephen Smith represented the Registry.
Co-Chair Thayer complimented the Registry on their electronic filing program and the excellent service they provided to candidates who used it. The program was a great service and time saver for candidates. He stated that upon filing as a candidate, candidates received information about the program.
In response to questions by Senator Roeding, Ms. Center stated that the filing program was available for all statewide races at no cost to the candidates. Stephen Smith was the contact person for any technical difficulties with the program.
In response to a question by Representative Bruce, Ms. Center stated that a candidate could use campaign funds to purchase a computer if it was used for the campaign.
A motion was made and seconded to approve the following amendments: various sections were amended to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
32 KAR 1:190 & E. Forms for gubernatorial slates of candidates and related filers. A motion was made and seconded to approve the following amendments: (1) the STATUTORY AUTHORITY paragraph was amended to correct a citation; and (2) various sections were amended to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Department of Law: Office of the Attorney General: Division of Consumer Protection
40 KAR 2:078. Interface with federal database. Scott Sutherland, Assistant Attorney General, represented the Division.
In response to a question by Senator Roeding, Subcommittee staff stated that as amended, this administrative regulation complied with its statutory authority.
In response to questions by Representative Reinhardt, Subcommittee staff stated that most of the amendments to the administrative regulations were initiated by Subcommittee staff as suggestions. Subcommittee staff reviewed the administrative regulations for conformity with the authorizing statutes and the drafting and format requirements of KRS Chapter 13A. The staff then worked with agency representatives to draft amendments for the administrative regulations that would achieve the necessary statutory conformity.
A motion was made and seconded to approve the following amendments: (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) Section 1 was amended to clearly establish the duties of the Attorney General to interface with the National Do Not Call registry. Without objection, and with agreement of the agency, the amendments were approved.
Revenue Cabinet: General Administration
103 KAR 1:050. Forms manual. Eddie Mattingly, Division of Tax Policy, represented the Cabinet.
In response to questions by Senator Roeding, Mr. Mattingly stated that the Cabinet maintained an entire set of their forms at their central office and with the Administrative Regulation Compiler. Additionally, some forms were available at their district offices.
A motion was made and seconded to approve the following amendments: various sections were amended to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Board of Dentistry
201 KAR 8:470. Coronal polishing duties of dental assistants. Gary Munsie, Director, represented the Board.
Board of Examiners and Registration of Architects
Subcommittee staff stated that there were several statutory issues regarding 201 KAR Chapter 19, as enabled by KRS 323.400 to 323.416 and 323.992. First, enabling statutes contained conflicting definitions of "The Board" and required change. The name of the oversight board was changed in the 2000 Session of the General Assembly, via Senate Bill 230. KRS 323.010(1) defined "The Board" as "The Kentucky Board of Architects." KRS 323.400(1) defined "The Board" as "The State Board of Examiners and Registration of Architects." The term "The Board," as used in statute and in the administrative regulations, meant "The Kentucky Board of Architects." A conforming definition should replace the conflicting definition in KRS 323.400(1).
Second, statutory language needed to be added to KRS 323.406 and 323.412 to grant the board authority to promulgate administrative regulations to establish a wider range of sanctions for infractions of professional rules or ethics.
Third, statutory language needed to be added to KRS 323.406(2) to grant the board authority to promulgate administrative regulations to establish fees for the full range of services provided by the board, in particular, a fee for application for certification.
Fourth, statutory language needed to be added to KRS 323.410(5) to grant the board authority to add reciprocity to the bases upon which certification shall be granted to an interior designer credentialed in another jurisdiction.
201 KAR 19:305. Accredited schools and colleges for certified interior designers. Jerry Herndon, Executive Director, Jim Grawe, General Counsel, and Kathy Shipley, Interior Designer, represented the Board.
A motion was made and seconded to approve the following amendments: (1) the RELATES TO and STATUTORY AUTHORITY paragraphs were amended to correct statutory citations; and (2) a Definitions section was added. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 19:310. Application for certification as an interior designer. A motion was made and seconded to approve the following amendments: various sections were amended to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 19:315. Qualifications for certification. A motion was made and seconded to approve the following amendments: (1) the RELATES TO, STATUTORY AUTHORITY, and NECESSITY, FUNCTION, AND CONFORMITY paragraphs were amended to correct statutory citations; (2) a Definitions section was added; and (3) various sections were amended to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 19:320. Limited period of certification by prior experience. A motion was made and seconded to approve the following amendments: (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 comply with the drafting and format requirements of KRS Chapter 13A; and (3) Section 1(1) was deleted as repeating statutory language. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 19:325. Certification by persons credentialed in other jurisdictions. A motion was made and seconded to approve the following amendments: (1) the RELATES TO, STATUTORY AUTHORITY, and NECESSITY, FUNCTION, AND CONFORMITY paragraphs were amended to correct statutory citations; (2) Section 1 was amended for clarity; and (3) Section 1(2)(b) regarding reciprocity was deleted, as being beyond statutory authority. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 19:330. Certification renewal. Senator Roeding congratulated the Board for exempting from certification renewal those on active military duty. He stated that he hoped the other professional boards would follow their example.
A motion was made and seconded to approve the following amendments: (1) the RELATES TO, STATUTORY AUTHORITY, and NECESSITY, FUNCTION, AND CONFORMITY paragraphs were amended to correct statutory citations; (2) Sections 1 and 2 were amended for clarity; (3) Section 1(4), requiring revocation in certain circumstances, was added; and (4) Section 2 was amended to add a regulatory citation. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 19:335. Fees for interior design. In response to a question by Senator Roeding, Mr. Herndon stated that the certification fees for interior designers were newly established in response to the new statutory certification process.
In response to a question by Senator Roeding, Ms. Shipley stated that Kentucky's interior designer certification fees were comparable to those of surrounding states.
A motion was made and seconded to approve the following amendments: (1) the Title was amended for clarity; (2) the RELATES TO, STATUTORY AUTHORITY, and NECESSITY, FUNCTION, AND CONFORMITY paragraphs were amended to correct statutory citations; and (3) Section 1 was amended to substitute the: (a) term "initial certification application" for "application for certification"; and (b) word "certificate" for "license". Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 19:340. Continuing education. A motion was made and seconded to approve the following amendments: (1) the Title was amended for clarity; (2) the RELATES TO, STATUTORY AUTHORITY, and NECESSITY, FUNCTION, AND CONFORMITY paragraphs were amended to correct statutory citations; (3) Section 1 was amended for clarity; (4) Section 2 was deleted as superfluous; and (5) various sections were amended to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 19:345. Signature of documents by certified interior designers; use of title. A motion was made and seconded to approve the following amendments: (1) the RELATES TO, STATUTORY AUTHORITY, and NECESSITY, FUNCTION, AND CONFORMITY paragraphs were amended to correct statutory citations; and (2) various sections were amended for clarity. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 19:350. Unprofessional conduct. A motion was made and seconded to approve the following amendments: (1) the RELATES TO, STATUTORY AUTHORITY, and NECESSITY, FUNCTION, AND CONFORMITY paragraphs were amended to correct statutory citations; (2) Section 1 was deleted as: (a) beyond statutory authority; (b) repeating statutory language; or (c) redundant; (3) Section 2(d) was deleted as conflicting with statutory language and to substitute conforming language; and (4) various sections were amended to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Department of Agriculture: Amusement Rides
302 KAR 16:010. Permit for operation of amusement rides or amusement attractions in Kentucky. Mark Farrow, General Counsel, represented the Department.
In response to a question by Representative Bruce, Mr. Farrow stated that Kentucky had a very low rate of accidents for amusement rides and attractions due to the Department's effective inspection program.
In response to a question by Co-Chair Arnold, Mr. Farrow stated that the requirements of 302 KAR 16:010 to 302 KAR 16:070 applied to any kind of amusement rides or attractions, including temporary local carnivals and fixed sites such as Kentucky Kingdom.
A motion was made and seconded to approve the following amendments: (1) a new Section 5 was created to incorporate by reference the required forms; and (2) the RELATES TO, STATUTORY AUTHORITY, and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Section 3 were amended to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
302 KAR 16:020. Operation of amusement rides or amusement attractions. A motion was made and seconded to approve the following amendments: the RELATES TO, STATUTORY AUTHORITY, and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Sections 1, 2, and 7 were amended to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
302 KAR 16:030. Determination of safety violations which cannot be corrected immediately. A motion was made and seconded to approve the following amendments: the RELATES TO, STATUTORY AUTHORITY, and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Section 2 were amended to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
302 KAR 16:040. Correction of safety violations and right to reinspection. A motion was made and seconded to approve the following amendments: the RELATES TO, STATUTORY AUTHORITY, and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Sections 1, 2, and 3 were amended to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
302 KAR 16:051. Repeal of 302 KAR 16:050 and 302 KAR 16:060.
302 KAR 16:070. Reports of injuries involving amusement rides and amusement attractions. A motion was made and seconded to approve the following amendments: the RELATES TO paragraph and Sections 2 and 3 were amended to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Justice Cabinet: Department of Criminal Justice Training: Kentucky Law Enforcement Council
503 KAR 1:140 & E. Peace officer professional standards. Steve Lynn, Assistant General Counsel, represented the Department.
A motion was made and seconded to approve the following amendments: various sections were amended to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Law Enforcement Foundation Program Fund
503 KAR 5:090 & E. Participation: requirements; application; withdrawal. In response to a question by Senator Roeding, Mr. Lynn stated that this administrative regulation had been filed as an emergency administrative regulation to address immediately the shortage of available qualified officers.
A motion was made and seconded to approve the following amendments: (1) Sections 1, 2, 4, and 7 were amended to correct and specify citations; and (2) various sections were amended to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Transportation Cabinet: Department of Highways: Division of Professional Services: Professional Engineering and Related Services
600 KAR 6:040. Prequalification of firms for professional engineering or related services. Elizabeth Baker, Assistant General Counsel, Simon Cornett, Director, Division of Traffic, and James Grider, Director, Division of Professional Services, represented the Department.
In response to questions by Senator Roeding, Mr. Grider stated that professional engineering firms were required to be prequalified to provide services to the state. Prequalification ensured the firms had the necessary proficiency and experience. To become prequalified, a firm submitted a standard application form and it was judged based on standards and criteria developed by the relevant operating division of the Department.
A motion was made and seconded to approve the following amendments: (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; and (3) Sections 1 and 8 were amended to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
600 KAR 6:060. Professional engineering service selection committee. In response to a question by Senator Roeding, Mr. Grider stated that the selection committee was comprised of five individuals who reviewed the proposals to provide engineering services and selected the best qualified consultant.
In response to questions from Senator Roeding, Ms. Baker stated that the committee appointments were established by statute.
Right of Way
603 KAR 4:035. Log signs; placement along fully-controlled and partially-controlled access highways. In response to a question by Senator Roeding, Ms. Baker stated that the amendments to this administrative regulation did not affect the logo sign application fee.
In response to questions from Co-Chair Thayer, Mr. Cornett stated that the amendments to this administrative regulation permitted a shopping center to have a logo sign if it satisfied the regulatory criteria. A business could obtain a logo sign for $600 per direction, per year.
In response to questions from Representative Reinhardt, Ms. Baker stated that this administrative regulation was amended to define shopping malls and shopping areas. The definitions contained the eligibility criteria for a logo sign. The Cabinet believed the definitions implemented the statutory intent of KRS 177.0739.
Co-Chair Thayer complimented the Logo sign program because it provided a helpful service at a fair price. He suggested that the Cabinet could encourage interested businesses to participate in the program if the Cabinet was more proactive in informing the businesses how to do so.
A motion was made and seconded to approve the following amendments: (1) Sections 1 and 8 were amended to delete provisions regarding "regional shopping centers" and to add definitions and other provisions regarding "shopping areas" and "shopping malls" so that they could qualify for tourist attractions logo signs pursuant to KRS 177.0739; (2) Sections 1 to 15 were amended to replace outdated terminology with current statutory terminology; (3) the STATUTORY AUTHORITY paragraph was amended to include KRS 177.0739; and (4) Sections 1 to 5, 7 to 9, 13 to 14, and 17 were amended to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
603 KAR 4:040. TODS signs; placement on public roads other than interstates or parkways. In response to a question by Senator Roeding, Ms. Baker stated that the amendments to this administrative regulation did not affect the TODS application fee.
In response to questions by Co-Chair Thayer, Ms. Baker stated that TODS stood for Tourist Oriented Directional Signs.
In response to questions by Co-Chair Thayer, Mr. Cornett stated that TODS typically were located on lesser class roads such as primary routes rather than on interstate or parkway exit ramps. They did not contain logos. Instead, they were blue panel signs with white lettering stating the name of a business, and its direction and distance.
In response to a question by Co-Chair Arnold, Mr. Cornett stated that that it was less expensive to procure a TODS sign than a Logo sign.
A motion was made and seconded to approve the following amendments: (1) Section 1 was amended to delete provisions regarding "regional shopping centers" and to add definitions and other provisions regarding "shopping areas" and "shopping malls" so that they could qualify for tourist attractions TODS signs pursuant to KRS 177.0739; (2) Section 9 was amended to clarify the priority of eligible tourist activities for TODS signs; (3) Section 10(2) was deleted as it was outdated and no longer needed; (4) Section 18 was amended to incorporate by reference required standards; and (5) Sections 1, 3, 4, 5, 8, 9, 10, 15, and 18 were amended to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
603 KAR 4:045. Cultural and recreational supplemental guide signs and boundary signs.
In response to questions by Senator Roeding, Ms. Baker stated that this administrative regulation did not define "community boundary." The Cabinet was willing to inform the county-judge executives that boundary signs were available for their communities.
A motion was made and seconded to approve the following amendments: (1) Sections 1 and 10 were amended to replace the definition of and provisions regarding "agritourism" with the definition of and provisions regarding "temporary agritourism cites" to conform to 302 KAR 39:010; (2) Section 12 was amended to clarify the general provisions for boundary signs; (3) Section 13 was amended to incorporate by reference required standards; and (4) the RELATES TO, STATUTORY AUTHORITY, and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Sections 1, 4, 5, and 7 to 13 were amended to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Education, Arts, and Humanities Cabinet: Kentucky Board of Education: Office of District Support Services: School Terms, Attendance and Operation
702 KAR 7:125. Pupil attendance. Kevin Noland represented the Board.
A motion was made and seconded to approve the following amendments: Sections 2, 3, 7, 12, 15, 17, and 21 were amended to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Labor Cabinet: Occupational Safety and Health
803 KAR 2:180 & E. Recordkeeping; statistics. Kembra Taylor, General Counsel, Chuck Stribling, OSHA Safety Standards Specialist, and Tim Chancellor, OSHA Health Standards Specialist, represented the Cabinet.
In response to a question by Senator Roeding, Mr. Chancellor stated that the recordkeeping forms were amended to comply with a federal mandate. The federal government estimated that it would cost employers less than two (2) dollars a year to implement the changes.
A motion was made and seconded to approve the following amendments: the RELATES TO paragraph and Sections 1 and 2 were amended to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
803 KAR 2:406 & E. Signs, signals, and barricades. In response to questions by Representative Reinhardt, Mr. Stribling stated that this administrative regulation adopted the federal highway manual for uniform traffic control devices. The manual established safety specifications for the signs, signals, and barricades used in road construction based on factors such as the type of road, traffic, and roadwork and the length of the construction project. The manual's requirements were enforced by the Labor Cabinet's Division of Compliance and also the Department of Transportation if state contracts were involved.
803 KAR 2:500 & E. Maritime employment.
Public Protection and Regulation Cabinet: Department of Insurance: Agents, Consultants, Solicitors and Adjusters
806 KAR 9:220. Continuing education. Glenn Jennings, Deputy Commissioner, represented the Department.
In response to a question by Representative Bruce, Mr. Jennings stated that this administrative regulation was amended to provide agents more time to submit documentation of their continuing education courses.
A motion was made and seconded to approve the following amendments: (1) Sections 2, 4, and 6 were amended to specify citations; and (2) various sections were amended to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Kentucky Racing Commission: Harness Racing
811 KAR 1:090. Stimulants and drugs. Bernie Hettel, Executive Director, and Marc Guilfoil represented the Commission.
In response to questions from Co-Chair Thayer, Mr. Hettel stated that to prevent the practice of milkshaking, this administrative regulation was amended to prohibit a horse from leaving the paddock after the first blood was drawn for a Total Carbon Dioxide test (TCO2). Milkshaking was easier to test for in standardbred racing because the horses warmed up several hours prior to the race and then were confined in the holding paddock.
In response to questions from Co-Chair Arnold, Mr. Hettel stated that milkshaking was the practice of giving a horse a mixture of bicarbonate of soda and other particulates that increased the horse's ability to perform by affecting the horse's stress level and ability to process oxygen.
A motion was made and seconded to approve the following amendments: (1) Section 14(3)(a) was amended to clarify the lasix provisions; and (2) Sections 1, 3, 4, 5, 7, 10, 11, 14, 16, and 17 were amended to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
811 KAR 1:125. Pari-mutuel rules. A motion was made and seconded to approve the following amendments: Sections 11 to 14 were amended to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
811 KAR 1:215. Kentucky Standardbred Development Fund. In response to a question by Senator Roeding, Mr. Hettel stated that the amendments to this administrative regulation did not affect the Kentucky Standardbred Development Fund application fee.
In response to questions by Co-Chair Thayer, Mr. Hettel stated that the Commission amended this administrative regulation to eliminate the practice of implanting fertilized eggs from a donor mare into other brood mares of lesser value. That practice had become problematic in other countries and the Commission wanted to prevent it from becoming widespread in Kentucky.
Senator Pendleton stated that he appreciated the Commission's response to this problem and hoped that it would encourage the resurgence of standardbred and quarter horse racing in Kentucky.
A motion was made and seconded to approve the following amendments: Sections 9, 20, 22, and 27 were amended to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
811 KAR 1:225. Substance abuse by commission employees and licensees. A motion was made and seconded to approve the following amendments: Sections 2, 3, 4, 6, and 7 were amended to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Cabinet for Health Services: Department for Medicaid Services: Medicaid Services
907 KAR 1:715. School-based health services. Patty Sewell, Manager, represented the Department.
In response to questions by Senator Roeding, Ms. Sewell stated that the amendments to this administrative regulation established Medicaid rates for different school-based health services based on the reporting of those services and their costs in the past year. The rates were not increased as a result of the amendments.
A motion was made and seconded to approve the following amendments: (1) the STATUTORY AUTHORITY paragraph was amended to correct a statutory citation; and (2) Sections 1, 2, 3, and 4 were amended to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Cabinet for Families and Children: Department for Community Based Services: Family Support: Food Stamp Program
921 KAR 3:025 & E. Technical requirements. Karen Doyle, Stephanie Brammer-Barnes, and Lane Kemp represented the Department.
In response to questions from Co-Chair Thayer, Ms. Kemp stated that this administrative regulation assisted disabled immigrants who were legally admitted in the United States in obtaining food stamps. To benefit, the immigrants did not have to be naturalized citizens.
In response to questions from Senator Roeding, Ms. Kemp stated that this administrative regulation would not increase food stamp costs in Kentucky because the food stamp program was entirely federally funded.
Protection and Permanency: Child Welfare
922 KAR 1:490. Background checks for foster and adoptive parents and reporting requirements. In response to a question by Senator Roeding, Ms. Brammer-Barnes stated that any safety concerns regarding background checks for foster and adoptive parents should be satisfied by House Bill 355. Under HB 355, that investigative process was now more thorough and efficient.
A motion was made and seconded to approve the following amendments: (1) the RELATES TO, STATUTORY AUTHORITY, and NECESSITY, FUNCTION, AND CONFORMITY paragraphs were amended to correct statutory citations; and (2) various Sections were amended to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
The Subcommittee and the promulgating administrative agencies agreed to defer consideration of the following administrative regulations to the next meeting of the Subcommittee:
Governor's Office for Technology: Kentucky Information Systems Commission: Information Systems
14 KAR 1:010E. Statewide information technology planning.
Education Professional Standards Board: General Administration
16 KAR 1:040E. Teachers' National Certification Incentive Trust Fund.
Department of State: Registry of Election Finance: Reports and Forms
32 KAR 1:200E. Transfers of public funds for gubernatorial slates of candidates.
Kentucky Employees' Retirement System: General Rules
105 KAR 1:150E. Installment purchase procedures.
105 KAR 1:370E. Kentucky Retirement Systems personnel policies.
Boards and Commissions: State Board for Proprietary Education
201 KAR 40:040E. Commercial driver license training school curriculum.
201 KAR 40:050E. Application for license for commercial driver license training school.
201 KAR 40:060E. Application for renewal of license for commercial driver license training school.
201 KAR 40:070E. Commercial driver license training school instructor and agent application and renewal procedures.
201 KAR 40:080E. Maintenance of student records, schedule of fees charged to students, contracts and agreements involving licensed commercial driver training schools, advertising and solicitation of students by commercial driver license training schools.
201 KAR 40:090E. Complaint procedure against agents, commercial driver license training schools, uncredentialed agents, and uncredentialed commercial driver license training schools.
Tourism Development Cabinet: Department of Fish and Wildlife Resources: Game
301 KAR 2:185. Hunter education training.
Natural Resources and Environmental Protection Cabinet: Department for Environmental Protection: Division for Air Quality: General Standards of Performance
401 KAR 63:105. Requirements for control technology determinations for major sources in accordance with Clean Air Act section 112(g) and (j).
Department for Surface Mining Reclamation and Enforcement: Surface Effects of Noncoal Mining
405 KAR 5:001E. Definitions for 405 KAR Chapter 5.
405 KAR 5:030E. Permit requirements.
405 KAR 5:035E. Signs, markers, and safety barriers.
405 KAR 5:038E. Blasting.
405 KAR 5:045E. Protection of environmental resources.
405 KAR 5:053E. Replacement of water supply.
405 KAR 5:060E. Handling of materials.
405 KAR 5:075E. Contemporaneous reclamation.
405 KAR 5:080E. Reclamation bond.
Justice Cabinet: Department of Criminal Justice Training: Kentucky Law Enforcement Council
503 KAR 1:110 & E. Department of Criminal Justice Training basic training: graduation requirements; records. Steve Lynn, Assistant General Counsel, represented the Department.
In response to questions by Representative Reinhardt, Mr. Lynn stated that the amendments to this administrative regulation increased the required hours of basic training from 650 to 660 hours. Only 640 hours were required when the program was initiated. He would find out whether the program had been evaluated to determine if any of the current hours were no longer necessary so that new material could be added to the training program without increasing the program's length.
Senator Roeding stated that the regulatory impact analysis for this administrative regulation only examined the financial impact of the amendments on the Department. He hoped the Subcommittee would work for legislative change so the analysis also would examine the financial impact on the regulated entities.
In response to questions by Representative Lee, Mr. Lynn stated that he believed the local governments were aware of the increased training requirements and the resulting increased training costs established by the amendments to this administrative regulation. The amendments were proposed by the Kentucky Law Enforcement Council which had representatives from local governments across the state.
Representative Lee stated that before the Subcommittee reviewed an unfunded local mandate, he wanted the Subcommittee to have some assurance that the affected entities were notified about the mandate. He questioned whether there had been sufficient notification for this mandate.
To provide the Department an opportunity to assure the Subcommittee that sufficient notification had occurred, Representative Bruce made a motion, which was seconded, to defer review of this administrative regulation. Without objection, and with agreement of the agency, this administrative regulation was deferred.
Transportation Cabinet: Department of Highways: Division of Professional Services: Professional Engineering and Related Services
600 KAR 6:070. Contracting for professional engineering or related services. Elizabeth Baker, Assistant General Counsel, Simon Cornett, Director, Division of Traffic, and James Grider, Director, Division of Professional Services, represented the Department.
In response to a question by Senator Roeding, Mr. Grider stated that travel time for survey crews was calculated as a direct cost with a multiplier of 1.3 and could not be added into overhead or profit.
Senator Roeding made a motion, seconded by Representative Bruce, to defer review of this administrative regulation. Without objection, and with agreement of the Department, this administrative regulation was deferred.
600 KAR 6:080. Financial records and audits of firms. In response to questions by Senator Roeding, Ms. Baker stated that this administrative regulation was amended to implement direct salary caps for engineer consultants with a maximum per hour rate and a maximum per year total. It increased the yearly salary caps per firm by $20,000 for a total of $120,000. However, the amendment would increase state road construction costs by less than one-half a percent.
In response to questions by Senator Roeding, Mr. Grider stated that the amendments did not create a true salary increase if inflation adjustments were considered.
In response to questions by Representative Bruce, Mr. Grider stated that engineers employed by the Cabinet completed a substantial number of the Cabinet's projects. The Cabinet did not utilize outside consultants for engineering projects unless a determination was made that there was insufficient current staffing to complete the project within the approved six-year time frame.
Representative Reinhardt stated that he was interested in finding out the exact number of grade 17 and 18 engineers employed by the Cabinet and the exact percentage of projects that were completed by consultants.
Mr. Grider stated that the Cabinet tried to maintain the amount of engineers on staff that was suitable for completing the average amount of projects that the Cabinet would have each year. The Cabinet did not want to maintain excess staffing during the years where budgetary concerns reduced the amount of projects that were funded.
Senator Roeding stated that he wanted further justification for a twenty percent (20%) salary cap increase considering the state's current financial situation. He made a motion, seconded by Representative Bruce, to defer review of this administrative regulation. Without objection, and with agreement of the Department, this administrative regulation was deferred.
Cabinet for Health Services: Certificate of Need
900 KAR 6:050E. Certificate of need administrative regulation.
Department for Public Health: Sanitation
902 KAR 10:060. On-site sewage disposal application fee.
Department for Health Services: Health Services and Facilities
902 KAR 20:014E. Effect of previous denial or revocation on applications for a license to operate a health facility or service.
Department for Medicaid Services: Medicaid Services
907 KAR 1:015E. Payments for hospital outpatient services.
907 KAR 1:065E. Payments for price-based nursing facility services.
907 KAR 1:145E. Supports for community living services for an individual with mental retardation or a developmental disability.
907 KAR 1:155E. Payments for supports for community living services for an individual with mental retardation or a developmental disability.
907 KAR 1:479E. Durable medical equipment covered benefits and reimbursement.
907 KAR 1:520E. Payments for targeted case management services for adults with chronic mental illness.
907 KAR 1:530E. Payments for targeted case management services for severely emotionally disturbed children.
Payment and Services
907 KAR 3:030E. Coverage and payments for IMPACT Plus services.
907 KAR 3:090E. Acquired brain injury services.
907 KAR 3:110E. Community mental health center substance abuse services.
Commission for Children with Special Health Care Needs: Kentucky Early Intervention System
911 KAR 2:120E. Kentucky Early Intervention Program evaluation and eligibility.
911 KAR 2:130E. Kentucky Early Intervention Program assessment and service planning.
911 KAR 2:200E. Coverage and payment for Kentucky Early Intervention Program services.
Cabinet for Families and Children: Department for Community Based Services: Family Support: K-TAP, Kentucky Works, Welfare to Work, State Supplementation
921 KAR 2:015E. Supplemental programs for persons who are aged, blind, or have a disability.
The Subcommittee adjourned at 11:55 p.m. until May 13, 2003, at 10 a.m., in Room 149 of the Capitol Annex.