The May meeting of the Administrative Regulation Review Subcommittee was held on Tuesday, May 11, 2004, at 10:30 AM, in Room 149 of the Capitol Annex. Senator Damon Thayer, Chair, called the meeting to order, and the secretary called the roll.
Present were:
Members: Senator Damon Thayer, Co-Chair; Representative Tanya Pullin, Co-Chair; Senators Joey Pendleton, Richard Roeding, and Gary Tapp; Representatives James Bruce, Jimmie Lee, and Jon David Reinhardt.
Guests: Ryan Halloran, Sarah B. Johnson, Kentucky Board of Elections; David N. Clinkenbeard, Finance and Administration Cabinet; Jennifer Franklin, Jim Grawe, Board of Occupational Therapy; Jack Damron, Darin Moore, Morgain Sprague, Justice and Public Safety Cabinet; Dana Fugazzi, David Garnett, Arthur McKee, Ricardo Moore, Todd Shipp, Transportation Cabinet; Kathy Adams, Rosanne Barkley, Elizabeth Caywood, Karen Doyle, Shirley Eldridge, Mike Weinrauch, Cabinet for Health and Family Services; Mary Ellen Horner, Chris Nolan, Ronny Pryor, Mike Ridenour.
LRC Staff: Dave Nicholas, Donna Little, Donna Kemper, Sarah Amburgey, Laura Milam, Ellen Steinberg, Emily Caudill and Jenifer Harrison.
Administrative regulations reviewed by the Subcommittee:
Kentucky Board of Elections
31 KAR 3:010. Current address of Kentucky registered voters and distribution of voter registration lists. Ryan Halloran, Assistant Attorney General, and Sarah Johnson represented the Board.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to include authorizing language; (2) to amend Section 1 to add the definition of "Advertisement"; (3) to amend the "Request for Voter Registration Data" form for clarifications; and (4) to amend various sections to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Finance and Administration Cabinet: Office of the Secretary: State-owned Buildings and Grounds
200 KAR 3:045. Monthly meal charges at mansions. David Clinkenbeard, Acting Director of Historic Properties, represented the Office.
In response to a question by Co-Chair Pullin, Mr. Clinkenbeard stated that this amended administrative regulation would accommodate the new status of the Executive Mansion and the Lieutenant Governor's Mansion.
General Government Cabinet: Board of Occupational Therapy
201 KAR 28:130. Supervision of occupational therapy assistants, occupational therapy aides, occupational therapy students, and temporary permit holders. Jim Grawe, Assistant Attorney General, and Jennifer Franklin, Division of Occupations and Professions, represented the Board.
Justice and Public Safety Cabinet: Department of Corrections: Office of the Secretary
501 KAR 6:040. Kentucky State Penitentiary. Jack Damron, Staff Attorney Manager, represented the Department.
A motion was made and seconded to approve the following amendments: to amend KSP 10-04-01 to delete an outdated reference. Without objection, and with agreement of the agency, the amendments were approved.
501 KAR 6:090. Frankfort Career Development Center. A motion was made and seconded to approve the following amendments: (1) to amend various policies to delete or correct outdated references; (2) to amend FCDC 02-02-01 to include non-expendable inventory items costing $500. Without objection, and with agreement of the agency, the amendments were approved.
Department of State Police: Personnel; General
502 KAR 5:011. Repeal of 502 KAR 5:010. Morgain Sprague, Counsel, and Darin Moore, Strategic Planning Branch, represented the Department.
General Traffic
502 KAR 15:010. Accident Reports. A motion was made and seconded to approve the following amendments: (1) to amend Section 6 to incorporate by reference required material; and (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 3 to 6 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Criminal History Record Information System
502 KAR 30:060. Dissemination of criminal history record information. In response to questions by Senator Roeding, Ms. Sprague stated that increasing the fee for a criminal history record check from four (4) dollars to ten (10) dollars would not necessarily quicken the process. The delay in performing requested checks resulted from insufficient staffing due to the personnel hiring freeze. The fee was being increased to reflect the Department's actual cost in performing the checks. Mr. Moore added that the increase would enable Kentucky to establish itself as a billing state and was comparable to the fees charged by surrounding states. The increase was necessary for the Department to recoup the cost of performing the checks.
In response to a question by Senator Tapp, Mr. Moore stated that the Department performed about 130 record checks per week. With the increase, the Department would no longer lose money in performing the checks. Additionally, once Kentucky was established as a billing state, the Criminal History Record Information System as a whole would be more efficient.
In response to a question by Representative Lee, Ms. Sprague stated that the System was operating with only fifty (50) percent staffing.
Representative Lee stated that given the importance of the record checks, he questioned why the System's open positions were not considered critical so that the hiring freeze would not apply. He requested the Department provide the Subcommittee with that information. The Department agreed to do so.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to specify authority for the forms incorporated by reference; (2) to amend Section 3(1) to include record checks for professional licenses; and (3) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 to 3 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Candidate Selection
502 KAR 45:115. Appeals.
Transportation Cabinet: Department of Vehicle Regulation: Office of Minority Affairs
600 KAR 4:010. Certification of disadvantaged, minority and women business enterprises. Todd Shipp, Assistant General Counsel, Dana Fugazzi, Staff Attorney, and Arthur McKee, Director, represented the Office.
In response to a question by Senator Roeding, Mr. McKee stated that the Office planned on placing more staff out in the field to better monitor the Disadvantaged Business Enterprise Program.
A motion was made and seconded to approve the following amendments: (1) to amend the TITLE and Sections 1 to 12 to comply with the requirements of the federal regulation and to use the same terminology as the federal regulation; (2) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to correct statutory citations; (3) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 to 7 and 9 to 12 to comply with the drafting and format requirements of KRS Chapter 13A; and (4) to amend Section 2 to specify that Kentucky's DBE program shall be implemented in accordance with the federal regulation, this administrative regulation, and the program plan approved by the Federal Highway Administration. Without objection, and with agreement of the agency, the amendments were approved.
600 KAR 4:021. Repeal of 600 KAR 4:020, The Disadvantaged, Minority and Woman Business Enterprise Program.
Motor Vehicle Commission
605 KAR 1:060. Temporary off-site sale or display event. David Garnett, Executive Director, represented the Commission.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to correct a statutory citation; and (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 2, 3, and 4 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 and Family Services: Department for Community Based Services: Protection and Permanency: Child Welfare
922 KAR 1:050. Approval of adoption assistance. Karen Doyle, Assistant Director, Elizabeth Caywood, and Kathy Adams represented the Cabinet.
In response to a question by Co-Chair Thayer, Ms. Adams stated that this administrative regulation was amended to clarify the procedures used to provide financial assistance to families adopting special needs children.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to correct statutory citations; (2) to amend the material incorporated by reference to change the cabinet name to "Cabinet for Health and Family Services" and make other minor corrections; and (3) to amend Sections 1, 3, 5, 6, and 10 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
922 KAR 1:320. Services appeals. In response to a question by Co-Chair Thayer, Ms. Doyle stated that this administrative regulation had been deferred since January to remain in the administrative process with the rest of the administrative regulation package since they all related to each other.
In response to a question by Senator Roeding, Ms. Doyle stated that neither 922 KAR 1:320, 330, or 480 had received comments after its initial publication.
A motion was made and seconded to approve the following amendments: (1) to amend the material incorporated by reference to change the cabinet name to "Cabinet for Health and Family Services" and make other minor corrections; and (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 2, 6, and 9 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
922 KAR 1:330. Child protective services. A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to reinstate the definition of "Unable to Locate", and delete the new definition of "Unsuccessful attempts to locate"; (2) to amend Section 3 to clarify that contact with a child and family after a report of child abuse indicating nonimminent danger of physical abuse shall be face-to-face contact; (3) to amend the material incorporated by reference to change the cabinet name to "Cabinet for Health and Family Services"; and (4) to amend various sections to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
922 KAR 1:350. Family preparation. A motion was made and seconded to approve the following amendments: (1) to amend Section 4 to delete the requirement that a resource home parent have access to a "faith organization" due to vagueness and constitutional concerns; (2) to amend the material incorporated by reference to change the cabinet name to "Cabinet for Health and Family Services" and other clarifications; and (3) to amend various sections to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
922 KAR 1:480. Appeal of child abuse and neglect investigative findings. A motion was made and seconded to approve the following amendments: (1) to amend the material incorporated by reference to change the cabinet name to "Cabinet for Health and Family Services"; and (2) to amend various sections 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:
General Government Cabinet: Board of Licensure for Massage Therapy
201 KAR 42:020 & E. Fees.
Environmental and Public Protection Cabinet: Department for Environmental Protection: Water Quality
401 KAR 5:002. Definitions for 401 KAR Chapter 5.
401 KAR 5:026. Designation of uses of surface waters.
401 KAR 5:029. General provisions.
401 KAR 5:030. Antidegradation policy implementation methodology.
401 KAR 5:031. Surface water standards.
Department for Natural Resources: General Provisions
405 KAR 7:001. Definitions for 405 KAR Chapter 7.
Permits
405 KAR 8:001. Definitions for 405 KAR Chapter 8.
Bond and Insurance Requirements
405 KAR 10:001. Definitions for 405 KAR Chapter 10.
Inspection and Enforcement
405 KAR 12:001. Definitions for 405 KAR Chapter 12.
Performance Standards for Surface Mining Activities
405 KAR 16:001. Definitions for 405 KAR Chapter 16.
Performance Standards for Underground Mining Activities
405 KAR 18:001. Definitions for 405 KAR Chapter 18.
Special Performance Standards
405 KAR 20:001. Definitions for 405 KAR Chapter 20.
Areas Unsuitable for Mining
405 KAR 24:001. Definitions for 405 KAR Chapter 24.
Justice and Public Safety Cabinet: Department of State Police: Candidate Selection
502 KAR 45:025. Disqualification.
Cabinet for Health and Family Services: Department for Community Based Services: Protection and Permanency: Child Welfare
922 KAR 1:310. Standards for child-placing agencies.
The Subcommittee adjourned at 11:15 a.m. until June 8, 2004 at 10:30 a.m.