The June meeting of the Administrative Regulation Review Subcommittee was held on Tuesday, June 10, 2008, at 10:15 AM, in Room 149 of the Capitol Annex. Representative Robert R. Damron, Chair, called the meeting to order, and the secretary called the roll.
Present were:
Members: Senator Dick Roeding, Co-Chair; Representative Robert R. Damron, Co-Chair; Senators Joey Pendleton, and Gary Tapp; Representatives Danny Ford, Jimmie Lee, and Ron Weston.
Guests: Dave Nicholas, Donna Little, Kara Daniel, Emily Harkenrider, Laura Milam, Emily Caudill, Jennifer Beeler, Laura Napier, and Ellen Steinberg.
LRC Staff: Theresa Gargan, Melissa Justice, Kentucky Higher Education Assistance Authority; Cindy Owen, Alicia Sneed, Education Professional Standards Board; Joe Cowles, Dr. Sissy Meredith, N. Jeanne Olivas, Jon Samokar, Personnel Cabinet; Jeffrey Osman, Kentucky Board of Pharmacy; Karen Alexy, Kristina Brunjes, Steven Dobs, Benjy Kinman, Catherine York, Kentucky Department of Fish and Wildlife Resources; Amy Barker, Brenn Combs, Mark Mangeot, Kirstie Willard, Justice and Public Safety Cabinet; Timothy Lucas, Kevin Noland, Kentucky Board of Education; Glenn Bryant, IJ Eneje, Department for Mental Health and Mental Retardation.
The Administrative Regulation Review Subcommittee met on Tuesday, June 10, 2008, and submits this report:
KENTUCKY HIGHER EDUCATION ASSISTANCE AUTHORITY: Division of Student and Administrative Services: Authority
11 KAR 4:080. Student aid applications. Melissa Justice, senior associate counsel, represented the authority.
KHEAA Grant Programs
11 KAR 5:145. CAP grant award procedure.
Robert C. Byrd Honors Scholarship Program
11 KAR 18:010. Robert C. Byrd Honors Scholarship Program.
In response to a question by Co-Chair Roeding, Ms. Justice stated that the writing component of the SAT was being omitted from the scoring calculation used to determine scholarship eligibility in order to achieve consistency with the ACT.
A motion was made and seconded to approve the following amendments: to amend Section 3 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
EDUCATION PROFESSIONAL STANDARDS BOARD: Board
16 KAR 7:010. Kentucky Teacher Internship Program. Alicia Sneed, director of legal services, and Cindy Owen, director of the division of professional learning and assessment, represented the board.
In response to a question by Co-Chair Roeding, Ms. Sneed stated that this administrative regulation would not lessen the amount of paperwork for teachers but would improve intern assessment and provide a standard rubric for evaluation of interns.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph and Section 5 to correct statutory citations; (2) to amend Sections 2 to 8 and 10 to comply with the drafting and format requirements of KRS Chapter 13A; (3) to amend Section 5 to require the resource teacher to submit the Resource Teacher Time Sheet; and (4) to amend Section 6 to specify that the internship record shall include the KTIP Intern Performance Record or the KTIP IECE Intern Performance Record. Without objection, and with agreement of the agency, the amendments were approved.
PERSONNEL CABINET: Classified
101 KAR 2:221. Employee Educational Assistance Program. Joe Cowles, office of legal services; Dr. Sissy Meredith, executive director; and Jon Samokar, performance consultant, represented the cabinet.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 to 7 to comply with the drafting and format requirements of KRS Chapter 13A; and (2) to amend Section 7 to incorporate by reference the required Employee Educational Assistance Program Form. Without objection, and with agreement of the agency, the amendments were approved.
GENERAL GOVERNMENT CABINET: Kentucky Board of Pharmacy: Board
201 KAR 2:220. Collaborative care agreements. Jeffrey Osman, pharmacy coordinator, represented the board.
COMMERCE CABINET: Department of Fish and Wildlife Resources: Fish
301 KAR 1:130. Live bait for personal use. Karen Alexy, wildlife director; Benjy Kinman, fisheries director; and Catherine York, deputy general counsel, represented the department.
In response to questions by Senator Tapp, Mr. Kinman stated that the penalty for taking a threatened or endangered fish was administered by the U.S. Department of Fish and Wildlife and could be severe. He stated that the published fishing guide had pictures of endangered and threatened fish to help fishermen identify and avoid them. He stated that the department's officers exercised discretion to avoid unfair penalties.
In response to questions by Co-Chair Roeding, Mr. Kinman stated that a threatened species was at risk while an endangered species was on the brink of extinction. He stated that the state followed the federal classifications. He stated that a sport cast net was used to catch fish by throwing the net in the water.
A motion was made and seconded to approve the following amendments: to amend Sections 1 through 3 to clarify a cross reference citation and to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Game
301 KAR 2:049. Small game and furbearer hunting and trapping on public areas.
A motion was made and seconded to approve the following amendments: to amend Sections 2 to 5 to comply with the formatting and drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
301 KAR 2:081. Transportation and holding of native wildlife.
In response to questions by Senator Pendleton, Ms. Alexy stated that this administrative regulation applied to native wildlife and not captive cervids.
In response to questions by Co-Chair Roeding and Co-Chair Damron, Ms. Alexy stated that capturing native wildlife and selling it, or parts of it, was prohibited unless the seller had a proper permit. She stated that animals raised in captivity could be sold.
In response to questions by Representative Ford, Ms. Alexy stated that coyotes and foxes were sometimes trapped and used to train dogs to chase them and that a trailer with coyotes and foxes was intercepted last fall.
In response to questions by Co-Chair Damron, Ms. Alexy stated that farmers with problem coyotes could kill them at any time without a permit and that hunters and trappers with a permit could go to the farm to trap and kill them, but could not sell them. She stated that a farmer could also use a shooter designation form to give someone else authority to kill coyotes for the farmer.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to make a technical correction; and (2) to amend Sections 1 to 3 and 6 to comply with the formatting and drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
301 KAR 2:111. Deer and turkey hunting on special areas.
301 KAR 2:122. Seasons, methods, and limits for small game.
301 KAR 2:172. Deer hunting seasons, zones, and requirements.
A motion was made and seconded to approve the following amendments: to amend Sections 4, 5, and 10 to comply with the formatting and drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
301 KAR 2:178. Deer hunting on Wildlife Management Areas and state parks.
A motion was made and seconded to approve the following amendments: to amend Sections 6 and 8 to comply with the formatting and drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Wildlife
301 KAR 4:201. Repeal of 301 KAR 4:200.
JUSTICE AND PUBLIC SAFETY CABINET: Department of Corrections: Jail Standards for Restricted Custody Center Facilities
501 KAR 7:070. Safety; emergency procedures. Mark Mangeot, legislative liaison; Amy Barker, assistant general counsel; and Kirstie Willard, jail services specialist, represented the cabinet.
EDUCATION CABINET: Kentucky Board of Education: Department of Education: Facilities Management
702 KAR 4:180. Implementation guidelines - Kentucky School Facilities Planning Manual. Kevin Noland, general counsel, represented the board.
In response to questions by Co-Chair Roeding, Mr. Noland stated that the department surveys all school districts regarding the condition of their buildings and what impact their condition had on the students. He stated that the maximum fee that a district was allowed to pay to an architect-engineering firm was increased from 3.25 cents per square foot to five cents per square foot.
In response to a question by Senator Tapp, Mr. Noland stated that value engineering was encouraged.
In response to questions by Co-Chair Damron, Mr. Noland stated that many decisions affecting the cost of facilities were made by the architect or contractor working on the project. He stated that modular additions instead of trailers have been considered but were not usually a better choice.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to add a statutory citation and clearly state the function of this administrative regulation; (2) to amend the Kentucky School Facilities Planning Manual to require that a Local Planning Council be a diverse committee that reflects the demographics of the district; and (3) to amend Sections 1 through 5 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
The following administrative regulations were deferred to the next meeting of the Subcommittee:
PERSONNEL BOARD: Board
101 KAR 1:335. Employee actions.
GENERAL GOVERNMENT CABINET: Kentucky Board of Veterinary Examiners: Board
201 KAR 16:110. Prescriptions and dispensation of drugs for animal use.
COMMERCE CABINET: Department of Fish and Wildlife Resources: Fish
301 KAR 1:140. Special commercial fishing permit for Barkley and Kentucky Lakes.
301 KAR 1:146. Commercial fishing gear.
301 KAR 1:155. Commercial fishing requirements.
Hunting and Fishing
301 KAR 3:022. License, tag, and permit fees.
ENVIRONMENTAL AND PUBLIC PROTECTION CABINET: Department for Environmental Protection: Division of Waste Management: Standards Applicable to Generators of Hazardous Waste
401 KAR 32:010. General provisions for generators.
Standards for Owners and Operators; Storage, Treatment and Disposal Facilities
401 KAR 34:005. Definitions for 401 KAR Chapter 34.
Interim Status Standards for Owners and Operators; Treatment, Storage and Disposal Facilities
401 KAR 35:005. Definitions for 401 KAR Chapter 35.
Standards for Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities
401 KAR 36:030. Recyclable materials used in a manner constituting disposal.
Land Disposal Restrictions
401 KAR 37:040. Treatment standards.
Hazardous Waste Permitting Process
401 KAR 38:040. Changes to permits; expiration of permits.
Standards for Special Collection System Wastes
401 KAR 43:005. Definitions for 401 KAR Chapter 43.
JUSTICE AND PUBLIC SAFETY CABINET: Department of Corrections: Jail Standards for Full-service Facilities
501 KAR 3:140. Prisoner rights. Mark Mangeot, legislative liaison; Amy Barker, assistant general counsel; and Kirstie Willard, jail services specialist, represented the cabinet.
In response to questions by Representative Lee, Ms. Willard stated that the jailers had requested the reduction in the amount of annual mental health training from four hours to one hour. Mr. Mangeot stated that the reduction applied only to local jails but included new employees. Ms. Barker stated that there was a process in place to identify prisoners with mental illness at the time they entered the jail and to contact mental health professionals if needed.
A motion was made and seconded to defer consideration of this administrative regulation until the Subcommittee’s July meeting. Mr. Mangeot stated that the department would agree to defer this administrative regulation. Without objection, and with agreement of the agency, the administrative regulation was deferred.
Jail Standards for Life Safety Facilities
501 KAR 13:010. Life safety issues.
In response to questions by Representative Ford, Ms. Willard stated that this administrative regulation requiring jails that do not house state prisoners to be smoke free was an effort to establish a consistent policy for all jails. She stated that jailers supported the policy and they received no negative feedback about the smoke free policy.
A motion was made and seconded to defer consideration of this administrative regulation until the Subcommittee’s July meeting. Mr. Mangeot stated that the department would agree to defer this administrative regulation. Without objection, and with agreement of the agency, the administrative regulation was deferred.
TRANSPORTATION CABINET: Department of Vehicle Regulation: Driver Improvement
601 KAR 13:070. KRS 159.051. Compliance verification for a minor.
EDUCATION CABINET: Kentucky Board of Education: Department of Education: School Administration and Finance
702 KAR 3:270. SEEK funding formula.
School Terms, Attendance and Operation
702 KAR 7:065. Designation of agent to manage high school interscholastic athletics.
ENVIRONMENTAL AND PUBLIC PROTECTION CABINET: Department of Public Protection: Office of Insurance: Trade Practices and Frauds
806 KAR 12:180. Military sales practices.
Kentucky Horse Racing Authority: Thoroughbred Racing
810 KAR 1:015. Claiming races.
CABINET FOR HEALTH AND FAMILY SERVICES: Office of the Secretary: E-Health
900 KAR 7:020. Kentucky e-Health Corporation.
Department for Medicaid Services: Medicaid Services
907 KAR 1:013 & E. Diagnostic-related group (DRG) inpatient hospital reimbursement.
Department for Mental Health and Mental Retardation: Institutional Care
908 KAR 3:050. Per diem rates. Glenn Bryant, acting director, and Ijeoma Eneje, regulation coordinator, represented the department.
In response to questions by Representative Lee, Mr. Bryant stated that the rate for different facilities varied because they were based on Medicaid cost reports for different facilities. He stated that the department predicted these changes would be close to what Medicare and Medicaid would pay when it changed rates. He stated that the rate changes were statutorily required and therefore could not wait until after the Medicare and Medicaid rates were set.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Section 1 to correct typographical errors and to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
A motion was made and seconded to defer consideration of this administrative regulation as amended until the Subcommittee’s July meeting. Mr. Bryant stated that the department would agree to defer this administrative regulation as amended. Without objection, and with agreement of the agency, the administrative regulation as amended was deferred.
The Subcommittee adjourned at 11:10 a.m. until July 8, 2008.