The August meeting of the Administrative Regulation Review Subcommittee was held on Tuesday, August 12, 2008, at 10:00 AM, in Room 149 of the Capitol Annex. Senator Dick Roeding, 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; Joey Pendleton, and Gary Tapp; Representatives Danny Ford, Jimmie Lee, and Ron Weston.
Guests: Melissa F. Justice, Kentucky Higher Education Assistance Authority; Cindy Owen, Alicia Sneed, Marilyn Troupe, Education Professional Standards Board; Mike Burnside, Gerri Miller, Eric Wampler, Kentucky Retirement Systems; Mark Dennen, Peggy Guier, Kentucky Heritage Council; Phillip Bettoli, David Casey, Dr. Jonathan Gassett, Bill James, Benjy Kinman, Catherine York, Department of Fish and Wildlife Resources; Tom Bloemer, Mark Farrow, Kentucky Department of Agriculture; Lona Brewer, Lora Gowins, Division for Air Quality; Kevin Brown, Larry Stinson, Department of Education; Malinda Shepherd, DJ Wasson, Department of Insurance; Rose Baker, Bob Benson, Dawn Bellis, Temple Juett, George Mann, Richard Molony, Jack Reckner, Russ Sanders, William Swope, Bob Weiss, Department of Housing, Buildings and Construction; Patricia Biggs, Stuart Owen, Department for Medicaid Services; Joyce Kinder, Steve Kinder.
LRC Staff: Dave Nicholas, Donna Little, Sarah Amburgey, Emily Harkenrider, Laura Milam, Emily Caudill, Jennifer Beeler, and Laura Napier.
The Administrative Regulation Review Subcommittee met on Tuesday, August 12, 2008, and submits this report:
Administrative Regulations Reviewed by the Subcommittee:
KENTUCKY HIGHER EDUCATION ASSISTANCE AUTHORITY: Kentucky Loan Program
11 KAR 3:100. Administrative wage garnishment. Melissa F. Justice, senior associate counsel, represented the authority.
EDUCATION PROFESSIONAL STANDARDS BOARD: Educator Preparation
16 KAR 5:020. Standards for admission to educator preparation. Cindy Owen, director of professional learning assessment; Alicia A. Sneed, director of legal services; and Dr. Marilyn Troupe, director of education preparation, represented the board.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 3, and 4 to comply with the drafting requirements of KRS Chapter 13A; and (2) to amend Section 4 to specify the annual reporting requirements. Without objection, and with agreement of the agency, the amendments were approved.
FINANCE AND ADMINISTRATION CABINET: Kentucky Retirement Systems: General Rules
105 KAR 1:160. Sick Leave Plans. Mike Burnside, executive director; Geri Miller, chief benefits officer; and Eric Wampler, general counsel, represented the retirement systems.
105 KAR 1:170. Membership form requirements.
A motion was made and seconded to approve the following amendment: to amend Section 6 and Form 2010, incorporated by reference, to reflect the correct edition date. Without objection, and with agreement of the agency, the amendment was approved.
105 KAR 1:180. Death before retirement procedures.
105 KAR 1:200. Retirement procedures and forms.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to include a statutory citation; and (2) to amend Sections 10 and 11 to make technical corrections and delete references to Form 6751 pursuant to KRS 61.637. Without objection, and with agreement of the agency, the amendments were approved.
105 KAR 1:210. Disability procedures.
A motion was made and seconded to approve the following amendment: to revise Section 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.
105 KAR 1:220. Annual disability review.
A motion was made and seconded to approve the following amendment: to revise Sections 2 and 5 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
105 KAR 1:240. Death after retirement procedures.
105 KAR 1:270. Special federal income tax withholding.
105 KAR 1:310. Fred Capps Memorial Act.
In response to a question by Co-Chair Roeding, Mr. Wampler explained that the Fred Capps Memorial Act was named in honor of Prosecutor Fred Capps, who was murdered by a defendant he prosecuted. Mr. Wampler stated that the act provided benefits if a state employee member died or was injured in relation to the employee's duties.
A motion was made and seconded to approve the following amendment: to revise Section 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.
105 KAR 1:330. Purchase of service credit.
105 KAR 1:360. Health and hospital insurance.
A motion was made and seconded to approve the following amendment: to revise Section 1 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
105 KAR 1:370. Kentucky Retirement Systems Personnel Policies.
A motion was made and seconded to approve the following amendment: to revise Section 1 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
TOURISM, ARTS, AND HERITAGE CABINET: Kentucky Heritage Council: Council
300 KAR 6:020. Administration of Kentucky Rock Fence Preservation Program. Mark Dennen, interim executive director, and Peggy Guier, staff attorney, represented the council.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to insert a citation; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation; (3) to amend the definitions of “standards for reconstruction” and “standards for restoration” to clarify that these standards included the requirements in Section 3 of this administrative regulation; (4) to amend Section 3 to: (a) delete the language of 36 C.F.R. 68(c) and (d) and reference the federal regulations instead; and (b) clarify that standards for reconstruction and restoration included both federal guidelines and the standards established in Section 3 of this administrative regulation; (5) to amend Section 9(3)(e) to clarify how a refund shall be determined if a transferee did not agree to maintain the fence; (6) to amend Section 9(3)(g) to clarify that an applicant shall obtain necessary local permits; and (7) to amend Sections 1 through 5, 7, and 9 through 11 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
COMMERCE CABINET: Department of Fish and Wildlife Resources: Fish
301 KAR 1:140. Special commercial fishing permit for Barkley and Kentucky Lakes. Dr. Jon Gassett, commissioner; Benjy Kinman, director; and Catherine York, deputy general counsel, represented the department. Steve and Joyce Kinder, commercial fishermen, appeared in opposition to this administrative regulation and 301 KAR 1:146, 301 KAR 1:155, and 301 KAR 3:022.
Co-Chair Roeding stated that the commercial fishing and caviar industry were important to Kentucky's economy, and the Department for Fish and Wildlife Resources should assist this industry's growth.
Commissioner Gassett stated that the department wanted to move the commercial fishing industry forward in Kentucky and provide adequate protection for its resources. The department was required to certify to the United States Fish and Wildlife that adequate controls were in place for the long-term sustainability of the resources. Both Illinois and Indiana planned to mirror Kentucky’s administrative regulations to provide regulatory consistency among those three states.
In response to a question by Co-Chair Roeding, Mr. Kinman stated that the need for a lottery for permits for the commercial harvesting of roe-bearing fish was a necessary fish management technique to protect roe-bearing species.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to insert a statutory citation; (2) to amend the RELATES TO and NECESSITY, FUNCTION, AND CONFORMITY paragraphs to make technical changes to conform to the reorganization authorized by Executive Order 2008-516; (3) to amend Sections 1 through 4, 7, and 8 to comply with the drafting and format requirements of KRS Chapter 13A; (4) to amend Section 5 to provide for two (2) unlicensed helpers; (5) to amend Section 8 to establish a first, second, and third reporting offense if a report was not submitted by the deadline before the permit is suspended and to provide that a two (2) year revocation shall occur if a commercial fisherman "knowingly" placed commercial fishing gear where prohibited or "knowingly" failed to report or falsified data; and (6) to amend Section 9 to update the material incorporated by reference. Without objection, and with agreement of the agency, the amendments were approved.
301 KAR 1:146. Commercial fishing gear.
Mrs. Kinder stated that she opposed this administrative regulation because it did not include snagging as a form of commercial fishing. Commercial fishermen needed this method to harvest roe-bearing species under certain weather and flooding conditions; however, she stated that the Department for Fish and Wildlife Resources had agreed to address snagging in the near future and she did not wish that the administrative regulation be found deficient because of the snagging issue.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and NECESSITY, FUNCTION, AND CONFORMITY paragraphs to make technical changes to conform to the reorganization authorized by Executive Order 2008-516; (2) to amend the STATUTORY AUTHORITY paragraph to correct statutory citations; (3) to amend Section 2 to reflect the extension in 301 KAR 1:155 of the roe-bearing fish harvester season; and (4) to amend Sections 1 and 2 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
301 KAR 1:155. Commercial fishing requirements.
Mrs. Kinder stated that the 120 percent cap on future permits issued did not allow the industry to grow to reach its potential. Industry preferred a cap with a set number of additional permits, such as forty additional permits; however, she did not wish that the administrative regulation be found deficient because of the cap issue. She stated that the revocation provisions were too severe and requested that a warning be issued for the first conviction and revocation for the second or subsequent convictions. She stated that if further compromise could not be reached she did not wish that the administrative regulation be found deficient because of the revocation issue, but that she wished to work with the department on this issue in the near future. She further stated that the Department of Fish and Wildlife Resources had agreed to issue a letter to all commercial fishermen to clarify that Kentucky commercial fishermen may use Ohio boat ramps and that the commercial fishermen expected the department to follow through with this agreement.
In response to questions by Senator Tapp, Mr. Moore stated that a permit would only be revoked upon conviction.
In response to questions by Senator Pendleton, Commissioner Gassett stated that a permit may be revoked for violating a boundary, such as the Ohio state boundary on the Ohio River or a boundary of an area where spawning occurred. Commissioner Gassett stated that a fine was not sufficient to deter illegal commercial fishing. He stated that the department revoked one license in the past three years. Mr. Kinman stated that the Ohio River has not been issued global positioning boundary coordinates recently and that the Kentucky Supreme Court ruled in 1980 that the official boundary line was the 1792 low water line, which meanders but which established ninety percent of the Ohio River as Kentucky water.
Co-Chair Damron stated that, since a conviction was required prior to a permit revocation, there was an established burden of proof. He further stated that the Department for Fish and Wildlife Resources probably would not catch the offender during the first offense, but that the offender had probably fished illegally in the past. He stated that the revocation was the current law and that amending it would result in the weakening of an existing administrative regulation.
Representative Weston stated that the five infractions that may lead to a conviction are legitimate matters that need to be enforced.
In response to questions by Co-Chair Roeding, Commissioner Gassett stated that restocking of roe-bearing species was not currently a viable option because it has not proven to be sustainable in a river system. Commissioner Gassett stated that he hoped the species would be self sustaining under these amendments. He stated that the United States Department of the Interior required these amendments to protect the species, whether Kentucky restocked or not, and that the United States Department of the Interior may prohibit exportation of caviar if these amendments did not become effective.
Co-Chair Roeding stated that the 120 percent cap on future permits issued was an issue and that, if Kentucky had fifty commercial roe-bearing fish harvesters in 2008, that would only establish ten new permits for 2009 and subsequent years. Mr. Kinman stated that the commercial permit would be on the open market for a thirty day period this year. The number of licenses issued this year would establish the baseline for determining the number available for future years.
In response to a question by Co-Chair Damron, Mr. Kinman stated that current testing of caviar for contaminants such as PCBs was not taking place at this time since testing was complaint driven, that the current results were three or four years old, but that the department planned to conduct another study this year. Mr. Kinman stated that caviar that exceeded the limit for PCBs could be confiscated and that the current recommendation was for six meals per year, but that women of child-bearing age and children under twelve should not consume caviar.
In response to questions by Representative Lee, Mr. Kinman stated that there was not a consumer advisory or warning on commercial packages of caviar, but that consumer notification was not the jurisdiction of the Department for Fish and Wildlife Resources.
In response to a question by Senator Tapp, Mr. Kinman stated that an endangered fish species caught by accident would not be subject to a citation from a conservation officer if the fish was thrown back into the water.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to correct citations; (2) to amend the RELATES TO and NECESSITY, FUNCTION, AND CONFORMITY paragraphs to make technical changes to conform to the reorganization authorized by Executive Order 2008-516; (3) to revise the definitions in Section 1; (4) to amend Section 2 to: (a) provide for two unlicensed helpers; and (b) include a cross reference to boating safety requirements; (5) to amend Sections 4 and 5 to create a new permitting scheme with a Roe-bearing Fish Harvester's Permit and a Roe-bearing Fish Buyer's Permit, which: (a) revise permit application, renewal, and issuance dates; (b) provide that the number of harvester's permits sold after the 2008 season shall not exceed 120 percent of the total number of permits sold in 2008; (c) provide for transfer of permits; (d) clarify the lottery drawing requirements; and (e) require a permit holder to produce records and reports for the inspection of a conservation officer without the permit officer necessarily entering the roe-processing facility; (6) to amend the paddlefish harvest season to November 1 through April 30 for all legal commercial fishing gear and May 1 through May 31 for commercial trotlines only in waters open to commercial fishing except the Ohio and Mississippi Rivers; (7) to amend Sections 1, 2, 4 through 10 and 12 to comply with the drafting and format requirements of KRS Chapter 13A; (8) to amend Section 11 to provide that permittees who failed to report on time shall: (a) be given a courtesy reminder the first time; (b) receive a warning letter the second time; and (c) have the permit suspended the third and subsequent times; (9) to amend Section 11 to establish that the department shall revoke the commercial fishing license or harvester's permit for "knowingly" having placed commercial fishing gear in a restricted area or falsified data; and (10) to amend Section 12 to: (a) establish that the GPS coordinates for boundary with Ohio on the Ohio River shall be available on the cabinet's Web site for downloading; and (b) incorporate the GPS coordinates by reference. Without objection, and with agreement of the agency, the amendments were approved.
Hunting and Fishing
301 KAR 3:022. License, tag, and permit fees.
Mrs. Kinder stated that the fees for the Roe-bearing Fish Harvester's Permit and the Roe-bearing Fish Buyer's Permit were too high for some fishermen; however, she did not wish that the administrative regulation be found deficient because of the fee issue.
In response to questions by Co-Chair Roeding, Commissioner Gassett stated that the amount of revenue the department expected to receive from the permit fees would not cover the costs for two conservation officers and that sport fishermen subsidized the enforcement of the commercial fishing administrative regulations. Commissioner Gassett also stated that the department's answers on the REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT that costs would be very minimal was based on the diversion of funds from fees from sport fishing. He stated that the permit fees were comparable to surrounding states.
In response to a question by Senator Tapp, Commissioner Gassett stated that the five dollar fee for shooting preserves was for administrative costs and industry driven. Commissioner Gassett also stated that the fee change was made by the legislature.
Co-Chair Roeding objected to the amended administrative regulation because he stated the fees were too high.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and NECESSITY, FUNCTION, AND CONFORMITY paragraphs to provide for the recent reorganization of the Commerce Cabinet into the Tourism, Arts, and Heritage Cabinet; (2) to amend Section 1 to change the name of the license to the “shooting area license” consistent with the statute; and (3) to amend Section 4 to change the name of the “Commercial Roe Dealer license” to the “Roe-bearing Fish Buyer’s license”. With the agreement of the agency, the amendments were approved.
DEPARTMENT OF AGRICULTURE: Regulation and Inspection; Method of Sale
302 KAR 76:110E. Temporary suspension for retail fuel dispensers. Tom Bloemer, administrative branch manager, and Mark Farrow, deputy commissioner, represented the department.
ENERGY AND ENVIRONMENT CABINET: Department for Environmental Protection: Division for Air Quality: New Source Performance Standards
401 KAR 60:021. Repeal of 401 KAR 60:020. Lona Brewer, PPA branch manager, and Lora Gowins, environmental control supervisor, represented the division.
EDUCATION AND WORKFORCE DEVELOPMENT CABINET: Kentucky Board of Education: Department of Education: School Administration and Finance
702 KAR 3:270. SEEK funding formula. Kevin Brown, General Counsel, and Larry Stinson, associate commissioner, represented the department.
In response to a question by Senator Tapp, Mr. Stinson stated that the amendments deleted the approved method for evaluating real estate.
In response to a question by Representative Ford, Mr. Stinson stated that only the approved method for evaluating real estate was removed and that the other real estate provisions remained.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to insert statutory citations; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation; (3) to amend the definition of “Calculated Base SEEK Funding” to refer to “students with disabilities” instead of “exceptional children”, in accordance with KRS 157.390(5); (4) to clarify definitions of “collection rate” and “LEP” and to add a definition for “maximum revenue collectible”; (5) to amend the format for various SEEK calculations established in Sections 2 and 3, to comply with KRS Chapter 13A formatting requirements and set forth the equations so the equations could be calculated correctly; (6) to amend Section 2(3) to delete the authorization of a recalculation of the SEEK allotment, to comply with KRS Chapter 157 and 2008 House Bill 406 (the budget bill); (7) to amend Section 2(5)(b) to delete language regarding the calculation of the value of real estate for the calculated SEEK portion, to comply with KRS Chapter 13A and HB 406; and (8) to amend Sections 1 through 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.
PUBLIC PROTECTION CABINET: Department of Insurance: Trade Practices and Frauds
806 KAR 12:180. Military sales practices. Malinda Shepherd, assistant director, and DJ Wasson, staff assistant, represented the department.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to correct citations; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; (3) to amend Sections 1, 3, and 8 to make technical changes to conform to the reorganization authorized by Executive Order 2008-507; and (4) to amend Sections 1, 3, 4, 7, and 8 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 Housing, Buildings, and Construction: Building Code
815 KAR 7:070. The Kentucky Certified Building Inspector Program. Rose Baker, staff; Dawn M. Bellis, general counsel; Richard Maloney, commissioner; George Mann, deputy commissioner; and William Swope, state fire marshal, represented the department.
A motion was made and seconded to approve the following amendment: to revise Sections 1 to 5 and 8 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
815 KAR 7:120. Kentucky Building Code. Bob Weiss, executive director, Home Builders Association of Kentucky, appeared in support of this administrative regulation and 815 KAR 7:125. The following people appeared in opposition to this administrative regulation and 815 KAR 7:125: Bob Benson, attorney, Jefferson County Fire Service; Temple Juett, general counsel, Kentucky League of Cities; Jack Reckner, fire chief, Kentucky Association of Fire Chiefs; and Russ Sanders, manager, National Fire Protection Association.
In response to a question by Representative Lee, Ms. Bellis stated that neither the building code nor the residential code affected exterior features, such as hydrants, but that they did affect inside codes, such as sprinkler systems. Mr. Mann stated that local governments could establish requirements for subdivisions plans.
In response to a question by Representative Weston, Ms. Bellis stated that the City of Louisville and other local governments could not require more stringent code standards than the Kentucky Building Code or the Kentucky Residential Code. Mr. Mann further stated that commercial and residential structures over two stories had to have sprinkler systems.
Russ Sanders stated that he opposed changes to this administrative regulation and 815 KAR 7:125 because the department should have stayed with the adoption of the 2008 National Electrical Code and should not have gone back to the 2005 standards. Mr. Sanders stated that all states that he was aware of, except Oregon, had adopted the 2008 National Electrical Code. He further stated that Kentucky had the ninth worst fire death rate in the United States.
In response to a question by Senator Tapp, Ms. Baker stated that the Electrical Advisory Committee voted unanimously to adopt the 2008 National Electrical Code, but the Kentucky Single-family Dwellings Advisory Committee voted three to two to adopt the 2008 National Electrical Code.
In response to questions by Senator Tapp, Mr. Sanders stated that studies did not suggest sump pump failures related to GFI equipment and that the 2005 National Electrical Code required arc-fault equipment in some areas. He also stated that, for life safety reasons, the minimum-maximum statewide code requirements should be rejected as three assumptions had to be true for the minimum-maximum statewide code requirements to not hinder safety: (1) all areas had to have similar resources; (2) all areas had to have similar life safety challenges; and (3) all areas had to have similar safety reviews.
Mr. Benson stated that adopting the minimum-maximum statewide code requirements conflicted with existing statutes and weakened life safety standards. Mr. Benson stated that the board was not given the authority by the legislature to limit safety standards and the phrase “mini-max” was not used in the statutes.
Mr. Reckner stated that the minimum-maximum statewide code requirements prevented local governments from attacking fire problems in local communities. He said that Kentucky has an educated fire service that is able to identify problems and could fix those problems if they were authorized to establish these additional requirements.
Mr. Juett stated that the Kentucky League of Cities supported Indian Hills and disagreed with the department that a maximum standard should be established for the statewide code. He said that establishing a minimum statewide standard was good policy; however, local governments should be allowed to protect local resources and establish more stringent requirements.
Mr. Weiss stated that home builders would have a hard time complying with numerous different codes throughout the state if each local government established different code provisions. KRS 198B.080 established the process for amending the codes and required that any amendment to the codes had to go through the KRS Chapter 13A process before becoming effective statewide.
In response to a question by Representative Lee, Subcommittee staff stated that only the General Assembly could amend KRS 198B.050, pertaining to the minimum-maximum statewide code requirements.
In response to questions by Representative Ford, Mr. Sanders stated that hundreds of local ordinances, including 46 in the Chicago area, required sprinklers and that the cost was one to one and one-half percent of the total cost of building. Mr. Reckner stated that the cost for a sprinkler system was approximately one dollar and twenty-five cents per square foot.
In response to a question by Senator Tapp, Mr. Reckner stated that communities in areas of low water pressure may purchase modular systems to connect rural systems to sprinkler systems and did not need a connection to the local water supply.
Commissioner Maloney stated that Kentucky needed one standard code throughout the state. It would be hard for building inspectors and fire marshals to know 120 plus different codes. Ms. Bellis added that Louisville's ordinance voided any code that was different than the Kentucky Building Code. The agency needed to go back to the 2005 National Electrical Code because 815 KAR 10:060, the Kentucky Standards of Safety, adopted the 2005 edition of the code and there could not be a conflict between administrative regulations. Mr. Swope stated that the City of Louisville supported the statewide building code and that he has drafted language to amend 815 KAR 7:110 to further address this issue.
A motion was made and seconded to approve the following amendments: (1) 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; and (2) to amend the material incorporated by reference to delete the adoption of the 2008 edition of the National Electrical Code and to re-adopt the 2005 edition of that code. Without objection, and with agreement of the agency, the amendments were approved.
815 KAR 7:125. Kentucky Residential Code.
A motion was made and seconded to approve the following amendments: (1) 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 and (2) to amend the material incorporated by reference to delete the adoption of the 2008 edition of the National Electrical Code and to re-adopt the 2005 edition of that code. Without objection, and with agreement of the agency, the amendments were approved.
Electrical Inspectors
815 KAR 35:060. Licensing of electrical contractors, electricians, and master electricians pursuant to KRS 227A.060.
A motion was made and seconded to approve the following amendment: to revise Sections 2, 3, 4, 5, 7, 8, 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.
815 KAR 35:100. Electrical continuing education procedure.
A motion was made and seconded to approve the following amendment: to revise the RELATES TO and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Sections 1, 2, and 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.
CABINET FOR HEALTH AND FAMILY SERVICES: Department for Medicaid
Services: Medicaid Services
907 KAR 1:479. Durable medical equipment covered benefits and reimbursement. Patricia Biggs, nurse consultant inspector, and Stuart Owen, regulation coordinator, represented the department.
A motion was made and seconded to approve the following amendment: to revise Sections 1, 2, 3, and 7 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
OTHER BUSINESS:
Kentucky Board of Medical Licensure Guidelines
Dave Nicholas, committee staff administrator, stated that the Kentucky Board of Medical Licensure would amend their guidelines to comply with KRS Chapter 13A.
Senator Tapp expressed his thanks to the Kentucky Board of Medical Licensure and to the Kentucky Board of Nursing.
The following administrative regulations were deferred to the September 9, 2008, meeting of the Subcommittee:
FINANCE AND ADMINISTRATION CABINET: Department of Revenue: Forms
103 KAR 3:050. Miscellaneous Taxes Forms manual.
GENERAL GOVERNMENT CABINET: Kentucky Board of Veterinary Examiners: Board
201 KAR 16:110. Prescriptions and dispensation of drugs for animal use.
Kentucky Board of Social Work: Board
201 KAR 23:015. Temporary permission to practice.
201 KAR 23:070. Qualifying education and qualifying experience under supervision.
ENERGY AND ENVIRONMENT CABINET: Department of Environmental Protection: Division of Water: Water Quality Certification
401 KAR 9:020. Section 401 Water Quality Certification fees.
JUSTICE AND PUBLIC SAFETY CABINET: Department of Corrections: Office of the Secretary
501 KAR 6:200. Comprehensive sex offender presentence evaluation procedure.
TRANSPORTATION CABINET: Department of Vehicle Regulation: Driver Improvement
601 KAR 13:070. KRS 159.051. Compliance verification for a minor.
EDUCATION AND WORKFORCE DEVELOPMENT CABINET: Kentucky Board of Education: Department of Education: School Terms, Attendance and Operation
702 KAR 7:065. Designation of agent to manage high school interscholastic athletics.
PUBLIC PROTECTION CABINET: Kentucky Horse Racing Commission: 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.
The Subcommittee adjourned at 1:20 p.m. until September 9, 2008.