The June meeting of the Administrative Regulation Review Subcommittee was held on Tuesday, June 9, 2009, at 1:00 PM, in Room 149 of the Capitol Annex. Representative Leslie Combs, Chair, called the meeting to order, and the secretary called the roll.
Present were:
Members: Senator Elizabeth Tori, Co-Chair; Representative Leslie Combs, Co-Chair; Senators David Givens, Alice Forgy Kerr, and Joey Pendleton; Representatives Robert R. Damron, Danny Ford, and Jimmie Lee.
Guests: Amy Andrews, Amy Barker, Van Ingram, Justice and Public Safety Cabinet; Becky Gilpatrick, Melissa Justice, Kentucky Higher Education Assistance Authority; Stephen Crawford, DeVon Hankins, Greg Jennings, Celeste Popplewell, Lisa Swiger, Department of Revenue; Jennifer Jones, Kentucky Retirement Systems; Hiren Desai, Paul Gannoe, Paul Kaplan, Office of the Secretary; John Covington, Kasi White, Kentucky Infrastructure Authority; Jonathan Buckley, David Cox, Kentucky State Board of Licensure for Professional Engineers and Land Surveyors; Dr. Charlotte Beason, Nathan Goldman, Dr. Jim Isenberg, Carol Komara, Mary Kleber, Board of Nursing; Karalee Oldenkamp, Board of Chiropractic Examiners; Becky Klusch, Board of Physical Therapy; Larry Disney, Jim Grawe, Kentucky Real Estate Appraisers Board; Frances Short, Board of Licensure for Marriage and Family Therapists; Benjy Kinman, Catherine York, Kentucky Department of Fish and Wildlife Resources; R. Bruce Scott, Peter Goodman, Department for Environmental Protection-Division of Water; Kevin Brown, Bridget DeVries, Mark Rawl, Department of Education; Rowena Holloway, Virginia Moore, Commission on the Deaf and Hard of Hearing; Sharon Clark, DJ Wasson, Department of Insurance; John Forgy, Kentucky Horse Racing Commission; Dawn Bellis, Tim House, George Mann, Richard Moloney, Mel Trivette, Department of Housing, Buildings, and Construction; Stephanie Brammer-Barnes, Lee Guice, David Hopkins, Sadiqa Reynolds, David Sallengs, Cabinet for Health and Family Services; Glenn Bryant, Department for Mental Health and Mental Retardation Services.
LRC Staff: Dave Nicholas, Donna Little, Sarah Amburgey, Emily Harkenrider, Karen Howard, Jennifer Beeler, and Laura Napier.
Administrative Regulations Reviewed by the Subcommittee:
JUSTICE AND PUBLIC SAFETY CABINET: Office of Drug Control Policy: Kentucky Agency for Substance Abuse Policy
10 KAR 7:010. Kentucky Agency for Substance Abuse Policy (KY-ASAP) Program and start-up funding. Amy Andrews, program coordinator; Amy Barker, assistant general counsel; and Van Ingram, acting executive director, represented the cabinet.
A motion was made and seconded to approve the following amendments: (1) to revise Sections 1 through 9 to reflect current procedures for local boards to receive start-up funding and to delete outdated procedures; (2) to amend the Title and 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; and (3) to amend the RELATES TO and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Sections 1 through 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.
10 KAR 7:020. Kentucky Agency for Substance Abuse Policy on-going funding.
A motion was made and seconded to approve the following amendments: (1) to revise Sections 2 and 4 to reflect current procedures for local boards to receive on-going funding and to delete outdated procedures; (2) to amend the Title and 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; and (3) to amend the RELATES TO and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Sections 1 through 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.
KENTUCKY HIGHER EDUCATION ASSISTANCE AUTHORITY: Division of Student and Administrative Services: Authority
11 KAR 4:080. Student aid applications. Becky Gilpatrick, student aid branch manager, and Melissa Justice, senior associate counsel, represented the authority.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 1 and 2 to comply with the drafting requirements of KRS Chapter 13A; (2) to amend Section 2 to update the edition dates of two (2) forms incorporated by reference; and (3) to amend two (2) application forms incorporated by reference to align the forms with the provisions of this administrative regulation and 11 KAR 18:010. Without objection, and with agreement of the agency, the amendments were approved.
Grant Programs
11 KAR 5:200. Go Higher Grant Program.
A motion was made and seconded to approve the following amendment: to amend Section 3 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendment was approved.
Robert C. Byrd Honors Scholarship Program
11 KAR 18:010. Robert C. Byrd Honors Scholarship Program.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to define “GED coordinator”; (2) to amend Section 3 to clarify which parts of the application shall be submitted electronically and which parts shall be mailed; and (3) to amend Sections 1, 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.
FINANCE AND ADMINISTRATION CABINET: Department of Revenue: Forms
103 KAR 3:010. General Administrative Forms Manual. Greg A. Jennings, attorney, and Celeste Popplewell, branch manager, represented the department.
A motion was made and seconded to approve the following amendments: to amend Sections 1 and 2 to: (1) delete the incorporation by reference of Form 10A170, which is no longer needed due to changes in KRS 13A.270(3); (2) update the EFT Bank Change form to add the title to the form; and (3) comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Kentucky Retirement Systems: General Rules
105 KAR 1:130 & E. Hazardous duty coverage. Jennifer A. Jones, assistant general counsel, represented the systems.
A motion was made and seconded to approve the following amendment: to amend Section 1 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendment was approved.
Office of the Secretary: Property
200 KAR 6:070 & E. High performance building standards. Hiren Desai, deputy general counsel, and Paul Kaplan, senior advisor, represented the cabinet.
In response to a question by Representative Ford, Mr. Desai stated that an emergency administrative regulation was in place in conjunction with this ordinary administrative regulation that allowed a state agency or university to consider energy efficiency standards.
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 NECESSITY, FUNCTION, AND CONFORMITY paragraph to make a technical correction; and (3) to amend Sections 1 through 3 to make technical corrections 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.
Kentucky Infrastructure Authority: Kentucky Infrastructure Authority
200 KAR 17:010. Guidelines for Infrastructure Revolving Fund. John Covington, executive director, and Kasi White, financial analyst, represented the authority.
In response to questions by Representative Damron, Mr. Covington stated that this administrative regulation was being updated to correspond with statutory changes and to reflect current practices at the authority. He stated that economic development approval was no longer required in this administrative regulation. He further stated that this administrative regulation did not affect the grant approval process and did not change the process for rating counties.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to correct statutory citations; (2) to amend Section 6 to specify criteria for the agency to make a decision about non-standard rate qualification; and (3) to amend Sections 1 through 9 to make technical corrections 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.
Board of Licensure for Professional Engineers and Land Surveyors: Board
201 KAR 18:115. License reinstatement. Jonathan Buckley, general counsel, and David Cox, executive director, represented the board.
201 KAR 18:142. Code of professional practice and conduct.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 through 5, 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.
Board of Nursing: Board
201 KAR 20:360. Evaluation of prelicensure registered nurse and practical nurse programs. Dr. Charlotte Beason, executive director; Nathan Goldman, general counsel; Dr. Jim Isenberg, board president; and Carol Koumard, board member, represented the board.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to delete the new provision that allowed the board to fine nursing programs for failing to file a plan of correction for deficiencies as it exceeded the board’s statutory authority and because KRS 314.111 already provides a remedy for noncompliance by the nursing programs; (2) to amend the RELATES TO and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Sections 1 through 3 and 6 to specify citations; and (3) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 through 6 for clarity and to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Board of Chiropractic Examiners: Board
201 KAR 21:095. Licensure and registration of persons performing peer review. Dr. Karalee Oldenkamp, executive director, represented the board.
A motion was made and seconded to approve the following amendments: to amend Sections 3 and 4 to make technical corrections. Without objection, and with agreement of the agency, the amendments were approved.
Board of Physical Therapy: Board
201 KAR 22:045. Continued requirements and procedures. Becky Klusch, executive director, represented the board.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to define “jurisprudence examination”; and (2) to amend Section 2 to: (a) insert the term, "jurisprudence examination"; (b) allow coursework from other professional licensing boards; (c) allow credit for clinical fellowship program; (d) allow credit for authoring a research article or presentation of a scientific poster; and (e) make technical corrections. Without objection, and with agreement of the agency, the amendments were approved.
Kentucky Real Estate Appraisers Board: Board
201 KAR 30:040. Standards of practice. Larry Disney, executive director, and Jim Grawe, assistant attorney general, represented the board.
Board of Licensure for Marriage and Family Therapists: Board
201 KAR 32:025. Marriage and family therapists associate. Frances Short, Director of the Division of Occupations and Professions, represented the board.
In response to questions by Representative Lee, Ms. Short stated that all licensees had been notified of the proposed fee increases and given time to comment. She stated that the only comments the board received were from licensees prepared to pay the higher fees prior to the official fee increase. She further stated that the Subcommittee members should not expect to receive complaints from licensees that the licensees were not notified of the fee increases.
A motion was made and seconded at the April 14, 2009, meeting of the Subcommittee to approve the following amendments: (1) to amend the Title and STATUTORY AUTHORITY paragraph to comply with format standards; (2) to amend Sections 1 through 6 to comply with the drafting and format requirements of KRS Chapter 13A; (3) to amend the SUMMARY OF MATERIAL INCORPORATED BY REFERENCE; and (4) to amend an application form incorporated by reference. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 32:030. Fees.
A motion was made and seconded at the April 14, 2009, meeting of the Subcommittee to approve the following amendments: (1) 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; (2) to amend Sections 1 through 6 and 8 to comply with the drafting and format requirements of KRS Chapter 13A; (3) to amend the SUMMARY OF MATERIAL INCORPORATED BY REFERENCE; and (4) to amend material incorporated by reference. Without objection, and with agreement of the agency, the amendments were approved.
TOURISM, ARTS AND HERITAGE CABINET: Department of Fish and Wildlife Resources: Fish
301 KAR 1:201. Recreational fishing limits. Benjy Kinman, deputy commissioner, and Catherine York, deputy general counsel, represented the department.
In response to questions by Representative Damron, Mr. Kinman stated that this administrative regulation did not relate to the confiscation of turkeys and did not affect boat docks on Lake Malone.
In response to a question by Senator Givens, Mr. Kinman explained the changes to the size limits for Muskellunge.
ENERGY AND ENVIRONMENT CABINET: Department for Environmental Protection: Division of Water: Water Quality Standards
401 KAR 10:030. Antidegradation policy implementation methodology. Peter Goodmann, assistant executive director, and Bruce Scott, commissioner, represented the division.
In response to questions by Senator Kerr, Mr. Scott stated that large urban areas were required to obtain a general stormwater permit. He stated that this administrative regulation proposed alternative forms of addressing antidegradation and that the goal was to protect water quality. He further stated that the division did not believe that using these alternative forms of addressing antidegradation undermined water quality and that these alternatives were a better way to implement antidegradation.
In response to questions by Senator Givens, Mr. Scott stated that stakeholders, including the agriculture community, had been involved in forming this administrative regulation since the beginning of policy development. He stated that, specifically, Ms. Laura Nolt of the Kentucky Farm Bureau had been actively involved in representing the interests of the agricultural community.
A motion was made and seconded to approve the following amendments: (1) to amend river mile information in Table 2 to make technical corrections; (2) to amend the RELATES TO paragraph to insert a statutory citation; (3) to amend Section 1 to: (a) make technical corrections; (b) clarify requirements; and (c) comply with the U.S. Court of Appeals Sixth Circuit Court opinion 06-5614, which determined that U.S. EPA erred in approving certain Kentucky exemptions from Tier II review; and (4) to amend Section 3 to: (a) make a technical correction; and (b) insert a revised version of the procedures for conducting a socioeconomic demonstration and alternative analysis. Without objection, and with agreement of the agency, the amendments were approved.
EDUCATION CABINET: Kentucky Board of Education: Department of Education: Facilities Management
702 KAR 4:160. Capital Construction process. Kevin Brown, general counsel, and Mark Riles, facilities management, represented the cabinet.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 through 9 and 10 through 13 to: (1) comply with the drafting and format requirements of KRS Chapter 13A; and (2) use the correct titles and form numbers for the materials incorporated by reference. Without objection, and with agreement of the agency, the amendments were approved.
School Terms, Attendance and Operation
702 KAR 7:065. Designation of agent to manage high school interscholastic athletics. Kevin Brown, general counsel, and Brigid DeVries, commissioner of the Kentucky High School Athletic Association, represented the cabinet.
Representative Damron thanked the Kentucky High School Athletic Association and the Kentucky Board of Education for revising the policy.
A motion was made and seconded at the May 12, 2009, meeting of the Subcommittee to approve the following amendments: (1) to amend Sections 2 through 4 to comply with the formatting and drafting requirements of KRS Chapter 13A; (2) to amend Section 5 to incorporate by reference: (a) the KHSAA Constitution; (b) the KHSAA Bylaws; (c) the KHSAA Due Process Procedure; (d) the KHSAA Board of Control Policies; (e) the KHSAA Officials Guidebook; and (f) fifty-six (56) forms required for use by the agency; and (3) Bylaw 27 to include requirements necessitated by 2009 HB 383, relative to Sports Safety Training. Without objection, and with agreement of the agency, the amendments were approved.
A motion was made and seconded to approve the following additional amendments: to amend Section 2 of the administrative regulation and Bylaw 33 in the material incorporated by reference to prohibit the KHSAA from punishing or sanctioning any member school, student, coach, or administrator for allowing a student to play in a game or practice with the team during a time when a court order exists that stays or enjoins enforcement of a KHSAA final decision on eligibility. Without objection, and with agreement of the agency, the amendments were approved.
EDUCATION AND WORKFORCE DEVELOPMENT CABINET: Commission on the Deaf and Hard of Hearing: Commission
735 KAR 1:010 & E. Eligibility requirements, application and certification procedures to receive specialized telecommunications equipment for the deaf, hard of hearing, and speech impaired. Rowena Holloway, internal policy analyst, and Virginia Moore, acting executive director, represented the commission.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to insert a statutory citation; and (2) to amend Sections 1, 2, 4, 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.
735 KAR 1:020 & E. Processing system including vendor participation, security, and maintenance and repair for specialized telecommunications equipment.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to add the definition for “telecommunications access line”; (2) to amend Section 5 to require the recipient, rather than the contracted repair agent, to provide repair documentation to the agency; and (3) to amend Sections 1, 3, 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.
PUBLIC PROTECTION CABINET: Department for Insurance: Health and Insurance Policy and Managed Care Division: Group and Blanket Health Insurance
806 KAR 18:090E. Notice of extension of election period for continuation of a group policy. Sharon Clark, commissioner, and DJ Wasson, staff assistant, represented the department.
Kentucky Horse Racing Commission: Thoroughbred Racing
810 KAR 1:009. Jockeys. John Forgy, general counsel, represented the commission.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs and Sections 14 and 17 to correct citations; and (2) to amend Section 14 to specify that a helmet shall have a tag, stamp, or similar identifying marker indicating that it meets one of the required safety standards. Without objection, and with agreement of the agency, the amendments were approved.
810 KAR 1:026. Racing associations.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO, STATUTORY AUTHORITY, and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Sections 24, 26, and 29 to correct citations; (2) to amend Section 30 to specify that a helmet shall have a tag, stamp, or similar identifying marker indicating that it meets one of the required safety standards; and (3) to amend Sections 16, 19, 23, 28, 29, 35, and 36 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: Division of Building Code Enforcement: Kentucky Building Code
815 KAR 7:120. Kentucky Building Code. Dawn M. Bellis, general counsel; Larry Bond, deputy secretary; George Mann, deputy commissioner; and Richard Moloney, commissioner, represented the department. Charles Maxwell, electrical inspector for the City of Bowling Green; Dennis Steier, secretary - treasurer for the Kentucky Chapter of the International Association of Electrical Inspectors; Don Summers, electrical inspector in Henderson; Jack Reckner, Kentucky Association of Fire Chiefs; Teddy Webb, electrical inspector for the City of Bowling Green; and Steve Willinghurst, director of Education and Training for Louisville Electrical JATC, appeared in support of the adoption of the 2008 National Electric Code in this administrative regulation, 815 KAR 7:125, and 815 KAR 10:060. William Becktall, senior building official in Northern Kentucky, and Corey M. Roblee, regional director of government relations for the International Code Council, appeared in opposition to provisions in this administrative regulation and 815 KAR 7:125 to eliminate Kentucky's use of the International Code Council's Fuel Gas Code and replace it with the National Fire Prevention Association Fuel Gas Code 54.
Mr. Maxwell stated his support for adopting the 2008 National Electric Code, including requirements for arc fault interrupters and tamper resistant receptacles.
In response to a question by Co-Chair Tori, Mr. Reckner stated that he did not have with him data regarding the number of lives lost without arc fault interrupters, but he stated that he would follow up and report that data to the Subcommittee members.
In response to questions by Co-Chair Tori, Mr. Steier stated that outlets were required every twelve (12) feet. The cost differences pertaining to the installation of arc fault interrupters and tamper resistant receptacles were primarily based on the size of the structure. For example, a typical residence would require approximately $200 more for materials, with labor costs remaining the same for these or standard receptacles. Seven (7) children a day were injured by inserting something into an outlet, to the tamper resistant receptacles would save lives and property. Additionally, new receptacles were not required for all rooms in a residence, but for bedrooms, living rooms, and possibly dining rooms.
In response to questions by Co-Chair Tori, Mr. Willinghurst stated that sump pump standards were different than most other appliances and sump pumps in the past. A properly-working, modern sump pump should not "trip" an arc fault interrupter. Many sump pump manufacturers mandated or recommended that the device be installed using a ground fault interrupter and failure to install pursuant to manufacturer's instructions may result in violation of electrical rules. An electrical shock had the potential to interrupt heart rhythm. Children may be shocked or burned from tampering with an outlet. Over 10,000 children had been shocked or burned over a ten (10) year period from outlet tampering and many children were able to remove "childproof" outlet protectors. Mr. Willinghurst explained the process and the public input required to develop the National Electric Code.
In response to questions by Representative Ford, Mr. Steier stated that the material cost of $150 to $200 was based on a 2,500 square foot residence. Mr. Willinghurst stated that larger homes may cost more to outfit with the receptacles and that a contractor may choose to significantly mark up the cost of the construction. Mr. Steier stated that it was not necessary to reset a breaker if an arc fault interrupter "tripped" and that the device could be reset by simply pressing the reset button on the receptacle. Mr. Reckner stated that he would query the number of fatalities in the last five (5) years that were the result of persons eighteen (18) years of age or younger tampering with a receptacle. He stated that this information was available through the National Fire Incident Reporting System and that he would provide those results to the members of the Subcommittee. Mr. Steier commented that the General Assembly had previously passed "Isaac's Law" after a child was electrocuted after touching a garage door that was not properly grounded. He added that Kentucky had slipped from the ninth to the eighth worse state in the U.S. pursuant to fire-related deaths.
In response to questions by Senator Givens, Mr. Steier stated that these requirements did not apply to remodeling, but only to new construction. The National Electric Code was revised triennially, but anyone was authorized to present proposals or provide input in the National Electric Code development process. Mr. Willinghurst stated that Kentucky had never failed to adopt the National Electric Code in its entirety.
Senator Pendleton applauded the agency's safety efforts and stated his hope that contractors would not resort to large markups in providing these receptacles.
Mr. Becktall stated that he supported the 2008 National Electric Code, but was opposed to changing from the International Code Council's Fuel Gas Code to the National Fire Prevention Association's Fuel Gas Code 54.
Mr. Roblee stated that changing from the International Code Council's Fuel Gas Code to the National Fire Prevention Association's Fuel Gas Code 54 would be detrimental to Kentucky because the proposed new code would not be as comprehensive as the International Code Council's code and would be an extraneous version of the code. This proposed amendment would cause unnecessary conflicts between the fuel gas code and Kentucky's model building and residential codes. The overall costs of business in Kentucky would increase as a result of adopting this code and the cost to provide code books throughout the state would be substantial. He stated that incentives had been offered to the Board of Housing, Buildings and Construction in exchange for voting in support of changing the code and that this may be construed to be unethical. He recommended that the proposal be reviewed by the Executive Ethics Commission prior to adopting the code change.
In response to a question by Senator Pendleton, Mr. Roblee stated that there was not a conflict when Kentucky adopted the 2005 National Electric Code because the administrative regulation still used the International Code Council's Fuel Gas Code.
In response to a question by Representative Ford, Mr. Bond stated that safety concerns outweighed the cost concerns of the 2008 National Electric Code and that the cabinet would cooperate in any investigation regarding allegations of unethical voting by the board. The cabinet had been working to adopt this administrative regulation since 2007 and that the cabinet did not want to hold up adoption any longer than necessary.
In response to a question by Representative Ford, Ms. Bellis stated that in 2002 the Executive Ethics Commission had issued an opinion that the National Fire Prevention Association could provide training free of charge.
In response to a question by Senator Givens, Ms. Bellis stated that the National Fire Prevention Association's Fuel Gas Code 54 was separate from the 2008 National Electric Code although they were in the same administrative regulation.
In response to a question by Co-Chair Combs, Mr. Roblee stated that he had not filed the allegation with the Executive Ethics Commission but that, during the public comment period for this administrative regulation and 815 KAR 7:125, he had raised a concern regarding the ethics of offering free training.
In response to a question by Representative Lee, Mr. Roblee stated his opinion that the incentive to the board to vote in support of the National Fire Prevention Association's Fuel Gas Code 54 was the offer of free training from the National Fire Prevention Association.
Senator Pendleton stated that Mr. Roblee should file a complaint with the Executive Ethics Commission within twenty-four (24) hours.
Mr. Bond stated a similar issue was brought before the Executive Ethics Commission in 2002 and that the commission had determined that a conflict did not exist.
In response to a question by Representative Ford, Mr. Roblee stated that the 2002 situation was similar but not exactly the same as his allegation.
Ms. Bellis stated that the Executive Ethics Commission had investigated this issue previously but had not addressed this specific situation.
In response to a question by Representative Lee, Mr. Reckner stated that similar allegations have been investigated in several states and determined not to be of substance. He stated that the board voted to change the code because the board preferred the requirements in the National Fire Prevention Association's Fuel Gas Code 54 over the requirements from the International Code Council.
In response to questions by Co-Chair Tori, Mr. Steier stated that the previous edition of the code book was forty-five (45) dollars and that the new edition would cost fifty-four (54) dollars. Mr. Bond stated that anyone involved with the code would need the new book. He also stated that the Department of Insurance would need to explain insurance ramifications of the new requirements but that it would be difficult for an insurance company to deny coverage if the code was met unless a specific provision for arc fault interrupters or tamper resistant receptacles was stated in the individual policy. Ms. Bellis stated that the administrative regulation went before the committee and board for the first time in February 2008.
In response to a question by Representative Lee, Mr. Mann stated that the Public Service Commission supported the National Fire Prevention Association's Fuel Gas Code 54 over the code from the International Code Council.
Senator Kerr stated that the Subcommittee members should be respectful to all commenters and apologized to Mr. Roblee for any inappropriate responses to his testimony.
Co-Chair Combs stated that ethical questions are matters for the Executive Ethics Commission and that this Subcommittee's duties consist of administrative regulation review.
In response to a question by Representative Ford, Subcommittee staff stated that a committee amendment could be drafted to remove the adoption of the National Fire Prevention Association's Fuel Gas Code 54 and to revert back to the International Code Council's code.
In response to a question by Senator Pendleton, Subcommittee staff stated that, if such a committee amendment were approved by the Subcommittee, the administrative regulation requirements would revert to the International Code Council's Fuel Gas Code unless an amendment was proposed in the future to change to the National Fire Prevention Association's Fuel Gas Code 54.
A motion was made by Representative Ford and seconded by Senator Givens to amend this administrative regulation to delete references to the National Fire Prevention Association's Fuel Gas Code 54 and readopt the International Code Council's code. The roll-call vote was conducted with unanimous approval to adopt the committee amendment. Ms. Bellis and Mr. Bond stated that the agency agreed to the amendments.
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 Sections 1 and 3 to make technical corrections; (3) to amend Section 1 to comply with the drafting and format requirements of KRS Chapter 13A; (4) to amend Section 5 to revise the edition date of the Kentucky Building Code; and (5)to amend the material incorporated by reference to delete references to the National Fire Prevention Association's Fuel Gas Code 54 and to revert back to the International Code Council's Fuel Gas Code. Without objection, and with agreement of the agency, the amendments were approved.
815 KAR 7:125. Kentucky Residential code.
A motion was made by Representative Ford and seconded by Senator Givens for a roll-call vote on a committee amendment that would delete references to the National Fire Prevention Association's Fuel Gas Code 54. The roll-call vote was conducted with unanimous approval to adopt the committee amendment.
A motion was made and seconded to approve the following amendments: (1) to amend the Title and Sections 1 and 2 to make technical corrections; (2) to amend the RELATES TO paragraph to insert applicable statutory citations; (3) to amend Section 3 to revise the edition date of the Kentucky Residential Code; and (4) to amend the material incorporated by reference to delete references to the National Fire Prevention Association's Fuel Gas Code 54 and to revert back to the International Code Council's Fuel Gas Code. Without objection, and with agreement of the agency, the amendments were approved.
Standards of Safety
815 KAR 10:060. Kentucky standards of safety.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to correct a statutory citation; (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 and 3 to make technical corrections; and (4) to amend Sections 3 and 8 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Division of Plumbing: Plumbing
815 KAR 20:020. Parts or materials list.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 to 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.
815 KAR 20:060. Quality and weight of materials.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 2, 3, 5, 10, and 19 to comply with the drafting and format requirements of KRS Chapter 13A; and (2) to amend Section 1 to define “CISPI” (the Cast Iron Soil Pipe Institute) and to delete terms defined in 815 KAR 20:010. Without objection, and with agreement of the agency, the amendments were approved.
815 KAR 20:070. Plumbing fixtures.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 6, 10, and 12 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 20:071. Storage and installation of Schedule 40, ABS, and PVS plastic pipe and fittings.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 2, 3, 5, 6, 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 20:074. Installation standards for steel and wrought iron pipe.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 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.
815 KAR 20:079. Repeal of 815 KAR 20:077.
815 KAR 20:090. Soil, waste, and vent systems.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 19, 20, 30, 32, 33, 35, and 38 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 20:100. Joints and connections.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 3, 4, 5, 7, 8, 9, and 19 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 20:120. Water supply and distribution.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 2, 5, 9, 10, 12, 14, 17, and 19 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 20:130. House sewers and storm water piping; methods of installation.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 2, 8, 11, 12, 13, and 17 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 20:170. Mobile home park waste systems and connections.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to correct statutory citations; and (2) 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.
815 KAR 20:195. Medical gas piping installations.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Section 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.
CABINET FOR HEALTH AND FAMILY SERVICES: Office of Inspector General: Division of Audits and Investigations: Controlled Substances
902 KAR 55:110. Monitoring system for prescription controlled substances. Sadiqa Reynolds, inspector general, and Dave Sallengs, branch manager, represented the office.
In response to questions by Representative Lee, Ms. Reynolds stated that the one (1) day change to a seven (7) day reporting deadline was to ensure consistency between the KASPER system and the National All-schedules Prescription Electronic Reporting Act in order to qualify for grants. She stated that KASPER is the premier system in the United States and that she did not know of any state that used a real-time reporting system. She also stated that criminals had been apprehended using the KASPER system and that connectivity complications were the reason for the delay in real-time reporting. She added that most "doctor-shopping" prescription abusers would be apprehended using the KASPER system because those criminals tended to abuse prescriptions over a long period of time.
Representative Damron stated that he had received a report from the University of Louisville that studied and tested real-time reporting. He stated that the cabinet had been reluctant to contact the University of Louisville to enquire. He further stated that Lieutenant Governor Mongiardo was an advocate for real-time KASPER reporting and that the Lieutenant Governor had participated in the test at the University of Louisville. Representative Damron disagreed that the reporting delay was a problem for the KASPER system.
Department for Mental Health and Mental Retardation Services: Division of Administration and Financial Management: Institutional Care
908 KAR 3:050. Per diem rates. Glenn Bryant, assistant director, represented the department.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY and NECESSITY, FUNCTION, AND CONFORMITY paragraphs to correct typographical errors; and (2) to amend Section 1 to: (a) change references from June 30 and July 1, 2009, to the effective date of this administrative regulation, to comply with KRS 13A.330; and (b) comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
908 KAR 3:060. "Means test" for determining patient liability.
A motion was made and seconded to approve the following amendments: to amend Section 3 to: (1) change references from June 30 and July 1, 2009, to the effective date of this administrative regulation, to comply with KRS 13A.330; and (2) comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Other Business:
Representative Ford recognized a special guest, Mr. Edward Buis.
Co-Chair Combs welcomed Senator David Givens to the Subcommittee.
The following administrative regulations were deferred to the July 14, 2009, meeting of the Subcommittee:
PERSONNEL CABINET: Classified
101 KAR 2:066 & E. Certification and selection of eligibles for appointment.
GENERAL GOVERNMENT CABINET: Board of Pharmacy: Board
201 KAR 2:045. Technicians.
Board of Veterinary Examiners: Board
201 KAR 16:015. Fees.
EDUCATION CABINET: Kentucky Board of Education: Department of Education: Food Service Programs
702 KAR 6:010. Local responsibilities.
702 KAR 6:020. District school nutrition director.
702 KAR 6:031. Repeal of 702 KAR 6:030.
702 KAR 6:040. Personnel; policies and procedures.
702 KAR 6:045. Personnel; school nutrition employee qualifications.
702 KAR 6:075. Reports and funds.
702 KAR 6:090. Minimum nutritional standards for foods and beverages available on public school campuses during the school day; required nutrition and physical activity reports.
PUBLIC PROTECTION CABINET: Kentucky Horse Racing Commission: Thoroughbred Racing
810 KAR 1:025 & E. Licensing thoroughbred racing.
Harness Racing
811 KAR 1:070. Licensing standardbred racing.
CABINET FOR HEALTH AND FAMILY SERVICES: Office of Health Policy: State Health Plan
900 KAR 5:020. State health plan for facilities and services.