Call to Order and Roll Call
The May meeting of the Administrative Regulation Review Subcommittee was held on Tuesday, May 11, 2010, at 1:00 PM, in Room 149 of the Capitol Annex. Senator Elizabeth Tori, 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 Danny Ford, and Jimmie Lee.
Guests: David Gordon, Wayne Gunnel, DeVon Hankins, Gary Morris, Janine Shackleford, Lisa Swiger, Finance and Administration Cabinet; Nathan Goldman, Board of Nursing; Margaret Everson, Jon Gassett, Department of Fish and Wildlife Resources; Peter Goodmann, Abigail Powell, EEC: Division of Water; Ann Dangelo, Transportation Cabinet; Kevin Brown, Larry Stinson, Kentucky Department of Education; Michael Bennett, Dawn Bellis, Timothy House, Dan Chapman, Department of Housing, Buildings and Construction; Jeff Bechtold.
LRC Staff: Dave Nicholas, Donna Little, Sarah Amburgey, Chad Collins, Emily Harkenrider, Karen Howard, Emily Caudill, Jennifer Beeler, and Laura Napier.
The Administrative Regulation Review Subcommittee met on Tuesday, May 11, 2010, and submits this report:
Administrative Regulations Reviewed by the Subcommittee:
FINANCE AND ADMINISTRATION CABINET: Department of Revenue: Forms
103 KAR 3:010. General Administrative Forms manual. David Gordon, executive director, and Janine Shackelford, branch manager, represented the department.
A motion was made and seconded to approve the following amendments: 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.
103 KAR 3:030. Property and Severance Forms manual.
A motion was made and seconded to approve the following amendments: 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.
GENERAL GOVERNMENT CABINET: Board of Nursing: Board
201 KAR 20:240. Fees for applications and for services. Nathan Goldman, general counsel, represented the board.
201 KAR 20:490. Licensed practical nurse intravenous therapy scope of practice.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to correct statutory 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; and (3) to amend Sections 1, 2, 4, 5, and 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.
TOURISM, ARTS AND HERITAGE CABINET: Department of Fish and Wildlife Resources: Game
301 KAR 2:172. Deer hunting seasons, zones, and requirements. Margaret Everson, assistant attorney general, and Jon Gassett, commissioner, represented the department.
In response to a question by Senator Pendleton, Mr. Gassett stated that this administrative regulation did not address the crossbow issue. He stated that it did reflect 2010 Senate Bill 66, which allowed crossbows and other weapons to be carried but not used to take an animal.
In response to a question by Co-Chair Tori, Mr. Gassett stated that the administrative regulation established a season for the after-Christmas youth hunt, which began the first Saturday after Christmas.
A motion was made and seconded to approve the following amendments: (1) to amend Section 3 to clarify what items are prohibited from being used in the taking of deer; (2) to amend Sections 1, 3, 4, 5, 6, and 8 to comply with the drafting and format requirements of KRS Chapter 13A; and (3) 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. 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: (1) to amend the TITLE to clarify the areas regulated by this administrative regulation; and (2) to amend Sections 1, 2, 5, 6, 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.
ENERGY AND ENVIRONMENT CABINET: Department for Environmental Protection: Division of Water: Public Water Supply
401 KAR 8:020. Public and semipublic water systems; general provisions. Peter Goodmann, assistant director, represented the division.
A motion was made and seconded to approve the following amendments: to amend Sections 2, 5, and 6 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with the agreement of the agency, the amendments were approved.
401 KAR 8:070. Public notification.
401 KAR 8:200. Microbiological monitoring.
A motion was made and seconded to approve amending 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. Without objection, and with agreement of the agency, the amendment was approved.
401 KAR 8:250. Inorganic and organic chemical sampling, analytical techniques, and maximum contaminant levels.
A motion was made and seconded to approve amending 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. Without objection, and with agreement of the agency, the amendment was approved.
401 KAR 8:300. Lead and copper.
A motion was made and seconded to approve amending 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. Without objection, and with agreement of the agency, the amendment was approved.
401 KAR 8:510. Disinfectant residuals, disinfection by-products, and disinfection by-product precursors.
A motion was made and seconded to approve the following amendments: to amend Sections 1 and 2 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 8:550. Radionuclides.
A motion was made and seconded to approve amending 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. Without objection, and with agreement of the agency, the amendments were approved.
TRANSPORTATION CABINET: Department of Vehicle Regulation: Division of Drivers License: Driver's License
601 KAR 12:060. Hardship driver's license. Ann D'Angelo, assistant general counsel, represented the division.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to add statutory 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; and (3) to amend Sections 1, 2, 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.
EDUCATION CABINET: Kentucky Board of Education: Department of Education: School Administration and Finance
702 KAR 3:030. Insurance requirements. Kevin Brown, general counsel, and Larry Stinson, deputy commissioner, represented the department.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph 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, as required by KRS 13A.220; and (3) 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 amendments were approved.
PUBLIC PROTECTION CABINET: Department of Housing, Buildings and Construction: Division of Plumbing: Plumbing
815 KAR 20:191. Minimum fixture requirements. Dawn Bellis, general counsel, and Timothy House, director, represented the division.
In response to a question by Representative Ford, Mr. House stated that this administrative regulation allowed a single, unisex bathroom for small venues and revised the plumbing code to reflect U.S. FDA requirements.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and NECESSITY, FUNCTION, AND CONFORMITY paragraphs to delete references; and (2) to amend Sections 2, 3, 5 to 9, and 11 to 18 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Division of Building Code Enforcement: Manufactured Homes and Recreational Vehicles
815 KAR 25:080. Requirements for certified installer seals and certification of manufactured home installers. Michael Bennett, staff attorney, and Dan Chapman, section supervisor, represented the division.
In response to a question by Senator Givens, Mr. Bennett stated that the public did not submit comments during the public comment period.
A motion was made and seconded to approve the following amendments: to amend Sections 1, 2, 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.
Other Business: Dinah Bevington, general counsel, represented the Personnel Cabinet and briefed the Subcommittee on the possibility that the cabinet would need to file emergency administrative regulations prior to the June 8 meeting of the Subcommittee if a budget was not enacted by the General Assembly prior to that time. The emergency administrative regulations would address how to administer a state government shutdown, including procedures for providing notice to employees and guidance for consistent, statewide implementation.
In response to questions by Representative Lee, Ms. Bevington stated that the plan was for letters to go out at least two (2) weeks prior to a government shutdown, but that it was possible that some agencies would need earlier notice.
Representative Lee made a motion that was duly seconded to request that the Personnel Cabinet notify Administrative Regulation Review Subcommittee members in advance of the letters being sent to state employees. During the roll call vote, Senator Givens stated that he was voting no because there may not be time for the cabinet to provide advance notice to Subcommittee members by mail but he supported receiving an email. Senator Kerr and Representative Ford both voted yes and stated that the best option was for Governor Beshear to call a Special Session of the General Assembly prior to the need for these administrative regulations. Senator Kerr also stated that she hoped this briefing was not a "scare tactic." Senator Pendleton and Co-Chair Tori voted yes and stated that the Subcommittee members needed notice before constituents called them with questions. The motion was approved with a six (6) to one (1) vote.
In response to a question by Senator Givens, Ms. Bevington stated that the notification would not be a notification of termination or layoff, but would be a notification that the employee was subject to mandatory leave.
Representative Lee stated that he had already gotten calls from constituents stating that they had received "pink slips." Ms. Bevington stated that action had not yet been taken. Senator Pendleton stated that he believed those letters were from school boards that had to send the notices as part of their budgeting process.
In response to a question by Co-Chair Tori, Ms. Bevington stated that the amendments would consist of changes to the administrative regulation that governed employee leave. Staff clarified that employee leave was governed by two (2) administrative regulations.
Representative Lee made a motion that was duly seconded to request that the Personnel Cabinet submit the administrative regulations to the Subcommittee at the same time as the statutorily required submittal to the Personnel Board pursuant to KRS 18A.110(6). Without objection, the motion was approved.
In response to a question by Subcommittee staff, Ms. Bevington stated that the cabinet has statutory authority to establish the mandatory leave procedures pursuant to KRS 18A.110; therefore, it would be unnecessary for Governor Beshear to include a statutory amendment to Personnel statues as part of the call for a Special Session of the General Assembly.
Subcommittee staff stated that an emergency administrative regulation could not be amended; therefore, it was crucial for the administrative regulation to be correct before it was filed with the Compiler. Staff assistance was offered, and Ms. Bevington accepted and stated appreciation for the assistance.
In response to a question by Co-Chair Tori, Ms. Bevington stated that she did not have information regarding how many teachers may be affected by a state government shutdown.
The following administrative regulations were deferred to the June 8, 2010, meeting of the Subcommittee:
KENTUCKY HIGHER EDUCATION ASSISTANCE AUTHORITY: Division of Student Services: Kentucky Educational Savings Plan Trust
11 KAR 12:060. Cancellation, partial withdrawal, and payment of refund.
PERSONNEL CABINET: Personnel Cabinet, Classified
101 KAR 2:066 & E. Certification and selection of eligibles for appointment.
FINANCE AND ADMINISTRATION CABINET: Department of Revenue: Division of Sales and Use Taxes: Sales and Use Tax; Administration and Accounting
103 KAR 31:310. Sourcing of digital property.
Office of the Secretary: Purchasing
200 KAR 5:315. Suspension.
GENERAL GOVERNMENT CABINET: State Board of Examiners and Registration of Landscape Architects: Board
201 KAR 10:050. Fees.
ENERGY AND ENVIRONMENT CABINET: Department for Environmental Protection: Division of Waste Management: Solid Waste Facilities
401 KAR 47:090. Solid waste permit fees.
CABINET FOR HEALTH AND FAMILY SERVICES: Office of Inspector General: Division of Healthcare: Health Services and Facilities
902 KAR 20:400. Limited services clinics.
The subcommittee adjourned at 1:45 p.m. until June 8, 2010.