Call to Order and Roll Call
The October meeting of the Administrative Regulation Review Subcommittee was held on Tuesday, October 12, 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 Robert R. Damron, Danny Ford, and Jimmie Lee.
Guests: Alan Pauw, Kentucky Judicial Retirement System; Dinah Bevington, Personnel Cabinet; Tamela A. Biggs, Kentucky Teachers' Retirement; Rob Carter, Devon Hankins, Ricky Haven, Randy Justice, Gary Morris, Bruce Nix, Don Richardson, Department of Revenue; Steve Bullard, Kentucky Department of Military Affairs, Matt Frohlick, Junior Wright, Andrew Hartley; Department for Local Government; Jonathan Buckley, David Cox, Robert W. Fentress, James E. Manning, State Board of Licensure for Professional Engineers and Surveyors; Becky Klusch, Board of Physical Therapy; Angela Evans, Jeff Boler, Frances Short, Harold Glen Williams, Board for Proprietary Education; Margaret Everson, Karen Waldrop, Department of Fish and Wildlife Resources; Steve Lynn, Ky Law Enforcement Council; Clay Lamb, Allen Larson, Education and Workforce Development Cabinet; Sandra Chapman, DJ Wasson, Department of Insurance; Shaun T. Orme, Chris Thompson, Department of Financial Institutions; Patricia J. Cooksey, Marc A. Guilfoil, Susan B. Speckert, Kentucky Horse Racing Commission; Dawn Bellis, Tim House, George Mann, Richard Moloney, Department for Housing, Buildings, and Construction; Virginia Carrington, Elizabeth Caywood, Justin Dearinger, Department for Community Based Services; David England, Rebecca Johnston, Kim Martin, Horsemen; Mindy L. Coleman, Jeff Johnston, Jockeys' Guild, Inc.; Martin Maline, KHBPA.
LRC Staff: Dave Nicholas, Emily Caudill, Donna Little, Sarah Amburgey, Emily Harkenrider, Karen Howard, and Laura Napier.
The Administrative Regulation Review Subcommittee met on Tuesday, October 12, 2010, and submits this report:
Administrative Regulations Reviewed by the Subcommittee:
FINANCE AND ADMINISTRATION CABINET: Kentucky Judicial Form Retirement System: System
4 KAR 1:010. General compliance and federal tax laws. Alan Pauw, attorney, represented the Kentucky Judicial Form Retirement System.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to correct a statutory citation; and (2) to amend Sections 3 and 4 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
4 KAR 1:020. Minimum distribution.
4 KAR 1:030. Rollovers and transfers to other plans.
4 KAR 1:040. Limitation on benefits.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to correct a statutory citation; and (2) to amend Section 1 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
PERSONNEL CABINET: Personnel Cabinet, General
101 KAR 5:015 & E. Furloughs. Dinah Bevington, general counsel, represented the cabinet.
In response to questions by Representative Ford, Ms. Bevington stated that the furlough requirements applied to all Executive Branch employees in the Commonwealth of Kentucky. Public comments were not submitted to the cabinet during the public comment period.
FINANCE AND ADMINISTRATION CABINET: Kentucky Teachers' Retirement System: General Rules
102 KAR 1:320 & E. Qualified domestic relations orders. Tamela Biggs, staff attorney, represented the system.
A motion was made and seconded to approve the following amendments: to amend the TITLE; the RELATES TO; STATUTORY AUTHORITY; and NECESSITY, FUNCTION, AND CONFORMITY paragraphs; and Sections 1, 2, 3, 6, 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.
102 KAR 1:330 & E. Travel and administrative expenses.
A motion was made and seconded to approve the following amendments: to amend the TITLE; the NECESSITY, FUNCTION, AND CONFORMITY paragraph; and 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.
Department of Revenue: Office of Sales and Excise Taxes: Forms
103 KAR 3:020. Sales and telecommunications forms manual. Robert Carter, tax research consultant; Ricky Haven, director, Division of Sales and Use Tax; and Gary Morris, policy advisor, represented the office.
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 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.
Office of Income Taxation: Income Tax; Withholding
103 KAR 18:070. Supplemental wages and other payments subject to withholding. Randy Justice, general counsel, Education and Workforce Development Cabinet, appeared in support of this administrative regulation.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 3, 4, 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.
DEPARTMENT OF MILITARY AFFAIRS: Military Family Assistance Trust Fund Board: Kentucky Veterans' Program Trust Fund
106 KAR 2:020. Military Family Trust Fund. Colonel Steve Bullard, director of administrative services, represented the board.
In response to a question by Representative Ford, Colonel Bullard stated that this administrative regulation was being amended in response to statutory changes to more quickly help families get funds in an emergency and to allow the board to change discretionary funding for multiple-member applications.
Subcommittee staff stated that the suggested amendments corrected the typographical errors noted on the Staff Review form.
A motion was made and seconded to approve the following amendments: to amend Section 3 to correct typographical errors. Without objection, and with agreement of the agency, the amendments were approved.
GENERAL GOVERNMENT CABINET: Department for Local Government: County Budget
109 KAR 15:020. County Budget Preparation and State Local Finance Officer Policy Manual. Andrew Hartley, staff attorney, represented the department.
A motion was made and seconded to approve the following amendments: to amend the STATUTORY AUTHORITY and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and 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.
State Board of Licensure for Professional Engineers and Land Surveyors: Board
201 KAR 18:150. Standards of practice. Jonathan Buckley, general counsel, and David Cox, executive director, represented the board.
In response to a question by Representative Ford, Mr. Cox stated that this administrative regulation was amended to include new technology options, such as GPS for boundary surveys; written disclosure requirements; and changes to material options.
A motion was made and seconded to approve the following amendments: to amend Sections 1, 2, 8, 9 10, 12, and 13 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 Physical Therapy: Board
201 KAR 22:020. Eligibility and credentialing procedure. Becky Klusch, executive director, represented the board.
201 KAR 22:053. Code of ethical standards and standards of practice for physical therapists and physical therapist assistants.
A motion was made and seconded to approve the following amendment: to amend Section 5 to correct an internal reference. Without objection, and with agreement of the agency, the amendment was approved.
PUBLIC PROTECTION CABINET: Office of Occupations and Professions: Board for Proprietary Education: Board
201 KAR 40:040. Commercial driver license training school curriculum and refresher course. Angela Evans, assistant attorney general; Frances Short, executive director, Office of Occupations and Professions; and Harold Glen Wilham, board member, represented the board.
In response to questions by Senator Givens, Ms. Evans stated that public comments were not submitted during the public comment period. The changes to these administrative regulations included grammatical and technical changes, as well as a substantive change that allowed commercial driver license training schools to use certain equipment that was still safe to use. The language regarding requirements for a criminal background check was deleted because that requirement was already established by statute.
Co-Chair Tori stated that these administrative regulations did not include fee increases and included one (1) fee that was decreased.
201 KAR 40:050. Application for license for commercial driver license training school.
A motion was made and seconded to approve the following amendments: (1) to amend Section 3 to comply with the formatting requirements of KRS Chapter 13A; and (2) to amend the application incorporated by reference to list the same fees as are listed in the administrative regulation. Without objection, and with the agreement of the agency, the amendments were approved.
201 KAR 40:060. Application for renewal of license for commercial driver license training school.
A motion was made and seconded to approve the following amendments: (1) to amend Section 3 to comply with the formatting requirements of KRS Chapter 13A; and (2) to amend the application incorporated by reference to list the same fees as are listed in the administrative regulation. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 40:070. Commercial driver license training school instructor and agent application and renewal procedures.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 2 and 4 to comply with the drafting and formatting requirements of KRS Chapter 13A; and (2) to amend the application incorporated by reference to list the same fees as are listed in the administrative regulation. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 40:080. Maintenance of student records, schedule of fees charged to students, contracts and agreements involving licensed commercial driver training schools, and advertising and solicitation of students by commercial driver license training schools.
A motion was made and seconded to approve the following amendments: to amend Sections 1, 3, and 4 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 40:100. Standards for Kentucky resident commercial driver training school facilities.
TOURISM, ARTS AND HERITAGE CABINET: Department of Fish and Wildlife Resources: Game
301 KAR 2:251. Hunting and trapping seasons and limits for furbearers. Margaret Everson, assistant attorney general, and Karen Waldrop, director, Wildlife Division, represented the department.
JUSTICE AND PUBLIC SAFETY CABINET: Kentucky Law Enforcement Council: Council
503 KAR 1:170. Career Development Program. Steve Lynn, assistant general counsel, represented the council.
A motion was made and seconded to approve the following amendments: to amend Sections 1, 3, 15, 16, 18, and 25 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 AND WORKFORCE DEVELOPMENT CABINET: Department of Workforce Investment: Office of Employment and Training: Unemployment Insurance
787 KAR 1:090. Unemployed worker's reporting requirements. Clay Lamb, staff attorney, and Allen Larson, director, Unemployment Insurance, represented the office.
A motion was made and seconded to approve the following amendment: to amend Section 2 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendment was approved.
PUBLIC PROTECTION CABINET: Department of Insurance: Agent Licensing Division: Agent, Consultants, Solicitors and Adjusters
806 KAR 9:030. Adjusters, apprentice adjusters; licenses, restrictions. Sandra Chapman, acting director, Agent Licensing Division, and D. J. Wasson, staff assistant, represented the division.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and 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.
Department of Financial Institutions: Non-Depository Division of Financial Institutions: Mortgage Loan Companies and Mortgage Loan Brokers
808 KAR 12:002. Definitions for 808 KAR Chapter 12. Shaun T. Orme, assistant general counsel, and Chris Thompson, branch manager, represented the division.
A motion was made and seconded to approve the following amendment: to amend Section 1 to insert a definition. Without objection, and with agreement of the agency, the amendment was approved.
808 KAR 12:021. License and registration.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to delete superfluous language; and (2) to amend Sections 1 and 4 through 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.
808 KAR 12:022. Examination and investigation fees.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and NECESSITY, FUNCTION, AND CONFORMITY paragraphs to comply with the drafting and format requirements of KRS Chapter 13A; and (2) to amend Section 1 for clarification. Without objection, and with agreement of the agency, the amendments were approved.
808 KAR 12:023. Recordkeeping.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 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.
808 KAR 12:024. Change of address, name, control, or agent for service of process.
A motion was made and seconded to approve the following amendments: to amend the RELATES TO paragraph; the NECESSITY, FUNCTION, AND CONFORMITY paragraph; and 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.
808 KAR 12:026. Procedures for distributing and using funds from the Mortgage Fraud Prosecution fund.
A motion was made and seconded to approve the following amendments: to amend the RELATES TO paragraph; the NECESSITY, FUNCTION, AND CONFORMITY paragraph; and Sections 1 through 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.
808 KAR 12:066. Repeal of 808 KAR 12:065.
808 KAR 12:076. Repeal of 808 KAR 12:075.
808 KAR 12:086. Repeal of 808 KAR 12:085.
808 KAR 12:096. Repeal of 808 KAR 12:095.
Department of Housing, Buildings and Construction: Division of Building Code Enforcement: Kentucky Building Code
815 KAR 7:110. Criteria for expanded local jurisdiction. Dawn M. Bellis, general counsel; George Mann, deputy commissioner; and Tim House, acting director, Division of Heating, Ventilation and Air Conditioning, and director, Division of Plumbing, represented the division.
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 Sections 1 through 4, 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.
Division of Heating, Ventilation and Air Conditioning Contractors: Heating, Ventilation and Air Conditioning Licensing Requirements
815 KAR 8:035. Reciprocal licensing requirements.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and 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.
815 KAR 8:050. Continuing education requirements for heating, ventilation, and air conditioning (HVAC) license holders.
A motion was made and seconded 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; and (2) to amend Sections 1, 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.
Division of Plumbing: Plumbing
815 KAR 20:032. Continuing education requirements for plumbers.
A motion was made and seconded 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; and (2) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs and Sections 1, 2, 3, 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.
CABINET FOR HEALTH AND FAMILY SERVICES: Department for Community Based Services: Division of Family Support: K-TAP, Kentucky Works, Welfare to Work, State Supplementation
921 KAR 2:040 & E. Procedures for determining initial and continuing education. Virginia Carrington, branch manager, and Elizabeth Caywood, internal policy analyst IV, represented the division.
A motion was made and seconded to approve the following amendments: 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.
Food Stamp Program
921 KAR 3:030 & E. Application process.
In response to questions by Representative Ford, Ms. Caywood stated that pursuant to the National Voter Registration Act, applicants for the food stamp program could register to vote as an ancillary part of the application process. The application form was amended for compliance with federal law. Other agencies were not required to provide voter registration opportunities as part of an application process for other programs. The cabinet was subject to litigation and corrective action from the federal government if the application form was not amended to comply with the National Voter Registration Act requirements.
In response to a question by Senator Givens, Ms. Caywood stated that the change to the form involved including a checkbox the applicant could use to indicate that the applicant was either already registered or did not wish to register to vote.
The following administrative regulations were deferred to the November 9, 2010, meeting of the Subcommittee:
GENERAL GOVERNMENT CABINET: Board of Dentistry: Board
201 KAR 8:007E. Repeal of 201 KAR 8:006, 8:015, 8:070, 8:130, 8:135, 8:140, 8:150, 8:160, 8:170, 8:180, 8:185, 8:190, 8:220, 8:225, 8:230, 8:240, 8:250, 8:260, 8:265, 8:270, 8:277, 8:280, 8:290, 8:310, 8:320, 8:330, 8:340, 8:345, 8:350, 8:355, 8:400, 8:420, 8:430, 8:440, 8:450, 8:460, 8:70, and 8:490.
201 KAR 8:390E. General anesthesia, deep sedation, and conscious sedation by dentists.
201 KAR 8:500 & E. Board organization.
201 KAR 8:510 & E. Advisory opinions.
201 KAR 8:540 & E. Dental practices.
Board of Veterinary Examiners: Board.
201 KAR 16:030 & E. License, renewal notice, exemption.
Board of Licensed Professional Counselors: Board
201 KAR 36:060. Qualifying experience under supervision.
201 KAR 36:070. Education requirements.
ENERGY AND ENVIRONMENT CABINET: Department for Environmental Protection: Division of Water: Public Water Supply
401 KAR 8:100. Design, construction, and approval of facilities.
TRANSPORTATION CABINET: Department of Vehicle Regulation: Division of Motor Carrier: Division
601 KAR 1:018 & E. Special overweight or overdimensional permits.
EDUCATION AND WORKFORCE DEVELOPMENT CABINET: Kentucky Board of Education: Department of Education: School Administration and Finance
702 KAR 3:246. School council allocation formula: KETS District Administrative System Chart of Accounts.
Pupil Transportation
702 KAR 5:110. Vocational pupils, reimbursement for.
Office of Instruction
704 KAR 3:305. Minimum requirements for high school graduation.
Department of Workforce Investment: Office of Vocational Rehabilitation: Administration
781 KAR 1:040. Rehabilitation technology services.
PUBLIC PROTECTION CABINET: Kentucky Horse Racing Commission: Thoroughbred Racing
810 KAR 1:009 & E. Jockeys and apprentices. Patricia Cooksey, director of public relations; Marc A. Guilfoil, deputy executive director; and Susan B. Speckert, general counsel, represented the commission. Mindy L. Coleman, counsel, Jockey's Guild, Incorporated; David England, horse trainer; Jeff Johnston, regional manager, Jockey's Guild, Incorporated; Rebecca Johnston, horse trainer; Martin Maline, executive director, Kentucky Horsemen's Benevolent and Protective Association, Incorporated; and Kim Martin, horse exerciser, appeared in opposition to these administrative regulations.
In response to a question by Senator Kerr, Ms. Speckert stated that jockeys were present at the Subcommittee meeting, but that the commission had not received a request from the Jockey's Guild to defer consideration of these administrative regulations.
In response to questions by Representative Lee, Ms. Speckert stated that these administrative regulations were filed as emergencies because the vest requirements protected horsemen and jockeys and was an issue of public safety. Research was still being conducted in 2008 when the commission first began to consider amending standard vest requirements. The commission waited until the vests were produced and available from manufacturers to promulgate the new requirements. The commission did not have statistics indicating that previous vest requirements were inadequate based on recorded injuries. Ms. Speckert stated that the Jockey's Guild had requested that the commission promulgate new vest standards. The commission did not believe that a financial hardship to horsemen existed because stakeholders had known these changes were coming since 2008. Additionally, an overwhelming number of jockeys in Kentucky also rode in Indiana, where the vests requirements were already in place. Therefore, the commission did not think there would not be a financial hardship as most jockeys already had the new vests in order to comply with Indiana's requirements. If these administrative regulations had not been filed as emergencies, the requirements would not be effective until January, 2011, which would be after the Breeder's Cup.
Ms. Cooksey stated that jockeys were initially against any administrative regulations requiring safety vests, but now they almost all complied. She stated the new vest provisions required a better, safer vest. The vests were tested and certified.
In response to a question by Representative Lee, Ms. Cooksey stated that the commission did not have data indicating how many injuries had occurred due to unsafe or inadequate vests, but that the Jockey's Guild probably had that information.
Representative Lee stated that his objection was not to the safety requirements themselves, but because the requirements were established by emergency administrative regulations without giving stakeholders an opportunity to prepare or comment.
Ms. Speckert stated that the requirements being established by emergency administrative regulations may prevent catastrophic injury.
In response to a question by Senator Kerr, Ms. Martin stated that the newly required vests were cumbersome and did not provide enough coverage for safety, including failing to cover the collar bone and the lower abdomen. These vests were not as safe for pony or horse exercisers.
Ms. Johnston stated that the newly required vests did not provide enough protection, including failing to cover the ribcage and the lower spine. She requested that stakeholders be allowed to wear a vest of their own choosing.
Mr. England stated that he represented horsemen, not jockeys, and that newly required vests did not allow horsemen to do their jobs. He cited the failure of the vests to protect the shoulder area and stated that almost every horseman in Kentucky opposed the newly required vests. The only communication made to Turfway Park regarding the new requirements came only four (4) days prior to the effective date of the emergency administrative regulations. Manufacturers were still in the development phase and have indicated some problems with the newly required vests. The process seemed to be rushed.
Mr. Maline stated that the vest requirements should not have been promulgated as emergency administrative regulations. Public input was circumvented because the emergency administrative regulations became effective prior to the public comment period. Concerns were not appropriately addressed by the commission once stakeholders did make comments. The commission refused to defer consideration until stakeholders had more time to communicate their concerns.
Ms. Coleman stated that the Jockey's Guild did ask for safety improvements; however, the guild also requested an injury database for jockeys. The database needed to have preceded safety improvement administrative regulations in order to determine the best safety requirements. In July 2010, there was a welfare and safety summit at Keeneland in order to evaluate vest safety. There had been an increase in paralyzation and fractured vertebrae in the last two (2) years. Research and information processing needed to continue before the new vest requirements were put into place. Manufacturers had modified products since the new requirements, and there were already newer, safer vests available. The speed that the new requirements were put into place caused financial struggles for many horsemen. Indiana had enacted a vest rule; however, jockeys in Indiana had losing-mount payments and health provisions that Kentucky jockeys and horsemen did not have to offset costs.
Mr. Johnston stated that the Jockey's Guild did not approach Association of Racing Commissioners International (ARCI); ARCI approached the guild to discuss vest standards. The guild agreed that the vest standards needed to be updated; however, it should not have been done by emergency administrative regulations and requirements should have been broader to include more vest options. Recent research had shown that the newer vests may be less effective than older versions under higher temperatures. The injury database was needed.
Ms. Coleman stated that the advertising restrictions were set to fail. Sponsors were not interested in dealing with the cumbersome rules. Because the administrative regulations were filed as emergencies in order to get the vest requirements in place quickly, the advertising requirements were also put into effect immediately. Jockeys had the right to fulfill existing, long-term contracts, which could not be fulfilled under the emergency administrative regulation advertising requirements. A single-race cost could not be determined in many instances if an existing, long-term contract was in place.
In response to questions by Representative Lee, Mr. Johnston stated that data collection regarding injuries to jockeys and horsemen was currently being done through tests in laboratories. There seem to have been more spinal injuries since the new vest requirements. The vests needed to provide both flexibility and impact protection. Injury data may even be able to be collected from past years. One (1) to two (2) years of studies and data collection would be necessary to develop a useful database.
In response to questions by Senator Givens, Mr. Maline stated that the guild and the HBPA knew that there had been ongoing discussion regarding the new vest standards; however, the organizations thought that they would be included in the requirement development process. Their input was not sought by the commission. Mr. Maline stated that Ms. Cooksey told him that the concern was much ado about nothing and that the requirements would only broaden vest options.
In response to a question by Senator Givens, Subcommittee staff stated that deferring consideration of these administrative regulations would not affect the status of the emergency administrative regulations that would still be in effect unchanged.
In response to questions by Co-Chair Tori, Ms. Speckert stated that the commission would agree to defer consideration of these administrative regulations to the November Subcommittee meeting. Ms. Speckert directed members to the timeline, which showed input opportunities from horsemen and jockeys, beginning in 2008. She stated that any claim that a stakeholder was blindsided by the administrative regulations was patently false. Ms. Speckert asked why there had not been complaints from jockeys and horsemen regarding the vest requirements in Indiana because the same jockeys race in Kentucky.
Ms. Cooksey stated that a number of vests not subject to the stakeholders' complaints were in compliance with the newly required standards. These administrative regulations gave more and safer vest options; however, the perfect vest for everyone did not exist.
Representative Lee stated that everything should be done to protect the safety of those who ride horses. The problem was that these administrative regulations were filed on an emergency basis unduly because the commission was unable to provide evidence of accidents related to inadequate vests.
Senator Givens stated that it was important during the administrative regulation process to keep emergency administrative regulations within the scope of statutory requirements. Government agencies were held to a higher standard and needed to provide more than the minimum requirements for stakeholder input. Senator Givens stated his desire that the commission meet with stakeholders and consider their concerns.
Co-Chair Combs stated that the commission should be prepared in November to describe the vest requirements of states other than Kentucky and Indiana, such as New York, California, and Florida.
Co-Chair Tori stated that the commission and stakeholders should work together. She stated that these administrative regulations should not have been promulgated by emergency administrative regulations.
A motion was made and seconded to approve the following amendments: (1) to amend Section 15(4) to delete the new provisions which require disclosure of advertising agreement terms to the commission; (2) to amend the advertising request form, KHRC 009-001, in conformity; (3) to amend Section 14 to specify that a safety vest shall have a tag, stamp, or similar identifying marker indicating that it meets one (1) of the required safety standards; and (4) to amend the RELATES TO; STATUTORY AUTHORITY; and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Sections 14 through 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.
A motion was made and seconded to defer consideration of this administrative regulation to the November meeting of the Subcommittee. With the agreement of the agency, this administrative regulation, as amended, was deferred.
810 KAR 1:026 & E. Racing associations.
A motion was made and seconded to approve the following amendments: (1) to amend Section 31 to specify that a safety vest shall have a tag, stamp, or similar identifying marker indicating that it meets one (1) of the required safety standards; and (2) to amend the RELATES TO; STATUTORY AUTHORITY; and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Sections 21, 28, 30, 31, 36, and 37 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 to the November meeting of the Subcommittee. With the agreement of the agency, this administrative regulation, as amended, was deferred.
Department of Housing, Buildings and Construction: Division of Plumbing: Plumbing
815 KAR 20:100. Joints and connections.
CABINET FOR HEALTH AND FAMILY SERVICES: Department for Public Health: Division of Adult and Child Health Improvement: Kentucky Early Intervention System
902 KAR 30:141. Repeal of 902 KAR 30:140 and 30:170.
The subcommittee adjourned at 3:15 p.m. until November 9, 2010.