Call to Order and Roll Call
The April meeting of the Administrative Regulation Review Subcommittee was held on Tuesday, April 12, 2011, at 1:00 PM, in Room 149 of the Capitol Annex. Senator Joe Bowen, Chair, called the meeting to order, and the secretary called the roll.
Present were:
Members: Senator Joe Bowen, Co-Chair; Representative Johnny Bell, Co-Chair; Senators David Givens, Alice Forgy Kerr, and Joey Pendleton; Representatives Robert R. Damron, Danny Ford, and Jimmie Lee.
Guests: Sherron Jackson, Rana Johnson, Dennis Taulbee, Council on Postsecondary Education; Sarah Johnson, Sandy Milburn, State Board of Elections; Emily Dennis, Registry of Election Finance; Beau Barnes, Kentucky Teachers' Retirement System; Tom Crawford, David Gordon, DeVon Hankins, Mark Johnson, Bruce Nix, Jamie Shackleford, Finance and Administration Cabinet; Charlotte Beason, Nathan Goldman, Board of Nursing; Ron Brooks, Margaret Everson, Karen Waldrop, Department of Fish and Wildlife; Sandra Gruzesky, Abby Powell, Anshu Singh, Division of Water; Kevin Brown, Kay Kennedy, Department of Education; DJ Wasson, Department of Insurance; Marc A. Guilfoil, Greg Lamb, Tim West, Kentucky Horse Racing Commission; Matt McKinley, Cabinet for Health and Family Services and David Cox, Board of Licensure for Engineers and Land Surveyors.
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, April 12, 2011, and submits this report:
Administrative Regulations Reviewed by the Subcommittee:
COUNCIL ON POSTSECONDARY EDUCATION: Public Educational Institutions
13 KAR 2:060. Degree program approval; equal opportunity goals. Sherron Jackson, associate vice president; Rana Johnson, chief diversity officer; and Dennis L. Taulbee, general counsel, represented the council.
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 through 6 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
KENTUCKY STATE BOARD OF ELECTIONS: Voting
31 KAR 5:010 & E. Use of the federal write-in absentee ballot in elections for federal office. Sarah Johnson, executive director, and Sandy Milburn, assistant director, represented the board.
In response to a question by Senator Pendleton, Ms. Johnson stated that in 2009 the federal government expanded procedures for overseas voting. This amendment updated voting procedures for compliance with federal standards to allow soldiers who did not get a ballot to vote by "write in" for a primary election.
Senator Pendleton requested that voting requirements for military be simplified.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to place terms in alphabetical order; (2) to amend Section 4 to specify how an absent voter may designate a candidate in a primary election; (3) to amend Sections 4, 6, and 7 to comply with the drafting and formatting requirements of KRS Chapter 13A; (4) to amend the RELATES TO paragraph to add a citation; (5) to amend Section 1 to change the term “absent overseas voter” to “absent voter”; (6) to amend Section 1 to add citations to the federal definitions for the terms “absent uniformed services voter” and “overseas voter”; (7) to amend Sections 2 through 6 to conform to the new terms; and (8) to amend Section 3 to add language prohibiting the county board of elections from counting a federal write-in absentee ballot from an “absent uniformed services voter” if it is submitted from within the voter’s county of residence. Without objection, and with agreement of the agency, the amendments were approved.
DEPARTMENT OF STATE: Kentucky Registry of Election Finance: Practice and Procedure
32 KAR 2:130 & E. Monetary contributions made in a format other than cash, and refunds. Emily Dennis, general counsel, represented the registry.
FINANCE AND ADMINISTRATION CABINET: Kentucky Teachers' Retirement System: General Rules
102 KAR 1:178 & E. Investment policies for insurance trust fund. Beau Barnes, deputy executive secretary and general counsel, represented the system.
In response to questions by Senator Pendleton, Mr. Barnes stated that the system retained an outside investment consultant, nationally recognized money managers, and in-house financial analysts. The systems tried to avoid managed risk, which helped minimize losses during the recent recession.
In response to questions by Co-Chair Bell, Mr. Barnes stated that system trustees took oaths regarding fiduciary responsibility and signed statements pertaining to conflicts of interest. They also received annual ethics training. Violations of fiduciary responsibility were subject to the same civil and criminal penalties as in the private sector.
Department of Revenue: Forms
103 KAR 3:010. General Administrative Forms Manual. David Gordon, executive director, Office of Property Valuation; Bruce Nix, director, Division of Individual Income Tax; and Janine Shackelford, branch manager, Program Improvement/Data Quality Branch, represented the department.
In response to questions by Senator Pendleton, Mr. Gordon stated that 103 KAR 3:010, 3:030, and 3:040 and E updated tax forms and reports. The forms did not impact property valuation administrators, but were mostly for personal tax reporting. Burden to the taxed community would not increase.
In response to a question by Senator Givens, Mr. Gordon stated that 103 KAR 3:010, 3:030, and 3:040 and E streamlined form and report processing.
A motion was made and seconded to approve the following amendments: to amend Sections 1 and 2 to comply with the drafting and formatting 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 amend Sections 1 through 3 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
103 KAR 3:040 & E. Income Tax Forms Manual.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to add a statutory citation; and (2) to amend Sections 1 through 3 to comply with the drafting and formatting 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 20:059 & E. Advanced practice registered nurse controlled substances prescriptions. Charlotte Beason, executive director, and Nathan Goldman, general counsel, represented the board.
In response to a question by Senator Kerr, Ms. Beason stated that the board voted unanimously to approve the extended time frame for controlled substance prescriptions by advanced practice registered nurses.
Senator Pendleton thanked the board, and physician board members especially, for promulgating this change.
TOURISM, ARTS AND HERITAGE CABINET: Department of Fish and Wildlife Resources: Fish
301 KAR 1:155. Commercial fishing requirements. Ron Brooks, director, fisheries division; Margaret Everson, assistant attorney general; and Karen Waldrop, wildlife director, represented the department.
In response to questions by Representative Damron, Mr. Brooks stated that comments were received during the public comment period. Commercial fishermen commented on the licensure fee deadline. They preferred that the deadline be extended. Mr. Brooks stated that the deadline was necessary to allow for timely permit processing. Commercial fishermen also wished to include brothers and sisters among immediate family members who could use the commercial fishing license. The department agreed to that change, which was made in the Amended After Comments version. Additionally, commercial fishermen wanted permission to use snagging. The department did not make that change because snagging posed risks to fish populations.
A motion was made and seconded to approve the following amendments: to amend Sections 1, 4, and 5 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Game
301 KAR 2:049. Small game and furbearer hunting and trapping on public areas.
301 KAR 2:178. Deer hunting on Wildlife Management Areas, state parks, and other public lands.
In response to questions by Senator Givens, Dr. Waldrop stated that the changes to this administrative regulation provided for potential additional deer tags, depending on the state park. There had always been some overlap in weaponry seasons, but there had not been confusion among hunters regarding which season it was.
In response to a question by Co-Chair Bowen, Dr. Waldrop stated that the changes would have a positive impact on state parks and state park revenue.
A motion was made and seconded to approve the following amendments: to amend Section 8 to comply with the drafting and formatting 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: Water Quality
401 KAR 5:006. Wastewater planning requirements for regional planning agencies. Sandra Gruzesky, director, division of water, and Anshu Singh, environmental control supervisor, represented the division.
In response to questions by Co-Chair Bell, Ms. Gruzesky stated that aspects of wastewater planning that required engineering expertise required the stamp of a licensed, professional engineer. Nonengineering aspects of planning, such as jurisdictional and legal aspects, did not constitute engineering and did not require the engineer's stamp. Ms. Singh stated that parts of the wastewater planning, such as soil testing, did not requiring engineering expertise.
EDUCATION AND WORKFORCE DEVELOPMENT CABINET: Kentucky Board of Education: Department of Education: Pupil Transportation
702 KAR 7:125. Pupil attendance. Kevin Brown, general counsel, and Kay Kennedy, director, represented the department.
In response to questions by Representative Damron, Mr. Brown stated that the Local Superintendents Advisory Council was involved in the drafting process. Ms. Kennedy stated that the department also worked with the Division of Pupil Personnel in developing these policies. None of the administrative bodies expressed opposition to the changes.
In response to questions by Senator Givens, Ms. Kennedy stated that attendance recording requirements were amended for clarification regarding what constituted tardiness and what constituted a half day absence. It would not significantly skew attendance comparisons from years prior to and after this amendment.
A motion was made and seconded to approve the following amendments: to amend Sections 1, 5, 7, 9, 14, 15, and 16 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
PUBLIC PROTECTION CABINET: Department of Insurance: Consumer Protection Division: Administration
806 KAR 2:150. Collection fee. D.J. Wasson, staff assistant, represented the division.
In response to questions by Representative Damron, Ms. Wasson stated that the division received comments from the Kentucky Association of Counties and the Kentucky League of Cities. Most comments were supportive of this administrative regulation. Two (2) commenters asked for clarification, which the division made in the Amended After Comments version. Another administrative regulation allowed a tax collection fee up to fifteen (15) percent of the total tax to be collected. The fifteen (15) percent threshold was a statutory provision.
In response to questions by Co-Chair Bell, Ms. Wasson stated that the statute allowed for premium increases that may increase consumer cost. This administrative regulation clarified how to charge the fee and how to refund it, but local jurisdictions determined the cost in accordance with the authorizing statute.
In response to a question by Senator Givens, Ms. Wasson stated that local jurisdictions were required to charge the same percentage among policyholders; however, local jurisdictions may establish exemptions, such as exemptions for churches.
Kentucky Horse Racing Commission: Harness Racing
811 KAR 1:280. Calculation of payouts and distribution of pools. Greg Lamb, supervisor, pari-mutuel wagering, and Timothy West, assistant general counsel, represented the commission.
A motion was made and seconded to approve the following amendments: to amend the RELATES TO paragraph and Sections 1 through 17 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Quarter Horse, Appaloosa, and Arabian Racing
A motion was made and seconded to approve the following amendments: to amend the RELATES TO paragraph and Sections 1 through 17 to comply with the drafting and formatting 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 Public Health Protection and Safety: Radiology
902 KAR 100:010. Definitions for 902 KAR Chapter 100. Matt McKinley, branch manager; Curt Pendergrass, Ph.D.; and Angela Shryock, radiation health specialist, represented the division.
In response to a question by Co-Chair Bell, Mr. McKinley stated that the division issued licenses and provided oversight in the form of inspections.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to add 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 Section 1 to comply with the drafting and formatting requirements of KRS Chapter 13A; and (4) to amend the REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT to correct a typographical error. Without objection, and with agreement of the agency, the amendments were approved.
902 KAR 100:021. Disposal of radioactive material.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to make a technical correction; (2) to amend Sections 2, 3, 4, 6, 7, and 10 to comply with the drafting and formatting requirements of KRS Chapter 13A; and (3) to amend Section 13 to revise material incorporated by reference. Without objection, and with agreement of the agency, the amendments were approved.
902 KAR 100:058. Specific licenses to manufacture, assemble, repair, or distribute products.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to correct citations; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to make a technical correction; and (3) to amend Sections 2 through 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.
902 KAR 100:070. Transportation of radioactive material.
A motion was made and seconded to approve the following amendments: to amend Sections 3, 4, 6 through 13, 15, 16, 18, 20, 23, 27, and 28 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
902 KAR 100:072. Use of radionuclides in the health arts.
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 make a technical correction; and (3) to amend Sections 2 through 5, 8 through 11, 15, 16, 17, 24, 26, 27, 29, 32, 49, 50, 51, 52, 54, 57, 64 through 68, 70, 71, 73, 77, and 80 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
902 KAR 100:165. Notices, reports and instructions to employees.
A motion was made and seconded to approve the following amendments: (1) to amend the TITLE; the RELATES TO paragraph; and the NECESSITY, FUNCTION, AND CONFORMITY paragraph to make a technical corrections; (2) to amend Sections 1, 2, 3, 5, 6, 8, 9, and 10 to comply with the drafting and formatting requirements of KRS Chapter 13A; and (3) to amend Section 10 to revise the form incorporated by reference. Without objection, and with agreement of the agency, the amendments were approved.
Other Business: A moment of silence was observed on behalf of Representative Dewayne Bunch, following injuries he sustained that morning.
Subcommittee staff explained that pursuant to KRS 13A.020, the members of this Subcommittee were appointed March 31 of each odd-numbered years and as vacancies occur in its membership. All current members were re-appointed; however, the Co-Chairs needed to be elected by the membership.
A motion was made by Senator Givens and seconded by Senator Pendleton to nominate Senator Joe Bowen for Senate Co-Chair of the Subcommittee. Senator Bowen accepted the nomination. A motion was made and seconded to cease nominations. Senate members voted unanimously to elect Senator Bowen for Co-Chair.
A motion was made by Representative Lee and seconded by Representative Damron to nominate Representative Johnny Bell for House Co-Chair of the Subcommittee. Representative Bell accepted the nomination. A motion was made and seconded to cease nominations. House members voted unanimously to elect Representative Bell for Co-Chair.
The following administrative regulations were deferred to the May 10, 2011, meeting of the Subcommittee:
FINANCE AND ADMINISTRATION CABINET: Department of Revenue: Forms
103 KAR 3:050. Miscellaneous taxes forms manual.
GENERAL GOVERNMENT CABINET: Board of Dentistry: Board
201 KAR 8:531. Licensure of dentist.
201 KAR 8:561. Licensure of dental hygienists.
Board of Hairdressers and Cosmetologists: Board
201 KAR 12:083. Educational requirements.
PUBLIC PROTECTION CABINET: Kentucky Horse Racing Commission:
Thoroughbred Racing
810 KAR 1:001. Definitions.
810 KAR 1:011. Pari-mutuel wagering.
810 KAR 1:120. Exotic wagering.
Harness Racing
811 KAR 1:005. Definitions.
811 KAR 1:125. Pari-mutuel wagering.
811 KAR 1:250. Exotic wagering.
Quarter Horse, Appaloosa, and Arabian Racing
811 KAR 2:010. Definitions.
811 KAR 2:060. Pari-mutuel wagering.
811 KAR 2:160. Exotic wagering.
CABINET FOR HEALTH AND FAMILY SERVICES: Department for Community Based Services: Division of Protection and Permanency: Child Welfare
922 KAR 1:420 & E. Child fatality or near fatality investigations.
The Subcommittee adjourned at 2:00 p.m. until May 10, 2011.