Call to Order and Roll Call
The April meeting of the Administrative Regulation Review Subcommittee was held on Tuesday, April 14, 2015, at 1:00 PM, in Room 149 of the Capitol Annex. Senator Ernie Harris, Chair, called the meeting to order, and the secretary called the roll.
Present were:
Members: Senator Ernie Harris, Co-Chair; Representative Mary Lou Marzian, Co-Chair; Senators Perry B. Clark; and Representatives Denver Butler, Will Coursey, and Tommy Turner.
Guests: Sherman Nave, Steve Washing, Department of Revenue; Karen Waldrop, David Wicker, Department of Fish and Wildlife; Clint Quarles, Robert Stout, Department of Agriculture; Chase Bannister, Kay Kennedy, Amy Peabody, Leslie Slaughter, Department of Education; Diona Mullins, Office of Health Policy; Laura Begin, Carlene Egbert, Department for Public Health; Stuart Owen, Department for Medicaid Services; Elizabeth Caywood, Department for Community Based Services; Judy Roberts, Michael Roberts, United Bow Hunters of Kentucky; Gary Williams.
LRC Staff: Donna Little, Sarah Amburgey, Carrie Klaber, Karen Howard, Emily Harkenrider, Emily Caudill, Ange Bertholf, and Betsy Cupp.
The Administrative Regulation Review Subcommittee met on Tuesday, April 14, 2015, and submits this report:
Administrative Regulations Reviewed by the Subcommittee:
FINANCE AND ADMINISTRATION CABINET: Department of Revenue: Office of Income Taxation: Forms
103 KAR 3:040 & E. Income Tax Forms Manual. Sherman Nave, director of corporation taxation, and Steve Washing, director, Division of Income Tax, represented the department.
A motion was made and seconded to approve the following amendments: to amend Sections 1, 2, and 3 to comply with the drafting 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 2:132. Elk quota hunts, elk depredation permits, landowner cooperator permits, and voucher cooperator permits. Dr. Karen Waldrop, deputy commissioner, and David Wicker, general counsel, represented the department. Judy Roberts, member, United Bowhunters of Kentucky; Michael Roberts, legislative chairman, United Bowhunters of Kentucky; and Gary Williams, Hopkinsville sportsman, appeared in opposition to these administrative regulations.
In response to questions by Co-Chair Harris, Dr. Waldrop stated that various stakeholders made extensive efforts since 1997 to reestablish elk in the Commonwealth. There were now between 9,000 and 11,000 elk in Kentucky. The elk restoration project resulted in many successful elk hunts and new businesses, such as elk tours, elk-related artwork, and elk-related tourism. The changes to these administrative regulations pertained to increasing hunting opportunities.
In response to questions by Representative Turner, Dr. Waldrop stated that the department and stakeholders, in conjunction with former Senators Pendleton and Tapp and Representative Turner, met in 2005 or 2006 to address concerns regarding crossbow hunting and archery hunting. While the three legislators facilitated the meeting, the department and stakeholders were the actual parties to the compromise. The United Bowhunters of Kentucky, along with other sportsmen, opposed a fully concurrent crossbow-archery season on the grounds that the crossbow did not constitute archery equipment because the crossbow was a much more efficient weapon. The outcome of the meeting was an agreement for a partial, but not completely concurrent, crossbow-archery season in which there would be a portion of the season that was open to archery without the inclusion of crossbow hunting. These administrative regulations allowed crossbow hunting concurrent with the archery season for senior hunters 65 years or older.
Ms. Roberts stated that the Fish and Wildlife Commission made its determination regarding crossbow requirements based in part on incidences of wounded game. The Fish and Wildlife Commission failed to prove that incidences of wounded game would decrease with increased crossbow hunting. The department did not provide adequate public involvement in the development of these administrative regulations.
Mr. Williams stated that he agreed with Representative Turner regarding his recollection that the 2005 or 2006 meeting was facilitated by the three legislators but that the legislators were not a party to the actual compromise. Bowhunters were opposed to these administrative regulations because there was less opportunity for archery-only hunting. Communication with the department was inadequate, especially as concerns the public comments. Mr. Williams stated that he would like the Higginson–Henry Wildlife Management Area to continue the prohibition of crossbow hunting.
Mr. Roberts stated that he had attended most Fish and Wildlife Commission meetings since 1976. The United Bowhunters of Kentucky educated youth throughout the Commonwealth on archery-related topics. The crossbow was not considered to be archery equipment, just as a modern firearm was inappropriate for use during muzzleloader season. At the meeting in 2005 or 2006, the department agreed that there would not be further incursion of crossbow hunting during the archery season. Most sportsmen were unaware of these changes. Crossbow hunters did not ask the department to make these proposed changes. The public hearing was canceled without notice, and the three Statements of Consideration did not include the full text of each comment.
Representative Turner stated that biologists had recommended that the department keep the elk hunting limit at 1,000; however, the department decided to establish the cap at 900. Elk guides had too much input on the elk limits. Representative Turner stated that he was extremely displeased with the lack of communication between the department and the sportsmen groups.
Dr. Waldrop apologized for inadequate communication and stated that the department would improve communication with stakeholders. The department included all public comments received by the published deadline in the three Statements of Consideration. The hearing was canceled, as provided in KRS Chapter 13A, because the department did not receive any notices that anyone intended to attend the public hearing. The public hearing was typically not a give-and-take type of hearing, and written public comments were of no less value than comments from the public hearing. Biologists had recommended an elk cap of 1,000; however, the department determined that there were low numbers of elk in certain limited-entry areas. The Fish and Wildlife Commission determined that elk hunting, for cows only, should be reduced in these limited-entry areas to avoid overharvesting.
In response to a question by Co-Chair Marzian, Dr. Waldrop stated that most hunters were ethical and would search for wounded game. There was not a specific time frame for such a search. Co-Chair Marzian stated that she appreciated the crossbow exemption for a senior hunter 65 years or older because such a hunter would not have the expense of getting a note from a doctor to support the exemption.
Co-Chair Harris stated that communication was clearly an issue and should be improved by all parties.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to add a citation; and (2) to amend Sections 1, 3, 5, 8, and 11 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
301 KAR 2:172. Deer hunting seasons, zones, and requirements.
301 KAR 2:178. Deer hunting on Wildlife Management Areas, state parks, other public lands, and federally controlled areas.
A motion was made and seconded to approve the following amendments: to amend Sections 1, 2, 3, 6, and 8 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
DEPARTMENT OF AGRICULTURE: Office of State Veterinarian: Division of Animal Health: Livestock Sanitation
302 KAR 20:110. Treatment of imported mares. Clint Quarles, attorney, represented the division.
In response to a question by Co-Chair Harris, Mr. Quarles stated that Kentucky experienced some confirmed infections of contagious equine metritis that led to developing these better standards, which were based on nationwide standard revisions.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to add a citation; and (2) to amend Sections 1, 2, 5, and 6 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
302 KAR 20:120. Treatment of imported stallions.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph and Section 2 to correct citations; and (2) to amend Sections 1, 2, 3, and 5 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
EDUCATION AND WORKFORCE DEVELOPMENT CABINET: Board of Education: Department of Education: School Administration and Finance
702 KAR 3:320. Finance officer certification requirements. Kay Kennedy, director, and Amy Peabody, attorney, represented the department.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 2, 5, and 7 to comply with the drafting requirements of KRS Chapter 13A; and (2) to amend Section 6 to specify the requirements for approval of continuing education courses. Without objection, and with agreement of the agency, the amendments were approved.
Instructional Programs
705 KAR 4:250. Energy technology engineering career pathway. Chase Bannister, staff attorney, and Leslie Slaughter, policy advisor, represented the department.
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; (2) to add Section 5, Incorporation by Reference, to incorporate the Energy Technology Engineering Career Pathway Grant Application; (3) to amend Sections 2 through 4 to specify application requirements; and (4) to amend Sections 1 through 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.
CABINET FOR HEALTH AND FAMILY SERVICES: Office of Health Policy: Data Reporting and Public Use Data Sets
900 KAR 7:030 & E. Data reporting by health care providers. Diona Mullins, policy advisor, represented the cabinet.
Department for Public Health: Division of Maternal and Child Health: Maternal and Child Health
902 KAR 4:041. Repeal of 902 KAR 4:040. Laura Begin, regulation coordinator, and Carlene Egbert, supervisor, represented the cabinet.
Department for Medicaid Services: Division of Provider Operations: Payment and Services
907 KAR 3:017 & E. Enhanced reimbursement for preventive and wellness services. Stuart Owen, regulation coordinator, represented the cabinet.
A motion was made and seconded to approve the following amendments: (1) to amend Section 8 to change the edition date of the material incorporated by reference; (2) to amend the Medicaid Preventive and Wellness Enhanced Fee Schedule to: (a) reorganize the schedule alphabetically by category of wellness or preventive procedure; (b) insert two more columns with enhanced rates for certain procedures; (c) insert a requirement that current procedural terminology (CPT) coding guidelines shall be followed; (d) clarify the “after hours” enhanced rate to conform with federal and CPT guidelines; and (e) add a few additional codes with corresponding enhanced reimbursement; and (3) to amend Section 1 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Department for Community Based Services: Division of Family Support: K-TAP, Kentucky Works, Welfare to Work, State Supplementation
921 KAR 2:015 & E. Supplemental programs for persons who are aged, blind, or have a disability. Elizabeth Caywood, internal policy analyst, represented the cabinet.
Other Business: A motion was made by Representative Butler, seconded by Representative Turner to elect Representative Mary Lou Marzian for the position of House Co-Chair for the subcommittee. Without objection, and with unanimous agreement of House members present, Representative Marzian was elected for the position of House Co-Chair.
A motion was made by Senator Clark, seconded by Senator Harris, to elect Senator Ernie Harris for the position of Senate Co-Chair for the subcommittee. Without objection, and with unanimous agreement of Senate members present, Senator Harris was elected for the position of Senate Co-Chair.
The following administrative regulations were deferred to the May 12, 2015, meeting of the Subcommittee:
GENERAL GOVERNMENT CABINET: Board of Chiropractic Examiners: Board
201 KAR 21:090 & E. Prechiropractic education requirements.
TRANSPORTATION CABINET: Department of Vehicle Regulation: Division of Motor Carriers: Motor Carriers
601 KAR 1:112 & E. Transportation network company.
Office of the Secretary: Kentucky Bicycle and Bikeways Commission: Motorcycle and Bicycle Safety
601 KAR 14:020. Bicycle safety standards.
LABOR CABINET: Labor Standards; Wages and Hours
803 KAR 1:035. Hearing procedure.
CABINET FOR HEALTH AND FAMILY SERVICES: Department for Community Based Services: Division of Family Support: Supplemental Nutrition Assistance Program
921 KAR 3:060. Administrative disqualification hearings and penalties.
The Subcommittee adjourned at 2:00 p.m. until May 12, 2015, at 1 p.m.