Call to Order and Roll Call
The June meeting of the Administrative Regulation Review Subcommittee was held on Tuesday, June 9, 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; Senators Julie Raque Adams, Perry B. Clark, and Alice Forgy Kerr; and Representative Denver Butler.
Guests: Travis Powell, Council on Postsecondary Education; Maryellen Allen, Lynn Zellen, State Board of Elections; Kendy Parks, Department of Revenue; Karalee Oldenkamp, Board of Chiropractic Examiners; Ann Tyler Morgan, Charles O’Neal, Board of Emergency Medical Services; Tim Arnold, Department of Public Advocacy; John Cummings, Parole Board; Amy Barker, Department of Corrections; Elena Butler, Ann D’Angelo, Bill Gorton, Troy Hearn, Ryan Halloran, Catherine McBride, Jason Ramler, Rick Taylor, Lynn Soporowski, Jeff Tipton, Erik Wright, Transportation Cabinet; James Cundy, Wayne Onkst, Barbara Teague, Department for Libraries and Archives, John Alexander, Tammy Scruggs, Jessica Sharpe, Charles Vic, Department of Financial Institutions; Jamie Eads, Marc Guilfoil, Katherine Paisley, Horse Racing Commission; Elizabeth Caywood, Virginia Carrington, Department of Community Based Services.
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, June 9, 2015, and submits this report:
Administrative Regulations Reviewed by the Subcommittee:
COUNCIL ON POSTSECONDARY EDUCATION: Public Educational Institutions
13 KAR 2:045 & E. Determination of residency status for admission and tuition assessment purposes. Travis Powell, general counsel, represented the council.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to correct citations; and (2) to amend Sections 1 through 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.
FINANCE AND ADMINISTRATION CABINET: Department of Revenue: Forms
103 KAR 3:010. General Administrative Forms Manual. Kendy Parks, internal policy analyst II, represented the department.
In response to a question by Co-Chair Harris, Ms. Parks stated that new forms, which in some cases seemed duplicative, were necessary because two (2) new data systems required information to be submitted in a specific way.
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.
GENERAL GOVERNMENT CABINET: Board of Chiropractic Examiners: Board
201 KAR 21:090 & E. Prechiropractic education requirements. Dr. Karalee Oldenkamp, executive director, represented the board.
In response to a question by Co-Chair Harris, Dr. Oldenkamp stated that this administrative regulation mimicked the national organization's changes. This administrative regulation, before amendment, referred to specific coursework that conflicted with the national requirements. Exceptions were previously granted so that Kentucky students could take the test, but those exceptions did not mean the students were eligible for licensure in Kentucky. The authorizing statute required graduation from a college accredited by the Council on Chiropractic Education; therefore, the specific coursework requirements were redundant to the statute and in conflict with the national organization's requirement. The redundancy and conflicts were deleted.
Kentucky Community and Technical College System: Board of Emergency Medical Services: Board
202 KAR 7:701. Scope of practice matters. Anne – Tyler Morgan, counsel, and Charles O'Neal, deputy executive director, represented the board.
In response to questions by Co-Chair Harris, Mr. O'Neal stated that this administrative regulation was related to recent legislation pertaining to heroin abuse. If bystanders were authorized to administer Naloxone, EMS personnel should be trained and prepared to administer Naloxone as well. Ms. Morgan stated that, if new drugs with similar uses became available, this administrative regulation would be amended to include those specific drugs and to establish the specific training for administration of those drugs.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to add a citation; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 through 11 to comply with the drafting and formatting requirements of KRS Chapter 13A; and (3) to amend Section 11 to add a document to the list of items incorporated by reference. Without objection, and with agreement of the agency, the amendments were approved.
JUSTICE AND PUBLIC SAFETY CABINET: Department of Corrections: Office of the Secretary
501 KAR 6:020. Corrections policies and procedures. Amy Barker, assistant general counsel, represented the department.
A motion was made and seconded to approve the following amendments: (1) to amend CPP 3.14, 5.3, 9.4, 14.6, 17.1, and 17.2 to: (a) correct citations; and (b) comply with the drafting requirements of KRS Chapter 13A; (2) to amend CPP 10.2, 13.13, and 18.3 to: (a) add citations; (b) include additional definitions; and (c) clarify procedures; and (3) to amend Section 1 to update the edition dates for the revised policies. Without objection, and with agreement of the agency, the amendments were approved.
TRANSPORTATION CABINET: Department of Vehicle Regulation: Division of Motor Carriers: Motor Vehicle Tax
601 KAR 9:135. Appointed registration. Ann D'Angelo, assistant general counsel; Rick Taylor, deputy commissioner; and Jeff Tipton, administrative branch manager, represented the division.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 1, 3, 4 through 10, and 12 to comply with the drafting and formatting requirements of KRS Chapter 13A; and (2) to amend Section 12 to add the IRP Audit Assistance manual to the list of documents incorporated by reference. Without objection, and with agreement of the agency, the amendments were approved.
Kentucky Bicycle and Bikeways Commission: Office of the Secretary: Motorcycle and Bicycle Safety
601 KAR 14:020. Bicycle safety standards. Ann D'Angelo, assistant general counsel; Rick Taylor, deputy commissioner; and Bill Gorton, commission chair, represented the commission. Eric Wright, assistant Jessamine County attorney, appeared in opposition to this administrative regulation.
In response to a question by Co-Chair Harris, Mr. Wright stated that a provision in Section 7(1)(a) of this administrative regulation was in conflict with KRS 189.300. KRS 189.300 required slower vehicles to keep to the right. The conflict centered on the use of "highway" versus "roadway" in the statute and administrative regulation. Section 7(1)(a) of this administrative regulation stated that "Where bicycle travel on shoulders is permitted, it shall not be required." The commission, Mr. Wright, and the subcommittee agreed to an oral amendment to delete the sentence.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to add a citation; (2) to amend Sections 1, 5, and 7 to: (a) clarify requirements; and (b) comply with the drafting and formatting requirements of KRS Chapter 13A; and (3) to amend Section 7(1)(a) to delete the sentence "Where bicycle travel on shoulders is permitted, it shall not be required." Without objection, and with agreement of the agency, the amendments were approved.
EDUCATION AND WORKFORCE DEVELOPMENT CABINET: Department for Libraries and Archives: Archives and Records Management Division: Archives
725 KAR 1:061. Records retention schedules; authorized schedules. James Cundy, branch manager; Wayne Onkst, commissioner; and Barbara Teague, division director, represented the division.
In response to questions by Co-Chair Harris, Ms. Teague stated that LRC had a retention schedule, and this administrative regulation did apply to LRC as well as other agencies. The department welcomed input from state agencies on needed updates to the retention schedules.
PUBLIC PROTECTION CABINET: Department of Financial Institutions: Division of Non-Depository Institutions: Consumer Loans
808 KAR 6:015. Licensure application; annual report. Charles Vice, commissioner; John Allender, staff attorney; and Tammy Scruggs, division director, represented the division.
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 STATUTORY AUTHORITY paragraph and Section 4 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
808 KAR 6:105. Records required.
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 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.
Horse Racing Commission: Thoroughbred Racing
810 KAR 1:090. Kentucky thoroughbred development fund. Jamie Eads, division director; Marc Guilfoil, director of racing; and Katherine Paisley, deputy general counsel, represented the commission.
In response to questions by Co-Chair Harris, Ms. Paisley stated that racetracks received the financial benefit from excess thoroughbred development fund money, which allowed for funding of the purses and had a positive impact on various economies.
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 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: Supplemental Nutrition Assistance Program
921 KAR 3:045. Issuance procedures. Elizabeth Caywood, internal policy analyst IV, and Virginia Carrington, director, represented the cabinet.
In response to a question by Co-Chair Harris, Ms. Carrington stated that this administrative regulation would improve selection for the participants by distributing items more evenly over a longer time period. For instance, fruits and vegetables could be stocked throughout the month and participants shopping later in the month would have access to fresh produce.
In response to a question by Senator Kerr, Ms. Carrington stated that a recent letter from the USDA regarding Kentucky being out of compliance was regarding hearings related to potential fraud. That letter did not apply to this administrative regulation.
The following administrative regulations were deferred to the July 14, 2015, meeting of the Subcommittee:
KENTUCKY STATE BOARD OF ELECTIONS: Statewide Voter Registration
31 KAR 3:040. Electronic Voter Registration System. Maryellen Allen, executive director, and Lynn Zellen, general counsel, represented the board.
In response to questions by Senator Kerr, Ms. Zellen stated that these administrative regulations were authorized by the board's general authority to promulgate methods for voter registration. Statutory deadlines and eligibility requirements applied to electronic voter registration, and the system was commensurate with the system already in place for absentee registration for voters serving in the armed forces. Personal identifying information would be entered into the computer system, which may be optimized for use with mobile devices. The data would be forwarded to the applicable county clerk's office and compared with data already established. The voter signature would be accomplished by using the driver's license signature already on file with the Transportation Cabinet. Fraud risk was mitigated by existing perjury penalties, which were the same for paper and electronic voter registration.
In response to a question by Representative Butler, Ms. Allen stated that the personal data match requirements were the same for paper and electronic voter registration.
In response to a question by Co-Chair Harris, Ms. Zellen stated that the nonpartisan council supported, but did not propose, legislation during the 2015 Regular Session of the General Assembly to establish explicit authority for electronic voter registration. Twenty-seven (27) states already had a similar system, and there was insufficient time before the next presidential election to pursue the legislative process again. These administrative regulations would make voter registration easier for voters and less costly for the state. In response, Co-Chair Harris stated that, while the provisions of these administrative regulations may be necessary, implementing failed legislation via administrative regulations seemed problematic.
Senator Clark stated that the proposed legislation may have been developed independently of the board.
Ms. Zellen requested deferral of this administrative regulation and 31 KAR 4:120 to the July 14 meeting of the subcommittee. Without objection, and with agreement of the agency, these administrative regulations were deferred.
Forms and Procedures
31 KAR 4:120. Additional and emergency precinct officers.
GENERAL GOVERNMENT CABINET: Board of Hairdressers and Cosmetologists: Board
201 KAR 12:083. Educational requirements.
201 KAR 12:110. School license.
Board of Medical Imaging and Radiation Therapy: Board
201 KAR 46:070. Violations and enforcement.
JUSTICE AND PUBLIC SAFETY CABINET: Parole Board: Board
501 KAR 1:080. Parole Board policies and procedures. John Cummings, attorney, represented the board.
In response to a question by Representative Butler, Mr. Cummings requested that the board be allowed to defer this administrative regulation to the July 14 meeting of the subcommittee in order to address stakeholder concerns regarding risk and needs assessment provisions. Without objection, and with agreement of the subcommittee, this administrative regulation was deferred to the July 14 meeting of the subcommittee.
TRANSPORTATION CABINET: Department of Vehicle Regulation: Division of Motor Carriers: Motor Carriers
601 KAR 1:112 & E. Transportation network company.
CABINET FOR HEALTH AND FAMILY SERVICES: Department for Public Health: Division of Public Health Protection and Safety: Sanitation
902 KAR 10:022. Repeal of 902 KAR 10:020 and 10:021.
Health Services and Facilities
902 KAR 20:091. Facilities specifications, operation and services; community mental health center.
902 KAR 20:180. Psychiatric hospitals; operation and services.
902 KAR 20:320. Level I and Level II psychiatric residential treatment facility operation and services.
902 KAR 20:400. Limited services clinics.
Food and Cosmetics
902 KAR 45:011. Repeal of 902 KAR 45:010, 45:030, 45:040, 45:050, 45:060, and 45:130.
Department for Medicaid Services: Division of Community Alternatives: Medicaid Services
907 KAR 1:045 & E. Reimbursement provisions and requirements regarding community mental health center services.
Division of Policy and Operations: Medicaid Services
907 KAR 1:046. Community mental health center primary care services.
Psychiatric Residential Treatment Facility Services and Reimbursement
907 KAR 9:010. Reimbursement for non-outpatient Level I and Level II psychiatric residential treatment facility services.
The Subcommittee adjourned at 2:02 p.m. until July 14, 2015, at 1 p.m.