Call to Order and Roll Call
The November meeting of the Administrative Regulation Review Subcommittee was held on Monday, November 7, 2016, at 1:00 PM, in Room 149 of the Capitol Annex. Representative Mary Lou Marzian, 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 Julie Raque Adams, Perry B. Clark, and Alice Forgy Kerr; Representative Tommy Turner.
Guests: Sharron Burton, Department of Employee Insurance; Jeremy Branham, Jeanne Thompson, Gwen Pinson, Department of Revenue; Richard Carroll, Board of Accountancy, Cheryl Lalonde, Board of Pharmacy; Jonathan Buckley, Board of Licensure for Professional Engineers and Land Surveyors; Barry Dunn, Tommy Gift, Chad Miller, Dr. Tad Seifert, Boxing and Wrestling Commission; Amy Barker, Department of Corrections; Michael Kurt-singer, Ann Tyler Morgan, Fire Commission; Dave Mathies, Patrick Shirley, Education and Workforce Development Cabinet; Mike Pettit, Kristi Redmon, Michael Swansburg, Labor Cabinet; Stephen Humphress, Carol Beth Martin, Department of Alcoholic Beverage Control; Tim Cocanougher, Tim House, Steve Milby, David Moore, Housing, Buildings and Construction; Brian Thorpe, David Tretter, Amanda Valdiviero, Randy Vanhook, Kentucky Association of Master Contractors; Mary Sparrow, Child Support Enforcement Division.
LRC Staff: Sarah Amburgey, Emily Caudill, Betsy Cupp, Emily Harkenrider, Karen Howard, Carrie Klaber, and Donna Little.
The Administrative Regulation Review Subcommittee met on Monday, November 7, 2016, and submits this report:
Administrative Regulations Reviewed by the Subcommittee:
PERSONNEL CABINET: Office of the Secretary: Personnel Cabinet, Classified
101 KAR 2:210 & E. 2017 Plan year handbook for the public employee health insurance program. Sharron Burton, deputy executive director, Office of Legal Services, represented the office.
FINANCE AND ADMINISTRATION CABINET: Department of Revenue: Sales and Use Tax; Miscellaneous Retail Transactions
103 KAR 28:041. Repeal of 103 KAR 28:040. Jeremy Branham, tax policy analyst (sales tax); Jeanne Thompson, tax policy analyst (miscellaneous taxes); and Gwen Pinson, general counsel, represented the department.
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 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.
Selective Excise Tax; Cigarettes
103 KAR 41:021. Repeal of 103 KAR 41:020.
In response to a question by Co-Chair Harris, Ms. Thompson stated that, in the past, there was a tax-free cigarette program for hospitals. The only tax-free cigarette programs still in use were for the military, including veterans’ facilities.
A motion was made and seconded to approve the following amendments: to amend the RELATES TO and STATUTORY AUTHORITY para-graphs to correct citations. Without objection, and with agreement of the agency, the amendments were approved.
Selective Excise Tax; Motor Vehicle Usage
103 KAR 44:131. Repeal of 103 KAR 44:130.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to correct citations; and (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. Without objection, and with agreement of the agency, the amendments were approved.
Office of the Secretary: Purchasing
200 KAR 5:355. Public-private partnership delivery method. Gwen Pinson, general counsel, represented the office.
In response to questions by Co-Chair Harris, Ms. Pinson stated that the program’s authorizing statutes established a board to provide oversight for projects that met a certain cost threshold. Unsolicited proposals were first filed with the Department for Local Government to protect local governments and to assist local governments with making informed decisions. If the protections established by statute and by this administrative regulation were used in concert, local governments would have adequate oversight protection.
In response to questions by Senator Kerr, Ms. Pinson stated that the public-private partnership conference in Lexington resulted in plenty of interest from the public. The public was probably waiting on this administrative regulation to become effective to enquire further. The office was in the process of developing a Web site to inform and educate the public regarding public-private partnership opportunities.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to: (a) add a citation; and (b) make technical corrections; and (2) to amend Sections 2 and 4 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 Accountancy: Board
201 KAR 1:015. Per diem compensation. Richard Carroll, executive director, represented the board.
201 KAR 1:065. Individual license renewal and fee.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to correct a citation; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 and 3 to comply with the drafting and formatting requirements of KRS Chapter 13A; (3) to amend Section 1 to require payment of the fees charged by Kentucky.gov; (4) to delete Section 2 because the provisions were already established in 201 KAR 1:140, Section 2; (5) to amend Section 3 to correct the date for the late fee; and (6) to add a new Section 4 to clarify that a licensee who failed to complete the continuing professional education hours as required by 201 KAR 1:100 shall not use the online license renewal process, and shall instead comply with the license reinstatement requirements in 201 KAR 1:140, Section 3. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 1:100. Continuing professional education requirements.
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 Section 4 to clarify that medical and extreme hardship waivers shall be temporary; (3) to amend Section 7 to clarify that a licensee who misrepresented completion of hours at the time of renewal shall not be eligible for all of the types of waivers after being selected to participate in an audit; and (4) to amend Sections 4 through 7 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 Pharmacy: Board
201 KAR 2:045. Technicians. Cheryl LaLonde, general counsel, represented the board.
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 clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; and (3) to amend Section 2 for clarity. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 2:050. Licenses and permits; fees.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to correct citations; and (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Section 1 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 2:351. Repeal of 201 KAR 2:350.
Board of Licensure for Professional Engineers and Land Surveyors: Board
201 KAR 18:051. Repeal of 201 KAR 18:050. Jonathan Buckley, general counsel, represented the board.
PUBLIC PROTECTION CABINET: Boxing and Wrestling Commission: Commission
201 KAR 27:005. Definitions for 201 KAR Chapter 27. Barry Dunn, executive director; Tommy Gift, vice chair; Chad Miller, chair; and Dr. Tad Seifert, chair and member, Medical Advisory Panel, represented the commission.
In response to questions by Co-Chair Harris, Mr. Dunn stated that these administrative regulations consolidated and condensed requirements and forms incorporated by reference, while maintaining fighter health and safety as the highest priority. Medical components of these administrative regulations were revised in response to the 2001 tragic injuries to fighter Greg Page, whose injuries may have been prevented by appropriate medical provisions. The broadened inspector authority was necessary because the commission consisted of five (5) members but currently only four (4) members were appointed. It was not possible for a member of the commission to be at every event; therefore, inspectors needed to have authority to act immediately even if the commission representatives were not present at an event. There was a process to appeal to the full commission any decision of an inspector. Mr. Gift stated that the requirement that a licensee shall submit his or her license application to the commission no less than fifteen (15) calendar days prior to the applicant’s first event was necessary to ensure safety of the fighters. There was a pre-bout and post-bout physical, but it was somewhat cursory.
In response to a question by Co-Chair Marzian, Dr. Seifert stated that drug spot-testing could detect THC, narcotics, and opioids.
In response to a question by Senator Clark, Dr. Seifert stated that alcohol use was also prohibited for a contestant or exhibitor during a contest or show.
201 KAR 27:007. Powers and duties of inspector.
201 KAR 27:008. License requirements and fees.
A motion was made and seconded to approve the following subcommittee amendments: to amend Section 7 to clarify that bouts or rounds considered to determine if an amateur qualifies for professional status, shall be sanctioned bouts or sanctioned rounds. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 27:011. General requirements for boxing and kickboxing shows.
A motion was made and seconded to approve the following amendments: to amend Section 10 to make technical corrections. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 27:012. General requirements for wrestling shows.
201 KAR 27:016. General requirements for all mixed martial arts matches, shows, or exhibitions.
A motion was made and seconded to approve the following amendment: to amend Section 20 to make a technical correction. Without objection, and with agreement of the agency, the amendment was approved.
201 KAR 27:017. Requirements for elimination events.
A motion was made and seconded to approve the following amendment: to amend Section 7 to make a technical correction. Without objection, and with agreement of the agency, the amendment was approved.
201 KAR 27:020. Tickets.
201 KAR 27:021. Drug testing for boxing, kickboxing, mixed martial arts, and elimination event shows.
A motion was made and seconded to approve the following amendments: (1) to amend Section 3 to make a technical correction; (2) to amend the TITLE to add “wrestling”; and (3) to amend Section 7 to: (a) make technical corrections; and (b) include “cannabinoids” and “opioids” in the respective lists. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 27:036. Repeal of 201 KAR 27:035, 201 KAR 27:045, 201 KAR 27:050, 201 KAR 27:055, 201 KAR 27:060, 201 KAR 27:065, 201 KAR 27:070, 201 KAR 27:090, and 201 KAR 27:100.
201 KAR 27:040. Managers.
201 KAR 27:105. Disciplinary action.
A motion was made and seconded to approve the following amendment: to amend Section 2 to make a technical correction. Without objection, and with agreement of the agency, the amendment was 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.
In response to a question by Co-Chair Harris, Ms. Barker stated that the $7.50 fee for an inmate with a significant appearance change was to cover the cost to replace the identification locking device.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 and CPP 3.9, 6.2, 13.6, 13.13, 15.3, 15.6, and 25.6: (a) for clarity; (b) to correct citations; and (c) to make technical corrections; (2) to amend CPP 16.2, Inmate Correspondence, to clarify definitions and procedures used in prohibiting sexually explicit materials; and (3) to amend Section 1 to update the edition dates of the revised policies. Without objection, and with agreement of the agency, the amendments were approved.
501 KAR 6:999. Corrections secured policies and procedures.
This administrative regulation was reviewed an amended, without objection and with agreement of the agency, by the Subcommittee in closed session pursuant to KRS 61.810(1)(k), 61.815(2), and 197.025(6).
COMMUNITY AND TECHNICAL COLLEGE SYSTEM: Fire Commission: Commission on Fire Protection Personnel Standards and Education
739 KAR 2:040. Survivor benefits for death of a firefighter. Michael Kurtsinger, division director, and Anne – Tyler Morgan, attorney, represented the commission.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to correct a citation; (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 clarify definitions, including deleting requirements already established by statute; (4) to amend Sections 1, 2, 3, and 7 to comply with the drafting and formatting requirements of KRS Chapter 13A; (5) to delete Sections 5 and 6, which included provisions already established by statute; (6) to correct the REGULATORY IMPACT ANALYSIS AND TIER-ING STATEMENT and the FISCAL NOTE ON STATE OR LOCAL GOVERNMENT; and (7) to revise a form incorporated by reference commensurate with changes to this administrative regulation. Without objection, and with agreement of the agency, the amendments were approved.
EDUCATION AND WORKFORCE DEVELOPMENT CABINET: Department of Workforce Investment: Office of Assistive Technology: Kentucky Assistive Technology Loan Corporation
789 KAR 1:010. General eligibility criteria for assistive technology loans. Dave Mathies, branch manager, and Patrick Shirley, staff attorney, represented the office.
A motion was made and seconded to approve the following amendments: to amend Sections 6 and 7 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
LABOR CABINET: Department of Workforce Standards: Division of Safety and Health Compliance: Division of Occupational Safety and Health Education and Training: Occupational Safety and Health
803 KAR 2:412. Fall protection. Mike Pettit, occupational safety and health standards specialist; Kristi Redmon, occupational safety and health standards specialist; and Michael Swansburg, general counsel, represented the division.
In response to a question by Senator Kerr, Mr. Pettit stated that a slide guard was a device used by roofers to prevent sliding off of a roof. Standards had been updated to require fall protection, rather than a slide guard.
In response to a question by Co-Chair Harris, Mr. Pettit stated that fall protection consisted of either a harness or guardrails.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to delete two (2) superfluous definitions; and (2) to amend Sections 1 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.
PUBLIC PROTECTION CABINET: Department of Alcoholic Beverage Control: Malt Beverage Equipment, Supplies, and Service
804 KAR 11:010 & E. Equipment and supplies. Stephen Humphress, general counsel, and Carol Beth Martin, malt beverage administrator, represented the department.
Department of Housing, Buildings and Construction: Division of Plumbing: Plumbing
815 KAR 20:010. Definitions for 815 KAR Chapter 20. Tim Cocanougher, general counsel; Tim House, deputy commissioner; Steve Milby, commissioner; and David Moore, division director, represented the division.
In response to a question by Co-Chair Marzian, Mr. House stated that the previous version of 815 KAR 20:060 and 815 KAR 20:130 authorized PVC and ABS plumbing fixtures in buildings under seventy-five (75) feet. This version authorized PVC and ABS plumbing fixtures in buildings seventy-five (75) feet or taller, if firestopping was used and if the installation was inspected by an independent third party.
In response to questions by Co-Chair Harris, Mr. House stated that cast iron was also still authorized for use; the PVC and ABS plumbing fixtures were an optional alternative. If cast iron plumbing fixtures were used, firestopping consisted of fire caulk. If PVC or ABS plumbing fixtures were used, a fire-stopping collar that expands under heat was required. Only one (1) state and a few city ordinances prohibited PVC or ABS plumbing fixtures in similar buildings. The firestopping technology had been proven effective.
A motion was made and seconded to approve the following amendments: to amend Section 1 to make technical corrections. Without objection, and with agreement of the agency, the amendments were approved.
815 KAR 20:060. Quality and weight of materials.
815 KAR 20:130. House sewers and storm water piping; methods of installation.
CABINET FOR HEALTH AND FAMILY SERVICES: Department for Income Support: Child Support Enforcement: Family Support
921 KAR 1:410. Child support collection and enforcement. Mary Sparrow, internal policy analyst, represented the department.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to correct citations; and (2) to amend Section 4 to make a technical correction. Without objection, and with agreement of the agency, the amendments were approved.
The following administrative regulations were deferred to the December 13, 2016, meeting of the Subcommittee:
GENERAL GOVERNMENT CABINET: Board of Durable Medical Equipment Suppliers: Board
201 KAR 47:010 & E. Home medical equipment and supplier licenses, requirements, and fees.
201 KAR 47:020 & E. Inspections, discipline, reinstatement, and administrative appeals.
TOURISM, ARTS AND HERITAGE CABINET: Department of Fish and Wildlife Resources: Game
301 KAR 2:049. Small game and furbearer hunting and trapping on public areas.
301 KAR 2:251. Hunting and trapping seasons and limits for furbearers.
EDUCATION AND WORKFORCE DEVELOPMENT CABINET: Board of Education: Department of Education: School Administration and Finance
702 KAR 3:171. Repeal of 702 KAR 3:170.
Instructional Programs
705 KAR 4:231. General program standards for secondary career and technical education programs.
Instructional Programs
780 KAR 4:012. Repeal of 780 KAR 4:010.
The Subcommittee adjourned at 1:55 p.m. until December 13, 2016, at 1 p.m.