Kansas Register 2011 Complete

Kansas Register
Chris Biggs, Secretary of State

Vol. 30, No. 1 January 6, 2011 Pages 1-16
In this issue . . .
Page
Kansas Department of Commerce Notice to private activity bond applicants....................................................................................... 2 Kansas Commission on Veterans Affairs Notice of meeting .......................................................................................................................... Kansas Sentencing Commission Notice of 2011 meeting dates.......................................................................................................... City of Overland Park Notice of open house informational meetings.................................................................................. State Conservation Commission Notice of meeting .......................................................................................................................... Kansas Judicial Council Notice of meetings......................................................................................................................... City of Ellsworth Notice of intent to seek private placement of general obligation bonds............................................. Secretary of State Code mortgage rate for January ..................................................................................................... Usury rate for January ................................................................................................................... Executive appointments ................................................................................................................. Pooled Money Investment Board Notice of investment rates.............................................................................................................. Department of Health and Environment Notice concerning water pollution control permits/applications ....................................................... Kansas Board of Regents Universities Notice to bidders ........................................................................................................................... Department of AdministrationDivision of Purchases Notice to bidders for state purchases .............................................................................................. State Board of Pharmacy Notice of hearing on proposed administrative regulations ............................................................... Notice of hearing on proposed administrative regulations (revised) ................................................. 3 3 3 3 3 3 4 4 4 4 5 6 6 6 7
Wildlife and Parks Commission Notice of hearing on proposed administrative regulations ............................................................... 8 Permanent Administrative Regulations Kansas State Treasurer................................................................................................................... 9 Index to administrative regulations ................................................................................................... 9
2
State of Kansas
Kansas Register
Department of Commerce
Notice
$1,000 for allocation requests from $10,000,001 and above (2) Issuance FeeAn issuance fee for allocation amounts utilized, other than Qualified Mortgage bonds issued, shall be due and payable to the Kansas Department of Commerce at bond closing. Issuance fees shall be determined as follows:
Allocation Used Fee
Notice to Private Activity Bond Applicants Applications for allocation of 2011 Private Activity Bond (PAB) authority are now being accepted for qualified uses, as defined by the Internal Revenue Code of 1986, and amendments thereto. The state of Kansas is projected to receive $277,820,000 of federal authority for the issuance of PABs in calendar year 2011. Historically, the primary uses of this federal authority have included qualified small issue bonds used for construction and equipping of manufacturing facilities and beginning farmer programs; exempt facility bonds used by for-profit entities providing a public benefit, i.e., certain waste treatment facilities, qualified residential rental facilities, etc.; and qualified mortgage bonds issued to benefit first-time homebuyers. Allocations awarded by the Secretary of Commerce are subject to the provisions of K.S.A. 74-5060 et seq. and the limitations of state volume cap. Fees associated with PAB application and issuance are as follows: (1) Application feeA nonrefundable fee must accompany the application before the request can be processed. The application fee is determined as follows: $250 for allocation requests up to $5,000,000 $500 for allocation requests from $5,000,001 to $10,000,000
To $2,000,000 5 basis points (.05%) $2,000,001 and above 10 basis points (.10%) Qualified Mortgage Bond programs will be assessed a fee, upon issuance of each mortgage loan assisted through the program, equal to .5% of the PAB allocation used. Issuance fees shall be remitted within 30 days of bond closing. Checks for both the application and issuance fees for nonhousing issues should be made payable to the Kansas Department of Commerce Bond Fee Fund. Checks for the issuance fees for housing activities should be made out to the State Housing Trust Fund. For more information or to obtain application materials, contact Ed Serrano or Steve Kelly, Kansas Department of Commerce, 1000 S.W. Jackson, Suite 100, Topeka, 66612-1354, (785) 296-5298 or TTY (785) 296-3487. William R. Thornton Secretary of Commerce
Doc. No. 039037
The Kansas Register (USPS 0662-190) is an official publication of the State of Kansas, published by authority of K.S.A. 75-430. The Kansas Register is published weekly and a cumulative index is published annually by the Kansas Secretary of State. One-year subscriptions are $80 (Kansas residents must include applicable state and local sales tax). Single copies, if available, may be purchased for $2. Periodicals postage paid at Topeka, Kansas. POSTMASTER: Send change of address form to Kansas Register, Secretary of State, 1st Floor, Memorial Hall, 120 S.W. 10th Ave., Topeka, KS 66612-1594. Kansas Secretary of State 2011. Reproduction of the publication in its entirety or for commercial purposes is prohibited without prior permission. Official enactments of the Kansas Legislature and proposed and adopted administrative regulations of state agencies may be reproduced in any form without permission. Hard copy subscription information and current and back issues of the Kansas Register (PDF format) can be found at the following link: http://www.kssos.org/pubs/pubs_kansas_register.asp
Published by Chris Biggs Secretary of State 1st Floor, Memorial Hall 120 S.W. 10th Ave. Topeka, KS 66612-1594 (785) 296-4564 www.kssos.org
Register Office: 1st Floor, Memorial Hall (785) 296-3489 Fax (785) 368-8024 kansasregister@kssos.org
Kansas Secretary of State 2011
Vol. 30, No. 1, January 6, 2011
Meetings/Notice
State of Kansas
Kansas Register
State of Kansas
Commission on Veterans Affairs

Notice of Meeting The Kansas Commission on Veterans Affairs will meet at 10 a.m. Wednesday, January 19, in the Senate Room of the Jayhawk Tower, 700 S.W. Jackson, Topeka. The public is invited to attend. For more information, call (785) 2963976. Jack Fowler Executive Director
Doc. No. 039034
State Conservation Commission

Notice of Meeting The State Conservation Commission will meet at 1 p.m. Tuesday, January 18, in the commissions conference room, 109 S.W. 9th, Suite 500, Topeka. To request a copy of the agenda, contact Cathy Thompson at the address above or (785) 296-3600. If special accommodations are needed, please contact the agency at least three days in advance of meeting date. Greg A. Foley Executive Director
Doc. No. 039038
State of Kansas
Kansas Sentencing Commission

Notice of 2011 Meeting Dates The Kansas Sentencing Commission (KSC) has scheduled meetings in 2011 on the following dates: January 28, February 25, March 18, April 28, May 26, June 23, July 28, August 25, September 22, October 27, November 17 and December 15. Meetings will be held from 1:30 to approximately 3:30 p.m. in the Senate Room of the Jayhawk Tower, 700 S.W. Jackson, Topeka. Any individual with a disability may request accommodation to attend a KSC meeting. Requests for accommodation should be made at least five working days in advance of the meeting by contacting Brenda Harmon at (785) 296-0923. Helen Pedigo Executive Director
Doc. No. 039033
State of Kansas
Kansas Judicial Council

Notice of Meetings The Kansas Judicial Council, its Advisory Committees and the Commission on Judicial Performance will meet according to the following schedule at the Kansas Judicial Center, 301 S.W. 10th Ave., Topeka, unless otherwise designated:
Date Jan. 19 Jan. 21 Jan. 21 Feb. 11 Feb. 18 Feb. 18 Feb. 18 Committee Supreme Court Rules Lien Law Pattern Instructions for Kansas-Criminal Commission on Judicial Performance Lien Law Pattern Instructions for Kansas-Criminal Probate Law Time 9:30 a.m. 9:30 a.m. 9:30 a.m. Location Room 269 Suite 140-West COA Conference Room 9:30 a.m. Suite 140-West
9:30 a.m. Suite 140-East 9:30 a.m. Fatzer Courtroom 9:30 a.m. Suite 140-West
(Published in the Kansas Register January 6, 2011.)
City of Overland Park, Kansas

Notice of Open House Informational Meetings The public is invited to attend two open house informational meetings regarding enhanced transit service in Johnson County along the Metcalf Avenue/Shawnee Mission Parkway bus corridor. These identical meetings are structured so the public can come and go as their schedule allows and participants can learn about plans to improve transit services for Metcalf Avenue and Shawnee Mission Parkway. The first meeting will be held from 6 to 8 p.m. Wednesday, January 12, the Matt Ross Community Center, 8101 Marty, Overland Park. The second meeting will be held from 6 to 8 p.m. Thursday, January 13, at the Sylvester Powell Community Center, 6200 Martway St., Mission. For more information, contact Brian Scovill, senior civil engineer, city of Overland Park, at (913) 895-6052 or Brian.Scovill@opkansas.org. Nancy Sappington Contract Specialist Public Works Department City of Overland Park, Kansas
Doc. No. 039032 Doc. No. 039042 Doc. No. 039029
Hon. Lawton R. Nuss Chairman
City of Ellsworth, Kansas

Notice of Intent to Seek Private Placement General Obligation Bonds, Series 2011-A and General Obligation Refunding Bonds, Series 2011-B Notice is hereby given that the city of Ellsworth, Kansas (the issuer), proposes to seek a private placement of the above-referenced bonds (jointly, the bonds). The maximum aggregate principal amount of the bonds shall not exceed $1,900,000. The proposed sale of the bonds is in all respects subject to approval of a bond purchase agreement between the issuer and the purchaser of the bonds and the passage of an ordinance and adoption of a resolution by the governing body of the issuer authorizing the issuance of the bonds and the execution of various documents necessary to deliver the bonds. Dated December 13, 2010. Patti Booher City Clerk
Vol. 30, No. 1, January 6, 2011
4
State of Kansas
Kansas Register
Secretary of State
Code Mortgage Rate for January
Rates/Executive Appointments
Sharon L. Stuewe, 30144 Keene Road, Maple Hill, 66507. Term expires June 30, 2014. Reappointed. Kansas Childrens Cabinet William C. Nelson, 6521 Wenonga Terrace, Shawnee Mission, 66208. Term expires June 30, 2013. Reappointed. Fire Service Training Commission John Ralston, 1404 N. Purdue, Liberal, 67901. Term expires July 1, 2014. Succeeds James Behan. Kansas Geographic Information Systems Policy Board Bettejane M. Wooding, 1312 Cherry Place, Apt. A., Great Bend, 67530. Term expires Sept. 30, 2012. Reappointment. Kansas Humanities Council Susan L. Sutton, 1408 E. 11th St., Concordia, 66901. Term expires June 30, 2011. Succeeds Steven Kite. Kansas Statewide Independent Living Council Dr. Robert C. Harder, 1420 S.W. Ward Parkway, Topeka, 66604. Term expires Aug. 17, 2011. Succeeds Barbara Holsomback. Barney Mayse, 11159 Eby, Overland Park, 66210. Term expires Aug. 17, 2011. Succeeds Tyler McCoy-Harms. Greg Thyfault, 1311 E. 33rd St., Apt. 112B, Hays, 67601. Term expires Aug. 17, 2012. Succeeds Don Dew. Kansas Quality Care Improvement Panel (Established pursuant to 2010 Session Laws of Kansas, Chapter 159.) David M. Halferty, 712 N. Eagle Pass Drive, Lawrence, 66049. Term expires June 30, 2014. Laurie A. Pigg, 2244 S.W. Fairlawn, Topeka, 66614. Term expires June 30, 2014. Margaret L. Smith, 12011 W. 72nd Terrace, Shawnee, 66216. Term expires June 30, 2014.
Pursuant to the provisions of K.S.A. 16a-1-301, Section 11, the code mortgage rate during the period of January 1, 2011 through January 31, 2011, is 12 percent. Chris Biggs Secretary of State
Doc. No. 039036
State of Kansas
Secretary of State
Usury Rate for January Pursuant to the provisions of K.S.A. 16-207, the maximum effective rate of interest per annum for notes secured by all real estate mortgages and contracts for deed for real estate (except where the note or contract for deed permits adjustment of the interest rate, the term of the loan or the amortization schedule) executed during the period of January 1, 2011 through January 31, 2011, is 6.11 percent. Chris Biggs Secretary of State
Doc. No. 039035
State of Kansas
Secretary of State
Executive Appointments Executive appointments made by the Governor, and in some cases by other state officials, are filed with the Secretary of States office. A complete listing of Kansas state agencies, boards and commissions, and county officials are included in the Kansas Directory, which is available on the Secretary of States Web site at www.kssos.org. The following appointments were recently filed with the Secretary of State:
State Representative, 121st District Rick Billinger, 310 Acacia Drive, Goodland, 67738. Succeeds Jim Morrison, deceased. State Senator, 15th District Jeff King, 1212 N. 2nd St., Independence, 67301. Succeeds Derek Schmidt, resigned. State Senator, 23rd District Robert Olson, 19050 W. 161st St., Olathe, 66061. Succeeds Karin Brownlee, resigned. Butler County Attorney Darrin C. Devinney, 2942 W. 3rd, El Dorado, 67042. Succeeds Jan Satterfield, resigned. Behavioral Sciences Regulatory Board Dr. Grant Edwards, 8132 Overland Park Drive, Overland Park, 66204. Term expires June 30, 2014. Succeeds Dr. Ronald McNish. Dr. Terry Phannenstiel, 116 Jakobs Court, Manhattan, 66503. Term expires June 30, 2014. Succeeds Wesley Jones.
Chris Biggs Secretary of State

Doc. No. 039039
State of Kansas
Pooled Money Investment Board

Notice of Investment Rates The following rates are published in accordance with K.S.A. 75-4210. These rates and their uses are defined in K.S.A. 2009 Supp. 12-1675(b)(c)(d) and K.S.A. 2009 Supp. 12-1675a(g). Effective 1-3-11 through 1-9-11 Term Rate 1-89 days 0.16% 3 months 0.13% 6 months 0.19% 1 year 0.34% 18 months 0.42% 2 years 0.59% Elizabeth B.A. Miller Director of Investments
Doc. No. 039026
Vol. 30, No. 1, January 6, 2011
Notice
State of Kansas
Kansas Register
Department of Health and Environment
pounds. There is no change in the permitted animal units from the previous permit. Name and Address Legal Receiving of Applicant Description Water Forsberg Brothers SW/4 of Section 20, Smoky Hill River Kurtiss Forsberg T15S, R02W, Saline Basin 2444 East Mentor Road County Assaria, KS 67416 Kansas Permit No. A-SHSA-M001 This permit is being reissued for an existing facility with a maximum capacity of 125 head (175 animal units) of mature dairy cattle. There is no change in the permitted animal units from the previous permit.
Notice Concerning Kansas/Federal Water Pollution Control Permits and Applications In accordance with Kansas Administrative Regulations 28-16-57 through 63, 28-18-1 through 15, 28-18a-1 through 32, 28-16-150 through 154, 28-46-7, and the authority vested with the state by the administrator of the U.S. Environmental Protection Agency, various draft water pollution control documents (permits, notices to revoke and reissue, notices to terminate) have been prepared and/or permit applications have been received for discharges to waters of the United States and the state of Kansas for the class of discharges described below. The proposed actions concerning the draft documents are based on staff review, applying the appropriate standards, regulations and effluent limitations of the state of Kansas and the Environmental Protection Agency. The final action will result in a Federal National Pollutant Discharge Elimination System Authorization and/or a Kansas Water Pollution Control permit being issued, subject to certain conditions, revocation and reissuance of the designated permit or termination of the designated permit. Public Notice No. KS-AG-11-001 Application(s) for New or Expansion of Existing Swine Facilities
Name and Address of Applicant Rod William Noffke 22722 E. 800 Road Pleasanton, KS 66075 Owner of Property Where Facility Will Be Located Skyview Farm Creamery 22722 E. 800 Road Pleasanton, KS 66075
Legal Description Receiving Water SE/4 of Section 08, Marais des Cygnes River Basin T22S, R25E, Linn County Kansas Permit No. A-MCLN-M008 This is an application for a permit for a new dairy and a new (home based) cheese manufacturing plant. The facility also will have 8 head of swine weighing less than 55 pounds (0.8 animal units) and 8 head of swine weighing more than 55 pounds (3.2 animal units), for a total of 4 animal units of swine. The facility also will have 30 head (42 animal units) of mature dairy cattle, 5 head (2.5 animal units) of immature cattle and 40 head (4 animal units) of milk goats. A new or modified permit will not be issued without additional public notice.
Public Notice No. KS-AG-11-002/003 Pending Permits for Confined Feeding Facilities
Name and Address Legal Receiving of Applicant Description Water Dunbar Feeders SW/4 of Section 27, Marais des Ronald Dunbar T18S, R20E, Cygnes River 3420 Douglas Road Franklin County Basin Richmond, KS 66080 Kansas Permit No. A-MCFR-B004 This permit is being reissued for an existing facility with a maximum capacity of 450 head (450 animal units) of beef cattle more than 700
Persons wishing to comment on the draft documents and/or permit applications must submit their comments in writing to the Kansas Department of Health and Environment if they wish to have the comments considered in the decision-making process. Comments should be submitted to the attention of the Livestock Waste Management Section for agricultural-related draft documents or applications, or to the Technical Services Section for all other permits, at the Kansas Department of Health and Environment, Division of Environment, Bureau of Water, 1000 S.W. Jackson, Suite 420, Topeka, 66612-1367. All comments regarding the draft documents or application notices received on or before February 5 will be considered in the formulation of the final determinations regarding this public notice. Please refer to the appropriate Kansas document number (KS-AG-11-001/003) and name of the applicant/permittee when preparing comments. After review of any comments received during the public notice period, the Secretary of Health and Environment will issue a determination regarding final agency action on each draft document/application. If response to any draft document/application indicates significant public interest, a public hearing may be held in conformance with K.A.R. 28-16-61 (28-46-21 for UIC). All draft documents/applications and the supporting information including any comments received are on file and may be inspected at the offices of the Kansas Department of Health and Environment, Bureau of Water. These documents are available upon request at the copying cost assessed by KDHE. Application information and components of plans and specifications for all new and expanding swine facilities are available on the Internet at http://www.kdheks.gov/feedlots. Division of Environment offices are open from 8 a.m. to 5 p.m. Monday through Friday, excluding holidays. John W. Mitchell Acting Secretary of Health and Environment
Doc. No. 039028
Vol. 30, No. 1, January 6, 2011
6
State of Kansas
Kansas Register
State of Kansas
Notices/Hearing
Board of Regents Universities

Notice to Bidders The universities of the Kansas Board of Regents encourage interested vendors to visit the various universities purchasing offices Web sites for a listing of all transactions, including construction projects, for which the universities purchasing offices, or one of the consortia commonly utilized by the universities, are seeking information, competitive bids or proposals. The referenced construction projects may include project delivery construction procurement act projects pursuant to K.S.A. 767,125 et seq.
Emporia State University Bid postings: www.emporia.edu/ busaff/purchasing/vendor-procedures.htm. Additional contact info: phone: 620-341-5145, fax: 620-341-5073, e-mail: thouse@ emporia.edu. Mailing address: Emporia State University, Controllers Office/Purchasing, Campus Box 4021, 1200 Commercial, Emporia, KS 66801. Fort Hays State University Bid postings: www.fhsu.edu/bids. Additional contact info: phone: 785-628-4251, fax: 785-628-4046, e-mail: purchasing@fhsu.edu. Mailing address: Fort Hays State Purchasing Office, 601 Park St., 318 Sheridan Hall, Hays, KS 67601. Kansas State University Bid postings: www.k-state.edu/purchasing/rfq. Additional contact info: phone: 785-532-6214, fax: 785-532-5577, e-mail: kspurch@k-state.edu. Mailing address: Controllers Office/Purchasing, 21 Anderson Hall, Kansas State University, Manhattan, KS 66506. Pittsburg State University Bid postings: www.pittstate.edu/ office/purchasing. Additional contact info: phone: 620-235-4169, fax: 620-235-4166, e-mail: jensch@pittstate.edu. Mailing address: Pittsburg State University, Purchasing Office, 1701 S. Broadway, Pittsburg, KS 66762-7549. University of Kansas Electronic bid postings: http:// www.purchasing.ku.edu/. Paper bid postings and mailing address: KU Purchasing Services, 1246 W. Campus Road, Room 30, Lawrence, KS 66045. Additional contact info: phone: 785864-5800, fax: 785-864-3454, e-mail: purchasing@ku.edu. University of Kansas Medical Center Bid postings: http:// www2.kumc.edu/finance/purchasing/bids.html. Additional contact info: phone: 913/588-1100, fax: 913/588-1102. Mailing address: University of Kansas Medical Center; Purchasing Department, Mail Stop 2034; 3901 Rainbow Blvd., Kansas City, KS 66160 Wichita State University Bid postings: www.wichita.edu/purchasing. Additional contact info: phone: 316-978-3030, fax: 316978-3528. Mailing address: Wichita State University, Office of Purchasing, 1845 Fairmount Ave., Campus Box 12, Wichita, KS 67260-0012.
Department of Administration Division of Purchases

Notice to Bidders Sealed bids for items listed will be received by the Director of Purchases until 2 p.m. on the date indicated. For more information, call (785) 296-2376:
1/20/2011 RFP 001-11 Furnishings Bid Package B Emporia State University, Memorial Union Remodel and Addition, Emporia Universal Rutile Titanium Dioxide Repair Elevator PPS Information System Animal Cages Preferred Laboratory Services Benefit Transportation Applications Support Group 10
1/18/2011 1/18/2011 1/18/2011 1/20/2011 2/01/2011
EVT0000339 EVT0000347 EVT0000354 EVT0000336 EVT0000348
2/09/2011 EVT10713
The above-referenced bid documents can be downloaded at the following Web site: http://www.da.ks.gov/purch/ Additional files may be located at the following Web site (please monitor this Web site on a regular basis for any changes/addenda): http://da.state.ks.us/purch/adds/default.htm Contractors wishing to bid on the projects below must be prequalified. Information regarding prequalification, projects and bid documents can be obtained by calling (785) 296-8899 or by visiting www.da.ks.gov/fp/.
1/25/2011 A-011544 Exterior Renovation Weede Physical Education Bldg., Pittsburg State University, Pittsburg 2/02/2011 A-010808(B) Renovation Tanner Hall , Pittsburg State University, Pittsburg
Chris Howe Director of Purchases

Doc. No. 039041
State of Kansas
Board of Pharmacy
Notice of Hearing on Proposed Administrative Regulations A public hearing will be conducted at 9 a.m. Thursday, March 10, at the University of Kansas School of Pharmacy, 2010 Becker Drive, Lawrence, to consider the proposed adoption of K.A.R. 68-17-1 through 68-17-9 by the Kansas Pharmacy Board. This 60-day notice of the public hearing shall constitute a public comment period for the purpose of receiving written public comments on the proposed adoption of K.A.R. 68-17-1 through 68-17-9. All parties may submit written comments prior to the hearing to Debra Billingsley, Executive Secretary, Kansas Pharmacy Board, 800 S.W. Jackson, Suite 1414, Topeka, 66612, or to pharmacy@ pharmacy.ks.gov. All interested parties will be given a
Barry Swanson Chair of Regents Purchasing Group Chief Procurement Officer University of Kansas
Doc. No. 038494
Vol. 30, No. 1, January 6, 2011
Hearings
Kansas Register
reasonable opportunity to present their views orally on the regulations during the hearing. In order to give all parties an opportunity to present their views, it may be necessary to request each participant to limit any oral presentation to five minutes. Any individual with a disability may request accommodation in order to participate in the public hearing and may request the regulations and economic impact statements in an accessible format. Requests for accommodation should be made at least five working days in advance of the hearing by contacting the Kansas Pharmacy Board at the address above, (785) 296-4056. Handicapped parking is located in the parking lot at the University of Kansas School of Pharmacy at 2010 Becker Drive, Lawrence. K.A.R. 68-17-1 through 68-17-9 is a set of new regulations to address telepharmacy branch pharmacies. The following is a summary of the new regulations: K.A.R. 68-17-1. Definitions. This regulation defines terms used in the telepharmacy branch pharmacy regulations. K.A.R. 68-17-2. Status of telepharmacy branch pharmacy. This regulation addresses the status of the telepharmacy branch pharmacy and limits the number of such branch pharmacies a retail pharmacy may have. K.A.R. 68-17-3. Requirements for approval of location. This regulation establishes the requirement that each location of a telepharmacy branch pharmacy must be approved by the Pharmacy Board and establishes criteria for approval. K.A.R. 68-17-4. Application for approval of a telepharmacy branch pharmacy. This regulation establishes the requirement of an application for a registration of a proposed telepharmacy branch pharmacy and establishes the required content of the application. K.A.R. 68-17-5. Equipment requirements. This regulation establishes requirements for equipment in a telepharmacy branch pharmacy and its use. K.A.R. 68-17-6. Minimum operating requirements. This regulation establishes operating requirements that must be met when a telepharmacy branch pharmacy is open for operations and dispensing drugs. K.A.R. 68-17-7. Minimum security requirements. This regulation establishes minimum security requirements for the physical location of the telepharmacy branch pharmacy. K.A.R. 68-17-8. Renewal registration. This regulation establishes the requirement that the registration of a telepharmacy branch pharmacy be renewed with the renewal application of the parent pharmacy by application to the Pharmacy Board. K.A.R. 68-17-9. Fees. This regulation establishes the fees for the registration and renewal of a registration for a telepharmacy branch pharmacy. Copies of the regulations and the economic impact statements may be obtained from the Kansas Pharmacy Board at the contact information above or from the boards Web site at http://www.accesskansas.org/pharmacy/leg.html. Debra Billingsley Executive Secretary
Doc. No. 039030
(Editors Note: The following notice of hearing, first published in the December 9, 2010 Kansas Register, is being republished to reflect a change in the office address of the Kansas Pharmacy Board.) State of Kansas
Board of Pharmacy
Notice of Hearing on Proposed Administrative Regulations A public hearing will be conducted at 9 a.m. Thursday, March 10, at the University of Kansas School of Pharmacy, 2010 Becker Drive, Lawrence, to consider the proposed amendment of K.A.R. 68-2-22 and K.A.R. 68-20-10a of the Kansas Pharmacy Board. This 60-day notice of the public hearing shall constitute a public comment period for the purpose of receiving written public comments on the proposed amendment of K.A.R. 68-2-22 and K.A.R. 68-20-10a. All parties may submit written comments prior to the hearing to Debra Billingsley, Executive Secretary, Kansas Pharmacy Board, 800 S.W. Jackson, Suite 1414, Topeka, 66612, or to pharmacy@pharmacy.ks.gov. All interested parties will be given a reasonable opportunity to present their views orally on the regulations during the hearing. In order to give all parties an opportunity to present their views, it may be necessary to request each participant to limit any oral presentation to five minutes. Any individual with a disability may request accommodation in order to participate in the public hearing and may request the regulations and economic impact statements in an accessible format. Requests for accommodation should be made at least five working days in advance of the hearing by contacting the Kansas Pharmacy Board at the address above, (785) 296-4056. Handicapped parking is located in the parking lot at the University of Kansas School of Pharmacy at 2010 Becker Drive, Lawrence. A summary of the proposed amendments to the regulations follows: K.A.R. 68-2-22. Electronic transmission of a prescription. This amendment establishes that an electronic prescription created and transmitted in conformance with 21 CFR Part 1311 will be considered an original signed prescription even if it is transmitted electronically. K.A.R. 68-20-10a. Electronic transmission of a controlled substance prescription. This amendment establishes that an electronic prescription created and transmitted in conformance with 21 CFR Part 1311 will be considered an original signed prescription even if it is transmitted electronically. Copies of the regulations and the economic impact statements may be obtained from the Kansas Pharmacy Board at the contact information above or from the boards Web site at http://www.accesskansas.org/pharmacy/leg.html. Debra Billingsley Executive Secretary
Doc. No. 039031
Vol. 30, No. 1, January 6, 2011
8
State of Kansas
Kansas Register
Wildlife and Parks Commission
Notice of Hearing on Proposed Administrative Regulations
Hearing
A public hearing will be conducted by the Wildlife and Parks Commission at 7 p.m. Thursday, March 10, at the KDWP Region 2 Office, 300 S.W. Wanamaker Road, Topeka, to consider the approval and adoption of proposed regulations of the Kansas Department of Wildlife and Parks. A general discussion and workshop meeting on business of the Wildlife and Parks Commission will begin at 1:30 p.m. March 10 at the location listed above. The meeting will recess at 5:30 p.m., then resume at 7 p.m. at the same location for more business and the regulatory hearing. There will be public comment periods at the beginning of the afternoon and evening meetings for any issues not on the agenda, and additional comment periods will be available during the meeting on agenda items. Old and new business also may be discussed at this time. If necessary to complete business matters, the commission will reconvene at 9 a.m. March 11 at the same location. Any individual with a disability may request accommodation in order to participate in the public meeting and may request the meeting materials in an accessible format. Requests for accommodation should be made at least five working days in advance of the meeting by contacting Sheila Kemmis, commission secretary, at (620) 672-5911. Persons with a hearing impairment may call the Kansas Commission for the Deaf and Hard of Hearing at (800) 432-0698 to request special accommodations. This 60-day notice period prior to the hearing constitutes a public comment period for the purpose of receiving written public comments on the proposed administrative regulations. All interested parties may submit written comments prior to the hearing to the chairman of the commission, Kansas Department of Wildlife and Parks, 1020 S. Kansas Ave., Suite 200, Topeka, 66612, or to sheilak@wp.state.ks.us if electronically. All interested parties will be given a reasonable opportunity at the hearing to express their views orally in regard to the adoption of the proposed regulations. During the hearing, all written and oral comments submitted by interested parties will be considered by the commission as a basis for approving, amending and approving, or rejecting the proposed regulations. The regulations that will be heard during the regulatory hearing portion of the meeting are as follows: K.A.R. 115-2-2. This permanent regulation establishes fees and provisions for park motor vehicle permits. The proposed amendment would change the expiration of daily motor vehicle permits from noon to 2 p.m. Economic Impact Summary: The proposed amendments are not anticipated to have any appreciable negative economic impact on the department, other agencies, small businesses or the public. K.A.R. 115-2-3. This permanent regulation establishes camping, utility and other fees for state parks. The proposed amendments would change the expiration of overnight camping permits from noon to 2 p.m.
Economic Impact Summary: The proposed amendments are not anticipated to have any appreciable negative economic impact on the department, other agencies, small businesses or the public. K.A.R. 115-4-6b. This new permanent regulation establishes elk management units. The proposed regulation would establish three elk units to better manage the elk population in Kansas. Economic Impact Summary: The proposed amendments are not anticipated to have any appreciable negative economic impact on the department, other agencies, small businesses or the public. K.A.R. 115-4-11. This permanent regulation establishes big game and wild turkey permit applications. The proposed amendments would take provisions from the deer, elk, antelope and turkey regulations related to application periods and place them into one central location. Economic Impact Summary: The proposed amendments are not anticipated to have any appreciable negative economic impact on the department, other agencies, small businesses or the public. K.A.R. 115-16-5. This permanent regulation establishes the operational requirements under wildlife control permits. The proposed amendments would allow the use of sound suppression devices in wildlife control. Economic Impact Summary: The proposed amendments are not anticipated to have any appreciable negative economic impact on the department, other agencies, small businesses or the public. K.A.R. 115-25-5. This exempt regulation establishes the fall turkey season, bag limit and permits. The proposed version would remove provisions related to applications to be placed in K.A.R. 115-4-11. Economic Impact Summary: The proposed amendments are not anticipated to have any appreciable negative economic impact on the department, other agencies, small businesses or the public. K.A.R. 115-25-6. This exempt regulation establishes the spring turkey season, bag limit and permits. The proposed version would remove provisions related to applications to be placed in K.A.R. 115-4-11. Economic Impact Summary: The proposed amendments are not anticipated to have any appreciable negative economic impact on the department, other agencies, small businesses or the public. Copies of the complete text of the regulations and their respective economic impact statement may be obtained by writing the chairman of the commission at the address above, electronically on the departments Web site at www.kdwp.state.ks.us, or by calling (785) 296-2281. Kelly Johnston Chairman
Doc. No. 039027
Vol. 30, No. 1, January 6, 2011
Regulations/Index
State of Kansas
Kansas Register
Kansas State Treasurer

Permanent Administrative Regulations Article 3.LINKED DEPOSIT LOAN PROGRAMS 3-3-2. Kansas housing loans. (a) The proceeds of all housing loans authorized by K.S.A. 75-4276 et seq., and amendments thereto, may be used for building newly constructed residential structures or rehabilitating existing residential structures. (1) A residential structure shall mean an improvement to real property that is intended to be used or occupied as a single-family residential dwelling or a multifamily residential dwelling of four attached living units or less. (2) A newly constructed residential structure shall mean a residential structure that has never been occupied for any purpose and initially sells or is appraised by an independent certified real estate appraiser or an independent licensed real estate appraiser for less than $287,434 for a single-family residence, $367,975 for a twofamily residence, $444,751 for a three-family residence,
INDEX TO ADMINISTRATIVE REGULATIONS This index lists in numerical order the new, amended and revoked administrative regulations and the volume and page number of the Kansas Register issue in which more information can be found. Temporary regulations are designated with a (T) in the Action column. This cumulative index supplements the 2006 Volumes and the 2008 Supplement of the Kansas Administrative Regulations.
AGENCY 1: DEPARTMENT OF ADMINISTRATION Reg. No. 1-2-64 1-2-65 1-7-3 1-7-4 1-7-6 1-7-7 1-7-10 1-7-11 1-7-12 1-14-8 1-16-8 1-16-15 1-16-18 1-16-18a 1-16-20 Reg. No. 3-3-1 3-3-1 3-3-2 3-3-2 3-4-1 3-4-2 3-4-4 3-4-5 3-4-6 3-4-7 Action New New Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Action Amended (T) Amended New Amended (T) Amended Amended Amended Amended Revoked Amended Register V. 28, p. 1338 V. 28, p. 1338 V. 28, p. 1338 V. 28, p. 1338 V. 28, p. 1339 V. 28, p. 1339 V. 28, p. 1339 V. 28, p. 1340 V. 28, p. 1340 V. 28, p. 1341 V. 29, p. 676 V. 29, p. 677 V. 29, p. 677 V. 29, p. 678 V. 29, p. 680 Register V. 27, p. 1091 V. 27, p. 1517 V. 27, p. 1517 V. 29, p. 702 V. 28, p. 1716 V. 28, p. 1716 V. 28, p. 1716 V. 28, p. 1717 V. 28, p. 1717 V. 28, p. 1717
and $552,757 for a four-family residence. The value of the property shall include the value of the land upon which the improvement is located only if the cost of the land is included in the housing loan. (3) Each loan for rehabilitating a residential structure shall be at least $15,000, and the value of the property upon completion of the project shall be estimated to be less than the amounts listed in paragraph (a)(2) using either an appraisal by an independent certified real estate appraiser or an independent licensed real estate appraiser or the most recent county appraisal of the property plus the cost of the rehabilitation project. (b) Loans to savings banks and savings and loan associations statewide may be made by the treasurer. (Authorized by K.S.A. 2009 Supp. 75-4278; implementing K.S.A. 2009 Supp. 75-4277(e), as amended by L. 2010, ch. 113, sec. 1(e), and K.S.A. 2009 Supp. 75-4279(g), as amended by L. 2010, ch. 113, sec. 2(g); effective, T-3-6-2508, July 1, 2008; effective Oct. 24, 2008; amended, T-3-512-10, May 12, 2010; amended Jan. 21, 2011.) Dennis McKinney Kansas State Treasurer
Doc. No. 039040
AGENCY 4: DEPARTMENT OF AGRICULTURE Reg. No. 4-6-1 4-6-2 4-6-3 4-7-213 4-7-716 4-7-900 4-7-901 4-7-902 4-7-903 4-7-904 4-10-1 4-10-1a 4-10-1b 4-10-2a through 4-10-2d 4-10-2e 4-10-2f through 4-10-2k 4-10-4 4-10-4a through 4-10-4f 4-10-5a 4-10-6 4-10-6a 4-10-6b 4-10-7 4-10-10 4-10-15 4-10-16 4-10-17 4-13-1 4-13-2 4-13-3 4-13-9 4-13-11 4-13-13 4-13-14 4-13-16 4-13-17 4-13-18 4-13-20 4-13-21 Action Amended Amended New Amended Amended Amended Revoked Amended Amended Amended Amended New New Revoked Amended Revoked Revoked New Amended Revoked New New Amended New Revoked Amended Revoked Amended Amended Amended Amended Revoked Amended Amended Amended Amended Amended Amended Amended Register V. 28, p. 1594 V. 28, p. 1594 V. 27, p. 1741 V. 29, p. 1023 V. 29, p. 1023 V. 27, p. 1022 V. 27, p. 1022 V. 27, p. 1022 V. 27, p. 1023 V. 27, p. 1023 V. 29, p. 254 V. 29, p. 255 V. 29, p. 255 V. 29, p. 255 V. 29, p. 255 V. 29, p. 256 V. 29, p. 256 V. 29, p. 256-258 V. 29, p. 258 V. 29, p. 259 V. 29, p. 259 V. 29, p. 259 V. 29, p. 259 V. 29, p. 260 V. 29, p. 260 V. 29, p. 260 V. 29, p. 261 V. 27, p. 186 V. 29, p. 69 V. 29, p. 69 V. 29, p. 71 V. 27, p. 188 V. 27, p. 188 V. 29, p. 71 V. 29, p. 71 V. 29, p. 72 V. 29, p. 72 V. 29, p. 72 V. 29, p. 72
AGENCY 3: KANSAS STATE TREASURER
4-13-22 4-13-23 4-13-24 4-13-25 4-13-25b through 4-13-25h 4-13-25i 4-13-25j 4-13-25k 4-13-25l 4-13-25m 4-13-30 4-13-33 4-13-40 4-13-41 4-13-42 4-13-60 4-13-61 4-13-62 4-13-64 4-13-65 4-15-5 4-15-11 4-15-12 4-15-13 4-15-14 4-16-1a 4-16-1c 4-16-7a 4-16-300 4-16-301 4-16-302 4-16-303 4-16-304 4-16-305 4-17-300 4-17-301 4-17-302 4-17-303 4-17-304 4-17-305 4-20-11 4-27-1 through 4-27-22 4-28-1 4-28-2
Revoked Amended Amended Amended Amended Revoked Amended Amended Amended New Amended Amended Amended Revoked Revoked Amended Revoked Amended Amended Amended Amended Amended Revoked Amended Amended Amended Amended Amended Amended Revoked Amended Amended Amended Amended Amended Revoked Amended Amended Amended Amended Amended New Amended Amended
V. 29, p. 72 V. 29, p. 72 V. 29, p. 72 V. 29, p. 1242 V. 29, p. 1243-1245 V. 29, p. 1246 V. 29, p. 1246 V. 29, p. 1246 V. 29, p. 1247 V. 29, p. 1247 V. 29, p. 72 V. 29, p. 73 V. 27, p. 1023 V. 27, p. 1023 V. 27, p. 1023 V. 27, p. 1023 V. 27, p. 1023 V. 29, p. 73 V. 27, p. 1023 V. 27, p. 1024 V. 28, p. 690 V. 27, p. 1024 V. 27, p. 1024 V. 27, p. 1024 V. 27, p. 1024 V. 27, p. 1741 V. 27, p. 1742 V. 27, p. 1024 V. 27, p. 1025 V. 27, p. 1025 V. 27, p. 1025 V. 27, p. 1025 V. 27, p. 1025 V. 27, p. 1025 V. 27, p. 1026 V. 27, p. 1026 V. 27, p. 1026 V. 27, p. 1026 V. 27, p. 1026 V. 27, p. 1027 V. 27, p. 1027 V. 29, p. 706-720 V. 29, p. 720 V. 29, p. 720
(continued)
Vol. 30, No. 1, January 6, 2011
10
4-28-5 4-28-8 through 4-28-16 4-28-8 4-28-11 4-28-12 4-28-18 through 4-28-30 Amended New Amended Amended Amended New V. 27, p. 1742 V. 27, p. 191-195 V. 29, p. 721 V. 29, p. 722 V. 29, p. 722 V. 29, p. 723-725 7-41-18 through 7-41-29 7-41-30 7-41-31 7-41-32 7-41-33 7-41-34 7-41-35 7-45-1 7-45-2
Kansas Register
16-11-7 16-11-8 Revoked Amended Revoked Amended Amended New New New New Action Amended (T) Amended Amended V. 28, p. 196 V. 28, p. 196 V. 28, p. 196 V. 28, p. 196 V. 28, p. 197 V. 28, p. 197 V. 28, p. 197 V. 27, p. 968 V. 27, p. 968 Register V. 29, p. 703 V. 29, p. 1336 V. 29, p. 1337
Index to Regulations
Amended Amended V. 29, p. 1816 V. 29, p. 1816
AGENCY 17: OFFICE OF THE STATE BANK COMMISSIONER Reg. No. 17-24-2 17-24-3 17-24-4 17-24-5 17-24-6 17-25-1 Action Amended Amended Amended New New New Register V. 28, p. 1371 V. 28, p. 1371 V. 28, p. 1371 V. 28, p. 1373 V. 28, p. 1373 V. 27, p. 356
AGENCY 5: DEPARTMENT OF AGRICULTUREDIVISION OF WATER RESOURCES Reg. No. 5-1-1 5-1-2 5-1-4 5-1-7 5-1-9 5-2-4 5-3-3 5-3-4 5-3-4a 5-3-5d 5-3-16 5-3-23 5-3-23 5-4-1 5-4-1a 5-4-2 5-5-6c 5-5-13 5-5-14 5-6-2 5-6-5 5-7-1 5-7-4 5-9-1a through 5-9-1d 5-14-3 5-14-3a 5-14-10 5-17-2 5-20-1 5-20-2 5-22-7 5-25-5 5-25-15 5-40-24 5-45-1 5-45-4 5-45-19 through 5-45-23 Reg. No. 7-16-1 (T) 7-16-1 7-16-2 7-17-1 7-17-4 7-17-11 7-17-19 7-17-21 7-17-22 7-17-24 7-21-1 7-21-2 7-21-3 7-21-4 7-23-13 7-37-2 7-38-2 7-41-1 through 7-41-7 7-41-8 7-41-9 7-41-10 through 7-41-17 Action Amended Amended Amended Amended Amended New Amended Amended Amended Amended Amended Amended (T) Amended Amended New New New Amended Amended Amended Amended Amended Amended New Amended New Amended Amended New New Amended Amended Amended Amended Amended Amended New Action Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked New Revoked Revoked Revoked Amended Revoked Revoked Amended Register V. 27, p. 1549 V. 27, p. 1553 V. 29, p. 652 V. 27, p. 1553 V. 29, p. 653 V. 27, p. 1554 V. 27, p. 1554 V. 27, p. 1555 V. 28, p. 241 V. 27, p. 1555 V. 27, p. 1555 V. 29, p. 1338 V. 29, p. 1598 V. 29, p. 1476 V. 29, p. 1477 V. 27, p. 1556 V. 27, p. 1556 V. 27, p. 1556 V. 27, p. 1557 V. 27, p. 1557 V. 27, p. 1557 V. 29, p. 653 V. 28, p. 1715 V. 27, p. 1557, 1558 V. 28, p. 241 V. 28, p. 242 V. 27, p. 1558 V. 29, p. 654 V. 28, p. 1317 V. 28, p. 1318 V. 29, p. 596 V. 29, p. 1598 V. 29, p. 654 V. 27, p. 1438 V. 27, p. 1439 V. 27, p. 1440 V. 27, p. 1441, 1442 Register V. 29, p. 1115 V. 29, p. 1281 V. 27, p. 1548 V. 27, p. 965 V. 27, p. 966 V. 27, p. 966 V. 27, p. 966 V. 27, p. 966 V. 27, p. 966 V. 27, p. 967 V. 27, p. 967 V. 27, p. 967 V. 27, p. 967 V. 27, p. 967 V. 27, p. 968 V. 27, p. 968 V. 27, p. 968 V. 28, p. 193-195 V. 28, p. 195 V. 28, p. 195 V. 28, p. 195, 196
AGENCY 9: ANIMAL HEALTH DEPARTMENT Reg. No. 9-7-4 9-7-4 9-27-1
AGENCY 19: GOVERNMENTAL ETHICS COMMISSION Reg. No. 19-6-1 19-20-4 19-20-5 19-27-2 Reg. No. Action Amended Amended New Amended Action Amended Revoked Revoked Revoked Amended Revoked Revoked Revoked Amended Amended Revoked Revoked New Amended Action Register V. 29, p. 112 V. 27, p. 1020 V. 27, p. 1021 V. 27, p. 1021 Register V. 27, p. 1834 V. 27, p. 1834 V. 27, p. 1834 V. 27, p. 1834 V. 27, p. 1834 V. 27, p. 1834 V. 27, p. 1835 V. 27, p. 1835 V. 27, p. 1835 V. 27, p. 1835 V. 27, p. 1835 V. 27, p. 1835 V. 27, p. 1835-1837 V. 28, p. 1367 Register
AGENCY 11: STATE CONSERVATION COMMISSION Reg. No. 11-6-1 through 11-6-6 11-12-1 11-12-2 11-12-3 11-12-4 11-12-6 Action Register
AGENCY 22: STATE FIRE MARSHAL 22-6-1 22-6-2 22-6-3 22-6-4 22-6-5 22-6-6 22-6-7 22-6-8 22-6-9 22-6-12 22-6-13 22-6-14 22-6-18 through 22-6-27 22-24-3 Reg. No. 26-39-100 through 26-39-105 26-39-100 26-39-101 26-39-105 26-39-144 26-39-243 26-39-278 26-39-427 26-40-301 through 26-40-305 26-41-101 through 26-41-106 26-41-200 through 26-41-207 26-42-101 26-42-102 26-42-104 26-42-105 26-42-200 through 26-42-207 26-43-101 through 26-43-106 26-43-200 through 26-43-207
New Amended Amended Amended Amended Amended
V. 27, p. 1633, 1634 V. 27, p. 1374 V. 27, p. 1375 V. 27, p. 1376 V. 27, p. 1377 V. 27, p. 1377
AGENCY 14: DEPARTMENT OF REVENUE DIVISION OF ALCOHOLIC BEVERAGE CONTROL Reg. No. 14-6-2a 14-6-3 14-6-4 14-8-6 14-8-7 14-8-8 14-8-12 14-11-1 14-11-4 14-11-5 14-11-6 14-11-7 14-11-9 14-11-10a 14-11-10b 14-11-10d 14-11-11 14-11-14 14-11-15 14-11-16 14-11-22 14-11-23 through 14-11-29 14-11-27 14-16-25 14-17-7 14-19-27 14-19-38 14-19-39 14-20-29 14-20-40 14-20-41 14-21-12 14-21-21 14-21-22 14-23-2 14-23-5 14-23-8 14-23-10 14-24-1 through 14-24-6 Reg. No. 16-11-1 through 16-11-5 16-11-6 Action Revoked Revoked Amended Revoked Amended Revoked Revoked New New Amended Amended Amended Amended Revoked Revoked Revoked Revoked Revoked Amended Amended New New Revoked New New Amended New New Amended New New Amended New New Amended Amended Amended Amended Revoked Action Register V. 29, p. 1306 V. 29, p. 1306 V. 29, p. 1306 V. 27, p. 1214 V. 27, p. 1214 V. 27, p. 1214 V. 27, p. 1214 V. 29, p. 1307 V. 29, p. 1307 V. 29, p. 1307 V. 29, p. 1307 V. 29, p. 1307 V. 29, p. 1307 V. 29, p. 1307 V. 29, p. 1308 V. 29, p. 1308 V. 29, p. 1633 V. 29, p. 1308 V. 29, p. 1308 V. 29, p. 1308 V. 29, p. 1633 V. 29, P. 1308-1310 V. 29, p. 1730 V. 29, p. 1310 V. 27, p. 1214 V. 29, p. 1310 V. 29, p. 1311 V. 29, p. 1311 V. 29, p. 1311 V. 29, p. 1312 V. 29, p. 1312 V. 29, p. 1313 V. 29, p. 1313 V. 29, p. 1313 V. 29, p. 1314 V. 29, p. 1314 V. 29, p. 1314 V. 29, p. 1315 V. 29, p. 1315 Register
AGENCY 26: DEPARTMENT ON AGING
New Amended Amended Amended Revoked Revoked Revoked Revoked New New New New New New New New New New
V. 28, p. 615-623 V. 29, p. 1772 V. 29, p. 1775 V. 29, p. 1777 V. 28, p. 623 V. 28, p. 649 V. 28, p. 649 V. 28, p. 649 V. 29, p. 1777-1793 V. 28, p. 649-651 V. 28, p. 652-657 V. 28, p. 657 V. 28, p. 658 V. 28, p. 659 V. 28, p. 659 V. 28, p. 659-664 V. 28, p. 664-667 V. 28, p. 667-671
AGENCY 7: SECRETARY OF STATE
AGENCY 28: DEPARTMENT OF HEALTH AND ENVIRONMENT Reg. No. 28-1-20 28-4-92 28-4-92 28-4-117 28-4-120 28-4-121 Action Amended Amended (T) Amended Amended Amended New Register V. 27, p. 989 V. 29, p. 1348 V. 29, p. 1705 V. 27. p. 990 V. 27, p. 990 V. 27, p. 990
AGENCY 16: KANSAS ATTORNEY GENERAL
Amended Revoked
V. 29, p. 1813-1815 V. 29, p. 1816
Vol. 30, No. 1, January 6, 2011
28-4-122 28-4-311 28-4-312 through 28-4-317 28-4-370 through 28-4-379 28-4-430 28-4-503 28-4-505 28-4-514 28-4-520 28-4-521 28-4-800 through 28-4-825 28-4-1200 through 28-4-1218 28-4-1300 through 28-4-1318 28-16-28g 28-17-6 28-17-12 28-19-200a 28-19-202 28-19-325 28-19-350 28-19-517 28-19-712 28-19-712a through 28-19-712d 28-19-713 28-19-713a through 28-19-713d 28-19-720 28-19-728 28-19-728a through 28-19-728f 28-19-735 28-19-750 28-19-750a 28-21-1 28-21-6 28-21-7 28-21-8 28-21-9 28-21-10 28-21-11 28-21-20a 28-21-21a 28-21-22a 28-21-23a 28-21-24a 28-21-25a 28-21-26a 28-21-27a 28-21-28a 28-21-29a 28-21-30a 28-21-31a 28-21-32a 28-21-33a 28-21-34a 28-21-35a 28-21-40a 28-21-41a 28-21-42a 28-21-43a 28-21-44a 28-21-50a 28-21-51a 28-21-52a 28-21-53a 28-21-54a 28-21-55a 28-21-56a 28-21-57a 28-21-58a 28-21-59a Amended Amended Revoked Revoked Amended Amended Amended Amended New New New New New Amended Amended Amended New Amended New Amended Amended New New New New Amended Revoked Revoked Amended Amended Amended Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked V. 27, p. 317 V. 27, p. 317 V. 27, p. 317, 318 V. 29, p. 1024 V. 27, p. 991 V. 29, p. 1662 V. 29, p. 1662 V. 29, p. 1663 V. 29, p. 1663 V. 29, p. 1663 V. 27, p. 318-334 V. 28, p. 1426-1437 V. 29, p. 1024-1032 V. 29, p. 181 V. 28, p. 1809 V. 28, p. 1809 V. 29, p. 1634 V. 29, p. 1509 V. 29, p. 1634 V. 29, p. 1635 V. 29, p. 1510 V. 29, p. 866 V. 29, p. 867 V. 29, p. 867 V. 29, p. 867, 868 V. 29, p. 1510 V. 29, p. 1511 V. 29, p. 1511 V. 29, p. 1511 V. 29, p. 1511 V. 29, p. 1511 V. 29, p. 725 V. 29, p. 725 V. 29, p. 725 V. 29, p. 725 V. 29, p. 725 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726
Kansas Register
28-21-60a 28-21-61a 28-21-62a 28-21-63 28-21-64 28-21-70a 28-21-71a 28-21-72a 28-21-82 through 28-21-85 28-23-4 28-23-9 28-23-10 28-23-16 28-23-20 through 28-23-24 28-23-26 through 28-23-32 28-23-34 through 28-23-36 28-23-41 through 28-23-55 28-23-70 28-23-71 28-23-73 28-23-75 28-23-78 through 28-23-80 28-29-501 28-32-1 28-32-2 28-32-4 28-32-5 28-32-6 28-32-7 28-32-8 through 28-32-14 28-36-30 28-36-31 28-36-33 through 28-36-49 28-36-70 through 28-36-89 28-36-101 through 28-36-109 28-38-18 28-38-19 28-38-21 28-38-22 28-38-23 28-38-29 28-39-145a 28-39-146 28-39-147 28-39-148 28-39-162 28-39-162a 28-39-162b 28-39-162c 28-39-164 through 28-39-168 28-39-240 through 28-39-253 28-39-275 through 28-39-288 28-39-425 through 28-39-436 28-43-1 through 28-43-11 Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked New Revoked Revoked Revoked Revoked Revoked Revoked New Revoked Revoked Revoked Revoked Revoked Amended Amended Amended Amended Amended Amended Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Amended Revoked Revoked Revoked Revoked V. V. V. V. V. V. V. V. V. V. V. V. V. 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 27, p. p. p. p. p. p. p. p. p. p. p. p. p. 726 726 726 726 726 726 726 726 726 726 726 726 191 28-45b-1 through 28-45b-28 28-46-1 28-46-2a 28-46-3 through 28-46-22 28-46-27 28-46-28 28-46-29 28-46-29a 28-46-30 28-46-30a 28-46-30b 28-46-31 28-46-33 28-46-34 28-46-35 28-46-40 28-46-41 28-46-44 28-46-45 28-53-1 through 28-53-5 28-59-5 28-61-1 28-61-2 28-61-5 28-61-8 28-61-11 28-70-4 28-72-1 28-72-1a 28-72-1c 28-72-1d 28-72-1e 28-72-1g 28-72-1h 28-72-1i 28-72-1k 28-72-1l 28-72-1m 28-72-1n 28-72-1o 28-72-1p 28-72-1r 28-72-1s 28-72-1t 28-72-1v 28-72-1x 28-72-2 28-72-3 28-72-4 28-72-4a 28-72-4b 28-72-4c 28-72-5 28-72-6 28-72-6a 28-72-7 28-72-7a 28-72-8 28-72-9 28-72-10 28-72-10a 28-72-11 28-72-12 28-72-13 28-72-14 28-72-15 28-72-16 28-72-17 28-72-18 28-72-18a 28-72-18b 28-72-18c 28-72-18d 28-72-18e 28-72-19 28-72-20 28-72-21 New Amended Amended Amended Amended Amended Amended New Amended New New Amended Amended Amended Amended Amended Amended Amended New Amended Amended Amended Amended Amended Amended Amended New Revoked New New New New New New New New New New New New New New New New New New Amended Amended Amended Amended Revoked Amended Amended Amended New Amended New Amended Amended Amended New Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended
11
V. 28, p. 973-988 V. 29, p. 1138 V. 29, p. 1138 V. 29, p. 1139-1141 V. 29, p. 1141 V. 29, p. 1141 V. 29, p. 1141 V. 29, p. 1142 V. 29, p. 1142 V. 29, p. 1142 V. 29, p. 1144 V. 29, p. 1144 V. 29, p. 1144 V. 29, p. 1145 V. 29, p. 1145 V. 29, p. 1145 V. 29, p. 1145 V. 29, p. 1145 V. 29, p. 1145 V. 28, p. 240, 241 V. 27, p. 462 V. 29, p. 419 V. 29, p. 419 V. 29, p. 420 V. 29, p. 422 V. 27, p. 464 V. 28, p. 800 V., 29, p. 357 V. 29, p. 357 V. 29, p. 357 V. 29, p. 358 V. 29, p. 358 V. 29, p. 358 V. 29, p. 358 V. 29, p. 359 V. 29, p. 359 V. 29, p. 359 V. 29, p. 360 V. 29, p. 360 V. 29, p. 360 V. 29, p. 360 V. 29, p. 361 V. 29, p. 361 V. 29, p. 361 V. 29, p. 361 V. 29, p. 361 V. 29, p. 361 V. 29, p. 362 V. 29, p. 362 V. 29, p. 366 V. 29, p. 368 V. 29, p. 368 V. 29, p. 369 V. 29, p. 370 V. 29, p. 371 V. 29, p. 373 V. 29, p. 373 V. 29, p. 374 V. 29, p. 375 V. 29, p. 376 V. 29, p. 377 V. 29, p. 378 V. 29, p. 378 V. 29, p. 379 V. 29, p. 379 V. 29, p. 380 V. 29, p. 380 V. 29, p. 381 V. 29, p. 382 V. 29, p. 383 V. 29, p. 384 V. 29, p. 384 V. 29, p. 385 V. 29, p. 386 V. 29, p. 387 V. 29, p. 387 V. 29, p. 387
V. 29, p. 726 V. 29, p. 726 V. 29, p. 727 V. V. V. V. V. 29, 29, 29, 29, 29, p. p. p. p. p. 727 727 727 727 727
V. 29, p. 727 V. 28, p. 1809 V. 27, p. 247 V. 27, p. 247 V. 27, p. 247 V. 27, p. 247 V. 27, p. 247 V. 27, p. 247 V. 27, p. 247-249 V. 29, p. 727 V. 29, p. 727 V. 27, p. 73 V. 29, p. 727 V. 29, p. 727 V. 27, p. 1742 V. 27, p. 1743 V. 27, p. 1743 V. 27, p. 1744 V. 27, p. 1744 V. 27, p. 1745 V. 28, p. 623 V. 28, p. 623 V. 28, p. 623 V. 28, p. 623 V. 29, p. 1777 V. 29, p. 1777 V. 29, p. 1777 V. 29, p. 1777 V. 28, p. 798-800 V. 28, p. 672 V. 28, p. 672 V. 28, p. 672 V. 29, p. 1137
(continued)
Vol. 30, No. 1, January 6, 2011
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28-72-22 28-72-51 28-72-52 28-72-53 28-73-1 Amended Amended Amended Amended Amended V. 29, p. 388 V. 29, p. 388 V. 29, p. 389 V. 29, p. 389 V. 28, p. 74
Kansas Register
AGENCY 48: DEPARTMENT OF LABOR EMPLOYMENT SECURITY BOARD OF REVIEW Reg. No. 48-1-1 through 48-1-6 48-2-1 through 48-2-5 48-3-1 48-3-2 48-3-4 48-3-5 48-4-1 48-4-2 Reg. No. 49-45-1 49-45-2 49-45-3 49-45-4 49-45-4a 49-45-5 49-45-6 49-45-7 49-45-8 49-45-9 49-45-20 49-45-28 49-45-29 49-45-29b 49-45-31 49-45-34 49-45-35 49-45-37 49-55-1 through 49-55-12 Action Register Reg. No. 65-4-3
AGENCY 65: BOARD OF EXAMINERS IN OPTOMETRY Action Amended Register V. 29, p. 990
AGENCY 30: SOCIAL AND REHABILITATION SERVICES Reg. No. 30-4-90 30-5-78 30-5-118a 30-10-15a 30-10-15b 30-10-17 30-10-18 30-10-23a 30-10-23b 30-10-25 30-10-26 30-10-27 30-10-200 30-10-210 30-45-20 30-46-10 30-46-17 30-63-10 30-63-11 30-63-12 30-63-32 30-64-24 Action Amended Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked New Amended Amended Amended Amended Amended New Revoked Register V. 28, p. 916 V. 27, p. 1022 V. 29, p. 293 V. 27, p. 1345 V. 27, p. 1345 V. 27, p. 1345 V. 27, p. 1345 V. 27, p. 1346 V. 27, p. 1346 V. 27, p. 1346 V. 27, p. 1346 V. 27, p. 1346 V. 27, p. 1346 V. 27, p. 1346 V. 28, p. 966 V. 28, p. 966 V. 28, p. 967 V. 28, p. 1806 V. 28, p. 1807 V. 28, p. 1807 V. 27, p. 664 V. 27, p. 665
Amended Amended Amended Amended Amended Amended Amended Amended Action Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended New Amended Amended Amended Amended New
V. 29, p. 15-17 V. V. V. V. V. V. V. 29, 29, 29, 29, 29, 29, 29, p. p. p. p. p. p. p. 17 18 18 18 18 18 18
AGENCY 66: BOARD OF TECHNICAL PROFESSIONS Reg. No. 66-6-1 66-6-4 66-6-6 66-6-8 66-6-9 66-7-2 66-8-1 66-8-3 66-8-4 66-8-6 66-8-7 66-9-4 66-10-1 66-10-9 66-10-14 66-11-1 66-11-1a 66-11-1b 66-11-4 66-11-5 66-12-1 66-14-1 66-14-2 66-14-3 66-14-4 66-14-5 66-14-7 66-14-10 Action Amended Amended Amended Revoked Revoked Amended Revoked Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked Amended Amended Amended Register V. 27, p. 315 V. 27, p. 316 V. 28, p. 1536 V. 28, p. 1537 V. 28, p. 1537 V. 28, p. 1537 V. 28, p. 1537 V. 28, p. 1537 V. 28, p. 1537 V. 29, p. 794 V. 28, p. 1537 V. 28, p. 1538 V. 29, p. 794 V. 28, p. 1538 V. 28, p. 1538 V. 28, p. 1539 V. 28, p. 1539 V. 28, p. 1539 V. 28, p. 1539 V. 28, p. 44 V. 29, p. 794 V. 28, p. 44 V. 28, p. 45 V. 28, p. 45 V. 28, p. 45 V. 28, p. 45 V. 28, p. 45 V. 29, p. 794
AGENCY 49: DEPARTMENT OF LABOR Register V. 27, p. 1466 V. 27, p. 1466 V. 27, p. 1466 V. 27, p. 1466 V. 27, p. 1466 V. 27, p. 1466 V. 27, p. 1466 V. 27, p. 1467 V. 27, p. 1467 V. 27, p. 1467 V. 27, p. 1467 V. 27, p. 1467 V. 27, p. 1467 V. 27, p. 1467 V. 27, p. 1467 V. 27, p. 1467 V. 27, p. 1467 V. 27, p. 1467 V. 29, p. 675, 676
AGENCY 36: DEPARTMENT OF TRANSPORTATION Reg. No. 36-39-2 36-39-2 36-39-4 36-39-4 36-39-6 36-39-6 36-42-1 through 36-42-9 Action Amended (T) Amended Amended (T) Amended Amended (T) Amended New Register V. 29, p. 1090 V. 29, p. 1416 V. 29, p. 1091 V. 29, p. 1416 V. 29, p. 1091 V. 29, p. 1416 V. 29, p. 502-504
AGENCY 67: BOARD OF EXAMINERS IN THE FITTING AND DISPENSING OF HEARING INSTRUMENTS Reg. No. 67-3-5 Reg. No. 68-1-1b 68-1-1h 68-1-3a 68-2-20 68-2-22 68-7-11 68-7-12b 68-7-14 68-7-20 68-7-21 68-11-2 68-16-3 68-18-1 68-18-2 68-18-3 68-19-1 68-20-10a 68-20-16 68-20-23 68-20-23 68-21-1 through 68-21-7 Reg. No. 69-3-8 69-11-1 Reg. No. 71-5-1 through 71-5-6 71-5-7 through 71-5-13 Action New Action Amended New Amended Amended Amended Amended Amended Amended Amended New Amended Amended New New New New Amended Amended New (T) New New Action Amended (T) Amended Action Register V. 28, p. 1187 Register V. 29, p. 465 V. 28, p. 1491 V. 28, p. 1491 V. 28, p. 1765 V. 28, p. 1491 V. 29, p. 1053 V. 27, p. 1518 V. 28, p. 1492 V. 27, p. 435 V. 29, p. 465 V. 27, p. 1518 V. 28, p. 342 V. 27, p. 1857 V. 27, p. 1857 V. 27, p. 1858 V. 28, p. 342 V. 29, p. 466 V. 28, p. 1561 V. 27, p. 1709 V. 28, p. 192 V. 29, p. 1417-1420 Register V. 28, p. 923 V. 28, p. 298 Register
AGENCY 50: DEPARTMENT OF LABOR DIVISION OF EMPLOYMENT Reg. No. 50-2-21a 50-2-21a Action New (T) New Register V. 29, p. 701 V. 29, p. 1214
AGENCY 68: BOARD OF PHARMACY
AGENCY 40: KANSAS INSURANCE DEPARTMENT Reg. No. 40-1-37 40-1-38 40-1-48 40-2-28 40-3-30 40-3-43 40-3-52 40-3-56 40-3-57 40-3-58 40-4-35 40-4-36 40-4-37v 40-4-41 40-4-41a through 40-4-41j 40-4-43 40-7-20a 40-7-26 40-7-27 40-9-23 Action Amended Amended Amended New Amended Amended New New New New Amended Amended New Amended Revoked New Amended New New New Register V. 28, p. 966 V. 28, p. 1593 V. 29, p. 1752 V. 28, p. 273 V. 28, p. 112 V. 29, p. 1337 V. 27, p. 133 V. 28, p. 1518 V. 28, p. 1518 V. 28, p. 1518 V. 28, p. 915 V. 28, p. 1252 V. 28, p. 643 V. 27, p. 434 V. 27, p. 434, 435 V. 29, p. 703 V. 28, p. 604 V. 29, p. 1752 V. 29, p. 1753 V. 29, p. 1813
AGENCY 51: DEPARTMENT OF LABOR DIVISION OF WORKERS COMPENSATION Reg. No. 51-9-7 Reg. No. 60-1-103 60-1-104 60-2-101 60-2-102 60-2-104 60-2-105 60-2-106 60-2-107 60-2-108 60-3-106 60-3-106a 60-3-113 60-3-114 60-7-111 60-9-105 60-9-107 60-11-101 through 60-11-105 60-11-107 60-13-103 60-13-104 60-15-101 60-15-102 60-15-104 60-16-105 Reg. No. 63-2-26 63-4-1 Action Amended Action Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended New New New Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked Action New Amended Register V. 29, p. 1508 Register V. 27, p. 1603 V. 27, p. 1603 V. 27, p. 1604 V. 27, p. 1605, 1670 V. 27, p. 1606 V. 28, p. 197 V. 28, p. 197 V. 27, p. 1606 V. 27, p. 1607 V. 27, p. 1607 V. 27, p. 1608 V. 27, p. 1608 V. 27, p. 1608 V. 27, p. 1609 V. 28, p. 197 V. 28, p. 198 V. 28, p. 1252-1254 V. 28, p. 1254 V. 28, p. 200 V. 28, p. 200 V. 28, p. 200 V. 28, p. 201 V. 28, p. 202 V. 29, p. 1115 Register V. 27, p. 108 V. 27, p. 108
AGENCY 60: BOARD OF NURSING
AGENCY 69: BOARD OF COSMETOLOGY
AGENCY 44: DEPARTMENT OF CORRECTIONS Reg. No. 44-6-101 44-6-114e 44-6-115a 44-6-125 44-6-127 through 44-6-132 Action Amended Amended Amended Amended New Register V. V. V. V. 27, 27, 27, 27, p. p. p. p. 1126 1128 1134 1135
AGENCY 71: KANSAS DENTAL BOARD
AGENCY 63: BOARD OF MORTUARY ARTS
Revoked New
V. 29, p. 1593 V. 29, p. 1593-1597
V. 27, p. 1135-1138
Vol. 30, No. 1, January 6, 2011
71-9-1 through 71-9-4 71-10-1 through 71-10-4 71-11-1 Reg. No. 74-4-7 74-4-8 74-4-9 74-4-10 74-5-2 74-5-2a 74-5-101 74-5-102 74-5-103 74-5-201 74-5-202 74-5-203 74-5-301 74-5-302 74-5-401 74-5-403 74-5-405a 74-5-406 74-6-2 74-7-4 74-11-6 74-11-7 74-12-1 74-15-2 82-4-3f through 82-4-3m 82-4-3f 82-4-3n 82-4-3o 82-4-6a 82-4-8h 82-4-20 82-4-21 82-4-22 82-4-23 82-4-24a 82-4-26 82-4-26a 82-4-27 82-4-27a 82-4-27c 82-4-27e 82-4-28 82-4-28a 82-4-28b 82-4-30a 82-4-30a 82-4-31 82-4-32 82-4-33 82-4-35 82-4-35a 82-4-37 82-4-40 82-4-42 82-4-48 82-4-48a 82-4-53 82-4-54 82-4-55 82-4-56a 82-4-57 82-4-58 82-4-62 82-4-63 82-4-65 82-4-77 82-11-4 82-11-10 82-14-1 through 82-14-5 82-14-6 82-16-1 through 82-16-6 82-17-1 through 82-17-5
Kansas Register
Amended Amended New New Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked Revoked Revoked Amended (T) Amended Revoked Amended Amended Amended Amended Revoked Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked Amended Amended Amended Amended Amended Amended New New New V. 28, p. 1386-1397 V. 29, p. 1390 V. 29, p. 1444 V. 29, p. 1445 V. 29, p. 1446 V. 29, p. 1446 V. 28, p. 1397 V. 29, p. 1446 V. 29, p. 1446 V. 29, p. 1447 V. 29, p. 1447 V. 29, p. 1447 V. 29, p. 1447 V. 29, p. 1447 V. 29, p. 1448 V. 29, p. 1448 V. 29, p. 1449 V. 29, p. 1449 V. 29, p. 1449 V. 29, p. 1449 V. 29, p. 702 V. 29, p. 1392 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1451 V. 29, p. 1451 V. 29, p. 1451 V. 29, p. 1452 V. 29, p. 1452 V. 29, p. 1452 V. 29, p. 1453 V. 29, p. 1453 V. 29, p. 1453 V. 29, p. 1453 V. 29, p. 1453 V. 29, p. 1454 V. 28, p. 917 V. 28, p. 922 V. 28, p. 967-971 V. 28, p. 972 V. 29, p. 1598-1601 V. 29, p. 1136, 1137 88-29-8a 88-29-8b 88-29-8b 88-29-9 88-29-9 88-29-11 88-29-11 88-29-12 88-29-12 88-29-18 88-29-18 88-29-19 88-29-19 New New (T) New Amended (T) Amended Amended (T) Amended Amended (T) Amended Amended (T) Amended Amended (T) Amended
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V. 28, p. 1563 V. 28, p. 1104 V. 28, p. 1564 V. 28, p. 1104 V. 28, p. 1564 V. 28, p. 1105 V. 28, p. 1565 V. 28, p. 1106 V. 28, p. 1566 V. 28, p. 1107 V. 28, p. 1567 V. 28, p. 1108 V. 28, p. 1568
New New New Action Amended Amended Amended Amended Amended New Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked
V. 27, p. 1878 V. 27, p. 1879 V. 28, p. 1187 Register V. 28, p. 643 V. 29, p. 1636 V. 29, p. 1638 V. 27, p. 627 V. 29, p. 1638 V. 28, p. 646 V. 29, p. 1639 V. 28, p. 646 V. 28, p. 646 V. 28, p. 646 V. 29, p. 1639 V. 29, p. 1639 V. 28, p. 647 V. 28, p. 647 V. 28, p. 647 V. 28, p. 647 V. 28, p. 647 V. 28, p. 647 V. 29, p. 1640 V. 28, p. 648 V. 29, p. 1640 V. 29, p. 1640 V. 29, p. 1641 V. 29, p. 1641
AGENCY 74: BOARD OF ACCOUNTANCY
AGENCY 91: DEPARTMENT OF EDUCATION Reg. No. 91-1-200 91-1-201 91-1-202 91-1-203 91-1-204 91-1-205 91-1-207 91-1-209 91-1-210 91-1-216 91-1-220 91-1-221 91-19-1 91-19-6 91-40-1 91-40-2 91-40-3 91-40-5 91-40-7 through 91-40-12 91-40-16 91-40-17 91-40-21 91-40-22 91-40-26 through 91-40-31 91-40-27 91-40-33 91-40-34 91-40-35 91-40-37 91-40-38 91-40-39 91-40-41 91-40-42 91-40-42a 91-40-43 91-40-44 91-40-45 91-40-46 91-40-48 91-40-50 91-40-51 Reg. No. 92-12-114 92-12-140 through 92-12-145 92-12-145 92-19-70 92-24-23 92-26-1 92-26-4 92-28-1 through 92-28-4 92-51-25a 92-52-14 92-52-15 92-52-16 Action Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked Amended Revoked Amended Amended New Amended Amended Amended Amended Amended Amended Amended Action New New Amended Revoked Amended Amended Amended New New New New New Register V. 28, p. 1222 V. 27, p. 1028 V. 28, p. 1223 V. 28, p. 1225 V. 28, p. 1229 V. 28, p. 1232 V. 27, p. 1037 V. 27, p. 1037 V. 27, p. 1038 V. 28, p. 1233 V. 27, p. 1038 V. 27, p. 1040 V. 27, p. 1041 V. 27, p. 1041 V. 29, p. 1093 V. 27, p. 279 V. 27, p, 279 V. 27, p. 280 V. 27, p. 281-284 V. 27, p. 285 V. 27, p. 285 V. 27, p. 286 V. 27, p. 287 V. 27, p. 287-289 V. 29, p. 1098 V. 27, p. 290 V. 27, p. 290 V. 27, p. 290 V. 27, p. 291 V. 27, p. 291 V. 27, p. 291 V. 27, p. 291 V. 27, p. 291 V. 27, p. 292 V. 27, p. 293 V. 27, p. 293 V. 27, p 293 V. 27, p. 294 V. 27, p. 294 V. 27, p. 294 V. 27, p. 295 Register V. 27, p. 865 V. 27, p. 866, 867 V. 28, p. 604 V. 27, p. 868 V. 29, p. 1633 V. 28, p. 170 V. 28, p. 170 V. 28, p. 113 V. 29, p. 1281 V. 27, p. 1214 V. 27, p. 1214 V. 27, p. 1215
AGENCY 75: OFFICE OF THE STATE BANK COMMISSIONERCONSUMER AND MORTGAGE LENDING DIVISION Reg. No. 75-6-1 75-6-9 75-6-31 75-6-33 75-6-34 75-6-36 75-6-37 75-6-38 Action Amended Amended Amended Revoked Revoked New New New Register V. 28, p. 1367 V. 28, p. 1367 V. 28, p. 1367 V. 28, p. 1368 V. 28, p. 1368 V. 28, p. 1368 V. 28, p. 1368 V. 28, p. 1368
AGENCY 81: OFFICE OF THE SECURITIES COMMISSIONER Reg. No. 81-3-2 81-3-6 81-5-7 81-5-14 81-7-2 81-14-1 81-14-2 81-14-5 81-14-9 Action Amended Amended Amended Amended Amended Amended Amended Amended Amended Register V. 27, p. 1801 V. 28, p. 606 V. 27, p. 1156 V. 28, p. 571 V. 27, p. 1156 V. 27, p. 1157 V. 27, p. 1801 V. 28, p. 610 V. 27, p. 1163
AGENCY 84: PUBLIC EMPLOYEE RELATIONS BOARD Reg. No. 84-2-1 Reg. No. 86-3-19 86-3-19 86-3-30 86-3-30 Reg. No. 88-24-1 88-28-6 88-29-1 88-29-1 88-29-4 88-29-4 88-29-5 88-29-5 88-29-7 88-29-7 88-29-8 88-29-8 88-29-8a Action Amended Action Amended (T) Amended New (T) New Action Amended Amended Amended (T) Amended Amended (T) Amended Amended (T) Amended Amended (T) Amended Amended (T) Amended New (T) Register V. 28, p. 872 Register V. 27, p. 1090 V. 27, p. 1517 V. 27, p. 1091 V. 27, p. 1517 Register V. 29, p. 1415 V. 29, p. 408 V. 28, p. 1101 V. 28, p. 1561 V. 28, p. 1102 V. 28, p. 1562 V. 28, p. 1103 V. 28, p. 1563 V. 28, p. 1103 V. 28, p. 1563 V. 28, p. 1103 V. 28, p. 1563 V. 28, p. 1103
AGENCY 82: STATE CORPORATION COMMISSION Reg. No. 82-1-219 82-3-101a 82-3-107 82-3-108 82-3-111 82-3-135a 82-3-135b 82-3-138 82-3-311a 82-3-402 82-3-1100 through 82-3-1120 82-4-2 82-4-3a through 82-4-3d 82-4-3a 82-4-3d 82-4-3e Action Amended New Amended Amended Amended Amended Amended Amended New Amended New Amended Amended Amended Amended Revoked Register V. 29, p. 1099 V. 29, p. 1508 V. 27, p. 1518 V. 27, p. 1519 V. 27, p. 1520 V. 27, p. 1521 V. 27, p. 1521 V. 27, p. 1521 V. 29, p. 181 V. 27, p. 1521 V. 29, p. 182-190 V. 29, p. 1443 V. 28, p. 1373-1385 V. 29, p. 1443 V. 29, p. 1444 V. 28, p. 1386
AGENCY 86: REAL ESTATE COMMISSION
AGENCY 92: DEPARTMENT OF REVENUE
AGENCY 88: BOARD OF REGENTS
(continued)
Vol. 30, No. 1, January 6, 2011
14
AGENCY 94: COURT OF TAX APPEALS Reg. No. 94-2-1 through 94-2-21 94-3-1 94-3-1 94-3-2 94-3-2 94-4-1 94-4-1 94-4-2 94-4-2 94-5-1 through 94-5-25 Action Register
Kansas Register
100-55-4 100-55-7 100-55-9 100-69-1 100-69-2 100-69-10 100-69-12 100-72-1 100-72-2 100-72-7 100-73-1 100-73-1 100-73-2 100-73-9 Amended Amended Amended Amended Revoked Amended New Amended Amended Amended Amended (T) Amended Amended Amended V. 27, p. 209 V. 29, p. 651 V. 28, p. 572 V. 27, p. 1672 V. 27, p. 1672 V. 28, p. 572 V. 29, p. 704 V. 28, p. 112 V. 29, p. 705 V. 28, p. 273 V. 28, p. 923 V. 28, p. 1282 V. 29, p. 598 V. 27, p. 315 109-11-3 109-11-4 109-11-6 109-15-1 109-15-2 Reg. No. 110-13a-1 110-13a-2 110-13a-3 110-19-1 through 110-19-4 110-20-1 through 110-20-4
Amended Amended Amended New Amended Action New New New New New V. 29, p. 1284 V. 29, p. 1284 V. 29, p. 1285 V. 28, p. 575 V. 29, p. 1285 Register V. 27, p. 1063 V. 27, p. 1063 V. 27, p. 1064 V. 27, p. 1064, 1065 V. 27, p. 1065, 1066
Revoked Amended (T) Amended Amended (T) Amended Amended (T) Amended Amended (T) Amended New
V. 29, p. 1478, 1479 V. 27, p. 1097 V. 27, p. 1529 V. 27, p. 1098 V. 27, p. 1529 V. 27, p. 1098 V. 27, p. 1530 V. 27, p. 1098 V. 27, p. 1530 V. 29, p. 1479-1485
AGENCY 110: DEPARTMENT OF COMMERCE
AGENCY 102: BEHAVIORAL SCIENCES REGULATORY BOARD Reg. No. 102-1-8a 102-1-12 102-1-13 102-1-13 102-2-3 102-2-7 102-2-8 102-2-11a 102-2-12 102-3-9b 102-3-12a 102-4-1a 102-4-6a 102-4-6b 102-4-9b 102-4-10a 102-4-12 102-5-9a 102-5-12 102-6-9a 102-6-12 Action New Amended Amended (T) Amended Amended Amended Amended New Amended New Amended Amended Amended New New Amended Amended New Amended New Amended Register V. 28, p. 114 V. 27, p. 407 V. 28, p. 1101 V. 28, p. 1426 V. 29, p. 340 V. 27, p. 1801 V. 28, p. 114 V. 28, p. 116 V. 28, p. 116 V. 28, p. 117 V. 27, p. 1117 V. 27, p. 1803 V. 27, p. 1805 V. 27, p. 1806 V. 28, p. 117 V. 27, p. 1806 V. 27, p. 1120 V. 28, p. 118 V. 27, p. 1122 V. 28, p. 118 V. 27, p. 1124
Agency 97: COMMISSION ON VETERANS AFFAIRS Reg. No. 97-1-1 97-1-1a 97-1-2 97-1-2a 97-1-3 97-1-3a 97-1-4 97-1-4a 97-1-5 97-1-5a 97-1-6a 97-2-1 97-2-1a 97-2-2 97-2-2a 97-2-3 through 97-2-8 97-3-1 97-3-1a 97-3-2 97-3-2a 97-3-3 97-3-3a 97-3-4 through 97-3-9 97-4-1a 97-7-1 through 97-7-6 Action Revoked New Revoked New Revoked New Revoked New Revoked New New Revoked New Revoked New Revoked Revoked New Revoked New Revoked New Revoked New New Register V. 28, p. 459 V. 28, p. 459 V. 28, p. 460 V. 28, p. 460 V. 28, p. 460 V. 28, p. 460 V. 28, p. 460 V. 28, p. 460 V. 28, p. 461 V. 28, p. 461 V. 28, p. 461 V. 28, p. 462 V. 28, p. 462 V. 28, p. 462 V. 28, p. 462 V. 28, p. 462 V. 28, p. 462 V. 28, p. 462 V. 28, p. 462 V. 28, p. 462 V. 28, p. 463 V. 28, p. 463 V. 28, p. 463 V. 28, p. 463 V. 29, p. 252-254
AGENCY 111: KANSAS LOTTERY A complete index listing all regulations filed by the Kansas Lottery from 1988 through 2000 can be found in the Vol. 19, No. 52, December 28, 2000 Kansas Register. A list of regulations filed from 2001 through 2003 can be found in the Vol. 22, No. 52, December 25, 2003 Kansas Register. A list of regulations filed from 2004 through 2005 can be found in the Vol. 24, No. 52, December 29, 2005 Kansas Register. A list of regulations filed from 2006 through 2007 can be found in the Vol. 26, No. 52, December 27, 2007 Kansas Register. A list of regulations filed from 2008 through November 2009 can be found in the Vol. 28, No. 53, December 31, 2009 Kansas Register. The following regulations were filed after December 1, 2009: Reg. No. 111-2-30 111-2-232 111-2-233 111-2-234 111-2-235 through 111-2-240 111-2-241 111-2-242 111-2-243 through 111-2-248 111-4-2899 through 111-4-2907 111-4-2908 through 111-4-2911 111-4-2911a 111-4-2912 through 111-4-2923 111-4-2924 through 111-4-2930 111-4-2931 through 111-4-2938 111-4-2939 through 111-4-2948 111-4-2949 through 111-4-2984 111-4-2949 through 111-4-2984 111-4-2985 through 111-4-2988 111-4-2989 111-4-2990 111-4-2991 111-4-2992 through 111-4-3011 111-4-3012 through 111-4-3022 Action Amended Amended Amended New New New New New New New New New New New New New New New New New New New New Register V. 29, p. 215 V. 29, p. 215 V. 29, p. 215 V. 29, p. 746 V. 29, p. 1214, 1215 V. 29, p. 1247 V. 29, p. 1247 V. 29, p. 1512, 1513 V. 29, p. 9-14 V. 29, p. 149-152 V. 29, p. 152 V. 29, p. 153-157 V. 29, p. 216-222 V. 29, p. 467-473 V. 29, p. 569-575 V. 29, p. 746-769 V. 29, p. 746-769 V. 29, p. 1180-1183 V. 29, p. 1216 V. 29, p. 1217 V. 29, p. 1218 V. 29, p. 1248-1259 V. 29, p. 1513-1522
AGENCY 105: BOARD OF INDIGENTS DEFENSE SERVICES Reg. No. 105-4-1 105-4-1 105-5-2 105-5-2 105-5-3 105-5-3 105-5-6 105-5-6 105-5-7 105-5-7 105-5-8 105-5-8 105-11-1 105-11-1 Action Amended (T) Amended Amended (T) Amended Amended (T) Amended Amended (T) Amended Amended (T) Amended Amended (T) Amended Amended (T) Amended Register V. 29, p. 1338 V. 29, p. 1506 V. 29, p. 1339 V. 29, p. 1506 V. 29, p. 1339 V. 29, p. 1506 V. 29, p. 1339 V. 29, p. 1506 V. 29, p. 1339 V. 29, p. 1507 V. 29, p. 1340 V. 29, p. 1507 V. 29, p. 1340 V. 29, p. 1507
AGENCY 99: DEPARTMENT OF AGRICULTUREDIVISION OF WEIGHTS AND MEASURES Reg. No. 99-25-1 99-25-5 99-25-9 99-25-11 99-25-12 99-26-1 99-27-2 99-27-3 99-27-4 99-27-5 Reg. No. 100-11-1 100-22-8 100-22-8a 100-28a-1 100-28a-2 100-28a-10 100-29-1 100-29-3a 100-29-16 100-49-4 100-54-1 100-54-4 100-54-8 100-55-1 Action Amended Amended Amended New New Amended Amended Revoked Amended Amended Action Amended Revoked New Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Register V. 29, p. 1242 V. 29, p. 1242 V. 27, p. 108 V. 27, p. 109 V. 29, p. 1242 V. 28, p. 522 V. 27, p. 1019 V. 27, p. 1019 V. 27, p. 1019 V. 27, p. 1019 Register V. 29, p. 650 V. 27, p. 357 V. 27, p. 357 V. 28, p. 112 V. 28, p. 1736 V. 28, p. 572 V. 29, p. 598 V. 28, p. 1737 V. 28, p. 1060 V. 29, p. 651 V. 28, p. 1594 V. 27, p. 209 V. 28, p. 1595 V. 29, p. 704
AGENCY 108: STATE EMPLOYEES HEALTH CARE COMMISSION Reg. No. 108-1-1 108-1-1 108-1-3 108-1-3 108-1-4 108-1-4 Action Amended Amended (T) Amended Amended (T) Amended Amended (T) Register V. 29, p. 1055 V. 29, p. 1340 V. 29, p. 1057 V. 29, p. 1342 V. 29, p. 1059 V. 29, p. 1344
AGENCY 100: BOARD OF HEALING ARTS
AGENCY 109: BOARD OF EMERGENCY MEDICAL SERVICES Reg. No. 109-2-9 109-3-1 109-5-1 109-5-2 109-5-3 109-5-4 109-5-5 109-5-6 109-6-1 109-6-2 109-6-3 109-10-7 109-11-1 Action Amended Amended Amended Amended Amended Revoked New New Amended Amended Revoked New Amended Register V. 28, p. 1030 V. 28, p. 1030 V. 29, p. 1281 V. 28, p. 574 V. 29, p. 1282 V. 29, p. 113 V. 27, p. 1548 V. 28, p. 575 V. 29, p. 113 V. 29, p. 113 V. 28, p. 575 V. 29, p. 113 V. 29, p. 1283
Vol. 30, No. 1, January 6, 2011
111-5-175 through 111-5-179 111-5-180 through 111-5-194 111-5-181 111-5-184 111-5-186 111-5-194 111-9-162 111-9-163 111-9-164 111-9-165 111-9-166 111-9-167 111-9-168 111-9-169 111-201-1 through 111-201-17 111-301-1 through 111-301-6 111-302-1 through 111-302-6 111-303-1 through 111-303-5 111-304-1 through 111-304-6 111-305-1 through 111-305-6 111-306-1 through 111-306-6 111-306-4 111-306-6 111-307-1 through 111-307-7 111-308-1 through 111-308-7 111-309-1 through 111-309-6 111-310-1 through 111-310-6 111-311-1 through 111-311-7
Kansas Register
112-106-1 through 112-106-7 112-107-1 112-107-2 112-107-3 112-107-5 112-107-6 112-107-7 112-107-9 112-107-10 112-107-11 112-107-13 through 112-107-32 112-107-34 112-108-1 through 112-108-57 112-110-1 through 112-110-13 112-111-1 through 112-111-5 112-112-1 through 112-112-9 112-113-1 112-114-1 through 112-114-6 112-114-8 through 112-114-12 112-114-14 New New New New New New New New New New New New New New New New New New New New V. 27, p. 1408-1411 V. 28, p. 424 V. 28, p. 424 V. 28, p. 424 V. 28, p. 428 V. 28, p. 428 V. 28, p. 428 V. 28, p. 429 V. 28, p. 429 V. 28, p. 430 V. 28, p. 430-440 V. 28, p. 441 V. 28, p. 1766-1788 V. 28, p. 464-470 V. 28, 470-472 V. 27, p. 1411-1413 V. 28, p. 382 V. 28, p. 472 V. 28, p. 472, 473 V. 28, p. 473 117-4-2a 117-5-2 117-5-2a 117-6-1 117-6-3 117-7-1 117-8-1 117-10-1 Amended Amended Amended Amended Amended Amended Amended New V. V. V. V. V. V. V. V. 28, 28, 28, 29, 29, 28, 29, 28, p. p. p. p. p. p. p. p.
15
374 374 375 656 656 375 418 375
New New Amended Amended Amended Amended New New New New New New New New New New New New New New New Amended Amended New New New New New
V. 29, p. 157-159 V. 29, p. 222-228 V. 29, p. 1522 V. 29, p. 1523 V. 29, p. 1524 V. 29, p. 1525 V. 29, p. 229 V. 29, p. 229 V. 29, p. 230 V. 29, p. 769 V. 29, p. 1184 V. 29, p. 1526 V. 29, p. 1526 V. 29, p. 1527 V. 29, p. 73-79 V. 29, p. 79, 80 V. 29, p. 82-86 V. 29, p. 87-89 V. 29, p. 89-91 V. 29, p. 474, 475 V. 29, p. 1185-1187 V. 29, p.1260 V. 29, p. 1219 V. 29, p. 1189-1191 V. 29, p. 1261-1263 V. 29, p. 1528-1530 V. 29, p. 1530-1532 V. 29, p. 1532-1535
AGENCY 121: DEPARTMENT OF CREDIT UNIONS Reg. No. Action Register 121-9-1 Amended V. 28, p. 457 121-10-1 Amended V. 29, p. 675 121-10-2 New V. 27, p. 1099 121-11-1 New V. 28, p. 457 121-11-2 New V. 28, p. 457 121-12-1 New V. 28, p. 459 AGENCY 123: JUVENILE JUSTICE AUTHORITY Reg. No. Action Register 123-2-111 New (T) V. 29, p. 1115 123-2-111 New V. 29, p. 1415 AGENCY 127: KANSAS HOUSING RESOURCES CORPORATION Reg. No. Action Register 127-2-1 New V. 28, p. 192 127-2-2 New V. 28, p. 192 127-2-3 New V. 28, p. 193 AGENCY 128: DEPARTMENT OF COMMERCE KANSAS ATHLETIC COMMISSION Reg. No. Action Register 128-1-1 New (T) V. 27, p. 106 128-1-1 New V. 27, p. 358 128-2-1 New V. 27, p. 360 128-2-3 through 128-2-13 New V. 27, p. 360-362 128-2-12 New (T) V. 27, p. 107 128-3-1 New V. 27, p. 362 128-4-1 through 128-4-9 New V. 27, p. 363-367 128-4a-1 New V. 27, p. 367 128-5-1 New V. 27, p. 367 128-5-2 New V. 27, p. 368 128-6-1 New V. 27, p. 368 128-6-2 New V. 27, p. 371 128-6-4 New V. 27, p. 374 AGENCY 129: KANSAS HEALTH POLICY AUTHORITY Reg. No. Action Register 129-5-1 Amended V. 27, p. 628 129-5-78 Amended V. 28, p. 1464 129-5-108 Amended V. 27, p. 1346 129-5-118 Amended V. 29, p. 293 129-5-118a New V. 29, p. 294 129-5-118b Amended V. 29, p. 296 129-10-15a New V. 27, p. 1346 129-10-15b New V. 27, p. 1348 129-10-17 New V. 27, p. 1348 129-10-18 New V. 27, p. 1350 129-10-23a New V. 27, p. 1353 129-10-23b New V. 27, p. 1353 129-10-25 New V. 27, p. 1354 129-10-26 New V. 27, p. 1355 129-10-27 New V. 27, p. 1356 129-10-200 New V. 27, p. 1356 129-10-210 New V. 27, p. 1358 AGENCY 130: HOME INSPECTORS REGISTRATION BOARD Reg. No. Action Register 130-1-1 New V. 28, p. 1737 130-1-2 New (T) V. 29, p. 38 130-1-2 New V. 29, p. 567 130-1-3 New (T) V. 29, p. 38 130-1-3 New V. 29, p. 567 130-1-4 Amended V. 29, p. 567 130-1-5 New V. 28, p. 1738 130-2-1 New V. 28, p. 1738 130-3-1 New (T) V. 29, p. 38 130-3-1 New V. 29, p. 568 130-4-1 New (T) V. 29, p. 39 130-4-1 New V. 29, p. 794 130-4-2 New (T) V. 29, p. 39 130-4-2 New V. 29, p. 794 130-5-2 New V. 29, p. 569
AGENCY 115: DEPARTMENT OF WILDLIFE AND PARKS Reg. No. 115-2-1 115-2-3 115-2-3a 115-2-5 115-4-2 115-4-4 115-4-4a 115-4-6 115-4-6a 115-4-11 115-4-13 115-4-14 115-5-1 115-5-2 115-6-1 115-7-1 115-7-2 115-7-3 115-7-8 115-7-9 115-7-10 115-8-1 115-8-6 115-8-9 115-8-10 115-8-13 115-15-1 115-15-2 115-18-7 115-18-20 115-18-21 115-20-7 Action Amended Amended Amended Amended Amended Amended Amended Amended Revoked Amended Amended Revoked Amended Amended Amended Amended Amended Amended Revoked Amended New Amended Amended Amended Amended Amended Amended Amended Amended Amended New New Register V. 29, p. 1602 V. 29, p. 1603 V. 29, p. 1603 V. 27, p. 1265 V. 29, p. 408 V. 29, p. 658 V. 29, p. 659 V. 29, p. 409 V. 27, p. 112 V. 29, p. 67 V. 27, p. 404 V. 27, p. 112 V. 28, p. 1250 V. 28, p. 1251 V. 28, p. 1251 V. 29, p. 1606 V. 27, p. 1708 V. 28, p. 1599 V. 29, p. 1607 V. 29, p. 1607 V. 28, p. 1600 V. 29, p. 1092 V. 28, p. 1600 V. 27, p. 1265 V. 27, p. 1265 V. 27, p. 112 V. 28, p. 1079 V. 28, p. 1080 V. 29, p. 659 V. 29, p. 1608 V. 27, p. 1708 V. 29, p. 659
AGENCY 112: RACING AND GAMING COMMISSION Reg. No. 112-12-15 112-13-6 112-100-1 through 112-100-7 112-101-1 through 112-101-16 112-102-1 through 112-102-13 112-103-1 through 112-103-12 112-103-15 112-103-16 112-104-1 through 112-104-33 112-104-34 through 112-104-41 112-105-1 through 112-105-7 Action New New New New New New New New New New New Register V. 28, p. 797 V. 28, p. 376 V. 27, p. 1378 V. 28, p. 376-379 V. 28, p. 1161-1163 V. 28, p. 376-382 V. 28, p. 382 V. 28, p. 382 V. 27, p. 1378-1406 V. 28, p. 1457-1459 V. 27, p. 1406-1408
AGENCY 117: REAL ESTATE APPRAISAL BOARD Reg. No. 117-1-1 117-2-1 117-2-2 117-2-2a 117-3-1 117-3-2 117-3-2a 117-4-1 117-4-2 Action Amended Amended Amended Amended Amended Amended Amended Amended Amended Register V. V. V. V. V. V. V. V. V. 28, 29, 29, 28, 29, 29, 28, 29, 29, p. p. p. p. p. p. p. p. p. 373 412 413 373 414 415 373 416 417
Vol. 30, No. 1, January 6, 2011
Kansas Register Secretary of State 1st Floor, Memorial Hall 120 S.W. 10th Ave. Topeka, KS 66612-1594
Kansas Register
Kris W. Kobach, Secretary of State
In this issue . . .
Page
Kansas Child Support Guidelines Advisory Committee Notice of meetings....................................................................................................................... 18 USDANatural Resources Conservation Service Notice of Kansas Technical Committee meeting ............................................................................ Historic Sites Board of Review Notice of meeting ........................................................................................................................ Kansas Water Authority Notice of meetings....................................................................................................................... Kansas Historical Society Notice of meeting on the Heritage Trust Fund grants .................................................................... Pooled Money Investment Board Notice of investment rates............................................................................................................ Department of AdministrationDivision of Purchases Notice to bidders for state purchases ............................................................................................ Kansas Board of Regents Universities Notice to bidders ......................................................................................................................... Office of the Governor Notice of available grant funding ................................................................................................. Secretary of State Notice of corporations forfeited .................................................................................................... Department of AdministrationDivision of Accounts and Reports Public notice................................................................................................................................ Department of Health and Environment Notice concerning water pollution control permits/applications ..................................................... Kansas Department of Revenue Notice of available publications.................................................................................................... Notice of Bond Sale City of Bonner Springs................................................................................................................. Department of AgricultureDivision of Water Resources Notice of hearing on proposed administrative regulations ............................................................. Temporary Administrative Regulations Department of Agriculture........................................................................................................... Permanent Administrative Regulations Department of Commerce ............................................................................................................ Index to administrative regulations ................................................................................................. 18 19 19 19 19 20 20 20 21 21 21 23 23 24 25 25 28
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State of Kansas
Kansas Register
Notices
Child Support Guidelines Advisory Committee

Notice of Meetings The Kansas Supreme Courts Child Support Guidelines Advisory Committee will meet on the fourth Friday of every month through May at 9:30 a.m. in Room 269 of the Kansas Judicial Center, 301 S.W. 10th Ave., Topeka. The meetings are free and open to the public. For more information, contact Mark Gleeson, Director of Trial Court Programs, at (785) 296-5938 or by e-mail at gleesonm@kscourts.org. Individuals with a disability in need of reasonable accommodation should contact Elizabeth Reimer, Office of Judicial Administration, Kansas Judicial Center, 301 S.W. 10th Ave., Topeka, 66612; by e-mail at reimere@ kscourts.org; or by calling (785) 296-5309 (voice), (785) 296-1804 (fax), or (800) 766-3777 or 711 (TDD). Hon. Thomas Foster Chair
Doc. No. 039048
USDANatural Resources Conservation Service

Notice of Kansas Technical Committee Meeting The Kansas Technical Committee will meet via teleconference from 10 a.m. to noon Tuesday, January 25, at the NRCS Conference Center, 747 S. Duvall, Salina. The agenda will cover Environmental Quality Incentives Program/Wildlife Habitat Incentives Program (EQIP/WHIP) Lesser Prairie-Chicken Initiative for ranking and eligible practices. For call-in number information and to request special accommodations, contact Rosie Collins by January 21 at (785) 823-4566 or by e-mail at rosie.collins@ks.usda.gov. For additional information, contact Gaye L. Benfer, Assistant State Conservationist for Programs, at (785) 8234569 or by e-mail at gaye.benfer@ks.usda.gov. NRCS is an equal opportunity provider and employer. Eric B. Banks State Conservationist
Doc. No. 039049
Published by Kris W. Kobach Secretary of State 1st Floor, Memorial Hall 120 S.W. 10th Ave. Topeka, KS 66612-1594 (785) 296-4564 www.sos.ks.gov
Register Office: 1st Floor, Memorial Hall (785) 296-3489 Fax (785) 368-8024 kansasregister@sos.ks.gov
Vol. 30, No. 2, January 13, 2011
Meetings/Notice
State of Kansas
Kansas Register
State of Kansas
19
Historic Sites Board of Review

Notice of Meeting The Kansas Historic Sites Board of Review will meet at 9 a.m. Saturday, February 12, in the classrooms in the Kansas Museum of History, 6425 S.W. 6th Ave., Topeka. The board will consider the following items: Approval of minutes of November 20, 2010 meeting Heritage Trust Fund grant committee report and discussion National Register of Historic Places nominations:
ATSF Motive Power Building 1001 N.E. Atchison, Topeka, Shawnee County Yingling Brothers Auto Company Building 411 S. Main St., El Dorado (Nominated as part of the Roadside Kansas MPS) J. Arch Butts Packard Building 1525 E. Douglas Ave., Wichita, Sedgwick (Nominated as part of the Roadside Kansas MPS) Broom Corn Warehouse Wichita, Sedgwick County African American Resources of Wichita Multiple Property Documentation Form Wichita, Sedgwick County McClinton Grocery Building 1201 E. 12th St., Wichita, Sedgwick County (Nominated as part of the African American Resources of Wichita MPS) Farmer House 1301 Cleveland, Wichita, Sedgwick County (Nominated as part of the African American Resources of Wichita MPS) Wilson-Boyle House 225 N. Roosevelt, Wichita, Sedgwick County (Nominated as part of the Residential Resources of Wichita MPS) Schuyler Grade School Burlingame, Osage County (Nominated as part of the Historic Public Schools of Kansas MPS) Inman I.O.O.F. Building 100 N. Main, Inman, McPherson County Chestnut Street Historic District Hays, Ellis County (Boundary Amendment Request)
Kansas Water Authority

Notice of Meetings The Kansas Water Authority will meet at 2 p.m. Wednesday, January 26, and at 9:30 a.m. Thursday, January 27, at the Ramada Inn, Grand Ballroom, 420 S.E. 6th, Topeka. The agenda and meeting materials will be posted on the Kansas Water Office Web site, www.kwo.org, or copies may be requested by contacting the Kansas Water Office, 901 S. Kansas Ave., Topeka, 66612-1249, (785) 2963185 or toll free (888) 526-9283 (KAN-WATER). Persons needing special accommodations are asked to notify the Kansas Water Office at least two days prior to the meeting. Steve Irsik Chairman
Doc. No. 039058
State of Kansas
State Historical Society

Notice of Meeting The Kansas State Historical Society will accept public comments regarding the 2011 round of Heritage Trust Fund grants from 9 a.m. to noon Friday, February 11, in the classrooms in the Kansas Museum of History, 6425 S.W. 6th Ave., Topeka. Grant applicants and members of the public are welcome to comment about particular grant applications or the program in general to the grant review committee at that time. Persons requiring special accommodations to attend the meeting should contact the Cultural Resources Division of the Kansas State Historical Society, 6425 S.W. 6th Ave., Topeka, 66615-1099, (785) 272-8681, ext. 240, at least two weeks prior to the meeting to discuss how the board may ensure participation. Jennie Chinn Executive Director
Doc. No. 039055
State of Kansas
Register of Historic Kansas Places nominations:

Ferdinand Fuller House 1005 Sunset Drive, Lawrence, Douglas County Potters Opera House 110 Walnut, Coolidge, Hamilton County Lanes Stable 1132 W. 11th St., Lawrence, Douglas County

Doc. No. 039043
Persons requiring special accommodations to attend the meeting should contact the Cultural Resources Division of the Kansas State Historical Society, 6425 S.W. 6th Ave., Topeka, 66615-1099, (785) 272-8681, ext. 240, at least two weeks prior to the meeting to discuss how the board may ensure participation. Jennie Chinn Executive Director
Doc. No. 039054
Vol. 30, No. 2, January 13, 2011
20
State of Kansas
Kansas Register
Notice to Bidders
Notices
Controllers Office/Purchasing, 21 Anderson Hall, Kansas State University, Manhattan, KS 66506. Pittsburg State University Bid postings: www.pittstate.edu/ office/purchasing. Additional contact info: phone: 620-235-4169, fax: 620-235-4166, e-mail: jensch@pittstate.edu. Mailing address: Pittsburg State University, Purchasing Office, 1701 S. Broadway, Pittsburg, KS 66762-7549. University of Kansas Electronic bid postings: http:// www.purchasing.ku.edu/. Paper bid postings and mailing address: KU Purchasing Services, 1246 W. Campus Road, Room 30, Lawrence, KS 66045. Additional contact info: phone: 785864-5800, fax: 785-864-3454, e-mail: purchasing@ku.edu. University of Kansas Medical Center Bid postings: http:// www2.kumc.edu/finance/purchasing/bids.html. Additional contact info: phone: 913/588-1100, fax: 913/588-1102. Mailing address: University of Kansas Medical Center; Purchasing Department, Mail Stop 2034; 3901 Rainbow Blvd., Kansas City, KS 66160 Wichita State University Bid postings: www.wichita.edu/purchasing. Additional contact info: phone: 316-978-3030, fax: 316978-3528. Mailing address: Wichita State University, Office of Purchasing, 1845 Fairmount Ave., Campus Box 12, Wichita, KS 67260-0012.
Sealed bids for items listed will be received by the Director of Purchases until 2 p.m. on the date indicated. For more information, call (785) 296-2376:
01/25/2011 02/11/2011 EVT0000361 Agricultural Services El Dorado EVT0000358 Print Stock and Associated Services
02/01/2011 A-010945(B) Decentralization of Facility Heating Phase III, Winfield Correctional Facility, Winfield
Doc. No. 038494

Doc. No. 039056
State of Kansas
Office of the Governor

Notice of Available Grant Funding The John R. Justice (JRJ) Grant Program is administered by the U. S. Department of Justice, Bureau of Justice Assistance. The JRJ Grant Program was codified at 42 U.S.C. 3797cc-21 and named for the late John Reid Justice of South Carolina to encourage qualified attorneys to choose careers as government prosecutors and public defenders and to continue in that service. The criminal justice system faces a challenge of retaining qualified prosecutors and public defenders who serve everyday to ensure that our communities are protected, the rule of law is upheld, and the rights of citizenry are safeguarded. Student loan debt is consistently cited as the overwhelming reason why attorneys decline or leave positions as government prosecutors and public defenders. The JRJ Grant Program provides loan repayment assistance for local, state and federal government public defenders and local and state government prosecutors who commit to continued employment as public defenders and prosecutors for at least three (3) years. An attorney must not be in default on repayment of any federal student loans. For a copy of the application, contact the Governors Grants Program at (785) 291-3205 or by e-mail to John Cronister at john.cronister@ks.gov. All applications must be submitted by 5 p.m. February 21. Juliene Maska, Administrator Governors Grants Program
Doc. No. 039057
State of Kansas

Emporia State University Bid postings: www.emporia.edu/ busaff/purchasing/vendor-procedures.htm. Additional contact info: phone: 620-341-5145, fax: 620-341-5073, e-mail: thouse@ emporia.edu. Mailing address: Emporia State University, Controllers Office/Purchasing, Campus Box 4021, 1200 Commercial, Emporia, KS 66801. Fort Hays State University Bid postings: www.fhsu.edu/bids. Additional contact info: phone: 785-628-4251, fax: 785-628-4046, e-mail: purchasing@fhsu.edu. Mailing address: Fort Hays State Purchasing Office, 601 Park St., 318 Sheridan Hall, Hays, KS 67601. Kansas State University Bid postings: www.k-state.edu/purchasing/rfq. Additional contact info: phone: 785-532-6214, fax: 785-532-5577, e-mail: kspurch@k-state.edu. Mailing address:
Vol. 30, No. 2, January 13, 2011
Corporations Forfeited/Notices
State of Kansas
Kansas Register
State of Kansas
21
Secretary of State
Notice of Corporations Forfeited In accordance with K.S.A. 17-7510, the articles of incorporation of the following corporations organized under the laws of Kansas and the authority of the following foreign corporations authorized to do business in Kansas were forfeited during the month of December 2010 for failure to timely file an annual report and pay the annual report fee as required by the Kansas general corporation code: Domestic Corporations
Abilene B.P.O. Elks Lodge No. 1675, Inc., Abilene, KS. BBS Press Service, Inc., Bonita Springs, FL. Beauty Warehouse of Kansas City, Inc., Kansas City, MO. Bengal Homes, Inc., Olathe, KS. Coffeyville Cultural Arts Council, Inc., Coffeyville, KS. Deaf Hope Inc., Shawnee Mission, KS. Fagan Bus Service, Inc., Burlingame, KS. Forever Crowned With Glory Ministry of Training Inc., Wichita, KS. Gathright Development Co., Leawood, KS. Heartland Humanists, Inc., Shawnee Mission, KS. Hip Pocket, Inc., Ellsworth, KS. Justbill Inc., Lawrence, KS. Kansas Center for Performance Excellence, Inc., Overland Park, KS. Kansas Kids Hunt Inc., Paola, KS. Love Inc., Lebanon, KS. Max Distributing Inc., Wichita, KS. Neumann-Wheatley Farms, Inc., Isabel, KS. North Central Manufactured Housing Institute, Inc., Lincoln, NE. Osawatomie Lodge No. 921, Benevolent and Protective Order of Elks of the United States of America, Osawatomie, KS. Pole Cravers Inc., Junction City, KS. Prairie Fire Bioenergy Cooperative, Healy, KS. Roofmart International, Inc., Chapman, KS. Roofmart Warranty Services, Inc., Chapman, KS. Snow Tiger Enterprises, Inc., Bella Vista, AR. Superior Synthetic Slings Inc., Wichita, KS. Ten Thousand Villages - Newton, Kansas, Inc., Newton, KS. The Cowtown Cowboys Limited, Wichita, KS. Tiger Power/Multi-Power Inc., Leoti, KS.
Department of Administration Division of Accounts and Reports

Public Notice Under requirements of K.S.A. 2010 Supp. 65-34,117(c), records of the Division of Accounts and Reports show the unobligated balances are $5,476,608.69 in the Underground Petroleum Storage Tank Release Trust Fund and $4,295,055.41 in the Aboveground Petroleum Storage Tank Release Trust Fund at December 31, 2010. Kent E. Olson Director of Accounts and Reports
Doc. No. 039045
State of Kansas

Notice Concerning Kansas/Federal Water Pollution Control Permits and Applications In accordance with Kansas Administrative Regulations 28-16-57 through 63, 28-18-1 through 15, 28-18a-1 through 32, 28-16-150 through 154, 28-46-7, and the authority vested with the state by the administrator of the U.S. Environmental Protection Agency, various draft water pollution control documents (permits, notices to revoke and reissue, notices to terminate) have been prepared and/or permit applications have been received for discharges to waters of the United States and the state of Kansas for the class of discharges described below. The proposed actions concerning the draft documents are based on staff review, applying the appropriate standards, regulations and effluent limitations of the state of Kansas and the Environmental Protection Agency. The final action will result in a Federal National Pollutant Discharge Elimination System Authorization and/or a Kansas Water Pollution Control permit being issued, subject to certain conditions, revocation and reissuance of the designated permit or termination of the designated permit. Public Notice No. KS-AG-11-004-010 Pending Permits for Confined Feeding Facilities
Name and Address of Applicant Wickstrum Cattle LLC Larry Wickstrum 11870 Hwy. 13 Westmoreland, KS 66549 Legal Receiving Description Water SW/4 of Section 09 Kansas River & NW/4 of Section Basin 16, T08S, R08E, Pottawatomie County Kansas Permit No. A-KSPT-C006 Federal Permit No. KS0100145 This is a new permit for a new facility for 13,000 head (13,000 animal units) of cattle weighing more than 700 pounds. The proposed construction includes open lot pens and a truck wash with a waste control system consisting of three earthen waste storage ponds and associated diversion channels and settling basins. Name and Address Legal Receiving of Applicant Description Water Moore Feeders NW/4 of Section 13, Neosho River Douglas Moore T22S, R14E, Coffey Basin 759 Homestead Road County Gridley, KS 66852 Kansas Permit No. A-NECF-B002 This is a new permit for an expanding facility for a maximum capacity of 700 head (700 animal units) of cattle weighing greater than 700 (continued)
Foreign Corporations
C&P Construction Company, Lenexa, KS. Collision Automotive Repair Services, Inc., Claremore, OK. Curtis Glass Company, Troy, MI. D & R Mortgage Corp., Farmington Hills, MI. Hensel Phelps Construction Co., Greeley, CO. Infor Global Solutions (Michigan), Inc., Alpharetta, GA. Keller RV, LLC Oakley, KS. KKE Architects, Inc., Minneapolis, MN. The American Citadel Guard, Inc., Lake Charles, LA.
Kris W. Kobach Secretary of State

Doc. No. 039050
Vol. 30, No. 2, January 13, 2011
22
Kansas Register
pounds. Proposed modifications to the facility include the construction of open lot pens, a sediment basin, and a vegetative treatment area.
Notice
Name and Address Legal Receiving of Applicant Description Water Rutti Farm W/2 of Section 08, Lower Arkansas Gerald Rutti T22S, R13W, River Basin 1346 NW 20th Ave. Stafford County St. John, KS 67576 Kansas Permit No. A-ARSF-S009 This permit is being reissued for an existing swine facility for 1,200 head (480 animal units) of swine weighing more than 55 pounds. There is no change in the permitted animal units from the previous permit. The permit contains modifications to the facility consisting of modifying two enclosed buildings with concrete pits located below each building for waste storage. The animal units at the facility will not change as a result of the proposed modifications. Name and Address Legal Receiving of Applicant Description Water Mayfield Dairy SW/4 of Section 25, Lower Arkansas Clifford Miller T24S, R05W, Reno River Basin 10618 S. Mayfield Road County Haven, KS 67543 Kansas Permit No. A-ARRN-M041 This permit is being reissued for an existing facility for 40 head (56 animal units) of mature dairy cattle and 2 head (4 animal units) of horses for a total permitted capacity of 60 animal units. This represents an increase in permitted animal units from the previous permit. Name and Address Legal Receiving of Applicant Description Water Rempe Farms LLC NW/4 of Section 25 Missouri River Dan & John Rempe & NE/4 of Section Basin 6512 Atlantic St. 26, T04S, R12E, Corning, KS 66417 Nemaha County Kansas Permit No. A-MONM-S024 This permit is being reissued for an existing facility with a maximum capacity of 30 head (12 animal units) of swine more than 55 pounds, 700 head (70 animal units) of swine 55 pounds or less, 234 head (234 animal units) of cattle more than 700 pounds and 24 head (12 animal units) of cattle 700 pounds or less, for a total of 988 head (328 animal units). This represents a decrease in animal units from the previous permit due to a facility downsize. Name and Address Legal Receiving of Applicant Description Water Courtney Clarke NW/4 of Section 34, Lower Arkansas 620 State Road 14 T18S, R08W, Rice River Basin Lyons, KS 67554 County Kansas Permit No. A-ARRC-B004 This permit is being reissued for an existing facility with a maximum capacity of 400 head (200 animal units) of beef cattle 700 pounds or less. There is no change in the permitted animal units from the previous permit. Name and Address Legal Receiving of Applicant Description Water Prime Pork L.L.C. Unit #1 SW/4 of Section 13, Upper Arkansas Kevin Deniston T18S, R34W, Scott River Basin 440 N. Eagle Road County Scott City, KS 67871 Kansas Permit No. A-UASC-H001 Federal Permit No. KS0038091 This permit is being reissued for an existing swine facility for 6,350 head (2,540 animal units) of swine weighing more than 55 pounds and 2,880 head (288 animal units) of swine weighing 55 pounds or less, for a total permitted capacity of 2,828 animal units. There is no change in the permitted animal units from the previous permit. An approved nutrient management plan for the facility is on file with KDHE.
Public Notice No. KS-Q-11-001 The requirements of the draft permits public noticed below are pursuant to the Kansas Surface Water Quality Standards, K.A.R. 28-16-28(b-f), and Federal Surface Water Criteria:
Name and Address Receiving Type of of Applicant Stream Discharge The Goodyear Tire & Kansas River via Process Rubber Company Soldier Creek Wastewater P.O. Box 1069 Topeka, KS 66601 Kansas Permit No. I-KS72-PO02 Federal Permit No. KS0001643 Legal Description: NE14, S13, T11S, R15E, Shawnee County Facility Description: This facility is engaged in the manufacture of truck, off-road and specialty tires. A two-section oil/water separator and retention basin (Northwest Retention Basin) receives cooling and process water from Plant II and sump wastewater from throughout the site. Outfall 002X1 is maintained as nondischarging by returning the wastewater by vacuum truck to the IPWTP for treatment. Discharge is from Outfall 001X at the IPWTP.
Persons wishing to comment on the draft documents and/or permit applications must submit their comments in writing to the Kansas Department of Health and Environment if they wish to have the comments considered in the decision-making process. Comments should be submitted to the attention of the Livestock Waste Management Section for agricultural-related draft documents or applications, or to the Technical Services Section for all other permits, at the Kansas Department of Health and Environment, Division of Environment, Bureau of Water, 1000 S.W. Jackson, Suite 420, Topeka, 66612-1367. All comments regarding the draft documents or application notices received on or before February 12 will be considered in the formulation of the final determinations regarding this public notice. Please refer to the appropriate Kansas document number (KS-AG-11-004/010, KS-Q11-001) and name of the applicant/permittee when preparing comments. After review of any comments received during the public notice period, the Secretary of Health and Environment will issue a determination regarding final agency action on each draft document/application. If response to any draft document/application indicates significant public interest, a public hearing may be held in conformance with K.A.R. 28-16-61 (28-46-21 for UIC). All draft documents/applications and the supporting information including any comments received are on file and may be inspected at the offices of the Kansas Department of Health and Environment, Bureau of Water. These documents are available upon request at the copying cost assessed by KDHE. Application information and components of plans and specifications for all new and expanding swine facilities are available on the Internet at http://www.kdheks.gov/feedlots. Division of Environment offices are open from 8 a.m. to 5 p.m. Monday through Friday, excluding holidays. Robert P. Moser Acting Secretary of Health and Environment
Doc. No. 039052
Vol. 30, No. 2, January 13, 2011
Notice/Bond Sale
State of Kansas
Kansas Register
23
Department of Revenue
Notice of Available Publications Listed below are all the Private Letter Rulings, Opinion Letters, Final Written Determinations, Revenue Rulings, Memorandums, Property Valuation Division Directives, Q&As, Information Guides and Notices published by the Department of Revenue for December 2010. Copies can be obtained by accessing the Policy Information Library located on the Internet at www.ksrevenue.org or by calling the Office of Policy and Research at (785) 296-3081. Private Letter Rulings
P-2010-010 Monthly dues and assessments paid to homeowners association.
Bond Details The bonds will consist of fully registered bonds in the denomination of $5,000 or any integral multiple thereof. The bonds will be dated February 15, 2011 (the dated date), and will become due September 1 in the years as follows:
Year Principal Amount*
Opinion Letters
No new publications
Final Written Determinations

No new publications
Revenue Rulings
No new publications
Notices
No new publications
Memorandums
No new publications
Property Valuation Division Directives

No new publications
Q&As
No new publications
Information Guides
No new publications
Nick Jordan Acting Secretary of Revenue

Doc. No. 039044
Summary Notice of Bond Sale City of Bonner Springs, Kansas $4,705,000* General Obligation Bonds Series 2011-A (General obligation bonds payable from unlimited ad valorem taxes) Bids Subject to the Notice of Bond Sale dated January 17, 2011, bids will be received by the city clerk of the city of Bonner Springs, Kansas, on behalf of the governing body at City Hall, 205 E. 2nd St., Bonner Springs, KS 66012, or, in the case of electronic proposals, via PARITY electronic bid submission system, until 1 p.m. Central Time January 24, 2011, for the purchase of $4,705,000* principal amount of General Obligation Bonds, Series 2011-A. No bid of less than the entire par value of the bonds, plus accrued interest to the date of delivery, will be considered.
2011 $220,000 2012 175,000 2013 180,000 2014 180,000 2015 185,000 2016 195,000 2017 200,000 2018 205,000 2019 210,000 2020 220,000 2021 225,000 2022 235,000 2023 245,000 2024 255,000 2025 265,000 2026 275,000 2027 290,000 2028 300,000 2029 315,000 2030 330,000 The bonds will bear interest from the dated date at rates to be determined when the bonds are sold as provided in the Notice of Sale, which interest will be payable semiannually on March 1 and September 1 in each year, beginning September 1, 2011. A bidder may elect to have all or a portion of the bonds scheduled to mature in consecutive years issued as term bonds subject to the requirements set forth in the Notice of Sale. Paying Agent and Bond Registrar Kansas State Treasurer, Topeka, Kansas. Good Faith Deposit The bidder for the bonds shall provide the city with a cashiers or certified check drawn on a bank located in the United States, a financial surety bond in a form that complies with the requirements set forth in the Notice of Sale or the wire transfer of same-day funds in accordance with the requirements set forth in the Notice of Sale in an amount equal to 2 percent of the principal amount of the bonds for which the bid is submitted. Delivery The city will pay for preparation of the bonds and will deliver the same properly prepared, executed and registered without cost to the successful bidder on or about February 16, 2011, at the offices of the Depository Trust Company, New York, New York. Assessed Valuation and Indebtedness The equalized assessed tangible valuation for computation of bonded debt limitations for the year 2010 is $75,226,190. The total general obligation indebtedness of the city as of the date of the bonds, including the bonds being sold, is $29,180,000. Temporary notes in the amount
(continued)
Vol. 30, No. 2, January 13, 2011
24
Kansas Register
Bond Sale/Hearings
of $4,890,000 will be redeemed with the proceeds of the bonds and other available funds of the city on March 1, 2011. Approval of Bonds The bonds will be sold subject to the legal opinion of Kutak Rock LLP, Kansas City, Missouri, bond counsel, whose approving legal opinion as to the validity of the bonds will be furnished and paid for by the city and delivered to the successful bidder when the bonds are delivered. Additional Information Additional information regarding the bonds may be obtained from the city clerk at (913) 667-1716; from the citys financial advisor, George K. Baum & Company, Plaza Colonnade, 4801 Main St., Suite 500, Kansas City, MO 64112, Attention: David Arteberry, (816) 474-1100; or from bond counsel, Kutak Rock LLP, 1010 Grand Blvd., Suite 500, Kansas City, MO 64106-2220, (816) 960-0090, Attention: Dorothea Riley. Dated January 6, 2011. City of Bonner Springs, Kansas By Rita Hoag, City Clerk City Hall 205 E. 2nd St. Bonner Springs, KS 66012
*Subject to change.
Doc. No. 039053
State of Kansas
Department of Agriculture Division of Water Resources

Notice of Hearing on Proposed Administrative Regulations A public hearing will be conducted at 1:30 p.m. Wednesday, March 16, in the fourth floor training room of the Kansas Department of Agriculture, 109 S.W. 9th, Topeka, to consider the adoption of proposed regulations. A summary of the proposed regulations and their economic impact follows: K.A.R. 5-21-4 The proposed amendments close the Western Kansas Groundwater Management District No. 1 (GMD 1) to new appropriations of water in the portions of the unconsolidated aquifers commonly known as the Ogallala formation and the Niobrara formation that are located within the district. Economic Impact Statement: The proposed amendments will not result in any significant fiscal impact to other governmental agencies, businesses or individuals. Legislation passed in the 2010 session resulted in the protection against the forfeiture of a water right from abandonment if the water right as a source that is groundwater, is located in an area closed by rule and regulation, and has a diversion works that can be used within a reasonable time. The regulation amendment closes the GMD 1 by rule. Therefore, water rights located in GMD 1 that have groundwater sources are protected from forfeiture from abandonment as long as they maintain a diversion works that can be used within a reasonable time. While
this is perceived as a benefit to existing water rights in GMD 1, the KDA does not have a determination of the fiscal impact to the water right holders. Environmental Impact: No significant impact could be identified resulting from the proposed amendment. K.A.R. 5-7-1 The proposed amendment to the regulation adds a condition for due and sufficient cause for non-use under a water right if water use is temporarily discontinued because a contract between the water right owner (producer) and a groundwater management district (GMD) exists committing the producer to forego use of water authorized by a water right for a definite fiveto ten-year period to conserve water. The non-use contract will provide additional ranking consideration for eligibility for the federal Environmental Quality Incentive Program (EQIP). The regulated community and the GMDs believe participation would not exist in the EQIP if their contract was not listed as a due and sufficient cause for non-use in K.A.R. 5-7-1. Economic Impact Statement: The proposed amendment will result in a fiscal impact to the department that equates to two hours of environmental scientist II staff time at $33.71 salary and fringe per hour and one hour of administrative assistant data entry staff time at $20.43 salary and fringe per hour per contract processed. Therefore, each contract will have a total of an $87.85 fiscal impact on average to the KDA. The KDA cannot anticipate the number of contracts that will be filed; therefore, a total fiscal impact cannot be calculated at this time. The proposed amendments will not result in any significant fiscal impact to other governmental agencies or businesses. There will be a fiscal impact to the GMDs. Based on similar programs, two hours of GMD staff time could be utilized on each contract completed and processed. The proposed amendment will allow a positive fiscal impact benefit to individual water right holders. If qualified, the EQIP will pay a producer $150 per acre per year for three years of enrollment with four years of practice. In addition, GMD 5 is paying producers in their district $125 per acre for the fourth year to the first 800 acres enrolled. Total enrollment program wide is not known. Environmental Impact: There will be an undetermined positive water conservation impact due to five to ten years of not pumping water under participating water rights. This 60-day notice of the public hearing shall constitute a public comment period for the purpose of receiving written public comments on the proposed rules and regulations. All interested parties may submit written comments prior to the hearing to the Chief Engineer, Department of Agriculture, Division of Water Resources, 109 S.W. 9th, 2nd Floor, Topeka, 66612, or by e-mail at leslie.garner@kda.ks.gov. Comments also may be made through the departments Web site at http://www. ksda.gov, under the proposed regulation. All interested parties will be given a reasonable opportunity to present their views orally on the adoption of the proposed regulations during the hearing. In order to give all parties an opportunity to present their views, it may be necessary to request that each participant limit any oral presentation to five minutes. These regulations are proposed for adoption on a permanent basis.
Vol. 30, No. 2, January 13, 2011
Hearing/Regulations
Kansas Register
25
Any individual with a disability may request accommodation in order to participate in the public hearing and may request the proposed regulations and impact statements in an accessible format. Requests for accommodation should be made at least five working days in advance of the hearing by contacting Leslie Garner at (785) 2964623 or fax (785) 368-6668. Handicapped parking is located at the southwest corner of 9th and Kansas Ave., and the north entrance to the building is accessible to individuals with disabilities. Copies of the regulations and their economic impact statements may be obtained by contacting Leslie Garner at the contact information above or by accessing the departments Web site at http://www.ksda.gov. David W. Barfield Chief Engineer Division of Water Resources
Doc. No. 039046
2001; amended Jan. 18, 2008; amended, T-4-1-5-11, Jan. 5, 2011.) Josh Svaty Secretary of Agriculture
Doc. No. 039051
State of Kansas
Permanent Administrative Regulations Article 4.INVESTMENTS IN MAJOR PROJECTS AND COMPREHENSIVE TRAINING (IMPACT) ACT 110-4-1. Definitions. As used in these regulations and for purposes of administering the IMPACT act, the following terms shall have the following meanings: (a) Department means department of commerce. (b) Existing job means a job of an employer meeting the following criteria: (1) Has the same or similar description, or involves performing the same or a similar function as that for a job being created by that employer; and (2) was filled or in use within the 18 months before the date of filing an application with the secretary for funding from the IMPACT program services fund, unless the job was lost due to an act of God and the secretary finds that the IMPACT program or project will be a major factor for the Kansas basic enterprise to remain in Kansas. (c) Maximum funding amount means the maximum dollar amount for which a qualified project would be eligible under the IMPACT act, assuming that sufficient funds exist to fund the maximum dollar amount permitted for all qualified projects as determined by the secretary according to K.A.R. 110-4-2(c). (d) MPI means major project investment as defined in K.S.A. 74-50,103 and amendments thereto. (e) Project cost for a qualified project means the total of program costs and the cost of program services as these terms are defined by K.S.A. 74-50,103 and amendments thereto. (f) Qualified project means any project described in an application that has been determined by the secretary to be complete, in compliance with the funding limitations set forth in the IMPACT act, and qualified for funding from the IMPACT program services fund. (Authorized by and implementing K.S.A. 2009 Supp. 74-50,104; effective, T-110-3-27-92, March 27, 1992; effective, T-1107-23-92, July 23, 1992; effective Sept. 8, 1992; amended Aug. 29, 1997; amended, T-110-5-31-01, May 31, 2001; amended Sept. 21, 2001; amended Jan. 28, 2011.) 110-4-2. Review standards and priorities for approval of proposed agreements; limits on program costs and on project and program size. (a) Each proposal for an agreement concerning a SKILL project or a combined SKILL project and financial assistance through an MPI shall be submitted by an employer to the secretary. Each proposal for an agreement concerning only financial assistance through an MPI shall be submitted by an employer to the secretary. Each proposal shall be submitted
(continued)
State of Kansas
Department of Agriculture
Temporary Administrative Regulations Article 3.COMMERCIAL FEEDING STUFFS 4-3-47. Adoption by reference. (a) The following portions of the 2010 official publication copyrighted in 2010 by the association of American feed control officials incorporated are hereby adopted by reference and shall apply to commercial feeding stuffs in this state: (1) Regulations 1 through 13 of the AAFCO model good manufacturing practice regulations for feed and feed ingredients on pages 128 through 132, with the following changes: (A)(i) In the first sentence of regulation 1, section 3 of the model bill shall be replaced with K.S.A. 2-1001, and amendments thereto; and (ii) in the definition of adulteration in regulation 1, section 7(a) of the model bill shall be replaced with K.S.A. 65-664, and amendments thereto; and (B) in the second sentence of regulation 11(b), the blank line following agents of the shall be replaced with Kansas department of agriculture; (2) the text titled official feed terms on pages 314 through 323; and (3) the text titled official names and definitions of feed ingredients as established by the association of American feed control officials on pages 324 through 415. (b) Copies of the material adopted by reference in this regulation may be obtained from the office of the agricultural commodity assurance program, Kansas department of agriculture, Topeka, Kansas. (Authorized by K.S.A. 2-1011 and K.S.A. 2009 Supp. 2-1013; implementing K.S.A. 2009 Supp. 2-1002 and K.S.A. 2009 Supp. 21013; effective May 1, 1981; amended May 1, 1982; amended May 1, 1984; amended May 1, 1988; amended Oct. 21, 1991; amended Dec. 12, 1994; amended June 15,
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as an application on a form provided by the secretary. Each proposal shall include the following, as applicable: (1) General information, as follows: (A) The project start and end dates; (B) the employers legal name; (C) the employers code designation according to the North American industry classification system (NAICS), as established by the executive office of the president, office of management and budget, dated 2007; (D) a description of the employers business operation or industry; (E) the employers federal taxpayer identification number; (F) the name and title of the employers designated contact person; (G) the electronic mail address of the employers contact person; (H) the employers mailing address; (I) the address of the project facility; (J) the phone number and fax number of the contact person; (K) the total number of existing jobs in the state, including annual average wage; (L) the estimated capital investment; (M) the projected number of new jobs and retrained jobs, including annual average wage; (N) the performance percentage of the new and retrained jobs; (O) a description of the type of training; (P) a summary of the benefits package offered by a company; and (Q) the anticipated hiring schedule for all positions; (2) a description of the companys business operations, including the following: (A) A company overview, including a brief company history and current information; (B) a summary of the financial condition of the company; and (C) a description of type of products or services; (3) if a company will be using a Kansas educational institution for direct services, the following information for each participating institution: (A) The name of the educational institution; (B) the educational institutions address; (C) the name and title of the contact person; (D) the phone number and fax number of the contact person; (E) the electronic mail address of the contact person; (F) the federal identification number; (4) for any proposal that includes a SKILL project, information relating to the new jobs or retrained jobs, as follows: (A) A summary of the type of training or instruction to be provided to each trainee; (B) the number of hours of instruction for each trainee by course area or title; (C) the salaries of instructors, including the number of hours of instruction and hourly rates; (D) the costs of adult basic education and job-related instruction; (E) the costs of vocational and skill-assessment services and testing;
(F) the costs for lease of training equipment, including the costs of installation; (G) the costs to the educational institution for purchase of training equipment, including the costs of installation; (H) the costs of training materials and supplies; (I) the costs of services with educational institutions, federal, state, or local agencies, vendors, or consultants; (J) the costs of contractual or professional services; (K) the training curriculum planning and development costs; (L) the costs of textbooks, manuals, audiovisual materials, or other training aids; (M) the travel expenses of trainers or trainees; (N) the costs of temporary training facilities; (O) the amount, if any, of tuition, student fees, or special charges included in the project costs; (P) the total estimated project costs; (Q) the amount of project costs proposed to be paid by the employer, by the educational institution, and by federal, state, or other public or private grants; (R) the amount of project costs requested to be paid from the IMPACT program services fund; and (5) for any proposal that includes a request for financial assistance through an MPI, information relating to the financial assistance requested as follows: (A) An itemization of the business costs to be paid through an MPI, and the estimates of these business costs; (B) background information relating to the undertaking and an explanation of how the financial assistance provided through an MPI will contribute to the relocation of the employer in the state; and (C) if the proposal includes only a request for financial assistance through an MPI, an explanation of the training or education programs to be undertaken or funded by the employer for its employees each year during the term of the agreement, with evidence demonstrating that the employer will meet the minimum training and education requirement in K.S.A. 74-50,106(d)(1), and amendments thereto; and (D) for all proposals, any other information deemed necessary by the secretary. (b) Each application shall be reviewed by the secretary for completeness and compliance with the funding limitations in the IMPACT act. Additional data may be requested by the secretary to verify the accuracy and completeness of the information in an application. The review of each application shall be completed by the secretary within 30 days of the date a complete application is filed. (c)(1) The best method of funding the qualified projects shall be determined by the secretary and the funding requirements of part or all of two or more qualified projects may be pooled to facilitate the issuance of bonds by the Kansas development finance authority. One or more qualified projects may be funded from amounts on deposit or anticipated to be on deposit in the IMPACT program services fund that are not required to be used to pay program costs for other qualified projects. (2) The maximum funding amount for any qualified project may be funded in more than one increment as may be necessary to accommodate the needs, funding re-
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sources, and limitations of the IMPACT program. However, the sum of these increments shall not exceed the maximum funding amount for the qualified project. The determinations by the secretary as to whether a qualified project will be funded in increments and the amount of these increments shall be made on the basis of the considerations listed in subsection (d). (d) The following factors shall be used to determine whether a qualified project should be funded and the amount of the funding. If two or more qualified projects compete for limited funds, these same factors shall be applied to determine the level of funding for each project: (1) The per capita cost of training expenses to be funded from the IMPACT program services fund; (2) the amount of funds used to pay project costs from sources other than funds from the IMPACT program services fund; (3) the local economic needs and the impact of the project, including current local employment conditions, resultant new economic activity, the project schedule, leveraging of other resources, beneficial impact on the tax base and project feasibility, as well as the probability that the project will accomplish the projected benefits; (4) the quality of jobs to be created, with priority given to those full-time jobs that have a higher wage scale, higher benefit levels, a low turnover rate, an opportunity for career development or advancement, or other related factors; (5) the extent to which the project is being coordinated with other projects of that applicant or other applicants to be funded from the IMPACT program services fund. Priority shall be given to projects that are able to share training facilities, instructors, training equipment, and other program services; (6) the extent to which the project or components of the project do not duplicate existing training resources; (7) the extent to which the project utilizes funds in the most efficient and effective manner to train employees. Each proposal that includes a SKILL project shall demonstrate that a reasonable effort has been made to investigate alternate training methods and has selected the most efficient and effective method of training; (8) the extent to which funding from the IMPACT program services fund is essential to the training of the employees, the creation of the new jobs, or both; (9) the extent to which the employer requesting assistance can continue in business at the levels necessary to retain the new jobs created for the periods indicated in its application if provided with the requested assistance; (10) the extent to which the employer intends to continue its operations in Kansas for the periods indicated in its application; (11) if an MPI is requested, the extent to which the project utilizes funds in the most efficient and effective manner to defray business costs; (12) the extent to which the business costs to be defrayed and paid through an MPI are directly related to the creation of new jobs in Kansas; and (13) the extent to which the financial assistance provided through an MPI will confer benefits on the state, the community, local educational institutions or other persons or entities in addition to the benefits it will confer
on the employer. (Authorized by K.S.A. 2009 Supp. 7450,104, 74-50,106; implementing K.S.A. 2009 Supp. 7450,104, 74-50,105, 74-50,106; effective, T-110-3-27-92, March 27, 1992; effective, T-110-7-23-92, July 23, 1992; effective Sept. 8, 1992; amended Aug. 29, 1997; amended Jan. 28, 2011.) 110-4-3. Limit on maximum funding amount. The limitation on program costs specified in K.S.A. 7450,104(b), and amendments thereto, of the IMPACT act shall limit only the maximum funding amount for each qualified project and shall not limit the amount of project costs that are to be paid from sources other than the IMPACT program services fund. (Authorized by K.S.A. 2009 Supp. 74-50,104; implementing K.S.A. 2009 Supp. 7450,104, 74-50,105; effective, T-110-3-27-92, March 27, 1992; effective, T-110-7-23-92, July 23, 1992; effective Sept. 8, 1992; amended Aug. 29, 1997; amended Jan. 28, 2011.) 110-4-4. Enforcement of agreements by the secretary. Each agreement, as defined by K.S.A. 74-50,103 and amendments thereto, shall be enforced by the secretary. In order to facilitate enforcement by the secretary, each agreement shall include the department as a party to the agreement with enforcement rights. (Authorized by K.S.A. 2009 Supp. 74-50,104; implementing K.S.A. 2009 Supp. 74-50,104, 74-50,105; effective, T-110-3-27-92, March 27, 1992; effective, T-110-7-23-92, July 23, 1992; effective Sept. 8, 1992; amended Aug. 29, 1997; amended Jan. 28, 2011.) 110-4-5. Compliance with K.S.A. 74-50,106(d), and amendments thereto. (a) Each employer receiving financial assistance through an MPI shall comply with K.S.A. 74-50,106(d) and amendments thereto. For purposes of complying with K.S.A. 74-50,106(d)(1) and amendments thereto, the employer shall make an investment in training and education of the employers employees in each of the employers fiscal years during the term of the agreement. (b) Training and education expenditures that qualify for compliance with K.S.A. 74-50,106(d)(1), and amendments thereto, shall include those expenditures made for all necessary and incidental costs of providing the following: (1) New jobs training, including training development costs; (2) adult basic education and job-related instruction; (3) vocational and skill-assessment services and testing; (4) training materials and supplies; (5) subcontracted services with educational institutions, private colleges or universities, or federal, state, or local agencies; (6) contractual or professional services; and (7) wages paid to persons receiving education or training, but only for the periods during which the person is receiving classroom training. (Authorized by and implementing K.S.A. 2009 Supp. 74-50,104 and 74-50,106; effective Aug. 29, 1997; amended Jan. 28, 2011.) William R. Thornton Secretary of Commerce
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AGENCY 1: DEPARTMENT OF ADMINISTRATION Reg. No. 1-2-64 1-2-65 1-7-3 1-7-4 1-7-6 1-7-7 1-7-10 1-7-11 1-7-12 1-14-8 1-16-8 1-16-15 1-16-18 1-16-18a 1-16-20 Reg. No. 3-3-1 3-3-1 3-3-2 3-3-2 3-4-1 3-4-2 3-4-4 3-4-5 3-4-6 3-4-7 Action New New Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Action Amended (T) Amended Amended (T) Amended Amended Amended Amended Amended Revoked Amended Register V. 28, p. 1338 V. 28, p. 1338 V. 28, p. 1338 V. 28, p. 1338 V. 28, p. 1339 V. 28, p. 1339 V. 28, p. 1339 V. 28, p. 1340 V. 28, p. 1340 V. 28, p. 1341 V. 29, p. 676 V. 29, p. 677 V. 29, p. 677 V. 29, p. 678 V. 29, p. 680 Register V. 27, p. 1091 V. 27, p. 1517 V. 29, p. 702 V. 30, p. 9 V. 28, p. 1716 V. 28, p. 1716 V. 28, p. 1716 V. 28, p. 1717 V. 28, p. 1717 V. 28, p. 1717
Kansas Register
4-13-1 4-13-2 4-13-3 4-13-9 4-13-11 4-13-13 4-13-14 4-13-16 4-13-17 4-13-18 4-13-20 4-13-21 4-13-22 4-13-23 4-13-24 4-13-25 4-13-25b through 4-13-25h 4-13-25i 4-13-25j 4-13-25k 4-13-25l 4-13-25m 4-13-30 4-13-33 4-13-40 4-13-41 4-13-42 4-13-60 4-13-61 4-13-62 4-13-64 4-13-65 4-15-5 4-15-11 4-15-12 4-15-13 4-15-14 4-16-1a 4-16-1c 4-16-7a 4-16-300 4-16-301 4-16-302 4-16-303 4-16-304 4-16-305 4-17-300 4-17-301 4-17-302 4-17-303 4-17-304 4-17-305 4-20-11 4-27-1 through 4-27-22 4-28-1 4-28-2 4-28-5 4-28-8 through 4-28-16 4-28-8 4-28-11 4-28-12 4-28-18 through 4-28-30 Amended Amended Amended Amended Revoked Amended Amended Amended Amended Amended Amended Amended Revoked Amended Amended Amended Amended Revoked Amended Amended Amended New Amended Amended Amended Revoked Revoked Amended Revoked Amended Amended Amended Amended Amended Revoked Amended Amended Amended Amended Amended Amended Revoked Amended Amended Amended Amended Amended Revoked Amended Amended Amended Amended Amended New Amended Amended Amended New Amended Amended Amended New V. 27, p. 186 V. 29, p. 69 V. 29, p. 69 V. 29, p. 71 V. 27, p. 188 V. 27, p. 188 V. 29, p. 71 V. 29, p. 71 V. 29, p. 72 V. 29, p. 72 V. 29, p. 72 V. 29, p. 72 V. 29, p. 72 V. 29, p. 72 V. 29, p. 72 V. 29, p. 1242 V. 29, p. 1243-1245 V. 29, p. 1246 V. 29, p. 1246 V. 29, p. 1246 V. 29, p. 1247 V. 29, p. 1247 V. 29, p. 72 V. 29, p. 73 V. 27, p. 1023 V. 27, p. 1023 V. 27, p. 1023 V. 27, p. 1023 V. 27, p. 1023 V. 29, p. 73 V. 27, p. 1023 V. 27, p. 1024 V. 28, p. 690 V. 27, p. 1024 V. 27, p. 1024 V. 27, p. 1024 V. 27, p. 1024 V. 27, p. 1741 V. 27, p. 1742 V. 27, p. 1024 V. 27, p. 1025 V. 27, p. 1025 V. 27, p. 1025 V. 27, p. 1025 V. 27, p. 1025 V. 27, p. 1025 V. 27, p. 1026 V. 27, p. 1026 V. 27, p. 1026 V. 27, p. 1026 V. 27, p. 1026 V. 27, p. 1027 V. 27, p. 1027 V. 29, p. 706-720 V. 29, p. 720 V. 29, p. 720 V. 27, p. 1742 V. 27, p. 191-195 V. 29, p. 721 V. 29, p. 722 V. 29, p. 722 V. 29, p. 723-725 5-3-5d 5-3-16 5-3-23 5-3-23 5-4-1 5-4-1a 5-4-2 5-5-6c 5-5-13 5-5-14 5-6-2 5-6-5 5-7-1 5-7-4 5-9-1a through 5-9-1d 5-14-3 5-14-3a 5-14-10 5-17-2 5-20-1 5-20-2 5-22-7 5-25-5 5-25-15 5-40-24 5-45-1 5-45-4 5-45-19 through 5-45-23 Reg. No. 7-16-1 (T) 7-16-1 7-16-2 7-17-1 7-17-4 7-17-11 7-17-19 7-17-21 7-17-22 7-17-24 7-21-1 7-21-2 7-21-3 7-21-4 7-23-13 7-37-2 7-38-2 7-41-1 through 7-41-7 7-41-8 7-41-9 7-41-10 through 7-41-17 7-41-18 through 7-41-29 7-41-30 7-41-31 7-41-32 7-41-33 7-41-34 7-41-35 7-45-1 7-45-2 Reg. No. 9-7-4 9-7-4 9-27-1
Amended Amended Amended (T) Amended Amended New New New Amended Amended Amended Amended Amended Amended New Amended New Amended Amended New New Amended Amended Amended Amended Amended Amended New Action Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked New Revoked Revoked Revoked Amended Revoked Revoked Amended Revoked Amended Revoked Amended Amended New New New New Action Amended (T) Amended Amended V. 27, p. 1555 V. 27, p. 1555 V. 29, p. 1338 V. 29, p. 1598 V. 29, p. 1476 V. 29, p. 1477 V. 27, p. 1556 V. 27, p. 1556 V. 27, p. 1556 V. 27, p. 1557 V. 27, p. 1557 V. 27, p. 1557 V. 29, p. 653 V. 28, p. 1715 V. 27, p. 1557, 1558 V. 28, p. 241 V. 28, p. 242 V. 27, p. 1558 V. 29, p. 654 V. 28, p. 1317 V. 28, p. 1318 V. 29, p. 596 V. 29, p. 1598 V. 29, p. 654 V. 27, p. 1438 V. 27, p. 1439 V. 27, p. 1440 V. 27, p. 1441, 1442 Register V. 29, p. 1115 V. 29, p. 1281 V. 27, p. 1548 V. 27, p. 965 V. 27, p. 966 V. 27, p. 966 V. 27, p. 966 V. 27, p. 966 V. 27, p. 966 V. 27, p. 967 V. 27, p. 967 V. 27, p. 967 V. 27, p. 967 V. 27, p. 967 V. 27, p. 968 V. 27, p. 968 V. 27, p. 968 V. 28, p. 193-195 V. 28, p. 195 V. 28, p. 195 V. 28, p. 195, 196 V. 28, p. 196 V. 28, p. 196 V. 28, p. 196 V. 28, p. 196 V. 28, p. 197 V. 28, p. 197 V. 28, p. 197 V. 27, p. 968 V. 27, p. 968 Register V. 29, p. 703 V. 29, p. 1336 V. 29, p. 1337
AGENCY 4: DEPARTMENT OF AGRICULTURE Reg. No. 4-6-1 4-6-2 4-6-3 4-7-213 4-7-716 4-7-900 4-7-901 4-7-902 4-7-903 4-7-904 4-10-1 4-10-1a 4-10-1b 4-10-2a through 4-10-2d 4-10-2e 4-10-2f through 4-10-2k 4-10-4 4-10-4a through 4-10-4f 4-10-5a 4-10-6 4-10-6a 4-10-6b 4-10-7 4-10-10 4-10-15 4-10-16 4-10-17 Action Amended Amended New Amended Amended Amended Revoked Amended Amended Amended Amended New New Revoked Amended Revoked Revoked New Amended Revoked New New Amended New Revoked Amended Revoked Register V. 28, p. 1594 V. 28, p. 1594 V. 27, p. 1741 V. 29, p. 1023 V. 29, p. 1023 V. 27, p. 1022 V. 27, p. 1022 V. 27, p. 1022 V. 27, p. 1023 V. 27, p. 1023 V. 29, p. 254 V. 29, p. 255 V. 29, p. 255 V. 29, p. 255 V. 29, p. 255 V. 29, p. 256 V. 29, p. 256 V. 29, p. 256-258 V. 29, p. 258 V. 29, p. 259 V. 29, p. 259 V. 29, p. 259 V. 29, p. 259 V. 29, p. 260 V. 29, p. 260 V. 29, p. 260 V. 29, p. 261
AGENCY 5: DEPARTMENT OF AGRICULTUREDIVISION OF WATER RESOURCES Reg. No. 5-1-1 5-1-2 5-1-4 5-1-7 5-1-9 5-2-4 5-3-3 5-3-4 5-3-4a Action Amended Amended Amended Amended Amended New Amended Amended Amended Register V. 27, p. 1549 V. 27, p. 1553 V. 29, p. 652 V. 27, p. 1553 V. 29, p. 653 V. 27, p. 1554 V. 27, p. 1554 V. 27, p. 1555 V. 28, p. 241
AGENCY 9: ANIMAL HEALTH DEPARTMENT
AGENCY 11: STATE CONSERVATION COMMISSION Reg. No. 11-6-1 through 11-6-6 11-12-1 Action Register
New Amended
V. 27, p. 1633, 1634 V. 27, p. 1374
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Revoked Revoked Amended Revoked Revoked Revoked Amended Amended Revoked Revoked New Amended Action V. 27, p. 1834 V. 27, p. 1834 V. 27, p. 1834 V. 27, p. 1834 V. 27, p. 1835 V. 27, p. 1835 V. 27, p. 1835 V. 27, p. 1835 V. 27, p. 1835 V. 27, p. 1835 V. 27, p. 1835-1837 V. 28, p. 1367 Register 28-17-12 28-19-200a 28-19-202 28-19-325 28-19-350 28-19-517 28-19-712 28-19-712a through 28-19-712d 28-19-713 28-19-713a through 28-19-713d 28-19-720 28-19-728 28-19-728a through 28-19-728f 28-19-735 28-19-750 28-19-750a 28-21-1 28-21-6 28-21-7 28-21-8 28-21-9 28-21-10 28-21-11 28-21-20a 28-21-21a 28-21-22a 28-21-23a 28-21-24a 28-21-25a 28-21-26a 28-21-27a 28-21-28a 28-21-29a 28-21-30a 28-21-31a 28-21-32a 28-21-33a 28-21-34a 28-21-35a 28-21-40a 28-21-41a 28-21-42a 28-21-43a 28-21-44a 28-21-50a 28-21-51a 28-21-52a 28-21-53a 28-21-54a 28-21-55a 28-21-56a 28-21-57a 28-21-58a 28-21-59a 28-21-60a 28-21-61a 28-21-62a 28-21-63 28-21-64 28-21-70a 28-21-71a 28-21-72a 28-21-82 through 28-21-85 28-23-4 28-23-9 28-23-10 28-23-16 28-23-20 through 28-23-24 28-23-26 through 28-23-32 28-23-34 through 28-23-36 Amended New Amended New Amended Amended New New New New Amended Revoked Revoked Amended Amended Amended Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked
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V. 28, p. 1809 V. 29, p. 1634 V. 29, p. 1509 V. 29, p. 1634 V. 29, p. 1635 V. 29, p. 1510 V. 29, p. 866 V. 29, p. 867 V. 29, p. 867 V. 29, p. 867, 868 V. 29, p. 1510 V. 29, p. 1511 V. 29, p. 1511 V. 29, p. 1511 V. 29, p. 1511 V. 29, p. 1511 V. 29, p. 725 V. 29, p. 725 V. 29, p. 725 V. 29, p. 725 V. 29, p. 725 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 27, p. 191 V. 29, p. 726 V. 29, p. 726 V. 29, p. 727
AGENCY 14: DEPARTMENT OF REVENUE DIVISION OF ALCOHOLIC BEVERAGE CONTROL Reg. No. 14-6-2a 14-6-3 14-6-4 14-8-6 14-8-7 14-8-8 14-8-12 14-11-1 14-11-4 14-11-5 14-11-6 14-11-7 14-11-9 14-11-10a 14-11-10b 14-11-10d 14-11-11 14-11-14 14-11-15 14-11-16 14-11-22 14-11-23 through 14-11-29 14-11-27 14-16-25 14-17-7 14-19-27 14-19-38 14-19-39 14-20-29 14-20-40 14-20-41 14-21-12 14-21-21 14-21-22 14-23-2 14-23-5 14-23-8 14-23-10 14-24-1 through 14-24-6 Reg. No. 16-11-1 through 16-11-5 16-11-6 16-11-7 16-11-8 Action Revoked Revoked Amended Revoked Amended Revoked Revoked New New Amended Amended Amended Amended Revoked Revoked Revoked Revoked Revoked Amended Amended New New Revoked New New Amended New New Amended New New Amended New New Amended Amended Amended Amended Revoked Action Register V. 29, p. 1306 V. 29, p. 1306 V. 29, p. 1306 V. 27, p. 1214 V. 27, p. 1214 V. 27, p. 1214 V. 27, p. 1214 V. 29, p. 1307 V. 29, p. 1307 V. 29, p. 1307 V. 29, p. 1307 V. 29, p. 1307 V. 29, p. 1307 V. 29, p. 1307 V. 29, p. 1308 V. 29, p. 1308 V. 29, p. 1633 V. 29, p. 1308 V. 29, p. 1308 V. 29, p. 1308 V. 29, p. 1633 V. 29, P. 1308-1310 V. 29, p. 1730 V. 29, p. 1310 V. 27, p. 1214 V. 29, p. 1310 V. 29, p. 1311 V. 29, p. 1311 V. 29, p. 1311 V. 29, p. 1312 V. 29, p. 1312 V. 29, p. 1313 V. 29, p. 1313 V. 29, p. 1313 V. 29, p. 1314 V. 29, p. 1314 V. 29, p. 1314 V. 29, p. 1315 V. 29, p. 1315 Register
AGENCY 26: DEPARTMENT ON AGING Reg. No. 26-39-100 through 26-39-105 26-39-100 26-39-101 26-39-105 26-39-144 26-39-243 26-39-278 26-39-427 26-40-301 through 26-40-305 26-41-101 through 26-41-106 26-41-200 through 26-41-207 26-42-101 26-42-102 26-42-104 26-42-105 26-42-200 through 26-42-207 26-43-101 through 26-43-106 26-43-200 through 26-43-207
AGENCY 28: DEPARTMENT OF HEALTH AND ENVIRONMENT Reg. No. 28-1-20 28-4-92 28-4-92 28-4-117 28-4-120 28-4-121 28-4-122 28-4-311 28-4-312 through 28-4-317 28-4-370 through 28-4-379 28-4-430 28-4-503 28-4-505 28-4-514 28-4-520 28-4-521 28-4-800 through 28-4-825 28-4-1200 through 28-4-1218 28-4-1300 through 28-4-1318 28-16-28g 28-17-6 Action Amended Amended (T) Amended Amended Amended New Amended Amended Revoked Revoked Amended Amended Amended Amended New New New New New Amended Amended Register V. 27, p. 989 V. 29, p. 1348 V. 29, p. 1705 V. 27. p. 990 V. 27, p. 990 V. 27, p. 990 V. 27, p. 317 V. 27, p. 317 V. 27, p. 317, 318 V. 29, p. 1024 V. 27, p. 991 V. 29, p. 1662 V. 29, p. 1662 V. 29, p. 1663 V. 29, p. 1663 V. 29, p. 1663 V. 27, p. 318-334 V. 28, p. 1426-1437 V. 29, p. 1024-1032 V. 29, p. 181 V. 28, p. 1809
Amended Revoked Amended Amended
V. 29, p. 1813-1815 V. 29, p. 1816 V. 29, p. 1816 V. 29, p. 1816
AGENCY 19: GOVERNMENTAL ETHICS COMMISSION Reg. No. 19-6-1 19-20-4 19-20-5 19-27-2 Reg. No. 22-6-1 22-6-2 Action Amended Amended New Amended Action Amended Revoked Register V. 29, p. 112 V. 27, p. 1020 V. 27, p. 1021 V. 27, p. 1021 Register V. 27, p. 1834 V. 27, p. 1834
AGENCY 22: STATE FIRE MARSHAL
(continued)
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28-23-41 through 28-23-55 28-23-70 28-23-71 28-23-73 28-23-75 28-23-78 through 28-23-80 28-29-501 28-32-1 28-32-2 28-32-4 28-32-5 28-32-6 28-32-7 28-32-8 through 28-32-14 28-36-30 28-36-31 28-36-33 through 28-36-49 28-36-70 through 28-36-89 28-36-101 through 28-36-109 28-38-18 28-38-19 28-38-21 28-38-22 28-38-23 28-38-29 28-39-145a 28-39-146 28-39-147 28-39-148 28-39-162 28-39-162a 28-39-162b 28-39-162c 28-39-164 through 28-39-168 28-39-240 through 28-39-253 28-39-275 through 28-39-288 28-39-425 through 28-39-436 28-43-1 through 28-43-11 28-45b-1 through 28-45b-28 28-46-1 28-46-2a 28-46-3 through 28-46-22 28-46-27 28-46-28 28-46-29 28-46-29a 28-46-30 28-46-30a 28-46-30b 28-46-31 28-46-33 28-46-34 28-46-35 28-46-40 28-46-41 28-46-44 28-46-45 28-53-1 through 28-53-5
Kansas Register
Revoked Revoked Revoked Revoked Revoked Revoked New Revoked Revoked Revoked Revoked Revoked Revoked New Revoked Revoked Revoked Revoked Revoked Amended Amended Amended Amended Amended Amended Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Amended Revoked Revoked Revoked Revoked New Amended Amended Amended Amended Amended Amended New Amended New New Amended Amended Amended Amended Amended Amended Amended New Amended V. V. V. V. V. 29, 29, 29, 29, 29, p. p. p. p. p. 727 727 727 727 727 28-59-5 28-61-1 28-61-2 28-61-5 28-61-8 28-61-11 28-70-4 28-72-1 28-72-1a 28-72-1c 28-72-1d 28-72-1e 28-72-1g 28-72-1h 28-72-1i 28-72-1k 28-72-1l 28-72-1m 28-72-1n 28-72-1o 28-72-1p 28-72-1r 28-72-1s 28-72-1t 28-72-1v 28-72-1x 28-72-2 28-72-3 28-72-4 28-72-4a 28-72-4b 28-72-4c 28-72-5 28-72-6 28-72-6a 28-72-7 28-72-7a 28-72-8 28-72-9 28-72-10 28-72-10a 28-72-11 28-72-12 28-72-13 28-72-14 28-72-15 28-72-16 28-72-17 28-72-18 28-72-18a 28-72-18b 28-72-18c 28-72-18d 28-72-18e 28-72-19 28-72-20 28-72-21 28-72-22 28-72-51 28-72-52 28-72-53 28-73-1 Amended Amended Amended Amended Amended Amended New Revoked New New New New New New New New New New New New New New New New New New Amended Amended Amended Amended Revoked Amended Amended Amended New Amended New Amended Amended Amended New Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended V. 27, p. 462 V. 29, p. 419 V. 29, p. 419 V. 29, p. 420 V. 29, p. 422 V. 27, p. 464 V. 28, p. 800 V., 29, p. 357 V. 29, p. 357 V. 29, p. 357 V. 29, p. 358 V. 29, p. 358 V. 29, p. 358 V. 29, p. 358 V. 29, p. 359 V. 29, p. 359 V. 29, p. 359 V. 29, p. 360 V. 29, p. 360 V. 29, p. 360 V. 29, p. 360 V. 29, p. 361 V. 29, p. 361 V. 29, p. 361 V. 29, p. 361 V. 29, p. 361 V. 29, p. 361 V. 29, p. 362 V. 29, p. 362 V. 29, p. 366 V. 29, p. 368 V. 29, p. 368 V. 29, p. 369 V. 29, p. 370 V. 29, p. 371 V. 29, p. 373 V. 29, p. 373 V. 29, p. 374 V. 29, p. 375 V. 29, p. 376 V. 29, p. 377 V. 29, p. 378 V. 29, p. 378 V. 29, p. 379 V. 29, p. 379 V. 29, p. 380 V. 29, p. 380 V. 29, p. 381 V. 29, p. 382 V. 29, p. 383 V. 29, p. 384 V. 29, p. 384 V. 29, p. 385 V. 29, p. 386 V. 29, p. 387 V. 29, p. 387 V. 29, p. 387 V. 29, p. 388 V. 29, p. 388 V. 29, p. 389 V. 29, p. 389 V. 28, p. 74 30-63-11 30-63-12 30-63-32 30-64-24
Amended Amended New Revoked V. 28, p. 1807 V. 28, p. 1807 V. 27, p. 664 V. 27, p. 665
AGENCY 36: DEPARTMENT OF TRANSPORTATION Reg. No. 36-39-2 36-39-2 36-39-4 36-39-4 36-39-6 36-39-6 36-42-1 through 36-42-9 Action Amended (T) Amended Amended (T) Amended Amended (T) Amended New Register V. 29, V. 29, V. 29, V. 29, V. 29, V. 29, p. p. p. p. p. p. 1090 1416 1091 1416 1091 1416
V. 29, p. 727 V. 28, p. 1809 V. 27, p. 247 V. 27, p. 247 V. 27, p. 247 V. 27, p. 247 V. 27, p. 247 V. 27, p. 247 V. 27, p. 247-249 V. 29, p. 727 V. 29, p. 727 V. 27, p. 73 V. 29, p. 727 V. 29, p. 727 V. 27, p. 1742 V. 27, p. 1743 V. 27, p. 1743 V. 27, p. 1744 V. 27, p. 1744 V. 27, p. 1745 V. 28, p. 623 V. 28, p. 623 V. 28, p. 623 V. 28, p. 623 V. 29, p. 1777 V. 29, p. 1777 V. 29, p. 1777 V. 29, p. 1777 V. 28, p. 798-800 V. 28, p. 672 V. 28, p. 672 V. 28, p. 672 V. 29, p. 1137 V. 28, p. 973-988 V. 29, p. 1138 V. 29, p. 1138 V. 29, p. 1139-1141 V. 29, p. 1141 V. 29, p. 1141 V. 29, p. 1141 V. 29, p. 1142 V. 29, p. 1142 V. 29, p. 1142 V. 29, p. 1144 V. 29, p. 1144 V. 29, p. 1144 V. 29, p. 1145 V. 29, p. 1145 V. 29, p. 1145 V. 29, p. 1145 V. 29, p. 1145 V. 29, p. 1145 V. 28, p. 240, 241
V. 29, p. 502-504
V. 27, p. 1135-1138
AGENCY 48: DEPARTMENT OF LABOR EMPLOYMENT SECURITY BOARD OF REVIEW Reg. No. 48-1-1 through 48-1-6 48-2-1 through 48-2-5 48-3-1 48-3-2 48-3-4 48-3-5 48-4-1 48-4-2 Reg. No. 49-45-1 49-45-2 49-45-3 49-45-4 49-45-4a 49-45-5 49-45-6 49-45-7 49-45-8 49-45-9 Action Register
Amended Amended Amended Amended Amended Amended Amended Amended Action Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended
AGENCY 30: SOCIAL AND REHABILITATION SERVICES Reg. No. 30-4-90 30-5-78 30-5-118a 30-10-15a 30-10-15b 30-10-17 30-10-18 30-10-23a 30-10-23b 30-10-25 30-10-26 30-10-27 30-10-200 30-10-210 30-45-20 30-46-10 30-46-17 30-63-10 Action Amended Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked New Amended Amended Amended Register V. 28, p. 916 V. 27, p. 1022 V. 29, p. 293 V. 27, p. 1345 V. 27, p. 1345 V. 27, p. 1345 V. 27, p. 1345 V. 27, p. 1346 V. 27, p. 1346 V. 27, p. 1346 V. 27, p. 1346 V. 27, p. 1346 V. 27, p. 1346 V. 27, p. 1346 V. 28, p. 966 V. 28, p. 966 V. 28, p. 967 V. 28, p. 1806
AGENCY 49: DEPARTMENT OF LABOR Register V. V. V. V. V. V. V. V. V. V. 27, 27, 27, 27, 27, 27, 27, 27, 27, 27, p. p. p. p. p. p. p. p. p. p. 1466 1466 1466 1466 1466 1466 1466 1467 1467 1467
Vol. 30, No. 2, January 13, 2011
49-45-20 49-45-28 49-45-29 49-45-29b 49-45-31 49-45-34 49-45-35 49-45-37 49-55-1 through 49-55-12 Amended Amended Amended New Amended Amended Amended Amended New V. V. V. V. V. V. V. V. 27, 27, 27, 27, 27, 27, 27, 27, p. p. p. p. p. p. p. p. 1467 1467 1467 1467 1467 1467 1467 1467 66-11-5 66-12-1 66-14-1 66-14-2 66-14-3 66-14-4 66-14-5 66-14-7 66-14-10
Kansas Register
Amended Amended Amended Amended Amended Revoked Amended Amended Amended V. 28, p. 44 V. 29, p. 794 V. 28, p. 44 V. 28, p. 45 V. 28, p. 45 V. 28, p. 45 V. 28, p. 45 V. 28, p. 45 V. 29, p. 794 74-7-4 74-11-6 74-11-7 74-12-1 74-15-2 Amended Amended Amended Amended Revoked
31
V. 28, p. 648 V. 29, p. 1640 V. 29, p. 1640 V. 29, p. 1641 V. 29, p. 1641
V. 29, p. 675, 676
AGENCY 67: BOARD OF EXAMINERS IN THE FITTING AND DISPENSING OF HEARING INSTRUMENTS Reg. No. 67-3-5 Reg. No. 68-1-1b 68-1-1h 68-1-3a 68-2-20 68-2-22 68-7-11 68-7-12b 68-7-14 68-7-20 68-7-21 68-11-2 68-16-3 68-18-1 68-18-2 68-18-3 68-19-1 68-20-10a 68-20-16 68-20-23 68-20-23 68-21-1 through 68-21-7 Reg. No. 69-3-8 69-11-1 Reg. No. 71-5-1 through 71-5-6 71-5-7 through 71-5-13 71-9-1 through 71-9-4 71-10-1 through 71-10-4 71-11-1 Reg. No. 74-4-7 74-4-8 74-4-9 74-4-10 74-5-2 74-5-2a 74-5-101 74-5-102 74-5-103 74-5-201 74-5-202 74-5-203 74-5-301 74-5-302 74-5-401 74-5-403 74-5-405a 74-5-406 74-6-2 Action New Action Amended New Amended Amended Amended Amended Amended Amended Amended New Amended Amended New New New New Amended Amended New (T) New New Action Amended (T) Amended Action Register V. 28, p. 1187 Register V. 29, p. 465 V. 28, p. 1491 V. 28, p. 1491 V. 28, p. 1765 V. 28, p. 1491 V. 29, p. 1053 V. 27, p. 1518 V. 28, p. 1492 V. 27, p. 435 V. 29, p. 465 V. 27, p. 1518 V. 28, p. 342 V. 27, p. 1857 V. 27, p. 1857 V. 27, p. 1858 V. 28, p. 342 V. 29, p. 466 V. 28, p. 1561 V. 27, p. 1709 V. 28, p. 192 V. 29, p. 1417-1420 Register V. 28, p. 923 V. 28, p. 298 Register
AGENCY 82: STATE CORPORATION COMMISSION Reg. No. 82-1-219 82-3-101a 82-3-107 82-3-108 82-3-111 82-3-135a 82-3-135b 82-3-138 82-3-311a 82-3-402 82-3-1100 through 82-3-1120 82-4-2 82-4-3a through 82-4-3d 82-4-3a 82-4-3d 82-4-3e 82-4-3f through 82-4-3m 82-4-3f 82-4-3n 82-4-3o 82-4-6a 82-4-8h 82-4-20 82-4-21 82-4-22 82-4-23 82-4-24a 82-4-26 82-4-26a 82-4-27 82-4-27a 82-4-27c 82-4-27e 82-4-28 82-4-28a 82-4-28b 82-4-30a 82-4-30a 82-4-31 82-4-32 82-4-33 82-4-35 Action Amended New Amended Amended Amended Amended Amended Amended New Amended New Amended Amended Amended Amended Revoked Amended Amended New New Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked Revoked Revoked Amended (T) Amended Revoked Amended Amended Amended Register V. 29, p. 1099 V. 29, p. 1508 V. 27, p. 1518 V. 27, p. 1519 V. 27, p. 1520 V. 27, p. 1521 V. 27, p. 1521 V. 27, p. 1521 V. 29, p. 181 V. 27, p. 1521 V. 29, p. 182-190 V. 29, p. 1443 V. 28, p. 1373-1385 V. 29, p. 1443 V. 29, p. 1444 V. 28, p. 1386 V. 28, p. 1386-1397 V. 29, p. 1390 V. 29, p. 1444 V. 29, p. 1445 V. 29, p. 1446 V. 29, p. 1446 V. 28, p. 1397 V. 29, p. 1446 V. 29, p. 1446 V. 29, p. 1447 V. 29, p. 1447 V. 29, p. 1447 V. 29, p. 1447 V. 29, p. 1447 V. 29, p. 1448 V. 29, p. 1448 V. 29, p. 1449 V. 29, p. 1449 V. 29, p. 1449 V. 29, p. 1449 V. 29, p. 702 V. 29, p. 1392 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450
Revoked New New New New Action Amended Amended Amended Amended Amended New Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended
V. 29, p. 1593 V. 29, p. 1593-1597 V. 27, p. 1878 V. 27, p. 1879 V. 28, p. 1187 Register V. 28, p. 643 V. 29, p. 1636 V. 29, p. 1638 V. 27, p. 627 V. 29, p. 1638 V. 28, p. 646 V. 29, p. 1639 V. 28, p. 646 V. 28, p. 646 V. 28, p. 646 V. 29, p. 1639 V. 29, p. 1639 V. 28, p. 647 V. 28, p. 647 V. 28, p. 647 V. 28, p. 647 V. 28, p. 647 V. 28, p. 647 V. 29, p. 1640
AGENCY 65: BOARD OF EXAMINERS IN OPTOMETRY Reg. No. 65-4-3 Action Amended Register V. 29, p. 990
AGENCY 66: BOARD OF TECHNICAL PROFESSIONS Reg. No. 66-6-1 66-6-4 66-6-6 66-6-8 66-6-9 66-7-2 66-8-1 66-8-3 66-8-4 66-8-6 66-8-7 66-9-4 66-10-1 66-10-9 66-10-14 66-11-1 66-11-1a 66-11-1b 66-11-4 Action Amended Amended Amended Revoked Revoked Amended Revoked Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Register V. 27, p. 315 V. 27, p. 316 V. 28, p. 1536 V. 28, p. 1537 V. 28, p. 1537 V. 28, p. 1537 V. 28, p. 1537 V. 28, p. 1537 V. 28, p. 1537 V. 29, p. 794 V. 28, p. 1537 V. 28, p. 1538 V. 29, p. 794 V. 28, p. 1538 V. 28, p. 1538 V. 28, p. 1539 V. 28, p. 1539 V. 28, p. 1539 V. 28, p. 1539
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82-4-35a 82-4-37 82-4-40 82-4-42 82-4-48 82-4-48a 82-4-53 82-4-54 82-4-55 82-4-56a 82-4-57 82-4-58 82-4-62 82-4-63 82-4-65 82-4-77 82-11-4 82-11-10 82-14-1 through 82-14-5 82-14-6 82-16-1 through 82-16-6 82-17-1 through 82-17-5 Amended Revoked Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked Amended Amended Amended Amended Amended Amended New New New V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1451 V. 29, p. 1451 V. 29, p. 1451 V. 29, p. 1452 V. 29, p. 1452 V. 29, p. 1452 V. 29, p. 1453 V. 29, p. 1453 V. 29, p. 1453 V. 29, p. 1453 V. 29, p. 1453 V. 29, p. 1454 V. 28, p. 917 V. 28, p. 922 V. 28, p. 967-971 V. 28, p. 972 V. 29, p. 1598-1601 V. 29, p. 1136, 1137
Kansas Register
91-1-221 91-19-1 91-19-6 91-40-1 91-40-2 91-40-3 91-40-5 91-40-7 through 91-40-12 91-40-16 91-40-17 91-40-21 91-40-22 91-40-26 through 91-40-31 91-40-27 91-40-33 91-40-34 91-40-35 91-40-37 91-40-38 91-40-39 91-40-41 91-40-42 91-40-42a 91-40-43 91-40-44 91-40-45 91-40-46 91-40-48 91-40-50 91-40-51 Reg. No. 92-12-114 92-12-140 through 92-12-145 92-12-145 92-19-70 92-24-23 92-26-1 92-26-4 92-28-1 through 92-28-4 92-51-25a 92-52-14 92-52-15 92-52-16 Reg. No. 94-2-1 through 94-2-21 94-3-1 94-3-1 94-3-2 94-3-2 94-4-1 94-4-1 94-4-2 94-4-2 94-5-1 through 94-5-25 Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked Amended Revoked Amended Amended New Amended Amended Amended Amended Amended Amended Amended Action New New Amended Revoked Amended Amended Amended New New New New New Action V. 27, p. 1040 V. 27, p. 1041 V. 27, p. 1041 V. 29, p. 1093 V. 27, p. 279 V. 27, p, 279 V. 27, p. 280 V. 27, p. 281-284 V. 27, p. 285 V. 27, p. 285 V. 27, p. 286 V. 27, p. 287 V. 27, p. 287-289 V. 29, p. 1098 V. 27, p. 290 V. 27, p. 290 V. 27, p. 290 V. 27, p. 291 V. 27, p. 291 V. 27, p. 291 V. 27, p. 291 V. 27, p. 291 V. 27, p. 292 V. 27, p. 293 V. 27, p. 293 V. 27, p 293 V. 27, p. 294 V. 27, p. 294 V. 27, p. 294 V. 27, p. 295 Register V. 27, p. 865 V. 27, p. 866, 867 V. 28, p. 604 V. 27, p. 868 V. 29, p. 1633 V. 28, p. 170 V. 28, p. 170 V. 28, p. 113 V. 29, p. 1281 V. 27, p. 1214 V. 27, p. 1214 V. 27, p. 1215 Register 97-1-6a 97-2-1 97-2-1a 97-2-2 97-2-2a 97-2-3 through 97-2-8 97-3-1 97-3-1a 97-3-2 97-3-2a 97-3-3 97-3-3a 97-3-4 through 97-3-9 97-4-1a 97-7-1 through 97-7-6
New Revoked New Revoked New Revoked Revoked New Revoked New Revoked New Revoked New New V. 28, p. 461 V. 28, p. 462 V. 28, p. 462 V. 28, p. 462 V. 28, p. 462 V. 28, p. 462 V. 28, p. 462 V. 28, p. 462 V. 28, p. 462 V. 28, p. 462 V. 28, p. 463 V. 28, p. 463 V. 28, p. 463 V. 28, p. 463 V. 29, p. 252-254
AGENCY 99: DEPARTMENT OF AGRICULTUREDIVISION OF WEIGHTS AND MEASURES Reg. No. 99-25-1 99-25-5 99-25-9 99-25-11 99-25-12 99-26-1 99-27-2 99-27-3 99-27-4 99-27-5 Reg. No. 100-11-1 100-22-8 100-22-8a 100-28a-1 100-28a-2 100-28a-10 100-29-1 100-29-3a 100-29-16 100-49-4 100-54-1 100-54-4 100-54-8 100-55-1 100-55-4 100-55-7 100-55-9 100-69-1 100-69-2 100-69-10 100-69-12 100-72-1 100-72-2 100-72-7 100-73-1 100-73-1 100-73-2 100-73-9 Action Amended Amended Amended New New Amended Amended Revoked Amended Amended Action Amended Revoked New Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked Amended New Amended Amended Amended Amended (T) Amended Amended Amended Register V. 29, p. 1242 V. 29, p. 1242 V. 27, p. 108 V. 27, p. 109 V. 29, p. 1242 V. 28, p. 522 V. 27, p. 1019 V. 27, p. 1019 V. 27, p. 1019 V. 27, p. 1019 Register V. 29, p. 650 V. 27, p. 357 V. 27, p. 357 V. 28, p. 112 V. 28, p. 1736 V. 28, p. 572 V. 29, p. 598 V. 28, p. 1737 V. 28, p. 1060 V. 29, p. 651 V. 28, p. 1594 V. 27, p. 209 V. 28, p. 1595 V. 29, p. 704 V. 27, p. 209 V. 29, p. 651 V. 28, p. 572 V. 27, p. 1672 V. 27, p. 1672 V. 28, p. 572 V. 29, p. 704 V. 28, p. 112 V. 29, p. 705 V. 28, p. 273 V. 28, p. 923 V. 28, p. 1282 V. 29, p. 598 V. 27, p. 315
AGENCY 84: PUBLIC EMPLOYEE RELATIONS BOARD Reg. No. 84-2-1 Reg. No. 86-3-19 86-3-19 86-3-30 86-3-30 Reg. No. 88-24-1 88-28-6 88-29-1 88-29-1 88-29-4 88-29-4 88-29-5 88-29-5 88-29-7 88-29-7 88-29-8 88-29-8 88-29-8a 88-29-8a 88-29-8b 88-29-8b 88-29-9 88-29-9 88-29-11 88-29-11 88-29-12 88-29-12 88-29-18 88-29-18 88-29-19 88-29-19 Action Amended Action Amended (T) Amended New (T) New Action Amended Amended Amended (T) Amended Amended (T) Amended Amended (T) Amended Amended (T) Amended Amended (T) Amended New (T) New New (T) New Amended (T) Amended Amended (T) Amended Amended (T) Amended Amended (T) Amended Amended (T) Amended Register V. 28, p. 872 Register V. 27, p. 1090 V. 27, p. 1517 V. 27, p. 1091 V. 27, p. 1517 Register V. 29, p. 1415 V. 29, p. 408 V. 28, p. 1101 V. 28, p. 1561 V. 28, p. 1102 V. 28, p. 1562 V. 28, p. 1103 V. 28, p. 1563 V. 28, p. 1103 V. 28, p. 1563 V. 28, p. 1103 V. 28, p. 1563 V. 28, p. 1103 V. 28, p. 1563 V. 28, p. 1104 V. 28, p. 1564 V. 28, p. 1104 V. 28, p. 1564 V. 28, p. 1105 V. 28, p. 1565 V. 28, p. 1106 V. 28, p. 1566 V. 28, p. 1107 V. 28, p. 1567 V. 28, p. 1108 V. 28, p. 1568
AGENCY 94: COURT OF TAX APPEALS
AGENCY 102: BEHAVIORAL SCIENCES REGULATORY BOARD Reg. No. 102-1-8a 102-1-12 102-1-13 102-1-13 102-2-3 102-2-7 102-2-8 102-2-11a 102-2-12 102-3-9b 102-3-12a 102-4-1a 102-4-6a Action New Amended Amended (T) Amended Amended Amended Amended New Amended New Amended Amended Amended Register V. 28, p. 114 V. 27, p. 407 V. 28, p. 1101 V. 28, p. 1426 V. 29, p. 340 V. 27, p. 1801 V. 28, p. 114 V. 28, p. 116 V. 28, p. 116 V. 28, p. 117 V. 27, p. 1117 V. 27, p. 1803 V. 27, p. 1805
AGENCY 91: DEPARTMENT OF EDUCATION Reg. No. 91-1-200 91-1-201 91-1-202 91-1-203 91-1-204 91-1-205 91-1-207 91-1-209 91-1-210 91-1-216 91-1-220 Action Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Register V. V. V. V. V. V. V. V. V. V. V. 28, 27, 28, 28, 28, 28, 27, 27, 27, 28, 27, p. p. p. p. p. p. p. p. p. p. p. 1222 1028 1223 1225 1229 1232 1037 1037 1038 1233 1038
Agency 97: COMMISSION ON VETERANS AFFAIRS Reg. No. 97-1-1 97-1-1a 97-1-2 97-1-2a 97-1-3 97-1-3a 97-1-4 97-1-4a 97-1-5 97-1-5a Action Revoked New Revoked New Revoked New Revoked New Revoked New Register V. 28, p. 459 V. 28, p. 459 V. 28, p. 460 V. 28, p. 460 V. 28, p. 460 V. 28, p. 460 V. 28, p. 460 V. 28, p. 460 V. 28, p. 461 V. 28, p. 461
Vol. 30, No. 2, January 13, 2011
New V. 27, p. 1806 New V. 28, p. 117 Amended V. 27, p. 1806 Amended V. 27, p. 1120 New V. 28, p. 118 Amended V. 27, p. 1122 New V. 28, p. 118 Amended V. 27, p. 1124 AGENCY 105: BOARD OF INDIGENTS DEFENSE SERVICES Reg. No. Action Register 105-4-1 Amended (T) V. 29, p. 1338 105-4-1 Amended V. 29, p. 1506 105-5-2 Amended (T) V. 29, p. 1339 105-5-2 Amended V. 29, p. 1506 105-5-3 Amended (T) V. 29, p. 1339 105-5-3 Amended V. 29, p. 1506 105-5-6 Amended (T) V. 29, p. 1339 105-5-6 Amended V. 29, p. 1506 105-5-7 Amended (T) V. 29, p. 1339 105-5-7 Amended V. 29, p. 1507 105-5-8 Amended (T) V. 29, p. 1340 105-5-8 Amended V. 29, p. 1507 105-11-1 Amended (T) V. 29, p. 1340 105-11-1 Amended V. 29, p. 1507 AGENCY 108: STATE EMPLOYEES HEALTH CARE COMMISSION Reg. No. Action Register 108-1-1 Amended V. 29, p. 1055 108-1-1 Amended (T) V. 29, p. 1340 108-1-3 Amended V. 29, p. 1057 108-1-3 Amended (T) V. 29, p. 1342 108-1-4 Amended V. 29, p. 1059 108-1-4 Amended (T) V. 29, p. 1344 AGENCY 109: BOARD OF EMERGENCY MEDICAL SERVICES Reg. No. Action Register 109-2-9 Amended V. 28, p. 1030 109-3-1 Amended V. 28, p. 1030 109-5-1 Amended V. 29, p. 1281 109-5-2 Amended V. 28, p. 574 109-5-3 Amended V. 29, p. 1282 109-5-4 Revoked V. 29, p. 113 109-5-5 New V. 27, p. 1548 109-5-6 New V. 28, p. 575 109-6-1 Amended V. 29, p. 113 109-6-2 Amended V. 29, p. 113 109-6-3 Revoked V. 28, p. 575 109-10-7 New V. 29, p. 113 109-11-1 Amended V. 29, p. 1283 109-11-3 Amended V. 29, p. 1284 109-11-4 Amended V. 29, p. 1284 109-11-6 Amended V. 29, p. 1285 109-15-1 New V. 28, p. 575 109-15-2 Amended V. 29, p. 1285 AGENCY 110: DEPARTMENT OF COMMERCE Reg. No. Action Register 110-13a-1 New V. 27, p. 1063 110-13a-2 New V. 27, p. 1063 110-13a-3 New V. 27, p. 1064 110-19-1 through 110-19-4 New V. 27, p. 1064, 1065 110-20-1 through 110-20-4 New V. 27, p. 1065, 1066 AGENCY 111: KANSAS LOTTERY A complete index listing all regulations filed by the Kansas Lottery from 1988 through 2000 can be found in the Vol. 19, No. 52, December 28, 2000 Kansas Register. A list of regulations filed from 2001 through 2003 can be found in the Vol. 22, No. 52, December 25, 2003 Kansas Register. A list of regulations filed from 2004 through 2005 can be found in the Vol. 24, No. 52, December 29, 2005 Kansas Register. A list of regulations filed from 2006 through 2007 can be found in the Vol. 26, No. 52, December 27, 2007 Kansas Register. A list of regulations filed from 2008 through November 2009 can be found in the Vol. 28, No. 53, December 31, 2009 Kansas Register. The following regulations were filed after December 1, 2009: Reg. No. Action Register 111-2-30 Amended V. 29, p. 215 111-2-232 Amended V. 29, p. 215 102-4-6b 102-4-9b 102-4-10a 102-4-12 102-5-9a 102-5-12 102-6-9a 102-6-12
Kansas Register
111-2-233 111-2-234 111-2-235 through 111-2-240 111-2-241 111-2-242 111-2-243 through 111-2-248 111-4-2899 through 111-4-2907 111-4-2908 through 111-4-2911 111-4-2911a 111-4-2912 through 111-4-2923 111-4-2924 through 111-4-2930 111-4-2931 through 111-4-2938 111-4-2939 through 111-4-2948 111-4-2949 through 111-4-2984 111-4-2949 through 111-4-2984 111-4-2985 through 111-4-2988 111-4-2989 111-4-2990 111-4-2991 111-4-2992 through 111-4-3011 111-4-3012 through 111-4-3022 111-5-175 through 111-5-179 111-5-180 through 111-5-194 111-5-181 111-5-184 111-5-186 111-5-194 111-9-162 111-9-163 111-9-164 111-9-165 111-9-166 111-9-167 111-9-168 111-9-169 111-201-1 through 111-201-17 111-301-1 through 111-301-6 111-302-1 through 111-302-6 111-303-1 through 111-303-5 111-304-1 through 111-304-6 111-305-1 through 111-305-6 111-306-1 through 111-306-6 Amended New New New New New New New New New New New New New New New New New New New New New New Amended Amended Amended Amended New New New New New New New New New New New New New New New V. 29, p. 215 V. 29, p. 746 V. 29, p. 1214, 1215 V. 29, p. 1247 V. 29, p. 1247 V. 29, p. 1512, 1513 V. 29, p. 9-14 V. 29, p. 149-152 V. 29, p. 152 V. 29, p. 153-157 Reg. No. V. 29, p. 216-222 V. 29, p. 467-473 V. 29, p. 569-575 V. 29, p. 746-769 V. 29, p. 746-769 V. 29, p. 1180-1183 V. 29, p. 1216 V. 29, p. 1217 V. 29, p. 1218 V. 29, p. 1248-1259 V. 29, p. 1513-1522 V. 29, p. 157-159 V. 29, p. 222-228 V. 29, p. 1522 V. 29, p. 1523 V. 29, p. 1524 V. 29, p. 1525 V. 29, p. 229 V. 29, p. 229 V. 29, p. 230 V. 29, p. 769 V. 29, p. 1184 V. 29, p. 1526 V. 29, p. 1526 V. 29, p. 1527 V. 29, p. 73-79 V. 29, p. 79, 80 V. 29, p. 82-86 V. 29, p. 87-89 V. 29, p. 89-91 V. 29, p. 474, 475 V. 29, p. 1185-1187 112-12-15 112-13-6 112-100-1 through 112-100-7 112-101-1 through 112-101-16 112-102-1 through 112-102-13 112-103-1 through 112-103-12 112-103-15 112-103-16 112-104-1 through 112-104-33 112-104-34 through 112-104-41 112-105-1 through 112-105-7 112-106-1 through 112-106-7 112-107-1 112-107-2 112-107-3 112-107-5 112-107-6 112-107-7 112-107-9 112-107-10 112-107-11 112-107-13 through 112-107-32 112-107-34 112-108-1 through 112-108-57 112-110-1 through 112-110-13 112-111-1 through 112-111-5 112-112-1 through 112-112-9 112-113-1 112-114-1 through 112-114-6 112-114-8 through 112-114-12 112-114-14 111-306-4 111-306-6 111-307-1 through 111-307-7 111-308-1 through 111-308-7 111-309-1 through 111-309-6 111-310-1 through 111-310-6 111-311-1 through 111-311-7 Amended Amended New New New New New
33
V. 29, p.1260 V. 29, p. 1219 V. 29, p. 1189-1191 V. 29, p. 1261-1263 V. 29, p. 1528-1530 V. 29, p. 1530-1532 V. 29, p. 1532-1535
AGENCY 112: RACING AND GAMING COMMISSION Action New New New New New New New New New New New New New New New New New New New New New New New New New New New New New New New Register V. 28, p. 797 V. 28, p. 376 V. 27, p. 1378 V. 28, p. 376-379 V. 28, p. 1161-1163 V. 28, p. 376-382 V. 28, p. 382 V. 28, p. 382 V. 27, p. 1378-1406 V. 28, p. 1457-1459 V. 27, p. 1406-1408 V. 27, p. 1408-1411 V. 28, p. 424 V. 28, p. 424 V. 28, p. 424 V. 28, p. 428 V. 28, p. 428 V. 28, p. 428 V. 28, p. 429 V. 28, p. 429 V. 28, p. 430 V. 28, p. 430-440 V. 28, p. 441 V. 28, p. 1766-1788 V. 28, p. 464-470 V. 28, 470-472 V. 27, p. 1411-1413 V. 28, p. 382 V. 28, p. 472 V. 28, p. 472, 473 V. 28, p. 473
(continued)
Vol. 30, No. 2, January 13, 2011
34
AGENCY 115: DEPARTMENT OF WILDLIFE AND PARKS Reg. No. 115-2-1 115-2-3 115-2-3a 115-2-5 115-4-2 115-4-4 115-4-4a 115-4-6 115-4-6a 115-4-11 115-4-13 115-4-14 115-5-1 115-5-2 115-6-1 115-7-1 115-7-2 115-7-3 115-7-8 115-7-9 115-7-10 115-8-1 115-8-6 115-8-9 115-8-10 115-8-13 115-15-1 115-15-2 115-18-7 115-18-20 115-18-21 115-20-7 Action Amended Amended Amended Amended Amended Amended Amended Amended Revoked Amended Amended Revoked Amended Amended Amended Amended Amended Amended Revoked Amended New Amended Amended Amended Amended Amended Amended Amended Amended Amended New New Register V. 29, p. 1602 V. 29, p. 1603 V. 29, p. 1603 V. 27, p. 1265 V. 29, p. 408 V. 29, p. 658 V. 29, p. 659 V. 29, p. 409 V. 27, p. 112 V. 29, p. 67 V. 27, p. 404 V. 27, p. 112 V. 28, p. 1250 V. 28, p. 1251 V. 28, p. 1251 V. 29, p. 1606 V. 27, p. 1708 V. 28, p. 1599 V. 29, p. 1607 V. 29, p. 1607 V. 28, p. 1600 V. 29, p. 1092 V. 28, p. 1600 V. 27, p. 1265 V. 27, p. 1265 V. 27, p. 112 V. 28, p. 1079 V. 28, p. 1080 V. 29, p. 659 V. 29, p. 1608 V. 27, p. 1708 V. 29, p. 659 117-4-1 117-4-2 117-4-2a 117-5-2 117-5-2a 117-6-1 117-6-3 117-7-1 117-8-1 117-10-1
Kansas Register
Amended Amended Amended Amended Amended Amended Amended Amended Amended New V. V. V. V. V. V. V. V. V. V. 29, 29, 28, 28, 28, 29, 29, 28, 29, 28, p. p. p. p. p. p. p. p. p. p. 416 417 374 374 375 656 656 375 418 375 128-4a-1 128-5-1 128-5-2 128-6-1 128-6-2 128-6-4
New New New New New New V. V. V. V. V. V. 27, 27, 27, 27, 27, 27, p. p. p. p. p. p. 367 367 368 368 371 374
AGENCY 129: KANSAS HEALTH POLICY AUTHORITY Reg. No. 129-5-1 129-5-78 129-5-108 129-5-118 129-5-118a 129-5-118b 129-10-15a 129-10-15b 129-10-17 129-10-18 129-10-23a 129-10-23b 129-10-25 129-10-26 129-10-27 129-10-200 129-10-210 Action Amended Amended Amended Amended New Amended New New New New New New New New New New New Register V. 27, p. 628 V. 28, p. 1464 V. 27, p. 1346 V. 29, p. 293 V. 29, p. 294 V. 29, p. 296 V. 27, p. 1346 V. 27, p. 1348 V. 27, p. 1348 V. 27, p. 1350 V. 27, p. 1353 V. 27, p. 1353 V. 27, p. 1354 V. 27, p. 1355 V. 27, p. 1356 V. 27, p. 1356 V. 27, p. 1358
AGENCY 121: DEPARTMENT OF CREDIT UNIONS Reg. No. 121-9-1 121-10-1 121-10-2 121-11-1 121-11-2 121-12-1 Action Amended Amended New New New New Register V. 28, p. 457 V. 29, p. 675 V. 27, p. 1099 V. 28, p. 457 V. 28, p. 457 V. 28, p. 459
AGENCY 123: JUVENILE JUSTICE AUTHORITY Reg. No. 123-2-111 123-2-111 Action New (T) New Register V. 29, p. 1115 V. 29, p. 1415
AGENCY 127: KANSAS HOUSING RESOURCES CORPORATION Reg. No. 127-2-1 127-2-2 127-2-3 Action New New New Register V. 28, p. 192 V. 28, p. 192 V. 28, p. 193
AGENCY 130: HOME INSPECTORS REGISTRATION BOARD Reg. No. 130-1-1 130-1-2 130-1-2 130-1-3 130-1-3 130-1-4 130-1-5 130-2-1 130-3-1 130-3-1 130-4-1 130-4-1 130-4-2 130-4-2 130-5-2 Action New New (T) New New (T) New Amended New New New (T) New New (T) New New (T) New New Register V. 28, p. 1737 V. 29, p. 38 V. 29, p. 567 V. 29, p. 38 V. 29, p. 567 V. 29, p. 567 V. 28, p. 1738 V. 28, p. 1738 V. 29, p. 38 V. 29, p. 568 V. 29, p. 39 V. 29, p. 794 V. 29, p. 39 V. 29, p. 794 V. 29, p. 569
AGENCY 128: DEPARTMENT OF COMMERCE KANSAS ATHLETIC COMMISSION Reg. No. 128-1-1 128-1-1 128-2-1 128-2-3 through 128-2-13 128-2-12 128-3-1 128-4-1 through 128-4-9 Action New (T) New New New New (T) New New Register V. 27, p. 106 V. 27, p. 358 V. 27, p. 360 V. 27, p. 360-362 V. 27, p. 107 V. 27, p. 362 V. 27, p. 363-367
AGENCY 117: REAL ESTATE APPRAISAL BOARD Reg. No. 117-1-1 117-2-1 117-2-2 117-2-2a 117-3-1 117-3-2 117-3-2a Action Amended Amended Amended Amended Amended Amended Amended Register V. V. V. V. V. V. V. 28, 29, 29, 28, 29, 29, 28, p. p. p. p. p. p. p. 373 412 413 373 414 415 373
Vol. 30, No. 2, January 13, 2011
Kansas Register
In this issue . . .
Page
38 39 39 39 39 39 39 40 40 41
Legislative bills and resolutions introduced January 10-12 .............................................................. Kansas Guardianship Program Notice of meeting ........................................................................................................................ Kansas Public Employees Retirement System Request for proposals for building management and leasing services............................................. Kansas Housing Resources Corporation Notice of hearing on the 2011 Weatherization State Plan ............................................................... Kansas Water Authority Notice of meetings....................................................................................................................... Board of Emergency Medical Services Notice of meetings....................................................................................................................... Pooled Money Investment Board Notice of investment rates............................................................................................................ Kansas Board of Regents Universities Notice to bidders ......................................................................................................................... Department of AdministrationDivision of Purchases Notice to bidders for state purchases ............................................................................................ Department of Health and Environment Notice concerning water pollution control permits/applications .....................................................
Notice of Bond Sale Unified Government of Wyandotte County/Kansas City, Kansas.................................................... 42 State Board of Technical Professions Notice of meetings....................................................................................................................... 43 Attorney General Opinions 2010-17 through 2010-19 ................................................................................................ 43 Permanent Administrative Regulations Department of Administration ..................................................................................................... 44 State Fire Marshal........................................................................................................................ 46 Index to administrative regulations ................................................................................................. 49
38
State of Kansas
Kansas Register
Legislature
Legislative Bills
Legislative Bills and Resolutions Introduced The following numbers and titles of bills and resolutions were introduced January 10-12 by the 2011 Kansas Legislature. Copies of bills and resolutions are available free of charge from the Legislative Document Room, 58S, State Capitol, 300 S.W. 10th Ave., Topeka, 66612, (785) 296-4096. Full texts of bills, bill tracking and other information may be accessed at www.kslegislature.org. House Bills
HB 2001, AN ACT concerning law enforcement; relating to the local law enforcement training reimbursement fund; amending K.S.A. 2010 Supp. 74-5620 and repealing the existing section, by Representative ONeal. HB 2002, AN ACT concerning the Kansas expanded lottery act; relating to racetrack gaming facilities; amending K.S.A. 2010 Supp. 748734, 74-8741, 74-8744, 74-8747, 74-8751 and 74-8768 and repealing the existing sections, by Representatives Grant and D. Gatewood. HB 2003, AN ACT designating a part of K-18 highway as the Medal of Honor recipient Donald K. Ross memorial highway, by Representative Bowers. HB 2004, AN ACT concerning school districts; relating to certain pupils; amending K.S.A. 72-8303 and 72-8309 and K.S.A. 2010 Supp. 721046b and repealing the existing sections, by Representative Carlson. HB 2005, AN ACT concerning school districts; relating to the base state aid per pupil; amending K.S.A. 2010 Supp. 72-6410 and repealing the existing section, by Representative Otto. HB 2006, AN ACT concerning public postsecondary education; concerning residents for purposes of tuition and other fees; amending K.S.A. 2010 Supp. 76-729 and repealing the existing section; also repealing K.S.A. 2010 Supp. 76-731a, by Representatives Tyson, A. Brown, Brunk, DeGraaf, Donohoe, Goodman, Gregory, Amanda, Hildabrand, Hineman, Howell, Kinzer, Knox, McLeland, OBrien, Osterman, Patton, Peck, Powell, Prescott, Rubin, Scapa, Seiwert and Vickrey. HB 2007, AN ACT concerning abortion; amending K.S.A. 65-6701 and repealing the existing section, by Representative Huebert.
the governor that the two houses of the legislature are duly organized and ready to receive communications. HCR 5002, A concurrent resolution providing for a joint session of the Senate and House of Representatives for the purpose of hearing a message from the Governor HCR 5003, A concurrent resolution adopting joint rules for the Senate and House of Representatives for the 2011-2012 biennium.
House Resolutions
HR 6001, A resolution relating to the organization of the House of Representatives. HR 6002, A resolution relating to assignment of seats of the House of Representatives. HR 6003, A resolution relating to the rules of the House of Representatives for the 2011-2012 biennium. HR 6004, A resolution adopting permanent rules of the House of Representatives for the 2011-2012 biennium.
Senate Bills
SB 1, AN ACT concerning consumer transactions; relating to the Kansas retailers sales tax act; requiring the cumulative rate to be printed on electronically printed sales receipts, by Senator Haley. SB 2, AN ACT concerning the department of administration; relating to competitive bids; bidding procedures; requiring bidders to sign a statement certifying they will not hire former state employees except as otherwise allowed by law; amending KSA 2010 Supp. 75-3739 and repealing the existing section, by Committee on Joint Committee on Legislative Post Audit. SB 3, AN ACT concerning water; establishing the Kansas natural resources subcabinet, by Committee on Joint Committee on Legislative Post Audit. SB 4, AN ACT concerning the Kansas board of healing arts; relating to licensure and education of perfusionists; establishing perfusion council, by Senator Kelsey. SB 5, AN ACT concerning the Kansas board of healing arts; relating to licensure and education of perfusionists; establishing perfusion council, by Senator Kelsey.
Senate Concurrent Resolutions

SR 1801, A resolution relating to the organization of the Senate. SR 1802, A resolution relating to assignment of seats of the senate. SR 1803, A resolution relating to rules of the Senate for 2009-2012, amending rule 7, relating to standing committees.
Doc. No. 039061
House Concurrent Resolutions

HCR 5001, A concurrent resolution relating to a committee to inform
Vol. 30, No. 3, January 20, 2011
Meetings/Notices
State of Kansas
Kansas Register
State of Kansas
39
Kansas Guardianship Program

Notice of Meeting The Kansas Guardianship Program will conduct its governing board meeting from 3:30 to 5 p.m. Wednesday, January 26, in Room 711, Docking State Office Building, 915 S.W. Harrison, Topeka. For more information, call (785) 587-8555. Jean Krahn Executive Director
Doc. No. 039069

Notice of Meetings The Kansas Water Authority will meet at 2 p.m. Wednesday, January 26, and at 9:30 a.m. Thursday, January 27, at the Ramada Inn, Grand Ballroom, 420 S.E. 6th, Topeka. The agenda and meeting materials will be posted on the Kansas Water Office Web site, www.kwo.org, or copies may be requested by contacting the Kansas Water Office, 901 S. Kansas Ave., Topeka, 66612-1249, (785) 2963185 or toll free (888) 526-9283 (KAN-WATER). Persons needing special accommodations are asked to notify the Kansas Water Office at least two days prior to the meeting. Steve Irsik Chairman
Doc. No. 039058
State of Kansas
Public Employees Retirement System

Request for Proposals The Kansas Public Employees Retirement System is soliciting proposals for building management and leasing services. A copy of the RFP may be downloaded from the KPERS Web site at www.kpers.org. All proposals must meet the minimum qualifications as set forth within the RFP. Respondents should deliver two written copies of their proposal to the KPERS offices by 5 p.m. January 31. Questions about the RFP may be directed in writing to Donald Lennard, Investment Officer, KPERS, 611 S. Kansas Ave., Topeka, 66603, or via e-mail to rfp 611 kpers@kpers.org. Glenn Deck Executive Director
Doc. No. 039071
State of Kansas
Board of Emergency Medical Services

Notice of Meetings The Board of Emergency Medical Services will meet at 9 a.m. Friday, February 4, in Room 106 of the Landon State Office Building, 900 S.W. Jackson, Topeka. Meetings for the Planning and Operations Committee, the Education, Examination, Certification and Training Committee, the Executive Committee and the Investigations Committee will be held beginning at 9 a.m. Thursday, February 3, at the same location. Items on the agenda for the board meeting can be found on the boards Web site at http://www.ksbems.org. All meetings of the board are open to the public. For more information, contact the executive director, Room 1031, Landon State Office Building, 900 S.W. Jackson, Topeka, 66612-1228, (785) 296-7296. Steven Sutton Interim Executive Director
Doc. No. 039070
State of Kansas
Kansas Housing Resources Corporation

Notice of Hearing on the 2011 Weatherization State Plan The Kansas Housing Resources Corporation will conduct a public hearing from 10 a.m. to noon Monday, January 31, at the Kansas Housing Resources Corporation, 611 S. Kansas Ave., Suite 300, Topeka, to provide an opportunity for citizens to comment upon the draft of the 2011 Weatherization State Plan. The 2011 State of Kansas Weatherization State Plan draft includes only pages intended for public comment and can be found on the KHRC Web site at www.kshousingcorp.org. Limited hard copies will be available at the public hearing site and upon request. Written comments must be received by 5 p.m. January 27. The public hearing comment period ends at noon January 31. Persons in need of a sign language interpreter, an assistive listening device, large print or other material, or other accommodation to attend this hearing must notify the KHRC at least one week prior to the meeting. Requests may be made to Al Dorsey, KHRC, 611 S. Kansas Ave., Suite 300, Topeka, 66603-3303, (785) 296-5865, or via the Kansas Relay Service at (800) 766-3777. Dennis Mesa Executive Director
Doc. No. 039066
State of Kansas

Doc. No. 039059
Vol. 30, No. 3, January 20, 2011
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State of Kansas
Kansas Register
State of Kansas
Notices


01/31/2011 EVT0000362 Razor Wire 01/31/2011 EVT0000367 Tree Control Services Clinton Wildlife Area 02/03/2011 EVT0000370 Tractor with Loader & Backhoe Crisis City 02/03/2011 EVT0000371 Boat & Personal Watercraft Pratt 02/08/2011 EVT0000364 Video Surveillance Addition Phase II 02/08/2011 EVT0000365 Ricci Mining Bond Reclamation Project FM 19 02/08/2011 EVT0000366 Whitmore Pits Reclamation Project Crawford County 02/11/2011 EVT0000368 CEP Grant Evaluation Services 02/23/2011 EVT10713 Group 10 Transportation Application Support 02/23/2011 EVT0000372 Non-State Group Web Hosting 03/02/2011 EVT0000349 Leased Space Kansas City/ Johnson County
02/08/2011 02/10/2011 02/15/2011 02/16/2011 02/17/2011 02/17/2011 A-011500 A-011501 A-011503 A-011533 A-011075 A-011411 Geodesic Dome Reroof Syracuse, Kansas Dept. of Transportation, Topeka Geodesic Dome Reroof Clay Center, Kansas Dept. of Transportation, Topeka Geodesic Dome Reroof Eureka, Kansas Dept. of Transportation, Topeka Improvements Phase II Medium Voltage Power Dist. System, Fort Hays State University, Hays Indoor Basketball Training Facility, Kansas State University, Manhattan Restroom Addition Bill Snyder Family Stadium, Kansas State University, Manhattan
Doc. No. 038494

Doc. No. 039068
Vol. 30, No. 3, January 20, 2011
Notice
State of Kansas
Kansas Register
41
(487.5 animal units) of dairy cattle. There is no change in the permitted animal units from the previous permit. Name and Address Legal Receiving of Applicant Description Water Donald & Andy Deters SW/4 of Section 36, Big Blue River 3040 Ridge Road T03S, R10E, Basin Vermillion, KS 66544 Marshall County Kansas Permit No. A-BBMS-M020 This permit is being reissued for an existing facility with a maximum capacity of 47 head (47 animal units) of dairy heifers, 55 head (27.5 animal units) of dairy calves and 113 head (158.2 animal units) of mature dairy cattle, for a total of 215 head (232.7 animal units). This represents an increase of 5.2 animal units from the previous permit. Name and Address of Applicant Joe Pistora 24457 Linwood Road Lawrence, KS 66044 Legal Receiving Description Water NW/4 of Section 20, Kansas River T12S, R21E, Basin Leavenworth County Kansas Permit No. A-KSLV-S001 This existing facility has a maximum capacity of 225 head (90 animal units) of swine more than 55 pounds and 1,480 head (148 animal units) of swine 55 pounds or less, for a total of 1,705 head (238 animal units). There is no change in the permitted animal units from the previous permit.
Notice Concerning Kansas/Federal Water Pollution Control Permits and Applications In accordance with Kansas Administrative Regulations 28-16-57 through 63, 28-18-1 through 15, 28-18a-1 through 32, 28-16-150 through 154, 28-46-7, and the authority vested with the state by the administrator of the U.S. Environmental Protection Agency, various draft water pollution control documents (permits, notices to revoke and reissue, notices to terminate) have been prepared and/or permit applications have been received for discharges to waters of the United States and the state of Kansas for the class of discharges described below. The proposed actions concerning the draft documents are based on staff review, applying the appropriate standards, regulations and effluent limitations of the state of Kansas and the Environmental Protection Agency. The final action will result in a Federal National Pollutant Discharge Elimination System Authorization and/or a Kansas Water Pollution Control permit being issued, subject to certain conditions, revocation and reissuance of the designated permit or termination of the designated permit. Public Notice No.KS-AG-11-011/015 Pending Permits for Confined Feeding Facilities
Name and Address of Applicant Brian and Frances Miller 825 Road 310 Allen, KS 66833 Legal Description SE/4 of Section 10, T17S, R11E, Lyon County Receiving Water Neosho River Basin
Kansas Permit No. A-NELY-B009 This is a new permit for an expanding facility for a proposed maximum capacity of 989 head (989 animal units) of cattle weighing greater than 700 pounds, 60 head (6 animal units) of sheep and 2 head (4 animal units) of horses, for a total of 999 animal units of livestock. Proposed modifications to the facility include the construction of open lot pens, two sediment basins, two vegetative treatment areas and four diversions. Name and Address of Applicant Vinton Visser 9931 Madison Road Riley, KS 66531 Legal Description SW/4 of Section 04, T09S, R06E, Riley County Receiving Water Kansas River Basin
Kansas Permit No. A-KSRL-S007 This permit is being reissued to an existing facility with a maximum capacity of 520 head (208 animal units) of swine weighing more than 55 pounds. The animal unit capacity represents a reduction from the previous permit because the proposal to build a new swine building has been withdrawn. Name and Address Legal Receiving of Applicant Description Water Ferguson ZY Farms/Dairy SW/4 of Section 30, Solomon River Steven Ferguson T02S, R15W, Smith Basin 1042 120 Road County Kensington, KS 66951 Kansas Permit No. A-SOSM-M002 This permit is being reissued for an existing facility with a maximum capacity of 275 head (137.5 animal units) of dairy calves and 250 head (350 animal units) of mature dairy cattle, for a total of 525 head
Persons wishing to comment on the draft documents and/or permit applications must submit their comments in writing to the Kansas Department of Health and Environment if they wish to have the comments considered in the decision-making process. Comments should be submitted to the attention of the Livestock Waste Management Section for agricultural-related draft documents or applications, or to the Technical Services Section for all other permits, at the Kansas Department of Health and Environment, Division of Environment, Bureau of Water, 1000 S.W. Jackson, Suite 420, Topeka, 66612-1367. All comments regarding the draft documents or application notices received on or before February 19 will be considered in the formulation of the final determinations regarding this public notice. Please refer to the appropriate Kansas document number (KS-AG-11-011/015) and name of the applicant/permittee when preparing comments. After review of any comments received during the public notice period, the Secretary of Health and Environment will issue a determination regarding final agency action on each draft document/application. If response to any draft document/application indicates significant public interest, a public hearing may be held in conformance with K.A.R. 28-16-61 (28-46-21 for UIC). All draft documents/applications and the supporting information including any comments received are on file and may be inspected at the offices of the Kansas Department of Health and Environment, Bureau of Water. These documents are available upon request at the copying cost assessed by KDHE. Application information and components of plans and specifications for all new and expanding swine facilities are available on the Internet at http://www.kdheks.gov/feedlots. Division of Environment offices are open from 8 a.m. to 5 p.m. Monday through Friday, excluding holidays. Robert P. Moser Acting Secretary of Health and Environment
Doc. No. 039063
Vol. 30, No. 3, January 20, 2011
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Kansas Register
Series 2011-B Bonds
Maturity Date (August 1)
Bond Sale
Summary Notice of Sale Unified Government of Wyandotte County/ Kansas City, Kansas $20,355,000* General Obligation Improvement Bonds Series 2011-A $655,000* General Obligation Improvement Bonds Series 2011-B (Wyandotte County Projects) $2,570,000* Taxable General Obligation Improvement Bonds Series 2011-C (General obligations payable from unlimited ad valorem taxes) Bids Subject to additional terms and conditions contained in the Notice of Sale dated January 6, 2011, written and electronic bids for the purchase of the above-referenced bonds of the Unified Government of Wyandotte County/ Kansas City, Kansas (the issuer), will be received on behalf of the issuer by the issuers financial advisor, in the case of written bids, at the address hereinafter set forth, and in the case of electronic bids, via PARITY, until 10:30 a.m. Central Time February 3, 2011 (the sale date). All bids will be publicly evaluated at said time and place and the award of the bonds will be acted upon by the governing body at its meeting to be held at 7 p.m. on the sale date. No oral or auction bids will be considered. Bond Details The bonds will consist of fully registered bonds in the denomination of $5,000 or any integral multiple thereof. The bonds will be dated as of the issue date (currently expected to be February 24, 2011) and will become due on August 1 in the years as follows: Series 2011-A Bonds
Maturity Date (August 1) Principal Amount*
Principal Amount*
2012 2013 2014 2015 2016

Maturity Date (August 1)
$125,000 130,000 130,000 135,000 135,000 Series 2011-C Bonds

Principal Amount*
2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026
$ 50,000 90,000 90,000 160,000 160,000 165,000 175,000 180,000 185,000 195,000 205,000 210,000 225,000 235,000 245,000
The bonds will bear interest from the date thereof at rates to be determined when such bonds are sold, which interest will be payable semiannually on February 1 and August 1 in each year, beginning February 1, 2012. Paying Agent and Bond Registrar Kansas State Treasurer, Topeka, Kansas. Book-Entry-Only System The bonds shall be registered under a book-entry only system administered through DTC. Good Faith Deposit Each bid for a series of the bonds shall be accompanied by a good faith deposit in the form of a wire transfer of funds to the issuer, a certified or cashiers check drawn on a bank located in the United States or a financial surety bond in the amount of 2 percent of the principal amount of the bonds of such series, payable to the order of the issuer. Pre-Bid Revisions The issuer reserves the right to issue a Supplemental Notice of Sale not later than 48 hours prior to the sale date via the MUNIFACTS News Service. If issued, the Supplemental Notice of Sale may (i) modify the principal amount of one or more series of the bonds, (ii) withdraw one or more series of the bonds from the sale, and/or (iii) modify such other terms of this Notice of Sale as the issuer determines. Adjustment of Issue Size The issuer reserves the right on the date of the award to, in its sole discretion, increase or decrease the total principal amount of a series of the bonds and/or to increase or decrease individual principal maturities, depending on the interest rates bid and the issue price spec-
2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031
$ 325,000 650,000 250,000 870,000 875,000 900,000 925,000 950,000 975,000 1,010,000 1,045,000 1,075,000 1,125,000 1,170,000 1,220,000 1,275,000 1,330,000 1,395,000 1,460,000 1,530,000
Vol. 30, No. 3, January 20, 2011
Bond Sale/Notices
Kansas Register
State of Kansas
43
ified, in order to properly structure the financing for the projects to be paid for with proceeds of the bonds. Delivery and Payment The issuer will pay for preparing the bonds and will deliver the same properly prepared, executed and registered without cost to the successful bidder(s), on or about February 24, 2011 (the issue date), to DTC for the account(s) of the successful bidder(s). Assessed Valuation and Indebtedness The total assessed valuation of the taxable tangible property within the issuer for the year 2010 is $1,098,921,073. The total general obligation bonded indebtedness of the issuer as of the date of the bonds, including the bonds being issued and the temporary notes being issued contemporaneously with the bonds (the notes), but excluding the temporary notes to be retired with the proceeds of the bonds, the notes and other funds of the issuer, is $333,175,000, of which $355,000 is indebtedness of the issuer payable only from taxes on taxable tangible property within Wyandotte County, Kansas. Approval of the Bonds The bonds will be sold subject to the approving legal opinion of Gilmore & Bell, P.C., Kansas City, Missouri, bond counsel, which opinion will be furnished and paid for by the issuer and will accompany the bonds and be delivered to the successful bidder when the bonds are delivered. Additional Information Additional information regarding the bonds may be obtained from the office of the chief financial officer at (913) 573-5186; from Springsted Incorporated, the issuers financial advisor, at (612) 223-3000; or from bond counsel, Gilmore & Bell, P.C., 2405 Grand Blvd., Suite 1100, Kansas City, MO 64108, at (816) 221-1000. Financial Advisor Written and Facsimile Bid and Good Faith Deposit Delivery Address: Springsted Incorporated 380 Jackson St., Suite 300 St. Paul, MN 55101 Attn: Bond Services (651) 223-3000 Fax (651) 223-3046 E-mail: bond services@springsted.com Dated January 6, 2011. Unified Government of Wyandotte County/ Kansas City, Kansas Lew Levin Chief Financial Officer 701 N. 7th St. Kansas City, KS 66101 Fax (913) 573-5003
*Preliminary; subject to change.
Doc. No. 039067
Board of Technical Professions

Notice of Meetings The Kansas State Board of Technical Professions will conduct its Complaint Committee meeting at 2 p.m. Thursday, February 3, and the full board will meet at 10 a.m. Friday, February 4, in Suite 507 of the Landon State Office Building, 900 S.W. Jackson, Topeka. All meetings are open to the public. For more information, call (785) 296-3053. Jean Boline Executive Director
Doc. No. 039062
State of Kansas
Attorney General
Opinion 2010-17 InsuranceGeneral Provisions Relating to Fire Insurance CompaniesRate Filings; Restricting the Reproduction of Rate Filings Protected by the Copyright Act, 17 U.S.C. 101 et seq., or the Kansas Uniform Trade Secrets Act (KUTSA), K.S.A. 60-3320 et seq. Public Records, Documents and InformationRecords Open to PublicCertain Records Not Required to be Open; Restricting the Reproduction of Rate Filings Protected by the Copyright Act, 17 U.S.C. 101 et seq., or the Kansas Uniform Trade Secrets Act (KUTSA), K.S.A. 60-3320 et seq. Procedure, CivilActions Relating to Commercial ActivityUniform Trade Secrets Act; Restricting the Reproduction of Rate Filings Protected by the Copyright Act, 17 U.S.C. 101 et seq., or the Kansas Uniform Trade Secrets Act (KUTSA), K.S.A. 60-3320 et seq., July 1, 2010. Synopsis: K.S.A. 2009 Supp. 40-955(a) requires that all insurers file with the Kansas Insurance Department (KID) rate plans and supporting information and that such plans and information are subject to inspection by the public. The Kansas Open Records Act (KORA) gives KID the authority to deny the reproduction of copyrighted information and the inspection and reproduction of trade secrets. Whether KID violates copyright law by making copyrighted materials available for downloading and copying at a dedicated computer terminal is a factual question dependent upon federal copyright law. Whether KID violates KUTSA by placing a rate filing with trade secrets on a dedicated computer terminal for inspecting, downloading, and copying will depend upon facts relative to whether the information constitutes a trade secret and, if so, whether KID misappropriated the trade secret. Cited herein: K.S.A. 2009 Supp. 40-955; K.S.A. 45-216; K.S.A. 2009 Supp. 45-217; K.S.A. 45-219; K.S.A. 2009 Supp. 45-220; 45-221; K.S.A. 60-3320; 60-3321; 60-3322; 603323; 60-3324; 60-3327; L. 2010, Ch. 112, 1; 17 U.S.C. 102; 17 U.S.C. 106; 17 U.S.C. 501. MF Opinion 2010-18 Crimes and Punishments; Kansas Criminal CodeCrimes Against the Public MoralsGambling; Defini(continued)
Vol. 30, No. 3, January 20, 2011
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Kansas Register
A.G. Opinions/Regulations
tions; Gambling Device; Lucky Shamrock Phone Card Dispensers, November 15, 2010. Synopsis: Attorney General Opinion No. 97-26 concluded that the Lucky Shamrock Phone Card Dispenser is not an illegal gaming device. However, as the machine described in that opinion does not resemble the type of phone card dispensing machines that are being operated now, the opinion is withdrawn. Cited herein: K.S.A. 2009 Supp. 21-4302; K.S.A. 21-4303; 21-4304; 214307. MF Opinion 2010-19 Counties and County OfficersGeneral Provisions Charter Resolutions; Exemption of County from Acts of Legislature; Procedure; Propriety of County Chartering Out of Motor Vehicle Fuel Tax Apportionment Statute. TaxationMotor Vehicle Fuel Taxes; Motor Vehicle Fuels and Special Taxes; Apportionment of Special City and County Highway Fund; Propriety of County Chartering Out of Motor Vehicle Fuel Tax Apportionment Statute, December 27, 2010. Synopsis: A board of county commissioners cannot use its home rule power to exempt the county from the motor fuel tax apportionment statute because altering a statutory tax apportionment formula is not county business for purposes of K.S.A. 19-101a. Additionally, the requirement to allocate motor fuel taxes to cities and counties is a statutory directive that the county treasurer is obliged to follow. A board of county commissioners cannot direct the treasurer to allocate funds in a manner inconsistent with K.S.A. 79-3425c. Cited herein: K.S.A. 8-143; 8-145; 19101; K.S.A. 2009 Supp. 19-101a; 19-101b; 19-501; 19-3419; K.S.A. 79-1801; 79-2017; 79-2101; K.S.A. 2009 Supp. 793401; K.S.A. 79-3402; K.S.A. 2009 Supp. 79-3403; 79-3408; 79-3410; 79-3412; K.S.A. 79-3413; 79-3419; K.S.A. 79-3425; 79-3425c; K.S.A. 2009 Supp. 79-3464e; Kan. Const., Art. 2, 21; Art. 12, 5. MJS Derek Schmidt Attorney General
Doc. No. 039060
agencys energy savings calculator for the energy star product. (c) If the United States environmental protection agency has not produced an energy savings calculator for a specific energy star product, then the projected cost savings for the useful life of the energy star product shall be based on a comparison of the following: (1) The initial cost of the energy star product plus the estimated lifetime operating cost of the energy star product; and (2) the initial cost of a functionally equivalent product plus the estimated lifetime operating cost of the functionally equivalent product. (d) This regulation shall apply only to the purchase of new, unused energy star products and equipment. (Authorized by and implementing K.S.A. 2009 Supp. 7537,127; effective Feb. 4, 2011.) Article 66.ENERGY AUDITS FOR REAL PROPERTY 1-66-1. Definitions. For purposes of this article, each of the following terms shall have the meaning specified in this regulation: (a) Agency head means an individual or body of individuals in which the ultimate legal authority of a state agency is vested by any provision of law. (b) Division means the division of facilities management within the Kansas department of administration. (c) Energy audit means the utilization of a building energy-use benchmarking system, including the energy star portfolio manager, that generates a written report that details the conversion of a buildings energy consumption data into energy-intensity metrics for the purpose of comparing the energy use of a building to the national average energy use of similar buildings. (d) Energy consumption data means the monthly amount of energy consumed in the preceding 12-month period as recorded by a utility distributing and selling energy or water services for a particular building. (e) Energy-intensity metrics means the measurement of weather variations and changes in the physical and operating characteristics of each building. (f) Energy star portfolio manager means an online energy management tool created by the United States environmental protection agency that uses an algorithmic formula for tracking and assessing energy and water consumption across a portfolio of buildings. The energy star portfolio manager can be accessed through the divisions web site. (g)(1) Excessive amount of energy, when applied to a building subject to an energy audit, shall be determined by comparing the buildings site and source energy-intensity metrics, annualized to a 12-month period, to the national average site and source energy-intensity metrics of similar buildings. (2) If the site and source energy-intensity metrics of the building subject to an energy audit are greater than the national average site and source energy-intensity metrics, then the building shall be deemed to use an excessive amount of energy. (h) Secretary means the secretary of the Kansas department of administration.
State of Kansas
Department of Administration
Permanent Administrative Regulations Article 65.ENERGY STAR PRODUCTS AND EQUIPMENT 1-65-1. Purchase of energy star products and equipment. (a) Subject to the provisions of K.S.A. 753737a through K.S.A. 75-3744, K.S.A. 75-37,102, and K.S.A. 75-4713 and amendments thereto, each state agency shall acquire products and equipment that bear the energy star label pursuant to K.S.A. 75-37,127, and amendments thereto. (b) In order to determine the projected cost savings for the useful life of an energy star product, each state agency shall utilize the United States environmental protection
Vol. 30, No. 3, January 20, 2011
Regulations
Kansas Register
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(i) State agency has the meaning specified in K.S.A. 75-3701, and amendments thereto. (Authorized by and implementing K.S.A. 2009 Supp. 75-37,128; effective Feb. 4, 2011.) 1-66-2. Energy audit required for each state-owned building. (a) If a state agency owns real property, the agency head, or that persons designee, shall conduct an energy audit of each building on that real property and submit the written report to the division. (b) An energy audit shall be conducted every five years for each building specified in subsection (a). (c) If a state agency owns four buildings or less, the written reports for the first energy audits for all of the buildings shall be submitted no later than July 1, 2011. (d) If a state agency owns five or more buildings, an energy audit for at least one-fifth of all of those buildings shall be conducted each year. The written reports for the first energy audits shall be submitted no later than July 1, 2011. (e) Each state agency conducting an energy audit shall identify each state-owned building in which an excessive amount of energy is being used, pursuant to K.S.A. 7537,128 and amendments thereto. (Authorized by and implementing K.S.A. 2009 Supp. 75-37,128; effective Feb. 4, 2011.) 1-66-3. Energy audit required for new lease, or lease renewal or extension, of non-state-owned real property. (a) Each new lease, or lease renewal or extension, for non-state-owned real property submitted by an agency head to the division for approval shall include the written report for an energy audit conducted by the owner or lessor of each building on that real property that is the subject of the new lease, or lease renewal or extension. (b) Subject to the provisions of K.S.A. 75-3739 and amendments thereto, a new lease, or lease renewal or extension, may be approved if either of the following conditions is met: (1) The written report for the energy audit indicates that the leased space does not use an excessive amount of energy. (2) The written report for the energy audit indicates that the leased space uses an excessive amount of energy, and the new lease, or lease renewal or extension, requires the owner or lessor to implement cost-effective energy conservation measures that are approved by the secretary to reduce or eliminate the excessive amount of energy. (Authorized by and implementing K.S.A. 2009 Supp. 7537,128; effective Feb. 4, 2011.) Article 67.ENERGY EFFICIENCY PERFORMANCE STANDARDS FOR STATE-OWNED BUILDINGS 1-67-1. Definitions. For purposes of this article, each of the following terms shall have the meaning specified in this regulation: (a) Agency architect has the meaning specified in K.S.A. 75-1254(a)(3), and amendments thereto. (b) Agency engineer has the meaning specified in K.S.A. 75-1254(a)(3), and amendments thereto.
(c) ASHRAE has the meaning specified in K.S.A. 7537,126, and amendments thereto. (d) Design development means drawings and other documents that describe the size and character of a projects architectural, structural, mechanical, and electrical systems. (e) IECC has the meaning specified in K.S.A. 7537,126, and amendments thereto. (f) New construction has the meaning specified in K.S.A. 75-37,126, and amendments thereto. (g) Project architect has the meaning specified in K.S.A. 75-1251, and amendments thereto. (h) Project engineer has the meaning specified in K.S.A. 75-1251, and amendments thereto. (Authorized by and implementing K.S.A. 2009 Supp. 75-37,129a; effective Feb. 4, 2011.) 1-67-2. Energy efficiency performance standards for new construction. (a) Subject to the provisions of K.S.A. 75-1250 through K.S.A. 75-1267 and K.S.A. 75-3784 and amendments thereto, each agency architect, agency engineer, project architect, or project engineer shall comply with ASHRAE or IECC at the time of submission of the design development for new construction. (b) If an agency architect, agency engineer, project architect, or project engineer seeks to comply with a functionally equivalent standard other than ASHRAE or IECC at the time of submission of the design development for new construction, the agency architect, agency engineer, project architect, or project engineer shall submit a report verifying life-cycle cost-effective compliance for the new construction. The report shall be submitted to the department of administration, division of facilities management. (Authorized by and implementing K.S.A. 2009 Supp. 75-37,129a; effective Feb. 4, 2011.) 1-67-3. Energy efficiency performance standards for renovated, retrofitted, or repaired buildings. (a) Subject to the provisions of K.S.A. 75-1250 through K.S.A. 751267 and K.S.A. 75-3784 and amendments thereto, each agency architect, agency engineer, project architect, or project engineer shall, to the extent possible, comply with ASHRAE or IECC at the time of submission of the design development for the renovation, retrofit, or repair of each state-owned building. (b) If an agency architect, agency engineer, project architect, or project engineer seeks to comply with a functionally equivalent standard other than ASHRAE or IECC at the time of submission of the design development for the renovation, retrofit, or repair of each state-owned building, the agency architect, agency engineer, project architect, or project engineer shall submit a report verifying life-cycle cost-effective compliance for the renovation, retrofit, or repair of each state-owned building. The report shall be submitted to the department of administration, division of facilities management. (Authorized by and implementing K.S.A. 2009 Supp. 75-37,129a; effective Feb. 4, 2011.) Article 68.AVERAGE FUEL ECONOMY STANDARDS FOR STATE-OWNED MOTOR VEHICLES 1-68-1. Definitions. For purposes of this article, each of the following terms shall have the meaning specified in this regulation:
(continued)
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Kansas Register
State of Kansas
Regulations
(a) Average fuel economy shall have the meaning assigned to that term in 40 C.F.R. 600.002-85(a)(14), as in effect on July 1, 2007, which is hereby adopted by reference. (b)(1) Life-cycle cost-effective, when used to describe a motor vehicle that is being compared to another motor vehicle, shall mean the motor vehicle with a lower lifecycle cost, as determined according to this subsection. (2) To determine the life-cycle cost of each motor vehicle, the following formula shall be used: (Average annual fuel cost of the motor vehicle x 6.67) + purchase price of the motor vehicle. The multiplier 6.67 reflects 100,000 miles divided by 15,000 miles per year. (3) If the motor vehicles being compared have identical life-cycle costs as computed in accordance with this subsection, then these motor vehicles shall be deemed to be equally life-cycle cost-effective. (c) Motor vehicle shall have the meaning assigned to automobile in 40 C.F.R. 600.002-85(a)(4), as in effect on July 1, 2007, which is hereby adopted by reference. As used in that federal regulation, secretary shall mean the U.S. secretary of transportation or that persons authorized representative. (d) State agency has the meaning specified in K.S.A. 75-3701, and amendments thereto. (Authorized by and implementing K.S.A. 2009 Supp. 75-4618; effective Feb. 4, 2011.) 1-68-2. Purchase of a new motor vehicle during fiscal year 2011. (a) Each state agency that seeks to purchase a new motor vehicle during fiscal year 2011 shall be subject to the provisions of K.S.A. 75-3739 through K.S.A. 753740a, K.S.A. 75-37,102, and K.S.A. 75-4618 and amendments thereto. (b) Each state agency that seeks to purchase a new motor vehicle without complying with subsection (a) shall meet the following requirements before the purchase of the new motor vehicle: (1) Submit a written motor vehicle purchase request to the department of administration, division of budget, on a form authorized by the division of budget; and (2) obtain approval to purchase the new motor vehicle from the department of administration, division of budget. (c) The director of the division of purchases in the department of administration shall obtain the average fuel economy for each motor vehicle on contract and ensure that each motor vehicle purchased as specified in subsection (a) is life-cycle cost-effective. (Authorized by and implementing K.S.A. 2009 Supp. 75-4618; effective Feb. 4, 2011.) Carol Foreman Acting Secretary of Administration
Doc. No. 039064
State Fire Marshal

Permanent Administrative Regulations Article 1.KANSAS FIRE PREVENTION CODE 22-1-1. Municipal compliance with Kansas fire prevention code. (a) When a municipality adopts one of the nationally recognized fire codes or the fire protection segment of a nationally recognized building code and modifies a section of that code, a summary of the modifications shall be submitted to the state fire marshals office. The modifications shall be reviewed and either approved or rejected by the state fire marshal. The municipality shall be notified of the action within 30 days from receipt of the summary. (b) Each alternate method of fire protection that has been approved by a local board of appeals as a substitute for strict compliance with code requirements shall be deemed to be in compliance with the Kansas fire prevention code. (c) Each question arising as to whether another state statute or an enactment of a municipality is inconsistent with the provisions of the fire prevention code shall be resolved by the state fire marshal after a hearing with all interested parties. Each decision of the state fire marshal made under authority of this subsection shall be appealable in accordance with the provisions of K.S.A. 31-142 and amendments thereto. (Authorized by and implementing K.S.A. 2008 Supp. 31-133 and 31-134; effective May 1, 1981; amended May 1, 1985; amended Aug. 28, 1989; amended Sept. 17, 1990; amended Feb. 4, 2011.) 22-1-2. Compliance with certain building codes. A building shall be deemed to comply with the Kansas fire prevention code if the building conforms to one of the following building codes and to any additional special requirements of the Kansas fire prevention code and if the building has been issued a certificate of occupancy: (a) The 1997 edition of the uniform building code (UBC); or (b) the 2006 edition of the international building code (IBC). (Authorized by and implementing K.S.A. 31-134a; effective May 1, 1985; amended Aug. 28, 1989; amended May 10, 1993; amended July 9, 2004; amended Feb. 4, 2011.) 22-1-3. Adopted codes and standards. The following codes and national fire protection association (NFPA) standards are adopted by reference: (a) International building code (IBC), international code council, 2006 edition, including the appendices but excluding the references in chapter 35 to NFPA 13, 13D, 13R, 14, 30, 72, 101, and 110; (b) international fire code (IFC), international code council, 2006 edition, including the appendices but excluding the following: (1) Chapters 22, 30, 33, 34, 35, 36, and 38; and (2) the references in chapter 45 to NFPA 10, 13, 13D, 13R, 14, 25, 30, 30A, 52, 72, 101, 110, and 385; (c) portable fire extinguishers. NFPA standard no. 10, including annexes A, B, C, D, E, F, G, H, I, J, and K, 2007
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edition. The provisions of section 4.4.1 shall be effective only on and after January 1, 2014; (d) installation of sprinkler systems. NFPA standard no. 13, including annexes A, B, C, and E, 2007 edition; (e) installation of sprinkler systems in one- and twofamily dwellings and manufactured homes. NFPA standard no. 13D, including annexes A and B, 2007 edition; (f) installation of sprinkler systems in residential occupancies up to and including four stories in height. NFPA standard no. 13R, including annexes A and B, 2007 edition; (g) installation of standpipe and hose systems. NFPA standard no. 14, including annexes A and B, 2007 edition; (h) dry chemical extinguishing systems. NFPA standard no. 17, including annexes A and B, 2002 edition; (i) wet chemical extinguishing systems. NFPA standard no. 17A, including annexes A and B, 2002 edition; (j) water-based fire protection systems. NFPA standard no. 25, including annexes A, B, C, D, and E, 2008 edition.; (k) flammable and combustible liquids. NFPA standard no. 30, including annexes A, B, C, D, E, F, and H, 2008 edition; (l) motor fuel-dispensing facilities. NFPA standard no. 30A, including annexes A, B, and D, 2008 edition; (m) vehicular fuel systems. NFPA standard no. 52, including annexes A, C, D, and E, 2006 edition; (n) national electric code. NFPA standard no. 70, including annexes A, B, C, D, E, F, G, and H, 2008 edition; (o) NFPA standard no. 72, including annexes A, B, C, E, F, G, and H, 2007 edition; (p) vapor removal from cooking equipment. NFPA standard no. 96, including annexes A and B, 2008 edition; (q) life safety code. NFPA standard no. 101, including annexes A and B, 2006 edition; (r) alternative approaches to life safety. NFPA standard no. 101A, including annexes A and B, 2007 edition; (s) assembly seating, tents, and membrane structures. NFPA standard no. 102, including annexes A and B, 2006 edition; (t) emergency and standby power systems. NFPA standard no. 110, including annexes A, B, and C, 2005 edition; (u) fire safety symbols. NFPA standard no. 170, including annexes A, B, C, and D, 2006 edition; and (v) tank vehicles for flammable and combustible liquids. NFPA standard no. 385, including annexes A, B, and C 2007 edition. (Authorized by and implementing K.S.A. 2008 Supp. 31-133; effective May 10, 1993; amended Feb. 4, 2011.) Article 8.LIQUEFIED PETROLEUM GASES 22-8-13. Adoption of national codes. The following national fire protection association standards, including the annexes, are hereby adopted by reference: (a) Standard no. 54, national fuel gas code, 2006 edition; and (b) standard no. 58, liquefied petroleum gas code, 2008 edition, except that the provisions of chapter 6.25 shall be effective only on and after January 1, 2012. (Authorized by and implementing K.S.A. 2008 Supp. 55-1812; effective March 31, 2006; amended Feb. 4, 2011.)
Article 10.INSTALLATION AND CERTIFICATION STANDARDS FOR EXTINGUISHING DEVICES 22-10-3. Registration certificate. (a) Each business that services, recharges, installs, or inspects portable fire extinguishers or fixed extinguishing systems or hydrostatically tests these cylinders or any combination of them shall obtain a registration certificate issued by the state fire marshal unless otherwise exempted by these regulations. The registration certificate shall indicate the class or classes that are authorized. A certified business shall provide only the classes listed under its own registration number. A certified business may take orders for a class or classes that are not authorized by its registration certificate if these orders are consigned to a business that is certified to perform the class or classes indicated. (b) The registration certificate shall indicate one or more of the following classes: (1) Class RA, which permits servicing, recharging, installing, or inspecting fixed extinguishing systems by a currently certified manufacturers distributor; (2) class RB, which permits servicing, recharging, installing, or inspecting portable fire extinguishers; (3) class RC, which permits hydrostatic testing of nonDOT cylinders, including wet chemical or dry chemical containers; or (4) class RD, which permits servicing, recharging, and inspecting fixed extinguishing systems. (c) Each business that desires a registration certificate shall submit a written application on forms prescribed by the state fire marshal and signed by the sole proprietor, each partner, or an officer of the corporation, as appropriate. (d) Each applicant shall provide proof that an employee meets one of the following requirements: (1) Received training from the manufacturer of each fixed extinguishing system whose products are used by the business indicating the type or types of systems the employee has been trained to service; or (2) meets the following requirements: (A) Has a notarized affidavit filed with the state fire marshals office attesting that the employee has at least two years of experience in servicing, recharging, and inspecting fixed extinguishing systems and has access to the tools and service manuals for each fixed extinguishing system that the business services; and (B) has current certification through the international code council and the national association of fire equipment distributors (ICC/NAFED). (e) A nonrefundable application fee of $200 shall accompany each application. No fee shall be charged for any person who is an officer or employee of the state or any political or taxing subdivision if that person is acting on behalf of the state or political or taxing subdivision. (f)(1) Each applicant for a class RA registration certificate shall provide proof of at least $500,000 of insurance covering comprehensive general liability, bodily injury, property damage, and completed operations. Written authorization shall be included from each fixed extinguishing system manufacturer whose products are used by the business including the types of systems the
(continued)
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business is authorized and has been trained to install or service. The manufacturers authorization shall remain valid until the employees training certificate expires or is cancelled for misconduct. (2) Each applicant for a class RB or RC registration certificate shall provide proof of at least $100,000 of insurance covering comprehensive general liability, bodily injury, property damage, and completed operations. (3) Each applicant for a class RD registration certificate shall provide proof of a at least $1,000,000 of insurance covering comprehensive general liability, bodily injury, property damage, and completed operations. (g) If, after reviewing the application, insurance information, record of services, servicing and shop facilities, and methods and procedures of operations, the state fire marshal finds that granting or renewing a registration certificate would be in the interest of public safety and welfare, a certificate for the appropriate classes of registration requested by the business shall be issued or renewed by the state fire marshal. An identifying number shall be assigned by the state fire marshal to each registration certificate. (h) Each registration certificate shall be valid for one calendar year. Renewal applications shall be submitted to the state fire marshal on or before November 30 of the year of expiration and shall meet the requirements of subsections (d), (e), and (f), as applicable. (i) Evidence that a registration certificate has been altered shall render the certificate invalid. The altered certificate shall be surrendered to the state fire marshal. (j) Each change in the location or ownership of a certified business shall be reported in writing to the state fire marshal at least 14 days before the change. Failure to notify the state fire marshal may render the registration certificate invalid. Each change in location or ownership shall be verified by the state fire marshal or an authorized deputy. (k) Each registration certificate issued by the state fire marshal shall be posted at the certified location and be available for inspection during normal business hours. (l) A duplicate registration certificate may be issued by the state fire marshal to replace one that has been lost or destroyed if a written statement attesting to the loss or destruction of the original certificate is submitted. (m) A registration certificate shall not constitute authorization for a registration certificate holder or the holders employees to perform either of the following: (1) To enter any property or building; or (2) to enforce any provision of these regulations. (Authorized by and implementing K.S.A. 2008 Supp. 31-133, 31-133a; effective, E-82-3, Jan. 21, 1981, effective May 1, 1981; amended May 1, 1982; amended, T-83-31, Oct. 25, 1982; amended May 1, 1983; amended Aug. 28, 1989; amended Sept. 17, 1990; amended Jan. 21, 1991; amended Feb. 4, 2011.) Article 11.ADULT CARE HOMES, HOSPITALS, RESIDENTIAL CARE FACILITIES AND MATERNITY CENTERS 22-11-6. (Authorized by and implementing K.S.A. 1989 Supp. 31-133; effective May 1, 1981; amended May
1, 1985; amended May 1, 1986; amended Sept. 17, 1990; revoked Feb. 4, 2011.) 22-11-8. Adult and boarding care homes. (a) The requirements of NFPA standard no. 101, which is adopted in K.A.R. 22-1-3, shall apply to one- and two-bed adult care homes, one- and two-bed adult family homes, three- and four-bed boarding care adult care homes, and boarding care homes for the mentally retarded. (b) A life safety code inspection of a home shall be performed by the state fire marshal or an authorized representative under K.S.A. 31-137, and amendments thereto, upon request from the Kansas department of health and environment. (c) As used in this subsection, ambulatory shall mean having the physical and mental capability of getting in and out of bed and walking in a normal path to safety in a reasonable period of time without the aid of another person. Nonambulatory shall mean not having the physical or mental capability of getting in and out of bed and walking a normal path to safety without the aid of another person. (1) Ambulatory residents who are able to walk without the aid of another person but are unable to move from place to place without the use of a device including a walker, crutches, wheelchair, or wheeled platform shall be housed on the ground level of a home if handicap accommodations for exiting are present. (2) Fully ambulatory residents who do not require the use of a device including a walker, crutches, wheelchair, or wheeled platform may be housed on any level of a home. (3) Nonambulatory persons shall not be allowed as residents. (d) The following requirements shall apply to all oneand two-bed adult care homes, one- and two-bed adult family homes, three- and four-bed boarding care adult care homes, and boarding care homes for the mentally retarded, in addition to NFPA standard no. 101, which is adopted in K.A.R. 22-1-3: (1) Emergency lighting shall be provided to ensure illumination for evacuation in case of a power failure. (2) Fire alarms, smoke detectors, and fire extinguishers shall be maintained in an operable condition at all times. (3) Fire drills shall be conducted as frequently as necessary, and at least once every three months, to ensure orderly egress in case of an emergency. (4) Each exit and each route to each exit shall be clearly marked so that all residents will readily know the direction of egress from any point within the building. (5) Each exit shall be arranged and maintained to provide free, unobstructed egress. Locks or fastening devices shall not be installed to prevent free escape from inside the building. (6) Each building shall be constructed, arranged, equipped, maintained, and operated to avoid danger to the lives and safety of its residents from fire, smoke, fumes, and panic during emergency situations. (Authorized by and implementing K.S.A. 2008 Supp. 31-133 and K.S.A. 31-147; effective May 1, 1983; amended May 1, 1984; amended May 1, 1985; amended May 1, 1986; amended Sept. 17, 1990; amended Feb. 4, 2011.)
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Article 15.CHILD CARE FACILITIES 22-15-7. (Authorized by and implementing K.S.A. 1989 Supp. 31-133; effective May 1, 1979; amended May 1, 1986; amended Sept. 17, 1990; revoked Feb. 4, 2011.) Article 18.EDUCATIONAL OCCUPANCIES 22-18-3. Construction requirements for school buildings. (a) The construction of school buildings shall meet the requirements of the international building code, 2006 edition, as specified in K.S.A. 31-134a and amendments thereto. All electric wiring shall conform to the
AGENCY 1: DEPARTMENT OF ADMINISTRATION Reg. No. 1-2-64 1-2-65 1-7-3 1-7-4 1-7-6 1-7-7 1-7-10 1-7-11 1-7-12 1-14-8 1-16-8 1-16-15 1-16-18 1-16-18a 1-16-20 Reg. No. 3-3-1 3-3-1 3-3-2 3-3-2 3-4-1 3-4-2 3-4-4 3-4-5 3-4-6 3-4-7 Action New New Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Action Amended (T) Amended Amended (T) Amended Amended Amended Amended Amended Revoked Amended Register V. 28, p. 1338 V. 28, p. 1338 V. 28, p. 1338 V. 28, p. 1338 V. 28, p. 1339 V. 28, p. 1339 V. 28, p. 1339 V. 28, p. 1340 V. 28, p. 1340 V. 28, p. 1341 V. 29, p. 676 V. 29, p. 677 V. 29, p. 677 V. 29, p. 678 V. 29, p. 680 Register V. 27, p. 1091 V. 27, p. 1517 V. 29, p. 702 V. 30, p. 9 V. 28, p. 1716 V. 28, p. 1716 V. 28, p. 1716 V. 28, p. 1717 V. 28, p. 1717 V. 28, p. 1717 4-10-2a through 4-10-2d 4-10-2e 4-10-2f through 4-10-2k 4-10-4 4-10-4a through 4-10-4f 4-10-5a 4-10-6 4-10-6a 4-10-6b 4-10-7 4-10-10 4-10-15 4-10-16 4-10-17 4-13-1 4-13-2 4-13-3 4-13-9 4-13-11 4-13-13 4-13-14 4-13-16 4-13-17 4-13-18 4-13-20 4-13-21 4-13-22 4-13-23 4-13-24 4-13-25 4-13-25b through 4-13-25h 4-13-25i 4-13-25j 4-13-25k 4-13-25l 4-13-25m 4-13-30 4-13-33 4-13-40 4-13-41 4-13-42 4-13-60 4-13-61 4-13-62 4-13-64 4-13-65 4-15-5 4-15-11 4-15-12 4-15-13 4-15-14 4-16-1a 4-16-1c 4-16-7a 4-16-300 4-16-301 4-16-302 4-16-303
requirements of the national electric code of the national fire protection association adopted by K.A.R. 22-1-3. (b) The construction of mobile, modular, portable, or relocatable school buildings shall meet the requirements of the life safety code adopted by K.A.R. 22-1-3. (Authorized by and implementing K.S.A. 2008 Supp. 31-133, 31150; effective Sept. 17, 1990; amended May 10, 1993; amended Feb. 4, 2011.) Dan McLaughlin State Fire Marshal
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Revoked Amended Revoked Revoked New Amended Revoked New New Amended New Revoked Amended Revoked Amended Amended Amended Amended Revoked Amended Amended Amended Amended Amended Amended Amended Revoked Amended Amended Amended Amended Revoked Amended Amended Amended New Amended Amended Amended Revoked Revoked Amended Revoked Amended Amended Amended Amended Amended Revoked Amended Amended Amended Amended Amended Amended Revoked Amended Amended
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4-16-304 4-16-305 4-17-300 4-17-301 4-17-302 4-17-303 4-17-304 4-17-305 4-20-11 4-27-1 through 4-27-22 4-28-1 4-28-2 4-28-5 4-28-8 through 4-28-16 4-28-8 4-28-11 4-28-12 4-28-18 through 4-28-30
Amended Amended Amended Revoked Amended Amended Amended Amended Amended New Amended Amended Amended New Amended Amended Amended New
V. 27, p. 1025 V. 27, p. 1025 V. 27, p. 1026 V. 27, p. 1026 V. 27, p. 1026 V. 27, p. 1026 V. 27, p. 1026 V. 27, p. 1027 V. 27, p. 1027 V. 29, p. 706-720 V. 29, p. 720 V. 29, p. 720 V. 27, p. 1742 V. 27, p. 191-195 V. 29, p. 721 V. 29, p. 722 V. 29, p. 722 V. 29, p. 723-725
AGENCY 5: DEPARTMENT OF AGRICULTUREDIVISION OF WATER RESOURCES Reg. No. 5-1-1 5-1-2 5-1-4 5-1-7 5-1-9 5-2-4 5-3-3 5-3-4 5-3-4a 5-3-5d 5-3-16 5-3-23 5-3-23 5-4-1 5-4-1a 5-4-2 5-5-6c 5-5-13 5-5-14 5-6-2 5-6-5 5-7-1 5-7-4 5-9-1a through 5-9-1d 5-14-3 5-14-3a 5-14-10 5-17-2 5-20-1 5-20-2 5-22-7 5-25-5 5-25-15 5-40-24 Action Amended Amended Amended Amended Amended New Amended Amended Amended Amended Amended Amended (T) Amended Amended New New New Amended Amended Amended Amended Amended Amended New Amended New Amended Amended New New Amended Amended Amended Amended Register V. 27, p. 1549 V. 27, p. 1553 V. 29, p. 652 V. 27, p. 1553 V. 29, p. 653 V. 27, p. 1554 V. 27, p. 1554 V. 27, p. 1555 V. 28, p. 241 V. 27, p. 1555 V. 27, p. 1555 V. 29, p. 1338 V. 29, p. 1598 V. 29, p. 1476 V. 29, p. 1477 V. 27, p. 1556 V. 27, p. 1556 V. 27, p. 1556 V. 27, p. 1557 V. 27, p. 1557 V. 27, p. 1557 V. 29, p. 653 V. 28, p. 1715 V. 27, p. 1557, 1558 V. 28, p. 241 V. 28, p. 242 V. 27, p. 1558 V. 29, p. 654 V. 28, p. 1317 V. 28, p. 1318 V. 29, p. 596 V. 29, p. 1598 V. 29, p. 654 V. 27, p. 1438
AGENCY 4: DEPARTMENT OF AGRICULTURE Reg. No. 4-3-47 4-6-1 4-6-2 4-6-3 4-7-213 4-7-716 4-7-900 4-7-901 4-7-902 4-7-903 4-7-904 4-10-1 4-10-1a 4-10-1b Action Amended (T) Amended Amended New Amended Amended Amended Revoked Amended Amended Amended Amended New New Register V. 30, p. 25 V. 28, p. 1594 V. 28, p. 1594 V. 27, p. 1741 V. 29, p. 1023 V. 29, p. 1023 V. 27, p. 1022 V. 27, p. 1022 V. 27, p. 1022 V. 27, p. 1023 V. 27, p. 1023 V. 29, p. 254 V. 29, p. 255 V. 29, p. 255
(continued)
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5-45-1 5-45-4 5-45-19 through 5-45-23 Reg. No. 7-16-1 (T) 7-16-1 7-16-2 7-17-1 7-17-4 7-17-11 7-17-19 7-17-21 7-17-22 7-17-24 7-21-1 7-21-2 7-21-3 7-21-4 7-23-13 7-37-2 7-38-2 7-41-1 through 7-41-7 7-41-8 7-41-9 7-41-10 through 7-41-17 7-41-18 through 7-41-29 7-41-30 7-41-31 7-41-32 7-41-33 7-41-34 7-41-35 7-45-1 7-45-2 Reg. No. 9-7-4 9-7-4 9-27-1 Amended Amended New Action Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked New Revoked Revoked Revoked Amended Revoked Revoked Amended Revoked Amended Revoked Amended Amended New New New New Action Amended (T) Amended Amended V. 27, p. 1439 V. 27, p. 1440 V. 27, p. 1441, 1442 Register V. 29, p. 1115 V. 29, p. 1281 V. 27, p. 1548 V. 27, p. 965 V. 27, p. 966 V. 27, p. 966 V. 27, p. 966 V. 27, p. 966 V. 27, p. 966 V. 27, p. 967 V. 27, p. 967 V. 27, p. 967 V. 27, p. 967 V. 27, p. 967 V. 27, p. 968 V. 27, p. 968 V. 27, p. 968 V. 28, p. 193-195 V. 28, p. 195 V. 28, p. 195 V. 28, p. 195, 196 V. 28, p. 196 V. 28, p. 196 V. 28, p. 196 V. 28, p. 196 V. 28, p. 197 V. 28, p. 197 V. 28, p. 197 V. 27, p. 968 V. 27, p. 968 Register V. 29, p. 703 V. 29, p. 1336 V. 29, p. 1337 14-11-14 14-11-15 14-11-16 14-11-22 14-11-23 through 14-11-29 14-11-27 14-16-25 14-17-7 14-19-27 14-19-38 14-19-39 14-20-29 14-20-40 14-20-41 14-21-12 14-21-21 14-21-22 14-23-2 14-23-5 14-23-8 14-23-10 14-24-1 through 14-24-6
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Revoked Amended Amended New New Revoked New New Amended New New Amended New New Amended New New Amended Amended Amended Amended Revoked Action V. 29, p. 1308 V. 29, p. 1308 V. 29, p. 1308 V. 29, p. 1633 V. 29, P. 1308-1310 V. 29, p. 1730 V. 29, p. 1310 V. 27, p. 1214 V. 29, p. 1310 V. 29, p. 1311 V. 29, p. 1311 V. 29, p. 1311 V. 29, p. 1312 V. 29, p. 1312 V. 29, p. 1313 V. 29, p. 1313 V. 29, p. 1313 V. 29, p. 1314 V. 29, p. 1314 V. 29, p. 1314 V. 29, p. 1315 V. 29, p. 1315 Register 26-39-427 26-40-301 through 26-40-305 26-41-101 through 26-41-106 26-41-200 through 26-41-207 26-42-101 26-42-102 26-42-104 26-42-105 26-42-200 through 26-42-207 26-43-101 through 26-43-106 26-43-200 through 26-43-207
Revoked New New New New New New New New New New V. 28, p. 649 V. 29, p. 1777-1793 V. 28, p. 649-651 V. 28, p. 652-657 V. 28, p. 657 V. 28, p. 658 V. 28, p. 659 V. 28, p. 659 V. 28, p. 659-664 V. 28, p. 664-667 V. 28, p. 667-671
AGENCY 28: DEPARTMENT OF HEALTH AND ENVIRONMENT Reg. No. 28-1-20 28-4-92 28-4-92 28-4-117 28-4-120 28-4-121 28-4-122 28-4-311 28-4-312 through 28-4-317 28-4-370 through 28-4-379 28-4-430 28-4-503 28-4-505 28-4-514 28-4-520 28-4-521 28-4-800 through 28-4-825 28-4-1200 through 28-4-1218 28-4-1300 through 28-4-1318 28-16-28g 28-17-6 28-17-12 28-19-200a 28-19-202 28-19-325 28-19-350 28-19-517 28-19-712 28-19-712a through 28-19-712d 28-19-713 28-19-713a through 28-19-713d 28-19-720 28-19-728 28-19-728a through 28-19-728f 28-19-735 28-19-750 28-19-750a 28-21-1 28-21-6 28-21-7 28-21-8 Action Amended Amended (T) Amended Amended Amended New Amended Amended Revoked Revoked Amended Amended Amended Amended New New New New New Amended Amended Amended New Amended New Amended Amended New New New New Amended Revoked Revoked Amended Amended Amended Revoked Revoked Revoked Revoked Register V. 27, p. 989 V. 29, p. 1348 V. 29, p. 1705 V. 27. p. 990 V. 27, p. 990 V. 27, p. 990 V. 27, p. 317 V. 27, p. 317 V. 27, p. 317, 318 V. 29, p. 1024 V. 27, p. 991 V. 29, p. 1662 V. 29, p. 1662 V. 29, p. 1663 V. 29, p. 1663 V. 29, p. 1663 V. 27, p. 318-334 V. 28, p. 1426-1437 V. 29, p. 1024-1032 V. 29, p. 181 V. 28, p. 1809 V. 28, p. 1809 V. 29, p. 1634 V. 29, p. 1509 V. 29, p. 1634 V. 29, p. 1635 V. 29, p. 1510 V. 29, p. 866 V. 29, p. 867 V. 29, p. 867 V. 29, p. 867, 868 V. 29, p. 1510 V. 29, p. 1511 V. 29, p. 1511 V. 29, p. 1511 V. 29, p. 1511 V. 29, p. 1511 V. 29, p. 725 V. 29, p. 725 V. 29, p. 725 V. 29, p. 725
AGENCY 16: KANSAS ATTORNEY GENERAL Reg. No. 16-11-1 through 16-11-5 16-11-6 16-11-7 16-11-8
V. 29, p. 1813-1815 V. 29, p. 1816 V. 29, p. 1816 V. 29, p. 1816
AGENCY 19: GOVERNMENTAL ETHICS COMMISSION Reg. No. 19-6-1 19-20-4 19-20-5 19-27-2 Reg. No. Action Amended Amended New Amended Action Amended Revoked Revoked Revoked Amended Revoked Revoked Revoked Amended Amended Revoked Revoked New Amended Action Register V. 29, p. 112 V. 27, p. 1020 V. 27, p. 1021 V. 27, p. 1021 Register V. 27, p. 1834 V. 27, p. 1834 V. 27, p. 1834 V. 27, p. 1834 V. 27, p. 1834 V. 27, p. 1834 V. 27, p. 1835 V. 27, p. 1835 V. 27, p. 1835 V. 27, p. 1835 V. 27, p. 1835 V. 27, p. 1835 V. 27, p. 1835-1837 V. 28, p. 1367 Register
AGENCY 22: STATE FIRE MARSHAL 22-6-1 22-6-2 22-6-3 22-6-4 22-6-5 22-6-6 22-6-7 22-6-8 22-6-9 22-6-12 22-6-13 22-6-14 22-6-18 through 22-6-27 22-24-3 Reg. No. 26-39-100 through 26-39-105 26-39-100 26-39-101 26-39-105 26-39-144 26-39-243 26-39-278
V. 27, p. 1633, 1634 V. 27, p. 1374 V. 27, p. 1375 V. 27, p. 1376 V. 27, p. 1377 V. 27, p. 1377
AGENCY 14: DEPARTMENT OF REVENUE DIVISION OF ALCOHOLIC BEVERAGE CONTROL Reg. No. 14-6-2a 14-6-3 14-6-4 14-8-6 14-8-7 14-8-8 14-8-12 14-11-1 14-11-4 14-11-5 14-11-6 14-11-7 14-11-9 14-11-10a 14-11-10b 14-11-10d 14-11-11 Action Revoked Revoked Amended Revoked Amended Revoked Revoked New New Amended Amended Amended Amended Revoked Revoked Revoked Revoked Register V. 29, p. 1306 V. 29, p. 1306 V. 29, p. 1306 V. 27, p. 1214 V. 27, p. 1214 V. 27, p. 1214 V. 27, p. 1214 V. 29, p. 1307 V. 29, p. 1307 V. 29, p. 1307 V. 29, p. 1307 V. 29, p. 1307 V. 29, p. 1307 V. 29, p. 1307 V. 29, p. 1308 V. 29, p. 1308 V. 29, p. 1633
New Amended Amended Amended Revoked Revoked Revoked
V. 28, p. 615-623 V. 29, p. 1772 V. 29, p. 1775 V. 29, p. 1777 V. 28, p. 623 V. 28, p. 649 V. 28, p. 649
Vol. 30, No. 3, January 20, 2011
28-21-9 28-21-10 28-21-11 28-21-20a 28-21-21a 28-21-22a 28-21-23a 28-21-24a 28-21-25a 28-21-26a 28-21-27a 28-21-28a 28-21-29a 28-21-30a 28-21-31a 28-21-32a 28-21-33a 28-21-34a 28-21-35a 28-21-40a 28-21-41a 28-21-42a 28-21-43a 28-21-44a 28-21-50a 28-21-51a 28-21-52a 28-21-53a 28-21-54a 28-21-55a 28-21-56a 28-21-57a 28-21-58a 28-21-59a 28-21-60a 28-21-61a 28-21-62a 28-21-63 28-21-64 28-21-70a 28-21-71a 28-21-72a 28-21-82 through 28-21-85 28-23-4 28-23-9 28-23-10 28-23-16 28-23-20 through 28-23-24 28-23-26 through 28-23-32 28-23-34 through 28-23-36 28-23-41 through 28-23-55 28-23-70 28-23-71 28-23-73 28-23-75 28-23-78 through 28-23-80 28-29-501 28-32-1 28-32-2 28-32-4 28-32-5 28-32-6 28-32-7 28-32-8 through 28-32-14 28-36-30 28-36-31 28-36-33 through 28-36-49 28-36-70 through 28-36-89 Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked New Revoked Revoked Revoked Revoked Revoked Revoked New Revoked Revoked Revoked Revoked V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 27, p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. 725 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 191
Kansas Register
28-36-101 through 28-36-109 28-38-18 28-38-19 28-38-21 28-38-22 28-38-23 28-38-29 28-39-145a 28-39-146 28-39-147 28-39-148 28-39-162 28-39-162a 28-39-162b 28-39-162c 28-39-164 through 28-39-168 28-39-240 through 28-39-253 28-39-275 through 28-39-288 28-39-425 through 28-39-436 28-43-1 through 28-43-11 28-45b-1 through 28-45b-28 28-46-1 28-46-2a 28-46-3 through 28-46-22 28-46-27 28-46-28 28-46-29 28-46-29a 28-46-30 28-46-30a 28-46-30b 28-46-31 28-46-33 28-46-34 28-46-35 28-46-40 28-46-41 28-46-44 28-46-45 28-53-1 through 28-53-5 28-59-5 28-61-1 28-61-2 28-61-5 28-61-8 28-61-11 28-70-4 28-72-1 28-72-1a 28-72-1c 28-72-1d 28-72-1e 28-72-1g 28-72-1h 28-72-1i 28-72-1k 28-72-1l 28-72-1m 28-72-1n 28-72-1o 28-72-1p 28-72-1r 28-72-1s 28-72-1t 28-72-1v 28-72-1x 28-72-2 Revoked Amended Amended Amended Amended Amended Amended Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Amended Revoked Revoked Revoked Revoked New Amended Amended Amended Amended Amended Amended New Amended New New Amended Amended Amended Amended Amended Amended Amended New Amended Amended Amended Amended Amended Amended Amended New Revoked New New New New New New New New New New New New New New New New New New Amended V. 29, p. 727 V. 27, p. 1742 V. 27, p. 1743 V. 27, p. 1743 V. 27, p. 1744 V. 27, p. 1744 V. 27, p. 1745 V. 28, p. 623 V. 28, p. 623 V. 28, p. 623 V. 28, p. 623 V. 29, p. 1777 V. 29, p. 1777 V. 29, p. 1777 V. 29, p. 1777 V. 28, p. 798-800 V. 28, p. 672 V. 28, p. 672 V. 28, p. 672 V. 29, p. 1137 V. 28, p. 973-988 V. 29, p. 1138 V. 29, p. 1138 V. 29, p. 1139-1141 V. 29, p. 1141 V. 29, p. 1141 V. 29, p. 1141 V. 29, p. 1142 V. 29, p. 1142 V. 29, p. 1142 V. 29, p. 1144 V. 29, p. 1144 V. 29, p. 1144 V. 29, p. 1145 V. 29, p. 1145 V. 29, p. 1145 V. 29, p. 1145 V. 29, p. 1145 V. 29, p. 1145 V. 28, p. 240, 241 V. 27, p. 462 V. 29, p. 419 V. 29, p. 419 V. 29, p. 420 V. 29, p. 422 V. 27, p. 464 V. 28, p. 800 V., 29, p. 357 V. 29, p. 357 V. 29, p. 357 V. 29, p. 358 V. 29, p. 358 V. 29, p. 358 V. 29, p. 358 V. 29, p. 359 V. 29, p. 359 V. 29, p. 359 V. 29, p. 360 V. 29, p. 360 V. 29, p. 360 V. 29, p. 360 V. 29, p. 361 V. 29, p. 361 V. 29, p. 361 V. 29, p. 361 V. 29, p. 361 V. 29, p. 361 28-72-3 28-72-4 28-72-4a 28-72-4b 28-72-4c 28-72-5 28-72-6 28-72-6a 28-72-7 28-72-7a 28-72-8 28-72-9 28-72-10 28-72-10a 28-72-11 28-72-12 28-72-13 28-72-14 28-72-15 28-72-16 28-72-17 28-72-18 28-72-18a 28-72-18b 28-72-18c 28-72-18d 28-72-18e 28-72-19 28-72-20 28-72-21 28-72-22 28-72-51 28-72-52 28-72-53 28-73-1 Amended Amended Amended Revoked Amended Amended Amended New Amended New Amended Amended Amended New Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended
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V. 29, p. 362 V. 29, p. 362 V. 29, p. 366 V. 29, p. 368 V. 29, p. 368 V. 29, p. 369 V. 29, p. 370 V. 29, p. 371 V. 29, p. 373 V. 29, p. 373 V. 29, p. 374 V. 29, p. 375 V. 29, p. 376 V. 29, p. 377 V. 29, p. 378 V. 29, p. 378 V. 29, p. 379 V. 29, p. 379 V. 29, p. 380 V. 29, p. 380 V. 29, p. 381 V. 29, p. 382 V. 29, p. 383 V. 29, p. 384 V. 29, p. 384 V. 29, p. 385 V. 29, p. 386 V. 29, p. 387 V. 29, p. 387 V. 29, p. 387 V. 29, p. 388 V. 29, p. 388 V. 29, p. 389 V. 29, p. 389 V. 28, p. 74
V. 29, p. 727 V. 28, p. 1809 V. 27, p. 247 V. 27, p. 247 V. 27, p. 247 V. 27, p. 247 V. 27, p. 247 V. 27, p. 247 V. 27, p. 247-249 V. 29, p. 727 V. 29, p. 727 V. 27, p. 73 V. 29, p. 727
AGENCY 40: KANSAS INSURANCE DEPARTMENT Reg. No. 40-1-37 40-1-38 40-1-48 40-2-28 40-3-30 Action Amended Amended Amended New Amended Register V. 28, p. 966 V. 28, p. 1593 V. 29, p. 1752 V. 28, p. 273 V. 28, p. 112
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40-3-43 40-3-52 40-3-56 40-3-57 40-3-58 40-4-35 40-4-36 40-4-37v 40-4-41 40-4-41a through 40-4-41j 40-4-43 40-7-20a 40-7-26 40-7-27 40-9-23 Amended New New New New Amended Amended New Amended Revoked New Amended New New New V. 29, p. 1337 V. 27, p. 133 V. 28, p. 1518 V. 28, p. 1518 V. 28, p. 1518 V. 28, p. 915 V. 28, p. 1252 V. 28, p. 643 V. 27, p. 434 V. 27, p. 434, 435 V. 29, p. 703 V. 28, p. 604 V. 29, p. 1752 V. 29, p. 1753 V. 29, p. 1813
Kansas Register
60-2-101 60-2-102 60-2-104 60-2-105 60-2-106 60-2-107 60-2-108 60-3-106 60-3-106a 60-3-113 60-3-114 60-7-111 60-9-105 60-9-107 60-11-101 through 60-11-105 60-11-107 60-13-103 60-13-104 60-15-101 60-15-102 60-15-104 60-16-105 Reg. No. New V. 27, p. 1135-1138 63-2-26 63-4-1 Amended Amended Amended Amended Amended Amended Amended Amended Amended New New New Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked Action New Amended V. 27, p. 1604 V. 27, p. 1605, 1670 V. 27, p. 1606 V. 28, p. 197 V. 28, p. 197 V. 27, p. 1606 V. 27, p. 1607 V. 27, p. 1607 V. 27, p. 1608 V. 27, p. 1608 V. 27, p. 1608 V. 27, p. 1609 V. 28, p. 197 V. 28, p. 198 V. 28, p. 1252-1254 V. 28, p. 1254 V. 28, p. 200 V. 28, p. 200 V. 28, p. 200 V. 28, p. 201 V. 28, p. 202 V. 29, p. 1115 Register V. 27, p. 108 V. 27, p. 108 68-7-21 68-11-2 68-16-3 68-18-1 68-18-2 68-18-3 68-19-1 68-20-10a 68-20-16 68-20-23 68-20-23 68-21-1 through 68-21-7 Reg. No. 69-3-8 69-11-1 Reg. No. 71-5-1 through 71-5-6 71-5-7 through 71-5-13 71-9-1 through 71-9-4 71-10-1 through 71-10-4 71-11-1 Reg. No. 74-4-7 74-4-8 74-4-9 74-4-10 74-5-2 74-5-2a 74-5-101 74-5-102 74-5-103 74-5-201 74-5-202 74-5-203 74-5-301 74-5-302 74-5-401 74-5-403 74-5-405a 74-5-406 74-6-2 74-7-4 74-11-6 74-11-7 74-12-1 74-15-2
New Amended Amended New New New New Amended Amended New (T) New New Action Amended (T) Amended Action V. 29, p. 465 V. 27, p. 1518 V. 28, p. 342 V. 27, p. 1857 V. 27, p. 1857 V. 27, p. 1858 V. 28, p. 342 V. 29, p. 466 V. 28, p. 1561 V. 27, p. 1709 V. 28, p. 192 V. 29, p. 1417-1420 Register V. 28, p. 923 V. 28, p. 298 Register
AGENCY 44: DEPARTMENT OF CORRECTIONS Reg. No. 44-6-101 44-6-114e 44-6-115a 44-6-125 44-6-127 through 44-6-132 Action Amended Amended Amended Amended Register V. V. V. V. 27, 27, 27, 27, p. p. p. p. 1126 1128 1134 1135
Revoked New New New New Action Amended Amended Amended Amended Amended New Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked
V. 29, p. 1593 V. 29, p. 1593-1597 V. 27, p. 1878 V. 27, p. 1879 V. 28, p. 1187 Register V. 28, p. 643 V. 29, p. 1636 V. 29, p. 1638 V. 27, p. 627 V. 29, p. 1638 V. 28, p. 646 V. 29, p. 1639 V. 28, p. 646 V. 28, p. 646 V. 28, p. 646 V. 29, p. 1639 V. 29, p. 1639 V. 28, p. 647 V. 28, p. 647 V. 28, p. 647 V. 28, p. 647 V. 28, p. 647 V. 28, p. 647 V. 29, p. 1640 V. 28, p. 648 V. 29, p. 1640 V. 29, p. 1640 V. 29, p. 1641 V. 29, p. 1641
AGENCY 48: DEPARTMENT OF LABOR EMPLOYMENT SECURITY BOARD OF REVIEW Reg. No. 48-1-1 through 48-1-6 48-2-1 through 48-2-5 48-3-1 48-3-2 48-3-4 48-3-5 48-4-1 48-4-2 Reg. No. 49-45-1 49-45-2 49-45-3 49-45-4 49-45-4a 49-45-5 49-45-6 49-45-7 49-45-8 49-45-9 49-45-20 49-45-28 49-45-29 49-45-29b 49-45-31 49-45-34 49-45-35 49-45-37 49-55-1 through 49-55-12 Action Register
AGENCY 49: DEPARTMENT OF LABOR Register V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. 27, 27, 27, 27, 27, 27, 27, 27, 27, 27, 27, 27, 27, 27, 27, 27, 27, 27, p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. 1466 1466 1466 1466 1466 1466 1466 1467 1467 1467 1467 1467 1467 1467 1467 1467 1467 1467
V. 29, p. 675, 676
AGENCY 67: BOARD OF EXAMINERS IN THE FITTING AND DISPENSING OF HEARING INSTRUMENTS Reg. No. 67-3-5 Reg. No. 68-1-1b 68-1-1h 68-1-3a 68-2-20 68-2-22 68-7-11 68-7-12b 68-7-14 68-7-20 Action New Action Amended New Amended Amended Amended Amended Amended Amended Amended Register V. 28, p. 1187 Register V. 29, p. 465 V. 28, p. 1491 V. 28, p. 1491 V. 28, p. 1765 V. 28, p. 1491 V. 29, p. 1053 V. 27, p. 1518 V. 28, p. 1492 V. 27, p. 435
AGENCY 51: DEPARTMENT OF LABOR DIVISION OF WORKERS COMPENSATION Reg. No. 51-9-7 Reg. No. 60-1-103 60-1-104 Action Amended Action Amended Amended Register V. 29, p. 1508 Register V. 27, p. 1603 V. 27, p. 1603
AGENCY 81: OFFICE OF THE SECURITIES COMMISSIONER Reg. No. 81-3-2 81-3-6 81-5-7 81-5-14 81-7-2 Action Amended Amended Amended Amended Amended Register V. 27, p. 1801 V. 28, p. 606 V. 27, p. 1156 V. 28, p. 571 V. 27, p. 1156
Vol. 30, No. 3, January 20, 2011
81-14-1 81-14-2 81-14-5 81-14-9 Amended Amended Amended Amended V. 27, p. 1157 V. 27, p. 1801 V. 28, p. 610 V. 27, p. 1163
Kansas Register
AGENCY 84: PUBLIC EMPLOYEE RELATIONS BOARD Reg. No. 84-2-1 Reg. No. 86-3-19 86-3-19 86-3-30 86-3-30 Reg. No. 88-24-1 88-28-6 88-29-1 88-29-1 88-29-4 88-29-4 88-29-5 88-29-5 88-29-7 88-29-7 88-29-8 88-29-8 88-29-8a 88-29-8a 88-29-8b 88-29-8b 88-29-9 88-29-9 88-29-11 88-29-11 88-29-12 88-29-12 88-29-18 88-29-18 88-29-19 88-29-19 Action Amended Action Amended (T) Amended New (T) New Action Amended Amended Amended (T) Amended Amended (T) Amended Amended (T) Amended Amended (T) Amended Amended (T) Amended New (T) New New (T) New Amended (T) Amended Amended (T) Amended Amended (T) Amended Amended (T) Amended Amended (T) Amended Register V. 28, p. 872 Register V. 27, p. 1090 V. 27, p. 1517 V. 27, p. 1091 V. 27, p. 1517 Register V. 29, p. 1415 V. 29, p. 408 V. 28, p. 1101 V. 28, p. 1561 V. 28, p. 1102 V. 28, p. 1562 V. 28, p. 1103 V. 28, p. 1563 V. 28, p. 1103 V. 28, p. 1563 V. 28, p. 1103 V. 28, p. 1563 V. 28, p. 1103 V. 28, p. 1563 V. 28, p. 1104 V. 28, p. 1564 V. 28, p. 1104 V. 28, p. 1564 V. 28, p. 1105 V. 28, p. 1565 V. 28, p. 1106 V. 28, p. 1566 V. 28, p. 1107 V. 28, p. 1567 V. 28, p. 1108 V. 28, p. 1568 91-40-44 91-40-45 91-40-46 91-40-48 91-40-50 91-40-51 Reg. No. 92-12-114 92-12-140 through 92-12-145 92-12-145 92-19-70 92-24-23 92-26-1 92-26-4 92-28-1 through 92-28-4 92-51-25a 92-52-14 92-52-15 92-52-16 Reg. No. 94-2-1 through 94-2-21 94-3-1 94-3-1 94-3-2 94-3-2 94-4-1 94-4-1 94-4-2 94-4-2 94-5-1 through 94-5-25 Amended Amended Amended Amended Amended Amended Action New New Amended Revoked Amended Amended Amended New New New New New Action V. 27, p. V. 27, p V. 27, p. V. 27, p. V. 27, p. V. 27, p.
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293 293 294 294 294 295
AGENCY 82: STATE CORPORATION COMMISSION Reg. No. 82-1-219 82-3-101a 82-3-107 82-3-108 82-3-111 82-3-135a 82-3-135b 82-3-138 82-3-311a 82-3-402 82-3-1100 through 82-3-1120 82-4-2 82-4-3a through 82-4-3d 82-4-3a 82-4-3d 82-4-3e 82-4-3f through 82-4-3m 82-4-3f 82-4-3n 82-4-3o 82-4-6a 82-4-8h 82-4-20 82-4-21 82-4-22 82-4-23 82-4-24a 82-4-26 82-4-26a 82-4-27 82-4-27a 82-4-27c 82-4-27e 82-4-28 82-4-28a 82-4-28b 82-4-30a 82-4-30a 82-4-31 82-4-32 82-4-33 82-4-35 82-4-35a 82-4-37 82-4-40 82-4-42 82-4-48 82-4-48a 82-4-53 82-4-54 82-4-55 82-4-56a 82-4-57 82-4-58 82-4-62 82-4-63 82-4-65 82-4-77 82-11-4 82-11-10 82-14-1 through 82-14-5 82-14-6 82-16-1 through 82-16-6 82-17-1 through 82-17-5 Action Amended New Amended Amended Amended Amended Amended Amended New Amended New Amended Amended Amended Amended Revoked Amended Amended New New Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked Revoked Revoked Amended (T) Amended Revoked Amended Amended Amended Amended Revoked Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked Amended Amended Amended Amended Amended Amended New New New Register V. 29, p. 1099 V. 29, p. 1508 V. 27, p. 1518 V. 27, p. 1519 V. 27, p. 1520 V. 27, p. 1521 V. 27, p. 1521 V. 27, p. 1521 V. 29, p. 181 V. 27, p. 1521 V. 29, p. 182-190 V. 29, p. 1443 V. 28, p. 1373-1385 V. 29, p. 1443 V. 29, p. 1444 V. 28, p. 1386 V. 28, p. 1386-1397 V. 29, p. 1390 V. 29, p. 1444 V. 29, p. 1445 V. 29, p. 1446 V. 29, p. 1446 V. 28, p. 1397 V. 29, p. 1446 V. 29, p. 1446 V. 29, p. 1447 V. 29, p. 1447 V. 29, p. 1447 V. 29, p. 1447 V. 29, p. 1447 V. 29, p. 1448 V. 29, p. 1448 V. 29, p. 1449 V. 29, p. 1449 V. 29, p. 1449 V. 29, p. 1449 V. 29, p. 702 V. 29, p. 1392 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1451 V. 29, p. 1451 V. 29, p. 1451 V. 29, p. 1452 V. 29, p. 1452 V. 29, p. 1452 V. 29, p. 1453 V. 29, p. 1453 V. 29, p. 1453 V. 29, p. 1453 V. 29, p. 1453 V. 29, p. 1454 V. 28, p. 917 V. 28, p. 922 V. 28, p. 967-971 V. 28, p. 972 V. 29, p. 1598-1601 V. 29, p. 1136, 1137
AGENCY 92: DEPARTMENT OF REVENUE Register V. 27, p. 865 V. 27, p. 866, 867 V. 28, p. 604 V. 27, p. 868 V. 29, p. 1633 V. 28, p. 170 V. 28, p. 170 V. 28, p. 113 V. 29, p. 1281 V. 27, p. 1214 V. 27, p. 1214 V. 27, p. 1215 Register
AGENCY 91: DEPARTMENT OF EDUCATION Reg. No. 91-1-200 91-1-201 91-1-202 91-1-203 91-1-204 91-1-205 91-1-207 91-1-209 91-1-210 91-1-216 91-1-220 91-1-221 91-19-1 91-19-6 91-40-1 91-40-2 91-40-3 91-40-5 91-40-7 through 91-40-12 91-40-16 91-40-17 91-40-21 91-40-22 91-40-26 through 91-40-31 91-40-27 91-40-33 91-40-34 91-40-35 91-40-37 91-40-38 91-40-39 91-40-41 91-40-42 91-40-42a 91-40-43 Action Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked Amended Revoked Amended Amended New Amended Register V. 28, p. 1222 V. 27, p. 1028 V. 28, p. 1223 V. 28, p. 1225 V. 28, p. 1229 V. 28, p. 1232 V. 27, p. 1037 V. 27, p. 1037 V. 27, p. 1038 V. 28, p. 1233 V. 27, p. 1038 V. 27, p. 1040 V. 27, p. 1041 V. 27, p. 1041 V. 29, p. 1093 V. 27, p. 279 V. 27, p, 279 V. 27, p. 280 V. 27, p. 281-284 V. 27, p. 285 V. 27, p. 285 V. 27, p. 286 V. 27, p. 287 V. 27, p. 287-289 V. 29, p. 1098 V. 27, p. 290 V. 27, p. 290 V. 27, p. 290 V. 27, p. 291 V. 27, p. 291 V. 27, p. 291 V. 27, p. 291 V. 27, p. 291 V. 27, p. 292 V. 27, p. 293
AGENCY 99: DEPARTMENT OF AGRICULTUREDIVISION OF WEIGHTS AND MEASURES Reg. No. 99-25-1 99-25-5 Action Amended Amended Register V. 29, p. 1242 V. 29, p. 1242
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99-25-9 99-25-11 99-25-12 99-26-1 99-27-2 99-27-3 99-27-4 99-27-5 Reg. No. 100-11-1 100-22-8 100-22-8a 100-28a-1 100-28a-2 100-28a-10 100-29-1 100-29-3a 100-29-16 100-49-4 100-54-1 100-54-4 100-54-8 100-55-1 100-55-4 100-55-7 100-55-9 100-69-1 100-69-2 100-69-10 100-69-12 100-72-1 100-72-2 100-72-7 100-73-1 100-73-1 100-73-2 100-73-9 Amended New New Amended Amended Revoked Amended Amended Action Amended Revoked New Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked Amended New Amended Amended Amended Amended (T) Amended Amended Amended V. 27, p. 108 V. 27, p. 109 V. 29, p. 1242 V. 28, p. 522 V. 27, p. 1019 V. 27, p. 1019 V. 27, p. 1019 V. 27, p. 1019 Register V. 29, p. 650 V. 27, p. 357 V. 27, p. 357 V. 28, p. 112 V. 28, p. 1736 V. 28, p. 572 V. 29, p. 598 V. 28, p. 1737 V. 28, p. 1060 V. 29, p. 651 V. 28, p. 1594 V. 27, p. 209 V. 28, p. 1595 V. 29, p. 704 V. 27, p. 209 V. 29, p. 651 V. 28, p. 572 V. 27, p. 1672 V. 27, p. 1672 V. 28, p. 572 V. 29, p. 704 V. 28, p. 112 V. 29, p. 705 V. 28, p. 273 V. 28, p. 923 V. 28, p. 1282 V. 29, p. 598 V. 27, p. 315
Kansas Register
AGENCY 108: STATE EMPLOYEES HEALTH CARE COMMISSION Reg. No. 108-1-1 108-1-1 108-1-3 108-1-3 108-1-4 108-1-4 Action Amended Amended (T) Amended Amended (T) Amended Amended (T) Register V. 29, p. 1055 V. 29, p. 1340 V. 29, p. 1057 V. 29, p. 1342 V. 29, p. 1059 V. 29, p. 1344 111-4-2912 through 111-4-2923 111-4-2924 through 111-4-2930 111-4-2931 through 111-4-2938 111-4-2939 through 111-4-2948 111-4-2949 through 111-4-2984 111-4-2949 through 111-4-2984 111-4-2985 through 111-4-2988 111-4-2989 111-4-2990 111-4-2991 111-4-2992 through 111-4-3011 111-4-3012 through 111-4-3022 111-5-175 through 111-5-179 111-5-180 through 111-5-194 111-5-181 111-5-184 111-5-186 111-5-194 111-9-162 111-9-163 111-9-164 111-9-165 111-9-166 111-9-167 111-9-168 111-9-169 111-201-1 through 111-201-17 111-301-1 through 111-301-6 111-302-1 through 111-302-6 111-303-1 through 111-303-5 111-304-1 through 111-304-6 111-305-1 through 111-305-6 111-306-1 through 111-306-6 111-306-4 111-306-6 111-307-1 through 111-307-7 111-308-1 through 111-308-7 111-309-1 through 111-309-6 111-310-1 through 111-310-6
New New New New New New New New New New New New New New Amended Amended Amended Amended New New New New New New New New New New New New New New New Amended Amended New New New New
V. 29, p. 153-157 V. 29, p. 216-222 V. 29, p. 467-473 V. 29, p. 569-575 V. 29, p. 746-769 V. 29, p. 746-769 V. 29, p. 1180-1183 V. 29, p. 1216 V. 29, p. 1217 V. 29, p. 1218 V. 29, p. 1248-1259 V. 29, p. 1513-1522 V. 29, p. 157-159 V. 29, p. 222-228 V. 29, p. 1522 V. 29, p. 1523 V. 29, p. 1524 V. 29, p. 1525 V. 29, p. 229 V. 29, p. 229 V. 29, p. 230 V. 29, p. 769 V. 29, p. 1184 V. 29, p. 1526 V. 29, p. 1526 V. 29, p. 1527 V. 29, p. 73-79 V. 29, p. 79, 80 V. 29, p. 82-86 V. 29, p. 87-89 V. 29, p. 89-91 V. 29, p. 474, 475 V. 29, p. 1185-1187 V. 29, p.1260 V. 29, p. 1219 V. 29, p. 1189-1191 V. 29, p. 1261-1263 V. 29, p. 1528-1530 V. 29, p. 1530-1532
AGENCY 109: BOARD OF EMERGENCY MEDICAL SERVICES Reg. No. 109-2-9 109-3-1 109-5-1 109-5-2 109-5-3 109-5-4 109-5-5 109-5-6 109-6-1 109-6-2 109-6-3 109-10-7 109-11-1 109-11-3 109-11-4 109-11-6 109-15-1 109-15-2 Reg. No. 110-4-1 through 110-4-5 110-13a-1 110-13a-2 110-13a-3 110-19-1 through 110-19-4 110-20-1 through 110-20-4 Action Amended Amended Amended Amended Amended Revoked New New Amended Amended Revoked New Amended Amended Amended Amended New Amended Action Register V. 28, p. 1030 V. 28, p. 1030 V. 29, p. 1281 V. 28, p. 574 V. 29, p. 1282 V. 29, p. 113 V. 27, p. 1548 V. 28, p. 575 V. 29, p. 113 V. 29, p. 113 V. 28, p. 575 V. 29, p. 113 V. 29, p. 1283 V. 29, p. 1284 V. 29, p. 1284 V. 29, p. 1285 V. 28, p. 575 V. 29, p. 1285 Register
Amended New New New New New
V. 30, p. 25-27 V. 27, p. 1063 V. 27, p. 1063 V. 27, p. 1064 V. 27, p. 1064, 1065 V. 27, p. 1065, 1066
AGENCY 111: KANSAS LOTTERY A complete index listing all regulations filed by the Kansas Lottery from 1988 through 2000 can be found in the Vol. 19, No. 52, December 28, 2000 Kansas Register. A list of regulations filed from 2001 through 2003 can be found in the Vol. 22, No. 52, December 25, 2003 Kansas Register. A list of regulations filed from 2004 through 2005 can be found in the Vol. 24, No. 52, December 29, 2005 Kansas Register. A list of regulations filed from 2006 through 2007 can be found in the Vol. 26, No. 52, December 27, 2007 Kansas Register. A list of regulations filed from 2008 through November 2009 can be found in the Vol. 28, No. 53, December 31, 2009 Kansas Register. The following regulations were filed after December 1, 2009: Reg. No. 111-2-30 111-2-232 111-2-233 111-2-234 111-2-235 through 111-2-240 111-2-241 111-2-242 111-2-243 through 111-2-248 111-4-2899 through 111-4-2907 111-4-2908 through 111-4-2911 111-4-2911a Action Amended Amended Amended New New New New New New New New Register V. V. V. V. 29, 29, 29, 29, p. p. p. p. 215 215 215 746
V. 29, p. 1214, 1215 V. 29, p. 1247 V. 29, p. 1247 V. 29, p. 1512, 1513 V. 29, p. 9-14 V. 29, p. 149-152 V. 29, p. 152
Vol. 30, No. 3, January 20, 2011
111-311-1 through 111-311-7
Kansas Register
AGENCY 115: DEPARTMENT OF WILDLIFE AND PARKS AGENCY 127: KANSAS HOUSING RESOURCES CORPORATION Reg. No. 127-2-1 127-2-2 127-2-3 Action New New New Reg. No. 115-2-1 115-2-3 115-2-3a 115-2-5 115-4-2 115-4-4 115-4-4a 115-4-6 115-4-6a 115-4-11 115-4-13 115-4-14 115-5-1 115-5-2 115-6-1 115-7-1 115-7-2 115-7-3 115-7-8 115-7-9 115-7-10 115-8-1 115-8-6 115-8-9 115-8-10 115-8-13 115-15-1 115-15-2 115-18-7 115-18-20 115-18-21 115-20-7 Action Register
55
New
V. 29, p. 1532-1535
Register V. 28, p. 192 V. 28, p. 192 V. 28, p. 193
AGENCY 112: RACING AND GAMING COMMISSION Reg. No. 112-12-15 112-13-6 112-100-1 through 112-100-7 112-101-1 through 112-101-16 112-102-1 through 112-102-13 112-103-1 through 112-103-12 112-103-15 112-103-16 112-104-1 through 112-104-33 112-104-34 through 112-104-41 112-105-1 through 112-105-7 112-106-1 through 112-106-7 112-107-1 112-107-2 112-107-3 112-107-5 112-107-6 112-107-7 112-107-9 112-107-10 112-107-11 112-107-13 through 112-107-32 112-107-34 112-108-1 through 112-108-57 112-110-1 through 112-110-13 112-111-1 through 112-111-5 112-112-1 through 112-112-9 112-113-1 112-114-1 through 112-114-6 112-114-8 through 112-114-12 112-114-14 Action New New New New New New New New New New New New New New New New New New New New New New New New New New New New New New New Register V. 28, p. 797 V. 28, p. 376 V. 27, p. 1378 V. 28, p. 376-379 V. 28, p. 1161-1163 V. 28, p. 376-382 V. 28, p. 382 V. 28, p. 382 V. 27, p. 1378-1406 V. 28, p. 1457-1459 V. 27, p. 1406-1408 V. 27, p. 1408-1411 V. 28, p. 424 V. 28, p. 424 V. 28, p. 424 V. 28, p. 428 V. 28, p. 428 V. 28, p. 428 V. 28, p. 429 V. 28, p. 429 V. 28, p. 430 V. 28, p. 430-440 V. 28, p. 441 V. 28, p. 1766-1788 V. 28, p. 464-470 V. 28, 470-472 V. 27, p. 1411-1413 V. 28, p. 382 V. 28, p. 472 V. 28, p. 472, 473 V. 28, p. 473
Amended V. 29, p. 1602 Amended V. 29, p. 1603 Amended V. 29, p. 1603 Amended V. 27, p. 1265 Amended V. 29, p. 408 Amended V. 29, p. 658 Amended V. 29, p. 659 Amended V. 29, p. 409 Revoked V. 27, p. 112 Amended V. 29, p. 67 Amended V. 27, p. 404 Revoked V. 27, p. 112 Amended V. 28, p. 1250 Amended V. 28, p. 1251 Amended V. 28, p. 1251 Amended V. 29, p. 1606 Amended V. 27, p. 1708 Amended V. 28, p. 1599 Revoked V. 29, p. 1607 Amended V. 29, p. 1607 New V. 28, p. 1600 Amended V. 29, p. 1092 Amended V. 28, p. 1600 Amended V. 27, p. 1265 Amended V. 27, p. 1265 Amended V. 27, p. 112 Amended V. 28, p. 1079 Amended V. 28, p. 1080 Amended V. 29, p. 659 Amended V. 29, p. 1608 New V. 27, p. 1708 New V. 29, p. 659 AGENCY 117: REAL ESTATE APPRAISAL BOARD Action Register
AGENCY 128: DEPARTMENT OF COMMERCE KANSAS ATHLETIC COMMISSION Reg. No. 128-1-1 128-1-1 128-2-1 128-2-3 through 128-2-13 128-2-12 128-3-1 128-4-1 through 128-4-9 128-4a-1 128-5-1 128-5-2 128-6-1 128-6-2 128-6-4 Action New (T) New New New New (T) New New New New New New New New Register V. 27, p. 106 V. 27, p. 358 V. 27, p. 360 V. 27, p. 360-362 V. 27, p. 107 V. 27, p. 362 V. 27, p. 363-367 V. 27, p. 367 V. 27, p. 367 V. 27, p. 368 V. 27, p. 368 V. 27, p. 371 V. 27, p. 374
Reg. No.
117-1-1 Amended V. 28, p. 373 117-2-1 Amended V. 29, p. 412 117-2-2 Amended V. 29, p. 413 117-2-2a Amended V. 28, p. 373 117-3-1 Amended V. 29, p. 414 117-3-2 Amended V. 29, p. 415 117-3-2a Amended V. 28, p. 373 117-4-1 Amended V. 29, p. 416 117-4-2 Amended V. 29, p. 417 117-4-2a Amended V. 28, p. 374 117-5-2 Amended V. 28, p. 374 117-5-2a Amended V. 28, p. 375 117-6-1 Amended V. 29, p. 656 117-6-3 Amended V. 29, p. 656 117-7-1 Amended V. 28, p. 375 117-8-1 Amended V. 29, p. 418 117-10-1 New V. 28, p. 375 AGENCY 121: DEPARTMENT OF CREDIT UNIONS Reg. No. Action Register 121-9-1 Amended V. 28, p. 457 121-10-1 Amended V. 29, p. 675 121-10-2 New V. 27, p. 1099 121-11-1 New V. 28, p. 457 121-11-2 New V. 28, p. 457 121-12-1 New V. 28, p. 459 AGENCY 123: JUVENILE JUSTICE AUTHORITY Reg. No. 123-2-111 123-2-111 Action New (T) New Register V. 29, p. 1115 V. 29, p. 1415
Vol. 30, No. 3, January 20, 2011
Kansas Register
In this issue . . .
Page
Kansas Board of Regents Universities Notice to bidders ......................................................................................................................... 58 Kansas Commission on Peace Officers Standards and Training Notice of meeting cancellation...................................................................................................... Department of AdministrationDivision of Purchases Notice to bidders for state purchases ............................................................................................ Advisory Committee on Trauma Notice of meeting ........................................................................................................................ Pooled Money Investment Board Notice of investment rates............................................................................................................ Legislative bills and resolutions introduced January 13-19 .............................................................. Department of Health and Environment Notice of hearing on the Preventive Health and Health Services Block Grant ................................. Notice concerning water pollution control permits/applications ..................................................... Kansas Department of Transportation Notice to contractors.................................................................................................................... State Board of Education Notice of hearing on proposed administrative regulations ............................................................. Index to administrative regulations ................................................................................................. 59 59 59 59 59 59 63 62 64 65
58
State of Kansas
Kansas Register
Notice
Doc. No. 038494
Vol. 30, No. 4, January 27, 2011
Notices/Legislative Bills
State of Kansas
Kansas Register
State of Kansas
59
Commission on Peace Officers Standards and Training

Notice of Meeting Cancellation The Kansas Commission on Peace Officers Standards and Training meeting scheduled for 10 a.m. Monday, January 31, has been cancelled. The rescheduled date and time will be published when determined. For more information, call (316) 832-9906. John Carmichael Chairperson
Doc. No. 039077
Advisory Committee on Trauma

Notice of Meeting The Advisory Committee on Trauma will meet from 10 a.m. to 3 p.m. Wednesday, February 9, at the Kansas Medical Society, 623 S.W. 10th Ave., Topeka. For more information, contact the KDHE Bureau of Local and Rural Health at (785) 296-1200. Robert P. Moser, M.D. Acting Secretary of Health and Environment
Doc. No. 039079
State of Kansas

Notice of Hearing on Federal Block Grant The Kansas Department of Health and Environment will conduct a public hearing at 10 a.m. Wednesday, February 9, in the Azure Room, fourth floor, Curtis State Office Building, 1000 S.W. Jackson, Topeka, to solicit comments from interested persons on the state plan for the Preventive Health and Health Services Block Grant. For more information, contact Brandon Skidmore, Bureau of Health Promotion, at (785) 368-8264 or bskidmore@ kdheks.gov. Robert P. Moser, M.D. Acting Secretary of Health and Environment
Doc. No. 039080
State of Kansas

Doc. No. 039073
State of Kansas

02/08/2011 02/09/2011 02/10/2011 02/10/2011 02/15/2011 02/17/2011 02/23/2011 EVT0000378 EVT0000390 EVT0000382 EVT0000383 EVT0000387 EVT0000384 EVT0000171 Tree Shearing Service, Fall River & Toronto Wildlife Area AS-1 Aggregate Smith County Agricultural Services Webster Agricultural Services MDCW Agricultural Services Glen Elder State Park Asphaltic Materials Liquid Papers (Copy, Offset, Carbonless, Envelopes)
State of Kansas
Legislature
HB 2008, AN ACT concerning crimes and punishment; relating to identity theft; amending Section 177 of chapter 136 of the 2010 Session Laws of Kansas and repealing the existing section, by Representative Kinzer. HB 2009, AN ACT concerning crimes, criminal procedure and punishment; relating to home improvement fraud, by Representative Kinzer. HB 2010, AN ACT concerning civil procedure; relating to covered offenses and conduct giving rise to forfeiture; amending K.S.A. 2010 Supp. 60-4104 and repealing the existing section, by Representative Kinzer. HB 2011, AN ACT concerning taxation; relating to tax credits for certain contributions to community colleges, technical colleges and postsecondary educational institutions; amending K.S.A. 2010 Supp. 79-32,261 (continued)
The above-referenced bid documents can be downloaded at the following Web site: http://www.da.ks.gov/purch/ Additional files may be located at the following Web site (please monitor this Web site on a regular basis for any changes/addenda): http://da.state.ks.us/purch/adds/default.htm Chris Howe Director of Purchases
Doc. No. 039081
Vol. 30, No. 4, January 27, 2011
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Kansas Register
Legislative Bills
and repealing the existing section, by Committee on Legislative Educational Planning Committee. HB 2012, AN ACT concerning the legislative educational planning committee; relating to the powers and duties thereof; amending K.S.A. 2010 Supp. 46-1208a and repealing the existing section, by Committee on Legislative Educational Planning Committee. HB 2013, AN ACT repealing K.S.A. 48-1901, 48-1902, 48-1903, 48-1904 and 48-1905; concerning the sale and purchase of certain firearms, by Committee on Federal and State Affairs. HB 2014, AN ACT making and concerning appropriations for the fiscal year ending June 30, 2011, for state agencies; authorizing certain transfers, imposing certain restrictions and limitations, and directing or authorizing certain receipts, disbursements and acts incidental to the foregoing, by Committee on Appropriations. HB 2015, AN ACT concerning school districts; relating to the calculation of the local option budget; amending K.S.A. 2010 Supp. 72-6433d and repealing the existing section, by Committee on Legislative Education Planning Committee. HB 2016, AN ACT concerning school districts; relating to the program weighting; amending K.S.A. 2010 Supp. 72-6413 and repealing the existing section, by Committee on Special Committee on Education. HB 2017, AN ACT concerning school districts; relating to enrollment of pupils eligible for free meals under the national school lunch act, by Committee on Special Committee on Education. HB 2018, AN ACT concerning school districts; relating to school finance; amending K.S.A. 2010 Supp. 72-6455 and 72-6459 and repealing the existing sections, by Committee on Special Committee on Education. HB 2019, AN ACT concerning school districts; relating to interdistrict agreements and the termination thereof; amending K.S.A. 72-8233 and repealing the existing section, by Committee on Special Committee on Education. HB 2020, AN ACT affording educational institutions the option to utilize the housing system suspense fund; amending K.S.A. 2010 Supp. 76-762 and repealing the existing section, by None. HB 2021, AN ACT concerning the KAN-ED act; relating to membership thereof; amending K.S.A. 2010 Supp. 66-2010, 75-7222, 75-7223, 757224 and 75-7226 and repealing the existing sections; also repealing K.S.A. 2010 Supp. 75-7228, by Committee on Legislative Education Planning Committee. HB 2022, AN ACT concerning criminal procedure; relating to persons acquitted or verdict of not guilty of special question; relating to venue; amending K.S.A. 2010 Supp. 22-3428 and repealing the existing section, by Committee on Corrections and Juvenile Justice. HB 2023, AN ACT concerning controlled substances; amending K.S.A. 65-4107, 65-4109 and 65-4111 and K.S.A. 2010 Supp. 65-4105 and 65-4113 and repealing the existing sections, by Committee on Corrections and Juvenile Justice. HB 2024, AN ACT creating the constitutional education suitability commission, by Committee on Vision 2020. HB 2025, AN ACT concerning the regulation of motor carriers; exemptions of certain carriers; amending K.S.A. 2010 Supp. 66-1,109 and repealing the existing section, by Committee on Appropriations. HB 2026, AN ACT enacting the Kansas immigration accountability act, by Committee on Federal and State Affairs. HB 2027, AN ACT concerning the rules and regulations filing act; amending K.S.A. 77-438 and K.S.A. 2010 Supp. 77-415, 77-421 and 77436 and repealing the existing sections; also repealing K.S.A. 2010 Supp. 77-421a, by Committee on Judiciary. HB 2028, AN ACT concerning trusts; relating to insurable interests of trustees, by Committee on Judiciary. HB 2029, AN ACT concerning the Kansas tort claims act; concerning charitable health care providers; amending K.S.A. 2010 Supp. 75-6102 and repealing the existing section, by Committee on Judiciary. HB 2030, AN ACT concerning open records; relating to exceptions to disclosure; amending K.S.A. 2010 Supp. 9-513c, 40-2,118, 40-4913 and 45-229 and repealing the existing sections, by Committee on Special Committee on Judiciary. HB 2031, AN ACT concerning criminal procedure; relating to grand juries; amending K.S.A. 22-3001 and repealing the existing section, by Representatives Smith, Bruchman, Burgess, Amanda, Hildabrand, Kinzer, Mast, Meigs, Pauls, Rubin and Vickrey. HB 2032, AN ACT concerning county and district attorneys; monthly reporting of caseloads; amending K.S.A. 19-702 and 22a-104 and repealing the existing sections, by Representative Smith.
HB 2033, AN ACT relating to motor vehicles; concerning the registration of fleet motor vehicles; amending K.S.A. 2010 Supp. 8-1,152 and repealing the existing section, by Committee on Transportation. HB 2034, AN ACT concerning traffic regulations; relating to maximum speed limits on certain separated multilane highways; amending K.S.A. 2010 Supp. 8-1558 and repealing the existing section, by Committee on Transportation. HB 2035, AN ACT concerning abortion; regarding certain prohibitions on late-term and partial birth abortion; amending K.S.A. 65-445, 65-6701, 65-6703, 65-6705 and 65-6721 and K.S.A. 2010 Supp. 65-6709 and 65-6710 and repealing the existing sections; also repealing K.S.A. 65-6713, by Representatives Kinzer, Rubin, Arpke, Billinger, A. Brown, Brunk, Burgess, Calloway, Carlson, Cassidy, Collins, Crum, DeGraaf, Donohoe, Fund, Garber, Goico, Goodman, Grange, Gregory, Gonzalez, Grosserode, Henry, Hermanson, Hildabrand, Hoffman, M. Holmes, Howell, Huebert, Kelley, Kerschen, Kiegerl, Knox, Landwehr, Mast, McLeland, Meier, Meigs, Montgomery, OBrien, OHara, ONeal, Osterman, Otto, Patton, Pauls, Peck, Powell, Rhoades, Ryckman, Scapa, Schwab, Siegfreid, Smith, Suellentrop, Swanson, Tyson, Vickrey, Weber, Wetta, Williams and B. Wolf. HB 2036, AN ACT relating to interpretation of federal statutes, regulations and national codes; amending K.S.A. 77-619 and repealing the existing section, by Representatives Otto, Carlson, DeGraaf, Donohoe, Garber, Grange, Osterman, Rhoades and B. Wolf. HB 2037, AN ACT concerning commerce and economic development; amending K.S.A. 19-4109, 46-1603, 46-1801, 74-5001a, 74-5080, 74-8105, 74-8204, 74-8310 and 74-8317 and K.S.A. 2010 Supp. 12-1771a, 44-566a, 74-5002s, 74-5049, 74-50,104, 74-8001, 74-8002, 74-8004, 74-8101, 74-8135, 74-8136, 74-8405 and 74-99c07 and repealing the existing sections, by Representative ONeal. HB 2038, AN ACT concerning crimes, criminal procedure and punishment; amending section 298 of chapter 136 of the 2010 Session Laws of Kansas and repealing the existing section, by Committee on Corrections and Juvenile Justice. HB 2039, AN ACT concerning crimes and punishments; relating to smoking; amending K.S.A. 2010 Supp. 21-4009 and 21-4010 and repealing the existing sections, by Committee on Health and Human Services. HB 2040, AN ACT concerning local health departments; relating to funding reduction; amending K.S.A. 65-242 and repealing the existing section, by Committee on Health and Human Services. HB 2041, AN ACT concerning the licensure qualifications of pawnbrokers and precious metal dealers; amending K.S.A. 16-708 and repealing the existing section, by Committee on Local Government. HB 2042, AN ACT concerning crimes and punishment; relating to sexually violent crimes, by Committee on Judiciary. HB 2043, AN ACT concerning school districts; relating to online reporting of expenditures, by Representative Otto. HB 2044, AN ACT concerning motor vehicles; relating to requirements after a collision; amending K.S.A. 8-1604 and K.S.A. 2010 Supp. 8-1602, 8-1605 and section 292 of chapter 136 of the 2010 Session Laws of Kansas and repealing the existing sections; also repealing K.S.A. 2010 Supp. 8-1603 and 8-1606, by Committee on Corrections and Juvenile Justice. HB 2045, AN ACT concerning crimes, criminal procedure and punishment; relating to breach of privacy and blackmail; amending K.S.A. 2010 Supp. 22-4902 and section 64 and 171 of chapter 136 of the 2010 Session Laws of Kansas and repealing the existing sections, by Committee on Corrections and Juvenile Justice.

HCR 5004, A proposition to amend section 5 of article 12 of the constitution of the state of Kansas, relating to cities powers of home rule.
House Resolutions
HR 6005, A resolution in memory of Don M. Rezac. HR 6006, A resolution recognizing January 21, 2011, as Dentist Appreciation Day.
Senate Bills
SB 6, AN ACT concerning criminal procedure; relating to search incident to arrest; amending K.S.A. 22-2501 and repealing the existing section, by Committee on Judiciary. SB 7, AN ACT concerning driving under the influence; creating the crime of refusing to submit to a test to determine the presence of alcohol or drugs; relating to testing; administrative penalties; crimes, punish-
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Legislative Bills
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ment and criminal procedure; amending K.S.A. 8-241, 8-285, 8-1008, 81009, 8-1016, 8-1017, 8-1501, 12-4413, 12-4414, 12-4415, 12-4416, 22-2908, 22-2910, 22-3610, 22-4704 and 22-4705 and K.S.A. 2009 Supp. 8-1567, as amended by section 3 of chapter 153 of the 2010 Session Laws of Kansas, and K.S.A. 2010 Supp. 8-235, 8-262, 8-2,142, 8-2,144, 8-1001, 8-1012, 81013, 8-1014, 8-1015, 8-1020, 8-1021, 8-1022, 8-1102, 12-4104, 12-4106, 124516, 12-4517, 22-2802, 22-2909, 22-3717, 28-176, 60-427, 74-2012 and 747301 and sections 14, 48, 254, 285, 292 and 299 of chapter 136 of the 2010 Session Laws of Kansas and repealing the existing sections; also repealing K.S.A. 2009 Supp. 21-4704, as amended by section 6 of chapter 147 of the 2010 Session Laws of Kansas, 22-2908, as amended by section 9 of chapter 101 of the 2010 Session Laws of Kansas, and 22-2909, as amended by section 10 of chapter 101 of the 2010 Session Laws of Kansas, and K.S.A. 2010 Supp. 8-1020a, 8-1567, 21-4704 and 22-3717c, by Committee on Judiciary. SB 8, AN ACT concerning information technology; relating to information technology projects; amending K.S.A. 2010 Supp. 75-7201 and repealing the existing section, by Committee on Legislative Educational Planning Committee. SB 9, AN ACT concerning the code of civil procedure; amending K.S.A. 20-3017 and 60-2003 and K.S.A. 2010 Supp. 38-2305, 60-203, 60206, 60-209, 60-211, 60-214, 60-226, 60-235, 60-249, 60-260, 60-270, 60-310, 60-460 and 65-4902 and repealing the existing sections; also repealing K.S.A. 2010 Supp. 38-2305a, by Committee on Judiciary. SB 10, AN ACT concerning sales taxation; relating to countywide retailers sales tax; Edwards county; amending K.S.A. 2010 Supp. 12187, 12-189 and 12-192 and repealing the existing sections, by Committee on Ways and Means. SB 11, AN ACT concerning school districts; relating to transportation of pupils residing on the Leavenworth military reservation, by Committee on Ways and Means. SB 12, AN ACT concerning civil procedure; relating to bankruptcy; exempt property; earned income tax credit, by Committee on Ways and Means. SB 13, AN ACT concerning postsecondary technical education; amending K.S.A. 71-601, 71-604, 71-609, 71-609a, 71-613, 71-614, 71-620, 71-701, 71-802, 71-1201, 72-4440, 72-4441, 72-4442, 72-4453, 72-4454, 724480, 72-6214, 73-1218 and 76-6a13 and K.S.A. 2010 Supp. 71-201, 711507, 72-4412, 72-4415, 72-4450, 72-4466, 72-4470a, 73-1217, 74-3201b, 7432,146, 74-32,151, 75-4364, 75-53,112, 75-6609, 75-7222 and 76-768 and repealing the existing sections; also repealing K.S.A. 71-613a, 71-1706, 72-4428, 72-4435, 72-4468, 72-6803 and 74-3229a and K.S.A. 2010 Supp. 72-4430, 72-4431, 72-4432, 72-4433 and 76-781, by Committee on Legislative Educational Planning Committee. SB 14, AN ACT concerning the Kansas uninsurable health insurance plan act; pertaining to lifetime limits; pertaining to participation in plan by certain children; amending K.S.A. 2010 Supp. 40-2122 and 40-2124 and repealing the existing sections, by Committee on Financial Institutions and Insurance. SB 15, AN ACT concerning insurance; relating to risk-based capital requirements for certain insurers; amending K.S.A. 2010 Supp. 40-2c01 and repealing the existing section, by Committee on Financial Institutions and Insurance. SB 16, AN ACT making and concerning appropriations for the fiscal year ending June 30, 2011, for state agencies; authorizing certain transfers, imposing certain restrictions and limitations, and directing or authorizing certain receipts, disbursements and acts incidental to the foregoing, by Committee on Ways and Means. SB 17, AN ACT concerning elections; relating to campaign finance; amending K.S.A. 25-4153 and repealing the existing section, by Committee on Education. SB 18, AN ACT concerning school districts; relating to the at-risk weighting; amending K.S.A. 2010 Supp. 72-6414 and 72-64c01 and repealing the existing sections, by Committee on Special Committee on Education. SB 19, AN ACT concerning school districts; relating to school finance; amending K.S.A. 2010 Supp. 72-6407, 72-6433d and 74-4939a and repealing the existing sections, by Committee on Legislative Educational Planning Committee. SB 20, AN ACT concerning school districts; relating to at-risk pupils; amending K.S.A. 2010 Supp. 72-6407 and repealing the existing section, by Committee on Special Committee on Education. SB 21, AN ACT concerning school districts; relating to school finance; amending K.S.A. 2010 Supp. 72-6441, 72-6449 and 72-6451 and repealing
the existing sections, by Committee on Legislative Educational Planning Committee. SB 22, AN ACT concerning school districts; relating to the transportation weighting; amending K.S.A. 72-6411 and repealing the existing section, by Committee on Special Committee on Education. SB 23, AN ACT concerning juvenile offenders; relating to jury trials; amending K.S.A. 2010 Supp. 38-2344 and 38-2357 and repealing the existing sections, by Committee on Judiciary. SB 24, AN ACT concerning domestic relations; relating to recodification of certain domestic relations matters; amending K.S.A. 20-164, 20-165, 20-302b, 23-4,118, 60-1606, 60-1613 and 60-1620 and K.S.A. 2010 Supp. 12-5005, 60-1629 and 60-3107 and repealing the existing sections; also repealing K.S.A. 23-101, 23-201, 60-1608, 60-1611, 60-1612 and 601616 and K.S.A. 2010 Supp. 60-1610, by Committee on Judiciary. SB 25, AN ACT concerning alcoholic beverages; authorizing issuance of special event retailers license for sales of cereal malt beverage; amending K.S.A. 2010 Supp. 41-2703 and repealing the existing section, by Committee on Federal and State Affairs. SB 26, AN ACT concerning the state lottery; relating to security audits; background investigation requirements; amending K.S.A. 74-8707 and repealing the existing section, by Committee on Joint Committee on Legislative Post Audit. SB 27, AN ACT concerning school districts; relating to the program weighting; amending K.S.A. 2010 Supp. 72-6413 and repealing the existing section, by Committee on Education. SB 28, AN ACT concerning interest earnings raised by the Johnson county education research triangle authority sales tax; amending K.S.A. 19-5003 and repealing the existing section, by Committee on Legislative Education Planning Committee. SB 29, AN ACT concerning controlled substances; amending K.S.A. 65-4107, 65-4109 and 65-4111 and K.S.A. 2010 Supp. 65-4105 and 654113 and repealing the existing sections, by Committee on Public Health and Welfare. SB 30, AN ACT concerning 911 emergency services; prepaid wireless fees, collection and distribution; amending K.S.A. 2010 Supp. 12-5322, 12-5324, 12-5331 and 75-5133 and repealing the existing sections, by Committee on Utilities. SB 31, AN ACT concerning campaign finance; relating to electioneering communication; establishing certain reporting requirements, by Committee on Ethics and Elections. SB 32, AN ACT concerning school districts; relating to at-risk pupils; amending K.S.A. 2010 Supp. 72-6414 and repealing the existing section, by Special Committee on Education. SB 33, AN ACT concerning school districts; enacting the school sports head injury prevention act, by Committee on Public Health and Welfare. SB 34, AN ACT concerning drivers licenses; relating to habitual violators; motorized bicycles; amending K.S.A. 8-286 and 8-288 and K.S.A. 2010 Supp. 8-235 and 8-287 and repealing the existing sections, by Committee on Judiciary. SB 35, AN ACT concerning civil procedure; relating to attorney-client privilege and work-product protection; amending K.S.A. 60-426 and K.S.A. 2010 Supp. 60-3003 and repealing the existing sections, by Committee on Judiciary. SB 36, AN ACT concerning civil procedure; relating to exemption from creditors for certain retirement plans; amending K.S.A. 60-2308 and repealing the existing section, by Committee on Judiciary. SB 37, AN ACT concerning crimes, punishment and criminal procedure; relating to sentencing; payment of fines; employment of county and city prisoners; amending K.S.A. 22-4603 and section 244 of chapter 136 of the 2010 Session Laws of Kansas and repealing the existing sections; also repealing K.S.A. 2009 Supp. 21-4603d, as amended by section 7 of chapter 101 of the 2010 Session Laws of Kansas, and K.S.A. 2010 Supp. 21-4603d, by Committee on Judiciary. SB 38, AN ACT concerning children; relating to permanency; priority of certain orders; amending K.S.A. 2010 Supp. 38-1116, 38-1121, 38-2201, 38-2203, 38-2262, 38-2284, 38-2304 and 60-1610 and repealing the existing sections, by Committee on Judiciary.

SCR 1601, A concurrent resolution rescinding the action of the legislature of the state of Kansas petitioning congress to call a convention for the purpose of proposing amendments to the constitution of the United States. (continued)
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Legislative Bills/Notice
SR 1804, A resolution congratulating and commending Tad Felts for being inducted into the Kansas Association of Broadcasters Kansas Broadcasting Hall of Fame. SR 1805, A resolution congratulating and commending the members of the 2011 Kansas Teacher of the Year Team. SR 1806, A resolution recognizing January 21, 2011, as Dentist Appreciation Day. SR 1807, A resolution urging the Government of Turkey to uphold and safeguard religious and human rights without compromise; case its discrimination of the Ecumenical Patriarchate; grant the Ecumenical Patriarch appropriate international recognition; ecclesiastic succession and the right to train clergy of all nationalities; and respect the property rights and human rights of the Ecumenical Patriarchate.
Doc. No. 039075
State of Kansas
Osborne181-71 KA-1311-01 K-181 north fork Solomon bridge, 0.5 mile north of the junction of U.S. 24, bridge repair. (State Funds) Thomas70-97 KA-1313-01 Three I-70 bridges located southeast of Colby, bridge repair. (State Funds) Trego98 C-4541-01 County road 12 miles south and 8.6 miles west of WaKeeney, grading and bridge. (Federal Funds) Trego283-98 KA-1315-01 U.S. 283 bridge 3.1 miles south of the Graham County line over Trego Creek, bridge repair. (State Funds) Wallace40-100 KA-1316-01 U.S. 40 bridge 6.5 miles east of east junction of K-27 over Pond Creek, bridge repair. (State Funds) District Four Southeast Neosho47-67 KA-0791-01 K-47 from the WilsonNeosho county line east to 0.5 mile west of the U.S. 169 junction, grading and surfacing, 2.9 miles. (Federal Funds) Wilson47-103 KA-0791-02 K-47 from 0.2 mile east of the U.S. 75 junction east to the Wilson-Neosho county line, grading and surfacing, 7 miles. (Federal Funds) District Five Southcentral Rush96-83 KA-1319-01 K-96 bridges 10.2 miles and 11.8 miles east of the Ness County line, bridge repair. (State Funds) Sedgwick96-87 KA-1673-01 K-96 from I-135 east to Rock Road, grading, 4.1 miles. (Federal Funds) Sumner160-96 KA-0844-01 The junction of U.S. 81 and U.S. 160 in Wellington, grading and surfacing, 0.7 mile. (State Funds) Proposals will be issued upon request to all prospective bidders who have been prequalified by the Kansas Department of Transportation on the basis of financial condition, available construction equipment and experience. Also, a statement of unearned contracts (Form No. 284) must be filed. There will be no discrimination against anyone because of race, age, religion, color, sex, handicap or national origin in the award of contracts. Each bidder shall file a sworn statement executed by or on behalf of the person, firm, association or corporation submitting the bid, certifying that such person, firm, association or corporation has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the submitted bid. This sworn statement shall be in the form of an affidavit executed and sworn to by the bidder before a person who is authorized by the laws of the state to administer oaths. The required form of affidavit will be provided by the state to each prospective bidder. Failure to submit the sworn statement as part of the bid approval package will make the bid nonresponsive and not eligible for award consideration. Plans and specifications for the projects may be examined at the office of the respective county clerk or at the KDOT district office responsible for the work. Deb Miller Secretary of Transportation
Doc. No. 039076
Department of Transportation
Notice to Contractors Sealed proposals for the construction of road and bridge work in the following Kansas counties will be received at the Bureau of Construction and Maintenance, KDOT, Topeka, or at the Eisenhower State Office Building, fourth floor west wing, 700 S.W. Harrison, Topeka, until 1 p.m. February 16 and then publicly opened: District One Northeast Jackson43 C-4586-01 County road at the west edge of Circleville, grading and bridge, 0.1 mile. (Federal Funds) Johnson35-46 KA-2166-01 I-35 northbound from Old U.S. 56 to just north of K-150, 1.4 miles, concrete paving. (State Funds) Johnson435-46 KA-0065-01 I-435 from 87th Street north to Midland Drive, 2.7 miles, pavement patching. (State Funds) Leavenworth92-52 KA-1507-01 K-92 bridge over Missouri River, bridge repair. (State Funds) Osage75-70 KA-1889-01 U.S. 75 and U.S. 56 in Osage County, lighting, 1 mile. (Federal Funds) Osage75-70 KA-2162-01 U.S. 75 over K-276 and the Atchison, Topeka and Santa Fe Railroad, 3.5 miles north of the Coffey-Osage county line, slide repair. (State Funds) Wyandotte670-105 KA-1294-01 I-670 bridge 1 mile east of Mill Street in Kansas City, bridge repair. (State Funds) Wyandotte70-105 KA-2161-01 I-70 beginning at 118th Street then east 2 miles, pavement patching. (State Funds) District Two Northcentral Ottawa81-72 KA-0750-01 U.S. 81 from 0.7 mile north of the K-106 junction to the Ottawa-Cloud county line, milling and overlay, 11.7 miles. (State Funds) Morris64 C-4540-01 County road 3.5 miles north and 2.2 miles east of Council Grove, grading, bridge and surfacing, 0.2 mile. (Federal Funds) Morris56-64 KA-0931-01 U.S. 56 culvert replacement 0.7 mile west of the west junction of K-177. (State Funds) District Three Northwest Graham283-33 KA-1314-01 U.S. 283 bridge 0.6 mile north of the Trego County line over the Saline River drainage, bridge repair. (State Funds)
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Notice
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Kansas Register
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dry, 52 head (52 animal units) of dairy breeding stock weighing more than 700 pounds and 70 head (35 animal units) of dairy calves. The animal units capacity has increased since the previous permit, from 178 to 192, because dairy calves were not previously counted. Name and Address Legal Receiving of Applicant Description Water Visser Farms Inc. SW/4 of Section 33, Kansas River Vinton Visser T08S, R06E & NW/4 Basin 9931 Madison Road of Section 04, T09S, Riley, KS 66531 R06E, Riley County Kansas Permit No. A-KSRL-S008 This permit is being reissued to an existing facility with a maximum capacity of 1,919 head (767.6 animal units) of swine weighing more than 55 pounds, 1,930 head (193 animal units) of swine weighing 55 pounds or less, 79 head (79 animal units) of cattle weighing more than 700 pounds and 40 head (20 animal units) of cattle weighing less than 700 pounds, for a total of 1,059.6 animal units. The animal unit capacity is a reduction from the previous permit because three proposed new swine buildings will not be built. Name and Address Legal Receiving of Applicant Description Water McKee Dairy NW/4 of Section 18, Kansas River Charles & Anita McKee T05S, R15E, Jackson Basin 31646 N Road County Wetmore, KS 66550 Kansas Permit No. A-KSJA-M016 This permit is being reissued for an existing facility with a maximum capacity of 30 head (30 animal units) of replacement heifers, 35 head (17.5 animal units) of dairy calves and 60 head (84 animal units) of mature dairy cow, for a total of 131.5 animal units. This represents an increase in 7.0 animal units from the previous permit due to a facility change in operations.
Notice Concerning Kansas/Federal Water Pollution Control Permits and Applications In accordance with Kansas Administrative Regulations 28-16-57 through 63, 28-18-1 through 15, 28-18a-1 through 32, 28-16-150 through 154, 28-46-7, and the authority vested with the state by the administrator of the U.S. Environmental Protection Agency, various draft water pollution control documents (permits, notices to revoke and reissue, notices to terminate) have been prepared and/or permit applications have been received for discharges to waters of the United States and the state of Kansas for the class of discharges described below. The proposed actions concerning the draft documents are based on staff review, applying the appropriate standards, regulations and effluent limitations of the state of Kansas and the Environmental Protection Agency. The final action will result in a Federal National Pollutant Discharge Elimination System Authorization and/or a Kansas Water Pollution Control permit being issued, subject to certain conditions, revocation and reissuance of the designated permit or termination of the designated permit. Public Notice No. KS-AG-11-016/020 Pending Permits for Confined Feeding Facilities
Name and Address Legal Receiving of Applicant Description Water Nelson Poultry Farms Inc.- NW/4 of Section 13, Lower Republican Prairie View T08S, R03E, Clay River Basin Greg Nelson County 8530 E. Hwy. 24 Manhattan, KS 66502 Kansas Permit No. A-LRCY-P001 Federal Permit No. KS0080489 This is a permit reissuance for an existing facility modifying its waste management system. The capacity of the facility is 79,000 head of laying hens and will be unchanged. The permit applicant is proposing to construct a compost storage building and a manure and mortality composting pad to compost manure and mortality from the facility as well as other Nelson Poultry Farm facilities. Name and Address Legal Receiving of Applicant Description Water Golden Belt FeedersAll of Section 13, Upper Arkansas Edwards County T25S, R19W, River Basin Ronald Carr Edwards County 1278 P Road Kinsley, KS 67547 Kansas Permit No. A-UAED-C001 Federal Permit No. KS0053562 This is a permit reissuance for a confined animal feeding facility for a maximum of 31,000 head (31,000 animal units) of cattle weighing greater than 700 pounds. There is no change in the permitted animal units from the previous permit. Permit modifications include the construction of a dewatering pipeline. This facility has an approved nutrient management plan on file with KDHE. Name and Address Legal Receiving of Applicant Description Water Steinlage Dairy SW/4 of Section 30, Missouri River Dale & Gerimarie Steinlage T04S, R13E, Basin 1309 56th Road Nemaha County Corning, KS 66417 Kansas Permit No. A-MONM-M021 This permit is being reissued to an existing facility with a maximum capacity for 75 head (105 animal units) of dairy cows lactating and
Persons wishing to comment on the draft documents and/or permit applications must submit their comments in writing to the Kansas Department of Health and Environment if they wish to have the comments considered in the decision-making process. Comments should be submitted to the attention of the Livestock Waste Management Section for agricultural-related draft documents or applications, or to the Technical Services Section for all other permits, at the Kansas Department of Health and Environment, Division of Environment, Bureau of Water, 1000 S.W. Jackson, Suite 420, Topeka, 66612-1367. All comments regarding the draft documents or application notices received on or before February 26 will be considered in the formulation of the final determinations regarding this public notice. Please refer to the appropriate Kansas document number (KS-AG-11-016/120) and name of the applicant/permittee when preparing comments. After review of any comments received during the public notice period, the Secretary of Health and Environment will issue a determination regarding final agency action on each draft document/application. If response to any draft document/application indicates significant public interest, a public hearing may be held in conformance with K.A.R. 28-16-61 (28-46-21 for UIC). All draft documents/applications and the supporting information including any comments received are on file and may be inspected at the offices of the Kansas Department of Health and Environment, Bureau of Water. These documents are available upon request at the copying cost assessed by KDHE. Application information and
(continued)
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Notice/Hearing
components of plans and specifications for all new and expanding swine facilities are available on the Internet at http://www.kdheks.gov/feedlots. Division of Environment offices are open from 8 a.m. to 5 p.m. Monday through Friday, excluding holidays. Robert P. Moser, M.D. Acting Secretary of Health and Environment
Doc. No. 039078
State of Kansas
Board of Education
Notice of Hearing on Proposed Administrative Regulations The State Board of Education will conduct a public hearing at 1:30 p.m. Tuesday, April 12, in the board room of the State Education Building, 120 S.E. 10th Ave., Topeka, to consider proposed amendments to teacher licensure regulations K.A.R. 91-1-200, 91-1-201, 91-1-202, 91-1203, 91-1-204, 91-1-214, 91-1-230, 91-1-231, 91-1-232, 91-1-235 and 91-1-236. A summary of the proposed regulations and their economic impact follows: K.A.R. 91-1-200. This regulation provides the definitions for terms used throughout the regulations. It is being amended to adjust the definitions for approved program and alternative teacher education program. No economic impact is anticipated for the State Board of Education, school districts, other governmental entities, private businesses or individuals. K.A.R. 91-1-201. This regulation establishes the types of licenses issued by the state board, the validity period and the grade levels associated with each type of license. It is being amended to remove the restricted district leadership license and to edit language for the restricted teaching license. No economic impact is anticipated for the State Board of Education, school districts, other governmental entities, private businesses or individuals. K.A.R. 91-1-202. This regulation establishes the endorsements that are available for teaching, school specialist and school leadership licenses. The regulation is amended to reflect a name change for the endorsements history and government (grades 6-12), and history, comprehensive (grades 5-8). No economic impact is anticipated for the State Board of Education, school districts, other governmental entities, private businesses or individuals. K.A.R. 91-1-203. This regulation establishes the requirements for each type of license issued by the State Board of Education. The requirements for a direct entry school counselor license are enhanced. New language for a transitional teaching license establishes new requirements for access to this license. The restricted teaching license requirements are updated and the restricted district leadership license has been deleted. Enhancements to the direct entry counselor license provide an additional option to higher education institutions to utilize a clock hour option versus semester credit hours in providing required additional field experiences. An amendment to the transitional license provides access to
this license only after the full teaching license has been expired for six months or longer. This clarifies the original intent and purpose for the transitional license, which is to allow immediate access to teaching for educators that have been out of practice and whose full license has expired, while also providing time for them to complete requirements for reinstating the full license. The restricted teaching license is utilized by individuals who are completing the alternative pathway to teaching. They hold a degree in or meet major coursework requirements in the subject they want to teach and are hired to teach full time while completing their professional education requirements. The regulation requirements for the license have been updated to ensure that individuals are appropriately qualified prior to placement with children in a classroom. The restricted district leadership license is not being utilized and amendments delete this license type from the regulations. No economic impact is anticipated for the State Board of Education, governmental agencies, private businesses or school districts. However, individuals completing a direct entry school counselor program may incur less cost in completing their counselor program because the institution does not have to require semester credit hour enrollment to complete the additional required field experiences. K.A.R. 91-1-204. This regulation establishes the requirements for out-of-state applicants. Amendments address the requirements to receive an interim alternative teaching license. The license is available for licensed teachers from out-of-state who achieved their teaching license through completing an alternative teacher preparation pathway. The proposed amendments are based on input and information gathered since the implementation of the interim alternative license. Amendments delete a section of the regulation in order to allow a licensed out-of-state teacher whose alternative pathway program followed the Kansas restricted license model to receive the initial teaching license rather than the interim alternative license as their first Kansas license. The remaining sections of the regulation will continue to require applicants whose alternative program did not follow the Kansas restricted license model to receive the interim alternative license as their first Kansas license. Additional edits clarify the process for obtaining and upgrading the interim alternative license. No economic impact is anticipated for the State Board of Education, other governmental agencies, school districts, private businesses or individuals. K.A.R. 91-1-214. This regulation establishes the requirements and processes for criminal history records checks for licensure applicants. Proposed edits establish the requirement for a fingerprint based criminal history check for renewal of a license. Since 2002, all applicants for an initial Kansas license or for renewal of a license expired for more than six months have been required to submit fingerprints for the purpose of conducting a criminal history records check through the KBI against KBI and FBI files and records. A license is issued only upon receipt of appropriate clearance reports. Teachers licensed prior to 2002 who have
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continuously maintained a valid license have never been required to complete this process. Edits remove the expired license requirement, thus requiring this process to occur with the submission of all renewal applications. This ensures that all licensed teachers will undergo a fingerprint based criminal history check throughout their career and will be held accountable for any actionable offenses. No economic impact is anticipated for the State Board of Education, other governmental agencies, private businesses or school districts. The cost of renewing a teaching license for currently licensed educators would increase. Applicants must submit a fee for a criminal history records check. The current fee to conduct the fingerprint records check is $50. The Kansas Department of Education does not retain any portion of the fee and the cost is established by the KBI. K.A.R. 91-1-230, 91-1-231, 91-1-232, 91-1-235 and 91-1236. This set of regulations establishes the requirements and procedures followed by the Kansas Department of Education and higher education institutions for the purposes of accreditation of the teacher education unit and approval of the teacher preparation programs through a program review process. Minor amendments to these regulations provide updates to these processes. Editorial corrections within this set of regulations were required for clarification. Adjustments to the dates for receipt and review of required reports within the accreditation and program review processes were made to accommodate revised timelines for review. Revisions also provide accommodations to reflect the use of electronic exhibits, reports and reviews within these processes.
AGENCY 1: DEPARTMENT OF ADMINISTRATION Reg. No. 1-2-64 1-2-65 1-7-3 1-7-4 1-7-6 1-7-7 1-7-10 1-7-11 1-7-12 1-14-8 1-16-8 1-16-15 1-16-18 1-16-18a 1-16-20 1-65-1 1-66-1 1-66-2 1-66-3 1-67-1 Action New New Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended New New New New New Register V. 28, p. 1338 V. 28, p. 1338 V. 28, p. 1338 V. 28, p. 1338 V. 28, p. 1339 V. 28, p. 1339 V. 28, p. 1339 V. 28, p. 1340 V. 28, p. 1340 V. 28, p. 1341 V. 29, p. 676 V. 29, p. 677 V. 29, p. 677 V. 29, p. 678 V. 29, p. 680 V. 30, p. 44 V. 30, p. 44 V. 30, p. 45 V. 30, p. 45 V. 30, p. 45 4-3-47 4-6-1 4-6-2 4-6-3 4-7-213 4-7-716 4-7-900 4-7-901 4-7-902 4-7-903 4-7-904 4-10-1 4-10-1a 4-10-1b 4-10-2a through 4-10-2d 4-10-2e 1-67-2 1-67-3 1-68-1 1-68-2 Reg. No. 3-3-1 3-3-1 3-3-2 3-3-2 3-4-1 3-4-2 3-4-4 3-4-5 3-4-6 3-4-7 New New New New Action Amended (T) Amended Amended (T) Amended Amended Amended Amended Amended Revoked Amended
No economic impact is anticipated for the State Board of Education, school districts, other governmental entities, private businesses or individuals. A copy of each of the proposed regulations and its economic impact statement may be obtained by contacting the Office of General Counsel at the address below prior to the date of the hearing or by e-mail to bhackett@ ksde.org. All interested persons will be given a reasonable opportunity at the hearing to present their views or arguments, either orally or in writing, in regard to the proposed regulations. In addition, the period of public notice hereby provided constitutes a public comment period for the purpose of receiving written public comments on the proposed regulations. Such written comments may be submitted by mail to the secretary of the State Board of Education, State Education Building, 120 S.E. 10th Ave., Topeka, 66612, or by e-mail to pplamann@ksde.org. The hearing shall be conducted in compliance with the public hearing procedures of the State Board of Education. Any individual with a disability may request accommodation in order to participate in the public hearing and may request the proposed regulations and economic impact statements in an accessible format. Requests for accommodation should be made at least five working days in advance of the hearing by contacting Karen Watney at (785) 296-3906 or TDD (785) 296-8172, or by e-mail to kwatney@ksde.org. Dianne DeBacker Commissioner of Education
Doc. No. 039074
V. V. V. V.
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AGENCY 3: KANSAS STATE TREASURER Register V. 27, p. 1091 V. 27, p. 1517 V. 29, p. 702 V. 30, p. 9 V. 28, p. 1716 V. 28, p. 1716 V. 28, p. 1716 V. 28, p. 1717 V. 28, p. 1717 V. 28, p. 1717
AGENCY 4: DEPARTMENT OF AGRICULTURE Reg. No. Action Amended (T) Amended Amended New Amended Amended Amended Revoked Amended Amended Amended Amended New New Revoked Amended Register V. 30, p. 25 V. 28, p. 1594 V. 28, p. 1594 V. 27, p. 1741 V. 29, p. 1023 V. 29, p. 1023 V. 27, p. 1022 V. 27, p. 1022 V. 27, p. 1022 V. 27, p. 1023 V. 27, p. 1023 V. 29, p. 254 V. 29, p. 255 V. 29, p. 255 V. 29, p. 255 V. 29, p. 255
4-10-2f through 4-10-2k 4-10-4 4-10-4a through 4-10-4f 4-10-5a 4-10-6 4-10-6a 4-10-6b 4-10-7 4-10-10 4-10-15 4-10-16 4-10-17 4-13-1 4-13-2 4-13-3 4-13-9 4-13-11 4-13-13 4-13-14 4-13-16 4-13-17 4-13-18 4-13-20 4-13-21 4-13-22 4-13-23 4-13-24 4-13-25 4-13-25b through 4-13-25h 4-13-25i 4-13-25j 4-13-25k 4-13-25l
Revoked Revoked New Amended Revoked New New Amended New Revoked Amended Revoked Amended Amended Amended Amended Revoked Amended Amended Amended Amended Amended Amended Amended Revoked Amended Amended Amended Amended Revoked Amended Amended Amended
V. 29, p. 256 V. 29, p. 256 V. 29, p. 256-258 V. 29, p. 258 V. 29, p. 259 V. 29, p. 259 V. 29, p. 259 V. 29, p. 259 V. 29, p. 260 V. 29, p. 260 V. 29, p. 260 V. 29, p. 261 V. 27, p. 186 V. 29, p. 69 V. 29, p. 69 V. 29, p. 71 V. 27, p. 188 V. 27, p. 188 V. 29, p. 71 V. 29, p. 71 V. 29, p. 72 V. 29, p. 72 V. 29, p. 72 V. 29, p. 72 V. 29, p. 72 V. 29, p. 72 V. 29, p. 72 V. 29, p. 1242 V. 29, p. 1243-1245 V. 29, p. 1246 V. 29, p. 1246 V. 29, p. 1246 V. 29, p. 1247
(continued)
Vol. 30, No. 4, January 27, 2011
66
4-13-25m 4-13-30 4-13-33 4-13-40 4-13-41 4-13-42 4-13-60 4-13-61 4-13-62 4-13-64 4-13-65 4-15-5 4-15-11 4-15-12 4-15-13 4-15-14 4-16-1a 4-16-1c 4-16-7a 4-16-300 4-16-301 4-16-302 4-16-303 4-16-304 4-16-305 4-17-300 4-17-301 4-17-302 4-17-303 4-17-304 4-17-305 4-20-11 4-27-1 through 4-27-22 4-28-1 4-28-2 4-28-5 4-28-8 through 4-28-16 4-28-8 4-28-11 4-28-12 4-28-18 through 4-28-30 New Amended Amended Amended Revoked Revoked Amended Revoked Amended Amended Amended Amended Amended Revoked Amended Amended Amended Amended Amended Amended Revoked Amended Amended Amended Amended Amended Revoked Amended Amended Amended Amended Amended New Amended Amended Amended New Amended Amended Amended New V. 29, p. 1247 V. 29, p. 72 V. 29, p. 73 V. 27, p. 1023 V. 27, p. 1023 V. 27, p. 1023 V. 27, p. 1023 V. 27, p. 1023 V. 29, p. 73 V. 27, p. 1023 V. 27, p. 1024 V. 28, p. 690 V. 27, p. 1024 V. 27, p. 1024 V. 27, p. 1024 V. 27, p. 1024 V. 27, p. 1741 V. 27, p. 1742 V. 27, p. 1024 V. 27, p. 1025 V. 27, p. 1025 V. 27, p. 1025 V. 27, p. 1025 V. 27, p. 1025 V. 27, p. 1025 V. 27, p. 1026 V. 27, p. 1026 V. 27, p. 1026 V. 27, p. 1026 V. 27, p. 1026 V. 27, p. 1027 V. 27, p. 1027 V. 29, p. 706-720 V. 29, p. 720 V. 29, p. 720 V. 27, p. 1742 V. 27, p. 191-195 V. 29, p. 721 V. 29, p. 722 V. 29, p. 722 V. 29, p. 723-725 5-45-4 5-45-19 through 5-45-23
Kansas Register
Amended New Action Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked New Revoked Revoked Revoked Amended Revoked Revoked Amended Revoked Amended Revoked Amended Amended New New New New Action Amended (T) Amended Amended V. 27, p. 1440 V. 27, p. 1441, 1442 Register V. 29, p. 1115 V. 29, p. 1281 V. 27, p. 1548 V. 27, p. 965 V. 27, p. 966 V. 27, p. 966 V. 27, p. 966 V. 27, p. 966 V. 27, p. 966 V. 27, p. 967 V. 27, p. 967 V. 27, p. 967 V. 27, p. 967 V. 27, p. 967 V. 27, p. 968 V. 27, p. 968 V. 27, p. 968 V. 28, p. 193-195 V. 28, p. 195 V. 28, p. 195 V. 28, p. 195, 196 V. 28, p. 196 V. 28, p. 196 V. 28, p. 196 V. 28, p. 196 V. 28, p. 197 V. 28, p. 197 V. 28, p. 197 V. 27, p. 968 V. 27, p. 968 Register V. 29, p. 703 V. 29, p. 1336 V. 29, p. 1337 14-11-23 through 14-11-29 14-11-27 14-16-25 14-17-7 14-19-27 14-19-38 14-19-39 14-20-29 14-20-40 14-20-41 14-21-12 14-21-21 14-21-22 14-23-2 14-23-5 14-23-8 14-23-10 14-24-1 through 14-24-6 Reg. No. 16-11-1 through 16-11-5 16-11-6 16-11-7 16-11-8
AGENCY 7: SECRETARY OF STATE Reg. No. 7-16-1 (T) 7-16-1 7-16-2 7-17-1 7-17-4 7-17-11 7-17-19 7-17-21 7-17-22 7-17-24 7-21-1 7-21-2 7-21-3 7-21-4 7-23-13 7-37-2 7-38-2 7-41-1 through 7-41-7 7-41-8 7-41-9 7-41-10 through 7-41-17 7-41-18 through 7-41-29 7-41-30 7-41-31 7-41-32 7-41-33 7-41-34 7-41-35 7-45-1 7-45-2 Reg. No. 9-7-4 9-7-4 9-27-1
New Revoked New New Amended New New Amended New New Amended New New Amended Amended Amended Amended Revoked Action
V. 29, P. 1308-1310 V. 29, p. 1730 V. 29, p. 1310 V. 27, p. 1214 V. 29, p. 1310 V. 29, p. 1311 V. 29, p. 1311 V. 29, p. 1311 V. 29, p. 1312 V. 29, p. 1312 V. 29, p. 1313 V. 29, p. 1313 V. 29, p. 1313 V. 29, p. 1314 V. 29, p. 1314 V. 29, p. 1314 V. 29, p. 1315 V. 29, p. 1315 Register
V. 29, p. 1813-1815 V. 29, p. 1816 V. 29, p. 1816 V. 29, p. 1816
AGENCY 19: GOVERNMENTAL ETHICS COMMISSION Reg. No. 19-6-1 19-20-4 19-20-5 19-27-2 Reg. No. 22-1-1 22-1-2 22-1-3 22-6-1 22-6-2 22-6-3 22-6-4 22-6-5 22-6-6 22-6-7 22-6-8 22-6-9 22-6-12 22-6-13 22-6-14 22-6-18 through 22-6-27 22-8-13 22-10-3 22-11-6 22-11-8 22-15-7 22-18-3 22-24-3 Reg. No. 26-39-100 through 26-39-105 26-39-100 26-39-101 26-39-105 26-39-144 Action Amended Amended New Amended Action Amended Amended Amended Amended Revoked Revoked Revoked Amended Revoked Revoked Revoked Amended Amended Revoked Revoked New Amended Amended Revoked Amended Revoked Amended Amended Action Register V. 29, p. 112 V. 27, p. 1020 V. 27, p. 1021 V. 27, p. 1021 Register V. 30, p. 46 V. 30, p. 46 V. 30, p. 46 V. 27, p. 1834 V. 27, p. 1834 V. 27, p. 1834 V. 27, p. 1834 V. 27, p. 1834 V. 27, p. 1834 V. 27, p. 1835 V. 27, p. 1835 V. 27, p. 1835 V. 27, p. 1835 V. 27, p. 1835 V. 27, p. 1835 V. 27, p. 1835-1837 V. 30, p. 47 V. 30, p. 47 V. 30, p. 48 V. 30, p. 48 V. 30, p. 49 V. 30, p. 49 V. 28, p. 1367 Register
AGENCY 5: DEPARTMENT OF AGRICULTUREDIVISION OF WATER RESOURCES Reg. No. 5-1-1 5-1-2 5-1-4 5-1-7 5-1-9 5-2-4 5-3-3 5-3-4 5-3-4a 5-3-5d 5-3-16 5-3-23 5-3-23 5-4-1 5-4-1a 5-4-2 5-5-6c 5-5-13 5-5-14 5-6-2 5-6-5 5-7-1 5-7-4 5-9-1a through 5-9-1d 5-14-3 5-14-3a 5-14-10 5-17-2 5-20-1 5-20-2 5-22-7 5-25-5 5-25-15 5-40-24 5-45-1 Action Amended Amended Amended Amended Amended New Amended Amended Amended Amended Amended Amended (T) Amended Amended New New New Amended Amended Amended Amended Amended Amended New Amended New Amended Amended New New Amended Amended Amended Amended Amended Register V. 27, p. 1549 V. 27, p. 1553 V. 29, p. 652 V. 27, p. 1553 V. 29, p. 653 V. 27, p. 1554 V. 27, p. 1554 V. 27, p. 1555 V. 28, p. 241 V. 27, p. 1555 V. 27, p. 1555 V. 29, p. 1338 V. 29, p. 1598 V. 29, p. 1476 V. 29, p. 1477 V. 27, p. 1556 V. 27, p. 1556 V. 27, p. 1556 V. 27, p. 1557 V. 27, p. 1557 V. 27, p. 1557 V. 29, p. 653 V. 28, p. 1715 V. 27, p. 1557, 1558 V. 28, p. 241 V. 28, p. 242 V. 27, p. 1558 V. 29, p. 654 V. 28, p. 1317 V. 28, p. 1318 V. 29, p. 596 V. 29, p. 1598 V. 29, p. 654 V. 27, p. 1438 V. 27, p. 1439
V. 27, p. 1633, 1634 V. 27, p. 1374 V. 27, p. 1375 V. 27, p. 1376 V. 27, p. 1377 V. 27, p. 1377
AGENCY 14: DEPARTMENT OF REVENUE DIVISION OF ALCOHOLIC BEVERAGE CONTROL Reg. No. 14-6-2a 14-6-3 14-6-4 14-8-6 14-8-7 14-8-8 14-8-12 14-11-1 14-11-4 14-11-5 14-11-6 14-11-7 14-11-9 14-11-10a 14-11-10b 14-11-10d 14-11-11 14-11-14 14-11-15 14-11-16 14-11-22 Action Revoked Revoked Amended Revoked Amended Revoked Revoked New New Amended Amended Amended Amended Revoked Revoked Revoked Revoked Revoked Amended Amended New Register V. 29, p. 1306 V. 29, p. 1306 V. 29, p. 1306 V. 27, p. 1214 V. 27, p. 1214 V. 27, p. 1214 V. 27, p. 1214 V. 29, p. 1307 V. 29, p. 1307 V. 29, p. 1307 V. 29, p. 1307 V. 29, p. 1307 V. 29, p. 1307 V. 29, p. 1307 V. 29, p. 1308 V. 29, p. 1308 V. 29, p. 1633 V. 29, p. 1308 V. 29, p. 1308 V. 29, p. 1308 V. 29, p. 1633
New Amended Amended Amended Revoked
V. 28, p. 615-623 V. 29, p. 1772 V. 29, p. 1775 V. 29, p. 1777 V. 28, p. 623
Vol. 30, No. 4, January 27, 2011
26-39-243 26-39-278 26-39-427 26-40-301 through 26-40-305 26-41-101 through 26-41-106 26-41-200 through 26-41-207 26-42-101 26-42-102 26-42-104 26-42-105 26-42-200 through 26-42-207 26-43-101 through 26-43-106 26-43-200 through 26-43-207 Revoked Revoked Revoked New New New New New New New New New New V. 28, p. 649 V. 28, p. 649 V. 28, p. 649 V. 29, p. 1777-1793 V. 28, p. 649-651 V. 28, p. 652-657 V. 28, p. 657 V. 28, p. 658 V. 28, p. 659 V. 28, p. 659 V. 28, p. 659-664 V. 28, p. 664-667 V. 28, p. 667-671
Kansas Register
28-21-20a 28-21-21a 28-21-22a 28-21-23a 28-21-24a 28-21-25a 28-21-26a 28-21-27a 28-21-28a 28-21-29a 28-21-30a 28-21-31a 28-21-32a 28-21-33a 28-21-34a 28-21-35a 28-21-40a 28-21-41a 28-21-42a 28-21-43a 28-21-44a 28-21-50a 28-21-51a 28-21-52a 28-21-53a 28-21-54a 28-21-55a 28-21-56a 28-21-57a 28-21-58a 28-21-59a 28-21-60a 28-21-61a 28-21-62a 28-21-63 28-21-64 28-21-70a 28-21-71a 28-21-72a 28-21-82 through 28-21-85 28-23-4 28-23-9 28-23-10 28-23-16 28-23-20 through 28-23-24 28-23-26 through 28-23-32 28-23-34 through 28-23-36 28-23-41 through 28-23-55 28-23-70 28-23-71 28-23-73 28-23-75 28-23-78 through 28-23-80 28-29-501 28-32-1 28-32-2 28-32-4 28-32-5 28-32-6 28-32-7 28-32-8 through 28-32-14 28-36-30 28-36-31 28-36-33 through 28-36-49 28-36-70 through 28-36-89 28-36-101 through 28-36-109 28-38-18 28-38-19 28-38-21 Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked New Revoked Revoked Revoked Revoked Revoked Revoked New Revoked Revoked Revoked Revoked Revoked Amended Amended Amended V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. V. V. V. V. 29, 29, 29, 29, 27, p. p. p. p. p. 726 726 726 726 191 28-38-22 28-38-23 28-38-29 28-39-145a 28-39-146 28-39-147 28-39-148 28-39-162 28-39-162a 28-39-162b 28-39-162c 28-39-164 through 28-39-168 28-39-240 through 28-39-253 28-39-275 through 28-39-288 28-39-425 through 28-39-436 28-43-1 through 28-43-11 28-45b-1 through 28-45b-28 28-46-1 28-46-2a 28-46-3 through 28-46-22 28-46-27 28-46-28 28-46-29 28-46-29a 28-46-30 28-46-30a 28-46-30b 28-46-31 28-46-33 28-46-34 28-46-35 28-46-40 28-46-41 28-46-44 28-46-45 28-53-1 through 28-53-5 28-59-5 28-61-1 28-61-2 28-61-5 28-61-8 28-61-11 28-70-4 28-72-1 28-72-1a 28-72-1c 28-72-1d 28-72-1e 28-72-1g 28-72-1h 28-72-1i 28-72-1k 28-72-1l 28-72-1m 28-72-1n 28-72-1o 28-72-1p 28-72-1r 28-72-1s 28-72-1t 28-72-1v 28-72-1x 28-72-2 28-72-3 28-72-4 28-72-4a 28-72-4b 28-72-4c 28-72-5 28-72-6 28-72-6a 28-72-7 Amended Amended Amended Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Amended Revoked Revoked Revoked Revoked New Amended Amended Amended Amended Amended Amended New Amended New New Amended Amended Amended Amended Amended Amended Amended New Amended Amended Amended Amended Amended Amended Amended New Revoked New New New New New New New New New New New New New New New New New New Amended Amended Amended Amended Revoked Amended Amended Amended New Amended
67
V. 27, p. 1744 V. 27, p. 1744 V. 27, p. 1745 V. 28, p. 623 V. 28, p. 623 V. 28, p. 623 V. 28, p. 623 V. 29, p. 1777 V. 29, p. 1777 V. 29, p. 1777 V. 29, p. 1777 V. 28, p. 798-800 V. 28, p. 672 V. 28, p. 672 V. 28, p. 672 V. 29, p. 1137 V. 28, p. 973-988 V. 29, p. 1138 V. 29, p. 1138 V. 29, p. 1139-1141 V. 29, p. 1141 V. 29, p. 1141 V. 29, p. 1141 V. 29, p. 1142 V. 29, p. 1142 V. 29, p. 1142 V. 29, p. 1144 V. 29, p. 1144 V. 29, p. 1144 V. 29, p. 1145 V. 29, p. 1145 V. 29, p. 1145 V. 29, p. 1145 V. 29, p. 1145 V. 29, p. 1145 V. 28, p. 240, 241 V. 27, p. 462 V. 29, p. 419 V. 29, p. 419 V. 29, p. 420 V. 29, p. 422 V. 27, p. 464 V. 28, p. 800 V., 29, p. 357 V. 29, p. 357 V. 29, p. 357 V. 29, p. 358 V. 29, p. 358 V. 29, p. 358 V. 29, p. 358 V. 29, p. 359 V. 29, p. 359 V. 29, p. 359 V. 29, p. 360 V. 29, p. 360 V. 29, p. 360 V. 29, p. 360 V. 29, p. 361 V. 29, p. 361 V. 29, p. 361 V. 29, p. 361 V. 29, p. 361 V. 29, p. 361 V. 29, p. 362 V. 29, p. 362 V. 29, p. 366 V. 29, p. 368 V. 29, p. 368 V. 29, p. 369 V. 29, p. 370 V. 29, p. 371 V. 29, p. 373
AGENCY 28: DEPARTMENT OF HEALTH AND ENVIRONMENT Reg. No. 28-1-20 28-4-92 28-4-92 28-4-117 28-4-120 28-4-121 28-4-122 28-4-311 28-4-312 through 28-4-317 28-4-370 through 28-4-379 28-4-430 28-4-503 28-4-505 28-4-514 28-4-520 28-4-521 28-4-800 through 28-4-825 28-4-1200 through 28-4-1218 28-4-1300 through 28-4-1318 28-16-28g 28-17-6 28-17-12 28-19-200a 28-19-202 28-19-325 28-19-350 28-19-517 28-19-712 28-19-712a through 28-19-712d 28-19-713 28-19-713a through 28-19-713d 28-19-720 28-19-728 28-19-728a through 28-19-728f 28-19-735 28-19-750 28-19-750a 28-21-1 28-21-6 28-21-7 28-21-8 28-21-9 28-21-10 28-21-11 Action Amended Amended (T) Amended Amended Amended New Amended Amended Revoked Revoked Amended Amended Amended Amended New New New New New Amended Amended Amended New Amended New Amended Amended New New New New Amended Revoked Revoked Amended Amended Amended Revoked Revoked Revoked Revoked Revoked Revoked Revoked Register V. 27, p. 989 V. 29, p. 1348 V. 29, p. 1705 V. 27. p. 990 V. 27, p. 990 V. 27, p. 990 V. 27, p. 317 V. 27, p. 317 V. 27, p. 317, 318 V. 29, p. 1024 V. 27, p. 991 V. 29, p. 1662 V. 29, p. 1662 V. 29, p. 1663 V. 29, p. 1663 V. 29, p. 1663 V. 27, p. 318-334 V. 28, p. 1426-1437 V. 29, p. 1024-1032 V. 29, p. 181 V. 28, p. 1809 V. 28, p. 1809 V. 29, p. 1634 V. 29, p. 1509 V. 29, p. 1634 V. 29, p. 1635 V. 29, p. 1510 V. 29, p. 866 V. 29, p. 867 V. 29, p. 867 V. 29, p. 867, 868 V. 29, p. 1510 V. 29, p. 1511 V. 29, p. 1511 V. 29, p. 1511 V. 29, p. 1511 V. 29, p. 1511 V. 29, p. 725 V. 29, p. 725 V. 29, p. 725 V. 29, p. 725 V. 29, p. 725 V. 29, p. 726 V. 29, p. 726
V. 29, p. 727 V. 28, p. 1809 V. 27, p. 247 V. 27, p. 247 V. 27, p. 247 V. 27, p. 247 V. 27, p. 247 V. 27, p. 247 V. 27, p. 247-249 V. 29, p. 727 V. 29, p. 727 V. 27, p. 73 V. 29, p. 727 V. 29, p. 727 V. 27, p. 1742 V. 27, p. 1743 V. 27, p. 1743
(continued)
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28-72-7a 28-72-8 28-72-9 28-72-10 28-72-10a 28-72-11 28-72-12 28-72-13 28-72-14 28-72-15 28-72-16 28-72-17 28-72-18 28-72-18a 28-72-18b 28-72-18c 28-72-18d 28-72-18e 28-72-19 28-72-20 28-72-21 28-72-22 28-72-51 28-72-52 28-72-53 28-73-1 New Amended Amended Amended New Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended V. 29, p. 373 V. 29, p. 374 V. 29, p. 375 V. 29, p. 376 V. 29, p. 377 V. 29, p. 378 V. 29, p. 378 V. 29, p. 379 V. 29, p. 379 V. 29, p. 380 V. 29, p. 380 V. 29, p. 381 V. 29, p. 382 V. 29, p. 383 V. 29, p. 384 V. 29, p. 384 V. 29, p. 385 V. 29, p. 386 V. 29, p. 387 V. 29, p. 387 V. 29, p. 387 V. 29, p. 388 V. 29, p. 388 V. 29, p. 389 V. 29, p. 389 V. 28, p. 74 40-7-26 40-7-27 40-9-23
Kansas Register
New New New V. 29, p. 1752 V. 29, p. 1753 V. 29, p. 1813 60-11-101 through 60-11-105 60-11-107 60-13-103 60-13-104 60-15-101 60-15-102 60-15-104 60-16-105 Reg. No. 63-2-26 63-4-1
Amended Amended Amended Amended Amended Amended Amended Revoked Action New Amended
V. 28, p. 1252-1254 V. 28, p. 1254 V. 28, p. 200 V. 28, p. 200 V. 28, p. 200 V. 28, p. 201 V. 28, p. 202 V. 29, p. 1115 Register V. 27, p. 108 V. 27, p. 108
V. 27, p. 1135-1138
AGENCY 67: BOARD OF EXAMINERS IN THE FITTING AND DISPENSING OF HEARING INSTRUMENTS Reg. No. 67-3-5 Reg. No. 68-1-1b 68-1-1h 68-1-3a 68-2-20 68-2-22 68-7-11 68-7-12b 68-7-14 68-7-20 68-7-21 68-11-2 68-16-3 68-18-1 68-18-2 68-18-3 68-19-1 68-20-10a 68-20-16 68-20-23 68-20-23 68-21-1 through 68-21-7 Reg. No. 69-3-8 69-11-1 Action New Action Amended New Amended Amended Amended Amended Amended Amended Amended New Amended Amended New New New New Amended Amended New (T) New New Action Amended (T) Amended Register V. 28, p. 1187 Register V. 29, p. 465 V. 28, p. 1491 V. 28, p. 1491 V. 28, p. 1765 V. 28, p. 1491 V. 29, p. 1053 V. 27, p. 1518 V. 28, p. 1492 V. 27, p. 435 V. 29, p. 465 V. 27, p. 1518 V. 28, p. 342 V. 27, p. 1857 V. 27, p. 1857 V. 27, p. 1858 V. 28, p. 342 V. 29, p. 466 V. 28, p. 1561 V. 27, p. 1709 V. 28, p. 192 V. 29, p. 1417-1420 Register V. 28, p. 923 V. 28, p. 298
AGENCY 40: KANSAS INSURANCE DEPARTMENT Reg. No. 40-1-37 40-1-38 40-1-48 40-2-28 40-3-30 40-3-43 40-3-52 40-3-56 40-3-57 40-3-58 40-4-35 40-4-36 40-4-37v 40-4-41 40-4-41a through 40-4-41j 40-4-43 40-7-20a Action Amended Amended Amended New Amended Amended New New New New Amended Amended New Amended Revoked New Amended Register V. 28, p. 966 V. 28, p. 1593 V. 29, p. 1752 V. 28, p. 273 V. 28, p. 112 V. 29, p. 1337 V. 27, p. 133 V. 28, p. 1518 V. 28, p. 1518 V. 28, p. 1518 V. 28, p. 915 V. 28, p. 1252 V. 28, p. 643 V. 27, p. 434 V. 27, p. 434, 435 V. 29, p. 703 V. 28, p. 604
AGENCY 51: DEPARTMENT OF LABOR DIVISION OF WORKERS COMPENSATION Reg. No. 51-9-7 Reg. No. 60-1-103 60-1-104 60-2-101 60-2-102 60-2-104 60-2-105 60-2-106 60-2-107 60-2-108 60-3-106 60-3-106a 60-3-113 60-3-114 60-7-111 60-9-105 60-9-107 Action Amended Action Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended New New New Amended Amended Register V. 29, p. 1508 Register V. 27, p. 1603 V. 27, p. 1603 V. 27, p. 1604 V. 27, p. 1605, 1670 V. 27, p. 1606 V. 28, p. 197 V. 28, p. 197 V. 27, p. 1606 V. 27, p. 1607 V. 27, p. 1607 V. 27, p. 1608 V. 27, p. 1608 V. 27, p. 1608 V. 27, p. 1609 V. 28, p. 197 V. 28, p. 198
Vol. 30, No. 4, January 27, 2011
AGENCY 71: KANSAS DENTAL BOARD Reg. No. 71-5-1 through 71-5-6 71-5-7 through 71-5-13 71-9-1 through 71-9-4 71-10-1 through 71-10-4 71-11-1 Reg. No. 74-4-7 74-4-8 74-4-9 74-4-10 74-5-2 74-5-2a 74-5-101 74-5-102 74-5-103 74-5-201 74-5-202 74-5-203 74-5-301 74-5-302 74-5-401 74-5-403 74-5-405a 74-5-406 74-6-2 74-7-4 74-11-6 74-11-7 74-12-1 74-15-2 Action Register 82-4-3a through 82-4-3d 82-4-3a 82-4-3d 82-4-3e 82-4-3f through 82-4-3m 82-4-3f 82-4-3n 82-4-3o 82-4-6a 82-4-8h 82-4-20 82-4-21 82-4-22 82-4-23 82-4-24a 82-4-26 82-4-26a 82-4-27 82-4-27a 82-4-27c 82-4-27e 82-4-28 82-4-28a 82-4-28b 82-4-30a 82-4-30a 82-4-31 82-4-32 82-4-33 82-4-35 82-4-35a 82-4-37 82-4-40 82-4-42 82-4-48 82-4-48a 82-4-53 82-4-54 82-4-55 82-4-56a 82-4-57 82-4-58 82-4-62 82-4-63 82-4-65 82-4-77 82-11-4 82-11-10 82-14-1 through 82-14-5 82-14-6 82-16-1 through 82-16-6 82-17-1 through 82-17-5
Kansas Register
Amended Amended Amended Revoked Amended Amended New New Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked Revoked Revoked Amended (T) Amended Revoked Amended Amended Amended Amended Revoked Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked Amended Amended Amended Amended Amended Amended New New New V. 28, p. 1373-1385 V. 29, p. 1443 V. 29, p. 1444 V. 28, p. 1386 V. 28, p. 1386-1397 V. 29, p. 1390 V. 29, p. 1444 V. 29, p. 1445 V. 29, p. 1446 V. 29, p. 1446 V. 28, p. 1397 V. 29, p. 1446 V. 29, p. 1446 V. 29, p. 1447 V. 29, p. 1447 V. 29, p. 1447 V. 29, p. 1447 V. 29, p. 1447 V. 29, p. 1448 V. 29, p. 1448 V. 29, p. 1449 V. 29, p. 1449 V. 29, p. 1449 V. 29, p. 1449 V. 29, p. 702 V. 29, p. 1392 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1451 V. 29, p. 1451 V. 29, p. 1451 V. 29, p. 1452 V. 29, p. 1452 V. 29, p. 1452 V. 29, p. 1453 V. 29, p. 1453 V. 29, p. 1453 V. 29, p. 1453 V. 29, p. 1453 V. 29, p. 1454 V. 28, p. 917 V. 28, p. 922 V. 28, p. 967-971 V. 28, p. 972 V. 29, p. 1598-1601 V. 29, p. 1136, 1137 88-29-8 88-29-8a 88-29-8a 88-29-8b 88-29-8b 88-29-9 88-29-9 88-29-11 88-29-11 88-29-12 88-29-12 88-29-18 88-29-18 88-29-19 88-29-19 Amended New (T) New New (T) New Amended (T) Amended Amended (T) Amended Amended (T) Amended Amended (T) Amended Amended (T) Amended
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V. 28, p. 1563 V. 28, p. 1103 V. 28, p. 1563 V. 28, p. 1104 V. 28, p. 1564 V. 28, p. 1104 V. 28, p. 1564 V. 28, p. 1105 V. 28, p. 1565 V. 28, p. 1106 V. 28, p. 1566 V. 28, p. 1107 V. 28, p. 1567 V. 28, p. 1108 V. 28, p. 1568
AGENCY 84: PUBLIC EMPLOYEE RELATIONS BOARD Reg. No. 84-2-1 Reg. No. 86-3-19 86-3-19 86-3-30 86-3-30 Reg. No. 88-24-1 88-28-6 88-29-1 88-29-1 88-29-4 88-29-4 88-29-5 88-29-5 88-29-7 88-29-7 88-29-8 Action Amended Action Amended (T) Amended New (T) New Action Amended Amended Amended (T) Amended Amended (T) Amended Amended (T) Amended Amended (T) Amended Amended (T) Register V. 28, p. 872 Register V. 27, p. 1090 V. 27, p. 1517 V. 27, p. 1091 V. 27, p. 1517 Register V. 29, p. 1415 V. 29, p. 408 V. 28, p. 1101 V. 28, p. 1561 V. 28, p. 1102 V. 28, p. 1562 V. 28, p. 1103 V. 28, p. 1563 V. 28, p. 1103 V. 28, p. 1563 V. 28, p. 1103
AGENCY 82: STATE CORPORATION COMMISSION Reg. No. 82-1-219 82-3-101a 82-3-107 82-3-108 82-3-111 82-3-135a 82-3-135b 82-3-138 82-3-311a 82-3-402 82-3-1100 through 82-3-1120 82-4-2 Action Amended New Amended Amended Amended Amended Amended Amended New Amended New Amended Register V. 29, p. 1099 V. 29, p. 1508 V. 27, p. 1518 V. 27, p. 1519 V. 27, p. 1520 V. 27, p. 1521 V. 27, p. 1521 V. 27, p. 1521 V. 29, p. 181 V. 27, p. 1521 V. 29, p. 182-190 V. 29, p. 1443
(continued)
Vol. 30, No. 4, January 27, 2011
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AGENCY 94: COURT OF TAX APPEALS Reg. No. 94-2-1 through 94-2-21 94-3-1 94-3-1 94-3-2 94-3-2 94-4-1 94-4-1 94-4-2 94-4-2 94-5-1 through 94-5-25 Action Register
Kansas Register
100-69-2 100-69-10 100-69-12 100-72-1 100-72-2 100-72-7 100-73-1 100-73-1 100-73-2 100-73-9 Revoked Amended New Amended Amended Amended Amended (T) Amended Amended Amended V. 27, p. 1672 V. 28, p. 572 V. 29, p. 704 V. 28, p. 112 V. 29, p. 705 V. 28, p. 273 V. 28, p. 923 V. 28, p. 1282 V. 29, p. 598 V. 27, p. 315 Reg. No. 110-4-1 through 110-4-5 110-13a-1 110-13a-2 110-13a-3 110-19-1 through 110-19-4 110-20-1 through 110-20-4
AGENCY 110: DEPARTMENT OF COMMERCE Action Register
V. 30, p. 25-27 V. 27, p. 1063 V. 27, p. 1063 V. 27, p. 1064 V. 27, p. 1064, 1065 V. 27, p. 1065, 1066
AGENCY 111: KANSAS LOTTERY A complete index listing all regulations filed by the Kansas Lottery from 1988 through 2000 can be found in the Vol. 19, No. 52, December 28, 2000 Kansas Register. A list of regulations filed from 2001 through 2003 can be found in the Vol. 22, No. 52, December 25, 2003 Kansas Register. A list of regulations filed from 2004 through 2005 can be found in the Vol. 24, No. 52, December 29, 2005 Kansas Register. A list of regulations filed from 2006 through 2007 can be found in the Vol. 26, No. 52, December 27, 2007 Kansas Register. A list of regulations filed from 2008 through November 2009 can be found in the Vol. 28, No. 53, December 31, 2009 Kansas Register. The following regulations were filed after December 1, 2009: Reg. No. 111-2-30 111-2-232 111-2-233 111-2-234 111-2-235 through 111-2-240 111-2-241 111-2-242 111-2-243 through 111-2-248 111-4-2899 through 111-4-2907 111-4-2908 through 111-4-2911 111-4-2911a 111-4-2912 through 111-4-2923 111-4-2924 through 111-4-2930 111-4-2931 through 111-4-2938 111-4-2939 through 111-4-2948 111-4-2949 through 111-4-2984 111-4-2949 through 111-4-2984 111-4-2985 through 111-4-2988 111-4-2989 111-4-2990 111-4-2991 111-4-2992 through 111-4-3011 111-4-3012 through 111-4-3022 111-5-175 through 111-5-179 111-5-180 through 111-5-194 Action Amended Amended Amended New New New New New New New New New New New New New New New New New New New New New New Register V. V. V. V. 29, 29, 29, 29, p. p. p. p. 215 215 215 746
V. 29, p. 1214, 1215 V. 29, p. 1247 V. 29, p. 1247 V. 29, p. 1512, 1513 V. 29, p. 9-14 V. 29, p. 149-152 V. 29, p. 152 V. 29, p. 153-157 V. 29, p. 216-222 V. 29, p. 467-473 V. 29, p. 569-575 V. 29, p. 746-769 V. 29, p. 746-769 V. 29, p. 1180-1183 V. 29, p. 1216 V. 29, p. 1217 V. 29, p. 1218 V. 29, p. 1248-1259 V. 29, p. 1513-1522 V. 29, p. 157-159 V. 29, p. 222-228
AGENCY 99: DEPARTMENT OF AGRICULTUREDIVISION OF WEIGHTS AND MEASURES Reg. No. 99-25-1 99-25-5 99-25-9 99-25-11 99-25-12 99-26-1 99-27-2 99-27-3 99-27-4 99-27-5 Reg. No. 100-11-1 100-22-8 100-22-8a 100-28a-1 100-28a-2 100-28a-10 100-29-1 100-29-3a 100-29-16 100-49-4 100-54-1 100-54-4 100-54-8 100-55-1 100-55-4 100-55-7 100-55-9 100-69-1 Action Amended Amended Amended New New Amended Amended Revoked Amended Amended Action Amended Revoked New Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Register V. 29, p. 1242 V. 29, p. 1242 V. 27, p. 108 V. 27, p. 109 V. 29, p. 1242 V. 28, p. 522 V. 27, p. 1019 V. 27, p. 1019 V. 27, p. 1019 V. 27, p. 1019 Register V. 29, p. 650 V. 27, p. 357 V. 27, p. 357 V. 28, p. 112 V. 28, p. 1736 V. 28, p. 572 V. 29, p. 598 V. 28, p. 1737 V. 28, p. 1060 V. 29, p. 651 V. 28, p. 1594 V. 27, p. 209 V. 28, p. 1595 V. 29, p. 704 V. 27, p. 209 V. 29, p. 651 V. 28, p. 572 V. 27, p. 1672
AGENCY 109: BOARD OF EMERGENCY MEDICAL SERVICES Reg. No. 109-2-9 109-3-1 109-5-1 109-5-2 109-5-3 109-5-4 109-5-5 109-5-6 109-6-1 109-6-2 109-6-3 109-10-7 109-11-1 109-11-3 109-11-4 109-11-6 109-15-1 109-15-2 Action Amended Amended Amended Amended Amended Revoked New New Amended Amended Revoked New Amended Amended Amended Amended New Amended Register V. 28, p. 1030 V. 28, p. 1030 V. 29, p. 1281 V. 28, p. 574 V. 29, p. 1282 V. 29, p. 113 V. 27, p. 1548 V. 28, p. 575 V. 29, p. 113 V. 29, p. 113 V. 28, p. 575 V. 29, p. 113 V. 29, p. 1283 V. 29, p. 1284 V. 29, p. 1284 V. 29, p. 1285 V. 28, p. 575 V. 29, p. 1285
Vol. 30, No. 4, January 27, 2011
111-5-181 111-5-184 111-5-186 111-5-194 111-9-162 111-9-163 111-9-164 111-9-165 111-9-166 111-9-167 111-9-168 111-9-169 111-201-1 through 111-201-17 111-301-1 through 111-301-6 111-302-1 through 111-302-6 111-303-1 through 111-303-5 111-304-1 through 111-304-6 111-305-1 through 111-305-6 111-306-1 through 111-306-6 111-306-4 111-306-6 111-307-1 through 111-307-7 111-308-1 through 111-308-7 111-309-1 through 111-309-6 111-310-1 through 111-310-6 111-311-1 through 111-311-7 Amended Amended Amended Amended New New New New New New New New New New New New New New New Amended Amended New New New New New V. 29, p. 1522 V. 29, p. 1523 V. 29, p. 1524 V. 29, p. 1525 V. 29, p. 229 V. 29, p. 229 V. 29, p. 230 V. 29, p. 769 V. 29, p. 1184 V. 29, p. 1526 V. 29, p. 1526 V. 29, p. 1527 V. 29, p. 73-79 V. 29, p. 79, 80 V. 29, p. 82-86 V. 29, p. 87-89 V. 29, p. 89-91 V. 29, p. 474, 475 V. 29, p. 1185-1187 V. 29, p.1260 V. 29, p. 1219 V. 29, p. 1189-1191 V. 29, p. 1261-1263 V. 29, p. 1528-1530 V. 29, p. 1530-1532 V. 29, p. 1532-1535
Kansas Register
112-107-6 112-107-7 112-107-9 112-107-10 112-107-11 112-107-13 through 112-107-32 112-107-34 112-108-1 through 112-108-57 112-110-1 through 112-110-13 112-111-1 through 112-111-5 112-112-1 through 112-112-9 112-113-1 112-114-1 through 112-114-6 112-114-8 through 112-114-12 112-114-14 New New New New New New New New New New New New New New New V. 28, p. 428 V. 28, p. 428 V. 28, p. 429 V. 28, p. 429 V. 28, p. 430 V. 28, p. 430-440 V. 28, p. 441 V. 28, p. 1766-1788 V. 28, p. 464-470 V. 28, 470-472 V. 27, p. 1411-1413 V. 28, p. 382 V. 28, p. 472 V. 28, p. 472, 473 V. 28, p. 473 AGENCY 121: DEPARTMENT OF CREDIT UNIONS Reg. No. 121-9-1 121-10-1 121-10-2 121-11-1 121-11-2 121-12-1 Action Amended Amended New New New New
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Register V. 28, p. 457 V. 29, p. 675 V. 27, p. 1099 V. 28, p. 457 V. 28, p. 457 V. 28, p. 459
AGENCY 128: DEPARTMENT OF COMMERCE KANSAS ATHLETIC COMMISSION Reg. No. 128-1-1 128-1-1 128-2-1 128-2-3 through 128-2-13 128-2-12 128-3-1 128-4-1 through 128-4-9 128-4a-1 128-5-1 128-5-2 128-6-1 128-6-2 128-6-4 Action New (T) New New New New (T) New New New New New New New New Register V. 27, p. 106 V. 27, p. 358 V. 27, p. 360 V. 27, p. 360-362 V. 27, p. 107 V. 27, p. 362 V. 27, p. 363-367 V. 27, p. 367 V. 27, p. 367 V. 27, p. 368 V. 27, p. 368 V. 27, p. 371 V. 27, p. 374
AGENCY 115: DEPARTMENT OF WILDLIFE AND PARKS Reg. No. 115-2-1 115-2-3 115-2-3a 115-2-5 115-4-2 115-4-4 115-4-4a 115-4-6 115-4-6a 115-4-11 115-4-13 115-4-14 115-5-1 115-5-2 115-6-1 115-7-1 115-7-2 115-7-3 115-7-8 115-7-9 115-7-10 115-8-1 115-8-6 115-8-9 115-8-10 115-8-13 115-15-1 115-15-2 115-18-7 115-18-20 115-18-21 115-20-7 Action Amended Amended Amended Amended Amended Amended Amended Amended Revoked Amended Amended Revoked Amended Amended Amended Amended Amended Amended Revoked Amended New Amended Amended Amended Amended Amended Amended Amended Amended Amended New New Register V. 29, p. 1602 V. 29, p. 1603 V. 29, p. 1603 V. 27, p. 1265 V. 29, p. 408 V. 29, p. 658 V. 29, p. 659 V. 29, p. 409 V. 27, p. 112 V. 29, p. 67 V. 27, p. 404 V. 27, p. 112 V. 28, p. 1250 V. 28, p. 1251 V. 28, p. 1251 V. 29, p. 1606 V. 27, p. 1708 V. 28, p. 1599 V. 29, p. 1607 V. 29, p. 1607 V. 28, p. 1600 V. 29, p. 1092 V. 28, p. 1600 V. 27, p. 1265 V. 27, p. 1265 V. 27, p. 112 V. 28, p. 1079 V. 28, p. 1080 V. 29, p. 659 V. 29, p. 1608 V. 27, p. 1708 V. 29, p. 659
AGENCY 112: RACING AND GAMING COMMISSION Reg. No. 112-12-15 112-13-6 112-100-1 through 112-100-7 112-101-1 through 112-101-16 112-102-1 through 112-102-13 112-103-1 through 112-103-12 112-103-15 112-103-16 112-104-1 through 112-104-33 112-104-34 through 112-104-41 112-105-1 through 112-105-7 112-106-1 through 112-106-7 112-107-1 112-107-2 112-107-3 112-107-5 Action New New New New New New New New New New New New New New New New Register V. 28, p. 797 V. 28, p. 376 V. 27, p. 1378 V. 28, p. 376-379 V. 28, p. 1161-1163 V. 28, p. 376-382 V. 28, p. 382 V. 28, p. 382 V. 27, p. 1378-1406 V. 28, p. 1457-1459 V. 27, p. 1406-1408 V. 27, p. 1408-1411 V. 28, p. 424 V. 28, p. 424 V. 28, p. 424 V. 28, p. 428
AGENCY 117: REAL ESTATE APPRAISAL BOARD Reg. No. 117-1-1 117-2-1 117-2-2 117-2-2a 117-3-1 117-3-2 117-3-2a 117-4-1 117-4-2 117-4-2a 117-5-2 117-5-2a 117-6-1 117-6-3 117-7-1 117-8-1 117-10-1 Action Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended New Register V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. 28, 29, 29, 28, 29, 29, 28, 29, 29, 28, 28, 28, 29, 29, 28, 29, 28, p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. 373 412 413 373 414 415 373 416 417 374 374 375 656 656 375 418 375
Vol. 30, No. 4, January 27, 2011
Kansas Register
Vol. 30, No. 5 February 3, 2011 Pages 73-100
In this issue . . .
Page
Kansas Commission on Peace Officers Standards and Training Notice of meeting ........................................................................................................................ 75 Notice of committee meeting........................................................................................................ 75 Kansas Judicial Council Notice of meetings....................................................................................................................... 75 Secretary of State Executive appointments ............................................................................................................... 75 Code mortgage rate for February ................................................................................................. 76 Usury rate for February ............................................................................................................... 77 Kansas Department of Transportation Notice to contractors.................................................................................................................... 76 Notice to consulting engineers ..................................................................................................... 77 Pooled Money Investment Board Notice of investment rates............................................................................................................ 77 Department of RevenueDivision of Vehicles Notices of intent to establish a new line-make for an existing new motor vehicle dealer.................. 78 Notice of intent to establish a new motor vehicle dealer license ..................................................... 78 Department of Wildlife and Parks Public notice................................................................................................................................ 78 City of Wichita Notice to bidders ......................................................................................................................... 79 Kansas Board of Regents Universities Notice to bidders ......................................................................................................................... 79 Department of AdministrationDivision of Purchases Notice to bidders for state purchases ............................................................................................ 79 Office of the Governor Executive Order 10-14, rescinding certain executive orders ............................................................ 80 Notice of Note Sale City of Oberlin ............................................................................................................................ 80 Notice of Bond Sale City of Fort Scott ......................................................................................................................... 81 City of Mission............................................................................................................................ 82 Satanta Hospital District, Haskell County Notice of intent to seek private placement of general obligation bonds........................................... 82 Workforce Alliance of South Central Kansas Request for proposals for office space and accounting services ...................................................... 83 Legislative bills and resolutions introduced January 20-26 .............................................................. 83 (continued on next page)
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Kansas Register
In this issue
Kansas Department of Commerce Notice of hearing on the 2012 CDBG Program .............................................................................. 85 Board of Emergency Medical Services Notice of hearing on proposed administrative regulations ............................................................. 86 Kansas Department of Agriculture Notice of hearing on proposed administrative regulations ............................................................. 88 Wildlife and Parks Commission Notice of hearing on proposed administrative regulations ............................................................. 88 Department of Health and Environment Requests for comments on proposed air quality permits................................................................ 89 Request for comments on proposed solid waste processing facility permit ..................................... 90 Notice concerning water pollution control permits/applications ..................................................... 90 Permanent Administrative Regulations Governmental Ethics Commission ................................................................................................ Real Estate Appraisal Board ......................................................................................................... Kansas Health Policy Authority ................................................................................................... Index to administrative regulations ................................................................................................. 92 92 92 93
Vol. 30, No. 5, February 3, 2011
Meetings/Executive Appointments
State of Kansas
Kansas Register
State of Kansas
75

Notice of Meeting The Kansas Commission on Peace Officers Standards and Training will meet 10 a.m. Friday, March 18, in the conference room at the commission office, 1999 N. Amidon, Suite 350, Wichita. The meeting is open to the public. For more information, call (316) 832-9906. John Carmichael Chairperson
Doc. No. 039100
Secretary of State
Justice of the Supreme Court, Position No. 7 Nancy L. Moritz, 3rd Floor, Kansas Judicial Center, 301 S.W. 10th Ave., Topeka, 66612. Succeeds Hon. Robert E. Davis, retired. Judge of the Court of Appeals, Position No. 9 Karen Arnold-Burger, 3rd Floor, Kansas Judicial Center, 301 S.W. 10th Ave., Topeka, 66612. Succeeds Hon. Gary W. Rulon, retired. State Senator, 38th District Garrett Love, P.O. Box 1, Montezuma, 67867. Succeeds Tim Huelskamp, resigned. State Representative, 12th District Jim Kelly, 309 S. 5th St., Independence, 67301. Succeeds Jeff King, resigned. State Representative, 26h District Robert Mongtomery, 1300 E. Sleepy Hollow Drive, Olathe, 66061. Succeeds Rob Olson, resigned. State Representative, 47th District Ramon Gonzalez Jr., 312 Elm St., Perry, 66073. Succeeds Lee Tafanelli, resigned. State Representative, 99th District Dennis Hedke, 1669 N. Sagebrush St., Wichita, 67230. Succeeds Aaron Jack, resigned. State Representative, 115th District Ron Ryckman, 503 N. Cedar, Meade, 67854. Succeeds Garrett Love. State Representative, 119th District Brian A. Weber, P.O. Box 804, Dodge City, 67801. Succeeds Pat George, resigned. Secretary of Aging Shawn Sullivan, Department on Aging, 503 S. Kansas Ave., Topeka, 66603. Succeeds Martin Kennedy. Behavioral Sciences Regulatory Board Amory K. Lovin, 11461 Parkview Ave., Kansas City, KS 66109. Term expires June 30, 2014. Reappointed. Commissioner of Juvenile Justice Authority Curtis Whitten, Suite 300, Jayhawk Walk, 714 S.W. Jackson, Topeka, 66603. Succeeds J. Russell Jennings.
State of Kansas

Notice of Committee Meeting The Kansas Commission on Peace Officers Standards and Trainings Investigative Sub-Committee will meet at 10 a.m. Thursday, February 3, in the conference room at the commission office, 1999 N. Amidon, Suite 350, Wichita. The meeting is open to the public. For more information, call (316) 832-9906. John Carmichael Chairperson
Doc. No. 039099
State of Kansas

Date Feb. 11 Feb. 18 Feb. 18 Feb. 18 March 11 March 16 March 18 March 18 Committee Commission on Judicial Performance Lien Law Sub-Committee Pattern Instructions for Kansas-Criminal Probate Law Commission on Judicial Performance Supreme Court Rules Lien Law Sub-Committee Pattern Instructions for Kansas-Criminal Time 9:30 a.m. 9:30 a.m. 9:30 a.m. 9:30 a.m. 9:30 a.m. 9:30 a.m. 9:30 a.m. 9:30 a.m. Location Suite 140-West Suite 140-East Fatzer Courtroom Suite 140-West Suite 140-West Fatzer Courtroom Suite 140-West COA Courtroom

Doc. No. 039091

Doc. No. 039072
76
State of Kansas
Kansas Register
Secretary of State
Code Mortgage Rate for February
Notices
Pursuant to the provisions of K.S.A. 16a-1-301, Section 11, the code mortgage rate during the period of February 1, 2011 through February 28, 2011, is 12 percent. Kris W. Kobach Secretary of State
Doc. No. 039086
State of Kansas
Notice to Contractors Sealed proposals for the construction of road and bridge work in the following Kansas counties will be received at the Bureau of Construction and Maintenance, KDOT, Topeka, or at the Eisenhower State Office Building, fourth floor west wing, 700 S.W. Harrison, Topeka, until 1 p.m. February 16 and then publicly opened: District One Northeast Jackson43 C-4586-01 County road at the west edge of Circleville, grading and bridge, 0.1 mile. (Federal Funds) Johnson35-46 KA-2166-01 I-35 northbound from Old U.S. 56 to just north of K-150, 1.4 miles, concrete paving. (State Funds) Johnson435-46 KA-0065-01 I-435 from 87th Street north to Midland Drive, 2.7 miles, pavement patching. (State Funds) Leavenworth92-52 KA-1507-01 K-92 bridge over Missouri River, bridge repair. (State Funds) Osage75-70 KA-1889-01 U.S. 75 and U.S. 56 in Osage County, lighting, 1 mile. (Federal Funds) Osage75-70 KA-2162-01 U.S. 75 over K-276 and the Atchison, Topeka and Santa Fe Railroad, 3.5 miles north of the Coffey-Osage county line, slide repair. (State Funds) Wyandotte670-105 KA-1294-01 I-670 bridge 1 mile east of Mill Street in Kansas City, bridge repair. (State Funds) Wyandotte70-105 KA-2161-01 I-70 beginning at 118th Street then east 2 miles, pavement patching. (State Funds) District Two Northcentral Ottawa81-72 KA-0750-01 U.S. 81 from 0.7 mile north of the K-106 junction to the Ottawa-Cloud county line, milling and overlay, 11.7 miles. (State Funds) Morris64 C-4540-01 County road 3.5 miles north and 2.2 miles east of Council Grove, grading, bridge and surfacing, 0.2 mile. (Federal Funds) Morris56-64 KA-0931-01 U.S. 56 culvert replacement 0.7 mile west of the west junction of K-177. (State Funds) District Three Northwest Graham283-33 KA-1314-01 U.S. 283 bridge 0.6 mile north of the Trego County line over the Saline River drainage, bridge repair. (State Funds)
Osborne181-71 KA-1311-01 K-181 north fork Solomon bridge, 0.5 mile north of the junction of U.S. 24, bridge repair. (State Funds) Thomas70-97 KA-1313-01 Three I-70 bridges located southeast of Colby, bridge repair. (State Funds) Trego98 C-4541-01 County road 12 miles south and 8.6 miles west of WaKeeney, grading and bridge. (Federal Funds) Trego283-98 KA-1315-01 U.S. 283 bridge 3.1 miles south of the Graham County line over Trego Creek, bridge repair. (State Funds) Wallace40-100 KA-1316-01 U.S. 40 bridge 6.5 miles east of east junction of K-27 over Pond Creek, bridge repair. (State Funds) District Four Southeast Neosho47-67 KA-0791-01 K-47 from the WilsonNeosho county line east to 0.5 mile west of the U.S. 169 junction, grading and surfacing, 2.9 miles. (Federal Funds) Wilson47-103 KA-0791-02 K-47 from 0.2 mile east of the U.S. 75 junction east to the Wilson-Neosho county line, grading and surfacing, 7 miles. (Federal Funds) District Five Southcentral Rush96-83 KA-1319-01 K-96 bridges 10.2 miles and 11.8 miles east of the Ness County line, bridge repair. (State Funds) Sedgwick96-87 KA-1673-01 K-96 from I-135 east to Rock Road, grading, 4.1 miles. (Federal Funds) Sumner160-96 KA-0844-01 The junction of U.S. 81 and U.S. 160 in Wellington, grading and surfacing, 0.7 mile. (State Funds) Proposals will be issued upon request to all prospective bidders who have been prequalified by the Kansas Department of Transportation on the basis of financial condition, available construction equipment and experience. Also, a statement of unearned contracts (Form No. 284) must be filed. There will be no discrimination against anyone because of race, age, religion, color, sex, handicap or national origin in the award of contracts. Each bidder shall file a sworn statement executed by or on behalf of the person, firm, association or corporation submitting the bid, certifying that such person, firm, association or corporation has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the submitted bid. This sworn statement shall be in the form of an affidavit executed and sworn to by the bidder before a person who is authorized by the laws of the state to administer oaths. The required form of affidavit will be provided by the state to each prospective bidder. Failure to submit the sworn statement as part of the bid approval package will make the bid nonresponsive and not eligible for award consideration. Plans and specifications for the projects may be examined at the office of the respective county clerk or at the KDOT district office responsible for the work. Deb Miller Secretary of Transportation
Doc. No. 039076
Notices
State of Kansas
Kansas Register
Secretary of State
Usury Rate for February
77
Pursuant to the provisions of K.S.A. 16-207, the maximum effective rate of interest per annum for notes secured by all real estate mortgages and contracts for deed for real estate (except where the note or contract for deed permits adjustment of the interest rate, the term of the loan or the amortization schedule) executed during the period of February 1, 2011 through February 28, 2011, is 6.09 percent. Kris W. Kobach Secretary of State
Doc. No. 039085
State of Kansas

Doc. No. 039082
State of Kansas
Notice to Consulting Engineers The Kansas Department of Transportation is seeking qualified consulting engineering firms or teams, prequalified in Category 336 Right of Way Services, for on-call services with project scopes as listed below. A pdf (1Mb maximum size) of the interest response must be e-mailed to David J. Nagy, P.E., Assistant to the Bureau Chief of Design/Contracts Engineer, at DavidN@ksdot.org. Interest responses shall be limited to four pages, the pdf file name and the subject line of the e-mail must read Firm Name On-Call ROW LOI, and the pdf must be received by noon February 17 for the consulting engineering firm or team to be considered. ROW On-Call Services These services will include a variety of functions associated with development of the Existing Highway Right of Way Features and Preparation of the Proposed Highway Right of Way. The Bureau of Right of Way will assist in the activities between the consultant and the Bureau of Design to expedite the consultants development
of the existing highway right features and preparation of the legal description(s) for the proposed highway right of way. The consultant shall use electronic data processing techniques in the preparation of the legal description(s) for the existing and proposed highway right of way, and said data files shall be organized as described in KDOTs Graphic Standards Manuals and conform to the CAD Conform standards. The consultant shall deliver the electronic CADD files in the most current version of Microstation and conform to standard practices as described in the Bureau of Right of Way Engineering Section Manual. The Bureau of Right of Way may provide the consultant with the following items as they become available in the course of the project development: Field survey notes; project plans; strip map with tracts enumerated; certificates of title; available graphic files in the form of an Intergraph CADD design file in the most current version of Microstation; and the proper time for coordination with the Bureau of Design in establishing final right of way. The Consultant Shortlist Committee will select several of the most highly qualified firms expressing interest and schedule an individual interview. The consulting firms can more thoroughly discuss their qualifications, experience related to project(s), their approach to general project(s) design work, available schedule, and the personnel qualifications at the interview. Firms not selected to be short-listed will be notified. Categories may be viewed at www.ksdot.org/divengdes/prequal. The Consultant Selection Committee, appointed by the Secretary of Transportation, will conduct the discussions with the firms invited to the individual interview conferences. The committee will select several firms based on qualifications to perform the professional services required for completing projects on an on-call basis. After the selection, the firms not selected will be notified of the outcome. It is KDOTs policy to use the following criteria as the basis for selection of the consulting engineering firms: 1. Size and professional qualifications. 2. Experience of staff. 3. Location of firm with respect to proposed project(s). 4. Work load of firm. 5. Firms performance record. The firms accounting systems must have the following capabilities before the firm may be awarded a contract: Valid, reliable and current costs must be available within the system to support cost and pricing data. Capability to provide a means of measuring the reasonableness of incurred costs. Capability to identify and accumulate allowable costs by contract or project records that will reconcile with the general ledger. Ability to provide supporting documentation of actual expenditures for each billing, based on costs. For more information, contact David Nagy at DavidN@ksdot.org. Deb Miller Secretary of Transportation
Doc. No. 039083
78
State of Kansas
Kansas Register
Department of Revenue Division of Vehicles
Notices
Notice of Intent to Establish a New Line-Make for an Existing New Motor Vehicle Dealer Notice has been received from Jayhawk Camper Sales, Inc. of its intent to establish the franchise of Crossroads RV to its location at 24105 W. 43rd St., Shawnee, Kansas. Pursuant to K.S.A. 8-2430(a)(5), any existing new motor vehicle dealer may protest the proposed addition of the new franchise of Crossroads RV at Jayhawk Camper Sales, Inc., if that existing new motor vehicle dealer has a franchise agreement for the same line-make vehicle as that which is to be sold or offered for sale by Jayhawk Camper Sales, Inc., at 24105 W. 43rd St., Shawnee, Kansas, and provided that the existing new motor vehicle dealer is physically located such that its relevant market area, as defined in K.S.A. 8-2430(e), includes the location where the new Crossroads RV dealership will be located. Pursuant to K.S.A. 8-2430(a), any petition or complaint by any dealer with standing to protest must be filed with the Director of Vehicles within 30 days of this notice. Such petitions or complaints must be directed to the Kansas Department of Revenue, Director of Vehicles, 1st Floor, Docking State Office Building, 915 S.W. Harrison, Topeka, 66612. Michael J. McLin, Bureau Manager Titles and Registration/ Dealer Licensing Bureau
Doc. No. 039094
Docking State Office Building, 915 S.W. Harrison, Topeka, 66612. Michael J. McLin, Bureau Manager Titles and Registration/ Dealer Licensing Bureau
Doc. No. 039093
State of Kansas

Notice of Intent to Establish a New Line-Make for an Existing New Motor Vehicle Dealer Notice has been received from T.E.N. Investments, Inc., dba Aristocrat Motors, of its intent to establish the franchise of Maserati to its location at 9400 W. 65th St., Merriam, Kansas. Pursuant to K.S.A. 8-2430(a)(5), any existing new motor vehicle dealer may protest the proposed addition of the new franchise of Maserati at T.E.N. Investments, Inc., dba Aristocrat Motors, if that existing new motor vehicle dealer has a franchise agreement for the same line-make vehicle as that which is to be sold or offered for sale by T.E.N. Investments, Inc., Aristocrat Motors, at 9400 W. 65th St., Merriam, Kansas, and provided that the existing new motor vehicle dealer is physically located such that its relevant market area, as defined in K.S.A. 8-2430(e), includes the location where the new Maserati dealership will be located. Pursuant to K.S.A. 8-2430(a), any petition or complaint by any dealer with standing to protest must be filed with the Director of Vehicles within 30 days of this notice. Such petitions or complaints must be directed to the Kansas Department of Revenue, Director of Vehicles, 1st Floor, Docking State Office Building, 915 S.W. Harrison, Topeka, 66612. Michael J. McLin, Bureau Manager Titles and Registration/ Dealer Licensing Bureau
Doc. No. 039095
State of Kansas

Notice of Intent to Establish a New Motor Vehicle Dealer License Notice has been received from Express Tire and Auto, L.L.C., of its intent to establish a new and used vehicle dealership inclusive of selling Polaris Low Speed/Electric Vehicles at 806 E. 12th St., Emporia, Kansas. Pursuant to K.S.A. 8-2430(a)(5), any existing new motor vehicle dealer may protest the proposed establishment of the new Polaris Low Speed/Electric Vehicle dealership, Express Tire and Auto, L.L.C., at 806 E. 12th St., Emporia, Kansas, if that existing new motor vehicle dealer has a franchise agreement for the same line-make vehicle as that which is to be sold or offered for sale by Express Tire and Auto, L.L.C., at 806 E. 12th St., Emporia, Kansas, and provided that the existing new motor vehicle dealer is physically located such that its relevant market area, as defined in K.S.A. 8-2430(e), includes the location where the new Polaris Low Speed/Electric Vehicle dealership will be located. Pursuant to K.S.A. 8-2430(a), any petition or complaint by any dealer with standing to protest must be filed with the Director of Vehicles within 30 days of this notice. Such petitions or complaints must be directed to the Kansas Department of Revenue, Director of Vehicles, 1st Floor,
State of Kansas
Department of Wildlife and Parks

Public Notice The Kansas Department of Wildlife and Parks has reached an agreement for the purchase of a tract of land in Ford County. The parcel consist of 1 acre and is located in Lot 1, Block 1, Cooper Addition, a subdivision of part of the Northwest Quarter of Section 2, Township 27 South, Range 25 West, Dodge City, Ford County, Kansas. The appraised value is $20,000. The purchase price is $14,000. The property is being purchased for less than appraised value pursuant to K.S.A. 32-833. This tract is adjacent to and shall become part of the Kansas Department of Wildlife and Parks Region 3 Office. Robin L Jennison Acting Secretary of Wildlife and Parks
Doc. No. 039109
Notices
(Published in the Kansas Register February 3, 2011.)
Kansas Register
City of Wichita, Kansas
Notice to Bidders
79
The city of Wichita will receive bids at the Purchasing Office, 455 N. Main, 12th Floor, Wichita, 67202, until 10 a.m. Friday, February 25, for the following project: (KDOT Project No. 87N-0361-01/472-84883/249140) (OCA Code 715724) Bridge Lincoln Street Bridge & Dam Improvements over Arkansas River Requests for the bid documents and plans should be directed to City Blue Print at (316) 265-6224 or Marty Strayer at (316) 268-4488. Other questions should be directed to the respective design engineer, (316) 268-4501. All bids received will thereafter be publicly opened, read aloud, and considered by the Board of Bids and Contracts. All work is to be done under the direction and supervision of the city manager and according to plans and specifications on file in the office of the city engineer. Bidders are required to enclose a bid bond in the amount of 5 percent with each bid as a guarantee of good faith. The Wichita City Council reserves the right to reject any and all bids. The successful bidder may contact Kim Pelton at (316) 268-4499 for extra sets of plans and specifications. Marty Strayer Administrative Aide City of WichitaEngineering
Doc. No. 039088
Doc. No. 038494
State of Kansas

02/15/2011 02/15/2011 02/17/2011 02/17/2011 02/17/2011 02/24/2011 02/24/2011 EVT0000392 EVT0000399 EVT0000384 EVT0000401 EVT0000404 EVT0000355 EVT0000394 Vehicles, Compact, Hybrid Tow Ropes, Polypropylene Asphaltic Materials, Liquid All-Terrain Vehicles Compact Track Loader Mobile Parks Tour Burial Services
State of Kansas

The above-referenced bid documents can be downloaded at the following Web site: http://www.da.ks.gov/purch/ Additional files may be located at the following Web site (please monitor this Web site on a regular basis for any changes/addenda): http://da.state.ks.us/purch/adds/default.htm Contractors wishing to bid on the project below must be prequalified. Information regarding prequalification, projects and bid documents can be obtained by calling (785) 296-8899 or by visiting www.da.ks.gov/fp/.
02/22/2011 A-011502 Geodesic Dome Reroof Goodland, Dept. of Transportation, Topeka

Doc. No. 039107
80
Kansas Register
Executive Order/Note Sale
(Editors Note: The following Executive Order was issued December 22, 2010, by then Gov. Mark Parkinson.)
Dated December 22, 2010. Mark Parkinson Governor

Doc. No. 039116
State of Kansas

Executive Order No. 10-14 Rescinding Certain Executive Orders WHEREAS, the executive power of the Governor of Kansas has been exercised through the issuance of Executive Orders, Executive Directives, and Proclamations; and WHEREAS, the issuance of such documents is recognized as an inherent power vested in the chief executive of this state; and WHEREAS, several Executive Orders have contained automatic rescissions or have been rescinded or superseded by subsequent Executive Orders, and are currently of no force and effect; and WHEREAS, many Executive Orders have been for a limited duration, involve the creation of a task force for a specific task, or are otherwise out-dated; and WHEREAS, periodic examination and evaluation of the continuation of the force and effect of these Executive Orders is necessary and proper. NOW THEREFORE, pursuant to the authority vested in me as Governor and chief executive of the State of Kansas, I hereby rescind the force and effect of the following Executive Orders promulgated by the Governor of the State of Kansas and abolish all councils, task forces, committees, boards, advisory councils, and commissions (if any) created by such Executive Order: 96-182 Establishing the Governors Commission on Housing 06-05 Establishing the Kansas Interagency Council on Abuse, Neglect, and Exploitation 01-04 Establishing the Governors Council on Work Force Training and Investment to be known as the IMPACT Review Panel 02-01 Establishing the Kansas Bioterrorism Hospital Preparedness Advisory and Planning Committee 02-02 Establishing the Kansas Bioterrorism Coordinating Council and the Kansas Hospital Preparedness Planning Committee 03-21 Establishing the Governors Office of Health Planning and Finance 07-02 Establishing the Kansas Health Information Exchange Commission 08-02 Establishing the Kansas Innovation Consortium 08-03 Establishing the Kansas Energy and Environmental Policy Advisory Group 09-01 Establishing the Facilities Closure and Realignment Commission This document shall be filed with the Secretary of State as Executive Order No. 10-14 and shall become effective immediately.
Summary Notice of Note Sale City of Oberlin, Kansas $4,473,000 General Obligation Temporary Notes, Series 2011 (General obligation notes payable from unlimited ad valorem taxes) Bids Subject to the Notice of Note Sale dated January 20, 2011, written bids will be received on behalf of the clerk of the city of Oberlin, Kansas (the issuer), at the address set forth below until 3 p.m. February 17, 2011, for the purchase of the above-referenced notes. No bid of less than 99 percent of the principal amount of the notes and accrued interest thereon to the date of delivery will be considered. Note Details The notes will consist of fully registered notes in the denomination of $5,000 or any integral multiple thereof, except one note in the denomination of $3,000. The notes will be dated March 1, 2011, and will become due March 1, 2013. The notes will bear interest from the date thereof at rates to be determined when the notes are sold as hereinafter provided, which interest will be payable semiannually on March 1 and September 1 in each year, beginning September 1, 2011. Book-Entry-Only System The successful bidder may elect to have the notes registered under a book-entry-only system administered through DTC. Paying Agent and Note Registrar Kansas State Treasurer, Topeka, Kansas. Delivery The issuer will pay for printing the notes and will deliver the same properly prepared, executed and registered without cost to the successful bidder on or about March 1, 2011, at DTC for the account of the purchaser or such bank or trust company in the contiguous United States as may be specified by the successful bidder. Assessed Valuation and Indebtedness The equalized assessed tangible valuation for computation of bonded debt limitations for the year 2010 is $7,264,328. The total general obligation indebtedness of the issuer as of the date of delivery of the notes, including the notes being sold, is $5,272,500. Approval of Notes The notes will be sold subject to the legal opinion of Gilmore & Bell, P.C., Wichita, Kansas, bond counsel, whose approving legal opinion as to the validity of the notes will be furnished and paid for by the issuer, printed
Note Sale/Bond Sale
Kansas Register
81
on the notes and delivered to the successful bidder when the notes are delivered. Additional Information Additional information regarding the notes may be obtained from the undersigned, or from the financial advisor, at the address set forth below. Written and Facsimile Bid Delivery Address: Karen Larson, City Clerk 1 Morgan Drive Oberlin, KS 67749 (785) 475-2217 Fax (785) 475-2925 E-mail: klarson@oberlinkansas.gov Dated January 20, 2011. City of Oberlin, Kansas By Karen Larson City Administrator/Clerk
Doc. No. 039087
nually on April 1 and October 1 in each year, beginning April 1, 2012. Book-Entry-Only System The bonds shall be registered under a book-entry-only system administered through DTC. Paying Agent and Bond Registrar Kansas State Treasurer, Topeka, Kansas. Good Faith Deposit Each bid shall be accompanied by a good faith deposit in the form of a cashiers or certified check drawn on a bank located in the United States, a qualified financial surety bond or a wire transfer in Federal Reserve funds immediately available for use by the issuer in the amount of $15,500. Delivery The issuer will pay for printing the bonds and will deliver the same properly prepared, executed and registered without cost to the successful bidder on or about March 9, 2011, to DTC for the account of the successful bidder. Assessed Valuation and Indebtedness The equalized assessed tangible valuation for computation of bonded debt limitations for the year 2010 is $51,663,275. The total general obligation indebtedness of the issuer as of the dated date, including the bonds being sold, is $5,593,575. Approval of Bonds The bonds will be sold subject to the legal opinion of Gilmore & Bell, P.C., Wichita, Kansas, bond counsel, whose approving legal opinion as to the validity of the bonds will be furnished and paid for by the issuer, printed on the bonds and delivered to the successful bidder when the bonds are delivered. Additional Information Additional information regarding the bonds may be obtained from the undersigned, or from the financial advisor, at the addresses set forth below. Written Bid and Good Faith Deposit Delivery Address: Susan Brown Assistant City Manager/Director of Finance City Hall, 1 E. 3rd, P.O. Box 151 Fort Scott, KS 66701 (620) 223-0550 Fax (620) 223-8100 E-mail: sbrown@fscity.org Financial Advisor Facsimile Bid and Good Faith Deposit Delivery Address: George K. Baum & Company 100 N. Main, Suite 810 Wichita, KS 67202 Attn: Charles M. Boully (316) 264-9351 Fax (316) 264-9370 E-mail: boully@gkbaum.com Dated January 18, 2011. City of Fort Scott, Kansas
Doc. No. 039096
Summary Notice of Bond Sale City of Fort Scott, Kansas $775,000 General Obligation Bonds, Series 2011-A (General obligation bonds payable from unlimited ad valorem taxes) Bids Subject to the Notice of Bond Sale dated January 18, 2011, written and electronic bids will be received on behalf of the city of Fort Scott, Kansas (the issuer), in the case of written bids, at the address set forth below, and in the case of electronic bids, through PARITY, until 2 p.m. February 15, 2011, for the purchase of the abovereferenced bonds. No bid of less than 100 percent of the principal amount of the bonds and accrued interest thereon to the date of delivery will be considered. Bond Details The bonds will consist of fully registered bonds in the denomination of $5,000 or any integral multiple thereof. The bonds will be dated March 1, 2011, and will become due on October 1 in the years as follows:
Year Principal Amount
2012 2013 2014 2015 2016 2017 2018 2019 2020 2021
$50,000 70,000 75,000 75,000 75,000 80,000 80,000 85,000 90,000 95,000
The bonds will bear interest from the date thereof at rates to be determined when the bonds are sold as hereinafter provided, which interest will be payable semian-
82
Kansas Register
Satanta Hospital District Haskell County, Kansas
Notice/Bond Sale
Notice of Intent to Seek Private Placement General Obligation Bonds, Series 2011 Notice is hereby given that Satanta Hospital District, Haskell County, Kansas (the issuer), proposes to seek a private placement of the above-referenced bonds. The maximum aggregate principal amount of the bonds shall not exceed $1,500,000. The proposed sale of the bonds is in all respects subject to approval of a bond purchase agreement between the issuer and the purchaser of the bonds and the adoption of a resolution by the governing body of the issuer authorizing the issuance of the bonds and the execution of various documents necessary to deliver the bonds. Dated January 20, 2011. Norma Conover Secretary
Doc. No. 039111
Book-Entry-Only System The bonds shall be registered under a book-entry-only system administered through DTC. Paying Agent and Bond Registrar Kansas State Treasurer, Topeka, Kansas. Good Faith Deposit Each bid shall be accompanied by a good faith deposit in the form of a cashiers or certified check drawn on a bank located in the United States, a qualified financial surety bond or a wire transfer in Federal Reserve funds immediately available for use by the issuer in the amount of $100,400. Delivery The issuer will pay for printing the bonds and will deliver the same properly prepared, executed and registered without cost to the successful bidder on or about March 15, 2011, to DTC for the account of the successful bidder. Assessed Valuation and Indebtedness The equalized assessed tangible valuation for computation of bonded debt limitations for the year 2009 is $140,417,299. The total general obligation indebtedness of the issuer as of the dated date, including the bonds being sold, is $34,285,000. Approval of Bonds The bonds will be sold subject to the legal opinion of Gilmore & Bell, P.C., Kansas City, Missouri, bond counsel, whose approving legal opinion as to the validity of the bonds will be furnished and paid for by the issuer, printed on the bonds and delivered to the successful bidder when the bonds are delivered. Additional Information Additional information regarding the bonds may be obtained from the undersigned, or from the financial advisor, at the addresses set forth below. Financial Advisor - Facsimile Bid and Good Faith Deposit Delivery Address: Ehlers & Associates, Inc. 3060 Centre Pointe Drive Roseville, MN 55113-1122 Attn: Bruce Kimmel (651) 697-8500 Fax (651) 697-8555 E-mail: dpeterson@ehlers-inc.com Dated January 19, 2011. Laura Smith, Finance Director 6090 Woodson Road Mission, KS 66202 (913) 676-8353 Fax (913) 722-1415 E-mail: lsmith@missionks.org
Doc. No. 039110
Summary Notice of Bond Sale City of Mission, Kansas $5,020,000* General Obligation Bonds, Series 2011A (General obligation bonds payable from unlimited ad valorem taxes) Bids Subject to the Notice of Bond Sale dated January 19, 2011, written and electronic bids will be received on behalf of the clerk of the city of Mission, Kansas (the issuer), in the case of written bids, at the address set forth below, and in the case of electronic bids, through PARITY, until 10 a.m. February 16, 2011, for the purchase of the abovereferenced bonds. No bid of less than 99.4 percent of the principal amount of the bonds and accrued interest thereon to the date of delivery will be considered. Bond Details The bonds will consist of fully registered bonds in the denomination of $5,000 or any integral multiple thereof. The bonds will be dated March 15, 2011, and will become due on September 1 in the years as follows:
2011 $ 410,000 2012 400,000 2013 410,000 2014 2,625,000 2015 1,175,000 The bonds will bear interest from the date thereof at rates to be determined when the bonds are sold as hereinafter provided, which interest will be payable semiannually on March 1 and September 1 in each year, beginning September 1, 2011.
RFP/Legislative Bills
Kansas Register
83
Workforce Alliance of South Central Kansas

Request for Proposals The Workforce Alliance of South Central Kansas has released requests for proposals for leased space in El Dorado and accounting services. Both requests can be found at www.workforce-ks.com and are available until March 4. For more information, contact Chad Pettera, Workforce Alliance of South Central Kansas, 150 N. Main, Suite 200, Wichita, 67202, (316) 771-6602, or chad@workforceks.com. Chad Pettera Chief Fiscal Officer
Doc. No. 039101
State of Kansas
Legislature
HB 2046, AN ACT concerning the department on aging; relating to the senior services fund; creating the health care for seniors fund; disposition of certain additional lottery proceeds; prescribing certain powers, duties and functions for the secretary of aging; amending K.S.A. 2010 Supp. 74-8768 and repealing the existing section, by Committee on Aging and Long Term Care. HB 2047, AN ACT enacting the geriatric mental health act; establishing a geriatric mental health program administered by the department on aging, by Committee on Aging and Long Term Care. HB 2048, AN ACT concerning the state board of pharmacy, establishing a prescription drug disposal program, by Representatives Sloan, Hill and K. Wolf. HB 2049, AN ACT concerning controlled substances; amending K.S.A. 2010 Supp. 65-4105 and repealing the existing section, by Committee on Corrections and Juvenile Justice. HB 2050, AN ACT concerning telecommunications; establishing the broadband deployment assistance program; amending K.S.A. 2010 Supp. 66-2010 and repealing the existing section, by Committee on Energy and Utilities. HB 2051, AN ACT concerning income taxation; relating to credits; amending K.S.A. 79-32,141 and K.S.A. 2010 Supp. 79-32,160a and repealing the existing sections, by Committee on Taxation. HB 2052, AN ACT concerning income taxation; relating to credits; qualified tuition and related expenses, by Committee on Taxation. HB 2053, AN ACT concerning school districts; enacting the Kansas uniform financial accounting and reporting act; amending K.S.A. 2010 Supp. 72-8254 and repealing the existing section, by Committee on Appropriations. HB 2054, AN ACT concerning the Kansas technology enterprise corporation; pertaining to the abolishing thereof; pertaining to the transfer of the powers and duties thereof to the department of commerce and the board of regents; amending K.S.A. 74-5001a, 74-8102, 74-8103, 748106, 74-8107, 74-8108, 74-8108a, 74-8109, 74-8110, 74-8111, 74-8316, 748317, 74-8318, 74-8319, 74-8401, 75-2935b, 75-3208 and 76-770 and K.S.A. 2010 Supp. 74-520a, 74-5005, 74-50,133, 74-50,151, 74-50,156, 74-8101, 748104, 74-8131, 74-8132, 74-8133, 74-8134, 74-8135, 74-8136, 74-99b03, 7499b04,74-99b09, 74-99b63, 74-99b66, 74-99c03 and 75-2935 and repealing the existing sections; also repealing K.S.A. 74-5050 and 74-8105, by Committee on Commerce and Economic Development.
HB 2055, AN ACT repealing K.S.A. 22-3432 and K.S.A. 2010 Supp. 21-4632; concerning criminal procedure; relating to offender information sharing, by Committee on Corrections and Juvenile Justice. HB 2056, AN ACT relating to the state bank commissioner; concerning the examination and annual assessment of certain financial institutions; amending K.S.A. 2010 Supp. 9-1703 and repealing the existing section, by Committee on Financial Institutions. HB 2057, AN ACT concerning forensic examinations; relating to admissibility; amending K.S.A. 2010 Supp. 22-3437 and repealing the existing section, by Committee on Corrections and Juvenile Justice. HB 2058, AN ACT regulating traffic; concerning traffic controlled lights; relating to motorcycles; amending K.S.A. 8-1508 and repealing the existing section, by Committee on Transportation. HB 2059, AN ACT concerning business and commerce; relating to the operation of second-hand stores, by Representative Sloan. HB 2060, AN ACT concerning disposal of decedents remains; amending K.S.A. 65-1734 and repealing the existing section, by Representative Sloan. HB 2061, AN ACT concerning crimes, criminal procedure and punishment; relating to criminal culpability, by Representative Sloan. HB 2062, AN ACT concerning criminal procedure, relating to searches; amending K.S.A. 22-2501 and repealing the existing section, by Representative Sloan. HB 2063, AN ACT designating xiphactinus audax as the state fossil of Kansas, by Representatives Sloan and Hineman. HB 2064, AN ACT creating the Kansas higher education commission, by Committee on Vision 2020. HB 2065, AN ACT concerning cities; relating to annexation; amending K.S.A. 12-531 and 12-532 and repealing the existing sections, by Committee on Local Government. HB 2066, AN ACT concerning certain city annexation of fire district territory, by Committee on Local Government. HB 2067, AN ACT concerning elections; relating to voter identification; amending K.S.A. 25-2411, 25-2416, 25-2423 and 25-2431 and K.S.A. 2010 Supp. 8-1324, 25-1122, 25-1122d, 25-1123, 25-1124, 25-1128, 25-2309, 25-2908, 25-3002 and 65-2418 and repealing the existing sections, by Representatives Kinzer, Arpke, A. Brown, Brunk, Burgess, Calloway, Carlson, Collins, DeGraaf, Donohoe, Fawcett, Fund, Garber, Goico, Goodman, Gregory, Amanda, Hildabrand, M. Holmes, Howell, Huebert, Kelley, Kelly, Kiegerl, Kleeb, Landwehr, Mast, McLeland, Meigs, Mesa, Montgomery, OBrien, OHara, Osterman, Otto, Patton, Peck, Powell, Rhoades, Rubin, Ryckman, Scapa, Seiwert, Siegfreid, Smith, Suellentrop, Vickrey, Weber, K. Wolf, B. Wolf and Worley. HB 2068, AN ACT concerning the Kansas power of attorney act; relating to durable powers of attorney; duties of the attorney in fact; amending K.S.A. 58-651 and 58-664 and K.S.A. 2010 Supp. 58-652 and 58-656 and repealing the existing sections, by Committee on Judiciary. HB 2069, AN ACT enacting the Kansas adverse medical outcome transparency act; concerning evidence in civil actions; expression of apology, sympathy, compassion or benevolent acts by health care providers not admissible as evidence of an admission of liability or as evidence of an admission against interest, by Committee on Judiciary. HB 2070, AN ACT concerning eminent domain; relating to notification of payment of appraisers award; amending K.S.A. 2010 Supp. 26510 and repealing the existing section, by Committee on Judiciary. HB 2071, AN ACT concerning inheritance rights; relating to revocation upon divorce, by Committee on Judiciary. HB 2072, AN ACT concerning civil procedure; relating to remote claim liens on commercial property; establishing the state construction registry; amending K.S.A. 60-1103, 60-1110 and 60-1111 and repealing the existing sections, by Committee on Judiciary. HB 2073, AN ACT concerning orders of support of a child; amending K.S.A. 2010 Supp. 38-1121 and 60-1610 and repealing the existing sections, by Committee on Judiciary. HB 2074, AN ACT concerning insurance rate filings; pertaining to the disclosure of certain information; amending K.S.A. 2010 Supp. 40-955 and repealing the existing section, by Committee on Insurance. HB 2075, AN ACT concerning the insurance departments criminal anti-fraud division; extending the exception from disclosure of records under the open records act; repealing K.S.A. 2010 Supp. 40-2,118, by Committee on Insurance. HB 2076, AN ACT concerning insurance; relating to municipal pools; amending K.S.A. 12-2620 and K.S.A. 2010 Supp. 12-2618 and repealing the existing sections, by Committee on Insurance. (continued)
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HB 2077, AN ACT concerning workers compensation; relating to group-funded pool filings to the insurance commissioner; amending K.S.A. 2010 Supp. 44-584 and repealing the existing section, by Committee on Insurance. HB 2078, AN ACT concerning the state school for the blind and the state school for the deaf; relating to training programs; amending K.S.A. 76-1102a and repealing the existing section, by Committee on Education. HB 2079, AN ACT concerning school districts; relating to transportation of pupils residing on the Leavenworth military reservation, by Committee on Education. HB 2080, AN ACT concerning elections; relating to extension districts; amending K.S.A. 2-624 and repealing the existing section, by Committee on Elections. HB 2081, AN ACT concerning special hospitals; requiring the provision of emergency services, by Committee on Health and Human Services. HB 2082, AN ACT concerning the maintenance of previously installed medical gas piping systems in hospitals; amending K.S.A. 2010 Supp. 12-1509 and repealing the existing section, by Committee on Health and Human Services. HB 2083, AN ACT relating to mortuary arts; concerning the notification of individuals with prefinanced funeral agreements; amending K.S.A. 65-1713a and repealing the existing section, by Committee on Health and Human Services. HB 2084, AN ACT concerning governmental organization; relating to consolidation; amending K.S.A. 12-3901, 12-3902, 12-3903, 12-3904, 123909 and 19-205 and repealing the existing sections, by Committee on Local Government. HB 2085, AN ACT relating to insurance; concerning title insurance; amending K.S.A. 2010 Supp. 40-1137 and repealing the existing section, by Committee on Insurance. HB 2086, AN ACT concerning retirement and pensions; relating to the Kansas public employees retirement system and systems thereunder; employer contributions; amending K.S.A. 2010 Supp. 74-4914d and 74-4920 and repealing the existing sections, by Joint Committee on Pensions, Investments, and Benefits. HB 2087, AN ACT to protect rights and privileges granted under the United States or Kansas constitutions, by Representatives Mast, Arpke, Boman, Brunk, Carlson, Collins, Crum, DeGraaf, Donohoe, Fund, Garber, Gonzalez, Goodman, Gregory, Grosserode, Hermanson, Hoffman, M. Holmes, Howell, Huebert, Kelley, Kiegerl, Kinzer, Landwehr, McLeland, Meier, Meigs, Montgomery, OBrien, OHara, ONeal, Osterman, Otto, Pauls, Rhoades, Rubin, Ryckman, Scapa, Seiwert, Siegfreid, Smith, Spalding, Suellentrop, Vickrey and Weber. HB 2088, AN ACT concerning cities and counties; relating to residential fire protection sprinkler systems; amending K.S.A. 2010 Supp. 1216,219 and repealing the existing section, by Committee on Commerce and Economic Development. HB 2089, AN ACT concerning hunting; relating to hunting dogs; permitting owners to retrieve their dogs from posted land; amending K.S.A. 2010 Supp. 32-1013 and repealing the existing section, by Committee on Federal and State Affairs. HB 2090, AN ACT concerning school districts; relating to transportation of pupils residing within 2 miles of the school building; amending K.S.A. 2010 Supp. 72-8302 and repealing the existing section, by Committee on Education. HB 2091, AN ACT concerning taxation; relating to sales and compensating use tax; rate of taxation; amending K.S.A. 2010 Supp. 79-3603, 793620, 79-3703 and 79-3710 and repealing the existing sections, by Representatives Kinzer, Brown, Collins, Donohoe, Garber, Goodman, Gregory, Grosserode, Hildabrand, Howell, Kiegerl, Landwehr, Meigs, Montgomery, OBrien, OHara, Osterman, Patton, Rubin, Scapa, Smith and Suellentrop. HB 2092, AN ACT concerning the employment security law; relating to unemployment benefits for privately contracted school bus drivers; amending K.S.A. 2010 Supp. 44-706 and repealing the existing section, by Committee on Transportation. HB 2093, AN ACT concerning motor vehicles; relating to vehicle identification number inspection fees; amending K.S.A. 2010 Supp. 8-116a and repealing the existing section, by Committee on Transportation. HB 2094, AN ACT concerning public health; relating to exemptions from the administration of vaccinations; amending K.S.A. 72-5209 and K.S.A. 2010 Supp. 65-508 and repealing the existing sections, by Committee on Health and Human Services.
HB 2095, AN ACT concerning school districts; enacting the school sports head injury prevention act, by Committee on Health and Human Services. HB 2096, AN ACT concerning water; providing for a coordinated water data repository system; granting preservation easement authority to the Kansas water office; including drinking water costs in water plan storage rates; amending K.S.A. 82a-910 and K.S.A. 2010 Supp. 2-1915, 82a-1308a, 82a-1602, 82a-1603, 82a-1604, 82a-1605 and 82a-1606 and repealing the existing sections, by Committee on Vision 2020. HB 2097, AN ACT concerning the agricultural ethyl alcohol producer incentive fund; relating to extension; amending K.S.A. 2010 Supp. 7934,164 and repealing the existing section, by Committee on Energy and Utilities. HB 2098, AN ACT concerning controlled substances; relating to methamphetamine precursors; amending K.S.A. 65-4109 and 65-4123 and K.S.A. 2010 Supp. 65-4113 and repealing the existing sections; also repealing K.S.A. 2010 Supp. 65-16,101, 65-16,102, 65-16,103, 65-16,104, 6516,105, 65-16,106, 65-16,107 and 65-16,108, by Committee on Corrections and Juvenile Justice. HB 2099, AN ACT concerning agriculture; establishing a Kansas goat council, by Committee on Agriculture and Natural Resources. HB 2100, AN ACT concerning school districts; relating to supplemental general state aid; relating to consolidated or disorganized school districts; amending K.S.A. 2010 Supp. 72-6434b and repealing the existing section, by Committee on Education. HB 2101, AN ACT concerning the courts; relating to the court of appeals; appointment of judges; amending K.S.A. 20-3006 and and K.S.A. 2010 Supp. 20-3002 and repealing the existing sections; also repealing K.S.A. 20-3004, 20-3005, 20-3007, 20-3008, 20-3009 and 20-3010, by Representatives Kinzer, Collins, Gregory, Huebert, Kelley, Mast, Meigs, OBrien, OHara, Patton, Peck, Rhoades, Rubin, Ryckman, Siegfreid, Suellentrop and B. Wolf. HB 2102, AN ACT concerning certain open records; relating to nondisclosure of certain records; amending K.S.A. 2010 Supp. 45-221 and repealing the existing section, by Committee on Judiciary. HB 2103, AN ACT concerning children in need of care; relating to termination of parental rights; amending K.S.A. 2010 Supp. 38-2269 and repealing the existing section, by Committee on Children and Families. HB 2104, AN ACT concerning mental health information; relating to access by law enforcement officers; amending K.S.A. 2010 Supp. 65-5603 and repealing the existing section, by Committee on Corrections and Juvenile Justice. HB 2105, AN ACT concerning children in need of care; relating to removal of a child from parents custody; amending K.S.A. 2010 Supp. 38-2255 and repealing the existing section; also repealing K.S.A. 2010 Supp. 38-2255a, by Committee on Children and Families. HB 2106, AN ACT concerning trespass and liability; exceptions, by Committee on Federal and State Affairs. HB 2107, AN ACT establishing the community defense act; amending K.S.A. 2010 Supp. 22-3901 and repealing the existing section, by Committee on Federal and State Affairs. HB 2108, AN ACT concerning state government; relating to the transfer of all powers, duties and functions of the adult protective services program of the department of social and rehabilitation services to the office of the attorney general of the state of Kansas, by Committee on Aging and Long Term Care. HB 2109, AN ACT concerning the state conservation commission; relating to the Kansas dam rehabilitation program, by Committee on Agriculture and Natural Resources.

HCR 5005, A concurrent resolution establishing targets for energy development, consumption and costs. HCR 5006, A proposition to amend section 24 of article 2 of the constitution of the state of Kansas, relating to appropriations.
House Resolutions
HR 6007, A resolution relating to assignment of seats of the House of Representatives. HR 6008, A resolution opposing the Environmental Protection Agencys regulatory train wreck.
Senate Bills
SB 39, AN ACT concerning criminal procedure; relating to sex offenders; amending K.S.A. 22-4903 and K.S.A. 2010 Supp. 8-243, 8-255,
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22-4902, 22-4904 and 22-4913 and sections 285 and 299 of chapter 136 of the 2010 Session Laws of Kansas and repealing the existing sections, by Senator Olson. SB 40, AN ACT concerning counties; relating to bidding requirements on certain contracts; amending K.S.A. 2010 Supp. 19-214 and repealing the existing section, by Senator Reitz. SB 41, AN ACT concerning the Kansas private and out-of-state postsecondary educational institution act; relating to fees; amending K.S.A. 2010 Supp. 74-32,181 and repealing the existing section; also repealing K.S.A. 2010 Supp. 74-32,181a, by Committee on Legislative Education Planning. SB 42, AN ACT concerning the Kansas technology enterprise corporation; pertaining to the abolishing thereof; pertaining to the transfer of the powers and duties thereof to the department of commerce and the board of regents; amending K.S.A. 74-5001a, 74-8102, 74-8103, 74-8106, 74-8107, 74-8108, 74-8108a, 74-8109, 74-8110, 74-8111, 74-8316, 74-8317, 74-8318, 74-8319, 74-8401, 75-2935b, 75-3208 and 76-770 and K.S.A. 2010 Supp. 74-520a, 74-5005, 74-50,133, 74-50,151, 74-50,156, 74-8101, 74-8104, 74-8131, 74-8132, 74-8133, 74-8134, 74-8135, 74-8136, 74-99b03, 74-99b04, 74-99b09, 74-99b63, 74-99b66, 74-99c03 and 75-2935 and repealing the existing sections; also repealing K.S.A. 74-5050 and 74-8105, by Committee on Commerce. SB 43, AN ACT concerning certain public officers and employees; relating to the use of unexpended campaign funds; amending K.S.A. 25-4142 and K.S.A. 2010 Supp. 25-4143 and 25-4157a and repealing the existing sections, by Committee on Ethics and Elections. SB 44, AN ACT concerning domestic relations; relating to marital property; amending K.S.A. 23-201 and repealing the existing section, by Committee on Judiciary. SB 45, AN ACT concerning trusts; relating to certification of trust; amending K.S.A. 58a-1013 and repealing the existing section, by Committee on Judiciary. SB 46, AN ACT concerning civil procedure; relating to electronic filing; amending K.S.A. 60-2601 and 60-2601a and repealing the existing sections, by Committee on Judiciary. SB 47, AN ACT concerning the uniform trust code; relating to modification or termination of noncharitable trust by consent; creditor claims against settlor; amending K.S.A. 58a-505 and K.S.A. 2010 Supp. 58a-411 and repealing the existing sections; also repealing K.S.A. 33-101 and 58a818, by Committee on Judiciary. SB 48, AN ACT concerning probate; relating to payment of claims; filing of wills; order in which assets are appropriated; amending K.S.A. 59-103 and 59-1405 and K.S.A. 2010 Supp. 59-618a and repealing the existing sections, by Committee on Judiciary. SB 49, AN ACT concerning retirement and benefits; relating to the Kansas public employees retirement system and systems thereunder; employer and employee contributions; benefits; amending K.S.A. 744915 and 74-4919 and K.S.A. 2010 Supp. 74-4914d, 74-4920, 74-49,205 and 74-49,210 and repealing the existing sections, by Committee on Joint Committee on Pensions, Investments, and Benefits. SB 50, AN ACT concerning emergency communications service; relating to fees, charges, collection and distribution; amending K.S.A. 2010 Supp. 12-5338, 12-5361, 45-221 and 75-5133 and repealing the existing sections; also repealing K.S.A. 12-5303, 12-5305, 12-5306, 12-5307, 125308, 12-5309 and K.S.A. 2010 Supp. 12-5301, 12-5302, 12-5304, 12-5310, 12-5321, 12-5322, 12-5323, 12-5324, 12-5325, 12-5326, 12-5327, 12-5328, 12-5329, 12-5330, 12-5331, 12-5332, 12-5333, 12-5334, 12-5335, 12-5336, 12-5337, 12-5351, 12-5352, 12-5353, 12-5354, 12-5355, 12-5356, 12-5357, 12-5358, 12-5359 and 12-5360, by Committee on Utilities. SB 51, AN ACT concerning school districts; relating to the dispensing of medication, by Senator Faust-Goudeau. SB 52, AN ACT concerning children and minors; relating to grandparents custody of children; amending K.S.A. 2010 Supp. 38-2241 and repealing the existing section, by Committee on Federal and State Affairs. SB 53, AN ACT concerning the Kansas act against discrimination; relating to sexual orientation and gender identity; amending K.S.A. 441001, 44- 1002, 44-1004, 44-1006, 44-1009, 44-1015, 44-1016, 44-1017, 441027 and 44-1030 and K.S.A. 2010 Supp. 44-1005 and repealing the existing sections, by Committee on Federal and State Affairs. SB 54, AN ACT concerning alcoholic beverages; relating to retailers licenses under the Kansas liquor control act; amending K.S.A. 41-304 and 41-713 and K.S.A. 2010 Supp. 41-102, 41-301, 41-303, 41-310, 41-311, 41-313, 41-317, 41-326 and 79-4108 and repealing the existing sections;
also repealing K.S.A. 41-103, 41-308 and 41-711, by Committee on Federal and State Affairs. SB 55, AN ACT concerning crimes and punishment; relating to harassment by telecommunication device; amending section 184 of chapter 136 of the 2010 Session Laws of Kansas and repealing the existing section, by Committee on Judiciary. SB 56, AN ACT concerning crimes and punishment; relating to criminal sodomy; amending section 68 of chapter 136 of the 2010 Session Laws of Kansas and repealing the existing section; also repealing K.S.A. 2010 Supp. 21-3506, by Committee on Judiciary. SB 57, AN ACT concerning school districts; relating to the calculation of the local option budget; amending K.S.A. 2010 Supp. 72-6433d and repealing the existing section, by Committee on Ways and Means. SB 58, AN ACT designating the junction of United States highway 24 and K-7 highway as the Representative Margaret Long interchange, by Committee on Transportation. SB 59, AN ACT concerning taxation; relating to delinquent or unpaid taxes and overpayment of taxes; pertaining to the rate of interest; amending K.S.A. 79-2968 and repealing the existing section, by Assessment and Taxation. SB 60, AN ACT concerning criminal procedure; relating to appeals; amending K.S.A. 22-3601 and repealing the existing section, by Committee on Judiciary. SB 61, AN ACT concerning income taxation; relating to credits; individual development accounts; contribution amounts; amending K.S.A. 2010 Supp. 74-50,208 and repealing the existing section, by Committee on Assessment and Taxation. SB 62, AN ACT concerning civil procedure; relating to the Kansas standard asset seizure and forfeiture act; court costs; amending K.S.A. 2010 Supp. 60-4107 and 60-4109 and repealing the existing sections, by Committee on Judiciary. SB 63, AN ACT concerning crimes and punishment; relating to sexual exploitation of a child; amending section 74 of chapter 136 of the 2010 Session Laws of Kansas and repealing the existing section; also repealing K.S.A. 2010 Supp. 21-3516, by Committee on Judiciary.
Senate Resolutions
SR 1808, A resolution congratulating and commending Senator Janis K. Lee on her years of service in the Kansas legislature. SR 1809, A resolution congratulating KD Country 94.1 KDNS-FM and Z-96.3 KZDY-FM The Lake in Glen Elder-Beloit, Kansas, as 2010 Kansas Association of Broadcasters (KAB) Award Winners for Excellence in radio broadcasting.
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State of Kansas
Notice of Hearing The Kansas Department of Commerce, Division of Rural Development, will conduct a public hearing from 10:30 to 11:30 a.m. Monday, February 21, in Suite 530 of the Curtis State Office Building, 1000 S.W. Jackson, Topeka, on the proposed FFY 2012 Community Development Block Grant Program. The purpose of this hearing is to gain citizen input on the proposed changes to the federally funded CDBG program, as well as take comments on the performance of past administration of this program. No preregistration is required. Anyone needing special accommodations should contact the Kansas Department of Commerce at least five business days in advance of the hearing at (785) 296-3737, fax (785) 296-3776, or TTY 711. Proposed changes listed below will be discussed at the public hearing: 2012 Proposed Housing Changes General changes Allow air conditioning
(continued)
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Hearings
1. We cannot install or fix window unit (because it is not part of the permanent structure). 2. If central air were not already in the home, adding it as part of the rehab would not be allowable. 3. If central air exists, we can include as part of the rehabilitation. Application changes Target area must be under 200 homes, no matter the size of the city. You are not required to code every home in the target area. Required to have qualified pre-applications for each proposed home. Map and housing log must identify proposed home and code that home. Housing Point System Project Strategy: 40 Past Effort: 15 Housing Log/Target Area 15 Readiness 15 Past Performance 15 Sub-Total 100 Site Visit 25 Total 125 Strategy what we have now. Past Effort What has the city done in the past to improve city? This is where we would focus on how proactive they are in saving their town and assisting citizens. Housing Log/Target Area How realistic is it that project will be completed? Are homes acceptable size? Can we rehabilitate for 20,000? Does households income qualify? How large is target area? Still want some impact, if possible. Readiness How many renovation firms are ready to work and have proper lead certifications? What is the commitment of the City Council/Commission? What permitting requirements are in place that will discourage contractors to participate? Past Performance This is tracking of administrators, inspectors and city. Maybe a chart for inspectors, and administrators that documents what they did in last 5 years and close dates. 2012 Proposed Economic Development Changes 1. Switch from 12 monthly application rounds to an open window process running from January 1 to December 10. 2. Infrastructure Repayment RetailReduce from 100 percent of grant over 10 years at 0 percent to 50 percent of grant over 10 years at 0 percent. 3. Infrastructure Repayment Non-RetailReduce from 50 percent of grant over 10 years at 2 percent to 25 percent of grant over 10 years at 0 percent. 4. Allow two companies to participate in an infrastructure application. The payback through a special assessment would be shared by the two companies in the same proportion as the pledged jobs. Pat George Acting Secretary of Commerce
Doc. No. 039089

Notice of Hearing on Proposed Administrative Regulations A public hearing will be conducted at 10 a.m. Wednesday, April 13, in Room 106 of the Landon State Office Building, 900 S.W. Jackson, Topeka, to consider the adoption of proposed changes in existing rules and regulations. This 60-day notice of the public hearing shall constitute a public comment period for the purpose of receiving written public comments on the proposed rules and regulations. All interested parties may submit written comments prior to the hearing to the manager of technician services, Board of Emergency Medical Services, Room 1031, Landon State Office Building, 900 S.W. Jackson, Topeka, 66612. All interested parties will be given a reasonable opportunity to present their views orally on the adoption of the proposed regulations during the hearing. In order to give all parties an opportunity to present their views, it may be necessary to request that each participant limit any oral presentations to five minutes. Any individual with a disability may request accommodation in order to participate in the public hearing and may request the proposed regulations and economic impact statements in an accessible format. Requests for accommodation should be made at least five working days in advance of the hearing by contacting Ann Stevenson at (785) 296-7296. Handicapped parking is located in front of and to the north of the Landon State Office Building. These regulations are proposed for adoption on a permanent basis. A summary of proposed regulations and their economic impact follows: K.A.R. 109-1-1a. Definitions. This regulation is a new regulation comprised of the definitions for sponsoring organization and teach that are not currently included as part of K.A.R. 109-1-1 and are necessary to support the language included in newly developed regulations or revised regulations that are being submitted at this time. K.A.R. 109-5-1. Continuing education. This regulation contains the core requirements for approval of continuing education. All regulatory language relative to specific certification levels has been separated into other regulations. This will allow future regulatory changes to be made specific to core requirements or a certification level without impacting other levels. K.A.R. 109-5-1a, First responder and emergency medical responder (EMR) continuing education, is a new regulation that is comprised of language originally contained in K.A.R. 109-5-1 specific to first responder continuing education and the new language necessary to support emergency medical responder continuing education. First responder language will be removed following transition of all currently certified first responders to the emergency medical responder criteria. K.A.R. 109-5-1b, Emergency medical technician (EMT) continuing education, is a new regulation that is comprised of language originally contained in K.A.R. 109-5-1 specific to emergency medical technician continuing education and the new language necessary to sup-
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port the new emergency medical continuing education. Transition language will be removed following transition of all currently certified emergency medical technicians to the new emergency medical technician criteria. K.A.R. 109-5-1d, Mobile intensive care technician (MICT) and paramedic continuing education, is a new regulation that is comprised of language originally contained in K.A.R. 109-5-1 specific to mobile intensive care technician continuing education and the new language necessary to support paramedic continuing education. Mobile intensive care technician language will be removed following transition of all currently certified mobile intensive care technicians to the paramedic criteria. K.A.R. 109-5-1e, Instructor-coordinator (I-C) continuing education, is a new regulation that is comprised of language originally contained in K.A.R. 109-5-1 specific to instructor-coordinator continuing education. K.A.R. 109-5-1f, Training officer continuing education, is a new regulation that is comprised of language originally contained in K.A.R. 109-5-1 specific to training officer continuing education. K.A.R. 109-5-7a, Emergency medical responder (EMR) transition course approval, is a new regulation to support the requirement of completion of a transition course for first responders certified under the old scope of practice to transition to emergency medical responder certification under the new scope of practice. K.A.R. 109-5-7b, Emergency medical technician (EMT) transition course approval, is a new regulation to support the requirement of completion of a transition course for emergency medical technicians certified under the old scope of practice to transition to emergency medical technician certification under the new scope of practice. K.A.R. 109-5-7d, EMR and EMT train the trainer transition course approval, is a new regulation to support the requirement of completion of a train the trainer course for those training officers and instructor-coordinators that will be providing transition courses to EMRs and EMTs. K.A.R. 109-8-1, Examination, is a revision of the current regulation. This regulatory revision is necessary to include the levels of certification that are being implemented under the new scopes of practice identified in K.S.A. 65-6112, K.S.A. 65-6119, K.S.A. 65-6120, K.S.A. 656121, K.S.A. 65-6123, and K.S.A. 65-6144. Regulatory changes also include changing the examination for certification for instructor-coordinators and training officers to the final course examination and identifying the national registry of emergency medical technicians: advanced emergency medical technician examination process as the process to be used for initial certification of advanced emergency medical technicians in the State of Kansas. K.A.R. 109-10-1a, Approved emergency medical responder education standards, is a new regulation that is comprised of language originally contained in K.A.R. 109-10-1 specific to first responder curricula and the new language necessary to support emergency medical responder education standards. K.A.R. 109-10-1b, Approved emergency medical technician education standards, is a new regulation that is
comprised of language originally contained in K.A.R. 109-10-1 specific to emergency medical technician curricula and the new language necessary to support emergency medical technician education standards. K.A.R. 109-10-1d, Approved paramedic education standards, is a new regulation that is comprised of language originally contained in K.A.R. 109-10-1 specific to mobile intensive care technician curricula and the new language necessary to support paramedic education standards. K.A.R. 109-10-1e, Approved instructor-coordinator standards, is a new regulation that is comprised of language originally contained in K.A.R. 109-10-1 specific to instructor-coordinator curricula and the new language necessary to support new instructor-coordinator education standards. K.A.R. 109-10-1f, Approved training officer I education standards, is a new regulation that is comprised of language originally contained in K.A.R. 109-10-1 specific to training officer I. K.A.R. 109-10-1g, Approved training officer II education standards, is a new regulation that is comprised of language originally contained in K.A.R. 109-10-1 specific to training officer II and new language necessary to support training officer II education standards. K.A.R. 109-10-6, Required training equipment and supplies, is a revision of the current regulation. This regulation contains language that identifies the equipment and supply requirement to facilitate the teaching of all psychomotor skills for conducting initial courses of instruction. These changes move the requirement from a prescriptive list of required equipment and supplies to a generic description of equipment and supplies that must be available. K.A.R. 109-11-1a, Emergency medical responder course approval, is a new regulation that is comprised of language contained in K.A.R. 109-11-1 with the title changed to emergency medical responder. K.A.R. 109-111 will be revoked after completion of the transition. K.A.R. 109-11-3a, Emergency medical technician course approval, is a new regulation that is comprised of language contained in K.A.R. 109-11-3 for the old scope of practice certification level with the language necessary to implement the new scope of practice. K.A.R. 109-11-3 will be revoked after completion of the transition. K.A.R. 109-11-6a, Paramedic course approval, is a new regulation that is comprised of language contained in K.A.R. 109-11-6 with the title changed to paramedic. K.A.R. 109-11-6 will be revoked after completion of the transition. Copies of the regulations and the economic impact statements may be obtained from the Kansas Board of Emergency Medical Services at the address above, (785) 296-7296, or can be accessed at www.ksbems.org. Steven Sutton Interim Executive Director
Doc. No. 039106
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State of Kansas
Kansas Register
Hearings
Copies of the regulations and their economic impact statements may be obtained by contacting Leslie Garner at the contact information above or from the departments Web site at http://www.ksda.gov. Dale A. Rodman Acting Secretary of Agriculture
Doc. No. 039098
A public hearing will be conducted at 10 a.m. Tuesday, April 5, in the fourth floor training room of the Kansas Department of Agriculture, 109 S.W. 9th, Topeka, to consider the adoption of proposed regulations. This 60-day notice of the public hearing shall constitute a public comment period for the purpose of receiving written public comments on the proposed rules and regulations. All interested parties may submit written comments prior to the hearing to the Secretary of Agriculture, 109 S.W. 9th, 4th Floor, Topeka, 66612, or by e-mail at leslie.garner@kda.ks.gov. Comments also may be made through the departments Web site at http:// www.ksda.gov, under the proposed regulation. All interested parties will be given a reasonable opportunity to present their views orally on the adoption of the proposed regulations during the hearing. In order to give all parties an opportunity to present their views, it may be necessary to request that each participant limit any oral presentation to five minutes. These regulations are proposed for adoption on a permanent basis. A summary of the proposed regulations and their economic impact follows: K.A.R. 4-3-47 currently adopts by reference certain portions of the 2007 official publication of the American Feed Control Officials, Incorporated. The proposed permanent regulation updates and adopts portions of the 2010 official publication. In addition, it adopts by reference Good Manufacturing Practices (GMPs) for nonmedicated feed manufacturers contained in the same publication. K.A.R. 4-3-48 is no longer needed and is being revoked. K.A.R. 4-3-49 currently adopts by reference certain sections of 21 CFR Parts 225 and 226, revised on April 1, 2006. The proposed permanent regulation updates and adopts those provisions from the April 1, 2010 revision. K.A.R. 4-3-50 currently defines certain terms used in K.A.R. 4-3-49. The proposed permanent regulation further clarifies those terms. K.A.R. 4-3-51 currently adopts by reference certain sections of 21 CFR Part 589, revised on April 1, 2006. Those sections pertain to commercial feed and prohibited materials. The proposed regulation clarifies, updates and adopts those sections as revised on April 1, 2010. Economic Impact Statement: There is no direct or indirect costs anticipated. Any individual with a disability may request accommodation in order to participate in the public hearing and may request the proposed regulations and impact statements in an accessible format. Requests for accommodation should be made at least five working days in advance of the hearing by contacting Leslie Garner at (785) 2964623 or fax (785) 368-6668. Handicapped parking is located at the southwest corner of 9th and Kansas Ave., and the north entrance to the building is accessible to individuals with disabilities.
State of Kansas

Notice of Hearing on Proposed Administrative Regulations A public hearing will be conducted by the Wildlife and Parks Commission at 7 p.m. Thursday, March 10, at the KDWP Region 2 Office, 300 S.W. Wanamaker Road, Topeka, to consider the approval and adoption of proposed regulations of the Kansas Department of Wildlife and Parks. A general discussion and workshop meeting on business of the Wildlife and Parks Commission will begin at 1:30 p.m. March 10 at the location listed above. The meeting will recess at 5:30 p.m., then resume at 7 p.m. at the same location for more business and the regulatory hearing. There will be public comment periods at the beginning of the afternoon and evening meetings for any issues not on the agenda, and additional comment periods will be available during the meeting on agenda items. Old and new business also may be discussed at this time. If necessary to complete business matters, the commission will reconvene at 9 a.m. March 11 at the same location. Any individual with a disability may request accommodation in order to participate in the public meeting and may request the meeting materials in an accessible format. Requests for accommodation should be made at least five working days in advance of the meeting by contacting Sheila Kemmis, commission secretary, at (620) 672-5911. Persons with a hearing impairment may call the Kansas Commission for the Deaf and Hard of Hearing at (800) 432-0698 to request special accommodations. This 30-day notice period prior to the hearing constitutes a public comment period for the purpose of receiving written public comments on the proposed administrative regulations. All interested parties may submit written comments prior to the hearing to the chairman of the commission, Kansas Department of Wildlife and Parks, 1020 S. Kansas Ave., Suite 200, Topeka, 66612, or to sheilak@wp.state.ks.us if electronically. All interested parties will be given a reasonable opportunity at the hearing to express their views orally in regard to the adoption of the proposed regulations. During the hearing, all written and oral comments submitted by interested parties will be considered by the commission as a basis for approving, amending and approving, or rejecting the proposed regulations. In addition to the previously published regulations, the regulation that will be heard during the regulatory hearing portion of the meeting is as follows: K.A.R. 115-25-9. This exempt regulation establishes the open season, bag limit and permits for deer. The pro-
Hearing/Requests for Comments
Kansas Register
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posed version differs from the previous version only in adjusting the season dates for the calendar. Economic Impact Summary: The proposed amendments are not anticipated to have any appreciable negative economic impact on the department, other agencies, small businesses or the public. Copies of the complete text of the regulations and their respective economic impact statements may be obtained by writing the chairman of the commission at the address above, electronically on the departments Web site at www.kdwp.state.ks.us, or by calling (785) 296-2281. Kelly Johnston Chairman
Doc. No. 039084
State of Kansas

Request for Comments The Kansas Department of Health and Environment is soliciting comments regarding a proposed air quality operating permit. KBK Industries, LLC has applied for a Class I operating permit renewal in accordance with the provisions of K.A.R. 28-19-510 et seq. The purpose of a Class I permit is to identify the sources and types of regulated air pollutants emitted from the facility; the emission limitations, standards and requirements applicable to each source; and the monitoring, record keeping and reporting requirements applicable to each source as of the effective date of permit issuance. KBK Industries, LLC, Route 2, Box 3, Rush Center, 67575, owns and operates a fiberglass manufacturing facility located at 1980 Highway 183, Rush Center. A copy of the proposed permit, permit application, all supporting documentation and all information relied upon during the permit application review process is available for a 30-day public review during normal business hours at the KDHE, Bureau of Air, 1000 S.W. Jackson, Suite 310, Topeka; and a copy of the proposed permit can be reviewed at the KDHE Northwest District Office, 2310 E. 13th, Hays. To obtain or review the proposed permit and supporting documentation, contact Ashley Eichman, (785) 296-1713, at the KDHE central office; and to review the proposed permit only, contact Shelly Briley, (785) 625-5663, at the KDHE Northwest District Office. The standard departmental cost will be assessed for any copies requested. Direct written comments or questions regarding the proposed permit to Ashley Eichman, KDHE, Bureau of Air, 1000 S.W. Jackson, Suite 310, Topeka, 66612-1366. In order to be considered in formulating a final permit decision, written comments must be received before the close of business March 7. A person may request a public hearing be held on the proposed permit. The request for a public hearing shall be in writing and set forth the basis for the request. The written request must be submitted to Sharon Burrell, Bureau of Air, not later than the close of business March 7 in order for the Secretary of Health and Environment to consider the request.
The U.S. Environmental Protection Agency has a 45day review period, which will start concurrently with the 30-day public comment period, within which to object to the proposed permit. If the EPA has not objected in writing to the issuance of the permit within the 45-day review period, any person may petition the administrator of the EPA to review the permit. The 60-day public petition period will directly follow the EPAs 45-day review period. Interested parties may contact KDHE to determine if the EPAs 45-day review period has been waived. Any such petition shall be based only on objections to the permit that were raised with reasonable specificity during the public comment period provided for in this notice, unless the petitioner demonstrates that it was impracticable to raise such objections within such period, or unless the grounds for such objection arose after such period. Contact Patricia Scott, U.S. EPA, Region VII, Air Permitting and Compliance Branch, 901 N. 5th St., Kansas City, KS 66101, (913) 551-7312, to determine when the 45day EPA review period ends and the 60-day petition period commences. Robert P. Moser, M.D. Acting Secretary of Health and Environment
Doc. No. 039092
State of Kansas

Request for Comments The Kansas Department of Health and Environment is soliciting comments regarding a proposed air quality operating permit. Vestcom New Century has applied for a Class I operating permit in accordance with the provisions of K.A.R. 28-19-510 et seq. The purpose of a Class I permit is to identify the sources and types of regulated air pollutants emitted from the facility; the emission limitations, standards and requirements applicable to each source; and the monitoring, record keeping and reporting requirements applicable to each source as of the effective date of permit issuance. Vestcom New Century, 7304 Kanis Road, Little Rock, AR 72207, owns and operates a commercial printing operation located at 301 Gardner Drive, New Century, KS 66031. A copy of the proposed permit, permit application, all supporting documentation and all information relied upon during the permit application review process is available for a 30-day public review during normal business hours at the KDHE, Bureau of Air, 1000 S.W. Jackson, Suite 310, Topeka; and a copy of the proposed permit can be reviewed at the Johnson County Environmental Department, 11811 S. Sunset, Suite 2700, Olathe. To obtain or review the proposed permit and supporting documentation, contact Ashley Eichman, (785) 296-1713, at the KDHE central office; and to review the proposed permit only, contact Mike Boothe at the Johnson County Environmental Department. The standard departmental cost will be assessed for any copies requested.
(continued)
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Requests for Comments/Notice
Direct written comments or questions regarding the proposed permit to Ashley Eichman, KDHE, Bureau of Air, 1000 S.W. Jackson, Suite 310, Topeka, 66612-1366. In order to be considered in formulating a final permit decision, written comments must be received before the close of business March 7. A person may request a public hearing be held on the proposed permit. The request for a public hearing shall be in writing and set forth the basis for the request. The written request must be submitted to Sharon Burrell, Bureau of Air, not later than the close of business March 7 in order for the Secretary of Health and Environment to consider the request. The U.S. Environmental Protection Agency has a 45day review period, which will start concurrently with the 30-day public comment period, within which to object to the proposed permit. If the EPA has not objected in writing to the issuance of the permit within the 45-day review period, any person may petition the administrator of the EPA to review the permit. The 60-day public petition period will directly follow the EPAs 45-day review period. Interested parties may contact KDHE to determine if the EPAs 45-day review period has been waived. Any such petition shall be based only on objections to the permit that were raised with reasonable specificity during the public comment period provided for in this notice, unless the petitioner demonstrates that it was impracticable to raise such objections within such period, or unless the grounds for such objection arose after such period. Contact Patricia Scott, U.S. EPA, Region VII, Air Permitting and Compliance Branch, 901 N. 5th St., Kansas City, KS 66101, (913) 551-7312, to determine when the 45day EPA review period ends and the 60-day petition period commences. Robert P. Moser, M.D. Acting Secretary of Health and Environment
Doc. No. 039097
mit and all information regarding this permit action, is available for public review February 4-March 7, during normal business hours Monday through Friday, at the following locations: Kansas Department of Health and Environment Bureau of Waste Management 1000 S.W. Jackson, Suite 320 Topeka, 66612 Contact: Shelley Schupp (785) 296-6561 Manhattan Public Library Reference Desk, 2nd Floor 629 Poyntz Ave. Manhattan, 66502 (785) 776-4741 Anyone wishing to comment on the permit application or draft permit information should submit written statements postmarked not later than March 7 to Shelley Schupp (KDHE). After consideration of all comments received, the director of the Division of Environment will make a final decision on whether to issue the permit. Notice of the decision will be given to anyone who submitted written comments during the comment period and to those who requested notice of the final permit decision. Robert P. Moser, M.D. Acting Secretary of Health and Environment
Doc. No. 039104
State of Kansas

Notice Concerning Kansas/Federal Water Pollution Control Permits and Applications In accordance with Kansas Administrative Regulations 28-16-57 through 63, 28-18-1 through 15, 28-18a-1 through 32, 28-16-150 through 154, 28-46-7, and the authority vested with the state by the administrator of the U.S. Environmental Protection Agency, various draft water pollution control documents (permits, notices to revoke and reissue, notices to terminate) have been prepared and/or permit applications have been received for discharges to waters of the United States and the state of Kansas for the class of discharges described below. The proposed actions concerning the draft documents are based on staff review, applying the appropriate standards, regulations and effluent limitations of the state of Kansas and the Environmental Protection Agency. The final action will result in a Federal National Pollutant Discharge Elimination System Authorization and/or a Kansas Water Pollution Control permit being issued, subject to certain conditions, revocation and reissuance of the designated permit or termination of the designated permit.
State of Kansas

Request for Comments The Kansas Department of Health and Environment has reviewed an application from Howies Enterprises, Inc. to operate a solid waste processing facility. The property, located at 625 S. 10th St., Manhattan, is approximately 2 acres and is used as a recycling facility. An approximate 40 ft. by 60 ft. concrete area has been set aside for separating recyclables from construction/demolition waste. The construction/demolition waste is then properly disposed off-site. The processing and sorting of the construction/demolition waste requires a solid waste processing facility permit from KDHE. KDHE has reviewed the application and found it to be in conformance with state solid waste statutes and regulations. KDHE is providing public notice of its intent to issue a permit (Permit No. 0912) to Howies Enterprises, Inc. for the proposed solid waste processing facility. A copy of the administrative record, which includes the draft per Kansas Secretary of State 2011
Notice
Kansas Register
91
Name and Address of Applicant Skyview Farm Creamery Rod William Noffke 22722 E. 800 Road Pleasanton, KS 66075 Legal Description SE/4 of Section 08, T22S, R25E, Linn County Receiving Water Marais des Cygnes River Basin
less, for a total of 750 head (500 animal units). There is no change in the permitted animal units from the previous permit cycle. Name and Address Legal Receiving of Applicant Description Water Mark Grollmes SE/4 of Section 35, Kansas River Basin 1751 1st Road T05S, R13E, Circleville, KS 66416 Nemaha County Kansas Permit No. A-KSNM-S021 This permit is being reissued for an existing facility with a maximum capacity of 55 head (22 animal units) of swine more than 55 pounds, 240 head (24 animal units) of swine 55 pounds or less and 40 head (20 animal units) of cattle 700 pounds or less, for a total of 335 head (66 animal units) of swine and cattle. There is no change in the permitted animal units from the previous permit. Name and Address Legal Receiving of Applicant Description Water Tyson Fresh Meats, Inc. SW/4 of Section 30, Missouri River (Seneca Station) T02S, R12E, Basin P.O. Box 26 Nemaha County Washington, KS 66968 Kansas Permit No. A-MONM-S037 This existing facility has a maximum capacity of 400 head (160 animal units) of swine more than 55 pounds. There is no change in the permitted animal units from the previous permit.
Kansas Permit No. A-MCLN-M008 This is a permit for a new cattle and goat dairy and a new home based cheese manufacturing plant. The facility will have 30 head of mature dairy cattle (42 animal units), 40 head of milk goats (4 animal units), 5 head of immature cattle (2.5 animal units), 8 head of swine weighing more than 55 pounds (3.2 animal units) and 8 head of swine weighing 55 pounds or less (0.8 animal units), for a total of 52.5 animal units. Name and Address of Applicant Elmer Kolle & Sons 1641 10th Road Linn, KS 66953 Legal Description Receiving Water
SW/4 of Section 10, Big Blue River T04S, R03E, Basin Washington County
Kansas Permit No. A-BBWS-B016 This permit is being reissued for an existing facility with the capacity for 100 head (100 animal units) of cattle weighing more than 700 pounds and 300 head (150 animal units) of cattle weighing less than 700 pounds, for a total of 400 head (250 animal units) of cattle. This represents a modification from the previous permit to convert the facility from swine to cattle. The former swine operation at this site has been removed from service. Name and Address of Applicant Nelson Poultry Farms Inc. Diamond Hill Greg Nelson 8530 E. Hwy. 24 Manhattan, KS 66501 Legal Description SW/4 of Section 29, T09S, R09E, Pottawatomie County Receiving Water Kansas River Basin
Kansas Permit No. KSPT-P004
Federal Permit No. KS0094498
This is a reissuance of a permit for an existing poultry facility and includes reapproval of construction plans for one additional poultry building. The maximum capacity without the one addition is 350,000 pullets (2,800 animal units). The maximum capacity with the addition is 700,000 pullets (5,600 animal units). The permitted capacity has changed from 600,000 to 700,000 due to more pullets being confined in each building. Name and Address of Applicant Legal Description Receiving Water
Circle 4 Feeders Inc. SW/4 of Section Lower Republican Monty Dahl 17,T01S, R05W, River Basin 2095 #10 Road Republic County Courtland, KS 66939 Kansas Permit No. A-LRRP-C002 Federal Permit No. KS0097969 This permit is being reissued for an existing facility for 3,000 head (3,000 animal units) of cattle weighing more than 700 pounds. There is no change in the permitted animal units from the previous permit. An approved Nutrient Management Plan for the facility is on file with KDHE. Name and Address Legal Receiving of Applicant Description Water Kenner Swenson N/2 of Section 31, Smoky Hill River Box 174 T16S, R02W, Saline Basin Assaria, KS 67416 County Kansas Permit No. A-SHSA-B007 This existing permit is being reissued for an existing facility with a maximum capacity of 250 head (250 animal units) of cattle more than 700 pounds and 500 head (250 animal units) of cattle 700 pounds or
Persons wishing to comment on the draft documents and/or permit applications must submit their comments in writing to the Kansas Department of Health and Environment if they wish to have the comments considered in the decision-making process. Comments should be submitted to the attention of the Livestock Waste Management Section for agricultural-related draft documents or applications, or to the Technical Services Section for all other permits, at the Kansas Department of Health and Environment, Division of Environment, Bureau of Water, 1000 S.W. Jackson, Suite 420, Topeka, 66612-1367. All comments regarding the draft documents or application notices received on or before March 5 will be considered in the formulation of the final determinations regarding this public notice. Please refer to the appropriate Kansas document number (KS-AG-11-021-027) and name of the applicant/permittee when preparing comments. After review of any comments received during the public notice period, the Secretary of Health and Environment will issue a determination regarding final agency action on each draft document/application. If response to any draft document/application indicates significant public interest, a public hearing may be held in conformance with K.A.R. 28-16-61 (28-46-21 for UIC). All draft documents/applications and the supporting information including any comments received are on file and may be inspected at the offices of the Kansas Department of Health and Environment, Bureau of Water. These documents are available upon request at the copying cost assessed by KDHE. Application information and components of plans and specifications for all new and expanding swine facilities are available on the Internet at http://www.kdheks.gov/feedlots. Division of Environment offices are open from 8 a.m. to 5 p.m. Monday through Friday, excluding holidays. Robert P. Moser, M.D. Acting Secretary of Health and Environment
Doc. No. 039105
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State of Kansas
Kansas Register
State of Kansas
Regulations
Governmental Ethics Commission

Permanent Administrative Regulations Article 22.CONTRIBUTIONS AND OTHER RECEIPTS 19-22-1. Contributions. (a) General. None of the following shall constitute a contribution if the transaction is made in the ordinary course of business or complies with common trade practices and the transaction does not have as its purpose the nomination, election, or defeat of a clearly identified candidate for state office: (1) A transfer of goods and services; (2) the forgiving of a debt; or (3) the rendering of a discount. The carryover of funds or inventory by a candidate, candidate committee, party committee, or political committee from one election period to another shall not constitute a contribution. (b) Candidate contributions. The transfer of a candidates personal funds to the candidates treasurer for use by the treasurer in the candidates campaign shall constitute a contribution made by the candidate. (c) In-kind contributions. An in-kind contribution shall constitute a contribution. Those transactions that are excluded from the definition of in-kind contribution shall also be excluded from the definition of contribution. (Authorized by K.S.A. 2009 Supp. 25-4119a; implementing K.S.A. 2009 Supp. 25-4143 (e)(1); effective, E-76-56, Nov. 26, 1975; effective, E-77-20, May 1, 1976; effective Feb. 15, 1977; effective May 1, 1980; amended Feb. 18, 2011.) Article 23.EXPENDITURES AND OTHER DISBURSEMENTS 19-23-1. Expenditures. Costs associated with attending informational meetings of the commission or otherwise obtaining information from the commission shall not constitute expenditures. Costs associated with defending actions brought pursuant to the act shall not constitute expenditures. Costs associated with employing accountants, attorneys, or other persons for advice concerning the requirements of the act or for keeping accounts and records shall constitute expenditures. (Authorized by K.S.A. 2009 Supp. 25-4119a; implementing K.S.A. 2009 Supp. 25-4143 (g)(1); effective, E-76-56, Nov. 26, 1975; effective, E-77-20, May 1, 1976; amended, E-7747, Sept. 30, 1976; effective Feb. 15, 1977; amended May 1, 1980; amended Feb. 18, 2011.) Article 30.CONTRIBUTION LIMITATIONS 19-30-4. (Authorized by K.S.A. 1991 Supp. 254119a; implementing K.S.A. 25-4153; effective, E-77-20, May 1, 1976; amended, E-77-47, Sept. 30, 1976; effective Feb. 15, 1977; amended May 1, 1980; amended May 1, 1982; amended June 22, 1992; revoked Feb. 18, 2011.) Carol Williams Executive Director
Doc. No. 039108
Real Estate Appraisal Board

Permanent Administrative Regulations Article 7.FEES 117-7-1. Fees. The following fees shall be submitted to the board. (a) For application for certification or licensure, the fee shall be $50. (b) For original certification or licensure, the fee shall be $275. (c) For renewal of a certificate or license, the fee shall be $275. (d) For late renewal of a certificate or license, the fee shall be the amount specified in subsection (c) and an additional $50. (e) Except as provided in subsection (h), for approval of a course of instruction to meet any portion of the education requirements of K.A.R. 117-2-1, 117-3-1, or 117-41, the fee shall be $100. (f) Except as provided in subsection (h), for approval of a course of instruction to meet the continuing education requirements of K.A.R. 117-6-1, the fee shall be $50. (g) Except as provided in subsection (h), for renewal of any course of instruction, the fee shall be $25. (h) For approval or renewal of any course of instruction that is endorsed by the appraiser qualifications board, the fee shall be $10. (i) For reinstatement of an inactive certificate or license, the fee shall be $50. (Authorized by and implementing K.S.A. 2009 Supp. 58-4107; effective Jan. 21, 1991; amended, T-117-6-10-91, June 10, 1991; amended Aug. 5, 1991; amended, T-117-4-22-92, April 22, 1992; amended June 22, 1992; amended Feb. 6, 1995; amended Jan. 28, 2000; amended June 15, 2001; amended Feb. 4, 2005; amended Jan. 18, 2008; amended April 17, 2009; amended Feb. 18, 2011.) Sally Pritchett Executive Director
Doc. No. 039103
State of Kansas
Kansas Health Policy Authority

Permanent Administrative Regulations Article 10.ADULT CARE HOME PROGRAM 129-10-31. Responsibilities of, assessment of, and disbursements for the nursing facility quality care assessment program. (a) In addition to the terms defined in L. 2010, ch. 159, sec. 1 and amendments thereto, the following terms shall have the meanings specified in this subsection, unless the context requires otherwise. (1) Agent has the meaning specified in L. 2010, ch. 159, sec. 1 and amendments thereto. (2) Authority has the meaning specified in L. 2010, ch. 159, sec. 1 and amendments thereto. (3) High medicaid volume skilled nursing care facility means any facility that provided more than 25,000 days of nursing facility care to medicaid recipients during the most recent calendar year cost reporting period.
Regulations/Index
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(4) Kansas homes and services for the aging, as used in L. 2010, ch. 159, sec. 1 and amendments thereto, means the Kansas association of homes and services for the aging. (5) Nursing facility quality care assessment program means the determination, imposition, assessment, collection, and management of an annual assessment imposed on each licensed bed in a skilled nursing care facility required by L. 2010, ch. 159, sec. 1 and amendments thereto. (6) Skilled nursing care facility that is part of a continuing care retirement facility means a provider who is certified as such by the Kansas insurance department before the start of the states fiscal year in which the assessment process is occurring. (7) Small skilled nursing care facility means any facility with fewer than 46 licensed nursing facility beds. (b) Agreements and arrangements with the Kansas department on aging and other state agencies may be entered into by the authority as needed to operate and manage the nursing facility quality care assessment program. (c) The assessment shall be based on a state fiscal year. An annual assessment for each licensed bed in a skilled
AGENCY 1: DEPARTMENT OF ADMINISTRATION Reg. No. 1-2-64 1-2-65 1-7-3 1-7-4 1-7-6 1-7-7 1-7-10 1-7-11 1-7-12 1-14-8 1-16-8 1-16-15 1-16-18 1-16-18a 1-16-20 1-65-1 1-66-1 1-66-2 1-66-3 1-67-1 1-67-2 1-67-3 1-68-1 1-68-2 Reg. No. 3-3-1 3-3-1 3-3-2 3-3-2 3-4-1 3-4-2 3-4-4 3-4-5 Action New New Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended New New New New New New New New New Action Amended (T) Amended Amended (T) Amended Amended Amended Amended Amended Register V. 28, p. 1338 V. 28, p. 1338 V. 28, p. 1338 V. 28, p. 1338 V. 28, p. 1339 V. 28, p. 1339 V. 28, p. 1339 V. 28, p. 1340 V. 28, p. 1340 V. 28, p. 1341 V. 29, p. 676 V. 29, p. 677 V. 29, p. 677 V. 29, p. 678 V. 29, p. 680 V. 30, p. 44 V. 30, p. 44 V. 30, p. 45 V. 30, p. 45 V. 30, p. 45 V. 30, p. 45 V. 30, p. 45 V. 30, p. 45 V. 30, p. 46 Register V. 27, p. 1091 V. 27, p. 1517 V. 29, p. 702 V. 30, p. 9 V. 28, p. 1716 V. 28, p. 1716 V. 28, p. 1716 V. 28, p. 1717 3-4-6 3-4-7 Revoked Amended
nursing care facility shall be imposed and collected by the authority. (1) The assessment amount shall be $250 annually per licensed bed for the following: (A) Each skilled nursing care facility that is part of a continuing care retirement facility; (B) each small skilled nursing care facility; and (C) each high medicaid volume skilled nursing care facility. (2) The assessment amount for all skilled nursing care facilities other than those identified in paragraphs (c)(1)(A) through (C) shall be $1,500 annually per licensed bed. (3) The method of payment for each skilled nursing care facility shall be designated by the authority or its agent. Any skilled nursing care facility may be allowed by the authority or its agent to have an extension to complete the payment of the assessment, but no such extension shall exceed 90 days. (Authorized by and implementing L. 2010, ch. 159, sec. 1; effective Feb. 18, 2011.) Andy Allison Executive Director
Doc. No. 039102
V. 28, p. 1717 V. 28, p. 1717
AGENCY 4: DEPARTMENT OF AGRICULTURE Reg. No. 4-3-47 4-6-1 4-6-2 4-6-3 4-7-213 4-7-716 4-7-900 4-7-901 4-7-902 4-7-903 4-7-904 4-10-1 4-10-1a 4-10-1b 4-10-2a through 4-10-2d 4-10-2e 4-10-2f through 4-10-2k 4-10-4 4-10-4a through 4-10-4f 4-10-5a 4-10-6 4-10-6a 4-10-6b 4-10-7 4-10-10 4-10-15 4-10-16 4-10-17 4-13-1 4-13-2 4-13-3 4-13-9 4-13-11 4-13-13 4-13-14 4-13-16 4-13-17 4-13-18 4-13-20 4-13-21 4-13-22 4-13-23 4-13-24 4-13-25 Action Amended (T) Amended Amended New Amended Amended Amended Revoked Amended Amended Amended Amended New New Revoked Amended Revoked Revoked New Amended Revoked New New Amended New Revoked Amended Revoked Amended Amended Amended Amended Revoked Amended Amended Amended Amended Amended Amended Amended Revoked Amended Amended Amended Register V. 30, p. 25 V. 28, p. 1594 V. 28, p. 1594 V. 27, p. 1741 V. 29, p. 1023 V. 29, p. 1023 V. 27, p. 1022 V. 27, p. 1022 V. 27, p. 1022 V. 27, p. 1023 V. 27, p. 1023 V. 29, p. 254 V. 29, p. 255 V. 29, p. 255 V. 29, p. 255 V. 29, p. 255 V. 29, p. 256 V. 29, p. 256 V. 29, p. 256-258 V. 29, p. 258 V. 29, p. 259 V. 29, p. 259 V. 29, p. 259 V. 29, p. 259 V. 29, p. 260 V. 29, p. 260 V. 29, p. 260 V. 29, p. 261 V. 27, p. 186 V. 29, p. 69 V. 29, p. 69 V. 29, p. 71 V. 27, p. 188 V. 27, p. 188 V. 29, p. 71 V. 29, p. 71 V. 29, p. 72 V. 29, p. 72 V. 29, p. 72 V. 29, p. 72 V. 29, p. 72 V. 29, p. 72 V. 29, p. 72 V. 29, p. 1242
4-13-25b through 4-13-25h 4-13-25i 4-13-25j 4-13-25k 4-13-25l 4-13-25m 4-13-30 4-13-33 4-13-40 4-13-41 4-13-42 4-13-60 4-13-61 4-13-62 4-13-64 4-13-65 4-15-5 4-15-11 4-15-12 4-15-13 4-15-14 4-16-1a 4-16-1c 4-16-7a 4-16-300 4-16-301 4-16-302 4-16-303 4-16-304 4-16-305 4-17-300 4-17-301 4-17-302 4-17-303 4-17-304 4-17-305 4-20-11 4-27-1 through 4-27-22 4-28-1 4-28-2 4-28-5 4-28-8 through 4-28-16 4-28-8 4-28-11 4-28-12 4-28-18 through 4-28-30
Amended Revoked Amended Amended Amended New Amended Amended Amended Revoked Revoked Amended Revoked Amended Amended Amended Amended Amended Revoked Amended Amended Amended Amended Amended Amended Revoked Amended Amended Amended Amended Amended Revoked Amended Amended Amended Amended Amended New Amended Amended Amended New Amended Amended Amended New
V. 29, p. 1243-1245 V. 29, p. 1246 V. 29, p. 1246 V. 29, p. 1246 V. 29, p. 1247 V. 29, p. 1247 V. 29, p. 72 V. 29, p. 73 V. 27, p. 1023 V. 27, p. 1023 V. 27, p. 1023 V. 27, p. 1023 V. 27, p. 1023 V. 29, p. 73 V. 27, p. 1023 V. 27, p. 1024 V. 28, p. 690 V. 27, p. 1024 V. 27, p. 1024 V. 27, p. 1024 V. 27, p. 1024 V. 27, p. 1741 V. 27, p. 1742 V. 27, p. 1024 V. 27, p. 1025 V. 27, p. 1025 V. 27, p. 1025 V. 27, p. 1025 V. 27, p. 1025 V. 27, p. 1025 V. 27, p. 1026 V. 27, p. 1026 V. 27, p. 1026 V. 27, p. 1026 V. 27, p. 1026 V. 27, p. 1027 V. 27, p. 1027 V. 29, p. 706-720 V. 29, p. 720 V. 29, p. 720 V. 27, p. 1742 V. 27, p. 191-195 V. 29, p. 721 V. 29, p. 722 V. 29, p. 722 V. 29, p. 723-725
(continued)
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AGENCY 5: DEPARTMENT OF AGRICULTUREDIVISION OF WATER RESOURCES Reg. No. 5-1-1 5-1-2 5-1-4 5-1-7 5-1-9 5-2-4 5-3-3 5-3-4 5-3-4a 5-3-5d 5-3-16 5-3-23 5-3-23 5-4-1 5-4-1a 5-4-2 5-5-6c 5-5-13 5-5-14 5-6-2 5-6-5 5-7-1 5-7-4 5-9-1a through 5-9-1d 5-14-3 5-14-3a 5-14-10 5-17-2 5-20-1 5-20-2 5-22-7 5-25-5 5-25-15 5-40-24 5-45-1 5-45-4 5-45-19 through 5-45-23 Reg. No. 7-16-1 (T) 7-16-1 7-16-2 7-17-1 7-17-4 7-17-11 7-17-19 7-17-21 7-17-22 7-17-24 7-21-1 7-21-2 7-21-3 7-21-4 7-23-13 7-37-2 7-38-2 7-41-1 through 7-41-7 7-41-8 7-41-9 7-41-10 through 7-41-17 7-41-18 through 7-41-29 7-41-30 7-41-31 7-41-32 7-41-33 7-41-34 7-41-35 7-45-1 7-45-2 Reg. No. 9-7-4 9-7-4 9-27-1 Action Amended Amended Amended Amended Amended New Amended Amended Amended Amended Amended Amended (T) Amended Amended New New New Amended Amended Amended Amended Amended Amended New Amended New Amended Amended New New Amended Amended Amended Amended Amended Amended New Action Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked New Revoked Revoked Revoked Amended Revoked Revoked Amended Revoked Amended Revoked Amended Amended New New New New Action Amended (T) Amended Amended Register V. 27, p. 1549 V. 27, p. 1553 V. 29, p. 652 V. 27, p. 1553 V. 29, p. 653 V. 27, p. 1554 V. 27, p. 1554 V. 27, p. 1555 V. 28, p. 241 V. 27, p. 1555 V. 27, p. 1555 V. 29, p. 1338 V. 29, p. 1598 V. 29, p. 1476 V. 29, p. 1477 V. 27, p. 1556 V. 27, p. 1556 V. 27, p. 1556 V. 27, p. 1557 V. 27, p. 1557 V. 27, p. 1557 V. 29, p. 653 V. 28, p. 1715 V. 27, p. 1557, 1558 V. 28, p. 241 V. 28, p. 242 V. 27, p. 1558 V. 29, p. 654 V. 28, p. 1317 V. 28, p. 1318 V. 29, p. 596 V. 29, p. 1598 V. 29, p. 654 V. 27, p. 1438 V. 27, p. 1439 V. 27, p. 1440 V. 27, p. 1441, 1442 Register V. 29, p. 1115 V. 29, p. 1281 V. 27, p. 1548 V. 27, p. 965 V. 27, p. 966 V. 27, p. 966 V. 27, p. 966 V. 27, p. 966 V. 27, p. 966 V. 27, p. 967 V. 27, p. 967 V. 27, p. 967 V. 27, p. 967 V. 27, p. 967 V. 27, p. 968 V. 27, p. 968 V. 27, p. 968 V. 28, p. 193-195 V. 28, p. 195 V. 28, p. 195 V. 28, p. 195, 196 V. 28, p. 196 V. 28, p. 196 V. 28, p. 196 V. 28, p. 196 V. 28, p. 197 V. 28, p. 197 V. 28, p. 197 V. 27, p. 968 V. 27, p. 968 Register V. 29, p. 703 V. 29, p. 1336 V. 29, p. 1337
Kansas Register
AGENCY 11: STATE CONSERVATION COMMISSION Reg. No. 11-6-1 through 11-6-6 11-12-1 11-12-2 11-12-3 11-12-4 11-12-6 Action Register 22-1-3 22-6-1 22-6-2 22-6-3 22-6-4 22-6-5 22-6-6 22-6-7 22-6-8 22-6-9 22-6-12 22-6-13 22-6-14 22-6-18 through 22-6-27 22-8-13 22-10-3 22-11-6 22-11-8 22-15-7 22-18-3 22-24-3 Reg. No. 26-39-100 through 26-39-105 26-39-100 26-39-101 26-39-105 26-39-144 26-39-243 26-39-278 26-39-427 26-40-301 through 26-40-305 26-41-101 through 26-41-106 26-41-200 through 26-41-207 26-42-101 26-42-102 26-42-104 26-42-105 26-42-200 through 26-42-207 26-43-101 through 26-43-106 26-43-200 through 26-43-207
Amended Amended Revoked Revoked Revoked Amended Revoked Revoked Revoked Amended Amended Revoked Revoked New Amended Amended Revoked Amended Revoked Amended Amended Action V. 30, p. 46 V. 27, p. 1834 V. 27, p. 1834 V. 27, p. 1834 V. 27, p. 1834 V. 27, p. 1834 V. 27, p. 1834 V. 27, p. 1835 V. 27, p. 1835 V. 27, p. 1835 V. 27, p. 1835 V. 27, p. 1835 V. 27, p. 1835 V. 27, p. 1835-1837 V. 30, p. 47 V. 30, p. 47 V. 30, p. 48 V. 30, p. 48 V. 30, p. 49 V. 30, p. 49 V. 28, p. 1367 Register
V. 27, p. 1633, 1634 V. 27, p. 1374 V. 27, p. 1375 V. 27, p. 1376 V. 27, p. 1377 V. 27, p. 1377
AGENCY 28: DEPARTMENT OF HEALTH AND ENVIRONMENT Reg. No. 28-1-20 28-4-92 28-4-92 28-4-117 28-4-120 28-4-121 28-4-122 28-4-311 28-4-312 through 28-4-317 28-4-370 through 28-4-379 28-4-430 28-4-503 28-4-505 28-4-514 28-4-520 28-4-521 28-4-800 through 28-4-825 28-4-1200 through 28-4-1218 28-4-1300 through 28-4-1318 28-16-28g Action Amended Amended (T) Amended Amended Amended New Amended Amended Revoked Revoked Amended Amended Amended Amended New New New New New Amended Register V. 27, p. 989 V. 29, p. 1348 V. 29, p. 1705 V. 27. p. 990 V. 27, p. 990 V. 27, p. 990 V. 27, p. 317 V. 27, p. 317 V. 27, p. 317, 318 V. 29, p. 1024 V. 27, p. 991 V. 29, p. 1662 V. 29, p. 1662 V. 29, p. 1663 V. 29, p. 1663 V. 29, p. 1663 V. 27, p. 318-334 V. 28, p. 1426-1437 V. 29, p. 1024-1032 V. 29, p. 181
V. 29, p. 1813-1815 V. 29, p. 1816 V. 29, p. 1816 V. 29, p. 1816
AGENCY 19: GOVERNMENTAL ETHICS COMMISSION Reg. No. 19-6-1 19-20-4 19-20-5 19-27-2 Reg. No. 22-1-1 22-1-2 Action Amended Amended New Amended Action Amended Amended Register V. 29, p. 112 V. 27, p. 1020 V. 27, p. 1021 V. 27, p. 1021 Register V. 30, p. 46 V. 30, p. 46
28-17-6 28-17-12 28-19-200a 28-19-202 28-19-325 28-19-350 28-19-517 28-19-712 28-19-712a through 28-19-712d 28-19-713 28-19-713a through 28-19-713d 28-19-720 28-19-728 28-19-728a through 28-19-728f 28-19-735 28-19-750 28-19-750a 28-21-1 28-21-6 28-21-7 28-21-8 28-21-9 28-21-10 28-21-11 28-21-20a 28-21-21a 28-21-22a 28-21-23a 28-21-24a 28-21-25a 28-21-26a 28-21-27a 28-21-28a 28-21-29a 28-21-30a 28-21-31a 28-21-32a 28-21-33a 28-21-34a 28-21-35a 28-21-40a 28-21-41a 28-21-42a 28-21-43a 28-21-44a 28-21-50a 28-21-51a 28-21-52a 28-21-53a 28-21-54a 28-21-55a 28-21-56a 28-21-57a 28-21-58a 28-21-59a 28-21-60a 28-21-61a 28-21-62a 28-21-63 28-21-64 28-21-70a 28-21-71a 28-21-72a 28-21-82 through 28-21-85 28-23-4 28-23-9 28-23-10 28-23-16 28-23-20 through 28-23-24 28-23-26 through 28-23-32 28-23-34 through 28-23-36 28-23-41 through 28-23-55 28-23-70 28-23-71 28-23-73 28-23-75 Amended Amended New Amended New Amended Amended New New New New Amended Revoked Revoked Amended Amended Amended Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked V. 28, p. 1809 V. 28, p. 1809 V. 29, p. 1634 V. 29, p. 1509 V. 29, p. 1634 V. 29, p. 1635 V. 29, p. 1510 V. 29, p. 866 V. 29, p. 867 V. 29, p. 867 V. 29, p. 867, 868 V. 29, p. 1510 V. 29, p. 1511 V. 29, p. 1511 V. 29, p. 1511 V. 29, p. 1511 V. 29, p. 1511 V. 29, p. 725 V. 29, p. 725 V. 29, p. 725 V. 29, p. 725 V. 29, p. 725 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. V. V. V. V. 29, 29, 29, 29, 27, p. p. p. p. p. 726 726 726 726 191
Kansas Register
28-23-78 through 28-23-80 28-29-501 28-32-1 28-32-2 28-32-4 28-32-5 28-32-6 28-32-7 28-32-8 through 28-32-14 28-36-30 28-36-31 28-36-33 through 28-36-49 28-36-70 through 28-36-89 28-36-101 through 28-36-109 28-38-18 28-38-19 28-38-21 28-38-22 28-38-23 28-38-29 28-39-145a 28-39-146 28-39-147 28-39-148 28-39-162 28-39-162a 28-39-162b 28-39-162c 28-39-164 through 28-39-168 28-39-240 through 28-39-253 28-39-275 through 28-39-288 28-39-425 through 28-39-436 28-43-1 through 28-43-11 28-45b-1 through 28-45b-28 28-46-1 28-46-2a 28-46-3 through 28-46-22 28-46-27 28-46-28 28-46-29 28-46-29a 28-46-30 28-46-30a 28-46-30b 28-46-31 28-46-33 28-46-34 28-46-35 28-46-40 28-46-41 28-46-44 28-46-45 28-53-1 through 28-53-5 28-59-5 28-61-1 28-61-2 28-61-5 28-61-8 28-61-11 28-70-4 28-72-1 28-72-1a 28-72-1c 28-72-1d 28-72-1e 28-72-1g 28-72-1h Revoked New Revoked Revoked Revoked Revoked Revoked Revoked New Revoked Revoked Revoked Revoked Revoked Amended Amended Amended Amended Amended Amended Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Amended Revoked Revoked Revoked Revoked New Amended Amended Amended Amended Amended Amended New Amended New New Amended Amended Amended Amended Amended Amended Amended New Amended Amended Amended Amended Amended Amended Amended New Revoked New New New New New New V. 29, p. 727 V. 28, p. 1809 V. 27, p. 247 V. 27, p. 247 V. 27, p. 247 V. 27, p. 247 V. 27, p. 247 V. 27, p. 247 V. 27, p. 247-249 V. 29, p. 727 V. 29, p. 727 V. 27, p. 73 V. 29, p. 727 V. 29, p. 727 V. 27, p. 1742 V. 27, p. 1743 V. 27, p. 1743 V. 27, p. 1744 V. 27, p. 1744 V. 27, p. 1745 V. 28, p. 623 V. 28, p. 623 V. 28, p. 623 V. 28, p. 623 V. 29, p. 1777 V. 29, p. 1777 V. 29, p. 1777 V. 29, p. 1777 V. 28, p. 798-800 V. 28, p. 672 V. 28, p. 672 V. 28, p. 672 V. 29, p. 1137 V. 28, p. 973-988 V. 29, p. 1138 V. 29, p. 1138 V. 29, p. 1139-1141 V. 29, p. 1141 V. 29, p. 1141 V. 29, p. 1141 V. 29, p. 1142 V. 29, p. 1142 V. 29, p. 1142 V. 29, p. 1144 V. 29, p. 1144 V. 29, p. 1144 V. 29, p. 1145 V. 29, p. 1145 V. 29, p. 1145 V. 29, p. 1145 V. 29, p. 1145 V. 29, p. 1145 V. 28, p. 240, 241 V. 27, p. 462 V. 29, p. 419 V. 29, p. 419 V. 29, p. 420 V. 29, p. 422 V. 27, p. 464 V. 28, p. 800 V., 29, p. 357 V. 29, p. 357 V. 29, p. 357 V. 29, p. 358 V. 29, p. 358 V. 29, p. 358 V. 29, p. 358 28-72-1i 28-72-1k 28-72-1l 28-72-1m 28-72-1n 28-72-1o 28-72-1p 28-72-1r 28-72-1s 28-72-1t 28-72-1v 28-72-1x 28-72-2 28-72-3 28-72-4 28-72-4a 28-72-4b 28-72-4c 28-72-5 28-72-6 28-72-6a 28-72-7 28-72-7a 28-72-8 28-72-9 28-72-10 28-72-10a 28-72-11 28-72-12 28-72-13 28-72-14 28-72-15 28-72-16 28-72-17 28-72-18 28-72-18a 28-72-18b 28-72-18c 28-72-18d 28-72-18e 28-72-19 28-72-20 28-72-21 28-72-22 28-72-51 28-72-52 28-72-53 28-73-1 New New New New New New New New New New New New Amended Amended Amended Amended Revoked Amended Amended Amended New Amended New Amended Amended Amended New Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended
95
V. 29, p. 359 V. 29, p. 359 V. 29, p. 359 V. 29, p. 360 V. 29, p. 360 V. 29, p. 360 V. 29, p. 360 V. 29, p. 361 V. 29, p. 361 V. 29, p. 361 V. 29, p. 361 V. 29, p. 361 V. 29, p. 361 V. 29, p. 362 V. 29, p. 362 V. 29, p. 366 V. 29, p. 368 V. 29, p. 368 V. 29, p. 369 V. 29, p. 370 V. 29, p. 371 V. 29, p. 373 V. 29, p. 373 V. 29, p. 374 V. 29, p. 375 V. 29, p. 376 V. 29, p. 377 V. 29, p. 378 V. 29, p. 378 V. 29, p. 379 V. 29, p. 379 V. 29, p. 380 V. 29, p. 380 V. 29, p. 381 V. 29, p. 382 V. 29, p. 383 V. 29, p. 384 V. 29, p. 384 V. 29, p. 385 V. 29, p. 386 V. 29, p. 387 V. 29, p. 387 V. 29, p. 387 V. 29, p. 388 V. 29, p. 388 V. 29, p. 389 V. 29, p. 389 V. 28, p. 74
AGENCY 36: DEPARTMENT OF TRANSPORTATION Reg. No. Action Register 36-39-2 Amended (T) V. 29, p. 1090 36-39-2 Amended V. 29, p. 1416 36-39-4 Amended (T) V. 29, p. 1091 36-39-4 Amended V. 29, p. 1416 36-39-6 Amended (T) V. 29, p. 1091 36-39-6 Amended V. 29, p. 1416 36-42-1 through 36-42-9 New V. 29, p. 502-504 AGENCY 40: KANSAS INSURANCE DEPARTMENT Reg. No. 40-1-37 40-1-38 Action Amended Amended Register V. 28, p. 966 V. 28, p. 1593
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40-1-48 40-2-28 40-3-30 40-3-43 40-3-52 40-3-56 40-3-57 40-3-58 40-4-35 40-4-36 40-4-37v 40-4-41 40-4-41a through 40-4-41j 40-4-43 40-7-20a 40-7-26 40-7-27 40-9-23 Amended New Amended Amended New New New New Amended Amended New Amended Revoked New Amended New New New V. 29, p. 1752 V. 28, p. 273 V. 28, p. 112 V. 29, p. 1337 V. 27, p. 133 V. 28, p. 1518 V. 28, p. 1518 V. 28, p. 1518 V. 28, p. 915 V. 28, p. 1252 V. 28, p. 643 V. 27, p. 434 V. 27, p. 434, 435 V. 29, p. 703 V. 28, p. 604 V. 29, p. 1752 V. 29, p. 1753 V. 29, p. 1813
Kansas Register
60-2-104 60-2-105 60-2-106 60-2-107 60-2-108 60-3-106 60-3-106a 60-3-113 60-3-114 60-7-111 60-9-105 60-9-107 60-11-101 through 60-11-105 60-11-107 60-13-103 60-13-104 60-15-101 60-15-102 60-15-104 60-16-105 Reg. No. 63-2-26 63-4-1 Amended Amended Amended Amended Amended Amended Amended New New New Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked Action New Amended V. 27, p. 1606 V. 28, p. 197 V. 28, p. 197 V. 27, p. 1606 V. 27, p. 1607 V. 27, p. 1607 V. 27, p. 1608 V. 27, p. 1608 V. 27, p. 1608 V. 27, p. 1609 V. 28, p. 197 V. 28, p. 198 V. 28, p. 1252-1254 V. 28, p. 1254 V. 28, p. 200 V. 28, p. 200 V. 28, p. 200 V. 28, p. 201 V. 28, p. 202 V. 29, p. 1115 Register V. 27, p. 108 V. 27, p. 108 68-20-16 68-20-23 68-20-23 68-21-1 through 68-21-7 Reg. No. 69-3-8 69-11-1 Reg. No. 71-5-1 through 71-5-6 71-5-7 through 71-5-13 71-9-1 through 71-9-4 71-10-1 through 71-10-4 71-11-1 Reg. No. 74-4-7 74-4-8 74-4-9 74-4-10 74-5-2 74-5-2a 74-5-101 74-5-102 74-5-103 74-5-201 74-5-202 74-5-203 74-5-301 74-5-302 74-5-401 74-5-403 74-5-405a 74-5-406 74-6-2 74-7-4 74-11-6 74-11-7 74-12-1 74-15-2
Amended New (T) New New Action Amended (T) Amended Action V. 28, p. 1561 V. 27, p. 1709 V. 28, p. 192 V. 29, p. 1417-1420 Register V. 28, p. 923 V. 28, p. 298 Register
AGENCY 44: DEPARTMENT OF CORRECTIONS Reg. No. 44-6-101 44-6-114e 44-6-115a 44-6-125 44-6-127 through 44-6-132 Action Amended Amended Amended Amended New Register V. 27, p. 1126 V. 27, p. 1128 V. 27, p. 1134 V. 27, p. 1135 V. 27, p. 1135-1138
AGENCY 67: BOARD OF EXAMINERS IN THE FITTING AND DISPENSING OF HEARING INSTRUMENTS Reg. No. 67-3-5 Reg. No. 68-1-1b 68-1-1h 68-1-3a 68-2-20 68-2-22 68-7-11 68-7-12b 68-7-14 68-7-20 68-7-21 68-11-2 68-16-3 68-18-1 68-18-2 68-18-3 68-19-1 68-20-10a Action New Action Amended New Amended Amended Amended Amended Amended Amended Amended New Amended Amended New New New New Amended Register V. 28, p. 1187 Register V. 29, p. 465 V. 28, p. 1491 V. 28, p. 1491 V. 28, p. 1765 V. 28, p. 1491 V. 29, p. 1053 V. 27, p. 1518 V. 28, p. 1492 V. 27, p. 435 V. 29, p. 465 V. 27, p. 1518 V. 28, p. 342 V. 27, p. 1857 V. 27, p. 1857 V. 27, p. 1858 V. 28, p. 342 V. 29, p. 466
AGENCY 51: DEPARTMENT OF LABOR DIVISION OF WORKERS COMPENSATION Reg. No. 51-9-7 Reg. No. 60-1-103 60-1-104 60-2-101 60-2-102 Action Amended Action Amended Amended Amended Amended Register V. 29, p. 1508 Register V. 27, p. 1603 V. 27, p. 1603 V. 27, p. 1604 V. 27, p. 1605, 1670
AGENCY 82: STATE CORPORATION COMMISSION Reg. No. 82-1-219 82-3-101a 82-3-107 82-3-108 82-3-111 82-3-135a Action Amended New Amended Amended Amended Amended Register V. 29, p. 1099 V. 29, p. 1508 V. 27, p. 1518 V. 27, p. 1519 V. 27, p. 1520 V. 27, p. 1521
82-3-135b 82-3-138 82-3-311a 82-3-402 82-3-1100 through 82-3-1120 82-4-2 82-4-3a through 82-4-3d 82-4-3a 82-4-3d 82-4-3e 82-4-3f through 82-4-3m 82-4-3f 82-4-3n 82-4-3o 82-4-6a 82-4-8h 82-4-20 82-4-21 82-4-22 82-4-23 82-4-24a 82-4-26 82-4-26a 82-4-27 82-4-27a 82-4-27c 82-4-27e 82-4-28 82-4-28a 82-4-28b 82-4-30a 82-4-30a 82-4-31 82-4-32 82-4-33 82-4-35 82-4-35a 82-4-37 82-4-40 82-4-42 82-4-48 82-4-48a 82-4-53 82-4-54 82-4-55 82-4-56a 82-4-57 82-4-58 82-4-62 82-4-63 82-4-65 82-4-77 82-11-4 82-11-10 82-14-1 through 82-14-5 82-14-6 82-16-1 through 82-16-6 82-17-1 through 82-17-5 Amended Amended New Amended New Amended Amended Amended Amended Revoked Amended Amended New New Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked Revoked Revoked Amended (T) Amended Revoked Amended Amended Amended Amended Revoked Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked Amended Amended Amended Amended Amended Amended New New New V. 27, p. 1521 V. 27, p. 1521 V. 29, p. 181 V. 27, p. 1521 V. 29, p. 182-190 V. 29, p. 1443 V. 28, p. 1373-1385 V. 29, p. 1443 V. 29, p. 1444 V. 28, p. 1386 V. 28, p. 1386-1397 V. 29, p. 1390 V. 29, p. 1444 V. 29, p. 1445 V. 29, p. 1446 V. 29, p. 1446 V. 28, p. 1397 V. 29, p. 1446 V. 29, p. 1446 V. 29, p. 1447 V. 29, p. 1447 V. 29, p. 1447 V. 29, p. 1447 V. 29, p. 1447 V. 29, p. 1448 V. 29, p. 1448 V. 29, p. 1449 V. 29, p. 1449 V. 29, p. 1449 V. 29, p. 1449 V. 29, p. 702 V. 29, p. 1392 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1451 V. 29, p. 1451 V. 29, p. 1451 V. 29, p. 1452 V. 29, p. 1452 V. 29, p. 1452 V. 29, p. 1453 V. 29, p. 1453 V. 29, p. 1453 V. 29, p. 1453 V. 29, p. 1453 V. 29, p. 1454 V. 28, p. 917 V. 28, p. 922 V. 28, p. 967-971 V. 28, p. 972 V. 29, p. 1598-1601 V. 29, p. 1136, 1137 88-29-5 88-29-5 88-29-7 88-29-7 88-29-8 88-29-8 88-29-8a 88-29-8a 88-29-8b 88-29-8b 88-29-9 88-29-9 88-29-11 88-29-11 88-29-12 88-29-12 88-29-18 88-29-18 88-29-19 88-29-19
Kansas Register
Amended (T) Amended Amended (T) Amended Amended (T) Amended New (T) New New (T) New Amended (T) Amended Amended (T) Amended Amended (T) Amended Amended (T) Amended Amended (T) Amended V. 28, p. 1103 V. 28, p. 1563 V. 28, p. 1103 V. 28, p. 1563 V. 28, p. 1103 V. 28, p. 1563 V. 28, p. 1103 V. 28, p. 1563 V. 28, p. 1104 V. 28, p. 1564 V. 28, p. 1104 V. 28, p. 1564 V. 28, p. 1105 V. 28, p. 1565 V. 28, p. 1106 V. 28, p. 1566 V. 28, p. 1107 V. 28, p. 1567 V. 28, p. 1108 V. 28, p. 1568 Reg. No. 94-2-1 through 94-2-21 94-3-1 94-3-1 94-3-2 94-3-2 94-4-1 94-4-1 94-4-2 94-4-2 94-5-1 through 94-5-25 Action
97
AGENCY 94: COURT OF TAX APPEALS Register
AGENCY 99: DEPARTMENT OF AGRICULTUREDIVISION OF WEIGHTS AND MEASURES Reg. No. 99-25-1 99-25-5 99-25-9 99-25-11 99-25-12 99-26-1 99-27-2 99-27-3 99-27-4 99-27-5 Reg. No. 100-11-1 100-22-8 100-22-8a 100-28a-1 100-28a-2 100-28a-10 100-29-1 100-29-3a 100-29-16 100-49-4 100-54-1 100-54-4 100-54-8 100-55-1 100-55-4 100-55-7 100-55-9 100-69-1 100-69-2 100-69-10 Action Amended Amended Amended New New Amended Amended Revoked Amended Amended Action Amended Revoked New Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked Amended Register V. 29, p. 1242 V. 29, p. 1242 V. 27, p. 108 V. 27, p. 109 V. 29, p. 1242 V. 28, p. 522 V. 27, p. 1019 V. 27, p. 1019 V. 27, p. 1019 V. 27, p. 1019 Register V. 29, p. 650 V. 27, p. 357 V. 27, p. 357 V. 28, p. 112 V. 28, p. 1736 V. 28, p. 572 V. 29, p. 598 V. 28, p. 1737 V. 28, p. 1060 V. 29, p. 651 V. 28, p. 1594 V. 27, p. 209 V. 28, p. 1595 V. 29, p. 704 V. 27, p. 209 V. 29, p. 651 V. 28, p. 572 V. 27, p. 1672 V. 27, p. 1672 V. 28, p. 572
AGENCY 84: PUBLIC EMPLOYEE RELATIONS BOARD Reg. No. 84-2-1 Reg. No. 86-3-19 86-3-19 86-3-30 86-3-30 Reg. No. 88-24-1 88-28-6 88-29-1 88-29-1 88-29-4 88-29-4 Action Amended Action Amended (T) Amended New (T) New Action Amended Amended Amended (T) Amended Amended (T) Amended Register V. 28, p. 872 Register V. 27, p. 1090 V. 27, p. 1517 V. 27, p. 1091 V. 27, p. 1517 Register V. 29, p. 1415 V. 29, p. 408 V. 28, p. 1101 V. 28, p. 1561 V. 28, p. 1102 V. 28, p. 1562
(continued)
98
100-69-12 100-72-1 100-72-2 100-72-7 100-73-1 100-73-1 100-73-2 100-73-9 New Amended Amended Amended Amended (T) Amended Amended Amended V. 29, p. 704 V. 28, p. 112 V. 29, p. 705 V. 28, p. 273 V. 28, p. 923 V. 28, p. 1282 V. 29, p. 598 V. 27, p. 315
Kansas Register
110-13a-2 110-13a-3 110-19-1 through 110-19-4 110-20-1 through 110-20-4 New New New New V. 27, p. 1063 V. 27, p. 1064 V. 27, p. 1064, 1065 V. 27, p. 1065, 1066 111-9-167 111-9-168 111-9-169 111-201-1 through 111-201-17 111-301-1 through 111-301-6 111-302-1 through 111-302-6 111-303-1 through 111-303-5 111-304-1 through 111-304-6 111-305-1 through 111-305-6 111-306-1 through 111-306-6 111-306-4 111-306-6 111-307-1 through 111-307-7 111-308-1 through 111-308-7 111-309-1 through 111-309-6 111-310-1 through 111-310-6 111-311-1 through 111-311-7
New New New New New New New New New New Amended Amended New New New New New V. 29, p. 1526 V. 29, p. 1526 V. 29, p. 1527 V. 29, p. 73-79 V. 29, p. 79, 80 V. 29, p. 82-86 V. 29, p. 87-89 V. 29, p. 89-91 V. 29, p. 474, 475 V. 29, p. 1185-1187 V. 29, p.1260 V. 29, p. 1219 V. 29, p. 1189-1191 V. 29, p. 1261-1263 V. 29, p. 1528-1530 V. 29, p. 1530-1532 V. 29, p. 1532-1535
AGENCY 111: KANSAS LOTTERY A complete index listing all regulations filed by the Kansas Lottery from 1988 through 2000 can be found in the Vol. 19, No. 52, December 28, 2000 Kansas Register. A list of regulations filed from 2001 through 2003 can be found in the Vol. 22, No. 52, December 25, 2003 Kansas Register. A list of regulations filed from 2004 through 2005 can be found in the Vol. 24, No. 52, December 29, 2005 Kansas Register. A list of regulations filed from 2006 through 2007 can be found in the Vol. 26, No. 52, December 27, 2007 Kansas Register. A list of regulations filed from 2008 through November 2009 can be found in the Vol. 28, No. 53, December 31, 2009 Kansas Register. The following regulations were filed after December 1, 2009: Reg. No. 111-2-30 111-2-232 111-2-233 111-2-234 111-2-235 through 111-2-240 111-2-241 111-2-242 111-2-243 through 111-2-248 111-4-2899 through 111-4-2907 111-4-2908 through 111-4-2911 111-4-2911a 111-4-2912 through 111-4-2923 111-4-2924 through 111-4-2930 111-4-2931 through 111-4-2938 111-4-2939 through 111-4-2948 111-4-2949 through 111-4-2984 111-4-2949 through 111-4-2984 111-4-2985 through 111-4-2988 111-4-2989 111-4-2990 111-4-2991 111-4-2992 through 111-4-3011 111-4-3012 through 111-4-3022 111-5-175 through 111-5-179 111-5-180 through 111-5-194 111-5-181 111-5-184 111-5-186 111-5-194 111-9-162 111-9-163 111-9-164 111-9-165 111-9-166 Action Amended Amended Amended New New New New New New New New New New New New New New New New New New New New New New Amended Amended Amended Amended New New New New New Register V. 29, p. 215 V. 29, p. 215 V. 29, p. 215 V. 29, p. 746 V. 29, p. 1214, 1215 V. 29, p. 1247 V. 29, p. 1247 V. 29, p. 1512, 1513 V. 29, p. 9-14 V. 29, p. 149-152 V. 29, p. 152 V. 29, p. 153-157 V. 29, p. 216-222 V. 29, p. 467-473 V. 29, p. 569-575 V. 29, p. 746-769 V. 29, p. 746-769 V. 29, p. 1180-1183 V. 29, p. 1216 V. 29, p. 1217 V. 29, p. 1218 V. 29, p. 1248-1259 V. 29, p. 1513-1522 V. 29, p. 157-159 V. 29, p. 222-228 V. 29, p. 1522 V. 29, p. 1523 V. 29, p. 1524 V. 29, p. 1525 V. 29, p. 229 V. 29, p. 229 V. 29, p. 230 V. 29, p. 769 V. 29, p. 1184
AGENCY 112: RACING AND GAMING COMMISSION Reg. No. 112-12-15 112-13-6 112-100-1 through 112-100-7 112-101-1 through 112-101-16 112-102-1 through 112-102-13 112-103-1 through 112-103-12 112-103-15 112-103-16 112-104-1 through 112-104-33 112-104-34 through 112-104-41 112-105-1 through 112-105-7 112-106-1 through 112-106-7 112-107-1 112-107-2 112-107-3 112-107-5 112-107-6 112-107-7 112-107-9 112-107-10 112-107-11 112-107-13 through 112-107-32 112-107-34 112-108-1 through 112-108-57 112-110-1 through 112-110-13 Action New New New New New New New New New New New New New New New New New New New New New New New New New Register V. 28, p. 797 V. 28, p. 376 V. 27, p. 1378 V. 28, p. 376-379 V. 28, p. 1161-1163 V. 28, p. 376-382 V. 28, p. 382 V. 28, p. 382 V. 27, p. 1378-1406 V. 28, p. 1457-1459 V. 27, p. 1406-1408 V. 27, p. 1408-1411 V. 28, p. 424 V. 28, p. 424 V. 28, p. 424 V. 28, p. 428 V. 28, p. 428 V. 28, p. 428 V. 28, p. 429 V. 28, p. 429 V. 28, p. 430 V. 28, p. 430-440 V. 28, p. 441 V. 28, p. 1766-1788 V. 28, p. 464-470
AGENCY 109: BOARD OF EMERGENCY MEDICAL SERVICES Reg. No. 109-2-9 109-3-1 109-5-1 109-5-2 109-5-3 109-5-4 109-5-5 109-5-6 109-6-1 109-6-2 109-6-3 109-10-7 109-11-1 109-11-3 109-11-4 109-11-6 109-15-1 109-15-2 Reg. No. 110-4-1 through 110-4-5 110-13a-1 Action Amended Amended Amended Amended Amended Revoked New New Amended Amended Revoked New Amended Amended Amended Amended New Amended Action Register V. 28, p. 1030 V. 28, p. 1030 V. 29, p. 1281 V. 28, p. 574 V. 29, p. 1282 V. 29, p. 113 V. 27, p. 1548 V. 28, p. 575 V. 29, p. 113 V. 29, p. 113 V. 28, p. 575 V. 29, p. 113 V. 29, p. 1283 V. 29, p. 1284 V. 29, p. 1284 V. 29, p. 1285 V. 28, p. 575 V. 29, p. 1285 Register
Amended New
V. 30, p. 25-27 V. 27, p. 1063
112-111-1 through 112-111-5 112-112-1 through 112-112-9 112-113-1 112-114-1 through 112-114-6 112-114-8 through 112-114-12 112-114-14 117-2-2 117-2-2a 117-3-1 117-3-2 117-3-2a 117-4-1 117-4-2 117-4-2a 117-5-2 117-5-2a 117-6-1 117-6-3 117-7-1 117-8-1 117-10-1
Kansas Register
Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended New V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. 29, 28, 29, 29, 28, 29, 29, 28, 28, 28, 29, 29, 28, 29, 28, p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. 413 373 414 415 373 416 417 374 374 375 656 656 375 418 375 128-4-1 through 128-4-9 128-4a-1 128-5-1 128-5-2 128-6-1 128-6-2 128-6-4 New New New New New New New
99
New New New New New New
V. 28, 470-472 V. 27, p. 1411-1413 V. 28, p. 382 V. 28, p. 472 V. 28, p. 472, 473 V. 28, p. 473
V. 27, p. 363-367 V. 27, p. 367 V. 27, p. 367 V. 27, p. 368 V. 27, p. 368 V. 27, p. 371 V. 27, p. 374
AGENCY 115: DEPARTMENT OF WILDLIFE AND PARKS Reg. No. Action Register 115-2-1 Amended V. 29, p. 1602 115-2-3 Amended V. 29, p. 1603 115-2-3a Amended V. 29, p. 1603 115-2-5 Amended V. 27, p. 1265 115-4-2 Amended V. 29, p. 408 115-4-4 Amended V. 29, p. 658 115-4-4a Amended V. 29, p. 659 115-4-6 Amended V. 29, p. 409 115-4-6a Revoked V. 27, p. 112 115-4-11 Amended V. 29, p. 67 115-4-13 Amended V. 27, p. 404 115-4-14 Revoked V. 27, p. 112 115-5-1 Amended V. 28, p. 1250 115-5-2 Amended V. 28, p. 1251 115-6-1 Amended V. 28, p. 1251 115-7-1 Amended V. 29, p. 1606 115-7-2 Amended V. 27, p. 1708 115-7-3 Amended V. 28, p. 1599 115-7-8 Revoked V. 29, p. 1607 115-7-9 Amended V. 29, p. 1607 115-7-10 New V. 28, p. 1600 115-8-1 Amended V. 29, p. 1092 115-8-6 Amended V. 28, p. 1600 115-8-9 Amended V. 27, p. 1265 115-8-10 Amended V. 27, p. 1265 115-8-13 Amended V. 27, p. 112 115-15-1 Amended V. 28, p. 1079 115-15-2 Amended V. 28, p. 1080 115-18-7 Amended V. 29, p. 659 115-18-20 Amended V. 29, p. 1608 115-18-21 New V. 27, p. 1708 115-20-7 New V. 29, p. 659 AGENCY 117: REAL ESTATE APPRAISAL BOARD Reg. No. Action Register 117-1-1 Amended V. 28, p. 373 117-2-1 Amended V. 29, p. 412
AGENCY 128: DEPARTMENT OF COMMERCE KANSAS ATHLETIC COMMISSION Reg. No. 128-1-1 128-1-1 128-2-1 128-2-3 through 128-2-13 128-2-12 128-3-1 Action New (T) New New New New (T) New Register V. 27, p. 106 V. 27, p. 358 V. 27, p. 360 V. 27, p. 360-362 V. 27, p. 107 V. 27, p. 362
Kansas Register
In this issue . . .
Page
Department of RevenueDivision of Vehicles Notice of intent to establish new line-makes for an existing new motor vehicle dealer ................... 102 Notice of intent to establish an additional location for an existing new motor vehicle dealer .......... 102 Attorney General Opinion 2011-1 ........................................................................................................................... 103 Office of the Governor Executive Order 11-01, creating the Office of the Repealer ............................................................ 103 Legislative bills and resolutions introduced January 27-February 2 ................................................ 104 Kansas Board of Regents Universities Notice to bidders ........................................................................................................................ 105 Secretary of State Notice of corporations forfeited ................................................................................................... 106 Department of AdministrationDivision of Purchases Notice to bidders for state purchases ........................................................................................... 107 Department of Health and Environment Requests for comments on proposed air quality permits........................................................ 107, 108 Notice concerning water pollution control permits/applications .................................................... 109 Department of AdministrationDivision of Accounts and Reports Public notice............................................................................................................................... 108 Kansas Department of Commerce Notice of amendment to the CDBG Program Action Plan ............................................................. 108 Kansas Commission on Veterans Affairs Notice of meeting ....................................................................................................................... 109 Pooled Money Investment Board Notice of investment rates........................................................................................................... 109 Kansas Department of Transportation Notice to consulting engineers .................................................................................................... 111 Permanent Administrative Regulations Department of Health and Environment ...................................................................................... 111 Index to administrative regulations ................................................................................................ 112
102
State of Kansas
Kansas Register
State of Kansas
Notices

Notice of Intent to Establish New Line-Makes for an Existing New Motor Vehicle Dealer Notice has been received from Ed Bozarth Chevrolet, Inc., dba Ed Bozarth Chevrolet #1 Buick GMC, of its intent to establish the franchises of Buick and GMC to its location at 3731 S. Topeka Blvd., Topeka, Kansas. Pursuant to K.S.A. 8-2430(a)(5), any existing new motor vehicle dealer may protest the proposed addition of the new franchises of Buick and GMC at Ed Bozarth Chevrolet, Inc., dba Ed Bozarth Chevrolet #1 Buick GMC, if that existing new motor vehicle dealer has a franchise agreement for the same line-make vehicle as that which is to be sold or offered for sale by Ed Bozarth Chevrolet, Inc., dba Ed Bozarth Chevrolet #1 Buick GMC, at 3731 Topeka Blvd., Topeka, Kansas, and provided that the existing new motor vehicle dealer is physically located such that its relevant market area, as defined in K.S.A. 82430(e), includes the location where the new Buick and GMC dealership will be located. Pursuant to K.S.A. 8-2430(a), any petition or complaint by any dealer with standing to protest must be filed with the Director of Vehicles within 30 days of this notice. Such petitions or complaints must be directed to the Kansas Department of Revenue, Director of Vehicles, 1st Floor, Docking State Office Building, 915 S.W. Jackson, Topeka, 66612. Michael J. McLin, Bureau Manager Titles and Registration/ Dealer Licensing Bureau
Doc. No. 039124

Notice of Intent to Establish an Additional Location for an Existing New Motor Vehicle Dealer Notice has been received from Wichita RV of its intent to add an additional location located at 10810 W. Highway 54, Wichita, Kansas, and also intends to add the new Winnebago motor homes and Heartland fifth wheel and travel trailers. Pursuant to K.S.A. 8-2430(a)(5), any existing new motor vehicle dealer may protest the proposed addition of the new line-makes Winnebago motor homes and Heartland fifth wheel and travel trailers at Wichita RV, if the existing new motor vehicle dealer has a franchise agreement for the same line-make vehicles as that which are to be sold or offered for sale by Wichita RV, located at 10810 W. Highway 54, Wichita, Kansas, and provided that the existing new motor vehicle dealer is physically located such that its relevant market area, as defined in K.S.A. 82430(e), includes the location where the new Winnebago motor homes and Heartland fifth wheel and travel trailers dealership will be located. Pursuant to K.S.A. 8-2430(a), any petition or complaint by any dealer with standing to protest must be filed with the Director of Vehicles within 30 days of this notice. Such petitions or complaints must be directed to the Kansas Department of Revenue, Director of Vehicles, 1st Floor, Docking State Office Building, 915 S.W. Harrison, Topeka, 66612. Michael J. McLin, Bureau Manager Titles and Registration/ Dealer Licensing Bureau
Doc. No. 039115
Vol. 30, No. 6, February 10, 2011
A.G. Opinion/Executive Order

State of Kansas
Kansas Register
103
Attorney General
Opinion 2011-1 Cities and MunicipalitiesBuildings, Structures and Grounds; Development and Redevelopment of Areas in and Around CitiesPurpose of Act; Procedure for Establishing Redevelopment District; Procedure for Establishing a Redevelopment Project; Project Plan; Posthearing Changes; Twenty-Year Time Limitation, February 3, 2011. Synopsis: A city may through home rule terminate an existing project plan when the city deems that projects designated in an existing project plan are no longer desired or feasible, the project area should be transferred to another redevelopment district, new redevelopment projects for the transferred area should be pursued and new revenue resources are to be pledged to pay the costs of the redevelopment projects. The city would then need to follow the procedure set forth in subsections (a) through (e) of K.S.A. 2010 Supp. 12-1772 to adopt a new project plan for the transferred project area. Cited herein: K.S.A. 2010 Supp. 12-1770; 12-1770a; 12-1771; 12-1772; 12-1775; 12-1776; Kan. Const., Art. 12, 5. RS Derek Schmidt Attorney General
Doc. No. 039127
State of Kansas

Executive Order 11-01 WHEREAS, the economic well-being of the great State of Kansas and the growth of liberty and economic opportunities for the citizens of Kansas and for Kansas businesses are major priorities of this Administration; and WHEREAS, the citizens of Kansas and all persons doing business in the State of Kansas have a mutual interest in a system of government, laws, regulations, and other governing instruments that are reasonable, comprehensible, consistent, predictable, and minimally burdensome; and WHEREAS, in furtherance of this Administrations constitutional duty to supervise and direct the executive departments and agencies of state government for the purpose of carrying out the laws, regulations, and other governing instruments of the State of Kansas, I have established a new common sense approach to the task of governing; and WHEREAS, unreasonable, unduly burdensome, duplicative, onerous, and conflicting laws, regulations, and other governing instruments are detrimental to the economic well-being of Kansas; hinder the growth of liberty and opportunities for Kansans and Kansas businesses; and defy a common sense approach to governance; and WHEREAS, there currently exists in Kansas certain laws, regulations, and other governing instruments that meet these criteria and should therefore be immediately repealed; NOW, THEREFORE, pursuant to the authority vested in me as Governor of the State of Kansas, I hereby create
within the Kansas Department of Administration a new office to be called the Office of the Repealer. The Office of the Repealer shall be directed by an executive officer to be named the State Repealer. The State Repealer shall be appointed by the Governor and shall serve at the pleasure of the Governor. The Secretary of Administration shall commit and make available to the Office of the Repealer such resources and personnel as may be required to carry out this Order at the discretion of the State Repealer. The Office of the Repealer shall undertake as its sole task and charge the following duties: 1. The Office of the Repealer shall investigate the system of governance of the State of Kansas including its laws, regulations, and other governing instruments to determine instances in which those laws, regulations, or other governing instruments are unreasonable, unduly burdensome, duplicative, onerous, or in conflict. 2. The Office of the Repealer shall cause to be created at the earliest possible date a system for receiving public comment suggesting various laws, regulations, and other governing instruments to be considered for possible repeal by the Office of the Repealer. This system shall include an online portal for the receipt of such public comment. 3. When the Office of the Repealer shall determine that any such law, regulation, or other governing instrument meets the standard set forth in paragraph 1 above, the State Repealer shall cause a recommendation for either outright repeal or for modification to be delivered to the originating body of such law, regulation, or other governing instrument; for example, to the Legislature for laws and to the promulgating state agency for regulations. The recommendation shall set forth with specificity the justification for the requested repeal or modification. Any recommendation made by the State Repealer shall carry the full weight and force of this Administration. 4. The Office of the Repealer shall implement a tracking system to follow the action taken by any originating body on any recommendation made by the State Repealer in order to prepare regular reports to the Office of the Governor regarding the progress of repeal or modification. The Office of the Repealer shall have the authority to determine and implement such internal policies, standards, and procedures as may be necessary for the orderly and efficient carrying out of its mission as set forth in this Order. This document shall be filed with the Secretary of State as Executive Order No. 11-01 and shall become effective immediately. Dated January 21, 2011. Sam Brownback Governor
Doc. No. 039118
Vol. 30, No. 6, February 10, 2011
104
State of Kansas
Kansas Register
Legislature
Legislative Bills
Legislative Bills and Resolutions Introduced The following numbers and titles of bills and resolutions were introduced January 27-February 2 by the 2011 Kansas Legislature. Copies of bills and resolutions are available free of charge from the Legislative Document Room, 58-S, State Capitol, 300 S.W. 10th Ave., Topeka, 66612, (785) 2964096. Full texts of bills, bill tracking and other information may be accessed at www.kslegislature.org. House Bills
HB 2110, AN ACT concerning the state long-term care ombudsman; relating to the Kansas soldiers home and Kansas veterans home; establishing an advisory committee on advocacy options within the home; amending K.S.A. 2010 Supp. 75-7303 and repealing the existing section, by Committee on Aging and Long Term Care. HB 2111, AN ACT concerning child care; amending K.S.A. 2010 Supp. 39-7,129, 59-29a11, 65-503, 65-504, 65-505, 65-506, 65-508, 65-512, 65-516, 65-516, as amended by section 15 of this act, 65-523, 65-524, 65-526, 65530 and 65-531 and repealing the existing sections; also repealing K.S.A. 2009 Supp. 65-525 as amended by section 13 of chapter 161 of the 2010 Session Laws of Kansas and K.S.A. 2010 Supp. 65-504a, 65-516b, 65-530a, 65-532, 65-533 and 65-534, by Committee on Children and Families. HB 2112, AN ACT concerning taxation; relating to state property tax levy for state institutions for care of certain persons and children; amending K.S.A. 2010 Supp. 76-6b04 and repealing the existing section, by Committee on Vision 2020. HB 2113, AN ACT concerning taxation; relating to state property tax levy for institutions of higher education; amending K.S.A. 76-6b02 and K.S.A. 2010 Supp. 76-6b01 and repealing the existing sections, by Committee on Vision 2020. HB 2114, AN ACT concerning retirement and pensions; relating to the Kansas police and firemens retirement system; vesting; amending K.S.A. 2010 Supp. 74-4963a and repealing the existing section, by Committee on Vision 2020. HB 2115, AN ACT concerning civil procedure; relating to covered offenses and conduct giving rise to forfeiture; amending K.S.A. 2010 Supp. 60-4104 and repealing the existing section, by Representative Sloan. HB 2116, AN ACT concerning taxation; establishing state property tax levy for state water infrastructure; relating to purposes; rate; authorized uses; disposition of moneys, by Committee on Vision 2020. HB 2117, AN ACT concerning sales taxation; relating to imposition of tax; exemptions; amending K.S.A. 2010 Supp. 79-3603 and repealing the existing section, by Committee on Taxation. HB 2118, AN ACT concerning crimes, criminal procedure and punishment; relating to supervision fees for appearance bonds; amending K.S.A. 2010 Supp. 22-2802 and section 244 of chapter 136 of the 2010 Session Laws of Kansas and repealing the existing sections, by Committee on Corrections and Juvenile Justice. HB 2119, AN ACT concerning emergency medical services; relating to accident response service fees; amending K.S.A. 80-1557 and repealing the existing section, by Committee on Local Government. HB 2120, AN ACT establishing the Kansas streamlining government commission; providing for an independent review of state agencies of the executive branch of state government; prescribing powers, duties and functions for the commission and certain other agencies; amending K.S.A. 2010 Supp. 75-2973 and 75-4319 and repealing the existing sections, by Committee on Government Efficiency. HB 2121, AN ACT concerning cremation; relating to the authority of coroners to issue permits; amending K.S.A. 65-2426a and repealing the existing section, by Committee on Appropriations. HB 2122, AN ACT concerning the agricultural ethyl alcohol producer incentive fund; relating to extension; amending K.S.A. 2010 Supp. 7934,161 and 79-34,164 and repealing the existing sections, by Committee on Energy and Utilities. HB 2123, AN ACT enacting the Kansas adverse medical outcome transparency act; concerning evidence in civil actions; expression of sympathy, compassion or benevolent acts by health care providers not admissible as evidence of an admission of liability or as evidence of an admission against interest, by Representative Sloan.
HB 2124, AN ACT concerning certified public accountants; relating to corporations practicing in partnership; amending K.S.A. 2010 Supp. 1-308 and repealing the existing section, by Representative Cassidy. HB 2125, AN ACT concerning the Kansas professional regulated sports act; pertaining to violations; pertaining to civil penalties; pertaining to fees; pertaining to rules and regulations; amending K.S.A. 2010 Supp. 74-50,181, 74-50,182, 74-50,185, 74-50,186, 74-50,187, 74-50,189, 7450,193 and 74-50,194 and repealing the existing sections, by Committee on Commerce and Economic Development. HB 2126, AN ACT concerning elections; relating to certain municipalities; amending K.S.A. 2-623, 2-624, 19-3505, 19-3507, 24-412, 25-1115, 25-2006, 25-2007, 25-2010, 25-2018, 25-2023, 25-2102, 25-2109, 25-2118, 25-2120, 25-2311, 25-2502, 25-3503, 71-1413 and 71-1414 and K.S.A. 2010 Supp. 24-459, 24-506, 25-1122, 25-2108a and 42-706 and repealing the existing sections; also repealing K.S.A. 12-1001, 12-1002, 12-1003, 121004, 12-1005, 12-1005a, 12-1005b, 12-1005c, 12-1005d, 12-1005e, 121005f, 12-1005g, 12-1005h, 12-1005j, 12-1005k, 12-1005l, 12-1006, 12-1007, 12-1008, 12-1009, 12-1010, 12-1011, 12-1012, 12-1013, 12-1014, 12-1015, 12-1017, 12-1018, 12-1019, 12-1020, 12-1021, 12-1022, 12-1023, 12-1024, 12-1025, 12-1027, 12-1028, 12-1028a, 12-1029, 12-1030, 12-1031, 12-1032, 12-1033, 12-1034, 12-1035, 12-1036, 12-1036a, 12-1036b, 12-1036c, 121036d, 12-1036e, 12-1036f, 12-1036g, 12-1036h,12-1037, 12-1038 and 252107 and K.S.A. 2010 Supp. 14-201, by Representatives Huebert, Arpke, Billinger, Boman, Brown, Brunk, Crum, DeGraaf, Donohoe, Fund, Garber, Goico, Gonzalez, Gregory, Hedke, Hermanson, Hildabrand, M. Holmes, Howell, Kelley, Kerschen, Kiegerl, Kinzer, Kleeb, Landwehr, Mast, McLeland, Montgomery, OBrien, OHara, ONeal, Osterman, Patton, Peck, Prescott, Rhoades, Rubin, Scapa, Seiwert, Siegfreid, Swanson, Vickrey and Ryckman. HB 2127, AN ACT concerning municipalities; authorization to demand coordination of federal and state governments with local laws and regulations, by Committee on Federal and State Affairs. HB 2128, AN ACT concerning elections; relating to public service advertisements by candidates, by Committee on Elections. HB 2129, AN ACT enacting the health care freedom act, by Representatives Landwehr, Mosier, Denning, Rubin, Alford, Arpke, Boman, Brown, Bruchman, Brunk, Calloway, Carlson, Cassidy, Collins, DeGraaf, Donohoe, Fawcett, Garber, Goico, Gonzalez, Goodman, Gordon, Gregory, Grosserode, Hayzlett, Hermanson, Hildabrand, Hoffman, M. Holmes, Howell, Huebert, Johnson, Kelley, Kerschen, Kiegerl, Kinzer, Kleeb, Mast, McLeland, Meigs, Mesa, Montgomery, OBrien, OHara, ONeal, Osterman, Otto, Patton, Powell, Prescott, Rhoades, Ryckman, Scapa, Schwartz, Seiwert, Siegfreid, Smith, Spalding, Suellentrop, Vickrey, B. Wolf, K. Wolf and Worley. HB 2130, AN ACT concerning labor organizations; relating to political activities; amending K.S.A. 75-4333 and repealing the existing section, by Committee on Commerce and Economic Development. HB 2131, AN ACT concerning employment; relating to misclassification of employees; amending K.S.A. 2010 Supp. 79-3234 and repealing the existing section, by Committee on Commerce and Economic Development. HB 2132, AN ACT relating to motor vehicles; providing for the issuance of gold star family license plates; amending K.S.A. 2010 Supp. 8-1,141 and 8-1,147 and repealing the existing sections, by Committee on Veterans, Military and Homeland Security. HB 2133, AN ACT concerning certain claims against the state, making appropriations, authorizing certain transfers, imposing certain restrictions and limitations, and directing or authorizing certain disbursements, procedures and acts incidental to the foregoing, by Committee on Joint Committee on Special Claims Against the State. HB 2134, AN ACT concerning workers compensation; amending K.S.A. 44-503a, 44-510c, 44-510d, 44-510e, 44-510f, 44-515, 44-516, 44-520, 44-525, 44-528, 44-531, 44-534a, 44-536 and 44-5a01 and K.S.A. 2010 Supp. 44-501, 44-508, 44-510b, 44-510h, 44-510k, 44-511 and 44-523 and repealing the existing sections; also repealing K.S.A. 44-510a and 44520a, by the Committee on Commerce and Economic Development. HB 2135, AN ACT concerning taxation; relating to misclassification of employees to avoid tax withholding, contributions and reporting requirements; amending K.S.A. 2010 Supp. 79-3234 and repealing the existing section; also repealing K.S.A. 2010 Supp. 44-766, by Committee on Commerce and Economic Development.

HCR 5007, A PROPOSITION to amend the constitution of the state of Kansas by adding a new article 16 thereto, concerning health care.
Vol. 30, No. 6, February 10, 2011
Senate Bills
Kansas Register
State of Kansas
105
SB 64, AN ACT concerning banking; allowing the obtaining of fingerprints from certain individuals for certain purposes; amending K.S.A. 9-532, 9-1722 and 9-1801 and K.S.A. 2010 Supp. 9-509 and repealing the existing sections, by Committee on Financial Institutions and Insurance. SB 65, AN ACT concerning health insurance; pertaining to review of health care decisions; amending K.S.A. 40-22a13, 40-22a14 and 40-22a15 and repealing the existing sections, by Committee on Financial Institutions and Insurance. SB 66, AN ACT concerning elections and campaign finance; relating to public service advertisements by candidates, by Committee on Ethics and Elections. SB 67, AN ACT concerning gubernatorial inauguration contributions; amending K.S.A. 25-4186 and repealing the existing section; and also repealing K.S.A. 25-4188, by Committee on Ethics and Elections. SB 68, AN ACT creating the Kansas healthy youth act, by Committee on Education. SB 69, AN ACT concerning school districts; relating to bullying and dating violence; amending K.S.A. 2010 Supp. 72-8256 and repealing the existing section, by Committee on Education. SB 70, AN ACT concerning school districts; relating to the school district capital improvements fund; amending K.S.A. 2010 Supp. 752319 and repealing the existing section, by Committee on Ways and Means. SB 71, AN ACT concerning insurance agents and producers; relating to continuing education requirements; amending K.S.A. 2010 Supp. 404903 and repealing the existing section, by Committee on Financial Institutions and Insurance. SB 72, AN ACT concerning telecommunications; relating to price deregulation; amending K.S.A. 2010 Supp. 66-2005 and repealing the existing section, by Committee on Utilities. SB 73, AN ACT concerning criminal procedure; relating to discovery; certain visual depictions; amending K.S.A. 2010 Supp. 22-3212 and repealing the existing section, by Committee on Judiciary. SB 74, AN ACT concerning civil procedure; relating to covered offenses and conduct giving rise to forfeiture; electronic solicitation; sexual exploitation of a child; amending K.S.A. 2010 Supp. 60-4104 and repealing the existing section, by Committee on Judiciary. SB 75, AN ACT concerning school districts; relating to dyslexia screening, by Committee on Education. SB 76, AN ACT concerning the state board of healing arts; relating to doctors of physical therapy and physical therapist assistants; representation of licensure, certification and credentials; amending K.S.A. 2010 Supp. 65-2901 and 65-2913 and repealing the existing sections, by Committee on Public Health and Welfare. SB 77, AN ACT concerning the employment security act; creating an assessment for the payment of interest on advances received from the federal government; removing the waiting week extension; pertaining to benefits; amending K.S.A. 2010 Supp. 44-704a, 44-705, 44-706, 44-710a and 44-717 and repealing the existing sections, by Committee on Commerce. SB 78, AN ACT concerning certain appointments made by KTEC; transferring such authority to the governor; amending K.S.A. 2010 Supp. 74-520a and 74-99b04 and repealing the existing sections, by Committee on Commerce. SB 79, AN ACT concerning setoff against debtors of the state; amending K.S.A. 2010 Supp. 75-6210 and repealing the existing section, by Committee on Judiciary. SB 80, AN ACT concerning alcoholic beverages; relating to microbreweries; amending K.S.A. 2010 Supp. 41-102 and 41-308b and repealing the existing sections, by Committee on Federal and State Affairs.


SCR 1602, A RESOLUTION congratulating the State of Kansas on the Sesquicentennial of its Admission to the Union of the United States of America.
Doc. No. 038494
Senate Resolutions
SR 1810, A RESOLUTION recognizing and commending Dr. John Doc Ferguson and the Ferguson family for preserving historical masonry tools used by Dr. John Doc Fergusons grandfather, Nels Ferguson, in the construction of the Kansas state capitol in the 1870s.
Doc. No. 039114
Vol. 30, No. 6, February 10, 2011
106
State of Kansas
Kansas Register
Secretary of State
Corporations Forfeited
Notice of Corporations Forfeited In accordance with K.S.A. 17-7510, the articles of incorporation of the following corporations organized under the laws of Kansas and the authority of the following foreign corporations authorized to do business in Kansas were forfeited during the month of January 2011 for failure to timely file an annual report and pay the annual report fee as required by the Kansas general corporation code: Domestic Corporations
A.I. Holdings (US) Inc., Kansas City, KS. Apex Stages Inc., Pittsburg, KS. As If By Magic, Inc., Pittsburg, KS. B Bar B Farms, Inc., Goodland, KS. Barton Office Systems, Inc., Great Bend, KS. Bergman Drilling, Inc., Wichita, KS. Blue River Feeds Supply, Inc., Axtell, KS. Bullseye Amusement, Inc., Lansing, KS. Carpe Diem Technologies Inc., Vancouver, British Columbia. Central Steel Products, Inc., Wichita, KS. Changing Lives Foundation, Overland Park, KS. Chris Dvorsky Construction, Inc., Olathe, KS. Chris Dvorsky, L.L.C., Olathe, KS. Debs Biz One Inc., Coffeyville, KS. Dodge City Lodge #1187 Loyal Order of Moose, Dodge City, KS. Don C. Peete and Associates, Inc., Prairie Village, KS. Drivers Seat Technologies, Inc., Overland Park, KS. Ellsworth Ready-Mix, Inc., Ellsworth, KS. Fire Works of Kansas City, Incorporated, North Kansas City, MO. Flint Hills Gas Company, Inc., Augusta, KS. G. E. Tolman & Co., Overland Park, KS. Gates, Shields & Ferguson, P.A., Overland Park, KS. Gaugh Bed and Breakfast, Inc., Lenexa, KS. Glaziers, Inc., Madison, KS. Global Shop and Save Inc., Olathe, KS. Glorious Perfumes Inc., Wichita, KS. Gowen Chiropractic & Rehabilitation, Inc., Emporia, KS. Graham Petroleum, Inc., Augusta, KS. Hull Construction, Inc., Berryton, KS. Integrative Solutions, LC, Wichita, KS. J.G. Mathena and Associates, Inc., Topeka, KS. JJR, Inc., Goodland, KS. JKP Corporation, Goodland, KS. Johnnys Hickory House Bar-B-Q, Inc., Mission, KS. Jon Murdock, Inc., Manhattan, KS. JPJ, Inc., Goodland, KS. K-B Machine Shop, Inc., Olathe, KS. Kansas City Merchandise Mart, Inc., Overland Park, KS. Kansas Transportation, Inc., Kansas City, KS. KC 3 MRK Holdings Inc., Olathe, KS. Kelling Cattle Company, Inc., Goodland, KS. Kings Pit Bar-B-Que, Inc., Liberal, KS. Kingco Enterprises, Inc., Bucyrus, KS. Knopp Auction and Realty, Inc., Scott City, KS. KPERS Realty Holding #30, Inc., Boston, MA. L. J. Pracht Co., Inc., Wichita, KS. LDK Development, Inc., Overland Park, KS. Main Street, Inc., Belleville, KS. Marion A. Hill Foundation Charitable Trust, Kansas City, KS. McLisa Enterprises, Inc., Olathe, KS. Metro South, Inc., Overland Park, KS.
Mid-America Aviation Services, Incorporated, Topeka, KS. Midwest Rental Inc., Sabetha, KS. Military Advisor Association, Manhattan, KS. Mitch Construction Company, Inc., Lenexa, KS. N.V.K. Inc., Seneca, KS. National Federation of Press Women Education Fund, Inc., Lawrence, KS. Old West Stuff Inc., Dodge City, KS. Pacifico Terra Transtellar, Inc., Lawrence, KS. Pals Glass, LLC, Wichita, KS. Park Village Holding Co. L.P., Wichita, KS. Pauls Funeral Homes, Inc., Oberlin, KS. Payless Cars, Inc., Topeka, KS. Purdys Pharmacy, Inc., Hays, KS. Pushwater Enterprises, Inc., Olathe, KS. Quality Ventures, Inc., Albertville, AL. RAL Contractors, Inc., Overland Park, KS. Remco Builders, Inc., Manhattan, KS. Renovo Medical LLC, Wichita, KS. Rescue Funding, Inc., Wichita, KS. Ridgekan Corp., Manhattan, KS. RJP, Inc., Goodland, KS. RKJ Corporation, Goodland, KS. RKP Corporation, Goodland, KS. Rock Creek Construction, Inc., Paola, KS. Roth, Incorporated, Overland Park, KS. Scotts Plumbing, Heating & Cooling, Inc., Kansas City, KS. SMS, Inc., Wichita, KS. Specialty Construction, Inc., Golden, CO. Stratton Oaks West, Inc., Lenexa, KS. T. W. Ball Enterprises, Inc., Raytown, MO. Taco Tico Operations, Inc., Wichita, KS. Taco Tico, Inc., Wichita, KS. Tashco, Inc., McPherson, KS. Three Gentlemen Inc., Wichita, KS. United Management, Inc., Wichita, KS. Universal Logistics, Inc., Kansas City, KS. Westbrooke Homes Association, Inc., Overland Park, KS. Wilder Communications, Inc., Kansas City, MO. Wilson Avenue Transportation Company, L.L.C., Leavenworth, KS. YCC, Ltd., Eudora, KS.
Anoxa Corp., Reno, NV. Apartment Personnel of Colorado, Inc., Irving, TX. Bay State Milling Company, Quincy, MA. BG Worldwide Securities, Inc., Los Angeles, CA. Buck Consultants, LLC, New York, NY. Central States Industrial Equipment & Service, Inc., Springfield, MO. Chief Construction Company, Grand Island, NE. Computer King Inc., Washington, UT. Cooling Components, Incorporated, St. Louis, MO. Crown Energy Company, Oklahoma City, OK. Diageo Chateau & Estate Wines Company, Norwalk, CT. Diageo North America, Inc., Norwalk, CT. Ellex, Inc., Eden Prairie, MN. Genmar Manufacturing of Kansas, Inc., Minneapolis, MN. Hartney Fuel Oil Co., Mark, IL. Help at Home, Inc., Chicago, IL. Hico Concrete, Inc., Nashville, TN. IHC Health Solutions, Inc., Indianapolis, IN. Intellipack, Inc., Tulsa, OK. J-2 Printing, Inc., North Kansas City, MO. Kansas City Bedding Co., Inc., Kansas City, MO. Kansas City Business Supply, Inc., Kansas City, MO.
Vol. 30, No. 6, February 10, 2011
Notices/Request for Comments
Kansas Register
03/01/2011 A-011519
107
New Windows & Masonry Restoration Hughes Hall, Pittsburg State University, Pittsburg
Kansas City Internal Medicine, M.D.s, a Professional Corporation, Kansas City, MO. Kelly Aerospace Turbine Rotables, Inc., Montgomery, AL. Leap Associates International, Inc., Tampa, FL. McCabe Industrial Minerals, Incorporated, Tulsa, OK. Miami Newspapers, Inc., Dallas, TX. North American Acceptance Corporation, Costa Mesa, CA. Paxfire Inc., Sterling, VA. Piper Petroleum Company, Denver, CO. Pro-Tec Design, Inc., Plymouth, MN. Ross & Baruzzini, Inc., St. Louis, MO. Systems Task Group International Ltd., New York, NY. Taco Tico Acquisition Corp., Wichita, KS. The Gem Theater Cultural and Performing Arts Center, Inc., Kansas City, MO. Traffic & Lighting Systems, LLC, Oklahoma City, OK. Union Corrugating Company, Fayetteville, NC. United Health and Life Corporation, Hurst, TX. Village Roadshow Gold Class Cinemas LLC, Beverly Hills, CA.

Doc. No. 039126
State of Kansas

Request for Comments The Kansas Department of Health and Environment is soliciting comments regarding a proposed air quality construction permit. Kansas City Power and Light Company (KCP&L) has applied for an air quality construction permit in accordance with the provisions of K.A.R. 28-19300 to initiate an emission reduction project at its generating station in La Cygne. Emissions of oxides of nitrogen (NOx), sulfur dioxide (SO2), particulate matter equal to or less than ten (10) microns in diameter (PM10) and carbon monoxide (CO) were evaluated during the permit review process. Kansas City Power and Light, Kansas City, Missouri, proposes to initiate a SO2 and PM reduction project on Unit 1, and a NOx, SO2 and PM reduction project on Unit 2, at its La Cygne generating station located at 25166 E. 2200 Road, La Cygne, Kansas. A public comment period has been established until 5 p.m. March 14 to allow citizens the opportunity to express any concerns they may have about this proposed permitting action. All comments should be submitted in writing to Jessica Webb, KDHE, Bureau of Air, 1000 S.W. Jackson, Suite 310, Topeka, 66612-1366. Any member of the public may request a public hearing be conducted to receive comments on the proposed issuance of the draft air quality construction permit. The request for a hearing shall be in writing and shall set forth the basis for the request. Written requests to hold a public hearing should be sent to the attention of Sharon Burrell at the address listed above or faxed to (785) 291-3953 and must be received by noon March 14. Copies of the proposed permit, permit application, all supporting documentation and all information relied upon during the permit application review process are available for public review for a period of 30 days from the date of publication, during normal business hours (8 a.m. to 5 p.m.) at the KDHE, Bureau of Air. Also, a copy of only the proposed permit can be reviewed at the KDHE Southeast District Office, 1500 W. 7th, Chanute. To obtain or review the proposed permit and supporting documentation, contact Jessica Webb, (785) 296-1578, at the KDHE central office, and to review the proposed permit only, contact Doug Cole, (620) 431-2390, in the KDHE Southeast District Office. The standard departmental cost will be assessed for any copies requested. Robert P. Moser, M.D. Acting Secretary of Health and Environment
Doc. No. 039121

Doc. No. 039123
State of Kansas

02/22/2011 02/23/2011 02/23/2011 02/24/2011 02/25/2011 02/28/2011 03/03/2011 03/03/2011 03/03/2011 03/04/2011 03/04/2011 03/23/2011 EVT0000418 EVT0000405 EVT0000411 EVT0000422 EVT0000395 EVT0000403 EVT0000406 EVT0000408 EVT0000419 EVT0000415 EVT0000416 EVT0000417 LSI-R Training Tractor Truck Truck Accessories Cabin Site Work and Utilities Toronto Ice Machines Manitowac Rest Area Maintenance Newton Janitorial Services Emporia Janitorial Services Wellington Rest Area Maintenance Alexander Janitorial Services Independence Janitorial Services Fort Scott Third Party Administrator(s) for Health Plans
03/01/2011 A-011282 Sheep and Meat Goat Center Kansas State University, Manhattan
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108
State of Kansas
Kansas Register
Public Notice
Under requirements of K.S.A. 2010 Supp. 65-34,117(c), records of the Division of Accounts and Reports show the unobligated balances are $4,820,047.89 in the Underground Petroleum Storage Tank Release Trust Fund and $4,183,038.67 in the Aboveground Petroleum Storage Tank Release Trust Fund at January 31, 2011. Dennis Taylor Acting Secretary of Administration
Doc. No. 039125
State of Kansas
Notice of Amendment to the CDBG Program Action Plan The Kansas Department of Commerce, Rural Development Division, is proposing to amend the Community Development Block Grant Program Action Plan for program year 2010. The amendment is for the application and implementation of the Neighborhood Stabilization Program (NSP) 3 Action Plan. The NSP 3 Action Plan and additional program information is available on the KDOC Web site at www.kansascommerce.com. Comments on this amendment will be accepted until February 25. For additional information or to provide comments, contact the Kansas Department of Commerce, Rural Development Division, 1000 S.W. Jackson, Suite 100, Topeka, 66612, (785) 296-3004, or www.kansascommerce.com. Carole Jordan, Director Rural Development Division
Doc. No. 039113
State of Kansas

Request for Comments The Kansas Department of Health and Environment is soliciting comments regarding a revision to a previously issued air quality construction permit. Frontier El Dorado Refining Company (FEDRC) applied for an air quality construction permit in accordance with the provisions of K.A.R. 28-19-300 to construct a crude expansion project at its refinery located in El Dorado. Emission of particulate matter (PM), PM equal to or less than 10 microns in diameter (PM10), volatile organic compounds (VOCs), oxides of nitrogen (NOx), sulfur oxides (SOx) and carbon monoxide (CO) were evaluated during the permit review process. KDHE issued the construction permit for the crude expansion project September 15, 2006. The revised permit is to be issued in accordance with the provisions of K.A.R. 28-19-350, prevention of significant deterioration (PSD), which adopt the federal standards, procedures and requirements of 40 CFR 52.21 by
reference. These air quality regulations apply to major stationary emission sources located in areas designated as attainment under the federal Clean Air Act (CAA). Attainment areas are areas where the air quality meets or exceeds the national ambient air quality standards (NAAQS). The revisions proposed by FEDRC include a re-evaluation of the best available control technology (BACT) SOx emission limit set for Sulfur Recovery Unit 2 (SRU-2). There will be no increase in mass hourly emission rate of SOx as a result of the proposed revisions to the construction permit. The PSD regulations require evaluation of emission reduction techniques to identify the BACT for each pollutant for which the emission rate exceeds the PSD significant level. The purpose of BACT is to require the maximum degree of reduction achievable, taking into account energy, environmental and economic impacts for each pollutant under review. Evaluation of the estimated emissions for the proposed crude expansion project indicates that the emission rate of oxides of nitrogen, sulfur dioxide, carbon monoxide, particulate matter and volatile organic compounds all exceed the significance levels. FEDRC conducted the required BACT analyses. The department has reviewed FEDRCs BACT analyses and concurs with its findings that compliance with 40 CFR Part 60, Subpart Ja and an emission limit of 28.5 pounds of SOx per hour is the BACT for the revision to the crude expansion project. A public comment period has been established until March 14 to allow citizens the opportunity to express any concerns they may have about this proposed permitting action. All comments should be submitted in writing to James D. Stewart, KDHE, Bureau of Air, 1000 S.W. Jackson, Suite 310, Topeka, 66612-1366, or may be presented at the public hearing. Any member of the public may request a public hearing be conducted to receive comments on the proposed issuance of the draft air quality construction permit. Written requests to hold a public hearing should be sent to the attention of Sharon Burrell at the address listed above or by fax to (785) 291-3953 and must be received by 5 p.m. March 14. A copy of the proposed permit, permit application, all supporting documentation and all information relied upon during the permit application review process is available for public review for a period of 30 days from the date of publication during normal business hours (8 a.m. to 5 p.m.) at the KDHE, Bureau of Air. Also, a copy of only the proposed permit can be reviewed at the KDHE South Central District Office, 130 S. Market, Suite 6050, Wichita. To obtain or review the proposed permit and supporting documentation, contact James D. Stewart, (785) 296-1556, at the KDHE central office, and to review the proposed permit only, contact the air quality district representative at (316) 337-6042 in the KDHE South Central District Office. The standard departmental cost will be assessed for any copies requested. Robert P. Moser, M.D. Acting Secretary of Health and Environment
Doc. No. 039120
Vol. 30, No. 6, February 10, 2011
Notices
State of Kansas
Kansas Register
Public Notice No. KS-Q-11-002/012
109

Notice of Meeting The Kansas Commission on Veterans Affairs will meet at 10 a.m. Wednesday, February 23, in the Senate Room of the Jayhawk Tower, 700 S.W. Jackson, Topeka. The public is invited to attend. For more information, call (785) 296-3976. Jack Fowler Executive Director
Doc. No. 039119
The requirements of the draft permits public noticed below are pursuant to the Kansas Surface Water Quality Standards, K.A.R. 28-16-28(b-f), and Federal Surface Water Criteria:
Name and Address Receiving Type of of Applicant Stream Discharge Cedar Vale, City of Caney River via Treated Domestic P.O. Box 119 Cedar Creek Wastewater Cedar Vale, KS 67024 Kansas Permit No. M-VE05-OO01 Federal Permit No. KS0116947 Legal Description: S12, NW14, NE14, S14, T34S, R8E, Chautauqua County Name and Address Receiving Type of of Applicant Stream Discharge Severy, City of Fall River via Salt Treated Domestic P.O. Box 128 Creek Wastewater Severy, KS 67137 Kansas Permit No. M-VE34-OO01 Federal Permit No. KS0029076 Legal Description: S12, SW14, NW14, S17, T28S, R11E, Greenwood County Facility Description: The proposed action is to reissue existing permits for the operation of the above existing wastewater treatment facilities. The proposed permits contain limits for biochemical oxygen demand and total suspended solids, as well as monitoring for ammonia, E. coli and pH. Name and Address Receiving Type of of Applicant Stream Discharge Jefferson County Health Perry Lake Treated Domestic Department Wastewater 1212 Walnut U.S. Highway 59 Oskaloosa, KS 66066 Kansas Permit No. M-KS56-OO06 Federal Permit No. KS0093173 Legal Description: SE14, NE14, S29, T10S, R18E, Jefferson County Name and Address Receiving Type of of Applicant Stream Discharge Oskaloosa, City of Slough Creek via Treated Domestic P.O. Box 446 Unnamed Tributary Wastewater Oskaloosa, KS 66066 Kansas Permit No. M-KS54-OO01 Federal Permit No. KS0046442 Legal Description: SE14, NE14, S33, T9S, R19E, Jefferson County Facility Description: The proposed action is to reissue existing permits for the operation of the above existing wastewater treatment facilities. The proposed permits contain limits for biochemical oxygen demand and total suspended solids, as well as monitoring for ammonia, E. coli, total phosphorus, nitrate+nitrite, total Kjeldahl nitrogen, total nitrogen and pH. Name and Address Receiving Type of of Applicant Stream Discharge Edna, City of Deer Creek Treated Domestic P.O. Box 190 Wastewater Edna, KS 67342 Kansas Permit No. M-VE12-OO01 Federal Permit No. KS0024759 Legal Description: SW14, SW14, NE14, S30, T34S, R19E, Labette County Name and Address Receiving Type of of Applicant Stream Discharge Mound Valley, City of Pumpkin Creek via Treated Domestic P.O. Box 164 Unnamed Tributary Wastewater Mound Valley, KS 67354 Kansas Permit No. M-VE28-OO01 Federal Permit No. KS0116980 Legal Description: SE14, SE14, NE14, S14, T33S, R18E, Labette County Facility Description: The proposed action is to reissue existing permits for the operation of the above existing wastewater treatment facilities. The proposed permits contain limits for biochemical oxygen (continued)
State of Kansas

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State of Kansas

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demand and total suspended solids, as well as monitoring for ammonia, E. coli, total recoverable copper and pH. Name and Address Receiving Type of of Applicant Stream Discharge Bison, City of Walnut Creek via Treated Domestic P.O. Box 371 Sand Creek via Wastewater Bison, KS 67520 Unnamed Tributary Kansas Permit No. M-UA04-OO01 Federal Permit No. KS0116688 Legal Description: SW14, SW14, NE14, S3, T18S, R17W, Rush County Facility Description: The proposed action is to reissue an existing permit for the operation of an existing wastewater treatment facility. The proposed permits contain limits for biochemical oxygen demand and total suspended solids, as well as monitoring for ammonia, E. coli, total phosphorus, sulfates and pH. Name and Address Receiving Type of of Applicant Stream Discharge Chautauqua, City of Turkey Creek Treated Domestic P.O. Box 256 Wastewater Chautauqua, KS 67334 Kansas Permit No. M-VE06-OO01 Federal Permit No. KS0083291 Legal Description: NE14, S11, T35S, R11E, Chautauqua County Facility Description: The proposed action is to reissue an existing permit for the operation of an existing wastewater treatment facility. The proposed permit contains limits for biochemical oxygen demand and total suspended solids, as well as monitoring for ammonia, E. coli, wastewater treatment pond level, discharge occurrence and pH. Name and Address Receiving Type of of Applicant Stream Discharge Dillons Stores Gypsum Creek via Groundwater 2700 E. 4th City Storm Sewer Remediation Hutchinson, KS 67501 Project Kansas Permit No. I-AR94-PO11 Federal Permit No. KS0098728 Facility Name: Dillons Store #20 Facility Location: 7707 E. Central, Wichita, KS 67206 Facility Description: The proposed action is to reissue an existing permit for a groundwater remediation project. This is a grocery store located in an historic oil field area. Crude oil impacted groundwater is pumped and treated in a settling tank, oil-water separator, air stripper and a 100-pound carbon vessel to discharge. Average daily discharge is about 200 gallons. The proposed permit contains limits for benzene, total petroleum hydrocarbons (gasoline range and diesel range organics) and monitoring of effluent flow. Name and Address Receiving Type of of Applicant Stream Discharge Ransom City of Walnut Creek via Treated Domestic P.O. Box 207 Bazine Dry Creek Wastewater Ransom, KS 67572 Kansas Permit No. M-UA34-OO01 Federal Permit No. KS0031453 Legal Description: E12, SE14, SE14, S26, T16S, R24W, Ness County Facility Description: The proposed action is to reissue an existing permit for the operation of an existing wastewater treatment facility. The proposed permit contains limits for biochemical oxygen demand and total suspended solids, as well as monitoring for ammonia, E. coli, sulfates, total recoverable selenium, water level in final cell and pH. Name and Address Receiving Type of of Applicant Stream Discharge Southwest Butler Quarry Walnut River via Pit Dewatering LLC Unnamed Tributary & Stormwater 9423 S.W. 165th St. Run-off Augusta, KS 67010 Kansas Permit No. I-WA07-PO02 Federal Permit No. KS0089192 Legal Description: NW14, S29, T28S, R4E, Butler County Facility Description: This is a limestone quarrying and crushing operation with no washing. Outfalls 001 and 002 consist of pit drainage and stormwater runoff. Discharge through Outfall 002 is treated by a sedimentation pond. The proposed permit requires monitoring for sulfates.
Public Notice No. KS-NQ-11-001 The requirements of the draft permits public noticed below are pursuant to the Kansas Surface Water Quality Standards, K.A.R. 28-16-28(b-f):
Name and Address Legal Receiving of Applicant Description Water Payne Oil Company SW14, SE14, S32, Nonoverflowing P.O. Box 671 T22S, R1E, Harvey Salina, KS 67402 County Kansas Permit No. C-LA13-NO08 Federal Tracking No. KSJ000553 Facility Description: This action consists of renewing an existing Kansas Water Pollution Control Permit for an existing facility. Discharge of wastewater from this treatment facility to surface waters of the state of Kansas is prohibited by this permit. Included in this permit is a schedule of compliance requiring the permittee to obtain the services of a KDHE-certified wastewater treatment plant operator to achieve compliance with this permit.
Persons wishing to comment on the draft documents and/or permit applications must submit their comments in writing to the Kansas Department of Health and Environment if they wish to have the comments considered in the decision-making process. Comments should be submitted to the attention of the Livestock Waste Management Section for agricultural-related draft documents or applications, or to the Technical Services Section for all other permits, at the Kansas Department of Health and Environment, Division of Environment, Bureau of Water, 1000 S.W. Jackson, Suite 420, Topeka, 66612-1367. All comments regarding the draft documents or application notices received on or before March 12 will be considered in the formulation of the final determinations regarding this public notice. Please refer to the appropriate Kansas document number (KS-Q-11-002/012, KS-NQ-011001) and name of the applicant/permittee when preparing comments. After review of any comments received during the public notice period, the Secretary of Health and Environment will issue a determination regarding final agency action on each draft document/application. If response to any draft document/application indicates significant public interest, a public hearing may be held in conformance with K.A.R. 28-16-61 (28-46-21 for UIC). All draft documents/applications and the supporting information including any comments received are on file and may be inspected at the offices of the Kansas Department of Health and Environment, Bureau of Water. These documents are available upon request at the copying cost assessed by KDHE. Application information and components of plans and specifications for all new and expanding swine facilities are available on the Internet at http://www.kdheks.gov/feedlots. Division of Environment offices are open from 8 a.m. to 5 p.m. Monday through Friday, excluding holidays. Robert P. Moser, M.D. Acting Secretary of Health and Environment
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Notice to Consulting Engineers The Kansas Department of Transportation is seeking qualified consulting engineering firms or teams, prequalified in Category 336 Right of Way Services, for on-call services with project scopes as listed below. A pdf (1Mb maximum size) of the interest response must be e-mailed to David J. Nagy, P.E., Assistant to the Bureau Chief of Design/Contracts Engineer, at DavidN@ksdot.org. Interest responses shall be limited to four pages, the pdf file name and the subject line of the e-mail must read Firm Name On-Call ROW LOI, and the pdf must be received by noon February 17 for the consulting engineering firm or team to be considered. ROW On-Call Services These services will include a variety of functions associated with development of the Existing Highway Right of Way Features and Preparation of the Proposed Highway Right of Way. The Bureau of Right of Way will assist in the activities between the consultant and the Bureau of Design to expedite the consultants development of the existing highway right features and preparation of the legal description(s) for the proposed highway right of way. The consultant shall use electronic data processing techniques in the preparation of the legal description(s) for the existing and proposed highway right of way, and said data files shall be organized as described in KDOTs Graphic Standards Manuals and conform to the CAD Conform standards. The consultant shall deliver the electronic CADD files in the most current version of Microstation and conform to standard practices as described in the Bureau of Right of Way Engineering Section Manual. The Bureau of Right of Way may provide the consultant with the following items as they become available in the course of the project development: Field survey notes; project plans; strip map with tracts enumerated; certificates of title; available graphic files in the form of an Intergraph CADD design file in the most current version of Microstation; and the proper time for coordination with the Bureau of Design in establishing final right of way. The Consultant Shortlist Committee will select several of the most highly qualified firms expressing interest and schedule an individual interview. The consulting firms can more thoroughly discuss their qualifications, experience related to project(s), their approach to general project(s) design work, available schedule, and the personnel qualifications at the interview. Firms not selected to be short-listed will be notified. Categories may be viewed at www.ksdot.org/divengdes/prequal. The Consultant Selection Committee, appointed by the Secretary of Transportation, will conduct the discussions with the firms invited to the individual interview conferences. The committee will select several firms based on qualifications to perform the professional services required for completing projects on an on-call basis. After the selection, the firms not selected will be notified of the outcome. It is KDOTs policy to use the following criteria as the basis for selection of the consulting engineering firms:
1. Size and professional qualifications. 2. Experience of staff. 3. Location of firm with respect to proposed project(s). 4. Work load of firm. 5. Firms performance record. The firms accounting systems must have the following capabilities before the firm may be awarded a contract: Valid, reliable and current costs must be available within the system to support cost and pricing data. Capability to provide a means of measuring the reasonableness of incurred costs. Capability to identify and accumulate allowable costs by contract or project records that will reconcile with the general ledger. Ability to provide supporting documentation of actual expenditures for each billing, based on costs. For more information, contact David Nagy at DavidN@ksdot.org. Deb Miller Secretary of Transportation
Doc. No. 039083
State of Kansas

Permanent Administrative Regulations Article 1.DISEASES 28-1-27. HIV screening guidelines. (a) Adoption by reference. The HIV screening guidelines for each pregnant woman and newborn child whose HIV status is unknown shall be the section titled recommendations for pregnant women on pages 11 through 14 in the centers for disease control and preventions document titled revised recommendations for HIV testing of adults, adolescents, and pregnant women in health-care settings, dated September 22, 2006. This section is hereby adopted by reference, except as specified in subsection (b). (b) Deletions. In the portion titled universal opt-out screening, the following text shall be deleted: (1) The words oral or in the following sentence: Pregnant women should receive oral or written information that includes an explanation of HIV infection, a description of interventions that can reduce HIV transmission from mother to infant, and the meanings of positive and negative test results and should be offered an opportunity to ask questions and to decline testing; and (2) the following sentence: No additional process or written documentation of informed consent beyond what is required for other routine prenatal tests should be required for HIV testing. (Authorized by and implementing K.S.A. 2010 Supp. 65-6018; effective Feb. 25, 2011.) Robert P. Moser, M.D. Acting Secretary of Health and Environment
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AGENCY 1: DEPARTMENT OF ADMINISTRATION Reg. No. 1-2-64 1-2-65 1-7-3 1-7-4 1-7-6 1-7-7 1-7-10 1-7-11 1-7-12 1-14-8 1-16-8 1-16-15 1-16-18 1-16-18a 1-16-20 1-65-1 1-66-1 1-66-2 1-66-3 1-67-1 1-67-2 1-67-3 1-68-1 1-68-2 Reg. No. 3-3-1 3-3-1 3-3-2 3-3-2 3-4-1 3-4-2 3-4-4 3-4-5 3-4-6 3-4-7 Action New New Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended New New New New New New New New New Action Amended (T) Amended Amended (T) Amended Amended Amended Amended Amended Revoked Amended Register V. 28, p. 1338 V. 28, p. 1338 V. 28, p. 1338 V. 28, p. 1338 V. 28, p. 1339 V. 28, p. 1339 V. 28, p. 1339 V. 28, p. 1340 V. 28, p. 1340 V. 28, p. 1341 V. 29, p. 676 V. 29, p. 677 V. 29, p. 677 V. 29, p. 678 V. 29, p. 680 V. 30, p. 44 V. 30, p. 44 V. 30, p. 45 V. 30, p. 45 V. 30, p. 45 V. 30, p. 45 V. 30, p. 45 V. 30, p. 45 V. 30, p. 46 Register V. 27, p. 1091 V. 27, p. 1517 V. 29, p. 702 V. 30, p. 9 V. 28, p. 1716 V. 28, p. 1716 V. 28, p. 1716 V. 28, p. 1717 V. 28, p. 1717 V. 28, p. 1717
Kansas Register
4-10-4a through 4-10-4f 4-10-5a 4-10-6 4-10-6a 4-10-6b 4-10-7 4-10-10 4-10-15 4-10-16 4-10-17 4-13-1 4-13-2 4-13-3 4-13-9 4-13-11 4-13-13 4-13-14 4-13-16 4-13-17 4-13-18 4-13-20 4-13-21 4-13-22 4-13-23 4-13-24 4-13-25 4-13-25b through 4-13-25h 4-13-25i 4-13-25j 4-13-25k 4-13-25l 4-13-25m 4-13-30 4-13-33 4-13-40 4-13-41 4-13-42 4-13-60 4-13-61 4-13-62 4-13-64 4-13-65 4-15-5 4-15-11 4-15-12 4-15-13 4-15-14 4-16-1a 4-16-1c 4-16-7a 4-16-300 4-16-301 4-16-302 4-16-303 4-16-304 4-16-305 4-17-300 4-17-301 4-17-302 4-17-303 4-17-304 4-17-305 4-20-11 4-27-1 through 4-27-22 4-28-1 4-28-2 4-28-5 4-28-8 through 4-28-16 4-28-8 4-28-11 4-28-12 4-28-18 through 4-28-30 New Amended Revoked New New Amended New Revoked Amended Revoked Amended Amended Amended Amended Revoked Amended Amended Amended Amended Amended Amended Amended Revoked Amended Amended Amended Amended Revoked Amended Amended Amended New Amended Amended Amended Revoked Revoked Amended Revoked Amended Amended Amended Amended Amended Revoked Amended Amended Amended Amended Amended Amended Revoked Amended Amended Amended Amended Amended Revoked Amended Amended Amended Amended Amended New Amended Amended Amended New Amended Amended Amended New V. 29, p. 256-258 V. 29, p. 258 V. 29, p. 259 V. 29, p. 259 V. 29, p. 259 V. 29, p. 259 V. 29, p. 260 V. 29, p. 260 V. 29, p. 260 V. 29, p. 261 V. 27, p. 186 V. 29, p. 69 V. 29, p. 69 V. 29, p. 71 V. 27, p. 188 V. 27, p. 188 V. 29, p. 71 V. 29, p. 71 V. 29, p. 72 V. 29, p. 72 V. 29, p. 72 V. 29, p. 72 V. 29, p. 72 V. 29, p. 72 V. 29, p. 72 V. 29, p. 1242 V. 29, p. 1243-1245 V. 29, p. 1246 V. 29, p. 1246 V. 29, p. 1246 V. 29, p. 1247 V. 29, p. 1247 V. 29, p. 72 V. 29, p. 73 V. 27, p. 1023 V. 27, p. 1023 V. 27, p. 1023 V. 27, p. 1023 V. 27, p. 1023 V. 29, p. 73 V. 27, p. 1023 V. 27, p. 1024 V. 28, p. 690 V. 27, p. 1024 V. 27, p. 1024 V. 27, p. 1024 V. 27, p. 1024 V. 27, p. 1741 V. 27, p. 1742 V. 27, p. 1024 V. 27, p. 1025 V. 27, p. 1025 V. 27, p. 1025 V. 27, p. 1025 V. 27, p. 1025 V. 27, p. 1025 V. 27, p. 1026 V. 27, p. 1026 V. 27, p. 1026 V. 27, p. 1026 V. 27, p. 1026 V. 27, p. 1027 V. 27, p. 1027 V. 29, p. 706-720 V. 29, p. 720 V. 29, p. 720 V. 27, p. 1742 V. 27, p. 191-195 V. 29, p. 721 V. 29, p. 722 V. 29, p. 722 V. 29, p. 723-725
AGENCY 5: DEPARTMENT OF AGRICULTUREDIVISION OF WATER RESOURCES Reg. No. 5-1-1 5-1-2 5-1-4 5-1-7 5-1-9 5-2-4 5-3-3 5-3-4 5-3-4a 5-3-5d 5-3-16 5-3-23 5-3-23 5-4-1 5-4-1a 5-4-2 5-5-6c 5-5-13 5-5-14 5-6-2 5-6-5 5-7-1 5-7-4 5-9-1a through 5-9-1d 5-14-3 5-14-3a 5-14-10 5-17-2 5-20-1 5-20-2 5-22-7 5-25-5 5-25-15 5-40-24 5-45-1 5-45-4 5-45-19 through 5-45-23 Reg. No. 7-16-1 (T) 7-16-1 7-16-2 7-17-1 7-17-4 7-17-11 7-17-19 7-17-21 7-17-22 7-17-24 7-21-1 7-21-2 7-21-3 7-21-4 7-23-13 7-37-2 7-38-2 7-41-1 through 7-41-7 7-41-8 7-41-9 7-41-10 through 7-41-17 7-41-18 through 7-41-29 7-41-30 7-41-31 7-41-32 7-41-33 7-41-34 7-41-35 7-45-1 7-45-2 Action Amended Amended Amended Amended Amended New Amended Amended Amended Amended Amended Amended (T) Amended Amended New New New Amended Amended Amended Amended Amended Amended New Amended New Amended Amended New New Amended Amended Amended Amended Amended Amended New Action Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked New Revoked Revoked Revoked Amended Revoked Revoked Amended Revoked Amended Revoked Amended Amended New New New New Register V. 27, p. 1549 V. 27, p. 1553 V. 29, p. 652 V. 27, p. 1553 V. 29, p. 653 V. 27, p. 1554 V. 27, p. 1554 V. 27, p. 1555 V. 28, p. 241 V. 27, p. 1555 V. 27, p. 1555 V. 29, p. 1338 V. 29, p. 1598 V. 29, p. 1476 V. 29, p. 1477 V. 27, p. 1556 V. 27, p. 1556 V. 27, p. 1556 V. 27, p. 1557 V. 27, p. 1557 V. 27, p. 1557 V. 29, p. 653 V. 28, p. 1715 V. 27, p. 1557, 1558 V. 28, p. 241 V. 28, p. 242 V. 27, p. 1558 V. 29, p. 654 V. 28, p. 1317 V. 28, p. 1318 V. 29, p. 596 V. 29, p. 1598 V. 29, p. 654 V. 27, p. 1438 V. 27, p. 1439 V. 27, p. 1440 V. 27, p. 1441, 1442 Register V. 29, p. 1115 V. 29, p. 1281 V. 27, p. 1548 V. 27, p. 965 V. 27, p. 966 V. 27, p. 966 V. 27, p. 966 V. 27, p. 966 V. 27, p. 966 V. 27, p. 967 V. 27, p. 967 V. 27, p. 967 V. 27, p. 967 V. 27, p. 967 V. 27, p. 968 V. 27, p. 968 V. 27, p. 968 V. 28, p. 193-195 V. 28, p. 195 V. 28, p. 195 V. 28, p. 195, 196 V. 28, p. 196 V. 28, p. 196 V. 28, p. 196 V. 28, p. 196 V. 28, p. 197 V. 28, p. 197 V. 28, p. 197 V. 27, p. 968 V. 27, p. 968
AGENCY 4: DEPARTMENT OF AGRICULTURE Reg. No. 4-3-47 4-6-1 4-6-2 4-6-3 4-7-213 4-7-716 4-7-900 4-7-901 4-7-902 4-7-903 4-7-904 4-10-1 4-10-1a 4-10-1b 4-10-2a through 4-10-2d 4-10-2e 4-10-2f through 4-10-2k 4-10-4 Action Amended (T) Amended Amended New Amended Amended Amended Revoked Amended Amended Amended Amended New New Revoked Amended Revoked Revoked Register V. 30, p. 25 V. 28, p. 1594 V. 28, p. 1594 V. 27, p. 1741 V. 29, p. 1023 V. 29, p. 1023 V. 27, p. 1022 V. 27, p. 1022 V. 27, p. 1022 V. 27, p. 1023 V. 27, p. 1023 V. 29, p. 254 V. 29, p. 255 V. 29, p. 255 V. 29, p. 255 V. 29, p. 255 V. 29, p. 256 V. 29, p. 256
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AGENCY 9: ANIMAL HEALTH DEPARTMENT Reg. No. 9-7-4 9-7-4 9-27-1 Action Amended (T) Amended Amended Register V. 29, p. 703 V. 29, p. 1336 V. 29, p. 1337 17-25-1
Kansas Register
New V. 27, p. 356 AGENCY 19: GOVERNMENTAL ETHICS COMMISSION Reg. No. 19-6-1 19-20-4 19-20-5 19-22-1 19-23-1 19-27-2 19-30-4 Reg. No. 22-1-1 22-1-2 22-1-3 22-6-1 22-6-2 22-6-3 22-6-4 22-6-5 22-6-6 22-6-7 22-6-8 22-6-9 22-6-12 22-6-13 22-6-14 22-6-18 through 22-6-27 22-8-13 22-10-3 22-11-6 22-11-8 22-15-7 22-18-3 22-24-3 Reg. No. 26-39-100 through 26-39-105 26-39-100 26-39-101 26-39-105 26-39-144 26-39-243 26-39-278 26-39-427 26-40-301 through 26-40-305 26-41-101 through 26-41-106 26-41-200 through 26-41-207 26-42-101 26-42-102 26-42-104 26-42-105 26-42-200 through 26-42-207 26-43-101 through 26-43-106 26-43-200 through 26-43-207 Action Amended Amended New Amended Amended Amended Revoked Action Amended Amended Amended Amended Revoked Revoked Revoked Amended Revoked Revoked Revoked Amended Amended Revoked Revoked New Amended Amended Revoked Amended Revoked Amended Amended Action Register V. 29, p. 112 V. 27, p. 1020 V. 27, p. 1021 V. 30, p. 92 V. 30, p. 92 V. 27, p. 1021 V. 30, p. 92 Register V. 30, p. 46 V. 30, p. 46 V. 30, p. 46 V. 27, p. 1834 V. 27, p. 1834 V. 27, p. 1834 V. 27, p. 1834 V. 27, p. 1834 V. 27, p. 1834 V. 27, p. 1835 V. 27, p. 1835 V. 27, p. 1835 V. 27, p. 1835 V. 27, p. 1835 V. 27, p. 1835 V. 27, p. 1835-1837 V. 30, p. 47 V. 30, p. 47 V. 30, p. 48 V. 30, p. 48 V. 30, p. 49 V. 30, p. 49 V. 28, p. 1367 Register 28-4-121 28-4-122 28-4-311 28-4-312 through 28-4-317 28-4-370 through 28-4-379 28-4-430 28-4-503 28-4-505 28-4-514 28-4-520 28-4-521 28-4-800 through 28-4-825 28-4-1200 through 28-4-1218 28-4-1300 through 28-4-1318 28-16-28g 28-17-6 28-17-12 28-19-200a 28-19-202 28-19-325 28-19-350 28-19-517 28-19-712 28-19-712a through 28-19-712d 28-19-713 28-19-713a through 28-19-713d 28-19-720 28-19-728 28-19-728a through 28-19-728f 28-19-735 28-19-750 28-19-750a 28-21-1 28-21-6 28-21-7 28-21-8 28-21-9 28-21-10 28-21-11 28-21-20a 28-21-21a 28-21-22a 28-21-23a 28-21-24a 28-21-25a 28-21-26a 28-21-27a 28-21-28a 28-21-29a 28-21-30a 28-21-31a 28-21-32a 28-21-33a 28-21-34a 28-21-35a 28-21-40a 28-21-41a 28-21-42a 28-21-43a 28-21-44a 28-21-50a 28-21-51a 28-21-52a 28-21-53a 28-21-54a 28-21-55a 28-21-56a New Amended Amended Revoked Revoked Amended Amended Amended Amended New New New New New Amended Amended Amended New Amended New Amended Amended New New New New Amended Revoked Revoked Amended Amended Amended Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked
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V. 27, p. 990 V. 27, p. 317 V. 27, p. 317 V. 27, p. 317, 318 V. 29, p. 1024 V. 27, p. 991 V. 29, p. 1662 V. 29, p. 1662 V. 29, p. 1663 V. 29, p. 1663 V. 29, p. 1663 V. 27, p. 318-334 V. 28, p. 1426-1437 V. 29, p. 1024-1032 V. 29, p. 181 V. 28, p. 1809 V. 28, p. 1809 V. 29, p. 1634 V. 29, p. 1509 V. 29, p. 1634 V. 29, p. 1635 V. 29, p. 1510 V. 29, p. 866 V. 29, p. 867 V. 29, p. 867 V. 29, p. 867, 868 V. 29, p. 1510 V. 29, p. 1511 V. 29, p. 1511 V. 29, p. 1511 V. 29, p. 1511 V. 29, p. 1511 V. 29, p. 725 V. 29, p. 725 V. 29, p. 725 V. 29, p. 725 V. 29, p. 725 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726
V. 27, p. 1633, 1634 V. 27, p. 1374 V. 27, p. 1375 V. 27, p. 1376 V. 27, p. 1377 V. 27, p. 1377
V. 29, p. 1813-1815 V. 29, p. 1816 V. 29, p. 1816 V. 29, p. 1816
AGENCY 17: OFFICE OF THE STATE BANK COMMISSIONER Reg. No. 17-24-2 17-24-3 17-24-4 17-24-5 17-24-6 Action Amended Amended Amended New New Register V. V. V. V. V. 28, 28, 28, 28, 28, p. p. p. p. p. 1371 1371 1371 1373 1373
AGENCY 28: DEPARTMENT OF HEALTH AND ENVIRONMENT Reg. No. 28-1-20 28-4-92 28-4-92 28-4-117 28-4-120 Action Amended Amended (T) Amended Amended Amended Register V. 27, p. 989 V. 29, p. 1348 V. 29, p. 1705 V. 27. p. 990 V. 27, p. 990
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28-21-57a 28-21-58a 28-21-59a 28-21-60a 28-21-61a 28-21-62a 28-21-63 28-21-64 28-21-70a 28-21-71a 28-21-72a 28-21-82 through 28-21-85 28-23-4 28-23-9 28-23-10 28-23-16 28-23-20 through 28-23-24 28-23-26 through 28-23-32 28-23-34 through 28-23-36 28-23-41 through 28-23-55 28-23-70 28-23-71 28-23-73 28-23-75 28-23-78 through 28-23-80 28-29-501 28-32-1 28-32-2 28-32-4 28-32-5 28-32-6 28-32-7 28-32-8 through 28-32-14 28-36-30 28-36-31 28-36-33 through 28-36-49 28-36-70 through 28-36-89 28-36-101 through 28-36-109 28-38-18 28-38-19 28-38-21 28-38-22 28-38-23 28-38-29 28-39-145a 28-39-146 28-39-147 28-39-148 28-39-162 28-39-162a 28-39-162b 28-39-162c 28-39-164 through 28-39-168 28-39-240 through 28-39-253 28-39-275 through 28-39-288 28-39-425 through 28-39-436 Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked New Revoked Revoked Revoked Revoked Revoked Revoked New Revoked Revoked Revoked Revoked Revoked Amended Amended Amended Amended Amended Amended Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Amended Revoked Revoked Revoked V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 27, p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 191
Kansas Register
28-43-1 through 28-43-11 28-45b-1 through 28-45b-28 28-46-1 28-46-2a 28-46-3 through 28-46-22 28-46-27 28-46-28 28-46-29 28-46-29a 28-46-30 28-46-30a 28-46-30b 28-46-31 28-46-33 28-46-34 28-46-35 28-46-40 28-46-41 28-46-44 28-46-45 28-53-1 through 28-53-5 28-59-5 28-61-1 28-61-2 28-61-5 28-61-8 28-61-11 28-70-4 28-72-1 28-72-1a 28-72-1c 28-72-1d 28-72-1e 28-72-1g 28-72-1h 28-72-1i 28-72-1k 28-72-1l 28-72-1m 28-72-1n 28-72-1o 28-72-1p 28-72-1r 28-72-1s 28-72-1t 28-72-1v 28-72-1x 28-72-2 28-72-3 28-72-4 28-72-4a 28-72-4b 28-72-4c 28-72-5 28-72-6 28-72-6a 28-72-7 28-72-7a 28-72-8 28-72-9 28-72-10 28-72-10a 28-72-11 28-72-12 28-72-13 28-72-14 28-72-15 28-72-16 28-72-17 28-72-18 28-72-18a 28-72-18b 28-72-18c 28-72-18d 28-72-18e 28-72-19 28-72-20 Revoked New Amended Amended Amended Amended Amended Amended New Amended New New Amended Amended Amended Amended Amended Amended Amended New Amended Amended Amended Amended Amended Amended Amended New Revoked New New New New New New New New New New New New New New New New New New Amended Amended Amended Amended Revoked Amended Amended Amended New Amended New Amended Amended Amended New Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended V. 29, p. 1137 V. 28, p. 973-988 V. 29, p. 1138 V. 29, p. 1138 V. 29, p. 1139-1141 V. 29, p. 1141 V. 29, p. 1141 V. 29, p. 1141 V. 29, p. 1142 V. 29, p. 1142 V. 29, p. 1142 V. 29, p. 1144 V. 29, p. 1144 V. 29, p. 1144 V. 29, p. 1145 V. 29, p. 1145 V. 29, p. 1145 V. 29, p. 1145 V. 29, p. 1145 V. 29, p. 1145 V. 28, p. 240, 241 V. 27, p. 462 V. 29, p. 419 V. 29, p. 419 V. 29, p. 420 V. 29, p. 422 V. 27, p. 464 V. 28, p. 800 V., 29, p. 357 V. 29, p. 357 V. 29, p. 357 V. 29, p. 358 V. 29, p. 358 V. 29, p. 358 V. 29, p. 358 V. 29, p. 359 V. 29, p. 359 V. 29, p. 359 V. 29, p. 360 V. 29, p. 360 V. 29, p. 360 V. 29, p. 360 V. 29, p. 361 V. 29, p. 361 V. 29, p. 361 V. 29, p. 361 V. 29, p. 361 V. 29, p. 361 V. 29, p. 362 V. 29, p. 362 V. 29, p. 366 V. 29, p. 368 V. 29, p. 368 V. 29, p. 369 V. 29, p. 370 V. 29, p. 371 V. 29, p. 373 V. 29, p. 373 V. 29, p. 374 V. 29, p. 375 V. 29, p. 376 V. 29, p. 377 V. 29, p. 378 V. 29, p. 378 V. 29, p. 379 V. 29, p. 379 V. 29, p. 380 V. 29, p. 380 V. 29, p. 381 V. 29, p. 382 V. 29, p. 383 V. 29, p. 384 V. 29, p. 384 V. 29, p. 385 V. 29, p. 386 V. 29, p. 387 V. 29, p. 387 28-72-21 28-72-22 28-72-51 28-72-52 28-72-53 28-73-1
Amended Amended Amended Amended Amended Amended V. 29, p. 387 V. 29, p. 388 V. 29, p. 388 V. 29, p. 389 V. 29, p. 389 V. 28, p. 74
V. 29, p. 727 V. 28, p. 1809 V. 27, p. 247 V. 27, p. 247 V. 27, p. 247 V. 27, p. 247 V. 27, p. 247 V. 27, p. 247 V. 27, p. 247-249 V. 29, p. 727 V. 29, p. 727 V. 27, p. 73 V. 29, p. 727 V. 29, p. 727 V. 27, p. 1742 V. 27, p. 1743 V. 27, p. 1743 V. 27, p. 1744 V. 27, p. 1744 V. 27, p. 1745 V. 28, p. 623 V. 28, p. 623 V. 28, p. 623 V. 28, p. 623 V. 29, p. 1777 V. 29, p. 1777 V. 29, p. 1777 V. 29, p. 1777 V. 28, p. 798-800 V. 28, p. 672 V. 28, p. 672 V. 28, p. 672
V. 27, p. 1135-1138
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Kansas Register
AGENCY 65: BOARD OF EXAMINERS IN OPTOMETRY Reg. No. 65-4-3 Action Amended Register V. 29, p. 990 71-9-1 through 71-9-4 71-10-1 through 71-10-4 71-11-1 Reg. No. 74-4-7 74-4-8 74-4-9 74-4-10 74-5-2 74-5-2a 74-5-101 74-5-102 74-5-103 74-5-201 74-5-202 74-5-203 74-5-301 74-5-302 74-5-401 74-5-403 74-5-405a 74-5-406 74-6-2 74-7-4 74-11-6 74-11-7 74-12-1 74-15-2 New New New Action Amended Amended Amended Amended Amended New Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked
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V. 27, p. 1878 V. 27, p. 1879 V. 28, p. 1187 Register V. 28, p. 643 V. 29, p. 1636 V. 29, p. 1638 V. 27, p. 627 V. 29, p. 1638 V. 28, p. 646 V. 29, p. 1639 V. 28, p. 646 V. 28, p. 646 V. 28, p. 646 V. 29, p. 1639 V. 29, p. 1639 V. 28, p. 647 V. 28, p. 647 V. 28, p. 647 V. 28, p. 647 V. 28, p. 647 V. 28, p. 647 V. 29, p. 1640 V. 28, p. 648 V. 29, p. 1640 V. 29, p. 1640 V. 29, p. 1641 V. 29, p. 1641
AGENCY 49: DEPARTMENT OF LABOR Register V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. 27, 27, 27, 27, 27, 27, 27, 27, 27, 27, 27, 27, 27, 27, 27, 27, 27, 27, p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. 1466 1466 1466 1466 1466 1466 1466 1467 1467 1467 1467 1467 1467 1467 1467 1467 1467 1467
V. 29, p. 675, 676
AGENCY 67: BOARD OF EXAMINERS IN THE FITTING AND DISPENSING OF HEARING INSTRUMENTS Reg. No. 67-3-5 Reg. No. 68-1-1b 68-1-1h 68-1-3a 68-2-20 68-2-22 68-7-11 68-7-12b 68-7-14 68-7-20 68-7-21 68-11-2 68-16-3 68-18-1 68-18-2 68-18-3 68-19-1 68-20-10a 68-20-16 68-20-23 68-20-23 68-21-1 through 68-21-7 Reg. No. 69-3-8 69-11-1 Reg. No. 71-5-1 through 71-5-6 71-5-7 through 71-5-13 Action New Action Amended New Amended Amended Amended Amended Amended Amended Amended New Amended Amended New New New New Amended Amended New (T) New New Action Amended (T) Amended Action Register V. 28, p. 1187 Register V. 29, p. 465 V. 28, p. 1491 V. 28, p. 1491 V. 28, p. 1765 V. 28, p. 1491 V. 29, p. 1053 V. 27, p. 1518 V. 28, p. 1492 V. 27, p. 435 V. 29, p. 465 V. 27, p. 1518 V. 28, p. 342 V. 27, p. 1857 V. 27, p. 1857 V. 27, p. 1858 V. 28, p. 342 V. 29, p. 466 V. 28, p. 1561 V. 27, p. 1709 V. 28, p. 192 V. 29, p. 1417-1420 Register V. 28, p. 923 V. 28, p. 298 Register
AGENCY 82: STATE CORPORATION COMMISSION Reg. No. 82-1-219 82-3-101a 82-3-107 82-3-108 82-3-111 82-3-135a 82-3-135b 82-3-138 82-3-311a 82-3-402 82-3-1100 through 82-3-1120 82-4-2 82-4-3a through 82-4-3d 82-4-3a 82-4-3d Action Amended New Amended Amended Amended Amended Amended Amended New Amended New Amended Amended Amended Amended Register V. 29, p. 1099 V. 29, p. 1508 V. 27, p. 1518 V. 27, p. 1519 V. 27, p. 1520 V. 27, p. 1521 V. 27, p. 1521 V. 27, p. 1521 V. 29, p. 181 V. 27, p. 1521 V. 29, p. 182-190 V. 29, p. 1443 V. 28, p. 1373-1385 V. 29, p. 1443 V. 29, p. 1444
Revoked New
V. 29, p. 1593 V. 29, p. 1593-1597
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82-4-3e 82-4-3f through 82-4-3m 82-4-3f 82-4-3n 82-4-3o 82-4-6a 82-4-8h 82-4-20 82-4-21 82-4-22 82-4-23 82-4-24a 82-4-26 82-4-26a 82-4-27 82-4-27a 82-4-27c 82-4-27e 82-4-28 82-4-28a 82-4-28b 82-4-30a 82-4-30a 82-4-31 82-4-32 82-4-33 82-4-35 82-4-35a 82-4-37 82-4-40 82-4-42 82-4-48 82-4-48a 82-4-53 82-4-54 82-4-55 82-4-56a 82-4-57 82-4-58 82-4-62 82-4-63 82-4-65 82-4-77 82-11-4 82-11-10 82-14-1 through 82-14-5 82-14-6 82-16-1 through 82-16-6 82-17-1 through 82-17-5 Revoked Amended Amended New New Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked Revoked Revoked Amended (T) Amended Revoked Amended Amended Amended Amended Revoked Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked Amended Amended Amended Amended Amended Amended New New New V. 28, p. 1386 V. 28, p. 1386-1397 V. 29, p. 1390 V. 29, p. 1444 V. 29, p. 1445 V. 29, p. 1446 V. 29, p. 1446 V. 28, p. 1397 V. 29, p. 1446 V. 29, p. 1446 V. 29, p. 1447 V. 29, p. 1447 V. 29, p. 1447 V. 29, p. 1447 V. 29, p. 1447 V. 29, p. 1448 V. 29, p. 1448 V. 29, p. 1449 V. 29, p. 1449 V. 29, p. 1449 V. 29, p. 1449 V. 29, p. 702 V. 29, p. 1392 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1451 V. 29, p. 1451 V. 29, p. 1451 V. 29, p. 1452 V. 29, p. 1452 V. 29, p. 1452 V. 29, p. 1453 V. 29, p. 1453 V. 29, p. 1453 V. 29, p. 1453 V. 29, p. 1453 V. 29, p. 1454 V. 28, p. 917 V. 28, p. 922 V. 28, p. 967-971 V. 28, p. 972 V. 29, p. 1598-1601 V. 29, p. 1136, 1137 88-29-8a 88-29-8a 88-29-8b 88-29-8b 88-29-9 88-29-9 88-29-11 88-29-11 88-29-12 88-29-12 88-29-18 88-29-18 88-29-19 88-29-19
Kansas Register
New (T) New New (T) New Amended (T) Amended Amended (T) Amended Amended (T) Amended Amended (T) Amended Amended (T) Amended V. 28, p. 1103 V. 28, p. 1563 V. 28, p. 1104 V. 28, p. 1564 V. 28, p. 1104 V. 28, p. 1564 V. 28, p. 1105 V. 28, p. 1565 V. 28, p. 1106 V. 28, p. 1566 V. 28, p. 1107 V. 28, p. 1567 V. 28, p. 1108 V. 28, p. 1568 Reg. No. 94-2-1 through 94-2-21 94-3-1 94-3-1 94-3-2 94-3-2 94-4-1 94-4-1 94-4-2 94-4-2 94-5-1 through 94-5-25
AGENCY 94: COURT OF TAX APPEALS Action Register
AGENCY 99: DEPARTMENT OF AGRICULTUREDIVISION OF WEIGHTS AND MEASURES Reg. No. 99-25-1 99-25-5 99-25-9 99-25-11 99-25-12 99-26-1 99-27-2 99-27-3 99-27-4 99-27-5 Reg. No. 100-11-1 100-22-8 100-22-8a 100-28a-1 100-28a-2 100-28a-10 100-29-1 100-29-3a 100-29-16 100-49-4 100-54-1 100-54-4 100-54-8 100-55-1 Action Amended Amended Amended New New Amended Amended Revoked Amended Amended Action Amended Revoked New Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Register V. 29, p. 1242 V. 29, p. 1242 V. 27, p. 108 V. 27, p. 109 V. 29, p. 1242 V. 28, p. 522 V. 27, p. 1019 V. 27, p. 1019 V. 27, p. 1019 V. 27, p. 1019 Register V. 29, p. 650 V. 27, p. 357 V. 27, p. 357 V. 28, p. 112 V. 28, p. 1736 V. 28, p. 572 V. 29, p. 598 V. 28, p. 1737 V. 28, p. 1060 V. 29, p. 651 V. 28, p. 1594 V. 27, p. 209 V. 28, p. 1595 V. 29, p. 704
AGENCY 84: PUBLIC EMPLOYEE RELATIONS BOARD Reg. No. 84-2-1 Reg. No. 86-3-19 86-3-19 86-3-30 86-3-30 Reg. No. 88-24-1 88-28-6 88-29-1 88-29-1 88-29-4 88-29-4 88-29-5 88-29-5 88-29-7 88-29-7 88-29-8 88-29-8 Action Amended Action Amended (T) Amended New (T) New Action Amended Amended Amended (T) Amended Amended (T) Amended Amended (T) Amended Amended (T) Amended Amended (T) Amended Register V. 28, p. 872 Register V. 27, p. 1090 V. 27, p. 1517 V. 27, p. 1091 V. 27, p. 1517 Register V. 29, p. 1415 V. 29, p. 408 V. 28, p. 1101 V. 28, p. 1561 V. 28, p. 1102 V. 28, p. 1562 V. 28, p. 1103 V. 28, p. 1563 V. 28, p. 1103 V. 28, p. 1563 V. 28, p. 1103 V. 28, p. 1563
Vol. 30, No. 6, February 10, 2011
100-55-4 100-55-7 100-55-9 100-69-1 100-69-2 100-69-10 100-69-12 100-72-1 100-72-2 100-72-7 100-73-1 100-73-1 100-73-2 100-73-9 Amended Amended Amended Amended Revoked Amended New Amended Amended Amended Amended (T) Amended Amended Amended V. 27, p. 209 V. 29, p. 651 V. 28, p. 572 V. 27, p. 1672 V. 27, p. 1672 V. 28, p. 572 V. 29, p. 704 V. 28, p. 112 V. 29, p. 705 V. 28, p. 273 V. 28, p. 923 V. 28, p. 1282 V. 29, p. 598 V. 27, p. 315 109-11-3 109-11-4 109-11-6 109-15-1 109-15-2
Kansas Register
Amended Amended Amended New Amended Action V. 29, p. 1284 V. 29, p. 1284 V. 29, p. 1285 V. 28, p. 575 V. 29, p. 1285 Register 111-4-3012 through 111-4-3022 111-5-175 through 111-5-179 111-5-180 through 111-5-194 111-5-181 111-5-184 111-5-186 111-5-194 111-9-162 111-9-163 111-9-164 111-9-165 111-9-166 111-9-167 111-9-168 111-9-169 111-201-1 through 111-201-17 111-301-1 through 111-301-6 111-302-1 through 111-302-6 111-303-1 through 111-303-5 111-304-1 through 111-304-6 111-305-1 through 111-305-6 111-306-1 through 111-306-6 111-306-4 111-306-6 111-307-1 through 111-307-7 111-308-1 through 111-308-7 111-309-1 through 111-309-6 111-310-1 through 111-310-6 111-311-1 through 111-311-7 New New New Amended Amended Amended Amended New New New New New New New New New New New New New New New Amended Amended New New New New New
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V. 29, p. 1513-1522 V. 29, p. 157-159 V. 29, p. 222-228 V. 29, p. 1522 V. 29, p. 1523 V. 29, p. 1524 V. 29, p. 1525 V. 29, p. 229 V. 29, p. 229 V. 29, p. 230 V. 29, p. 769 V. 29, p. 1184 V. 29, p. 1526 V. 29, p. 1526 V. 29, p. 1527 V. 29, p. 73-79 V. 29, p. 79, 80 V. 29, p. 82-86 V. 29, p. 87-89 V. 29, p. 89-91 V. 29, p. 474, 475 V. 29, p. 1185-1187 V. 29, p.1260 V. 29, p. 1219 V. 29, p. 1189-1191 V. 29, p. 1261-1263 V. 29, p. 1528-1530 V. 29, p. 1530-1532 V. 29, p. 1532-1535
AGENCY 110: DEPARTMENT OF COMMERCE Reg. No. 110-4-1 through 110-4-5 110-13a-1 110-13a-2 110-13a-3 110-19-1 through 110-19-4 110-20-1 through 110-20-4
V. 30, p. 25-27 V. 27, p. 1063 V. 27, p. 1063 V. 27, p. 1064 V. 27, p. 1064, 1065 V. 27, p. 1065, 1066
AGENCY 111: KANSAS LOTTERY A complete index listing all regulations filed by the Kansas Lottery from 1988 through 2000 can be found in the Vol. 19, No. 52, December 28, 2000 Kansas Register. A list of regulations filed from 2001 through 2003 can be found in the Vol. 22, No. 52, December 25, 2003 Kansas Register. A list of regulations filed from 2004 through 2005 can be found in the Vol. 24, No. 52, December 29, 2005 Kansas Register. A list of regulations filed from 2006 through 2007 can be found in the Vol. 26, No. 52, December 27, 2007 Kansas Register. A list of regulations filed from 2008 through November 2009 can be found in the Vol. 28, No. 53, December 31, 2009 Kansas Register. The following regulations were filed after December 1, 2009: Reg. No. 111-2-30 111-2-232 111-2-233 111-2-234 111-2-235 through 111-2-240 111-2-241 111-2-242 111-2-243 through 111-2-248 111-4-2899 through 111-4-2907 111-4-2908 through 111-4-2911 111-4-2911a 111-4-2912 through 111-4-2923 111-4-2924 through 111-4-2930 111-4-2931 through 111-4-2938 111-4-2939 through 111-4-2948 111-4-2949 through 111-4-2984 111-4-2949 through 111-4-2984 111-4-2985 through 111-4-2988 111-4-2989 111-4-2990 111-4-2991 111-4-2992 through 111-4-3011 Action Amended Amended Amended New New New New New New New New New New New New New New New New New New New Register V. V. V. V. 29, 29, 29, 29, p. p. p. p. 215 215 215 746
V. 29, p. 1214, 1215 V. 29, p. 1247 V. 29, p. 1247 V. 29, p. 1512, 1513 V. 29, p. 9-14 V. 29, p. 149-152 V. 29, p. 152 V. 29, p. 153-157 V. 29, p. 216-222 V. 29, p. 467-473 V. 29, p. 569-575 V. 29, p. 746-769 V. 29, p. 746-769 V. 29, p. 1180-1183 V. 29, p. 1216 V. 29, p. 1217 V. 29, p. 1218 V. 29, p. 1248-1259
AGENCY 112: RACING AND GAMING COMMISSION Reg. No. 112-12-15 112-13-6 112-100-1 through 112-100-7 112-101-1 through 112-101-16 112-102-1 through 112-102-13 112-103-1 through 112-103-12 112-103-15 112-103-16 112-104-1 through 112-104-33 Action New New New New New New New New New Register V. 28, p. 797 V. 28, p. 376 V. 27, p. 1378 V. 28, p. 376-379 V. 28, p. 1161-1163 V. 28, p. 376-382 V. 28, p. 382 V. 28, p. 382 V. 27, p. 1378-1406
AGENCY 109: BOARD OF EMERGENCY MEDICAL SERVICES Reg. No. 109-2-9 109-3-1 109-5-1 109-5-2 109-5-3 109-5-4 109-5-5 109-5-6 109-6-1 109-6-2 109-6-3 109-10-7 109-11-1 Action Amended Amended Amended Amended Amended Revoked New New Amended Amended Revoked New Amended Register V. 28, p. 1030 V. 28, p. 1030 V. 29, p. 1281 V. 28, p. 574 V. 29, p. 1282 V. 29, p. 113 V. 27, p. 1548 V. 28, p. 575 V. 29, p. 113 V. 29, p. 113 V. 28, p. 575 V. 29, p. 113 V. 29, p. 1283
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112-104-34 through 112-104-41 112-105-1 through 112-105-7 112-106-1 through 112-106-7 112-107-1 112-107-2 112-107-3 112-107-5 112-107-6 112-107-7 112-107-9 112-107-10 112-107-11 112-107-13 through 112-107-32 112-107-34 112-108-1 through 112-108-57 112-110-1 through 112-110-13 112-111-1 through 112-111-5 112-112-1 through 112-112-9 112-113-1 112-114-1 through 112-114-6 112-114-8 through 112-114-12 112-114-14
Kansas Register
New New New New New New New New New New New New New New New New New New New New New New V. 28, p. 1457-1459 V. 27, p. 1406-1408 V. 27, p. 1408-1411 V. 28, p. 424 V. 28, p. 424 V. 28, p. 424 V. 28, p. 428 V. 28, p. 428 V. 28, p. 428 V. 28, p. 429 V. 28, p. 429 V. 28, p. 430 V. 28, p. 430-440 V. 28, p. 441 V. 28, p. 1766-1788 V. 28, p. 464-470 V. 28, 470-472 V. 27, p. 1411-1413 V. 28, p. 382 V. 28, p. 472 V. 28, p. 472, 473 V. 28, p. 473 115-7-1 115-7-2 115-7-3 115-7-8 115-7-9 115-7-10 115-8-1 115-8-6 115-8-9 115-8-10 115-8-13 115-15-1 115-15-2 115-18-7 115-18-20 115-18-21 115-20-7 Amended Amended Amended Revoked Amended New Amended Amended Amended Amended Amended Amended Amended Amended Amended New New V. 29, p. 1606 V. 27, p. 1708 V. 28, p. 1599 V. 29, p. 1607 V. 29, p. 1607 V. 28, p. 1600 V. 29, p. 1092 V. 28, p. 1600 V. 27, p. 1265 V. 27, p. 1265 V. 27, p. 112 V. 28, p. 1079 V. 28, p. 1080 V. 29, p. 659 V. 29, p. 1608 V. 27, p. 1708 V. 29, p. 659 Reg. No. 128-1-1 128-1-1 128-2-1 128-2-3 through 128-2-13 128-2-12 128-3-1 128-4-1 through 128-4-9 128-4a-1 128-5-1 128-5-2 128-6-1 128-6-2 128-6-4
AGENCY 128: DEPARTMENT OF COMMERCE KANSAS ATHLETIC COMMISSION Action New (T) New New New New (T) New New New New New New New New Register V. 27, p. 106 V. 27, p. 358 V. 27, p. 360 V. 27, p. 360-362 V. 27, p. 107 V. 27, p. 362 V. 27, p. 363-367 V. 27, p. 367 V. 27, p. 367 V. 27, p. 368 V. 27, p. 368 V. 27, p. 371 V. 27, p. 374
AGENCY 117: REAL ESTATE APPRAISAL BOARD Reg. No. 117-1-1 117-2-1 117-2-2 117-2-2a 117-3-1 117-3-2 117-3-2a 117-4-1 117-4-2 117-4-2a 117-5-2 117-5-2a 117-6-1 117-6-3 117-7-1 117-8-1 117-10-1 Action Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended New Register V. 28, p. 373 V. 29, p. 412 V. 29, p. 413 V. 28, p. 373 V. 29, p. 414 V. 29, p. 415 V. 28, p. 373 V. 29, p. 416 V. 29, p. 417 V. 28, p. 374 V. 28, p. 374 V. 28, p. 375 V. 29, p. 656 V. 29, p. 656 V. 30, p. 92 V. 29, p. 418 V. 28, p. 375
AGENCY 129: KANSAS HEALTH POLICY AUTHORITY Reg. No. 129-5-1 129-5-78 129-5-108 129-5-118 129-5-118a 129-5-118b 129-10-15a 129-10-15b 129-10-17 129-10-18 129-10-23a 129-10-23b 129-10-25 129-10-26 129-10-27 129-10-31 129-10-200 129-10-210 Action Amended Amended Amended Amended New Amended New New New New New New New New New New New New Register V. 27, p. 628 V. 28, p. 1464 V. 27, p. 1346 V. 29, p. 293 V. 29, p. 294 V. 29, p. 296 V. 27, p. 1346 V. 27, p. 1348 V. 27, p. 1348 V. 27, p. 1350 V. 27, p. 1353 V. 27, p. 1353 V. 27, p. 1354 V. 27, p. 1355 V. 27, p. 1356 V. 30, p. 92 V. 27, p. 1356 V. 27, p. 1358
AGENCY 115: DEPARTMENT OF WILDLIFE AND PARKS Reg. No. 115-2-1 115-2-3 115-2-3a 115-2-5 115-4-2 115-4-4 115-4-4a 115-4-6 115-4-6a 115-4-11 115-4-13 115-4-14 115-5-1 115-5-2 115-6-1 Action Amended Amended Amended Amended Amended Amended Amended Amended Revoked Amended Amended Revoked Amended Amended Amended Register V. 29, p. 1602 V. 29, p. 1603 V. 29, p. 1603 V. 27, p. 1265 V. 29, p. 408 V. 29, p. 658 V. 29, p. 659 V. 29, p. 409 V. 27, p. 112 V. 29, p. 67 V. 27, p. 404 V. 27, p. 112 V. 28, p. 1250 V. 28, p. 1251 V. 28, p. 1251
Vol. 30, No. 6, February 10, 2011
Kansas Register
In this issue . . .
Page
Department of RevenueDivision of Alcoholic Beverage Control Notice of date change of hearing on proposed administrative regulations ..................................... 122 Pooled Money Investment Board Notice of investment rates........................................................................................................... 123 Department of Revenue Notice of available publications................................................................................................... 123 City of Coffeyville Notice of proposed DBE Program................................................................................................ 123 Department of AdministrationDivision of Facilities Management Notice of requested architectural and engineering services ........................................................... 123 Notice of requested architectural services..................................................................................... 124 Kansas Department of Transportation Notice to contractors................................................................................................................... 124 Request for comments on the Statewide Transportation Improvement Program............................. 125 Notice to consulting engineers .................................................................................................... 125 Office of the Governor Executive Order 11-02, ordering the Citizens Utility Ratepayer Board to take on new duties and responsibilities to provide citizen input and review of proposed state agency rules and regulations ...................................................... 126 Kansas Insurance Department Notice of hearing on proposed administrative regulations ............................................................ 127 Wildlife and Parks Commission Notices of hearing on proposed administrative regulations.................................................... 127, 128 Kansas Board of Regents Universities Notice to bidders ........................................................................................................................ 128 Department of AdministrationDivision of Purchases Notice to bidders for state purchases ........................................................................................... 129 City of Galva Notice of intent to seek private placement of general obligation bonds.......................................... 129 Department of Health and Environment Request for comments on proposed air quality permit.................................................................. 129 Notice concerning water pollution control permits/applications .................................................... 130 Legislative bills and resolutions introduced February 3-9 ............................................................... 132 Temporary Administrative Regulations Board of Emergency Medical Services.......................................................................................... 138 Index to administrative regulations ................................................................................................ 145
122
State of Kansas
Kansas Register
Hearing
Department of Revenue Division of Alcoholic Beverage Control

Notice of Date Change of Hearing on Proposed Administrative Regulations The public hearing originally scheduled by the Department of Revenue at 9 a.m. Monday, February 21, has been rescheduled for 9 a.m. Monday, March 21, in the secretarys conference room, Room 230, Docking State Office Building, 915 S.W. Harrison, Topeka. This public hearing will consider the adoption of alcoholic beverage control regulations as specified below. The complete notice of public hearing that contains a summary of the proposed regulations and their economic impact can be found in the December 9, 2010 issue of the Kansas Register. Article 6.CONTAINERS AND LABELS Amendments to K.A.R. 14-6-1. Article 10.TRADE PRACTICES Amendments to K.A.R. 14-10-5. Revocation of K.A.R. 14-10-6. Revocation of K.A.R. 14-10-7. Revocation of K.A.R. 14-10-8. Revocation of K.A.R. 14-10-9. Revocation of K.A.R. 14-10-10. Amendments to K.A.R. 14-10-11. Amendments to K.A.R. 14-10-12.
Revocation of K.A.R. 14-10-13. Revocation of K.A.R. 14-10-14. Revocation of K.A.R. 14-10-15. Amendments to K.A.R. 14-10-16. Adoption of K.A.R. 14-10-17. Trade practices. Adoption of K.A.R. 14-10-20. Outdoor advertising specialty items. Adoption of K.A.R. 14-10-21. Items furnished by industry members; limits. Adoption of K.A.R. 14-10-22. Display enhancers. Adoption of K.A.R. 14-10-23. Point-of-sale advertising material. Article 13.RETAIL LIQUOR DEALER Amendments to K.A.R. 14-13-12 Article 14.MANUFACTURERS; DISTRIBUTORS; NONBEVERAGE USERS; FARM WINERIES; MICROBREWERIES Amendments to K.A.R. 14-14-6a. Adoption of K.A.R. 14-14-6b. Educational seminars. A copy of these regulations and the economic impact statement may be obtained from the Kansas Department of Revenue, Office of Policy and Research, Room 230, Docking State Office Building, 915 S.W. Harrison, Topeka, 66612-1588, or via the departments Web site at www.ksrevenue.org. Nick Jordan Secretary of Revenue
Doc. No. 039135
Vol. 30, No. 7, February 17, 2011
Notices
State of Kansas
Kansas Register
123

Doc. No. 039128
City of Coffeyville, Kansas

Notice of Proposed DBE Program The city of Coffeyville has established a Disadvantaged Business Enterprise (DBE) Program in accordance with regulations of the U.S. Department of Transportation, 49 CFR Part 26, for FFA funding at the Coffeyville Municipal Airport. The city anticipates receiving federal financial assistance from the Department of Transportation and, as a condition of receiving this assistance, the city will sign an assurance that it will comply with 49 CFR Part 26. The citys overall project-specific goal for FY 2011 is 1.81 percent of the federal financial assistance. The proposed DBE Program is available for public inspection and comment at the City Hall, 7th and Walnut, P.O. Box 1629, Coffeyville, 67337. The city will accept comments on the goals for 30 days from the date of this notice. Comments can be sent to Scott Massman, Superintendent of Engineering. Cindy Price City Clerk
Doc. No. 039146
State of Kansas
Notice of Available Publications Listed below are all the Private Letter Rulings, Opinion Letters, Final Written Determinations, Revenue Rulings, Memorandums, Property Valuation Division Directives, Q&As, Information Guides and Notices published by the Department of Revenue for January 2011. Copies can be obtained by accessing the Policy Information Library located on the Internet at www.ksrevenue.org or by calling the Office of Policy and Research at (785) 296-3081. Private Letter Rulings
No new publications
State of Kansas
Department of Administration Division of Facilities Management

Notice of Requested On-Call Architectural and On-Call Engineering Services Notice is hereby given of the commencement of the selection process for on-call architectural and on-call engineering services for small projects for the Kansas Department of Wildlife and Parks. Two architectural firms and two engineering firms will be selected. The engineering services will be for stream stabilization and restoration projects. Contracts will be for three years. For more information, contact Norm Davis, (785) 2962281. Firms interested in providing these services should be familiar with the requirements of Chapter 9 of the Building Design and Construction Manual at the Web site below. To be considered, one (1) .pdf file and one (1) bound proposal of the following should be provided: State of Kansas Professional Qualifications forms (051-054 inclusive) and information regarding similar projects. State of Kansas Professional Qualifications form 050 for each firm and consultant should be provided at the end. Proposals should be less than 5 MB and follow the current State Building Advisory Commission guidelines in Chapter 4 of the Building Design and Construction Manual at www.da.ks.gov/fp/manual.htm. Planning forms are available to firms at www.da.ks.gov/fp/ or by contacting Phyllis Fast, Division of Facilities Management, Suite 600, Landon State Office Building, 900 S.W. Jackson, Topeka, 66612, (785) 296-5796, Phyllis.Fast@da.ks.gov. Submittals shall be delivered to Phyllis Fast before noon March 4. Marilyn L. Jacobson, Director Division of Facilities Management
Doc. No. 039141
Opinion Letters
O-2010-011 Testing services performed by third-party testing laboratories. O-2011-001 Customer layaway contracts and time payments. O-2011-002 Oil well services.

No new publications
Revenue Rulings
No new publications
Notices
Un-numbered Environmental Assurance Fee adjustment notice.
Memorandums
No new publications

No new publications
Q&As
No new publications
Information Guides
Self-Audit Notice to Banks, Savings and Loan and Credit Unions.
Nick Jordan Secretary of Revenue

Doc. No. 039131
Vol. 30, No. 7, February 17, 2011
124
State of Kansas
Kansas Register
Notice of Requested Architectural Services
Notices
Notice is hereby given of the commencement of negotiations for architectural services for Fort Hays State University. The university will be selecting one firm to provide design services for a new indoor practice facility, with a total project cost of $4,000,000. The indoor practice facility would include a 65-yard, full-width, synthetic-turf field, sprint lanes, strength training room, restrooms, office and storage. The facility will be located adjacent to Lewis Field East Stadium on the main campus. A program and additional information concerning the scope of services are available from Dana Cunningham, Office of Facilities Planning, Fort Hays State University, (785) 628-4424. To be considered, one (1) .pdf file and one (1) bound proposal of the following should be provided: State of Kansas Professional Qualifications forms (051-054 inclusive) and information regarding similar projects. State of Kansas Professional Qualifications form 050 for each firm and consultant should be provided at the end. Proposals should be less than 5 MB and follow the current State Building Advisory Commission guidelines in Chapter 4 of the Building Design and Construction Manual at www.da.ks.gov/fp/manual.htm. Planning forms are available to firms at www.da.ks.gov/fp/ or by contacting Phyllis Fast, Division of Facilities Management, Suite 600, Landon State Office Building, 900 S.W. Jackson, Topeka, 66612, (785) 296-5796, Phyllis.Fast@da.ks.gov. Submittals shall be delivered to Phyllis Fast before noon March 4. Marilyn L. Jacobson, Director Division of Facilities Management
Doc. No. 039134
Johnson35-46 KA-2190-01 Slope and curb on I-35 in Johnson County, curb and gutter replacement. (State Funds) Leavenworth52 C-4258-01 County road 2.1 miles east and 3 miles north of Tonganoxie, grading, bridge and surfacing, 0.2 mile. (Federal Funds) Nemaha78-66 KA-1310-01 K-178 bridge 3.1 miles north of U.S. 36, bridge repair, 0.1 mile. (State Funds) District Two Northcentral Jewell28-45 KA-1309-01 K-28 bridge 3 miles east of the south junction of K-14, bridge repair. (State Funds) Republic148-79 KA-0903-01 K-148 culvert 7.5 miles east of U.S. 81, culvert construction. (State Funds) District Three Northwest Decatur83-20 KA-2169-01 Asphalt seal on U.S. 83 in Decatur County, seal, 12.4 miles. (State Funds) Ellis183-26 KA-2165-01 Asphalt seal on U.S. 183 in Ellis County, seal, 11.4 miles. (State Funds) Osborne24-71 KA-2203-01 U.S. 24 in Osborne County, milling and overlay, 3.9 miles. (State Funds) Phillips36-74 KA-1302-01 U.S. 36 bridge 1.4 miles east of the east junction of U.S. 183, bridge repair. (State Funds) Rooks183-82 KA-1737-01 U.S. 183 from the end of the concrete in Stockton north to the Phillips-Rooks county line, milling and overlay, 8.5 miles. (State Funds) Rooks24-82 KA-2164-01 Asphalt seal on U.S. 24 in Rooks County, seal, 18.3 miles. (State Funds) Rooks183-82 M-1975-01 U.S. 183 KDOT mixing strip 2.5 miles south of Stockton, stockpile bituminous material. (State Funds) Russell281-84 KA-0712-01 U.S. 281 west fork Wolf Creek Bridge, 0.2 mile west of Waldo, bridge replacement. (Federal Funds) Sheridan-Decatur83-106 KA-2181 U.S. 83 in Sheridan County beginning at the K-383 junction then north 0.7 mile to the Sheridan-Decatur county line; U.S. 83 in Decatur County beginning at the Sheridan-Decatur county line then north 9 miles, milling and overlay, 9.7 miles. (State Funds) Thomas97 U-2276-0 Approximately 0.2 mile north of College Drive to Fourth Street on K-25 in Colby, surfacing, 1 mile. (Federal Funds) Trego283-98 KA-2183-01 U.S. 283 in Trego County, seal, 22 miles. (State Funds) District Four Southeast Allen-Greenwood-Woodson54-106 KA-2209-01 U.S. 54 in Allen County beginning at the Allen-Woodson county line then east to the west city limits of Iola; U.S. 54 in Woodson County beginning at the east city limits of Yates Center then east to the Allen-Woodson county line; U.S. 54 in Greenwood County beginning at the east city limits of Eureka then east to the east K-99 junction, crack repair, 23.1 miles. (State Funds) Coffey75-16 KA-1998-01 U.S. 75, milling and overlay on U.S. 75 at various locations, 15.3 miles. (State Funds) Crawford146-19 KA-0907-01 K-146 bridge east of Walnut, bridge replacement. (State Funds)
State of Kansas
Notice to Contractors Sealed proposals for the construction of road and bridge work in the following Kansas counties will be received at the Bureau of Construction and Maintenance, KDOT, Topeka, or at the Eisenhower State Office Building, fourth floor west wing, 700 S.W. Harrison, Topeka, until 1 p.m. March 16 and then publicly opened: District One Northeast Atchison3 C-4408-01 County road 3 miles south of Arrington, grading, bridge and surfacing, 0.2 mile. (Federal Funds) District106 K-5925-05 Various locations in District One, signing, 348 miles. (Federal Funds) District89 KA-2199-01 Mudjacking at various locations in District One, mudjacking. (State Funds) Jackson-Pottawatomie16-106 KA-1352-01 K-16 from the west Jackson County line east to U.S. 75; south junction of K-63/K-16 east to the Pottawatomie-Jackson county line, milling and overlay, 21.5 miles. (State Funds)
Vol. 30, No. 7, February 17, 2011
Kansas Register
State of Kansas
125
Labette101-50 KA-0908-01 K-101 culvert 1.3 miles north of bridge no. 50, culvert construction. (State Funds) District Five Southcentral Barber160-4 KA-0910-01 U.S. 160 bridge 11.1 miles east of the Barber-Comanche county line, bridge replacement. (State Funds) Barton281-5 KA-2189-01 Bituminous seal project on U.S. 281 in Barton County, seal, 11.1 miles. (State Funds) Edwards50-24 KA-0715-01 U.S. 50 Arkansas River bridge 1 mile east of Kinsley, bridge replacement. (Federal Funds) Edwards50-24 KA-2002-01 U.S. 50 in Edwards County, milling and overlay, 22.7 miles. (State Funds) Harper179-39 KA-0909-01 Culverts on K-179, 4 and 4.3 miles north of the Kansas-Oklahoma state line, culvert construction. (State Funds) Sumner81-96 KA-0717-01 U.S. 81 Ninnescah River drainage bridge, 3.5 miles south of the Sedgwick-Sumner county line, bridge replacement. (Federal Funds) District Six Southwest Finney-Scott83-106 KA-2193-01 U.S. 83 in Finney County beginning at the end of the concrete pavement at the north U.S. 50 junction then north to the Finney-Scott county line; U.S. 83 in Scott county beginning at the Finney-Scott county line then north to the north city limits of Scott City, seal, 32.7 miles. (State Funds) Gray-Haskell144-106 KA-2194-01 K-144 in Gray County beginning at the Haskell-Gray county line then east to the U.S. 56 junction; K-144 in Haskell County beginning at the junction of U.S. 83 and U.S. 160 then east to the Haskell-Gray county line, seal, 16.8 miles. (State Funds) Proposals will be issued upon request to all prospective bidders who have been prequalified by the Kansas Department of Transportation on the basis of financial condition, available construction equipment and experience. Also, a statement of unearned contracts (Form No. 284) must be filed. There will be no discrimination against anyone because of race, age, religion, color, sex, handicap or national origin in the award of contracts. Each bidder shall file a sworn statement executed by or on behalf of the person, firm, association or corporation submitting the bid, certifying that such person, firm, association or corporation has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the submitted bid. This sworn statement shall be in the form of an affidavit executed and sworn to by the bidder before a person who is authorized by the laws of the state to administer oaths. The required form of affidavit will be provided by the state to each prospective bidder. Failure to submit the sworn statement as part of the bid approval package will make the bid nonresponsive and not eligible for award consideration. Plans and specifications for the projects may be examined at the office of the respective county clerk or at the KDOT district office responsible for the work. Deb Miller Secretary of Transportation
Doc. No. 039138
Request for Comments The Kansas Department of Transportation requests comments on the amendment of the Statewide Transportation Improvement Program (STIP) FY 11-14. The comprehensive list of projects being amended to the STIP may be viewed online at www.ksdot.org/publications.asp. This list includes projects for counties, cities, and projects on the State Highway System. The amendment of the STIP requires a public comment period of 14 days. To make comments on this STIP amendment, contact the Kansas Department of Transportation, Bureau of Program and Project Management, 2nd Floor Tower, Eisenhower State Office Building, 700 S.W. Harrison, Topeka, 66603-3754, (785) 296-3526, fax (785) 368-6664. This information is available in alternative accessible formats. To obtain an alternative format, contact the KDOT Bureau of Transportation Information, (785) 2963585 (Voice/Hearing Impaired-711). The comment period regarding the STIP amendment for these projects will conclude March 10. Deb Miller Secretary of Transportation
Doc. No. 039142
State of Kansas
Notice to Consulting Engineers The Kansas Department of Transportation is seeking qualified consulting engineering firms or teams, prequalified in Category 333Geotechnical Specialist, for a three-year study of all airport pavements in the state with project scope as listed below. A PDF (1MB maximum size) of the interest response must be e-mailed to David J. Nagy, P.E., Assistant to the Bureau Chief of Design/ Contracts Engineer, at DavidN@ksdot.org. Interest responses shall be limited to four pages, the PDF file name and the subject line of the e-mail must read Firm Name Cat. 333 Aviation Pavement Study LOI, and must be received by noon March 3 for the consulting engineering firm or team to be considered. Category 333 Aviation Pavement Study (AV-0011-01, AV-0012-01, AV-0013-01) The Kansas Department of Transportations Division of Aviation is seeking a service provider (consultant) to utilize methodologies approved by the Federal Aviation Administration (FAA) to perform pavement condition reports/analysis for updating airport system planning data that will be used to assist in the continued development of airport capital improvement plans. The three-year project study (AV-0011-01, AV-0012-01, AV-0013-01) of all airport pavements in the state will use MicroPAVER technology to conduct PCI inspections and report on historical data and future needs for each of the Kansas airports with paved aircraft operation surfaces. Attention should be given to construction and maintenance history, per(continued)
Vol. 30, No. 7, February 17, 2011
126
Kansas Register
Notice/Executive Order
formance models, current condition reports, and funding sources for predicted repairs. The work provided by the consultant or consultant team will be used to assist in the continued development of airport capital improvement plans and will assist airport sponsors in updating their pavement management plans, as required under their federal grant assurances. The Consultant Shortlist Committee will select several of the most highly qualified firms expressing interest and schedule an individual interview. The consulting firms can more thoroughly discuss their qualifications, experience related to project(s), their approach to general project(s) design work, available schedule and the personnel qualifications at the interview. Firms not selected to be short-listed will be notified. Categories may be viewed at www.ksdot.org/divengdes/prequal. The Consultant Selection Committee, appointed by the Secretary of Transportation, will conduct the discussions with the firms invited to the individual interview conferences. The committee will select several firms based on qualifications to perform the professional services required for completing projects on an on-call basis. After the selection, the firms not selected will be notified of the outcome. It is KDOTs policy to use the following criteria as the basis for selection of the consulting engineering firms: 1. Size and professional qualifications. 2. Experience of staff. 3. Location of firm with respect to proposed project(s). 4. Work load of firm. 5. Firms performance record. The firms accounting systems must have the following capabilities before the firm may be awarded a contract: Valid, reliable and current costs must be available within the system to support cost and pricing data. Capability to provide a means of measuring the reasonableness of incurred costs. Capability to identify and accumulate allowable costs by contract or project records that will reconcile with the general ledger. Ability to provide supporting documentation of actual expenditures for each billing, based on costs. For more information, contact David Nagy at DavidN@ksdot.org. Deb Miller Secretary of Transportation
Doc. No. 039133
State of Kansas

Executive Order 11-02 WHEREAS, the economic well-being of the great State of Kansas and the growth of liberty and economic opportunities for the citizens of Kansas and for Kansas businesses are major priorities of this Administration; and WHEREAS, the citizens of Kansas and all persons doing business in the State of Kansas have a mutual interest in a regulatory scheme that is reasonable, comprehensi Kansas Secretary of State 2011
ble, consistent, predictable, and minimally burdensome; and WHEREAS, in furtherance of this Administrations constitutional duty to supervise and direct the executive departments and agencies of state government for the purpose of carrying out the laws, regulations, and other governing instruments of the State of Kansas, I have established a new common sense approach to the task of governing in partnership with the people of Kansas; and WHEREAS, state law requires that at the time of drafting a proposed rule and regulation or amendment to an existing rule and regulation, a state agency shall consider the economic impact of such proposed rule and regulation upon the general public; NOW, THEREFORE, pursuant to the authority vested in me as Governor of the State of Kansas, I hereby order that the Citizens Utility Ratepayer Board (CURB) as established by K.S.A. 66-1222 take on new duties and responsibilities as set forth herein to provide citizen input and review of proposed state agency rules and regulations (as used in this Order, the phrase rules and regulations or derivations thereof shall have the same meaning ascribed to it by K.S.A. 77-415(d)). When exercising these duties CURB may be referred to as the Citizens Regulatory Review Board. It shall be the duty of CURB to receive proposed rules and regulations at the time set forth below and, at CURBs discretion, to review those proposed rules and regulations for their impact on the lives of Kansas citizens. After conducting this review, CURB may, in its discretion, make comment back to the Office of the Governor as described below. I hereby declare that all state entities under my jurisdiction which are authorized by law to promulgate rules and regulations concerning the administration, enforcement or interpretation of any law of this state, prior to the adoption of any permanent rule and regulation or any temporary rule and regulation which is required to be adopted as a temporary rule and regulation in order to comply with the requirements of the statute authorizing the same and after any such rule and regulation has been approved by the secretary of administration and the attorney general, shall provide the notice of intended action as described in K.S.A. 77-421 (the Notice) to CURB. The Notice shall be made at the same time as notice is required to be made to the Secretary of State pursuant to K.S.A. 77-421. A complete copy of all proposed rules and regulations and the complete economic impact statement required by K.S.A. 77-416 shall accompany the Notice sent to CURB. Upon receipt of the Notice, CURB may, in its discretion, review the proposed rules and regulations for their impact on the citizens of Kansas and make comment to the Office of the Governor prior to the date of the public hearing. This document shall be filed with the Secretary of State as Executive Order No. 11-02 and shall become effective immediately. IT IS SO ORDERED. Dated February 9, 2011. Sam Brownback Governor
Doc. No. 039143
Vol. 30, No. 7, February 17, 2011
Hearings
State of Kansas
Kansas Register
127

Notice of Hearing on Proposed Administrative Regulations A public hearing will be conducted by the Wildlife and Parks Commission at 7 p.m. Thursday, April 21, at the KDWP Region 4 Office, 6232 E. 29th St. North, Wichita, to consider the approval and adoption of proposed regulations of the Kansas Department of Wildlife and Parks. A general discussion and workshop meeting on business of the Wildlife and Parks Commission will begin at 1:30 p.m. April 21 at the location listed above. The meeting will recess at 5:30 p.m., then resume at 7 p.m. at the same location for more business and the regulatory hearing. There will be public comment periods at the beginning of the afternoon and evening meetings for any issues not on the agenda, and additional comment periods will be available during the meeting on agenda items. Old and new business also may be discussed at this time. If necessary to complete business matters, the commission will reconvene at 9 a.m. April 22 at the same location. Any individual with a disability may request accommodation in order to participate in the public meeting and may request the meeting materials in an accessible format. Requests for accommodation should be made at least five working days in advance of the meeting by contacting Sheila Kemmis, commission secretary, at (620) 672-5911. Persons with a hearing impairment may call the Kansas Commission for the Deaf and Hard of Hearing at (800) 432-0698 to request special accommodations. This 60-day notice period prior to the hearing constitutes a public comment period for the purpose of receiving written public comments on the proposed administrative regulations. All interested parties may submit written comments prior to the hearing to the chairman of the commission, Kansas Department of Wildlife and Parks, 1020 S. Kansas Ave., Suite 200, Topeka, 66612, or to sheila.kemmis@ksoutdoors.com if electronically. All interested parties will be given a reasonable opportunity at the hearing to express their views orally in regard to the adoption of the proposed regulations. During the hearing, all written and oral comments submitted by interested parties will be considered by the commission as a basis for approving, amending and approving, or rejecting the proposed regulations. In addition to the previously published notice, the regulation that will be heard during the regulatory hearing portion of the meeting is as follows: K.A.R. 115-7-9. This permanent regulation establishes requirements for weigh-in black bass fishing tournaments. The proposed amendment would require tournaments to exclude any fish at weigh-in that do not meet the length limit for the specific body of water where the tournament is being held. Economic Impact Summary: The proposed amendments are not anticipated to have any appreciable negative economic impact on the department, other agencies, small businesses or the public. Copies of the complete text of the regulations and their respective economic impact statements may be obtained
by writing the chairman of the commission at the address above, electronically on the departments Web site at www.kdwp.state.ks.us, or by calling (785) 296-2281. Kelly Johnston Chairman
Doc. No. 039147
State of Kansas
Kansas Insurance Department

Notice of Hearing on Proposed Administrative Regulations A public hearing will be conducted at 1:30 p.m. Thursday, April 21, in the third floor conference room, Kansas Insurance Department, 420 S.W. 9th, Topeka, to consider the adoption of a proposed rule and regulation. The 60-day notice of the public hearing shall constitute a public comment period for the purpose of receiving written public comments on the proposed rule and regulation. All interested parties may submit written comments prior to the hearing to John Wine, Kansas Insurance Department, 420 S.W. 9th, Topeka, 66612-1678, via facsimile at (785) 2913673, or via e-mail at jwine@ksinsurance.org. All interested parties will be given a reasonable opportunity to present their views orally on the adoption of the proposed regulation during the hearing. A summary of the proposed regulation and its economic impact follows: K.A.R. 40-10-16. Firefighters relief act; fund allocation. This proposed regulation prescribes the formula to be used by KID when making the annual redetermination allocation for Firefighters Relief Associations (FRAs); the formula used calculating new base allocation percentages; and the method for computing the distribution of FRA relief funds. These calculations also will be used for new, merged and requalified FRAs. The economic impact, if any, would be minimal because this methodology has already been used by KID in annual redetermination orders issued the past two years. There will be little or no economic impact on the Kansas Insurance Department, consumers, small businesses or other governmental agencies. Any individual with a disability may request accommodation in order to participate in the public hearing and may request the proposed regulation and the economic impact statement in an accessible format. Requests for accommodation should be made at least five working days in advance of the hearing by contacting John Wine at (785) 296-7847 or via e-mail at jwine@ksinsurance.org. Any individual desiring a copy of this regulation and/or the policy and procedure that is being adopted by reference, if applicable, may obtain a copy from the departments Web site, www.ksinsurance.org (under the Legal Issues link), or by contacting John Wine. The charge for copies is 50 cents per page. Sandy Praeger Kansas Insurance Commissioner
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State of Kansas
Kansas Register
Hearing/Notice
A public hearing will be conducted by the Wildlife and Parks Commission at 7 p.m. Thursday, April 21, at the KDWP Region 4 Office, 6232 E. 29th St. North, Wichita, to consider the approval and adoption of proposed regulations of the Kansas Department of Wildlife and Parks. A general discussion and workshop meeting on business of the Wildlife and Parks Commission will begin at 1:30 p.m. April 21 at the location listed above. The meeting will recess at 5:30 p.m., then resume at 7 p.m. at the same location for more business and the regulatory hearing. There will be public comment periods at the beginning of the afternoon and evening meetings for any issues not on the agenda, and additional comment periods will be available during the meeting on agenda items. Old and new business also may be discussed at this time. If necessary to complete business matters, the commission will reconvene at 9 a.m. April 22 at the same location. Any individual with a disability may request accommodation in order to participate in the public meeting and may request the meeting materials in an accessible format. Requests for accommodation should be made at least five working days in advance of the meeting by contacting Sheila Kemmis, commission secretary, at (620) 672-5911. Persons with a hearing impairment may call the Kansas Commission for the Deaf and Hard of Hearing at (800) 432-0698 to request special accommodations. This 60-day notice period prior to the hearing constitutes a public comment period for the purpose of receiving written public comments on the proposed administrative regulations. All interested parties may submit written comments prior to the hearing to the chairman of the commission, Kansas Department of Wildlife and Parks, 1020 S. Kansas Ave., Suite 200, Topeka, 66612, or to sheila.kemmis@ksoutdoors.com if electronically. All interested parties will be given a reasonable opportunity at the hearing to express their views orally in regard to the adoption of the proposed regulations. During the hearing, all written and oral comments submitted by interested parties will be considered by the commission as a basis for approving, amending and approving, or rejecting the proposed regulations. The regulations that will be heard during the regulatory hearing portion of the meeting are as follows: K.A.R. 115-25-7. This exempt regulation establishes the open season, bag limit and permits for antelope. The proposed version would increase permit numbers by 18 permits and adjust the season dates for 2011. Economic Impact Summary: The proposed amendments are not anticipated to have any appreciable negative economic impact on the department, other agencies, small businesses or the public. K.A.R. 115-25-8. This exempt regulation establishes the open season, bag limit and permits for elk. The proposed version would decrease permit numbers by two permits and adjust the season dates for 2011. Economic Impact Summary: The proposed amendments are not anticipated to have any appreciable nega Kansas Secretary of State 2011
tive economic impact on the department, other agencies, small businesses or the public. Copies of the complete text of the regulations and their respective economic impact statements may be obtained by writing the chairman of the commission at the address above, electronically on the departments Web site at www.kdwp.state.ks.us, or by calling (785) 296-2281. Kelly Johnston Chairman
Doc. No. 039139
State of Kansas

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Doc. No. 038494
City of Galva, Kansas

Notice of Intent to Seek Private Placement General Obligation Bonds, Series 2011 Notice is hereby given that the city of Galva, Kansas (the issuer), proposes to seek a private placement of the above-referenced bonds. The maximum aggregate principal amount of the bonds shall not exceed $480,000. The proposed sale of the bonds is in all respects subject to approval of a bond purchase agreement between the issuer and the purchaser of the bonds and the passage of an ordinance and adoption of a resolution by the governing body of the issuer authorizing the issuance of the bonds and the execution of various documents necessary to deliver the bonds. Dated February 17, 2011. Lori S. Tector City Clerk
Doc. No. 039144
State of Kansas

02/28/2011 02/28/2011 02/28/2011 EVT0000433 EVT0000435 EVT0000438 Noxious Weed and Miscellaneous Treatment Services Wyandotte County Noxious Weed and Miscellaneous Treatment Services Osage County Noxious Weed and Miscellaneous Treatment Services Johnson County Janitorial Services Hutchinson Tractor, Agricultural TCWA Tractor & Cultivator, FRWA Bituminous Mixture, District #4 Aggregate, District #4 Vernacular Architecture Survey & Historic Context Evidential Breath Testing Instruments Work Comp Audit
02/28/2011 EVT0000440 03/01/2011 EVT0000432 03/01/2011 EVT0000434 03/01/2011 EVT0000444 03/01/2011 EVT0000446 03/07/2011 EVT0000443 03/08/2011 03/30/2011 EVT0000381 EVT0000445
State of Kansas

Request for Comments The Kansas Department of Health and Environment is soliciting comments regarding a proposed air quality operating permit and amending previously issued construction approval. SPX Cooling Technologies has applied for a Class I operating permit in accordance with the provisions of K.A.R. 28-19-510 et seq. The purpose of a Class I permit is to identify the sources and types of regulated air pollutants emitted from the facility; the emission limitations, standards and requirements applicable to each source; and the monitoring, record keeping and reporting requirements applicable to each source as of the effective date of permit issuance. Notice also is given that certain requirements in the construction approval dated October 20, 2005, are being modified by a modification of approval conditions. PX Cooling Technologies, 1200 W. Marley Road, Olathe, KS 66061, owns and operates a cooling tower facility located at 1200 and 1400 W. Marley Road, Olathe. A copy of the proposed permit, permit application, all supporting documentation, all information relied upon during the permit application review process, and a copy of the modification of approval conditions are available for a 30-day public review during normal business hours at the KDHE, Bureau of Air, 1000 S.W. Jackson, Suite 310, Topeka; and a copy of the proposed permit can be reviewed at the Johnson County Environmental Department, 11811 S. Sunset, Suite 2700, Olathe. To obtain or review either document, contact Kristin R. Fritchman, (785) 368-6683, at the KDHE central office; and to review the proposed permit only, contact Mike Boothe, (913) 7156939, at the Johnson County Environmental Department. The standard departmental cost will be assessed for any copies requested.
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03/08/2011 Remodel Paint Room Hutchinson Kansas Dept. of Transportation, Topeka 03/08/2011 A-011639 Reroof Hall Call Kansas State University, Manhattan 03/09/2011 A-011498 Reroof Subarea Shop Anthony Kansas Dept. of Transportation, Topeka 03/10/2011 A-011459 Office Exterior Stair Replacement Chanute Kansas Dept. of Transportation, Topeka A-011504

Doc. No. 039145
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Kansas Register
Request for Comments/Notice
Direct written comments or questions regarding the documents to Kristin R. Fritchman, KDHE, Bureau of Air, 1000 S.W. Jackson, Suite 310, Topeka, 66612-1366. In order to be considered in formulating final document decisions, written comments must be received before the close of business March 21. A person may request a public hearing be held on the proposed documents. The request for a public hearing shall be in writing and set forth the basis for the request. The written request must be submitted to Sharon Burrell, Bureau of Air, not later than the close of business March 21 in order for the Secretary of Health and Environment to consider the request. The U.S. Environmental Protection Agency has a 45day review period, which will start concurrently with the 30-day public comment period, within which to object to the proposed permit. If the EPA has not objected in writing to the issuance of the permit within the 45-day review period, any person may petition the administrator of the EPA to review the permit. The 60-day public petition period will directly follow the EPAs 45-day review period. Interested parties may contact KDHE to determine if the EPAs 45-day review period has been waived. Any such petition shall be based only on objections to the permit that were raised with reasonable specificity during the public comment period provided for in this notice, unless the petitioner demonstrates that it was impracticable to raise such objections within such period, or unless the grounds for such objection arose after such period. Contact Harriet Jones, U.S. EPA, Region VII, Air Permitting and Compliance Branch, 901 N. 5th St., Kansas City, KS 66101, (913) 551-7097, to determine when the 45day EPA review period ends and the 60-day petition period commences. Robert P. Moser, M.D. Acting Secretary of Health and Environment
Doc. No. 039137
sas Water Pollution Control permit being issued, subject to certain conditions, revocation and reissuance of the designated permit or termination of the designated permit. Public Notice No. KS-AG-11-028 Application(s) for New or Expansion of Existing Swine Facilities
Name and Address of Applicant Mike Bellar 1411 Killdeer Howard, KS 67349 Owner of Property Where Facility Will Be Located Bellar Farms 1411 Killdeer Howard, KS 67349
Legal Description Receiving Water SW/4 of Section 02, Verdigris River Basin T30S, R10E, Elk County Kansas Permit No. A-VEEK-S010 This is an application for a renewal permit for an existing expanding swine facility. The facility is proposing two new swine buildings, an addition to the existing wastewater control system and an expansion to 650 animal units of swine. A new or modified permit will not be issued without additional public notice.
Name and Address Legal Receiving of Applicant Description Water Kohake Dairy Farm Inc. SW/4 of Section 20, Missouri River 827 112th Road T03S, R12E, Basin Centralia, KS 66415 Nemaha County Kansas Permit No. A-MONM-M019 This permit is being reissued for a confined animal feeding operation for 150 head (210 animal units) of mature dairy cattle, 30 head (30 animal units) of cattle weighing more than 700 pounds and 119 head (59.5 animal units) of cattle weighing less than 700 pounds, for a total of 299.5 animal units. This represents an increase in the permitted animal units from the previous permit. The permit also contains modifications consisting of an addition of two berms to direct runoff toward the existing wastewater retention control system. Name and Address Legal Receiving of Applicant Description Water Showalter & Sons Inc. SE/4 of Section 22, Upper Arkansas Adam Showalter T18S, R20W, Rush River Basin 1853 County Road 140 County Alexander, KS 67513 Kansas Permit No. A-UARH-B001 This is a permit modification and reissuance for an existing facility with a maximum capacity of 800 head (800 animal units) of cattle weighing greater than 700 pounds. Modifications to the facility include the construction of sediment channels, conversion of the south structure to a sump basin and enlargement of the north structure. There is no change in the permitted animal units. Legal Receiving Description Water SE/4 of Section 09 & Kansas River SW/4 of Section 10 Basin & SW/4 of Section 11 & NW/4 of Section 14, T10S, R08E, Pottawatomie County Kansas Permit No. A-KSPT-P001 Federal Permit No. KS0090948 This is a reissuance of a permit for an existing poultry facility and includes reapproval of construction plans for two additional poultry buildings and approval of a new truck washing facility. The maxiName and Address of Applicant Nelson Poultry Farms Inc. Main Greg Nelson 8530 E. Hwy. 24 Manhattan, KS 66502
State of Kansas

Notice Concerning Kansas/Federal Water Pollution Control Permits and Applications In accordance with Kansas Administrative Regulations 28-16-57 through 63, 28-18-1 through 15, 28-18a-1 through 32, 28-16-150 through 154, 28-46-7, and the authority vested with the state by the administrator of the U.S. Environmental Protection Agency, various draft water pollution control documents (permits, notices to revoke and reissue, notices to terminate) have been prepared and/or permit applications have been received for discharges to waters of the United States and the state of Kansas for the class of discharges described below. The proposed actions concerning the draft documents are based on staff review, applying the appropriate standards, regulations and effluent limitations of the state of Kansas and the Environmental Protection Agency. The final action will result in a Federal National Pollutant Discharge Elimination System Authorization and/or a Kan Kansas Secretary of State 2011
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mum capacity without the two additional buildings is 532,000 pullets (4,256 animal units). The maximum capacity with the two additional buildings is 832,000 pullets (6,656 animal units). There is no change in animal capacity from the previous permit. This facility has an approved nutrient management plan on file with KDHE. Name and Address Legal Receiving of Applicant Description Water Manhattan Commission Co., SW/4 of Section 10, Kansas River Inc. T10S, R08E, Basin Mervin L. Sexton Pottawatomie 8424 E. Hwy. 24 County Manhattan, KS 66502 Kansas Permit No. A-KSPT-B006 This permit is being reissued for an existing public livestock market with a maximum capacity of 247 animal units of cattle. There is no change in the permitted animal units from the previous permit. Name and Address Legal Receiving of Applicant Description Water Brethour Ranch, LLC NW/4 of Section 30, Kansas River Dr. William Brethour T11S, R13E, Basin P.O. Box 125 Wabaunsee County Maple Hill, KS 66507 Kansas Permit No. A-KSWB-B001 This permit is being reissued for an existing facility with a maximum capacity of 990 head (990 animal units) of cattle more than 700 pounds. There is no change in the permitted animal units from the previous permit.
Public Notice No. KS-GP-11-001

Type Of Permit Pesticides General Permit General Permit No. G-KPGP-0411-1 Legal Location State of Kansas Federal Permit No. KSG870001
ticides for a designated pesticide use pattern during the period of April 9, 2011 through April 8, 2012. During this interim period, operators must comply with the provisions of this general permit and also with the special conditions that apply to operators proposing a discharge within .25 mile of a public water supply surface water intake or in, over or near an Outstanding National Resource Water (ONRW). After April 8, 2012, operators proposing to apply pesticides to a water of the United States for one of the designated pesticide use patterns, that triggers an annual treatment area threshold criteria, or that are proposing to discharge in, over or near an ONRW, or are proposing to discharge within .25 mile of a public water supply surface water intake are required to submit an NOI and $60 permit fee. All other operators under this general permit continue to be automatically covered. All operators covered by this general permit must comply with technology-based and water-quality based effluent limitations, standard conditions and monitoring, reporting, record keeping and document retention requirements. Coverage under this general permit does not negate the requirements of any federal or Kansas law, statute or regulation and specifically references FIFRA, the Kansas Agricultural Chemical Act, and the Kansas Pesticide Law. Copies of the Kansas Pesticide general permit and supporting documents can be found at the KDHE-Industrial Programs Section Web site at www.kdheks.gov/indust/index.htm. Public Notice No. KS-EG-11-001 The requirements of the draft permit public noticed below is pursuant to K.S.A. 55-1,117 through 55-1,119 and K.A.R. 28-45-2a through 28-45-30:
Name and Address of Applicant Enterprise Products Operating, LLC 2610 Mohawk Road Hutchinson, KS 67501 Brine Pond Number and Permit Number Brine Pond #5 / KS-BP-001-005 Type of Brine Pond Brine pond for underground hydrocarbon storage operation
The Kansas Department of Health and Environment has prepared a Kansas Water Pollution Control and National Pollutant Discharge Elimination System general permit for discharges from the application of pesticides to, over or near waters of the United States within the borders of Kansas, except for Indian lands. This general permit authorizes coverage for four specific pesticide use patterns as well as providing automatic coverage for pesticide research and development activities. The four specific pesticide use patterns are: mosquito and other flying or aquatic insect pest control; weed, algae, pathogen or fish parasite control; nuisance animal control; and forest canopy pest control. This general permit does not address or regulate pesticide application activities associated with conventional terrestrial agricultural practices that continue to be regulated through the requirements and provisions of FIFRA and/or the Kansas Pesticide Law. Discharges from the application of pesticides to waters of the United States for pesticide use patterns not listed in this permit, or approved by KDHE, and violations of this general permit are violations of the Clean Water Act (CWA) and Kansas law. This general permit mirrors the scope and extent of the discharges from pesticide application activities being addressed in the EPAs draft pesticide general permit and fact sheet published in the June 4, 2010 Federal Register and announced amendments since that date. The general permit describes the conditions under which a formal application [Notice of Intent (NOI)] is required. This general permit provides a one-year program startup period during which all operators are automatically covered for discharges from the application of pes-
Location NE14, S29, T23S, R6W, Reno County Facility Description: The proposed action is to issue a permit for a new brine pond associated with the operation of underground hydrocarbon storage wells at an existing facility. The brine pond will store brine to be used in the solutioning of caverns and the displacement of hydrocarbon during cavern operations. The draft permit includes general conditions for construction, monitoring, reporting and operation of the brine pond. The draft permit requires a design and construction plan, financial assurance for brine pond closure, and a groundwater monitoring plan for the protection of public health and the environment. The permit requirements are pursuant to the Kansas Underground Hydrocarbon Storage Wells and Associated Brine Ponds regulations, K.A.R. 28452a through K.A.R. 284530.
Public Notice No. KS-EG-11-002 In accordance with K.A.R. 28-46-7 and the authority vested with the state by the administrator of the U.S. Environmental Protection Agency, a draft permit has been prepared for the use of the well(s) described below within the state of Kansas:
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Name and Address of Applicant Occidental Chemical Corporation P.O. Box 12283 Wichita, KS 67277-2283 Facility Location: Wichita, Kansas
Kansas Register
State of Kansas
Notice/Legislative Bills
Legislature
Legislative Bills and Resolutions Introduced The following numbers and titles of bills and resolutions were introduced February 3-9 by the 2011 Kansas Legislature. Copies of bills and resolutions are available free of charge from the Legislative Document Room, 58S, State Capitol, 300 S.W. 10th Ave., Topeka, 66612, (785) 296-4096. Full texts of bills, bill tracking and other information may be accessed at www.kslegislature.org. House Bills
HB 2136, AN ACT concerning certain prescription medications; relating to health insurance coverage for prescription medications; establishing an unlawful discriminatory practice relating to certain prescription medications; amending K.S.A. 44-1009 and K.S.A. 2010 Supp. 40-2,103 and 40-19c09 and repealing the existing sections, by Committee on Health and Human Services. HB 2137, AN ACT concerning children and minors; establishing the protective parent reform act; amending K.S.A. 2010 Supp. 38-2226 and 38-2230 and repealing the existing sections, by Committee on Children and Families. HB 2138, AN ACT concerning crimes and punishment; relating to burglary; amending section 93 of chapter 136 of the 2010 Session Laws of Kansas and repealing the existing section, by Committee on Corrections and Juvenile Justice. HB 2139, AN ACT concerning insurance; relating to rates and rate modifications for workers compensation insurance; amending K.S.A. 40-2109 and repealing the existing section, by Committee on Insurance. HB 2140, AN ACT concerning expired committees, commissions, and task forces; amending K.S.A. 2010 Supp. 65-1,177 and repealing the existing sections; also repealing K.S.A. 12-5309, 46-2701, 46-3201, and 661226 and K.S.A. 2010 Supp. 2-1921, 2-1922, 2-1923 and 46-3702, by Committee on Special Committee on Legislative Streamlining. HB 2141, AN ACT concerning property; relating to instruments conveying interests in wind or solar resources; amending K.S.A. 58-2272 and repealing the existing section, by Committee on Energy and Utilities. HB 2142, AN ACT concerning children in need of care; relating to the powers of the court; amending K.S.A. 75-3330 and K.S.A. 2010 Supp. 38-2242, 38-2243, 38-2252, 38-2255, 38-2258, 38-2259, 38-2263, 38-2264 and 38-2270 and repealing the existing sections; also repealing K.S.A. 2010 Supp. 38-2255a and 38-2258a, by Committee on Children and Families. HB 2143, AN ACT concerning utilities; relating to electric generation, transmission and distribution facilities and recovery of costs for energy storage devices; amending K.S.A. 2010 Supp. 66-1239, 66-1240 and 661247 and repealing the existing sections, by Committee on Energy and Utilities. HB 2144, AN ACT concerning utilities; relating to natural gas public utilities; rates and charges, by Committee on Energy and Utilities. HB 2145, AN ACT concerning orders for relief of abuse; amending K.S.A. 2010 Supp. 60-3107 and repealing the existing section, by Committee on Aging and Long Term Care. HB 2146, AN ACT designating pallasitic peridot as the official gemstone of the state of Kansas, by Representative Grange. HB 2147, AN ACT concerning adult care homes, relating to the definition of a home plus residence or facility; amending K.S.A. 2010 Supp. 39-923 and repealing the existing section, by Committee on Aging and Long Term Care. HB 2148, AN ACT concerning continuing care retirement facilities; relating to continuing care contracts; disclosure statements; application fees; amending K.S.A. 40-2231, 40-2233 and 40-2235 and repealing the existing sections, by Committee on Aging and Long Term Care. HB 2149, AN ACT concerning the department of wildlife and parks; relating to land acquisition; amending K.S.A. 2010 Supp. 32-833 and repealing the existing section, by Committee on Agriculture and Natural Resources Budget. HB 2150, AN ACT concerning consumer protection; relating to automatic renewals of business services; amending K.S.A. 50-617 and repealing the existing section, by Committee on Commerce and Economic Development.
Well and Permit Number Location #10 / KS-01-173-010 NW14, S27, T28S, R1W, Sedgwick County Facility Description: The proposed action is to reissue an existing Class I Hazardous Waste Disposal Well permit. The injection fluids consist of stormwater runoff, contaminated groundwater and process wastewater originating from this facility. Disposal is by gravity flow. Injection is to be made into the Arbuckle and Simpson formations from a bottom depth of approximately 4,700 feet to a top depth of approximately 3,830 feet below ground surface. The estimated maximum rate of injection to this disposal well is 864,000 gallons per day. The current facility injection volume of 2,259,999 gallons per day will not be increased. All construction, monitoring and operation of this well will meet the requirements that apply to Class I Hazardous Waste Disposal Wells under the Kansas UIC Regulations, K.A.R. 28-46-1 through 28-46-44.
Persons wishing to comment on the draft documents and/or permit applications must submit their comments in writing to the Kansas Department of Health and Environment if they wish to have the comments considered in the decision-making process. Comments should be submitted to the attention of the Livestock Waste Management Section for agricultural-related draft documents or applications, or to the Technical Services Section for all other permits, at the Kansas Department of Health and Environment, Division of Environment, Bureau of Water, 1000 S.W. Jackson, Suite 420, Topeka, 66612-1367. All comments regarding the draft documents or application notices received on or before March 19 will be considered in the formulation of the final determinations regarding this public notice. Please refer to the appropriate Kansas document number (KS-AG-11-028/033, KS-GP-11001, KS-EG-11, 001/002) and name of the applicant/permittee when preparing comments. After review of any comments received during the public notice period, the Secretary of Health and Environment will issue a determination regarding final agency action on each draft document/application. If response to any draft document/application indicates significant public interest, a public hearing may be held in conformance with K.A.R. 28-16-61 (28-46-21 for UIC). All draft documents/applications and the supporting information including any comments received are on file and may be inspected at the offices of the Kansas Department of Health and Environment, Bureau of Water. These documents are available upon request at the copying cost assessed by KDHE. Application information and components of plans and specifications for all new and expanding swine facilities are available on the Internet at http://www.kdheks.gov/feedlots. Division of Environment offices are open from 8 a.m. to 5 p.m. Monday through Friday, excluding holidays. Robert P. Moser, M.D. Acting Secretary of Health and Environment
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HB 2151, AN ACT concerning crimes, criminal procedure and punishment; relating to breach of privacy and blackmail; amending sections 64 and 171 of chapter 136 of the 2010 Session Laws of Kansas and repealing the existing sections, by Committee on Corrections and Juvenile Justice. HB 2152, AN ACT concerning crimes, criminal procedure and punishment; relating to operating a vessel under the influence of drugs or alcohol; amending K.S.A. 32-1130 and repealing the existing section; also repealing K.S.A. 32-1131, by Committee on Corrections and Juvenile Justice. HB 2153, AN ACT concerning electioneering communications, by Committee on Elections. HB 2154, AN ACT concerning certain state officers and employees; restricting employment in jobs not official duties, by Committee on Elections. HB 2155, AN ACT concerning elections; pertaining to the use of public service announcements, by Committee on Elections. HB 2156, AN ACT concerning income taxation; relating to corporations; rate of taxation; amending K.S.A. 2010 Supp. 79-32,110 and repealing the existing section, by Representatives Suellentrop, Brown, Brunk, Crum, DeGraaf, Denning, Goico, Grange, Hayzlett, Hedke, Hermanson, Hoffman, Huebert, Kelley, Kinzer, Kleeb, Landwehr, Mast, McLeland, Montgomery, ONeal, Osterman, Peck, Powell, Rhoades, Scapa, Seiwert, Vickrey and Weber. HB 2157, AN ACT concerning taxation; regarding tax information; relating to the disclosure of information to the state treasurer for the purpose of locating unclaimed property owners; amending K.S.A. 2010 Supp. 79-3234 and repealing the existing section, by Committee on Government Efficiency. HB 2158, AN ACT concerning state agencies; relating to performance measures; amending K.S.A. 75-3715 and 75-3716 and K.S.A. 2010 Supp. 74-72,123 and repealing the existing sections, by Committee on Government Efficiency. HB 2159, AN ACT concerning physical therapists; evaluation and treatment of patients; amending K.S.A. 2010 Supp. 65-2921 and repealing the existing section, by Committee on Health and Human Services. HB 2160, AN ACT concerning taxation; establishing the committee on simplified state tax structure; prescribing membership, duties and responsibilities thereof, by Committee on Taxation. HB 2161, AN ACT concerning sales taxation; relating to situs of taxable transactions; amending K.S.A. 2010 Supp. 12-191 and repealing the existing section, by Committee on Taxation. HB 2162, AN ACT concerning expungement of arrest records; docket fee; amending K.S.A. 2010 Supp. 22-2410 and repealing the existing section, by Committee on Judiciary. HB 2163, AN ACT concerning racial and other profiling; amending K.S.A. 22-4606, 22-4609, 22-4610 and 22-4611 and repealing the existing sections; also repealing K.S.A. 22-4604 and 22-4608, by Committee on Judiciary. HB 2164, AN ACT concerning property; relating to ownership of pore space, by Committee on Energy and Utilities. HB 2165, AN ACT concerning taxation; relating to income tax, rates and elimination of tax on corporations; sales taxation, exemptions, rates and distribution of revenue and imposition of tax on certain services; eliminating food sales tax refund; amending K.S.A. 2010 Supp. 12-198, 79-32,110, 79-3602, 79-3603, 79-3606, 79-3620, 79-3703 and 79-3710 and repealing the existing sections; also repealing K.S.A. 79-3632, 79-3634, 79-3636, 79-3637 and 79-3638 and K.S.A. 2010 Supp. 79-3633, 79-3635 and 79-3639, by Committee on Taxation. HB 2166, AN ACT concerning municipalities; pertaining to using the internet for official publications; amending K.S.A. 12-1651 and 64-101 and repealing the existing sections, by Committee on Appropriations. HB 2167, AN ACT concerning limiting liability of property owners for certain activities; amending K.S.A. 58-3202 and repealing the existing section, by Committee on Agriculture and Natural Resources. HB 2168, AN ACT concerning veterans; relating to veterans benefits; amending K.S.A. 32-901 and K.S.A. 2010 Supp. 73-1217 and repealing the existing sections, by Representative Schwab. HB 2169, AN ACT designating the junction of United States highway 24 and K-7 highway as the Representative Margaret Long interchange, by Committee on Transportation. HB 2170, AN ACT concerning rail service improvement program loans and grants; amending K.S.A. 2010 Supp. 75-5048 and 75-5049 and repealing the existing sections, by Committee on Transportation.
HB 2171, AN ACT regulating traffic; concerning United States postal service vehicles; amending K.S.A. 2010 Supp. 8-1520a and 8-2118 and repealing the existing sections; and also repealing K.S.A. 2010 Supp. 82118b, by Committee on Transportation. HB 2172, AN ACT concerning motor vehicle registrations; relating to proof of financial security; amending K.S.A. 2010 Supp. 8-173 and repealing the existing section, by Committee on Transportation. HB 2173, AN ACT concerning the Kansas highway patrol; allowing the Superintendent to charge and collect fees for certain services, by Committee on Transportation. HB 2174, AN ACT regulating traffic; concerning overtaking and passing; bicycles; amending K.S.A. 8-1516 and repealing the existing section, by Committee on Transportation. HB 2175, AN ACT repealing K.S.A. 75-5002 and 75-5003; relating to the highway advisory commission, by Committee on Transportation. HB 2176, AN ACT concerning taxing subdivisions; amending K.S.A. 2010 Supp. 79-1801, and repealing the existing section, by Committee on Taxation. HB 2177, AN ACT concerning school districts; relating to the local option budget; determining supplemental general state aid; statewide levy for public schools, exemption therefrom; amending K.S.A. 2010 Supp. 72-6407, 72-6431, 72-6433, 72-6433d, 72-6434, 72-6435, 72-6451, 744939a and 79-201x and repealing the existing sections, by Committee on Vision 2020. HB 2178, AN ACT concerning licenses and permits; relating to nonresident military spouses, by Representative Sloan. HB 2179, AN ACT concerning school districts; relating to the local option budget; determining supplemental general state aid; statewide levy for public schools, exemption therefrom; amending K.S.A. 2010 Supp. 72-6407, 72-6412, 72-6431, 72-6433, 72-6433d, 72-6434, 72-6435, 726451, 74-4939a and 79-201x and repealing the existing sections; also repealing K.S.A. 2010 Supp. 72-6442b, by Committee on Vision 2020. HB 2180, AN ACT concerning school districts; relating to the local option budget; determining supplemental general state aid; statewide levy for public schools, exemption therefrom; amending K.S.A. 2010 Supp. 72-6407, 72-6412, 72-6431, 72-6433d, 72-6434, 74-4939a and 79201x and repealing the existing sections; also repealing K.S.A. 2010 Supp. 72-6442b, by Committee on Vision 2020. HB 2181, AN ACT concerning utilities; relating to transmission lines and easements, by Committee on Energy and Utilities. HB 2182, AN ACT concerning the unused medication act; relating to mail service pharmacies; amending K.S.A. 2010 Supp. 65-1669 and repealing the existing section, by Committee on Aging and Long Term Care. HB 2183, AN ACT concerning environmental protection; relating to the interstate environmental freedom compact, by Committee on Agriculture and Natural Resources. HB 2184, AN ACT concerning premises liability; relating to recreational purposes; relating to noncommercial aviation; amending K.S.A. 58-3202 and repealing the existing section, by Committee on Agriculture and Natural Resources. HB 2185, AN ACT concerning openness in government; amending K.S.A. 45-223 and 75-4320a and K.S.A. 2010 Supp. 75-4320 and 75-4320b and repealing the existing sections, by Committee on Local Government. HB 2186, AN ACT concerning planning and zoning; dealing with certain easements; amending K.S.A. 19-2961 and K.S.A. 2010 Supp. 12752 and repealing the existing sections; also repealing K.S.A. 19-2633, by Committee on Local Government. HB 2187, AN ACT concerning platting land in certain counties; repealing K.S.A. 19-2633, by Committee on Local Government. HB 2188, AN ACT concerning legislative bills; relating to fiscal notes; amending K.S.A. 74-9106 and 75-3715a and repealing the existing sections, by Committee on Judiciary. HB 2189, AN ACT concerning certain legal notice publications; amending K.S.A. 10-120, 19-547, 25-204, 25-209, 25-2702, 79-2001 and 792303 and K.S.A. 2010 Supp. 79-2804 and repealing the existing sections, by Committee on Local Government. HB 2190, AN ACT concerning counties; authorizing term limits for members of the board of county commissioners; amending K.S.A. 2010 Supp. 19-202 and repealing the existing section, by Committee on Local Government. HB 2191, AN ACT concerning school districts; relating to teachers; amending K.S.A. 2010 Supp. 72-5445 and repealing the existing section, by Committee on Education. (continued)
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HB 2192, AN ACT concerning motor vehicles; relating to safety belts; uniform act regulating traffic on highways; amending K.S.A. 8-2204 and K.S.A. 2010 Supp. 8-2503 and 8-2504 and repealing the existing sections, by Committee on Transportation. HB 2193, AN ACT concerning school districts; relating to at-risk pupils; amending K.S.A. 2010 Supp. 72-6407 and repealing the existing section; also repealing K.S.A. 2010 Supp. 72-6454, by Committee on Appropriations. HB 2194, AN ACT creating the council on efficient government, by Committee on Appropriations. HB 2195, AN ACT concerning municipalities; establishing the organized collection service act, by Committee on Local Government. HB 2196, AN ACT concerning rules of evidence; relating to the civil commitment of sexually violent predators; amending K.S.A. 59-29a06 and repealing the existing section, by Committee on Corrections and Juvenile Justice. HB 2197, AN ACT concerning crimes, criminal procedure and punishment; relating to public defender caseloads, by Committee on Corrections and Juvenile Justice. HB 2198, AN ACT concerning school districts; relating to the school district capital improvements fund and the school district capital outlay state aid fund; amending K.S.A. 2010 Supp. 75-2319 and repealing the existing section; also repealing K.S.A. 2010 Supp. 72-8814 and 72-8814b, by Committee on Appropriations. HB 2199, AN ACT regulating traffic; concerning certain right-of-way violations; providing for increased penalties, by Committee on Transportation. HB 2200, AN ACT concerning school districts; relating to state aid for capital improvements and capital outlay; amending K.S.A. 2010 Supp. 72-8814 and 75-2319 and repealing the existing sections, by Committee on Education. HB 2201, AN ACT concerning school districts; relating to school finance; local activities budget, by Committee on Education. HB 2202, AN ACT concerning teachers; relating to the licensure thereof, by Committee on Education. HB 2203, AN ACT concerning school districts; relating to the use of certain school district funds for general operating expenditures, by Committee on Education. HB 2204, AN ACT creating the college credit scholarship program; amending K.S.A. 2010 Supp. 72-6407 and repealing the existing section, by Committee on Education Budget. HB 2205, AN ACT concerning weights and measures; relating to measuring devices; amending K.S.A. 2010 Supp. 83-202 and repealing the existing section, by Committee on Agriculture and Natural Resources. HB 2206, AN ACT concerning income taxation; relating to credits; child tax credit, by Representative Kinzer. HB 2207, AN ACT concerning limited liabilities companies; relating to series limited liability companies; amending K.S.A. 17-7663 and 177682 and repealing the existing sections, by Committee on Judiciary. HB 2208, AN ACT concerning insurance; relating to rate review for individual health insurance policies; relating to the individual market health insurance rate review act; amending K.S.A. 2010 Supp. 40-2215 and repealing the existing section, by Committee on Insurance. HB 2209, AN ACT concerning the legislature; relating to legislators holding other elected offices, by Committee on Local Government. HB 2210, AN ACT concerning veterans; relating to readjustment and mental health services, by Committee on Veterans, Military and Homeland Security. HB 2211, AN ACT concerning state agencies; relating to purchases; giving preference to disabled veteran businesses, by Committee on Veterans, Military and Homeland Security. HB 2212, AN ACT concerning property taxation; relating to revenues produced by property tax levies; mill levy adjustments; resolutions, publication requirements; amending K.S.A. 2010 Supp. 79-2925b and repealing the existing section, by Representatives Brunk, Arpke, Boman, Collins, Goodman, Gregory, Hermanson, Howell, Huebert, Hedke, Kiegerl, Osterman, Patton, Peck, Scapa and Weber. HB 2213, AN ACT concerning crimes, criminal procedure and punishment; relating to the parole board; relating to postrelease supervision of sexually violent offenders; amending K.S.A. 2010 Supp. 22-3717 and repealing the existing section; also repealing K.S.A. 2010 Supp. 22-3717c, by Committee on Corrections and Juvenile Justice. HB 2214, AN ACT concerning human cell research; prohibiting the expenditure of certain moneys appropriated from the state treasury by state agencies, by Committee on Health and Human Services.
HB 2215, AN ACT concerning civil procedure; relating to bankruptcy; exempt property; earned income tax credit, by Representative Ward. HB 2216, AN ACT concerning insurance; providing for coverage of autism spectrum disorder; amending K.S.A. 2010 Supp. 40-2,103 and 40-19c09 and repealing the existing sections, by Committee on Children and Families. HB 2217, AN ACT concerning authorized interception of wire, oral or electronic communications; issuance of order; amending K.S.A. 2010 Supp. 22-2502 and 22-2516 and repealing the existing sections, by Representative Sloan. HB 2218, AN ACT concerning abortion; relating to restrictions on late term abortions; amending K.S.A. 65-6701 and 65-6703 and repealing the existing sections, by Representatives Kinzer, Arpke, Billinger, Boman, Brown, Brunk, Calloway, DeGraaf, Donohoe, Fund, Garber, Goico, Goodman, Gregory, Grosserode, Hedke, Henry, Hermanson, Hildabrand, Hoffman, M. Holmes, Howell, Kiegerl, Kleeb, Knox, Landwehr, Mast, McLeland, Meigs, Mesa, Montgomery, OBrien, OHara, Otto, Patton, Peck, Rhoades, Rubin, Ryckman, Scapa, Schwab, Siegfreid, Smith, Suellentrop, Vickrey, Weber, Wetta and B. Wolf. HB 2219, AN ACT concerning child support; relating to exceptional children; amending K.S.A. 2010 Supp. 38-1121 and 60-1610 and repealing the existing sections, by Committee on Judiciary. HB 2220, AN ACT concerning the promoting employment across Kansas act; pertaining to qualifications for benefits under the act; amending K.S.A. 2010 Supp. 74-50,210, 74-50,211, 74-50,212 and 7450,213 and repealing the existing sections, by Committee on Taxation. HB 2221, AN ACT concerning state agencies; relating to the employee award program; amending K.S.A. 2010 Supp. 75-37,105 and repealing the existing section, by Committee on Government Efficiency. HB 2222, AN ACT concerning labor organizations; relating to employees of state child care centers and persons providing attendant care services; amending K.S.A. 44-803 and 75-4324 and repealing the existing sections, by Committee on Children and Families. HB 2223, AN ACT enacting the Kansas employer immigration accountability act, by Committee on Commerce and Economic Development. HB 2224, AN ACT concerning elections; requiring candidates for state and federal office to provide proof of citizenship; amending K.S.A. 25202 and repealing the existing section, by Committee on Elections. HB 2225, AN ACT concerning rail service improvement program loans and grants; amending K.S.A. 2010 Supp. 75-5048 and 75-5049 and repealing the existing sections, by Committee on Transportation. HB 2226, AN ACT concerning tax increment financing; relating to definition of redevelopment project costs; financing projects; amending K.S.A. 2010 Supp. 12-1770a and 12-1774 and repealing the existing sections, by Committee on Financial Institutions. HB 2227, AN ACT concerning crimes, criminal procedure and punishment; relating to warrants; amending K.S.A. 22-2304 and repealing the existing section, by Committee on Corrections and Juvenile Justice. HB 2228, AN ACT concerning insurance; providing coverage for hearing aids; amending K.S.A. 2010 Supp. 40-2,103 and 40-19c09 and repealing the existing sections, by Representative Kiegerl. HB 2229, AN ACT concerning school and school districts; related to equal access, by Committee on Commerce and Economic Development. HB 2230, AN ACT repealing K.S.A. 68-1038; relating to the Frontier Military scenic byway, by Committee on Transportation. HB 2231, AN ACT concerning water; relating to water bank flex accounts; amending K.S.A. 2010 Supp. 82a-736 and repealing the existing section, by Committee on Agriculture and Natural Resources. HB 2232, AN ACT concerning crimes, criminal procedure and punishment; relating to the possession and distrubtion of prescription-only drugs; amending K.S.A. 2010 Supp. 21-36a08 and repealing the existing section, by Committee on Corrections and Juvenile Justice. HB 2233, AN ACT concerning school districts; relating to school finance and certain weightings; amending K.S.A. 2010 Supp. 72-6407, 726412, 72-6413, 72-6414, 72-6455 and 72-6459 and repealing the existing sections; also repealing K.S.A. 2010 Supp. 72-6442b, by Representative Aurand. HB 2234, AN ACT establishing the early high school graduation scholarship program; amending K.S.A. 2010 Supp. 72-6438 and repealing the existing section, by Committee on Education. HB 2235, AN ACT regulating vehicle title loans, by Committee on Commerce and Economic Development. HB 2236, AN ACT creating the special education scholarship program; amending K.S.A. 2010 Supp. 72-6407 and repealing the existing section, by Representative Kinzer.
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HB 2237, AN ACT concerning the fire marshal; relating to investigation authority; amending K.S.A. 31-157 and repealing the existing section, by Committee on Appropriations. HB 2238, AN ACT concerning the state budget; state general fund and special revenue fund expenditures, transfers and ending balance requirements; reduction and allotment procedures; economic impact statements and fiscal note updates for legislation, by Committee on Taxation. HB 2239, AN ACT concerning roads; relating to the board of county commissioners; relating to vacating roads; proceedings for damages; amending K.S.A. 68-102a, 68-106 and 68-107 and K.S.A. 2010 Supp. 68101 and repealing the existing sections, by Committee on Local Government. HB 2240, AN ACT concerning cemetery corporations; relating to cemetery merchandise trust contracts; relating to the permanent maintenance fund; amending K.S.A. 16-320, 16-321, 16-322, 16-323, 16-325, 16328, 16-329, 16-331, 16-332, 16-333, 16-334, 17-1311, 17-1311a, 17-1312, 17-1312a, 17-1312d, 17-1312e, 17-1312g and 17-1366 and repealing the existing sections; also repealing K.S.A. 16-324, by Committee on Local Government. HB 2241, AN ACT concerning the Kansas dental practices act; relating to proprietor arrangements with licensees of dentistry; amending K.S.A. 65-1424 and K.S.A. 2010 Supp. 65-1435 and 65-1436 and repealing the existing sections, by Committee on Health and Human Services. HB 2242, AN ACT concerning use of vital statistics; relating to death and stillbirth certificates; amending K.S.A. 65-2401 and 65-2412 and repealing the existing sections, by Committee on Health and Human Services. HB 2243, AN ACT concerning the wage payment act; pertaining to remedies for employees whose employers repeatedly fail to pay wages; amending K.S.A. 2010 Supp. 44-313 and repealing the existing section, by Representatives Dillmore, Burroughs, Carlin, Davis, Finney, Frownfelter, S. Gatewood, Henderson, Kuether, Lane, McCray-Miller, Pauls, Ruiz, Trimmer, Victors, Wetta, Winn and K. Wolf. HB 2244, AN ACT concerning continuing education for certain licensed contractors; amending K.S.A. 2010 Supp. 12-1509, 12-1526 and 12-1542 and repealing the existing sections, by Committee on Commerce and Economic Development. HB 2245, AN ACT concerning schools; relating to pupils; reading state assessments; amending K.S.A. 2010 Supp. 72-9921 and repealing the existing section, by Committee on Education. HB 2246, AN ACT concerning children; relating to paternity thereof, by Representative McCray-Miller. HB 2247, AN ACT concerning motor vehicles; relating to distinctive license plates; providing for the masonic lodge license plate, by Committee on Transportation. HB 2248, AN ACT concerning postsecondary education; relating to the costs of remedial courses; amending K.S.A. 2010 Supp. 72-6438 and repealing the existing section, by Committee on Education Budget. HB 2249, AN ACT concerning controlled substances; relating to cathinones; amending K.S.A. 2010 Supp. 65-4105 and repealing the existing section, by Committee on Corrections and Juvenile Justice. HB 2250, AN ACT concerning crimes, criminal procedure and punishment; relating to drug crimes; amending K.S.A. 2010 Supp. 21-36a01, 21-36a05, 21-36a09, 21-36a10, 21-36a13 and 21-36a14 and repealing the existing sections, by Committee on Corrections and Juvenile Justice. HB 2251, AN ACT relating to out-of-state pupils; amending K.S.A. 72-6757 and K.S.A. 2010 Supp. 72-6407 and repealing the existing sections, by Committee on Education. HB 2252, AN ACT concerning divorce; relating to restoration of former name; amending K.S.A. 2010 Supp. 60-1610 and repealing the existing section, by Committee on Judiciary. HB 2253, AN ACT concerning civil procedure; relating to private rights of action; certain restrictions, by Committee on Judiciary. HB 2254, AN ACT concerning marriage; relating to covenant marriage; amending K.S.A. 23-105, 23-109, 60-1601 and 60-1627 and K.S.A. 2010 Supp. 23-106 and repealing the existing sections, by Representatives Howell, Arpke, Boman, Brown, Brunk, Calloway, Collins, DeGraaf, Garber, Goico, Gonzalez, Goodman, Gregory, Hedke, Hermanson, M. Holmes, Huebert, Kelley, Kiegerl, Kinzer, Mast, McLeland, Meier, Mesa, Montgomery, OHara, Osterman, Otto, Patton, Peck, Rhoades, Ryckman, Scapa, Seiwert, Siegfreid, Vickrey and Weber. HB 2255, AN ACT creating the task force on obesity prevention and management, by Representative Ballard.
HB 2256, AN ACT concerning contracts with minority businesses, by Committee on Commerce and Economic Development. HB 2257, AN ACT concerning school districts; relating to supplemental general state aid; statewide levy for public schools, exemption therefrom; income tax checkoff for school district contributions; voluntary wage withholding for school district contributions, requirements and procedures; amending K.S.A. 2010 Supp. 72-6407, 72-6431, 726433d, 72-6434, 74-4939a and 79-201x and repealing the existing sections, by Representative Otto. HB 2258, AN ACT authorizing the secretary of social and rehabilitation services to convey certain real estate to the evangelical lutheran good samaritan society in Ellsworth county, Kansas, by Representative Johnson. HB 2259, AN ACT concerning criminal procedure; relating to appearance bonds; amending K.S.A. 2010 Supp. 22-2802 and repealing the existing section, by Committee on Judiciary. HB 2260, AN ACT concerning civil procedure; relating to exercise of religion, by Committee on Judiciary. HB 2261, AN ACT enacting the revised uniform limited liability company act; amending K.S.A. 65-1522 and 65-1524 and K.S.A. 2010 Supp. 45-229 and repealing the existing sections; also repealing K.S.A. 17-7662, 17-7663, 17-7664, 17-7665, 17-7666, 17-7667, 17-7668, 17-7669, 17-7670, 17-7671, 17-7672, 17-7673, 17-7674, 17-7676, 17-7677, 17-7679, 17-7680, 17-7682, 17-7683, 17-7686, 17-7687, 17-7688, 17-7689, 17-7690, 17-7691, 17-7692, 17-7693, 17-7694, 17-7695, 17-7696, 17-7697, 17-7698, 17-7699, 17-76,100, 17-76,101, 17-76,102, 17-76,103, 17-76,104, 17-76,105, 1776,106, 17-76,107, 17-76,108, 17-76,109, 17-76,110, 17-76,111, 17-76,112, 17-76,113,17-76,114, 17-76,115, 17-76,116, 17-76,117, 17-76,118, 17-76,119, 17-76,120, 17-76,121, 17-76,122, 17-76,123, 17-76,124, 17-76,125, 1776,126, 17-76,127, 17-76,128,17-76,129, 17-76,130, 17-76,131, 17-76,132, 17-76,133, 17-76,134, 17-76,135, 17-76,136, 17-76,137, 17-76,138, 1776,139, 17-76,140, 17-76,141, and 17-76,142, K.S.A. 2010 Supp. 17-7675, 17-7678 and 17-7681, by Representative Kinzer. HB 2262, AN ACT concerning the Hiram Price Dillon house; authorizing the secretary of administration to convey certain real property to a not-for-profit corporation established to support, coordinate, foster and develop the arts of their practice within the state of Kansas; prescribing certain requirements and limitations relating thereto, by Representatives Arpke, Brown, Calloway, Cassidy, Fawcett, Goodman, Gregory, Henderson, Howell, Huebert, Johnson, Kelley, Kelly, Kuether, Loganbill, OBrien, Proehl, Vickrey, Winn and B. Wolf. HB 2263, AN ACT concerning retirement and pensions; relating to the Kansas police and firemens retirement system; retirement benefits; employee contributions, increase; amending K.S.A. 74-4958, 74-4958a and 74-4965 and repealing the existing sections, by Representative Burgess.

HCR 5008, By Committee on Elections, A PROPOSITION to amend section 1 of article 10 of the constitution of the state of Kansas, relating to the reapportionment of senatorial and representative districts. HCR 5009, By Joint Committee on Energy and Environmental Policy, A CONCURRENT RESOLUTION urging the Environmental Protection Agency to develop regulations and standards that minimize adverse impacts and continue to let state permit writers to determine the best available technology for site specific ecosystems. HCR 5010, By Committee on Education, A PROPOSITION to amend section 6 of article 6 of the constitution of the state of Kansas; relating to school finance. HCR 5011, By Committee on Government Efficiency, A PROPOSITION to amend article 11 of the constitution of the state of Kansas by adding a new section thereto, concerning a contingency reserve fund and a debt prepayment fund in the state treasury. HCR 5012, By Committee on Energy and Utilities, A CONCURRENT RESOLUTION establishing policy goals for energy development, consumption and costs.
Senate Bills
SB 81, AN ACT concerning children and minors; relating to adoption; amending K.S.A. 2010 Supp. 38-2270 and repealing the existing section, by Committee on Federal and State Affairs. SB 82, AN ACT concerning racial and other profiling; amending K.S.A. 22-4606, 22-4609, 22-4610 and 22-4611 and repealing the existing (continued)
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sections; also repealing K.S.A. 22-4604 and 22-4608, by Committee on Federal and State Affairs. SB 83, AN ACT concerning judges and justices; relating to the employment of retirants; amending K.S.A. 20-2622 and repealing the existing section, by Committee on Judiciary. SB 84, AN ACT concerning children and minors; relating to permanency planning; amending K.S.A. 2010 Supp. 38-2263 and repealing the existing section, by Committee on Federal and State Affairs. SB 85, AN ACT concerning group life insurance; removing mandatory participation requirements; amending K.S.A. 2010 Supp. 40-433 and repealing the existing section, by Committee on Financial Institutions and Insurance. SB 86, AN ACT concerning income taxation; relating to capital gains; amending K.S.A. 2010 Supp. 79-32,117 and 79-32,138 and repealing the existing sections, by Committee on Assessment and Taxation. SB 87, AN ACT concerning property taxation; relating to exemptions; community service organizations providing humanitarian services; amending K.S.A. 2010 Supp. 79-201 and repealing the existing section, by Committee on Assessment and Taxation. SB 88, AN ACT concerning the healing arts; relating to naturopathic medicine; prescription, recommendation or administration of natural medicines; amending K.S.A. 2010 Supp. 65-7202 and repealing the existing section, by Committee on Public Health and Welfare. SB 89, AN ACT concerning local health departments; relating to funding reduction; amending K.S.A. 65-242 and repealing the existing section, by Committee on Public Health and Welfare. SB 90, AN ACT concerning the behavioral sciences regulatory board; relating to licensure; amending K.S.A. 2010 Supp. 74-7507 and repealing the existing section, by Committee on Public Health and Welfare. SB 91, AN ACT concerning victims of sexual assault; relating to emergency contraception information, by Committee on Public Health and Welfare. SB 92, AN ACT concerning the board of cosmetology; relating to licensing requirements; amending K.S.A. 2010 Supp. 65-1901, 65-1905 and 65-1912 and repealing the existing sections, by Committee on Public Health and Welfare. SB 93, AN ACT concerning law enforcement; amending K.S.A. 224606, 22-4608, 22-4610 and 22-4611 and repealing the existing sections, by Committee on Federal and State Affairs. SB 94, AN ACT concerning children and minors; relating to orders of temporary custody; amending K.S.A. 2010 Supp. 38-2243 and repealing the existing section, by Committee on Federal and State Affairs. SB 95, AN ACT concerning income taxation; relating to corporations; rate of taxation; amending K.S.A. 2010 Supp. 79-32,110 and repealing the existing section, by Committee on Assessment and Taxation. SB 96, AN ACT concerning business entities; relating to resident agents, articles of incorporation and certificates of good standing; amending K.S.A. 17-6202, 17-6203, 17-7666, 17-76,121, 17-76,123, 561a502 and 56a-303 and K.S.A. 2010 Supp. 17-7301, 56-1a104, 56-1a504, 56a-1005 and 56a-1102 and repealing the existing sections, by Committee on Judiciary. SB 97, AN ACT concerning courts; relating to court fees and costs; relating to the judicial branch surcharge fund; docket fees for expungement of records; amending Section 254 of chapter 136 of the 2010 Session Laws of Kansas and K.S.A. 2010 Supp. 8-2107, 8-2110, 22-2410, 23-108a, 28-170, 28-172a, 28-177, 28-178, 38-2215, 38-2312, 38-2314, 59-104, 601621, 60-2001, 60-2203a, 61-2704 and 61-4001 and repealing the existing sections, by Committee on Judiciary. SB 98, AN ACT concerning taxation; relating to income tax, rates and elimination of tax on corporations; sales taxation, exemptions, rates and distribution of revenue and imposition of tax on certain services; eliminating food sales tax refund; amending K.S.A. 2010 Supp. 12-198, 7932,110, 79-3602, 79-3603, 79-3606, 79-3620, 79-3703 and 79-3710 and repealing the existing sections; also repealing K.S.A. 79-3632, 79-3634, 79-3636, 79-3637 and 79-3638 and K.S.A. 2010 Supp. 79-3633, 79-3635 and 79-3639, by Committee on Assessment and Taxation. SB 99, AN ACT concerning electronic transmission of prescription orders; establishing the electronic prescription adoption act, by Committee on Public Health and Welfare. SB 100, AN ACT concerning the addictions counselor licensure act; amending section 2, section 4, section 7, section 8, section 9 and section 10 of chapter 45 of the 2010 Session Laws of Kansas and repealing the existing sections, by Committee on Public Health and Welfare. SB 101, AN ACT concerning homeowners associations; amending K.S.A. 2010 Supp. 58-4605 and repealing the existing section, by Committee on Ethics and Elections.
SB 102, AN ACT concerning the governmental ethics commission; amending K.S.A. 2010 Supp. 25-4119f, 25-4145 and 46-265 and repealing the existing sections, by Committee on Ethics and Elections. SB 103, AN ACT concerning elections; pertaining to methods of voting absentee ballots by uniformed and overseas citizens and federal service voters; amending K.S.A. 25-1215 and 25-1218 and K.S.A. 2010 Supp. 25-1216 and repealing the existing sections, by Committee on Ethics and Elections. SB 104, AN ACT concerning the Kansas tort claims act; pertaining to charitable health care providers; amending K.S.A. 2010 Supp. 75-6102 and repealing the existing section, by Committee on Judiciary. SB 105, AN ACT concerning interest on judgments; amending K.S.A. 16-201 and 16-204 and repealing the existing sections, by Committee on Judiciary. SB 106, AN ACT concerning consumer protection; amending K.S.A. 50-623, 50-634 and 50-636 and K.S.A. 2010 Supp. 50-624 and repealing the existing sections, by Committee on Judiciary. SB 107, AN ACT concerning liability for medical expenses of persons in custody of law enforcement; amending K.S.A. 22-4612 and repealing the existing section, by Committee on Judiciary. SB 108, AN ACT concerning register of deeds; relating to recording of plats; payment of taxes and assessments; amending K.S.A. 2010 Supp. 19-1207, 58-3115 and 58-3707 and repealing the existing sections, by Committee on Assessment and Taxation. SB 109, AN ACT concerning income taxation; relating to credits; electric vehicle charging stations, by Committee on Assessment and Taxation. SB 110, AN ACT concerning certain appointments made by KTEC; transferring such authority to the governor; amending K.S.A. 2010 Supp. 74-99b04 and repealing the existing section, by Committee on Commerce. SB 111, AN ACT concerning school districts; relating to special education state aid; amending K.S.A. 2010 Supp. 72-978 and repealing the existing section, by Committee on Federal and State Affairs. SB 112, AN ACT concerning land surveyors; amending K.S.A. 191407, 19-1411, 19-1412, 19-1413, 19-1416, 19-1417, 19-1420, 19-1422, 191423, 19-1426, 19-1430, 24-106, 24-802, 25-101, 42-358, 58-2001, 58-2002, 58-2003, 58-2004, 58-2005, 58-2011, 68-104, 68-131, 68-1407 and 79-409 and K.S.A. 2010 Supp. 68-1402 and repealing the existing sections; also repealing K.S.A. 19-1403, 19-1421, 19-1432 and 68-108, by Committee on Federal and State Affairs. SB 113, AN ACT concerning the conveyance of real estate and improvements thereon; relating to the university of Kansas hospital, by Senator Steineger. SB 114, AN ACT concerning homeowners associations; amending K.S.A. 2010 Supp. 58-4608 and 58-4618 and repealing the existing sections; also repealing K.S.A. 2010 Supp. 58-4610, by Committee on Ways and Means. SB 115, AN ACT repealing K.S.A. 75-5002 and 75-5003; relating to the highway advisory commission, by Committee on Ways and Means. SB 116, AN ACT concerning taxation; regarding tax information; disclosure of information to the state treasurer for the purpose of locating unclaimed property owners; amending K.S.A. 2010 Supp. 79-3234 and repealing the existing section, by Committee on Ways and Means. SB 117, AN ACT concerning the Kansas health policy authoritys drug utilization program; amending K.S.A. 2010 Supp. 39-7,119, 397,121a and 77-421 and repealing the existing sections, by Committee on Ways and Means. SB 118, AN ACT concerning board of barbering; relating to fees; amending K.S.A. 2010 Supp. 65-1817 and repealing the existing section, by Committee on Ways and Means. SB 119, AN ACT concerning rail service improvement program loans and grants; amending K.S.A. 2010 Supp. 75-5048 and 75-5049 and repealing the existing sections, by Committee on Ways and Means. SB 120, AN ACT concerning requirements for the issuance of certificates of title for vessels; requiring notice, priority, release and surrender of security interests in vessels, by Committee on Transportation. SB 121, AN ACT concerning real estate brokers and salespersons; relating to license fees; amending K.S.A. 2010 Supp. 58-3063 and repealing the existing section, by Committee on Ways and Means. SB 122, AN ACT concerning the Kansas water office; relating to easements on state property for conservation projects, by Committee on Natural Resources. SB 123, AN ACT concerning the department of wildlife and parks; relating to public use of cabins on state land, by Committee on Natural Resources.
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SB 124, AN ACT concerning water; relating to water supply storage access and creating the lower smoky hill water supply access program, by Committee on Natural Resources. SB 125, AN ACT concerning elections; relating to candidate filing deadlines; amending K.S.A. 25-4004 and K.S.A. 2010 Supp. 25-205 and repealing the existing sections, by Committee on Ethics and Elections. SB 126, AN ACT concerning elections and campaign finance; relating to public service advertisements by candidates, by Committee on Ethics and Elections. SB 127, AN ACT concerning elections; pertaining to certain primary elections; amending K.S.A. 25-2102 and K.S.A. 2010 Supp. 25-2021, 252108a and 71-1415 and repealing the existing sections, by Committee on Ethics and Elections. SB 128, AN ACT concerning the presidential preference primary; amending K.S.A. 25-4502 and 25-4503 and K.S.A. 2010 Supp. 25-4501 and repealing the existing sections, by Committee on Ethics and Elections. SB 129, AN ACT concerning elections; dealing with filling certain vacancies; amending K.S.A. 25-321 and repealing the existing section, by Committee on Ethics and Elections. SB 130, AN ACT concerning elections; amending K.S.A. 2010 Supp. 25-205 and repealing the existing section, by Committee on Ethics and Elections. SB 131, AN ACT concerning controlled substances; relating to methamphetamine precursors; amending K.S.A. 65-4109 and 65-4123 and K.S.A. 2010 Supp. 65-4113 and repealing the existing sections; also repealing K.S.A. 2010 Supp. 65-16,101, 65-16,102, 65-16,103, 65-16,104, 6516,105, 65-16,106, 65-16,107 and 65-16,108, by Committee on Public Health and Welfare. SB 132, AN ACT concerning dental care; increasing availability and access to dental care; enacting the Kansas comprehensive oral health initiative act; establishing the Kansas dentistry bridging loan program; amending K.S.A. 2010 Supp. 65-1456 and repealing the existing section, by Committee on Public Health and Welfare. SB 133, AN ACT concerning health information; enacting the Kansas health information technology and exchange act; amending K.S.A. 161602 and repealing the existing section; also repealing K.S.A. 65-1734, 65-4970, 65-4972 and 65-4973 and K.S.A. 2010 Supp. 65-3228, 65-4971 and 65-4974, by Committee on Public Health and Welfare. SB 134, AN ACT relating to nursing; concerning advanced practice nursing; amending K.S.A. 40-2250, 65-1113, 65-1114, 65-1118, 65-1120, 65-1122, 65-1130, 65-1131, 65-1133, 65-1154, 65-1163, 74-32,131, 7432,132, 74-32,133, 74-32,134, 74-32,135, 74-32,136, 74-32,137 and 7432,138 and K.S.A. 2010 Supp. 8-1,125, 39-7,119, 40-2,111, 65-468, 65-1132, 65-1626, 65-2921, 65-4101, 65-5402, 65-6112, 65-6119, 65-6120, 65-6121, 65-6123, 65-6124, 65-6129c, 65-6135, 65-6144, 72-5213, 72-8252 and 741106 and repealing the existing sections; also repealing K.S.A. 2010 Supp. 65-1626d, by Committee on Public Health and Welfare. SB 135, AN ACT concerning racketeering; enacting the Kansas racketeer influenced and corrupt organization act; amending K.S.A. 2010 Supp. 60-4104 and section 34 of chapter 136 of the 2010 Session Laws of Kansas and repealing the existing sections; also repealing K.S.A. 2010 Supp. 21-3302, by Senators Petersen and Schodorf. SB 136, AN ACT concerning insurance; relating to the recovery of economic or noneconomic loss sustained as a result of an accident while operating an uninsured motor vehicle, by Committee on Financial Institutions and Insurance. SB 137, AN ACT concerning the employment security law; relating to unemployment benefits for privately contracted school bus drivers; amending K.S.A. 2010 Supp. 44-706 and repealing the existing section, by Committee on Utilities. SB 138, AN ACT concerning pharmacy; creating the pharmacy audit integrity act, by Committee on Public Health and Welfare. SB 139, AN ACT concerning members of regional trauma councils and advisory committee on trauma; amending K.S.A. 2010 Supp. 755664 and 75-5665 and repealing the existing sections, by Senator Schmidt. SB 140, AN ACT enacting the Kansas small and disadvantaged business development program act, by Committee on Commerce. SB 141, AN ACT concerning the department of health and environment, relating to school-located influenza vaccination programs, by Committee on Public Health and Welfare. SB 142, AN ACT concerning evidence in civil actions; expressions of apology, sympathy, commiseration or condolence not admissible as ev-
idence of an admission of liability or as evidence of an admission against interest, by Committee on Judiciary. SB 143, AN ACT concerning postsecondary technical education; creating the postsecondary tiered technical education state aid act; amending K.S.A. 71-601, 71-620, 72-4480 and 72-6503 and repealing the existing sections; also repealing K.S.A. 71-613, 71-613a and 71-1706 and K.S.A. 2010 Supp. 72-4430, 72-4431 and 72-4432, by Committee on Education. SB 144, AN ACT concerning school districts; relating to transportation of pupils residing within 2. miles of the school building; amending K.S.A. 72-6411 and K.S.A. 2010 Supp. 72-8302 and repealing the existing sections, by Committee on Education. SB 145, AN ACT concerning certain crimes; dealing with corrupt political advertising; amending K.S.A. 2010 Supp. 25-4156 and repealing the existing section, by Committee on Ethics and Elections. SB 146, AN ACT concerning abortion; regarding certain prohibitions on late-term and partial birth abortion; amending K.S.A. 65-445, 656701, 65-6703, 65-6705 and 65-6721 and K.S.A. 2010 Supp. 65-6709 and 65-6710 and repealing the existing sections; also repealing K.S.A. 656713, by Senators Taddiken, Abrams, Apple, Bruce, Kelsey, Love, Lynn, Marshall, Masterson, Merrick, Olson, Ostmeyer, Petersen, Pilcher-Cook, Pyle, Umbarger and Wagle. SB 147, AN ACT concerning water; relating to the Republican river compact; disposition of moneys recovered from certain litigation; amending K.S.A. 2010 Supp. 82a-1804 and repealing the existing section, by Committee on Agriculture. SB 148, AN ACT concerning veterinary medicine; amending K.S.A. 2010 Supp. 47-839 and repealing the existing section, by Committee on Agriculture. SB 149, AN ACT enacting the Kansas firearms freedom act, by Senators Merrick, Abrams, Bruce, Marshall, Masterson, Olson, Ostmeyer, Petersen and Pilcher-Cook. SB 150, AN ACT concerning cities; relating to incorporation; amending K.S.A. 15-116, 15-117 and 15-124 and repealing the existing sections, by Committee on Ways and Means. SB 151, AN ACT concerning the highway advertising control act; amending K.S.A. 2010 Supp. 68-2232, 68-2233 and 68-2234 and repealing the existing sections, by Committee on Ways and Means. SB 152, AN ACT concerning wildlife; relating to hunting; amending K.S.A. 2010 Supp. 32-1002 and repealing the existing section, by Committee on Natural Resources. SB 153, AN ACT concerning the low-income family postsecondary savings account incentive program; amending K.S.A. 2010 Supp. 75-650 and repealing the existing section, by Committee on Ways and Means. SB 154, AN ACT concerning abstracters; relating to license fees; amending K.S.A. 58-2801 and repealing the existing section, by Committee on Ways and Means. SB 155, AN ACT concerning school districts; relating to the assessed valuation of certain school districts, by Committee on Ways and Means. SB 156, AN ACT concerning the Kansas arts commission; transferring the charge, care, management and control of the Hiram Price Dillon House to the commission; authorizing an agreement for the receipt, administration and investment of certain moneys for the benefit of the commission; prescribing certain powers, duties and functions for the commission; amending K.S.A. 75-3682 and K.S.A. 2010 Supp. 41-719 and 75-3683 and repealing the existing sections, by Joint Committee on State Building Construction. SB 157, AN ACT concerning employment; relating to misclassification of employees; amending K.S.A. 2010 Supp. 44-766 and repealing the existing section, by Committee on Commerce. SB 158, AN ACT concerning civil actions; relating to damages; enacting the full and fair noneconomic damages act; amending K.S.A. 603702 and repealing the existing section, by Committee on Utilities. SB 159, AN ACT concerning crimes, punishment and criminal procedure; relating to parole and postrelease supervision for violent offenders and sex offenders; conditions; amending K.S.A. 2010 Supp. 223717 and repealing the existing section; also repealing K.S.A. 2010 Supp. 22-3717c, by Senator Pilcher-Cook. SB 160, AN ACT concerning child support; relating to collection of support payments; amending K.S.A. 2010 Supp. 23-4,107 and 75-6202 and repealing the existing sections, by Senator Lynn. SB 161, AN ACT concerning law enforcement; creating the uniform citizen contact data form, by Senator Haley. SB 162, AN ACT concerning residential real estate sales contracts and certain disclosures, by Committee on Local Government. (continued)
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SB 163, AN ACT concerning counties; dealing with county administrators; amending K.S.A. 19-3a02 and repealing the existing section, by Committee on Local Government. SB 164, AN ACT concerning plastic bulk merchandise containers; relating to sales; records; civil penalties, by Committee on Judiciary. SB 165, AN ACT concerning abortion; relating to licensure of abortion clinics, by Senators Pilcher-Cook, Abrams, Bruce, Kelsey, Love, Lynn, Marshall, Masterson, Merrick, Olson, Ostmeyer, Petersen, Pyle, Taddiken and Wagle. SB 166, AN ACT concerning certain state officers and employees; restricting outside employment, by Senators Hensley, Francisco, Kelly and Kultala. SB 167, AN ACT enacting the health care freedom act, by Senators Pilcher-Cook, Abrams, Apple, Bruce, Love, Lynn, Masterson, Merrick, Olson, Ostmeyer, Petersen, Pyle and Taddiken. SB 168, AN ACT concerning electioneering communications, by Senators Hensley, Faust-Goudeau, Francisco, Haley, Holland, Kelly and Kultala. SB 169, AN ACT concerning elections; relating to election commissioners; amending K.S.A. 19-3419 and repealing the existing section, by Senators Hensley, Haley, Kelly and Kultala. SB 170, AN ACT enacting the portable electronics insurance act, by Committee on Financial Institutions and Insurance. SB 171, AN ACT concerning public works projects for state agencies; prescribing payment of minimum wages for work thereon and preferences for certain employees to work thereon, by Senators Hensley, Francisco, Holland and Kultala. SB 172, AN ACT concerning state governmental ethics; relating to state officers and employees; relating to lobbyists; amending K.S.A. 46232 and repealing the existing section, by Senators Hensley, Francisco, Kelly and Kultala. SB 173, AN ACT concerning state educational institutions; relating to tuition and increases in the rate thereof, by Senators Hensley and Haley.
Article 5.CONTINUING EDUCATION 109-5-1. Continuing education. (a) One clock-hour of continuing education credit shall mean at least 50 minutes of instruction. (b) One academic credit hour shall be equivalent to 15 clock-hours for the purpose of continuing education credit. Credit for auditing an academic course shall be for actual clock-hours attended during which instruction was given and shall not exceed the academic credit allowed. (c) Acceptable forms of prior approved continuing education programs shall include the following: (1) Academic medical courses, whether taken for credit or audited; (2) seminars, workshops, or minicourses oriented to the enhancement of EMS practice, values, skills, and knowledge; (3) programs presented by a provider of continuing education as defined in K.A.R. 109-1-1; (4) medical or nursing continuing education programs approved by the appropriate licensing agency of this or another jurisdiction; (5) programs approved by the CECBEMS; (6) clinical training that meets the requirements of subsection (d); (7) distance learning courses that meet the criteria established in paragraph (e)(2) and K.A.R. 109-10-7; and (8) for instructor-coordinators and training officers, an educator conference approved by the board. (d) All clinical training submitted for approval shall be in the form of prescheduled clinical training sessions. The training coordinator shall provide, to the student and the clinical training faculty, the clinical training objectives to be met during the training session. The clinical training faculty shall complete a clinical training evaluation form for each student. (e)(1) Any student may be awarded one clock-hour of continuing education credit for each clock-hour of distance learning as verified by the certificate of completion, which shall not exceed the amount of credit awarded by CECBEMS or the provider of distance learning. The number of clock-hours received for continuing education credit during one calendar day shall not exceed 12. (2) Each distance learning course shall include an examination over the material presented. The provider of the distance learning course shall provide each student with the results of the examination and a certificate of completion. (3) Each student using one or more distance learning courses for the purpose of certification renewal shall keep a copy of the certificate of completion for at least three years. (f) Any attendant may apply for retroactive approval of continuing education programs that did not receive prior approval by the board. The request shall include an application approved by the executive director and the other documentation specified in K.A.R. 109-5-5. The request shall be received in the board office within 90 days following the end of the program. (Authorized by K.S.A. 2009 Supp. 65-6111, as amended by L. 2010, ch. 119, sec. 1; implementing K.S.A. 2009 Supp. 65-6129, as amended by L. 2010, ch. 119, sec. 8, K.S.A. 65-6129b, and K.S.A. 65-
Senate Current Resolutions

SCR 1603, By Committee on Judiciary, A PROPOSITION to amend section 5 of article 3 of the constitution of the state of Kansas; relating to the selection of justices of the supreme court. SCR 1604, By Senators Pilcher-Cook, Abrams, Bruce, Love, Lynn, Masterson, Merrick, Olson, Ostmeyer, Petersen, Pyle, Steineger and Taddiken, A PROPOSITION to amend the constitution of the state of Kansas by adding a new article 16 thereto, concerning health care.
Senate Resolutions
SR 1811, by Senator Steineger, A RESOLUTION to create the KansanTurkish Friendship Network.
Doc. No. 039129
State of Kansas

Temporary Administrative Regulations Article 1.DEFINITIONS 109-1-1a. Definitions. The following terms, as used in this agencys regulations, shall have the following meanings. (a) Sponsoring organization means provider of training, as defined in K.S.A. 65-6112 and amendments thereto. (b) Teach means instruct or coordinate training, or both. (Authorized by K.S.A. 65-6110 and K.S.A. 2009 Supp. 65-6111, as amended by L. 2010, ch. 119, sec. 1; implementing K.S.A. 65-6110 and K.S.A. 2009 Supp. 656111, as amended by L. 2010, ch. 119, sec. 1; effective, T109-2-7-11, Feb. 7, 2011.)
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6129c, as amended by L. 2010, ch. 119, sec. 9; effective, T88-122, May 18, 1987; amended, T-88-24, July 15, 1987; amended May 1, 1988; amended July 17, 1989; amended Feb. 3, 1992; amended Aug. 16, 1993; amended Dec. 19, 1994; amended Nov. 1, 1996; amended Nov. 12, 1999; amended, T-109-8-8-00, Aug. 8, 2000; amended Nov. 13, 2000; amended Aug. 30, 2002; amended Sept. 10, 2010; amended, T-109-2-7-11, Feb. 7, 2011.) 109-5-1a. First responder and emergency medical responder (EMR) continuing education. (a) Each applicant for certification renewal as a first responder who is scheduled for renewal on or before December 31, 2012 shall have completed the board-approved transition course to transition to the emergency medical responder (EMR) certification as specified in K.S.A. 65-6144, and amendments thereto. (b) Each applicant for certification renewal as an EMR shall have earned at least 16 clock-hours of documented and approved continuing education during the initial certification period and during each biennial period thereafter. (Authorized by K.S.A. 2009 Supp. 65-6111, as amended by L. 2010, ch. 119, sec. 1; implementing K.S.A. 2009 Supp. 65-6129, as amended by L. 2010, ch. 119, sec. 8; effective, T-109-2-7-11, Feb. 7, 2011.) 109-5-1b. Emergency medical technician (EMT) continuing education. (a) Each applicant for certification renewal as an EMT who is scheduled for renewal on or before December 31, 2012 shall have completed the board-approved transition course to transition to the EMT level of certification as specified in K.S.A. 65-6121, and amendments thereto. (b) After January 1, 2013, each applicant for EMT shall have earned at least 28 clock-hours of documented and approved continuing education during the initial certification period and during each biennial period thereafter. (Authorized by K.S.A. 2009 Supp. 65-6111, as amended by L. 2010, ch. 119, sec. 1; implementing K.S.A. 2009 Supp. 65-6129, as amended by L. 2010, ch. 119, sec. 8; effective, T-109-2-7-11, Feb. 7, 2011.) 109-5-1d. Mobile intensive care technician (MICT) and paramedic continuing education. (a) Each applicant for certification renewal as an MICT shall have earned at least 60 clock-hours of documented and approved continuing education during the preceding biennial period to transition to paramedic. (b) Each applicant for certification renewal as a paramedic shall have earned at least 60 clock-hours of documented and approved continuing education during the initial certification period and during each biennial period thereafter. (Authorized by K.S.A. 2009 Supp. 656111, as amended by L. 2010, ch. 119, sec. 1, and K.S.A. 65-6119, as amended by L. 2010, ch. 119, sec. 3; implementing K.S.A. 2009 Supp. 65-6119, as amended by L. 2010, ch. 119, sec. 3, and K.S.A. 65-6129, as amended by L. 2010, ch. 119, sec. 8; effective, T-109-2-7-11, Feb. 7, 2011.) 109-5-1e. Instructor-coordinator (I-C) continuing education. Each applicant for certification renewal as an I-C shall provide documentation of both of the following:
(a) The applicant is certified as an attendant at or above the level of EMT or is licensed as a physician or professional nurse, as defined by K.S.A. 65-1113 and amendments thereto. (b) The applicant attended, during the biennial period immediately preceding the date of application for renewal, an educator conference approved by the board. (Authorized by K.S.A. 2009 Supp. 65-6111, as amended by L. 2010, ch. 119, sec. 1; implementing K.S.A. 65-6129b; effective, T-109-2-7-11, Feb. 7, 2011.) 109-5-1f. Training officer continuing education. Each applicant for certification renewal as a training officer shall provide documentation of the following: (a) The applicant is certified as an attendant at or above the level of EMT or is licensed as a physician, physicians assistant, advance registered nurse practitioner, or professional nurse as defined by K.S.A. 65-1113, and amendments thereto. (b) The applicant attended, during the biennial period immediately preceding the date of application for renewal, an educator conference approved by the board. (Authorized by K.S.A. 2009 Supp. 65-6111, as amended by L. 2010, ch. 119, sec. 1; implementing K.S.A. 65-6129c, as amended by L. 2010, ch. 119, sec. 9; effective, T-109-27-11, Feb. 7, 2011.) 109-5-7a. Emergency medical responder (EMR) transition course approval. (a) The transition course curriculum for the emergency medical responder shall be the document titled EMR lesson plan in the emergency medical responder transition course, dated July 11, 2010, which is hereby adopted by reference. (b) The train the trainer course curriculum for the EMR and EMT train the trainer courses shall be the EMR/EMT train the trainer course, dated August 6, 2010, which is hereby adopted by reference. (c) Each sponsoring organization shall submit a singleprogram continuing education application to the executive director to conduct, through teaching, coordinating, or both, a transition module or an entire transition course. (d) Each sponsoring organization shall meet the following requirements: (1) Ensure that the curriculum adheres to the requirements specified in subsection (a); (2) submit a complete application for single-program approval to the executive director at least 30 days before the requested transition course. A complete application shall include the following: (A) The signature of the instructor-coordinator or training officer who meets the requirements of K.A.R. 109-57d and is responsible for the coordination of the transition course; (B) the signature of the identified sponsoring organizations medical advisor; (C) a course schedule that includes the date and time of each transition course module or session, the title of each transition course topic, and the instructor for each transition course module or session; and (D) assurance of use of the cognitive examination and psychomotor skills competency evaluation tools pro(continued)
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vided as part of the instructor manual for the transition course at the level of course to be taught; (3) provide each student with a certificate of completion that includes the following: (A) The name of the sponsoring organization; (B) a statement that the transition course has been approved by the board; (C) the title of the transition course module or entire transition course; (D) the date and location of the transition course module or session; (E) the amount of continuing education credit completed by the attendant for the transition course module or entire transition course; (F) the board-assigned course identification number; (G) the printed name and signature of the instructorcoordinator or training officer who meets the requirements specified in subsection (b) and is responsible for the coordination of the transition course; and (H) the names of the primary instructor-coordinator (IC), training officer (TO), and any person who provides teaching assistance including subject matter experts, lab assistants, clinical or field preceptors, and guest lecturers; (4) provide a copy of all transition course rosters to the board office; and (5) maintain the following records for at least five years: (A) A copy of all documents required to be submitted with the application for single-program approval; (B) a list of all persons used in the teaching of the course. The list shall include the name and credentials of the primary I-C, training officer, and any person who provides teaching assistance including subject matter experts, lab assistants, preceptors, and guest lecturers; (C) student attendance records; and (D) completed copies of student evaluations for each of the transition course modules or entire transition course. (e) A subject matter expert may apply content taught by the subject matter expert during a transition course as content needed to complete the subject matter experts transition course. (f) Upon request by the executive director, each sponsoring organization shall provide a copy of all transition course records. (Authorized by K.S.A. 65-6110, K.S.A. 2009 Supp. 65-6111, as amended by L. 2010, ch. 119, sec. 1; implementing K.S.A. 65-6110, K.S.A. 2009 Supp. 656111, as amended by L. 2010, ch. 119, sec. 1, and K.S.A. 65-6144, as amended by L. 2010, ch. 119, sec. 11; effective, T-109-2-7-11, Feb. 7, 2011.) 109-5-7b. Emergency medical technician (EMT) transition course approval. (a) The transition course curriculum for the emergency medical technician shall be the document titled EMT lesson plan in the emergency medical technician transition course, dated July 11, 2010, which is hereby adopted by reference. (b) The train the trainer course curriculum for EMR and EMT train the trainer courses shall be the EMR/EMT train the trainer course adopted by reference in K.A.R. 109-5-7a. (c) Each sponsoring organization shall submit a singleprogram continuing education application to the executive director to conduct, through teaching, coordinating, or both, a transition module or an entire transition course.
(d) Each sponsoring organization shall meet the following requirements: (1) Ensure that the curriculum meets the requirements specified in subsection (a); (2) submit a complete application for single-program approval to the executive director at least 30 days before the requested transition course. A complete application shall include the following: (A) The signature of the instructor-coordinator or training officer who meets the requirements of K.A.R. 109-57d and is responsible for the coordination of the transition course; (B) the signature of the identified sponsoring organizations medical advisor; (C) a course schedule that includes the date and time of each transition course module or session, the title of each transition course topic, and the instructor for each transition course module or session; and (D) assurance of use of the cognitive examination and psychomotor skills competency evaluation tools provided as part of the instructor manual for the transition course at the level of course to be taught; (3) provide each student with a certificate of completion that includes the following: (A) The name of the sponsoring organization; (B) a statement that the transition course has been approved by the board; (C) the title of the transition course module or entire transition course; (D) the date and location of the transition course module or session; (E) the amount of continuing education credit completed by the attendant for the transition course module or entire transition course; (F) the board-assigned course identification number; (G) the printed name and signature of the instructorcoordinator or training officer who meets the requirements specified in subsection (b) and is responsible for the coordination of the transition course; and (H) the names of the primary instructor-coordinator (IC), training officer (TO), and any person who provides teaching assistance including subject matter experts, lab assistants, clinical or field preceptors, and guest lecturers; (4) provide a copy of all transition course rosters to the board office; and (5) maintain the following records for at least five years: (A) A copy of all documents required to be submitted with the application for single-program approval; (B) a list of all persons used in the teaching of the course. The list shall include the names and credentials of the primary I-C, training officer, and any person who provides teaching assistance including subject matter experts, lab assistants, preceptors, and guest lecturers; (C) student attendance records; and (D) completed copies of student evaluations for each of the transition course modules or entire transition course. (e) A subject matter expert may apply content taught by the subject matter expert during a transition course as content needed to complete the subject matter experts transition course. (f) Upon request by the executive director, each sponsoring organization shall provide a copy of all transition
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course records. (Authorized by K.S.A. 65-6110, K.S.A. 2009 Supp. 65-6111, as amended by L. 2010, ch. 119, sec. 1; implementing K.S.A. 65-6110, K.S.A. 2009 Supp. 656111, as amended by L. 2010, ch. 119, sec. 1; effective, T109-2-7-11, Feb. 7, 2011.) 109-5-7d. EMR and EMT train the trainer transition course approval. (a) The transition course curriculum for the EMR and EMT train the trainer shall be the EMR/EMT train the trainer course adopted by reference in K.A.R. 109-5-7a. (b) Training officers and instructor-coordinators may coordinate transition courses after completion of the emergency medical responder and emergency medical technician transition train the trainer course. (c) Upon request by the executive director, a training officer or instructor-coordinator shall provide a copy of all transition course records. (Authorized by K.S.A. 656110, K.S.A. 2009 Supp. 65-6111, as amended by L. 2010, ch. 119, sec. 1; implementing K.S.A. 65-6110 and K.S.A. 2009 Supp. 65-6111, as amended by L. 2010, ch. 119, sec. 1; effective, T-109-2-7-11, Feb. 7, 2011.) Article 8.EXAMINATIONS 109-8-1. Examination. (a)(1) The cognitive certification examination for first responders , emergency medical responders, emergency medical technicians trained under the 1994 national standard curriculum modified and adopted by the board, emergency medical technicians trained under the 2010 Kansas emergency medical services education standards: emergency medical technician, advanced emergency medical technicians, mobile intensive care technicians, and paramedics shall be the national registry examination. (2) Any applicant for certification who fails the national registry cognitive examination may retake the examination the maximum allowable number of times pursuant to national registry policy. (b) The cognitive certification examination for emergency medical technician-intermediate shall be the examination approved by the board on October 4, 1991. (c) The cognitive certification examination for instructor-coordinator shall be the final cognitive examination developed by the sponsoring organization and approved by the board. (d) The cognitive certification examinations for training officer I and training officer II approval shall be the final cognitive examinations developed by the sponsoring organization and approved by the board. (e) Any emergency medical technician-intermediate, instructor-coordinator, training officer I, or training officer II who fails the examination may retake it a maximum of three times. An applicant who has failed the examination three times shall not submit a new application for examination until documentation of successful completion of additional board-approved education has been received from the applicants instructor and reviewed by the executive director. (f) Each emergency medical technician-intermediate applicant shall be required to obtain a score of at least 70 percent on each cognitive examination and shall be required to demonstrate competency in psychomotor skills
as evaluated by the executive director, using criteria approved by the board. (g) Each first responder, emergency medical responder, or emergency medical technician applicant shall be required to successfully complete the national registry of emergency medical technicians cognitive examination and shall be required to demonstrate competency in psychomotor skills as evaluated by the vendor contracted by the board, using criteria approved by the board. (h) Each advanced emergency medical technician, mobile intensive care technician, or paramedic applicant shall successfully complete the national registry of emergency medical technicians cognitive examination and psychomotor skills evaluation. (i) Any first responder, emergency medical responder, or emergency medical technician applicant who is tested in such psychomotor skills and who fails any psychomotor skill station may retest each failed station a maximum of three times. (j) Any advanced emergency medical technician, mobile intensive care technician, or paramedic applicant who is tested on such psychomotor skills in accordance with national registry criteria and who fails any psychomotor skill station may retest each failed portion the maximum allowable times under national registry policies. (k) Any examination for certification may be modified by the board as a pilot project to evaluate proposed changes to the psychomotor skills examination. (Authorized by K.S.A. 65-6110 and K.S.A. 65-6111, as amended L. 2010, ch. 119, sec. 1; implementing K.S.A. 65-6111, as amended L. 2010, ch. 119, sec. 1, K.S.A. 2009 Supp. 656129, as amended L. 2010, ch. 119, sec. 8, K.S.A. 65-6129b, and K.S.A. 65-6129c, as amended L. 2010, ch. 119, sec. 9; effective, T-109-1-19-89, Jan. 19, 1989; effective July 17, 1989; amended Aug. 27, 1990; amended Feb. 3, 1992; amended Dec. 19, 1994; amended Jan. 5, 1996; amended Nov. 8, 1996; amended May 16, 1997; amended, T-109-27-11, Feb. 7, 2011.) Article 10.CURRICULA 109-10-1a. Approved emergency medical responder education standards. (a) The document titled Kansas emergency medical services education standards: emergency medical responder (EMR), dated July 2010, is hereby adopted by reference to implement the new scope of practice pursuant to K.S.A. 65-6144, and amendments thereto, for emergency medical responder initial courses of instruction. (b) Proposed curricula or proposed curricular revisions may be approved by the board to be taught as a pilot project, for a maximum of three initial courses of instruction, so that the board can evaluate the proposed curricula or proposed curricular revisions and consider permanent adoption of the proposed curricula or proposed curricular revisions. Students of each approved pilot project course shall, upon successful completion of the approved pilot project course, be eligible to take the boardapproved examination for certification at the attendant level for the approved pilot project course. All examination regulations shall be applicable to students success(continued)
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fully completing an approved pilot project course. (Authorized by K.S.A. 65-6110 and K.S.A. 2009 Supp. 65-6111, as amended by L. 2010, ch. 119, sec. 1; implementing K.S.A. 65-6144, as amended by L. 2010, ch. 119, sec. 11; effective, T-109-2-7-11, Feb. 7, 2011.) 109-10-1b. Approved emergency medical technician education standards. (a) The document titled Kansas emergency medical services education standards: emergency medical technician (EMT), dated July 2010, is hereby adopted by reference to implement the new scope of practice pursuant to K.S.A. 65-6121, and amendments thereto, for emergency medical technician initial courses of instruction under the new emergency medical technician scope of practice. (b) Proposed curricula or proposed curricular revisions may be approved by the board to be taught as a pilot project, for a maximum of three initial courses of instruction, so that the board can evaluate the proposed curricula or proposed curricular revisions and consider permanent adoption of the proposed curricula or proposed curricular revisions. Students of each approved pilot project course shall, upon successful completion of the approved pilot project course, be eligible to take the boardapproved examination for certification at the attendant level for the approved pilot project course. All examination regulations shall be applicable to students successfully completing an approved pilot project course. (Authorized by K.S.A. 65-6110 and K.S.A. 2009 Supp. 65-6111, as amended by L. 2010, ch. 119, sec. 1; implementing K.S.A. 65-6121, as amended by L. 2010, ch. 119, sec. 5; effective, T-109-2-7-11, Feb. 7, 2011.) 109-10-1d. Approved paramedic education standards. (a) The document titled Kansas emergency medical services education standards: paramedic, dated July 2010, is hereby adopted by reference to implement the new scope of practice pursuant to K.S.A. 65-6119, and amendments thereto, for paramedic initial courses of instruction. (b) Proposed curricula or proposed curricular revisions may be approved by the board to be taught as a pilot project, for a maximum of three initial courses of instruction, so that the board can evaluate the proposed curricula or proposed curricular revisions and consider permanent adoption of the proposed curricula or proposed curricular revisions. Students of each approved pilot project course shall, upon successful completion of the approved pilot project course, be eligible to take the boardapproved examination for certification at the attendant level for the approved pilot project course. All examination regulations shall be applicable to students successfully completing an approved pilot project course. (Authorized by K.S.A. 65-6110 and K.S.A. 2009 Supp. 65-6111, as amended by L. 2010, ch. 119, sec. 1; implementing K.S.A. 2009 Supp. 65-6119, as amended by L. 2010, ch. 119, sec. 3; effective, T-109-2-7-11, Feb. 7, 2011.) 109-10-1e. Approved instructor-coordinator standards. (a) Modules 2 through 23 in the national guidelines for educating EMS instructors, dated August 2002 and published by the United States department of transportation, national highway traffic safety administration,
are hereby adopted by reference for instructor-coordinator (IC) initial courses of instruction. These courses shall include an evaluated assistant teaching experience for each student as specified in K.A.R. 109-9-1. (b) Proposed curricula or proposed curricular revisions may be approved by the board to be taught as a pilot project, for a maximum of three initial courses of instruction, so that the board can evaluate the proposed curricula or proposed curricular revisions and consider permanent adoption of the proposed curricula or proposed curricular revisions. Students of each approved pilot project course shall, upon successful completion of the approved pilot project course, be eligible to take the boardapproved examination for certification at the attendant level for the approved pilot project course. All examination regulations shall be applicable to students successfully completing an approved pilot project course. (Authorized by K.S.A. 65-6110 and K.S.A. 2009 Supp. 65-6111, as amended by L. 2010, ch. 119, sec. 1; implementing K.S.A. 65-6129b; effective, T-109-2-7-11, Feb. 7, 2011.) 109-10-1f. Approved training officer I education standards. (a) The document titled Kansas board of EMS training officer I: initial course standards, dated January 3, 2011, is hereby adopted by reference for training officer I initial courses of instruction. (b) Proposed curricula or proposed curricular revisions may be approved by the board to be taught as a pilot project, for a maximum of three initial courses of instruction, so that the board can evaluate the proposed curricula or proposed curricular revisions and consider permanent adoption of the proposed curricula or proposed curricular revisions. Students of each approved pilot project course shall, upon successful completion of the approved pilot project course, be eligible to take the boardapproved examination for certification at the attendant level for the approved pilot project course. All examination regulations shall be applicable to students successfully completing an approved pilot project course. (Authorized by K.S.A. 65-6110 and K.S.A. 2009 Supp. 65-6111, as amended by L. 2010, ch. 119, sec. 1; implementing K.S.A. 65-6129c, as amended by L. 2010, ch. 119, sec. 9; effective, T-109-2-7-11, Feb. 7, 2011.) 109-10-1g. Approved training officer II education standards. (a) The document titled Kansas board of EMS training officer II: initial course standards, dated August 2010, is hereby adopted by reference for training officer II initial courses of instruction. (b) Proposed curricula or proposed curricular revisions may be approved by the board to be taught as a pilot project, for a maximum of three initial courses of instruction, so that the board can evaluate the proposed curricula or proposed curricular revisions and consider permanent adoption of the proposed curricula or proposed curricular revisions. Students of each approved pilot project course shall, upon successful completion of the approved pilot project course, be eligible to take the boardapproved examination for certification at the attendant level for the approved pilot project course. All examination regulations shall be applicable to students successfully completing an approved pilot project course. (Authorized by K.S.A. 65-6110 and K.S.A. 2009 Supp. 65-6111,
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as amended by L. 2010, ch. 119, sec. 1; implementing K.S.A. 65-6129c, as amended by L. 2010, ch. 119, sec. 9; effective, T-109-2-7-11, Feb. 7, 2011.) 109-10-6. Required training equipment and supplies. Each sponsoring organization approved to conduct initial courses of instruction shall ensure that EMS training equipment and supplies necessary to facilitate the teaching of all psychomotor skills for the level of course being provided are available for use with that course. The training equipment and supplies provided shall be functional, clean, serviceable, and in sufficient quantity to maintain a ratio of no more than six students practicing together on one piece of equipment. The pharmaceuticals necessary for training shall be either simulation models or actual empty pharmaceutical packages or containers, or both. Training equipment and supplies that are for the purpose of protecting the student from exposure to bloodborne and airborne pathogens shall be functional and clean and shall be provided in sufficient quantity to ensure that students have their own. (Authorized by and implementing K.S.A. 65-6110 and K.S.A. 2009 Supp. 656111, as amended by L. 2010, ch. 119, sec. 1; effective Nov. 12, 1999; amended, T-109-2-7-11, Feb. 7, 2011.) Article 11.COURSE APPROVALS 109-11-1a. Emergency medical responder course approval. (a) Emergency medical responder initial courses of instruction pursuant to K.S.A. 65-6144, and amendments thereto, may be approved by the executive director and shall be conducted only by sponsoring organizations. (b) Each sponsoring organization requesting approval to conduct initial courses of instruction shall submit a complete application packet to the executive director, including all required signatures, and the following documents: (1) A course syllabus that includes at least the following information: (A) A summary of the course goals and objectives; (B) student prerequisites, if any, for admission into the course; (C) instructional and any other materials required to be purchased by the student; (D) student attendance policies; (E) student requirements for successful course completion; (F) a description of the clinical and field training requirements, if applicable; (G) student discipline policies; and (H) instructor information, which shall include the following: (i) Instructor name; (ii) office hours or hours available for consultation; and (iii) instructor electronic mail address; (2) course policies that include at least the following information: (A) Student evaluation of program policies; (B) student and participant safety policies; (C) Kansas requirements for certification; (D) student dress and hygiene policies; (E) student progress conferences;
(F) equipment use policies; and (G) a statement that the course provides a sufficient number of lab instructors to maintain a 6:1 student-toinstructor ratio during lab sessions; (3) a course schedule that identifies the following: (A) The date and time of each class session, unless stated in the syllabus; (B) the title of the subject matter of each class session; (C) the instructor of each class session; and (D) the number of psychomotor skills laboratory hours for each session; and (4) letters from the initial course of instruction medical advisor, the ambulance service director of the ambulance service that will provide field training to the students, if applicable, and the administrator of the medical facility in which the clinical rotation is provided, if applicable, indicating their commitment to provide the support as defined in the curriculum. (c) Each application shall be received in the board office not later than 30 calendar days before the first scheduled course session. (d) Each approved initial course shall meet the following conditions: (1) Meet or exceed the course requirements described in the regulations of the Kansas board of EMS; and (2) maintain course records for at least three years. The following records shall be maintained: (A) A copy of all documents required to be submitted with the application for course approval; (B) student attendance; (C) student grades; (D) student conferences; (E) course curriculum; (F) lesson plans for all lessons; (G) clinical training objectives, if applicable; (H) field training objectives, if applicable; (I) completed clinical and field training preceptor evaluations for each student; (J) master copies and completed copies of the outcome assessment and outcome analyses tools used for the course that address at least the following: (i) Each students ability to perform competently in a simulated or actual field situation, or both; and (ii) each students ability to integrate cognitive and psychomotor skills to appropriately care for sick and injured patients; (K) a copy of each students psychomotor skills evaluations as specified in the course syllabus; (L) completed copies of each students evaluations of each course, all instructors for the course, and all lab instructors for the course; and (M) a copy of the course syllabus. (e) Each primary instructor shall provide the executive director with an application for certification form from each student within 20 days of the date of the first class session. (f) Each sponsoring organization shall ensure that the sponsoring organizations instructor-coordinators and training officers provide any course documentation requested by the executive director.
(continued)
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(g) Any approved course may be monitored by the executive director. (h) Program approval may be withdrawn by the board if the sponsoring organization fails to comply with or violates any regulation or statute that governs sponsoring organizations. (Authorized by K.S.A. 65-6110, K.S.A. 2009 Supp. 65-6111, as amended by L. 2010, ch. 119, sec. 1; implementing K.S.A. 65-6110, K.S.A. 2009 Supp. 65-6111, as amended by L. 2010, ch. 119, sec. 1, and K.S.A. 2009 Supp. 65-6129, as amended by L. 2010, ch. 119, sec. 8; effective, T-109-2-7-11, Feb. 7, 2011.) 109-11-3a. Emergency medical technician (EMT) course approval. (a) Emergency medical technician (EMT) initial courses of instruction pursuant to K.S.A. 656121, and amendments thereto, may be approved by the executive director and shall be conducted only by sponsoring organizations. (b) Each sponsoring organization requesting approval to conduct initial courses of instruction shall meet the following requirements: (1) Meet the course requirements specified in K.A.R. 109-11-1(b)-(f); and (2) in each initial course of instruction, include hospital clinical training and ambulance field training that provide the following: (A) An orientation to the hospital and to the ambulance service; and (B) supervised participation in patient care and assessment, including the performance of a complete patient assessment on at least one patient in compliance with K.S.A. 65-6129a and amendments thereto. In the absence of participatory clinical or field training, contrived experiences may be substituted. (c) Each sponsoring organization shall ensure that the sponsoring organizations instructor-coordinators and training officers provide any course documentation requested by the executive director. (d) Any approved course may be monitored by the executive director. (e) Program approval may be withdrawn by the board if the sponsoring organization fails to comply with or violates any regulation or statute that governs sponsoring organizations. (Authorized by K.S.A. 65-6110, K.S.A. 2009 Supp. 65-6111, as amended by L. 2010, ch. 119, sec. 1; implementing K.S.A. 65-6110, K.S.A. 2009 Supp. 65-6111, as amended by L. 2010, ch. 119, sec. 1, K.S.A. 65-6121, as amended by L. 2010, ch. 119, sec. 5, K.S.A. 2009 Supp. 656129, as amended by L. 2010, ch. 119, sec. 8, and K.S.A. 65-6129a; effective, T-109-2-7-11, Feb. 7, 2011.) 109-11-6a. Paramedic course approval. (a) Paramedic initial courses of instruction pursuant to K.S.A. 656119, and amendments thereto, may be approved by the executive director and shall be conducted only by sponsoring organizations that are accredited postsecondary educational institutions. (b) Each sponsoring organization requesting approval to conduct paramedic initial courses of instruction shall meet the following requirements: (1) Meet the requirements in K.A.R. 109-11-1(b)-(f); (2) provide letters from the director of each ambulance service that will provide field training to the students and
the administrator or the administrators designee of each hospital in which the clinical training is provided, indicating their commitment to provide the support as defined in the curriculum; (3) require that, on or before completion of the required paramedic course, each student provide confirmation of eligibility to be conferred, at a minimum, an associate degree in applied science by the postsecondary institution; and (4) (A) Provide verification that the sponsoring organization has applied for accreditation to the committee on accreditation of allied health education programs joint review committee for emergency medical technician-paramedic; or (B) provide evidence of accreditation from the committee on accreditation of allied health education programs joint review committee for emergency medical technician-paramedic before the commencement of the third course. (c) Each application shall be received in the board office not later than 30 calendar days before the first scheduled class. Only a complete application packet shall be processed. (d) Each approved paramedic course shall meet the following requirements: (1) Meet or exceed the curriculum requirements in K.A.R. 109-10-1; (2) consist of at least 1,200 hours of training, including at least the following: (A) 400 hours of didactic and psychomotor skills laboratory instruction by qualified instructors; (B) 232 hours of clinical training at a hospital by qualified instructors; and (C) 400 hours of field internship training with a type I ambulance service by qualified instructors; and (3) ensure, and establish in writing, how each student is provided with experiences, which shall include at least the following: (A) The performance of 20 successful venipunctures, of which at least 10 shall be for the purpose of initiating intravenous infusions; (B) successful performance of three endotracheal intubations on live patients, with written verification by a physician or certified registered nurse anesthetist competent in the procedure that the student is competent in performing the procedure; (C) successful performance of five intraosseous infusions; (D) administration of one nebulized breathing treatment during clinical training; (E) performance of a complete patient assessment on 50 patients, of which at least 25 shall be accomplished during field internship training; (F) participation in, as an observer or as an assistant, three vaginal-delivered childbirths during clinical training; (G) in increasing positions of responsibility, being a part of a type I service crew responding to 30 ambulance calls; (H) performance of 10 intramuscular or subcutaneous injections;
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(I) completion of 30 patient charts or patient care reports, or both; and (J) performance of monitoring and interpreting the electrocardiogram on 30 patients during clinical training and field internship training. (e) The primary instructor shall provide the executive director with an application for certification form from each student within 20 days after the first class session. (f) Any approved class may be monitored by the executive director. (g) Each sponsoring organization shall ensure that the sponsoring organizations instructor-coordinators and training officers provide any program documentation requested by the executive director.
INDEX TO ADMINISTRATIVE REGULATIONS This index lists in numerical order the new, amended and revoked administrative regulations and the volume and page number of the Kansas Register issue in which more information can be found. Temporary regulations are designated with a (T) in the Action column. This cumulative index supplements the 2009 Volumes of the Kansas Administrative Regulations.
AGENCY 1: DEPARTMENT OF ADMINISTRATION Reg. No. 1-2-64 1-2-65 1-7-3 1-7-4 1-7-6 1-7-7 1-7-10 1-7-11 1-7-12 1-14-8 1-16-8 1-16-15 1-16-18 1-16-18a 1-16-20 1-65-1 1-66-1 1-66-2 1-66-3 1-67-1 1-67-2 1-67-3 1-68-1 1-68-2 Reg. No. 3-3-2 3-3-2 3-4-1 3-4-2 3-4-4 3-4-5 3-4-6 3-4-7 Action New New Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended New New New New New New New New New Action Amended (T) Amended Amended Amended Amended Amended Revoked Amended Register V. 28, p. 1338 V. 28, p. 1338 V. 28, p. 1338 V. 28, p. 1338 V. 28, p. 1339 V. 28, p. 1339 V. 28, p. 1339 V. 28, p. 1340 V. 28, p. 1340 V. 28, p. 1341 V. 29, p. 676 V. 29, p. 677 V. 29, p. 677 V. 29, p. 678 V. 29, p. 680 V. 30, p. 44 V. 30, p. 44 V. 30, p. 45 V. 30, p. 45 V. 30, p. 45 V. 30, p. 45 V. 30, p. 45 V. 30, p. 45 V. 30, p. 46 Register V. 29, p. 702 V. 30, p. 9 V. 28, p. 1716 V. 28, p. 1716 V. 28, p. 1716 V. 28, p. 1717 V. 28, p. 1717 V. 28, p. 1717 4-10-1 4-10-1a 4-10-1b 4-10-2a through 4-10-2d 4-10-2e 4-10-2f through 4-10-2k 4-10-4 4-10-4a through 4-10-4f 4-10-5a 4-10-6 4-10-6a 4-10-6b 4-10-7 4-10-10 4-10-15 4-10-16 4-10-17 4-13-2 4-13-3 4-13-9 4-13-14 4-13-16 4-13-17 4-13-18 4-13-20 4-13-21 4-13-22 4-13-23 4-13-24 4-13-25 4-13-25b through 4-13-25h 4-13-25i 4-13-25j 4-13-25k 4-13-25l 4-13-25m 4-13-30 4-13-33 4-13-62 4-15-5 4-27-1 through 4-27-22 4-28-1 4-28-2 4-28-8 4-28-11 4-28-12 4-28-18 through 4-28-30 Amended New New Revoked Amended Revoked Revoked New Amended Revoked New New Amended New Revoked Amended Revoked Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked Amended Amended Amended Amended Revoked Amended Amended Amended New Amended Amended Amended Amended New Amended Amended Amended Amended Amended New
(h) Program approval may be withdrawn by the board if the sponsoring organization fails to comply with or violates any regulation or statute that governs sponsoring organizations. (Authorized by K.S.A. 65-6110 and K.S.A. 2009 Supp. 65-6111, as amended by L. 2010, ch. 119, sec. 1; implementing K.S.A. 65-6110, K.S.A. 2009 Supp. 656111, as amended by L. 2010, ch. 119, sec. 1, K.S.A. 2009 Supp. 65-6119, as amended by L. 2010, ch. 119, sec. 3, and K.S.A. 2009 Supp. 65-6129, as amended by L. 2010, ch. 119, sec. 8; effective, T-109-2-7-11, Feb. 7, 2011.) Steve Sutton Executive Director
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V. 29, p. 254 V. 29, p. 255 V. 29, p. 255 V. 29, p. 255 V. 29, p. 255 V. 29, p. 256 V. 29, p. 256 V. 29, p. 256-258 V. 29, p. 258 V. 29, p. 259 V. 29, p. 259 V. 29, p. 259 V. 29, p. 259 V. 29, p. 260 V. 29, p. 260 V. 29, p. 260 V. 29, p. 261 V. 29, p. 69 V. 29, p. 69 V. 29, p. 71 V. 29, p. 71 V. 29, p. 71 V. 29, p. 72 V. 29, p. 72 V. 29, p. 72 V. 29, p. 72 V. 29, p. 72 V. 29, p. 72 V. 29, p. 72 V. 29, p. 1242 V. 29, p. 1243-1245 V. 29, p. 1246 V. 29, p. 1246 V. 29, p. 1246 V. 29, p. 1247 V. 29, p. 1247 V. 29, p. 72 V. 29, p. 73 V. 29, p. 73 V. 28, p. 690 V. 29, p. 706-720 V. 29, p. 720 V. 29, p. 720 V. 29, p. 721 V. 29, p. 722 V. 29, p. 722 V. 29, p. 723-725
5-3-4a 5-3-23 5-3-23 5-4-1 5-4-1a 5-7-1 5-7-4 5-14-3 5-14-3a 5-17-2 5-20-1 5-20-2 5-22-7 5-25-5 5-25-15 Reg. No. 7-16-1 7-16-1 7-41-1 through 7-41-7 7-41-8 7-41-9 7-41-10 through 7-41-17 7-41-18 through 7-41-29 7-41-30 7-41-31 7-41-32 7-41-33 7-41-34 7-41-35 Reg. No. 9-7-4 9-7-4 9-27-1
Amended Amended (T) Amended Amended New Amended Amended Amended New Amended New New Amended Amended Amended Action Amended (T) Amended Amended Revoked Revoked Amended Revoked Amended Revoked Amended Amended New New Action Amended (T) Amended Amended
V. 28, p. 241 V. 29, p. 1338 V. 29, p. 1598 V. 29, p. 1476 V. 29, p. 1477 V. 29, p. 653 V. 28, p. 1715 V. 28, p. 241 V. 28, p. 242 V. 29, p. 654 V. 28, p. 1317 V. 28, p. 1318 V. 29, p. 596 V. 29, p. 1598 V. 29, p. 654 Register V. 29, p. 1115 V. 29, p. 1281 V. 28, p. 193-195 V. 28, p. 195 V. 28, p. 195 V. 28, p. 195, 196 V. 28, p. 196 V. 28, p. 196 V. 28, p. 196 V. 28, p. 196 V. 28, p. 197 V. 28, p. 197 V. 28, p. 197 Register V. 29, p. 703 V. 29, p. 1336 V. 29, p. 1337
AGENCY 14: DEPARTMENT OF REVENUE DIVISION OF ALCOHOLIC BEVERAGE CONTROL Reg. No. 14-6-2a 14-6-3 14-6-4 14-11-1 14-11-4 14-11-5 14-11-6 14-11-7 14-11-9 14-11-10a 14-11-10b 14-11-10d 14-11-11 14-11-14 Action Revoked Revoked Amended New New Amended Amended Amended Amended Revoked Revoked Revoked Revoked Revoked Register V. 29, p. 1306 V. 29, p. 1306 V. 29, p. 1306 V. 29, p. 1307 V. 29, p. 1307 V. 29, p. 1307 V. 29, p. 1307 V. 29, p. 1307 V. 29, p. 1307 V. 29, p. 1307 V. 29, p. 1308 V. 29, p. 1308 V. 29, p. 1633 V. 29, p. 1308
AGENCY 4: DEPARTMENT OF AGRICULTURE Reg. No. 4-3-47 4-6-1 4-6-2 4-7-213 4-7-716 Action Amended (T) Amended Amended Amended Amended Register V. V. V. V. V. 30, p. 25 28, p. 1594 28, p. 1594 29, p. 1023 29, p. 1023
AGENCY 5: DEPARTMENT OF AGRICULTUREDIVISION OF WATER RESOURCES Reg. No. Action Register 5-1-4 Amended V. 29, p. 652 5-1-9 Amended V. 29, p. 653
(continued)
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14-11-15 14-11-16 14-11-22 14-11-23 through 14-11-29 14-11-27 14-16-25 14-19-27 14-19-38 14-19-39 14-20-29 14-20-40 14-20-41 14-21-12 14-21-21 14-21-22 14-23-2 14-23-5 14-23-8 14-23-10 14-24-1 through 14-24-6 Reg. No. 16-11-1 through 16-11-5 16-11-6 16-11-7 16-11-8 Amended Amended New New Revoked New Amended New New Amended New New Amended New New Amended Amended Amended Amended Revoked Action V. 29, p. 1308 V. 29, p. 1308 V. 29, p. 1633 V. 29, P. 1308-1310 V. 29, p. 1730 V. 29, p. 1310 V. 29, p. 1310 V. 29, p. 1311 V. 29, p. 1311 V. 29, p. 1311 V. 29, p. 1312 V. 29, p. 1312 V. 29, p. 1313 V. 29, p. 1313 V. 29, p. 1313 V. 29, p. 1314 V. 29, p. 1314 V. 29, p. 1314 V. 29, p. 1315 V. 29, p. 1315 Register
Kansas Register
26-41-200 through 26-41-207 26-42-101 26-42-102 26-42-104 26-42-105 26-42-200 through 26-42-207 26-43-101 through 26-43-106 26-43-200 through 26-43-207 New New New New New New New New V. 28, p. 652-657 V. 28, p. 657 V. 28, p. 658 V. 28, p. 659 V. 28, p. 659 V. 28, p. 659-664 V. 28, p. 664-667 V. 28, p. 667-671 28-21-40a 28-21-41a 28-21-42a 28-21-43a 28-21-44a 28-21-50a 28-21-51a 28-21-52a 28-21-53a 28-21-54a 28-21-55a 28-21-56a 28-21-57a 28-21-58a 28-21-59a 28-21-60a 28-21-61a 28-21-62a 28-21-63 28-21-64 28-21-70a 28-21-71a 28-21-72a 28-21-82 through 28-21-85 28-23-4 28-23-9 28-23-10 28-23-20 through 28-23-24 28-23-26 through 28-23-32 28-23-34 through 28-23-36 28-23-41 through 28-23-55 28-23-70 28-23-71 28-23-73 28-23-75 28-23-78 through 28-23-80 28-29-501 28-36-30 28-36-31 28-36-70 through 28-36-89 28-36-101 through 28-36-109 28-39-145a 28-39-146 28-39-147 28-39-148 28-39-162 28-39-162a 28-39-162b 28-39-162c 28-39-164 through 28-39-168 28-39-240 through 28-39-253 28-39-275 through 28-39-288 28-39-425 through 28-39-436 28-43-1 through 28-43-11 28-45b-1 through 28-45b-28 28-46-1 28-46-2a
Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked New Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Amended Revoked Revoked Revoked Revoked New Amended Amended V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726
AGENCY 28: DEPARTMENT OF HEALTH AND ENVIRONMENT Reg. No. 28-1-27 28-4-92 28-4-92 28-4-370 through 28-4-379 28-4-503 28-4-505 28-4-514 28-4-520 28-4-521 28-4-1200 through 28-4-1218 28-4-1300 through 28-4-1318 28-16-28g 28-17-6 28-17-12 28-19-200a 28-19-202 28-19-325 28-19-350 28-19-517 28-19-712 28-19-712a through 28-19-712d 28-19-713 28-19-713a through 28-19-713d 28-19-720 28-19-728 28-19-728a through 28-19-728f 28-19-735 28-19-750 28-19-750a 28-21-1 28-21-6 28-21-7 28-21-8 28-21-9 28-21-10 28-21-11 28-21-20a 28-21-21a 28-21-22a 28-21-23a 28-21-24a 28-21-25a 28-21-26a 28-21-27a 28-21-28a 28-21-29a 28-21-30a 28-21-31a 28-21-32a 28-21-33a 28-21-34a 28-21-35a Action New Amended (T) Amended Revoked Amended Amended Amended New New New New Amended Amended Amended New Amended New Amended Amended New New New New Amended Revoked Revoked Amended Amended Amended Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Register V. 30, p. 111 V. 29, p. 1348 V. 29, p. 1705 V. 29, p. 1024 V. 29, p. 1662 V. 29, p. 1662 V. 29, p. 1663 V. 29, p. 1663 V. 29, p. 1663 V. 28, p. 1426-1437 V. 29, p. 1024-1032 V. 29, p. 181 V. 28, p. 1809 V. 28, p. 1809 V. 29, p. 1634 V. 29, p. 1509 V. 29, p. 1634 V. 29, p. 1635 V. 29, p. 1510 V. 29, p. 866 V. 29, p. 867 V. 29, p. 867 V. 29, p. 867, 868 V. 29, p. 1510 V. 29, p. 1511 V. 29, p. 1511 V. 29, p. 1511 V. 29, p. 1511 V. 29, p. 1511 V. 29, p. 725 V. 29, p. 725 V. 29, p. 725 V. 29, p. 725 V. 29, p. 725 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726
V. 29, p. 1813-1815 V. 29, p. 1816 V. 29, p. 1816 V. 29, p. 1816
AGENCY 19: GOVERNMENTAL ETHICS COMMISSION Reg. No. 19-6-1 19-22-1 19-23-1 19-30-4 Reg. No. 22-1-1 22-1-2 22-1-3 22-8-13 22-10-3 22-11-6 22-11-8 22-15-7 22-18-3 22-24-3 Reg. No. 26-39-100 through 26-39-105 26-39-100 26-39-101 26-39-105 26-39-144 26-39-243 26-39-278 26-39-427 26-40-301 through 26-40-305 26-41-101 through 26-41-106 Action Amended Amended Amended Revoked Action Amended Amended Amended Amended Amended Revoked Amended Revoked Amended Amended Action Register V. 29, p. 112 V. 30, p. 92 V. 30, p. 92 V. 30, p. 92 Register V. 30, p. 46 V. 30, p. 46 V. 30, p. 46 V. 30, p. 47 V. 30, p. 47 V. 30, p. 48 V. 30, p. 48 V. 30, p. 49 V. 30, p. 49 V. 28, p. 1367 Register
V. 29, p. 727 V. 28, p. 1809 V. 29, p. 727 V. 29, p. 727 V. 29, p. 727 V. 29, p. 727 V. 28, p. 623 V. 28, p. 623 V. 28, p. 623 V. 28, p. 623 V. 29, p. 1777 V. 29, p. 1777 V. 29, p. 1777 V. 29, p. 1777 V. 28, p. 798-800 V. 28, p. 672 V. 28, p. 672 V. 28, p. 672 V. 29, p. 1137 V. 28, p. 973-988 V. 29, p. 1138 V. 29, p. 1138
New Amended Amended Amended Revoked Revoked Revoked Revoked New New
V. 28, p. 615-623 V. 29, p. 1772 V. 29, p. 1775 V. 29, p. 1777 V. 28, p. 623 V. 28, p. 649 V. 28, p. 649 V. 28, p. 649 V. 29, p. 1777-1793 V. 28, p. 649-651
Vol. 30, No. 7, February 17, 2011
28-46-3 through 28-46-22 28-46-27 28-46-28 28-46-29 28-46-29a 28-46-30 28-46-30a 28-46-30b 28-46-31 28-46-33 28-46-34 28-46-35 28-46-40 28-46-41 28-46-44 28-46-45 28-53-1 through 28-53-5 28-61-1 28-61-2 28-61-5 28-61-8 28-70-4 28-72-1 28-72-1a 28-72-1c 28-72-1d 28-72-1e 28-72-1g 28-72-1h 28-72-1i 28-72-1k 28-72-1l 28-72-1m 28-72-1n 28-72-1o 28-72-1p 28-72-1r 28-72-1s 28-72-1t 28-72-1v 28-72-1x 28-72-2 28-72-3 28-72-4 28-72-4a 28-72-4b 28-72-4c 28-72-5 28-72-6 28-72-6a 28-72-7 28-72-7a 28-72-8 28-72-9 28-72-10 28-72-10a 28-72-11 28-72-12 28-72-13 28-72-14 28-72-15 28-72-16 28-72-17 28-72-18 28-72-18a 28-72-18b 28-72-18c 28-72-18d 28-72-18e 28-72-19 28-72-20 28-72-21 28-72-22 28-72-51 28-72-52 28-72-53 28-73-1 30-45-20 30-46-10 30-46-17 30-63-10 30-63-11 30-63-12
Kansas Register
New Amended Amended Amended Amended Amended V. 28, p. 966 V. 28, p. 966 V. 28, p. 967 V. 28, p. 1806 V. 28, p. 1807 V. 28, p. 1807 60-11-107 60-13-103 60-13-104 60-15-101 60-15-102 60-15-104 60-16-105 Amended Amended Amended Amended Amended Amended Revoked
147
V. 28, p. 1254 V. 28, p. 200 V. 28, p. 200 V. 28, p. 200 V. 28, p. 201 V. 28, p. 202 V. 29, p. 1115
Amended Amended Amended Amended New Amended New New Amended Amended Amended Amended Amended Amended Amended New
V. 29, p. 1139-1141 V. 29, p. 1141 V. 29, p. 1141 V. 29, p. 1141 V. 29, p. 1142 V. 29, p. 1142 V. 29, p. 1142 V. 29, p. 1144 V. 29, p. 1144 V. 29, p. 1144 V. 29, p. 1145 V. 29, p. 1145 V. 29, p. 1145 V. 29, p. 1145 V. 29, p. 1145 V. 29, p. 1145
AGENCY 66: BOARD OF TECHNICAL PROFESSIONS Reg. No. 66-6-6 66-6-8 66-6-9 66-7-2 66-8-1 66-8-3 66-8-4 66-8-6 66-8-7 66-9-4 66-10-1 66-10-9 66-10-14 66-11-1 66-11-1a 66-11-1b 66-11-4 66-11-5 66-12-1 66-14-1 66-14-2 66-14-3 66-14-4 66-14-5 66-14-7 66-14-10 Action Amended Revoked Revoked Amended Revoked Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked Amended Amended Amended Register V. 28, p. 1536 V. 28, p. 1537 V. 28, p. 1537 V. 28, p. 1537 V. 28, p. 1537 V. 28, p. 1537 V. 28, p. 1537 V. 29, p. 794 V. 28, p. 1537 V. 28, p. 1538 V. 29, p. 794 V. 28, p. 1538 V. 28, p. 1538 V. 28, p. 1539 V. 28, p. 1539 V. 28, p. 1539 V. 28, p. 1539 V. 28, p. 44 V. 29, p. 794 V. 28, p. 44 V. 28, p. 45 V. 28, p. 45 V. 28, p. 45 V. 28, p. 45 V. 28, p. 45 V. 29, p. 794
Amended V. 28, p. 240, 241 Amended V. 29, p. 419 Amended V. 29, p. 419 Amended V. 29, p. 420 Amended V. 29, p. 422 New V. 28, p. 800 Revoked V. 29, p. 357 New V. 29, p. 357 New V. 29, p. 357 New V. 29, p. 358 New V. 29, p. 358 New V. 29, p. 358 New V. 29, p. 358 New V. 29, p. 359 New V. 29, p. 359 New V. 29, p. 359 New V. 29, p. 360 New V. 29, p. 360 New V. 29, p. 360 New V. 29, p. 360 New V. 29, p. 361 New V. 29, p. 361 New V. 29, p. 361 New V. 29, p. 361 New V. 29, p. 361 Amended V. 29, p. 361 Amended V. 29, p. 362 Amended V. 29, p. 362 Amended V. 29, p. 366 Revoked V. 29, p. 368 Amended V. 29, p. 368 Amended V. 29, p. 369 Amended V. 29, p. 370 New V. 29, p. 371 Amended V. 29, p. 373 New V. 29, p. 373 Amended V. 29, p. 374 Amended V. 29, p. 375 Amended V. 29, p. 376 New V. 29, p. 377 Amended V. 29, p. 378 Amended V. 29, p. 378 Amended V. 29, p. 379 Amended V. 29, p. 379 Amended V. 29, p. 380 Amended V. 29, p. 380 Amended V. 29, p. 381 Amended V. 29, p. 382 Amended V. 29, p. 383 Amended V. 29, p. 384 Amended V. 29, p. 384 Amended V. 29, p. 385 Amended V. 29, p. 386 Amended V. 29, p. 387 Amended V. 29, p. 387 Amended V. 29, p. 387 Amended V. 29, p. 388 Amended V. 29, p. 388 Amended V. 29, p. 389 Amended V. 29, p. 389 Amended V. 28, p. 74 AGENCY 30: SOCIAL AND REHABILITATION SERVICES Action Amended Revoked Register V. 28, p. 916 V. 29, p. 293
AGENCY 40: KANSAS INSURANCE DEPARTMENT Reg. No. 40-1-37 40-1-38 40-1-48 40-2-28 40-3-30 40-3-43 40-3-56 40-3-57 40-3-58 40-4-35 40-4-36 40-4-37v 40-4-43 40-7-20a 40-7-26 40-7-27 40-9-23 Action Amended Amended Amended New Amended Amended New New New Amended Amended New New Amended New New New Register V. 28, p. 966 V. 28, p. 1593 V. 29, p. 1752 V. 28, p. 273 V. 28, p. 112 V. 29, p. 1337 V. 28, p. 1518 V. 28, p. 1518 V. 28, p. 1518 V. 28, p. 915 V. 28, p. 1252 V. 28, p. 643 V. 29, p. 703 V. 28, p. 604 V. 29, p. 1752 V. 29, p. 1753 V. 29, p. 1813
AGENCY 48: DEPARTMENT OF LABOR EMPLOYMENT SECURITY BOARD OF REVIEW Reg. No. 48-1-1 through 48-1-6 48-2-1 through 48-2-5 48-3-1 48-3-2 48-3-4 48-3-5 48-4-1 48-4-2 Reg. No. 49-55-1 through 49-55-12 Action Register
AGENCY 67: BOARD OF EXAMINERS IN THE FITTING AND DISPENSING OF HEARING INSTRUMENTS Reg. No. 67-3-5 Reg. No. 68-1-1b 68-1-1h 68-1-3a 68-2-20 68-2-22 68-7-11 68-7-14 68-7-21 68-16-3 68-19-1 68-20-10a 68-20-16 68-20-23 68-21-1 through 68-21-7 Reg. No. 69-3-8 69-11-1 Reg. No. Action New Action Amended New Amended Amended Amended Amended Amended New Amended New Amended Amended New New Action Amended (T) Amended Action Register V. 28, p. 1187 Register V. 29, p. 465 V. 28, p. 1491 V. 28, p. 1491 V. 28, p. 1765 V. 28, p. 1491 V. 29, p. 1053 V. 28, p. 1492 V. 29, p. 465 V. 28, p. 342 V. 28, p. 342 V. 29, p. 466 V. 28, p. 1561 V. 28, p. 192 V. 29, p. 1417-1420 Register V. 28, p. 923 V. 28, p. 298 Register
Amended Amended Amended Amended Amended Amended Amended Amended Action
AGENCY 49: DEPARTMENT OF LABOR Register
New
V. 29, p. 675, 676
AGENCY 51: DEPARTMENT OF LABOR DIVISION OF WORKERS COMPENSATION Reg. No. 51-9-7 Reg. No. 60-2-105 60-2-106 60-9-105 60-9-107 60-11-101 through 60-11-105 Action Amended Action Amended Amended Amended Amended Amended Register V. 29, p. 1508 Register V. V. V. V. 28, 28, 28, 28, p. p. p. p. 197 197 197 198
AGENCY 71: KANSAS DENTAL BOARD 71-5-1 through 71-5-6 71-5-7 through 71-5-13 71-11-1
Revoked New New
V. 29, p. 1593 V. 29, p. 1593-1597 V. 28, p. 1187
Reg. No. 30-4-90 30-5-118a
V. 28, p. 1252-1254
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AGENCY 74: BOARD OF ACCOUNTANCY Reg. No. 74-4-7 74-4-8 74-4-9 74-5-2 74-5-2a 74-5-101 74-5-102 74-5-103 74-5-201 74-5-202 74-5-203 74-5-301 74-5-302 74-5-401 74-5-403 74-5-405a 74-5-406 74-6-2 74-7-4 74-11-6 74-11-7 74-12-1 74-15-2 Action Amended Amended Amended Amended New Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked Register V. 28, p. 643 V. 29, p. 1636 V. 29, p. 1638 V. 29, p. 1638 V. 28, p. 646 V. 29, p. 1639 V. 28, p. 646 V. 28, p. 646 V. 28, p. 646 V. 29, p. 1639 V. 29, p. 1639 V. 28, p. 647 V. 28, p. 647 V. 28, p. 647 V. 28, p. 647 V. 28, p. 647 V. 28, p. 647 V. 29, p. 1640 V. 28, p. 648 V. 29, p. 1640 V. 29, p. 1640 V. 29, p. 1641 V. 29, p. 1641 82-4-28b 82-4-30a 82-4-30a 82-4-31 82-4-32 82-4-33 82-4-35 82-4-35a 82-4-37 82-4-40 82-4-42 82-4-48 82-4-48a 82-4-53 82-4-54 82-4-55 82-4-56a 82-4-57 82-4-58 82-4-62 82-4-63 82-4-65 82-4-77 82-11-4 82-11-10 82-14-1 through 82-14-5 82-14-6 82-16-1 through 82-16-6 82-17-1 through 82-17-5
Kansas Register
Revoked Amended (T) Amended Revoked Amended Amended Amended Amended Revoked Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked Amended Amended Amended Amended Amended Amended New New New V. 29, p. 1449 V. 29, p. 702 V. 29, p. 1392 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1451 V. 29, p. 1451 V. 29, p. 1451 V. 29, p. 1452 V. 29, p. 1452 V. 29, p. 1452 V. 29, p. 1453 V. 29, p. 1453 V. 29, p. 1453 V. 29, p. 1453 V. 29, p. 1453 V. 29, p. 1454 V. 28, p. 917 V. 28, p. 922 V. 28, p. 967-971 V. 28, p. 972 V. 29, p. 1598-1601 V. 29, p. 1136, 1137 92-26-1 92-26-4 92-28-1 through 92-28-4 92-51-25a Reg. No. 94-2-1 through 94-2-21 94-5-1 through 94-5-25
Amended Amended New New Action V. 28, p. 170 V. 28, p. 170 V. 28, p. 113 V. 29, p. 1281 Register
Revoked New
V. 29, p. 1478, 1479 V. 29, p. 1479-1485
AGENCY 84: PUBLIC EMPLOYEE RELATIONS BOARD Reg. No. 84-2-1 Reg. No. 88-24-1 88-28-6 88-29-1 88-29-1 88-29-4 88-29-4 88-29-5 88-29-5 88-29-7 88-29-7 88-29-8 88-29-8 88-29-8a 88-29-8a 88-29-8b 88-29-8b 88-29-9 88-29-9 88-29-11 88-29-11 88-29-12 88-29-12 88-29-18 88-29-18 88-29-19 88-29-19 Action Amended Action Amended Amended Amended (T) Amended Amended (T) Amended Amended (T) Amended Amended (T) Amended Amended (T) Amended New (T) New New (T) New Amended (T) Amended Amended (T) Amended Amended (T) Amended Amended (T) Amended Amended (T) Amended Register V. 28, p. 872 Register V. 29, p. 1415 V. 29, p. 408 V. 28, p. 1101 V. 28, p. 1561 V. 28, p. 1102 V. 28, p. 1562 V. 28, p. 1103 V. 28, p. 1563 V. 28, p. 1103 V. 28, p. 1563 V. 28, p. 1103 V. 28, p. 1563 V. 28, p. 1103 V. 28, p. 1563 V. 28, p. 1104 V. 28, p. 1564 V. 28, p. 1104 V. 28, p. 1564 V. 28, p. 1105 V. 28, p. 1565 V. 28, p. 1106 V. 28, p. 1566 V. 28, p. 1107 V. 28, p. 1567 V. 28, p. 1108 V. 28, p. 1568
AGENCY 81: OFFICE OF THE SECURITIES COMMISSIONER Reg. No. 81-3-6 81-5-14 81-14-5 Action Amended Amended Amended Register V. 28, p. 606 V. 28, p. 571 V. 28, p. 610
AGENCY 82: STATE CORPORATION COMMISSION Reg. No. 82-1-219 82-3-101a 82-3-311a 82-3-1100 through 82-3-1120 82-4-2 82-4-3a through 82-4-3d 82-4-3a 82-4-3d 82-4-3e 82-4-3f through 82-4-3m 82-4-3f 82-4-3n 82-4-3o 82-4-6a 82-4-8h 82-4-20 82-4-21 82-4-22 82-4-23 82-4-24a 82-4-26 82-4-26a 82-4-27 82-4-27a 82-4-27c 82-4-27e 82-4-28 82-4-28a Action Amended New New New Amended Amended Amended Amended Revoked Amended Amended New New Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked Revoked Register V. 29, p. 1099 V. 29, p. 1508 V. 29, p. 181 V. 29, p. 182-190 V. 29, p. 1443 V. 28, p. 1373-1385 V. 29, p. 1443 V. 29, p. 1444 V. 28, p. 1386 V. 28, p. 1386-1397 V. 29, p. 1390 V. 29, p. 1444 V. 29, p. 1445 V. 29, p. 1446 V. 29, p. 1446 V. 28, p. 1397 V. 29, p. 1446 V. 29, p. 1446 V. 29, p. 1447 V. 29, p. 1447 V. 29, p. 1447 V. 29, p. 1447 V. 29, p. 1447 V. 29, p. 1448 V. 29, p. 1448 V. 29, p. 1449 V. 29, p. 1449 V. 29, p. 1449
AGENCY 99: DEPARTMENT OF AGRICULTUREDIVISION OF WEIGHTS AND MEASURES Reg. No. 99-25-1 99-25-5 99-25-12 99-26-1 Reg. No. 100-11-1 100-28a-1 100-28a-2 100-28a-10 100-29-1 100-29-3a 100-29-16 100-49-4 100-54-1 100-54-8 100-55-1 100-55-7 100-55-9 100-69-10 100-69-12 100-72-1 100-72-2 100-72-7 100-73-1 100-73-1 100-73-2 Action Amended Amended New Amended Action Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended New Amended Amended Amended Amended (T) Amended Amended Register V. 29, p. 1242 V. 29, p. 1242 V. 29, p. 1242 V. 28, p. 522 Register V. 29, p. 650 V. 28, p. 112 V. 28, p. 1736 V. 28, p. 572 V. 29, p. 598 V. 28, p. 1737 V. 28, p. 1060 V. 29, p. 651 V. 28, p. 1594 V. 28, p. 1595 V. 29, p. 704 V. 29, p. 651 V. 28, p. 572 V. 28, p. 572 V. 29, p. 704 V. 28, p. 112 V. 29, p. 705 V. 28, p. 273 V. 28, p. 923 V. 28, p. 1282 V. 29, p. 598
AGENCY 91: DEPARTMENT OF EDUCATION Reg. No. 91-1-200 91-1-202 91-1-203 91-1-204 91-1-205 91-1-216 91-40-1 91-40-27 Reg. No. 92-12-145 92-24-23 Action Amended Amended Amended Amended Amended Amended Amended Amended Action Amended Amended Register V. V. V. V. V. V. V. V. 28, 28, 28, 28, 28, 28, 29, 29, p. p. p. p. p. p. p. p. 1222 1223 1225 1229 1232 1233 1093 1098
AGENCY 92: DEPARTMENT OF REVENUE Register V. 28, p. 604 V. 29, p. 1633
Vol. 30, No. 7, February 17, 2011
AGENCY 102: BEHAVIORAL SCIENCES REGULATORY BOARD Reg. No. Action Register 102-1-8a New V. 28, p. 114 102-1-13 Amended (T) V. 28, p. 1101 102-1-13 Amended V. 28, p. 1426 102-2-3 Amended V. 29, p. 340 102-2-8 Amended V. 28, p. 114 102-2-11a New V. 28, p. 116 102-2-12 Amended V. 28, p. 116 102-3-9b New V. 28, p. 117 102-4-9b New V. 28, p. 117 102-5-9a New V. 28, p. 118 102-6-9a New V. 28, p. 118 AGENCY 105: BOARD OF INDIGENTS DEFENSE SERVICES Reg. No. Action Register 105-4-1 Amended (T) V. 29, p. 1338 105-4-1 Amended V. 29, p. 1506 105-5-2 Amended (T) V. 29, p. 1339 105-5-2 Amended V. 29, p. 1506 105-5-3 Amended (T) V. 29, p. 1339 105-5-3 Amended V. 29, p. 1506 105-5-6 Amended (T) V. 29, p. 1339 105-5-6 Amended V. 29, p. 1506 105-5-7 Amended (T) V. 29, p. 1339 105-5-7 Amended V. 29, p. 1507 105-5-8 Amended (T) V. 29, p. 1340 105-5-8 Amended V. 29, p. 1507 105-11-1 Amended (T) V. 29, p. 1340 105-11-1 Amended V. 29, p. 1507 AGENCY 108: STATE EMPLOYEES HEALTH CARE COMMISSION Reg. No. Action Register 108-1-1 Amended V. 29, p. 1055 108-1-1 Amended (T) V. 29, p. 1340 108-1-3 Amended V. 29, p. 1057 108-1-3 Amended (T) V. 29, p. 1342 108-1-4 Amended V. 29, p. 1059 108-1-4 Amended (T) V. 29, p. 1344 AGENCY 109: BOARD OF EMERGENCY MEDICAL SERVICES Reg. No. Action Register 109-2-9 Amended V. 28, p. 1030 109-3-1 Amended V. 28, p. 1030 109-5-1 Amended V. 29, p. 1281 109-5-2 Amended V. 28, p. 574 109-5-3 Amended V. 29, p. 1282 109-5-4 Revoked V. 29, p. 113 109-5-6 New V. 28, p. 575 109-6-1 Amended V. 29, p. 113 109-6-2 Amended V. 29, p. 113 109-6-3 Revoked V. 28, p. 575 109-10-7 New V. 29, p. 113 109-11-1 Amended V. 29, p. 1283 109-11-3 Amended V. 29, p. 1284 109-11-4 Amended V. 29, p. 1284 109-11-6 Amended V. 29, p. 1285 109-15-1 New V. 28, p. 575 109-15-2 Amended V. 29, p. 1285 AGENCY 110: DEPARTMENT OF COMMERCE Reg. No. Action Register 110-4-1 through 110-4-5 Amended V. 30, p. 25-27 AGENCY 111: KANSAS LOTTERY A complete index listing all regulations filed by the Kansas Lottery from 1988 through 2000 can be found in the Vol. 19, No. 52, December 28, 2000 Kansas Register. A list of regulations filed from 2001 through 2003 can be found in the Vol. 22, No. 52, December 25, 2003 Kansas Register. A list of regulations filed from 2004 through 2005 can be found in the Vol. 24, No. 52, December 29, 2005 Kansas Register. A list of regulations filed from 2006 through 2007 can be found in the Vol. 26, No. 52, December 27, 2007 Kansas Register. A list of regulations filed from 2008 through November 2009 can be found in the Vol. 28, No. 53, December 31, 2009 Kansas Register. The following regulations were filed after December 1, 2009: Reg. No. Action Register 111-2-30 Amended V. 29, p. 215 111-2-232 Amended V. 29, p. 215
Kansas Register
111-2-233 111-2-234 111-2-235 through 111-2-240 111-2-241 111-2-242 111-2-243 through 111-2-248 111-4-2899 through 111-4-2907 111-4-2908 through 111-4-2911 111-4-2911a 111-4-2912 through 111-4-2923 111-4-2924 through 111-4-2930 111-4-2931 through 111-4-2938 111-4-2939 through 111-4-2948 111-4-2949 through 111-4-2984 111-4-2949 through 111-4-2984 111-4-2985 through 111-4-2988 111-4-2989 111-4-2990 111-4-2991 111-4-2992 through 111-4-3011 111-4-3012 through 111-4-3022 111-5-175 through 111-5-179 111-5-180 through 111-5-194 111-5-181 111-5-184 111-5-186 111-5-194 111-9-162 111-9-163 111-9-164 111-9-165 111-9-166 111-9-167 111-9-168 111-9-169 111-201-1 through 111-201-17 111-301-1 through 111-301-6 111-302-1 through 111-302-6 111-303-1 through 111-303-5 111-304-1 through 111-304-6 111-305-1 through 111-305-6 111-306-1 through 111-306-6 Amended New New New New New New New New New New New New New New New New New New New New New New Amended Amended Amended Amended New New New New New New New New New New New New New New New V. 29, p. 215 V. 29, p. 746 V. 29, p. 1214, 1215 V. 29, p. 1247 V. 29, p. 1247 V. 29, p. 1512, 1513 V. 29, p. 9-14 V. 29, p. 149-152 V. 29, p. 152 V. 29, p. 153-157 Reg. No. V. 29, p. 216-222 V. 29, p. 467-473 V. 29, p. 569-575 V. 29, p. 746-769 V. 29, p. 746-769 V. 29, p. 1180-1183 V. 29, p. 1216 V. 29, p. 1217 V. 29, p. 1218 V. 29, p. 1248-1259 V. 29, p. 1513-1522 V. 29, p. 157-159 V. 29, p. 222-228 V. 29, p. 1522 V. 29, p. 1523 V. 29, p. 1524 V. 29, p. 1525 V. 29, p. 229 V. 29, p. 229 V. 29, p. 230 V. 29, p. 769 V. 29, p. 1184 V. 29, p. 1526 V. 29, p. 1526 V. 29, p. 1527 V. 29, p. 73-79 V. 29, p. 79, 80 V. 29, p. 82-86 V. 29, p. 87-89 V. 29, p. 89-91 V. 29, p. 474, 475 V. 29, p. 1185-1187 112-12-15 112-13-6 112-101-1 through 112-101-16 112-102-1 through 112-102-13 112-103-1 through 112-103-12 112-103-15 112-103-16 112-104-34 through 112-104-41 112-107-1 112-107-2 112-107-3 112-107-5 112-107-6 112-107-7 112-107-9 112-107-10 112-107-11 112-107-13 through 112-107-32 112-107-34 112-108-1 through 112-108-57 112-110-1 through 112-110-13 112-111-1 through 112-111-5 112-113-1 112-114-1 through 112-114-6 112-114-8 through 112-114-12 112-114-14 111-306-4 111-306-6 111-307-1 through 111-307-7 111-308-1 through 111-308-7 111-309-1 through 111-309-6 111-310-1 through 111-310-6 111-311-1 through 111-311-7 Amended Amended New New New New New
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V. 29, p.1260 V. 29, p. 1219 V. 29, p. 1189-1191 V. 29, p. 1261-1263 V. 29, p. 1528-1530 V. 29, p. 1530-1532 V. 29, p. 1532-1535
AGENCY 112: RACING AND GAMING COMMISSION Action New New New New New New New New New New New New New New New New New New New New New New New New New New Register V. 28, p. 797 V. 28, p. 376 V. 28, p. 376-379 V. 28, p. 1161-1163 V. 28, p. 376-382 V. 28, p. 382 V. 28, p. 382 V. 28, p. 1457-1459 V. 28, p. 424 V. 28, p. 424 V. 28, p. 424 V. 28, p. 428 V. 28, p. 428 V. 28, p. 428 V. 28, p. 429 V. 28, p. 429 V. 28, p. 430 V. 28, p. 430-440 V. 28, p. 441 V. 28, p. 1766-1788 V. 28, p. 464-470 V. 28, 470-472 V. 28, p. 382 V. 28, p. 472 V. 28, p. 472, 473 V. 28, p. 473
AGENCY 115: DEPARTMENT OF WILDLIFE AND PARKS Reg. No. 115-2-1 115-2-3 115-2-3a 115-4-2 115-4-4 115-4-4a 115-4-6 115-4-11 115-5-1 115-5-2 115-6-1 115-7-1 Action Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Register V. 29, p. 1602 V. 29, p. 1603 V. 29, p. 1603 V. 29, p. 408 V. 29, p. 658 V. 29, p. 659 V. 29, p. 409 V. 29, p. 67 V. 28, p. 1250 V. 28, p. 1251 V. 28, p. 1251 V. 29, p. 1606
(continued)
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115-7-3 115-7-8 115-7-9 115-7-10 115-8-1 115-8-6 115-15-1 115-15-2 115-18-7 115-18-20 115-20-7 Amended Revoked Amended New Amended Amended Amended Amended Amended Amended New V. 28, p. 1599 V. 29, p. 1607 V. 29, p. 1607 V. 28, p. 1600 V. 29, p. 1092 V. 28, p. 1600 V. 28, p. 1079 V. 28, p. 1080 V. 29, p. 659 V. 29, p. 1608 V. 29, p. 659 117-6-1 117-6-3 117-7-1 117-8-1 117-10-1
Kansas Register
Amended Amended Amended Amended New V. 29, p. 656 V. 29, p. 656 V. 30, p. 92 V. 29, p. 418 V. 28, p. 375 Reg. No. 129-5-78 129-5-118 129-5-118a 129-5-118b 129-10-31
AGENCY 129: KANSAS HEALTH POLICY AUTHORITY Action Amended Amended New Amended New Register V. 28, p. 1464 V. 29, p. 293 V. 29, p. 294 V. 29, p. 296 V. 30, p. 92
AGENCY 121: DEPARTMENT OF CREDIT UNIONS Reg. No. 121-9-1 121-10-1 121-11-1 121-11-2 121-12-1 Action Amended Amended New New New Register V. 28, p. 457 V. 29, p. 675 V. 28, p. 457 V. 28, p. 457 V. 28, p. 459
AGENCY 117: REAL ESTATE APPRAISAL BOARD Reg. No. 117-1-1 117-2-1 117-2-2 117-2-2a 117-3-1 117-3-2 117-3-2a 117-4-1 117-4-2 117-4-2a 117-5-2 117-5-2a Action Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Register V. V. V. V. V. V. V. V. V. V. V. V. 28, 29, 29, 28, 29, 29, 28, 29, 29, 28, 28, 28, p. p. p. p. p. p. p. p. p. p. p. p. 373 412 413 373 414 415 373 416 417 374 374 375
Vol. 30, No. 7, February 17, 2011
Kansas Register
In this issue . . .
Page
Department of AdministrationDivision of Facilities Management Notices of requested engineering services .................................................................................... 154 Pooled Money Investment Board Notice of investment rates........................................................................................................... 155 Kansas Board of Regents Universities Notice to bidders ........................................................................................................................ 155 Independence Community College Notice of commencement of negotiations for construction manager at-risk services ....................... 155 Statewide Independent Living Council Notice of meeting ....................................................................................................................... 156 Kansas Department of Transportation Notice to consulting engineers .................................................................................................... 156 Notice to contractors................................................................................................................... 156 Notice of Bond Sale U.S.D. 229, Johnson County ........................................................................................................ 158 Department of AdministrationDivision of Purchases Notice to bidders for state purchases ........................................................................................... 159 Department of Health and Environment Request for comments on proposed air quality permit.................................................................. 159 Notice of hearing on proposed administrative regulations ............................................................ 160 Notice concerning water pollution control permits/applications .................................................... 160 Request for applications for the Kansas Quality of Care Project .................................................... 162 Attorney General Opinions 2011-2 through 2011-4 .................................................................................................. 162 Legislative bills and resolutions introduced February 10-16............................................................ 162 Permanent Administrative Regulations State Employees Health Care Commission (by Kansas Health Policy Authority)............................ 166 Index to administrative regulations ................................................................................................ 173
154
State of Kansas
Kansas Register
State of Kansas
Notices

Notice of Requested On-Call Engineering Services Notice is hereby given of the commencement of the selection process for on-call fire protection engineering services for small projects for the University of Kansas Medical Center. The contract will be for three years. For more information, contact Dave Roland, (913) 5889011. Firms interested in providing these services should be familiar with the requirements of Chapter 9 of the Building Design and Construction Manual at the Web site below. To be considered, one (1) .pdf file and one (1) bound proposal of the following should be provided: State of Kansas Professional Qualifications forms (051-054 inclusive) and information regarding similar projects. State of Kansas Professional Qualifications form 050 for each firm and consultant should be provided at the end. Proposals should be less than 5 MB and follow the current State Building Advisory Commission guidelines in Chapter 4 of the Building Design and Construction Manual at www.da.ks.gov/fp/manual.htm. Planning forms are available to firms at www.da.ks.gov/fp/ or by contacting Phyllis Fast, Division of Facilities Management, Suite 600, Landon State Office Building, 900 S.W. Jackson, Topeka, 66612, (785) 296-5796, Phyllis.Fast@da.ks.gov. Submittals shall be delivered to Phyllis Fast before noon March 11. Marilyn L. Jacobson, Director Division of Facilities Management
Doc. No. 039155

Notice of Requested Engineering Services Notice is hereby given of the commencement of the selection process for engineering services for the replacement of the HVAC, lighting, plumbing and fire alarm systems in West Hall Dormitory, built in 1962, at Kansas State University, Manhattan. Occupancy is required for the 2012 fall semester. Construction budget is approximately $950,000. For a program and additional information, contact Abe Fattaey, (785) 532-1725. To be considered, one (1) .pdf file and one (1) bound proposal of the following should be provided: State of Kansas Professional Qualifications forms (051-054 inclusive) and information regarding similar projects. State of Kansas Professional Qualifications form 050 for each firm and consultant should be provided at the end. Proposals should be less than 5 MB and follow the current State Building Advisory Commission guidelines in Chapter 4 of the Building Design and Construction Manual at www.da.ks.gov/fp/manual.htm. Planning forms are available to firms at www.da.ks.gov/fp/ or by contacting Phyllis Fast, Division of Facilities Management, Suite 600, Landon State Office Building, 900 S.W. Jackson, Topeka, 66612, (785) 296-5796, Phyllis.Fast@da.ks.gov. Submittals shall be delivered to Phyllis Fast before noon March 11. Marilyn L. Jacobson, Director Division of Facilities Management
Doc. No. 039159
Vol. 30, No. 8, February 24, 2011
Notices
State of Kansas
Kansas Register
155

Doc. No. 039148
University of Kansas Medical Center Bid postings: http:// www2.kumc.edu/finance/purchasing/bids.html. Additional contact info: phone: 913/588-1100, fax: 913/588-1102. Mailing address: University of Kansas Medical Center; Purchasing Department, Mail Stop 2034; 3901 Rainbow Blvd., Kansas City, KS 66160 Wichita State University Bid postings: www.wichita.edu/purchasing. Additional contact info: phone: 316-978-3080, fax: 316978-3528. Mailing address: Wichita State University, Office of Purchasing, 1845 Fairmount Ave., Campus Box 12, Wichita, KS 67260-0012.
Doc. No. 038494
Independence Community College Independence, Kansas

Notice of Commencement of Negotiations for Construction Manager At-Risk Services Notice is hereby given of the commencement of negotiations for construction management at-risk services for the renovation of approximately 8,150 S.F. of the existing 40,000 S.F. West Campus Building located at 2615 W. Main, Independence. The work is being completed to provide clinical and classroom space for the Veterinary Technology Program. The estimated construction cost is approximately $780,000. The project schedule calls for completion in November 2011. The construction manager at-risk will provide budgeting, cost estimating, scheduling, constructability reviews and value engineering studies; divide the project into scopes of work for bidding; prequalify subcontractors; distribute contract documents and receive bids for the work; review bids with the architect and owner to determine bids to accept; provide a guaranteed maximum price and a bond for the work; and manage construction and track all costs for the architect and owners review. Additional project information concerning the scope of services is available from the architect, John E. Heckman, AIA, Heckman & Associates, P.A., P.O. Box 1314, Independence, KS 67301, (620) 331-6171. To be considered, five (5) bound proposals and one (1) PDF file on a CD of the following should be provided: a letter of interest, information regarding similar projects, experience in this type of project delivery system, references from design professionals and owners from previous projects, a description of the construction manager approach, financial statements, bonding capacity including capability of providing a public works bond (K.S.A. 60-1111) and evidence of such bonding capacity. If a firm fails to present such evidence, such firm shall be deemed unqualified for selection. Proposals should be concise and follow the current State Building Advisory Commission guidelines, available to firms at http://da.ks.gov/fp/. Submittals should be received at the office of the architect before noon March 10. John E. Heckman, AIA Heckman & Associates, P.A.
Doc. No. 039153
State of Kansas

Emporia State University Bid postings: www.emporia.edu/ busaff/purchasing/vendor-procedures.htm. Additional contact info: phone: 620-341-5145, fax: 620-341-5073, e-mail: thouse@ emporia.edu. Mailing address: Emporia State University, Controllers Office/Purchasing, Campus Box 4021, 1200 Commercial, Emporia, KS 66801. Fort Hays State University Bid postings: www.fhsu.edu/bids. Additional contact info: phone: 785-628-4251, fax: 785-628-4046, e-mail: purchasing@fhsu.edu. Mailing address: Fort Hays State Purchasing Office, 601 Park St., 318 Sheridan Hall, Hays, KS 67601. Kansas State University Bid postings: www.k-state.edu/purchasing/rfq. Additional contact info: phone: 785-532-6214, fax: 785-532-5577, e-mail: kspurch@k-state.edu. Mailing address: Controllers Office/Purchasing, 21 Anderson Hall, Kansas State University, Manhattan, KS 66506. Pittsburg State University Bid postings: www.pittstate.edu/ office/purchasing. Additional contact info: phone: 620-235-4169, fax: 620-235-4166, e-mail: jensch@pittstate.edu. Mailing address: Pittsburg State University, Purchasing Office, 1701 S. Broadway, Pittsburg, KS 66762-7549. University of Kansas Electronic bid postings: http:// www.purchasing.ku.edu/. Paper bid postings and mailing address: KU Purchasing Services, 1246 W. Campus Road, Room 30, Lawrence, KS 66045. Additional contact info: phone: 785864-5800, fax: 785-864-3454, e-mail: purchasing@ku.edu.
Vol. 30, No. 8, February 24, 2011
156
State of Kansas
Kansas Register
Statewide Independent Living Council
Meeting/Notices
Notice of Meeting The Statewide Independent Living Council of Kansas, Inc. will meet at 10 a.m. Friday, March 11, at the SRS Learning Center, Room D, 2600 S.W. East Circle Drive South (2nd and MacVicar), Topeka. For more information, contact Mary Lou Dunn or Shannon Jones at (785) 234-6990 or (800) 217-4525, or e-mail at Marylouya@aol.com. Rob Siedlecki Acting Secretary of Social and Rehabilitation Services
Doc. No. 039154
State of Kansas
Notice to Consulting Engineers The Kansas Department of Transportation is seeking qualified consulting engineering firms or teams, prequalified in Category 333Geotechnical Specialist, for a three-year study of all airport pavements in the state with project scope as listed below. A PDF (1MB maximum size) of the interest response must be e-mailed to David J. Nagy, P.E., Assistant to the Bureau Chief of Design/ Contracts Engineer, at DavidN@ksdot.org. Interest responses shall be limited to four pages, the PDF file name and the subject line of the e-mail must read Firm Name Cat. 333 Aviation Pavement Study LOI, and must be received by noon March 3 for the consulting engineering firm or team to be considered. Category 333 Aviation Pavement Study (AV-0011-01, AV-0012-01, AV-0013-01) The Kansas Department of Transportations Division of Aviation is seeking a service provider (consultant) to utilize methodologies approved by the Federal Aviation Administration (FAA) to perform pavement condition reports/analysis for updating airport system planning data that will be used to assist in the continued development of airport capital improvement plans. The three-year project study (AV-0011-01, AV-0012-01, AV-0013-01) of all airport pavements in the state will use MicroPAVER technology to conduct PCI inspections and report on historical data and future needs for each of the Kansas airports with paved aircraft operation surfaces. Attention should be given to construction and maintenance history, performance models, current condition reports, and funding sources for predicted repairs. The work provided by the consultant or consultant team will be used to assist in the continued development of airport capital improvement plans and will assist airport sponsors in updating their pavement management plans, as required under their federal grant assurances. The Consultant Shortlist Committee will select several of the most highly qualified firms expressing interest and schedule an individual interview. The consulting firms can more thoroughly discuss their qualifications, experience related to project(s), their approach to general pro Kansas Secretary of State 2011
ject(s) design work, available schedule and the personnel qualifications at the interview. Firms not selected to be short-listed will be notified. Categories may be viewed at www.ksdot.org/divengdes/prequal. The Consultant Selection Committee, appointed by the Secretary of Transportation, will conduct the discussions with the firms invited to the individual interview conferences. The committee will select several firms based on qualifications to perform the professional services required for completing projects on an on-call basis. After the selection, the firms not selected will be notified of the outcome. It is KDOTs policy to use the following criteria as the basis for selection of the consulting engineering firms: 1. Size and professional qualifications. 2. Experience of staff. 3. Location of firm with respect to proposed project(s). 4. Work load of firm. 5. Firms performance record. The firms accounting systems must have the following capabilities before the firm may be awarded a contract: Valid, reliable and current costs must be available within the system to support cost and pricing data. Capability to provide a means of measuring the reasonableness of incurred costs. Capability to identify and accumulate allowable costs by contract or project records that will reconcile with the general ledger. Ability to provide supporting documentation of actual expenditures for each billing, based on costs. For more information, contact David Nagy at DavidN@ksdot.org. Deb Miller Secretary of Transportation
Doc. No. 039133
State of Kansas
Notice to Contractors Sealed proposals for the construction of road and bridge work in the following Kansas counties will be received at the Bureau of Construction and Maintenance, KDOT, Topeka, or at the Eisenhower State Office Building, fourth floor west wing, 700 S.W. Harrison, Topeka, until 1 p.m. March 16 and then publicly opened: District One Northeast Atchison3 C-4408-01 County road 3 miles south of Arrington, grading, bridge and surfacing, 0.2 mile. (Federal Funds) District106 K-5925-05 Various locations in District One, signing, 348 miles. (Federal Funds) District89 KA-2199-01 Mudjacking at various locations in District One, mudjacking. (State Funds) Jackson-Pottawatomie16-106 KA-1352-01 K-16 from the west Jackson County line east to U.S. 75; south junction of K-63/K-16 east to the Pottawatomie-Jackson county line, milling and overlay, 21.5 miles. (State Funds)
Vol. 30, No. 8, February 24, 2011
Notice to Contractors
Kansas Register
157
Johnson35-46 KA-2190-01 Slope and curb on I-35 in Johnson County, curb and gutter replacement. (State Funds) Leavenworth52 C-4258-01 County road 2.1 miles east and 3 miles north of Tonganoxie, grading, bridge and surfacing, 0.2 mile. (Federal Funds) Nemaha78-66 KA-1310-01 K-178 bridge 3.1 miles north of U.S. 36, bridge repair, 0.1 mile. (State Funds) District Two Northcentral Jewell28-45 KA-1309-01 K-28 bridge 3 miles east of the south junction of K-14, bridge repair. (State Funds) Republic148-79 KA-0903-01 K-148 culvert 7.5 miles east of U.S. 81, culvert construction. (State Funds) District Three Northwest Decatur83-20 KA-2169-01 Asphalt seal on U.S. 83 in Decatur County, seal, 12.4 miles. (State Funds) Ellis183-26 KA-2165-01 Asphalt seal on U.S. 183 in Ellis County, seal, 11.4 miles. (State Funds) Osborne24-71 KA-2203-01 U.S. 24 in Osborne County, milling and overlay, 3.9 miles. (State Funds) Phillips36-74 KA-1302-01 U.S. 36 bridge 1.4 miles east of the east junction of U.S. 183, bridge repair. (State Funds) Rooks183-82 KA-1737-01 U.S. 183 from the end of the concrete in Stockton north to the Phillips-Rooks county line, milling and overlay, 8.5 miles. (State Funds) Rooks24-82 KA-2164-01 Asphalt seal on U.S. 24 in Rooks County, seal, 18.3 miles. (State Funds) Rooks183-82 M-1975-01 U.S. 183 KDOT mixing strip 2.5 miles south of Stockton, stockpile bituminous material. (State Funds) Russell281-84 KA-0712-01 U.S. 281 west fork Wolf Creek Bridge, 0.2 mile west of Waldo, bridge replacement. (Federal Funds) Sheridan-Decatur83-106 KA-2181 U.S. 83 in Sheridan County beginning at the K-383 junction then north 0.7 mile to the Sheridan-Decatur county line; U.S. 83 in Decatur County beginning at the Sheridan-Decatur county line then north 9 miles, milling and overlay, 9.7 miles. (State Funds) Thomas97 U-2276-0 Approximately 0.2 mile north of College Drive to Fourth Street on K-25 in Colby, surfacing, 1 mile. (Federal Funds) Trego283-98 KA-2183-01 U.S. 283 in Trego County, seal, 22 miles. (State Funds) District Four Southeast Allen-Greenwood-Woodson54-106 KA-2209-01 U.S. 54 in Allen County beginning at the Allen-Woodson county line then east to the west city limits of Iola; U.S. 54 in Woodson County beginning at the east city limits of Yates Center then east to the Allen-Woodson county line; U.S. 54 in Greenwood County beginning at the east city limits of Eureka then east to the east K-99 junction, crack repair, 23.1 miles. (State Funds) Coffey75-16 KA-1998-01 U.S. 75, milling and overlay on U.S. 75 at various locations, 15.3 miles. (State Funds) Crawford146-19 KA-0907-01 K-146 bridge east of Walnut, bridge replacement. (State Funds)
Labette101-50 KA-0908-01 K-101 culvert 1.3 miles north of bridge no. 50, culvert construction. (State Funds) District Five Southcentral Barber160-4 KA-0910-01 U.S. 160 bridge 11.1 miles east of the Barber-Comanche county line, bridge replacement. (State Funds) Barton281-5 KA-2189-01 Bituminous seal project on U.S. 281 in Barton County, seal, 11.1 miles. (State Funds) Edwards50-24 KA-0715-01 U.S. 50 Arkansas River bridge 1 mile east of Kinsley, bridge replacement. (Federal Funds) Edwards50-24 KA-2002-01 U.S. 50 in Edwards County, milling and overlay, 22.7 miles. (State Funds) Harper179-39 KA-0909-01 Culverts on K-179, 4 and 4.3 miles north of the Kansas-Oklahoma state line, culvert construction. (State Funds) Sumner81-96 KA-0717-01 U.S. 81 Ninnescah River drainage bridge, 3.5 miles south of the Sedgwick-Sumner county line, bridge replacement. (Federal Funds) District Six Southwest Finney-Scott83-106 KA-2193-01 U.S. 83 in Finney County beginning at the end of the concrete pavement at the north U.S. 50 junction then north to the Finney-Scott county line; U.S. 83 in Scott county beginning at the Finney-Scott county line then north to the north city limits of Scott City, seal, 32.7 miles. (State Funds) Gray-Haskell144-106 KA-2194-01 K-144 in Gray County beginning at the Haskell-Gray county line then east to the U.S. 56 junction; K-144 in Haskell County beginning at the junction of U.S. 83 and U.S. 160 then east to the Haskell-Gray county line, seal, 16.8 miles. (State Funds) Proposals will be issued upon request to all prospective bidders who have been prequalified by the Kansas Department of Transportation on the basis of financial condition, available construction equipment and experience. Also, a statement of unearned contracts (Form No. 284) must be filed. There will be no discrimination against anyone because of race, age, religion, color, sex, handicap or national origin in the award of contracts. Each bidder shall file a sworn statement executed by or on behalf of the person, firm, association or corporation submitting the bid, certifying that such person, firm, association or corporation has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the submitted bid. This sworn statement shall be in the form of an affidavit executed and sworn to by the bidder before a person who is authorized by the laws of the state to administer oaths. The required form of affidavit will be provided by the state to each prospective bidder. Failure to submit the sworn statement as part of the bid approval package will make the bid nonresponsive and not eligible for award consideration. Plans and specifications for the projects may be examined at the office of the respective county clerk or at the KDOT district office responsible for the work. Deb Miller Secretary of Transportation
Doc. No. 039138
Vol. 30, No. 8, February 24, 2011
158
Kansas Register
Summary Notice of Bond Sale Unified School District No. 229 Johnson County, Kansas $32,000,000* General Obligation School Bonds Series 2011-A (General obligation bonds payable from unlimited ad valorem taxes)
Bond Sale
Good Faith Deposit Each bid shall be accompanied by a good faith deposit in the form of a cashiers or certified check drawn on a bank located in the United States, a qualified financial surety bond or a wire transfer in Federal Reserve funds immediately available for use by the issuer in the amount of $640,000. Delivery The issuer will pay for printing the bonds and will deliver the same properly prepared, executed and registered without cost to the successful bidder on or about March 24, 2011, to DTC for the account of the successful bidder. Assessed Valuation and Indebtedness The equalized assessed tangible valuation for computation of bonded debt limitations for the year 2010 is $2,429,991,616. The total general obligation indebtedness of the issuer as of the dated date, including the bonds being sold, is $340,875,000. Approval of Bonds The bonds will be sold subject to the legal opinion of Gilmore & Bell, P.C., Kansas City, Missouri, bond counsel, whose approving legal opinion as to the validity of the bonds will be furnished and paid for by the issuer, printed on the bonds and delivered to the successful bidder when the bonds are delivered. Additional Information Additional information regarding the bonds may be obtained from the undersigned, or from the financial advisor, at the addresses set forth below: Written and Facsimile Bid and Good Faith Deposit Delivery Address: Unified School District No. 229 Johnson County, Kansas 15020 Metcalf Overland Park, KS 66283-0901 Attn: Jenni Newell, Executive Director of Business and Finance (913) 239-4000 Fax (913) 239-4150 E-mail: jnewell@bluevalleyk12.org Financial Advisor: George K. Baum & Co. 4801 Main St., Suite 500 Kansas City, MO 64112 Attn: David Arteberry (816) 283-5137 Fax (816) 283-5326 E-mail: arteberry@gkbaum.com Dated February 14, 2011. Unified School District No. 229 Johnson County, Kansas
Doc. No. 039156
Bids Subject to the Notice of Bond Sale dated February 14, 2011, written and electronic bids will be received on behalf of the clerk of Unified School District No. 229, Johnson County, Kansas (the issuer), in the case of written bids, at the address set forth below, and in the case of electronic bids, through PARITY, until 11 a.m. March 7, 2011, for the purchase of the above-referenced bonds. No bid of less than 100 percent of the principal amount of the bonds and accrued interest thereon to the date of delivery will be considered. Bond Details The bonds will consist of fully registered bonds in the denomination of $5,000 or any integral multiple thereof. The bonds will be dated March 15, 2011, and will become due on October 1 in the years as follows:
2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030
$ 950,000 1,000,000 1,000,000 3,125,000 3,255,000 3,400,000 825,000 2,100,000 2,190,000 2,285,000 975,000 1,020,000 1,060,000 1,105,000 1,155,000 1,205,000 1,255,000 1,310,000 1,365,000 1,420,000
The bonds will bear interest from the date thereof at rates to be determined when the bonds are sold as hereinafter provided, which interest will be payable semiannually on April 1 and October 1 in each year, beginning October 1, 2011. Book-Entry-Only System The bonds shall be registered under a book-entry-only system administered through DTC. Paying Agent and Bond Registrar Kansas State Treasurer, Topeka, Kansas.
Vol. 30, No. 8, February 24, 2011

State of Kansas
Kansas Register
159

Request for Comments The Kansas Department of Health and Environment is soliciting comments regarding a proposed air quality operating permit and amending a previously issued construction approval. Westar Energy, Inc. Emporia Energy Center has applied for a Class I operating permit in accordance with the provisions of K.A.R. 28-19-510 et seq. The purpose of a Class I permit is to identify the sources and types of regulated air pollutants emitted from the facility; the emission limitations, standards and requirements applicable to each source; and the monitoring, record keeping, and reporting requirements applicable to each source as of the effective date of permit issuance. Notice also is given that the startup and shutdown definitions for the combustion turbines, and the submittal date for the semi-annual report in the construction approval dated April 17, 2007, are being modified by a modification of approval conditions. Westar Energy, Inc. Emporia Energy Center, 818 S. Kansas Ave., P.O. Box 889, Topeka, KS 66601, owns and operates a natural gas-fired power plant in Lyon County, located at 1385 Road 200, Emporia, KS 66801. A copy of the proposed permit, permit application, all supporting documentation, all information relied upon during the permit application review process, and a copy of the modification of approval conditions are available for a 30-day public review during normal business hours at the KDHE, Bureau of Air, 1000 S.W. Jackson, Suite 310, Topeka; and a copy of the proposed permit can be reviewed at the KDHE Southeast District Office, 1500 W. 7th, Chanute. To obtain or review either document, contact Jessica Webb, (785) 296-1578, at the KDHE central office; and to review the proposed permit only, contact Doug Cole, (620) 431-2390, at the KDHE Southeast District Office. The standard departmental cost will be assessed for any copies requested. Direct written comments or questions regarding the documents to Jessica Webb, KDHE, Bureau of Air, 1000 S.W. Jackson, Suite 310, Topeka, 66612-1366. In order to be considered in formulating final document decisions, written comments must be received before the close of business March 28. A person may request a public hearing be held on the proposed documents. The request for a public hearing shall be in writing and set forth the basis for the request. The written request must be submitted to Sharon Burrell, Bureau of Air, not later than the close of business March 28 in order for the Secretary of Health and Environment to consider the request. The U.S. Environmental Protection Agency has a 45day review period, which will start concurrently with the 30-day public comment period, within which to object to the proposed permit. If the EPA has not objected in writing to the issuance of the permit within the 45-day review period, any person may petition the administrator of the EPA to review the permit. The 60-day public petition period will directly follow the EPAs 45-day review period.
Interested parties may contact KDHE to determine if the EPAs 45-day review period has been waived. Any such petition shall be based only on objections to the permit that were raised with reasonable specificity during the public comment period provided for in this notice, unless the petitioner demonstrates that it was impracticable to raise such objections within such period, or unless the grounds for such objection arose after such period. Contact Patricia Scott, U.S. EPA, Region VII, Air Permitting and Compliance Branch, 901 N. 5th St., Kansas City, KS 66101, (913) 551-7097, to determine when the 45day EPA review period ends and the 60-day petition period commences. Robert P. Moser, M.D. Acting Secretary of Health and Environment
Doc. No. 039150
State of Kansas

03/08/2011 EVT0000450 03/08/2011 EVT0000453 03/08/2011 EVT0000454 03/08/2011 EVT0000456 03/08/2011 EVT0000459 03/10/2011 EVT0000423 03/10/2011 EVT0000461 03/18/2011 04/07/2011 EVT0000413 EVT0000452 Bituminous Plant Mixture Hot Mix-Cold Lay D4 Bituminous Mix, Hot/Cold D5 Bituminous Plant Mixture D5 South Central Variable Message Boards Washer Extractors, Furnish & Install Inmate Merchandise, Special PO Earthmoving Service Neosho Wildlife Area Janitorial Services Iola KITS Maintenance
03/15/2011 A-011395 Rev Field Maintenance Shop #7 Reparations Kansas City Kansas Dept. of Transportation, Topeka A-011499 Subarea Reroof Garden City Kansas Dept. of Transportation, Topeka
03/17/2011

Doc. No. 039160
Vol. 30, No. 8, February 24, 2011
160
State of Kansas
Kansas Register
Hearing/Notice
The Kansas Department of Health and Environment, Division of Environment, Bureau of Environmental Field Services, will conduct a public hearing at 2 p.m. Thursday, May 26, in Room 530 of the Curtis State Office Building, 1000 S.W. Jackson, Topeka, to consider the adoption of K.A.R. 28-16-28g, a proposed amended regulation regarding Kansas Surface Water Quality Standards and adopting the Kansas Surface Water Register. The following is a summary of the proposed amendments and estimated economic impact: Summary of Regulation: K.A.R. 28-16-28g is the classification and use designation section of the Kansas Surface Water Quality Standards. Designated uses of surface waters are listed in the Kansas Surface Water Register, which is adopted by reference in K.A.R. 28-16-28g. The register identifies major classified streams, lakes and wetlands and the uses that are existing or attainable. In the period of January 1, 2007 through July 30, 2008, 971 stream segments and 36 lakes were evaluated by a designated use attainability analysis (UAA) to determine the appropriate use designations. These proposed revisions identify the designated use changes for 709 stream segments and 36 lakes as a result of UAA findings. Three stream segments are proposed for deletion from the Kansas Surface Water Register (removed from classification); 16 stream segments are proposed for secondary contact recreation; 20 stream segments are proposed for primary contact recreation; and 703 stream segments added or changed designated use assignments for aquatic life support use, food procurement, domestic water supply, industrial water supply, livestock watering, irrigation and groundwater recharge. Two lakes are proposed for deletion and 30 lakes are proposed for domestic water supply, industrial water supply, livestock watering, irrigation and groundwater recharge. Economic Impact: There are no anticipated costs of compliance resulting from these changes in designated use designations. The time period between the publication of this notice and the scheduled hearing constitutes a 60-day public comment period for the purpose of receiving written public comments on the proposed regulatory action. Comments should be submitted to Steve Haslouer, KDHE, Bureau of Environmental Field Services, 1000 S.W. Jackson, Suite 430, Topeka, 66612-1367, by fax to (785) 296-6247, or by e-mail to shasloue@kdheks.gov. All interested parties will be given a reasonable opportunity to present their views orally on the proposed regulatory action during the hearing, as well as to submit their written comments at that time. In order to give all parties an opportunity to present their views, it may be necessary to require each participant to limit any oral presentation to five minutes.
Copies of the proposed regulation and document adopted by reference, economic impact and environmental benefits statements and notice of hearing may be obtained on the Bureau of Environmental Field Services Web site at http://www.kdheks.gov/befs or by contacting Melissa Hammond at the address above, (785) 296-6603 or fax (785) 296-6247. Any individual with a disability may request accommodation in order to participate in the public hearing and may request the proposed regulation and the economic impact and environmental benefits statements in an accessible format. Requests for accommodation should be made at least five working days in advance of the hearing by contacting Melissa Hammond. Robert P. Moser, M.D. Acting Secretary of Health and Environment
Doc. No. 039151
State of Kansas

Name and Address of Applicant Fred Cox, Jr. 8920 S. Simpson Road Assaria, KS 67416 Legal Description NE/4 of Section 19, T16S, R02W, Saline County Receiving Water Smoky Hill River Basin
Kansas Permit No. A-SHSA-B006 This permit is being reissued for an existing facility with a maximum capacity of 150 head (150 animal units) of cattle more than 700 pounds and 100 head (50 animal units) of cattle 700 pounds or less,
Vol. 30, No. 8, February 24, 2011
Notice
Kansas Register
161
for a total of 250 head (200 animal units) of cattle. There is no change in the permitted animal units from the previous permit. Name and Address Legal Receiving of Applicant Description Water Tanking Dairy NW/4 of Section 32, Kansas River Randy Tanking T05S, R15E, Jackson Basin 29202 O Road County Wetmore, KS 66550 Kansas Permit No. A-KSJA-B003 This permit is being reissued for an existing facility with a maximum capacity of 20 head (20 animal units) of cattle more than 700 pounds and 20 head (10 animal units) of cattle 700 pounds or less, for a total of 40 head (30 animal units) of cattle. There is no change in the permitted animal units from the previous permit.
Name and Address Receiving Type of of Applicant Stream Discharge Mid-Kansas Electric Arkansas River Process Company, LLC Wastewater 301 W. 13th St. Hays, KS 67601-0980 Kansas Permit No. I-UA11-PO02 Federal Permit No. KS0079995 Legal Description: NE14, S4, T27S, R24W, Ford County Facility Name: Fort Dodge Station Facility Location: 11453 Fort Dodge Road, Dodge City, KS 67801 Facility Description: The proposed action is to reissue an existing permit for the operation of an existing wastewater treatment facility at a natural gas fired steam electric generating station used for base load power generation. Wastewater is generated from a demineralizer and RO operation as well as typical generating activities. The proposed permit contains limits for total residual oxidant, sulfate, pH and whole effluent toxicity, as well as monitoring of temperature, nitrate+nitrite, fluoride, total Kjeldahl nitrogen, total nitrogen, total phosphorus, total recoverable metals, priority pollutants and effluent flow. Domestic waste is directed to a septic tank system. The boiler cleaning waste is collected separately and shipped offsite for treatment and disposal. The reverse osmosis reject is directed to a Class I disposal well. Contained in the permit is a schedule of compliance requiring the permittee to develop an acceptable plan to meet permit limits during times when the Class I disposal well will be taken out of service.
T24S, R2W, Portion of Sections 11, 13, 23, 24, T24S, R3W, and Portion of Section 5, T25S, R2W Facility Description: The proposed action is to issue a new permit for the use of wells for an Underground Injection Control Area - Class V Aquifer Storage and Recovery Well system. The recharge facilities consist of 29 aquifer storage and recovery wells and one recharge basin located approximately 3 to 10 miles west of Halstead and Sedgwick, Kansas, in a generally northwest-southeast geographic alignment. The proposed permit authorizes both the injection into wells and flow to a recharge basin of treated surface water from the Little Arkansas River for the purpose of storage and later recovery of groundwater. The proposed permit contains limits for pH, chloride, atrazine, arsenic, nitrate, injection pressure and injection volume. Monitoring for specific conductance, turbidity, temperature, hardness , dissolved solids, dissolved potassium, sodium, sulfate, dissolved carbonate, total phosphorus, dissolved manganese, total coliform 3, suspended solids, alkalinity as CaCO3, dissolved calcium, dissolved bicarbonate, nitrate, dissolved iron, dissolved triazine herbicide screen, and dissolved E. coli also is required. The construction, monitoring and operation of these wells shall meet the requirements that apply to Class V Injection wells under K.A.R. 2846-1 through 28-46-42 and K.A.R. 28-30-1 through K.A.R. 28-30-10.
Public Notice No. KS-EG-11-002 In accordance with K.A.R. 28-46-7 and the authority vested with the state by the administrator of the U.S. Environmental Protection Agency, draft permits have been prepared for the use of the well(s) described below within the state of Kansas:
Name and Address of Applicant Wichita, City of - Public Works & Utilities 455 N. Main St. Wichita, KS 67202 Facility Name: Equus Beds Aquifer Storage and Recovery (ASR) Phase II Facility Location: Harvey and Sedgwick Counties, Kansas Permit Number: KS-05-079-004 Well Numbers: MR2, MR4, MR6, MR8, MR10, MR11, MR13, MR14, MR18, MR19, MR20, MR22, MR23, MR 26, MR42 through MR45, MR47, MR48, MR50, MR51, MR55, MR56 through MR 61 Locations: Portion of Sections 29 & 32, T23S, R2W, Portion of Section 7, T24S, R1W, Portion of Sections 8, 16, 17, 19, 21, 22, 26, 28, 29, 35,
Persons wishing to comment on the draft documents and/or permit applications must submit their comments in writing to the Kansas Department of Health and Environment if they wish to have the comments considered in the decision-making process. Comments should be submitted to the attention of the Livestock Waste Management Section for agricultural-related draft documents or applications, or to the Technical Services Section for all other permits, at the Kansas Department of Health and Environment, Division of Environment, Bureau of Water, 1000 S.W. Jackson, Suite 420, Topeka, 66612-1367. All comments regarding the draft documents or application notices received on or before March 26 will be considered in the formulation of the final determinations regarding this public notice. Please refer to the appropriate Kansas document number (KS-AG-11-034/035, KS-Q-11013, KS-EG-11-002) and name of the applicant/permittee when preparing comments. After review of any comments received during the public notice period, the Secretary of Health and Environment will issue a determination regarding final agency action on each draft document/application. If response to any draft document/application indicates significant public interest, a public hearing may be held in conformance with K.A.R. 28-16-61 (28-46-21 for UIC). All draft documents/applications and the supporting information including any comments received are on file and may be inspected at the offices of the Kansas Department of Health and Environment, Bureau of Water. These documents are available upon request at the copying cost assessed by KDHE. Application information and components of plans and specifications for all new and expanding swine facilities are available on the Internet at http://www.kdheks.gov/feedlots. Division of Environment offices are open from 8 a.m. to 5 p.m. Monday through Friday, excluding holidays. Robert P. Moser, M.D. Acting Secretary of Health and Environment
Doc. No. 039158
Vol. 30, No. 8, February 24, 2011
162
State of Kansas
Kansas Register
Request for Applications for the Kansas Quality of Care Project
The Kansas Department of Health and Environments Bureau of Health Promotion and Bureau of Local and Rural Health are posting a request for applications for the Kansas Quality of Care Project. The purpose of the project is to support provider-based rural healthcare clinics to improve the quality of care for adult patients with diabetes, hypertension and hyperlipidemia in counties that do not currently have a KDHE-funded Kansas Quality of Care Project. Organizations that are eligible to apply for this grant include provider-based rural healthcare clinics linked to a critical access hospital located in Clark, Comanche, Decatur, Edwards, Gove, Graham, Greeley, Hamilton, Hodgeman, Kearny, Lane, Logan, Ness, Norton, Pawnee, Phillips, Rawlins, Rush, Scott, Stanton, Trego and Wichita counties. First consideration will be given to clinics that have previously participated in the Kansas Quality of Care Project (formerly Statewide Diabetes Quality of Care Project). The submission deadline is March 11. For additional information, contact Kate Watson, Bureau of Health Promotion, at (785) 291-8059 or kwatson@kdheks.gov. Robert P. Moser, M.D. Acting Secretary of Health and Environment
Doc. No. 039161
Synopsis: K.S.A. 20-348 authorizes the court to tax the county for the attorney fees of an indigent person confined pursuant to the Sexually Violent Predator Act (SVPA) in a habeas corpus proceeding under K.S.A. 601501. Cited herein: K.S.A. 20-348; 22-4503; 22-4506; K.S.A. 2009 Supp. 59-29a07; K.S.A. 59-29a06; K.S.A. 2009 Supp. 60-2001; K.S.A. 60-2002; 60-2003; 60-1501. JLA Opinion 2011-4 SchoolsCommunity CollegesOrganization, Powers and Finances of Boards of Trustees; Board of Trustees; Powers and Duties; Filling Vacancies, February 17, 2011. Synopsis: A community college board of trustees is charged with filling vacancies on to place the matter before the voters. Cited herein: K.S.A. 25-2002; 25-2002; 711412; 71-1413 and 71-1419. MJS Derek Schmidt Attorney General
Doc. No. 039157
State of Kansas
Legislature
HB 2264, AN ACT concerning property taxation; relating to exemptions; mineral rights; repealing K.S.A. 79-420, by Committee on Taxation. HB 2265, AN ACT concerning property; relating to delinquent taxes and special assessments; interest and penalties; redemption procedures; certain vacant land; amending K.S.A. 2010 Supp. 79-2004 and 79-2401a and repealing the existing sections, by Committee on Taxation. HB 2266, AN ACT concerning sales taxation; relating to community improvement districts; notice of rate of tax; amending K.S.A. 2010 Supp. 12-6a31 and repealing the existing section, by Committee on Taxation. HB 2267, AN ACT concerning utilities; relating to electric supply and demand reports, by Committee on Energy and Utilities. HB 2268, AN ACT concerning state agencies; relating to the collection of licenses, fees, charges, taxes and exactions, by Committee on Government Efficiency. HB 2269, AN ACT concerning school districts; relating to school finance; amending K.S.A. 72-6410, 72-6415b, 72-6431, 72-6433, 72-6435, 726449 and 72-6451 and repealing the existing sections; also repealing K.S.A. 2010 Supp. 72-6442b, by Committee on Education. HB 2270, AN ACT concerning school districts; relating to school finance; nonproficient pupils; amending K.S.A. 2010 Supp. 72-6407 and 72-6438 and repealing the existing sections, by Committee on Education. HB 2271, AN ACT concerning agriculture; relating to plant pest inspection and control; amending K.S.A. 2010 Supp. 2-2113, 2-2115, 22116, 2-2117, 2-2118, 2-2120, 2-2122, 2-2123, 2-2124, 2-2125, 2-2126, 22128 and 2-2129 and repealing the existing sections, by Committee on Agriculture and Natural Resources. HB 2272, AN ACT concerning water; relating to regulation by the department of agriculture, division of water resources, by Committee on Agriculture and Natural Resources. HB 2273, AN ACT designating part of K-99 as the Frankfurt Boys World War II highway; amending K.S.A. 2010 Supp. 68-1057 and repealing the existing section, by Committee on Transportation.
State of Kansas
Attorney General
Opinion 2011-2 State Departments: Public Officers and Employees Kansas Tort Claims ActLiability of Governmental Entities for Damages Caused by Employee Acts; Defense of Governmental Entity or Employee; Governmental Employees Assigned to Represent the Governmental Entity on the Homeland Security Council, February 7, 2011. Synopsis: Members of a Regional Homeland Security Council are considered an employee as defined in the Kansas Tort Claims Act and, as such, would be afforded a defense by the appointing authority against any tort claims while acting within the scope of their appointment and provided that such employee did not act with actual fraud or actual malice. Cited herein: K.S.A. 65-5721; 756101; K.S.A. 2009 Supp. 75-6102 as amended by L.2010, ch. 86 1; K.S.A. 2009 Supp. 75-6108. MJS Opinion 2011-3 CourtsDistrict CourtsCounty Commissioners Responsible for Certain Expenses of District Court Operations; Costs of Fees for Counsel Appointed in a Habeas Corpus Proceeding under K.S.A. 60-1501 to Represent Indigent Persons Confined Pursuant to the Sexually Violent Predator Act, February 9, 2011.
Vol. 30, No. 8, February 24, 2011
Legislative Bills
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HB 2274, AN ACT designating part of interstate highway 70 as the Eisenhower/Truman Presidential highway; amending K.S.A. 68-1009 and repealing the existing section, by Committee on Transportation. HB 2275, AN ACT concerning health insurance; relating to health provider payments, by Committee on Insurance. HB 2276, AN ACT concerning health insurance; relating to mandate lite health benefits plans; commissions; specially designed policies, by Committee on Insurance. HB 2277, AN ACT concerning crimes, punishment and criminal procedure; relating to driving under the influence; amending K.S.A. 2009 Supp. 8-1567, as amended by section 3 of chapter 153 of the 2010 Session Laws of Kansas and K.S.A. 2010 Supp. 75-5291 and repealing the existing sections, by Committee on Judiciary. HB 2278, AN ACT concerning income taxation; providing a checkoff for the Kansas hometown heroes fund, by Committee on Veterans, Military and Homeland Security. HB 2279, AN ACT concerning dental assistants; relating to the performance of coronal scaling, by Committee on Health and Human Services. HB 2280, AN ACT concerning the Kansas dental board; relating to licensure of registered dental practioners; amending K.S.A. 65-1421, 651424, 65-1441, 65-1449, 65-1460, 65-1462, 74-1404, 74-1405 and 74-1406 and K.S.A. 2010 Supp. 65-1431, 65-1434, 65-1436, 65-1447, 65-1469, 654915, 65-4921, 65-5912, 65-7304, 75-2935 and 75-6102 and repealing the existing sections, by Committee on Health and Human Services. HB 2281, AN ACT making and concerning appropriations for the fiscal year ending June 30, 2012, for the department of social and rehabilitative services; relating to home and community based services for autism, by Committee on Children and Families. HB 2282, AN ACT concerning lodging inspections; relating to lodging inspection fees; amending K.S.A. 2010 Supp. 36-502, 36-518 and 74-591 and repealing the existing sections; also repealing K.S.A. 2010 Supp. 36512, by Committee on Agriculture and Natural Resources Budget. HB 2283, AN ACT concerning lobbying and the use of public funds, by Committee on Judiciary. HB 2284, AN ACT concerning the use of public funds for lobbying for a tax increase, by Committee on Judiciary. HB 2285, AN ACT concerning motor vehicles; relating to cities and counties; seat belt violations; denial of certain state funds; amending K.S.A. 2010 Supp. 68-416 and 79-3425c and repealing the existing sections, by Committee on Transportation. HB 2286, AN ACT concerning school districts; relating to school finance; relating to supplemental general state aid; amending K.S.A. 2010 Supp. 72-6434 and repealing the existing section, by Committee on Education. HB 2287, AN ACT concerning sales taxations; relating to exemptions; certain sales of school supplies, computers and clothing during sales tax holiday; amending K.S.A. 2010 Supp. 79-3606 and repealing the existing section, by Committee on Taxation. HB 2288, AN ACT concerning school districts; relating to the assessed valuation of certain school districts, by Committee on Taxation. HB 2289, AN ACT making and concerning appropriations for the fiscal year ending June 30, 2012, for the department on aging and the department of social and rehabilitation service; relating to home and community based services, by Committee on Children and Families. HB 2290, AN ACT concerning taxation; relating to mineral severance tax; distribution of revenue; amending K.S.A. 2010 Supp. 79-4227 and repealing the existing section, by Committee on Education. HB 2291, AN ACT concerning insurance; relating to automobile liability insurance; amending K.S.A. 40-284 and repealing the existing section, by Committee on Insurance. HB 2292, AN ACT concerning insurance; excluding coverage for certain abortions; amending K.S.A. 2010 Supp. 40-2,103 and 40-19c09 and repealing the existing sections, by Committee on Insurance. HB 2293, AN ACT concerning insurance; relating to state employee health savings accounts, by Committee on Insurance. HB 2294, AN ACT concerning cities; relating to annexation; amending K.S.A. 12-519, 12-520b, 12-521, 12-531, 12-532 and 60-2301 and K.S.A. 2010 Supp. 25-432 and repealing the existing sections, by Committee on Local Government. HB 2295, AN ACT concerning parks and wildlife; relating to the regulation of hunting; amending K.S.A. 2010 Supp. 32-919, 32-932, 32-937, 32-980 and 32-988 and repealing the existing sections, by Committee on Agriculture and Natural Resources.
HB 2296, AN ACT concerning state institutions and agencies; establishing the joint committee on oversight of the closure of the Kansas neurological institute and the Kansas neurological institute community conversion conservation fund, by Committee on Aging and Long Term Care. HB 2297, AN ACT concerning service members; relating to civil relief in foreclosure proceedings, by Committee on Veterans, Military and Homeland Security. HB 2298, AN ACT concerning veterans; relating to the executive director of the Kansas commission on veterans affairs; amending K.S.A. 73-1208c and repealing the existing section, by Committee on Veterans, Military and Homeland Security. HB 2299, AN ACT merchant and security police; prohibiting cities and counties from issuing licenses and permits; amending K.S.A. 121679 and repealing the existing section, by Committee on Veterans, Military and Homeland Security. HB 2300, AN ACT concerning state legislatures; relating to re-employment, by Committee on Federal and State Affairs. HB 2301, AN ACT providing for the phasing out and closure of the school for the deaf and the school for the blind, by Committee on Education. HB 2302, AN ACT concerning schools; relating to charter schools; amending K.S.A. 2010 Supp. 72-1906 and repealing the existing section, by Committee on Education. HB 2303, AN ACT concerning utilities; relating to rates for electricity and variable time-of-day pricing, by Committee on Energy and Utilities. HB 2304, AN ACT concerning rules and regulations; relating to nullification, by Committee on Judiciary. HB 2305, AN ACT concerning board of indigents defense; amending K.S.A. 22-4519 and repealing the existing section, by Committee on Judiciary. HB 2306, AN ACT concerning the department of administration; relating to the requirements for purchase of motor vehicles by state agencies, by Committee on Government Efficiency. HB 2307, AN ACT enacting the Kansas residential roofing act, by Committee on Insurance. HB 2308, AN ACT concerning elections; relating to campaign finance; amending K.S.A. 2010 Supp. 25-4148 and repealing the existing section, by Committee on Elections. HB 2309, AN ACT concerning campaign finance; relating to transfer of campaign funds; amending K.S.A. 25-4157 and K.S.A. 2010 Supp. 254143 and 25-4157a and repealing the existing sections, by Committee on Elections. HB 2310, AN ACT concerning retirement and pensions; relating to the Kansas public employees retirement system and systems thereunder; employment after retirement; amending K.S.A. 2010 Supp. 74-4914 and 74-4937 and repealing the existing sections, by Committee on Pension and Benefits. HB 2311, AN ACT concerning retirement and pensions; enacting the Kansas public employees retirement system defined contribution act; providing terms, conditions and requirements related thereto; relating to plan document, membership, benefits and contributions; death and disability benefits, by Committee on Pension and Benefits. HB 2312, AN ACT concerning regulated scrap metal; relating to licensure for scrap metal dealers; unlawful acts; criminal penalties; amending K.S.A. 2010 Supp. 50-6,109 and 50-6,111 and repealing the existing sections, by Committee on Judiciary. HB 2313, AN ACT concerning civil procedure; relating to social and rehabilitation services; amending K.S.A. 60-1501 and repealing the existing section, by Committee on Judiciary. HB 2314, AN ACT concerning drainage district No. 2 of Finney county, Kansas; pertaining to the election of directors; amending K.S.A. 24-412 and K.S.A. 2010 Supp. 24-139a and 24-409 and repealing the existing sections, by Committee on Taxation. HB 2315, AN ACT concerning public health; relating to the licensure of home nursing agencies, home health agencies and home services agencies; amending K.S.A. 65-5101, 65-5102, 65-5103, 65-5105, 65-5106, 65-5107, 65-5108, 65-5109, 65-5111, 65-5115 and 65-5116 and K.S.A. 2010 Supp. 65-5104, 65-5112 and 65-5117 and repealing the existing sections, by Committee on Aging and Long Term Care. HB 2316, AN ACT concerning economic development; establishing the bioscience investment fund; taxation of certain bonds; amending K.S.A. 2010 Supp. 79-32,117 and repealing the existing section, by Committee on Vision 2020. (continued)
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Legislative Bills
HB 2317, AN ACT concerning taxation; relating to IMPACT program, withholding, requirements, limitations; income tax deductions, expensing of investment expenditures; income tax credits; sales tax exemptions; creating job creation program fund, administration, expenditures; amending K.S.A. 2010 Supp. 74-50,104, 74-50,106, 74-50,107, 74-50,109, 74-50,110, 74-50,111, 74-50,132, 79-32,160a, 79-32,206 and 79-3606 and repealing the existing sections; also repealing K.S.A. 2010 Supp. 7450,151 and 74-50,152, by Committee on Taxation. HB 2318, AN ACT concerning crimes and punishment; relating to controlled substances; amending K.S.A. 2010 Supp. 21-36a01, 21-36a05, 21-36a09, 21-36a10, 21-36a13 and 21-36a14 and repealing the existing sections, by Committee on Corrections and Juvenile Justice. HB 2319, AN ACT concerning crimes, criminal procedure and punishment; relating to house arrest. Amending sections 244, 249 and 285 of chapter 136 of the 2010 Session Laws of Kansas and repealing the existing sections, by Committee on Corrections and Juvenile Justice. HB 2320, AN ACT concerning oil and gas; relating to unit operations; amending K.S.A. 55-1305 and repealing the existing section, by Committee on Agriculture and Natural Resources. HB 2321, AN ACT concerning crimes and punishment; creating the crimes of armed criminal action and endangerment; relating to further amendments to the recodified criminal code; amending K.S.A. 2010 Supp. 21-4010 and 21-4012 and sections 9, 34, 37, 61, 68, 71, 81, 92, 93, 129, 130, 132, 136, 165, 197, 223, 224 and 300 of chapter 136 of the 2010 Session Laws of Kansas and repealing the existing sections; also repealing K.S.A. 2010 Supp. 21-3302, 21-3446, 21-3447, 21-3506 and 214311, by Committee on Corrections and Juvenile Justice. HB 2322, AN ACT concerning the Kansas offender registration act; amending K.S.A. 22-4901, 22-4903, 22-4908, 22-4909 and 22-4911 and K.S.A. 2010 Supp. 22-4902, 22-4904, 22-4905, 22-4906, 22-4907 and 224913 and repealing the existing sections; also repealing K.S.A. 22-4912, by Committee on Corrections and Juvenile Justice. HB 2323, AN ACT concerning crimes, punishment and criminal procedure; relating to abolition of the death penalty; creating the crime of aggravated murder; sentences of imprisonment for life without the possibility of parole; amending K.S.A. 22-3405, 22-3705 and 22-4210 and K.S.A. 2010 Supp. 22-3717, 22-3728, 22-4902, 38-2255, 38-2271, 38-2312, 38-2365, 39-970, 65-5117, 72-1397 and 75-52,148 and sections 54, 254, 258, 260, 262, 266, 268, 269 and 287 of chapter 136 of the 2010 Session Laws of Kansas and repealing the existing sections; also repealing K.S.A. 2010 Supp. 21-4619, 21-4623, 21-4624, 21-4634, 21-4642, 22-3717c and 38-2255a and sections 36, 257 and 259 of chapter 136 of the 2010 Session Laws of Kansas, by Committee on Corrections and Juvenile Justice. HB 2324, AN ACT concerning cigarettes and tobacco products; relating to electronic cigarettes; amending K.S.A. 2010 Supp. 79-3321 and repealing the existing section, by Committee on Corrections and Juvenile Justice. HB 2325, AN ACT concerning crimes, criminal procedure and punishment; relating to the calculation of good time credits for inmates on postrelease supervision; amending K.S.A. 2010 Supp. 22-3717 and section 302 of chapter 136 of the 2010 Session Laws of Kansas and repealing the existing sections; also repealing K.S.A. 2010 Supp. 22-3717c, by Committee on Corrections and Juvenile Justice. HB 2326, AN ACT concerning crimes, criminal procedure and punishment; relating to offender supervision and placement; amending K.S.A. 2010 Supp. 75-5291 and section 244 of chapter 136 of the 2010 Session Laws of Kansas and repealing the existing sections, by Committee on Corrections and Juvenile Justice. HB 2327, AN ACT concerning crimes, criminal procedure and punishment; relating to sentencing of veterans suffering from posttraumatic stress disorder; amending K.S.A. 2010 Supp. 73-1209 and repealing the existing section, by Committee on Corrections and Juvenile Justice. HB 2328, AN ACT concerning retirement and pensions; relating to the Kansas public employees retirement system; employer contributions; amending K.S.A. 2010 Supp. 74-4920 and repealing the existing section, by Committee on Pension and Benefits. HB 2329, AN ACT concerning courts; relating to expunged records; relating to petitions for relief; amending K.S.A. 22-4701 and 22-4705 and K.S.A. 2010 Supp. 12-4516a, 22-2410 and 38-2312 and section 254 of chapter 136 or the 2010 Session Laws of Kansas repealing the existing sections, by Committee on Corrections and Juvenile Justice. HB 2330, AN ACT enacting the cannabis compassion and care act; providing for the legal use of cannabis for certain debilitating medical conditions; providing for the registration and functions of compassion centers; authorizing the issuance of identification cards; establishing the
compassion board; providing for administration of the act by department of health and environment; amending K.S.A. 79-5210 and repealing the existing section, by Committee on Commerce and Economic Development. HB 2331, AN ACT concerning economic development; creating rural opportunity zones; relating to income taxation, credit for certain taxpayers, amount and requirements; student loan repayment program, by Committee on Taxation. HB 2332, AN ACT concerning crimes and punishment; relating to sexual exploitation of a child; amending sections 33, 34, 35 and 74 of chapter 136 of the 2010 Session Laws of Kansas and repealing the existing sections, by Committee on Judiciary. HB 2333, AN ACT concerning retirement and pensions; relating to the Kansas public employees retirement system; normal retirement date; amending K.S.A. 74-4914c and K.S.A. 2010 Supp. 74-4914 and 74-4937 and repealing the existing sections, by Committee on Pension and Benefits. HB 2334, AN ACT concerning crimes, criminal procedure and punishment; relating to competence of defendants to stand trial; repealing K.S.A. 22-3301 and 22-3306 and K.S.A. 2010 Supp. 22-3302, 22-3303, 223305 and 22-3305a, by Committee on Corrections and Juvenile Justice. HB 2335, AN ACT concerning the Kansas act against discrimination; amending K.S.A. 44-1002 and 44-1006 and repealing the existing sections, by Committee on Federal and State Affairs. HB 2336, AN ACT establishing the Kansas employment first initiative act and creating the Kansas employment first oversight commission, by Committee on Federal and State Affairs. HB 2337, AN ACT concerning abortion; relating to licensure of abortion clinics, by Committee on Federal and State Affairs. HB 2338, AN ACT concerning taxation; providing a sales tax exemption for certain commercial data centers; amending K.S.A. 2010 Supp. 79-3606 and repealing the existing section, by Committee on Taxation. HB 2339, AN ACT concerning crimes, punishment and crinimal procedure; amending K.S.A. 8-254, 8-285, 8-1450, 9-2004, 19-101d, 19-27,139, 19-4808, 20-369, 22-2411, 22-2615, 22-2307, 22-2908, 22-3008, 22-3102, 223414, 22-3415, 22-3427, 22-3429, 22-3436, 22-3439, 22-3602, 22-3701, 223725, 22-4807a, 34-228, 34-249a, 36-602, 38-1132, 39-720, 39-785, K.S.A. Supp. 8-255, 8-116a, 8-255, 8-262, 8-287, 8-2,144, 8-1013, 8-1102, 8-1567, 8-2106, 8-2117, 8-2410, 12-16,119, 12-4104, 12-4516, 12-4516a, 12-4517, 1712a508, 20-2207, 20-2208, 20-3207, 22-2310, 22-3410, 22-2512, 22-2802, 222901, 22-2909, 22-3212, 21-3212a, 21-3220, 21-3221, 22-3303, 22-3426, 223716, 22-3717, 22-3727, 22-3727a, 22-4614, 22-4616, 22-4617, 22-4902, 22-4906, 28-177, 32-1013, 32-1047, 32-1063, 36-604, 38-2202, 38-2255, 382271, 38-2302, 38-2303, 38-2309, 38-2310, 38-2312, 38-2313, 38-2326, 382331, 38-2355, 38-2356, 38-2361, 38-2364, 38-2365, 38-2371, 38-2377, 39970, 40-252, 40-2,118, 40-1702, 40-3213, Section 2, 11, 21, 22, 23, 24, 25, 26, 28, 33, 34, 35, 39, 47, 48, 49, 52, 53, 56, 57, 60, 61, 62, 64, 67, 68, 70, 74, 76, 78, 88, 96, 98, 105, 136, 139, 141, 147, 158, 159, 164, 177, 183, 186, 187, 188, 189, 190, 192, 194, 198, 209, 212, 223, 225, 230, 232. 242, 243, 244, 247, 248, 254, 257, 259. 260, 262, 266, 267, 268, 269, 271, 285, 291, 292, 298 of chapter 136 of the 2010 Session Laws of Kansas and repealing the existing sections; also repealing 22-3220 and K.S.A. 2009 Supp. 213110, as amended by section 5 of chapter 101 of the 2010 Session Laws of, 21-3412a, as amended by section 6 of chapter 101 of the 2010 Session Laws of, 214603d, as amended by section 7 of chapter 101 of the 2010 Session Laws of, K.S.A. 2010 Supp. 8-255, 21-3105, 21-3211, 21-3212, 213212a, 21-3213, 21-3214, 21-3215, 21-3216, 21-3217, 21-3218, 21-3220, 213301, 21-3302, 21-3303, 21-3437, 21-3446, 21-3447, 21-3449, 21-3450, 213502, 21-3504, 21-3506, 21-3513, 21-3516, 21-3520, 21-3608a, 21-3826, 21-4018, 21-4201, 21-4203, 21-4204, 21-4218, 21-4226, 21-4311, 21-4316, 21-4603d, 21-4610a, 21-4619, 21-4623, 21-4624, 21-4632, 21-3221; Section 2, Section 105, Section 11, Section 136, Section 139, Section 141, Section 147, Section 158, Section 159, Section 164, Section 177, Section 183, Section 186, Section 187, Section 189, Section 190, Section 192, Section 194, Section 198 of chapter 136 of the 2010 Session Laws of Kansas, Section 21, Section 22, Section 23, Section 24, Section 25, Section 26, Section 28, Section 33, Section 34, Section 35, Section 39, Section 47, Section 48, Section 49, Section 52, Section 53, Section 56, Section 57, Section 60, Section 61, Section 62, Section 64, Section 67, Section 68, Section 70, Section 74, Section 76, Section 78, Section 88, Section 96 and Section 98 and repealing the existing section, by Committee on Appropriations. HB 2340, AN ACT concerning smoking; amending K.S.A. 2010 Supp. 21-4010 and repealing the existing section, by Committee on Federal and State Affairs.
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HB 2341, AN ACT concerning waste; relating to litter control; requiring certain beverage containers to be redeemable; prohibiting certain conduct and providing penalty for violation thereof; establishing the returnable container deposit fund, by Committee on Appropriations. HB 2342, AN ACT concerning property taxation; relating to appraisals; mill levy adjustments; resolutions; amending K.S.A. 79-5a04, 791412a, 79-1460a and 79-1466 and K.S.A. 2010 Supp. 79-1448, 79-1460 and 79-2925b and repealing the existing sections, by Committee on Taxation. HB 2343, AN ACT concerning children and minors; relating to adoption; amending K.S.A. 2010 Supp. 38-2270 and repealing the existing section, by Committee on Federal and State Affairs. HB 2344, AN ACT concerning children and minors; relating to permanency planning; amending K.S.A. 2010 Supp. 38-2263 and repealing the existing section, by Committee on Federal and State Affairs. HB 2345, AN ACT concerning children and minors; relating to orders of temporary custody; amending K.S.A. 2010 Supp. 38-2243 and repealing the existing section, by Committee on Federal and State Affairs. HB 2346, AN ACT concerning criminal procedure; relating to sex offenders; amending K.S.A. 22-4903 and K.S.A. 2010 Supp. 8-243, 8-255, 22-4902, 22-4904 and 22-4913 and sections 7, 285 and 299 of chapter 136 of the 2010 Session Laws of Kansas and repealing the existing sections, by Committee on Federal and State Affairs.

HCR 5013, By Committee on Federal and State Affairs, A PROPOSITION to amend the constitution of the state of Kansas by adding a new article thereto, prescribing certain limits upon taxes, revenues and expenditures by the state. HCR 5014, By Reps. ONeal and Davis, A CONCURRENT RESOLUTION providing for a joint session of the Senate and House of Representatives for the purpose of hearing a message from the Supreme Court. HCR 5015, By Committee on Judiciary, A PROPOSITION to amend sections 2, 5 and 8 of article 3 of the constitution of the state of Kansas; relating to the selection and term of office of supreme court justices. HCR 5016, By Representative Fawcett, A CONCURRENT RESOLUTION urging the United States Congress to extend equal benefits for the treatment of Agent Orange exposure to Vietnam veterans who served outside of Vietnam.
House Resolutions
HR 6009, By Committee on Agriculture and Natural Resources, A RESOLUTION urging the U.S. Army Corps of Engineers to accept Life of the Project conservation easements.
Senate Bills
SB 174, AN ACT concerning certain veterans organizations; dealing with electronic gaming machines; amending K.S.A. 2010 Supp. 74-8702 and repealing the existing section, by Committee on Federal and State Affairs. SB 175, AN ACT concerning crimes, punishment and criminal procedure; relating to evidence; videotaping of felony interrogations, by Committee on Judiciary. SB 176, AN ACT concerning criminal procedure; relating to conditions of release and bond; considerations by court; amending K.S.A. 2010 Supp. 22-2802 and repealing the existing section, by Committee on Judiciary. SB 177, AN ACT concerning taxation; relating to periods of limitation for certain refunds and credits; amending K.S.A. 2010 Supp. 79-3609 and repealing the existing section, by Committee on Utilities. SB 178, AN ACT concerning surplus lines insurance; authorizing the commissioner to enter into agreements with other states involving surplus lines; pertaining to premium taxes on surplus lines insurance; amending K.S.A. 40-246c and 40-246e and K.S.A. 2010 Supp. 40-246b and repealing the existing sections, by Committee on Financial Institutions and Insurance. SB 179, AN ACT concerning the Kansas life and health insurance guaranty association act; amending K.S.A. 40-3009 and K.S.A. 2010 Supp. 40-3003, 40-3005 and 40-3008 and repealing the existing sections, by Committee on Financial Institutions and Insurance. SB 180, AN ACT concerning cities; relating to annexation; amending K.S.A. 12-519, 12-520b, 12-521, 12-531, 12-532 and 60-2301 and K.S.A. 2010 Supp. 25-432 and repealing the existing sections, by Committee on Local Government.
SB 181, AN ACT concerning immigration; relating to verification of work authorization, by Committee on Federal and State Affairs. SB 182, AN ACT concerning fire insurance premiums; relating to fire marshal fee fund, emergency medical services board operating fund and fire service training program fund; amending K.S.A. 2010 Supp. 75-1514 and repealing the existing section, by Committee on Ways and Means. SB 183, AN ACT concerning motor vehicles; relating to safety belts; amending K.S.A. 2010 Supp. 8-2503 and repealing the existing section, by Committee on Ways and Means. SB 184, AN ACT concerning adult care homes; relating to the minimum nursing care hours required of nursing facilities, by Committee on Ways and Means. SB 185, AN ACT concerning insurance; designating trust companies as trustees; amending K.S.A. 2010 Supp. 40-2a20 and repealing the existing section, by Committee on Ways and Means. SB 186, AN ACT concerning agriculture; relating to the pest control act; amending K.S.A. 2-2451 and repealing the existing section, by Committee on Agriculture. SB 187, AN ACT concerning water; relating to the Kansas water banking act; amending K.S.A. 2010 Supp. 82a-765 and 82a-767 and repealing the existing sections, by Committee on Natural Resources. SB 188, AN ACT concerning solid waste; relating to exemptions from permits; amending K.S.A. 65-3407c and repealing the existing section, by Committee on Natural Resources. SB 189, AN ACT concerning the Kansas bioscience authority; pertaining to the number of voting members; amending K.S.A. 2010 Supp. 74-99b04 and repealing the existing section, by Committee on Commerce. SB 190, AN ACT concerning utilities; relating to telecommunications and price regulation; amending K.S.A. 2010 Supp. 66-2005 and repealing the existing section, by Committee on Utilities. SB 191, AN ACT concerning water; relating to the water rights conservation program; amending K.S.A. 2010 Supp. 82a-718 and 82a-731 and repealing the existing sections, by Committee on Natural Resources. SB 192, AN ACT concerning the Kansas dental board; relating to licensure of registered dental practioners; amending K.S.A. 65-1421, 651424, 65-1441, 65-1449, 65-1460, 65-1462, 74-1404, 74-1405 and 74-1406 and K.S.A. 2010 Supp. 65-1431, 65-1434, 65-1436, 65-1447, 65-1469, 654915, 65-4921, 65-5912, 65-7304, 75-2935 and 75-6102 and repealing the existing sections, by Committee on Ways and Means. SB 193, AN ACT concerning sales taxation; relating to food sales tax refunds; information required in support of claim; amending K.S.A. 793637 and repealing the existing section, by Committee on Assessment and Taxation. SB 194, AN ACT concerning cities; relating to annexation; amending K.S.A. 60-2301 and repealing the existing section, by Committee on Agriculture. SB 195, AN ACT concerning the state board of healing arts; relating to the licensure of acupuncturists, by Committee on Public Health and Welfare. SB 196, AN ACT concerning taxation; relating to IMPACT program, withholding, requirements, limitations; income tax deductions, expensing of investment expenditures; income tax credits; sales tax exemptions; creating job creation program fund, administration, expenditures; amending K.S.A. 2010 Supp. 74-50,104, 74-50,106, 74-50,107, 74-50,109, 74-50,110, 74-50,111, 74-50,132, 79-32,160a, 79-32,206 and 79-3606 and repealing the existing sections; also repealing K.S.A. 2010 Supp. 7450,151 and 74-50,152, by Committee on Assessment and Taxation. SB 197, AN ACT concerning sales taxation; relating to rate; food and food ingredients; food sales tax refund; amending K.S.A. 2010 Supp. 793602, 79-3603 and 79-3635 and repealing the existing sections, by Committee on Assessment and Taxation. SB 198, AN ACT concerning economic development; creating rural opportunity zones; relating to income taxation, credit for certain taxpayers, amount and requirements; student loan repayment program, by Committee on Assessment and Taxation. SB 199, AN ACT concerning inmates in correctional facilities; relating to correctional inmates eligibility for medicaid, by Committee on Ways and Means. SB 200, AN ACT concerning waste; relating to litter control; requiring certain beverage containers to be redeemable, by Committee on Natural Resources. SB 201, AN ACT concerning bingo games; relating to the operation thereof and prizes awarded; amending K.S.A. 2010 Supp. 79-4701 and (continued)
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79-4706 and repealing the existing sections, by Committee on Federal and State Affairs. SB 202, AN ACT concerning school districts; relating to the purpose of state aid to school districts, by Committee on Federal and State Affairs. SB 203, AN ACT pertaining to the legislature; relating to the size thereof; amending K.S.A. 4-101 and repealing the existing section, by Committee on Ways and Means. SB 204, AN ACT concerning counties; relating to the establishment of a county consolidation commission, by Committee on Ways and Means. SB 205, AN ACT establishing the Kansas employment first initiative act and creating the Kansas employment first oversight commission, by Committee on Ways and Means. SB 206, AN ACT concerning surplus lines insurance; relating to the surplus lines insurance multi-state compliance compact, by Committee on Ways and Means. SB 207, AN ACT concerning counties; relating to acceptance of credit and debit cards, by Committee on Federal and State Affairs. SB 208, AN ACT concerning capital improvement budget estimates; relating to program and facilities plans for public safety agencies; amending K.S.A. 2010 Supp. 75-3717b and repealing the existing section, by Committee on Ways and Means. SB 209, AN ACT concerning the bioscience development and investment funds; relating to the centers of excellence and centers for innovation; creating funds; amending K.S.A. 2010 Supp. 74-99b34 and repealing the existing section, by Committee on Ways and Means. SB 210, AN ACT providing for assessments on providers of home and community-based services developmental disability waiver program; prescribing powers, duties and functions for the Kansas health policy authority; creating the quality based community assessment fund; providing for implementation and administration, by Committee on Ways and Means. SB 211, AN ACT concerning pharmacists; relating to dispensing prescriptions; amending K.S.A. 2010 Supp. 65-1637 and repealing the existing section, by Committee on Ways and Means.
Senate Resolutions
SR 1812, By Senator Schodorf, A RESOLUTION congratulating and commending the 2011 Horizon Award Program educators. SR 1813, By Senator Schodorf, A RESOLUTION congratulating and commending the Kansas recipient of the 2010 Milken Family Foundation Educator Award. SR 1814, By Senator Schodorf, A RESOLUTION congratulating and commending the 2010 Kansas National Board Certified Teachers. SR 1815, By Senators Morris, Emler and Hensley, A RESOLUTION relating to assignment of seats of the Senate.
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State of Kansas
State Employees Health Care Commission Kansas Health Policy Authority

Permanent Administrative Regulations Article 1.ELIGIBILITY REQUIREMENTS 108-1-1. Eligibility. (a) General definitions. (1) Active participant means any person enrolled in the health care benefits program who falls within one of the classes specified in subsection (b). (2) Child means any of the following: (A) A natural son or daughter of a primary participant; (B) a lawfully adopted son or daughter of a primary participant. The term lawfully adopted shall include those instances in which a primary participant has filed the petition for adoption with the court, has a placement agreement for adoption, or has been granted legal custody;
(C) a stepchild of a primary participant. However, if the natural or adoptive parent of the stepchild is divorced from the primary participant, the stepchild shall no longer qualify; (D) a child of whom the primary participant has legal custody; or (E) a grandchild, if at least one of the following conditions is met: (i) The primary participant has legal custody of the grandchild or has lawfully adopted the grandchild; (ii) the grandchild lives in the home of the primary participant and is the child of a covered eligible dependent child, and the primary participant provides more than 50 percent of the support for the grandchild; or (iii) the grandchild is the child of a covered eligible dependent child and is considered to reside with the primary participant even when the grandchild or eligible dependent child is temporarily absent due to special circumstances including education of the covered eligible dependent child, and the primary participant provides more than 50 percent of the support for the grandchild. (3) COBRA means the consolidated omnibus budget reconciliation act, public law 99-272, as amended. (4) Commission means the Kansas state employees health care commission. (5) Direct bill participant means any person enrolled in the health care benefits program pursuant to subsections (d), (e), and (h). (6) Eligible dependent child means any dependent child who meets one of the following criteria: (A) The child is under 26 years of age. (B) The child is aged 26 or older, has a permanent and total disability, and has continuously maintained group coverage as an eligible dependent child of the primary participant before attaining the age of 26. The child shall be chiefly dependent on the primary participant for support. (7) Health care benefits program means the state of Kansas health care benefits program established by the commission. (8) Permanent and total disability means that an individual is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment that can be expected to result in death or has lasted or can be expected to last for a continuous period of at least 12 months. An individual shall not be considered to have a permanent and total disability unless that person furnishes proof of the permanent and total disability in the form and manner, and at the times, that the health care benefits program may require. (9) Primary participant means any person enrolled in the health care benefits program as an active participant under subsection (b), a direct bill participant under subsection (d), or a COBRA participant. (b) Active participants. Subject to the provisions of subsection (c), the classes of persons eligible to participate as active participants in the health care benefits program shall be the following classes of persons: (1) Any elected official of the state; (2) any other officer or employee of a state agency who meets both of the following conditions:
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(A) Is working in one or more positions that together require at least 1,000 hours of work per year; and (B) is in a position that is not temporary. An employee who works under employment customs at any regents institution requiring less than a full calendar year of service shall not be considered temporary; (3) any person engaged in a postgraduate residency training program in medicine at the university of Kansas medical center or in a postgraduate residency or internship training program in veterinary medicine at Kansas state university, but not including student employees of a state institution of higher learning; (4) any person elected to a board position that requires less than 1,000 hours of work per year; (5) any person serving with the foster grandparent program; (6) any person participating under a phased retirement agreement outlined in K.S.A. 76-746, and amendments thereto; and (7) any other class of individuals approved by the Kansas state employees health care commission, within the limitations set out in K.S.A. 75-6501 et seq., and amendments thereto. (c) Waiting period. (1) Each person who is within a class listed in paragraph (b)(1), (b)(2), (b)(3), (b)(4), (b)(5), or (b)(7) shall become eligible for enrollment in the health care benefits program following completion of a 30-day waiting period beginning with the first day of work for the state of Kansas. Each person shall have 31 days after becoming eligible to elect coverage. (2) The waiting period established in paragraph (c)(1) shall not apply if all of the following conditions are met: (A) The person is returning to work for the state of Kansas or is transferring from a position that was eligible for coverage under K.A.R. 108-1-3 or K.A.R. 108-1-4. (B) Immediately before leaving the prior position, the person was enrolled in the health care benefits program. (C) The break in service between the prior position and the new position does not exceed the following time periods: (i) 30 or fewer calendar days; or (ii) 365 or fewer calendar days, if the person was laid off, as defined in K.S.A. 75-2948 and amendments thereto. (3) The waiting period established in paragraph (c)(1) shall not apply to any person who, on that persons first day of work for the state, is enrolled in the health care benefits program on any of the following bases: (A) As a direct bill participant; (B) under the continuation of benefits coverage provided under COBRA; or (C) as a dependent of a participant in the health care benefits program. (4) The waiting period established in paragraph (c)(1) may be waived if, within 30 days of the date of hire, the agency head or designee certifies in writing to the commission, or its designee, that the waiver is being sought for either of the following reasons: (A) The potential new employee is not entitled to continuation of health benefits under either COBRA or state continuation of coverage laws, K.S.A. 40-2209 and K.S.A.
40-3209 and amendments thereto, and is not covered by or eligible to be covered by another health insurance plan. (B) The potential new employee is required to have health insurance as a condition of obtaining a work visa for employment in the United States. (d) Classes of direct bill participants. Subject to the provisions of subsection (e), the classes of persons eligible to participate as members of the health care benefits program on a direct bill basis shall be the following: (1) Any former elected state official; (2) any retired state officer or employee who is eligible to receive retirement benefits under K.S.A. 74-4925, and amendments thereto, or retirement benefits administered by the Kansas public employees retirement system; (3) any totally disabled former state officer or employee who is receiving disability benefits administered by the Kansas public employees retirement system; (4) any surviving spouse or dependent of a qualifying participant in the health care benefits program; (5) any person who is in a class listed in paragraph (b)(1), (b)(2), (b)(3), (b)(4), or (b)(5) and who is lawfully on leave without pay; (6) any blind person licensed to operate a vending facility as defined in K.S.A. 75-3338, and amendments thereto; (7) any former state officer, as that term is defined in K.S.A. 74-4911f and amendments thereto, who elected not to be a member of the Kansas public employees retirement system as provided in K.S.A. 74-4911f and amendments thereto; and (8) any former state officer or employee who separated from state service when eligible to receive a retirement benefit but, in lieu of that, withdrew that individuals employee contributions from the retirement system. (e) Conditions for direct bill participants. Each person who is within a class listed in paragraph (d)(1), (d)(2), (d)(3), (d)(4), (d)(5), (d)(7), or (d)(8) shall be eligible to participate on a direct bill basis only if the conditions of both paragraphs (e)(1) and (e)(2) are met: (1) The person was covered by the health care benefits program on one of the following bases: (A) The person was covered as an active participant, as a COBRA participant, or as a spouse under paragraph (g)(1) immediately before the date that person ceased to be eligible for that type of coverage or the date the individual became newly eligible for a class listed in subsection (d). (B) The person is the surviving spouse or eligible dependent child of a person who was enrolled as an active participant or a direct bill participant when the plan participant died, and the surviving spouse or eligible dependent child was covered by the health care benefits program as a dependent pursuant to subsection (g) when the plan participant died. (2) The person completes an enrollment form requesting transfer to the direct bill program and submits the form to the health care benefits program. The form shall be submitted no more than 30 days after the person ceased to be eligible for coverage. (f) COBRA participants. Any individual with rights to extend coverage under COBRA may continue to partici(continued)
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pate in the health care benefits program, subject to the provisions of that federal law. (g) Eligible dependent participants. (1) Any person enrolled in the health care benefits program as a primary participant may enroll the following dependents, subject to the same conditions and limitations that apply to the primary participant: (A) The primary participants lawful wife or husband; and (B) any of the primary participants eligible dependent children. (2) An eligible dependent child who is enrolled by one primary participant shall not be eligible to be enrolled by another primary participant. (3) An individual who is eligible to enroll as a primary participant in the health care benefits program shall not be eligible to be enrolled under this subsection as a dependent in the health care benefits program. (4) The term dependent shall exclude any individual who is not a citizen or national of the United States, unless the individual is a resident of the United States or a country contiguous to the United States, is a member of a primary participants household, and resides with the primary participant for more than six months of the calendar year. The dependent shall be considered to reside with the primary participant even when the dependent is temporarily absent due to special circumstances, including illness, education, business, vacation, and military service. (h) Direct bill participants; continuous coverage provisions. (1) Except as otherwise provided in this subsection, each direct bill participant enrolled in the state health care benefits program on or after January 21, 2001, shall maintain continuous coverage in the program or shall lose eligibility to be in the state health care benefits program as a direct bill participant. (2) Any person who discontinued direct bill coverage in the state health care benefits program before January 21, 2001, and who is not a direct bill participant on that date may return one time to the state health care benefits program if the person meets the criteria specified in subsections (d) and (e) and if that person has not previously discontinued and returned to direct bill coverage before January 21, 2001. (Authorized by K.S.A. 2010 Supp. 756501 and K.S.A. 75-6510; implementing K.S.A. 2010 Supp. 75-6501; effective, T-85-22, July 16, 1984; effective May 1, 1985; amended, T-88-64, Dec. 30, 1987; amended, T-89-12, May 1, 1988; amended, T-108-9-12-88, Sept. 12, 1988; amended Oct. 31, 1988; amended May 9, 1997; amended Jan. 21, 2001; amended Aug. 27, 2004; amended June 17, 2005; amended Jan. 6, 2006; amended July 16, 2010; amended, T-108-8-16-10, Aug. 16, 2010; amended March 11, 2011.) 108-1-3. School district employee health care benefits plan. (a) Definitions. (1) Active participant means any school district employee who is enrolled in the school district plan under subsection (b). (2) Child means any of the following: (A) A natural son or daughter of a primary participant;
(B) a lawfully adopted son or daughter of a primary participant. The term lawfully adopted shall include those instances in which a primary participant has filed the petition for adoption with the court, has a placement agreement for adoption, or has been granted legal custody; (C) a stepchild of a primary participant. However, if the natural or adoptive parent of the stepchild is divorced from the primary participant, the stepchild shall no longer qualify; (D) a child of whom the primary participant has legal custody; or (E) a grandchild, if at least one of the following conditions is met: (i) The primary participant has legal custody of the grandchild or has lawfully adopted the grandchild; (ii) the grandchild lives in the home of the primary participant and is the child of a covered eligible dependent child, and the primary participant provides more than 50 percent of the support for the grandchild; or (iii) the grandchild is the child of a covered eligible dependent child and is considered to reside with the primary participant even when the grandchild or eligible dependent child is temporarily absent due to special circumstances including education of the covered eligible dependent child, and the primary participant provides more than 50 percent of the support for the grandchild. (3) COBRA means the consolidated omnibus budget reconciliation act, public law 99-272, as amended. (4) Commission means the Kansas state employees health care commission. (5) Direct bill participant means any person enrolled in the school district plan pursuant to subsections (d), (e), and (h). (6) Eligible dependent child means any dependent child who meets one of the following criteria: (A) The child is under 26 years of age. (B) The child is aged 26 or older, has a permanent and total disability, and has continuously maintained group coverage as an eligible dependent child of the primary participant before attaining the age of 26. The child shall be chiefly dependent on the primary participant for support. (7) Health care benefits program means the state of Kansas health care benefits program established by the commission. (8) Permanent and total disability means that an individual is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment that can be expected to result in death or has lasted or can be expected to last for a continuous period of at least 12 months. An individual shall not be considered to have a permanent and total disability unless that person furnishes proof of the permanent and total disability in the form and manner, and at the times, that the health care benefits program may require. (9) Primary participant means any person enrolled in the school district plan as an active participant under subsection (b), a direct bill participant under subsection (d), or a COBRA participant. (10) Qualified school district means a public school district, community college, area vocational technical
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school, or technical college that meets the terms, conditions, limitations, exclusions, and other provisions established by the commission for participation in the school district employee health care benefits component of the health care benefits program and has entered into a written agreement with the commission to participate in the program. (11) School district employee means any individual who is employed by a qualified school district and who meets the definition of employee under K.S.A. 74-4932(4), and amendments thereto, except that the following employees shall be employed in a position that requires at least 1,000 hours of work per year: (A) Employees of community colleges; and (B) employees of area vocational technical schools and technical colleges that are not governed by a unified school district. For purposes of this definition, a technical college shall be a participating employer under K.S.A. 74-4931, and amendments thereto, in accordance with K.S.A. 72-4471, and amendments thereto. (12) School district plan means the school district employee health care benefits component of the health care benefits program. (b) Active participants. Subject to the provisions of subsection (c), each school district employee shall be eligible to participate as an active participant in the school district plan. Eligibility and participation shall be subject to terms, conditions, limitations, exclusions, and other provisions established by the commission, including the amount and method of payment for employee and employer contributions. (c) Waiting periods. (1) Each school district employee whose first day of work for a qualified school district is on or after the first day on which the employees qualified school district participates in the school district plan shall become eligible for coverage following completion of a 30-day waiting period beginning with the first day of work for the qualified school district. Each school district employee shall have 31 days after becoming eligible to elect coverage. (2) The waiting period established in paragraph (c)(1) shall not apply if all of the following conditions are met: (A) The person is returning to work for the qualified school district, transferring from another qualified school district, or transferring from a position that is eligible for coverage under K.A.R. 108-1-1 or K.A.R. 108-1-4. (B) Immediately before leaving the prior position, the person was enrolled in the health care benefits program. (C) The break in service between the prior position and the new position does not exceed the following time periods: (i) 30 or fewer calendar days; or (ii) 365 or fewer calendar days, if the person was laid off in accordance with the practices of the qualified school district. (3) The waiting period established in paragraph (c)(1) shall not apply to any person who, on that persons first day of work for the qualified school district, is enrolled in the health care benefits program on any of the following bases: (A) As a direct bill participant;
(B) under the continuation of benefits coverage provided under COBRA; or (C) as a dependent of a participant in the health care benefits program. (4) The waiting period established in paragraph (c)(1) may be waived if, within 30 days of the date of hire, the chief administrative officer of the qualified school district, or the chief administrative officers designee, certifies in writing to the commission, or its designee, that the waiver is being sought for either of the following reasons: (A) The new school district employee is not entitled to continuation of health benefits under COBRA or state continuation of coverage laws, K.S.A. 40-2209 and K.S.A. 40-3209 and amendments thereto, and is not covered by or eligible to be covered by another health insurance plan. (B) The new employee is required to have health insurance as a condition of obtaining a work visa for employment in the United States. (5) Each school district employee who is employed by the qualified school district immediately before the first day on which the employees qualified school district participates in the school district plan shall be subject to transitional provisions established by the commission regarding waiting periods and the effective date on which the employee becomes eligible to participate in the school district plan. (d) Classes of direct bill participants. Subject to the provisions of subsection (e), the classes of persons eligible to participate as members of the school district plan on a direct bill basis shall be the following: (1) Any retired school district employee who is eligible to receive retirement benefits; (2) any totally disabled former school district employee who is receiving benefits under K.S.A. 74-4927, and amendments thereto; (3) any surviving spouse or dependent of a qualifying participant in the school district plan; (4) any person who is a school district employee and who is on approved leave without pay in accordance with the practices of the qualified school district; and (5) any individual who was covered by the health care plan offered by the qualified school district on the day immediately before the first day on which the qualified school district participates in the school district plan, except that no individual who is an employee of the qualified school district and who does not meet the definition of school district employee in subsection (a) shall be qualified as a direct bill participant under this paragraph. (e) Conditions for direct bill participants. Each person who is within a class listed in subsection (d) shall be eligible to participate on a direct bill basis only if the person meets both of the following conditions: (1) The person was covered by the school district plan or the health care insurance plan offered by the qualified school district on one of the following bases: (A) Immediately before the date the person ceased to be eligible for coverage, or for any person identified in paragraph (d)(5), immediately before the first day on which the qualified school district participates in the school district plan, the person either was covered as an active participant under subsection (b) or was covered by
(continued)
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the health care insurance plan offered by the employees qualified school district. (B) The person is a surviving spouse or dependent of a plan participant who was enrolled as an active participant or a direct bill participant when the plan participant died, and the person was covered by the health care benefits program as a dependent under subsection (g) when the plan participant died. (C) The person is a surviving spouse or dependent of a plan participant who was enrolled under the health care insurance plan offered by the participants qualified school district when the participant died, and the person has maintained continuous coverage under the qualified school districts health care insurance plan before joining the health care benefits program. (2) The person completes an enrollment form requesting transfer to the direct bill program and submits the form to the health care benefits program. The form shall be submitted no more than 30 days after the person ceased to be eligible for coverage, or in the case of any individual identified in paragraph (d)(5), no more than 30 days after the first day on which the qualified school district participates in the school district plan. (f) COBRA participants. Any individual with rights to extend coverage under COBRA may participate in the school district plan, subject to the provisions of that federal law. (g) Eligible dependent participants. (1) Any person enrolled in the school district plan as a primary participant may enroll the following dependents, subject to the same conditions and limitations that apply to the primary participant: (A) The primary participants lawful wife or husband; and (B) any of the primary participants eligible dependent children. (2) An eligible dependent child who is enrolled by one primary participant shall not be eligible to be enrolled by another primary participant. (3) An individual who is eligible to enroll as a primary participant in the health care benefits program shall not be eligible to be enrolled under this subsection as a dependent in the health care benefits program. (4) The term dependent shall exclude any individual who is not a citizen or national of the United States, unless the individual is a resident of the United States or a country contiguous to the United States, is a member of a primary participants household, and resides with the primary participant for more than six months of the calendar year. The dependent shall be considered to reside with the primary participant even when the dependent is temporarily absent due to special circumstances, including illness, education, business, vacation, and military service. (h) Direct bill participants; continuous coverage provisions. (1) Except as otherwise provided in this subsection, each direct bill participant enrolled in the health care benefits program on or after January 21, 2001 shall maintain continuous coverage in the program or shall lose eligibility to be in the health care benefits program as a direct bill participant.
(2) Any person who discontinued direct bill coverage in the health care benefits program before January 21, 2001 and who was not a direct bill participant on that date may return one time to the health care benefits program if the person meets the criteria specified in subsections (d) and (e) and if that person has not previously discontinued and returned to direct bill coverage before January 21, 2001. (Authorized by K.S.A. 2010 Supp. 756501 and K.S.A. 75-6510; implementing K.S.A. 2010 Supp. 75-6501 and K.S.A. 75-6508; effective, T-108-9-13-99, Sept. 13, 1999; effective Feb. 4, 2000; amended July 16, 2010; amended, T-108-8-16-10, Aug. 16, 2010; amended March 11, 2011.) 108-1-4. Local unit of government employee health care benefits plan. (a) Definitions. (1) Active participant means any local unit employee who is enrolled in the local unit plan under subsection (b). (2) Child means any of the following: (A) A natural son or daughter of a primary participant; (B) a lawfully adopted son or daughter of a primary participant. The term lawfully adopted shall include those instances in which a primary participant has filed the petition for adoption with the court, has a placement agreement for adoption, or has been granted legal custody; (C) a stepchild of a primary participant. However, if the natural or adoptive parent of the stepchild is divorced from the primary participant, the stepchild shall no longer qualify; (D) a child of whom the primary participant has legal custody; or (E) a grandchild, if at least one of the following conditions is met: (i) The primary participant has legal custody of the grandchild or has lawfully adopted the grandchild; (ii) the grandchild lives in the home of the primary participant and is the child of a covered eligible dependent child, and the primary participant provides more than 50 percent of the support for the grandchild; or (iii) the grandchild is the child of a covered eligible dependent child and is considered to reside with the primary participant even when the grandchild or eligible dependent child is temporarily absent due to special circumstances including education of the covered eligible dependent child, and the primary participant provides more than 50 percent of the support for the grandchild. (3) COBRA means the consolidated omnibus budget reconciliation act, public law 99-272, as amended. (4) Commission means the Kansas state employees health care commission. (5) Direct bill participant means any person enrolled in the local unit plan pursuant to subsections (d), (e), and (h). (6) Eligible dependent child means any dependent child who meets one of the following criteria: (A) The child is under 26 years of age. (B) The child is aged 26 or older, has a permanent and total disability, and has continuously maintained group coverage as an eligible dependent child of the primary participant before attaining the age of 26. The child shall
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be chiefly dependent on the primary participant for support. (7) Health care benefits program means the state of Kansas health care benefits program established by the commission. (8) Local unit means any of the following: (A) Any county, township, or city; (B) any community mental health center; (C) any groundwater management district, rural water-supply district, or public wholesale water-supply district; (D) any county extension council or extension district; (E) any hospital established, maintained, and operated by a city of the first or second class, a county, or a hospital district in accordance with applicable law; (F)(i) Any city, county, or township public library created under the authority of K.S.A. 12-1215 et seq., and amendments thereto; (ii) any regional library created under the authority of K.S.A. 12-1231, and amendments thereto; (iii) any library district created under the authority of K.S.A. 12-1236, and amendments thereto; (iv) the Topeka and Shawnee county library district established under the authority of K.S.A. 12-1260 et seq., and amendments thereto; (v) the Leavenworth and Leavenworth county library district established under the authority of K.S.A. 12-1270, and amendments thereto; (vi) any public library established by a unified school district under the authority of K.S.A. 72-1623, and amendments thereto; or (vii) any regional system of cooperating libraries established under the authority of K.S.A. 75-2547 et seq., and amendments thereto; (G) any housing authority created pursuant to K.S.A. 17-2337 et seq., and amendments thereto; (H) any local environmental protection program obtaining funds from the state water fund in accordance with K.S.A. 75-5657, and amendments thereto; (I) any city-county, county, or multicounty health board or department established pursuant to K.S.A. 65204 and 65-205, and amendments thereto; (J) any nonprofit independent living agency, as defined in K.S.A. 65-5101 and amendments thereto; (K) the Kansas guardianship program established pursuant to K.S.A. 74-9601 et seq., and amendments thereto; or (L) any group of persons on the payroll of a county, township, city, special district or other local governmental entity, public school district, licensed child care facility operated by a not-for-profit corporation providing residential group foster care for children and receiving reimbursement for all or part of this care from the department of social and rehabilitation services, nonprofit community mental health center pursuant to K.S.A. 19-4001 et seq. and amendments thereto, nonprofit community facility for the mentally retarded pursuant to K.S.A. 19-4001 et seq. and amendments thereto, or nonprofit independent living agency as defined in K.S.A. 655101 and amendments thereto. (9) Local unit employee means any individual who meets one or more of the following criteria:
(A) The individual is an appointed or elective officer or employee of a qualified local unit whose employment is not seasonal or temporary and whose employment requires at least 1,000 hours of work per year. (B) The individual is an appointed or elective officer or employee who is employed concurrently by two or more qualified local units in positions that involve similar or related tasks and whose combined employment by the qualified local units is not seasonal or temporary and requires at least 1,000 hours of work per year. (C) The individual is a member of a board of county commissioners of a county that is a qualified local unit, and the compensation paid for service on the board equals or exceeds $5,000 per year. (D) The individual is a council member or commissioner of a city that is a qualified local unit, and the compensation paid for service as a council member or commissioner equals or exceeds $5,000 per year. (10) Local unit plan means the local unit employee health care benefits component of the health care benefits program. (11) Permanent and total disability means that an individual is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment that can be expected to result in death or has lasted or can be expected to last for a continuous period of at least 12 months. An individual shall not be considered to have a permanent and total disability unless that person furnishes proof of the permanent and total disability in the form and manner, and at the times, that the health care benefits program may require. (12) Primary participant means any person enrolled in the local unit plan as an active participant under subsection (b), a direct bill participant under subsection (d), or a COBRA participant. (13) Qualified local unit means a local unit that meets the terms, conditions, limitations, exclusions, and other provisions established by the commission for participation in the local unit employee health care benefits component of the health care benefits program and that has entered into a written agreement with the commission to participate in the program. (b) Active participants. Subject to the provisions of subsection (c), each local unit employee shall be eligible to participate as an active participant in the local unit plan. Eligibility and participation shall be subject to terms, conditions, limitations, exclusions, and other provisions established by the commission, including the amount and method of payment for employee and employer contributions. (c) Waiting periods. (1) Each local unit employee whose first day of work for a qualified local unit is on or after the first day on which the employees qualified local unit participates in the local unit plan shall become eligible for coverage following completion of a 30-day waiting period beginning with the first day of work for the qualified local unit. Each local unit employee shall have 31 days after becoming eligible to elect coverage. (2) The waiting period established in paragraph (c)(1) shall not apply if all of the following conditions are met:
(continued)
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(A) The person is returning to work for the qualified local unit, is transferring from another qualified local unit under this regulation, or is transferring from a position that is eligible for coverage under K.A.R. 108-1-1 or K.A.R. 108-1-3. (B) Immediately before leaving the prior position, the person was enrolled in the health care benefits program provided by the state of Kansas under K.A.R. 108-1-1, the school district plan under K.A.R. 108-1-3, or the qualified local unit plan under K.A.R. 108-1-4. (C) The break in service between the prior position and the new position does not exceed the following time periods: (i) 30 or fewer calendar days; or (ii) 365 or fewer calendar days, if the person was laid off in accordance with the practices of the prior qualified local unit. (3) The waiting period established in paragraph (c)(1) shall not apply to any person who, on that persons first day of work for the qualified local unit, is enrolled in the local unit plan, the school district plan under K.A.R. 1081-3, or the health care benefits plan under K.A.R. 108-1-1 on any of the following bases: (A) As a direct bill participant; (B) under the continuation of benefits coverage provided under COBRA; or (C) as a dependent of a participant in the health care benefits program. (4) The waiting period established in paragraph (c)(1) may be waived if, within 30 days of the date of hire, the chief administrative officer of the qualified local unit, or the chief administrative officers designee, certifies in writing to the commission, or its designee, that the waiver is being sought for either of the following reasons: (A) The new local unit employee is not entitled to continuation of health benefits under either COBRA or state continuation of coverage laws, K.S.A. 40-2209 and K.S.A. 40-3209 and amendments thereto, and is not covered by or eligible to be covered by another health insurance plan. (B) The new employee is required to have health insurance as a condition of obtaining a work visa for employment in the United States. (5) Each local unit employee who is employed by the qualified local unit immediately before the first day on which the qualified local unit participates in the local unit plan shall be subject to transitional provisions established by the commission regarding waiting periods and the effective date on which the employee becomes eligible to participate in the local unit plan. (d) Classes of direct bill participants. Subject to the provisions of subsection (e), the classes of persons eligible to participate as members of the local unit plan on a direct bill basis shall be the following: (1) Any retired local unit employee who meets one of the following conditions: (A) The employee is eligible to receive retirement benefits under the Kansas public employees retirement system or the Kansas police and firemens retirement system; or (B) if the qualified local unit is not a participating employer under either the Kansas public employees retirement system or the Kansas police and firemens retire Kansas Secretary of State 2011
ment system, the employee is eligible to receive retirement benefits under the retirement plan provided by the qualified local unit; (2) any totally disabled former local unit employee who meets one of the following conditions: (A) The employee is receiving benefits under the Kansas public employees retirement system or the Kansas police and firemens retirement system; or (B) if the qualified local unit is not a participating employer under either the Kansas public employees retirement system or the Kansas police and firemens retirement system, the employee is receiving disability benefits under the retirement or disability plan provided by the qualified local unit; (3) any surviving spouse or dependent of a qualifying participant in the local unit plan; (4) any person who is a local unit employee and who is on approved leave without pay in accordance with the practices of the qualified local unit; and (5) any individual who was covered by the health care plan offered by the qualified local unit on the day immediately before the first day on which the qualified local unit participates in the local unit plan, except that no individual who is an employee of the qualified local unit and who does not meet the definition of local unit employee in subsection (a) shall be qualified as a direct bill participant under this paragraph. (e) Conditions for direct bill participants. Each person who is within a class listed in subsection (d) shall be eligible to participate on a direct bill basis only if the person meets both of the following conditions: (1) The person was covered by the local unit plan or the health care insurance plan offered by the qualified local unit on one of the following bases: (A) Immediately before the date the person ceased to be eligible for coverage or, for any person identified in paragraph (d)(5), immediately before the first day on which the qualified local unit participates in the local unit plan, the person either was covered as an active participant under subsection (b) or was covered by the health care insurance plan offered by the employees qualified local unit. (B) The person is a surviving spouse or dependent of a plan participant who was enrolled as an active participant or a direct bill participant when the plan participant died, and the person was covered by the health care benefits program as a dependent under subsection (g) when the plan participant died. (C) The person is a surviving spouse or dependent of a plan participant who was enrolled in the health care insurance plan offered by the participants qualified local unit when the participant died, and the person has maintained continuous coverage under the local units health care insurance plan before joining the health care benefits program. (2) The person completes an enrollment form requesting transfer to the direct bill program and submits the form to the health care benefits program. The form shall be submitted no more than 30 days after the person ceased to be eligible for coverage or, in the case of any individual identified in paragraph (d)(5), no more than
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30 days after the first day on which the qualified local unit participates in the local unit plan. (f) COBRA participants. Any individual with rights to extend coverage under COBRA may participate in the local unit plan, subject to the provisions of that federal law. (g) Eligible dependent participants. (1) Any person enrolled in the local unit plan under subsection (b), (d), or (f) as a primary participant may enroll the following dependents, subject to the same conditions and limitations that apply to the primary participant: (A) The primary participants lawful wife or husband; and (B) any of the primary participants eligible dependent children. (2) An eligible dependent child who is enrolled by one primary participant shall not be eligible to be enrolled by another primary participant in the health care benefits program. (3) An individual who is eligible to enroll as a primary participant in the health care benefits program shall not be eligible to be enrolled under this subsection as a dependent in the health care benefits program. (4) The term dependent shall exclude any individual who is not a citizen or national of the United States, unless the individual is a resident of the United States or a country contiguous to the United States, is a member of a primary participants household, and resides with the primary participant for more than six months of the calendar
AGENCY 1: DEPARTMENT OF ADMINISTRATION Reg. No. 1-2-64 1-2-65 1-7-3 1-7-4 1-7-6 1-7-7 1-7-10 1-7-11 1-7-12 1-14-8 1-16-8 1-16-15 1-16-18 1-16-18a 1-16-20 1-65-1 1-66-1 1-66-2 1-66-3 1-67-1 1-67-2 1-67-3 Action New New Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended New New New New New New New Register V. 28, p. 1338 V. 28, p. 1338 V. 28, p. 1338 V. 28, p. 1338 V. 28, p. 1339 V. 28, p. 1339 V. 28, p. 1339 V. 28, p. 1340 V. 28, p. 1340 V. 28, p. 1341 V. 29, p. 676 V. 29, p. 677 V. 29, p. 677 V. 29, p. 678 V. 29, p. 680 V. 30, p. 44 V. 30, p. 44 V. 30, p. 45 V. 30, p. 45 V. 30, p. 45 V. 30, p. 45 V. 30, p. 45 1-68-1 1-68-2 Reg. No. 3-3-2 3-3-2 3-4-1 3-4-2 3-4-4 3-4-5 3-4-6 3-4-7 New New Action Amended (T) Amended Amended Amended Amended Amended Revoked Amended
year. The dependent shall be considered to reside with the primary participant even when the dependent is temporarily absent due to special circumstances, including illness, education, business, vacation, and military service. (h) Direct bill participants; continuous coverage provisions. (1) Except as otherwise provided in this subsection, each direct bill participant enrolled in the health care benefits program shall maintain continuous coverage in the program or shall lose eligibility to be in the health care benefits program as a direct bill participant. (2) Any person who discontinued direct bill coverage in the health care benefits program before January 21, 2001 and was not a direct bill participant on that date may return one time to the health care benefits program if the person meets the criteria specified in subsections (d) and (e) and if that person has not previously discontinued and returned to direct bill coverage before January 21, 2001. (Authorized by K.S.A. 2010 Supp. 75-6501 and K.S.A. 756510; implementing K.S.A. 2010 Supp. 75-6501 and K.S.A. 75-6508; effective Aug. 30, 2002; amended March 28, 2003; amended Jan. 9, 2004; amended June 18, 2004; amended March 10, 2006; amended July 17, 2009; amended July 16, 2010; amended, T-108-8-16-10, Aug. 16, 2010; amended March 11, 2011.) Dennis Taylor, HCC Chair Secretary of Administration
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V. 30, p. 45 V. 30, p. 46 Register V. 29, p. 702 V. 30, p. 9 V. 28, p. 1716 V. 28, p. 1716 V. 28, p. 1716 V. 28, p. 1717 V. 28, p. 1717 V. 28, p. 1717
AGENCY 4: DEPARTMENT OF AGRICULTURE Reg. No. 4-3-47 4-6-1 4-6-2 4-7-213 4-7-716 4-10-1 4-10-1a 4-10-1b 4-10-2a through 4-10-2d 4-10-2e 4-10-2f through 4-10-2k 4-10-4 4-10-4a through 4-10-4f 4-10-5a 4-10-6 4-10-6a 4-10-6b 4-10-7 Action Amended (T) Amended Amended Amended Amended Amended New New Revoked Amended Revoked Revoked New Amended Revoked New New Amended Register V. 30, p. 25 V. 28, p. 1594 V. 28, p. 1594 V. 29, p. 1023 V. 29, p. 1023 V. 29, p. 254 V. 29, p. 255 V. 29, p. 255 V. 29, p. 255 V. 29, p. 255 V. 29, p. 256 V. 29, p. 256 V. 29, p. 256-258 V. 29, p. 258 V. 29, p. 259 V. 29, p. 259 V. 29, p. 259 V. 29, p. 259
4-10-10 4-10-15 4-10-16 4-10-17 4-13-2 4-13-3 4-13-9 4-13-14 4-13-16 4-13-17 4-13-18 4-13-20 4-13-21 4-13-22 4-13-23 4-13-24 4-13-25 4-13-25b through 4-13-25h 4-13-25i 4-13-25j 4-13-25k 4-13-25l 4-13-25m 4-13-30 4-13-33 4-13-62 4-15-5 4-27-1 through 4-27-22 4-28-1 4-28-2 4-28-8 4-28-11 4-28-12 4-28-18 through 4-28-30
New Revoked Amended Revoked Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked Amended Amended Amended Amended Revoked Amended Amended Amended New Amended Amended Amended Amended New Amended Amended Amended Amended Amended New
V. 29, p. 260 V. 29, p. 260 V. 29, p. 260 V. 29, p. 261 V. 29, p. 69 V. 29, p. 69 V. 29, p. 71 V. 29, p. 71 V. 29, p. 71 V. 29, p. 72 V. 29, p. 72 V. 29, p. 72 V. 29, p. 72 V. 29, p. 72 V. 29, p. 72 V. 29, p. 72 V. 29, p. 1242 V. 29, p. 1243-1245 V. 29, p. 1246 V. 29, p. 1246 V. 29, p. 1246 V. 29, p. 1247 V. 29, p. 1247 V. 29, p. 72 V. 29, p. 73 V. 29, p. 73 V. 28, p. 690 V. 29, p. 706-720 V. 29, p. 720 V. 29, p. 720 V. 29, p. 721 V. 29, p. 722 V. 29, p. 722 V. 29, p. 723-725
(continued)
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AGENCY 5: DEPARTMENT OF AGRICULTUREDIVISION OF WATER RESOURCES Reg. No. 5-1-4 5-1-9 5-3-4a 5-3-23 5-3-23 5-4-1 5-4-1a 5-7-1 5-7-4 5-14-3 5-14-3a 5-17-2 5-20-1 5-20-2 5-22-7 5-25-5 5-25-15 Reg. No. 7-16-1 7-16-1 7-41-1 through 7-41-7 7-41-8 7-41-9 7-41-10 through 7-41-17 7-41-18 through 7-41-29 7-41-30 7-41-31 7-41-32 7-41-33 7-41-34 7-41-35 Reg. No. 9-7-4 9-7-4 9-27-1 Action Amended Amended Amended Amended (T) Amended Amended New Amended Amended Amended New Amended New New Amended Amended Amended Action Amended (T) Amended Amended Revoked Revoked Amended Revoked Amended Revoked Amended Amended New New Action Amended (T) Amended Amended Register V. 29, p. 652 V. 29, p. 653 V. 28, p. 241 V. 29, p. 1338 V. 29, p. 1598 V. 29, p. 1476 V. 29, p. 1477 V. 29, p. 653 V. 28, p. 1715 V. 28, p. 241 V. 28, p. 242 V. 29, p. 654 V. 28, p. 1317 V. 28, p. 1318 V. 29, p. 596 V. 29, p. 1598 V. 29, p. 654 Register V. 29, p. 1115 V. 29, p. 1281 V. 28, p. 193-195 V. 28, p. 195 V. 28, p. 195 V. 28, p. 195, 196 V. 28, p. 196 V. 28, p. 196 V. 28, p. 196 V. 28, p. 196 V. 28, p. 197 V. 28, p. 197 V. 28, p. 197 Register V. 29, p. 703 V. 29, p. 1336 V. 29, p. 1337 14-21-21 14-21-22 14-23-2 14-23-5 14-23-8 14-23-10 14-24-1 through 14-24-6
Kansas Register
New New Amended Amended Amended Amended Revoked Action V. 29, p. 1313 V. 29, p. 1313 V. 29, p. 1314 V. 29, p. 1314 V. 29, p. 1314 V. 29, p. 1315 V. 29, p. 1315 Register Reg. No. 28-1-27 28-4-92 28-4-92 28-4-370 through 28-4-379 28-4-503 28-4-505 28-4-514 28-4-520 28-4-521 28-4-1200 through 28-4-1218 28-4-1300 through 28-4-1318 28-16-28g 28-17-6 28-17-12 28-19-200a 28-19-202 28-19-325 28-19-350 28-19-517 28-19-712 28-19-712a through 28-19-712d 28-19-713 28-19-713a through 28-19-713d 28-19-720 28-19-728 28-19-728a through 28-19-728f 28-19-735 28-19-750 28-19-750a 28-21-1 28-21-6 28-21-7 28-21-8 28-21-9 28-21-10 28-21-11 28-21-20a 28-21-21a 28-21-22a 28-21-23a 28-21-24a 28-21-25a 28-21-26a 28-21-27a 28-21-28a 28-21-29a 28-21-30a 28-21-31a 28-21-32a 28-21-33a 28-21-34a 28-21-35a 28-21-40a 28-21-41a 28-21-42a 28-21-43a 28-21-44a 28-21-50a 28-21-51a 28-21-52a 28-21-53a 28-21-54a 28-21-55a 28-21-56a 28-21-57a 28-21-58a 28-21-59a 28-21-60a 28-21-61a
AGENCY 28: DEPARTMENT OF HEALTH AND ENVIRONMENT Action New Amended (T) Amended Revoked Amended Amended Amended New New New New Amended Amended Amended New Amended New Amended Amended New New New New Amended Revoked Revoked Amended Amended Amended Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Register V. 30, p. 111 V. 29, p. 1348 V. 29, p. 1705 V. 29, p. 1024 V. 29, p. 1662 V. 29, p. 1662 V. 29, p. 1663 V. 29, p. 1663 V. 29, p. 1663 V. 28, p. 1426-1437 V. 29, p. 1024-1032 V. 29, p. 181 V. 28, p. 1809 V. 28, p. 1809 V. 29, p. 1634 V. 29, p. 1509 V. 29, p. 1634 V. 29, p. 1635 V. 29, p. 1510 V. 29, p. 866 V. 29, p. 867 V. 29, p. 867 V. 29, p. 867, 868 V. 29, p. 1510 V. 29, p. 1511 V. 29, p. 1511 V. 29, p. 1511 V. 29, p. 1511 V. 29, p. 1511 V. 29, p. 725 V. 29, p. 725 V. 29, p. 725 V. 29, p. 725 V. 29, p. 725 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726
AGENCY 16: KANSAS ATTORNEY GENERAL Reg. No. 16-11-1 through 16-11-5 16-11-6 16-11-7 16-11-8
V. 29, p. 1813-1815 V. 29, p. 1816 V. 29, p. 1816 V. 29, p. 1816
AGENCY 17: OFFICE OF THE STATE BANK COMMISSIONER Reg. No. 17-24-2 17-24-3 17-24-4 17-24-5 17-24-6 Action Amended Amended Amended New New Register V. 28, p. 1371 V. 28, p. 1371 V. 28, p. 1371 V. 28, p. 1373 V. 28, p. 1373
AGENCY 19: GOVERNMENTAL ETHICS COMMISSION Reg. No. 19-6-1 19-22-1 19-23-1 19-30-4 Reg. No. 22-1-1 22-1-2 22-1-3 22-8-13 22-10-3 22-11-6 22-11-8 22-15-7 22-18-3 22-24-3 Reg. No. 26-39-100 through 26-39-105 26-39-100 26-39-101 26-39-105 26-39-144 26-39-243 26-39-278 26-39-427 26-40-301 through 26-40-305 26-41-101 through 26-41-106 26-41-200 through 26-41-207 26-42-101 26-42-102 26-42-104 26-42-105 26-42-200 through 26-42-207 26-43-101 through 26-43-106 26-43-200 through 26-43-207 Action Amended Amended Amended Revoked Action Amended Amended Amended Amended Amended Revoked Amended Revoked Amended Amended Action Register V. 29, p. 112 V. 30, p. 92 V. 30, p. 92 V. 30, p. 92 Register V. 30, p. 46 V. 30, p. 46 V. 30, p. 46 V. 30, p. 47 V. 30, p. 47 V. 30, p. 48 V. 30, p. 48 V. 30, p. 49 V. 30, p. 49 V. 28, p. 1367 Register
AGENCY 14: DEPARTMENT OF REVENUE DIVISION OF ALCOHOLIC BEVERAGE CONTROL Reg. No. 14-6-2a 14-6-3 14-6-4 14-11-1 14-11-4 14-11-5 14-11-6 14-11-7 14-11-9 14-11-10a 14-11-10b 14-11-10d 14-11-11 14-11-14 14-11-15 14-11-16 14-11-22 14-11-23 through 14-11-29 14-11-27 14-16-25 14-19-27 14-19-38 14-19-39 14-20-29 14-20-40 14-20-41 14-21-12 Action Revoked Revoked Amended New New Amended Amended Amended Amended Revoked Revoked Revoked Revoked Revoked Amended Amended New New Revoked New Amended New New Amended New New Amended Register V. 29, p. 1306 V. 29, p. 1306 V. 29, p. 1306 V. 29, p. 1307 V. 29, p. 1307 V. 29, p. 1307 V. 29, p. 1307 V. 29, p. 1307 V. 29, p. 1307 V. 29, p. 1307 V. 29, p. 1308 V. 29, p. 1308 V. 29, p. 1633 V. 29, p. 1308 V. 29, p. 1308 V. 29, p. 1308 V. 29, p. 1633 V. 29, P. 1308-1310 V. 29, p. 1730 V. 29, p. 1310 V. 29, p. 1310 V. 29, p. 1311 V. 29, p. 1311 V. 29, p. 1311 V. 29, p. 1312 V. 29, p. 1312 V. 29, p. 1313
Vol. 30, No. 8, February 24, 2011
28-21-62a 28-21-63 28-21-64 28-21-70a 28-21-71a 28-21-72a 28-21-82 through 28-21-85 28-23-4 28-23-9 28-23-10 28-23-20 through 28-23-24 28-23-26 through 28-23-32 28-23-34 through 28-23-36 28-23-41 through 28-23-55 28-23-70 28-23-71 28-23-73 28-23-75 28-23-78 through 28-23-80 28-29-501 28-36-30 28-36-31 28-36-70 through 28-36-89 28-36-101 through 28-36-109 28-39-145a 28-39-146 28-39-147 28-39-148 28-39-162 28-39-162a 28-39-162b 28-39-162c 28-39-164 through 28-39-168 28-39-240 through 28-39-253 28-39-275 through 28-39-288 28-39-425 through 28-39-436 28-43-1 through 28-43-11 28-45b-1 through 28-45b-28 28-46-1 28-46-2a 28-46-3 through 28-46-22 28-46-27 28-46-28 28-46-29 28-46-29a 28-46-30 28-46-30a 28-46-30b 28-46-31 28-46-33 28-46-34 28-46-35 28-46-40 28-46-41 28-46-44 Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked New Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Amended Revoked Revoked Revoked Revoked New Amended Amended Amended Amended Amended Amended New Amended New New Amended Amended Amended Amended Amended Amended Amended V. V. V. V. V. V. V. V. V. V. 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, p. p. p. p. p. p. p. p. p. p. 726 726 726 726 726 726 726 726 726 726
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28-46-45 28-53-1 through 28-53-5 28-61-1 28-61-2 28-61-5 28-61-8 28-70-4 28-72-1 28-72-1a 28-72-1c 28-72-1d 28-72-1e 28-72-1g 28-72-1h 28-72-1i 28-72-1k 28-72-1l 28-72-1m 28-72-1n 28-72-1o 28-72-1p 28-72-1r 28-72-1s 28-72-1t 28-72-1v 28-72-1x 28-72-2 28-72-3 28-72-4 28-72-4a 28-72-4b 28-72-4c 28-72-5 28-72-6 28-72-6a 28-72-7 28-72-7a 28-72-8 28-72-9 28-72-10 28-72-10a 28-72-11 28-72-12 28-72-13 28-72-14 28-72-15 28-72-16 28-72-17 28-72-18 28-72-18a 28-72-18b 28-72-18c 28-72-18d 28-72-18e 28-72-19 28-72-20 28-72-21 28-72-22 28-72-51 28-72-52 28-72-53 28-73-1 New Amended Amended Amended Amended Amended New Revoked New New New New New New New New New New New New New New New New New New Amended Amended Amended Amended Revoked Amended Amended Amended New Amended New Amended Amended Amended New Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended V. 29, p. 1145 V. 28, p. 240, 241 V. 29, p. 419 V. 29, p. 419 V. 29, p. 420 V. 29, p. 422 V. 28, p. 800 V. 29, p. 357 V. 29, p. 357 V. 29, p. 357 V. 29, p. 358 V. 29, p. 358 V. 29, p. 358 V. 29, p. 358 V. 29, p. 359 V. 29, p. 359 V. 29, p. 359 V. 29, p. 360 V. 29, p. 360 V. 29, p. 360 V. 29, p. 360 V. 29, p. 361 V. 29, p. 361 V. 29, p. 361 V. 29, p. 361 V. 29, p. 361 V. 29, p. 361 V. 29, p. 362 V. 29, p. 362 V. 29, p. 366 V. 29, p. 368 V. 29, p. 368 V. 29, p. 369 V. 29, p. 370 V. 29, p. 371 V. 29, p. 373 V. 29, p. 373 V. 29, p. 374 V. 29, p. 375 V. 29, p. 376 V. 29, p. 377 V. 29, p. 378 V. 29, p. 378 V. 29, p. 379 V. 29, p. 379 V. 29, p. 380 V. 29, p. 380 V. 29, p. 381 V. 29, p. 382 V. 29, p. 383 V. 29, p. 384 V. 29, p. 384 V. 29, p. 385 V. 29, p. 386 V. 29, p. 387 V. 29, p. 387 V. 29, p. 387 V. 29, p. 388 V. 29, p. 388 V. 29, p. 389 V. 29, p. 389 V. 28, p. 74 36-39-6 36-39-6 36-42-1 through 36-42-9 Amended (T) Amended New
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V. 29, p. 1091 V. 29, p. 1416 V. 29, p. 502-504
V. 29, p. 727 V. 28, p. 1809 V. 29, p. 727 V. 29, p. 727 V. 29, p. 727 V. 29, p. 727 V. 28, p. 623 V. 28, p. 623 V. 28, p. 623 V. 28, p. 623 V. 29, p. 1777 V. 29, p. 1777 V. 29, p. 1777 V. 29, p. 1777 V. 28, p. 798-800 V. 28, p. 672 V. 28, p. 672 V. 28, p. 672 V. 29, p. 1137 V. 28, p. 973-988 V. 29, p. 1138 V. 29, p. 1138 V. 29, p. 1139-1141 V. 29, p. 1141 V. 29, p. 1141 V. 29, p. 1141 V. 29, p. 1142 V. 29, p. 1142 V. 29, p. 1142 V. 29, p. 1144 V. 29, p. 1144 V. 29, p. 1144 V. 29, p. 1145 V. 29, p. 1145 V. 29, p. 1145 V. 29, p. 1145 V. 29, p. 1145
New
V. 29, p. 675, 676
AGENCY 51: DEPARTMENT OF LABOR DIVISION OF WORKERS COMPENSATION Reg. No. 51-9-7 Reg. No. 60-2-105 60-2-106 60-9-105 60-9-107 60-11-101 through 60-11-105 60-11-107 60-13-103 60-13-104 60-15-101 60-15-102 60-15-104 60-16-105 Action Amended Action Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked Register V. 29, p. 1508 Register V. 28, p. 197 V. 28, p. 197 V. 28, p. 197 V. 28, p. 198 V. 28, p. 1252-1254 V. 28, p. 1254 V. 28, p. 200 V. 28, p. 200 V. 28, p. 200 V. 28, p. 201 V. 28, p. 202 V. 29, p. 1115
AGENCY 30: SOCIAL AND REHABILITATION SERVICES Reg. No. 30-4-90 30-5-118a 30-45-20 30-46-10 30-46-17 30-63-10 30-63-11 30-63-12 Action Amended Revoked New Amended Amended Amended Amended Amended Register V. 28, p. 916 V. 29, p. 293 V. 28, p. 966 V. 28, p. 966 V. 28, p. 967 V. 28, p. 1806 V. 28, p. 1807 V. 28, p. 1807
AGENCY 36: DEPARTMENT OF TRANSPORTATION Reg. No. 36-39-2 36-39-2 36-39-4 36-39-4 Action Amended (T) Amended Amended (T) Amended Register V. 29, p. 1090 V. 29, p. 1416 V. 29, p. 1091 V. 29, p. 1416
(continued)
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Kansas Register
74-5-301 74-5-302 74-5-401 74-5-403 74-5-405a 74-5-406 74-6-2 74-7-4 74-11-6 74-11-7 74-12-1 74-15-2 Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked V. 28, p. 647 V. 28, p. 647 V. 28, p. 647 V. 28, p. 647 V. 28, p. 647 V. 28, p. 647 V. 29, p. 1640 V. 28, p. 648 V. 29, p. 1640 V. 29, p. 1640 V. 29, p. 1641 V. 29, p. 1641 82-4-54 82-4-55 82-4-56a 82-4-57 82-4-58 82-4-62 82-4-63 82-4-65 82-4-77 82-11-4 82-11-10 82-14-1 through 82-14-5 82-14-6 82-16-1 through 82-16-6 82-17-1 through 82-17-5
Amended Amended Amended Amended Amended Revoked Amended Amended Amended Amended Amended Amended New New New V. 29, p. 1452 V. 29, p. 1452 V. 29, p. 1452 V. 29, p. 1453 V. 29, p. 1453 V. 29, p. 1453 V. 29, p. 1453 V. 29, p. 1453 V. 29, p. 1454 V. 28, p. 917 V. 28, p. 922 V. 28, p. 967-971 V. 28, p. 972 V. 29, p. 1598-1601 V. 29, p. 1136, 1137
AGENCY 67: BOARD OF EXAMINERS IN THE FITTING AND DISPENSING OF HEARING INSTRUMENTS Reg. No. 67-3-5 Reg. No. 68-1-1b 68-1-1h 68-1-3a 68-2-20 68-2-22 68-7-11 68-7-14 68-7-21 68-16-3 68-19-1 68-20-10a 68-20-16 68-20-23 68-21-1 through 68-21-7 Reg. No. 69-3-8 69-11-1 Reg. No. 71-5-1 through 71-5-6 71-5-7 through 71-5-13 71-11-1 Reg. No. 74-4-7 74-4-8 74-4-9 74-5-2 74-5-2a 74-5-101 74-5-102 74-5-103 74-5-201 74-5-202 74-5-203 Action New Action Amended New Amended Amended Amended Amended Amended New Amended New Amended Amended New New Action Amended (T) Amended Action Register V. 28, p. 1187 Register V. 29, p. 465 V. 28, p. 1491 V. 28, p. 1491 V. 28, p. 1765 V. 28, p. 1491 V. 29, p. 1053 V. 28, p. 1492 V. 29, p. 465 V. 28, p. 342 V. 28, p. 342 V. 29, p. 466 V. 28, p. 1561 V. 28, p. 192 V. 29, p. 1417-1420 Register V. 28, p. 923 V. 28, p. 298 Register
AGENCY 82: STATE CORPORATION COMMISSION Reg. No. 82-1-219 82-3-101a 82-3-311a 82-3-1100 through 82-3-1120 82-4-2 82-4-3a through 82-4-3d 82-4-3a 82-4-3d 82-4-3e 82-4-3f through 82-4-3m 82-4-3f 82-4-3n 82-4-3o 82-4-6a 82-4-8h 82-4-20 82-4-21 82-4-22 82-4-23 82-4-24a 82-4-26 82-4-26a 82-4-27 82-4-27a 82-4-27c 82-4-27e 82-4-28 82-4-28a 82-4-28b 82-4-30a 82-4-30a 82-4-31 82-4-32 82-4-33 82-4-35 82-4-35a 82-4-37 82-4-40 82-4-42 82-4-48 82-4-48a 82-4-53 Action Amended New New New Amended Amended Amended Amended Revoked Amended Amended New New Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked Revoked Revoked Amended (T) Amended Revoked Amended Amended Amended Amended Revoked Amended Amended Amended Amended Amended Register V. 29, p. 1099 V. 29, p. 1508 V. 29, p. 181 V. 29, p. 182-190 V. 29, p. 1443 V. 28, p. 1373-1385 V. 29, p. 1443 V. 29, p. 1444 V. 28, p. 1386 V. 28, p. 1386-1397 V. 29, p. 1390 V. 29, p. 1444 V. 29, p. 1445 V. 29, p. 1446 V. 29, p. 1446 V. 28, p. 1397 V. 29, p. 1446 V. 29, p. 1446 V. 29, p. 1447 V. 29, p. 1447 V. 29, p. 1447 V. 29, p. 1447 V. 29, p. 1447 V. 29, p. 1448 V. 29, p. 1448 V. 29, p. 1449 V. 29, p. 1449 V. 29, p. 1449 V. 29, p. 1449 V. 29, p. 702 V. 29, p. 1392 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1451 V. 29, p. 1451 V. 29, p. 1451
AGENCY 91: DEPARTMENT OF EDUCATION Reg. No. Action Register 91-1-200 Amended V. 28, p. 1222 91-1-202 Amended V. 28, p. 1223 91-1-203 Amended V. 28, p. 1225 91-1-204 Amended V. 28, p. 1229 91-1-205 Amended V. 28, p. 1232 91-1-216 Amended V. 28, p. 1233 91-40-1 Amended V. 29, p. 1093 91-40-27 Amended V. 29, p. 1098 AGENCY 92: DEPARTMENT OF REVENUE Reg. No. Action Register 92-12-145 Amended V. 28, p. 604 92-24-23 Amended V. 29, p. 1633 92-26-1 Amended V. 28, p. 170 92-26-4 Amended V. 28, p. 170 92-28-1 through 92-28-4 New V. 28, p. 113 92-51-25a New V. 29, p. 1281 AGENCY 94: COURT OF TAX APPEALS Reg. No. Action Register 94-2-1 through 94-2-21 Revoked V. 29, p. 1478, 1479 94-5-1 through 94-5-25 New V. 29, p. 1479-1485
Revoked New New Action Amended Amended Amended Amended New Amended Amended Amended Amended Amended Amended
V. 29, p. 1593 V. 29, p. 1593-1597 V. 28, p. 1187 Register V. 28, p. 643 V. 29, p. 1636 V. 29, p. 1638 V. 29, p. 1638 V. 28, p. 646 V. 29, p. 1639 V. 28, p. 646 V. 28, p. 646 V. 28, p. 646 V. 29, p. 1639 V. 29, p. 1639
Vol. 30, No. 8, February 24, 2011
Kansas Register
177
2006 through 2007 can be found in the Vol. 26, No. 52, December 27, 2007 Kansas Register. A list of regulations filed from 2008 through November 2009 can be found in the Vol. 28, No. 53, December 31, 2009 Kansas Register. The following regulations were filed after December 1, 2009: Reg. No. 111-2-30 111-2-232 111-2-233 111-2-234 111-2-235 through 111-2-240 111-2-241 111-2-242 111-2-243 through 111-2-248 111-4-2899 through 111-4-2907 111-4-2908 through 111-4-2911 111-4-2911a 111-4-2912 through 111-4-2923 111-4-2924 through 111-4-2930 111-4-2931 through 111-4-2938 111-4-2939 through 111-4-2948 111-4-2949 through 111-4-2984 111-4-2949 through 111-4-2984 111-4-2985 through 111-4-2988 111-4-2989 111-4-2990 111-4-2991 111-4-2992 through 111-4-3011 111-4-3012 through 111-4-3022 111-5-175 through 111-5-179 111-5-180 through 111-5-194 111-5-181 111-5-184 111-5-186 111-5-194 111-9-162 111-9-163 111-9-164 111-9-165 111-9-166 111-9-167 111-9-168 111-9-169 111-201-1 through 111-201-17 111-301-1 through 111-301-6 111-302-1 through 111-302-6 Action Amended Amended Amended New New New New New New New New New New New New New New New New New New New New New New Amended Amended Amended Amended New New New New New New New New New New New Register V. V. V. V. 29, 29, 29, 29, p. p. p. p. 215 215 215 746
V. 29, p. 1214, 1215 V. 29, p. 1247 V. 29, p. 1247 V. 29, p. 1512, 1513 V. 29, p. 9-14 V. 29, p. 149-152 V. 29, p. 152 V. 29, p. 153-157 V. 29, p. 216-222 V. 29, p. 467-473 V. 29, p. 569-575 V. 29, p. 746-769 V. 29, p. 746-769 V. 29, p. 1180-1183 V. 29, p. 1216 V. 29, p. 1217 V. 29, p. 1218 V. 29, p. 1248-1259 V. 29, p. 1513-1522 V. 29, p. 157-159 V. 29, p. 222-228 V. 29, p. 1522 V. 29, p. 1523 V. 29, p. 1524 V. 29, p. 1525 V. 29, p. 229 V. 29, p. 229 V. 29, p. 230 V. 29, p. 769 V. 29, p. 1184 V. 29, p. 1526 V. 29, p. 1526 V. 29, p. 1527 V. 29, p. 73-79 V. 29, p. 79, 80 V. 29, p. 82-86
AGENCY 109: BOARD OF EMERGENCY MEDICAL SERVICES Reg. No. 109-1-1a 109-2-9 109-3-1 109-5-1 109-5-1a 109-5-1b 109-5-1d 109-5-1e 109-5-1f 109-5-2 109-5-3 109-5-4 109-5-6 109-5-7a 109-5-7b 109-5-7d 109-6-1 109-6-2 109-6-3 109-8-1 109-10-1a 109-10-1b 109-10-1d 109-10-1e 109-10-1f 109-10-1g 109-10-6 109-10-7 109-11-1 109-11-1a 109-11-3 109-11-3a 109-11-4 109-11-6 109-11-6a 109-15-1 109-15-2 Reg. No. 110-4-1 through 110-4-5 Action New (T) Amended Amended Amended (T) New (T) New (T) New (T) New (T) New (T) Amended Amended Revoked New New (T) New (T) New (T) Amended Amended Revoked Amended (T) New (T) New (T) New (T) New (T) New (T) New (T) Amended (T) New Amended New (T) Amended New (T) Amended Amended New (T) New Amended Action Register V. 30, p. 138 V. 28, p. 1030 V. 28, p. 1030 V. 30, p. 138 V. 30, p. 139 V. 30, p. 139 V. 30, p. 139 V. 30, p. 139 V. 30, p. 139 V. 28, p. 574 V. 29, p. 1282 V. 29, p. 113 V. 28, p. 575 V. 30, p. 139 V. 30, p. 140 V. 30, p. 141 V. 29, p. 113 V. 29, p. 113 V. 28, p. 575 V. 30, p. 141 V. 30, p. 141 V. 30, p. 142 V. 30, p. 142 V. 30, p. 142 V. 30, p. 142 V. 30, p. 142 V. 30, p. 143 V. 29, p. 113 V. 29, p. 1283 V. 30, p. 143 V. 29, p. 1284 V. 30, p. 144 V. 29, p. 1284 V. 29, p. 1285 V. 30, p. 144 V. 28, p. 575 V. 29, p. 1285 Register
AGENCY 99: DEPARTMENT OF AGRICULTUREDIVISION OF WEIGHTS AND MEASURES Reg. No. 99-25-1 99-25-5 99-25-12 99-26-1 Reg. No. 100-11-1 100-28a-1 100-28a-2 100-28a-10 100-29-1 100-29-3a 100-29-16 100-49-4 100-54-1 100-54-8 100-55-1 100-55-7 100-55-9 100-69-10 100-69-12 100-72-1 100-72-2 100-72-7 100-73-1 100-73-1 100-73-2 Action Amended Amended New Amended Action Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended New Amended Amended Amended Amended (T) Amended Amended Register V. 29, p. 1242 V. 29, p. 1242 V. 29, p. 1242 V. 28, p. 522 Register V. 29, p. 650 V. 28, p. 112 V. 28, p. 1736 V. 28, p. 572 V. 29, p. 598 V. 28, p. 1737 V. 28, p. 1060 V. 29, p. 651 V. 28, p. 1594 V. 28, p. 1595 V. 29, p. 704 V. 29, p. 651 V. 28, p. 572 V. 28, p. 572 V. 29, p. 704 V. 28, p. 112 V. 29, p. 705 V. 28, p. 273 V. 28, p. 923 V. 28, p. 1282 V. 29, p. 598
AGENCY 102: BEHAVIORAL SCIENCES REGULATORY BOARD Reg. No. 102-1-8a 102-1-13 102-1-13 102-2-3 102-2-8 102-2-11a 102-2-12 102-3-9b 102-4-9b 102-5-9a 102-6-9a Action New Amended (T) Amended Amended Amended New Amended New New New New Register V. 28, p. 114 V. 28, p. 1101 V. 28, p. 1426 V. 29, p. 340 V. 28, p. 114 V. 28, p. 116 V. 28, p. 116 V. 28, p. 117 V. 28, p. 117 V. 28, p. 118 V. 28, p. 118
Amended
V. 30, p. 25-27
AGENCY 111: KANSAS LOTTERY A complete index listing all regulations filed by the Kansas Lottery from 1988 through 2000 can be found in the Vol. 19, No. 52, December 28, 2000 Kansas Register. A list of regulations filed from 2001 through 2003 can be found in the Vol. 22, No. 52, December 25, 2003 Kansas Register. A list of regulations filed from 2004 through 2005 can be found in the Vol. 24, No. 52, December 29, 2005 Kansas Register. A list of regulations filed from
(continued)
Vol. 30, No. 8, February 24, 2011
178
111-303-1 through 111-303-5 111-304-1 through 111-304-6 111-305-1 through 111-305-6 111-306-1 through 111-306-6 111-306-4 111-306-6 111-307-1 through 111-307-7 111-308-1 through 111-308-7 111-309-1 through 111-309-6 111-310-1 through 111-310-6 111-311-1 through 111-311-7
Kansas Register
New New New New Amended Amended New New New New New V. 29, p. 87-89 V. 29, p. 89-91 V. 29, p. 474, 475 V. 29, p. 1185-1187 V. 29, p.1260 V. 29, p. 1219 V. 29, p. 1189-1191 V. 29, p. 1261-1263 V. 29, p. 1528-1530 V. 29, p. 1530-1532 V. 29, p. 1532-1535 112-107-34 112-108-1 through 112-108-57 112-110-1 through 112-110-13 112-111-1 through 112-111-5 112-113-1 112-114-1 through 112-114-6 112-114-8 through 112-114-12 112-114-14 New New New New New New New New V. 28, p. 441 V. 28, p. 1766-1788 V. 28, p. 464-470 V. 28, 470-472 V. 28, p. 382 V. 28, p. 472 V. 28, p. 472, 473 V. 28, p. 473 117-5-2a 117-6-1 117-6-3 117-7-1 117-8-1 117-10-1
Amended Amended Amended Amended Amended New V. 28, p. 375 V. 29, p. 656 V. 29, p. 656 V. 30, p. 92 V. 29, p. 418 V. 28, p. 375
AGENCY 121: DEPARTMENT OF CREDIT UNIONS Reg. No. 121-9-1 121-10-1 121-11-1 121-11-2 121-12-1 Action Amended Amended New New New Register V. V. V. V. V. 28, 29, 28, 28, 28, p. p. p. p. p. 457 675 457 457 459
AGENCY 115: DEPARTMENT OF WILDLIFE AND PARKS Reg. No. 115-2-1 115-2-3 115-2-3a 115-4-2 115-4-4 115-4-4a 115-4-6 115-4-11 115-5-1 115-5-2 115-6-1 115-7-1 115-7-3 115-7-8 115-7-9 115-7-10 115-8-1 115-8-6 115-15-1 115-15-2 115-18-7 115-18-20 115-20-7 Action Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked Amended New Amended Amended Amended Amended Amended Amended New Register V. 29, p. 1602 V. 29, p. 1603 V. 29, p. 1603 V. 29, p. 408 V. 29, p. 658 V. 29, p. 659 V. 29, p. 409 V. 29, p. 67 V. 28, p. 1250 V. 28, p. 1251 V. 28, p. 1251 V. 29, p. 1606 V. 28, p. 1599 V. 29, p. 1607 V. 29, p. 1607 V. 28, p. 1600 V. 29, p. 1092 V. 28, p. 1600 V. 28, p. 1079 V. 28, p. 1080 V. 29, p. 659 V. 29, p. 1608 V. 29, p. 659
AGENCY 112: RACING AND GAMING COMMISSION Reg. No. 112-12-15 112-13-6 112-101-1 through 112-101-16 112-102-1 through 112-102-13 112-103-1 through 112-103-12 112-103-15 112-103-16 112-104-34 through 112-104-41 112-107-1 112-107-2 112-107-3 112-107-5 112-107-6 112-107-7 112-107-9 112-107-10 112-107-11 112-107-13 through 112-107-32 Action New New New New New New New New New New New New New New New New New New Register V. 28, p. 797 V. 28, p. 376 V. 28, p. 376-379 V. 28, p. 1161-1163 V. 28, p. 376-382 V. 28, p. 382 V. 28, p. 382 V. 28, p. 1457-1459 V. 28, p. 424 V. 28, p. 424 V. 28, p. 424 V. 28, p. 428 V. 28, p. 428 V. 28, p. 428 V. 28, p. 429 V. 28, p. 429 V. 28, p. 430 V. 28, p. 430-440
AGENCY 129: KANSAS HEALTH POLICY AUTHORITY Reg. No. 129-5-78 129-5-118 129-5-118a 129-5-118b 129-10-31 Action Amended Amended New Amended New Register V. 28, p. 1464 V. 29, p. 293 V. 29, p. 294 V. 29, p. 296 V. 30, p. 92
AGENCY 117: REAL ESTATE APPRAISAL BOARD Reg. No. 117-1-1 117-2-1 117-2-2 117-2-2a 117-3-1 117-3-2 117-3-2a 117-4-1 117-4-2 117-4-2a 117-5-2 Action Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Register V. V. V. V. V. V. V. V. V. V. V. 28, 29, 29, 28, 29, 29, 28, 29, 29, 28, 28, p. p. p. p. p. p. p. p. p. p. p. 373 412 413 373 414 415 373 416 417 374 374
Vol. 30, No. 8, February 24, 2011
Kansas Register
Vol. 30, No. 9 March 3, 2011 Pages 181-220
In this issue . . .
Page
Kansas Commission on Veterans Affairs Notice of meeting ....................................................................................................................... 183 Kansas Housing Resources Corporation Notice of Annual Performance Report on the Kansas Consolidated Plan ....................................... 183 Kansas Judicial Council Notice of meetings...................................................................................................................... 183 Kansas State Fair Board Notice of meeting ....................................................................................................................... 183 Department of Wildlife and Parks Public notice............................................................................................................................... 183 Kansas Insurance Department Notice of change in pharmacy network........................................................................................ 183 Notice of hearing on proposed administrative regulations ............................................................ 184 Kansas Department of Agriculture Notice of hearing on proposed administrative regulations ............................................................ 184 City of Overland Park Notice to bidders ........................................................................................................................ 185 State Employees Health Care Commission Notice of meeting ....................................................................................................................... 186 Kansas State University Notice of intent to lease land....................................................................................................... 186 City of Hutchinson Notice of proposed DBE Program................................................................................................ 186 Secretary of State Code mortgage rate for March .................................................................................................... 186 Usury rate for March .................................................................................................................. 186 Department of AdministrationDivision of Purchases Notice to bidders for state purchases ........................................................................................... 186 Kansas Board of Regents Universities Notice to bidders ........................................................................................................................ 187 Notice of Bond Sale City of Abilene ........................................................................................................................... 187 U.S.D. 265, Sedgwick County (Goddard)...................................................................................... 188 Legislative bills and resolutions introduced February 17-23............................................................ 189 Pooled Money Investment Board Notice of investment rates........................................................................................................... 190 (continued on next page)
182
Kansas Register
In this issue
Department of Health and Environment Notice concerning water pollution control permits/applications .................................................... 190 Request for comments on proposed air quality permit.................................................................. 191 Kansas Development Finance Authority Notice of hearing on proposed revenue bonds ............................................................................. 192 Permanent Administrative Regulations Kansas Insurance Department ..................................................................................................... 193 Board of Regents ........................................................................................................................ 193 Committee on Surety Bonds and Insurance (by Kansas Insurance Department) ............................. 195 Department of Health and Environment ...................................................................................... 195 Index to administrative regulations ................................................................................................ 213
Vol. 30, No. 9, March 3, 2011
Meetings/Notices
State of Kansas
Kansas Register
State of Kansas
183

Notice of Meeting The Kansas Commission on Veterans Affairs will meet at 10 a.m. Wednesday, March 16, in the Senate Room of the Jayhawk Tower, 700 S.W. Jackson, Topeka. The public is invited to attend. For more information, call (785) 2963976. Jack Fowler Executive Director
Doc. No. 039182
State Fair Board

Notice of Meeting The Kansas State Fair Board will meet at 10:30 a.m. Tuesday, March 8, in Hutchinson. For more information, contact Denny Stoecklein at (620) 669-3600 or denny@ kansasstatefair.com. Tom R. Tunnell President
Doc. No. 039163
State of Kansas
State of Kansas

Public Notice The Kansas Department of Wildlife and Parks has reached an agreement for the purchase of a tract of land in Shawnee County. The parcel consist of 1.75 acres and is located in the Southeast Quarter of Section 29, Township 11 South, Range 15 East of the Sixth P.M., Shawnee County, Kansas. The appraised value is $64,000, and the purchase price is $64,000. This tract is adjacent to and shall become part of the Kansas Department of Wildlife and Parks Region 2 Office. Robin L Jennison Secretary of Wildlife and Parks
Doc. No. 039183

Notice of Annual Performance Report on the Kansas Consolidated Plan The Kansas Housing Resources Corporation will publish a preliminary draft of the Annual Performance Report on the Kansas Consolidated Plan for community and housing development for program year 2010. The Annual Performance Report on the 2010 Kansas Consolidated Plan will be available for public review and comment until March 18. The Annual Performance Report is available online at www.kshousingcorp.org. Limited hard copies of the Annual Performance Report are available through the Kansas Housing Resources Corporation, 611 S. Kansas Ave., Suite 300, Topeka, 66603, (785) 296-5865, fax (785) 296-8985, or e-mail: info@kshousingcorp.org. Dennis L. Mesa Executive Director
Doc. No. 039180
State of Kansas

Notice of Change in Pharmacy Network Pursuant to K.S.A. 40-2,153, the Kansas Commissioner of Insurance is publishing notice that a change has occurred in a pharmacy network in the state of Kansas. Aetna U.S. Healthcare Pharmacy Network has notified the Insurance Department of the following additions to its pharmacy network:
Name Graves Drug Graves Drugs Richeys Rexall Drug City Winfield Arkansas City Erie Effective 10/12/2010 10/12/2010 10/30/2010
State of Kansas

Date March 11 March 16 March 18 March 18 April 15 April 15 April 15 Committee Time Commission on 9:30 a.m. Judicial Performance Supreme Court Rules 9:30 a.m. Lien Law Sub-Committee Pattern Instructions for Kansas-Criminal Lien Law Sub-Committee Pattern Instructions for Kansas-Criminal Probate Law 9:30 a.m. 9:30 a.m. 9:30 a.m. 9:30 a.m. 9:30 a.m. Location Suite 140-West Fatzer Courtroom Suite 140-West COA Courtroom Suite 140-East COA Courtroom Suite 140-West
In addition, Aetna U.S. Healthcare Pharmacy Network has notified the department of the following terminations from its pharmacy network:
Name CVS Pharmacy #8561 Graves Drug Graves Drug Store #10 Kramer Pharmacy Maschino Drug Minneola Pharmacy Inc. Richeys Rexall Drug City Lenexa Arkansas City Winfield Ottawa Pleasanton Minneola Erie Effective 12/1/2010 12/1/2010 12/1/2010 12/31/2010 12/1/2010 12/31/2010 12/31/2010
Any questions should be directed to the Kansas Insurance Department at (785) 296-3071. Sandy Praeger Kansas Insurance Commissioner
Doc. No. 039168
Hon. Lawton R Nuss Chairman

Doc. No. 039164
Vol. 30, No. 9, March 3, 2011
184
State of Kansas
Kansas Register
Hearings
A public hearing will be conducted at 10 a.m. Wednesday, May 4, in the fourth floor training room of the Kansas Department of Agriculture, 109 S.W. 9th, Topeka, to consider the adoption of proposed agricultural chemical regulations. This 60-day notice of the public hearing shall constitute a public comment period for the purpose of receiving written public comments on the proposed rules and regulations. All interested parties may submit written comments prior to the hearing to the Secretary of Agriculture, 109 S.W. 9th, 4th Floor, Topeka, 66612, or by e-mail at leslie.garner@kda.ks.gov. Comments also may be made through the departments Web site, http://www.ksda. gov, under the proposed regulation. All interested parties will be given a reasonable opportunity to present their views orally on the adoption of the proposed regulations during the hearing. In order to give all parties an opportunity to present their views, it may be necessary to request that each participant limit any oral presentation to five minutes. These regulations are proposed for adoption on a permanent basis. A summary of the proposed regulations and their economic impact follows: K.A.R. 4-1-2 removes definitions of certain words that were not used in the regulations and adds definitions of other words as necessary. K.A.R. 4-1-5 is modified for clarity. K.A.R. 4-1-6 is revoked because it is substantively incorporated into K.A.R 4-1-5. K.A.R. 4-1-8 is revoked because it is substantively incorporated into K.A.R. 4-1-5. K.A.R. 4-1-9 is modified for clarity. K.A.R. 4-1-9a is a new regulation that addresses procedures for registration of special local need products (FIFRA Section 24(c)), as authorized in K.S.A. 2-2214(b). K.A.R. 4-1-9b is a new regulation that addresses exemption from product registration for emergency situations (FIFRA Section 18), as authorized in K.S.A. 22214(b). K.A.R. 4-1-11 is revoked because it is substantively incorporated in the act and K.A.R. 4-1-2. K.A.R. 4-1-13 is modified for clarity. K.A.R. 4-1-14 is modified for clarity. K.A.R. 4-1-17 is modified to reflect the $150 product registration fee in K.S.A. 2009 Supp. 2-2204. Economic Impact Statement: The changes are expected to have a neutral economic impact on the Kansas Department of Agriculture, other governmental agencies, private businesses and individuals. Any individual with a disability may request accommodation in order to participate in the public hearing and may request the proposed regulations and impact statements in an accessible format. Requests for accommodation should be made at least five working days in advance of the hearing by contacting Leslie Garner at (785) 2964623 or fax (785) 368-6668. Handicapped parking is lo Kansas Secretary of State 2011
cated at the southwest corner of 9th and Kansas Ave., and the north entrance to the building is accessible to individuals with disabilities. Copies of the regulations and their economic impact statements may be obtained by contacting Leslie Garner at the contact information above or by accessing the departments Web site at http://www.ksda.gov. Dale A. Rodman Secretary of Agriculture
Doc. No. 039167
State of Kansas

Notice of Hearing on Proposed Administrative Regulations A public hearing will be conducted at 1:30 p.m. Wednesday, May 4, in the third floor conference room, Kansas Insurance Department, 420 S.W. 9th, Topeka, to consider the adoption of a proposed rule and regulation. The 60-day notice of the public hearing shall constitute a public comment period for the purpose of receiving written public comments on the proposed rule and regulation. All interested parties may submit written comments prior to the hearing to John Wine, Kansas Insurance Department, 420 S.W. 9th, Topeka, 66612-1678, via facsimile at (785) 291-3673, or via e-mail at jwine@ ksinsurance.org. All interested parties will be given a reasonable opportunity to present their views orally on the adoption of the proposed regulation during the hearing. A summary of the proposed regulation and its economic impact follows: K.A.R. 40-1-22. Insurance policies and certificates; change of name or merger of an insurance company; assumption of risk endorsements; requirements. This regulation clarifies that assumption of risk endorsements must be attached to certificates of insurance as well as to insurance policies. Because this amendment attempts to clarify rather than change any requirements, there should be no economic impact. There will be little or no economic impact on the Kansas Insurance Department, consumers, small businesses or other governmental agencies. Any individual with a disability may request accommodation in order to participate in the public hearing and may request the proposed regulation and the economic impact statement in an accessible format. Requests for accommodation should be made at least five working days in advance of the hearing by contacting John Wine at (785) 296-7847 or via e-mail at jwine@ksinsurance.org. Any individual desiring a copy of this regulation and/or the policy and procedure that is being adopted by reference, if applicable, may obtain a copy from the departments Web site at www.ksinsurance.org (under the Legal Issues link) or by contacting John Wine. The charge for copies is 50 cents per page. Sandy Praeger Kansas Insurance Commissioner
Doc. No. 039165
Vol. 30, No. 9, March 3, 2011
Notice
(Published in the Kansas Register March 3, 2011.)
Kansas Register
Notice to Bidders
185
Sealed bids for I-435 Eastbound On-Ramp and Metcalf Avenue, Overland Park Project No. ST-1275, KDOT Project No. 46 N-0507-01, Federal No. HSIP-N050 (701), will be received by the city of Overland Park, Kansas, at the office of the city clerk, City Hall, 8500 Santa Fe Drive, Overland Park, 66212, until 2 p.m. April 5, 2011. At that time all sealed bids will be transferred to the City Council Chamber, City Hall, where they will be publicly opened and read aloud. Any bid received after the designated closing time will be returned unopened. All bids shall be submitted in sealed envelopes addressed to the city clerk of Overland Park and marked BID FOR: I-435 Eastbound On-Ramp and Metcalf Avenue. Copies of plans, specifications, bid documents and other contract documents are on file at the office of the city of Overland Park, Public Works Department, located at 8500 Santa Fe Drive, Overland Park, 66212, (913) 8956040. Contractors desiring the contract documents for use in preparing bids may obtain a set of such documents from the city of Overland Park upon payment $50, which amount is not refundable. Neither the city nor the consultant shall be responsible for the accuracy, completeness or sufficiency of any bid documents obtained from any source other than the source indicated above. Obtaining copies of plans, specifications, bid documents and other contract documents from any other source(s) may result in obtaining incomplete and inaccurate information. Obtaining these documents from any source other than directly from the source listed herein also may result in failure to receive any addenda, corrections or other revisions to these documents that may be issued. Contractors should read and be fully familiar with all contract documents before submitting a bid. In submitting a bid, the bidder warrants that it has read the contract documents and is fully familiar therewith and that it has visited the site of the work to fully inform itself as to all existing conditions and limitations, and shall include in its bid a sum to cover the cost of all items of the work. Should a bidder find defects as defined in paragraph GC-3 of the General Conditions, it shall follow the procedures outlined in paragraph GC-3 to bring same to the attention of city. Changes necessitated thereby shall be in the form of addenda issued by the consulting engineer. All bidders shall verify that they have considered all written addenda. Neither the city nor the consulting engineer shall be responsible for oral instructions. Any written addenda issued during the time of bidding shall be covered and included in the bid. There will be no clarifications or exceptions allowed on the bid. Bids are for a total bid package, total contract price. Bids shall be made upon the form provided in ink or typewritten. Numbers shall be stated both in writing and in figures, the signature shall be long hand, and the complete form shall be without alteration or erasure. On alternate items for which a bid is not submitted, a written indication of no bid on the bid form is required.
No oral, telegraphic, facsimile or telephonic bids or alterations will be considered. The following items must be included in the sealed envelope with the bid: a. Bid b. 5% Bid security bid bond, cashiers check or certified check (see below) c. Signed documents (KDOT Certifications) Required Contract Provision DBE Contract Goal Certification Noncollusion & History of Debarment Declaration Limitations on Use of Federal Funds for Lobbying Tax Clearance Certificate Each bidder shall file with its bid a bid bond, a cashiers check or a certified check drawn on any acceptable bank, made payable to the city of Overland Park, Kansas, in an amount of not less than 5 percent of the total bid, which shall be retained by the city of Overland Park until a contract for the project has been executed. Bid bonds will be returned to the unsuccessful bidders, with the exception of the second qualifying bidder, at such time as their bids are rejected. The bid deposit of the successful bidder and the second qualifying bidder will be returned when satisfactory bonds in an amount equal to 100 percent of the contract amount, required insurance certificates and other required documents shall have been furnished and the contract documents have been executed. In the event the successful bidder is unable to execute the contract, for whatever reason, the city may exercise its legal prerogatives, including, but not limited to, enforcement of its rights as to the bid security. The city reserves the right to accept or reject any and all bids and to waive any technicalities or irregularities therein. Bids may be modified or withdrawn by written request of the bidder received in the office of the city clerk, prior to the time and date for bid opening; provided, however, that no bidder may withdraw its bid for a period of 30 days from the date set for the opening thereof. All bidders agree that rejection shall create no liability on the part of the city because of such rejection. It is understood by all bidders that an unsuccessful bidder has no cause of action against the city for bid preparation costs. The filing of any bid in response to this invitation shall constitute an agreement of the bidder to these conditions. A pre-bid conference will be held at 11 a.m. March 17 in the first floor conference room of the Overland Park City Hall, 8500 Santa Fe Drive, Overland Park. Nancy Sappington Contract Specialist Public Works Department City of Overland Park, Kansas
Doc. No. 039178
Vol. 30, No. 9, March 3, 2011
186
State of Kansas
Kansas Register
State of Kansas
Notices
State Employees Health Care Commission

Notice of Meeting The Kansas State Employees Health Care Commission will meet at 1:30 p.m. Tuesday, March 15, in the KPERS boardroom, 611 S. Kansas Ave., Topeka. For more information, contact Laurie Knowlton, State Employee Health Plan, at (785) 296-6280. Dennis Taylor, Chair Health Care Commission
Doc. No. 039186
Secretary of State
Code Mortgage Rate for March Pursuant to the provisions of K.S.A. 16a-1-301, Section 11, the code mortgage rate during the period of March 1, 2011 through March 31, 2011, is 12 percent. Kris W. Kobach Secretary of State
Doc. No. 039170
State of Kansas
State of Kansas
Secretary of State
Usury Rate for March Pursuant to the provisions of K.S.A. 16-207, the maximum effective rate of interest per annum for notes secured by all real estate mortgages and contracts for deed for real estate (except where the note or contract for deed permits adjustment of the interest rate, the term of the loan or the amortization schedule) executed during the period of March 1, 2011 through March 31, 2011, is 6.16 percent. Kris W. Kobach Secretary of State
Doc. No. 039169
Kansas State University

Notice of Intent to Lease Land Public notice is hereby given, pursuant to K.S.A. 75430a(d), that Kansas State University intends to lease land for the purpose of constructing a grain science center feed mill. Kansas State University will lease approximately 1.75 acres in the Grain Science Complex on Kimball Avenue to the KSU Foundation. The KSU Foundation will build a feed mill using private financing. Kansas State University will enter a lease-purchase agreement with the KSU Foundation. Once the principal and interest are retired, the ground lease will terminate and the feed mill will be transferred to Kansas State University. Specifications and further information are available by contacting Bruce Shubert, Vice President for Administration and Finance, Kansas State University, 105 Anderson Hall, Manhattan, 66506. Carla Bishop Director of Purchasing
Doc. No. 039185
State of Kansas

Notice to Bidders Sealed bids for items listed will be received by the Director of Purchases until 2 p.m. on the date indicated. Contractors wishing to bid on the projects below must be prequalified. Information regarding prequalification, projects and bid documents can be obtained by calling (785) 296-8899 or by visiting www.da.ks.gov/fp/.
03/22/2011 A-011196 Upgrade Electrical Panels and Wiring Engineering Bldg. Larned State Hospital, Larned
City of Hutchinson, Kansas

Notice of Proposed DBE Program The city of Hutchinson has established a Disadvantaged Business Enterprise (DBE) Program in accordance with regulations of the U.S. Department of Transportation, 49 CFR Part 26, for FAA funding at the Hutchinson Municipal Airport. The city anticipates receiving federal financial assistance from the Department of Transportation and, as a condition of receiving this assistance, the city will sign an assurance that it will comply with 49 CFR Part 26. The citys overall project-specific goal for FY 2011 is 3.82 percent of the federal financial assistance. The proposed DBE Program is available for public inspection and comment at the office of the Director of Parks and Facility Services, City Public Works, 1500 S. Plum, Hutchinson, 67501. The city will accept comments on the goals for 30 days from the date of this notice. Comments can be sent to Mike Lueck, DBE Liaison Officer. Mike Lueck DBE Liaison Officer
Doc. No. 039172
Subcontractor bids will be received for work shown on the plans and as specified in Divisions 27- Communications Section 27 4100 Audio Visual Systems. Plans and specifications for the following project can be obtained by calling Tammy Shaw, Ferrell Construction, at (785) 3544309. Bids will be received by Ferrell Construction of Topeka, 2420 N.W. Button Road, Topeka, KS 66618.
03/10/2011 A-010897 Construction Management Risk Project Audio-Visual Systems Only Remodel and Addition Memorial Union Emporia State University, Emporia

Doc. No. 039187
Vol. 30, No. 9, March 3, 2011
Notice/Bond Sale
State of Kansas
Kansas Register
187

Summary Notice of Bond Sale City of Abilene, Kansas $2,200,000 General Obligation Bonds Series 2011 Details of the Sale Subject to the terms and requirements of the Official Notice of Bond Sale dated February 14, 2011, of the city of Abilene, Kansas, bids to purchase the citys General Obligation Bonds, Series 2011, will be received at the office of the finance director at City Hall, 419 Broadway, Abilene, KS 67410, or by telefacsimile at (785) 263-2552, or electronically through PARITY, until 2 p.m. Monday, March 14, 2011. The bids will be considered by the governing body at its meeting at 4 p.m. on the sale date. No oral or auction bids for the bonds shall be considered, and no bids for less than 100 percent of the total principal amount of the bonds and accrued interest to the date of delivery shall be considered. Good Faith Deposit Each bidder must submit a good faith deposit in the form of cash, deposited in the citys account by electronic transfer, a certified or cashiers check made payable to the order of the city, or a financial surety bond in an amount equal to 2 percent of the principal amount of the bonds. Methods of making the good faith deposit are further described in the Official Notice of Bond Sale. Details of the Bonds The bonds are dated April 1, 2011, and will be issued as registered bonds in the denomination of $5,000 or any integral multiple thereof. Interest on the bonds is payable semiannually on March 1 and September 1 of each year, beginning March 1, 2012. Principal of the bonds becomes due on September 1 in the years and amounts as shown below: Maturity Schedule
Principal Amount* Maturity Date
Doc. No. 038494
$180,000 2012 205,000 2013 210,000 2014 210,000 2015 215,000 2016 220,000 2017 230,000 2018 235,000 2019 245,000 2020 250,000 2021 Payment of Principal and Interest The Kansas State Treasurer will serve as the bond registrar and paying agent for the bonds. Book-Entry Bonds The bonds will be issued and registered under a bookentry-only system administered by the Depository Trust Company, New York, New York (DTC).
(continued)
Vol. 30, No. 9, March 3, 2011
188
Kansas Register
2015
Bond Sale
720,000
Delivery of the Bonds The city will prepare the bonds at its expense and will deliver the bonds to the purchaser on or about April 1, 2011, through the facilities of DTC. Legal Opinion The bonds will be sold subject to the legal opinion of Triplett, Woolf & Garretson, LLC, Wichita, Kansas, bond counsel, whose fees will be paid by the city. Financial Matters The citys current assessed valuation for purposes of calculating statutory debt limitations is $59,061,954. As of April 1, 2011, the citys total outstanding general obligation debt (including the bonds) is $12,815,000. Additional Information For additional information, contact the city clerk at the address and telephone number shown below or the citys financial advisor, Dustin Avey, Piper Jaffray & Co., 11150 Overbrook Road, Suite 310, Leawood, KS 66211, (800) 829-5377. City of Abilene, Kansas By Penny Soukup, City Clerk City Hall, 419 Broadway Abilene, KS 67410 (785) 263-2550 Fax (785) 263-2552
*Principal amounts subject to change.
Doc. No. 039176
The bonds will bear interest from the date thereof at rates to be determined when the bonds are sold as hereinafter provided, which interest will be payable semiannually on April 1 and October 1 in each year, beginning April 1, 2012. Book-Entry-Only System The bonds shall be registered under a book-entry-only system administered through DTC. Paying Agent and Bond Registrar Kansas State Treasurer, Topeka, Kansas. Good Faith Deposit Each bid shall be accompanied by a good faith deposit in the form of a cashiers or certified check drawn on a bank located in the United States, a qualified financial surety bond or a wire transfer in Federal Reserve funds immediately available for use by the issuer in the amount of $55,000. Delivery The issuer will pay for printing the bonds and will deliver the same properly prepared, executed and registered without cost to the successful bidder on or about April 7, 2011, to DTC for the account of the successful bidder. Assessed Valuation and Indebtedness The equalized assessed tangible valuation for computation of bonded debt limitations for the year 2010 is $259,766,211. The total general obligation indebtedness of the issuer as of the dated date, including the bonds being sold, is $128,414,700. Approval of Bonds The bonds will be sold subject to the legal opinion of Gilmore & Bell, P.C., Wichita, Kansas, bond counsel, whose approving legal opinion as to the validity of the bonds will be furnished and paid for by the issuer, printed on the bonds and delivered to the successful bidder when the bonds are delivered. Additional Information Additional information regarding the bonds may be obtained from the undersigned, or from the financial advisor, at the addresses set forth below. Written Bid and Good Faith Deposit Delivery Address: Doug Maxwell, District Finance Officer Office of the Board of Education 201 S. Main, P.O. Box 249 Goddard, KS 67052-0249 (316) 794-4000 Fax (316) 794-2222 E-mail: dmaxwell@goddardusd.com Financial Advisor - Facsimile Bid and Good Faith Deposit Delivery Address: George K. Baum & Company 100 N. Main, Suite 810 Wichita, KS 67202 Attn: Charles M. Boully (316) 264-9351 Fax (316) 264-9370 E-mail: boully@gkbaum.com
Summary Notice of Bond Sale Unified School District No. 265 Sedgwick County, Kansas (Goddard) $2,750,000 General Obligation Capital Outlay Bond Series 2011-1 (General obligation bonds payable from unlimited ad valorem taxes) Bids Subject to the Notice of Bond Sale dated February 14, 2011, written and electronic bids will be received on behalf of the district finance officer of Unified School District No. 265, Sedgwick County, Kansas (Goddard) (the issuer), in the case of written bids, at the address set forth below, and in the case of electronic bids, through PARITY, until 1:30 p.m. March 14, 2011, for the purchase of the above-referenced bonds. No bid of less than 100 percent of the principal amount of the bonds and accrued interest thereon to the date of delivery will be considered. Bond Details The bonds will consist of fully registered bonds in the denomination of $5,000 or any integral multiple thereof. The bonds will be dated April 1, 2011, and will become due on October 1 in the years as follows:
2012 2013 2014

$635,000 690,000 705,000
Vol. 30, No. 9, March 3, 2011
Legislative Bills
Dated February 14, 2011.
Kansas Register
189
Unified School District No. 265 Sedgwick County, Kansas (Goddard)

Doc. No. 039177
State of Kansas
Legislature
HB 2347, AN ACT concerning income taxation; relating to the earned income tax credit; amending K.S.A. 2010 Supp. 79-32,205 and repealing the existing section, by Committee on Taxation. HB 2348, AN ACT concerning income taxation; relating to information required on returns; social security numbers; amending K.S.A. 2010 Supp. 79-3221 and repealing the existing section, by Committee on Taxation. HB 2349, AN ACT concerning income taxation; relating to credit for dependent care expenses; social security numbers in support thereof; amending K.S.A. 79-32,111a and repealing the existing section, by Committee on Taxation. HB 2350, AN ACT concerning property taxation; imposing a payment in lieu of tax on certain qualifying crude oil pipelines; procedure, by Committee on Taxation. HB 2351, AN ACT concerning fiscal notes for certain legislative bills; requiring consideration of dynamic scoring analysis in preparation thereof, by Committee on Taxation. HB 2352, AN ACT concerning property taxation; relating to exemptions; public utilities; notice and opportunity to be heard for counties; amending K.S.A. 2010 Supp. 79-213 and 79-5a27 and repealing the existing sections, by Committee on Taxation. HB 2353, AN ACT concerning the personal and family protection act; amending K.S.A. 2010 Supp. 75-7c10 and section 194 of chapter 136 of the 2010 Session Laws of Kansas and repealing the existing sections, by Committee on Federal and State Affairs. HB 2354, AN ACT concerning the Kansas expanded lottery act; relating to racetrack gaming facilities; amending K.S.A. 2010 Supp. 748702, 74-8734, 74-8741, 74-8751 and 74-8768 and repealing the existing sections, by Committee on Federal and State Affairs. HB 2355, AN ACT concerning sales taxation; relating to food sales tax refunds; information required in support of claim; amending K.S.A. 79-3637 and repealing the existing section, by Committee on Taxation. HB 2356, AN ACT concerning retirement and pensions; relating to employment after retirement; amending K.S.A. 2010 Supp. 74-4914 and repealing the existing section, by Committee on Appropriations. HB 2357, AN ACT creating the Arkansas river gaging fund, by Committee on Appropriations. HB 2358, AN ACT concerning taxation; relating to rate of taxation; distribution of revenue, refunds of sales tax on food; income taxation, certain credits; amending K.S.A. 2010 Supp. 79-32,205, 79-3603, 79-3620, 79-3633, 79-3635, 79-3703 and 79-3710 and repealing the existing sections, by Committee on Appropriations. HB 2359, AN ACT concerning criminal procedure; relating to health care payments for persons in custody; amending K.S.A. 22-4612 and repealing the existing section, by Committee on Appropriations. HB 2360, AN ACT concerning school districts; enacting the Kansas uniform financial accounting and reporting act; amending K.S.A. 2010 Supp. 72-8254 and repealing the existing section, by Committee on Appropriations. HB 2361, AN ACT concerning sales taxation; relating to exemptions; civil air patrol; amending K.S.A. 2010 Supp. 79-3606 and repealing the existing section, by Committee on Taxation.
HB 2362, AN ACT making and concerning appropriations for the fiscal years ending June 30, 2012, June 30, 2013, and June 30, 2014, for the department of aging and the department of social and rehabilitation services; authorizing certain transfers, capital improvement projects and fees, imposing certain restrictions and limitations, and directing or authorizing certain receipts, disbursements and acts incidental to the foregoing, by Committee on Appropriations. HB 2363, AN ACT concerning gubernatorial inauguration contributions; amending K.S.A. 25-4186 and repealing the existing section; and also repealing K.S.A. 25-4188, by Committee on Appropriations. HB 2364, AN ACT concerning elections; relating to voter identification; amending K.S.A. 25-2352, 25-2411, 25-2416, 25-2423 and 25-2431 and K.S.A. 2010 Supp. 25-1122, 25-1122d, 25-2309, 25-2908, 25-3002 and 25-3104 and repealing the existing sections, by Committee on Appropriations.

HCR 5017, By Committee on Taxation, A PROPOSITION to amend section 1 of article 11 of the constitution of the state of Kansas, relating to classification and taxation of watercraft. HCR 5018, By Committee on Education, A PROPOSITION to revise article 6 of the constitution of the state of Kansas; relating to education. HCR 5019, By Committee on Appropriations, A CONCURRENT RESOLUTION requesting the study and recommendation of an administrative reorganization of school districts by the state board of education. HCR 5020, By Representatives ONeal, Siegfreid and Vickrey, A CONCURRENT RESOLUTION endorsing Taiwans participation as an observer in the International Civil Aviation Organization (ICAO) and United Nations Framework Convention on Climate Change (UNFCCC). HCR 5021, By Representatives ONeal and Davis, A CONCURRENT RESOLUTION relating to the adjournment of the senate and house of representatives for periods during the 2011 regular session of the legislature.
House Resolutions
HR 6010, By Representatives Hoffman and Wetta, A RESOLUTION designating the Anthony 9/11 memorial as the official Kansas 9/11 memorial. HR 6011, By Committee on Federal and State Affairs, A RESOLUTION expressing support of the Kansas House of Representatives for the states legal challenge of Obamacare.
Senate Bills
SB 212, AN ACT concerning taxation; relating to abatement of tax liability; annual report; amending K.S.A. 2010 Supp. 79-3233b and repealing the existing section, by Committee on Federal and State Affairs. SB 213, AN ACT concerning motor vehicles; relating to lightweight roadable vehicles; amending K.S.A. 2010 Supp. 8-126 and 8-1486 and repealing the existing sections, by Committee on Ways and Means. SB 214, AN ACT concerning the groundwater management district act; amending K.S.A. 2010 Supp. 82a-1021 and repealing the existing section, by Committee on Ways and Means. SB 215, AN ACT abolishing the liquefied petroleum gas advisory board; repealing K.S.A. 55-1811, by Committee on Ways and Means. SB 216, AN ACT concerning emergency medical services; amending K.S.A. 65-6110, 65-6126, 65-6132 and 65-6133 and K.S.A. 2010 Supp. 656112, 65-6120, 65-6121, 65-6123, 65-6129 and 65-6144 and repealing the existing sections, by Committee on Ways and Means. SB 217, AN ACT concerning the civil commitment of sexually violent predators; relating to reimbursement for costs related to habeas corpus actions; amending K.S.A. 2010 Supp. 59-29a04a and repealing the existing section, by Committee on Ways and Means. SB 218, AN ACT concerning motor vehicles; relating to vehicle identification number inspection fees; amending K.S.A. 2010 Supp. 8-116a and repealing the existing section, by Committee on Ways and Means. SB 219, AN ACT concerning the wage payment act; pertaining to remedies for employees whose employers repeatedly fail to pay wages; amending K.S.A. 2010 Supp. 44-313 and repealing the existing section, by Committee on Federal and State Affairs.
Senate Resolutions
SR 1816, by Senators Taddiken and Morris, A RESOLUTION congratulating Jordy Nelson on his success in Super Bowl XLV.
Doc. No. 039166
Vol. 30, No. 9, March 3, 2011
190
State of Kansas
Kansas Register
Notice of Investment Rates
Notices
The following rates are published in accordance with K.S.A. 75-4210. These rates and their uses are defined in K.S.A. 2010 Supp. 12-1675(b)(c)(d) and K.S.A. 2010 Supp. 12-1675a(g). Effective 2-28-11 through 3-6-11 Term Rate 1-89 days 0.15% 3 months 0.12% 6 months 0.17% 1 year 0.31% 18 months 0.50% 2 years 0.73% Elizabeth B.A. Miller Director of Investments
Doc. No. 039162
Name and Address Legal Receiving of Applicant Description Water Douglas Dairy NE/4 of Section 35, Smoky Hill River Steve Douglas T16S, R03W, Saline Basin 615 W. Rosehill Road County Assaria, KS 67416 Kansas Permit No. A-SHSA-M006 This permit is being reissued for an existing facility with a maximum capacity of 30 head (15 animal units) of dairy calves and 150 head (210 animal units) of mature dairy cattle, for a total of 180 head (225 animal units). This represents an increase of 20 animal units from the previous permit due to a change in the animal unit calculation for mature dairy cattle. Name and Address Legal Receiving of Applicant Description Water Bevin Law NW/4 of Section 25, Smoky Hill River 287 Frontier Road T10S, R01E, Clay Basin Longford, KS 67458 County Kansas Permit No. A-SHCY-S005 This permit is being reissued for an existing facility with a maximum capacity of 20 head (8 animal units) of swine more than 55 pounds and 700 head (70 animal units) of swine 55 pounds or less, for a total of 78 animal units. There is no change in the permitted animal units from the previous permit cycle.
State of Kansas

Name and Address Legal Receiving of Applicant Description Water Kent Rock SW/4 of Section 20, Smoky Hill River 940 Lark Road T15S, R03E, Basin Hope, KS 67451 Dickinson County Kansas Permit No. A-SHDK-B030 This is a new permit for an existing facility for 450 head (225 animal units) of beef cattle weighing less than 700 pounds. The existing pens will be abandoned and three new confinement pens will be constructed and a grass buffer will be established.
Persons wishing to comment on the draft documents and/or permit applications must submit their comments in writing to the Kansas Department of Health and Environment if they wish to have the comments considered in the decision-making process. Comments should be submitted to the attention of the Livestock Waste Management Section for agricultural-related draft documents or applications, or to the Technical Services Section for all other permits, at the Kansas Department of Health and Environment, Division of Environment, Bureau of Water, 1000 S.W. Jackson, Suite 420, Topeka, 66612-1367. All comments regarding the draft documents or application notices received on or before April 2 will be considered in the formulation of the final determinations regarding this public notice. Please refer to the appropriate Kansas document number (KS-AG-11-036/038) and name of the applicant/permittee when preparing comments. After review of any comments received during the public notice period, the Secretary of Health and Environment will issue a determination regarding final agency action on each draft document/application. If response to any draft document/application indicates significant public interest, a public hearing may be held in conformance with K.A.R. 28-16-61 (28-46-21 for UIC). All draft documents/applications and the supporting information including any comments received are on file and may be inspected at the offices of the Kansas Department of Health and Environment, Bureau of Water. These documents are available upon request at the copying cost assessed by KDHE. Application information and components of plans and specifications for all new and expanding swine facilities are available on the Internet at http://www.kdheks.gov/feedlots. Division of Environment offices are open from 8 a.m. to 5 p.m. Monday through Friday, excluding holidays. Robert P. Moser, M.D. Acting Secretary of Health and Environment
Doc. No. 039175
Vol. 30, No. 9, March 3, 2011
Request for Comments

State of Kansas
Kansas Register
191

Request for Comments The Kansas Department of Health and Environment is soliciting comments regarding a proposed air quality construction permit and Section 112(g) of the Clean Air Act Amendments of 1990, Case-by-Case Maximum Achievable Control Technology (MACT) Determination. The proposed permit serves as both a proposed Prevention of Significant Deterioration (PSD) and a proposed 112(g) Case-by-Case Permit. Abengoa Bioenergy Biomass of Kansas, LLC (ABBK), located at 16150 Main Circle Drive, Suite 200, Chesterfield, MO 63017, has applied for an air quality construction permit in accordance with the provisions of K.A.R. 28-19-300 to construct and operate a biomass-to-ethanol manufacturing and biomass-to-power cogeneration (CoGen) facility in Section 18, Township 33 South, Range 37 West, Stevens County, Kansas, near Hugoton. Emission of particulate matter (PM), PM equal to or less than 10 microns in diameter (PM10), PM equal to or less than 2.5 microns in diameter (PM2.5), volatile organic compounds (VOCs), oxides of nitrogen (NOx), sulfur dioxide (SO2), carbon monoxide (CO) and hazardous air pollutants (HAPs) were evaluated during the permit review process. The proposed permit is to be issued in accordance with the provisions of K.A.R. 28-19-350, prevention of significant deterioration (PSD), which adopt the federal standards, procedures and requirements of 40 CFR 52.21 by reference. These air quality regulations apply to major stationary emission sources located in areas designated as attainment under the federal Clean Air Act (CAA). Attainment areas are areas where the air quality meets or exeeds the national ambient air quality standards (NAAQS). The PSD regulations require evaluation of emission reduction techniques to identify the best available control technology (BACT) for each regulated pollutant, including greenhouse gases (GHGs), for which the emission rate exceeds the PSD significant level. The purpose of BACT is to affect the maximum degree of reduction achievable, taking into account energy, environmental and economic impacts for each regulated pollutant under review. Evaluation of the estimated emissions for the proposed ABBK project indicates that the emission rate of oxides of nitrogen, sulfur dioxide, carbon monoxide, particulate matter, volatile organic compounds and GHGs all exceed the significance levels. ABBK conducted the required BACT analyses. The department has reviewed ABBKs BACT analyses and concurs with its findings that for the four biomass bubbling fluidized bed (BFB) boilers, each rated at 450 MMBtu/hr maximum design heating input, selective catalytic reduction is BACT for NOx; the injection of sorbent (trona (sodium sesquicarbonate) or lime) in combination with a dry flue gas desulfurization (dry FGD) system is BACT for SO2; good combustion practices (GCP) is BACT for carbon monoxide (CO) and VOC emissions; fabric filters is BACT for PM, PM10 and PM2.5; and
energy efficient design, incorporating cogeneration, process integration, combustion of co-products and heat recovery are BACT for GHGs. The ABBK project will be a major source of hazardous air pollutants (HAPs). The emissions of HAPs will be above 10 tons/year for a single HAP and 25 tons/year for combined total HAPs for each of the four BFB fuel boilers. As a newly proposed major source of HAPs without a promulgated Part 63 National Emission Standard for Hazardous Air Pollutants (NESHAP), the four BFB fuel boilers are subject to a case-by-case maximum achievable control technology (MACT) determination pursuant to Section 112(g) of the Clean Air Act Amendments of 1990. ABBK conducted the required case-by-case MACT analyses. The department has reviewed ABBKs case-by-case MACT analyses and concurs with its findings. The caseby-case MACT approval is in accordance with K.A.R. 2819-750, Hazardous Air Pollutants, Maximum Achievable Control Technology, adopting by reference 40 CFR Part 63, Subpart B Requirements for Control Technology Determinations for Major Sources. An ambient impact analysis was performed on the potential air emissions of NO2, SO2, PM10, PM2.5 and CO from this project. Detailed modeling for NO2 demonstrated that the emissions will not cause or contribute to any violation of the 1-hour or annual ambient air quality standard and that 12.2% of the annual Class II maximum allowable increment for NO2 is expected to be consumed. EPA has not established a 1-hour Class II maximum allowable increment for NO2. Accordingly, no calculation of the potential consumption of such increment is possible. The SO2 screening modeling demonstrated no significant impact on the 3-hour, 24-hour, or annual ambient air quality standard and 1.3% of the annual, 4.0% of the 24-hour, and 2.2% of 3-hour Class II maximum allowable increment for SO2 are expected to be consumed. Detailed modeling for 1-hour SO2 demonstrates that the emissions will not cause or contribute to any modeled ambient air quality violation. EPA has not established a 1-hour Class II maximum allowable increment for SO2. Accordingly, no calculation of the potential consumption of such increment is possible. Detailed modeling for PM10 demonstrated that the emissions will not cause or contribute to any violation of the 24-hour or annual ambient air quality standard and that 85.8% of the 24-hour, and 46.8% of the annual Class II maximum allowable increments for PM10 are expected to be consumed. Detailed modeling for PM2.5 demonstrates that the emissions will not cause or contribute to any violation of the 24-hour or annual ambient air quality standard and that 70.6% of the 24-hour, and 48.9% of the annual Class II maximum allowable increments for PM2.5 are expected to be consumed. The CO screening modeling analysis demonstrated no significant impact on the 1-hour or 8-hour ambient air quality and that the emissions would not cause or
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contribute to any violation of ambient air standards. EPA has not established any Class II maximum allowable increments for CO. Accordingly, no calculation of the potential consumption of such increment is possible. An analysis of visibility was conducted for the Cimarron National Grasslands and the Hugoton Municipal Airport. The VISCREEN model results indicate no adverse impacts at Cimarron National Grasslands. The VISCREEN model results indicated minimal visibility impacts at Hugoton Municipal Airport. No adverse impacts on soils and vegetation in the area are expected. Any federal land manager who has reason to believe they may have a class I area adversely impacted by the emissions from the proposed project has the opportunity to present KDHE with a demonstration of the adverse impact on the air quality-related values of the federal class I area during the comment period. A public comment period has been established until noon April 4 to allow citizens the opportunity to express any concerns they may have about this proposed permitting action. All comments should be submitted in writing to Terry T. Tavener, Bureau of Air, 1000 S.W. Jackson, Suite 310, Topeka, 66612-1366, or may be presented at the tentatively scheduled public hearing (see below). Any member of the public may request a public hearing be conducted to receive comments on the proposed issuance of the draft air quality construction permit. Written request to hold a public hearing should be sent to the attention of Sharon Burrell at the address listed above or by fax to (785) 291-3953 and must be received by noon April 4. If a request is received, a public hearing is tentatively scheduled by KDHE from 5 to 9 p.m. April 6 at the Stevens County Memorial Hall, 200 E. 6th St., Hugoton. If no requests to hold the public hearing are received by noon April 4, the public hearing will be cancelled. A notice of the cancellation will be posted at the KDHE Web site at http://www.kdheks.gov/bar/public notice.html. If a hearing is conducted, all interested parties will be given a reasonable opportunity to present their views orally or by submission of written materials during the hearing. In order to give all parties an opportunity to present their views, it may be necessary to request that each participant limit oral presentations to a specific time limit. Any individual with a disability may request accommodation in order to participate in the public hearing and may request the proposed materials in an accessible format. Requests for accommodation must be made not later than April 4 by contacting Sharon Burrell at (785) 296-0297. A copy of the proposed permit, permit application, all supporting documentation and all information relied upon during the permit application review process for the PSD and the 112(g) Case-by-Case MACT approval are available for public review for a period of 30 days from the date of publication during normal business hours, 8 a.m. to 5 p.m., at the KDHE, Bureau of Air, 1000 S.W. Jackson, Suite 310, Topeka. A copy of the proposed permit and all supporting documentation also can be reviewed at the KDHE Southwest District Office, 302 W.
McArtor Road, Dodge City. To obtain or review the proposed permit and supporting documentation, contact Terry Tavener, (785) 296-1581, at the KDHE central office, and Allen Guernsey, District Environmental Administrator in the KDHE Southwest District Office, (620) 225-0596. The standard departmental cost will be assessed for any copies requested. These same materials are available, free of charge, at the KDHE Bureau of Air Web site at http://www.kdheks. gov/bar/index.html. Robert P. Moser, M.D. Acting Secretary of Health and Environment
Doc. No. 039174
State of Kansas
Kansas Development Finance Authority

Notice of Hearing A public hearing will be conducted at 9 a.m. Thursday, March 17, in the offices of the Kansas Development Finance Authority, 555 S. Kansas Ave., Suite 202, Topeka, on the proposal for the KDFA to issue its Agricultural Development Revenue Bond for the project numbered below in the respective maximum principal amount. The bond will be issued to assist the borrower named below (who will be the owner and operator of the project) to finance the cost in the amount of the bond, which is then typically purchased by a lender bank who then, through the KDFA, loans the bond proceeds to the borrower for the purposes of acquiring the project. The project shall be located as shown:
Project No. 000803 Maximum Principal Amount: $258,629.44. Owner/Operator: Travis E. and Courtney D. Pfizenmaier. Description: Acquisition of 372 acres of agricultural land and related improvements and equipment to be used by the owner/operator for farming purposes. The project is being financed by the lender for Travis E. and Courtney D. Pfizenmaier and is located at Section 23, Oakland Township, Clay County, Kansas, approximately 3 miles east of Oakhill on 9th Road.
The bond, when issued, will be a limited obligation of the KDFA and will not constitute a general obligation or indebtedness of the state of Kansas or any political subdivision thereof, including the KDFA, nor will it be an indebtedness for which the faith and credit and taxing powers of the state of Kansas are pledged. The bond will be payable solely from amounts received from the respective borrower, the obligation of which will be sufficient to pay the principal of, interest and redemption premium, if any, on the bond when it becomes due. All individuals who appear at the hearing will be given an opportunity to express their views concerning the proposal to issue the bond to finance the project, and all written comments previously filed with the KDFA at its offices at 555 S. Kansas Ave., Suite 202, Topeka, 66603, will be considered. Additional information regarding the project may be obtained by contacting the KDFA. Tim Shallenburger President
Doc. No. 039179
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Permanent Administrative Regulations Article 1.GENERAL 40-1-37. Audited financial reports; filing requirements. The Kansas insurance departments policy and procedure requiring annual audited financial reports, dated November 22, 2010, is hereby adopted by reference. (Authorized by K.S.A. 40-103 and K.S.A. 40-225; implementing K.S.A. 40-222b and K.S.A. 40-225; effective July 10, 1989; amended Jan. 4, 1993; amended Sept. 14, 2001; amended Sept. 21, 2007; amended July 6, 2009; amended March 18, 2011.) Sandy Praeger Kansas Insurance Commissioner
Doc. No. 039171
State of Kansas
Board of Regents
Permanent Administrative Regulations Article 28.PRIVATE AND OUT-OF-STATE POSTSECONDARY EDUCATION INSTITUTIONS 88-28-1. Definitions. The following terms, wherever used in this article, shall have the meanings specified in this regulation: (a) Academic year means instruction consisting of at least 24 semester credit hours over a period of two semesters or the equivalent. (b) Associates degree means a postsecondary degree consisting of at least 60 semester credit hours or the equivalent of college-level coursework. This term shall include the following types of associates degree: (1) Associate in applied science degree means a technical-oriented or occupational-oriented associates degree that meets the following conditions: (A) Is granted to each student who successfully completes a program that emphasizes preparation in the applied arts and sciences for careers, typically at the technical or occupational level; and (B) requires at least 15 semester credit hours in general education and at least 30 semester credit hours or the equivalent in the technical content area. (2) Associate in arts degree means an associates degree that meets the following conditions: (A) Is granted to each student who successfully completes a program that emphasizes the liberal arts; and (B) requires at least 30 semester credit hours or the equivalent in general education, including English, mathematics, humanities, communications, physical sciences, and social and behavioral sciences, or any combination of these subjects. (3) Associate in general studies degree means an associates degree that meets the following conditions: (A) Is granted to each student who successfully completes a program that emphasizes a broad range of knowledge; and
(B) requires at least 24 semester credit hours or the equivalent in general education. (4) Associate in science degree means an associates degree that meets the following conditions: (A) Is granted to each student who successfully completes a program that emphasizes either mathematics or the biological or physical sciences, or both; and (B) requires at least 30 semester credit hours or the equivalent in general education. (c) Bachelors degree and baccalaureate mean a degree that meets the following conditions: (1) Requires the equivalent of at least four academic years of college-level coursework in the liberal arts, sciences, or professional fields meeting the following conditions: (A) Requires at least 120 semester credit hours or the equivalent; (B) includes at least 45 semester credit hours or the equivalent in upper-division courses; and (C) requires at least 60 semester credit hours or the equivalent from institutions that confer a majority of degrees at or above the baccalaureate level; and (2) requires a distinct specialization, which is known as a major, that requires either of the following: (A) At least one academic year, or the equivalent in part-time study, of work in the major subject and at least one academic year, or the equivalent in part-time study, in related subjects; or (B) at least two academic years, or the equivalent in part-time study, in closely related subjects within a liberal arts interdisciplinary program. (d) Catalog means a document delivered in print or on-line containing the elements specified in K.A.R. 88-282. (e) Closure of an institution or closure means the practice of no longer allowing students access to the institution to receive instruction. Closure of an institution occurs on the calendar day immediately following the last day on which students are allowed access to the institution to receive instruction. (f) Degree program means a course of study that meets the following conditions: (1) Leads to an associates degree, a bachelors degree, a masters degree, an intermediate (specialist) degree, a first professional degree, or a doctors degree; and (2) consists of at least 30 semester credit hours or the equivalent of coursework in a designated academic discipline area. (g) Doctors degree means a degree that may include study for a closely related masters degree and that meets the following conditions: (1) Is granted to each student who successfully completes an intensive, scholarly program requiring the equivalent of at least three academic years beyond the bachelors degree; (2) requires a demonstration of mastery of a significant body of knowledge through successful completion of either of the following: (A) A comprehensive examination; or (B) a professional examination, the successful completion of which may be required in order to be admitted to professional practice in Kansas; and
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(3) requires evidence, in the form of a doctoral dissertation, of competence in independent basic or applied research that involves the highest levels of knowledge and expertise. (h) Enrollment agreement means a written contract between an institution and a student in which the institution agrees to provide instruction to the student for a fee. Each valid enrollment agreement shall meet the requirements of K.A.R. 88-28-7. (i) Enrollment period means the period of time specified in an enrollment agreement during which instruction, including any examinations given, is to be provided to a student. (j) Entering an institution means commencing class attendance by a student at an on-site institution or first submitting a lesson by a student for evaluation in a distance education program. (k) First professional degree means a degree that meets the following conditions: (1) Is granted to each student who successfully completes study beyond the fulfillment of undergraduate requirements, as approved by the state board; (2) requires the equivalent of at least five academic years of study, including work towards a bachelors degree; and (3) includes a specialization in a professional field. (l) Honorary degree means a special degree awarded as an honor that is bestowed upon a person without completion of the usual requirements. (m) Intermediate (specialist) degree means a degree, including an educational specialist degree, granted to each student who successfully completes a program requiring the equivalent of at least one academic year beyond the masters degree in a professional field. (n) Masters degree means a degree that meets the following conditions: (1) Is granted to each student who successfully completes a program in the liberal arts and sciences or in a professional field beyond a bachelors degree; (2) requires the equivalent of at least one academic year in a curriculum specializing in a single discipline or single occupational or professional area; and (3) culminates in a demonstration of mastery, which may include one or more of the following: (A) A research thesis; (B) a work of art; or (C) the solution of an applied professional problem. (o) Program means either of the following: (1) A course or series of courses leading to a certificate, diploma, or degree; or (2) training that prepares a person for a field of endeavor in a business, trade, technical, or industrial occupation. (p) Upper-division course means any course with content and teaching appropriate for students in their third and fourth academic years or for other students with an adequate background in the subject. (Authorized by and implementing K.S.A. 2009 Supp. 74-32,165; effective Oct. 20, 2006; amended March 18, 2011.)
88-30-1. Definitions. The following terms wherever used in this article shall have the meanings specified in this regulation: (a) Degree-seeking undergraduate student means a student who has formally indicated to the state educational institution the intent to complete a program of study that is designated by the United States department of education as a program that is eligible for federal financial aid. (b) Dependent means a students unmarried child under the age of 19 who is not self-supporting. (c) Employer contribution means the amount paid by a state educational institution for the coverage of a student employee that equals 75% of the cost of studentonly coverage. (d) State board means the state board of regents. (e) State educational institution has the meaning specified in K.S.A. 76-711, and amendments thereto, except that for purposes of this article, the university of Kansas medical center shall be considered a state educational institution separate from the university of Kansas, Lawrence, and its campuses. (f)(1) Student means any individual who meets each of the following conditions: (A) Is enrolled at a state educational institution, except as provided in paragraph (f)(1)(C)(iv); (B) is not eligible for coverage under K.A.R. 108-1-1; and (C) meets one of the following conditions: (i) Is a degree-seeking undergraduate student who is enrolled in at least six hours in the fall or spring semesters or at least three hours in the summer semester or is participating in an internship approved or sponsored by the state educational institution; (ii) is a masters degree student who is enrolled in at least three hours each semester; (iii) is an individual with J-1 or other nonimmigrant status; (iv) is an individual with nonimmigrant status who is engaged in optional practical training or academic training, even though the individual is not enrolled: (v) is a doctoral student; (vi) is a masters or doctoral student who is participating in an internship approved or sponsored by the state educational institution; or (vii) has been appointed as a postdoctoral fellow. (2) Student shall not include either of the following: (A) Except as provided in paragraph (f)(3), any individual who is enrolled exclusively in any of the following: (i) One or more semester-based internet courses; (ii) one or more semester-based television courses; (iii) one or more home study courses; or (iv) one or more correspondence courses; or (B) a concurrent enrollment pupil, as defined in K.S.A. 72-11a03, and amendments thereto. (3) The limitations of paragraph (f)(2)(A) shall not apply to any student employee whose official workstation is on the main campus of a state educational institution.
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(4) Each individual who meets the criteria for being a student, as specified in this subsection, at the time of application for coverage under the student health insurance program shall remain eligible for coverage throughout the coverage period. (g) Student employee means a student who meets one of the following conditions: (1) Is appointed for the current semester to a graduate assistant, graduate teaching assistant, or graduate research assistant position that is at least a 50% appointment; or (2) holds concurrent appointments to more than one graduate assistant, graduate teaching assistant, or graduate research assistant position that total at least a 50% appointment. (h) Student health insurance program means the health and accident insurance coverage or health care services of a health maintenance organization for which the state board has contracted pursuant to K.S.A. 75-4101, and amendments thereto. This regulation shall be effective on and after August 1, 2011. (Authorized by and implementing K.S.A. 2009 Supp. 75-4101; effective, T-88-6-14-07, June 14, 2007; effective Oct. 12, 2007; amended Aug. 1, 2011.) Andy Tompkins President and CEO
Doc. No. 039173

Permanent Administrative Regulations Article 35.RADIATION 28-35-135l. Definitions. As used in these regulations, each of the following terms shall have the meaning assigned in this regulation: (a) Lead equivalent means the thickness of lead affording the same attenuation, under specified conditions, as the material in question. (b) Leakage radiation means radiation emanating from the device source assembly, except for the following: (1) The useful beam; and (2) radiation produced when the exposure switch or timer is not activated for diagnosis or therapy. (c) Leakage technique factors means the technique factors associated with the tube housing assembly that are used in measuring leakage radiation. The leakage technique factors shall be defined as follows: (1) For diagnostic source assemblies intended for capacitor energy storage equipment, the maximum rated number of exposures in an hour for operation at the maximum rated peak tube potential, with the quantity of charge per exposure being 10 millicoulombs or the minimum obtainable from the unit, whichever is larger; (2) for diagnostic source assemblies intended for field emission equipment rated for pulsed operation, the maximum rated number of X-ray pulses in an hour for operation at the maximum rated peak tube potential; and (3) for all other diagnostic or therapeutic source assemblies, the maximum rated peak tube potential and the maximum rated continuous tube current for the maximum rated peak tube potential. (d) License means a document issued in accordance with these regulations specifying the conditions of use of radioactive material. (e) Licensed or registered material means radioactive material received, possessed, used, transferred, or disposed of under a general or specific license or registration issued by the department. (f) Licensee means any person who is licensed in accordance with these regulations. (g) Licensing state means any state that has been granted final designation by the conference of radiation control program directors, inc., for the regulatory control of NARM, as defined in K.A.R. 28-35-135n. (h) Light field means that area of the intersection of the light beam from the beam-limiting device and one plane in the set of planes parallel to and including the plane of the image receptor, whose perimeter is the locus of points at which the illumination is one-fourth of the maximum in the intersection. (i) Line-voltage regulation means the difference between the no-load and the load line potentials, expressed as a percent of the load line potential, using the following equation: Percent line-voltage regulation 100 (Vn-V1)/V 1
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State of Kansas
Kansas Insurance Department Committee on Surety Bonds and Insurance

Permanent Administrative Regulations Article 1.DEFINITIONS 131-1-1. Definition of purchase. (a) Purchase, as used in K.S.A. 75-4101 and amendments thereto, shall not include the purchase of insurance through a lease of real property that meets all of the following conditions: (1) The state agency is the lessee. (2) (A) The cost to insure the property is included as a part of the lease payment; or (B) the lessee is required to reimburse the lessor for the cost of the insurance. (3) The secretary of administration has approved the lease in accordance with K.S.A. 75-3739, and amendments thereto. (b) Purchase, as used in K.S.A. 75-4101 and amendments thereto, shall include the purchase of insurance through a lease of real property if all of the following conditions are met: (1) The state agency is the lessee. (2) The lease requires that the property be insured. (3) The lease requires the lessee to pay the insurance premium to the insurance company. (Authorized by K.S.A. 75-4111; implementing K.S.A. 2010 Supp. 75-4101 and K.S.A. 2010 Supp. 75-4109; effective March 18, 2011.) Sandy Praeger Kansas Insurance Commissioner
Doc. No. 039181
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where Vn No-load line potential and V1 Load line potential. (j) Local component means any part of an analytical X-ray system. This term shall include components that are struck by X-rays, including radiation source housings, port and shutter assemblies, collimators, sample holders, cameras, goniometers, detectors, and shielding. This term shall not include power supplies, transformers, amplifiers, readout devices, and control panels. (k) Logging supervisor means the individual who uses sources of radiation or provides personal supervision of the utilization of sources of radiation at a well site. (l) Logging tool means a device used subsurface to perform well logging. (m) Lost or missing licensed or registered source of radiation means a licensed or registered source of radiation whose location is unknown. This term shall include licensed or registered material that has been shipped but has not reached its planned destination and whose location cannot be readily traced in the transportation system. (n) Lot tolerance percent defective means the poorest quality, expressed as the percentage of defective units, in an individual inspection lot that may be accepted. (o) Low dose-rate remote afterloader means a brachytherapy device that remotely delivers a dose rate of less than or equal to two grays per hour at the point or surface where the dose is prescribed. (Authorized by K.S.A. 481607; implementing K.S.A. 48-1603 and 48-1607; effective Dec. 30, 2005; amended March 18, 2011.) 28-35-135t. Definitions. As used in these regulations, each of the following terms shall have the meaning assigned in this regulation: (a) Target means the part of a radiation head that by design intercepts a beam of accelerated particles, with the subsequent emission of other radiation. (b) Target-to-skin distance (TSD) means the distance measured along the beam axis from the center of the front surface of the X-ray target or electron virtual source to the irradiated object or patient. (c) Technique factors means the conditions of operation specified as follows: (1) For capacitor energy storage equipment, peak tube potential in kV and quantity of charge in mAs; (2) for field emission equipment rated for pulsed operation, peak tube potential in kV and number of X-ray pulses; and (3) for all equipment not specified in paragraphs (c)(1) and (2), peak tube potential in kV and either the tube current in mA and the exposure time in seconds or the product of the tube current and the exposure time in mAs. (d) Teletherapy means therapeutic irradiation in which the source of radiation is located at a distance from the body. (e) Teletherapy physicist means an individual identified as the qualified teletherapy physicist on a department license. (f) Temporary job site means a location where operations are performed and where sources of radiation may be stored, other than the location or locations of use authorized on the license or registration.
(g) Tenth-value layer (TVL) means the thickness of a specified material that attenuates X-radiation or gamma radiation to the extent that the air kerma rate, exposure rate, or absorbed dose rate is reduced to one-tenth of the value measured without the material at the same point. (h) Termination of irradiation means the stopping of irradiation in a fashion not permitting the continuance of irradiation without the resetting of operating conditions at the control panel. (i) Test means the process of verifying compliance with an applicable regulation. (j) Therapeutic dosage means a dosage of unsealed by-product material that is intended to deliver a radiation dose to a patient or human research subject for palliative or curative treatment. (k) Therapeutic dose means a radiation dose delivered from a source containing by-product material to a patient or human research subject for palliative or curative treatment. (l) Therapeutic-type tube housing means the following: (1) For X-ray equipment not capable of operating at 500 kVp or above, an X-ray tube housing constructed so that the leakage radiation, at a distance of one meter from the source, does not exceed one roentgen in an hour when the tube is operated at its maximum rated continuous current for the maximum rated tube potential; and (2) for X-ray equipment capable of operating at 500 kVp or above, an X-ray tube housing constructed so that the leakage radiation, at a distance of one meter from the source, does not exceed 0.1 percent of the useful beam dose rate at one meter from the source for any of the tubes operating conditions. Areas of reduced protection shall be acceptable if the average reading over any area of 100 cm2, at a distance of one meter from the source, does not exceed any of the values specified in this subsection. (m) These regulations means article 35 in its entirety. (n) Tomogram means the depiction of the X-ray attenuation properties of a section through the body. (o) Total effective dose equivalent and TEDE mean the sum of the effective dose equivalent for external exposures and the committed effective dose equivalent for internal exposures. (p) Total organ dose equivalent and TODE mean the sum of the deep dose equivalent and the committed dose equivalent delivered to the organ receiving the highest dose. (q) Traceable to a national standard means that a quantity or a measurement has been compared to a national standard directly or indirectly through one or more intermediate steps and that all comparisons are documented. (r) Transport index means the dimensionless number, rounded up to the first decimal place, placed on the label of a package to designate the degree of control to be exercised by the carrier during transportation. The transport index is the maximum radiation level in millirems per hour at one meter from the external surface of the package.
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0.25 0.15 0.12 0.12 0.03 0.03 0.30a 1.00b
(s) Tritium neutron-generator-target source means a tritium source used within a neutron generator tube to produce neutrons for use in well-logging applications. (t) Tube means an X-ray tube, unless otherwise specified. (u) Tube housing assembly means the tube housing with a tube installed, including high-voltage transformers or filament transformers, or both, and other appropriate elements when contained within the tube housing. (v) Treatment site means the anatomical description of the tissue intended to receive a radiation dose, as specified in a written directive. (w) Tube rating chart means the set of curves that describes the rated limits of operation of the tube in terms of the technique factors. (x) Type A package means packaging that, together with the radioactive contents limited to A1 or A2 as appropriate, is designed to retain the integrity of containment and shielding under normal conditions of transport as demonstrated by the tests specified in 49 CFR 173.465 or 49 CFR 173.466, as appropriate. (y) Type B package and type B transport container mean packaging that meets the applicable requirements specified in 10 CFR 71.51. (Authorized by K.S.A. 48-1607; implementing K.S.A. 48-1603 and 48-1607; effective Dec. 30, 2005; amended March 18, 2011.) 28-35-135w. Definitions. As used in these regulations, each of the following terms shall have the meaning assigned in this regulation: (a) Waste means any low-level radioactive waste that is acceptable for disposal in a land disposal facility. Low-level radioactive waste shall mean radioactive waste that meets both of the following conditions: (1) Is not classified as any of the following: (A) High-level radioactive waste; (B) spent nuclear fuel; (C) byproduct material, as defined in paragraphs (2), (3), and (4) in the definition of byproduct material in 10 CFR 20.1003, dated December 1, 2009; (D) uranium or thorium tailings; and (E) transuranic waste; and (2) is classified as low-level radioactive waste consistent with existing law and in accordance with paragraph (a)(1) by the nuclear regulatory commission. (b) Waste-handling licensee means any person licensed to receive and store radioactive wastes before disposal, any person licensed to dispose of radioactive waste, or any person licensed to both receive and dispose of radioactive waste. (c) Wedge filter means an added filter effecting continuous, progressive attenuation of all or part of the useful beam. (d) Week means seven consecutive days, starting on Sunday. (e) Weighting factor (wT) for an organ or tissue (T) means the proportion of the risk of stochastic effects resulting from irradiation of that organ or tissue to the total risk of stochastic effects when the whole body is irradiated uniformly. For calculating the effective dose equivalent, the values of wT shall be as follows:
ORGAN OR TISSUE DOSE WEIGHTING FACTORS Organ or Tissue (T) wT
a 0.30 results from 0.06 for each of the five remainder organs that receive the highest doses, excluding the skin and the lens of the eye. b For the purpose of weighting the external whole body dose in determining the total effective dose equivalent, a single weighting factor, wT 1.0, is specified. The use of other weighting factors for external exposure may be approved by the secretary if the licensee or registrant demonstrates that the effective dose to be received is within the limits specified in these regulations.
(f) Well bore means a drilled hole in which wireline service operations and subsurface tracer studies are performed. (g) Well logging means the lowering and raising of measuring devices or tools that could contain sources of radiation into well bores or cavities for the purpose of obtaining information about the well or adjacent formations. (h) Wet-source-change irradiator means an irradiator whose sources are replaced underwater. (i) Wet-source-storage irradiator means an irradiator whose sources are stored underwater. (j) Whole body, for purposes of external exposure, means the head and trunk, including the male gonads, and shall include the arms above the elbow and the legs above the knee. (k) Wireline means a cable containing one or more electrical conductors that is used to raise and lower logging tools in the well bore. (l) Wireline service operation means any evaluation or mechanical service that is performed in the well bore using devices on a wireline. (m) Worker means an individual, contractor, or subcontractor engaged in work that is performed under a license or registration, or both, issued by the department and that is controlled by a licensee or registrant, or both. This term shall not include a specific licensee or registrant. (n) Working level (WL) means any combination of short-lived radon daughters in one liter of air that will result in the ultimate emission of 1.3E+5 MeV of potential alpha particle energy. The short-lived radon daughters are the following: (1) For radon-222, the following: (A) Polonium-218; (B) lead-214; (C) bismuth-214; and (D) polonium-214; and (2) for radon-220, the following: (A) Polonium-216; (B) lead-212;
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(C) bismuth-212; and (D) polonium-212. (o) Working-level month (WLM) means an exposure to one working level for 170 hours. (p) Written directive means a written order for a specific patient that is dated and signed by an authorized user before the administration of a radiopharmaceutical or radiation and that contains any of the following sets of information: (1) For any administration of quantities greater than 1.11 megabecquerels (30 Ci) of sodium iodide I-125 or I-131, the radionuclide and dosage; (2) for a therapeutic administration of a radiopharmaceutical other than sodium iodide I-125 or I-131, the radiopharmaceutical, dosage, and route of administration; (3) for gamma stereotactic radiosurgery, the target coordinates, collimator size, plug pattern, and total dose; (4) for teletherapy, the total dose, dose per fraction, treatment site, and overall treatment period; (5) for high dose-rate remote afterloading brachytherapy, the radionuclide, treatment site, and total dose; or (6) for all other brachytherapy, the following information: (A) Before implantation, the radionuclide, number of sources, and source strengths; and (B) after implantation but before completion of the procedure, the radionuclide, treatment site, and either the total source strength and exposure time or the total dose. (Authorized by K.S.A. 48-1607; implementing K.S.A. 481603 and 48-1607; effective Dec. 30, 2005; amended March 18, 2011.) 28-35-175a. Persons licensed. (a) A licensed person shall not manufacture, produce, receive, use, possess, acquire, own, transfer, or dispose of radioactive material, except as authorized in a specific or general license issued pursuant to these regulations. Each manufacturer, producer, or processor of any equipment, device, commodity, or other product containing source or byproduct material, as defined in 10 CFR 20.1003, dated December 1, 2009, for which subsequent receipt, use, possession, acquisition, ownership, transfer, and disposal by any other person is exempted from these regulations shall obtain authority to transfer possession or control to the other person from the nuclear regulatory commission. (b) In addition to the requirements of this part, each licensee shall be subject to the requirements of part 1, part 4, and part 10 of these regulations. In addition to being subject to part 1, part 4, and part 10, specific licensees shall be subject to all of the following requirements: (1) Licensees using radioactive material in the healing arts shall be subject to the requirements of part 6. (2) Licensees using radioactive material in industrial radiography shall be subject to the requirements of part 7. (3) Licensees using radioactive material in wireline and subsurface tracer studies shall be subject to the requirements of part 11 of these regulations. (Authorized by and implementing K.S.A. 48-1607; effective, T-86-37, Dec. 11, 1985; effective May 1, 1986; amended Dec. 30, 2005; amended March 18, 2011.)
28-35-178b. General license; certain detecting, measuring, gauging, or controlling devices and certain devices for producing light or an ionized atmosphere. (a)(1) Subject to the provisions of subsections (b) and (c), each commercial and industrial firm, research, educational, and medical institution, individual in the conduct of the individuals business, and federal, state, or local government agency shall be deemed to have been issued a general license to acquire, receive, possess, use, or transfer radioactive material that is contained in any device designed, manufactured, and used for one or more of the following purposes: (A) Detecting, measuring, gauging, or controlling thickness, density, level interface location, radiation leakage, or qualitative or quantitative chemical composition; or (B) producing light or an ionized atmosphere. (2) The general license specified in paragraph (1) of this subsection shall apply only to radioactive material contained in any device that has been manufactured and labeled by a manufacturer in accordance with the specifications of a specific license issued to that manufacturer by the secretary, the nuclear regulatory commission, or an agreement state. (3) The general license specified in paragraph (1) of this subsection shall not apply to radioactive material in any device containing at least 370 MBq (10 mCi) of cesium-137, 3.7 MBq (0.1 mCi) of strontium-90, 37 MBq (1 mCi) of cobalt-60, 3.7 MBq (0.1 mCi) of radium-226, or 37 MBq (1 mCi) of americium-241 or any other transuranic element, based on the activity indicated on the label. (4) Each device shall have been received from one of the specific licensees described in paragraph (a)(2) or through a transfer made under paragraph (b)(9). (b) Each person who acquires, receives, possesses, uses, or transfers radioactive material in a device pursuant to the general license specified in subsection (a) shall comply with all of the following requirements: (1) Each person subject to this subsection shall ensure that all labels affixed to the device at the time of receipt and bearing a statement that removal of the label is prohibited are maintained and shall comply with all instructions and precautions provided by these labels. (2) Each person subject to this subsection shall ensure that the device is tested for leakage of radioactive material and proper operation of the on-off mechanism and indicator, if any, at no longer than six-month intervals or at any other intervals specified in any manufacturers label affixed to the device, except as follows: (A) The person shall not be required to test devices containing only krypton for leakage of radioactive material. (B) The person shall not be required to test, for any purpose, any device containing only tritium, not more than 100 microcuries of other beta-emitting or gammaemitting material, or 10 microcuries of alpha-emitting material or any device held in storage in the original shipping container before initial installation. (3) Each person subject to this subsection shall ensure that the tests required by paragraph (b)(2) and other operations involving testing, installation, servicing, and removal from installation of the radioactive material, its
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shielding, or containment, are performed in compliance with one of the following: (A) In accordance with instructions provided on labels affixed to the device; or (B) by a person holding a specific license issued under this part or equivalent regulations of NRC or an agreement state to perform the tests and other operations. (4)(A) Each person subject to this subsection shall maintain records showing compliance with the requirements of paragraphs (b)(2) and (b)(3). The records shall show the results of each test. The records also shall show the dates of the testing, installation, servicing, or removal from installation of the radioactive material, its shielding, or containment and the name of each person performing one or more of these tests and other operations. (B) Each person shall maintain records of tests for leakage of radioactive material required by paragraph (b)(2) for three years after the next required leak test is performed or until the sealed source is transferred or disposed of. Each person shall maintain records of tests of the on-off mechanism and indicator, as required by paragraph (b)(2), for three years after the next required test of the on-off mechanism and indicator is performed or until the sealed source is transferred or disposed of. Each person shall maintain the records required by paragraph (b)(3) for three years from the date of the recorded event or until the device is transferred or disposed of. (5) Upon a failure of or damage to, or any indication of a possible failure of or damage to, the shielding of the radioactive material or the on-off mechanism or indicator, or upon the detection of 0.005 microcurie or more removable radioactive material, each person subject to this subsection shall take the following actions: (A) Immediately suspend operation of the device until either of the following conditions is met: (i) The device has been repaired by the manufacturer or other person holding a specific license issued under this part or equivalent regulations of NRC or an agreement state to repair the device; or (ii) the device is transferred to a person authorized by a specific license to receive the radioactive material contained in the device; (B) within 30 days, furnish to the secretary a report containing a brief description of the event and the remedial action taken; and (C) within 30 days, if contamination of the premises or the environs is likely, furnish to the secretary a plan for ensuring that the premises and environs are acceptable for unrestricted use. The criteria for unrestricted use specified in K.A.R. 28-35-205 may be applicable, as determined by the secretary. (6) A person subject to this subsection shall not abandon the device. (7) A person shall not export any device containing radioactive material except in accordance with 10 CFR part 110. (8) (A) Each person shall transfer or dispose of any device containing radioactive material only by export as provided in paragraph (b)(7), by transfer to another general licensee as authorized in paragraph (b)(9), or to a person authorized to receive the device by a specific li-
cense issued under this part or equivalent regulations of NRC or an agreement state. (B) Each person shall furnish a report to the department within 30 days after the export of the device or the transfer of the device to a specific licensee. The report shall contain the following information: (i) The identification of the device by manufacturers name, model number, and serial number; (ii) the name, address, and license number of the person receiving the device; and (iii) the date of the transfer. (C) Each person shall obtain written department approval before transferring the device to any other specific licensee not specifically identified in paragraph (b)(8)(A). The holder of a specific license may transfer a device for possession and use under its own specific license without approval, if the holder performs the following: (i) Either verifies that the specific license authorizes the possession and use or applies for and obtains an amendment to the license authorizing the possession and use; (ii) ensures that the device is labeled in compliance with these regulations. The label shall retain the name of the manufacturer, the model number, and the serial number; (iii) obtains the manufacturers or initial transferors information concerning maintenance, including leak testing procedures that are applicable under the specific license; and (iv) reports the transfer as required by paragraph (b)(8)(B). (9) Any person subject to this subsection may transfer the device to another general licensee only if either of the following conditions is met: (A) The device remains in use at a particular location. In this case, the transferor shall give the transferee a copy of this regulation and any safety documents identified in any label affixed to the device and, within 30 days of the transfer, provide a written report to the secretary containing identification of the device by manufacturers name, model number, and serial number; the name and address of the transferee; and the name, telephone number, and position of an individual who can be contacted by the secretary concerning the device. (B) The device is held in storage in the original shipping container at its intended location of use before initial use by a general licensee. (10) Each person subject to this subsection shall comply with the provisions of K.A.R. 28-35-228a and K.A.R. 28-35-229a relating to reports of radiation incidents, theft, or loss of licensed material, but shall be exempt from the other requirements of parts 4 and 10 of these regulations. (11) Each person shall respond to all written requests from the department to provide information relating to the general license within 30 calendar days of the date of the request or on or before any other deadline specified in the request. If the person cannot provide the requested information within the allotted time, the person, within that same time period, shall request a longer period to supply the information by submitting a letter to the department and shall provide written justification as to why the person cannot comply.
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(12) Each general licensee shall appoint an individual responsible for having knowledge of the appropriate regulations and requirements and the authority for taking required actions to comply with appropriate regulations and requirements. The general licensee, through this individual, shall ensure day-to-day compliance with the appropriate regulations and requirements. This appointment shall not relieve the general licensee of any of the licensees responsibility in this regard. (13)(A) Each person shall register, in accordance with paragraph (b)(13)(B), each device generally licensed as required by this regulation. Each address for a location of use, as described in paragraph (b)(13)(B)(iv), shall represent a separate general licensee and shall require a separate registration and fee. (B) In registering each device, the general licensee shall furnish the following information and any other information specifically requested by the department: (i) The name and mailing address of the general licensee; (ii) information about each device as indicated on the label, including the manufacturers name, the model number, the serial number, and the radioisotope and activity; (iii) the name, title, and telephone number of the responsible person appointed as a representative of the general licensee under paragraph (b)(12); (iv) the address or location at which each device is used or stored, or both. For each portable device, the general licensee shall provide the address of the primary place of storage; (v) certification by the responsible representative of the general licensee that the information concerning each device has been verified through a physical inventory and a check of the label information; and (vi) certification by the responsible representative of the general licensee that the person is aware of the requirements of the general license. (14) Each person shall report any change in the mailing address for the location of use, including any change in the name of the general licensee, to the department within 30 days of the effective date of the change. For a portable device, a report of address change shall be required only for a change in the primary place of storage of the device. (15) No person may store a device that is not in use for longer than two years. If any device with shutters is not being used, the shutters shall be locked in the closed position. The testing required by paragraph (b)(2) shall not be required to be performed during the period of storage only. If the device is put back into service or transferred to another person and was not tested at the required test interval, the device shall be tested for leakage before use or transfer, and all shutters shall be tested before use. Each device kept in storage for future use shall be excluded from the two-year time limit if the general licensee performs quarterly physical inventories of the device while the device is in storage. (c) Nothing in this regulation shall be deemed to authorize the manufacture or import of any device containing radioactive material. (d) The general license specified in subsection (a) shall be subject to the provisions of K.A.R. 28-35-184a and
K.A.R. 28-35-184b. (Authorized by and implementing K.S.A. 48-1607; effective, T-86-37, Dec. 11, 1985; effective May 1, 1986; amended Nov. 1, 1996; amended March 24, 2006; amended July 27, 2007; amended March 18, 2011.) 28-35-178e. Americium-241 or radium-226 in the form of calibration or reference sources. (a) A general license to acquire, possess, use and transfer, in accordance with the provisions of subsections (b) and (c), americium241 or radium-226 in the form of calibration or reference sources is hereby issued to any person who holds a specific license issued by the nuclear regulatory commission that authorizes the agency to acquire, possess, use, and transfer by-product material, source material, or special nuclear material. (b) The general license issued in subsection (a) shall apply only to calibration or reference sources that have been manufactured or initially transferred in accordance with the specifications contained in a specific license issued by the secretary, the nuclear regulatory commission, or an agreement state. (c) The general license issued in subsection (a) shall be subject to the provisions of K.A.R. 28-35-184a, and to all of the provisions of parts 4 and 10 of these regulations. In addition, persons who acquire, possess, use, and transfer one or more calibration or reference sources pursuant to this general license shall meet the following requirements: (1) Not possess, at any one time, at any one location of storage or use, more than 5 microcuries of either americium-241 or radium-226 in such sources; (2) not receive, possess, use, or transfer such a source unless the source, or the storage container, bears a label that includes the following statement or a substantially similar statement that contains the information called for in the following statement:
The receipt, possession, use and transfer of this source, Model , Serial No. , are subject to a general license and the regulations of the United States Nuclear Regulatory Commission or of a State with which the commission has entered into an agreement for the exercise of regulatory authority. Do not remove this label. CAUTIONRADIOACTIVE MATERIALTHIS SOURCE CONTAINS AMERICIUM-241 (or RADIUM-226). DO NOT TOUCH RADIOACTIVE PORTION OF THIS SOURCE. (Name of manufacturer or initial transferor);
(3) not transfer, abandon, or dispose of such source except by transfer to a person authorized by a license issued by the secretary, the nuclear regulatory commission, or an agreement state to receive the source; (4) store such source, except when the source is being used, in a closed container designed and constructed to contain either americium-241 or radium-226 that might otherwise escape during storage; and (5) not use the source for any purpose other than the calibration of radiation detectors or the standardization of other sources. (d) The general license issued in this regulation shall not authorize the manufacture, or the importation or exportation, of calibration or reference sources containing either americium-241 or radium-226. (Authorized by and
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implementing K.S.A. 48-1607; effective, T-86-37, Dec. 11, 1985; effective May 1, 1986; amended March 18, 2011.) 28-35-178j. General license for use of radioactive material for certain in vivo clinical or laboratory testing. (a) Except as provided in subsections (b) and (c), each person shall be exempt from the license requirements in part 3 and part 6 of these regulations if the person receives, possesses, uses, transfers, owns, or acquires any capsules containing 37 kBq (1 Ci) of carbon-14 urea, allowing for nominal variation that may occur during the manufacturing process for in vivo diagnostic use for humans. (b) Before using the capsules specified in subsection (a) for research involving human subjects, each person shall apply and shall be considered for approval for a specific license. Each person shall be required to have a specific license before engaging in the research specified in this subsection. (c) Before manufacturing, preparing, processing, producing, packaging, repackaging, or transferring the capsules specified in subsection (a) for commercial distribution, each person shall apply and shall be considered for approval for a specific license. Each person shall be required to have a specific license before performing any of the actions specified in this subsection. (d Nothing in this regulation shall exempt any person from applicable FDA requirements, other federal requirements, and state requirements governing receipt, administration, and use of drugs. (Authorized by and implementing K.S.A. 48-1607; effective Dec. 30, 2005; amended March 18, 2011.) 28-35-180b. Financial assurance for decommissioning. (a) Each applicant for a specific license authorizing the possession and use of unsealed radioactive material with a half-life greater than 120 days and in quantities exceeding 105 times the applicable quantities specified in K.A.R. 28-35-201 shall submit a decommissioning funding plan as described in K.A.R. 28-35180b(e). Each applicant shall also submit the decommissioning funding plan if a combination of isotopes is involved and if R divided by 105 is greater than one, where R is defined here as the sum of the ratios of the quantity of each isotope to the applicable value specified in K.A.R. 28-35-201. (b) Each applicant for a specific license authorizing the possession and use of radioactive material with a half-life greater than 120 days and in quantities specified in table I shall submit either of the following: (1) A decommissioning funding plan as described in subsection (e); or (2) a certification that financial assurance for decommissioning has been provided in the amount prescribed by table I, using one of the methods described in subsection (f). The certification may state that the appropriate assurance is to be obtained after the application has been approved and the license has been issued, but before the receipt of licensed material. If the applicant defers execution of the financial instrument required under subsection (f) until after the license has been issued, a signed original of the financial instrument shall be submitted to the department before the applicant receives the licensed
material. If the applicant does not defer execution of the financial instrument required under subsection (f), the applicant shall submit to the department, as part of the certification, a signed original of the financial instrument. (c) Each holder of a specific license that is a type specified in subsection (a) or (b) shall provide financial assurance for decommissioning in accordance with the following requirements: (1) Each holder of a specific license that is a type specified in subsection (a) shall submit a decommissioning funding plan as specified in subsection (e) or a certification of financial assurance for decommissioning in an amount equal to at least $1,125,000.00. Each licensee shall submit the plan or certification to the department in accordance with the criteria specified in this regulation. If the licensee submits a certification of financial assurance rather than a decommissioning funding plan, the licensee shall include a decommissioning funding plan in any application for license renewal. (2) Each holder of a specific license that is a type specified in subsection (b) shall submit a decommissioning funding plan as specified in subsection (e) or a certification of financial assurance for decommissioning. Each licensee shall submit the plan or certification to the department, in accordance with the requirements specified in this regulation. (d) The amounts of financial assurance required for decommissioning, by quantity of material, shall be those specified in table I.
Table I Financial assurance for decommissioning by quantity of material If the possession limit is greater than 104 but less than or equal to 105 times the applicable quantities specified in K.A.R. 28-35-201, in unsealed form . . . . . . . . . . . . . . . . . $1,125,000.00 For a combination of isotopes, in unsealed form, if R, as defined in subsection (a), divided by 104 is greater than one, but R divided by 105 is equal to or less than one . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,125,000.00 If the possession limit is greater than 103 but less than or equal to 104 times the applicable quantities specified in K.A.R. 28-35-201, in unsealed form . . . . . . . . . . . . . . . . . $225,000.00 For a combination of isotopes, in unsealed form, if R, as defined in subsection (a), divided by 103 is greater than one, but R divided by 104 is less than or equal to one . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $225,000.00 If the possession limit is greater than 1010 times the applicable quantities specified in K.A.R. 28-35-201, in sealed sources or foils . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $113,000.00 For a combination of isotopes, in sealed sources or foils, if R, as defined in subsection (a), divided by 1010 is greater than one . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $113,000.00
(e) Each decommissioning funding plan shall contain the following: (1) A cost estimate for decommissioning; (2) a description of the method of ensuring funds for decommissioning, selected from the methods specified in subsection (f); (3) a description of the means for periodically adjusting cost estimates and associated funding levels over the life of the facility; (4) a certification by the licensee that financial assurance for decommissioning has been provided in the amount of the cost estimate for decommissioning; and
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(5) a signed original of the financial instrument obtained to satisfy the requirements specified in subsection (f). (f) Each licensee shall provide financial assurance for decommissioning by one or more of the following methods. (1) Prepayment. Prepayment shall mean cash or liquid assets that meet the following criteria: (A) Before the start of operation, are deposited into an account that is segregated from the licensees assets and outside of the licensees administrative control; and (B) consist of an amount that is sufficient to pay decommissioning costs. The prepayment may be in the form of a trust, escrow account, government fund, certificate of deposit, or deposit of government securities. (2) A surety instrument, insurance policy, or other guarantee method. The licensee may use a surety instrument, insurance policy, or other similar means to guarantee that decommissioning costs will be paid. A surety instrument may be in the form of a surety bond, letter of credit, or line of credit. A parent companys guarantee of funds for decommissioning costs based on a financial test may be used if the guarantee and test meet the requirements of K.A.R. 28-35-203. A parent companys guarantee shall not be used in combination with other financial methods to meet the requirements in this regulation. A guarantee of funds by the applicant or licensee for decommissioning costs based on a financial test may be used if the guarantee and test meet the requirements of K.A.R. 28-35-203. A guarantee by the applicant or licensee shall not be used in combination with any other financial methods to meet the requirements in this regulation or in any situation in which a parent company of the applicant or licensee holds majority control of the voting stock of the company. Each surety instrument or insurance policy used to provide financial assurance for decommissioning shall contain the following requirements: (A) The surety instrument or insurance policy shall be open-ended or, if written for a specified term, shall be renewed automatically, unless 90 days or more before the renewal date, the insurer notifies the department, the beneficiary, and the licensee of the insurers intention not to renew. The surety instrument or insurance policy shall also provide that the full face amount will be paid to the beneficiary automatically before the expiration without proof of forfeiture if the licensee fails to provide a replacement that meets the requirements of this regulation within 30 days after receipt of notification of cancellation. (B) The surety instrument or insurance policy shall be payable to an approved trust established for decommissioning costs. The trustee may include an appropriate state or federal agency or an entity that has the authority to act as a trustee and whose trust operations are regulated and examined by a federal or state agency. (C) The surety instrument or insurance policy shall remain in effect until the license is terminated by the department. (3) External sinking fund. A licensee may provide financial assurance for decommissioning through an external sinking fund in which deposits are made at least annually, coupled with a surety instrument or insurance
policy. The value of the surety instrument or insurance policy may decrease by the amount accumulated in the sinking fund. External sinking fund shall mean a fund that meets both of the following conditions: (A) Is established and maintained by setting aside funds periodically in an account segregated from the licensees assets and outside the licensees administrative control; and (B) contains a total amount of funds sufficient to pay the decommissioning costs when termination of the operation is expected. An external sinking fund may be in the form of a trust, escrow account, government fund, certificate of deposit, or deposit of government securities. The surety or insurance provisions shall meet the requirements specified in this subsection. (4) Statement of intent. Any federal, state, or local government licensee may submit a statement of intent containing a cost estimate for decommissioning or an amount based on table I of this regulation and indicating that funds for decommissioning will be obtained when necessary. (g) Each person licensed under subsections (a) through (g) shall keep records of all information that is relevant to the safe and effective decommissioning of the facility. The records shall be kept in an identified location until the license is terminated by the department. If records of relevant information are kept for other purposes, the licensee may refer to these records and the location of these records within the records kept pursuant to this subsection. (h) Each licensee shall maintain decommissioning records, which shall consist of the following information: (1) Records of spills or other unusual occurrences involving the spread of contamination in and around the facility, equipment, or site. These records may be limited to records of instances in which contamination remains after any cleanup procedures or when there is reasonable likelihood that contaminants could have spread to inaccessible areas. These records shall include any known information identifying the nuclides, quantities, forms, and concentrations involved in the spill or occurrence; (2) drawings of the following, both as originally built and, if applicable, as modified: (A) The structures and equipment in restricted areas where radioactive materials are used or stored, or both; and (B) the locations of possible inaccessible contamination. If the licensee refers to required drawings other than those kept pursuant to this regulation, the licensee shall not be required to index each relevant document individually. If drawings are not available, the licensee shall substitute available information concerning these areas and locations; (3) a list of the following information, which shall be contained in a single document and updated every two years: (A) All areas designated and formerly designated as restricted areas; (B) all areas outside of restricted areas that require the documentation specified in this subsection; (C) all areas outside of restricted areas where current and previous wastes have been buried and documented as specified in K.A.R. 28-35-227j; and
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(D) all areas outside of restricted areas that contain material so that, if the license expired, the licensee would be required either to decontaminate the area to unrestricted release levels or to apply for approval for disposal as specified in K.A.R. 28-35-225a. Those areas containing sealed sources only shall not be included in the list if the sources have not leaked, no contamination remains in the area after any leak, or the area contains only radioactive materials having half-lives of less than 65 days; and (4) the following records: (A) Records of the cost estimate performed for the decommissioning funding plan or records of the amount certified for decommissioning; and (B) if either a funding plan or certification is used, records of the funding method used for assuring funds. (i) Each applicant for a specific license shall make arrangements for a long-term care fund pursuant to K.S.A. 48-1623, and amendments thereto. Each applicant for any of the following types of specific licenses shall establish the long-term care fund before the issuance of the license or before the termination of the license if the applicant chooses, at the time of licensure, to provide a surety instrument in lieu of a long-term care fund: (1) Waste-handling licenses; (2) source material milling licenses; and (3) licenses for any facilities formerly licensed by the U.S. atomic energy commission or the nuclear regulatory commission, if required. (j)(1) Each applicant shall agree to notify the department, in writing, immediately following the filing of a voluntary or involuntary petition for bankruptcy under any chapter of title 11, bankruptcy, of the United States code by or against any of the following: (A) The licensee; (B) any person controlling the licensee or listing the license or licensee as property of the estate; or (C) any affiliate of the licensee. (2) The bankruptcy notification shall indicate the following: (A) The name of the bankruptcy court in which the petition for bankruptcy was filed; and (B) the date on which the petition was filed. (Authorized by and implementing K.S.A. 48-1607; effective Dec. 30, 2005; amended March 18, 2011.) 28-35-181a. Specific licenses for human use of radioactive material in medical institutions. An application for a specific license for human use of radioactive material in institutions shall not be approved unless all of the following conditions are met: (a) The applicant has appointed a radiation safety committee as specified in 10 CFR 35.24(f), which is adopted by reference in K.A.R. 28-35-264. (b) The applicant possesses adequate facilities for the clinical care of patients. (c) The physician or physicians designated on the application as the user or users have substantial experience in handling and administering radioactive materials and, if applicable, clinical management of radioactive patients. (d) If the application is for a license to use unspecified quantities or multiple types of radioactive material, the
applicant or applicants staff has substantial experience in the use of a variety of radioactive materials for a variety of human uses. (Authorized by and implementing K.S.A. 48-1607; effective, T-86-37, Dec. 11, 1985; effective May 1, 1986; amended March 18, 2011.) 28-35-181e. (Authorized by and implementing K.S.A. 48-1607; effective, T-86-37, Dec. 11, 1985; effective May 1, 1986; amended Dec. 30, 2005; revoked March 18, 2011.) 28-35-181j. Specific licenses to manufacture and distribute calibration sources containing americium-241 or radium-226. (a) An application for a specific license to manufacture or initially transfer calibration or reference sources containing americium-241 or radium-226 for distribution to persons generally licensed under K.A.R. 2835-178e shall not be approved unless the following requirements are met: (1) The applicant shall satisfy the general requirements of part 3 of these regulations. (2) The applicant shall submit sufficient information regarding each type of calibration or reference source pertinent to evaluation of the potential radiation exposure, including the following: (A) Chemical and physical form and maximum quantity of americium-241 or radium-226 in the source; (B) details of construction and design; (C) details of the method of incorporation and binding of the americium-241 or radium-226 in the source; (D) procedures for and results of prototype testing of sources that are designed to contain more than 0.005 microcurie of americium-241 or radium-226, to demonstrate that the americium-241 or radium-226 contained in each source will not be released or be removed from the source under normal conditions of use; (E) details of quality control procedures to be followed in manufacture of the source; (F) description of labeling to be affixed to the source or the storage container for the source; and (G) any additional information, including experimental studies and tests, required by the department to facilitate a determination of the safety of the source. (3) Each source shall contain no more than 5 Ci of americium-241 or radium-226. (4) The method of incorporation and binding of more than 0.005 Ci of the americium-241 or radium-226 in the source shall prevent the release or removal of americium241 or radium-226 from the source under normal conditions of use and handling of the source. (5) The applicant shall conduct prototype tests, in the order listed, on each of five prototypes of the source containing more than 0.185 kilobecquerel (0.005 microcurie) of americium-241 or radium-226, and the five prototype sources shall have passed the prototype test, as follows: (A) Initial measurement. The quantity of radioactive material deposited on the source shall be measured by direct counting of the source. (B) Dry wipe test. The entire radioactive surface of the source shall be wiped with filter paper with the application of moderate finger pressure. Removal of radioactive material from the source shall be determined by meas(continued)
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uring the radioactivity on the filter paper or by direct measurement of the radioactivity on the source following the dry wipe. (C) Wet wipe test. The entire radioactive surface of the source shall be wiped with filter paper, moistened with water, with the application of moderate finger pressure. Removal of radioactive material from the source shall be determined by measuring the radioactivity on the filter paper after the paper has dried or by direct measurement of the radioactivity on the source following the wet wipe. (D) Water soak test. The source shall be immersed in water at room temperature for 24 consecutive hours. The source shall then be removed from the water. Removal of radioactive material from the source shall be determined by direct measurement of the radioactivity on the source after the source has dried or by measuring the radioactivity in the residue obtained by evaporation of the water in which the source was immersed. (E) Dry wipe test. On completion of the water soak test, the dry wipe test described in paragraph (a)(5)(B) shall be repeated. (F) Observations. Removal of more than 0.005 microcurie of radioactivity in any test prescribed by paragraph (a)(5) shall be cause for rejection of the source design. Results of prototype tests submitted to the nuclear regulatory commission shall be given in terms of radioactivity in microcuries and percent of removal from the total amount of radioactive material deposited on the source. (6) Each source or storage container for the source shall have a label affixed that contains sufficient information about safe use and storage of the source and includes the following or an equivalent statement:
The receipt, possession, use and transfer of this source, Model , Serial No. , are subject to a general license and the regulations of the United States Nuclear Regulatory Commission or of a State with which the commission has entered into an agreement for the exercise of regulatory authority. Do not remove this label. CAUTIONRADIOACTIVE MATERIALTHIS SOURCE CONTAINS AMERICIUM-241 (or RADIUM-226). DO NOT TOUCH RADIOACTIVE PORTION OF THIS SOURCE. (Name of manufacturer or initial transferor).
or equivalent regulations of an agreement state or the nuclear regulatory commission. (Authorized by and implementing K.S.A. 48-1607; effective, T-86-37, Dec. 11, 1985; effective May 1, 1986; amended March 18, 2011.) 28-35-181m. Specific licenses to manufacture, prepare, or distribute radiopharmaceuticals containing radioactive material for medical use. An application for a specific license to manufacture, prepare, or distribute radiopharmaceuticals containing radioactive material and used by persons as specified in part 6 of these regulations shall not be approved unless the applicant meets the requirements of this regulation and all other applicable requirements of these regulations. (a) Each applicant shall meet the requirements specified in K.A.R. 28-35-180a. (b) Each applicant shall submit evidence of either of the following: (1) The radiopharmaceutical containing radioactive material is subject to the federal food, drug and cosmetic act or the public health service act and will be manufactured, labeled, and packaged in accordance with a new drug application (NDA) approved by the food and drug administration (FDA), a biologic product license issued by the FDA, or a notice of claimed investigational exemption for a new drug (IND) accepted by the FDA. (2) The manufacture and distribution of the radiopharmaceutical containing radioactive material is not subject to the federal food, drug, and cosmetic act or the public health service act. (c) Each applicant shall submit evidence of at least one of the following: (1) The applicant is registered or licensed with the U.S. food and drug administration as a drug manufacturer. (2) The applicant is registered or licensed with a state agency as a drug manufacturer. (3) The applicant is licensed as a pharmacy by the state board of pharmacy. (4) The applicant is operating as a nuclear pharmacy within a federal medical institution. (5) The applicant is operating a positron emission tomography (PET) drug production facility. (d) Each applicant shall submit the following information on the radionuclide: (1) The chemical and physical form of the material; (2) the packaging in which the radionuclide is shipped, including the maximum activity per package; and (3) evidence that the shielding provided by the packaging of the radioactive material is appropriate for the safe handling and storage of radiopharmaceuticals by group licensees. (e)(1) Each applicant shall submit a description of the following: (A) A label that shall be affixed to each transport radiation shield, whether the shield is constructed of lead, glass, plastic, or other material, of a radioactive drug to be transferred for commercial distribution. The label shall include the following: (i) The radiation symbol and the words CAUTION RADIOACTIVE MATERIAL or DANGER RADIOACTIVE MATERIAL; (ii) the name of the radioactive drug and the abbreviation; and
(b) Each person licensed under this regulation shall perform a dry wipe test upon each source containing more than 3.7 kilobecquerels (0.1 microcurie) of americium-241 or radium-226 before transferring the source to a general licensee in accordance with K.A.R. 28-35-178e or equivalent regulations of an agreement state or the nuclear regulatory commission. This test shall be performed by wiping the entire radioactive surface of the source with a filter paper with the application of moderate finger pressure. The radioactivity on the paper shall be measured by using radiation detection instrumentation capable of detecting 0.185 kilobecquerel (0.005 microcurie) of americium-241 or radium-226. If this test discloses more than 0.185 kilobecquerel (0.005 microcurie) of radioactive material, the source shall be deemed to be leaking or losing americium-241 or radium-226 and shall not be transferred to a general licensee in accordance with K.A.R. 28-35-178e
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(iii) the quantity of radioactivity at a specified date and time. For radioactive drugs with a half-life greater than 100 days, the time may be omitted; and (B) a label that shall be affixed to each syringe, vial, or other container used to hold a radioactive drug to be transferred for commercial distribution. The label shall include the radiation symbol and the words CAUTION RADIOACTIVE MATERIAL or DANGER RADIOACTIVE MATERIAL and an identifier that ensures that the syringe, vial, or other container can be correlated with the information on the transport radiation shield label. (2) The labels, leaflets, or brochures required by this regulation shall be made in addition to the labeling required by the FDA. The labels, leaflets, or brochures may be separate from the FDA labeling, or with the approval of the FDA, the labeling may be combined with the labeling required by the FDA. (f) All of the following shall apply to each licensee described in paragraph (c)(3) or (c)(4), or both: (1) The licensee may prepare radioactive drugs for medical use, if each radioactive drug is prepared by either an authorized nuclear pharmacist, as specified in paragraphs (2) and (4) of this subsection, or an individual under the supervision of an authorized nuclear pharmacist. (2) The licensee may allow a pharmacist to work as an authorized nuclear pharmacist if at least one of the following conditions is met: (A) The pharmacist qualifies as an authorized nuclear pharmacist. (B) The pharmacist meets the requirements specified in 10 CFR 35.55 (b) and 35.59, and the licensee has received an approved license amendment identifying this individual as an authorized nuclear pharmacist. (C) The pharmacist is designated as an authorized nuclear pharmacist in accordance with paragraph (4) of this subsection. (3) The actions authorized in paragraphs (1) and (2) of this subsection shall be permitted in spite of more restrictive language in license conditions. (4) The licensee may designate a pharmacist as an authorized nuclear pharmacist if the individual is a nuclear pharmacist preparing radioactive drugs and identified as an authorized user on a nuclear pharmacy license issued under this part. (5) Each licensee shall provide the following to the department no later than 30 days after the date that the licensee allows, pursuant to paragraphs (2)(A) and (2)(C) of this subsection, the individual to work as an authorized nuclear pharmacist: (A) A copy of each individuals certification by a specialty board whose certification process has been recognized as specified in 10 CFR 35.55(a), as adopted by reference in K.A.R. 28-35-264, the department or agreement state license, or the permit issued by a licensee of broad scope, or nuclear regulatory commission master materials permittee; and (B) a copy of the state pharmacy license or registration. (g) Each licensee shall possess and use instrumentation to measure the radioactivity of radioactive drugs. Each licensee shall have procedures for using the instrumentation. Each licensee shall measure, by direct measure-
ment or by combination of measurements and calculations, the amount of radioactivity in dosages of alpha-, beta-, or photon-emitting radioactive drugs before transfer for commercial distribution. Each licensee shall meet the following requirements: (1) Perform tests before initial use, periodically, and following repair on each instrument for accuracy, linearity, and geometry dependence, as appropriate for the use of the instrument, and make adjustments if necessary; and (2) check each instrument for constancy and proper operation at the beginning of each day of use. (h) Nothing in these regulations shall exempt the licensee from the requirement to comply with applicable FDA requirements and other federal and state requirements governing radioactive drugs. (Authorized by and implementing K.S.A. 48-1607; effective, T- 86-37, Dec. 11, 1985; effective May 1, 1986; amended Dec. 30, 2005; amended July 27, 2007; amended March 18, 2011.) 28-35-181o. Specific licenses to manufacture and distribute sources and devices for use as a calibration, transmission, or reference source or for certain medical uses. (a) Each application for a specific license to manufacture and distribute sources and devices containing radioactive material to persons licensed as specified in K.A.R. 28-35-181d for use as a calibration, transmission, or reference source or for one or more of the uses listed in 10 CFR 35.400, 35.500, 35.600, and 35.1000, as adopted by reference in K.A.R. 28-35-264, shall include the following information regarding each type of source or device: (1) The radioactive material contained, its chemical and physical form, and amount; (2) details of design and construction of the source or device; (3) procedures for, and results of, prototype tests to demonstrate that the source or device will maintain its integrity under stresses likely to be encountered in normal use and in accidents; (4) for devices containing radioactive material, the radiation profile for a prototype device; (5) details of quality control procedures to ensure that the production sources and devices meet the standards of the design and prototype tests; (6) procedures and standards for calibrating sources and devices; (7) legend and methods for labeling sources and devices as to their radioactive content; (8) radiation safety instructions for handling and storing the source or device. These instructions shall be included on a durable label attached to the source or device. However, instructions that are too lengthy for the label may be summarized on the label and printed in detail on a brochure that is referenced on the label; and (9) the label that is to be affixed to the source or device or to the permanent storage container for the source or device. The label shall contain information on the radionuclide, quantity, and date of assay, and a statement that the source or device is licensed by the department for distribution to persons licensed under K.A.R. 28-35-181d or under an equivalent license of the U.S. nuclear regu(continued)
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latory commission or an agreement state. Labeling for sources that do not require long-term storage may be on a leaflet or brochure that is to accompany the source. (b) (1) If the applicant wants to have the source or device required to be tested for leakage of radioactive material at intervals longer than six months, the applicant shall include in the application sufficient information to demonstrate that the longer interval is justified by performance characteristics of the source or device, or similar sources or devices, and by design features that have a significant bearing on the probability or consequences of leakage of radioactive material from the source. (2) In determining the acceptable interval between tests for leakage of radioactive material, information that includes the following shall be considered by the secretary: (A) The nature of the primary containment; (B) the method for protection of the primary containment; (C) the method of sealing the containment; (D) containment construction materials; (E) the form of the contained radioactive material; (F) the maximum temperature withstood during prototype tests; (G) the maximum pressure withstood during prototype tests; (H) the maximum quantity of contained radioactive material; (I) the radiotoxicity of contained radioactive material; and (J) the applicants operating experience with identical sources or devices or with similarly designed and constructed sources or devices. (Authorized by and implementing K.S.A. 48-1607; effective, T-86-37, Dec. 11, 1985; effective May 1, 1986; amended July 27, 2007; amended March 18, 2011.) 28-35-192b. Exemptions; exempt concentrations of radioactive materials. (a) Except as provided in K.A.R. 28-35-184a(e), a person shall be exempt from these regulations to the extent that the person acquires, possesses, uses, transfers, or owns products or materials containing radioactive material in concentrations not exceeding those specified in K.A.R. 28-35-198a. (b) A person shall be exempt from these regulations to the extent that the person acquires, possesses, uses, or transfers products containing naturally occurring radionuclides of elements with an atomic number less than 82, in isotopic concentrations not in excess of those that occur naturally. (c) This regulation shall not be deemed to authorize the import of radioactive material or products containing radioactive material. (d) A person who manufactures, processes, or produces a product or material shall be exempt from the requirements for a license as set forth in these regulations to the extent that the transfer of the radioactive material contained in the product or material is in concentrations not in excess of the amounts specified in K.A.R. 28-35198a and is introduced into the product or material by a licensee holding a specific license issued by the department expressly authorizing such introduction. This ex Kansas Secretary of State 2011
emption shall not apply to the transfer of radioactive material contained in any food, beverage, cosmetic, drug, or other commodity or product designed for ingestion or inhalation by, or application to, a human being. (e) No person shall introduce radioactive material into a product or material knowing, or having reason to believe, that the product or material will be transferred to a person exempt from these regulations under subsection (a) or under an equivalent regulation of the nuclear regulatory commission or an agreement state, except in accordance with a specific license issued under K.A.R. 2835-181e or the general license issued in K.A.R. 28-35-194a. (Authorized by and implementing K.S.A. 48-1607; effective, T-86-37, Dec. 11, 1985; effective May 1, 1986; amended March 18, 2011.) 28-35-192c. Exceptions; other radioactive material. Except for persons who apply tritium, promethium147, or radium to, or persons who incorporate tritium, promethium-147, or radium into, the products listed in this regulation, any person shall be exempt from these regulations to the extent that the person acquires, possesses, uses, or transfers any of the following products: (a) Timepieces or hands or dials containing radium, or timepieces, hands, or dials containing not more than the following specified quantities of other radioactive materials: (1) 25 millicuries of tritium per timepiece; (2) 5 millicuries of tritium per hand; (3) 15 millicuries of tritium per dial. Bezels, when used, shall be considered as part of the dial; (4) 100 microcuries of promethium-147 per watch or 200 microcuries of promethium-147 per any other timepiece; (5) 20 microcuries of promethium-147 per watch hand or 40 microcuries of promethium-147 per hand on other timepieces; (6) 60 microcuries of promethium-147 per watch dial or 120 microcuries of promethium-147 per dial on other timepieces. Bezels, when used, shall be considered as part of the dial. The levels of radiation from hands and dials containing promethium-147 shall not exceed the following, when measured through 50 milligrams per square centimeter of absorber: (A) For wrist watches, 0.1 millirad per hour at 10 centimeters from any surface; (B) for pocket watches, 0.1 millirad per hour at one centimeter from any surface; and (C) for any other timepiece, 0.2 millirad per hour at 10 centimeters from any surface; and (7) for intact timepieces manufactured before November 30, 2007, 0.037 megabecquerel (1 microcurie) of radium-226 per timepiece; (b) balances of precision containing not more than one millicurie of tritium per balance or not more than 0.5 millicurie of tritium per balance part manufactured before December 17, 2007; (c) marine compasses containing not more than 750 millicuries of tritium gas and other marine navigational instruments containing not more than 250 millicuries of tritium gas manufactured before December 17, 2007; (d) ionization chamber smoke detectors containing not more than one microcurie (Ci) of americium-241 per de-
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tector in the form of a foil and designed to protect life and property from fires; (e) electron tubes. The levels of radiation from each electron tube containing radioactive material shall not exceed one millirad per hour at one centimeter from any surface when measured through seven milligrams per square centimeter of absorber. For purposes of this subsection, electron tubes shall include spark gap tubes, power tubes, gas tubes including glow lamps, receiving tubes, microwave tubes, indicator tubes, pickup tubes, radiation detection tubes, and any other completely sealed tube that is designed to conduct or control electrical currents. An electron tube shall not contain more than one of the following specified quantities of radioactive material: (1) 150 millicuries of tritium per microwave receiver protector tube or 10 millicuries of tritium per any other electron tube; (2) 1 microcurie cobalt-60; (3) 5 microcuries nickel-63; (4) 30 microcuries krypton-85; (5) 5 microcuries cesium-137; or (6) 30 microcuries promethium-147; and (f) ionizing radiation measuring instruments containing, for purposes of internal calibration or standardization, sources of radioactive material. No source shall exceed the applicable quantity set forth in K.A.R. 28-35-197a. No single instrument shall contain more than 10 sources. For the purposes of this subsection, 0.05 Ci of Am-241 shall be considered an exempt quantity. (Authorized by and implementing K.S.A. 48-1607; effective, T-86-37, Dec. 11, 1985; effective May 1, 1986; amended March 18, 2011..) 28-35-192d. (Authorized by and implementing K.S.A. 1984 Supp. 48-1607; effective, T-86-37, Dec. 11, 1985; effective May 1, 1986; revoked March 18, 2011.) 28-35-192e. Exemptions; gas and aerosol detectors containing radioactive material. (a) Except for persons who manufacture, process, or produce gas and aerosol detectors containing radioactive material or who initially transfer these products for sale or distribution, each person who acquires, receives, owns, possesses, uses, or transfers radioactive material in gas and aerosol detectors designed to protect life or property from fires and airborne hazards shall be exempt from these regulations. Each detector shall have been manufactured, processed, produced, imported, or initially transferred in accordance with a specific license issued by the secretary pursuant to K.A.R. 28-35-181q or a license issued by the nuclear regulatory commission or by an agreement state pursuant to an equivalent regulation of the nuclear regulatory commission or the agreement state. (b) Gas and aerosol detectors previously manufactured and distributed before November 30, 2007 to general licensees in accordance with a specific license issued by an agreement state shall be exempt under subsection (a) if the device is labeled in accordance with the specific license authorizing distribution of the general licensed device and if the detectors meet the requirements of K.A.R. 28-35-181r.
(c) Each person who desires to manufacture, process, or produce gas and aerosol detectors containing radioactive material, or to initially transfer these products for use pursuant to this regulation, shall apply for a license pursuant to K.A.R. 28-35-181q. (Authorized by and implementing K.S.A. 48-1607; effective, T-86-37, Dec. 11, 1985; effective May 1, 1986; amended March 18, 2011.) 28-35-192g. Exemptions; exempt quantities. (a) Except as provided in subsections (c) through (e), each person who acquires, possesses, uses, owns, receives, or transfers radioactive material in individual quantities that do not exceed the applicable quantity specified in K.A.R. 28-35-197a shall be exempt from these regulations. (b) Each person who possesses radioactive material received or acquired before January 1, 1972 under the general license then provided in K.A.R. 28-35-178a shall be exempt from these regulations to the extent that the person possesses, uses, or transfers that radioactive material. This exemption shall not apply to radium-226. (c) This regulation shall not authorize the production, packaging, repackaging, or transfer of radioactive material for purposes of commercial distribution, or the incorporation of radioactive material into products intended for commercial distribution. (d) No person shall, for purposes of commercial distribution, transfer radioactive material in the individual quantities specified in K.A.R. 28-35-197a knowing, or having reason to believe, that those quantities of radioactive material will be transferred to a person exempt under this regulation or an equivalent regulation of the nuclear regulatory commission or an agreement state, except in accordance with a specific license issued by the secretary under K.A.R. 28-35-181r, an equivalent regulation of the nuclear regulatory commission, or an equivalent regulation of an agreement state. (e) No person shall, for purposes of producing an increased radiation level, combine quantities of radioactive material covered by this exemption so that the aggregate quantity exceeds the individual quantities specified in K.A.R. 28-35-197a. (Authorized by and implementing K.S.A. 48-1607; effective, T-86-37, Dec. 11, 1985; effective May 1, 1986; amended March 18, 2011.) 28-35-194a. Reciprocal recognition of licenses. (a) Subject to other provisions in this regulation, any person may apply for a general license to conduct activities within this state without obtaining a specific license from the secretary, if all of the following conditions are met: (1) The person possesses a specific license issued by the nuclear regulatory commission or an agreement state, other than this state, that authorizes the proposed activities. (2) The person does not conduct any activities authorized by any general license issued under this regulation for a period totalling more than 180 days in a calendar year. (3) The specific license does not limit the activity authorized to a specified installation or location. (4) The person notifies the department in writing at least five days before engaging in the activity. The notification shall indicate the location, period, and type of
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proposed possession and use within the state and shall be accompanied by a copy of the specific license. If, for a specific case, the five-day period would impose an undue hardship, the person may, upon application to the department, obtain permission by letter, facsimile, or electronic communication to proceed. (5) The person complies with all applicable regulations of the secretary and with all the terms and conditions of the specific license, except any term or condition of the license that is inconsistent with these regulations. (6) The person supplies any information requested by the department. (7) The person does not transfer or dispose of radioactive material possessed or used under the general license provided in this regulation except by transfer to a person who meets either of the following conditions: (A) Is specifically licensed by the department or the nuclear regulatory commission to receive the material; or (B) is exempt from the requirements for a license for that material under K.A.R. 28-35-192a, 28-35-192b, 28-35192c, 28-35-192d, 28-35-192e, 28-35-192f, or 28-35-192g. (b) Any person who holds a specific license issued by the nuclear regulatory commission, or an agreement state that authorizes the person to manufacture, transfer, install, or service a device described in K.A.R. 28-35-178b within areas subject to the jurisdiction of the licensing body is issued a general license to manufacture, install, transfer, or service those devices in this state subject to the following requirements: (1) The person shall satisfy the requirements of K.A.R. 28-35-184a(e)(1) and (2). (2) The device shall be manufactured, labeled, installed, and serviced in accordance with the provisions of the specific license issued to the person by the nuclear regulatory commission or the agreement state. (3) The person shall ensure that any labels required to be affixed to the device, under regulations of the authority that licensed the manufacture of the device, and that bear the statement Removal of this label is prohibited are affixed to the device. (4) The person shall furnish to each general licensee to whom the person transfers the device, or on whose premises the person installs the device, a copy of the general license issued in K.A.R. 28-35-178b. (c) Acceptance of any specific license recognized under this regulation or any product distributed pursuant to such a license may be withdrawn, limited, or qualified by the secretary, upon determining that the action is necessary in order to protect health or minimize danger to life or property. (Authorized by and implementing K.S.A. 481607; effective, T-86-37, Dec. 11, 1985; effective May 1, 1986; amended March 18, 2011.) 28-35-212a. Occupational dose limits for adults. (a) Each licensee or registrant shall control the occupational dose to individual adults, except for planned special exposures to the following dose limits: (1) The annual limit shall be the more limiting of either of the following: (A) The total effective dose equivalent being equal to 0.05 Sv (5 rem); or (B) the sum of the deep dose equivalent and the committed dose equivalent to any individual organ or tissue
other than the lens of the eye being equal to 0.50 Sv (50 rem). (2) The annual limits to the lens of the eye, to the skin, and to the extremities shall be the following: (A) An eye dose equivalent of 0.15 Sv (15 rem); and (B) a shallow dose equivalent of 0.50 Sv (50 rem) to the skin or to any extremity. (b) Doses received in excess of the annual limits, including doses received during accidents, emergencies, and planned special exposures, shall be subtracted from the limits for planned special exposures that the individual could receive during the current year and during the individuals lifetime. (c) When the external exposure is determined by measurement with an external personal monitoring device, the deep dose equivalent shall be used in place of the effective dose equivalent, unless the effective dose equivalent is determined by a dosimetry method approved by the secretary. The assigned deep dose equivalent shall be for the portion of the body receiving the highest exposure. The assigned shallow dose equivalent shall be the dose averaged over the contiguous 10 square centimeters of skin receiving the highest exposure. (1) The deep dose equivalent, eye dose equivalent, and shallow dose equivalent may be assessed from surveys or other radiation measurements for the purpose of demonstrating compliance with the occupational dose limits, if the individual monitoring device was not in the region of highest potential exposure or the results of individual monitoring are unavailable. (2) If a protective apron is worn by medical fluoroscopists performing special and interventional fluoroscopic procedures and monitoring is conducted as specified in K.A.R. 28-35-217a, the use of weighting factors in determining the effective dose equivalent for external radiation may be approved by the secretary upon receipt of a written request. In no case shall the use of weighting factors be approved unless the request is accompanied by a list of the procedures to be used to ensure that exposures are maintained ALARA and the effective dose equivalent is determined as follows: (A) If only one individual monitoring device is used and the device is located at the neck outside the protective apron, the reported deep dose equivalent shall be the effective dose equivalent for external radiation. (B) If only one individual monitoring device is used, the device is located at the neck outside the protective apron, and the reported dose exceeds 25 percent of the limit specified in this regulation, then the reported deep dose equivalent value multiplied by 0.3 shall be the effective dose equivalent for external radiation. (C) If individual monitoring devices are worn, both under the protective apron at the waist and outside the protective apron at the neck, the effective dose equivalent for external radiation shall be assigned the value of the sum of the deep dose equivalent reported for the individual monitoring device located at the waist under the protective apron multiplied by 1.5 and the deep dose equivalent reported for the individual monitoring device located at the neck outside the protective apron multiplied by 0.04.
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(3) All individuals who are associated with the operation of an X-ray system shall be subject to the occupational exposure limits and the requirements for the determination of the doses that are specified in this regulation. In addition, each individual shall meet the following requirements: (A) When protective clothing or devices are worn on portions of the body and one or more monitoring devices are required, at least one monitoring device shall be utilized as follows: (i) When an apron is worn, the monitoring device shall be worn at the collar outside of the apron; (ii) the dose to the device, if one is used, shall be recorded as the whole-body dose based on the maximum dose attributed to any one critical organ, including the gonads, the blood-forming organs, the head and trunk, and the lens of the eye. If more than one device is used and a record is made of the data, each dose shall be identified with the area where the device was worn on the body; (4) Exposure of a personnel-monitoring device to deceptively indicate a dose delivered to an individual shall be prohibited. (5) If the individual is exposed during procedures not specifically approved, weighting factors shall not be applied. (d) Derived air concentration (DAC) and annual limit on intake (ALI) values, in appendix B, table I, published in appendices to part 4: standards for protection against radiation, which is adopted in K.A.R. 28-35-135a, shall be used to determine the individuals dose and to demonstrate compliance with the occupational dose limits. (e) Notwithstanding the annual dose limits, the licensee shall limit the soluble uranium intake by an individual to 10 milligrams in a week in consideration of chemical toxicity, in accordance with footnote 3 of appendix B published in appendices to part 4: standards for protection against radiation, which is adopted in K.A.R. 28-35-135a. (f) Each licensee or registrant shall reduce the dose that an individual may be allowed to receive in the current year by the amount of occupational dose received while employed by any other person. (Authorized by and implementing K.S.A. 48-1607; effective, T-85-43, Dec. 19, 1984; effective May 1, 1985; amended Sept. 20, 1993; amended Oct. 17, 1994; amended Dec. 30, 2005; amended March 18, 2011.) 28-35-216a. Testing for leakage or contamination of sealed sources. (a) Each licensee in possession of any sealed source shall ensure that all of the following requirements are met: (1) Each sealed source, except as specified in subsection (b), shall be tested for leakage or contamination, and the test results shall be received before the sealed source is put into use, unless the licensee has a certificate from the transferor indicating that the sealed source was tested within six months before transfer to the licensee. (2) Each sealed source that is not designed to emit alpha particles shall be tested for leakage or contamination at intervals not to exceed six months or at alternative intervals approved by the secretary, an agreement state, a licensing state, or the nuclear regulatory commission.
(3) Each sealed source designed to emit alpha particles shall be tested for leakage or contamination at intervals not to exceed three months or at alternative intervals approved by the secretary, an agreement state, a licensing state, or the nuclear regulatory commission. (4) For each sealed source required to be tested for leakage or contamination, whenever there is reason to suspect that the sealed source might have been damaged or might be leaking, the licensee shall ensure that the sealed source is tested for leakage or contamination before further use. (5) Tests for leakage for all sealed sources shall be capable of detecting the presence at 185 Bq (0.005 Ci) of radioactive material on a test sample. Test samples shall be taken from the sealed source or from the surfaces of the container in which the sealed source is stored or mounted and on which one might expect contamination to accumulate. For a sealed source contained in a device, test samples shall be obtained when the source is in the off position. (b) The following sealed sources shall be exempt from testing for leakage and contamination: (1) Sealed sources containing only radioactive material with a half-life of fewer than 30 days; (2) sealed sources containing only radioactive material as a gas; (3) sealed sources containing 3.7 Mbq (100 Ci) or less of beta-emitting or photon-emitting material or 370 kBq (10 Ci) or less of alpha-emitting material; (4) sealed sources containing only hydrogen-3; (5) seeds of iridium-192 encased in nylon ribbon; and (6) sealed sources, except sources used in radiation therapy, that are stored, are not being used, and are identified as being in storage. The sources exempted from this test shall be tested for leakage before any use or transfer to another person, unless the source has been leak-tested within six months before the date of the use or transfer. The sources in storage shall be physically inventoried every six months and listed in the radioactive materials inventory. Each source in storage shall be tested for leakage at least every 10 years. (c) Each test for leakage or contamination from sealed sources shall be performed by a person specifically authorized by the secretary, an agreement state, a licensing state, or the nuclear regulatory commission to perform these services. (d) All test results shall be recorded in units of becquerel or microcurie and maintained for inspection by the department. (e) If any test reveals the presence of 0.005 microcurie or more of removable contamination, the licensee shall immediately withdraw the sealed source from use and shall cause the source to be decontaminated and repaired or to be disposed of in accordance with these regulations. The licensee shall file a report within five days of the test with the radiation control program, Kansas department of health and environment, describing the equipment involved, the test results, and the corrective action taken. (Authorized by and implementing K.S.A. 48-1607; effective, T-85-43, Dec. 19, 1984; effective May 1, 1985;
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amended Dec. 30, 2005; amended July 27, 2007; amended March 18, 2011.) 28-35-225b. Disposal of certain radioactive material. The provisions of 10 CFR 20.2008, as in effect on October 1, 2007, are hereby adopted by reference. (Authorized by and implementing K.S.A. 48-1607; effective March 18, 2011.) 28-35-231c. Transfer for disposal; manifests. The provisions of 10 CFR 20.2006 as in effect on October 1, 2007, including appendix G to 10 CFR part 20 as in effect on November 16, 2005, are hereby adopted by reference. (Authorized by and implementing K.S.A. 48-1607; effective Dec. 30, 2005; amended March 18, 2011.) 28-35-242. General requirements. (a) Waiver of requirements. Compliance with the specific requirements of these regulations relative to an existing machine or installation may be waived by the secretary if the registrant provides an alternative to the requirement that provides radiation protection equal to that prescribed in part 4 of these regulations. (b) Responsibility to meet requirements. A person shall not make, sell, lease, transfer, lend, or install X-ray or fluoroscopic equipment, or the supplies used in connection with this equipment, unless both of the following conditions are met: (1) Those supplies and equipment, when properly placed in operation and properly used, will meet the requirements of parts 1, 4, and 5 and the applicable regulations under parts 7, 8, and 10 of these regulations. (2) The person delivers, if applicable, cones or collimators, filters, appropriate timers, and fluoroscopic shutters. (c) Limitations on human use. An individual shall not be exposed to the useful beam, unless the exposure is for healing arts purposes and each exposure has been authorized by one of the following: (1) A licensed practitioner of the healing arts; (2) a physician assistant licensed by the state board of healing arts, when working under the supervision and direction of a person licensed to practice medicine or surgery; (3) an advanced registered nurse practitioner who holds a certificate of qualification from the state board of nursing, when working under the supervision and direction of a person licensed to practice medicine or surgery; or (4) an individual licensed to practice dentistry or podiatry within the authority granted to the individual by Kansas licensing laws applying to dentists and podiatrists. (d) Prohibited uses. Deliberate exposure for the following purposes shall be specifically prohibited: (1) Exposure of an individual for patient positioning, training, demonstration, or other purposes, unless a healing arts purpose exists and a proper prescription has been provided; and (2) exposure of an individual for the purpose of healing arts screening without the prior written approval of the department, except mammography screening, if the facility is certified to perform mammography by the food
and drug administration. Each person requesting approval for healing arts screening shall submit the information outlined in K.A.R. 28-35-255. Each person requesting approval for a healing arts screening shall notify the department within 30 days if any of the information submitted becomes invalid or outdated. (Authorized by and implementing K.S.A. 48-1607; effective Jan. 1, 1970; amended Jan. 1, 1972; amended May 1, 1976; amended Sept. 20, 1993; amended Dec. 30, 2005; amended March 18, 2011.) 28-35-264. General requirements. The provisions of 10 CFR part 35, as in effect on January 15, 2010, are hereby adopted by reference, with the changes specified in this regulation. (a) For the purposes of part 6, byproduct material shall mean all radioactive material regulated by the department. (b) All reports required by this regulation shall be submitted to the department. (c) The following sections shall be deleted: (1) 10 CFR 35.1, purpose and scope; (2) 10 CFR 35.2, definitions, except that the definitions of the following terms shall be retained: (A) Authorized medical physicist; (B) authorized nuclear pharmacist; (C) authorized user; (D) medical event; (E) prescribed dose; and (F) radiation safety officer; (3) 10 CFR 35.8, information collection requirements: OMB approval; (4) 10 CFR 35.18, license issuance; (5) 10 CFR 35.19, specific exemptions; (6) 10 CFR 35.26 (a)(1), radiation protection program changes; (7) 10 CFR 35.4001, violations; and (8) 10 CFR 35.4002, criminal penalties. (d) Wherever the following CFR references occur within 10 CFR part 35, these references shall be replaced with the specified references to regulations and parts in this article: (1) 10 CFR 19.12 shall be replaced with K.A.R. 2835-333, instructions to workers. (2) 10 CFR part 20 shall be replaced with part 4, standards for protection against radiation. (3) 10 CFR 20.1101 shall be replaced with K.A.R. 28-35-211d, radiation protection programs. (4) 10 CFR 20.1301(a)(1) and 20.1301(c) shall be replaced with K.A.R. 28-35-214a. (5) 10 CFR 20.1501 shall be replaced with K.A.R. 28-35-217b. (6) 10 CFR part 30 shall be replaced with part 3, licensing of sources of radiation. (7) 10 CFR 32.72 shall be replaced with K.A.R. 2835-181m, specific licenses to manufacture and distribute radiopharmaceuticals containing radioactive material for medical use under group licenses, and K.A.R. 28-35181n, specific licenses to manufacture and distribute generators or reagent kits for preparation of radiopharmaceuticals containing radioactive material.
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(8) 10 CFR 32.74 shall be replaced with K.A.R. 2835-181o, specific licenses to manufacture and distribute sources and devices for use as a calibration or reference source, or for certain medical uses. (9) 10 CFR 33.13 shall be replaced with K.A.R. 2835-182b, qualifications for a type A specific license of broad scope. (e) Wherever the following terms occur within 10 CFR part 35, these terms shall be replaced with department: (1) Commission; (2) NRC operation center; and (3) NRC regional office. (f) The following changes shall be made to the sections specified: (1) 10 CFR 35.6(b)(1) and (c)(1) shall be replaced with the following text: Obtain review and approval of the research as specified in 45 CFR 46.111, criteria for IRB approval of research; and. (2) 10 CFR 35.6(b)(2) and (c)(2) shall be replaced with the following text: Obtain informed consent from the human research subject as specified in 45 CFR 46.116, general requirements for informed consent. (3) 10 CFR 35.10, subsection (a) shall be deleted. (4) In 10 CFR 35.10(d), the date October 24, 2002 shall be replaced with the effective date of these regulations, and in 10 CFR 35.10(b) and (c), the date October 25, 2005 shall be replaced with two years from the effective date of these regulations. (5) 10 CFR 35.12(b)(1) and (c)(1)(i) shall be replaced with the following text: submitting a form specified by the department that includes the facility diagram, equipment, and training and experience qualifications of the radiation safety officer, authorized users, authorized physicists, and authorized pharmacists. (6) In 10 CFR 35.57(a)(1) and (b)(1), the date October 24, 2002 shall be replaced with the effective date of these regulations. (7) In 10 CFR 35.57(a)(2) and (b)(2), the date April 29, 2005 shall be replaced with the effective date of these regulations. (8) In 10 CFR 35.432(a), the date October 24, 2002 shall be replaced with the effective date of these regulations. (9) In 10 CFR 35.3045, the footnote shall be deleted, and in subsection (a) the words or any radiation-producing device shall be added before the words results in. (10) 10 CFR 35.3047(d) shall be replaced with the following text: The licensee shall submit a written report to the department within 15 days after discovery of a dose to the embryo or fetus, or nursing child that requires a report in paragraphs (a) or (b) in this section. (11) In 10 CFR 35.3067, the phrase with the department shall be inserted after the word report in the first sentence, and the second sentence shall be deleted. (Authorized by and implementing K.S.A. 48-1607; effective Dec. 30, 2005; amended March 18, 2011.) 28-35-334. Reports to individuals. Radiation exposure data for an individual and the results of any measurements, analyses, and calculations of radioactive ma-
terial deposited or retained in the body of an individual shall be reported to the individual as specified in this regulation. (a) The information reported shall include data and results obtained pursuant to the requirements of these regulations or any order of the secretary or license condition, as shown in records maintained by the licensee or registrant pursuant to K.A.R. 28-35-227h. Each report shall meet the following requirements: (1) Be in writing; (2) include appropriate identifying data, including the name of the licensee or registrant, the name of the individual, and the individuals identification number, preferably social security number; (3) include the individuals exposure information; and (4) contain the following statement: This report is furnished to you under the provisions of Kansas Administrative Regulation 28-35-334. You should preserve this report for further reference. (b) Each licensee or registrant shall make dose information available to individual workers shown in records maintained by the licensee or registrant pursuant to K.A.R. 28-35-227h. Each licensee or registrant shall provide an annual report to each individual worker monitored pursuant to K.A.R. 28-35-217a of the dose received in that monitoring year if either of the following situations occurs: (1) The individuals dose exceeds 1 mSv (100 mrem) TEDE or 1 mSv (100 mrem) to any individual organ or tissue. (2) The individual requests an annual dose report. (c) Each licensee or registrant shall furnish a written report of a workers exposure to sources of radiation or radioactive material at the request of the worker if the worker was formerly engaged in activities controlled by the licensee or registrant. The report shall be furnished within 30 days from the date of the request, or within 30 days after the dose of the individual has been determined by the licensee or registrant, whichever is later. The report shall cover, within the period of time specified in the request, the dose record for each year the worker was required to be monitored pursuant to K.A.R. 28-35-217a. The report shall also include the period of time in which the workers activities involved exposure to sources of radiation and shall include the dates and locations of work under the license or registration in which the worker participated during this period. (d) When a licensee or registrant is required pursuant to K.A.R. 28-35-229a(a)(1) and (b)(1) to report to the department any exposure of an individual to sources of radiation, the licensee or the registrant shall also provide to the individual a written report of the individuals exposure data included in the report. This report shall be transmitted to the individual at a time not later than the transmittal of the report to the department. (e) At the request of a worker who is terminating employment with the licensee or registrant that involves exposure to radiation or radioactive material or at the request of a worker who, while employed by another person, is terminating an assignment to work involving radiation dose in the licensees facility, each licensee or
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registrant shall provide to the worker, or the workers designee, a written report regarding the radiation dose received by that worker from operations of the licensee or registrant during the current year. The report shall be provided at the workers termination. The licensee or registrant may provide a written estimate of that dose if the finally determined personnel monitoring results are not available at that time. Estimated doses shall be clearly indicated as such. (Authorized by K.S.A. 48-1607; implementing K.S.A. 48-1607 and 48-1609; effective May 1, 1976; amended, T-85-43, Dec. 19, 1984; amended May 1, 1985; amended Oct. 17, 1994; amended March 18, 2011.) 28-35-346. Leak testing of sealed sources. (a) Requirements. Each licensee using any sealed source of radioactive material shall have the source tested for leakage as specified in subsection (c). A record of leak test results shall be kept in units of microcuries and maintained for inspection by the department. The licensee shall keep the records of the results for three years after the leak test is performed. (b) Method of testing. Each test for leakage shall be performed only by a person specifically authorized to perform such a test by the department, the nuclear regulatory commission, an agreement state, or a licensing state. The test sample shall be taken from the surface of the source, the source holder, or the surface of the device in which the source is stored or mounted and on which one could expect contamination to accumulate. The test sample shall be analyzed for radioactive contamination. The analysis shall be capable of detecting the presence of 0.005 microcurie (185 Bq) of radioactive material on the test sample and shall be performed by a person specifically authorized to perform such a test by the department, the nuclear regulatory commission, an agreement state, or a licensing state. (c) Interval of testing. Each sealed source of radioactive material, except an energy compensation source (ECS), shall be tested at intervals not to exceed six months. In the absence of a certificate from a transferor indicating that a test has been made within the six months before the transfer, the sealed source shall not be put into use until tested. If, for any reason, it is suspected that a sealed source could be leaking, the sealed source shall be removed from service immediately and tested for leakage as soon as practical. Each ECS that is not exempt from testing in accordance with subsection (e) shall be tested at intervals not to exceed three years. In the absence of a certificate from a transferor that a test has been made within the three years before the transfer, the ECS shall not be used until tested. (d) Leaking or contaminated sources. If the test reveals the presence of 0.005 microcurie (185 Bq) or more of leakage or contamination, the licensee shall immediately withdraw the source from use and shall cause it to be decontaminated, repaired, or disposed of in accordance with these regulations. Each licensee shall check the equipment associated with the leaking source for radioactive contamination and, if contaminated, shall have the equipment decontaminated or disposed of by a nuclear regulatory commission licensee or an agreement state licensee that is authorized to perform these functions. A
report describing the equipment involved, the test result, and the corrective action taken shall be filed with the department within five days after receiving the test results. (e) Exemptions. The following sources shall be exempt from the periodic leak test requirements of this regulation: (1) Hydrogen-3 (tritium) sources; (2) sources of radioactive material with a half-life of 30 days or less; (3) sealed sources of radioactive material in gaseous form; (4) sources of radioactive material emitting beta, betagamma, or gamma radiation, with an activity of not more than 100 microcuries (3.7 Mbq); and (5) sources of alpha-emitting radioactive material with an activity of not more than 10 micro-curies (0.370 MBq). (Authorized by and implementing K.S.A 48-1607; effective Sept. 20, 1993; amended Dec. 30, 2005; amended March 18, 2011.) 28-35-411. Table of quantities of radioactive material; need for contingency plan. Quantities of Radioactive Materials Requiring Consideration of the Need for a Contingency Plan for Responding to a Release
Radioactive Material1 Actinium-228 Americium-241 Americium-242 Americium-243 Antimony-124 Antimony-126 Barium-133 Barium-140 Bismuth-207 Bismuth-210 Cadmium-109 Cadmium-113 Calcium-45 Californium-252 Carbon-14 (Non-CO) Cerium-141 Cerium-144 Cesium-134 Cesium-137 Chlorine-36 Chromium-51 Cobalt-60 Copper-64 Curium-242 Curium-243 Curium-244 Curium-245 Europium-152 Europium-154 Europium-155 Gadolinium-153 Gold-198 Hafnium-172 Hafnium-181 Holmium-166m Hydrogen-3 Indium-114m Iodine-124 Release Fraction 0.001 0.001 0.001 0.001 0.01 0.01 0.01 0.01 0.01 0.01 0.01 0.01 0.01 0.001 0.01 0.01 0.01 0.01 0.01 0.5 0.01 0.001 0.01 0.001 0.001 0.001 0.001 0.01 0.01 0.01 0.01 0.01 0.01 0.01 0.01 0.5 0.01 0.5 Quantity Quantity (GBq) (Ci) 148,000 4,000 74 2 74 2 74 2 148,000 4,000 222,000 6,000 370,000 10,000 1,110,000 30,000 185,000 5,000 22,200 600 37,000 1,000 2,960 80 740,000 20,000 333 9 (20 mg) 1,850,000 50,000 370,000 10,000 11,100 300 74,000 2,000 111,000 3,000 3,700 100 11,100,000 300,000 185,000 5,000 7,400,000 200,000 2,220 60 110 3 148 4 74 2 18,500 500 14,800 400 111,000 3,000 185,000 5,000 1,110,000 30,000 14,800 400 259,000 7,000 3,700 100 740,000 20,000 37,000 1,000 370 10
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Iodine-125 Iodine-131 Indium-114m Iridium-192 Iron-55 Iron-59 Krypton-85 Lead-210 Manganese-56 Mercury-203 Molybdenum-99 Neptunium-237 Nickel-63 Niobium-94 Phosphorus-32 Phosphorus-33 Polonium-210 Potassium-42 Promethium-145 Promethium-147 Radium-226 Ruthenium-106 Samarium-151 Scandium-46 Selenium-75 Silver-110m Sodium-22 Sodium-24 Strontium-89 Strontium-90 Sulfur-35 Technetium-99 Technetium-99m Tellurium-127m Tellurium-129m Terbium-160 Thulium-170 Tin-113 Tin-123 Tin-126 0.5 0.5 0.01 0.001 0.01 0.01 1.0 0.01 0.01 0.01 0.01 0.001 0.01 0.01 0.5 0.5 0.01 0.01 0.01 0.01 0.001 0.01 0.01 0.01 0.01 0.01 0.01 0.01 0.01 0.01 0.5 0.01 0.01 0.01 0.01 0.01 0.01 0.01 0.01 0.01 370 370 37,000 1,480,000 1,480,000 259,000 222,000,000 296 2,220,000 370,000 1,110,000 74 740,000 11,100 3,700 37,000 370 333,000 148,000 148,000 3,700 7,400 148,000 111,000 370,000 37,000 333,000 370,000 111,000 3,330 3,330 370,000 14,800,000 185,000 185,000 148,000 148,000 370,000 111,000 37,000
1-16-18 1-16-18a 1-16-20 1-65-1 1-66-1 1-66-2 1-66-3 1-67-1 1-67-2 1-67-3 1-68-1 1-68-2
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10 10 1,000 40,000 40,000 7,000 6,000,000 8 60,000 10,000 30,000 2 20,000 300 100 1,000 10 9,000 4,000 4,000 100 200 4,000 3,000 10,000 1,000 9,000 10,000 3,000 90 900 10,000 400,000 5,000 5,000 4,000 4,000 10,000 3,000 1,000
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0.01 0.01 1.0 0.01 0.01 0.01 0.01 0.01 0.01 0.001 0.01 0.001 0.01 0.001 0.001 0.0001 0.0001 3,700 259,000 33,300,000 74,000 185,000 14,800 185,000 370,000 37,000 370,000 370,000 370,000 37,000 370,000 74 740 740 100 7,000 900,000 2,000 5,000 400 5,000 10,000 1,000 10,000 10,000 10,000 1,000 10,000 2 20 20
Titanium-44 Vanadium-48 Xenon-133 Yttrium-91 Zinc-65 Zirconium-93 Zirconium-95 Any other beta-gamma emitter Mixed fission products Contaminated equipment: beta-gamma emitters Irradiated material, in any form other than solid noncombustible Irradiated material that is solid and noncombustible Mixed radioactive waste: beta-gamma emitters Packaged mixed waste2: beta-gamma emitters Any other alpha emitter Contaminated equipment: alpha emitters Packaged waste2: alpha emitters
1
For combinations of radioactive materials, the licensee shall be required to consider whether a contingency plan is needed if the sum of the ratios of the quantity of each radioactive material authorized to the quantity listed in this table for that material exceeds one. 2 Waste packaged in type B containers shall not require a contingency plan.
(Authorized by K.S.A. 48-1607; implementing K.S.A. 48-1602; effective Dec. 30, 2005; amended March 18, 2011.) Robert P. Moser, M.D. Acting Secretary of Health and Environment
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AGENCY 1: DEPARTMENT OF ADMINISTRATION Reg. No. 1-2-64 1-2-65 1-7-3 1-7-4 1-7-6 1-7-7 1-7-10 1-7-11 1-7-12 1-14-8 1-16-8 1-16-15 Action New New Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Register V. 28, p. 1338 V. 28, p. 1338 V. 28, p. 1338 V. 28, p. 1338 V. 28, p. 1339 V. 28, p. 1339 V. 28, p. 1339 V. 28, p. 1340 V. 28, p. 1340 V. 28, p. 1341 V. 29, p. 676 V. 29, p. 677
V. 29, p. 677 V. 29, p. 678 V. 29, p. 680 V. 30, p. 44 V. 30, p. 44 V. 30, p. 45 V. 30, p. 45 V. 30, p. 45 V. 30, p. 45 V. 30, p. 45 V. 30, p. 45 V. 30, p. 46 Register V. 29, p. 702 V. 30, p. 9 V. 28, p. 1716 V. 28, p. 1716 V. 28, p. 1716 V. 28, p. 1717 V. 28, p. 1717 V. 28, p. 1717
AGENCY 3: KANSAS STATE TREASURER Reg. No. 3-3-2 3-3-2 3-4-1 3-4-2 3-4-4 3-4-5 3-4-6 3-4-7
AGENCY 4: DEPARTMENT OF AGRICULTURE Reg. No. 4-3-47 4-6-1 4-6-2 4-7-213 4-7-716 Action Amended (T) Amended Amended Amended Amended Register V. 30, p. 25 V. 28, p. 1594 V. 28, p. 1594 V. 29, p. 1023 V. 29, p. 1023
4-10-1 4-10-1a 4-10-1b 4-10-2a through 4-10-2d 4-10-2e 4-10-2f through 4-10-2k 4-10-4 4-10-4a through 4-10-4f 4-10-5a 4-10-6 4-10-6a 4-10-6b 4-10-7 4-10-10 4-10-15 4-10-16 4-10-17 4-13-2 4-13-3 4-13-9 4-13-14 4-13-16 4-13-17 4-13-18 4-13-20
Amended New New Revoked Amended Revoked Revoked New Amended Revoked New New Amended New Revoked Amended Revoked Amended Amended Amended Amended Amended Amended Amended Amended
V. 29, p. 254 V. 29, p. 255 V. 29, p. 255 V. 29, p. 255 V. 29, p. 255 V. 29, p. 256 V. 29, p. 256 V. 29, p. 256-258 V. 29, p. 258 V. 29, p. 259 V. 29, p. 259 V. 29, p. 259 V. 29, p. 259 V. 29, p. 260 V. 29, p. 260 V. 29, p. 260 V. 29, p. 261 V. 29, p. 69 V. 29, p. 69 V. 29, p. 71 V. 29, p. 71 V. 29, p. 71 V. 29, p. 72 V. 29, p. 72 V. 29, p. 72
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4-13-21 4-13-22 4-13-23 4-13-24 4-13-25 4-13-25b through 4-13-25h 4-13-25i 4-13-25j 4-13-25k 4-13-25l 4-13-25m 4-13-30 4-13-33 4-13-62 4-15-5 4-27-1 through 4-27-22 4-28-1 4-28-2 4-28-8 4-28-11 4-28-12 4-28-18 through 4-28-30 Amended Revoked Amended Amended Amended Amended Revoked Amended Amended Amended New Amended Amended Amended Amended New Amended Amended Amended Amended Amended New V. 29, p. 72 V. 29, p. 72 V. 29, p. 72 V. 29, p. 72 V. 29, p. 1242 V. 29, p. 1243-1245 V. 29, p. 1246 V. 29, p. 1246 V. 29, p. 1246 V. 29, p. 1247 V. 29, p. 1247 V. 29, p. 72 V. 29, p. 73 V. 29, p. 73 V. 28, p. 690 V. 29, p. 706-720 V. 29, p. 720 V. 29, p. 720 V. 29, p. 721 V. 29, p. 722 V. 29, p. 722 V. 29, p. 723-725
Kansas Register
14-6-4 14-11-1 14-11-4 14-11-5 14-11-6 14-11-7 14-11-9 14-11-10a 14-11-10b 14-11-10d 14-11-11 14-11-14 14-11-15 14-11-16 14-11-22 14-11-23 through 14-11-29 14-11-27 14-16-25 14-19-27 14-19-38 14-19-39 14-20-29 14-20-40 14-20-41 14-21-12 14-21-21 14-21-22 14-23-2 14-23-5 14-23-8 14-23-10 14-24-1 through 14-24-6 Reg. No. 16-11-1 through 16-11-5 16-11-6 16-11-7 16-11-8 Amended New New Amended Amended Amended Amended Revoked Revoked Revoked Revoked Revoked Amended Amended New New Revoked New Amended New New Amended New New Amended New New Amended Amended Amended Amended Revoked Action V. 29, p. 1306 V. 29, p. 1307 V. 29, p. 1307 V. 29, p. 1307 V. 29, p. 1307 V. 29, p. 1307 V. 29, p. 1307 V. 29, p. 1307 V. 29, p. 1308 V. 29, p. 1308 V. 29, p. 1633 V. 29, p. 1308 V. 29, p. 1308 V. 29, p. 1308 V. 29, p. 1633 V. 29, P. 1308-1310 V. 29, p. 1730 V. 29, p. 1310 V. 29, p. 1310 V. 29, p. 1311 V. 29, p. 1311 V. 29, p. 1311 V. 29, p. 1312 V. 29, p. 1312 V. 29, p. 1313 V. 29, p. 1313 V. 29, p. 1313 V. 29, p. 1314 V. 29, p. 1314 V. 29, p. 1314 V. 29, p. 1315 V. 29, p. 1315 Register 26-39-144 26-39-243 26-39-278 26-39-427 26-40-301 through 26-40-305 26-41-101 through 26-41-106 26-41-200 through 26-41-207 26-42-101 26-42-102 26-42-104 26-42-105 26-42-200 through 26-42-207 26-43-101 through 26-43-106 26-43-200 through 26-43-207
Revoked Revoked Revoked Revoked New New New New New New New New New New V. V. V. V. 28, 28, 28, 28, p. p. p. p. 623 649 649 649
V. 29, p. 1777-1793 V. 28, p. 649-651 V. 28, p. 652-657 V. 28, p. 657 V. 28, p. 658 V. 28, p. 659 V. 28, p. 659 V. 28, p. 659-664 V. 28, p. 664-667 V. 28, p. 667-671
AGENCY 5: DEPARTMENT OF AGRICULTUREDIVISION OF WATER RESOURCES Reg. No. 5-1-4 5-1-9 5-3-4a 5-3-23 5-3-23 5-4-1 5-4-1a 5-7-1 5-7-4 5-14-3 5-14-3a 5-17-2 5-20-1 5-20-2 5-22-7 5-25-5 5-25-15 Reg. No. 7-16-1 7-16-1 7-41-1 through 7-41-7 7-41-8 7-41-9 7-41-10 through 7-41-17 7-41-18 through 7-41-29 7-41-30 7-41-31 7-41-32 7-41-33 7-41-34 7-41-35 Reg. No. 9-7-4 9-7-4 9-27-1 Action Amended Amended Amended Amended (T) Amended Amended New Amended Amended Amended New Amended New New Amended Amended Amended Action Amended (T) Amended Amended Revoked Revoked Amended Revoked Amended Revoked Amended Amended New New Action Amended (T) Amended Amended Register V. 29, p. 652 V. 29, p. 653 V. 28, p. 241 V. 29, p. 1338 V. 29, p. 1598 V. 29, p. 1476 V. 29, p. 1477 V. 29, p. 653 V. 28, p. 1715 V. 28, p. 241 V. 28, p. 242 V. 29, p. 654 V. 28, p. 1317 V. 28, p. 1318 V. 29, p. 596 V. 29, p. 1598 V. 29, p. 654 Register V. 29, p. 1115 V. 29, p. 1281 V. 28, p. 193-195 V. 28, p. 195 V. 28, p. 195 V. 28, p. 195, 196 V. 28, p. 196 V. 28, p. 196 V. 28, p. 196 V. 28, p. 196 V. 28, p. 197 V. 28, p. 197 V. 28, p. 197 Register V. 29, p. 703 V. 29, p. 1336 V. 29, p. 1337
AGENCY 28: DEPARTMENT OF HEALTH AND ENVIRONMENT Reg. No. 28-1-27 28-4-92 28-4-92 28-4-370 through 28-4-379 28-4-503 28-4-505 28-4-514 28-4-520 28-4-521 28-4-1200 through 28-4-1218 28-4-1300 through 28-4-1318 28-16-28g 28-17-6 28-17-12 28-19-200a 28-19-202 28-19-325 28-19-350 28-19-517 28-19-712 28-19-712a through 28-19-712d 28-19-713 28-19-713a through 28-19-713d 28-19-720 28-19-728 28-19-728a through 28-19-728f 28-19-735 28-19-750 28-19-750a 28-21-1 28-21-6 28-21-7 28-21-8 28-21-9 28-21-10 28-21-11 28-21-20a 28-21-21a 28-21-22a 28-21-23a 28-21-24a 28-21-25a Action New Amended (T) Amended Revoked Amended Amended Amended New New New New Amended Amended Amended New Amended New Amended Amended New New New New Amended Revoked Revoked Amended Amended Amended Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Register V. 30, p. 111 V. 29, p. 1348 V. 29, p. 1705 V. 29, p. 1024 V. 29, p. 1662 V. 29, p. 1662 V. 29, p. 1663 V. 29, p. 1663 V. 29, p. 1663 V. 28, p. 1426-1437 V. 29, p. 1024-1032 V. 29, p. 181 V. 28, p. 1809 V. 28, p. 1809 V. 29, p. 1634 V. 29, p. 1509 V. 29, p. 1634 V. 29, p. 1635 V. 29, p. 1510 V. 29, p. 866 V. 29, p. 867 V. 29, p. 867 V. 29, p. 867, 868 V. 29, p. 1510 V. 29, p. 1511 V. 29, p. 1511 V. 29, p. 1511 V. 29, p. 1511 V. 29, p. 1511 V. 29, p. 725 V. 29, p. 725 V. 29, p. 725 V. 29, p. 725 V. 29, p. 725 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726
V. 29, p. 1813-1815 V. 29, p. 1816 V. 29, p. 1816 V. 29, p. 1816
AGENCY 17: OFFICE OF THE STATE BANK COMMISSIONER Reg. No. 17-24-2 17-24-3 17-24-4 17-24-5 17-24-6 Action Amended Amended Amended New New Register V. 28, p. 1371 V. 28, p. 1371 V. 28, p. 1371 V. 28, p. 1373 V. 28, p. 1373
AGENCY 19: GOVERNMENTAL ETHICS COMMISSION Reg. No. 19-6-1 19-22-1 19-23-1 19-30-4 Reg. No. 22-1-1 22-1-2 22-1-3 22-8-13 22-10-3 22-11-6 22-11-8 22-15-7 22-18-3 22-24-3 Reg. No. 26-39-100 through 26-39-105 26-39-100 26-39-101 26-39-105 Action Amended Amended Amended Revoked Action Amended Amended Amended Amended Amended Revoked Amended Revoked Amended Amended Action Register V. 29, p. 112 V. 30, p. 92 V. 30, p. 92 V. 30, p. 92 Register V. 30, p. 46 V. 30, p. 46 V. 30, p. 46 V. 30, p. 47 V. 30, p. 47 V. 30, p. 48 V. 30, p. 48 V. 30, p. 49 V. 30, p. 49 V. 28, p. 1367 Register
AGENCY 14: DEPARTMENT OF REVENUE DIVISION OF ALCOHOLIC BEVERAGE CONTROL Reg. No. 14-6-2a 14-6-3 Action Revoked Revoked Register V. 29, p. 1306 V. 29, p. 1306
New Amended Amended Amended
V. 28, p. 615-623 V. 29, p. 1772 V. 29, p. 1775 V. 29, p. 1777
Vol. 30, No. 9, March 3, 2011
28-21-26a 28-21-27a 28-21-28a 28-21-29a 28-21-30a 28-21-31a 28-21-32a 28-21-33a 28-21-34a 28-21-35a 28-21-40a 28-21-41a 28-21-42a 28-21-43a 28-21-44a 28-21-50a 28-21-51a 28-21-52a 28-21-53a 28-21-54a 28-21-55a 28-21-56a 28-21-57a 28-21-58a 28-21-59a 28-21-60a 28-21-61a 28-21-62a 28-21-63 28-21-64 28-21-70a 28-21-71a 28-21-72a 28-21-82 through 28-21-85 28-23-4 28-23-9 28-23-10 28-23-20 through 28-23-24 28-23-26 through 28-23-32 28-23-34 through 28-23-36 28-23-41 through 28-23-55 28-23-70 28-23-71 28-23-73 28-23-75 28-23-78 through 28-23-80 28-29-501 28-36-30 28-36-31 28-36-70 through 28-36-89 28-36-101 through 28-36-109 28-39-145a 28-39-146 28-39-147 28-39-148 28-39-162 28-39-162a 28-39-162b 28-39-162c 28-39-164 through 28-39-168 28-39-240 through 28-39-253 28-39-275 through 28-39-288 Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked New Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Amended Revoked Revoked V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726
Kansas Register
28-39-425 through 28-39-436 28-43-1 through 28-43-11 28-45b-1 through 28-45b-28 28-46-1 28-46-2a 28-46-3 through 28-46-22 28-46-27 28-46-28 28-46-29 28-46-29a 28-46-30 28-46-30a 28-46-30b 28-46-31 28-46-33 28-46-34 28-46-35 28-46-40 28-46-41 28-46-44 28-46-45 28-53-1 through 28-53-5 28-61-1 28-61-2 28-61-5 28-61-8 28-70-4 28-72-1 28-72-1a 28-72-1c 28-72-1d 28-72-1e 28-72-1g 28-72-1h 28-72-1i 28-72-1k 28-72-1l 28-72-1m 28-72-1n 28-72-1o 28-72-1p 28-72-1r 28-72-1s 28-72-1t 28-72-1v 28-72-1x 28-72-2 28-72-3 28-72-4 28-72-4a 28-72-4b 28-72-4c 28-72-5 28-72-6 28-72-6a 28-72-7 28-72-7a 28-72-8 28-72-9 28-72-10 28-72-10a 28-72-11 28-72-12 28-72-13 28-72-14 28-72-15 28-72-16 28-72-17 28-72-18 28-72-18a 28-72-18b 28-72-18c 28-72-18d 28-72-18e 28-72-19 Revoked Revoked New Amended Amended Amended Amended Amended Amended New Amended New New Amended Amended Amended Amended Amended Amended Amended New Amended Amended Amended Amended Amended New Revoked New New New New New New New New New New New New New New New New New New Amended Amended Amended Amended Revoked Amended Amended Amended New Amended New Amended Amended Amended New Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended V. 28, p. 672 V. 29, p. 1137 V. 28, p. 973-988 V. 29, p. 1138 V. 29, p. 1138 V. 29, p. 1139-1141 V. 29, p. 1141 V. 29, p. 1141 V. 29, p. 1141 V. 29, p. 1142 V. 29, p. 1142 V. 29, p. 1142 V. 29, p. 1144 V. 29, p. 1144 V. 29, p. 1144 V. 29, p. 1145 V. 29, p. 1145 V. 29, p. 1145 V. 29, p. 1145 V. 29, p. 1145 V. 29, p. 1145 V. 28, p. 240, 241 V. 29, p. 419 V. 29, p. 419 V. 29, p. 420 V. 29, p. 422 V. 28, p. 800 V. 29, p. 357 V. 29, p. 357 V. 29, p. 357 V. 29, p. 358 V. 29, p. 358 V. 29, p. 358 V. 29, p. 358 V. 29, p. 359 V. 29, p. 359 V. 29, p. 359 V. 29, p. 360 V. 29, p. 360 V. 29, p. 360 V. 29, p. 360 V. 29, p. 361 V. 29, p. 361 V. 29, p. 361 V. 29, p. 361 V. 29, p. 361 V. 29, p. 361 V. 29, p. 362 V. 29, p. 362 V. 29, p. 366 V. 29, p. 368 V. 29, p. 368 V. 29, p. 369 V. 29, p. 370 V. 29, p. 371 V. 29, p. 373 V. 29, p. 373 V. 29, p. 374 V. 29, p. 375 V. 29, p. 376 V. 29, p. 377 V. 29, p. 378 V. 29, p. 378 V. 29, p. 379 V. 29, p. 379 V. 29, p. 380 V. 29, p. 380 V. 29, p. 381 V. 29, p. 382 V. 29, p. 383 V. 29, p. 384 V. 29, p. 384 V. 29, p. 385 V. 29, p. 386 V. 29, p. 387 28-72-20 28-72-21 28-72-22 28-72-51 28-72-52 28-72-53 28-73-1 Amended Amended Amended Amended Amended Amended Amended
215
V. 29, p. 387 V. 29, p. 387 V. 29, p. 388 V. 29, p. 388 V. 29, p. 389 V. 29, p. 389 V. 28, p. 74
V. 29, p. 727 V. 28, p. 1809 V. 29, p. 727 V. 29, p. 727 V. 29, p. 727 V. 29, p. 727 V. 28, p. 623 V. 28, p. 623 V. 28, p. 623 V. 28, p. 623 V. 29, p. 1777 V. 29, p. 1777 V. 29, p. 1777 V. 29, p. 1777 V. 28, p. 798-800 V. 28, p. 672 V. 28, p. 672
New
V. 29, p. 675, 676
(continued)
Vol. 30, No. 9, March 3, 2011
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AGENCY 51: DEPARTMENT OF LABOR DIVISION OF WORKERS COMPENSATION Reg. No. 51-9-7 Reg. No. 60-2-105 60-2-106 60-9-105 60-9-107 60-11-101 through 60-11-105 60-11-107 60-13-103 60-13-104 60-15-101 60-15-102 60-15-104 60-16-105 Action Amended Action Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked Register V. 29, p. 1508 Register V. V. V. V. 28, 28, 28, 28, p. p. p. p. 197 197 197 198
Kansas Register
AGENCY 69: BOARD OF COSMETOLOGY Reg. No. 69-3-8 69-11-1 Reg. No. 71-5-1 through 71-5-6 71-5-7 through 71-5-13 71-11-1 Reg. No. 74-4-7 74-4-8 74-4-9 74-5-2 74-5-2a 74-5-101 74-5-102 74-5-103 74-5-201 74-5-202 74-5-203 74-5-301 74-5-302 74-5-401 74-5-403 74-5-405a 74-5-406 74-6-2 74-7-4 74-11-6 74-11-7 74-12-1 74-15-2 Action Amended (T) Amended Action Register V. 28, p. 923 V. 28, p. 298 Register 82-4-6a 82-4-8h 82-4-20 82-4-21 82-4-22 82-4-23 82-4-24a 82-4-26 82-4-26a 82-4-27 82-4-27a 82-4-27c 82-4-27e 82-4-28 82-4-28a 82-4-28b 82-4-30a 82-4-30a 82-4-31 82-4-32 82-4-33 82-4-35 82-4-35a 82-4-37 82-4-40 82-4-42 82-4-48 82-4-48a 82-4-53 82-4-54 82-4-55 82-4-56a 82-4-57 82-4-58 82-4-62 82-4-63 82-4-65 82-4-77 82-11-4 82-11-10 82-14-1 through 82-14-5 82-14-6 82-16-1 through 82-16-6 82-17-1 through 82-17-5
Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked Revoked Revoked Amended (T) Amended Revoked Amended Amended Amended Amended Revoked Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked Amended Amended Amended Amended Amended Amended New New New V. 29, p. 1446 V. 29, p. 1446 V. 28, p. 1397 V. 29, p. 1446 V. 29, p. 1446 V. 29, p. 1447 V. 29, p. 1447 V. 29, p. 1447 V. 29, p. 1447 V. 29, p. 1447 V. 29, p. 1448 V. 29, p. 1448 V. 29, p. 1449 V. 29, p. 1449 V. 29, p. 1449 V. 29, p. 1449 V. 29, p. 702 V. 29, p. 1392 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1451 V. 29, p. 1451 V. 29, p. 1451 V. 29, p. 1452 V. 29, p. 1452 V. 29, p. 1452 V. 29, p. 1453 V. 29, p. 1453 V. 29, p. 1453 V. 29, p. 1453 V. 29, p. 1453 V. 29, p. 1454 V. 28, p. 917 V. 28, p. 922 V. 28, p. 967-971 V. 28, p. 972 V. 29, p. 1598-1601 V. 29, p. 1136, 1137
Revoked New New Action Amended Amended Amended Amended New Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked
V. 29, p. 1593 V. 29, p. 1593-1597 V. 28, p. 1187 Register V. 28, p. 643 V. 29, p. 1636 V. 29, p. 1638 V. 29, p. 1638 V. 28, p. 646 V. 29, p. 1639 V. 28, p. 646 V. 28, p. 646 V. 28, p. 646 V. 29, p. 1639 V. 29, p. 1639 V. 28, p. 647 V. 28, p. 647 V. 28, p. 647 V. 28, p. 647 V. 28, p. 647 V. 28, p. 647 V. 29, p. 1640 V. 28, p. 648 V. 29, p. 1640 V. 29, p. 1640 V. 29, p. 1641 V. 29, p. 1641
V. 28, p. 1252-1254 V. 28, p. 1254 V. 28, p. 200 V. 28, p. 200 V. 28, p. 200 V. 28, p. 201 V. 28, p. 202 V. 29, p. 1115
AGENCY 67: BOARD OF EXAMINERS IN THE FITTING AND DISPENSING OF HEARING INSTRUMENTS Reg. No. 67-3-5 Reg. No. 68-1-1b 68-1-1h 68-1-3a 68-2-20 68-2-22 68-7-11 68-7-14 68-7-21 68-16-3 68-19-1 68-20-10a 68-20-16 68-20-23 68-21-1 through 68-21-7 Action New Action Amended New Amended Amended Amended Amended Amended New Amended New Amended Amended New New Register V. 28, p. 1187 Register V. 29, p. 465 V. 28, p. 1491 V. 28, p. 1491 V. 28, p. 1765 V. 28, p. 1491 V. 29, p. 1053 V. 28, p. 1492 V. 29, p. 465 V. 28, p. 342 V. 28, p. 342 V. 29, p. 466 V. 28, p. 1561 V. 28, p. 192 V. 29, p. 1417-1420
AGENCY 82: STATE CORPORATION COMMISSION Reg. No. 82-1-219 82-3-101a 82-3-311a 82-3-1100 through 82-3-1120 82-4-2 82-4-3a through 82-4-3d 82-4-3a 82-4-3d 82-4-3e 82-4-3f through 82-4-3m 82-4-3f 82-4-3n 82-4-3o Action Amended New New New Amended Amended Amended Amended Revoked Amended Amended New New Register V. 29, p. 1099 V. 29, p. 1508 V. 29, p. 181 V. 29, p. 182-190 V. 29, p. 1443 V. 28, p. 1373-1385 V. 29, p. 1443 V. 29, p. 1444 V. 28, p. 1386 V. 28, p. 1386-1397 V. 29, p. 1390 V. 29, p. 1444 V. 29, p. 1445
Vol. 30, No. 9, March 3, 2011
AGENCY 91: DEPARTMENT OF EDUCATION Reg. No. 91-1-200 91-1-202 91-1-203 91-1-204 91-1-205 91-1-216 91-40-1 91-40-27 Reg. No. 92-12-145 92-24-23 92-26-1 92-26-4 92-28-1 through 92-28-4 92-51-25a Reg. No. 94-2-1 through 94-2-21 94-5-1 through 94-5-25 Action Amended Amended Amended Amended Amended Amended Amended Amended Action Amended Amended Amended Amended New New Action Register V. V. V. V. V. V. V. V. 28, 28, 28, 28, 28, 28, 29, 29, p. p. p. p. p. p. p. p. 1222 1223 1225 1229 1232 1233 1093 1098
Kansas Register
100-29-3a 100-29-16 100-49-4 100-54-1 100-54-8 100-55-1 100-55-7 100-55-9 100-69-10 100-69-12 100-72-1 100-72-2 100-72-7 100-73-1 100-73-1 100-73-2 Amended Amended Amended Amended Amended Amended Amended Amended Amended New Amended Amended Amended Amended (T) Amended Amended V. 28, p. 1737 V. 28, p. 1060 V. 29, p. 651 V. 28, p. 1594 V. 28, p. 1595 V. 29, p. 704 V. 29, p. 651 V. 28, p. 572 V. 28, p. 572 V. 29, p. 704 V. 28, p. 112 V. 29, p. 705 V. 28, p. 273 V. 28, p. 923 V. 28, p. 1282 V. 29, p. 598 109-10-1b 109-10-1d 109-10-1e 109-10-1f 109-10-1g 109-10-6 109-10-7 109-11-1 109-11-1a 109-11-3 109-11-3a 109-11-4 109-11-6 109-11-6a 109-15-1 109-15-2 Reg. No. 110-4-1 through 110-4-5 New (T) New (T) New (T) New (T) New (T) Amended (T) New Amended New (T) Amended New (T) Amended Amended New (T) New Amended Action
217
V. 30, p. 142 V. 30, p. 142 V. 30, p. 142 V. 30, p. 142 V. 30, p. 142 V. 30, p. 143 V. 29, p. 113 V. 29, p. 1283 V. 30, p. 143 V. 29, p. 1284 V. 30, p. 144 V. 29, p. 1284 V. 29, p. 1285 V. 30, p. 144 V. 28, p. 575 V. 29, p. 1285 Register
AGENCY 92: DEPARTMENT OF REVENUE Register V. 28, p. 604 V. 29, p. 1633 V. 28, p. 170 V. 28, p. 170 V. 28, p. 113 V. 29, p. 1281 Register
Amended
V. 30, p. 25-27
AGENCY 111: KANSAS LOTTERY A complete index listing all regulations filed by the Kansas Lottery from 1988 through 2000 can be found in the Vol. 19, No. 52, December 28, 2000 Kansas Register. A list of regulations filed from 2001 through 2003 can be found in the Vol. 22, No. 52, December 25, 2003 Kansas Register. A list of regulations filed from 2004 through 2005 can be found in the Vol. 24, No. 52, December 29, 2005 Kansas Register. A list of regulations filed from 2006 through 2007 can be found in the Vol. 26, No. 52, December 27, 2007 Kansas Register. A list of regulations filed from 2008 through November 2009 can be found in the Vol. 28, No. 53, December 31, 2009 Kansas Register. The following regulations were filed after December 1, 2009: Reg. No. 111-2-30 111-2-232 111-2-233 111-2-234 111-2-235 through 111-2-240 111-2-241 111-2-242 111-2-243 through 111-2-248 111-4-2899 through 111-4-2907 111-4-2908 through 111-4-2911 111-4-2911a 111-4-2912 through 111-4-2923 111-4-2924 through 111-4-2930 111-4-2931 through 111-4-2938 111-4-2939 through 111-4-2948 111-4-2949 through 111-4-2984 111-4-2949 through 111-4-2984 111-4-2985 through 111-4-2988 111-4-2989 111-4-2990 111-4-2991 Action Amended Amended Amended New New New New New New New New New New New New New New New New New New Register V. V. V. V. 29, 29, 29, 29, p. p. p. p. 215 215 215 746
Revoked New
V. 29, p. 1478, 1479 V. 29, p. 1479-1485
V. 29, p. 1214, 1215 V. 29, p. 1247 V. 29, p. 1247 V. 29, p. 1512, 1513 V. 29, p. 9-14 V. 29, p. 149-152 V. 29, p. 152 V. 29, p. 153-157 V. 29, p. 216-222 V. 29, p. 467-473 V. 29, p. 569-575 V. 29, p. 746-769 V. 29, p. 746-769 V. 29, p. 1180-1183 V. 29, p. 1216 V. 29, p. 1217 V. 29, p. 1218
AGENCY 108: STATE EMPLOYEES HEALTH CARE COMMISSION Reg. No. 108-1-1 108-1-1 108-1-3 108-1-3 108-1-4 108-1-4 Action Amended (T) Amended Amended (T) Amended Amended (T) Amended Register V. 29, p. 1340 V. 30, p. 166 V. 29, p. 1342 V. 30, p. 168 V. 29, p. 1344 V. 30, p. 170
AGENCY 109: BOARD OF EMERGENCY MEDICAL SERVICES Reg. No. 109-1-1a 109-2-9 109-3-1 109-5-1 109-5-1a 109-5-1b 109-5-1d 109-5-1e 109-5-1f 109-5-2 109-5-3 109-5-4 109-5-6 109-5-7a 109-5-7b 109-5-7d 109-6-1 109-6-2 109-6-3 109-8-1 109-10-1a Action New (T) Amended Amended Amended (T) New (T) New (T) New (T) New (T) New (T) Amended Amended Revoked New New (T) New (T) New (T) Amended Amended Revoked Amended (T) New (T) Register V. 30, p. 138 V. 28, p. 1030 V. 28, p. 1030 V. 30, p. 138 V. 30, p. 139 V. 30, p. 139 V. 30, p. 139 V. 30, p. 139 V. 30, p. 139 V. 28, p. 574 V. 29, p. 1282 V. 29, p. 113 V. 28, p. 575 V. 30, p. 139 V. 30, p. 140 V. 30, p. 141 V. 29, p. 113 V. 29, p. 113 V. 28, p. 575 V. 30, p. 141 V. 30, p. 141
AGENCY 99: DEPARTMENT OF AGRICULTUREDIVISION OF WEIGHTS AND MEASURES Reg. No. 99-25-1 99-25-5 99-25-12 99-26-1 Reg. No. 100-11-1 100-28a-1 100-28a-2 100-28a-10 100-29-1 Action Amended Amended New Amended Action Amended Amended Amended Amended Amended Register V. 29, p. 1242 V. 29, p. 1242 V. 29, p. 1242 V. 28, p. 522 Register V. 29, p. 650 V. 28, p. 112 V. 28, p. 1736 V. 28, p. 572 V. 29, p. 598
(continued)
Vol. 30, No. 9, March 3, 2011
218
111-4-2992 through 111-4-3011 111-4-3012 through 111-4-3022 111-5-175 through 111-5-179 111-5-180 through 111-5-194 111-5-181 111-5-184 111-5-186 111-5-194 111-9-162 111-9-163 111-9-164 111-9-165 111-9-166 111-9-167 111-9-168 111-9-169 111-201-1 through 111-201-17 111-301-1 through 111-301-6 111-302-1 through 111-302-6 111-303-1 through 111-303-5 111-304-1 through 111-304-6 111-305-1 through 111-305-6 111-306-1 through 111-306-6 111-306-4 111-306-6 111-307-1 through 111-307-7 111-308-1 through 111-308-7 111-309-1 through 111-309-6 111-310-1 through 111-310-6 111-311-1 through 111-311-7
Kansas Register
New New New New Amended Amended Amended Amended New New New New New New New New New New New New New New New Amended Amended New New New New New V. 29, p. 1248-1259 V. 29, p. 1513-1522 V. 29, p. 157-159 V. 29, p. 222-228 V. 29, p. 1522 V. 29, p. 1523 V. 29, p. 1524 V. 29, p. 1525 V. 29, p. 229 V. 29, p. 229 V. 29, p. 230 V. 29, p. 769 V. 29, p. 1184 V. 29, p. 1526 V. 29, p. 1526 V. 29, p. 1527 V. 29, p. 73-79 V. 29, p. 79, 80 V. 29, p. 82-86 V. 29, p. 87-89 V. 29, p. 89-91 V. 29, p. 474, 475 V. 29, p. 1185-1187 V. 29, p.1260 V. 29, p. 1219 V. 29, p. 1189-1191 V. 29, p. 1261-1263 V. 29, p. 1528-1530 V. 29, p. 1530-1532 V. 29, p. 1532-1535 112-102-1 through 112-102-13 112-103-1 through 112-103-12 112-103-15 112-103-16 112-104-34 through 112-104-41 112-107-1 112-107-2 112-107-3 112-107-5 112-107-6 112-107-7 112-107-9 112-107-10 112-107-11 112-107-13 through 112-107-32 112-107-34 112-108-1 through 112-108-57 112-110-1 through 112-110-13 112-111-1 through 112-111-5 112-113-1 112-114-1 through 112-114-6 112-114-8 through 112-114-12 112-114-14 New New New New New New New New New New New New New New New New New New New New New New New V. 28, p. 1161-1163 V. 28, p. 376-382 V. 28, p. 382 V. 28, p. 382 V. 28, p. 1457-1459 V. 28, p. 424 V. 28, p. 424 V. 28, p. 424 V. 28, p. 428 V. 28, p. 428 V. 28, p. 428 V. 28, p. 429 V. 28, p. 429 V. 28, p. 430 V. 28, p. 430-440 V. 28, p. 441 V. 28, p. 1766-1788 V. 28, p. 464-470 V. 28, 470-472 V. 28, p. 382 V. 28, p. 472 V. 28, p. 472, 473 V. 28, p. 473 117-2-2 117-2-2a 117-3-1 117-3-2 117-3-2a 117-4-1 117-4-2 117-4-2a 117-5-2 117-5-2a 117-6-1 117-6-3 117-7-1 117-8-1 117-10-1
Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended New V. 29, p. 413 V. 28, p. 373 V. 29, p. 414 V. 29, p. 415 V. 28, p. 373 V. 29, p. 416 V. 29, p. 417 V. 28, p. 374 V. 28, p. 374 V. 28, p. 375 V. 29, p. 656 V. 29, p. 656 V. 30, p. 92 V. 29, p. 418 V. 28, p. 375
AGENCY 112: RACING AND GAMING COMMISSION Reg. No. 112-12-15 112-13-6 112-101-1 through 112-101-16 Action New New New Register V. 28, p. 797 V. 28, p. 376 V. 28, p. 376-379
AGENCY 115: DEPARTMENT OF WILDLIFE AND PARKS Reg. No. Action Register 115-2-1 Amended V. 29, p. 1602 115-2-3 Amended V. 29, p. 1603 115-2-3a Amended V. 29, p. 1603 115-4-2 Amended V. 29, p. 408 115-4-4 Amended V. 29, p. 658 115-4-4a Amended V. 29, p. 659 115-4-6 Amended V. 29, p. 409 115-4-11 Amended V. 29, p. 67 115-5-1 Amended V. 28, p. 1250 115-5-2 Amended V. 28, p. 1251 115-6-1 Amended V. 28, p. 1251 115-7-1 Amended V. 29, p. 1606 115-7-3 Amended V. 28, p. 1599 115-7-8 Revoked V. 29, p. 1607 115-7-9 Amended V. 29, p. 1607 115-7-10 New V. 28, p. 1600 115-8-1 Amended V. 29, p. 1092 115-8-6 Amended V. 28, p. 1600 115-15-1 Amended V. 28, p. 1079 115-15-2 Amended V. 28, p. 1080 115-18-7 Amended V. 29, p. 659 115-18-20 Amended V. 29, p. 1608 115-20-7 New V. 29, p. 659 AGENCY 117: REAL ESTATE APPRAISAL BOARD Reg. No. Action Register 117-1-1 Amended V. 28, p. 373 117-2-1 Amended V. 29, p. 412
AGENCY 129: KANSAS HEALTH POLICY AUTHORITY Reg. No. 129-5-78 129-5-118 129-5-118a 129-5-118b 129-10-31 Action Amended Amended New Amended New Register V. 28, p. 1464 V. 29, p. 293 V. 29, p. 294 V. 29, p. 296 V. 30, p. 92
Vol. 30, No. 9, March 3, 2011
Kansas Register
In this issue . . .
Page
Secretary of State Notice of corporations forfeited ................................................................................................... 222 Board of Emergency Medical Services Notice of meetings...................................................................................................................... 223 Legislative bills and resolutions introduced February 24-March 2 .................................................. 223 Kansas Commission on Peace Officers Standards and Training Notice of committee meeting....................................................................................................... 223 Department of AdministrationDivision of Purchases Notice to bidders for state purchases ........................................................................................... 223 Department of Revenue Notice of available publications................................................................................................... 224 Kansas Development Finance Authority Notice of hearing on proposed revenue bonds ............................................................................. 224 Department of Health and Environment Request for comments on the Kansas Infant-Toddler Grant Application ........................................ 224 Requests for comments on proposed air quality permits................................................. 225, 226, 227 Notices of hearing on proposed administrative regulations.................................................... 227, 229 Notice of hearing on the FY 2011 Intended Use Plan .................................................................... 229 Notice concerning water pollution control permits/applications .................................................... 230 Pooled Money Investment Board Notice of investment rates........................................................................................................... 225 Department of AdministrationDivision of Accounts and Reports Public notice............................................................................................................................... 227 Kansas Board of Regents Universities Notice to bidders ........................................................................................................................ 231 Office of the Governor Executive Order 11-03, incorporating by reference Executive Orders 98-5, 00-06, 02-05, 03-06, 05-01, 06-02, and 09-06 and continuing the Governors Military Council ...................................... 231 Permanent Administrative Regulations Kansas Insurance Department ..................................................................................................... 232 Temporary Administrative Regulations Department of Health and Environment ...................................................................................... 232 Kansas Lottery (adopted at September 2010 meeting) ................................................................... 232 Kansas Lottery (adopted at October 2010 meeting) ....................................................................... 241 Kansas Lottery (adopted at November 2010 meeting) ................................................................... 249 Index to administrative regulations ................................................................................................ 261
222
State of Kansas
Kansas Register
Secretary of State
Notice of Corporations Forfeited In accordance with K.S.A. 17-7510, the articles of incorporation of the following corporations organized under the laws of Kansas and the authority of the following foreign corporations authorized to do business in Kansas were forfeited during the month of February 2011 for failure to timely file an annual report and pay the annual report fee as required by the Kansas general corporation code: Domestic Corporations
A. R. E. Industries, Inc., Wichita, KS. Abundant Grace Community Fellowship Church, Ellsworth, KS. Academy of the Arts, LLC, Shawnee, KS. All Around The House Inc., Olathe, KS. Caritas Clinics, Inc., Leavenworth, KS. Chappell Drugs, Inc., Chanute, KS. Cherokee Warrior, Inc., Garden City, KS. Clearwater Church of the Nazarene, Clearwater, KS. Concept Solutions, Inc., Alma, KS. Dale E. King, Inc., Overland Park, KS. Ellis County Abstract & Title Co., Inc., Hays, KS. Ewing Investments of Kansas, Inc., Derby, KS. G Race Cycling, Inc., Lawrence, KS. Gleason Ranch, Inc., Larned, KS. House Association of Zeta Iota Chapter of Sigma Chi International, Prairie Village, KS.
Jims Welding & Electrical, Inc., Ulysses, KS. Maplewood Homes Association, Inc., Lenexa, KS. Miami Sun Transfer Inc., Miami, FL. Mpressions, Inc., Lake Quivira, KS. New Day Investments, Inc., Overland Park, KS. Olenhouse Crop Consultants, Inc., Seneca, KS. Plastering Systems, Inc., Kansas City, MO. Quality Body Shop, Inc., Hutchinson, KS. R & J Auto, Inc., Shawnee, KS. Raymond Sand Trucking Inc., Raymond, KS. Recendez, Painting LLC, Kansas City, KS. Saint Benedicts Book And Gift Inc., Atchison, KS. Shawnee Mission Soccer Club, Inc., Lenexa, KS. The Shop H/B MC Club, Kansas City, KS. The Works Inc., Hutchinson, KS. Ultimate Ring Girls Inc., Topeka, KS. Walker Brothers, Inc., Macksville, KS. Wathena Grain Company, Wathena, KS. Wilshire Place, L.L.C., Overland Park, KS.
Creative World School, Inc., Raytown, MO. Doug Reed & Associates, Inc., Overland Park, KS. Grant County Mulch, Inc., Arthur, WV. Guarantee Interiors, Inc., St. Louis, MO. Kansas City Stationery Company, Kansas City, MO. Plasticon, Inc., Kansas City, KS. Service Station Computer Systems, Inc., Salinas, CA.

Doc. No. 039201
Vol. 30, No. 10, March 10, 2011
Meetings/Notices
State of Kansas
Kansas Register
State of Kansas
223

Notice of Meetings The Board of Emergency Medical Services will conduct a board meeting and a Medical Advisory Council meeting at 9 a.m. Friday, March 18, at the Top of the Tower, 534 S. Kansas Ave., Suite 1430, Topeka. All meetings of the board are open to the public. For more information, contact the executive director, Room 1031, Landon State Office Building, 900 S.W. Jackson, Topeka, 66612-1228, (785) 296-7296. Steven Sutton Executive Director
Doc. No. 039199

Notice of Committee Meeting The Kansas Commission on Peace Officers Standards and Training Curriculum Sub-Committee will meet at 10 a.m. Thursday, March 10, in the Administration Building conference room at the Kansas Law Enforcement Training Center, 11009 S. Hornet, Hutchinson. The meeting is open to the public. For more information, call (316) 8329906. John Carmichael Chairperson
Doc. No. 039208
State of Kansas
Legislature
Legislative Bills and Resolutions Introduced The following numbers and titles of bills and resolutions were introduced February 24-March 2 by the 2011 Kansas Legislature. Copies of bills and resolutions are available free of charge from the Legislative Document Room, 58-S, State Capitol, 300 S.W. 10th Ave., Topeka, 66612, (785) 2964096. Full texts of bills, bill tracking and other information may be accessed at www.kslegislature.org. House Bills
HB 2365, AN ACT concerning taxation; imposing excise tax on the transmission of money by money transmitters; prescribing rate of taxation; procedures; distribution of revenue; amending K.S.A. 2010 Supp. 9-508 and repealing the existing section, by Committee on Taxation. HB 2366, AN ACT concerning taxation; relating to countywide retailers sale tax; authority for Douglas county; amending K.S.A. 2010 Supp. 12-187 and repealing the existing section, by Committee on Taxation.
State of Kansas

03/15/2011 03/22/2011 03/23/2011 03/24/2011 03/28/2011 03/29/2011 04/04/2011 EVT0000467 EVT0000470 EVT0000478 EVT0000473 EVT0000477 EVT0000479 EVT0000475 Coordination of CAPTA & CJA Grants Bituminous Plant Mixture, D1 Cooling Tower Replacement Salina High Calcium Quicklime Shirts Golf Window Replacement Lansing Audit Unclaimed Property

HCR 5022, By Special Committee on Natural Gas Storage Fields and Facilities, A CONCURRENT RESOLUTION urging adoption of federal regulations or policies permitting Kansas to regulate the underground storage of natural gas in interstate transportation.
03/24/2011 A-011397(A) Renovation of Bldg. E Exterior Construction Package Jardine Apartments Redevelopment Kansas State University, Manhattan Electrical Distribution Campus Wide Kansas School for the Deaf, Olathe HVAC Upgrades Hughes Hall Pittsburg State University, Pittsburg
House Resolutions
HR 6012, By Representative Sloan, A RESOLUTION in memory of Robert V. Talkington.

SCR 1605, By Senators Morris, Emler, Vratil, Abrams, Apple, Bruce, Brungardt, Faust-Goudeau, Francisco, Haley, Hensley, Holland, Huntington, Kelly, Kelsey, King, Kultala, Longbine, Love, Lynn, Marshall, Masterson, McGinn, Merrick, Olson, Ostmeyer, Owens, Petersen, Pilcher-Cook, Pyle, Reitz, A. Schmidt, V. Schmidt, Schodorf, Taddiken, Teichman, Umbarger and Wagle, A CONCURRENT RESOLUTION urging the United States Congress to fund the construction of the National Bio and Agro-defense Facility (NBAF) and encouraging the Department of Homeland Security to advance the sale of Plum Island Animal Disease Center and direct the proceeds of the sale to be used to help fund the NBAF.
03/24/2011 03/24/2011
A-011443 A-011520
Senate Resolutions
SR 1817, By Committee on Judiciary, A RESOLUTION disapproving Executive Reorganization Order No. 34, relating to consolidation of parole review functions in the executive branch by abolishing the parole board as established by K.S.A. 22-3701 et seq. and establishing the prisoner review board within the department of corrections.
Doc. No. 039190

Doc. No. 039209
Vol. 30, No. 10, March 10, 2011
224
State of Kansas
Kansas Register
Notice of Available Publications Listed below are all the Private Letter Rulings, Opinion Letters, Final Written Determinations, Revenue Rulings, Memorandums, Property Valuation Division Directives, Q&As, Information Guides and Notices published by the Department of Revenue for February 2011. Copies can be obtained by accessing the Policy Information Library located on the Internet at www.ksrevenue.org or by calling the Office of Policy and Research at (785) 296-3081. Private Letter Rulings
P-2011-001 Sales tax on oil and dyed diesel.
Quarter of Section 17, Marquette Township, and the Southeast Quarter of Section 18, Marquette Township, both in McPherson County, Kansas, approximately 3.5 miles west of Marquette on State Highway 4.
Opinion Letters
No new publications

No new publications
Revenue Rulings
No new publications
Notices
No new publications
Doc. No. 039210
Memorandums
No new publications
State of Kansas

No new publications

Request for Comments The Kansas Department of Health and Environment is soliciting comments and recommendations from the public regarding the FFY 2011 Kansas Infant-Toddler Grant Application under Part C of the Individuals with Disabilities Education Act (IDEA), as amended by the Individuals with Disabilities Education Improvement Act of 2004. Funds from this grant will enable the continuance of a statewide comprehensive, coordinated, multidisciplinary system of services for infants and toddlers with disabilities and their families. The grant application may be reviewed for 60 days from the publication of this notice on the KDHE Web site at http://www.ksits.org/ or a hard copy may be requested by calling (785) 296-6135 or (800) 332-6262 (V/TTY). In order to be assured consideration in this grant process, all comments and recommendations must be submitted on or before April 22 to the Kansas Department of Health and Environment, Childrens Developmental Services, Suite 220, Curtis State Office Building, 1000 S.W. Jackson, Topeka, 66612-1274. Comments also may be sent by e-mail to swalters@kdheks.gov. Robert Moser, M.D. Secretary of Health and Environment
Doc. No. 039205
Q&As
No new publications
Information Guides
No new publications

Doc. No. 039191
State of Kansas

Notice of Hearing A public hearing will be conducted at 9 a.m. Thursday, March 24, in the offices of the Kansas Development Finance Authority, 555 S. Kansas Ave., Suite 202, Topeka, on the proposal for the KDFA to issue its Agricultural Development Revenue Bond for the project numbered below in the respective maximum principal amount. The bond will be issued to assist the borrower named below (who will be the owner and operator of the project) to finance the cost in the amount of the bond, which is then typically purchased by a lender bank who then, through the KDFA, loans the bond proceeds to the borrower for the purposes of acquiring the project. The project shall be located as shown:
Project No. 000802Maximum Principal Amount: $74,593.91. Owner/Operator: Ky and Kelsey Swisher. Description: Acquisition of 200 acres of agricultural land and related improvements and equipment to be used by the owner/operator for farming purposes. The project is being financed by the lender for Ky and Kelsey Swisher and is located at the West Half of the West Half of the Northwest
Vol. 30, No. 10, March 10, 2011
Notice/Request for Comments

State of Kansas
Kansas Register
225

Doc. No. 039188
State of Kansas

Request for Comments The Kansas Department of Health and Environment is soliciting comments regarding a proposed air quality construction permit. Kansas City Board of Public Utilities (BPU) has applied for an air quality construction permit in accordance with the provisions of K.A.R. 28-19-300 to initiate an emission reduction project at its Quindaro Power Station, 3601 N. 12th, in Wyandotte County, Kansas City, Kansas, 66104. Emissions of carbon monoxide (CO), oxides of nitrogen (NOx), particulate matter (PM), PM with a diameter less than 10 microns (PM10), PM with a diameter less than 2.5 microns (PM2.5), sulfur dioxide (SO2), volatile organic compounds (VOC), lead, sulfuric acid mist (H2SO4), fluorides, hydrogen sulfide (H2S), and total reduced sulfur were evaluated during the permit review process. The proposed permit is to be issued in accordance with the provisions of K.A.R. 28-19-350, prevention of significant deterioration (PSD), which adopt the federal standards, procedures and requirements of 40 CFR 52.21 by reference. These air quality regulations apply to major stationary emission sources located in areas designated as attainment under the federal Clean Air Act (CAA). Attainment areas are areas where the air quality meets or exceeds the national ambient air quality standards (NAAQS). The PSD regulations require evaluation of emission reduction techniques to identify the best available control technology (BACT) for each pollutant for which the emission rate exceeds the PSD significant level. The purpose of BACT is to affect the maximum degree of reduction achievable, taking into account energy, environmental and economic impacts for each pollutant under review. Evaluation of the estimated emissions for the proposed Quindaro Power Station project indicates that the emission rate of carbon monoxide exceeds the significance lev-
els. BPU conducted the required BACT analysis for CO. The department has reviewed BPUs BACT analysis and concurs with its findings that good combustion practices are BACT for CO. An ambient impact analysis was performed on the air emissions of CO from the Quindaro Power Station project. The analysis demonstrated no significant impact on ambient air quality. No Class I areas are located within 100 km of the facility. Any federal land manager who has reason to believe he/she may have a Class I area adversely impacted by the emissions from the expansion project has the opportunity to present KDHE with an analysis of the adverse impact on the air quality-related values of that Class I area during the comment period. The EPA has not established Class II maximum allowable increments for CO. Accordingly, no calculation of the potential consumption of increment is possible. A public comment period has been established until 5 p.m. April 11 to allow citizens the opportunity to express any concerns they may have about this proposed permitting action. All comments should be submitted in writing to Larry D. Lowry, KDHE, Bureau of Air, 1000 S.W. Jackson, Suite 310, Topeka, 66612-1366, or presented at the public hearing. Any member of the public may request a public hearing be conducted to receive comments on the proposed issuance of the draft air quality construction permit. Written requests to hold a public hearing should be sent to the attention of Sharon Burrell at the address listed above or by fax to (785) 291-3953 and must be received by noon April 11. If no requests to hold the public hearing are received by this date and time, the public hearing will be cancelled. A notice of the cancellation will be posted at the KDHE Web site at http://www.kdheks.gov/bar/public notice.html. If a request is received, a public hearing is tentatively scheduled by the KDHE from 5 to 7 p.m. April 21 at the Unified Government of Wyandotte County/Kansas City, Kansas Public Health Department, 619 Ann Ave., third floor auditorium, Kansas City. If a hearing is conducted, all interested parties will be given a reasonable opportunity to present their views orally or by submission of written materials during the hearing. In order to give all parties an opportunity to present their views, it may be necessary to request that each participant limit oral presentations to a specific time limit. Any individual with a disability may request accommodation in order to participate in the public hearing and may request the proposed materials in an accessible format. Requests for accommodation must be made not later than April 11 by contacting Sharon Burrell at (785) 296-0297. Copies of the proposed permit, permit application, all supporting documentation and all information relied upon during the permit application review process are available for public review for a period of 30 days from the date of publication during normal business hours, 8 a.m. to 5 p.m., at the KDHE, Bureau of Air. Also, a copy of only the proposed permit can be reviewed at the Unified Government of Wyandotte County and Kansas City Kansas, 701 N. 7th St., Kansas City. To obtain or review
(continued)
Vol. 30, No. 10, March 10, 2011
226
Kansas Register
the proposed permit and supporting documentation, contact Larry D. Lowry, (785) 296-6281, at the KDHE central office; and to review the proposed permit only, contact Andrew Beard, (913) 573-6700, at the Unified Government of Wyandotte County/Kansas City, Kansas office. The standard departmental cost will be assessed for any copies requested. Robert Moser, M.D. Secretary of Health and Environment
Doc. No. 039206
State of Kansas

Request for Comments The Kansas Department of Health and Environment is soliciting comments regarding a proposed air quality construction permit. Kansas City Board of Public Utilities (BPU) has applied for an air quality construction permit in accordance with the provisions of K.A.R. 28-19-300 to initiate an emission reduction project at its Nearman Creek Power Station, 4240 N. 55th St., in Wyandotte County, Kansas City, Kansas, 66104. Emissions of carbon monoxide (CO), oxides of nitrogen (NOx), particulate matter (PM), PM with a diameter less than 10 microns (PM10), PM with a diameter less than 2.5 microns (PM2.5), sulfur dioxide (SO2), volatile organic compounds (VOC), lead, sulfuric acid mist (H2SO4), fluorides, hydrogen sulfide (H2S), and total reduced sulfur were evaluated during the permit review process. The proposed permit is to be issued in accordance with the provisions of K.A.R. 28-19-350, prevention of significant deterioration (PSD), which adopt the federal standards, procedures and requirements of 40 CFR 52.21 by reference. These air quality regulations apply to major stationary emission sources located in areas designated as attainment under the federal Clean Air Act (CAA). Attainment areas are areas where the air quality meets or exceeds the national ambient air quality standards (NAAQS). The PSD regulations require evaluation of emission reduction techniques to identify the best available control technology (BACT) for each pollutant for which the emission rate exceeds the PSD significant level. The purpose of BACT is to affect the maximum degree of reduction achievable, taking into account energy, environmental and economic impacts for each pollutant under review. Evaluation of the estimated emissions for the proposed Nearman Creek Power Station project indicates that the emission rate of carbon monoxide exceeds the significance levels. BPU conducted the required BACT analysis for CO. The department has reviewed BPUs BACT analysis and concurs with its findings that good combustion practices are BACT for CO. An ambient impact analysis was performed on the air emissions of CO from the Nearman Creek Power Station project. The analysis demonstrated no significant impact on ambient air quality. No Class I areas are located within 100 km of the facility. Any federal land manager who has reason to believe he/she may have a Class I area adversely
impacted by the emissions from the expansion project has the opportunity to present KDHE with an analysis of the adverse impact on the air quality-related values of that Class I area during the comment period. The EPA has not established Class II maximum allowable increments for CO. Accordingly, no calculation of the potential consumption of increment is possible. A public comment period has been established until 5 p.m. April 11 to allow citizens the opportunity to express any concerns they may have about this proposed permitting action. All comments should be submitted in writing to Larry D. Lowry, KDHE, Bureau of Air, 1000 S.W. Jackson, Suite 310, Topeka, 66612-1366, or presented at the public hearing. Any member of the public may request a public hearing be conducted to receive comments on the proposed issuance of the draft air quality construction permit. Written requests to hold a public hearing should be sent to the attention of Sharon Burrell at the address listed above or by fax to (785) 291-3953 and must be received by noon April 11. If no requests to hold the public hearing are received by this date and time, the public hearing will be cancelled. A notice of the cancellation will be posted at the KDHE Web site at http://www.kdheks.gov/bar/public notice.html. If a request is received, a public hearing is tentatively scheduled by the KDHE from 5 to 7 p.m. April 21 at the Unified Government of Wyandotte County/Kansas City, Kansas Public Health Department, 619 Ann Ave., third floor auditorium, Kansas City. If a hearing is conducted, all interested parties will be given a reasonable opportunity to present their views orally or by submission of written materials during the hearing. In order to give all parties an opportunity to present their views, it may be necessary to request that each participant limit oral presentations to a specific time limit. Any individual with a disability may request accommodation in order to participate in the public hearing and may request the proposed materials in an accessible format. Requests for accommodation must be made not later than April 11 by contacting Sharon Burrell at (785) 296-0297. Copies of the proposed permit, permit application, all supporting documentation and all information relied upon during the permit application review process are available for public review for a period of 30 days from the date of publication during normal business hours, 8 a.m. to 5 p.m., at the KDHE, Bureau of Air. Also, a copy of only the proposed permit can be reviewed at the Unified Government Wyandotte County/Kansas City Kansas, 701 N. 7th St., Kansas City. To obtain or review the proposed permit and supporting documentation, contact Larry D. Lowry, (785) 296-6281, at the KDHE central office; and to review the proposed permit only, contact Andrew Beard, (913) 573-6700, at the Unified Government of Wyandotte County/Kansas City, Kansas office. The standard departmental cost will be assessed for any copies requested. Robert Moser, M.D. Secretary of Health and Environment
Doc. No. 039207
Vol. 30, No. 10, March 10, 2011
Request for Comments/Notices

State of Kansas
Kansas Register
State of Kansas
227

Request for Comments The Kansas Department of Health and Environment is soliciting comments regarding a proposed air quality construction permit. Kansas City Power and Light Company (KCP&L) has applied for an air quality construction permit in accordance with the provisions of K.A.R. 28-19300 to initiate the construction of a temporary building for the fabrication of fiberglass reinforced liners for the proposed dual flue stack at its LaCygne generating station. Emissions of oxides of nitrogen (NOx), sulfur dioxide (SO2), particulate matter equal to or less than ten (10) microns in diameter (PM10), carbon monoxide (CO), volatile organic compounds (VOC) and hazardous air pollutants (HAP) were evaluated during the permit review process. Kansas City Power and Light Company, Kansas City, Missouri, proposes to construct a temporary building for the fabrication of fiberglass reinforced liners for the proposed dual flue stack including horizontal filament winding, non-atomized spray resin and a resin bath. Three diesel-fired indirect heaters also are proposed to provide heating for the temporary building at the generating station located at 25116 E. 2200 Road, LaCygne, Kansas. A copy of the proposed permit, permit application, all supporting documentation and all information relied upon during the permit application review process is available for public review for a period of 30 days from the date of publication during normal business hours at the KDHE, Bureau of Air, 1000 S.W. Jackson, Suite 310, Topeka; and a copy of the proposed permit can be reviewed at the KDHE Southeast District Office, 1500 W. 7th St., Chanute. To obtain or review the proposed permit and supporting documentation, contact Jessica Webb, (785) 296-1578, at the KDHE central office; and to review the proposed permit only, contact Doug Cole, (620) 4312390, at the KDHE Southeast District Office. The standard departmental cost will be assessed for any copies requested. Direct written comments or questions regarding the proposed permit to Jessica Webb, KDHE, Bureau of Air, 1000 S.W. Jackson, Suite 310, Topeka, 66612-1366. In order to be considered in formulating a final permit decision, written comments must be received before the close of business April 11. A person may request a public hearing be held on the proposed permit. The request for a public hearing shall be in writing and set forth the basis for the request. The written request must be submitted to Sharon Burrell, Bureau of Air, not later than the close of business April 11 in order for the Secretary of Health and Environment to consider the request. Robert Moser, M.D. Secretary of Health and Environment
Doc. No. 039198

Public Notice Under requirements of K.S.A. 2010 Supp. 65-34,117(c), records of the Division of Accounts and Reports show the unobligated balances are $4,059,156.42 in the Underground Petroleum Storage Tank Release Trust Fund and $4,090,261.12 in the Aboveground Petroleum Storage Tank Release Trust Fund at February 28, 2011. Dennis Taylor Secretary of Administration
Doc. No. 039203
State of Kansas

Notice of Hearing on Proposed Administrative Regulations The Kansas Department of Health and Environment, Division of Health, Bureau of Child Care and Health Facilities, will conduct a public hearing at 1 p.m. Tuesday, May 17, in the Memorial Hall Auditorium, 120 S.W. 10th Ave., second floor, Topeka, to consider the revocation of family day care home regulations K.A.R. 28-4-120 and 284-121; adoption of new regulation K.A.R. 28-4-93, pertaining to the departments online information dissemination system; amendments to regulations K.A.R. 28-4-113, 28-4-114, 28-4-115 and 28-4-116, and adoption of new regulations K.A.R. 28-4-114a, 28-4-115a, and 28-4116a, pertaining to day care and group day care homes; and amendments to regulation K.A.R. 28-4-440 and adoption of new regulation K.A.R. 28-4-428a, pertaining to preschools and child care centers. The proposed regulations incorporate the provisions of Lexies Law. A summary of the proposed regulations and the estimated economic impact follows: Summary of Regulations: K.A.R. 28-4-93. Online information dissemination system. Provides definitions of terms used throughout the regulation; requires applicant or licensee to notify the department if requesting that facility address and telephone number be withheld from publication. K.A.R. 28-4-113. Definitions. Provides definitions of terms used throughout the day care and group day care home regulations. K.A.R. 28-4-114. Applicant; licensee. Describes application process for license and applicant and licensee requirements; addresses operation of more than one facility and prohibits licensure concurrently for more than one type of child care or child and adult care on same premises; lists license capacity, counting a child not functioning at developmental level, capacity not to be exceeded, provision for emergency care, and additional children on premises; requires appointment of substitute for primary care provider; requires posting of temporary permit or license and availability of current regulations; addresses closure.
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K.A.R. 28-4-114a. Initial and ongoing professional development. Requires orientation for applicant and anyone caring for children; describes health and safety training; requires first aid and CPR; lists initial and annual professional development requirements; requires documentation. K.A.R. 28-4-115. Facility. Describes water and sewerage systems requirements and drinking water for infants; addresses general environmental requirements, fire safety approval, fire inspector approval for use of basement or second floor, and prohibits use of third floor; requires refrigerator and storage of refrigerated medications in locked box; addresses storage of hazardous items and storage of guns and other weapons; requires designated outdoor play area. K.A.R. 28-4-115a. Supervision. Requires and describes contents of a supervision plan; describes requirements for general supervision of children, indoor and outdoor supervision, and evening and overnight care. K.A.R. 28-4-116. Daily care of children. Requires communication with parents; addresses requirements for daily schedule of activities; assisting child with personal care, hand washing; prohibits smoking; lists requirements for nutrition and food service; requires recordkeeping. K.A.R. 28-4-116a. Napping and sleeping. Requires rest period for each child; describes elements of safe sleep practices, lists requirements for sleeping surfaces and consumer warnings or recalls; addresses transition from crib or playpen to other surface. K.A.R. 28-4-120. Family day care home certificate of registration. Revoked effective July 1, 2011. K.A.R. 28-4-121. Required immunizations for children under 16 years of age. Revoked effective July 1, 2011. K.A.R. 28-4-428a. Education and training requirements. Requires orientation for applicant and staff; describes health and safety training, requires first aid and CPR; lists education and annual in-service training requirements; requires documentation. K.A.R. 28-4-440. Infant and toddler programs. States program requirements, including use of ground floor only, separate units from those for older children; prohibits floor furnaces; for infants, requires separate sleeping area and crib or playpen for each infant; lists requirements for cribs and playpens and consumer warnings or recalls; lists elements of safe sleep policies and practices; requires attendance to children when awake; requires adult-size rocking chair for each unit and chairs, tables, etc., for children not held for feeding; requires provision of towels and washcloths or disposable products; addresses cleaning of items that children may place in their mouths; lists staff requirements; addresses program requirements; lists food service requirements; lists requirements for toileting; requires daily communication with parents and guardians. Economic Impact: Cost to the agency: There is no additional cost to the agency. Any costs will be absorbed in the current budget. Cost to licensees: There is no cost for licensees pertaining to the online information dissemination system (K.A.R. 28-4-93).
For the professional development and training requirements (K.A.R. 28-4-114a and K.A.R. 28-4-428a) a number of current licensees and care providers, as part of their own professional development, already meet these requirements. For those who do not meet the requirements, there are low-cost training opportunities through resource and referral agencies, county health departments, and other community partners. The proposed new regulations allow current licensees and staff up to one calendar year to complete the requirements. K.A.R. 28-4-116a and K.A.R. 28-4-440 prohibit the use of drop-side cribs in child care facilities after December 28, 2012. This prohibition is due to a recent change in federal standards for the manufacture and sale of cribs, which include a requirement that child care facilities phase out the use of drop-side cribs by that date. The purpose of the delayed compliance date is to provide adequate time for the manufacture of complying cribs and for facilities to obtain complying cribs. In Kansas, licensed day care homes, group day care homes, and child care centers with infants enrolled may use either cribs or playpens for napping or sleeping infants. It is unknown how many facilities currently have cribs that must be replaced by December 28, 2012. For those facilities replacing noncompliant cribs, the estimated cost per crib is $200-$500. Child care facilities will continue to have the option to use the less expensive playpens. Costs to other governmental agencies or units: There is no known additional cost. The time period between publication of this notice and the scheduled hearing serves as the required public comment period of at least 60 days for the purpose of receiving written public comments on the proposed amended regulations. At any time during the public comment period any interested parties may submit written comments to Dorothy Tenney, KDHE, Child Care Licensing and Registration Program, 1000 S.W. Jackson, Suite 200, Topeka, 66612-1274, by fax at (785) 296-0803, or by e-mail to dtenney@kdheks.gov. During the hearing, all interested parties will be given a reasonable opportunity to present their views orally on the proposed new regulations as well as an opportunity to submit their written comments. In order to give each individual an opportunity to present their views, it may be necessary for the hearing officer to request that each presenter limit any oral presentation to an appropriate time frame. Complete copies of the proposed regulations and the corresponding economic impact statements may be obtained on the Child Care Licensing Web site at www.kdheks.gov/ kidsnet/ or by contacting Dorothy Tenney at the address above, (785) 296-1270 or fax (785) 296-0803. Any individual with a disability may request accommodation in order to participate in the public hearing and may request the proposed regulations and economic impact statements in an accessible format. Requests for accommodation should be made at least five working days in advance of the hearing by contacting Dorothy Tenney. Robert Moser, M.D. Secretary of Health and Environment
Doc. No. 039197
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that prescribed burning not exempted in this regulation will be conducted in March or May. The time period between the publication of this notice and the scheduled hearing constitutes a 60-day public comment period for the purpose of receiving written public comments on the proposed regulatory action. All interested parties may submit written comments prior to 5 p.m. on the day of the hearing to Keith Weber, KDHE, Bureau of Air, 1000 S.W. Jackson, Suite 310, Topeka, 66612, by fax to (785) 296-7455, or by e-mail to kweber@kdheks.gov. All interested parties will be given a reasonable opportunity to present their views orally on the proposed regulatory action during the hearing, as well as to submit their written comments at that time. In order to give all parties an opportunity to present their views, it may be necessary to require each participant to limit any oral presentation to five minutes. Copies of the proposed regulation and complete economic impact and environmental benefit statements may be obtained by contacting Keith Weber at (785) 291-3278 or kweber@kdheks.gov. Copies also may be viewed at the following locations: Department of Air Quality, Unified Government of Wyandotte County - Kansas City, Kansas Health Department, 619 Ann Ave., Kansas City, Kansas Johnson County Environmental Department, 11811 S. Sunset, Suite 2700, Olathe Curtis State Office Building, 1000 S.W. Jackson, Suite 310, Topeka KDHE Northeast District Office, 800 W. 24th St., Lawrence KDHE Northwest District Office, 2301 E. 13th St., Hays KDHE North Central District Office, 2501 Market Place, Suite D, Salina KDHE South Central District Office, 130 S. Market, Suite 6050, Wichita KDHE Southeast District Office, 1500 W. 7th St., Chanute KDHE Southwest District Office, 302 W. McArtor Road, Dodge City Wichita-Sedgwick County Dept. of Community Health, 1900 E. 9th St., Wichita The material also is available on the Bureau of Airs Web site at http://www.kdheks.gov/bar/public notice.html. Questions pertaining to the proposed regulation should be directed to Keith Weber. Any individual with a disability may request accommodation in order to participate in the public hearing and may request the proposed regulation and the economic impact and environmental benefit statements in an accessible format. Requests for accommodation should be made at least five working days in advance of the hearing by contacting Keith Weber. Robert Moser, M.D. Secretary of Health and Environment
Doc. No. 039196
A public hearing will be conducted at 10 a.m. Tuesday, April 5, in the Azure Room, fourth floor, Curtis State Office Building, 1000 S.W. Jackson, Topeka, to discuss and present the First Amendment to the FY 2011 Intended Use Plan for the Kansas Water Pollution Control Revolving Loan Fund. The Kansas Department of Health and Environment, Bureau of Water, has prepared documents to update the IUP for the state fiscal year 2011. The documents are available on the KDHE Web site at http:// www.kdheks.gov/muni/index.htm. Comments on the update to the Intended Use Plan are welcome and requested. Any questions or comments should be directed to Rodney R. Geisler, P.E., Chief, Municipal Programs Section, Bureau of Water, KDHE, Suite 420, Curtis State Office Building, 1000 S.W. Jackson, Topeka, 66612-1367, or to rgeisler@kdheks.gov. Robert Moser, M.D. Secretary of Health and Environment
Doc. No. 039189
State of Kansas

Notice of Hearing on Proposed Administrative Regulations The Kansas Department of Health and Environment, Division of Environment, Bureau of Air, will conduct a public hearing at 10 a.m. Monday, May 23, in Room 530 of the Curtis State Office Building, 1000 S.W. Jackson, Topeka, to consider the adoption of K.A.R. 28-19-645a, a proposed new regulation regarding open burning restrictions that supersede the provisions of K.A.R. 28-19-645 for certain counties during the month of April. This regulation is being promulgated as both a temporary and a permanent regulation. A summary of the proposed regulation and the estimated economic impact follows: Summary of Regulation: K.A.R. 28-19-645a is necessary due to KDHEs adoption of the Flint Hills Smoke Management Plan (SMP), which calls for restrictions on open burning in the following counties during the month of April: Butler, Chase, Chautauqua, Cowley, Elk, Geary, Greenwood, Johnson, Lyon, Marion, Morris, Pottawatomie, Riley, Sedgwick, Wabaunsee and Wyandotte. The SMP was created to help address prior violations of National Ambient Air Quality Standards in the Kansas City and Wichita metropolitan areas that were directly caused by fire emissions from the Flint Hills and to mitigate future air quality impacts of burning in the Flint Hills. Economic Impact: Compliance costs resulting from proposed K.A.R. 2819-645a are expected to be minimal, as it is anticipated
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This permit is being reissued for an existing facility with a maximum capacity of 428 head (171.2 animal units) of swine more than 55 pounds. There is no change in the permitted animal units from the previous permit. Legal Receiving Description Water S/2 of Section 32 & Missouri River SW/4 of Section 33, Basin T01S, R15E & NW/4 of Section 04, T02S, R15E, Brown County Kansas Permit No. A-MOBR-S008 This permit is being reissued for an existing facility with a maximum capacity of 1,500 head (600 animal units) of swine more than 55 pounds and 200 head (200 animal units) of beef cattle more than 700 pounds, for a total of 800 animal units. There is no change in the permitted animal units from the previous permit. Name and Address of Applicant Scoby Farm, Inc. James Scoby 2825 Bittersweet Road Morrill, KS 66515
Name and Address Legal Receiving of Applicant Description Water Luke J. Hoeme W/2 of Section 05, Lower Arkansas 50144 N.E. 100th Ave. T27S, R11W, Pratt River Basin Preston, KS 67583 County Kansas Permit No. A-ARPR-B009 This is a new permit for an existing, modified facility for 999 head (999 animal units) of cattle weighing greater than 700 pounds. A new wastewater management system consisting of a new wastewater retention structure, two settling basins, two freshwater diversion channels and pen modifications will be constructed at this facility. Name and Address Legal Receiving of Applicant Description Water Bellar Farms SW/4 of Section 02, Verdigris River Mike Bellar T30S, R10E, Elk Basin 1411 Killdeer County Howard, KS 67349 Kansas Permit No. A-VEEK-S010 This permit is being reissued for a confined animal feeding operation for 1,500 head (600 animal units) of swine weighing more than 55 pounds and 500 head (50 animal units) of swine weighing less than 55 pounds. This represents and increase in the permitted animal units from the previous permit. The permit contains modifications consisting of two additional enclosed swine buildings and a new dead animal compost facility. Name and Address Legal Receiving of Applicant Description Water Phillip Sealock SE/4 of Section 07, Solomon River Route 2, Box 127 T08S, R28W, Basin Hoxie, KS 67740 Sheridan County Kansas Permit No. A-SOSD-B004 This permit is being reissued for a maximum capacity of 999 head (999 animal units) of cattle more than 700 pounds. There is no change in the permitted animal units from the previous permit. Name and Address Legal Receiving of Applicant Description Water Fabrizius Fats NE/4 of Section 33, Smoky Hill River Paul M. Fabrizius T12S, R23W, Trego Basin 20095 260 Ave. County WaKeeney, KS 67672 Kansas Permit No. A-SHTR-S004
Persons wishing to comment on the draft documents and/or permit applications must submit their comments in writing to the Kansas Department of Health and Environment if they wish to have the comments considered in the decision-making process. Comments should be submitted to the attention of the Livestock Waste Management Section for agricultural-related draft documents or applications, or to the Technical Services Section for all other permits, at the Kansas Department of Health and Environment, Division of Environment, Bureau of Water, 1000 S.W. Jackson, Suite 420, Topeka, 66612-1367. All comments regarding the draft documents or application notices received on or before April 9 will be considered in the formulation of the final determinations regarding this public notice. Please refer to the appropriate Kansas document number (KS-AG-11-039/043) and name of the applicant/permittee when preparing comments. After review of any comments received during the public notice period, the Secretary of Health and Environment will issue a determination regarding final agency action on each draft document/application. If response to any draft document/application indicates significant public interest, a public hearing may be held in conformance with K.A.R. 28-16-61 (28-46-21 for UIC). All draft documents/applications and the supporting information including any comments received are on file and may be inspected at the offices of the Kansas Department of Health and Environment, Bureau of Water. These documents are available upon request at the copying cost assessed by KDHE. Application information and components of plans and specifications for all new and expanding swine facilities are available on the Internet at http://www.kdheks.gov/feedlots. Division of Environment offices are open from 8 a.m. to 5 p.m. Monday through Friday, excluding holidays. Robert Moser, M.D. Secretary of Health and Environment
Doc. No. 039202
Vol. 30, No. 10, March 10, 2011
Notice/Executive Order
State of Kansas
Kansas Register
State of Kansas
231


Executive Order 11-03 WHEREAS, military forces in Kansas, composed of Active, Reserve and National Guard, contribute to peace for the state, nation, and world; and WHEREAS, military activities in Kansas provide thousands of jobs and more than $7 billion annually for Kansas economy; and WHEREAS, men and women in the military, and their families, whose talents contribute to the well-being of their communities are valued as important assets to our State; and WHEREAS, it is essential to preserve all military and related jobs for the benefit of Kansas families and the Kansas economy; and WHEREAS, the State of Kanas desires to strengthen the presence and expansion of military facilities; and WHEREAS, the State of Kansas should support and appreciate the men and women who serve our nation; and WHEREAS, by Executive Order 98-5 dated July 2, 1998, Governor Bill Graves established the Governors Military Affairs Coordinating Council; and WHEREAS, the provision of Executive Order 98-5 provided for the expiration of the Executive Order on May 1, 2000; and WHEREAS, Executive Order 00-06 extended the Governors Military Affairs Coordinating Council until November 1, 2002; and WHEREAS, Executive Order 02-05 extended the Governors Military Affairs Coordinating Council until May 1, 2003; and WHEREAS, Executive Order 03-06 issued by Governor Sebelius extended the Governors Military Affairs Coordinating Council until May 1, 2005; and WHEREAS, Executive Order 05-01 issued by Governor Sebelius extended the Governors Military Affairs Coordinating Council until May 7, 2007; and WHEREAS, Executive Order 06-02 issued by Governor Sebelius extended the Governors Military Affairs Coordinating Council until May 1, 2009; and WHEREAS, Executive Order 09-06 issued by Governor Parkinson extended the Governors Military Affairs Coordinating Council until February 28, 2011 unless rescinded earlier or lengthened by executive order. NOW, THEREFORE, pursuant to the authority vested in me as Governor of the State of Kansas, I hereby incorporate by reference Executive Orders 98-5, 00-06, 02-05, 03-06, 05-01, 06-02, and 09-06 and continue said Governors Military Council, with the following purposes and charges, which shall be controlling from the effective date of this order: 1. The Council shall be composed of no more than thirty members appointed by the Governor. The Governor will designate one member as Chair and may designate other offices as deemed appropriate. Base/Post Commanders may serve as ex-officio members of the Council. 2. Members of the Council shall serve at the pleasure of the Governor and shall meet upon the call of the
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Doc. No. 038494
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chairperson as necessary to carry out the duties outlined in this executive order. 3. Members of the Council shall receive no compensation, subsistence allowance, mileage or expenses from the State of Kansas. 4. The Councils duty will be to initiate, act upon and consider all necessary strategies to: a. Optimize the military presence in Kansas through removal of operational impediments, increasing operating efficiencies, and recruitment/ acquisition of new missions and force structure; b. Active foster close, effective cooperation among the instillations and public and private sectors throughout the State; c. Aggressively pursue initiatives to enhance the quality of life for veterans and all active and reserve component military personnel; d. Promote Kansas as a desired location for all Department of Defense retirees; e. Explore and develop outreach opportunities for individuals discharging or retiring from military service to use their talents and skills as members of the Kansas workforce; f. Assist in the development, coordination, and execution of strategy required by any future change in missions proposed by the Department of Defense. g. Grow defense-related industries in areas around the states military bases and instillations. This document shall be filed with the Secretary of State as Executive Order No. 11-03 and shall become effective immediately. IT IS SO ORDERED. Dated February 24, 2011. Sam Brownback Governor
Doc. No. 039192
(1) Open burning operations for the purpose of range or pasture management and conservation reserve program (CRP) burning activities meeting the requirements in K.A.R. 28-19-648 (a)(1) through (a)(4); and (2) open burning operations listed in K.A.R. 28-19-647 (a)(1) and (a)(2). (c) A person may obtain approval by the secretary to conduct an open burning operation that is not otherwise exempt if the conditions and requirements of the following are met: (1) K.A.R. 28-19-647 (b)(1) through (b)(3); and (2) K.A.R. 28-19-647 (d) and (e). (d) Open burning operations that shall require approval by the secretary and are deemed necessary and in the public interest shall include the open burning operations listed in K.A.R. 28-19-647 (c)(1) through (c)(3). (e) In Johnson, Wyandotte, and Sedgwick counties, the open burning operations listed in K.A.R. 28-19-647 (c)(4) and (c)(5) shall require approval by the local authority. (f) Nothing in this regulation shall restrict the authority of local jurisdictions to adopt more restrictive ordinances or resolutions governing agricultural open burning operations. (Authorized by K.S.A. 2010 Supp. 65-3005; implementing K.S.A. 2010 Supp. 65-3005 and K.S.A. 65-3010; effective, T-28-3-1-11, March 1, 2011.) Robert Moser, M.D. Secretary of Health and Environment
Doc. No. 039195
State of Kansas

Permanent Administrative Regulations Article 3.FIRE AND CASUALTY INSURANCE 40-3-33. (Authorized by K.S.A. 40-103, 40-2116; implementing K.S.A. 40-2101; effective, E-69-3, Oct. 7, 1968; amended, E-69-5, Jan. 8, 1969; effective Jan. 1, 1970; amended, E-70-41, Sept. 1, 1970; amended Jan. 1, 1970; amended May 1, 1988; amended Nov. 29, 1993; amended July 30, 1999; revoked March 25, 2011.) Sandy Praeger Kansas Insurance Commissioner
Doc. No. 039200
State of Kansas

Temporary Administrative Regulations Article 19.AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL 28-19-645a. Restrictions on open burning operations that supersede the provisions of K.A.R. 28-19-645 for certain counties during the month of April. (a) A person shall not cause or permit open burning operations of any waste, including vegetation and wood waste, structures, or any other materials on any premises during the month of April in Butler, Chase, Chautauqua, Cowley, Elk, Geary, Greenwood, Johnson, Lyon, Marion, Morris, Pottawatomie, Riley, Sedgwick, Wabaunsee, and Wyandotte counties, except as authorized by subsections (b) through (d). (b) The following activities shall be exempt from the prohibition in subsection (a):
State of Kansas
Kansas Lottery
Temporary Administrative Regulations Article 2.LOTTERY RETAILERS
COSENTINOS PRICE CHOPPER PROMOTION
111-2-230. Cosentinos Price Chopper grocery give-a-way. (a) During the term of this promotion with participating chain numbers 1436 and 1732 Cosentinos Price Chopper stores in Kansas, for every Super Kansas Cash single ticket purchase of $3 or more, the player shall
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receive an entry for the Grocery Give-A-Way promotion drawing. Lottery terminals shall automatically dispense an entry form for each $3 or more Super Kansas Cash single ticket purchase at participating Cosentinos Price Chopper Kansas lottery retailers during the term of this promotion. The qualifying Super Kansas Cash purchase may be for a single draw or for multiple draws. (b) The term of this promotion shall be from October 17, 2010, through the end of the business day on November 13, 2010. (c) During the term of this promotion, drop boxes for the deposit of entries shall be provided by the lottery and placed at all participating Cosentinos Price Chopper locations. All drop boxes shall be retrieved by the Kansas lottery at the end of the promotion. (d) After the term of this promotion has ended, one entry and two alternate entries shall be drawn by the Kansas lottery pursuant to standard lottery drawing procedures for each of the four Price Chopper grocery store locations. (e) The winner from each store will win $100 in groceries. The Kansas lottery will give each store a $75 instant ticket credit. Cosentinos will pay the additional $25 per store for the total $100 prize. (f) The drawing is tentatively set to be held on or about November 15, 2010, at the Cosentinos corporate office. (g) The game promotion procedure set forth hereinabove shall be repeated for the second eligible contestant and possible alternate winners. (Authorized by and implementing K.S.A. 74-8710; effective, T-111-10-8-09, Sept. 9, 2009; amended, T-111-12-7-10, Sept. 8, 2010.) 111-2-231. Method of entry. (a) Entry into the Grocery Give-A-Way promotion shall be accomplished as follows: (1) During the term of this promotion, with every qualifying purchase of $3 or more Super Kansas Cash on a single ticket, an entry form shall be automatically produced by the lottery online terminal. (2) The purchaser must complete the information on the entry form in a legible manner. Only one name shall appear on each entry form. (3) The completed entry form must be placed into the designated drawing receptacle provided at any participating Cosentinos Price Chopper store no later than the close of business for that store on November 13, 2010. (4) The holder of the entry is not required to personally attend the drawing or be present at the time of the drawing to be determined a winner. (5) The drawing shall be conducted at each store location after the entry deadline for the promotion. One and two alternate entries per store shall be drawn by lottery personnel pursuant to standard Kansas lottery procedures. (6) Entry forms obtained during the stated period of time may be entered in the drawing. (b) There is no limit on the number of entries a person may make, but each person may only win once regardless of the place of entry. (c) All eligible entry forms which are deposited into a drawing receptacle by the end of business for that store on November 13, 2010, shall be entered into the drawing.
(d) Eligible entrants in the promotion must be 18 years of age or older, and may not be an employee of any Cosentinos Price Chopper store in Kansas. (e) Completing the information form on the entry form and entering the ticket into any drawing constitutes authorization to publicly identify the person whose entry is drawn. (Authorized by and implementing K.S.A. 74-8710; effective, T-111-10-8-09, Sept. 9, 2009; amended, T-111-127-10, Sept. 8, 2010.) 111-2-247. Determination of Kansas Holdem Retailer/Player Contest and Drawings winners and prizes. (a) At a time and date determined by the executive director of the Kansas lottery beginning September 30, 2010, through October 6, 2010, a drawing in each participating store location shall occur. (b) A Kansas lottery employee designated by the executive director of the Kansas lottery shall be the drawing official for the drawing. At the time of the drawing, the drawing official shall rotate the contents of the drop box. Using the bare-arm technique, and while looking away, the drawing official shall draw, one by one, entries from the drop box as winners of prizes. The number of entries drawn shall be the same number as number of prizes listed on the retailers drop box. The winning entry forms shall be marked in the order drawn, i.e., 1, 2, 3, and shall correspond with the numerical order of the prize listed on the retailers drop box. After the draw official has drawn the appropriate number of winning entries, three more entries shall be drawn and marked as 1A, 2A, and 3A, and shall serve as alternate entries. (c) All winning entries shall be verified by a Kansas lottery security representative or a Kansas lottery employee designated by the executive director of the Kansas lottery and verified as a valid entry. If any winning entry that was drawn is declared ineligible, the next alternate entry shall be declared a winner for that prize. (Authorized by and implementing K.S.A. 74-8710; effective, T111-9-1-2010, Aug. 18, 2010; amended, T-111-12-7-10, Sept. 8, 2010.) 111-2-248. Certification of drawings. (a) The Kansas Holdem Retailer/Player Contest and Drawings shall be personally observed by a member of the Kansas lottery sales department or other person or persons designated by the executive director of the lottery (event manager). (b) Upon completion of the drawing, the drawing official shall issue a report to the executive director, certifying that the name of each prize winner is correct, and that to the best of their knowledge, the procedures required by these rules were followed in selecting the prize winners. (Authorized by and implementing K.S.A. 748710; effective, T-111-9-1-2010, Aug. 18, 2010; amended, T-111-12-7-10, Sept. 8, 2010.) 111-2-249. Kabredlos #1542 retailer holiday millionaire raffle ticket incentive. (a) During the period beginning on or about October 1, 2010, and ending on or about December 29, 2010, in addition to compensation provided for in K.A.R. 111-2-4, the Kansas lottery also offers all eligible participating Kabredlos lottery retailers
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located in Kansas an opportunity to participate in a Holiday Millionaire Raffle (raffle) ticket sales promotion. (b) At the end of the promotion, the store with the highest sales in cumulative raffle ticket sales for the period designated in subsection (a) above, will win Kansas lottery instant ticket coupons valued at $200 or Kansas lottery coupons. The store with the second highest sales in cumulative raffle ticket sales for the period designated in subsection (a) above, will win Kansas lottery instant ticket coupons valued at $100 or Kansas lottery coupons. The store with the third highest sales in cumulative raffle ticket sales for the period designated in subsection (a) above, will win Kansas lottery instant ticket coupons valued at $50 or Kansas lottery coupons. (Authorized by and implementing K.S.A. 74-8710 and K.S.A. 74-8708; effective, T-111-12-7-10, Sept. 8, 2010.) 111-2-250. Pester Marketing dba 1st Stop #1712 retailer holiday millionaire raffle ticket incentive. (a) During the period beginning on or about October 1, 2010, and ending on or about December 29, 2010, in addition to compensation provided for in K.A.R. 111-2-4, the Kansas lottery also offers all eligible participating 1st Stop lottery retailers located in Kansas an opportunity to participate in a Holiday Millionaire Raffle (raffle) ticket sales promotion. (b) At the end of the promotion, the store with the highest sales in cumulative raffle ticket sales for the period designated in subsection (a) above, will win Kansas lottery instant ticket coupons valued at $200 or Kansas lottery coupons. The store with the second highest sales in cumulative raffle ticket sales for the period designated in subsection (a) above, will win Kansas lottery instant ticket coupons valued at $100 or Kansas lottery coupons. The store with the third highest sales in cumulative raffle ticket sales for the period designated in subsection (a) above, will win Kansas lottery instant ticket coupons valued at $50 or Kansas lottery coupons. (Authorized by and implementing K.S.A. 74-8710 and K.S.A. 74-8708; effective, T-111-12-7-10, Sept. 8, 2010.) 111-2-251. Shop Quik #1001 retailer holiday millionaire raffle ticket incentive. (a) During the period beginning on or about October 1, 2010, and ending on or about December 29, 2010, in addition to compensation provided for in K.A.R. 111-2-4, the Kansas lottery also offers all eligible participating Shop Quik lottery retailers located in Kansas an opportunity to participate in a Holiday Millionaire Raffle (raffle) ticket sales promotion. (b) At the end of the promotion, the store with the highest sales in cumulative raffle ticket sales for the period designated in subsection (a) above, will win Kansas lottery instant ticket coupons valued at $200 or Kansas lottery coupons. The store with the second highest sales in cumulative raffle ticket sales for the period designated in subsection (a) above, will win Kansas lottery instant ticket coupons valued at $100 or Kansas lottery coupons. The store with the third highest sales in cumulative raffle ticket sales for the period designated in subsection (a) above, will win Kansas lottery instant ticket coupons val Kansas Secretary of State 2011
ued at $50 or Kansas lottery coupons. (Authorized by and implementing K.S.A. 74-8710 and K.S.A. 74-8708; effective, T-111-12-7-10, Sept. 8, 2010.) 111-2-252. Zarco 66 #1470 retailer holiday millionaire raffle ticket incentive. (a) During the period beginning on or about October 1, 2010, and ending on or about December 29, 2010, in addition to compensation provided for in K.A.R. 111-2-4, the Kansas lottery also offers all eligible participating Zarco 66 lottery retailers located in Kansas an opportunity to participate in a Holiday Millionaire Raffle (raffle) ticket sales promotion. (b) At the end of the promotion, the store with the highest sales in cumulative raffle ticket sales for the period designated in subsection (a) above, will win Kansas lottery instant ticket coupons valued at $200 or Kansas lottery coupons. The store with the second highest sales in cumulative raffle ticket sales for the period designated in subsection (a) above, will win Kansas lottery instant ticket coupons valued at $100 or Kansas lottery coupons. The store with the third highest sales in cumulative raffle ticket sales for the period designated in subsection (a) above, will win Kansas lottery instant ticket coupons valued at $50 or Kansas lottery coupons. (Authorized by and implementing K.S.A. 74-8710 and K.S.A. 74-8708; effective, T-111-12-7-10, Sept. 8, 2010.) Article 4.INSTANT GAMES AND DRAWINGS 111-4-3023. Cool $50s instant ticket lottery game number 334. (a) The Kansas lottery shall conduct an instant winner lottery game entitled Cool $50s commencing on or after October 1, 2010. The rules for this game are contained in K.A.R. 111-3-1 et seq. and 111-43023. (b) The prize symbols and captions for this game are as follows:
Play Symbols Captions
FREE TICKET TWO$ $2.00 $5.00 FIVE$ TEN$ 10.00 15.00 FIFTEEN FIFTY 50.00 $500$ FIVE-HUN (c) For this game, a play symbol shall appear in each of six play spots within the play area or areas. (d) The ticket numbers in each book of tickets in this game shall start with 000 and end with 299. (e) The three letters comprising the retailer validation codes used in this game shall appear in three of eight varying locations among the play symbols. The retailer validation codes for this game and their meanings are as follows: FRE Free Ticket TWO $2.00 FIV $5.00 TEN $10.00 FTN $15.00 FTY $50.00 FHN $500.00
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(f) The price of instant tickets sold by a retailer for this game shall be $1.00 each. (g) Cool $50s is a match three of six game. A player will remove the scratch-off material over the game play area to reveal six prize amounts. If three of the six prize amounts match, the player wins that prize amount. (h) Each ticket in this game may win up to one time. (i) Approximately 600,000 tickets shall be ordered initially for this instant game. Additional ticket orders shall have the same prize structure, the same number of prizes per prize pool of 300,000 tickets, and the same odds as were contained in the initial ticket order. (j) The expected number and value of instant prizes in this game shall be as follows:
3 - Frees 3 - $2.00s 3 - $5.00s 3 - $10.00s 3 - $15.00s 3 - $50.00s 3 - $500.00s TOTAL Prize Free Ticket $2 $5 $10 $15 $50 $500 Expected Number of Prizes in Game 72,000 28,000 13,600 3,700 2,184 2,200 10 121,694 Expected Value in Game $0 56,000 68,000 37,000 32,760 110,000 5,000 $308,760
(g) Diamond $100s is a match three of six prize amounts game. The player will remove the latex covering the play area to reveal six prize amounts. If the player matches three like prize amounts, the player wins that amount. (h) Each ticket in this game may win up to one time. (i) Approximately 600,000 tickets shall be ordered initially for this instant game. Additional ticket orders shall have the same prize structure, the same number of prizes per prize pool of 300,000 tickets, and the same odds as were contained in the initial ticket order. (j) The expected number and value of instant prizes in this game shall be as follows:
3 - Frees 3 - $2.00s 3 - $5.00s 3 - $25.00s 3 - $50.00s 3 - $100.00s 3 - $1,000.00s TOTAL Prize Free Ticket $2 $5 $25 $50 $100 $1,000 Expected Number of Prizes in Game 72,000 28,000 12,200 1,200 740 1,200 6 115,346 Expected Value in Game $0 56,000 61,000 30,000 37,000 120,000 6,000 $310,000
(k) The odds of winning a prize in this game are approximately one in 4.93. (Authorized by K.S.A. 74-8710; implementing K.S.A. 74-8710 and K.S.A. 74-8720; effective, T-111-12-7-10, Sept. 8, 2010.) 111-4-3024. Diamond $100s instant ticket lottery game number 335. (a) The Kansas lottery shall conduct an instant winner lottery game entitled Diamond $100s commencing on or after October 1, 2010. The rules for this game are contained in K.A.R. 111-3-1 et seq. and 111-4-3024. (b) The prize symbols and captions for this game are as follows:
Prize Symbols Captions
(k) The odds of winning a prize in this game are approximately one in 5.20. (Authorized by K.S.A. 74-8710; implementing K.S.A. 74-8710 and K.S.A. 74-8720; effective, T-111-12-7-10, Sept. 8, 2010.) 111-4-3025. Triple Tripler instant ticket lottery game number 336. (a) The Kansas lottery shall conduct an instant winner lottery game entitled Triple Tripler commencing on or after October 1, 2010. The rules for this game are contained in K.A.R. 111-3-1 et seq. and 111-43025. (b) The play and prize symbols and captions for this game are as follows:
FREE TICKET TWO$ $2.00 $5.00 FIVE$ TWEN-FIV 25.00 FIFTY 50.00 $100$ ONE-HUN $1000 ONETHOU (c) For this game, a play symbol shall appear in each of six play spots within the play area or areas. (d) The ticket numbers in each book of tickets in this game shall start with 000 and end with 299. (e) The three letters comprising the retailer validation codes used in this game shall appear in three of eight varying locations among the play symbols. The retailer validation codes for this game and their meanings are as follows: FRE Free Ticket TWO $2.00 FIV $5.00 TWF $25.00 FTY $50.00 HUN $100.00 (f) The price of instant tickets sold by a retailer for this game shall be $1.00 each.
$1 $2.00 $3.00 $5.00 10.00 18.00 30.00 90.00 $1000 $2000 $6000
.00
ONE$ TWO$ THR$ FIVE$ TEN$ EGTEEN THIRTY NINETY ONETHOU TWOTHOU SIXTHOU
Play Symbols
SINGLE PRIZE TRIPLE PRIZE TRIPLE TRIPLER (c) For this game, a play symbol shall appear in each of seven play spots within the play area or areas. (d) The ticket numbers in each book of tickets in this game shall start with 000 and end with 299. (e) The three letters comprising the retailer validation codes used in this game shall appear in three of eight varying locations among the play symbols. The retailer validation codes for this game and their meanings are as follows:
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ONE THR FIV SIX NIN FTN EGN TRY NTY $1.00 $3.00 $5.00 $6.00 $9.00 $15.00 $18.00 $30.00 $90.00
Kansas Register
Regulations
game are contained in K.A.R. 111-3-1 et seq. and 111-43026. (b) The play symbols and captions for the DEALERS HAND for this game are as follows:
Card Symbols Captions
(f) The price of instant tickets sold by a retailer for this game shall be $1.00 each. (g) Triple Tripler is a match three of six game with a triple prize and a Triple Tripler feature. A player will remove the scratch-off material covering the game play area to reveal six prize amounts and a YOUR PRIZE LEVEL. The YOUR PRIZE LEVEL will be either the words SINGLE PRIZE, the words TRIPLE PRIZE, or the words TRIPLE TRIPLER. If a player matches three like prize amounts and the words SINGLE PRIZE are revealed, the player will win the prize amount matched. If a player matches three like prize amounts and the words TRIPLE PRIZE are revealed, the player will win triple the prize amount matched. If a player matches three like prize amounts and the words TRIPLE TRIPLER are revealed, the player will win nine times the prize matched. (h) Each ticket in this game may win one time. (i) Approximately 600,000 tickets shall be ordered initially for this instant game. Additional ticket orders shall have the same prize structure, the same number of prizes per prize pool of 300,000 tickets, and the same odds as were contained in the initial ticket order. (j) The expected number and value of instant prizes in this game shall be as follows:
Prize Expected Number of Prizes in Game Expected Value in Game
2 3 4 5 6 7 8 9 10 J Q K A BUST
TWO THR FOR FIV SIX SEV EGT NIN TEN JAK QEN KNG ACE BUST
The play symbols and captions for the PLAYERS HAND for this game are as follows:
Card Symbols Captions
2 3 4 5 6 7 8 9 10 J Q K A
TWO THR FOR FIV SIX SEV EGT NIN TEN JAK QEN KNG ACE
3 - $1s + single prize 3 - $1s + triple prize 3 - $3s + single prize 3 - $5s + single prize 3 - $2s + triple prize 3 - $1s + triple tripler 3 - $5s + triple prize 3 - $2s + triple tripler 3 - $18s + single prize 3 - $30s + single prize 3 - $10s + triple prize 3 - $10s + triple tripler 3 - $90s + single prize 3 - $1,000s + triple prize 3 - $6,000s + single prize 3 - $2,000s + triple prize TOTAL
$1 $3 $3 $5 $6 $9 $15 $18 $18 $30 $30 $90 $90 $3,000 $6,000 $6,000
50,000 15,000 15,200 9,000 4,600 3,600 1,500 600 640 240 220 80 70 2 2 3 100,757
$50,000 45,000 45,600 45,000 27,600 32,400 22,500 10,800 11,520 7,200 6,600 7,200 6,300 6,000 12,000 18,000 $353,720
The prize symbols and captions for this game are as follows:
Prize Symbols Play Symbol Captions
(k) The odds of winning a prize in this game are approximately one in 5.95. (Authorized by K.S.A. 74-8710; implementing K.S.A. 74-8710 and K.S.A. 74-8720; effective, T-111-12-7-10, Sept. 8, 2010.) 111-4-3026. Blackjack instant ticket lottery game number 337. (a) The Kansas lottery shall conduct an instant winner lottery game entitled Blackjack commencing on or after October 1, 2010. The rules for this
FREE $1.00 $2.00 $3.00 $4.00 $6.00 $8.00 12.00 24.00 50.00 70.00 $210$ $700$ $10000
TICKET ONE$ TWO$ THR$ FOUR$ SIX$ EGT$ TWLV TWNFOR FIFTY SEVENTY TWOTEN SEVHUN 10-THOU
(c) For this game, a play symbol shall appear in each of seven play spots within the play area or areas. (d) The ticket numbers in each book of tickets in this game shall start with 000 and end with 299. (e) The three letters comprising the retailer validation codes used in this game shall appear in three of eight varying locations among the play symbols. The retailer
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validation codes for this game and their meanings are as follows: FRE ONE TWO FOR SIX TWL TFO FTY THT Free Ticket $1.00 $2.00 $4.00 $6.00 $12.00 $24.00 $50.00 $210.00
(f) The price of instant tickets sold by a retailer for this game shall be $1.00 each. (g) Blackjack is a beat the dealer game. The player will remove the scratch-off material over each table play area to reveal three HANDS, HAND 1, HAND 2, and HAND 3, three PRIZE amounts, and one DEALERS HAND. If the value of a HAND is higher than the value of the DEALERS HAND, the player wins the PRIZE directly below that HAND. If the player gets BLACKJACK (21) in any HAND, the player wins double the prize for that HAND. If the dealer busts, the player wins all three prizes. The cards J, Q, and K will have a point value of 10. The card A will have a point value of 11. (h) Each ticket in this game may win up to three times. (i) Approximately 600,000 tickets shall be ordered initially for this instant game. Additional ticket orders shall have the same prize structure, the same number of prizes per prize pool of 300,000 tickets, and the same odds as were contained in the initial ticket order. (j) The expected number and value of instant prizes in this game shall be as follows:
Prizes Free Ticket Free Ticket $1 $1 $2 $2 $1 Doubled $2 $4 $4 $2 + $2 $4 $2 Doubled $4 $1 + $1 + $2 $4 $6 $6 $3 + $3 $6 ($2 x 3) (Bust) $6 $12 $12 $6 + $6 $12 ($4 x 3) (Bust) $12 $4 Doubled + $4 $12 $24 $24 $12 + $12 $24 ($8 x 3) (Bust) $24 $50 $50 $2 + $24 + $24 $50 $210 $210 $70 + $70 + $70 $210 ($700 x 3) (Bust) $2,100 $10,000 $10,000 TOTAL Expected Number of Expected Prizes in Game Value in Game 60,000 $0 18,000 18,000 16,000 32,000 17,000 34,000 6,000 24,000 6,400 25,600 7,000 28,000 9,000 36,000 600 3,600 640 3,840 700 4,200 200 2,400 200 2,400 240 2,880 280 3,360 200 4,800 200 4,800 260 6,240 100 5,000 100 5,000 4 840 4 840 4 8,400 6 60,000 143,138 $316,200
111-4-3027. Bonus Crossword instant ticket lottery game number 338. (a) The Kansas lottery shall conduct an instant winner lottery game entitled Bonus Crossword commencing on or after October 1, 2010. The rules for this game are contained in K.A.R. 111-3-1 et seq. and 111-4-3027. (b) The play symbols for this game are as follows: A -B-C-D-E-F-G-H-I-J-K-L-M-N-O-P-Q - R - S - T - U - V - W - X - Y - Z. There are no play symbol captions in this game. (c) For this game, a play symbol shall appear in each of 18 play spots within the YOUR LETTERS play area, in each of two play spots within the BONUS play area, and a variable number of times within the crossword puzzle grid. (d) The ticket numbers in each book of tickets in this game shall start with 000 and end with 149. (e) The three letters comprising the retailer validation codes used in this game shall appear in three of eight varying locations among the play symbols. The retailer validation codes for this game and their meanings are as follows: FRE FIV TEN TWY HUN FHN Free ticket $5.00 $10.00 $20.00 $100.00 $500.00
(k) The odds of winning a prize in this game are approximately one in 4.19. (Authorized by K.S.A. 74-8710; implementing K.S.A. 74-8710 and K.S.A. 74-8720; effective, T-111-12-7-10, Sept. 8, 2010.)
(f) The price of instant tickets sold by a retailer for this game shall be $2.00 each. (g) Bonus Crossword consists of three play areas. In the upper part of the ticket there is a crossword puzzle grid that contains 11 spaces (height) by 11 spaces (width) covered by transparent latex. In the YOUR LETTERS play area, located in the lower part of the ticket, there are 18 letters located under opaque latex. To the right of the YOUR LETTERS play area is the BONUS play area in which there are two letters covered by opaque latex. Imaged around each of the 18 YOUR LETTERS and two BONUS letters there will be a four-sided box composed of solid lines. A player will remove the latex from the YOUR LETTERS and BONUS play areas one letter at a time, and then for each matching letter in the crossword puzzle grid scratch off the transparent latex. Each letter revealed in the YOUR LETTERS and BONUS play areas may be used an unlimited number of times in the crossword puzzle grid. If a player reveals at least three complete words in the crossword puzzle grid, the player wins the corresponding prize in the prize legend. The prize legend on the front of the ticket indicates prizes won for number of words revealed, as is also set forth in subsection (k) hereinafter. (h) To qualify as a complete word to win a prize in this game, the words revealed must meet the following requirements: (1) must contain at least three letters; (2) cannot be formed diagonally, run right to left or from bottom to top; (3) must appear in an unbroken horizontal or vertical string of letters in the crossword puzzle;
(continued)
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(4) an unbroken string of letters cannot be interrupted by a black space and must contain every single letter square between two black spaces; (5) every single letter in the unbroken string must be revealed in YOUR LETTERS, or BONUS areas and be included to form a word; and (6) the three small letters outside the squares in the YOUR LETTERS area are for validation purposes and cannot be used to play Bonus Crossword. (i) Each ticket in this game may win up to one time. Only the highest prize won on each ticket will be awarded. (j) Approximately 3,600,000 tickets shall be ordered initially for this instant game. Additional ticket orders shall have the same prize structure, the same number of prizes per prize pool of 300,000 tickets, and the same odds as were contained in the initial ticket order. (k) The expected number and value of instant prizes in this game shall be as follows:
Match 3 - words 4 - words 5 - words 6 - words 7 - words 8 - words 9 - words 10 - words TOTAL Prizes FREE TICKET $5 $10 $20 $100 $500 $2,000 $20,000 Expected Number of Prizes in Game 600,000 156,000 82,800 27,600 3,600 552 132 24 870,708 Expected Value in Game $0 780,000 828,000 552,000 360,000 276,000 264,000 480,000 $3,540,000
(l) The odds of winning a prize in this game are approximately one in 4.13. (Authorized by K.S.A. 74-8710; implementing K.S.A. 74-8710 and K.S.A. 74-8720; effective, T-111-12-7-10, Sept. 8, 2010.) Article 15.RAFFLE GAMES 111-15-1. Name of the game; rules and regulations. The Kansas lottery shall conduct a lotto game entitled Holiday Millionaire Raffle beginning on or about October 1, 2010, for a drawing to be conducted on or about December 30, 2010. The rules and regulations for the Holiday Millionaire Raffle game are contained in K.A.R. 111-15-1 through 111-15-10, and applicable generic rules are contained in K.A.R. 111-6-1 et seq. (Authorized by and implementing K.S.A. 74-8710; effective, T-111-10-8-09, Sept. 9, 2009; amended, T-111-12-7-10, Sept. 8, 2010.) 111-15-3. Game description; retail sale of tickets. (a) Holiday Millionaire Raffle is a raffle drawing which offers a total of 150,000 online tickets available for sale. Each ticket shall bear a TICKET NUMBER on the face of the ticket. On a date specified in these rules, an electronic drawing machine, which has been approved by the executive director of the Kansas lottery, shall randomly select a total of 506 WINNING NUMBERS. Each WINNING NUMBER consists of a six-digit number as it appears in exact order reading from left to right. A player wins by exactly matching his or her TICKET NUMBER to a WINNING NUMBER that was selected in the drawing. The first WINNING NUMBER selected during the drawing process shall be the grand prize win Kansas Secretary of State 2011
ner. The second, third, fourth, fifth, and sixth WINNING NUMBERS selected during the drawing process shall be the second prize winners. The next 500 WINNING NUMBERS selected during the drawing process, which shall be drawn in the order of the seventh (7th) WINNING NUMBER through the five-hundred sixth (506th) WINNING NUMBER, shall be the third prize winners. If 14,000 of the 150,000 tickets that are available for sale are sold, all prizes shall be paid as a cash lump sum payment. If less than 145,000 tickets available for sale are sold, all prizes shall be paid on a pari-mutuel basis as a cash lump sum payment of the total cash held for all tickets sold in this game. To play the Holiday Millionaire Raffle, a player shall purchase a Holiday Millionaire Raffle ticket which bears a ticket number on the face of the ticket. (b) A Holiday Millionaire Raffle ticket shall sell for $20 (twenty) dollars. (c) Tickets shall not be sold to any person under the age of 18 years. Each retailer may require a person purchasing tickets to produce proof of age. (d) Each ticket shall be purchased from a terminal operated by a retailer. (e) All tickets sold by a retailer shall be a computer pick or quick pick ticket. (f) A validated ticket shall be the only proof of a game play. The only method of claiming a prize or prizes shall be the submission of the winning ticket to and receipt of the ticket by the lottery or its authorized agent. (g) The only guaranteed methods of win checking a ticket to determine whether the ticket bears a winning number shall be through the Kansas lottery check-a-ticket machines, or submission of a ticket to the Kansas lottery or an authorized retail agent. (h) A ticket shall not be voided or cancelled by returning the ticket to the selling retailer, including tickets that are printed in error. (i) There shall be a total of 150,000 available tickets for sale. (j) Ticket sales will begin at the start of the business day central time on or about October 1, 2010. (k) Ticket sales will end on or about the close of business day central time on December 29, 2010, or whenever all 150,000 tickets that are available for sale are sold, whichever comes first. (l) The game will close on or about 4:30 a.m. on December 30, 2010. (m) The drawing shall be conducted on or about December 30, 2010, before noon central time, at a secure location as determined by the executive director, after the game is closed and the external auditor has verified that the game is closed, under conditions and procedures promulgated by the executive director of the lottery. (n) Each player shall have the sole responsibility for verifying the accuracy and condition of the data printed on the ticket. The purchase of a ticket is done at the players own risk through the online retailer who is deemed to be acting on behalf of the player in entering the play or plays. (o) If, for any reason, a players bet is not accepted, the liability of the Kansas lottery or its agents shall be limited to a refund of the amount of the ticket purchase price.
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(p) Winning ticket numbers shall be made available to the public on or about noon, December 30, 2010. (Authorized by K.S.A. 74-8710; implementing K.S.A. 74-8710 and 74-8718; effective, T-111-10-8-09, Sept. 9, 2009; amended, T-111-12-7-10, Sept. 8, 2010.)
KANSAS EXPANDED LOTTERY RULES AND REGULATIONS
Article 312.SPECIFIC LOTTERY FACILITY GAMES AT LOTTERY GAMING FACILITIES; MISSISSIPPI STUD POKER 111-312-1. Name of the game; rules and regulations. The Kansas lottery shall conduct a lottery facility game at the Boot Hill Casino & Resort in Dodge City, Kansas, entitled Mississippi Stud Poker beginning on or after September 8, 2010. The rules and regulations for the game of Mississippi Stud Poker are contained in K.A.R. 111-312-1 through 111-312-8, and applicable generic rules are contained in K.A.R. 111-201-1 et seq. (Authorized by K.S.A. 2008 Supp. 74-8710 and 74-8748; implementing K.S.A. 2008 Supp. 748710; effective, T-111-12-7-10, Sept. 8, 2010.) 111-312-2. Object of game. Mississippi Stud Poker is a five-card stud poker game in which each player seeks a hand that qualifies for a posted payout, pair of 6s or better. (Authorized by K.S.A. 2008 Supp. 74-8710 and 748748; implementing K.S.A. 2008 Supp. 74-8710; effective, T-111-12-7-10, Sept. 8, 2010.) 111-312-3. Definitions. The following definitions, when used in the Southwest Kansas Lottery Gaming Zone, when pertaining to the game of Mississippi Stud Poker shall have the following meanings unless the context clearly indicates otherwise: (a) 3rd street wager means an additional wager made by a player, in an amount equal to one, two or three times the amount of the players ante wager, after the player has been dealt his or her initial two cards. (b) 4th street wager means an additional wager made by a player, in an amount equal to one, two or three times the amount of the players ante wager, after the first community card has been revealed by the dealer. (c) 5th street wager means an additional wager made by a player, in an amount equal to one, two, or three times the amount of the players ante wager, after the second community card is revealed by the dealer. (d) Ante wager shall mean the initial wager placed prior to any cards being dealt in order to participate in the round of play. (c) Bet wager shall mean either a 3rd street wager, a 4th street wager, or a 5th street wager. (d) Community card means any of the three cards that are initially dealt face down in the designated area in front of the dealer and, once revealed, shall be used by each player with his or her two cards to form a five card hand. (e) Hand means the five (5) card hand formed for each player by combining the two (2) cards dealt to the player and the three (3) community cards. (f) Fold means the withdrawal of a player from a round of play by discarding his or her two cards prior to placing a bet wager.
(g) Push means a players hand resulting in neither payment on nor collection of the players wagers. (h) Rank or ranking shall mean the relative position of a card or group of cards. (i) Round of play or round means one complete cycle of play during which all players then playing at the table have been dealt a hand, have folded or wagered upon it, and have had their wagers paid or collected. (j) Stub means the remaining portion of the deck after all cards in the round of play have been dealt. (k) Suit shall mean one of the four categories of cards, i.e., diamond, spade, club, or heart. (Authorized by K.S.A. 2008 Supp. 74-8710 and 74-8748; implementing K.S.A. 2008 Supp. 74-8710; effective, T-111-12-7-10, Sept. 8, 2010.) 111-312-4. Mississippi Stud Poker hand rankings. (a) The rank of the cards used in Mississippi Stud Poker for the determination of winning hands, in order of highest to lowest rank, shall be: ace, king, queen, jack, 10, 9, 8, 7, 6, 5, 4, 3, and 2. Notwithstanding the foregoing, an ace may be used to complete a straight flush or a straight formed with a 2, 3, 4, and 5. An ace may not be used, however, with any other sequence of cards to form a straight (for example, queen, king, ace, 2 and 3). The permissible poker hands at the game of Mississippi Stud, in order of highest to lowest rank, are as follows: (a) Royal flush - a hand consisting of ace, king, queen, jack, and 10 of the same suit. (b) Straight flush - a hand consisting of five cards of the same suit in consecutive ranking except for a royal flush as defined above. (c) Four-of-a-kind - a hand consisting of four cards of the same rank. (d) Full house - a hand consisting of three of a kind and a pair. (e) Flush - a hand consisting of five cards of the same suit, not in consecutive order. (f) Straight - a hand consisting of five unsuited cards of consecutive rank (g) Three-of-a-kind - a hand consisting of three cards of the same rank regardless of suit. (h) Two pair - a hand consisting of two pairs. (i) One pair - a hand consisting of two cards of the same rank regardless of suit. (j) High card - a hand that does not encompass any of the hands above. (Authorized by K.S.A. 2008 Supp. 748710 and 74-8748; implementing K.S.A. 2008 Supp. 748710; effective, T-111-12-7-10, Sept. 8, 2010.) 111-312-5. Wagers. (a) All wagers at Mississippi Stud Poker shall be made by placing gaming chips and, if applicable, a match play coupon on the appropriate betting areas of the table layout. A verbal wager accompanied by cash shall not be accepted. (b) Only players who are seated at the Mississippi Stud Poker table may touch the cards. Once a player has placed a wager and received cards, that player must remain seated until the completion of the round of play. (c) All ante wagers at Mississippi Stud Poker shall be placed prior to the dealer dealing the first card. No wager
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Full house Flush Straight Three-of-a-kind Two pair Pair of jacks or better Pair of 6s to 10s
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10 to 1 6 to 1 4 to 1 3 to 1 2 to 1 1 to 1 Push
at Mississippi Stud Poker shall be made, increased or withdrawn after the dealer has dealt the first card. (d) Prior to the first card being dealt for each round of play, each player at the game of Mississippi Stud Poker shall make an ante wager. (e) Players who make an ante wager will receive two cards. They either fold or buy the first community card making a 3rd Street wager (1x, 2x, or 3x their ante). When that card is revealed, they either fold or buy the second community card making a 4th Street wager (1x, 2x, or 3x their ante). After that card is revealed a player may either fold or buy the last community card making a 5th Street wager (1x, 2x, or 3x their ante). (f) After each round of play is complete, the dealer shall collect all losing wagers and pay off all winning wagers in accordance with the payout table. (Authorized by K.S.A. 2008 Supp. 74-8710 and 74-8748; implementing K.S.A. 2008 Supp. 74-8710; effective, T-111-12-7-10, Sept. 8, 2010.) 111-312-6. Play. (a) The starting position for the dealing of cards and the delivery of stacks of cards for the game of Mississippi Stud Poker may be determined in the following manner: (1) The dealer shall deliver the first stack of two cards dealt by the shuffler to the player farthest to his/her left, continuing to deal each player two cards face down in a clockwise manner, including the dealer who will receive three cards, also known as the community cards. (2) After all players have looked at their two cards, the players have a choice: (A) Fold (and surrender their ante wager); or (B) Make a 3rd Street bet of 1x, 2x, or 3x their ante wager. (3) The dealer shall then reveal the first community card. (4) The players have a choice: (A) Fold (and surrender their ante wager and 3rd Street bet); or (B) Make a 4th Street bet of 1x, 2x, or 3x their ante wager. (5) The dealer shall then reveal the second community card. (6) The players have a choice: (A) Fold (and surrender their ante wager, 3rd Street bet, and 4th Street bet); or (B) Make a 5th Street bet of 1x, 2x, or 3x their ante wager. (7) The dealer shall then reveal the third community card. (b) Working from right to left, the dealer reveals each players two-card hand and determines their hand combined with the three community cards. (c) The dealer pays and takes according to the pay table. (Authorized by K.S.A. 2008 Supp. 74-8710 and 74-8748; implementing K.S.A. 2008 Supp. 74-8710; effective, T-11112-7-10, Sept. 8, 2010.) 111-312-7. Payout odds. (a) For a winning hand, the ante, 3rd, 4th, and 5th street wagers are paid the same payout odds ranging from 1 to 1 for a pair of jacks, queens, kings or aces to 500 to 1 for a royal flush. (b) All winning wagers will receive payout odds using the following payout table:
Hand Ranking Odds
(Authorized by K.S.A. 2008 Supp. 74-8710 and 74-8748; implementing K.S.A. 2008 Supp. 74-8710; effective, T-11112-7-10, Sept. 8, 2010.) 111-312-8. Irregularities. (a) A card that is found face up in the shoe or the deck while the cards are being dealt shall not be used in the game and shall be placed in the discard rack. If more than one card is found face up in the shoe or the deck during the dealing of the cards, all hands shall be void and the cards shall be reshuffled. (b) A card drawn in error without its face being exposed shall be used as though it was the next card from the shoe or the deck. (c) If any player is dealt an incorrect number of cards, that players hand shall be void. (d) If an automated card shuffling device is being used and the device jams, stops shuffling during a shuffle, or fails to complete a shuffle cycle, the cards shall be reshuffled in accordance with procedures approved by the commission. (e) If an automated dealing shoe is being used and the device jams, stops dealing cards, or fails to deal all cards during a round of play, the round of play shall be void and the cards shall be removed from the device and reshuffled with any cards already dealt, in accordance with procedures approved by the commission. (f) Any automated card shuffling device or automated dealing shoe shall be removed from a gaming table before any other method of shuffling or dealing may be utilized at that table. (g) If an automated card shuffling device is being used and the device jams, stops shuffling during a shuffle, or fails to complete a shuffle cycle, the cards shall be reshuffled. (h) If an automated dealing shoe is being used and the device jams, stops dealing cards, or fails to deal all cards during a round of play, the round of play shall be void, and the cards shall be removed from the device and reshuffled with any cards already dealt. (i) If cards become soiled in the course of play and the dealer finds that a card is unsuitable for use, a table games floor supervisor will bring a substitute card from the card reserve in the pit stand and the unsuitable card is placed in a sealed envelope or container. The table games floor supervisor will maintain the envelope in a secure place within the pit until collection by security. (Authorized by K.S.A. 2008 Supp. 74-8710 and 74-8748; implementing K.S.A. 2008 Supp. 74-8710; effective, T-111-12-7-10, Sept. 8, 2010.) Ed Van Petten Executive Director
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Royal flush Straight flush Four-of-a-kind

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Temporary Administrative Regulations Article 2.LOTTERY RETAILERS 111-2-253. 15975 Park Plaza 66 Veterans promotion. (a) During the term of this promotion Park Plaza 66 customers shall be able to enter non-winning $1 veterans game instant scratch tickets purchased at participating Park Plaza 66 in Paola, Kansas, into a drawing. (b) The term of this promotion shall be November 1, 2010, through 1:00 p.m. on November 29, 2010. (c) During the term of this promotion, a drop box for the deposit of the non-winning $1 veterans game instant scratch tickets shall be provided by the lottery. (d) After the term of this promotion has ended, three entries and two alternate entries shall be drawn by the Kansas lottery pursuant to standard lottery drawing procedures. (e) Drawing prizes shall include a poker table and chip set, $50 of Kansas lottery coupons, and $35 of Kansas lottery coupons. (f) The winner of the first ticket drawn shall get his or her choice of the three drawing prizes. The winner of the second ticket drawn shall get his or her choice of the two remaining drawing prizes. The winner of the third ticket drawn shall be awarded the remaining drawing prize. (g) The drawing shall be held at the store location on or about Monday, November 29, 2010, at approximately 1:05 p.m. (Authorized by and implementing K.S.A. 748710; effective, T-111-12-7-10, Oct. 6, 2010.) 111-2-254. Method of entry. (a) Entry into the Park Plaza 66 veterans promotion shall be accomplished as follows: (1) During the term of this promotion, any non-winning $1 veterans game scratch ticket, which was purchased at Park Plaza 66, may be entered into the provided drop box. (2) The purchaser must complete the information on the back of the non-winning veterans game ticket in a legible manner. Only one name shall appear on each nonwinning ticket. (3) The completed non-winning veterans game ticket must be placed into the designated drawing receptacle provided at Park Plaza 66 no later than 1:00 p.m. on November 29, 2010. (4) The holder of the entry is not required to personally attend the drawing or be present at the time of the drawing to be determined a winner. (5) The drawing shall be conducted at Park Plaza 66 after the entry deadline for the promotion. One and two alternate entries shall be drawn by lottery personnel pursuant to standard Kansas lottery procedures. (6) Only non-winning $1 veterans game tickets purchased during the stated period of time at Park Plaza 66 may be entered in the drawing. (b) There is no limit on the number of entries a person may make, but each person may only win once.
(c) All eligible entries, which are deposited into the drawing receptacle no later than 1:00 p.m. on November 29, 2010, shall be entered into the drawing. (d) Eligible entrants in the promotion must be 18 years of age or older, and may not be an employee of Park Plaza 66. (e) Completing the information on the back of the ticket and entering the ticket into the drawing constitutes authorization to publicly identify the person whose entry is drawn. (Authorized by and implementing K.S.A. 74-8710; effective, T-111-12-7-10, Oct. 6, 2010.) Article 4.INSTANT GAMES AND DRAWINGS 111-4-3028. Mothers Day Doubler instant ticket lottery game number 339. (a) The Kansas lottery shall conduct an instant winner lottery game entitled Mothers Day Doubler commencing on or after November 1, 2010. The rules for this game are contained in K.A.R. 111-3-1 et seq. and 111-4-3028. (b) The play and prize symbols and captions for this game are as follows:
Symbol of a gift Symbol of a daisy Symbol of a butterfly Symbol of a dove Symbol of a lady bug Symbol of a tulip Symbol of a blue jay Symbol of a hummingbird Symbol of a watering can Symbol of a heart
Prize Symbols
GIFT DAISY BUTRFLY DOVE LDYBUG TULIP JAY BIRD WATER DOUBLE
Captions
FREE TICKET $1.00 ONE$ TWO$ $2.00 THR$ $3.00 $4.00 FOUR$ FIVE$ $5.00 10.00 TEN$ TWENTY 20.00 FIFTY 50.00 $100$ ONE-HUN $4000 FORTHOU (c) For this game, a play symbol shall appear in each of 11 play spots within the play area or areas. (d) The ticket numbers in each book of tickets in this game shall start with 000 and end with 299. (e) The three letters comprising the retailer validation codes used in this game shall appear in three of eight varying locations among the play symbols. The retailer validation codes for this game and their meanings are as follows: FRE Free Ticket ONE $1.00 FOR $4.00 FIV $5.00 TEN $10.00 TWY $20.00
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FTY HUN FHN $50.00 $100.00 $500.00
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(f) The price of instant tickets sold by a retailer for this game shall be $1.00 each. (g) Mothers Day Doubler is a key symbol match game. A player will remove the scratch-off material covering the game play area to reveal one MOMS SYMBOL, five YOUR SYMBOLS, and five prize amounts. If the player matches the MOMS SYMBOL to any of the YOUR SYMBOLS, the player wins the prize shown below that symbol. If the player reveals a HEART symbol, the player wins double the prize shown instantly. (h) Each ticket in this game may win up to five times. (i) Approximately 600,000 tickets shall be ordered initially for this instant game. Additional ticket orders shall have the same prize structure, the same number of prizes per prize pool of 300,000 tickets, and the same odds as were contained in the initial ticket order. (j) The expected number and value of instant prizes in this game shall be as follows:
Get Prizes Free Ticket Free Ticket $1 $1 $4 $4 $2 DBL $4 ($1 x 4) $4 $5 $5 $2 + $3 $5 ($1 x 5) $5 $1 + $2 DBL $5 $10 $10 ($2 x 5) $10 $1 + $4 + $5 $10 $5 DBL $10 $20 $20 ($10 x 2) $20 $10 DBL $20 ($5 x 4) $20 $50 $50 $20 DBL + $10 $50 ($10 x 5) $50 $100 $100 ($20 x 3) + $20 DBL $100 ($100 x 5) $500 $4,000 $4,000 TOTAL Expected Number of Expected Prizes in Game Value in Game 40,000 $0 51,200 51,200 7,800 31,200 7,800 31,200 7,800 31,200 1,900 9,500 1,900 9,500 1,900 9,500 1,900 9,500 800 8,000 800 8,000 800 8,000 800 8,000 500 10,000 500 10,000 500 10,000 500 10,000 160 8,000 160 8,000 160 8,000 26 2,600 26 2,600 20 10,000 8 32,000 127,960 $326,000
DBL - denotes HEART symbol doubler
(k) The odds of winning a prize in this game are approximately one in 4.69. (Authorized by K.S.A. 74-8710; implementing K.S.A. 74-8710 and K.S.A. 74-8720; effective, T-111-12-7-10, Oct. 6, 2010.) 111-4-3029. Fathers Day Doubler instant ticket lottery game number 340. (a) The Kansas lottery shall conduct an instant winner lottery game entitled Fathers Day Doubler commencing on or after November 1, 2010. The rules for this game are contained in K.A.R. 111-3-1 et seq. and 111-4-3029. (b) The play and prize symbols and captions for this game are as follows:
Play and Prize Symbols Captions
TWO$ $2.00 $4.00 FOUR$ FIVE$ $5.00 10.00 TEN$ TWENTY 20.00 25.00 TWEN-FIV FIFTY 50.00 $100$ ONE-HUN $500$ FIVE-HUN $1000 ONETHOU $5000 FIVTHOU Symbol of a steering wheel DOUBLER (c) For this game, a play symbol shall appear in each of six play spots within the play area or areas. (d) The ticket numbers in each book of tickets in this game shall start with 000 and end with 299. (e) The three letters comprising the retailer validation codes used in this game shall appear in three of eight varying locations among the play symbols. The retailer validation codes for this game and their meanings are as follows: FRE Free Ticket TWO $2.00 FOR $4.00 TEN $10.00 TWY $20.00 FTY $50.00 HUN $100.00 (f) The price of instant tickets sold by a retailer for this game shall be $1.00 each. (g) Fathers Day Doubler is a match three of six prize amounts or a match two prize amounts plus a STEERING WHEEL symbol to win double the prize amount. A player will remove the scratch-off material covering the game play area to reveal six prize amounts or five prize amounts and a STEERING WHEEL symbol. If the player matches three like prize amounts, the player wins that amount. If the player matches two like prize amounts plus a STEERING WHEEL symbol, the player wins double the prize amount. (h) Each ticket in this game may win up to one time. (i) Approximately 600,000 tickets shall be ordered initially for this instant game. Additional ticket orders shall have the same prize structure, the same number of prizes per prize pool of 300,000 tickets, and the same odds as were contained in the initial ticket order. (j) The expected number and value of instant prizes in this game shall be as follows:
Get Prizes 3 - Frees Free Ticket 2 - $1.00s & (D) $2 3 - $2.00s $2 2 - $2.00s & (D) $4 3 - $4.00s $4 2 - $5.00s & (D) $10 3 - $10.00s $10 2 - $10.00s & (D) $20 3 - $20.00s $20 2 - $25.00s & (D) $50 3 - $50.00s $50 2 - $50.00s & (D) $100 3 - $100.00s $100 Expected Number of Expected Prizes in Game Value in Game 40,000 $0 27,000 54,000 27,000 54,000 15,000 60,000 14,000 56,000 1,400 14,000 1,200 12,000 600 12,000 600 12,000 100 5,000 100 5,000 50 5,000 50 5,000
FREE $1.00
TICKET ONE$
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2 - $500.00s & (D) 3 - $1,000s 3 - $5,000s TOTAL $1,000 $1,000 $5,000 6 6 4 127,116
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6,000 6,000 20,000 $326,000
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(D) - denotes doubler symbol
(k) The odds of winning a prize in this game are approximately one in 4.72. (Authorized by K.S.A. 74-8710; implementing K.S.A. 74-8710 and K.S.A. 74-8720; effective, T-111-12-7-10, Oct. 6, 2010.) 111-4-3030. Lucky Hearts instant ticket lottery game number 341. (a) The Kansas lottery shall conduct an instant winner lottery game entitled Lucky Hearts commencing on or after November 1, 2010. The rules for this game are contained in K.A.R. 111-3-1 et seq. and 1114-3030. (b) The play and prize symbols and captions for this game are as follows:
Symbol of chocolates Symbol of a diamond Symbol of a present Symbol of a card Symbol of candy symbol of a cake Symbol of money Symbol of a necklace Symbol of perfume Symbol of a watch Symbol of a vase Symbol of a rose
Prize Symbols
CHOCLT DIAMND PRSNT CARD CANDY CAKE MONEY NCKLACE PERFUM WATCH VASE WIN
Captions
TWF $25.00 FTY $50.00 HUN $100.00 FHN $500.00 (f) The price of instant tickets sold by a retailer for this game shall be $1.00 each. (g) Lucky Hearts is a key symbol match game. The player will remove the scratch-off material to reveal one HEART SYMBOL, five YOUR SYMBOLS, and five prize amounts. If the player matches the HEART SYMBOL to any of the YOUR SYMBOLS, the player wins the prize shown below that symbol. If the player reveals a ROSE symbol, the player wins that prize automatically. (h) Each ticket in this game may win up to five times. (i) Approximately 600,000 tickets shall be ordered initially for this instant game. Additional ticket orders shall have the same prize structure, the same number of prizes per prize pool of 300,000 tickets, and the same odds as were contained in the initial ticket order. (j) The expected number and value of instant prizes in this game shall be as follows:
Get Free Ticket $1 $2 ($1 x 2) $5 ($2 x 2) + $1 $10 ($5 x 2) $15 ($5 x 3) ($10 x 2) ($5 x 4) $25 ($5 x 5) $50 ($25 x 2) ($10 x 5) $100 ($50 x 2) ($25 x 4) ($100 x 5) $1,000 ($500 x 2) $2,000 TOTAL Prizes Free Ticket $1 $2 $2 $5 $5 $10 $10 $15 $15 $20 $20 $25 $25 $50 $50 $50 $100 $100 $100 $500 $1,000 $1,000 $2,000 Expected Number of Expected Prizes in Game Value in Game 40,000 $0 70,000 70,000 16,000 32,000 16,000 32,000 6,000 30,000 6,000 30,000 2,000 20,000 2,000 20,000 600 9,000 600 9,000 300 6,000 300 6,000 250 6,250 250 6,250 60 3,000 60 3,000 60 3,000 30 3,000 30 3,000 30 3,000 16 8,000 6 6,000 6 6,000 6 12,000 160,604 $326,500
FREE $1.00 $2.00 $5.00 10.00 15.00 25.00 50.00 $100$ $500$ $1000 $2000
TICKET ONE$ TWO$ FIVE$ TEN$ FIFTEEN TWEN-FIV FIFTY ONE-HUN FIVE-HUN ONETHOU TWOTHOU
(c) For this game, a play symbol shall appear in each of 11 play spots within the play area or areas. (d) The ticket numbers in each book of tickets in this game shall start with 000 and end with 299. (e) The three letters comprising the retailer validation codes used in this game shall appear in three of eight varying locations among the play symbols. The retailer validation codes for this game and their meanings are as follows: FRE ONE TWO FIV TEN FTN TWY Free Ticket $1.00 $2.00 $5.00 $10.00 $15.00 $20.00
(k) The odds of winning a prize in this game are approximately one in 3.74. (Authorized by K.S.A. 74-8710; implementing K.S.A. 74-8710 and K.S.A. 74-8720; effective, T-111-12-7-10, Oct. 6, 2010.) 111-4-3031. Shamrock Tripler instant ticket lottery game number 342. (a) The Kansas lottery shall conduct an instant winner lottery game entitled Shamrock Tripler commencing on or after November 1, 2010. The rules for this game are contained in K.A.R. 111-3-1 et seq. and 111-4-3010. (b) The play and prize symbols and captions for this game are as follows:
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01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 Symbol of a clover
PRIZE Symbols
Regulations
ONE TWO THR FOR FIV SIX SEV EGT NIN TEN ELV TWV TRN FRN FTN TPL
Captions
(i) Approximately 600,000 tickets shall be ordered initially for this instant game. Additional ticket orders shall have the same prize structure, the same number of prizes per prize pool of 300,000 tickets, and the same odds as were contained in the initial ticket order. (j) The expected number and value of instant prizes in this game shall be as follows:
Get Prizes Free Ticket Free Ticket $1 $1 $3 $3 $1 (T) $3 ($1 x 3) $3 $9 $9 $3 (T) $9 ($3 x 2) + $1 (T) $9 $15 $15 ($3 x 5) $15 $5 (T) $15 ($3 x 2) + $3 (T) $15 $30 $30 $10 (T) $30 $5 (T) + $10 + $5 $30 ($5 x 4) + $10 $30 $90 $90 $30 (T) $90 ($10 x 3) + ($30 x 2) $90 $300 $300 $100 (T) $300 $900 $900 $300 (T) $900 $3,000 $3,000 TOTAL Expected Number of Expected Prizes in Game Value in Game 40,000 $0 44,000 44,000 10,000 30,000 10,000 30,000 9,000 27,000 2,500 22,500 2,500 22,500 2,000 18,000 800 12,000 800 12,000 800 12,000 800 12,000 200 6,000 200 6,000 150 4,500 200 6,000 50 4,500 50 4,500 50 20 20 10 10 6 124,166 4,500 6,000 6,000 9,000 9,000 18,000 $326,000
FREE TICKET ONE$ $1.00 THR$ $3.00 $5.00 FIVE$ NINE$ $9.00 10.00 TEN$ FIFTEEN 15.00 30.00 THIRTY NINETY 90.00 $100$ ONE-HUN $300$ THR-HUN $900$ NIN-HUN $3000 THRTHOU Symbol of a four-leaf clover TRIPLE (c) For this game, a play symbol shall appear in each of 11 play spots within the play area or areas. (d) The ticket numbers in each book of tickets in this game shall start with 000 and end with 299. (e) The three letters comprising the retailer validation codes used in this game shall appear in three of eight varying locations among the play symbols. The retailer validation codes for this game and their meanings are as follows: FRE ONE THR NIN FTN TRY NTY THH Free Ticket $1.00 $3.00 $9.00 $15.00 $30.00 $90.00 $300.00
(T) - denotes CLOVER tripler symbol
(k) The odds of winning a prize in this game are approximately one in 4.83. (Authorized by K.S.A. 74-8710; implementing K.S.A. 74-8710 and K.S.A. 74-8720; effective, T-111-12-7-10, Oct. 6, 2010.)
Article 301.SPECIFIC LOTTERY FACILITY GAMES AT LOTTERY GAMING FACILITIES 111-301-7. Name of the game; rules and regulations. The Kansas lottery shall conduct a lottery facility game at the Boot Hill Casino & Resort in Dodge City, Kansas, entitled Craps Free Craps beginning on or after October 6, 2010. The rules and regulations for the game of Craps Free Craps are contained in K.A.R. 111-301-7 through 111301-12, and applicable generic rules are contained in K.A.R. 111-201-1 et seq. (Authorized by K.S.A. 2008 Supp. 74-8710 and 74-8748; implementing K.S.A. 2008 Supp. 748710; effective, T-111-12-7-10, Oct. 6, 2010.) 111-301-8. Object of game. The object of the Craps Free Craps game is to play with two six-sided cubes (dice) with one (1) to six (6) spots on each face, with the sum of opposite sides of each die equaling seven (7), giving 36 possible combinations. All odds and probabilities are calculated from this figure. Winning or losing decisions on craps are determined by the sum of the spots shown on the upward facing side of the two dice (point
(f) The price of instant tickets sold by a retailer for this game shall be $1.00 each. (g) Shamrock Tripler is a key number match game. A player will remove the scratch-off material covering the game play area to reveal one LUCKY NUMBER, five YOUR NUMBERS, and five prize amounts. If the player matches the LUCKY NUMBER to any of the YOUR NUMBERS, the player wins the prize shown below that number. If the player reveals a CLOVER symbol, the player wins triple the prize shown instantly. (h) Each ticket in this game may win up to five times.
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value or total) that come to rest after being thrown by a player or shooter. The shooter places a pass or dont pass line bet and then selects two of the five dice offered by the dealer (stickperson). The shooter throws the dice so that they bounce off the opposite end of the craps table. On the initial throw, the shooter wins, loses or establishes a point. If a point is established, the shooter continues to throw the dice and on each subsequent roll either wins, loses, or continues as the shooter. Other players at the table may also make wagers without being the shooter. (Authorized by K.S.A. 2008 Supp. 74-8710 and 74-8748; implementing K.S.A. 2008 Supp. 74-8710; effective, T-11112-7-10, Oct. 6, 2010.) 111-301-9. Definitions. The following definitions, when used in the Southwest Kansas Lottery Gaming Zone, when pertaining to the game of Craps Free Craps shall have the following meanings unless the context clearly indicates otherwise: (a) Come out point shall mean a total of 2, 3, 4, 5, 6, 8, 9, 10, 11, or 12 thrown by the shooter on the come out roll. (b) Come out roll shall mean the first roll of the dice at the opening of the game and the first roll of the dice after a decision with respect to a pass bet has been effected. (c) Come point shall mean a total of 2, 3, 4, 5, 6, 8, 9, 10, 11, or 12 thrown by the shooter on the next roll following placement of a come bet. (d) A stick is a device used by the stickperson to retrieve dice. (e) Pucks or marker buttons are round plastic cylinders that are used to mark the point. (Authorized by K.S.A. 2008 Supp. 74-8710 and 74-8748; implementing K.S.A. 2008 Supp. 74-8710; effective, T-111-12-7-10, Oct. 6, 2010.) 111-301-10. Characteristics of the game. (a) Craps Free Craps is played at a large rectangular shaped table with rounded corners. (b) A cloth covering the table has areas for all possible bets that can be made. (c) Two dice as described in K.A.R. 111-301-8 are required to play the game. (d) The table layout is divided in half and both halves are imprinted the same. (e) For each half of the table open for play, there is a dealer (also known as a base dealer) and for the entire table one employee that is called the stickperson that is positioned at the center across from the base dealer or dealers. Due to low business levels, the lottery gaming facility manager has the option to use only one base dealer and close one side of the table to wagers. (f) A floor supervisor sits in between the location for the two base dealers. (g) The players are able to play on either half of the table along the far side away from the stickperson and the base dealers. If only half of the table is open for play, the players are able to play on only the open half of the table along the far side away from the stickperson and the base dealer. (Authorized by K.S.A. 2008 Supp. 74-8710 and 74-8748; implementing K.S.A. 2008 Supp. 74-8710; effective, T-111-12-7-10, Oct. 6, 2010.)
111-301-11. Wagers. (a) The following shall constitute the permissible wagers at the games of Craps Free Craps: (1) A pass bet is a wager placed on the pass line of the layout immediately prior to the come out roll. A pass bet shall win if, on the come out roll: (AA) A total of 7 is thrown; or (BB) A total of 2, 3, 4, 5, 6, 8, 9, 10, 11, or 12 is thrown and that total is again thrown before a 7 total appears. A pass bet shall lose if, on the come out roll: (CC) A total of 2, 3, 4, 5, 6, 8, 9, 10, 11, or 12 is thrown and that total is again thrown before a total of 7 appears. (2) A come bet is a wager placed on the come line of the layout at any time after the come out roll. A come bet shall win if, on the roll immediately following placement of such bet: (AA) A total of 7 is thrown; or (BB) A total of 2, 3, 4, 5, 6, 8, 9, 10, 11, or 12 is thrown and that total is again thrown before a total of 7 appears. A come bet shall lose if, on the roll immediately following placement of such bet: (CC) A total of 2, 3, 4, 5, 6, 8, 9, 10, 11, or 12 is thrown and a total of 7 subsequently appears before that total is again thrown. (3) Place bet to win is a wager that may be made at any time on any of the numbers 2, 3, 4, 5, 6, 8, 9, 10, 11, or 12 which shall win if the number on which the wager was placed is thrown before a total of 7 and shall lose if a total of 7 is thrown before such number. All place to win bets, hardway bets and come odds bets shall be inactive on any come out roll unless called on by the player and confirmed by the dealer through placement of an on marker button on top of such players wager. (4) Four the hardway is a wager that may be made at any time, which shall win if a total of total of 4 is thrown the hardway (that is, with 2 spots appearing on each die) before a total of 4 is thrown in any other way and before a total of 7 is thrown. (5) Six the hardway is a wager that may be made at any time, which shall win if a total of 6 is thrown the hardway (that is, with 3 spots appearing on each die) before a total of 6 is thrown in any other way and before a total of 7 is thrown. (6) Eight the hardway is a wager that may be made at any time, which shall win if a total of 8 is thrown the hardway (that is, with 4 spots appearing on each die) before a total of 8 is thrown in any other way and before a total of 7 is thrown. (7) Ten the hardway is a wager that may be made at any time, which shall win if a total of 10 is thrown the hardway (that is, with 5 spots appearing on each die) before a total of 10 is thrown in any other way and before a total of 7 is thrown. (8) Field bet is a one roll wager that may be made at any time, which shall win if any one of the totals 2, 3, 4, 9, 10, 11, or 12 is thrown on the roll immediately following placement of such bet and shall lose if a total of 5, 6, 7, or 8 is thrown on such roll. (9) Any seven is a one roll wager that may be made at any time, which shall win if a total of 7 is thrown on
(continued)
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the roll immediately following placement of such bet and shall lose if any other total is thrown. (10) Any craps is a one roll wager that may be made at any time, which shall win if a total of 2, 3, or 12 is thrown on the roll immediately following placement of such bet and shall lose if any other total is thrown. (11) Craps two is a one roll wager that may be made at any time, which shall win if a total of 2 is thrown on the roll immediately following placement of such bet and shall lose if any other total is thrown. (12) Craps three is a one roll wager that may be made at any time, which shall win if a total of 3 is thrown on the roll immediately following placement of such bet and shall lose if any other total is thrown. (13) Craps twelve is a one roll wager that may be made at any time, which shall win if a total of 12 is thrown on the roll immediately following placement of such bet and shall lose if any other total is thrown. (14) An 11 in one roll is a one roll wager that may be made at any time, which shall win if a total of 11 is thrown on the next roll and shall lose if any other total is thrown. (15) Craps-11 or C and E is a one roll wager that may be made at any time, which shall win if either a craps (a total of 2, 3, or 12) is rolled or a total of 11 is rolled immediately following placement of such bet and shall lose if any other total is thrown. (16) Horn bet is a one roll wager that may be made at any time, which shall win if any one of the totals 2, 3, 11, or 12 is thrown on the roll immediately following placement of such bet and shall lose if any other total is thrown. (17) Horn high bet is a wager that may be made at any time, which shall win if any one of the totals 2, 3, 11, or 12 is thrown on the roll immediately following placement of such bet and shall lose if any other total is thrown. A horn high bet shall be placed in wager units of five with four units wagered as a horn bet and an additional unit wagered on one of the totals 2, 3, 11, or 12. If the craps table layout does not have a designated area for the acceptance of a horn high bet, a dealer shall break down the bet into two separate wagers on the horn and one of the totals 2, 3, 11, or 12. (18) Whirl bet or world bet is a one roll wager that may be made at any time, which bet shall consist of a horn bet and an any seven wager. A whirl bet shall be placed in units of five, with four units wagered on 2, 3, 11, and 12 and the fifth unit wagered as an any seven wager. A dealer shall break down a whirl bet into two separate wagers on the horn bet and the any seven wager. (19) Four the hardway on the hop is a one roll wager that may be made at any time, which shall win if a total of 4 is thrown the hardway (that is, with 2 spots appearing on each die) on the roll immediately following placement of such bet and shall lose if any other combination is thrown. (20) Six the hardway on the hop is a one roll wager that may be made at any time, which shall win if a total of 6 is thrown the hardway (that is, with 3 spots appearing on each die) on the roll immediately following placement of such bet and shall lose if any other combination is thrown.
(21) Eight the hardway on the hop is a one roll wager that may be made at any time, which shall win if a total of 8 is thrown the hardway (that is, with 4 spots appearing on each die) on the roll immediately following placement of such bet and shall lose if any other combination is thrown. (22) Ten the hardway on the hop is a one roll wager that may be made at any time, which shall win if a total of 10 is thrown the hardway (that is, with 5 spots appearing on each die) on the roll immediately following placement of such bet and shall lose if any other combination is thrown. (23) One-three (ace-trey) on the hop is a one roll wager that may be made at any time, which shall win if a total of 4 is thrown with a 1 spot appearing on one die and a 3 spot appearing on the other die on the roll immediately following placement of such bet and shall lose if any other combination is thrown. (24) One-four (ace-four) on the hop is a one roll wager that may be made at any time, which shall win if a total of 5 is thrown with a 1 spot appearing on one die and a 4 spot appearing on the other die on the roll immediately following placement of such bet and shall lose if any other combination is thrown. (25) Two-three (deuce-trey) on the hop is a one roll wager that may be made at any time, which shall win if a total of 5 is thrown with a 2 spot appearing on one die and a 3 spot appearing on the other die on the roll immediately following placement of such bet and shall lose if any other combination is thrown. (26) One-five (ace-five) on the hop is a one roll wager that may be made at any time, which shall win if a total of 6 is thrown with a 1 spot appearing on one die and a 5 spot appearing on the other die on the roll immediately following placement of such bet and shall lose if any other combination is thrown. (27) Two-four (deuce-four) on the hop is a one roll wager that may be made at any time, which shall win if a total of 6 is thrown with a 2 spot appearing on one die and a 4 spot appearing on the other die on the roll immediately following placement of such bet and shall lose if any other combination is thrown. (28) One-six (ace-six) on the hop is a one roll wager that may be made at any time, which shall win if a total of 7 is thrown with a 1 spot appearing on one die and a 6 spot appearing on the other die on the roll immediately following placement of such bet and shall lose if any other combination is thrown. (29) Two-five (deuce-five) on the hop is a one roll wager that may be made at any time, which shall win if a total of 7 is thrown with a 2 spot appearing on one die and a 5 spot appearing on the other die on the roll immediately following placement of such bet and shall lose if any other combination is thrown. (30) Three-four (trey-four) on the hop is a one roll wager that may be made at any time, which shall win if a total of 7 is thrown with a 3 spot appearing on one die and a 4 spot appearing on the other die on the roll immediately following placement of such bet and shall lose if any other combination is thrown. (31) Two-six (deuce-six) on the hop is a one roll wager that may be made at any time, which shall win if a
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total of 8 is thrown with a 2 spot appearing on one die and a 6 spot appearing on the other die on the roll immediately following placement of such bet and shall lose if any other combination is thrown. (32) Three-five (trey-five) on the hop is a one roll wager that may be made at any time, which shall win if a total of 8 is thrown with a 3 spot appearing on one die and a 5 spot appearing on the other die on the roll immediately following placement of such bet and shall lose if any other combination is thrown. (33) Three-six (trey-six) on the hop is a one roll wager that may be made at any time, which shall win if a total of 9 is thrown with a 3 spot appearing on one die and a 6 spot appearing on the other die on the roll immediately following placement of such bet and shall lose if any other combination is thrown. (34) Four-five on the hop is a one roll wager that may be made at any time, which shall win if a total of 9 is thrown with a 4 spot appearing on one die and a 5 spot appearing on the other die on the roll immediately following placement of such bet and shall lose if any other combination is thrown. (35) Four-six on the hop is a one roll wager that may be made at any time, which shall win if a total of 10 is thrown with a 4 spot appearing on one die and a 6 spot appearing on the other die on the roll immediately following placement of such bet and shall lose if any other combination is thrown. (36) Big 6 is a wager that may be made at any time on the big number 6 on the table layout, which shall win if a total of 6 is rolled before a total of 7 is rolled and shall lose if a total of 7 is thrown before a total of 6. (37) Big 8 is a wager that may be made at any time on the big number 8 on the table layout, which shall win if a total of 8 is rolled before a total of 7 is rolled and shall lose if a total of 7 is thrown before a total of 8. (38) A put bet is a wager that may be made at any time on any of the numbers 2, 3, 4, 5, 6, 8, 9, 10, 11, or 12 which wins if the number on which the wager was placed is thrown before a 7 appears and loses if a 7 is thrown before such number. (39) A high low bet is a one roll wager that wins if either a high (12) or low (2) is rolled and loses if any other total is thrown. This bet is broken down into separate wagers and placed on the appropriate areas of 12 and 2 on the table layout. (40) Three way craps is a one roll wager that wins if either an ace deuce (3) or any craps (2, 3, or 12) is rolled and loses if any other total is thrown. This bet is broken down into separate wagers and placed on the appropriate areas of the ace-deuce, 2, and 12 on the table layout. (b) Wagers are made before the dice are thrown but they may also be made between the time the dice leave the shooters hand and the time the dice come to rest, provided that the wager is confirmed orally by the dealer and a supervisor. (c) All wagers at craps are made by placing gaming chips on the appropriate area of the table layout. (d) A wager made on any bet may be removed or reduced at any time prior to a roll that decides the outcome of such wager except that a pass line bet and a come bet
may not be removed or reduced after a come out point or come point is established with respect to such bet. (e) All place to win bets, hardway bets and come odds bets are inactive on any come out roll unless called on by the player and confirmed by the dealer through placement of an on marker button on the top of each players wager. All other wagers are considered on. (f) The minimum and maximum wagers allowed at a table shall be posted at the table. (g) No call bets are allowed. A call bet is a bet made verbally without actually placing gaming chips on the table layout. (h) Winning payoff wagers at the game of craps are at the odds listed below:
Wager Pass Bet Come Bet Put Bet Points of 2 and 12 put bet Points of 3 and 11 put bet Points of 4 and 10 put bet Points of 5 and 9 put bet Points of 6 and 8 put bet Place Bet 2 to Win Place Bet 3 to Win Place Bet 4 to Win Place Bet 5 to Win Place Bet 6 to Win Place Bet 8 to Win Place Bet 9 to Win Place Bet 10 to Win Place Bet 11 to Win Place Bet 12 to Win Four the Hardway Six the Hardway Eight the Hardway Ten the Hardway Field Bet Any Seven Any Craps Craps 2 Craps 3 Craps 12 11 in one roll Four the Hardway on the Hop Six the Hardway on the Hop Eight the Hardway on the Hop Ten the Hardway on the Hop One-Three (Ace-Trey) on the Hop One-Four (Ace-Four) on the Hop One-Five (Ace-Five) on the Hop One-Six (Ace-Six) on the Hop Two-Three (Deuce-Trey) on the Hop Two-Four (Deuce-Four) on the Hop Two-Five (Deuce-Five) on the Hop Two-Six (Deuce-Six) on the Hop Three-Four (Trey-Four) on the Hop Three-Five (Trey-Five) on the Hop Three-Six (Trey-Six) on the Hop Four-Five on the Hop Four-Six on the Hop Big 6 Big 8 Payout Odds 1 to 1 1 to 1 1 to 1 6 to 1 3 to 1 2 to 1 3 to 2 6 to 5 6 to 33 8 to 22 9 to 5 7 to 5 7 to 6 7 to 6 7 to 5 9 to 5 8 to 22 6 to 33 7 to 1 9 to 1 9 to 1 7 to 1 1 to 1 on 3, 4, 9, 10, and 11 2 to 1 on 2 2 to 1 on 12 4 to 1 7 to 1 30 to 1 15 to 1 30 to 1 15 to 1 30 to 1 30 to 1 30 to 1 30 to 1 15 to 1 15 to 1 15 to 1 15 to 1 15 to 1 15 to 1 15 to 1 15 to 1 15 to 1 15 to 1 15 to 1 15 to 1 15 to 1 1 to 1 1 to 1
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Put Bet Six-Seven-Eight
Kansas Register
1 to 1 1 to 1 on 6 (One-Five or Two-Four), 7, 8 (Two-Six or Three-Five) 2 to 1 on 6 (the Hardway) or 8 (the Hardway)
Regulations
(i) A horn bet and horn high bet shall be paid as if they were four separate wagers on 2, 3, 11, and 12. (j) A craps-eleven or C and E bet shall be paid as if one half of the wagered amount had been placed on any craps and one half on eleven, and shall be paid as if two separate wagers were made for the one roll. (k) A lottery gaming facility manager (manager) may offer true odds on place bets under the following circumstances: (1) In addition to the payout odds set forth in above for place bets to win on 2, 3, 4, 5, 6, 8, 9, 10, 11, and 12 a manager may offer a player the option of receiving true odds on these bets in return for the player paying to manager, at the time of making the bet, a percentage of the amount wagered which in no event shall exceed five percent of such wager; (2) If a true odds place bet to win is made by a player, winning wagers shall be paid as follows:
Buy Bet made True odds paid
2 3 4 5 6 8 9 10 11 12
to to to to to to to to to to
Win Win Win Win Win Win Win Win Win Win
6 3 2 3 6 6 3 2 3 6
to to to to to to to to to to
1 1 1 2 5 5 2 1 1 1
3 or 11, 2 to 1 if the come point was 4 or 10, at odds of 3 to 2 if the come point was 5 or 9, and at odds of 6 to 5 if the come point was 6 or 8. A player loses this supplemental wager if the come bet loses. (3) Manager may allow a supplemental wager in support of a pass or come bet in an amount up to 10 (ten) times the amount of the original pass or come bet. The original pass or come bet and any supplemental wager allowed pursuant to this subsection shall be paid at the same odds as the original and supplemental wagers are paid under (1) through (4) above. (4) Whenever a player makes a put bet, the player has the right to make an additional wager in support of the bet which may be limited to an amount equal to the table minimum or maximum odds. If, in such circumstances, the bet wins, the original amount of the bet is paid at odds of 1 to 1 and the supplemental amount is paid in multiples of 6 to 1 if the come out point was 2 or 12, 3 to one if the come out point was 3 or 11, 2 to 1 if the come point was 4 or 10, 3 to 2 if the come point was 5 or 9, and 6 to 5 if the come point was 6 or 8. A player loses this supplemental bet if the put bet loses. (5) Manager may accept a supplemental wager that exceeds an amount that is otherwise authorized by this section or posted as the maximum wager permitted at the table, provided that the excess amount of the supplemental wager is necessary to facilitate the payouts permitted by this section. (Authorized by K.S.A. 2008 Supp. 74-8710 and 74-8748; implementing K.S.A. 2008 Supp. 74-8710; effective, T-111-12-7-10, Oct. 6, 2010.) 111-301-12. Play. (a) Control of the dice at a craps table is the responsibility of the stickperson at the table. (b) At the commencement of play, the craps stickperson shall offer the set of dice to the player immediately to the left of the dealer at the table. If the player rejects the dice, the stickperson shall offer the dice to each of the other players in turn clockwise around the table until one of the players accepts the dice. The first player to accept the dice when offered shall become the shooter who shall select and retain two of the dice offered. Upon selection of the dice, the shooter shall make a pass or dont pass bet after which he shall throw the two selected dice so that they leave his hand simultaneously and in a manner calculated to cause them to strike the end of the craps table farthest from him. It shall be the option of the shooter, after any roll, either to pass the dice or remain the shooter except that the shooter shall pass the dice upon throwing a losing total of 7 (this does not apply to the come out roll). The craps dealer may order the shooter to pass the dice to another player if the shooter unreasonably delays the game, repeatedly makes invalid rolls or violates applicable rules and regulations pertaining to the game of craps. (c) If a shooter, after making the come out point, elects not to place a pass bet, and other wagers remain on the table with respect to come numbers, the craps stickperson shall offer the dice to the player immediately to the left of the previous shooter. (d) A roll of the dice shall be invalid whenever either or both of the dice go off the table or whenever one die comes to rest on top of the other.
(l) Supplemental wagers shall also be allowed as follows: (1) Whenever a player makes a pass bet and a total of 2, 3, 4, 5, 6, 8, 9, 10, 11, or 12 is thrown on the come out roll, the player shall have the right to make a supplemental wager in support of the pass bet which may be limited to an amount that is equal to the amount of the original pass bet. If, in such circumstances, the pass bet wins, the original pass bet shall be paid at odds of 1 to 1 and the supplemental wager shall be paid at odds of 6 to 1 if the come out point was 2 or 12, 3 to one if the come out point was 3 or 11, 2 to 1 if the come out point was 4 or 10, at odds of 3 to 2 if the come out point was 5 or 9, and at odds of 6 to 5 if the come out point was 6 or 8. A player loses this supplemental wager if the pass bet loses. (2) Whenever a player makes a come bet and a total of 2, 3, 4, 5, 6, 8, 9, 10, 11, or 12 is thrown on the roll immediately following placement of such bet, the player shall have the right to make a supplemental wager in support of the come bet which may be limited to an amount that is equal to the amount of the original come bet. If, in such circumstances, the come bet wins, the original come bet shall be paid at odds of 1 to 1 and the supplemental wager shall be paid at odds of 6 to 1 if the come out point was 2 or 12, 3 to one if the come out point was
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(e) The dealer or stickperson shall also have the authority to invalidate a roll of the dice by calling no roll for any of the following reasons: (1) The dice do not leave the shooters hand simultaneously; (2) Either or both of the dice fail to strike an end of the table; (3) Either or both of the dice come to rest on the chips constituting the bank of chips located in front of the dealer; (4) Either or both of the dice come to rest in the dice cup in front of the craps stickperson or on one of the rails surrounding the table. (5) The use of a cheating, crooked or fixed device or technique was used in the roll of the dice; and, (6) For any other reason the craps dealer or stickperson considers the throw to be improper. (f) The call of no roll under any applicable rules of this game shall, whenever possible, be made before both dice come to rest. (g) A throw of the dice which results in the dice coming into contact with any match play coupons or chips on the table, other than the bank of chips located in front of the dealer, shall not be a cause for a call of no roll. (h) No roll may be called in craps by a dealer or stickperson. (i) Roll results shall be as follows: (1) In the event either or both of the dice do not land flat on the table (for example, one edge of the die is resting cocked on a stack of chips), the side directly opposite the side that is resting on the chips or other object shall be considered uppermost and skyward or face up. If more than one side of a die is resting on a stack of chips or other object, the roll shall be void and the dice shall be re-thrown. (2) In the event of a dispute as to which face is uppermost or face up, the dealer shall have discretion to determine which face is uppermost or to order the throw be void and the dice be re-thrown. (Authorized by K.S.A. 2008 Supp. 74-8710 and 74-8748; implementing K.S.A. 2008 Supp. 74-8710; effective, T-111-12-7-10, Oct. 6, 2010.) Article 302.SPECIFIC LOTTERY FACILITY GAMES AT LOTTERY GAMING FACILITIES; CRAPS 111-302-4. Characteristics of the game. (a) Craps is played at a large rectangular shaped table with rounded corners. (b) A cloth covering the table has areas for all possible bets that can be made. (c) Two dice as described in K.A.R. 111-302-2 are required to play the game. (d) The table layout is divided in half and both halves are imprinted the same. (e) For each half of the table open for play there is a dealer (also known as a base dealer) and for the entire table one employee that is called the stickperson that is positioned at the center across from the base dealer or dealers. (f) A floor supervisor sits in between the location for the two base dealers.
(g) The players are able to play on either half of the table along the far side away from the stickperson and the base dealers. If only half of the table is open for play, the players are able to play on only the open half of the table along the far side away from the stickperson and the base dealer. (Authorized by K.S.A. 2008 Supp. 74-8710 and 74-8748; implementing K.S.A. 2008 Supp. 74-8710; effective; T-111-12-24-2009, Dec. 3, 2009; amended, T-11112-7-10, Oct. 6, 2010.) Ed Van Petten Executive Director
Doc. No. 039193
State of Kansas
Kansas Lottery
Temporary Administrative Regulations Article 2.LOTTERY RETAILERS 111-2-255. Holiday Millionaire Raffle 2010 clerk incentive. (a) During the period beginning on or about November 22, 2010, and ending on or about December 29, 2010, in addition to compensation provided for in K.A.R. 111-2-4, the Kansas lottery also offers all store clerks at participating lottery retailers the opportunity to participate in a Holiday Millionaire Raffle clerk incentive promotion. Participating lottery retailers in this promotion shall include any Kansas lottery retailer who is actively selling Holiday Millionaire Raffle tickets during the period of this promotion. (b) At the end of the promotion, a drawing will be conducted on or around January 15, 2011, at a location determined by the executive director of the Kansas lottery, during which 20 prize winners will be selected. The drawing shall be conducted by a designee of the executive director of the Kansas lottery. (c) During the period of the promotion, an entry form into the drawing will be automatically dispensed from the selling lottery terminal after each sale of every $20 single Holiday Millionaire Raffle ticket. (d) The store clerk who sold the qualifying ticket which generated the entry form into the drawing shall be the person eligible to complete the entry form and enter the entry form into the drawing. (e) The store clerk shall complete the entry form in a legible manner and mail the completed entry form to the address designated by the Kansas lottery which is printed on the entry form. (f) The winner of each prize shall be entitled to $50 worth of Kansas lottery coupons for games of the Kansas lotterys choice. (Authorized by and implementing K.S.A. 74-8710 and K.S.A. 74-8708; effective, T-111-12-8-10, Nov. 10, 2010.) Article 4.INSTANT GAMES AND DRAWINGS 111-4-3032. Super Red Hot Crossword instant ticket lottery game number 347. (a) The Kansas lottery shall conduct an instant winner lottery game entitled Super Red Hot Crossword commencing on or after Decem(continued)
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HUN THN
Regulations
$100.00 $200.00
ber 1, 2010. The rules for this game are contained in K.A.R. 111-3-1 et seq. and 111-4-3032. (b) The play and prize symbols and captions for this game are as follows:
$5.00 10.00 15.00 20.00 25.00 50.00 75.00 $100$

Play Symbols
FIVE$ TEN$ FIFTEEN TWENTY TWEN-FIV FIFTY SVTYFIV ONE-HUN

Captions
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z GOOD LUCK MAYBE NEXT TIME (c) For this game, a play symbol shall appear in each of 20 play spots within the YOUR LETTERS play area, a variable number of times within the two crossword puzzle grids, and one time in the BONUS play area. (d) The ticket numbers in each book of tickets in this game shall start with 000 and end with 059. (e) The three letters comprising the retailer validation codes used in this game shall appear in three of eight varying locations among the play symbols. The retailer validation codes for this game and their meanings are as follows: FRE FIV TEN TWY TWF FTY STF
(f) The price of instant tickets sold by a retailer for this game shall be $5.00 each. (g) Super Red Hot Crossword will feature four separate play areas, YOUR LETTERS area, two CROSSWORD puzzles, and a BONUS area. The top puzzle grid will be imaged in black. The bottom puzzle grid will be imaged in red. In the CROSSWORD play area, a player will scratch the YOUR LETTERS play area to reveal 20 letters. Each of the YOUR LETTERS may be used in both crossword puzzles. A player will match the corresponding letters in both crossword puzzles by removing the scratch-off material covering the matching letter. If a player scratches four or more completed words across both puzzles, the player wins the corresponding prize in the prize legend. The entire word must be uncovered to win the corresponding prize. Only the highest corresponding prize can be won. Words revealed in the puzzle grid at the top of the ticket are the black words, and words revealed in the puzzle grid at the bottom of the ticket are the red words. In the BONUS play area, if a player reveals any amount, the player wins that amount instantly. A player can win once in this game play area. (h) To qualify as a complete word to win a prize in this game, the words revealed must meet the following requirements: (1) must contain at least three letters; (2) cannot be formed diagonally, run right to left or from bottom to top; (3) must appear in an unbroken horizontal or vertical string of letters in the crossword puzzle; (4) an unbroken string of letters cannot be interrupted by a black space and must contain every single letter square between two black spaces; (5) every single letter in the unbroken string must be revealed in the YOUR LETTERS area and be included to form a word; and (6) the three small letters outside the squares in the YOUR LETTERS area are for validation purposes and cannot be used to play Super Red Hot Crossword. (i) Each ticket in this game may win up to two times. (j) Approximately 900,000 tickets shall be ordered initially for this instant game. Additional ticket orders shall have the same prize structure, the same number of prizes per prize pool of 300,000 tickets, and the same odds as were contained in the initial ticket order. (k) The expected number and value of instant prizes in this game shall be as follows:
Game 1 Bonus Prizes Expected Number of Prizes in Game Expected Value in Game
Free ticket $5.00 $10.00 $20.00 $25.00 $50.00 $75.00
Free Ticket $5 $10 $5 $20 $10 $10 $5 $20 $10
Free Ticket $5 $10 $10 $10 $20 $20 $20
150,000 18,000 17,100 3,000 6,000 8,700 1,800 3,900
$0 90,000 171,000 30,000 60,000 174,000 36,000 78,000
Vol. 30, No. 10, March 10, 2011
Regulations
$25 $10 $50 $25 $50 $100 $50 $200 $1,000 $5,000 $50,000 TOTAL $25 $15 $50 $25 $75 $25 $100 $50 $25 $25 $25 $50 $50 $50 $75 $75 $100 $100 $100 $200 $1,000 $5,000 $50,000 4,800 1,800 3,000 4,200 1,500 2,700 300 600 2,400 600 1,350 150 99 30 6 232,035
Kansas Register
120,000 45,000 75,000 210,000 75,000 135,000 22,500 45,000 240,000 60,000 135,000 30,000 99,000 150,000 300,000 $2,380,500
251
1 diamond 2 diamonds 3 diamonds 4 diamonds 5 diamonds 6 diamonds 7 diamonds 8 diamonds 9 diamonds 10 diamonds Free Ticket $2 $4 $10 $20 $40 $100 $400 $1,000 $4,000
(l) The odds of winning a prize in this game are approximately one in 3.88. (Authorized by K.S.A. 74-8710; implementing K.S.A. 74-8710 and K.S.A. 74-8720; effective, T-111-12-8-10, Nov. 10, 2010.) 111-4-3033. Diamond Hunt instant ticket lottery game number 348. (a) The Kansas lottery shall conduct an instant winner lottery game entitled Diamond Hunt commencing on or after December 1, 2010. The rules for this game are contained in K.A.R. 111-3-1 et seq. and 111-4-3033. (b) The play and prize symbols and captions for this game are as follows:
Play and Prize Symbols Captions
(h) Each ticket in this game may win up to one time. (i) Approximately 600,000 tickets shall be ordered initially for this instant game. Additional ticket orders shall have the same prize structure, the same number of prizes per prize pool of 300,000 tickets, and the same odds as were contained in the initial ticket order. (j) The expected number and value of instant prizes in this game shall be as follows:
Number of Diamond Symbols Prizes Expected Number of Prizes in Game Expected Value in Game
Symbol of a money bag MNYBAG Symbol of a pot of gold POTGLD Symbol of a treasure TRSURE Symbol of a gold bar GLDBAR Symbol of a stack of coins STKCNS Symbol of a stack of bills BILLS Symbol of a vault VAULT Symbol of a diamond DIAMND (c) For this game, a play symbol shall appear in each of 10 play spots within the play area or areas. (d) The ticket numbers in each book of tickets in this game shall start with 000 and end with 299. (e) The three letters comprising the retailer validation codes used in this game shall appear in three of eight varying locations among the play symbols. The retailer validation codes for this game and their meanings are as follows: FRE Free Ticket TWO $2.00 FOR $4.00 TEN $10.00 TWY $20.00 FRY $40.00 HUN $100.00 FRH $400.00 (f) The price of instant tickets sold by a retailer for this game shall be $1.00 each. (g) Diamond Hunt is a key symbol match game. The player will remove the scratch-off material to reveal 10 play symbols. A player will match the number of DIAMOND symbols found in the play area to the prize shown in the prize grid. The prize grid is as follows:
1 2 3 4 5 6 7 8 9 10 TOTAL
Free Ticket $2 $4 $10 $20 $40 $100 $400 $1,000 $4,000
40,000 50,000 30,000 4,000 900 250 50 12 6 6 125,224
$0 100,000 120,000 40,000 18,000 10,000 5,000 4,800 6,000 24,000 $327,800
(k) The odds of winning a prize in this game are approximately one in 4.79. (Authorized by K.S.A. 74-8710; implementing K.S.A. 74-8710 and K.S.A. 74-8720; effective, T-111-12-8-10, Nov. 10, 2010.) 111-4-3034. Cold Hard Cash instant ticket lottery game number 349. (a) The Kansas lottery shall conduct an instant winner lottery game entitled Cold Hard Cash commencing on or after December 1, 2010. The rules for this game are contained in K.A.R. 111-3-1 et seq. and 111-4-3034. (b) The play and prize symbols and captions for this game are as follows:
Symbol of a stack of bills Symbol of a coin Symbol of a money bag Symbol of a piggy bank Symbol of a gold bar Symbol of a treasure chest Symbol of a safe Symbol of a gold nugget Symbol of a pot of gold Symbol of a vault $$
Prize Symbols
BILLS COIN MNYBAG PGYBNK BAR CHEST SAFE NUGGET GOLD VAULT DOLLAR
Captions
Free $1.00
TICKET ONE$
(continued)
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($1 x 5) + ($5 x 2) $25 ($5 x 5) ($1 x 5) + ($10 x 2) $25 + $10 ($5 x 3) + ($10 x 2) ($5 x 7) ($10 x 7) $100 ($25 x 4) $500 ($100 x 5) $1,000 $2,000 ($500 x 2) + ($200 x 5) TOTAL $15 $25 $25 $25 $35 $35 $35 $70 $100 $100 $500 $500 $1,000 $2,000 $2,000
Regulations
500 200 200 200 160 160 160 40 30 30 10 10 6 6 4 134,416 7,500 5,000 5,000 5,000 5,600 5,600 5,600 2,800 3,000 3,000 5,000 5,000 6,000 12,000 8,000 $327,400
$2.00 TWO$ $5.00 FIVE$ TEN$ 10.00 25.00 TWEN-FIV $100$ ONE-HUN $200$ TWO-HUN $500$ FIVE-HUN $1000 ONETHOU $2000 TWOTHOU (c) For this game, a play symbol shall appear in each of 14 play spots within the play area or areas. (d) The ticket numbers in each book of tickets in this game shall start with 000 and end with 299. (e) The three letters comprising the retailer validation codes used in this game shall appear in three of eight varying locations among the play symbols. The retailer validation codes for this game and their meanings are as follows: FRE Free Ticket ONE $1.00 TWO $2.00 FIV $5.00 SEV $7.00 FRN $14.00 FTN $15.00 TWF $25.00 THF $35.00 STY $70.00 HUN $100.00 FHN $500.00 (f) The price of instant tickets sold by a retailer for this game shall be $1.00 each. (g) Cold Hard Cash is a symbol instant win game. If a player reveals a $$ symbol, the player wins the prize shown below that symbol. (h) Each ticket in this game may win up to seven times. (i) Approximately 600,000 tickets shall be ordered initially for this instant game. Additional ticket orders shall have the same prize structure, the same number of prizes per prize pool of 300,000 tickets, and the same odds as were contained in the initial ticket order. (j) The expected number and value of instant prizes in this game shall be as follows:
Get Prizes Expected Number of Prizes in Game Expected Value in Game
(k) The odds of winning a prize in this game are approximately one in 4.46. (Authorized by K.S.A. 74-8710; implementing K.S.A. 74-8710 and K.S.A. 74-8720; effective, T-111-12-8-10, Nov. 10, 2010.) 111-4-3035. Dino Bucks instant ticket lottery game number 350. (a) The Kansas lottery shall conduct an instant winner lottery game entitled Dino Bucks commencing on or after December 1, 2010. The rules for this game are contained in K.A.R. 111-3-1 et seq. and 1114-3035. (b) The play and prize symbols and captions for this game are as follows:
01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 Symbol of a pickaxe
Prize Symbols
ONE TWO THR FOR FIV SIX SEV EGT NIN TEN ELV TWV TRN FRN FTN DBL
Captions
Free Ticket $1 $2 ($1 x 2) $5 ($2 x 2) + $1 ($1 x 5) $2 + $5 ($2 x 3) + $1 ($1 x 7) ($2 x 2) + $10 ($2 x 2) + ($5 x 2) ($2 x 7) $10 + $5 ($5 x 3) $1 + ($2 x 2) + $10
Free Ticket $1 $2 $2 $5 $5 $5 $7 $7 $7 $14 $14 $14 $15 $15 $15
40,000 48,000 14,000 13,000 2,600 2,600 2,600 1,800 1,800 1,800 1,000 1,000 1,000 500 500 500
$0 48,000 28,000 26,000 13,000 13,000 13,000 12,600 12,600 12,600 14,000 14,000 14,000 7,500 7,500 7,500
Free TICKET ONE$ $1.00 TWO$ $2.00 $3.00 THR$ FOUR$ $4.00 FIVE$ $5.00 TEN$ 10.00 TWENTY 20.00 FIFTY 50.00 $100$ ONE-HUN $5000 FIVTHOU (c) For this game, a play symbol shall appear in each of 11 play spots within the play area or areas. (d) The ticket numbers in each book of tickets in this game shall start with 000 and end with 299.
Vol. 30, No. 10, March 10, 2011
Regulations
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253
(e) The three letters comprising the retailer validation codes used in this game shall appear in three of eight varying locations among the play symbols. The retailer validation codes for this game and their meanings are as follows: FRE ONE FOR FIV TEN TWY FTY HUN FHN Free Ticket $1.00 $4.00 $5.00 $10.00 $20.00 $50.00 $100.00 $500.00
implementing K.S.A. 74-8710 and K.S.A. 74-8720; effective, T-111-12-8-10, Nov. 10, 2010.) 111-4-3036. Wild 1s instant ticket lottery game number 351. (a) The Kansas lottery shall conduct an instant winner lottery game entitled Wild 1s commencing on or after December 1, 2010. The rules for this game are contained in K.A.R. 111-3-1 et seq. and 111-4-3036. (b) The play and prize symbols and captions for this game are as follows:
(f) The price of instant tickets sold by a retailer for this game shall be $1.00 each. (g) Dino Bucks is a key number match game. A player will scratch the play area to reveal one WINNING NUMBER, five DINO NUMBERS, and five prize amounts. If the player matches the WINNING NUMBER to any of the DINO NUMBERS, the player wins the prize shown below that number. If the player reveals a PICKAXE symbol, the player wins double the prize shown instantly. (h) Each ticket in this game may win up to five times. (i) Approximately 600,000 tickets shall be ordered initially for this instant game. Additional ticket orders shall have the same prize structure, the same number of prizes per prize pool of 300,000 tickets, and the same odds as were contained in the initial ticket order. (j) The expected number and value of instant prizes in this game shall be as follows:
Symbol of a 1 (outlined) 2 3 4 5 6 7 8 9
Prize Symbols
ONE TWO THR FOR FIV SIX SEV EGT NIN

Captions
Free $1.00 $2.00 $5.00 10.00 25.00 $100$ $500$ $1000 $5000
TICKET ONE$ TWO$ FIVE$ TEN$ TWEN-FIV ONE-HUN FIVE-HUN ONETHOU FIVTHOU
Free Ticket $1 $4 $2 DBL ($1 x 4) $5 $2 + $3 ($1 x 5) $1 + $2 DBL $10 ($2 x 5) $1 + $4 + $5 $5 DBL $20 ($10 x 2) $10 DBL ($5 x 4) $50 $20 DBL + $10 ($10 x 5) $100 ($20 x 3) + $20 DBL ($100 x 5) $5,000 TOTAL
Free Ticket $1 $4 $4 $4 $5 $5 $5 $5 $10 $10 $10 $10 $20 $20 $20 $20 $50 $50 $50 $100 $100 $500 $5,000
40,000 55,200 7,600 7,600 7,600 1,900 1,900 1,900 1,900 800 800 800 800 500 500 500 500 160 160 160 30 30 20 6 131,366
$0 55,200 30,400 30,400 30,400 9,500 9,500 9,500 9,500 8,000 8,000 8,000 8,000 10,000 10,000 10,000 10,000 8,000 8,000 8,000 3,000 3,000 10,000 30,000 $326,400
(c) For this game, a play symbol shall appear in each of 14 play spots within the play area or areas. (d) The ticket numbers in each book of tickets in this game shall start with 000 and end with 299. (e) The three letters comprising the retailer validation codes used in this game shall appear in three of eight varying locations among the play symbols. The retailer validation codes for this game and their meanings are as follows: FRE ONE TWO FIV SEV FRN FTN TWF THF STY HUN FHN Free Ticket $1.00 $2.00 $5.00 $7.00 $14.00 $15.00 $25.00 $35.00 $70.00 $100.00 $500.00
(k) The odds of winning a prize in this game are approximately one in 4.57. (Authorized by K.S.A. 74-8710;
(f) The price of instant tickets sold by a retailer for this game shall be $1.00 each. (g) Wild 1 is a symbol instant win game. A player will scratch the play area to reveal seven play symbols and seven prize symbols. If the player reveals a 1 symbol, the player wins the prize shown below that symbol. (h) Each ticket in this game may win up to seven times.
(continued)
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09 10 11 12 13 14 15 MAYBE NEXT TIME GOOD LUCK
Prize Symbols
Regulations
NIN TEN ELV TWV TRN FRN FTN
Free Ticket Free Ticket $1 $1 $2 $2 ($1 x 2) $2 $5 $5 ($2 x 2) + $1 $5 ($1 x 5) $5 $2 + $5 $7 ($2 x 3) + $1 $7 ($1 x 7) $7 ($2 x 2) + $10 $14 ($2 x 2) + ($5 x 2) $14 ($2 x 7) $14 $10 + $5 $15 ($5 x 3) $15 $1 + ($2 x 2) + $10 $15 ($1 x 5) + ($5 x 2) $15 $25 $25 ($5 x 5) $25 ($1 x 5) + ($10 x 2) $25 $25 + $10 $35 ($5 x 3) + ($10 x 2) $35 ($5 x 7) $35 ($10 x 7) $70 $100 $100 ($25 x 4) $100 $500 $500 ($100 x 5) $500 $1,000 $1,000 $5,000 $5,000 ($500 x 4) + ($1,000 x 3) $5,000 TOTAL
40,000 50,000 15,000 14,000 2,000 2,000 2,000 1,400 1,400 1,400 600 600 600 400 400 400 400 200 200 200 150 150 150 100 30 30 20 20 6 4 4 133,864
$0 50,000 30,000 28,000 10,000 10,000 10,000 9,800 9,800 9,800 8,400 8,400 8,400 6,000 6,000 6,000 6,000 5,000 5,000 5,000 5,250 5,250 5,250 7,000 3,000 3,000 10,000 10,000 6,000 20,000 20,000 $326,350
Captions
Free $2.00 $3.00 $4.00 $5.00 10.00 20.00 40.00 50.00 $100$ $500$ $1000 $10000
TICKET TWO$ THR$ FOUR$ FIVE$ TEN$ TWENTY FORTY FIFTY ONE-HUN FIVE-HUN ONETHOU 10-THOU
(c) For this game, a play symbol shall appear in each of 21 play spots within the play area or areas. (d) The ticket numbers in each book of tickets in this game shall start with 000 and end with 149. (e) The three letters comprising the retailer validation codes used in this game shall appear in three of eight varying locations among the play symbols. The retailer validation codes for this game and their meanings are as follows: FRE TWO FOR FIV TEN TWY FRY FTY HUN Free Ticket $2.00 $4.00 $5.00 $10.00 $20.00 $40.00 $50.00 $100.00
(k) The odds of winning a prize in this game are approximately one in 4.48. (Authorized by K.S.A. 74-8710; implementing K.S.A. 74-8710 and K.S.A. 74-8720; effective, T-111-12-8-10, Nov. 10, 2010.) 111-4-3037. Beef & Bucks instant ticket lottery game number 352. (a) The Kansas lottery shall conduct an instant winner lottery game entitled Beef & Bucks commencing on or after December 1, 2010. The rules for this game are contained in K.A.R. 111-3-1 et seq. and 1114-3037. (b) The play and prize symbols and captions for this game are as follows:
01 02 03 04 05 06 07 08
ONE TWO THR FOR FIV SIX SEV EGT
(f) The price of instant tickets sold by a retailer for this game shall be $2.00 each. (g) The Beef & Bucks ticket features two games. Game 1 is a key number match game. A player will scratch the play area to reveal four WINNING NUMBERS and eight YOUR NUMBERS with a prize amount shown below each of the YOUR NUMBERS. If a player matches any of the YOUR NUMBERS to either of the WINNING NUMBERS, the player wins the prize shown below that number. A player can win up to eight times in this play area. Game 2 is an instant win game. If a player reveals any prize amount, the player wins that amount instantly. A player can win once in this play area. (h) Each ticket in this game may win up to nine times. (i) Approximately 600,000 tickets shall be ordered initially for this instant game. Additional ticket orders shall have the same prize structure, the same number of prizes
Vol. 30, No. 10, March 10, 2011
Regulations
Kansas Register
11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 m&ms $ Symbol of an m&m candy Symbol of a donut Symbol of chocolate Symbol of a cookie Symbol of a cake MAYBE NEXT TIME GOOD LUCK
Prize Symbols
255
ELV TWV TRN FRN FTN SXTN SVTN EGTN NTN TWTY TWYONE TWYTWO TWYTHR TWYFOR TWYFIV TWYSIX TWYSEV TWYEGT TWYNIN THRTY THRONE THRTWO THRTHR THRFOR THRFIV WIN MOOLAH CANDY DONUT CHOC COOKIE CAKE
per prize pool of 300,000 tickets, and the same odds as were contained in the initial ticket order. (j) The expected number and value of instant prizes in this game shall be as follows:
Game 1 Free Ticket $2 $4 $2 $2 + $3 $2 $5 $10 ($2 x 5) $2 + $3 ($5 x 2) $20 ($10 x 2) $20 ($2 x 8) $4 ($5 x 4) $40 ($4 x 5) + ($5 x 3) $5 ($20 x 2) $50 ($20 x 2) + $10 $20 + $10 $20 ($5 x 8) $10 $100 ($50 x 2) $1,000 ($500 x 2) $10,000 Subtotal Second Chance Drawing Prize Package TOTAL Game 2 Prizes Free Ticket $2 $2 $4 $4 $5 $5 $5 $5 $10 $10 $10 $10 $10 $20 $20 $20 $20 $20 $40 $40 $40 $50 $50 $50 $50 $100 $100 $1,000 $1,000 $10,000 Expected Number of Prizes in Game 40,000 26,000 26,000 11,000 11,000 6,000 6,000 6,000 6,000 2,000 2,000 2,000 2,000 2,000 1,000 1,000 900 900 900 200 200 200 140 140 140 140 40 40 10 10 6 153,966 10 153,976 Expected Value in Game $0 52,000 52,000 44,000 44,000 30,000 30,000 30,000 30,000 20,000 20,000 20,000 20,000 20,000 20,000 20,000 18,000 18,000 18,000 8,000 8,000 8,000 7,000 7,000 7,000 7,000 4,000 4,000 10,000 10,000 60,000 $646,000 50,000 $696,000
$2 $2 $3 $5 $5 $10
$5,000
Captions
(k) The odds of winning a prize in this game are approximately one in 3.90. (Authorized by K.S.A. 74-8710; implementing K.S.A. 74-8710 and K.S.A. 74-8720; effective, T-111-12-8-10, Nov. 10, 2010.) 111-4-3038. M&Ms Moolah instant ticket lottery game number 353. (a) The Kansas lottery shall conduct an instant winner lottery game entitled M&Ms Moolah commencing on or after December 1, 2010. The rules for this game are contained in K.A.R. 111-3-1 et seq. and 111-4-3038. (b) The play and prize symbols and captions for this game are as follows:
$5 10.00 15.00 25.00 50.00 75.00 $100$ $500$ $1000 $5000 $25000
.00
FIVE$ TEN$ FIFTEEN TWEN-FIV FIFTY SVTYFIV ONE-HUN FIVE-HUN ONETHOU FIVTHOU 25-THOU
01 02 03 04 05 06 07 08 09 10
ONE TWO THR FOR FIV SIX SEV EGT NIN TEN
(c) For this game, a play symbol shall appear in each of 31 play spots within the play area or areas. (d) The ticket numbers in each book of tickets in this game shall start with 000 and end with 059. (e) The three letters comprising the retailer validation codes used in this game shall appear in three of eight varying locations among the play symbols. The retailer validation codes for this game and their meanings are as follows: FIV TEN FTN TWF $5.00 $10.00 $15.00 $25.00
(continued)
Vol. 30, No. 10, March 10, 2011
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Regulations
FTY $50.00 STF $75.00 HUN $100.00 FHN $500.00 (f) The price of instant tickets sold by a retailer for this game shall be $5.00 each. (g) The M&Ms Moolah ticket features three separate play areas. In the key number match game, a player will remove the scratch-off material to reveal three M&Ms NUMBERS, 12 YOUR NUMBERS, and 12 prize amounts. If a player matches any of the YOUR NUMBERS to any of the M&Ms NUMBERS, the player wins the prize shown below that number. If a player reveals an m&ms symbol, the player wins the prize shown automatically. If the player reveals a $ symbol, the player wins all 12 prizes shown. A player can win up to 12 times in this play area. In the INSTANT MOOLAH game, if a player reveals three m candy symbols, the player wins $50 instantly. A player can win once in this play area. In the BONUS MOOLAH play area, if a player reveals any prize amount, the player wins that amount instantly. A player can win once in this play area. (h) Each ticket in this game may win up to 14 times. (i) Approximately 300,000 tickets shall be ordered initially for this instant game. Additional ticket orders shall have the same prize structure, the same number of prizes per prize pool of 300,000 tickets, and the same odds as were contained in the initial ticket order. (j) The expected number and value of instant prizes in this game shall be as follows:
Key Number Match Instant Moolah Bonus Moolah Prizes Expected Expected Number of Value Prizes in Game in Game
(k) The odds of winning a prize in this game are approximately one in 3.61. (Authorized by K.S.A. 74-8710; implementing K.S.A. 74-8710 and K.S.A. 74-8720; effective, T-111-12-8-10, Nov. 10, 2010.) 111-4-3039. Truck & Bucks instant ticket lottery game number 357. (a) The Kansas lottery shall conduct an instant winner lottery game entitled Truck & Bucks commencing on or after December 1, 2010. The rules for this game are contained in K.A.R. 111-3-1 et seq. and 111-4-3039. (b) The play and prize symbols and captions for this game are as follows:
$5 $5 $10 ($5 x 2) $15 ($5 x 2) $10 + $5 $25 $10 + $15 ($5 x 4) ($5 x 5) $50 $50 ($25 x 2) ($5 x 9) $75 ($5 x 10) ($5 x 2) + $15 $50 $100 ($25 x 4) ($10 x 4) + ($5 x 6) + ($15 x 2) WIN ALL ($5 x 8) $50 $500 ($25 x 10) + $100 + $75 $50 $1,000 ($100 x 6) + ($50 x 2) + ($75 x 4) WIN ALL ($500 x 2) $5,000 $25,000 TOTAL
$5
$5
$5 $25
$5 $5 $10 $10 $15 $15 $15 $25 $25 $25 $25 $50 $50 $50 $50 $75 $75 $75 $100 $100 $100 $100 $500 $500 $1,000 $1,000 $1,000 $5,000 $25,000
42,000 5,000 10,000 10,000 4,000 2,600 2,500 1,000 950 950 950 500 850 500 550 150 150 150 80 70 70 70 30 30 2 2 3 4 3 83,164
$210,000 25,000 100,000 100,000 60,000 39,000 37,500 25,000 23,750 23,750 23,750 25,000 42,500 25,000 27,500 11,250 11,250 11,250 8,000 7,000 7,000 7,000 15,000 15,000 2,000 2,000 3,000 20,000 75,000 $982,500
Symbol of a steering wheel Symbol of a tire Symbol of a speedometer Symbol of a light Symbol of a hubcap Symbol of some keys Symbol of a mirror Symbol of some oil Symbol of a stereo Symbol of a gearshift Symbol of a gas can Symbol of a coin Symbol of some dollar bills Symbol of a money bag Symbol of a sunflower Symbol of some wheat Symbol of a bird Symbol of a bee 2X MAYBE NEXT TIME GOOD LUCK
Prize Symbols
STEERNG TIRE SPDMTR LIGHT HUBCAP KEYS MIRROR OIL STEREO GRSHFT GASCAN COIN BILLS MNYBAG SUNFLW WHEAT BIRD BEE DOUBLER
Captions
$5.00 10.00 15.00 25.00 50.00 75.00 $100$ $500$ $1000 $5000 $25000
FIVE$ TEN$ FIFTEEN TWEN-FIV FIFTY SVTYFIV ONE-HUN FIVE-HUN ONETHOU FIVTHOU 25-THOU
$10 $25
(c) For this game, a play symbol shall appear in each of 29 play spots within the play area or areas. (d) The ticket numbers in each book of tickets in this game shall start with 000 and end with 059. (e) The three letters comprising the retailer validation codes used in this game shall appear in three of eight varying locations among the play symbols. The retailer validation codes for this game and their meanings are as follows: FIV TEN FTN TWF $5.00 $10.00 $15.00 $25.00
Vol. 30, No. 10, March 10, 2011
Regulations
Kansas Register
Second-Chance Drawing Prize TOTAL 2X - denotes doubler prize $42,857 1 83,363
257
42,857 $975,607
FTY $50.00 STF $75.00 HUN $100.00 FHN $500.00 (f) The price of instant tickets sold by a retailer for this game shall be $5.00 each. (g) Truck & Bucks features three separate play areas. In the key number match game, a player will remove the scratch-off material to reveal two WINNING SYMBOLS, 10 YOUR SYMBOLS, and 10 prize amounts. If a player matches any of the YOUR SYMBOLS to either of the WINNING SYMBOLS, the player wins the prize shown for that symbol. If a player reveals a 2X symbol, the player wins double that prize. A player can win up to 10 times in this play area. In the WIN UP TO $25,000 INSTANTLY play area, if a player reveals three like prize amounts, the player wins that amount. A player can win once in this play area. In the BONUS play area, if a player reveals any prize amount, the player wins that amount instantly. A player can win once in this play area. (h) Each ticket in this game may win up to 12 times. (i) Approximately 300,000 tickets shall be ordered initially for this instant game. Additional ticket orders shall have the same prize structure, the same number of prizes per prize pool of 300,000 tickets, and the same odds as were contained in the initial ticket order. (j) The expected number and value of instant prizes in this game shall be as follows:
Key Symbol Match Match 3 Bonus Prizes Expected Expected Number of Value Prizes in Game in Game
(k) The odds of winning a prize in this game are approximately one in 3.60. (Authorized by K.S.A. 74-8710; implementing K.S.A. 74-8710 and K.S.A. 74-8720; effective, T-111-12-8-10, Nov. 10, 2010.)
BEEF & BUCKS DRAWINGS
111-4-3040. Name of drawings. The Kansas lottery shall conduct two second-chance drawings entitled Beef & Bucks and will accept entries on and after the day Kansas Lottery Beef & Bucks instant tickets are first offered for sale to the general public and ending as specified in these rules. Drawings will be held on or around March 25, 2011, and on or around June 17, 2011, at a location designated by the executive director of the Kansas lottery. Rules applicable to the Beef & Bucks drawings are contained in K.A.R. 111-4-3040 through 111-4-3045 and K.A.R. 111-3-1, et seq. (Authorized by and implementing K.S.A. 74-8710; effective, T-111-12-8-10, Nov. 10, 2010.) 111-4-3041. Definitions. (a) All definitions contained in the Kansas lottery act (K.S.A. 74-8701 et seq.) and lottery regulations are hereby incorporated by reference and govern unless otherwise indicated. (b) Beef & Bucks drawing means the act of drawing prizes conducted by the Kansas lottery at a location determined by the executive director of the Kansas lottery in which participants are selected to win various prizes as described in these rules. (c) Non-winning ticket means any valid Kansas lottery Beef & Bucks instant game lottery ticket not eligible to win a prize under the rules of the Beef & Bucks instant game. (d) Receptacle or drum means a container in which non-winning Kansas instant game lottery tickets are placed and from which the Beef & Bucks drawing entries are drawn. Receptacles or drums may be sealable and shall be capable of being mixed or rotated for the purpose of ensuring random distribution. (e) Bare arm technique means a type of drawing where the person drawing the winning ticket from the receptacle or drum wears a long-sleeved shirt with sleeve rolled up above the elbow, a short-sleeved shirt (sleeve not extending past the elbow) or a no-sleeve shirt which exposes the drawers bare arm and looks away from the drawing drum or receptacle while drawing. (Authorized by and implementing K.S.A. 74-8710; effective, T-111-128-10, Nov. 10, 2010.) 111-4-3042. Prize. (a) The winner of a prize at the Beef & Bucks drawings shall each receive a prize package consisting of Munson premium angus beef, $2,000 cash, and all applicable mandatory federal and state income withholding taxes and other applicable initial taxes and fees. The approximate gross value of each prize package is $5,000.00. (b) There will be five winners selected at each drawing, for a total of 10 prize packages.
(continued)
$5 $5 $5 $10 $10 $10 $5 (2X) ($5 x 2) $15 $15 $5 (2X) $10 + $5 $25 $10 + $15 $10 (2X) $5 $50 ($25 x 2) $25 $5 + $15 $25 (2X) ($5 x 9) $75 $25 (2X) ($5 x 10) $100 $5
$5 $15
$5 $25 $5 $5
$25
$15 $10 $100
$10 $15
($25 x 4) ($5 x 8) $50 $500 ($50 x 8) + ($25 x 2) $25 $1,000 ($500 x 2) $5,000 $25,000 Subtotal
$10 $25
$5 $5 $5 $10 $10 $10 $10 $10 $15 $15 $15 $15 $25 $25 $25 $25 $50 $50 $50 $50 $50 $50 $75 $75 $75 $100 $100 $100 $100 $500 $500 $1,000 $1,000 $5,000 $25,000
25,000 15,000 4,000 6,000 6,000 5,000 5,000 5,000 2,000 1,500 1,500 1,200 900 900 1,200 900 200 200 200 200 450 300 150 150 150 70 35 70 35 20 20 2 3 4 3 83,362
$125,000 75,000 20,000 60,000 60,000 50,000 50,000 50,000 30,000 22,500 22,500 18,000 22,500 22,500 30,000 22,500 10,000 10,000 10,000 10,000 22,500 15,000 11,250 11,250 11,250 7,000 3,500 7,000 3,500 10,000 10,000 2,000 3,000 20,000 75,000 $932,750
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(c) All prizes are subject to lottery validation, set-offs and deductions authorized by law. (d) The winner of a prize shall return to the lottery a completed claim form as provided by the lottery within 30 calendar days in which his or her ticket was drawn or the person named on the ticket drawn will no longer be eligible for the prize. In such an event, the first eligible alternate entry drawn for that prize pursuant to these rules shall be declared the winner. (Authorized by and implementing K.S.A. 74-8710; effective, T-111-12-8-10, Nov. 10, 2010.) 111-4-3043. Method of entry. (a) Entry into the Beef & Bucks drawings shall be accomplished as follows: (1) Obtain a valid Beef & Bucks Kansas instant lottery ticket. (2) Determine if the ticket is a winning ticket in accordance with Beef & Bucks game rules. If the ticket is a winning ticket, it is not eligible for the drawings and shall be redeemed in accordance with the instant game rules. (3) If the ticket is a valid non-winning ticket, the ticket is eligible for the drawing and the holder of the ticket may use it to enter one of the drawings. (4) The holder of the non-winning ticket must complete the information form on the back of the ticket in a legible manner. Only one name shall appear on a non-winning ticket entered. (5) A receptacle or drum may be available for deposit of entries at various locations as may be specifically designated by the lottery. All entries so deposited shall be transported to lottery headquarters and secured until the time of the applicable drawing. (6) Entries may also be mailed with proper postage to Beef & Bucks Drawing, c/o Kansas lottery, P. O. Box 750980, Topeka, Kansas 66675-0980. Mailed entries must be received by morning mail pickup on the Tuesday immediately prior to each drawing. More than one entry may be mailed in one envelope. (7) No later than 5:00 p.m. CDT on the Tuesday preceding each drawing, players may also deposit entries for this drawing into any receptacle the Kansas lottery has specifically designated for deposit of said entries. (8) Each drawing will be conducted on or around the dates set forth in these rules. (b) There is no limit on the number of entries a person may make, but a person may only win one time in each drawing. Entries entered into a drawing are not eligible for any subsequent drawing. (c) Only valid non-winning Beef & Bucks tickets which are mailed to Beef & Bucks Drawing, c/o Kansas lottery, P. O. Box 750980, Topeka, Kansas 66675-0980 with proper postage and received by the morning mail pickup in Topeka, Kansas, on the Tuesday immediately preceding the drawing, and non-winning Beef & Bucks tickets entered at other locations as may be specifically designated by the lottery, shall be eligible for the drawing. (d) Eligible entrants in the Beef & Bucks drawings must be 18 years of age or older. (e) Completing the information form on the non-winning ticket and entering the ticket into the drawing con Kansas Secretary of State 2011
stitutes authorization to publicly identify the person whose entry is drawn. (Authorized by and implementing K.S.A. 74-8710; effective, T-111-12-8-10, Nov. 10, 2010.) 111-4-3044. Certification of drawing. (a) The Beef & Bucks drawings shall be personally observed by a member of the Kansas lottery security department and a member of the Kansas lottery marketing department or other person or persons designated by the executive director of the lottery (hereinafter event manager). (b) Upon completion of each drawing, the security official and the event manager shall issue a report to the executive director, certifying that the name of each prize winner is correct, and that to the best of their knowledge the procedures required by these rules were followed in selecting the prize winners. (Authorized by and implementing K.S.A. 74-8710; effective, T-111-12-8-10, Nov. 10, 2010.) 111-4-3045. Selection of winners. The following process shall be used for the selection of winners in the Beef & Bucks drawings: (a) Kansas lottery personnel shall pick up all mail containing Beef & Bucks drawing tickets at the United States Post Office in Topeka, Kansas, with the final pick up at the Topeka post office in the morning mail pickup on the Tuesday immediately preceding each drawing. Following the morning mail pickup on each Tuesday immediately preceding each drawing, the envelopes containing mailed entries will be transported to lottery headquarters and opened by lottery personnel. All mailed entries and entries retained from such other locations as specifically designated by the lottery shall then be placed in the drawing receptacle or drum. (b) Each drawing shall be held at Kansas lottery headquarters and shall be open to the public with lottery security personnel present. Each drawing shall be audio and video taped. (c) At each drawing held on the dates set forth in these rules, lottery security personnel will be present with the person designated by the executive director to perform the drawing. Prior to each drawing, if a drum is used, the drum shall be sealed and the contents mixed by rotating the drum at least 10 times. If a receptacle other than a drum is used, the contents shall be mixed with a shovel or by other means for at least two minutes prior to the drawing. (d) The designated individual shall then unseal the drum, if a drum is used, and using the bare-arm technique, while looking away, remove five entries from the receptacle or drum, one at a time. The person whose name appears on each entry shall be the winner of one of the prize packages identified in these rules, subject to validation by the lottery as set forth in these rules. Each valid entry shall be numbered from one through five. (e) After five entries have been drawn, and the entries have been verified as valid, five more entries will be drawn, one at a time. The last five entries drawn will serve as alternate entries for the prize packages. The alternate entries will be marked in order drawn, 1A, 2A, 3A, 4A, and 5A. The alternate entries will be used only if one or more of the original winners cannot be located or
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is declared ineligible, or fails to present a fully-executed claim form to lottery headquarters by 5:00 p.m. of the thirtieth calendar day following the drawing. The alternates will be used, if necessary, in the order drawn. If an alternate winner cannot be located, is declared ineligible, or fails to present a fully-executed claim form to lottery headquarters by 5:00 p.m. of the thirtieth calendar day following the claim form being given or sent to the alternate winner, the alternate winner process shall be repeated until the prize is properly claimed or until such time as no alternate winners remain, whichever occurs first. (f) The Kansas lottery security official present shall review each ticket drawn to determine the validity of the entry into the Beef & Bucks drawings in accordance with these regulations. If it is a valid entry and the name is legible, the event manager and the security person present shall record the name of the winner and the prize won. Each winner shall be given or sent a prize claim form to be completed and returned to the lottery within 30 calendar days of the drawing. (g) If the entry is determined to be ineligible, it shall be discarded by the security person present and another entry drawn. This procedure will be repeated until valid selections are obtained. (h) Only non-winning Beef & Bucks instant tickets as defined by these rules are eligible for the drawing. (i) All Beef & Bucks tickets remaining in the drum or receptacle after the winners and alternates have been selected in each drawing, and all entries not received in compliance with these rules, shall be destroyed pursuant to K.A.R. 111-3-34. (Authorized by and implementing K.S.A. 74-8710; effective, T-111-12-8-10, Nov. 10, 2010.) Article 7.KANSAS-ONLY ON-LINE GAMES
BOOT HILL BOUNTY DRAWINGS
(d) Receptacle or drum means a container in which entry forms are placed and from which the Boot Hill Bounty Drawing entries are drawn. Receptacles or drums may be sealable and shall be capable of being mixed or rotated for the purpose of ensuring random distribution. (e) Bare arm technique means a type of drawing where the person drawing the winning ticket from the receptacle or drum wears a long-sleeved shirt with sleeve rolled up above the elbow, a short-sleeved shirt (sleeve not extending past the elbow) or a no-sleeve shirt which exposes the drawers bare arm and looks away from the drawing drum or receptacle while drawing. (Authorized by and implementing K.S.A. 74-8710; effective, T-111-128-10, Nov. 10, 2010.) 111-7-245. Prize. (a) The winner of a prize at each of the Boot Hill Bounty Drawings shall receive a prize package consisting of one double occupancy hotel room and room taxes at the Boot Hill Bed & Breakfast in Dodge City, Kansas, for four days and three nights, a Boot Hill Casino & Resort package, a VIP tour of historic Dodge City, Kansas, a local restaurant package, an old west photo session, $2,500 cash, and mandatory state and federal income withholding taxes and other applicable initial taxes and fees for this prize. (b) There will be two winners selected at each drawing, for a total of six prize packages. (c) All prizes are subject to lottery validation, set-offs and deductions authorized by law. (d) All prize package winners will be required to join the Boot Hill Casino & Resort players club. (e) All prize package winners must be at least 21 years of age. (f) Hotel occupancy at the Boot Hill Bed & Breakfast is subject to availability. (g) The winner of a prize package shall return to the lottery a completed claim form as provided by the lottery within 30 calendar days in which his or her entry form was drawn or the person named on the entry form drawn will no longer be eligible for the prize. In such an event, the first eligible alternate entry drawn for that prize pursuant to these rules shall be declared the winner. (Authorized by and implementing K.S.A. 74-8710; effective, T-111-12-8-10, Nov. 10, 2010.) 111-7-246. Method of entry. (a) Entry into the Boot Hill Bounty Drawings shall be accomplished as follows: (1) Purchase a single $10 or more Kansas HoldEm Kansas lottery online ticket, after which an entry form into the Boot Hill Bounty Drawings will be automatically generated by the lottery terminal. (2) The holder of the entry form must complete the information on the form in a legible manner. Only one name shall appear on an entry form that is entered. (3) A receptacle or drum may be available for deposit of entries at various locations as may be specifically designated by the lottery. All entries so deposited shall be transported to lottery headquarters and secured until the time of the applicable drawing.
(continued)
111-7-243. Name of drawing. The Kansas lottery shall conduct three drawings entitled Boot Hill Bounty Drawings and will accept entries starting November 12, 2010. Drawings will be held on or around December 17, 2010, January 28, 2011, and March 11, 2011, at a location designated by the executive director of the Kansas lottery. Rules applicable to these drawings are contained in K.A.R. 111-7-243 through 111-7-248 and K.A.R. 111-6-1 et seq. (Authorized by and implementing K.S.A. 74-8710; effective, T-111-12-8-10, Nov. 10, 2010.) 111-7-244. Definitions. (a) All definitions contained in the Kansas lottery act (K.S.A. 74-8701 et seq.) and lottery regulations are hereby incorporated by reference and govern unless otherwise indicated. (b) Boot Hill Bounty Drawing means the act of drawing prizes conducted by the Kansas lottery at a location determined by the executive director of the Kansas lottery in which participants are selected to win various prizes as described in these rules. (c) Entry form means the form or voucher that is automatically generated by the computer terminal after each sale of $10 or more Kansas Hold Em single tickets during the dates of this promotion.
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(4) Entries may also be mailed with proper postage to Boot Hill Bounty Drawing, c/o Kansas Lottery, P. O. Box 5596, Topeka, Kansas 66605-0596. Mailed entries must be received by morning mail pickup on the Tuesday immediately prior to each drawing. More than one entry may be mailed in one envelope. (5) No later than 5:00 p.m. CDT on the Tuesday preceding each drawing, players may also deposit entries for this drawing into any receptacle the Kansas lottery has specifically designated for deposit of said entries. (6) Each drawing will be conducted on or around the dates set forth in these rules. (b) There is no limit on the number of entries a person may make, but a person may only win one time in each drawing. Entries entered into a drawing are not eligible for any subsequent drawing. (c) Only valid entry forms into the Boot Hill Bounty Drawings which are mailed to Boot Hill Bounty Drawing, c/o Kansas Lottery, P. O. Box 5596, Topeka, Kansas 66605-0596, with proper postage and received by the morning mail pickup in Topeka, Kansas, on the Tuesday immediately preceding the drawing, and any entry forms entered at other locations as may be specifically designated by the lottery, shall be eligible for the drawing. (d) Eligible entrants in the Boot Hill Bounty Drawings must be 21 years of age or older. (e) Completing the information on the entry form and entering the entry form into the drawing constitutes authorization to publicly identify the person whose entry is drawn. (Authorized by and implementing K.S.A. 74-8710; effective, T-111-12-8-10, Nov. 10, 2010.) 111-7-247. Certification of drawing. (a) The Boot Hill Bounty Drawings shall be personally observed by a member of the Kansas lottery security department and a member of the Kansas lottery marketing department or other person or persons designated by the executive director of the lottery (hereinafter event manager). (b) Upon completion of each drawing, the security official and the event manager shall issue a report to the executive director, certifying that the name of each prize winner is correct, and that to the best of their knowledge the procedures required by these rules were followed in selecting the prize winners. (Authorized by and implementing K.S.A. 74-8710; effective, T-111-12-8-10, Nov. 10, 2010.) 111-7-248. Selection of winners. The following process shall be used for the selection of winners in the Boot Hill Bounty drawings: (a) Kansas lottery personnel shall pick up all mail containing Boot Hill Bounty Drawing entries at the United States Post Office in Topeka, Kansas, with the final pick up at the Topeka post office in the morning mail pickup on the Tuesday immediately preceding each drawing. Following the morning mail pickup on each Tuesday immediately preceding each drawing, the envelopes containing mailed entries will be transported to lottery headquarters and opened by lottery personnel. All mailed entries and entries retained from such other locations as specifically designated by the lottery shall then be placed in the drawing receptacle or drum.
(b) Each drawing shall be held at Kansas lottery headquarters and shall be open to the public with lottery security personnel present. Each drawing shall be audio and video taped. (c) At each drawing held on the dates set forth in these rules, lottery security personnel will be present with the person designated by the executive director to perform the drawing. Prior to each drawing, if a drum is used, the drum shall be sealed and the contents mixed by rotating the drum at least 10 times. If a receptacle other than a drum is used, the contents shall be mixed with a shovel or by other means for at least two minutes prior to the drawing. (d) The designated individual shall then unseal the drum, if a drum is used, and using the bare-arm technique, while looking away, remove two entries from the receptacle or drum, one at a time. The person whose name appears on each entry shall be the winner of one of the prize packages identified in these rules, subject to validation by the lottery as set forth in these rules. Each valid entry shall be numbered from one through two. (e) After two entries have been drawn, and the entries have been verified as valid, two more entries will be drawn, one at a time. The last two entries drawn will serve as alternate entries for the prize packages. The alternate entries will be marked in order drawn, 1A and 2A. The alternate entries will be used only if one or more of the original winners cannot be located or is declared ineligible, or fails to present a fully- executed claim form to lottery headquarters by 5:00 p.m. of the thirtieth calendar day following the drawing. The alternates will be used, if necessary, in the order drawn. If an alternate winner cannot be located, is declared ineligible, or fails to present a fully- executed claim form to lottery headquarters by 5:00 p.m. of the thirtieth calendar day following the claim form being given or sent to the alternate winner, the alternate winner process shall be repeated until the prize is properly claimed or until such time as no alternate winners remain, whichever occurs first. (f) The Kansas lottery security official present shall review each entry form drawn to determine the validity of the entry into the drawings in accordance with these regulations. If it is a valid entry and the name is legible, the event manager and the security person present shall record the name of the winner and the prize won. Each winner shall be given or sent a prize claim form to be completed and returned to the lottery within 30 calendar days of the drawing. (g) If the entry is determined to be ineligible, it shall be discarded by the security person present and another entry drawn. This procedure will be repeated until valid selections are obtained. (h) Only entry forms as defined by these rules are eligible for the drawing. (i) All entry forms remaining in the drum or receptacle after the winners and alternates have been selected in each drawing, and all entries not received in compliance with these rules, shall be destroyed pursuant to K.A.R. 111-3-34. (Authorized by and implementing K.S.A. 748710; effective, T-111-12-8-10, Nov. 10, 2010.)
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Article 9.PULL-TAB GAMES
Kansas Register
TWO FOR FIV SEV TEN TWF THF FTY HUN THY $2.00 $4.00 $5.00 $7.00 $10.00 $25.00 $35.00 $50.00 $100.00 $250.00
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111-9-170. Sunken Treasure pull tab ticket lottery game number 346. (a) The Kansas lottery shall conduct a pull tab lottery game entitled Sunken Treasure commencing on or after December 1, 2010. The rules for this game are contained in K.A.R. 111-8-1 et seq. and K.A.R. 111-9-170. (b) The price of pull tab tickets sold by a retailer for this game shall be $2.00 each. (c) Approximately 600,000 tickets shall be ordered initially for this pull tab game that shall be packaged in packs of 150 tickets each. The ticket numbers in each pack in this game shall start with 000 and end with 149. Additional ticket orders shall have the same prize structure, the same number of prizes per pool of 300,000 tickets, and the same odds as were contained in the initial ticket order. (d) The play symbols for this game are as follows: Symbol of a treasure chest Symbol of an air tank Symbol of an anchor Symbol of a sea shell Symbol of an octopus Symbol of a fish Symbol of a crab Symbol of a star fish (e) For this game, three play symbols shall appear under each of eight tabs on the back of each ticket. On the front of each ticket shall appear a legend of all winning combinations using the play symbols for this game along with the corresponding prize amount for each combination, as follows: three star fish symbols equal $2.00; three crab symbols equal $5.00; three fish symbols equal $10.00; three octopus symbols equal $25.00; three sea shell symbols equal $50.00; three anchor symbols equal $100.00; three air tank symbols equal $250.00; three treasure chest symbols equal $2,500.00. (f) All tabs on the back of each ticket are to be pulled open. For each combination of three play symbols matching the legend on the front of the ticket, the player wins the prize amount corresponding to each combination as shown in (h) below. All winning combinations shall be within a single window in a horizontal line. (g) The three letters comprising the retailer validation codes used in this game shall appear in three of 24 varying locations among the play symbols. The retailer validation codes for this game and their meanings are as follows:
(h) The number and value of prizes in this game and winning combinations shall be as follows: (See corresponding play symbol values in subsection (e) above.)
$2 $2 + $2 $5 $5 + $2 $10 $5 + $5 $25 $5 + $10 + $10 $5 + $5 + $5 + $5 + $5 $2 + $2 + $2 + $2 + $2 + $5 + $10 $5 + $5 + $5 + $5 + $5 + $5 + $5 $5 + $10 + $10 + $10 $50 $5 + $5 + $5 + $5 + $5 + $25 $100 $250 $2,500 TOTAL
$2 $4 $5 $7 $10 $10 $25 $25 $25 $25 $35 $35 $50 $50 $100 $250 $2,500
82,000 28,120 26,000 16,000 4,000 4,000 1,000 1,100 1,200 1,200 500 500 250 250 100 40 10 166,270
$164,000 112,480 130,000 112,000 40,000 40,000 25,000 27,500 30,000 30,000 17,500 17,500 12,500 12,500 10,000 10,000 25,000 $815,980
(i) Each ticket in this game may have up to seven winning combinations. (j) The overall odds of winning a prize in this game are approximately one in 3.61. (Authorized by K.S.A. 748710; implementing K.S.A. 74-8710 and K.S.A. 74-8720; effective, T-111-12-8-10, Nov. 10, 2010.) Ed Van Petten Executive Director
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AGENCY 1: DEPARTMENT OF ADMINISTRATION Reg. No. 1-2-64 1-2-65 1-7-3 1-7-4 1-7-6 1-7-7 1-7-10 1-7-11 1-7-12 1-14-8 1-16-8 1-16-15 1-16-18 1-16-18a Action New New Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Register V. 28, p. 1338 V. 28, p. 1338 V. 28, p. 1338 V. 28, p. 1338 V. 28, p. 1339 V. 28, p. 1339 V. 28, p. 1339 V. 28, p. 1340 V. 28, p. 1340 V. 28, p. 1341 V. 29, p. 676 V. 29, p. 677 V. 29, p. 677 V. 29, p. 678
1-16-20 1-65-1 1-66-1 1-66-2 1-66-3 1-67-1 1-67-2 1-67-3 1-68-1 1-68-2 Reg. No. 3-3-2 3-3-2 3-4-1
Amended New New New New New New New New New Action Amended (T) Amended Amended
V. 29, p. 680 V. 30, p. 44 V. 30, p. 44 V. 30, p. 45 V. 30, p. 45 V. 30, p. 45 V. 30, p. 45 V. 30, p. 45 V. 30, p. 45 V. 30, p. 46 Register V. 29, p. 702 V. 30, p. 9 V. 28, p. 1716
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3-4-2 3-4-4 3-4-5 3-4-6 3-4-7 Amended Amended Amended Revoked Amended V. 28, p. 1716 V. 28, p. 1716 V. 28, p. 1717 V. 28, p. 1717 V. 28, p. 1717 5-4-1a 5-7-1 5-7-4 5-14-3 5-14-3a 5-17-2 5-20-1 5-20-2 5-22-7 5-25-5 5-25-15
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New Amended Amended Amended New Amended New New Amended Amended Amended Action Amended (T) Amended Amended Revoked Revoked Amended Revoked Amended Revoked Amended Amended New New Action Amended (T) Amended Amended V. 29, p. 1477 V. 29, p. 653 V. 28, p. 1715 V. 28, p. 241 V. 28, p. 242 V. 29, p. 654 V. 28, p. 1317 V. 28, p. 1318 V. 29, p. 596 V. 29, p. 1598 V. 29, p. 654 Register V. 29, p. 1115 V. 29, p. 1281 V. 28, p. 193-195 V. 28, p. 195 V. 28, p. 195 V. 28, p. 195, 196 V. 28, p. 196 V. 28, p. 196 V. 28, p. 196 V. 28, p. 196 V. 28, p. 197 V. 28, p. 197 V. 28, p. 197 Register V. 29, p. 703 V. 29, p. 1336 V. 29, p. 1337 Reg. No. 16-11-1 through 16-11-5 16-11-6 16-11-7 16-11-8
AGENCY 16: KANSAS ATTORNEY GENERAL Action Register
AGENCY 4: DEPARTMENT OF AGRICULTURE Reg. No. 4-3-47 4-6-1 4-6-2 4-7-213 4-7-716 4-10-1 4-10-1a 4-10-1b 4-10-2a through 4-10-2d 4-10-2e 4-10-2f through 4-10-2k 4-10-4 4-10-4a through 4-10-4f 4-10-5a 4-10-6 4-10-6a 4-10-6b 4-10-7 4-10-10 4-10-15 4-10-16 4-10-17 4-13-2 4-13-3 4-13-9 4-13-14 4-13-16 4-13-17 4-13-18 4-13-20 4-13-21 4-13-22 4-13-23 4-13-24 4-13-25 4-13-25b through 4-13-25h 4-13-25i 4-13-25j 4-13-25k 4-13-25l 4-13-25m 4-13-30 4-13-33 4-13-62 4-15-5 4-27-1 through 4-27-22 4-28-1 4-28-2 4-28-8 4-28-11 4-28-12 4-28-18 through 4-28-30 Action Amended (T) Amended Amended Amended Amended Amended New New Revoked Amended Revoked Revoked New Amended Revoked New New Amended New Revoked Amended Revoked Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked Amended Amended Amended Amended Revoked Amended Amended Amended New Amended Amended Amended Amended New Amended Amended Amended Amended Amended New Register V. 30, p. 25 V. 28, p. 1594 V. 28, p. 1594 V. 29, p. 1023 V. 29, p. 1023 V. 29, p. 254 V. 29, p. 255 V. 29, p. 255 V. 29, p. 255 V. 29, p. 255 V. 29, p. 256 V. 29, p. 256 V. 29, p. 256-258 V. 29, p. 258 V. 29, p. 259 V. 29, p. 259 V. 29, p. 259 V. 29, p. 259 V. 29, p. 260 V. 29, p. 260 V. 29, p. 260 V. 29, p. 261 V. 29, p. 69 V. 29, p. 69 V. 29, p. 71 V. 29, p. 71 V. 29, p. 71 V. 29, p. 72 V. 29, p. 72 V. 29, p. 72 V. 29, p. 72 V. 29, p. 72 V. 29, p. 72 V. 29, p. 72 V. 29, p. 1242 V. 29, p. 1243-1245 V. 29, p. 1246 V. 29, p. 1246 V. 29, p. 1246 V. 29, p. 1247 V. 29, p. 1247 V. 29, p. 72 V. 29, p. 73 V. 29, p. 73 V. 28, p. 690 V. 29, p. 706-720 V. 29, p. 720 V. 29, p. 720 V. 29, p. 721 V. 29, p. 722 V. 29, p. 722 V. 29, p. 723-725
V. 29, p. 1813-1815 V. 29, p. 1816 V. 29, p. 1816 V. 29, p. 1816
AGENCY 7: SECRETARY OF STATE Reg. No. 7-16-1 7-16-1 7-41-1 through 7-41-7 7-41-8 7-41-9 7-41-10 through 7-41-17 7-41-18 through 7-41-29 7-41-30 7-41-31 7-41-32 7-41-33 7-41-34 7-41-35 Reg. No. 9-7-4 9-7-4 9-27-1
AGENCY 19: GOVERNMENTAL ETHICS COMMISSION Reg. No. 19-6-1 19-22-1 19-23-1 19-30-4 Reg. No. 22-1-1 22-1-2 22-1-3 22-8-13 22-10-3 22-11-6 22-11-8 22-15-7 22-18-3 22-24-3 Reg. No. 26-39-100 through 26-39-105 26-39-100 26-39-101 26-39-105 26-39-144 26-39-243 26-39-278 26-39-427 26-40-301 through 26-40-305 26-41-101 through 26-41-106 26-41-200 through 26-41-207 26-42-101 26-42-102 26-42-104 26-42-105 26-42-200 through 26-42-207 26-43-101 through 26-43-106 26-43-200 through 26-43-207 Action Amended Amended Amended Revoked Action Amended Amended Amended Amended Amended Revoked Amended Revoked Amended Amended Action Register V. 29, p. 112 V. 30, p. 92 V. 30, p. 92 V. 30, p. 92 Register V. 30, p. 46 V. 30, p. 46 V. 30, p. 46 V. 30, p. 47 V. 30, p. 47 V. 30, p. 48 V. 30, p. 48 V. 30, p. 49 V. 30, p. 49 V. 28, p. 1367 Register
AGENCY 14: DEPARTMENT OF REVENUE DIVISION OF ALCOHOLIC BEVERAGE CONTROL Reg. No. 14-6-2a 14-6-3 14-6-4 14-11-1 14-11-4 14-11-5 14-11-6 14-11-7 14-11-9 14-11-10a 14-11-10b 14-11-10d 14-11-11 14-11-14 14-11-15 14-11-16 14-11-22 14-11-23 through 14-11-29 14-11-27 14-16-25 14-19-27 14-19-38 14-19-39 14-20-29 14-20-40 14-20-41 14-21-12 14-21-21 14-21-22 14-23-2 14-23-5 14-23-8 14-23-10 14-24-1 through 14-24-6 Action Revoked Revoked Amended New New Amended Amended Amended Amended Revoked Revoked Revoked Revoked Revoked Amended Amended New New Revoked New Amended New New Amended New New Amended New New Amended Amended Amended Amended Revoked Register V. 29, p. 1306 V. 29, p. 1306 V. 29, p. 1306 V. 29, p. 1307 V. 29, p. 1307 V. 29, p. 1307 V. 29, p. 1307 V. 29, p. 1307 V. 29, p. 1307 V. 29, p. 1307 V. 29, p. 1308 V. 29, p. 1308 V. 29, p. 1633 V. 29, p. 1308 V. 29, p. 1308 V. 29, p. 1308 V. 29, p. 1633 V. 29, P. 1308-1310 V. 29, p. 1730 V. 29, p. 1310 V. 29, p. 1310 V. 29, p. 1311 V. 29, p. 1311 V. 29, p. 1311 V. 29, p. 1312 V. 29, p. 1312 V. 29, p. 1313 V. 29, p. 1313 V. 29, p. 1313 V. 29, p. 1314 V. 29, p. 1314 V. 29, p. 1314 V. 29, p. 1315 V. 29, p. 1315
AGENCY 5: DEPARTMENT OF AGRICULTUREDIVISION OF WATER RESOURCES Reg. No. 5-1-4 5-1-9 5-3-4a 5-3-23 5-3-23 5-4-1 Action Amended Amended Amended Amended (T) Amended Amended Register V. 29, p. 652 V. 29, p. 653 V. 28, p. 241 V. 29, p. 1338 V. 29, p. 1598 V. 29, p. 1476
AGENCY 28: DEPARTMENT OF HEALTH AND ENVIRONMENT Reg. No. 28-1-27 28-4-92 28-4-92 28-4-370 through 28-4-379 Action New Amended (T) Amended Revoked Register V. 30, p. 111 V. 29, p. 1348 V. 29, p. 1705 V. 29, p. 1024
Vol. 30, No. 10, March 10, 2011
28-4-503 28-4-505 28-4-514 28-4-520 28-4-521 28-4-1200 through 28-4-1218 28-4-1300 through 28-4-1318 28-16-28g 28-17-6 28-17-12 28-19-200a 28-19-202 28-19-325 28-19-350 28-19-517 28-19-712 28-19-712a through 28-19-712d 28-19-713 28-19-713a through 28-19-713d 28-19-720 28-19-728 28-19-728a through 28-19-728f 28-19-735 28-19-750 28-19-750a 28-21-1 28-21-6 28-21-7 28-21-8 28-21-9 28-21-10 28-21-11 28-21-20a 28-21-21a 28-21-22a 28-21-23a 28-21-24a 28-21-25a 28-21-26a 28-21-27a 28-21-28a 28-21-29a 28-21-30a 28-21-31a 28-21-32a 28-21-33a 28-21-34a 28-21-35a 28-21-40a 28-21-41a 28-21-42a 28-21-43a 28-21-44a 28-21-50a 28-21-51a 28-21-52a 28-21-53a 28-21-54a 28-21-55a 28-21-56a 28-21-57a 28-21-58a 28-21-59a 28-21-60a 28-21-61a 28-21-62a 28-21-63 28-21-64 28-21-70a 28-21-71a 28-21-72a 28-21-82 through 28-21-85 28-23-4 Amended Amended Amended New New New New Amended Amended Amended New Amended New Amended Amended New New New New Amended Revoked Revoked Amended Amended Amended Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked V. V. V. V. V. 29, 29, 29, 29, 29, p. p. p. p. p. 1662 1662 1663 1663 1663
Kansas Register
28-23-9 28-23-10 28-23-20 through 28-23-24 28-23-26 through 28-23-32 28-23-34 through 28-23-36 28-23-41 through 28-23-55 28-23-70 28-23-71 28-23-73 28-23-75 28-23-78 through 28-23-80 28-29-501 28-35-135l 28-35-135t 28-35-135w 28-35-175a 28-35-178b 28-35-178e 28-35-178j 28-35-180b 28-35-181a 28-35-181e 28-35-181j 28-35-181m 28-35-181o 28-35-192b 28-35-192c 28-35-192d 28-35-192e 28-35-192g 28-35-194a 28-35-212a 28-35-216a 28-35-225b 28-35-231c 28-35-242 28-35-264 28-35-334 28-35-346 28-35-411 28-36-30 28-36-31 28-36-70 through 28-36-89 28-36-101 through 28-36-109 28-39-145a 28-39-146 28-39-147 28-39-148 28-39-162 28-39-162a 28-39-162b 28-39-162c 28-39-164 through 28-39-168 28-39-240 through 28-39-253 28-39-275 through 28-39-288 28-39-425 through 28-39-436 28-43-1 through 28-43-11 28-45b-1 through 28-45b-28 28-46-1 Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked New Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked Amended Amended Amended Amended Amended Revoked Amended Amended Amended Amended Amended New Amended Amended Amended Amended Amended Amended Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Amended Revoked Revoked Revoked Revoked New Amended V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 727 V. V. V. V. V. 29, 29, 29, 29, 29, p. p. p. p. p. 727 727 727 727 727 28-46-2a 28-46-3 through 28-46-22 28-46-27 28-46-28 28-46-29 28-46-29a 28-46-30 28-46-30a 28-46-30b 28-46-31 28-46-33 28-46-34 28-46-35 28-46-40 28-46-41 28-46-44 28-46-45 28-53-1 through 28-53-5 28-61-1 28-61-2 28-61-5 28-61-8 28-70-4 28-72-1 28-72-1a 28-72-1c 28-72-1d 28-72-1e 28-72-1g 28-72-1h 28-72-1i 28-72-1k 28-72-1l 28-72-1m 28-72-1n 28-72-1o 28-72-1p 28-72-1r 28-72-1s 28-72-1t 28-72-1v 28-72-1x 28-72-2 28-72-3 28-72-4 28-72-4a 28-72-4b 28-72-4c 28-72-5 28-72-6 28-72-6a 28-72-7 28-72-7a 28-72-8 28-72-9 28-72-10 28-72-10a 28-72-11 28-72-12 28-72-13 28-72-14 28-72-15 28-72-16 28-72-17 28-72-18 28-72-18a 28-72-18b 28-72-18c 28-72-18d 28-72-18e 28-72-19 28-72-20 28-72-21 28-72-22 28-72-51 28-72-52 28-72-53 28-73-1 Amended Amended Amended Amended Amended New Amended New New Amended Amended Amended Amended Amended Amended Amended New Amended Amended Amended Amended Amended New Revoked New New New New New New New New New New New New New New New New New New Amended Amended Amended Amended Revoked Amended Amended Amended New Amended New Amended Amended Amended New Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended
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V. 29, p. 1138 V. 29, p. 1139-1141 V. 29, p. 1141 V. 29, p. 1141 V. 29, p. 1141 V. 29, p. 1142 V. 29, p. 1142 V. 29, p. 1142 V. 29, p. 1144 V. 29, p. 1144 V. 29, p. 1144 V. 29, p. 1145 V. 29, p. 1145 V. 29, p. 1145 V. 29, p. 1145 V. 29, p. 1145 V. 29, p. 1145 V. 28, p. 240, 241 V. 29, p. 419 V. 29, p. 419 V. 29, p. 420 V. 29, p. 422 V. 28, p. 800 V. 29, p. 357 V. 29, p. 357 V. 29, p. 357 V. 29, p. 358 V. 29, p. 358 V. 29, p. 358 V. 29, p. 358 V. 29, p. 359 V. 29, p. 359 V. 29, p. 359 V. 29, p. 360 V. 29, p. 360 V. 29, p. 360 V. 29, p. 360 V. 29, p. 361 V. 29, p. 361 V. 29, p. 361 V. 29, p. 361 V. 29, p. 361 V. 29, p. 361 V. 29, p. 362 V. 29, p. 362 V. 29, p. 366 V. 29, p. 368 V. 29, p. 368 V. 29, p. 369 V. 29, p. 370 V. 29, p. 371 V. 29, p. 373 V. 29, p. 373 V. 29, p. 374 V. 29, p. 375 V. 29, p. 376 V. 29, p. 377 V. 29, p. 378 V. 29, p. 378 V. 29, p. 379 V. 29, p. 379 V. 29, p. 380 V. 29, p. 380 V. 29, p. 381 V. 29, p. 382 V. 29, p. 383 V. 29, p. 384 V. 29, p. 384 V. 29, p. 385 V. 29, p. 386 V. 29, p. 387 V. 29, p. 387 V. 29, p. 387 V. 29, p. 388 V. 29, p. 388 V. 29, p. 389 V. 29, p. 389 V. 28, p. 74
V. 28, p. 1426-1437 V. 29, p. 1024-1032 V. 29, p. 181 V. 28, p. 1809 V. 28, p. 1809 V. 29, p. 1634 V. 29, p. 1509 V. 29, p. 1634 V. 29, p. 1635 V. 29, p. 1510 V. 29, p. 866 V. 29, p. 867 V. 29, p. 867 V. 29, p. 867, 868 V. 29, p. 1510 V. 29, p. 1511 V. 29, p. 1511 V. 29, p. 1511 V. 29, p. 1511 V. 29, p. 1511 V. 29, p. 725 V. 29, p. 725 V. 29, p. 725 V. 29, p. 725 V. 29, p. 725 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726
V. 29, p. 727 V. 28, p. 1809 V. 30, p. 195 V. 30, p. 196 V. 30, p. 197 V. 30, p. 198 V. 30, p. 198 V. 30, p. 200 V. 30, p. 201 V. 30, p. 201 V. 30, p. 203 V. 30, p. 203 V. 30, p. 203 V. 30, p. 204 V. 30, p. 205 V. 30, p. 206 V. 30, p. 206 V. 30, p. 207 V. 30, p. 207 V. 30, p. 207 V. 30, p. 207 V. 30, p. 208 V. 30, p. 209 V. 30, p. 210 V. 30, p. 210 V. 30, p. 210 V. 30, P. 210 V. 30, p. 211 V. 30, p. 212 V. 30, p. 212 V. 29, p. 727 V. 29, p. 727 V. 29, p. 727 V. 29, p. 727 V. 28, p. 623 V. 28, p. 623 V. 28, p. 623 V. 28, p. 623 V. 29, p. 1777 V. 29, p. 1777 V. 29, p. 1777 V. 29, p. 1777 V. 28, p. 798-800 V. 28, p. 672 V. 28, p. 672 V. 28, p. 672 V. 29, p. 1137 V. 28, p. 973-988 V. 29, p. 1138
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60-9-105 60-9-107 60-11-101 through 60-11-105 60-11-107 60-13-103 60-13-104 60-15-101 60-15-102 60-15-104 60-16-105 Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked V. 28, p. 197 V. 28, p. 198 V. 28, p. 1252-1254 V. 28, p. 1254 V. 28, p. 200 V. 28, p. 200 V. 28, p. 200 V. 28, p. 201 V. 28, p. 202 V. 29, p. 1115 71-11-1 Reg. No. 74-4-7 74-4-8 74-4-9 74-5-2 74-5-2a 74-5-101 74-5-102 74-5-103 74-5-201 74-5-202 74-5-203 74-5-301 74-5-302 74-5-401 74-5-403 74-5-405a 74-5-406 74-6-2 74-7-4 74-11-6 74-11-7 74-12-1 74-15-2
New Action Amended Amended Amended Amended New Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked V. 28, p. 1187 Register V. 28, p. 643 V. 29, p. 1636 V. 29, p. 1638 V. 29, p. 1638 V. 28, p. 646 V. 29, p. 1639 V. 28, p. 646 V. 28, p. 646 V. 28, p. 646 V. 29, p. 1639 V. 29, p. 1639 V. 28, p. 647 V. 28, p. 647 V. 28, p. 647 V. 28, p. 647 V. 28, p. 647 V. 28, p. 647 V. 29, p. 1640 V. 28, p. 648 V. 29, p. 1640 V. 29, p. 1640 V. 29, p. 1641 V. 29, p. 1641 AGENCY 74: BOARD OF ACCOUNTANCY
AGENCY 67: BOARD OF EXAMINERS IN THE FITTING AND DISPENSING OF HEARING INSTRUMENTS Reg. No. 67-3-5 Action New Action Amended New Amended Amended Amended Amended Amended New Amended New Amended Amended New New Action Amended (T) Amended Action Register V. 28, p. 1187 Register V. 29, p. 465 V. 28, p. 1491 V. 28, p. 1491 V. 28, p. 1765 V. 28, p. 1491 V. 29, p. 1053 V. 28, p. 1492 V. 29, p. 465 V. 28, p. 342 V. 28, p. 342 V. 29, p. 466 V. 28, p. 1561 V. 28, p. 192 V. 29, p. 1417-1420 Register V. 28, p. 923 V. 28, p. 298 Register
AGENCY 82: STATE CORPORATION COMMISSION Reg. No. 82-1-219 82-3-101a 82-3-311a 82-3-1100 through 82-3-1120 82-4-2 82-4-3a through 82-4-3d 82-4-3a 82-4-3d 82-4-3e 82-4-3f through 82-4-3m 82-4-3f 82-4-3n 82-4-3o 82-4-6a 82-4-8h 82-4-20 82-4-21 82-4-22 82-4-23 82-4-24a 82-4-26 82-4-26a 82-4-27 82-4-27a 82-4-27c 82-4-27e 82-4-28 Action Amended New New New Amended Amended Amended Amended Revoked Amended Amended New New Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked Register V. 29, p. 1099 V. 29, p. 1508 V. 29, p. 181 V. 29, p. 182-190 V. 29, p. 1443 V. 28, p. 1373-1385 V. 29, p. 1443 V. 29, p. 1444 V. 28, p. 1386 V. 28, p. 1386-1397 V. 29, p. 1390 V. 29, p. 1444 V. 29, p. 1445 V. 29, p. 1446 V. 29, p. 1446 V. 28, p. 1397 V. 29, p. 1446 V. 29, p. 1446 V. 29, p. 1447 V. 29, p. 1447 V. 29, p. 1447 V. 29, p. 1447 V. 29, p. 1447 V. 29, p. 1448 V. 29, p. 1448 V. 29, p. 1449 V. 29, p. 1449
AGENCY 68: BOARD OF PHARMACY Reg. No. 68-1-1b 68-1-1h 68-1-3a 68-2-20 68-2-22 68-7-11 68-7-14 68-7-21 68-16-3 68-19-1 68-20-10a 68-20-16 68-20-23 68-21-1 through 68-21-7 Reg. No. 69-3-8 69-11-1 Reg. No. 71-5-1 through 71-5-6 71-5-7 through 71-5-13
New
V. 29, p. 675, 676
AGENCY 51: DEPARTMENT OF LABOR DIVISION OF WORKERS COMPENSATION Reg. No. 51-9-7 Reg. No. 60-2-105 60-2-106 Action Amended Action Amended Amended Register V. 29, p. 1508 Register V. 28, p. 197 V. 28, p. 197
Revoked New
V. 29, p. 1593 V. 29, p. 1593-1597
Vol. 30, No. 10, March 10, 2011
82-4-28a 82-4-28b 82-4-30a 82-4-30a 82-4-31 82-4-32 82-4-33 82-4-35 82-4-35a 82-4-37 82-4-40 82-4-42 82-4-48 82-4-48a 82-4-53 82-4-54 82-4-55 82-4-56a 82-4-57 82-4-58 82-4-62 82-4-63 82-4-65 82-4-77 82-11-4 82-11-10 82-14-1 through 82-14-5 82-14-6 82-16-1 through 82-16-6 82-17-1 through 82-17-5 Revoked Revoked Amended (T) Amended Revoked Amended Amended Amended Amended Revoked Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked Amended Amended Amended Amended Amended Amended New New New V. 29, p. 1449 V. 29, p. 1449 V. 29, p. 702 V. 29, p. 1392 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1451 V. 29, p. 1451 V. 29, p. 1451 V. 29, p. 1452 V. 29, p. 1452 V. 29, p. 1452 V. 29, p. 1453 V. 29, p. 1453 V. 29, p. 1453 V. 29, p. 1453 V. 29, p. 1453 V. 29, p. 1454 V. 28, p. 917 V. 28, p. 922 V. 28, p. 967-971 V. 28, p. 972 V. 29, p. 1598-1601 V. 29, p. 1136, 1137
Kansas Register
AGENCY 92: DEPARTMENT OF REVENUE Reg. No. 92-12-145 92-24-23 92-26-1 92-26-4 92-28-1 through 92-28-4 92-51-25a Reg. No. 94-2-1 through 94-2-21 94-5-1 through 94-5-25 Action Amended Amended Amended Amended New New Action Register V. 28, p. 604 V. 29, p. 1633 V. 28, p. 170 V. 28, p. 170 V. 28, p. 113 V. 29, p. 1281 Register 100-72-7 100-73-1 100-73-1 100-73-2 Amended Amended (T) Amended Amended
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V. 28, p. 273 V. 28, p. 923 V. 28, p. 1282 V. 29, p. 598
Revoked New
V. 29, p. 1478, 1479 V. 29, p. 1479-1485
AGENCY 84: PUBLIC EMPLOYEE RELATIONS BOARD Reg. No. 84-2-1 Reg. No. 88-24-1 88-28-1 88-28-6 88-29-1 88-29-1 88-29-4 88-29-4 88-29-5 88-29-5 88-29-7 88-29-7 88-29-8 88-29-8 88-29-8a 88-29-8a 88-29-8b 88-29-8b 88-29-9 88-29-9 88-29-11 88-29-11 88-29-12 88-29-12 88-29-18 88-29-18 88-29-19 88-29-19 88-30-1 Action Amended Action Amended Amended Amended Amended (T) Amended Amended (T) Amended Amended (T) Amended Amended (T) Amended Amended (T) Amended New (T) New New (T) New Amended (T) Amended Amended (T) Amended Amended (T) Amended Amended (T) Amended Amended (T) Amended Amended Register V. 28, p. 872 Register V. 29, p. 1415 V. 30, p. 193 V. 29, p. 408 V. 28, p. 1101 V. 28, p. 1561 V. 28, p. 1102 V. 28, p. 1562 V. 28, p. 1103 V. 28, p. 1563 V. 28, p. 1103 V. 28, p. 1563 V. 28, p. 1103 V. 28, p. 1563 V. 28, p. 1103 V. 28, p. 1563 V. 28, p. 1104 V. 28, p. 1564 V. 28, p. 1104 V. 28, p. 1564 V. 28, p. 1105 V. 28, p. 1565 V. 28, p. 1106 V. 28, p. 1566 V. 28, p. 1107 V. 28, p. 1567 V. 28, p. 1108 V. 28, p. 1568 V. 30, p. 194
AGENCY 109: BOARD OF EMERGENCY MEDICAL SERVICES Reg. No. 109-1-1a 109-2-9 109-3-1 109-5-1 109-5-1a 109-5-1b 109-5-1d 109-5-1e 109-5-1f 109-5-2 109-5-3 109-5-4 109-5-6 109-5-7a 109-5-7b 109-5-7d 109-6-1 109-6-2 109-6-3 109-8-1 109-10-1a 109-10-1b 109-10-1d 109-10-1e 109-10-1f 109-10-1g 109-10-6 109-10-7 109-11-1 109-11-1a 109-11-3 Action New (T) Amended Amended Amended (T) New (T) New (T) New (T) New (T) New (T) Amended Amended Revoked New New (T) New (T) New (T) Amended Amended Revoked Amended (T) New (T) New (T) New (T) New (T) New (T) New (T) Amended (T) New Amended New (T) Amended Register V. 30, p. 138 V. 28, p. 1030 V. 28, p. 1030 V. 30, p. 138 V. 30, p. 139 V. 30, p. 139 V. 30, p. 139 V. 30, p. 139 V. 30, p. 139 V. 28, p. 574 V. 29, p. 1282 V. 29, p. 113 V. 28, p. 575 V. 30, p. 139 V. 30, p. 140 V. 30, p. 141 V. 29, p. 113 V. 29, p. 113 V. 28, p. 575 V. 30, p. 141 V. 30, p. 141 V. 30, p. 142 V. 30, p. 142 V. 30, p. 142 V. 30, p. 142 V. 30, p. 142 V. 30, p. 143 V. 29, p. 113 V. 29, p. 1283 V. 30, p. 143 V. 29, p. 1284
AGENCY 99: DEPARTMENT OF AGRICULTUREDIVISION OF WEIGHTS AND MEASURES Reg. No. 99-25-1 99-25-5 99-25-12 99-26-1 Reg. No. 100-11-1 100-28a-1 100-28a-2 100-28a-10 100-29-1 100-29-3a 100-29-16 100-49-4 100-54-1 100-54-8 100-55-1 100-55-7 100-55-9 100-69-10 100-69-12 100-72-1 100-72-2 Action Amended Amended New Amended Action Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended New Amended Amended Register V. 29, p. 1242 V. 29, p. 1242 V. 29, p. 1242 V. 28, p. 522 Register V. 29, p. 650 V. 28, p. 112 V. 28, p. 1736 V. 28, p. 572 V. 29, p. 598 V. 28, p. 1737 V. 28, p. 1060 V. 29, p. 651 V. 28, p. 1594 V. 28, p. 1595 V. 29, p. 704 V. 29, p. 651 V. 28, p. 572 V. 28, p. 572 V. 29, p. 704 V. 28, p. 112 V. 29, p. 705
AGENCY 91: DEPARTMENT OF EDUCATION Reg. No. 91-1-200 91-1-202 91-1-203 91-1-204 91-1-205 91-1-216 91-40-1 91-40-27 Action Amended Amended Amended Amended Amended Amended Amended Amended Register V. V. V. V. V. V. V. V. 28, 28, 28, 28, 28, 28, 29, 29, p. p. p. p. p. p. p. p. 1222 1223 1225 1229 1232 1233 1093 1098
(continued)
Vol. 30, No. 10, March 10, 2011
266
109-11-3a 109-11-4 109-11-6 109-11-6a 109-15-1 109-15-2 Reg. No. 110-4-1 through 110-4-5 New (T) Amended Amended New (T) New Amended Action V. 30, p. 144 V. 29, p. 1284 V. 29, p. 1285 V. 30, p. 144 V. 28, p. 575 V. 29, p. 1285 Register
Kansas Register
111-5-180 through 111-5-194 111-5-181 111-5-184 111-5-186 111-5-194 111-9-162 111-9-163 111-9-164 111-9-165 111-9-166 111-9-167 111-9-168 111-9-169 111-201-1 through 111-201-17 111-301-1 through 111-301-6 111-302-1 through 111-302-6 111-303-1 through 111-303-5 111-304-1 through 111-304-6 111-305-1 through 111-305-6 111-306-1 through 111-306-6 111-306-4 111-306-6 111-307-1 through 111-307-7 111-308-1 through 111-308-7 111-309-1 through 111-309-6 111-310-1 through 111-310-6 111-311-1 through 111-311-7 New Amended Amended Amended Amended New New New New New New New New New New New New New New New Amended Amended New New New New New V. 29, p. 222-228 V. 29, p. 1522 V. 29, p. 1523 V. 29, p. 1524 V. 29, p. 1525 V. 29, p. 229 V. 29, p. 229 V. 29, p. 230 V. 29, p. 769 V. 29, p. 1184 V. 29, p. 1526 V. 29, p. 1526 V. 29, p. 1527 V. 29, p. 73-79 V. 29, p. 79, 80 V. 29, p. 82-86 V. 29, p. 87-89 V. 29, p. 89-91 V. 29, p. 474, 475 V. 29, p. 1185-1187 V. 29, p.1260 V. 29, p. 1219 V. 29, p. 1189-1191 V. 29, p. 1261-1263 V. 29, p. 1528-1530 V. 29, p. 1530-1532 V. 29, p. 1532-1535 112-107-34 112-108-1 through 112-108-57 112-110-1 through 112-110-13 112-111-1 through 112-111-5 112-113-1 112-114-1 through 112-114-6 112-114-8 through 112-114-12 112-114-14
New New New New New New New New V. 28, p. 441 V. 28, p. 1766-1788 V. 28, p. 464-470 V. 28, 470-472 V. 28, p. 382 V. 28, p. 472 V. 28, p. 472, 473 V. 28, p. 473
Amended
V. 30, p. 25-27
AGENCY 111: KANSAS LOTTERY A complete index listing all regulations filed by the Kansas Lottery from 1988 through 2000 can be found in the Vol. 19, No. 52, December 28, 2000 Kansas Register. A list of regulations filed from 2001 through 2003 can be found in the Vol. 22, No. 52, December 25, 2003 Kansas Register. A list of regulations filed from 2004 through 2005 can be found in the Vol. 24, No. 52, December 29, 2005 Kansas Register. A list of regulations filed from 2006 through 2007 can be found in the Vol. 26, No. 52, December 27, 2007 Kansas Register. A list of regulations filed from 2008 through November 2009 can be found in the Vol. 28, No. 53, December 31, 2009 Kansas Register. The following regulations were filed after December 1, 2009: Reg. No. 111-2-30 111-2-232 111-2-233 111-2-234 111-2-235 through 111-2-240 111-2-241 111-2-242 111-2-243 through 111-2-248 111-4-2899 through 111-4-2907 111-4-2908 through 111-4-2911 111-4-2911a 111-4-2912 through 111-4-2923 111-4-2924 through 111-4-2930 111-4-2931 through 111-4-2938 111-4-2939 through 111-4-2948 111-4-2949 through 111-4-2984 111-4-2949 through 111-4-2984 111-4-2985 through 111-4-2988 111-4-2989 111-4-2990 111-4-2991 111-4-2992 through 111-4-3011 111-4-3012 through 111-4-3022 111-5-175 through 111-5-179 Action Amended Amended Amended New New New New New New New New New New New New New New New New New New New New New Register V. V. V. V. 29, 29, 29, 29, p. p. p. p. 215 215 215 746
AGENCY 115: DEPARTMENT OF WILDLIFE AND PARKS Reg. No. 115-2-1 115-2-3 115-2-3a 115-4-2 115-4-4 115-4-4a 115-4-6 115-4-11 115-5-1 115-5-2 115-6-1 115-7-1 115-7-3 115-7-8 115-7-9 115-7-10 115-8-1 115-8-6 115-15-1 115-15-2 115-18-7 115-18-20 115-20-7 Action Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked Amended New Amended Amended Amended Amended Amended Amended New Register V. 29, p. 1602 V. 29, p. 1603 V. 29, p. 1603 V. 29, p. 408 V. 29, p. 658 V. 29, p. 659 V. 29, p. 409 V. 29, p. 67 V. 28, p. 1250 V. 28, p. 1251 V. 28, p. 1251 V. 29, p. 1606 V. 28, p. 1599 V. 29, p. 1607 V. 29, p. 1607 V. 28, p. 1600 V. 29, p. 1092 V. 28, p. 1600 V. 28, p. 1079 V. 28, p. 1080 V. 29, p. 659 V. 29, p. 1608 V. 29, p. 659
V. 29, p. 1214, 1215 V. 29, p. 1247 V. 29, p. 1247 V. 29, p. 1512, 1513 V. 29, p. 9-14 V. 29, p. 149-152 V. 29, p. 152 V. 29, p. 153-157 V. 29, p. 216-222 V. 29, p. 467-473 V. 29, p. 569-575 V. 29, p. 746-769 V. 29, p. 746-769 V. 29, p. 1180-1183 V. 29, p. 1216 V. 29, p. 1217 V. 29, p. 1218 V. 29, p. 1248-1259 V. 29, p. 1513-1522 V. 29, p. 157-159
AGENCY 117: REAL ESTATE APPRAISAL BOARD Reg. No. 117-1-1 117-2-1 117-2-2 117-2-2a 117-3-1 117-3-2 117-3-2a 117-4-1 117-4-2 117-4-2a 117-5-2 117-5-2a 117-6-1 117-6-3 117-7-1 117-8-1 117-10-1 Action Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended New Register V. 28, p. 373 V. 29, p. 412 V. 29, p. 413 V. 28, p. 373 V. 29, p. 414 V. 29, p. 415 V. 28, p. 373 V. 29, p. 416 V. 29, p. 417 V. 28, p. 374 V. 28, p. 374 V. 28, p. 375 V. 29, p. 656 V. 29, p. 656 V. 30, p. 92 V. 29, p. 418 V. 28, p. 375
AGENCY 112: RACING AND GAMING COMMISSION Reg. No. 112-12-15 112-13-6 112-101-1 through 112-101-16 112-102-1 through 112-102-13 112-103-1 through 112-103-12 112-103-15 112-103-16 112-104-34 through 112-104-41 112-107-1 112-107-2 112-107-3 112-107-5 112-107-6 112-107-7 112-107-9 112-107-10 112-107-11 112-107-13 through 112-107-32 Action New New New New New New New New New New New New New New New New New New Register V. 28, p. 797 V. 28, p. 376 V. 28, p. 376-379 V. 28, p. 1161-1163 V. 28, p. 376-382 V. 28, p. 382 V. 28, p. 382 V. 28, p. 1457-1459 V. 28, p. 424 V. 28, p. 424 V. 28, p. 424 V. 28, p. 428 V. 28, p. 428 V. 28, p. 428 V. 28, p. 429 V. 28, p. 429 V. 28, p. 430 V. 28, p. 430-440
Vol. 30, No. 10, March 10, 2011
Kansas Register
129-5-118b 129-10-31 Amended New V. 29, p. 296 V. 30, p. 92 AGENCY 130: HOME INSPECTORS REGISTRATION BOARD Reg. No. 130-1-1 130-1-2 130-1-2 130-1-3 130-1-3 130-1-4 130-1-5 Action New New (T) New New (T) New Amended New Register V. 28, p. 1737 V. 29, p. 38 V. 29, p. 567 V. 29, p. 38 V. 29, p. 567 V. 29, p. 567 V. 28, p. 1738 130-2-1 130-3-1 130-3-1 130-4-1 130-4-1 130-4-2 130-4-2 130-5-2 New New (T) New New (T) New New (T) New New
267
V. 28, p. 1738 V. 29, p. 38 V. 29, p. 568 V. 29, p. 39 V. 29, p. 794 V. 29, p. 39 V. 29, p. 794 V. 29, p. 569
AGENCY 129: KANSAS HEALTH POLICY AUTHORITY Reg. No. 129-5-78 129-5-118 129-5-118a Action Amended Amended New Register V. 28, p. 1464 V. 29, p. 293 V. 29, p. 294
AGENCY 131: COMMITTEE ON SURETY BONDS AND INSURANCE Reg. No. 131-1-1 Action New Register V. 30, p. 195
Vol. 30, No. 10, March 10, 2011
Kansas Register
In this issue . . .
Page
State Conservation Commission Notices to contractors ................................................................................................................. 270 Kansas Board of Regents Universities Notice to bidders ........................................................................................................................ 271 Pooled Money Investment Board Notice of investment rates........................................................................................................... 271 Office of the Governor Executive Order 11-04, directing and ordering all non-Regents human resource directors and staff performing human resource functions of all state agencies, departments, or other entities under the governors jurisdiction to report directly to the Director of the Division of Personnel Services................................................................. 271 Executive Order 11-05, appointing The Adjutant General of Kansas as the Homeland Security Advisor of the State of Kansas................................................................... 272 Notices of available grant funding........................................................................................ 272, 273 Board of Emergency Medical Services Notice of meetings...................................................................................................................... 273 Department of AdministrationDivision of Purchases Notice to bidders for state purchases ........................................................................................... 273 Kansas Department of Commerce Request for comments on the Workforce Investment Act and Wagner-Peyser Act programs .......... 274 City of Andale Notice of intent to seek private placement of general obligation bonds.......................................... 274 City of Douglass Notice of intent to seek private placement of general obligation bonds.......................................... 274 State Corporation Commission Notice of hearing on proposed administrative regulations ............................................................ 274 Kansas Department on Aging Notice of hearing on proposed administrative regulations ............................................................ 275 Legislative bills and resolutions introduced March 3-9 ................................................................... 276 Department of Health and Environment Notice concerning water pollution control permits/applications .................................................... 278 Request for comments on proposed municipal solid waste transfer station permit ......................... 280 New State Laws House Bill 2033, relating to motor vehicles; concerning the registration of fleet motor vehicles ...... 280 Permanent Administrative Regulations Department of Revenue .............................................................................................................. 280 Racing and Gaming Commission................................................................................................. 290 Index to administrative regulations ................................................................................................ 316
270
State of Kansas
Kansas Register
State of Kansas
Notices

Notice to Contractors Sealed bids for detention dam Site 101 rehabilitation in Lyon County will be received by the Allen Creek Watershed District No. 89 at the office of R.H.K. Enterprises, Inc., 501 Main St., Admire, 66830, (620) 528-3710, until 10 a.m. March 30 and then opened. Bids may be delivered just prior to opening at the place of opening. A site showing will be held at 10 a.m. March 23; in case of inclement weather, an alternate showing will be held at 10 a.m. March 25. A copy of the invitation for bids and the rehabilitation plans and specifications can be reviewed at the site showing or obtained from the office of R.H.K. Enterprises, Inc. The Notice to Proceed is expected to be issued upon signing of contracts. Greg A. Foley Executive Director
Doc. No. 039213

Notice to Contractors Sealed bids for the construction of a 47,000 cubic yard detention dam, Site 255 in Morris County, will be received by the Rock Creek Watershed Joint District No. 84 at the office of Darrel Bryant, 223 Main St., Council Grove, 66846 (no telephone available). Bids will be received until 5 p.m. April 7 at King CO Services, 24400 M Road, Holton, 66436. Bid opening will be at 8 p.m. (sharp) at the office of Darrel Bryant, 223 Main St., Council Grove. A copy of the invitation for bids and the plans and specifications can be reviewed at and obtained from the King CO Services, (785) 364-7480. A $50 nonrefundable deposit will be required for each set of plans requested (make checks payable to Rock Creek Watershed Joint District No. 84). Greg A. Foley Executive Director
Doc. No. 039219
Vol. 30, No. 11, March 17, 2011
Notices/Executive Order
State of Kansas
Kansas Register
State of Kansas
271


Doc. No. 039211
State of Kansas

Executive Order 11-04 WHEREAS, there is a need to establish and increase efficiency, uniformity, and fairness in employment policies, procedures, and practices within the Executive Branch of state government; and WHEREAS, the Division of Personnel Services within the Department of Administration is best positioned to establish such policies, procedures, and practices; and WHEREAS, non-Regents Executive Branch human resource directors and staff performing human resource functions are best positioned to implement and carry out such policies, procedures, and practices. NOW, THEREFORE, pursuant to the authority vested in me as Governor of the State of Kansas, I hereby direct and order that all non-Regents human resource directors and staff performing human resource functions of all state agencies, departments, or other entities under my jurisdiction shall report directly to the Director of the Division of Personnel Services. Furthermore, the Division of Personnel Services is directed to establish uniform employment policies, procedures, and practices and to cause such policies, procedures, and practices to be implemented by the human resource directors and staff performing human resource functions for the various agencies, departments and other non-Regents entities of the Executive Branch of state government. This document shall be filed with the Secretary of State as Executive Order No. 11-04 and shall become effective immediately. IT IS SO ORDERED. Dated March 3, 2011. Sam Brownback Governor
Doc. No. 039214
Doc. No. 038494
Vol. 30, No. 11, March 17, 2011
272
State of Kansas
Kansas Register
IT IS SO ORDERED. Dated March 3, 2011.
Executive Order/Notice

Executive Order 11-05 WHEREAS, the safety and health of every Kansan is of paramount importance; and WHEREAS, it is clear that Kansas must remain vigilant and focused in addressing the threat that terrorism poses to the safety and health of our citizens and visitors; and WHEREAS, as the states chief executive and commander-in-chief, it is the Governors responsibility to protect the citizens of Kansas from threats and acts of terrorism and to promote initiatives to increase the homeland security of the State of Kansas; and WHEREAS, it is necessary to take appropriate measures to detect, prevent, prepare for, protect against, and respond to acts of terrorism or threats of terrorism to the person or property of the citizens of the State of Kansas and to maintain peace, tranquility, and good order in the State; and WHEREAS, it is critical that the Governor be continuously apprised of homeland security related issues, consult regularly in a coordinated fashion with public safety and health officials and other private entities, and be provided the most accurate and reliable information and advice available to ensure that all relevant factors are appropriately weighed in the development and implementation of effective and coordinated homeland security measures; and WHEREAS, the State of Kansas should continue to coordinate and communicate with the United States Department of Homeland Security in the development, coordination, and implementation of comprehensive policies, programs, and initiatives designed to secure the United States and the State of Kansas from terrorist threats and attacks. NOW, THEREFORE, pursuant to the authority vested in me as Governor of the State of Kansas, I hereby appoint The Adjutant General of Kansas as the Homeland Security Advisor of the State of Kansas. The Homeland Security Advisor will provide direct counsel and advice to the Governor on all matters related to homeland security and serve as the Governors personal representative, agent, and liaison to the United States Department of Homeland Security and all other governmental and private entities in Kansas involved in homeland security issues. The Homeland Security Advisor is responsible for all homeland security matters within the State of Kansas and shall serve as Director of the Kansas Office of Homeland Security. The Kansas Office of Homeland Security, under the supervision of the Homeland Security Advisor, is hereby appointed the State Administrative Agency for the administration of homeland security grants and funds. As Homeland Security Advisor and Director of the Kansas Office of Homeland Security, the Adjutant General is specifically charged with ensuring the most efficient and cost effective use of all public and private resources in the execution of these duties. This document shall be filed with the Secretary of State as Executive Order No. 11-05 and shall become effective immediately.
Sam Brownback Governor

Doc. No. 039215
State of Kansas

Notice of Available Grant Funding The President signed into law the Federal American Recovery and Reinvestment Act (the Recovery Act) of 2009 (Public Law 111-5). The Kansas Criminal Justice Coordinating Council (KCJCC) establishes the guidelines, in accordance with the federal requirements, for the Federal Recovery Act Edward Byrne Memorial Justice Assistance Grant (Recovery Act-JAG). The Recovery Act-JAG program is authorized by 42 U.S.C. 3750-3758. The Recovery Act-JAG Program Guidelines eligibility criteria must be met by all organizations that receive Recovery Act-JAG funds. These grant funds are awarded to units of state and local government; Native American Tribes; and nonprofit, community or faith-based organizations. Funds from this grant program will be used to hire and retain criminal justice personnel, as well as to support other strategies that create and preserve jobs and promote economic growth by improving the effectiveness and efficiency of criminal justice systems, processes and procedures. To receive grant funds to retain positions, there must be written documentation that demonstrates the positions would otherwise be eliminated due to budget cuts. The primary use of Recovery Act-JAG is to support the following purpose areas: (1) law enforcement programs; (2) prosecution and court programs; (3) prevention and education programs; (4) corrections and community corrections programs; (5) drug treatment and enforcement programs; (6) planning, evaluation and technology improvement programs; and (7) crime victim and witness programs. All grant awards are subject to the availability of appropriated funds and any modifications or additional requirements that may be imposed by law. Applicants should be aware that grant funds under the Recovery Act-JAG is a one-time grant award and should propose grant project activities that can be accomplished without additional funding. Approximately $1,000,000 is available for distribution during state fiscal year 2012. Applications must be submitted via the Grant Portal by 11:59 p.m. May 2. A copy of the application may be attained at https://governor.ks.gov/serving-kansans/grant programs/grant opportunities/edward-j-byrne-memorial -justice-assistance-grant or by contacting the Governors Grants Program at (785) 291-3205. Juliene Maska, Administrator Governors Grants Program
Doc. No. 039224
Vol. 30, No. 11, March 17, 2011
Meetings/Notices
State of Kansas
Kansas Register
State of Kansas
273

Notice of Meetings The Board of Emergency Medical Services will meet at 9 a.m. Friday, April 1, in Room 106 of the Landon State Office Building, 900 S.W. Jackson, Topeka. Meetings for the Planning and Operations Committee, the Education, Examination, Certification and Training Committee, the Executive Committee and the Investigations Committee will be held starting at 9 a.m. Thursday, March 31, at the same location. Items on the agenda for the board meeting can be found on the boards Web site at http://www. ksbems.org. All meetings of the board are open to the public. For more information, contact the executive director, Room 1031, Landon State Office Building, 900 S.W. Jackson, Topeka, 66612-1228, (785) 296-7296. Steven Sutton Executive Director
Doc. No. 039221

03/25/2011 03/29/2011 03/29/2011 03/30/2011 03/30/2011 EVT0000489 EVT0000482 EVT0000484 EVT0000491 EVT0000492 Vending Services Thomas & Gove Counties Tractor Rental Northeast Kansas Earthmoving Services Hillsdale State Park Abandoned Well Plugging Bause (Gardner) Lease Miami County Abandoned Well Plugging Grimes-Baum Lease Miami County Vehicle Modification Service Labor & Materials to Construct Boat Ramp Walnut River Labor & Materials for Noxious Weed and Misc. Spraying Treatment DA A3 Labor & Materials for Noxious Weed and Misc. Spraying Treatment D4 A2 Cable/Satellite Service Operator Services Materials for Radio Tower Lighting System Autism Spectrum Level of Care Assessment
03/31/2011 EVT0000481 03/31/2011 EVT0000488 03/31/2011 03/31/2011 EVT0000497 EVT0000499
State of Kansas

Notice of Available Grant Funding The Kansas Criminal Justice Coordinating Council (KCJCC) establishes the guidelines for the Federal Edward Byrne Memorial Justice Assistance Grant (JAG). The JAG program is authorized by Federal Law 42 U.S.C. 3250. The KCJCC and the Federal JAG Program Guidelines establish eligibility criteria that must be met by all organizations that receive JAG funds. These grant funds are awarded to units of state and local government; Native American Tribes; and nonprofit, community and faith-based organizations. The primary use of JAG is to support the following purpose areas: (1) law enforcement programs; (2) prosecution and court programs; (3) prevention and education programs; (4) corrections and community corrections programs; (5) drug treatment programs; (6) planning, evaluation and technology improvement programs; and (7) crime victim and witness programs. Grant funds must be requested within one or more of the seven purpose areas. Since this grant is competitive, there is a yearly application process with no guarantee of continued funding. In distributing grant funds, priority will be given to applicants who are not eligible to apply directly to the Federal Bureau of Justice Assistance for JAG funding. The JAG application is due by 11:59 p.m. May 2 on the grant portal. A copy of the application may be obtained at https://governor.ks.gov/serving-kansans/grantprograms /grant opportunities/edward-j-byrne-memorial-justiceassistance-grant or by contacting the Governors Grants Program at (785) 291-3205. Juliene Maska, Administrator Governors Grants Program
Doc. No. 039223
04/04/2011 EVT0000465 04/04/2011 EVT0000472 04/04/2011 EVT0000495 04/20/2011 EVT0000494
03/31/2011 04/06/2011 A-011623 Third Floor VAV Replacement Phase 2 Rarick Hall, Fort Hays State University, Hays A-011562 Reroof Third Floor DSOB Dept. of Admin. Div. of Facilities Management, Topeka

Doc. No. 039227
Vol. 30, No. 11, March 17, 2011
274
State of Kansas
Kansas Register
Notices/Hearing
Request for Comments The Kansas Department of Commerce will post for public comment its state plan for Workforce Investment Act and Wagner-Peyser Act programs. The plan will be available for review and comments will be accepted through April 1. Visit KansasCommerce.com to review the plan and for instructions for submitting comments. Pat George Secretary of Commerce
Doc. No. 039228
State of Kansas
State Corporation Commission

Notice of Hearing on Proposed Administrative Regulations The Kansas Corporation Commission will conduct a public hearing at 9 a.m. Thursday, May 26, in the first floor hearing room at the commission office, 1500 S.W. Arrowhead Road, Topeka, to consider proposed amendments to rules and regulations of the commission on a permanent basis. This 60-day notice of the public hearing shall constitute a public comment period for the purpose of receiving written public comments on the proposed rules and regulations. All interested parties may submit written comments prior to the hearing to Andrew O. Schulte, Litigation Counsel, Kansas Corporation Commission, 1500 S.W. Arrowhead Road, Topeka, 66604, or at a.schulte@kcc.ks.gov. All interested parties will be given a reasonable opportunity to present their views orally on the adoption of the proposed regulations during the hearing. In order to give all parties an opportunity to present their views, it may be necessary to request that each participant limit the time of any oral presentation. More information and a copy of the proposed regulations are available on the commissions Web site, www.kcc.ks.gov. Any individual with a disability may request accommodation in order to participate in the public hearing and may request the proposed regulations and economic impact statement in an accessible format. Requests for accommodation should be made at least five working days in advance of the hearing by contacting Becky Reid at (785) 271-3231 or the Kansas Relay Center at (800) 7763777. Accessible parking and entrance are available at the commission offices. A summary of the proposed regulations and economic impact follows: The proposed amendments to K.A.R. 82-11-4 and 8211-10 update the Kansas Corporation Commissions Natural Gas Pipeline Safety Regulations to stay consistent with updates to the federal law administered by the Pipeline and Hazardous Materials Safety Administration (PHMSA). K.A.R. 82-11-4 adopts 49 C.F.R. Part 192, as in effect October 1, 2010. K.A.R. 82-11-10 adopts 49 C.F.R. Part 199, as in effect October 1, 2010. The proposed amendments to K.A.R. 82-11-4 and K.A.R. 82-11-10 are updates to existing regulations. It is not anticipated that
the proposed changes will create any economic impact, either for enforcement or pipeline compliance. The proposed amendment to K.A.R. 82-12-7 carries out the Kansas Corporation Commissions directive in its Order Granting in Part and Denying in Part Petition of Kansas Electric Cooperatives, Inc. for Reconsideration in Docket No. 09-GIMT-970-GIT (September 27, 2010) by rescinding K.A.R. 82-12-7(b). The Order stated that K.A.R. 82-12-7(b) requires the Commission to incur unnecessary labor and maintenance expenses to store the [annuallyfiled telecommunication supply line] maps. Thus, by eliminating K.A.R. 82-12-7(b), the commission will reduce its expenses. The telecommunications industry also will reduce expenses associated with filing maps and annual reports with the commission. Susan K. Duffy Executive Director
Doc. No. 039216
City of Andale, Kansas

Notice of Intent to Seek Private Placement General Obligation Bonds, Series 2011 Notice is hereby given that the city of Andale, Kansas (the issuer), proposes to seek a private placement of the above-referenced bonds. The maximum aggregate principal amount of the bonds shall not exceed $255,000. The proposed sale of the bonds is in all respects subject to approval of a bond purchase agreement between the issuer and the purchaser of the bonds and the passage of an ordinance and adoption of a resolution by the governing body of the issuer authorizing the issuance of the bonds and the execution of various documents necessary to deliver the bonds. Dated February 28, 2011. Virginia Edwards City Clerk
Doc. No. 039218
City of Douglass, Kansas

Notice of Intent to Seek Private Placement $50,000 General Obligation Bonds Series A, 2011 Notice is hereby given that the city of Douglass, Kansas (the issuer), proposes to seek a private placement of the above-referenced bonds. The maximum aggregate principal amount of the bonds shall not exceed $50,000. The proposed sale of the bonds is in all respects subject to approval of a bond purchase agreement between the issuer and the purchaser of the bonds and the passage of an ordinance and adoption of a resolution by the governing body of the issuer authorizing the issuance of the bonds and the execution of various documents necessary to deliver the bonds. KaLyn Nethercot City Clerk
Doc. No. 039229
Vol. 30, No. 11, March 17, 2011
Hearing
State of Kansas
Kansas Register
Department on Aging
275
A public hearing will be conducted at 9 a.m. Tuesday, May 24, in the Kansas Department on Agings Office, 503 S. Kansas Ave., Topeka, to consider the adoption of proposed rules and regulations of the Kansas Department on Aging (KDOA) on a permanent basis. This 60-day notice of the public hearing shall constitute a public comment period for the purpose of receiving written public comments on the proposed rules and regulations. All interested parties may submit written comments prior to the hearing to Patsy Samson, Policy Analyst, Kansas Department on Aging, 500 S. Kansas Ave., Topeka, 66603, or by e-mail to Patsy.Samson@aging.ks.gov. All interested parties will be given a reasonable opportunity to present their views orally regarding the adoption of the proposed regulations during the public hearing. In order to provide all parties an opportunity to present their views, it may be necessary to request that each participant limit any oral presentation to five minutes. Any individual with a disability may request accommodation in order to participate in the public hearing and may request the proposed regulations and economic impact statement in an accessible format. Requests for accommodation should be made at least five working days in advance of the hearing by contacting Patsy Samson at (785) 296-0378 or TTY (785) 291-3167. Handicapped parking is located on the east side of the New England Buildings entrance on Kansas Avenue. Copies of the proposed regulations and the economic impact statement for the proposed regulations can be viewed at the following Web site: http://www.agingkansas. org/index.htm. A list of the proposed regulations, a brief summary, and the economic impact follows: K.A.R. 26-1-1. Definitions. The amendment to this regulation updates the definition of federal act to reflect the Older Americans Act (OAA), as amended; revises certain terminology and those individuals that may be served by OAA programs; adds qualified assessor and subcontractor as defined terms; and removes terminology that is duplicated or no longer applicable to department programs. No economic impact is anticipated. K.A.R. 26-1-5. Area plan development. The amendment to this regulation reflects the Older Americans Act (federal act) currently in effect and a change in federal policy that revises minimum expenditure requirements for rural areas. No economic impact is anticipated. K.A.R. 26-1-6. Operating policies and procedures of area agencies. The amendment to this regulation revises area agency requirements for submission of policies and procedures to the department. No economic impact is anticipated. Revocation of K.A.R. 26-1-7 Confidentiality; procedures to protect information, sanctions. All issues addressed in this regulation have been moved to K.A.R. 261-8. K.A.R. 26-1-8. Confidentiality; policies and procedures to protect information; sanctions. This new regu-
lation sets out rules governing confidentiality requirements for department-funded programs, replacing K.A.R. 26-1-7. No economic impact is anticipated. K.A.R. 26-2-3. Reporting and unearned funds requirements. The amendment to this regulation revises the departments policy for receiving late reports and clarifies requirements for the return of unearned or disallowed department funds. No economic impact is anticipated. Revocation of K.A.R. 26-2-9 Audits. All issues addressed in this regulation have been moved to K.A.R. 262-10. K.A.R. 26-2-10. Audits. This new regulation sets out rules governing audits for department-funded programs and adopts the 2003 and 2007 revisions to Office of Management and Budget (OMB) Circular A-133, Audits of states, local governments, and non-profit organizations. The economic impact of this regulation, in combination with the revocation of K.A.R. 26-2-9 which it replaces, may result in a reduction in costs to recipients of department funds that receive less than $500,000 during the entitys fiscal year. However, the economic impact cannot be measured at this time. K.A.R. 26-3-1. Contracting and granting practices and requirements. The amendment to this regulation combines this regulation with certain regulatory requirements in K.A.R. 26-3-4, which is being revoked; adopts federal procurement requirements; defines conflict of interest; and clarifies record retention requirements. No economic impact is anticipated. Revocation of K.A.R. 26-3-4 Responsibilities when subgranting or contracting services under an area plan. All issues addressed in this regulation have been moved to K.A.R. 26-3-1 or removed from regulatory requirements. K.A.R. 26-4-1. Notice of actions; appeals by written requests; time to file written requests. The amendment to this regulation reflects the amendment to K.S.A. 7537,121 transferring the appeal process for adjudicative proceedings to the Office of Administrative Hearings and clarifies the time frame to file a written request. No economic impact is anticipated. Revocation of K.A.R. 26-4-6 Pre-appeal administrative processes and prehearing review of action or offer of settlement. This regulation is no longer needed. No economic impact is anticipated. Revocation of K.A.R. 26-4-7 through 26-4-15. Authority for the issues addressed in these regulations has been transferred to the Office of Administrative Hearings. Revocation of K.A.R. 26-4a-1 Medicaid services fair hearing program; application of department of social and rehabilitation services fair hearing regulations; requests for fair hearings. All issues addressed in this regulation have been moved to K.A.R. 26-4a-2. K.A.R. 26-4a-2. Appeals and fair hearings. This new regulation sets out rules governing appeals for department-administered Medicaid programs and reflects the transfer of the appeal process for adjudicative proceedings to the Office of Administrative Hearings. No economic impact is anticipated. Revocation of K.A.R. 26-5-2 through 26-5-10. The inhome nutrition program has been discontinued.
(continued)
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Hearing/Legislative Bills
K.A.R. 26-8-2. Eligibility criteria. The amendment to this regulation updates the eligibility criteria for Senior Care Act program recipients to reflect current practice. No economic impact is anticipated. K.A.R. 26-8-5. Assessment. The amendment to this regulation updates the frequency of assessment requirements for Senior Care Act program customers to reflect current practice. No economic impact is anticipated. K.A.R. 26-8-8. Termination. The amendment to this regulation updates the grounds for termination from the Senior Care Act program and reflects current practice. No economic impact is anticipated. K.A.R. 26-9-1. Client assessment, referral, and evaluation (CARE) for nursing facilities. The amendment to this regulation reflects a change in federal policy exempting certain individuals from needing an assessment prior to entering a nursing facility; incorporates regulatory requirements from Kansas Health Policy Authoritys K.A.R. 120-1-2 which is being revoked; and clarifies other current regulatory requirements. No economic impact is anticipated. Revocation of K.A.R. 26-11-1 through 26-11-3. The Kansas Senior Pharmacy Assistance Program has been discontinued. Revocation of K.A.R. 120-1-2 Data collection form used by department on aging. The requirements in this regulation have been moved to K.A.R. 26-9-1. No economic impact is anticipated. Shawn Sullivan Secretary of Aging
Doc. No. 039220
State of Kansas
Legislature
Legislative Bills and Resolutions Introduced The following numbers and titles of bills and resolutions were introduced March 3-9 by the 2011 Kansas Legislature. Copies of bills and resolutions are available free of charge from the Legislative Document Room, 58-S, State Capitol, 300 S.W. 10th Ave., Topeka, 66612, (785) 296-4096. Full texts of bills, bill tracking and other information may be accessed at www.kslegislature.org. House Bills
HB 2367, AN ACT concerning schools; enacting the Kansas education liberty program act; providing for educational scholarships; authorizing a tax credit, by Committee on Taxation. HB 2368, AN ACT concerning appropriations; relating to fee funds; abolishing certain credits to the state general fund; amending K.S.A. 1204, 17-12a601, 17-2236, 17-5610, 17-5701, 20-1a02, 20-1a03, 49-420, 55176, 55-609, 55-711, 55-901, 58-2011, 58-3074, 65-6b10, 65-1718, 65-1817a, 65-1951, 65-2011, 65-2855, 65-5413, 65-5513, 65-7210, 66-1,155, 66-1503, 74-715, 74-1108, 74-1405, 74-1503, 74-1609, 74-2704, 74-3903 and 74-7506 and K.S.A. 2010 Supp. 9-1703, 16a-2-302, 31-133a, 31-134, 36-512, 44-324, 44-926, 47-820, 55-155, 58-4107, 65-2911, 65-4024b, 65-6910, 65-7309, 7450,188, 74-5805, 74-6708, 74-7009, 75-1119b, 75-1308, 75-1514, 75-3170a and 84-9-801 and repealing the existing sections; also repealing K.S.A. 75-3170, by Committee on Appropriations. HB 2369, AN ACT concerning schools; relating to school buildings; amending K.S.A. 2010 Supp. 31-144 and repealing the existing section, by Committee on Appropriations. HB 2370, AN ACT concerning the state fire marshal; abolishing the office thereof; transferring the duties and functions thereof to the division of facilities management of the department of administration, the
Kansas bureau of investigation and the division of emergency management of the office of the adjutant general; amending K.S.A. 19-1579, 194625, 21-4318, 31-134a, 31-135, 31-136, 31-139, 31-141, 31-143, 31-146, 31147, 31-148, 31-150a, 31-155, 31-156, 31-165, 31-402, 36-132, 36-133, 36-134, 39-928, 39-929, 40-2,110, 48-928, 50-644, 55-1803, 55-1807, 551809, 55-1810, 55-1811, 55-1813, 65-429, 65-34,105, 75-1515 and 80-114 and K.S.A. 2010 Supp. 21-4201, 21-4217, 31-133, 31-133a, 31-134, 31-137, 31-140, 31-142, 31-144, 31-150, 31-159,31-170, 31-501, 31-502, 31-503, 31504, 31-505, 31-506, 31-602, 31-603, 31-604, 31-605, 31-606, 31-607, 31-608, 31-609, 31-611, 31-701, 31-702, 31-703, 31-705, 36-510, 39-925, 39-935, 39938, 39-945, 40-252, 55-1812, 65-506, 65-508, 65-34,133, 65-34,136, 6534,137, 65-5703, 74-4911f, 74-5602, 74-8841, 75-1508, 75-1514, 75-1517, 753170a, 75-36,102, 75-36,103, 76-327a, 76-7,105, 76-3319 and 77-618 and repealing the existing sections; also repealing K.S.A. 31-138, 31-157, 463201, 74-133, 75-1503, 75-1505, 75-1506, 75-1507, 75-1511, 75-1516, 753136 and 75-3137 and K.S.A. 2010 Supp. 74-4978l, 75-1510, 75-1513 and 76-327f, by Committee on Appropriations. HB 2371, AN ACT concerning community corrections; relating to grant programs; amending K.S.A. 2010 Supp. 75-5291 and 75-52,112 and repealing the existing sections, by Committee on Federal and State Affairs. HB 2372, AN ACT concerning immigration; amending K.S.A. 2010 Supp. 22-2802 and section 143 of chapter 136 of the 2010 Session Laws of Kansas and repealing the existing sections, by Committee on Federal and State Affairs. HB 2373, AN ACT concerning life insurance; providing for certain additional riders on life insurance policies; amending K.S.A. 2010 Supp. 40-401 and repealing the existing section, by Committee on Federal and State Affairs. HB 2374, AN ACT making and concerning appropriations for the fiscal years ending June 30, 2011, and June 30, 2012, for the department of education; authorizing certain transfers, capital improvement projects and fees, imposing certain restrictions and limitations, and directing or authorizing certain receipts, disbursements and acts incidental to the foregoing, by Committee on Appropriations. HB 2375, AN ACT concerning school districts; relating to school accountability and parental choice; creating the Kansas school accountability act; creating the Kansas opportunity scholarship act; creating the Kansas tax credit scholarship act; authorizing the establishment of charter technical career centers; amending K.S.A. 72-1903 and repealing the existing section, by Committee on Appropriations. HB 2376, AN ACT concerning the Kansas uniform securities act; relating to adoption of federal statutes and rules by reference; registration; fees; securities act fee fund and investor education fund; amending K.S.A. 17-12a103, 17-12a406, 17-12a410, 17-12a412 and 17-12a601 and repealing the existing sections, by Committee on Appropriations. HB 2377, AN ACT concerning abortion; regarding restrictions on late term abortion; creating the no taxpayer funding for abortion act; amending K.S.A. 60-1901, 65-6701, 65-6703 and 65-6713 and K.S.A. 2010 Supp. 40-2,103, 40-19c09, 40-2246, 65-6709, 65-6710, 79-32,117, 79-32,138, 7932,182b, 79-32,195, 79-32,261 and 79-3606 and repealing the existing sections, by Committee on Federal and State Affairs.

HCR 5023, By Committee on Energy and Utilities, A CONCURRENT RESOLUTION urging the United States Congress to preserve the primacy of the Kansas Corporation Commission to regulate hydraulic fracturing in compliance with state regulations and not to enact any future legislation that would remove this primacy. HCR 5024, By Representatives ONeal, Sloan, Alford, Arpke, Aurand, Ballard, Bethell, Billinger, Bollier, Boman, Bowers, Brookens, Brown, Bruchman, Brunk, Burgess, Burroughs, Calloway, Carlin, Carlson, Cassidy, Collins, Colloton, Crum, Davis, DeGraaf, Denning, Dillmore, Donohoe, Fawcett, Feuerborn, Finney, Flaharty, Frownfelter, Fund, Garber, S. Gatewood, D. Gatewood, Goico, Gonzalez, Goodman, Gordon, Grange, Grant, Gregory, Grosserode, Hayzlett, Hedke, Henderson, Henry, Hermanson, Hildabrand, Hill, Hineman, Hoffman, C. Holmes, M. Holmes, Howell, Huebert, Johnson, Kelley, Kelly, Kerschen, Kiegerl, Kinzer, Kleeb, Knox, Kuether, Landwehr, Lane, Loganbill, Mah, Mast, McCray-Miller, McLeland, Meier, Meigs, Mesa, Montgomery, Mosier, Moxley, OBrien, OHara, Osterman, Otto, Patton, Pauls, Peck, Peterson, Phelps, Pottorff, Powell, Prescott, Proehl, Rhoades, Roth, Rubin, Ruiz, Ryckman, Scapa, Schroeder, Schwab, Schwartz, Seiwert, Shultz, Siegfreid, Slattery, Smith, Spalding, Suellentrop, Swanson, Tietze, Trimmer, Tyson, Vickrey, Victors, Ward, Weber, Wetta, Williams, Winn, B. Wolf,
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Legislative Bills
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K. Wolf, Wolfe Moore, and Worley, A RESOLUTION recognizing Lecompton as a Territorial Capital.
House Resolutions
HR 6013, By Representatives ONeal, Billinger, Alford, Arpke, Aurand, Ballard, Bethell, Bollier, Boman, Bowers, Brookens, Brown, Bruchman, Brunk, Burgess, Burroughs, Calloway, Carlin, Carlson, Cassidy, Collins, Colloton, Crum, Davis, DeGraaf, Denning, Dillmore, Donohoe, Fawcett, Feuerborn, Finney, Flaharty, Frownfelter, Fund, Garber, D. Gatewood, S. Gatewood, Goico, Gonzalez, Goodman, Gordon, Grange, Grant, Gregory, Grosserode, Hayzlett, Hedke, Henderson, Henry, Hermanson, Hildabrand, Hill, Hineman, Hoffman, C. Holmes, M. Holmes, Howell, Huebert, Johnson, Kelley, Kelly, Kerschen, Kiegerl, Kinzer, Kleeb, Knox, Kuether, Landwehr, Lane, Loganbill, Mah, Mast, McCrayMiller, McLeland, Meier, Meigs, Mesa, Montgomery, Mosier, Moxley, OBrien, OHara, Osterman, Otto, Patton, Pauls, Peck, Peterson, Phelps, Pottorff, Powell, Prescott, Proehl, Rhoades, Roth, Rubin, Ruiz, Ryckman, Scapa, Schroeder, Schwab, Schwartz, Seiwert, Shultz, Siegfreid, Slattery, Sloan, Smith, Spalding, Suellentrop, Swanson, Tietze, Trimmer, Tyson, Vickrey, Victors, Ward, Weber, Wetta, Williams, Winn, K. Wolf, B. Wolf, Wolfe Moore and Worley, A RESOLUTION in memory of Dr. Jim Morrison. HR 6014, By Representative Bethell, Alford, Arpke, Aurand, Ballard, Billinger, Bollier, Boman, Bowers, Brookens, Brown, Bruchman, Brunk, Burgess, Burroughs, Calloway, Carlin, Carlson, Cassidy, Collins, Colloton, Crum, Davis, DeGraaf, Denning, Dillmore, Donohoe, Fawcett, Feuerborn, Finney, Flaharty, Frownfelter, Fund, Garber, D. Gatewood, S. Gatewood, Goico, Gonzalez, Goodman, Gordon, Grange, Grant, Gregory, Grosserode, Hayzlett, Hedke, Henderson, Henry, Hermanson, Hildabrand, Hill, Hineman, Hoffman, C. Holmes, M. Holmes, Howell, Huebert, Johnson, Kelley, Kelly, Kerschen, Kiegerl, Kinzer, Kleeb, Knox, Kuether, Landwehr, Lane, Loganbill, Mah, Mast, McCray-Miller, McLeland, Meier, Meigs, Mesa, Montgomery, Mosier, Moxley, OBrien, OHara, ONeal, Osterman, Otto, Patton, Pauls, Peck, Peterson, Phelps, Pottorff, Powell, Prescott, Proehl, Rhoades, Roth, Rubin, Ruiz, Ryckman, Scapa, Schroeder, Schwab, Schwartz, Seiwert, Shultz, Siegfreid, Slattery, Sloan, Smith, Spalding, Suellentrop, Swanson, Tietze, Trimmer, Tyson, Vickrey, Victors, Ward, Weber, Wetta, Williams, Winn, K. Wolf, B. Wolf, Wolfe Moore and Worley, A RESOLUTION in memory of Richard Dick Wellman. HR 6015, By Committee on Federal and State Affairs, A RESOLUTION requesting that the Attorney General bring an action in quo warranto in a court of competent jurisdiction against the Kansas Racing and Gaming commission and its members, the Kansas Lottery Commission and its members and the Kansas Lottery Gaming Facility Review Board and its members and challenging the constitutionality of K.S.A. 748762(e) and such other claims as the Attorney General may deem warranted under the circumstances.
Senate Bills
SB 220, AN ACT concerning the state fire marshal; abolishing the office thereof; transferring the duties and functions thereof to the division of facilities management, the Kansas bureau of investigation and the adjutant general; amending K.S.A. 19-1579, 19-4625, 21-4318, 31134a, 31-135, 31-136, 31-139, 31-141, 31-143, 31-146, 31-147, 31-148, 31150a, 31-155, 31-156, 31-165, 31-402, 36-132, 36-133, 36-134, 39-928, 39929, 40-2,110, 48-928, 50-644, 55-1803, 55-1807, 55-1809, 55-1810, 55-1811, 55-1813, 65-429, 65-34,105, 75-1515 and 80-114 and K.S.A. 2010 Supp. 214201, 21-4217, 31-133, 31-133a, 31-134, 31-137, 31-140, 31-142, 31-144, 31150, 31-159, 31-170, 31-501, 31-502, 31-503, 31-504, 31-505, 31-506, 31-603, 31-604, 31-605, 31-606, 31-607, 31-608, 31-609, 31-611, 31-701, 31-702, 31703, 31-705, 36-510, 39-925, 39-935, 39-938, 39-945, 40-252, 55-1812, 65506, 65-508, 65-34,133, 65-34,136, 65-34,137, 65-5703, 74-4911f, 74-5602, 74-8841, 75-1508, 75-1514, 75-1517, 75-36,102, 75-36,103, 76-327a, 767,105, 76-3319 and 77-618 and repealing the existing sections; also repealing K.S.A. 31-138, 31-157, 46-3201, 74-133, 75-1503, 75-1505, 75-1506, 75-1507, 75-1511, 75-1516, 75-3136 and 75-3137 and K.S.A. 2010 Supp. 74-4978l, 75-1510, 75-1513 and 76-327f, by Committee on Ways and Means. SB 221, AN ACT concerning corrections; amending K.S.A. 19-1930 and 75-52,103 and repealing the existing sections, by Committee on Ways and Means. SB 222, AN ACT concerning elections; relating to voter identification; amending K.S.A. 25-2352, 25-2411, 25-2416, 25-2423 and 25-2431 and K.S.A. 2010 Supp. 25-1122, 25-1122d, 25-2309, 25-2908, 25-3002 and 25-
3104 and repealing the existing sections, by Committee on Ways and Means. SB 223, AN ACT concerning accessibility standards for public facilities; amending K.S.A. 58-1301b and repealing the existing section, by Committee on Ways and Means. SB 224, AN ACT concerning the gas safety and reliability surcharge; relating to a petition for rate schedule, extension of deadline for proceeding; amending K.S.A. 2010 Supp. 66-2203 and repealing the existing section, by Committee on Federal and State Affairs. SB 225, AN ACT designating part of interstate highway 70 as the Eisenhower/Truman Presidential highway; amending K.S.A. 68-1009 and repealing the existing section, by Committee on Federal and State Affairs. SB 226, AN ACT concerning insurance; providing for coverage of autism spectrum disorder; amending K.S.A. 2010 Supp. 40-2,103 and 40-19c09 and repealing the existing sections, by Committee on Federal and State Affairs. SB 227, AN ACT concerning anemometer towers; relating to required markings; penalties, by Committee on Ways and Means. SB 228, AN ACT concerning school districts; relating to the statewide levy for public schools and the exemption therefrom; amending K.S.A. 2010 Supp. 72-6431 and 79-201x and repealing the existing sections, by Committee on Ways and Means. SB 229, AN ACT concerning state finance; relating to certain credits to the state general fund; amending K.S.A. 1-204, 17-12a601, 17-2236, 17-5610, 17-5701, 20-1a02, 20-1a03, 49-420, 55-176, 55-609, 55-711, 55-901, 58-2011, 58-3074, 65-6b10, 65-1718, 65-1817a, 65-1951, 65-2011, 65-2855, 65-5413, 65-5513, 65-7210, 66-1,155, 66-1503, 74-715, 74-1108, 74-1405, 741503, 74-1609, 74-2704, 74-3903 and 74-7506 and K.S.A. 2010 Supp. 91703, 16a-2-302, 31-133a, 31-134, 36-512, 44-324, 44-926, 47-820, 55-155, 58-4107, 65-2911, 65-4024b, 65-6910, 65-7309, 74-50,188, 74-5805, 74-6708, 74-7009, 75-1119b, 75-1308, 75-1514, 75-3170a and 84-9-801 and repealing the existing sections; also repealing K.S.A. 75-3170, by Committee on Ways and Means. SB 230, AN ACT concerning school districts; creating the relevant efficient academic learning education act; amending K.S.A. 72-8233 and repealing the existing sections; also repealing K.S.A. 72-6406, 72-6408, 72-6411, 72-6415, 72-6416, 72-6418, 72-6419, 72-6420, 72-6422, 72-6423, 72-6424, 72-6427, 72-6429, 72-6432, 72-6436, 72-6437, 72-6444, 72-6446, 72-6447, 72-7105a, 72-8237 and 72-8238 and K.S.A. 2010 Supp. 72-3715, 72-3716, 72-6405, 72-6407, 72-6409, 72-6410, 72-6412, 72-6413, 72-6414, 72-6414a, 72-6414b, 72-6415b, 72-6417, 72-6421, 72-6425, 72-6426, 726428, 72-6430, 72-6431, 72-6433, 72-6433d, 72-6434, 72-6434b, 72-6435, 726438, 72-6439, 72-6439a, 72-6441, 72-6442b, 72-6443, 72-6445a, 72-6448, 72-6449, 72-6450, 72-6451, 72-6452, 72-6453, 72-6454, 72-6455, 72-6456, 72-6457, 72-6458, 72-6459, 72-64b01, 72-64c03, 72-8248, 72-8249, 72-8250, 72-8254, 72-9509 and 72-9609, by Committee on Federal and State Affairs. SB 231, AN ACT establishing the prisoner review board and transferring powers and duties from the Kansas parole board; relating to individuals in the custody of the secretary of corrections; amending K.S.A. 22-3706, 22-3708, 22-3709, 22-3711, 22-3713, 22-3718, 22-3719, 223720, 22-4701, 60-4305 and 75-5202 and K.S.A. 2010 Supp. 22-3717, 749101, 75-4318, 75-5210a, 75-5217, 75-5266 and 77-603 and repealing the existing sections; also repealing K.S.A. 21-4602, 21-4603b, 21-4614, 214703 and 46-3201 and K.S.A. 2010 Supp. 21-4608, 21-4619, 22-3707 and 22-3717c, by Committee on Federal and State Affairs. SB 232, AN ACT concerning taxation; relating to income tax rates, adjustment, procedure and requirements; sales and compensating use tax rates and distribution; amending K.S.A. 2010 Supp. 79-32,110, 793603, 79-3620, 79-3703 and 79-3710 and repealing the existing sections, by Committee on Ways and Means.

SCR 1606, By Special Committee on Natural Gas Storage Fields and Facilities, A CONCURRENT RESOLUTION urging the United States Department of Transportation to adopt regulations addressing the safety of vertical, down-hole operations in gas storage fields, thus creating an opportunity for the State Corporation Commission, operating as a designated agent of the Department, to regulate and ensure the safety of all natural gas storage fields in Kansas.
Senate Resolutions
SR 1818, By Senator McGinn, A RESOLUTION proclaiming March 3, (continued)
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2011, as World Kidney Day and March as Kidney Awareness Month in Kansas. SR 1819, By Committee on Federal and State Affairs, A RESOLUTION disapproving Executive Reorganization Order No. 39, abolishing the Kansas Arts Commission created by K.S.A. 74-5202 and the office of executive director of the commission under K.S.A. 74-5204 and transferring the powers, duties and functions to the state historical society. SR 1820, By Senator Schodorf, A RESOLUTION establishing AntiBullying Awareness Week in Kansas. SR 1821, By Senators Umbarger and King, A RESOLUTION congratulating and commending the Field Kindley Memorial High School Debate Team, Coffeyville, Kansas on winning the 2011 class 4A foursspeaker state debate tournament. SR 1822, by Senators King and Umbarger, A RESOLUTION congratulating and commending the Independence High School Debate Team on winning the 2011 class 4A two-speaker state debate tournament. SR 1823, By Senators King and Umbarger, A RESOLUTION congratulating and commending the Caney Valley High School debaters. SR 1824, By Senator Vratil, A RESOLUTION congratulating and commending Dr. Tom Trigg.
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waste management system. This facility has an approved Nutrient Management Plan on file with KDHE. Name and Address Legal Receiving of Applicant Description Water Tuls Dairy Farms, LLC W/2 of Section 21, Cimarron River Pete Tuls T33S, R34W, Basin 8641 Road C Seward County Liberal, KS 67901 Kansas Permit No. A-CISW-D001 Federal Permit No. KS0090620 This permit is being modified to change a portion of the facility description. Wastewater from the North Basin/Lagoon exits through a pipe, located approximately 2.5 feet from the top of berm in the southeast corner of the basin, into a channel. There are no other changes to the permit. Only the portions of the permit being modified are subject to comment. Name and Address Legal Receiving of Applicant Description Water David Schmitz NW/4 of Section 21, Kansas River 26028 P Road T06S, R15E, Jackson Basin Holton, KS 66436 County Kansas Permit No. A-KSJA-B006 This permit is being reissued for an existing facility with a maximum capacity of 40 head (40 animal units) of beef cattle more than 700 pounds and 40 head (20 animal units) of beef cattle 700 pounds or less, for a total of 80 head (60 animal units) of cattle. This represents a decrease in animal units from the previous permit. The facility no longer raises swine.
State of Kansas

Name and Address of Applicant Great Bend Feeding, Inc. Jon Nickless 355 NW 30 Ave. Great Bend, KS 66530 Legal Description Receiving Water
Public Notice No. KSQ11014/019 The requirements of the draft permits public noticed below are pursuant to the Kansas Surface Water Quality Standards, K.A.R. 28-16-28(b-f), and Federal Surface Water Criteria:
Name and Address Receiving Type of of Applicant Stream Discharge Adorers of the Blood Wichita Storm Non-Contact of Christ Drainage via Cooling Water 1165 S.W. Blvd. Convent Lake Wichita, KS 67213 Kansas Permit No. I-AR94-CO49 Federal Permit No. KS0100137 Legal Description: NW14, S25, T27S, R1W, Sedgwick County Facility Name: Wichita Center Convent & Newman University Science Building Facility Description: The proposed action is to issue a new permit for the discharge of once pass-through cooling water from existing facilities. Well water from two chiller systems is seasonally directed into Convent Lake, a private pond that discharges into a drainage ditch within the Arkansas River Basin. The combined flow rate of the two chiller water discharges to Convent Lake is about 0.2 million gallons per day when operating. Name and Address Receiving Type of of Applicant Stream Discharge Eudora, City of Wakarusa River Treated Domestic P.O. Box 650 Wastewater Eudora, KS 66025 Kansas Permit No. M-KS17-OO02 Federal Permit No. KS0094609 Legal Description: SW14, S5, T13S, R21E, Douglas County Facility Description: The proposed action is to reissue an existing permit for the operation of an existing wastewater treatment facility. The proposed permit contains limits for biochemical oxygen demand, total suspended solids, ammonia, E. coli and pH, as well as monitoring of total phosphorus, nitrate + nitrite, total Kjeldahl nitrogen, total nitrogen and effluent flow. Included in this permit is a schedule of compliance requiring the permittee to obtain the services of a KDHE-certified Class 3 wastewater treatment plant operator to achieve compliance with this permit. Name and Address of Applicant Receiving Stream Type of Discharge
E/2 of Section 10 & Upper Arkansas All of Section 11, River Basin T19S, R14W, Barton County
Kansas Permit No. A-UABT-C002 Federal Permit No. KS0040576 This permit is being reissued for a confined animal feeding operation with a maximum capacity of 35,000 head (35,000 animal units) of cattle weighing more than 700 pounds. There is no change in the permitted animal units from the previous permit. The permit contains modifications consisting of proposed improvements to the
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Well and Permit Number J-123 KS-03-159-256 J-124 KS-03-159-257 J-125 KS-03-159-258 J-126 KS-03-159-259 J-127 KS-03-159-260 J-128 KS-03-159-261
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Lancaster, City of Kansas River via Treated Domestic P.O. Box 146 North Fork of Wastewater Lancaster, KS 66041 Stranger Creek Kansas Permit No. M-KS29-OO01 Federal Permit No. KS0024864 Legal Description: W12, NW14, SE14, S32, T5S, R19E, Atchison County Facility Description: The proposed action is to reissue an existing permit for the operation of an existing wastewater treatment facility. The proposed permit contains limits for biochemical oxygen demand, total suspended solids and E. coli, as well as monitoring of ammonia, total phosphorus and pH. Name and Address Receiving Type of of Applicant Stream Discharge Powhattan, City of Delaware River via Treated Domestic P.O. Box 52 Unnamed Tributary Wastewater Powhattan, KS 66527 Kansas Permit No. M-KS60-OO01 Federal Permit No. KS0081540 Legal Description: NW14, SW14, SW14, S28, T3S, R16E, Brown County Facility Description: The proposed action is to reissue an existing permit for the operation of an existing wastewater treatment facility. The proposed permit contains limits for biochemical oxygen demand, total suspended solids and E. coli, as well as monitoring of ammonia and pH. Name and Address Receiving Type of of Applicant Stream Discharge Winchester, City of Crooked Creek via Treated Domestic P.O. Box 123 Unnamed Tributary Wastewater Winchester, KS 66097 Kansas Permit No. M-KS84-OO01 Federal Permit No. KS0047511 Legal Description: NE14, NE14, SE14, S27, T8S, R19E, Jefferson County Facility Description: The proposed action is to reissue an existing permit for the operation of an existing wastewater treatment facility. The proposed permit contains limits for biochemical oxygen demand, total suspended solids and E. coli, as well as monitoring of ammonia, total phosphorus, total recoverable copper and lead, and pH.
Facility Location: Section 15, T20S, R8W, Rice County, Kansas, near Lyons Location Lat 38.313278 Long 98.1867101 Lat 38.3141235 Long 98.1877964 Lat 38.3150322 Long 98.1878047 Lat 38.3159301 Long 98.1878061 Lat 38.3168346 Long 98.187809 Lat 38.3177433 Long 98.187809
Facility Description: This is a salt production plant. The proposed action is to issue six new Class III injection well permits. The injection fluids consist of saturated brine and some solids. Injection is to be made into Hutchinson Salt member of the Wellington formation. Mining shall not extend into the upper 50 feet of the salt member. The maximum operational injection pressure is not to exceed 250 pounds per square inch at the wellhead. All construction, monitoring and operation of these wells will meet the requirements that apply to Class III Injection wells under the Kansas Underground Injection Control Regulations, K.A.R. 28-43-1 through 28-43-11 and K.A.R. 28-46-1 through 28-46-44.
Public Notice No. KS-NQ-11-002 The requirements of the draft permits public noticed below are pursuant to the Kansas Surface Water Quality Standards, K.A.R. 28-16-28(b-f):
Name and Address Legal Type of of Applicant Location Discharge Kansas Department of SW14, SE14, S24, Nonoverflowing Wildlife & Parks T16S, R22E, Miami c/o C. Depperschmidt, County Project Manager 1020 S. Kansas Ave. Topeka, KS 66612 Kansas Permit No. M-MC60-NO03 Federal Tracking No. KSJ000657 Facility Name: KDWP - Hillsdale State Park - Scott Creek Branch Facility Address: 26001 W. 255th St., Paola, KS 66071 Facility Description: This action consists of issuance of a new Kansas Water Pollution Control Permit for a new wastewater treatment facility with an irrigation option. Discharge of wastewater from this treatment facility to surface waters of the state of Kansas is prohibited by this permit.
Public Notice No. KS-EG-11-003 In accordance with K.A.R. 28-46-7 and the authority vested with the state by the administrator of the U.S. Environmental Protection Agency, draft permits have been prepared for the use of the well(s) described below within the state of Kansas:
Name and Address of Applicant North American Salt Company 1662 Ave. N Lyons, KS 67554-0498
Persons wishing to comment on the draft documents and/or permit applications must submit their comments in writing to the Kansas Department of Health and Environment if they wish to have the comments considered in the decision-making process. Comments should be submitted to the attention of the Livestock Waste Management Section for agricultural-related draft documents or applications, or to the Technical Services Section for all other permits, at the Kansas Department of Health and Environment, Division of Environment, Bureau of Water, 1000 S.W. Jackson, Suite 420, Topeka, 66612-1367. All comments regarding the draft documents or application notices received on or before April 16 will be considered in the formulation of the final determinations regarding this public notice. Please refer to the appropriate Kansas document number (KS-AG-11-044/046, KS-Q-11014/019, KS-NQ-11-002, KS-EG-11-003) and name of the applicant/permittee when preparing comments. After review of any comments received during the public notice period, the Secretary of Health and Environment will issue a determination regarding final agency action on each draft document/application. If response to any draft document/application indicates significant public interest, a public hearing may be held in conformance with K.A.R. 28-16-61 (28-46-21 for UIC). All draft documents/applications and the supporting information including any comments received are on file and may be inspected at the offices of the Kansas Department of Health and Environment, Bureau of Water. These documents are available upon request at the copying cost assessed by KDHE. Application information and components of plans and specifications for all new and expanding swine facilities are available on the Internet at http://www.kdheks.gov/feedlots. Division of Environment offices are open from 8 a.m. to 5 p.m. Monday through Friday, excluding holidays. Robert Moser, M.D. Secretary of Health and Environment
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New State Laws/Regulations

HOUSE BILL No. 2033

AN ACT relating to motor vehicles; concerning the registration of fleet motor vehicles; amending K.S.A. 2010 Supp. 8-1,152 and repealing the existing section. Be it enacted by the Legislature of the State of Kansas: Section 1. K.S.A. 2010 Supp. 8-1,152 is hereby amended to read as follows: 8-1,152. (a) As used in this section, fleet motor vehicle means any motor vehicle of a commercial fleet of 250 or more motor vehicles which is registered for a gross weight of at least 12,000 pounds but not more than 26,000 pounds, except that if a vehicle is registered for a gross weight of more than 26,000 pounds and is part of a commercial fleet, and such vehicle is not driven out-ofstate, such vehicle shall be deemed a fleet motor vehicle for purposes of this section. (b) The division shall provide for the registration of and the issuance of license plates for fleet motor vehicles in accordance with the provisions of this section. Fleet motor vehicles registered under the provisions of this section shall annually pay the applicable registration fees under K.S.A. 8143, and amendments thereto. Upon registration, the owner of the fleet motor vehicles who are not exempt from personal property taxes, shall provide evidence of the taxes assessed under K.S.A. 79-6a01 et seq., or 79-5101 et seq., and amendments thereto. License plates issued under this section shall be permanent in nature and designed in such a manner as to remain with the fleet motor vehicle for the duration of the life span of the fleet motor vehicle or until the fleet motor vehicle is deleted from the owners fleet. Such license plates shall be distinctive and there shall be no year date thereon. Fleet motor vehicles registered under the provisions of this section shall be issued a permanent registration cab card for the duration of the life span of the fleet motor vehicle or until the fleet motor vehicle is deleted from the owners fleet. License plates issued under this section shall not be transferable to any other fleet motor vehicle, except that the unused registration fee may be transferred to another fleet motor vehicle which is registered at the same or greater weight. The data required for registration under this section shall be submitted electronically. (c) The secretary of revenue may adopt rules and regulations in order to administer the provisions of this section. Sec. 2. K.S.A. 2010 Supp. 8-1,152 is hereby repealed. Sec. 3. This act shall take effect and be in force from and after its publication in the Kansas register.
Request for Comments The Kansas Department of Health and Environment has reviewed an application from Crawford County to allow Southeast Kansas Recycling, Inc. (SEKRI) to operate a limited municipal solid waste transfer station. The SEKRI facility is located at 503 S. Joplin in Pittsburg and includes buildings for recycling, household hazardous waste and electronic waste. The transfer station will consist of a solid waste container and/or a container and compactor that collect solid waste from SEKRIs daily operation and proposes to collect household trash only from SEKRI members. KDHE has reviewed the application and found it to be in conformance with state solid waste statutes and regulations. KDHE is providing public notice of its intent to issue a permit to Crawford County for the proposed transfer station. A copy of the administrative record, which includes the draft permit and all information regarding this permit action, is available for public review until April 18 during normal business hours, Monday through Friday, at the following locations: Kansas Department of Health and Environment Bureau of Waste Management 1000 S.W. Jackson, Suite 320 Topeka, 66612 Contact: Joe Cronin (785) 296-1667 Pittsburg Public Library 308 N. Walnut Pittsburg, 66762 Contact: Pat Clement, Director (620) 231-8110 Anyone wishing to comment on the permit application or draft permit information should submit written statements postmarked not later than April 18 to Joe Cronin (KDHE). After consideration of all comments received, the director of the Division of Environment will make a final decision on whether to issue the permit. Notice of the decision will be given to anyone who submitted written comments during the comment period and to those who requested notice of the final permit decision. Robert Moser, M.D. Secretary of Health and Environment
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State of Kansas
Permanent Administrative Regulations Article 19.KANSAS RETAILERS SALES TAX 92-19-3. (Authorized by K.S.A. 79-3618; implementing K.S.A. 79-3602, 79-3607, 79-3609; effective, E-7033, July 1, 1970; effective, E-71-8, Jan. 1, 1971; effective Jan. 1, 1972; amended May 1, 1988; amended June 26, 1998; revoked April 1, 2011.) 92-19-3a. Credit sales, conditional sales, and other sales and service transactions that allow deferred payment. (a) For purposes of this regulation, K.A.R. 92-193b, K.A.R. 92-19-3c, and K.A.R. 92-19-55b, the following definitions shall apply: (1) Conditional sale means a sales transaction made pursuant to a written agreement that is treated as a sale of goods for federal income tax purposes in which the buyer gains immediate possession or control of the goods but the seller or a financial institution retains title to or a security interest in the goods to ensure its future receipt
State of Kansas
Secretary of State
Certification of New State Laws I, Kris W. Kobach, Secretary of State of the State of Kansas, do hereby certify that the following bill is a correct copy of the original enrolled bill now on file in my office. Kris W. Kobach Secretary of State
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of full payment before clear title is transferred to the buyer in possession or control of the goods. Conditional sale contracts include financing leases. (2) Credit charge means interest, finance, and carrying charges from credit extended on the sale of goods or services, if the amount is separately stated on the invoice, bill of sale, or similar document given to the buyer. (3) Credit sale means a sale of goods or services under an agreement that provides for the deferred payment of the purchase price. Credit sales shall include sales made under the following: (A) An installment contract that transfers title and possession of the goods to the buyer at the time of purchase, but allows payment to be made in periodic installments; and (B) a revolving credit contract that extends a line of credit to a buyer that allows purchases to be charged against the account and provides for periodic billing that requires payment of part of, and allows for payment of all of, the credit balance owed by the buyer. (4) Creditor means an entity or person to whom money is owed. (5) Financial institution means a bank, savings and loan, credit union, or other finance company licensed under the provisions of the Kansas uniform consumer credit code as specified in K.S.A. 79-3602, and amendments thereto, for isolated or occasional sales. (6) Financing lease means a conditional-sale contract that is denominated a lease, but that is intended to finance a lessees purchase of goods or its continued possession of goods under a sale-leaseback agreement. A lessor shall be presumed to have entered into a financing lease if the lessor accounts for the lease transaction as a financing agreement for federal income tax purposes. The term capital lease shall be considered synonymous with financing lease. (7) Goods has the same meaning as tangible personal property, which is specified in K.S.A. 79-3602, and amendments thereto. (8) Invoice means a paper or electronic bill of sale or similar dated document containing an itemized list of goods or services sold to the buyer that specifies the selling price of the goods or services and complies with the requirements of K.S.A. 79-3648 and amendments thereto, when an itemized charge is taxable. (9) Layaway sale means a transaction in which property is set aside for future delivery to a customer who makes a deposit, agrees to pay the balance of the purchase price over a period of time, and, at the end of the payment period, receives the property. An order shall be deemed accepted for layaway by the seller when the seller removes the property from normal inventory or clearly identifies the property as sold to the purchaser. (10) Operating lease has the meaning specified in K.A.R. 92-19-55b. (11) Purchase price has the meaning of sales or selling price specified in K.S.A. 79-3602, and amendments thereto. (12) Rain check means that the seller allows a customer to purchase an item at a certain price at a later time because the particular item was out of stock.
(13) Repossessed goods means goods sold on credit that a retailer or other creditor reclaims as allowed by law after a buyer or debtor defaults on installment payments. (14) Returned goods means goods that a buyer returns to a retailer upon the parties cancellation of the original sales contract when the retailer either credits or refunds the full selling price of the goods and associated sales tax to the buyer. Returned goods shall not include goods accepted in trade or barter, goods repossessed or recaptured by legal process, and goods secured pursuant to the consumers abandonment of the sales contract or other voluntary surrender. (15) Sales tax or tax means Kansas retailers sales tax, Kansas retailers compensating use tax, and any local retailers sales or use tax that is levied in addition to the state tax. (16) Services has the meaning specified in K.S.A. 793602, and amendments thereto. (b) Nothing in this regulation, K.A.R. 92-19-3b, K.A.R. 92-19-3c, or K.A.R. 92-19-55b shall be construed as modifying any of the following: (1) Any requirement of any Kansas certificate-of-title statute or supporting regulation; (2) any provision of the retailers sales tax act that allows a retailer to discount the selling price of goods or services based on a trade-in, coupon, or other price reduction that is allowed by a retailer and taken by a buyer on a sale; or (3) any requirement imposed on creditors or consumers by the Kansas uniform consumer credit code, K.S.A. 16a1-101 et seq., and amendments thereto. (c)(1) When a retailer makes credit sales, the retailer may report and pay tax to the department on the total cash and other payments the retailer receives during each reporting period or, if the retailers books and records are regularly kept on the accrual basis, on the total receipts accrued in its books and records during each reporting period. A retailer that has filed six or more sales tax returns using the same method of accounting that it uses for its federal income tax reporting shall be presumed to have knowingly elected to use that method of accounting for sales tax purposes and to have benefited from its election. Regardless of the reasons for electing to use one method of accounting, a retailer shall continue to use that method of accounting to report its credit and other retail sales unless the director of taxation authorizes the retailer in writing to change its method of accounting for all future sales tax returns or the internal revenue service directs or authorizes the retailer to change its method of accounting for federal income tax purposes. (2) A retailer shall not be disqualified from reporting sales on a cash-receipts basis because it makes credit sales or has accounts receivable. However, when a retailer that reports credit sales on a cash-receipts basis sells, factors, assigns, or otherwise transfers an installment contract, account receivable, or similar instrument, sales tax shall become due on the total amount of the remaining payments and shall be reported on the return for the period in which the retailer is paid or credited for the contract or receivable.
(continued)
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(3) For the purposes of administering and enforcing the requirements of the Kansas retailers sales tax act for retailers that report tax based on the total receipts accrued during a reporting period, the date contained on the invoice given to the buyer shall be presumed to be the date the retailer recognizes the receipts in its books and records as earned. (4) If a retailer finds that it is a hardship to report and remit sales tax in accordance with the requirements in this subsection, the retailer may apply in writing to the director of taxation for permission to start reporting its sales using a different accounting method. The retailer shall fully explain the reasons for the request, and the director may identify reasonable requirements that the retailer shall meet as a condition to allowing the retailer to change the method of accounting it uses to report sales tax. (d)(1) Each retailer that accounts for its credit sales on the accrual basis shall bill the buyer the full amount of tax that is due on the purchase price of the goods or services sold on credit and shall source and report the sale as if it were a cash sale. The purchase price shall not be reduced by any expense that the retailer attributes to the sale or service and recovers from the buyer even when the retailer bills the expense as a separate line-item charge or on a separate invoice. (2) When a credit sale is made, any credit charge that is paid by a buyer in addition to the purchase price of goods or services shall be deemed not to be part of the purchase price and shall not be subject to sales tax if both of the following conditions are met: (A) The invoice, bill of sale, or similar document given to the buyer separately states the credit charge and the selling price of the goods or services that were sold on credit. (B) The extension of credit was contracted for by the parties, provided for by standard industry custom or practice, or otherwise granted by the retailer, including by issuing an invoice that unilaterally informs the buyer that interest at a stated rate will be added each month to any outstanding credit balance. (3) A retailers charges for the extension of credit that meet the requirements of paragraph (d)(2) shall not be included in the retailers report of gross receipts. (4) A retailer that makes credit sales shall maintain records that separately show the selling price of the goods or services, the corresponding amount of sales tax charged, the customers credit balance, and any interest, financing, or carrying charge that has been added to that balance. (5) A retailer shall not collect sales tax on charges to customers for insufficient funds checks or closed-account checks. The receipts from these charges shall not be included in the retailers report of gross receipts. (6) This subsection shall not apply to the types of charges related to credit-card use that are specified in subsection (e). (e)(1) If a retailer increases the selling price of goods or services for a buyer who uses a credit card to compensate for interchange fees or other charges that the credit-card company will later deduct from the payment it forwards to the retailers account, these increases shall be consid Kansas Secretary of State 2011
ered to be part of the selling price of the goods or services and shall be subject to tax. (2) Interchange fees and other charges that a credit-card company deducts from a participating retailers account shall be deemed charges for the financial services that the credit-card company has rendered for the retailer and shall not be deducted from the retailers report of gross receipts or otherwise used to reduce the amount of sales tax being reported. (f)(1) A progress payment shall mean a payment made to a contractor as work progresses on a construction project that may be conditioned on the percentage of work completed, the stage of work completed, the costs incurred by the contractor, a payment schedule, or some other basis. Each contractor who issues a bill or statement for a progress payment for a period in which the contractor performed taxable labor services shall report sales tax on the taxable services as part of its gross receipts. (2) If a contractor reports sales tax on the cash basis, it shall report the taxable labor services it performed during the period covered by a progress payment on the return it files for the sales-tax reporting period in which it receives the progress payment. If a contractor reports sales tax on the accrual basis, it shall report the taxable services it performed during the period covered by a progressbilling statement on the return it files for the sales-tax reporting period in which it recognizes the charges on its progress-billing statement in its books and records as earned. (g)(1) Unless otherwise provided by statute, each retailer that makes a layaway sale shall report sales tax on the total selling price of the goods sold on layaway when the final payment is made and the goods are delivered to the buyer. The tax rate that is applied to a layaway sale shall be the rate that is in effect at the time of delivery. An exemption may be claimed on a layaway sale only if the exemption is in effect at the time of delivery. If an unpaid balance remains when the goods are delivered, the transaction shall be reported as a credit sale that is consummated when the goods are delivered to the buyer. (2) Sales tax shall be applied to a purchase made under a rain check in the same way that the tax is applied to a purchase made under a layaway sale. (h)(1) Each retailer shall collect and remit tax in accordance with this subsection on any taxable sales of goods the retailer makes under a financing lease agreement or other conditional sale, unless the lease or sale satisfies one of the requirements listed in paragraphs (i)(2)(A) through (C). (2) When an accrual-basis retailer sells goods at retail and the sale is financed under a financing lease, the retailer shall collect and remit sales tax at the time of sale on the full selling price of the goods. Sales tax shall be collected and remitted in this manner even if the retailer transfers title to the goods to a financial institution and possession of the goods to the third-party lessee or if the retailer retains title to the goods and transfers possession to the lessee. Lease payments that a third-party lessee makes to a financial institution or retailer to discharge its loan-repayment obligations under a financing lease or other conditional sale shall not be subject to tax.
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(3) A financial institution shall not claim a resale exemption for the purchase of goods that the financial institution is financing under a financing lease agreement. (4) The transfer of title to the lessee upon completion of the lease payments required under a financing lease agreement shall not be subject to tax. (i)(1) A contract shall be treated as a financing lease regardless of whether the underlying transaction is characterized as a lease or rental under generally accepted accounting principles, the internal revenue code, the uniform commercial code, K.S.A. 84-1-101 et seq. and amendments thereto, or any other provision of federal, state, or local law, if the contract requires the lessee to possess or control the goods under a security agreement or deferred payment plan that requires the transfer of possession or control of the goods to the lessee under either of the following: (A) A security agreement or deferred payment plan that requires the transfer of title to the lessee upon completion of the required payments; or (B) an agreement that requires the transfer of title upon completion of the required installment payments plus the additional payment of an option price, and the option price does not exceed the greater of $100 or 1% of the total required payments. (2) Unless paragraph (i)(1) requires a contract to be treated as a financing lease, a contract shall be treated as an operating lease and not as a financing lease if the contract meets one of the following requirements: (A) Contains a provision that allows the lessor to claim federal income tax depreciation benefits for the leased goods; (B) allows the lessee to terminate the agreement at any time by returning the goods and making all lease payments due to the date of return; or (C) qualifies as a Kansas consumer lease-purchase agreement under K.S.A. 50-680 et seq., and amendments thereto. (j)(1) A late payment charge or penalty billed to a customer shall be exempt under this regulation only if the late payment charge or penalty is imposed for nonpayment of a credit balance that is owed under the parties agreement for the extension of credit, a financing lease, or other conditional sale agreement. (2) A late payment charge or penalty that is billed to a customer by a regulated utility, cable provider, telecommunications company, or other entity that operates under the authority granted by law or contract by a municipal, county, state, or federal governmental unit is not a credit charge imposed for the extension of credit and shall be subject to sales tax. (3) A late payment charge or penalty imposed under an operating lease or rental agreement shall be subject to tax in accordance with subsection (d) of K.A.R. 92-19-55b. (Authorized by K.S.A. 2010 Supp. 75-5155 and K.S.A. 2010 Supp. 79-3618; implementing K.S.A. 2010 Supp. 755155, K.S.A. 2010 Supp. 79-3602, K.S.A. 2010 Supp. 793603, K.S.A. 2010 Supp. 79-3609, and K.S.A. 2010 Supp. 79-3618; effective April 1, 2011.) 92-19-3b. Allowances for bad debts. (a) General. (1) For purposes of this regulation, bad debt shall mean any debt owed to or account receivable held by a
retailer that can be claimed as a wholly or partially worthless debt deduction under 26 U.S.C. Section 166 that arose from the sale of goods or services upon which the retailer reported retailers sales or use tax in a prior reporting period; and (2)(A) A retailer shall be eligible to claim a bad debt allowance if the retailer meets the following conditions: (i) Was the original seller of the taxable goods or services; (ii) charged and remitted the retailers sales or use tax on a sale that can be claimed as a worthless debt deduction under 26 U.S.C. Section 166; and (iii) has written off the bad debt as worthless or uncollectible in its books and records. (B) A certified service provider shall be eligible to claim a bad debt allowance on behalf of a retailer that meets the conditions in paragraph (a)(2)(A) if the provider meets the requirements in subsection (g). (3) A claim for a bad debt allowance shall be considered to be filed with the department according to one of the following: (A) On the due date of the return for the reporting period in which the bad debt is written off as uncollectible in the retailers books and records, when a deduction for the bad debt is taken on that return; or (B) on the date that the retailer files a refund claim with the department, if part or all of a bad debt allowance is being claimed as a refund because the bad debt allowance was not taken as a deduction on the appropriate return or the deduction that was taken exceeded the amount of taxable gross receipts being reported on that return. The filing date for a refund claim provided by K.S.A. 79-3609, and amendments thereto, shall be the later of either the postmark date on the refund request or the postmark date on the required supporting documentation. (4) Each claim by a retailer for a deduction, credit, or refund based on a bad debt allowance shall be made in accordance with this regulation. K.A.R. 92-19-3c shall control the treatment of goods that are repossessed by a retailer after the retailer has taken a bad debt allowance on the underlying credit sale of goods defaulted on by the retailers customer. (5) After a retailer sells, factors, assigns, or otherwise transfers an account receivable, installment contract, or other similar debt instrument for a discount of any kind that authorizes a third party to collect customer payments, the retailer shall not be eligible to claim a bad debt allowance, credit, or refund for bad debts that arise under an instrument that was sold or transferred at a discount. A third party that purchases or otherwise obtains a debt instrument from the retailer, and any person that subsequently purchases or otherwise obtains the debt instrument, shall not be eligible to claim a bad debt allowance, credit, or refund for an underlying credit sale of goods or services defaulted on by the retailers customer. (b) Determining the amount of a bad debt allowance. (1) The bad debt allowance that may be claimed for sales tax purposes shall be the difference between the federal worthless debt deduction calculated for the sale or account pursuant to 26 U.S.C. Section 166(b) and the applicable adjustments and exclusions to the federal worth(continued)
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less debt deduction specified in K.S.A. 79-3674 and amendments thereto. (2) No anticipatory or statistical sampling method of estimating the amount of a sales-tax bad debt allowance shall be allowed except as specified in K.S.A. 79-3674(h) and amendments thereto. (3) If a retailer maintains a reserve account for bad debts, only charges against the bad debt reserve that have been written off the retailers books and records may be claimed as a bad debt allowance. (4) The amount of sales tax that is deducted, credited, or refunded under a bad debt allowance shall not exceed the difference between the tax that the retailer remitted to the department on a retail transaction and the tax that the retailer collected on the retail transaction. (5) The amount of a bad debt allowance shall not include any finance charges, collection expenses, or repossession expenses that the retailer assigned to the consumers account. (6) Whenever the sales tax rate that was in effect at the time and place of the original sale is changed pursuant to a statutory rate change or the enactment or repeal of a local tax, the amount of the bad debt allowance shall be adjusted to account for the rate change before the bad debt allowance is claimed. (7) In the absence of adequate records showing the contrary, it shall be presumed that the interest rate for financing charges that the retailer billed to a customers delinquent account is the maximum rate of interest that the retailer charged on the same type of delinquent account during the same period that gave rise to the bad debt. (8) No interest shall be paid by the department on any sales-tax bad debt deduction taken on a retailers tax return. Interest on a refund claim filed to recover part or all of a bad debt allowance shall be computed as provided in subsection (e). (c) How to claim a bad debt allowance. (1)(A) A retailer that is required to file federal income tax returns shall claim a bad debt allowance as a deduction from the taxable gross receipts being reported on the return the retailer files for the reporting period in which the bad debt is charged off its books and records as uncollectible. (B) A retailer that is not required to file federal income tax returns, including a church or other nonprofit entity, shall claim a bad debt allowance as a deduction from taxable gross receipts during the reporting period in which the bad debt is charged off its books and records, if the allowance would otherwise qualify for a worthless debt deduction under 26 U.S.C. Section 166 if the retailer were required to file federal income tax returns. (2) If a retailer fails to timely claim a bad debt deduction on the return identified in paragraph (c)(1) or if a bad debt allowance exceeds the taxable gross receipts being reported on that return, the retailer shall file a refund request pursuant to K.S.A. 79-3609, and amendments thereto, to recover the bad debt allowance or the balance of the allowance. The retailer shall not claim a bad debt allowance as a deduction so that a negative balance is reported on a return, as a deduction on an amended re Kansas Secretary of State 2011
turn filed for an earlier reporting period, or as a deduction on a return filed for a later period. (3) A refund request that is filed to recover a bad debt allowance shall not include any other type of refund claim. The supporting documentation shall clearly state that the refund request is based on a claim for a bad debt allowance and shall identify the sales tax reporting period in which the worthless debt deduction could have first been claimed for federal income tax purposes. (4) A refund claim based on a bad debt allowance shall be denied if the due date of the return for the reporting period in which the retailer first became eligible to write off the worthless debt for federal income tax purposes is outside the limitation period specified in K.S.A. 79-3609, and amendments thereto, for filing refund claims. (d) Substantiating documentation. (1) The burden of establishing the right to and the validity of a sales-tax bad debt allowance shall be on the retailer. In order to verify each sales-tax bad debt allowance being claimed, the retailer shall retain records that show the following: (A) The date when the retailer first became eligible to write off the worthless debt in the books and records that it maintains for federal income tax purposes; (B) the amount of the worthless debt that was written off for federal income tax purposes and the amount of the worthless debt that is being claimed for Kansas sales tax purposes; (C) any computations or adjustments made by the retailer to its federal worthless debt deduction to arrive at the bad debt allowance being claimed for Kansas sales tax purposes; (D) any portion of the debt or worthless account that represents customer charges that were not taxed; and (E) the amount of interest, finance charges, service charges, collection, and repossession costs that the retailer assigned to the debt or worthless account. (2) The information specified in paragraphs (d)(1)(A) through (d)(1)(E) may be requested by the department at any time to substantiate a retailers bad debt allowance claim. (3) Any retailer that qualifies to claim a sales-tax bad debt allowance and whose volume and character of uncollectible or worthless accounts warrant an alternative method of substantiating the allowance may apply in writing to the director of taxation and ask to be allowed to maintain records other than those specified in this subsection. The retailer shall explain the reasons for the request, and the director may identify reasonable requirements that the retailer must meet as a condition to allowing the retailer to maintain records other than those specified in this subsection. (e) A bad debt allowance submitted as a refund request. If a retailer claims a bad debt allowance by filing a refund request in accordance with paragraphs (c)(2) through (c)(4), the request shall be treated as the retailers application for a refund. If a refund request based on a bad debt allowance is approved, either a credit memorandum or a refund payment may be issued by the department to the retailer for the approved amount. The amount credited or refunded shall not include interest, unless a credit memorandum or refund payment is not issued within the
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time provided for refunds by K.S.A. 79-3609, and amendments thereto. If a credit memo or refund payment is issued after the time provided for refunds, interest shall be computed from the later of either the filing date of the refund request or the filing date of the supporting documentation required by K.S.A. 79-3693, and amendments thereto. (f) Recovery of allowances previously taken. If a retailer collects payment for goods or services or repossesses goods that were the basis of a bad debt allowance, the retailer shall apply the payment first proportionally to the selling price of the goods or services and the corresponding sales tax that remains unpaid and then to any other charges that are owed on the customers account, including interest, service charges, and collection costs billed to the customer. The retailer shall report the payment amount that is apportioned to the selling price of the taxable goods or services as part of its taxable gross receipts for the period in which the payment is received. (g) Certified service providers. (1) If a retailers filing responsibilities have been assumed by a certified service provider, the certified service provider may claim, on the retailers behalf, any bad debt allowance that the retailer could claim under this regulation. The certified service provider shall provide a credit or issue a refund to the retailer for the full amount of any bad debt allowance that the provider recovers. No person other than the retailer who reported the taxable transaction and reported tax to the department, or a retailers certified service provider, shall be entitled to claim a bad debt allowance that is based on a worthless debt or uncollectible account. (2) If the books and records of the retailer or certified service provider claiming a sales-tax bad debt allowance support an allocation of the sales-tax bad debts among the member states on a particular customers uncollectible account, the allocation shall be allowed pursuant to K.S.A. 79-3674, and amendments thereto. (Authorized by K.S.A. 2010 Supp. 75-5155 and 79-3618; implementing K.S.A. 2010 Supp. 79-3609, 79-3674, and 79-3693; effective April 1, 2011.) 92-19-3c. Repossessed goods. (a) Each retailer that repossesses goods that were the basis of a bad debt allowance under K.A.R. 92-19-3b, and each financial institution that repossesses goods, shall account for the repossessed goods in accordance with this regulation. (b) The recovery of goods being repossessed and the transfer of title to the goods from the debtor to the retailer or financial institution are not retail sales and shall not be taxed. (c) When repossessed goods are resold by a retailer at retail, the receipts from the sale shall be reported as part of the retailers gross receipts. When repossessed goods are resold by a retailer as a sale for resale, a retailer that previously claimed a bad debt allowance on the goods shall account for the receipts as an allowance recovery in accordance with K.A.R. 92-19-3b(f). (d) When goods are repossessed by a financial institution, the resale of the goods by the financial institution and the transfer of title to the buyer shall be treated as nontaxable isolated or occasional sales.
(e) When a debtor satisfies the underlying debt after goods are repossessed, the return of goods and the transfer of title to the goods to the debtor are not retail sales and shall not be taxed. A retailer that previously claimed a bad debt allowance on the goods shall report the taxable gross receipts that are included in the payment from the debtor in accordance with K.A.R. 92-19-3b(f). (f) When a retailer or financial institution uses repossessed goods other than for retention, demonstration, or display while holding the goods for resale in the regular course of business, the retailer or financial institution shall accrue sales tax on its use of the repossessed goods as the rental of the goods. (Authorized by K.S.A. 2009 Supp. 75-5155 and 79-3618; implementing K.S.A. 2009 Supp. 79-3602, K.S.A. 2009 Supp. 79-3603 as amended by L. 2010, Ch. 160, sec. 1, K.S.A. 2009 Supp. 79-3607 as amended by L. 2010, ch. 123, sec. 11, K.S.A. 2009 Supp. 79-3609 as amended by L. 2010, ch. 123, sec. 12, K.S.A. 2009 Supp. 79-3615, 79-3618 and 79-3674; effective April 1, 2011.) 92-19-10. (Authorized by K.S.A. 79-3618, implementing K.S.A. 1986 Supp. 79-3602, 79-3603 as amended by L. 1987, Ch. 182, Sec. 108, K.S.A. 1986 Supp. 79-3607; effective, E-70-33, July 1, 1970; effective, E-71-8, Jan. 1, 1971; effective Jan. 1, 1972; amended May 1, 1988; revoked April 1, 2011.) 92-19-16a. Gifts, premiums, prizes, coupons, and rebates. (a) Each sale of tangible personal property shall be taxable if made to a person who will use the property as a prize or premium or who will give the property away as a gift. Donors of articles of tangible personal property shall be regarded as the users or consumers of the property. If a retailer donates property that was originally acquired for resale, the retailer shall accrue tax on the cost it paid for the property when the retailer files its next sales tax return, unless the retailer donates the property to an entity that is exempt from taxation on its purchases under K.S.A. 79-3606, and amendments thereto, or has provided the retailer with a resale exemption certificate. (b) If a retailer making a retail sale that is subject to tax gives a premium or prize along with the item being sold, the transaction shall be regarded as the sale of both items to the purchaser if delivery of the premium or prize does not depend on chance. (c) If the award of a premium or prize by a retailer depends on chance, the retailers acquisition of the premium or prize shall be subject to sales tax. The retailer shall pay the tax at the time of acquisition of the premium or prize or, if the item is removed from resale inventory, shall accrue tax on the items cost on its sales tax return. (d) If a retailer accepts a coupon for a taxable product and will later be reimbursed by a manufacturer or other party for the reduction in selling price, the total sales value, including the coupon amount, shall be subject to sales tax. If a retailer accepts a coupon and will not be reimbursed for the reduction in selling price, the reduction shall be considered a discount, and the taxable amount shall be the net amount paid by the customer after deducting the value of the coupon. If a retailer enhances the value of a manufacturers coupon, the amount
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of the unreimbursed enhancement shall be treated as a discount that is not subject to sales tax. (e) For purposes of this regulation, rebate shall mean a return of part of the amount paid for a product after the time of sale, which is commonly obtained by sending proof of purchase to the manufacturer. Like manufacturers coupons, a manufacturers rebate is a form of payment. Therefore, even if a manufacturers rebate is assigned to a retailer at the time of sale, the rebate shall not reduce the amount that is subject to sales tax. (f) Sales of gift certificates, meal cards, or other forms of credit that can be redeemed by the holder for the equivalent cash value shall not be subject to tax when sold. If the certificate or other form of credit is used as a cash equivalent to purchase taxable goods or services, the retailer who redeems the certificate or other form of credit shall charge sales tax on the selling price of the goods or services, which shall not be reduced by the amount of the certificate or other credit being redeemed. (g) Sales of coupon books and similar materials that entitle the holder to a discount or other price advantage on the purchase of goods or services shall be presumed to have value in addition to the coupons or discounts contained in them and shall be taxable as sales of tangible personal property, except when the sale of this type of book is by a nonprofit organization that treats the receipts from the sales as a donation. If a coupon is redeemed from a coupon book or other material sold at retail, the retailer who redeems the coupon shall charge sales tax in accordance with the requirements for sales made with coupons that are specified in subsection (d). (h) If a nonprofit organization treats receipts from the providing of coupon books and similar materials as donations, the nonprofit organization shall be liable for paying sales tax when it purchases the coupon books or other materials that are provided to a donor when a donation is made, unless the organization is otherwise exempted from paying tax on its purchases. If a coupon is redeemed, the retailer who redeems the coupon shall charge sales tax in accordance with the requirements for sales made with coupons that are specified in subsection (d). (Authorized by K.S.A. 2009 Supp. 75-5155 and 793618; implementing K.S.A. 2009 Supp. 79-3602 and K.S.A. 2009 Supp. 79-3603 as amended by L. 2010, ch. 160, sec. 1; effective July 27, 2001; amended April 23, 2007; amended April 1, 2011.) 92-19-16b. (Authorized by K.S.A. 2005 Supp. 755155 and K.S.A. 2005 Supp. 79-3618; implementing K.S.A. 2005 Supp. 79-3602, as amended by L. 2006, Ch. 202, Sec. 1, K.S.A. 2005 Supp. 79-3607, and K.S.A. 2005 Supp. 793609; effective April 13, 2007; revoked April 1, 2011.) 92-19-40. (Authorized by K.S.A. 79-3618, implementing K.S.A. 1986 Supp. 79-3606 as amended by L. 1987, Ch. 292, Sec. 32, as further amended by L. 1987, Ch. 64, Sec. 1; effective, E-80-26, Dec. 12, 1979; effective May 1, 1980; amended May 1, 1988; revoked April 1, 2011.) 92-19-42. (Authorized by K.S.A. 79-3618; implementing K.S.A. 1980 Supp. 79-3602, 79-3603, 79-3606; effective May 1, 1981; revoked April 1, 2011.) 92-19-49b. Goods returned when a sale is rescinded. (a)(1) When a retailer and consumer rescind a
taxable sale of goods that the retailer reported on an earlier return, the retailer shall be entitled to deduct the original selling price of the returned goods from its current report of gross receipts, except as provided in paragraph (a)(2). A retail sale of goods shall be considered to be rescinded once the retailer accepts possession of the returned goods and the consumer accepts the repayment of all or part of the selling price and sales tax that was originally paid to buy the goods. This repayment to the consumer may be made by credit or refund. (2) If a retailer reduces the amount credited or refunded to the consumer for the returned goods as compensation for depreciation, consumer usage, or any other reduction in the value of the goods, the amount of the reduction shall be considered a charge by the retailer for the consumers use of the goods and shall be subject to sales tax as if it were a rental charge being billed to the consumer. Both the deduction from gross receipts taken by the retailer on its current return and the selling price credited or refunded to the consumer shall be reduced by the amount taken as compensation for the reduced value of the goods. The amount of tax that is required to be credited or refunded to the consumer shall be reduced in a proportional amount. (3) A retailer shall not be required to report its taxable receipts from a retail sale that is rescinded if the original sale, the acceptance of the returned goods by the retailer, and the full repayment to the consumer are all completed during one reporting period. If only partial repayment of the selling price and sales tax is made to the consumer, the retailer shall report the amount used as the reduced value of the goods as part of its gross receipts for that reporting period. (4) If a retailer does not reduce the amount refunded to a consumer under paragraph (a)(2) or (a)(3) for a reduction in the value of the goods and charges a restocking or reshelving fee to the consumer after goods are returned, this fee shall not be taxable. A restocking or reshelving fee shall be defined as a fee charged by a retailer to cover the time and expense incurred returning goods to resale inventory if the consumer has not used the goods in a way that reduces their value. (b) Each retailer shall maintain records that clearly establish and support its deduction claim when a sale is rescinded. (c) Any retailer may take a deduction or credit for a refund claim on its sales tax return only if the deduction or credit has been authorized in writing by the department or is allowed under this regulation, K.A.R. 92-193b, K.A.R. 92-19-3c, or another department regulation. All other refund claims shall be made by submitting a written refund application to the department, in accordance with K.A.R. 92-19-49c. (d) Repossessed goods shall be treated as specified in K.A.R. 92-19-3c. (e) Despite any other provision of this regulation, any motor vehicle manufacturer, manufacturers agent, or authorized dealer may apply to the department for a refund or take a deduction during the reporting period if a consumer returns a motor vehicle in accordance with K.S.A. 50-645, and amendments thereto, and is refunded the total amount that the consumer paid for the vehicle, in-
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cluding sales tax, less a reasonable allowance for the consumers use of the vehicle, which shall include the sales tax associated with that use. The manufacturer, agent, or dealer shall maintain records that clearly reflect the acceptance of the returned vehicle under K.S.A. 50-645 and amendments thereto, the amount of the refund, and the amount of taxes refunded. (Authorized by K.S.A. 2009 Supp. 75-5155 and K.S.A. 2009 Supp. 79-3618; implementing K.S.A. 2009 Supp. 79-3607 as amended by L. 2010, ch. 123, sec. 11, and K.S.A. 2009 Supp. 79-3609 as amended by L. 2010, ch. 123, sec. 12; effective May 27, 2005; amended April 1, 2011.) 92-19-55b. Operating leases. (a) Definitions. (1) Financing lease shall have the meaning specified in K.A.R. 92-19-3a. (2) Goods shall have the meaning as specified in K.A.R. 92-19-3a. For purposes of this regulation, equipment may be substituted for the word goods whenever equipment rentals or leases are being considered. (3) Lease or rental shall have the meaning specified in K.S.A. 79-3602, and amendments thereto. When used in this regulation, these two terms and their derivatives are synonymous. (4) Lessee shall mean a person who acquires the right to possess or control goods under a lease or rental agreement. (5) Lessor shall mean a person who is engaged in the business of leasing or renting goods to others. (6) Operating lease shall mean a lease agreement that gives the lessee possession or control of goods for a fixed or indeterminate period, while the lessor retains all or substantially all of the risk and rewards of ownership of the goods. This term shall be synonymous with true lease. (7) Primary property location shall have the meaning specified in K.S.A. 79-3670, and amendments thereto. (8) Sales tax or tax shall have the meaning specified in K.A.R. 92-19-3a. (9) Transportation equipment shall have the meaning specified in K.S.A. 79-3670, and amendments thereto. When the term motor vehicle or vehicle is used, the term shall mean any passenger vehicle, truck, trailer, semitrailer, or truck tractor, as defined in K.S.A. 8-126 and amendments thereto, that is not classified as transportation equipment under K.S.A. 79-3670, and amendments thereto. (b) Operating leases and rentals. (1) Each agreement that is structured as a lease shall be treated as an operating lease unless the agreement meets the definition of a financing lease in K.A.R. 92-19-3a. Any operating-lease agreement may contain a future option to purchase the goods that are being leased or to extend the agreement, or both. Each oral lease shall be treated as an operating lease. (2) Each person who rents or leases goods at retail for use in Kansas under an operating lease shall be deemed a retailer doing business in this state and shall register with the department and report tax on its taxable receipts as provided in this regulation. If tax is not collected on a taxable charge for a rental or lease, the tax together with interest and penalty may be collected by the department from either the lessor or the lessee.
(3) Each lessor shall collect tax on every taxable rental or lease charge that it bills to its lessees. A lessor shall not forgo this collection duty and elect instead to pay sales tax when the lessor buys goods to rent or lease. (4) Each recurring periodic payment made under a rental or lease agreement shall be treated as a payment for a separate sales transaction in time units defined by the agreement of the parties. Each recurring periodic payment period under an agreement shall be treated as a complete sale for purposes of determining the following: (A) Whether tax is required to be collected or paid on a periodic payment because of the enactment of a new tax imposition or exemption; (B) whether a change in the tax rate applies to a periodic payment; (C) what the appropriate local tax jurisdiction is when the primary property location is changed from one local taxing jurisdiction in Kansas to another; and (D) what the appropriate state tax jurisdiction is when the primary property location is changed to Kansas from another state or from Kansas to another state. (5) If a lease or rental agreement does not require recurring periodic payments to be made, the lump-sum payment shall be treated as a complete sale for purposes of applying exemptions, tax rates, sourcing requirements, and other requirements of the sales tax act to the lease payment. No refund claim shall be allowed or assessment issued that is based on an enactment that takes effect after payment but during the term of this type of lease or rental, unless the enactment specifies otherwise. (6) Each rent-to-own or rental-purchase agreement that is subject to the Kansas consumer lease-purchase agreement act, K.S.A. 50-680 et seq. and amendments thereto, shall be treated as an operating lease. A reinstatement fee charged under this type of an agreement shall be taxable. (7) A rental or lease shall not qualify for exemption as an isolated or occasional sale of goods. (c) Sourcing receipts from operating leases. Each receipt from the lease or rental of goods shall be sourced according to the following: (1) Classification of the receipt as a down payment, recurring periodic payment, or a single payment for the entire lease or rental period; and (2) the type of goods being leased or rented. Each different type of receipt shall be sourced according to K.S.A. 79-3670 and amendments thereto. (d) Computation of the tax. (1) Sales tax shall be computed on the total amount of each lease charge billed to the lessee without any deduction for mandatory insurance, damage waiver fees, property taxes, maintenance, service, repair, pickup, delivery, and other handling charges, administrative charges, late payment charges or penalties, reinstatement fees, late return charges, fuel charges, surcharges, and other charges or expenses whether paid by the lessor or lessee. Each of these fees or expenses shall be considered to be part of a taxable lease charge, even when the fee or expense is separately stated on an invoice given to a lessee or when separate contracts are entered into for the rental or lease
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and for the payment of one or more of these fees or expenses. (2) All payments of interest, financing, and carrying charges, and any other payment that a lessee makes to reimburse a lessor for the costs or expenses the lessee incurs under the lease, shall be subject to sales tax whether billed as a separate line-item charge or on a separate invoice. (3) When a rental or lease agreement has been subject to sales tax, sales tax shall apply to any charge made for either of the following: (A) The cancellation of the agreement; or (B) the early return of the rented or leased goods. (4) Each late return charge that is billed for a customers failure to return goods to a rental company or other lessor within the agreed-upon rental or lease term shall be treated as a charge for the customers continued possession or control of the goods. This charge shall be subject to sales tax regardless of whether the charge meets any of the following conditions: (A) Is designated a late return charge, a penalty, or a credit charge; (B) exceeds the standard rental charge; or (C) is a flat charge that appears to be a fine. (e) A lessors purchase of goods to rent or lease. (1) Any registered lessor that rents or leases goods may claim that the goods are purchased for resale when the lessor buys goods for the sole purpose of renting or leasing to others. (2) A lessor that rents or leases equipment or other goods to others shall not claim the equipment or goods are purchased for resale when the lessor buys the equipment or goods if the lessor engages in a service business that does either of the following: (A) Uses the equipment or other goods to perform services, in addition to renting or leasing the equipment or goods; or (B) furnishes the equipment or goods to others with an operator. (3) If a lessor paid tax when it purchased goods, the payment of tax shall not exempt any subsequent charges that the lessor bills for the rental or lease of the goods and shall not entitle the lessor to claim a credit for the taxes paid. Each lessor that is allowed to claim that goods are purchased for resale as provided in paragraph (e)(1) but paid tax on the purchase of the goods in error shall apply to the department for a refund of the tax. (4) If a lessor that purchased goods solely for rental or lease later withdraws the goods from its rental or lease inventory for its own occasional use and then returns them to its inventory, the lessor shall accrue sales tax on the regular rental amount that the retailer would charge to a customer for use of the goods under a rental or lease agreement. (f) Purchases of repair services and repair parts. (1) A lessors purchases of repair services and repair parts for incorporation into the goods or equipment that the lessor uses exclusively to rent or lease shall not be considered to be a retail sale. A lessors purchases of oil, grease, filters, lubricants, and similar items that are purchased for use in equipment that the lessor uses exclusively to rent or lease shall not be considered to be a retail
sale. Sales tax shall be collected on any charges for these items that are separately billed to a lessee. (2) The sale of repair services, repair parts, oil, grease, filters, lubricants, and similar items to a rental or lease business for use in equipment in its rental or lease inventory shall be a retail sale if the business uses equipment from its inventory to perform services or if the business furnishes equipment from its inventory to others with an operator. (g) Furnishing equipment with an operator. (1) Each charge for furnishing equipment with an operator who will use the equipment to perform services shall be taxed as a service rather than a rental or lease and shall be subject to the impositions on services set forth in K.S.A. 79-3603, and amendments thereto. (2) Each lessor shall charge and collect sales tax on each lease or rental charge that the lessor bills to a lessee who intends to use the equipment being rented or leased to perform services for others. (3) When a lessee bills a customer for taxable services that it performed using leased equipment, the lessee shall not deduct or otherwise exclude the lease charges that it paid to the lessor when the lessee bills its customer for the taxable services. (4) Equipment shall be considered to be leased or rented rather than provided with an operator if the only services the lessor provides are setup, inspection, or maintenance services that are performed on the leased equipment itself. (h) Disposal of rental or lease inventory. When goods that were purchased for rental or lease are sold at retail, the lessor shall collect sales tax on the full selling price without regard to any tax that has been collected and remitted on receipts from the rental or lease of the goods. The sale of any goods that a retailer makes from its rental or lease inventory shall not qualify as an isolated or occasional sale. (i) Real property considerations. (1) If a contract for the rental or lease of real property requires goods, including furniture and restaurant equipment, to be provided to a tenant with real property, no sales tax shall be due on any amount that is separately charged to the tenant for the goods. When a business purchases or leases goods to use to furnish or equip an apartment, office, restaurant, or other real property that the business intends to lease or rent, the sale or lease of the goods to the business shall be considered a retail sale or lease, and the business shall pay sales tax on the purchase price or lease charges as the final user of the goods. (2) Each rental or lease of goods, including computers, typewriters, and word processors, to a person who obtains the exclusive right to use the goods for a fixed term shall be subject to sales tax even though the goods are attached or affixed to real property, unless the goods are being furnished with the rental or lease of a real property as specified in paragraph (i)(1). (3) For purposes of determining the taxability of a rental or lease transaction that involves tangible personal property attached to realty, taxability shall be presumed if the property being leased or rented is considered goods pursuant to K.S.A. 84-2-107(2), and amendments thereto, unless the goods are being furnished with the
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rental or lease of real property as specified in paragraph (i)(1). (j) Exemptions, discounts, and deductions. Any discount, deduction, or exemption may be claimed when a rental or lease of goods or services is entered into if the same discount, deduction, or exemption would be allowed when the same goods or services are sold at retail. When a lessee that makes recurring periodic payments claims entitlement to a new discount, deduction, or exemption that first takes effect during the term of a lease, any discount, deduction, or exemption may be applied to the periodic payments as provided in paragraph (b)(4). (k) Conditional sales. Each financing lease and other financing transactions shall be taxed as provided in K.A.R. 92-19-3a. (Authorized by K.S.A. 2010 Supp. 755155 and 79-3618; implementing K.S.A. 2010 Supp. 793602, 79-3603, 79-3604, 79-3618, 79-3669, 79-3670, and 793702; effective April 1, 2011.) 92-19-59. Private letter rulings. (a) A private letter ruling shall mean a statement of the secretary of revenue or the secretarys authorized agent issued to an individual retailer and shall be of limited application. A private letter ruling interprets the statute or regulation to which the ruling relates. A private letter ruling is issued in response to a retailers written request for clarification of the tax statute or regulation relating to a specified set of circumstances affecting the retailers collections duties as they relate to a claim of exemption from sales tax. (b) A retailer, consumer, or other person shall not rely upon a verbal opinion from the department of revenue. Only a written private letter ruling issued to a retailer that concerns the retailers collection duties shall bind the department. Each retailer seeking a private letter ruling from the department shall submit a written request for the ruling to the department. The written request shall identify the retailer and state with specificity the facts and circumstances relating to the issue for which the ruling is sought. If insufficient facts are presented with a retailers request for a ruling, a private letter ruling shall not be issued by the department. If material facts are misrepresented in a retailers request for a ruling, a private letter ruling that is issued by the department shall be of no effect and shall not be binding on the department. Department correspondence that does not state that the correspondence is a private letter ruling shall not be considered or otherwise treated as a private letter ruling. (c) Nothing contained in a private letter ruling shall be construed as altering any provision of the Kansas retailers sales tax act or any department regulation or as otherwise meeting any of the following conditions: (1) Having the force and effect of law; (2) being a notice, revenue ruling, or other tax-policy statement that has been published by the department; or (3) being a precedent that can be cited or relied upon by any person other than the retailer to whom the ruling is issued, except to identify a ruling that is being relied upon as support for a request for the reduction or waiver of penalty or interest. (d) If a private letter ruling erroneously instructs an individual retailer that it is not required to collect sales tax under a specific set of facts and circumstances, that
retailer shall be absolved of its statutory duty to collect sales tax under a comparable set of facts and circumstances, unless the ruling has been rescinded or was based on the retailers misrepresentation of material facts. A consumer that did not pay the tax to the retailer shall continue to be liable for the uncollected tax. However, if the consumer belatedly pays or is later assessed the tax, penalty shall be waived, and any interest on the consumers late payment may be waived or reduced, upon the consumers request unless the consumer misrepresented material facts to either the retailer or the department. (e) Each private letter ruling shall cease to be valid and shall be deemed to have been rescinded when any one of the following occurs: (1) A statute or regulation that the department relied upon as a basis for the ruling is changed in any substantive part by the Kansas legislature or department of revenue. (2) A substantive change in the interpretation of a statute or regulation that the department relied upon as a basis for the ruling is made by a court decision. (3) An interpretation that the department relied upon as a basis for the ruling is changed in any substantive part by a more recent department notice, guideline, revenue ruling, or other published policy directive that rescinds all prior published policy statements about issues that are discussed in the policy directive. Any policy statement that has been rescinded by the department may be cited as support for a taxpayers request for the reduction or waiver of penalty or interest. (Authorized by K.S.A. 2009 Supp. 75-5155 and 79-3618; implementing K.S.A. 2009 Supp. 79-3604 and K.S.A. 79-3646; effective May 1, 1988; amended April 1, 2011.) 92-19-73. Membership fees and dues. (a) Each public or private club, organization, or business charging dues to members for the use of the facilities for recreation or entertainment shall collect sales tax on the gross receipts received from the dues, except for the following: (1) Clubs and organizations that are exempt from property tax pursuant to the eighth paragraph of K.S.A. 79201 and amendments thereto, including the American legion, the veterans of foreign wars, and certain other military veterans organizations; (2) clubs and organizations that are exempt from property tax pursuant to the ninth paragraph of K.S.A. 79201 and amendments thereto, including the Y.M.C.A., Y.W.C.A., Boy Scouts, Girl Scouts, and certain other humanitarian community service organizations; and (3) nonprofit organizations that support nonprofit zoos, if the organization is exempt pursuant to section 501(c)(3) of the federal internal revenue code of 1986 and the dues are used to support the operation of the zoo. (b)(1) Dues means any charge that is a debt owed to the club, organization, or business by an existing member or prospective member in order for the member or prospective member to enjoy the use of the facilities of the club, organization, or business for recreation or entertainment, and, except as provided in paragraph (b)(2), shall include periodic or one-time special assessments, initia(continued)
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tion fees, and entry fees charged to members by a nonprofit club or organization if a members continued nonpayment of the assessment or fee will result in the loss of membership or membership rights. (2) Dues shall not include the redeemable amount of a contribution required for membership in an equity country club or other equity entity organized for recreation or entertainment in which none of the net earnings inure to the benefit of any shareholder or other person, including organizations described by I.R.C. 501(c)(7), if the club or organization is obligated to repay the redeemable amount of the contribution, and the redeemable amount either is reflected as a liability owed to the member on the clubs or organizations books and records or is required to be repaid to the member under a written contract. The repayment obligation may be conditioned upon the clubs or organizations receipt of a membership contribution from a new member. The redeemable amount of a contribution required for membership shall include payments made by a member or prospective member for membership stock, certificates of membership, refundable deposits, refundable capital improvement surcharges, refundable special or one-time assessments, or similar membership payments in an amount equal to the amount that the club or organization is obligated to repay to the member. These payments to a club shall not be considered redeemable contributions if the clubs repayment obligation is contingent solely on a club ceasing its operations as a nonprofit social organization sometime in the future. (3) If all or part of a redeemable contribution paid to acquire or retain membership ceases to be carried as a liability on the books and records of a club that continues operation, or its successor, and the contribution has not been redeemed by a former member or former members estate, the amount of the contribution that is no longer carried as a liability and can no longer be redeemed shall be subject to sales tax. (c) Recreation or entertainment means any activity that provides a diversion, amusement, sport, or refreshment to the member. This term shall include the health, physical fitness, exercise, and athletic activities identified in K.A.R. 92-19-22b. (d) An exemption for gas, fuel, or electricity shall not be allowed for a public or private club, organization, or other business that charges dues to members if the gas, fuel, or electricity is utilized for heating, cooling, or lighting a building, facility, or other area that is used for recreation or entertainment. An exemption shall not be allowed for water, cleaning supplies, toilet supplies, sanitary supplies, and other consumables and supplies that are used by a public or private club, organization, or other business that enable dues-paying members or others to use the building or facility for recreation or entertainment. These exemptions shall not be allowed regardless of whether the business charges dues-paying members or others for admission or for participation in sports, games, or recreation. (Authorized by K.S.A. 2009 Supp. 75-5155 and K.S.A. 2009 Supp. 79-3618; implementing K.S.A. 2009 Supp. 75-5155, K.S.A. 2009 Supp. 793603 as amended by L. 2010, ch. 160, sec. 1 and K.S.A. 2009 Supp. 79-3618; effective May 1, 1988; amended July 27, 2001; amended April 1, 2011.) Nick Jordan Secretary of Revenue
Doc. No. 039217
Racing and Gaming Commission

Permanent Administrative Regulations Article 101.FACILITY MANAGER CERTIFICATION 112-101-6. Disqualification criteria. (a) A facility managers certificate shall be denied or revoked by the commission if the applicant or certificate holder itself has been convicted of any felony, crime involving gambling, or crime of moral turpitude. (b) A certificate may be denied, suspended, or revoked by the commission, and a certificate holder may be otherwise sanctioned by the commission as specified in K.A.R. 112-113-1 if the certificate holder or its officers, directors, key gaming employees, or any person directly or indirectly owning an interest of at least 0.5% in the applicant meets any of the following conditions: (1) Has any employees who have knowingly or negligently provided false or misleading material information to the commission or its staff; (2) fails to notify the commission staff about a material change in the applicants or certificate holders application within seven days; (3) is delinquent in paying for the cost of regulation, oversight, or background investigations required under the act or any regulations adopted under the act; (4) has violated any provision of the act or any regulation adopted under the act; (5) has failed to meet any monetary or tax obligation to the federal government or to any state or local government; (6) is financially delinquent to any third party; (7) has failed to provide information or documentation requested in writing by the commission in a timely manner; (8) does not consent to or cooperate with investigations, inspections, searches, or having photographs and fingerprints taken for investigative purposes; (9) has failed to meet the requirements of K.A.R. 112101-4; (10) has officers, directors, key gaming employees, or persons directly or indirectly owning an interest of at least 0.5% that have any present or prior activities, criminal records, reputation, habits, or associations meeting either of the following criteria: (A) Pose a threat to the public interest or to the effective regulation of gaming; or (B) create or enhance the dangers of unfair or illegal practices in the conduct of gaming; or (11) has violated any contract provision with the Kansas lottery. (Authorized by and implementing K.S.A. 2009 Supp. 74-8751 and 74-8772; effective April 17, 2009; amended April 1, 2011.) Article 102.GAMING SUPPLIER AND NONGAMING SUPPLIER CERTIFICATION 112-102-8. Disqualification criteria. (a) A certificate shall be denied or revoked by the commission if the
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applicant or certificate holder has been convicted of any felony, crime involving gambling, or crime of moral turpitude. (b) A certificate may be denied, suspended, or revoked by the commission, and a certificate holder may be sanctioned by the commission under K.A.R. 112-113-1 if the certificate holder or its officers, directors, key gaming employees, or any person known to directly or indirectly own an interest of at least 0.5% in the applicant meets any of the following conditions: (1) Has knowingly provided false or misleading material information through its employees to the commission or commission staff; (2) fails to notify the commission staff about a material change in the application within seven days; (3) has violated any provision of the act or any regulation adopted under the act; (4) has failed to meet any monetary or tax obligation to the federal government or to any state or local government; (5) is financially delinquent to any third party; (6) has failed to provide information or documentation requested in writing by the commission in a timely manner; (7) does not consent to or cooperate with investigations, interviews, inspections, searches, or having photographs and fingerprints taken for investigative purposes; (8) has failed to meet the requirements of K.A.R. 112102-6; (9) has any officers, directors, key gaming employees, or any person known to directly or indirectly own an interest of at least 0.5% in the applicant that has any present or prior activities, criminal records, reputation, habits, or associations meeting either of the following criteria: (A) Pose a threat to the public interest or to the effective regulation of gaming; or (B) create or enhance the dangers of unfair or illegal practices in the conduct of gaming; or (10) has violated any contract with the Kansas lottery. (Authorized by and implementing K.S.A. 2009 Supp. 748751 and 74-8772; effective Aug. 14, 2009; amended April 1, 2011.) Article 103.EMPLOYEE LICENSING 112-103-2. License levels. (a) Each of the following persons who will be employed by or working for a facility manager in a position that includes the responsibility or authority specified in this subsection, regardless of job title, shall be considered key employees and shall be required to hold a current and valid temporary work permit or level I occupation license issued in accordance with the act and these regulations: (1) Any person who has authority to perform any of the following: (A) Hire or fire employees of a facility manager; (B) establish working policies for a facility manager; (C) act as the chief financial officer or have financial management responsibility for a facility manager; (D) manage all or part of a gaming facility; or (E) direct, control, manage, or engage in discretionary decision making over a facility manager;
(2) any person who has the authority to develop or administer policy or long-term plans or to make discretionary decisions about the management of a gaming facility or ancillary lottery gaming facility, including any of the following persons: (A) General manager or chief executive officer; (B) electronic gaming machine director; (C) director of surveillance; (D) director of security; (E) controller; (F) director of internal audit; (G) manager of the management information systems section or of any information system of a similar nature; (H) marketing department manager; (I) administrative operations manager; (J) hotel general manager; or (K) restaurant or bar general manager; or (3) any other person designated as a key employee by the executive director. (b) Each person whose responsibilities predominantly involve the maintenance of gaming equipment or assets associated with gaming activities or whose responsibilities predominantly involve conducting gaming activities shall obtain a temporary work permit or a level II occupation license. Each person who will be employed by or working for a facility manager in a position that includes any of the following responsibilities shall obtain a temporary work permit or a level II occupation license: (1) Supervising the pit area; (2) functioning as a dealer or croupier; (3) conducting or supervising any table game; (4) repairing and maintaining gaming equipment, including slot machines and bill validators; (5) functioning as a gaming cashier or change person; (6) assisting in the operation of electronic gaming machines and bill validators, including any person who participates in the payment of jackpots and in the process of filling hoppers, or supervising those persons; (7) identifying patrons for the purpose of offering them complimentaries, authorizing the complimentaries, or determining the amount of complimentaries; (8) analyzing facility manager operations data and making recommendations to key personnel of the facility manager relating to facility manager marketing, complimentaries, gaming, special events and player ratings, and other similar items; (9) entering data into the gaming-related computer systems or developing, maintaining, installing, or operating gaming-related computer software systems; (10) collecting and recording patron checks and personal checks that are dishonored and returned by a bank; (11) developing marketing programs to promote gaming in the gaming facility; (12) processing coins, currency, chips, or cash equivalents of the facility manager; (13) controlling or maintaining the electronic gaming machine inventory, including replacement parts, equipment, and tools used to maintain electronic gaming machines; (14) having responsibilities associated with the installation, maintenance, or operation of computer hardware for the facility manager computer system;
(continued)
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(15) providing surveillance in a gaming facility; (16) providing security in a gaming facility; (17) supervising areas, tasks, or staff within a gaming facility or ancillary lottery gaming facility operations; or (18) any other person designated by the executive director. (c) Each person who will be employed by or working for a facility manager or with an ancillary lottery gaming facility operator and who is not required under the act or these regulations to obtain a level I or level II occupation license shall obtain a temporary work permit or a level III occupation license. (Authorized by and implementing K.S.A. 2009 Supp. 74-8772; effective April 17, 2009; amended April 1, 2011.) 112-103-4. Application for a license. Each applicant for a level I, level II, or level III occupation license shall submit a completed application on a commissionapproved form to the human resources department of the facility manager with which the applicant seeks employment. The human resources staff shall ensure the forms completeness and shall submit the form to the commissions licensing staff. (Authorized by and implementing K.S.A. 2009 Supp. 74-8772; effective April 17, 2009; amended April 1, 2011.) 112-103-5. Applicant identification. (a) Each applicant shall have the responsibility to provide identification when submitting an application by presenting one of the following: (1) A current and valid state-issued drivers license that has a photograph of the applicant on the license; (2) documentation for American citizens or persons born in the United States that includes one or more of the following: (A) A certified United States birth certificate; (B) a certified birth certificate from a United States territory; (C) a current and valid United States passport or passport card; (D) a current and valid United States military card; (E) a certified order of adoption that is an original United States document; (F) a certificate of naturalization with intact photo or a certificate of United States citizenship; (G) a United States military common access card with photo, date of birth, and name and branch of service; or (H) a United States government-issued consular report of birth abroad; (3) documentation for persons not born in the United States or persons who are not American citizens that includes one or more of the following: (A) A valid foreign passport with a form I-94 or valid processed for I-551 stamp with a mandated departure date more than 60 days in the future. This shall exclude border-crossing cards; (B) a form I-94 with refugee status; (C) a valid form I-551 green card or alien registration; or (D) a valid photo employment authorization issued by the United States department of justice; or (4) documentation for proof of name change that includes one or more of the following:
(A) A certified United States marriage certificate indicating the city, county, and state where issued; (B) a certified United States divorce decree containing an official signature; (C) a certified United States court order of name change; (D) a certified court order of adoption; or (E) a marriage certificate from a foreign country. If the marriage certificate from a foreign county is not in English, the certificate shall be translated into English. (b) The facility manager shall review the identification documents, ensure to the best of that persons ability the authenticity of the documents, and ensure that the applicant is legally in the United States. (c) Each applicant shall have the responsibility to identify that person to the commission enforcement agents by submitting the applicable documents listed in this regulation, upon request. (Authorized by and implementing K.S.A. 2010 Supp. 74-8772; effective April 17, 2009; amended April 1, 2011.) 112-103-8. Disqualification criteria for a level I, level II, or level III license. (a) A level I license shall be denied or revoked by the commission if the applicant or licensee is or has been convicted of any felony, crime involving gambling, or crime of moral turpitude. (b) Any license may be denied, suspended, or revoked by the commission, and any licensee may be sanctioned by the commission if the applicant or licensee meets any of the following conditions: (1) Has knowingly provided false or misleading material information to the commission or its staff; (2) fails to notify the commission staff about a material change in the applicants or licensees application within seven days; (3) has violated any provision of the act or any regulation adopted under the act; (4) is unqualified to perform the duties required; (5) has failed to meet any monetary or tax obligation to the federal government or to any state or local government; (6) is financially delinquent to any third party; (7) has failed to provide information or documentation requested in writing by the commission in a timely manner; (8) does not consent to or cooperate with investigations, interviews, inspections, searches, or having photographs and fingerprints taken for investigative purposes; (9) has failed to meet the requirements of K.A.R. 112103-6; or (10) has any present or prior activities, criminal records, reputation, habits, or associations that meet either of the following criteria: (A) Pose a threat to the public interest or to the effective regulation of gaming; or (B) create or enhance the dangers of unfair or illegal practices in the conduct of gaming. (Authorized by and implementing K.S.A. 2009 Supp. 74-8772; effective April 17, 2009; amended April 1, 2011.) 112-103-15. License mobility; limitations. (a) Any licensee may work in any other position at or below that license level. If a licensee changes positions for more than
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one shift in a seven-day period, the facility manager shall request approval from the commissions licensing staff about the change. (b) If the commissions licensing staff determines that the persons license no longer reflects that persons actual position, the person shall be required to reapply for the appropriate occupation license. (c) Each licensee who wants to work for a different lottery gaming facility shall request approval from the commissions licensing staff before commencing employment at the other lottery gaming facility. That employee shall submit an updated license application and a personal disclosure form. (Authorized by and implementing K.S.A. 2010 Supp. 74-8772; effective April 17, 2009; amended April 1, 2011.) Article 104.MINIMUM INTERNAL CONTROL SYSTEM 112-104-1. Definitions; internal control system. (a) The following words and terms, when used in this article, shall have the following meanings unless the context indicates otherwise: (1) Accounting department means a facility managers internal department that is responsible for the management of the financial and accounting activities relating to electronic gaming machines being utilized on an approved gaming floor. (2) Asset number means a unique number assigned to an electronic gaming machine by a facility manager for the purpose of tracking the electronic gaming machine. (3) Bill validator means an electronic device designed to interface with an electronic gaming machine for the purpose of accepting and validating any combination of United States currency, gaming tickets, coupons, or other instruments authorized by the commission for incrementing credits on an electronic gaming machine. (4) Bill validator canister means a mechanical or electronic device designed to interface with an electronic gaming machine for the purpose of storing any combination of United States currency, gaming tickets, coupons, or other instruments authorized by the commission for recording credits on an electronic gaming machine. (5) Blind count means the counting of currency or gaming chips by a person who does not know the inventory balance. (6) Cash equivalents means instruments with a value equal to United States currency or coin, including certified checks, cashiers checks, travelers checks, money orders, gaming tickets, and coupons. (7) Cashiers booth means an area from which a cashier conducts transactions associated with gaming cashiers or window cashiers. (8) Change person means a person who exchanges coins, currency, and coupons with patrons. (9) Complimentary means any lodging, service, or item that is provided directly or indirectly to an individual at no cost or at a reduced cost and that is not generally available to the public. This term shall include lodging provided to a person at a reduced price due to the anticipated or actual gaming activities of that person. Group rates, including convention and government rates, shall be deemed generally available to the public.
(10) Count room means a room secured by keys controlled by two separate facility manager departments with limited access, where the contents, including currency, gaming tickets, and coupons, of bill validator canisters are counted by the count team. (11) Currency counters means a device that counts currency and tickets. (12) Critical program storage media and CPSM mean any media storage device that contains data, files, or programs and is determined by the commission to be capable of affecting the integrity of gaming. (13) Drop means the total amount of money, tickets, and coupons removed from any lottery facility game or kiosk. (14) Drop team means the group of employees of a facility manager who participate in the transportation of the drop. (15) EGM means electronic gaming machine. (16) Gaming day means a period not to exceed 24 hours corresponding to the beginning and ending times of gaming activities for the purpose of accounting reports and determination by the central computer system of net lottery facility game income. (17) Generally accepted accounting principles and GAAP have the meaning specified in K.A.R. 74-5-2. (18) Imprest means the basis on which the operating funds of general cashiers and gaming cashiers are maintained. The opening and closing values shall be equal, and any difference shall result in a variance. The funds may be replenished as needed in exactly the value of the net of expenditures made from the funds for value received. (19) Incompatible functions means functions or duties that place any person or department in a position to perpetuate and conceal errors, fraudulent or otherwise. (20) LFG means lottery facility game. (21) Main bank means the central location in the gaming facility where acts that include the following are performed: (A) Transactions for recording currency, coin, tokens, cash equivalents, and negotiable instruments; (B) preparation of bank deposits; (C) acceptance of currency from the count room; and (D) reconciliation of all cage transactions. (22) Trolley means a wheeled apparatus used for the secured transport of electronic gaming cash storage boxes and drop boxes. (23) Unclaimed winnings means gaming winnings that are held by the facility manager as a liability to a patron until that patron is paid. (24) Unredeemed ticket means a ticket issued from an LFG containing value in U.S. dollars that has not been presented for payment or accepted by a bill acceptor at a gaming machine and has not been marked as paid in the ticket file. (25) Weigh scale means a scale that is used to weigh coins and tokens and that converts the weight to dollar values in the count process. (b) Each applicant for a facility manager certificate shall submit to the commission and the Kansas lottery a written plan of the applicants initial system of administrative
(continued)
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and accounting procedures, including its internal controls and audit protocols, at least 180 days before opening a gaming facility, unless the executive director finds good cause for a shorter deadline. This plan shall be called the internal control system and shall include the following: (1) Organization charts depicting segregation of functions and responsibilities; (2) a description of the duties and responsibilities of each licensed or permitted position shown on the organization charts and the lines of authority; (3) a detailed narrative description of the administrative and accounting procedures designed to satisfy the requirements of this article; (4) a record retention policy in accordance with K.A.R. 112-104-8; (5) procedures to ensure that assets are safeguarded and counted in conformance with effective count procedures; (6) the following controls and procedures: (A) Administrative controls that include the procedures and records that relate to the decision making processes leading to managements authorization of transactions; (B) accounting controls that have as their primary objectives the safeguarding of assets and revenues and the reliability of financial records. The accounting controls shall be designed to provide reasonable assurance that all of the following conditions are met: (i) The transactions or financial events that occur in the operation of an LFG are executed in accordance with managements general and specific authorization; (ii) the transactions or financial events that occur in the operation of an LFG are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles, the act, and this article; (iii) the transactions or financial events that occur in the operation of an LFG are recorded in a manner that provides reliable records, accounts and reports, including the recording of cash and evidence of indebtedness, for use in the preparation of reports to the commission related to LFGs; (iv) the transactions or financial events that occur in the operation of an LFG are recorded to permit proper and timely reporting and calculation of net LFG income and fees to maintain accountability for assets; (v) access to assets is permitted only in accordance with managements general and specific authorization; and (vi) the recorded accountability for assets is compared with existing physical assets at reasonable intervals, and appropriate action is taken with respect to any discrepancies; (C) procedures and controls for ensuring that all functions, duties, and responsibilities are segregated and performed in accordance with legitimate financial practices by trained personnel; (D) procedures and controls for ensuring all applicable technical standards as adopted by the commission under article 110 are followed; (7) a completed internal control checklist; and (8) any other items that the commission may require to be included in the internal controls.
(c) The internal control system shall be accompanied by the following: (1) An attestation by the chief executive officer or other competent person with a direct reporting relationship to the chief executive officer attesting that the officer believes in good faith that the submitted internal controls conform to the requirements of the act and this article; and (2) an attestation by the chief financial officer or other competent person with a direct reporting relationship to the chief financial officer attesting that the officer believes in good faith that the submitted internal controls are designed to provide reasonable assurance that the financial reporting conforms to generally accepted accounting principles and complies with all applicable laws and regulations, including the act and this article. (d) Each internal control system shall be reviewed by the commission in consultation with the Kansas lottery to determine whether the system conforms to the requirements of the act and this article and provides adequate and effective controls to ensure the integrity of the operation of LFGs at a gaming facility. If the commission determines that the system is deficient, a written notice of the deficiency shall be provided by the executive director to the applicant or facility manager. The applicant or facility manager shall be allowed to submit a revision to its submission. Each facility manager shall be prohibited from commencing gaming operations until its internal control system is approved by the commission. (e) If a facility manager intends to update, change, or amend its internal control system, the facility manager shall submit to the commission for approval and to the Kansas lottery a written description of the change or amendment and the two original, signed certifications described in subsection (c). (f) A current version of the internal control system of a facility manager shall be maintained in or made available in electronic form through secure computer access to the accounting and surveillance departments of the facility manager and the commissions on-site facilities. The facility manager shall also maintain a copy, in either paper or electronic form, of any superseded internal control procedures, along with the two certifications required to be submitted with these procedures, for at least seven years. Each page of the internal control system shall indicate the date on which the page was approved by the commission. (Authorized by and implementing K.S.A. 2009 Supp. 74-8772; effective Sept. 26, 2008; amended April 1, 2011.) 112-104-8. Retention, storage, and destruction of books, records, and documents. (a) Each facility managers internal control system shall include internal controls for retention, storage, and destruction of books, records, and documents. (b) For the purposes of this regulation, books, records, and documents shall mean any book, record, or document pertaining to, prepared in, or generated by the operation of the gaming facility, including all forms, reports, accounting records, ledgers, subsidiary records, computer-generated data, internal audit records, correspondence, and personnel records required by this article to
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be generated and maintained by this article. This definition shall apply without regard to the medium through which the record is generated or maintained, including, paper, magnetic media, and encoded disk. (c) The facility manager shall ensure that all original books, records, and documents pertaining to the operation of a gaming facility meet the following requirements: (1) Are prepared and maintained in a complete, accurate, and legible form. Electronic data shall be stored in a format that ensures readability, regardless of whether the technology or software that created or maintained the data has become obsolete; (2) are retained at the site of the gaming facility or at another secure location approved under subsection (e); (3) are kept available for inspection by agents of the commission and the Kansas lottery during all hours of operation; (4) are organized and indexed in a manner to provide accessibility upon request to agents of the commission and the Kansas lottery; and (5) are destroyed only after expiration of the minimum retention period specified in subsection (d). However, upon the written request of a facility manager and for good cause shown, the destruction at an earlier date may be permitted by the executive director. (d) Each facility manager shall retain the original books, records, and documents for at least seven years, with the following exceptions: (1) Gaming tickets reported to the commission as possibly counterfeit, altered, or tampered with shall be retained for at least two years. (2) Coupons entitling patrons to cash or LFG credits, whether unused, voided, or redeemed, shall be retained for at least six months. (3) Voided gaming tickets and gaming tickets redeemed at a location other than an LFG or a kiosk shall be retained for at least six months. (4) Gaming tickets redeemed at an LFG or a kiosk shall be retained for at least 30 days. (e) Any facility manager may request, in writing, that the executive director approve a location outside the gaming facility to store original books, records, and documents. The request shall include the following: (1) A detailed description of the proposed off-site facility, including security and fire safety systems; and (2) the procedures under which the commission and the Kansas lottery will be able to gain access to the original books, records, and documents retained at the offsite facility. (f) Any facility manager may request in writing that the executive director approve an unalterable media system for the copying and storage of original books, records, and documents. The request shall include a description of the following: (1) The processing, preservation, and maintenance methods that will be employed to ensure that the books, records, and documents are available in a format that makes them readily available for review and copying; (2) the inspection and quality control methods that will be employed to ensure that the media, when displayed on a viewing machine or reproduced on paper, exhibit a high degree of legibility and readability;
(3) the accessibility by the commission and the Kansas lottery at the gaming facility or other location approved by the executive director and the readiness with which the books, records, or documents being stored on media can be located, read, and reproduced; and (4) the availability of a detailed index of all stored data maintained and arranged in a manner to permit the location of any particular book, record, or document, upon request. (g) Nothing in this regulation shall be construed as relieving a facility manager from meeting any obligation to prepare or maintain any book, record, or document required by any other federal, state, or local governmental body, authority, or agency. (Authorized by and implementing K.S.A. 2009 Supp. 74-8772; effective Sept. 26, 2008; amended April 1, 2011.) 112-104-13. Patron deposits. (a) Each facility managers internal control system shall include internal controls for the receipt and withdrawal of patron deposits. The internal controls shall be submitted to and approved by the commission according to K.A.R. 112-104-1. (b) At the request of a patron, a facility manager may hold cash, funds accepted by means of wire transfer in accordance with K.A.R. 112-104-11, or cash equivalents accepted in accordance with K.A.R. 112-104-12 for a patrons subsequent use for gaming purposes. For the purposes of this regulation, non-cash items shall be considered converted to cash and deposited as cash for credit to the patron in a patron deposit account maintained in the cage. (c) The internal controls developed and implemented by the facility manager under subsection (a) shall include the following: (1) A requirement that patron deposits be accepted at the cage according to the following requirements: (A) A file for each patron shall be prepared manually or by computer before the acceptance of a cash deposit from a patron by a gaming cashier, and the file shall include the following: (i) The name of the patron; (ii) a unique identifying number obtained from a United States government-issued photo identification card or a government-issued passport; (iii) the date and amount of each cash deposit initially accepted from the patron; (iv) the date and amount of each request accepted from the patron, as a draw against a cash deposit; and (v) the date and amount of each cash deposit redemption; (B) the gaming cashier accepting a deposit shall prepare a patron deposit form and other necessary documentation evidencing the receipt; (C) patron deposit forms shall be serially prenumbered, each series of patron deposit forms shall be used in sequential order, and the series number of all patron deposit forms shall be accounted for by employees with no incompatible function. All original and duplicate void patron deposit forms shall be marked void and shall require the signature of the preparer; (D) for establishments in which patron deposit forms are manually prepared, a prenumbered two-part form shall be used;
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(E) for establishments in which patron deposit forms are computer-prepared, each series of patron deposit forms shall be a two-part form and shall be inserted in a printer that will simultaneously print an original and duplicate and store, in machine-readable form, all information printed on the original and duplicate. The stored data shall not be susceptible to change or removal by any personnel after preparation of a patron deposit form; (F) on the original and duplicate of the patron deposit form, or in stored data, the gaming cashier shall record the following information: (i) The name of the patron making the deposit; (ii) a unique identifying number obtained from a United States government-issued photo identification card or a government-issued passport; (iii) the total amount being deposited; (iv) the date of deposit; (v) the signature of the gaming cashier or, if computerprepared, the identification code of the gaming cashier; and (vi) nature of the amount received, including cash, cash equivalents, wire transfer, or electronic fund transfer; and (G) after preparation of the patron deposit form, the gaming cashier shall obtain the patrons signature on the duplicate copy and shall distribute the copies in the following manner: (i) If an original, give a copy to the patron as evidence of the amount placed on deposit with the facility manager; and (ii) if a duplicate copy, forward the copy along with any other necessary documentation to the main bank cashier, who shall maintain the documents; (2) a requirement that patron deposits be withdrawn by the patron at the cage or upon receipt by the facility manager of a written request for withdrawal whose validity has been established: (A) A patron shall be allowed to use the deposit by supplying information as required by K.A.R. 112-104-10 to verify the patrons identification: (i) The gaming cashier shall ascertain, from the cage, the amount of the patron deposit available and request the amount the patron wishes to use against this balance. The gaming cashier shall prepare a patron deposit withdrawal form, which shall include the signature of the patron; and (ii) the gaming cashier shall verify the signature on the patron deposit withdrawal form with the signature on the patron deposit form and sign the patron deposit withdrawal form to indicate verification; (B) the patrons deposit balance shall be reduced by an amount equal to that on the patron deposit withdrawal form issued at the cage; (C) a patron may obtain a refund of any unused portion of the patrons funds on deposit by performing either of the following: (i) Sending the facility manager a signed, written request for a refund together with a signed, original patron deposit form; or (ii) appearing personally at the cage, requesting the refund, and returning an the original patron deposit form; (D) once the original patron deposit form is presented at a cage, a gaming cashier shall perform the following:
(i) Verify the unused balance with the main bank gaming cashier; (ii) require the patron to sign the original of the patron deposit form; (iii) prepare necessary documentation evidencing the refund, including a patron deposit withdrawal form or any other similar document that evidences the date and shift of preparation, the amount refunded, the nature of the refund made, the patrons name, and the signature of the gaming cashier preparing the documentation; and (iv) verify the patrons identity with a United States government-issued photo identification card or a government-issued passport; (E) the gaming cashier shall forward each original patron deposit form tendered by the patron pursuant to paragraph (c)(2)(D), along with any other necessary documentation, to the main bank gaming cashier, who shall compare the patrons signature on the original patron deposit form and any attached written, signed request required by paragraph (c)(2)(A)(i) to the patrons signature on the duplicate patron deposit form and on the original patron deposit withdrawal form. The main bank gaming cashier shall sign the original patron deposit form if the signatures are in agreement, notify the gaming cashier of the results of the comparison, and maintain the original patron deposit form and the documentation supporting the signature verification; and (F) if the patron has requested the return of the patrons original deposit, the main bank gaming cashier shall return the patrons original patron deposit form to the gaming cashier. After the main bank gaming cashier has notified the gaming cashier that the signatures contained in paragraph (c)(2)(E) are a match, the gaming cashier shall then refund the unused balance of the deposit to the patron and, if applicable, return the original patron deposit form to the patron. The gaming cashier shall maintain any necessary documentation to support the signature verification and to evidence the refund; (3) a requirement that the patron receive a receipt for any patron deposit accepted reflecting the total amount deposited, the date of the deposit, and the signature of the cage employee accepting the patron deposit; and (4) procedures for verifying the identity of the patron at the time of withdrawal. Signature verification shall be accomplished in accordance with the signature verification procedures under K.A.R. 112-104-10. The facility manager shall maintain adequate documentation evidencing the patron identification process and the procedure for signature verification: (A) A log of all patron deposits received and returned shall be prepared manually or by a computer on a daily basis by main bank gaming cashiers. The log shall include the following: (i) The balance of the patron deposits on hand in the cage at the beginning of each shift; (ii) for patron deposits received and refunded, the date of the patron deposit or refund, the patron deposit number, the name of the patron, and the amount of the patron deposit or refund; and (iii) the balance of the patron deposits on hand in the cage at the end of each shift; and
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(B) the balance of the patron deposits on hand in the cage at the end of each shift shall be recorded as an outstanding liability and accounted for by the main bank gaming cashier. (Authorized by and implementing K.S.A. 2009 Supp. 74-8772; effective Sept. 26, 2008; amended April 1, 2011.) 112-104-14. Cage and main bank. (a) Each facility managers internal control system shall include internal controls for the cage and the main bank. The internal controls shall be submitted to and approved by the commission according to K.A.R. 112-104-1. Each gaming facility shall have, adjacent to the gaming floor, a physical structure known as a cage. The cage shall house the cashiers and serve as the central location in the gaming facility for functions normally associated with the cage and the main bank, including the following: (1) The custody of the cage inventory comprised of cash, cash equivalents, gaming chips, and the forms, documents, and records normally associated with the functions of a cage; (2) the issuance, receipt, and reconciliation of imprest funds used by gaming cashiers, parimutuel tellers, and change persons in the acceptance of currency and coupons from patrons in exchange for currency; (3) the exchange of currency, coin, gaming chips, and coupons for supporting documentation; (4) the responsibility for the overall reconciliation of all documentation generated by gaming cashiers, parimutuel tellers, and change persons; and (5) the receipt of currency, coupons, and tickets from the count room. (b) The cage and the main bank shall provide maximum security for the materials housed, the employees located, and the activities performed in the cage and the main bank. The cage and the main bank shall meet all of the following requirements, at a minimum: (1) The cage and the main bank shall be fully enclosed except for openings through which materials, including cash, records, and documents, can be passed to patrons, gaming cashiers, parimutuel tellers, and change persons. (2) The cage and the main bank shall have manually triggered silent alarm systems located at the cashiers window, vault, and in adjacent office space. The systems shall be connected directly to the monitoring room of the surveillance department and to the security department. (3) The cage shall have a double-door entry and exit system that does not permit a person to pass through the second door until the first door is securely locked. In addition, all of the following requirements shall apply: (A) The first door leading from the gaming floor of the double-door entry and exit system shall be controlled by the surveillance department through a commission-approved electronic access system designed and administered to provide a record of each entry authorization, including the authorizing employees name and license number and the date and time of the authorization. (B) The second door of the double-door entry and exit system shall be controlled by the cage through a commission-approved electronic access system designed and administered to provide a record of each entry authorization, including the authorizing employees name and license number and the date and time of authorization.
(C) The double-door entry and exit system shall have surveillance coverage, which shall be monitored by the surveillance department. (D) An entrance to the cage that is not a double-door entry and exit system shall be an alarmed emergency exit door only. (4) Each door of the double-door entry and exit system shall have two separate commission-approved locking mechanisms. (c) Any gaming facility may have one or more satellite cages separate and apart from the cage, established to maximize security, efficient operations, or patron convenience. The employees in a satellite cage may perform all of the functions of the employees in the cage. Each satellite cage shall be equipped with an alarm system in compliance with paragraph (b)(2). The functions that are conducted in a satellite cage shall be subject to the accounting controls applicable to a cage specified in K.A.R. 112-104-16. (d) Each facility manager shall maintain and make available to the commission, upon request, a detailed and current list of the name of each employee meeting either of the following conditions: (1) Possessing the combination to the locks securing the double-door entry and exit system restricting access to the cage and the main bank, any satellite cage, and the vault; or (2) possessing the ability to activate or deactivate alarm systems for the cage, the main bank, any satellite cage, and the vault. (Authorized by and implementing K.S.A. 2009 Supp. 74-8772; effective Sept. 26, 2008; amended April 1, 2011.) 112-104-15. Count room and main bank requirements. (a) Each facility manager shall have a count room and a main bank. The count room and the main bank shall be adjacent to the cage. (b) Each count room and main bank shall meet both of the following requirements: (1) Both rooms shall have a metal door for each entrance and exit. Each of these doors shall be equipped with an alarm device that audibly signals the surveillance department monitoring room and the security department whenever the door is opened at times other than those times for which the facility manager has provided prior notice according to K.A.R. 112-104-20. (2) Each entrance and exit door shall be equipped with two separate commission-approved locking mechanisms. The combinations shall be maintained and controlled as follows: (A) One of the commission-approved locking mechanisms shall be controlled by the surveillance department. (B) Each entry shall be maintained in a log indicating the name and license number of each employee who entered the count room or the main bank and the date and time of the entry. (c) The following shall be located within the count room: (1) A table constructed of clear glass or similar material for the emptying, counting, and recording of the contents of bill validator canisters; and
(continued)
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(2) surveillance cameras capable of video monitoring the following: (A) The entire count process; and (B) the interior of the count room, including any storage cabinets or trolleys used to store bill validator canisters, and any commission-approved trolley storage area located adjacent to the count room. (d) The following shall be located within the main bank: (1) A vault or locking cabinets, or both, for the storage of currency and gaming chips; and (2) surveillance cameras capable of video monitoring the following: (A) Interior of the vault room, including unobstructed views of counting surfaces; (B) the exchange of currency, gaming chips, and documentation through any openings; and (3) a secure opening through which only currency, gaming chips, and documentation can be passed to gaming cashiers, parimutuel tellers, and change persons. (Authorized by and implementing K.S.A. 2009 Supp. 74-8772; effective Sept. 26, 2008; amended April 1, 2011.) 112-104-16. Accounting controls for the cage and main bank. (a) Each facility managers internal control system shall include internal controls for cage and main bank accounting. The internal controls shall be submitted to and approved by the commission according to K.A.R. 112-104-1. If the facility manager elects to use a satellite cage, the same requirements shall apply. (b) The facility manager shall provide the commission with the start and end times of each cage and main bank shift. (c) The assets for which gaming cashiers are responsible shall be maintained on an imprest basis and protected from unauthorized access. Gaming cashiers shall lock and secure any assets that are outside of their direct physical control. (1) Before redeemed tickets are transferred from a cage window to the main bank, the gaming cashier shall prepare an automated system report of the total number and value of the tickets redeemed at that window and compare that report to physical tickets being transferred to ensure that they match. Before reimbursing the cashier, the main bank cashier shall total the tickets received to verify that the dollar amount matches the amount on the gaming cashiers report or shall compare the tickets to the report to ensure that all tickets are present. (2) Only tickets redeemed in the system shall be forwarded to accounting. If the online validation system ceases to function through the end of the gaming day and the cage is unable to redeem in the system any tickets received in the cage that day, these unredeemed tickets shall have the bar code manually canceled by completely filling in one space of the bar code with a black permanent marker before being forwarded to accounting to prevent subsequent automated redemption. (3) At the end of each shift, the outgoing gaming cashier shall count all assigned assets and prepare and sign a bank count sheet listing the inventory. A reconciliation of the opening imprest amount to the closing inventory total shall be performed. Any variance shall be documented on the count sheet.
(4) The incoming gaming cashier shall verify by blind count the closing inventory and sign the count sheet in the presence of the outgoing gaming cashier, attesting to accuracy of the information recorded on the sheet. If there is no incoming gaming cashier, a gaming cashier supervisor or the most senior supervisor in the department shall verify by blind count the closing inventory and sign the count sheet in the presence of the outgoing gaming cashier, attesting to accuracy of the information recorded on the sheet. At the completion of each shift, the cashier count sheets shall be forwarded to the main bank cashier. (d) If an imprest bank has not been opened for use, a main bank cashier or supervisor shall count and verify the imprest bank and complete a count sheet at least once every seven days. (e) At the opening of every shift, in addition to the imprest funds normally maintained by gaming cashiers, each facility manager shall have in the cage a reserve cash bankroll sufficient to pay winning patrons. (f) The cage, any satellite cage, and the main bank shall be physically segregated by personnel and function as follows: (1) Gaming cashiers shall operate with individual imprest inventories of cash, and their functions shall include the following: (A) The receipt of cash and cash equivalents from patrons in exchange for cash according to K.A.R. 112-10412; (B) the receipt of personal checks for gaming and nongaming purposes from patrons in exchange for cash, subject to any limitations on amount required by the commission according to K.A.R. 112-104-10; (C) the receipt of cash, cash equivalents, checks issued by the facility manager, annuity jackpot checks, wire transfers, and cashless fund transfers from patrons to establish a patron deposit according to K.A.R. 112-104-13; (D) the receipt of patron deposit forms from patrons in exchange for cash according to K.A.R. 112-104-13; (E) the preparation of jackpot payout slips in accordance with this regulation and K.A.R. 112-104-21; (F) the receipt of gaming tickets from patrons or from authorized employees who received gaming tickets as gratuities, in exchange for cash; and (G) the issuance of cash to automated bill breaker, gaming ticket, coupon redemption, and jackpot payout machines in exchange for proper documentation. (2) The main bank cashier functions shall include the following: (A) The receipt of cash, cash equivalents, gaming tickets, jackpot payout slips, and personal checks received for gaming and non-gaming purposes from gaming cashiers in exchange for cash; (B) the receipt of cash from the count rooms; (C) the receipt of personal checks accepted for gaming and non-gaming purposes from gaming cashiers for deposit; (D) the preparation of the overall cage reconciliation and accounting records. All transactions that are processed through the main bank shall be summarized on a vault accountability form and be supported by documentation according to the following:
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(i) At the end of each shift, the outgoing main bank cashier shall count the inventory and record the inventory detail and the total inventory on a vault accountability form. The main bank cashier shall also record the amount of each type of accountability transaction, the opening balance, the closing balance, and any variance between the counted inventory and the closing balance. If there is more than one main bank cashier working during a shift, each cashier shall participate in the incoming count and the outgoing count for that shift; and (ii) a blind count of the inventory shall be performed by the incoming main bank cashier. The incoming main bank cashier shall sign the completed vault accountability form attesting to the accuracy of the information in the presence of the outgoing main bank cashier. If there is no incoming main bank cashier, a cage supervisor shall conduct the blind count and verification and sign the completed vault accountability form in the presence of the outgoing main bank cashier; (E) the preparation of the daily bank deposit for cash, cash equivalents, and personal checks; (F) the issuance, receipt, and reconciliation of imprest funds used by gaming cashiers, parimutuel tellers, and change persons; (G) the collection of documentation that is required by these regulations to establish the segregation of functions in the cage; (H) the responsibility for the reserve cash bankroll; (I) the receipt of unsecured currency and unsecured gaming tickets and preparation of related reports; and (J) the issuance, receipt, and reconciliation of imprest funds used by any redemption kiosk, which shall be done according to the following requirements: (i) Redemption kiosks shall be maintained on an imprest basis on the main bank accountability form and shall be counted down and reconciled within 24 hours of adding funds to or removing funds from the redemption kiosk. In order to reconcile the redemption kiosk, all currency, tickets, and coupons remaining in the redemption kiosk shall be removed, counted, and compared to the redemption kiosk report that lists the amount of each item that should have been in the redemption kiosk. Each redemption kiosk shall be reconciled at least once every three days regardless of activity at that kiosk. If redemption kiosks are used for any other type of transaction, including providing automated teller machine functions, corresponding reports shall be printed and reconciled during the kiosk reconciliation. The internal controls shall include a record of the name of each person who performs the count and reconciliation. All kiosk counts shall be performed under dedicated surveillance coverage in the count room or main bank and shall be documented. The reconciliation of the redemption kiosk shall be documented and signed by the employee performing the reconciliation; (ii) the main bank shall have a designated area for the preparation of currency cassettes and a designated storage area for cassettes that contain cash. Both locations shall be described in the internal controls. The designated preparation area shall have overhead, dedicated surveillance coverage. The storage area of the cassettes shall have dedicated surveillance coverage to record the stor-
age and retrieval of currency cassettes. The storage area shall be locked when cassettes are not being removed or added to the area. Empty currency cassettes shall not be stored with the currency cassettes containing cash; (iii) all currency cassettes used in kiosks shall be filled with currency by a main bank cashier. The amount of currency to be placed in the cassettes shall be counted by the main bank cashier and placed in the cassette. A prenumbered tamper-resistant seal that secures the cash in each cassette shall be immediately placed on the cassette. The type of seal shall be submitted to the commission director of security for prior approval. All cassettes that contain currency and are not immediately placed in a kiosk shall be stored in the designated storage area; (iv) a currency cassette log shall be maintained and updated each time currency cassettes are sealed. The log shall contain the following information: date, time, seal number, cassette number, amount of currency in the cassette, denomination of currency in the cassette, and signature of the main bank cashier who prepared the cassette; (v) each cassette shall be labeled with the required dollar denomination for that cassette and a unique cassette number. The label shall be clearly visible to surveillance during the fill process; (vi) each individual transporting currency cassettes outside of the cage shall be escorted by security; (vii) only cassettes properly prepared and sealed in the main bank shall be used to place currency in the redemption kiosk. A seal may be broken before the count and reconciliation only if there is a machine malfunction. If a seal must be broken before the redemption kiosk is reconciled due to a malfunction, the cassette shall be brought to the main bank with security escort before the seal is broken. The seal shall be broken under surveillance coverage. Once the cassette is repaired, the funds shall be recounted and resealed by the main bank cashier; (viii) the individual who removed the seal on the cassette in order to perform the count of the cassettes shall record the seal number of all cassettes used in the kiosk since the last reconciliation on the count and reconciliation documentation; (ix) the individual who reconciles the redemption kiosk shall not be one of the individuals who initially prepared the currency in any of the cassettes used in the kiosk since the last reconciliation; and (x) if cassettes need to be replaced during the gaming day before the redemption kiosk is dropped and reconciled, the individual cassettes that are replaced and that still contain currency shall be locked in a storage area designated in the internal controls. This storage area shall be separate from the storage area of filled cassettes. (g)(1) Whenever a gaming cashier, parimutuel teller, or change person exchanges funds with the main bank cashier, the cashier shall prepare a two-part even exchange form. The form shall include the following, at a minimum: (A) The date of preparation; (B) the window location; (C) a designation of which items are being sent to or received from the main bank;
(continued)
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(D) the type of items exchanged; (E) the total of the items being exchanged; (F) the signature of the cashier preparing the form requesting the exchange; and (G) the signature of the cashier completing the exchange. (2) If the exchange is not physically between a gaming cashier, parimutuel teller, or change person and the main bank, the exchange shall be transported by a representative of the security department, who shall sign the form upon receipt of the items to be transported. (h) Overages and shortages per employee shall be documented on a cage or bank variance slip, which shall be signed by the responsible cashier and that persons supervisor. Each variance in excess of $50 shall be investigated and the result of the investigation shall be documented. If there is a variance of $500 or more, the commission agent on duty shall be informed within 24 hours. Repeated shortages by an employee totaling $500 or more over any seven-day period shall be reported to the commission agent on duty within 24 hours. (i) All cashiers paperwork shall include the date, shift of preparation, and location for which the paperwork was prepared. (j) At the end of each gaming day, the cashiers original bank count sheet, vault accountability form, and related documentation shall be forwarded to the accounting department for verification of agreement of the opening and closing inventories, agreement of amounts on the sheets with other forms, records, and documents required by this article, and recording transactions. (k) Each facility manager shall establish a training program for gaming cashiers and main bank cashiers, which shall include written standard operating procedures. No cashier shall be allowed to individually perform gaming cashier duties until the cashier has completed at least 40 hours of training. No cashier shall be allowed to individually perform main bank cashier duties until the cashier has completed at least 80 hours of training. (l) Each gaming facility employee shall clear that individuals hands in view of all persons in the immediate area and surveillance immediately after the handling of any currency or gaming chips within the cage, main bank, or count room. (m) No employee shall be permitted to carry a pocketbook or other personal container into any cashiering area unless the container is transparent. All trash shall be placed in a transparent container or bag and inspected by security when removed from the cashiering area. (Authorized by and implementing K.S.A. 2009 Supp. 74-8772; effective Sept. 26, 2008; amended April 1, 2011.) 112-104-32. Unclaimed winnings. (a) Each facility managers internal control system shall include internal controls for unclaimed winnings. The internal controls shall be submitted to and approved by the commission according to K.A.R. 112-104-1. (b) All winnings, whether property or cash, that are due and payable to a known patron and remain unclaimed shall be held in safekeeping for the benefit of the known patron. (c)(1) If winnings have not been provided to a known patron, the facility manager shall prepare a winner re Kansas Secretary of State 2011
ceipt form. The form shall be a two-part, serially prenumbered form and shall contain the following: (A) The name and address of the patron; (B) a unique identifying number obtained from a United States government-issued photo identification card or a government-issued passport; (C) the date and time the winning occurred; and (D) the LFG upon which the win occurred, including the following: (i) The LFG asset number; (ii) the location; and (iii) the winning combination. (2) The two-part receipt form shall be distributed as follows: (A) The preparer of the original shall send the original to the gaming cashier responsible for maintaining safekeeping balances. (B) The duplicate shall be presented to the winning patron, who shall be required to present the duplicate receipt before being paid the winning amount due. (d) Each facility manager shall be required to use its best efforts to deliver the winnings to the patron. The facility manager shall maintain documentation of all efforts to provide the patron with the unclaimed winnings. Documentation shall consist of letters of correspondence or notation of telephone calls or other means of communication used in the attempt to provide the winnings to the patron. (e) Each winning patron shall collect that patrons winnings by presenting to a gaming cashier the duplicate copy of the winner receipt form signed in the presence of the gaming cashier. The gaming cashier shall obtain the original winner receipt form from safekeeping and compare the signature on the original to the signature on the duplicate receipt form. The gaming cashier shall sign the original winner receipt form, attesting that the signatures on the original and duplicate receipt forms agree, and then distribute the winnings to the patron. (f) The gaming cashier shall retain the original receipt form as evidence of the disbursement from the gaming cashiers funds. The duplicate receipt form shall be placed in a box for distribution to accounting by security or someone who did not participate in the transaction. (g) Undistributed winnings of any known patron held in safekeeping for 12 months or longer shall revert to the Kansas state treasurers office in accordance with unclaimed property laws after reasonable efforts to distribute the winnings to the known patron, as determined from review of the documentation maintained. (h)(1) If the identity of any patron who wins more than $1,200 is not known, the facility manager shall be required to make a good faith effort to learn the identity of the patron. If the identity of the patron is determined, the facility manager shall comply with subsections (b) through (g). (2) If a patrons identity cannot be determined after 180 days from the time the patrons winnings were payable, the winnings shall be distributed according to the formula contained in the gaming facilitys management contract. (Authorized by and implementing K.S.A. 2009 Supp. 74-8772; effective Sept. 26, 2008; amended April 1, 2011.)
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112-105-1. Security department. (a) Each facility manager shall have a security department that is responsible for the security of the gaming facility. The facility manager, through its security department, shall do the following: (1) Protect the people in the gaming facility; (2) safeguard the assets within the gaming facility; (3) protect the patrons, employees, and property from illegal activity; (4) assist with the enforcement of all applicable laws and regulations; (5) prevent persons who are under 21 years old from gambling or entering gaming areas; (6) detain any individual if a commission enforcement agent so requests or if there is reason to believe that the individual is in violation of the law or gaming regulations; (7) record any unusual occurrences, including suspected illegal activity; (8) identify and remove any person who is required to be excluded pursuant to article 111 or 112; (9) report security violations or suspected illegal activity to the commission security staff within 24 hours; (10) report to the commissions security staff, within 24 hours, any facts that the facility manager has reasonable grounds to believe indicate a violation of law, violation of the facility managers minimum internal control standards, or violation of regulations committed by any facility manager, including the performance of activities different from those permitted under that persons license or certificate; (11) notify commission security staff, within 24 hours, of all inquiries made by law enforcement officials and any inquiries made concerning the conduct of a person with a license or certificate; and (12) establish and maintain procedures for handling the following: (A) Identification badges; (B) incident reports; (C) asset protection and movement on the property; (D) power or camera failure; (E) enforcement of the minimum gambling age; (F) firearms prohibition; (G) alcoholic beverage control; (H) disorderly or disruptive patrons; (I) trespassing; (J) eviction; (K) detention; and (L) lost or found property. (b) No firearms shall be permitted within a gaming facility except for the following: (1) Kansas racing and gaming commission enforcement agents; (2) law enforcement officers who are on duty and within their jurisdiction; or (3) trained and certified guards employed by an armored car service while on duty and working for a licensed non-gaming supplier company. (Authorized by and implementing K.S.A. 2009 Supp. 74-8772; effective Sept. 26, 2008; amended April 1, 2011.)
112-105-2. Security plan. (a) Each applicant for a facility manager certification shall submit a security plan to the commission at least 120 days before the proposed opening of a racetrack gaming facility or lottery gaming facility. The plan shall be consistent with the applicants contractual obligations with the Kansas lottery. (b) A facility manager shall not commence gaming operations until its security plan has been approved by the commission. (c) To be approved, the security plan shall include the following: (1) An organizational chart showing all positions in the security department; (2) a description of the duties and responsibilities of each position shown on the organizational chart; (3) the administrative and operational policies and procedures used in the security department; (4) a description of the training required for security personnel; (5) a description of the location of each permanent security station; (6) the location of each security detention area; (7) provisions for security staffing; and (8) the emergency operations plan required by K.A.R. 112-105-3. (d) All amendments to the security plan shall be submitted to the commission for approval at least 30 days before the date of desired implementation. (Authorized by and implementing K.S.A. 2009 Supp. 74-8772; effective Sept. 26, 2008; amended April 1, 2011.) 112-105-3. Emergency operations plan. (a) The director of security in the security department shall maintain an emergency operations plan, including evacuation procedures, to deal with the following: (1) The discovery or threat of an explosive device on the property; (2) a fire or fire alarm; (3) a terrorist threat directed at the property; (4) severe storms; (5) the threat or use of an unauthorized firearm or any other weapon, as described in K.S.A. 21-4201 and amendments thereto; and (6) any other event for which the applicant determines that prior planning is reasonable. (b) When the applicant establishes the emergency operations plan, the safety of patrons and personnel shall be the first priority. (c) The director of security shall ensure that the commissions security staff at the facility are notified of any emergency situation at that time. (d) All amendments to the emergency operations plan shall be submitted to the commission for approval at least 30 days before the desired date of implementation. (Authorized by and implementing K.S.A. 2010 Supp. 74-8772; effective Sept. 26, 2008; amended April 1, 2011.) Article 106.SURVEILLANCE 112-106-1. Surveillance system. (a) A facility manager or applicant for a facility manager certification shall have a surveillance system before beginning gaming op(continued)
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erations. The surveillance system shall include a digital video system capable of the following: (1) Instant replay; (2) recording by any camera in the system; and (3) allowing simultaneous and uninterrupted recording and playback. (b) The surveillance system shall include a communication system capable of monitoring the gaming facility, including the security department. (c) The surveillance system shall be connected to all facility alarm systems. (d) The surveillance system shall be capable of monitoring the entire property, except private offices and restrooms. (e) The surveillance system shall include the following features: (1) Redundant system drives; (2) a backup power supply capable of operating all surveillance equipment during a power outage. The backup power supply shall be tested on a monthly basis; (3) backup storage components that will automatically continue or resume recording in the event of failure of any single component of the system, so that the failure of any single component will not result in the loss of any data from the system; and (4) automatic restart if a power failure occurs. (f) The digital video system shall meet the following requirements: (1) Function as a closed network; (2) have its access limited to the personnel identified in the surveillance system plan; (3) be equipped to ensure that any transmissions are encrypted, have a firewall at both ends, and are password-protected; (4) be equipped with a failure notification system that provides an audible and visual notification of any failure in the surveillance system or the digital video recording storage system; (5) record all images and audit records on a hard drive; (6) be locked by the manufacturer to do the following: (A) Disable the erase and reformat functions; and (B) prevent access to the system data files; and (7) be equipped with data encryption or watermarking so that surveillance personnel will be capable of demonstrating in a court of law that the video was not altered or manipulated in any way. (g) The surveillance system shall include cameras dedicated to monitoring the following with sufficient clarity to identify any person: (1) The entrances to and exits from the gaming facility; (2) the count rooms; (3) the vaults; (4) the surveillance room; (5) the security rooms; (6) all cage areas; and (7) all exterior entrances to and exits from the property. (h) The surveillance system required by this regulation shall be equipped with light-sensitive cameras with lenses of sufficient magnification to allow the operator to read information on an electronic gaming machine reel strip and credit meter and be capable of clandestine mon Kansas Secretary of State 2011
itoring in detail and from various vantage points, including the following: (1) The conduct and operation of electronic gaming machines, lottery facility games, and parimutuel wagering; (2) the conduct and operation of the cashiers cage, satellite cashiers cages, mutuel lines, count rooms, and vault; (3) the collection and count of the electronic gaming bill validator canisters; and (4) the movement of cash and any other gaming facility assets. (i) All cameras shall be equipped with lenses of sufficient magnification capabilities to allow the operator to clearly distinguish the value of the following: (1) Chips; (2) dice; (3) tokens; (4) playing cards; (5) positions on the roulette wheel; and (6) cash and cash equivalents. (j) The surveillance system shall provide a view of the pit areas and gaming tables capable of clearly identifying the following: (1) The dealers; (2) the patrons; (3) the hands of all participants in a game; (4) facial views of all participants in a game; (5) all pit personnel; (6) the activities of all pit personnel; (7) the chip trays; (8) the token holders; (9) the cash receptacles; (10) the tip boxes; (11) the dice; (12) the shuffle machines; (13) the card shoes, which are also called dealing boxes; (14) the playing surface of all gaming tables with sufficient clarity to determine the following: (A) All wagers; (B) card values; and (C) game results; and (15) roulette tables, which shall be viewed by the surveillance system with color cameras. (k) The surveillance of the electronic gaming devices shall be capable of providing the following: (1) A view of all patrons; (2) a facial view of all patrons with sufficient clarity to allow identification of each patron; (3) a view of the electronic gaming device with sufficient clarity to observe the result of the game; (4) an overall view of the areas around the electronic gaming device; (5) a view of each bill validator with sufficient clarity to determine bill value and the amount of credit obtained; and (6) a view of the progressive games, including the incrementation of the progressive jackpot. (l) All surveillance system display screens shall meet all of the following requirements: (1) Be equipped with a date and time generator synchronized to a central clock that meets the following requirements:
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(A) Is displayed on any of the surveillance system display screens; and (B) is recorded on all video pictures or digital images; (2) be capable of recording what is viewed by any camera in the system; and (3) be of a sufficient number to allow the following: (A) Simultaneous recording and coverage as required by this article; (B) off-line playback; (C) duplication capabilities; (D) single-channel monitors in the following areas: (i) Each entry and each exit; (ii) the main bank and cages; (iii) table games; and (iv) count rooms; and (E) no more than four channels per monitor in all other areas where surveillance is required. (m) The surveillance system shall be connected to at least one video printer. Each video printer shall be capable of generating clear color copies of the images depicted on the surveillance system display screen or video recording. (n) The surveillance system shall allow audio recording in any room where the contents of bill validator canisters are counted. (o) All wiring within the surveillance system shall be tamper-resistant. (p) The surveillance system shall be linked to the commissions security office with equipment capable of monitoring or directing the view of any system camera. (q) The commissions director of security shall be notified at least 48 hours in advance of the relocation of any camera on the surveillance systems floor plan. (Authorized by and implementing K.S.A. 2009 Supp. 74-8772; effective Sept. 26, 2008; amended April 1, 2011.) 112-106-2. Surveillance system plan. (a) Each applicant for a facility manager certification shall submit a surveillance system plan to the commission at least 120 days before the proposed opening of a racetrack gaming facility or lottery gaming facility. (b) A facility manager shall not commence gaming activities until its surveillance system plan is approved by the commission. (c) To be approved, the surveillance system plan shall include the following: (1) A schematic showing the placement of all surveillance equipment; (2) a detailed description of the surveillance system and its equipment; (3) the policies and procedures for the surveillance department; (4) the plans for staffing as required in K.A.R. 112-1064; (5) the monitoring activities for both the gaming area and adjacent areas; (6) the monitoring activities for a detention room; and (7) a list of the facility managers personnel that may have access to the surveillance system. (d) All proposed changes to the surveillance system plan shall be submitted by the director of surveillance to the commission for approval at least 30 days before the
director of surveillance desires to implement the changes. (Authorized by and implementing K.S.A. 2009 Supp. 748772; effective Sept. 26, 2008; amended April 1, 2011.) 112-106-5. Surveillance room. (a) Each facility manager shall have a secure surveillance room with reasonable space, as determined by the executive director, to accommodate the required equipment and operator stations. (b) Each surveillance room shall be located out of the view of the gaming area. The entrances to the surveillance room shall be locked at all times and shall not be accessible to members of the public or non-surveillance employees of the gaming facility. (c) Commission agents shall have unrestricted access to the surveillance room and all information received or stored by the surveillance system. (d) Access to the surveillance room shall be limited to surveillance employees of the gaming facility and commission security employees, except that persons with a legitimate need to enter the surveillance room may do so upon receiving approval from a commission enforcement agent. (1) Each person, other than surveillance personnel and commission enforcement agents, entering the surveillance room shall sign a surveillance room entry log. (2) The surveillance room entry log shall meet the following requirements: (A) Be maintained in the surveillance room by surveillance room personnel; (B) be maintained in a book with bound numbered pages that cannot readily be removed; (C) be signed by each person entering the surveillance room, with each entry containing the following: (i) The date and time of entering the surveillance room; (ii) the entering persons name and that persons affiliation or department within the gaming facility; (iii) the reason for entering the surveillance room; and (iv) the date and time of exiting the surveillance room; and (D) be retained for at least one year after the date of the last entry. The destruction of the surveillance room entry log shall be approved by the commissions director of security. (3) The surveillance room entry log shall be made available for inspection by the commission security employees upon demand. (e) The surveillance room shall be subject to periodic inspection by commission employees to ensure that all of the following conditions are met: (1) All equipment is working properly. (2) No camera views are blocked or distorted by improper lighting or obstructions. (3) All required surveillance capabilities are in place. (4) All required logs are current and accurate. (5) There is sufficient staff to protect the integrity of gaming at the facility. (6) The surveillance room employees are not performing tasks beyond the surveillance operation. (Authorized by and implementing K.S.A. 2009 Supp. 74-8772; effective Sept. 26, 2008; amended April 1, 2011.)
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112-106-6. Monitoring. (a) The surveillance department employees shall continuously record the transmissions from the cameras used to observe the following locations, persons, activities, and transactions: (1) The entrances to and exits from the following: (A) The gaming facility; (B) the count rooms; (C) the vaults; (D) the surveillance room; (E) the security rooms; (F) the cage areas; and (G) the site of all ancillary operations; (2) each transaction conducted at a cashiering location, whether or not that cashiering location services patrons; (3) the main bank, vault, and satellite cages; (4) the collection of cash storage boxes from electronic gaming machines; (5) the count procedures conducted in the count room; (6) any armored car collection or delivery; (7) automated bill breaker, gaming voucher redemption, coupon redemption, and jackpot payout machines whenever the machines are opened for replenishment or other servicing; and (8) any other areas specified in writing by the commission. (b) The surveillance department employees shall maintain a surveillance log of all surveillance activities in the surveillance room. The log shall be maintained in a book with bound, numbered pages that cannot be readily removed or in an electronic format with an audit function that prevents modification of information after the information has been entered into the system. The log shall contain the following, at a minimum: (1) The date and time of each entry; (2) the identity of the employee making the entry; (3) a summary of the activity recorded; (4) the location of the activity; (5) the location of the recorded information; and (6) the surveillance departments disposition of the activity. (c) The surveillance department employees shall record by camera and log the following events when they are known to occur on the property: (1) Any activity by players and employees, alone or in concert, that could constitute cheating or stealing; (2) any activity that could otherwise be criminal; (3) any procedural violation by an employee; (4) the detention of persons; (5) the treatment of disorderly individuals; (6) emergency activities capable of being observed by the surveillance system; (7) the presence of persons on the involuntary exclusion list; (8) the presence of persons on the self-exclusion list; (9) arrests and evictions; (10) the treatment of ill or injured patrons; (11) the on-site maintenance and repair of any gaming or money handling equipment; and (12) any jackpot winning of $1,200 or more. (d) Surveillance department employees shall record by camera the movement of the following on the gaming facility floor:
(1) Cash; (2) cash equivalents; (3) tokens; (4) cards; (5) chips; or (6) dice. (e) The surveillance department employees shall continuously monitor and record by camera the following: (1) Soft count procedures; (2) hard count procedures; (3) currency collection; (4) drop bucket collection; and (5) the removal of the daily bank deposit from the gaming facility by armored car officers. (Authorized by and implementing K.S.A. 2009 Supp. 74-8772; effective Sept. 26, 2008; amended April 1, 2011.) Article 107.ELECTRONIC GAMING MACHINES 112-107-3. Submission for testing and approval. (a) Each LFG prototype and the associated equipment subject to testing and approval under this regulation shall be evaluated by the commission for the following: (1) Overall operational integrity and compliance with the act, this article, and the technical standards adopted by the commission under article 110; (2) compatibility and compliance with the central computer system; and (3) compatibility with any protocol specifications approved by the Kansas lottery, including the ability to communicate with the central computer system for the purpose of transmitting auditing program information, real-time information retrieval, and activation and disabling of LFGs. (b) LFGs and associated equipment that shall be submitted for testing and commission approval include the following: (1) Bill validators and printers; (2) electronic gaming monitoring systems, to the extent that the systems interface with LFGs and related systems; (3) LFG management systems that interface with LFGs and related systems; (4) player tracking systems that interface with LFGs and related systems; (5) progressive systems, including wide-area progressive systems; (6) gaming ticket systems; (7) external bonusing systems; (8) cashless funds transfer systems; (9) machines performing gaming ticket, coupon, or jackpot payout transactions; (10) coupon systems, to the extent the systems interface with LFGs and related systems; and (11) other LFG-related systems as determined by the executive director. (c) A product submission checklist to be completed by an applicant for or holder of a gaming supplier certificate may be prescribed by the executive director. (d) The chief engineer of the applicant for or holder of a gaming supplier certificate or the engineer in charge of the division of the gaming supplier responsible for producing the product submitted may be required by the
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executive director to attest that the LFGs and associated equipment were properly and completely tested by the gaming supplier before submission to the commission. (e) An abbreviated testing and approval process may be utilized by the commission in accordance with the act. (f) If a facility manager develops software or a system that is functionally equivalent to any of the electronic gaming systems specified in subsection (b), that software or system shall be subject to the testing and approval process of this article to the same extent as if the software or system were developed by a gaming supplier certificate holder. Each reference in this article to the responsibilities of a gaming supplier certificate holder shall apply to a facility manager developing software or systems subject to testing and approval under this article. (g) When an applicant or gaming supplier certificate holder seeks to utilize the abbreviated testing and approval process for an LFG prototype, associated device or software, or any modification to an LFG prototype, associated device or software, the applicant or supplier shall submit the following to the independent testing laboratory: (1) A prototype of the equipment, device, or software accompanied by a written request for abbreviated testing and approval that identifies the jurisdiction within the United States upon which the applicant or supplier proposes that the commission rely. The applicant or supplier shall transport the equipment, device, or software at its own expense and deliver it to the offices of the independent testing laboratory; (2) a certification executed by the chief engineer or engineer in charge of the applicant or supplier verifying that all of the following conditions are met: (A) The prototype or modification is identical in all mechanical, electrical, and other respects to one that has been tested and approved by the testing facility operated by the jurisdiction or private testing facility on behalf of the jurisdiction; (B) the applicant or supplier is currently certified and in good standing in the named jurisdiction, and the prototype has obtained all regulatory approvals necessary to sale or distribution in the named jurisdiction; (C) in the engineers opinion, the testing standards of the named jurisdiction are comprehensive and thorough and provide adequate safeguards that are similar to those required by this article; and (D) in the engineers opinion, the equipment, device, or software meets the requirements of the act, this article, and the technical standards adopted by the commission under article 110, including requirements related to the central computer system; (3) an executed copy of a product submission applicable to the submitted equipment, device, or software unless a substantially similar checklist was filed with the named jurisdiction and is included in the submission package required by paragraph (g)(4); (4) copies of the submission package and any amendments filed with the named jurisdiction, copies of any correspondence, review letters, or approvals issued by the testing facility operated by the named jurisdiction or a private testing facility on behalf of the named jurisdic-
tion and, if applicable, a copy of the final regulatory approval issued by the named jurisdiction; (5) a disclosure that details any conditions or limitations placed by the named jurisdiction on the operation or placement of the equipment, device, or software at the time of approval or following approval; (6) a complete and accurate description of the manner in which the equipment, device, or software was tested for compatibility and compliance with the central computer system and protocol specifications approved by the Kansas lottery, including the ability to communicate with the central computer system for the purpose of transmitting auditing program information, real-time information retrieval, and activation and disabling of LFGs; (7) any hardware, software, and other equipment, including applicable technical support and maintenance, required by the independent testing laboratory to conduct the abbreviated testing and approval process required by the act, this article, and the technical standards adopted by the commission under article 110. The testing equipment and services required by this subsection shall be provided at no cost to the commission; and (8) any additional documentation requested by the commission that is necessary to evaluate the LFG, associated equipment, or any modification. (h) When an applicant or a gaming supplier seeks commission approval of an LFG, equipment, device, or software, or any modification to which the abbreviated testing process in subsection (f) is not applicable, the applicant or supplier shall submit the following to the independent testing laboratory: (1) A prototype of the equipment, device, or software accompanied by a written request for testing and approval. The gaming supplier shall transport the equipment, device, or software at its own expense and deliver the equipment, device, or software to the offices of the commissions independent testing laboratory in accordance with instructions provided; (2) any certifications required under this regulation; (3) an executed copy of a current product submission checklist; (4) a complete and accurate description of the equipment, device, or software, accompanied by related diagrams, schematics, and specifications, together with documentation with regard to the manner in which the product was tested before its submission to the commission; (5) any hardware, software, and other equipment, including applicable technical support and maintenance, required by the independent testing laboratory to conduct the testing and approval process required by the act, this article, and the technical standards adopted by the commission under article 110. All testing equipment and services required by this subsection shall be provided at no cost to the commission; (6) for an LFG prototype, the following additional information, which shall be provided to the commission: (A) A copy of all operating software needed to run the LFG, including data and graphics information, on electronically readable and unalterable media;
(continued)
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(B) a copy of all source code for programs that cannot be reasonably demonstrated to have any use other than in an LFG, on electronically readable and unalterable media; (C) a copy of all graphical images displayed on the LFG, including reel strips, rules, instructions, and pay tables; (D) an explanation of the theoretical return to the player, listing all mathematical assumptions, all steps in the formula from the first principles through the final results of all calculations including bonus payouts, and, when a game requires or permits player skill in the theoretical derivations of the payout return, the source of strategy; (E) hardware block diagrams of the major subsystems; (F) a complete set of schematics for all subsystems; (G) a diagram of the wiring harness connection; (H) a technical or operator manual; (I) a description of the security methodologies incorporated into the design of the LFG including, when applicable, encryption methodology for all alterable media, auto-authentication of software, and recovery capability of the LFG for power interruption; (J) a cross reference of product meters to the required meters specified in article 110; (K) a description of tower light functions indicating the corresponding condition; (L) a description of each error condition and the corresponding action required to resolve the error; (M) a description of the use and function of available electronic switch settings or configurable options; (N) a description of the pseudo random number generator or generators used to determine the results of a wager, including a detailed explanation of operational methodology, and a description of the manner by which the pseudo random number generator and random number selection processes are impervious to outside influences, interference from electromagnetic, electrostatic, and radio frequencies, and influence from ancillary equipment by means of data communications. Test results in support of representations shall be submitted; (O) specialized hardware, software, or testing equipment, including technical support and maintenance, needed to complete the evaluation, which may include an emulator for a specified microprocessor, personal computers, extender cables for the central processing unit, target reel strips, and door defeats. The testing equipment and services required by this subsection shall be provided at no cost to the commission; (P) a compiler, or reasonable access to a compiler, for the purpose of building applicable code modules; (Q) program storage media including erasable programmable read-only memory (EPROM), electronically erasable programmable read-only memory (EEPROM), and any type of alterable media for LFG software; (R) technical specifications for any microprocessor or microcontroller; (S) a complete and accurate description of the manner in which the LFG was tested for compatibility and compliance with the central computer system and protocol specifications approved by the Kansas lottery, including the ability to communicate with the central computer sys Kansas Secretary of State 2011
tem for the purpose of transmitting auditing program information, real-time information retrieval, and activation and disabling of LFGs; and (T) any additional documentation requested by the commission relating to the LFG; (7) if an LFG prototype is modified, including a change in theme, the following additional information, which shall be provided to the commission: (A) A complete and accurate description of the proposed modification to the LFG prototype, accompanied by applicable diagrams, schematics, and specifications; (B) when a change in theme is involved, a copy of the graphical images displayed on the LFG, including reel strips, rules, instructions, and pay tables; (C) when a change in the computation of the theoretical payout percentage is involved, a mathematical explanation of the theoretical return to the player, listing all assumptions, all steps in the formula from the first principles through the final results of all calculations including bonus payouts, and, when a game requires or permits player skill in the theoretical derivations of the payout return, the source of strategy; (D) a complete and accurate description of the manner in which the LFG was tested for compatibility and compliance with the central computer system and protocol specifications approved by the Kansas lottery, including the ability to communicate with the central computer system for the purpose of transmitting auditing program information, real-time information retrieval and activation, and the disabling of LFGs; and (E) any additional documentation requested by the commission relating to the modification of the LFG; (8) for an electronic gaming monitoring system, casino management system, player tracking system, wide-area progressive system, gaming ticket system, external bonusing system, cashless funds transfer system, automated gaming ticket, coupon redemption or jackpot payout machine, coupon system, or any other equipment or system required to be tested and approved under subsection (b), the following: (A) A technical manual; (B) a description of security methodologies incorporated into the design of the system, which shall include the following, when applicable: (i) Password protection; (ii) encryption methodology and its application; (iii) automatic authentication; and (iv) network redundancy, backup, and recovery procedures; (C) a complete schematic or network diagram of the systems major components accompanied by a description of each components functionality and a software object report; (D) a description of the data flow, in narrative and in schematic form, including specifics with regard to data cabling and, when appropriate, communications methodology for multisite applications; (E) a list of computer operating systems and third-party software incorporated into the system, together with a description of their interoperability; (F) system software and hardware installation procedures;
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(G) a list of available system reports; (H) when applicable, features for each system, which may include patron and employee card functions, promotions, reconciliation procedures, and patron services; (I) a description of the interoperability testing, including test results for each submitted systems connection to LFGs, to ticket, coupon redemption, and jackpot payout machines, and to computerized systems for counting money, tickets, and coupons. This list shall identify the tested products by gaming supplier, model, and software identification and version number; (J) a narrative describing the method used to authenticate software; (K) all source codes; (L) a complete and accurate description, accompanied by applicable diagrams, schematics, and specifications, of the creation of a ticket and the redemption options available; (M) a complete and technically accurate description, accompanied by applicable diagrams, schematics, and specifications, of the creation of a coupon and the redemption options available; (N) any specialized hardware, software, or other equipment, including applicable technical support and maintenance required by the independent testing laboratory to conduct the testing and approval process required by the act, this article, and the technical standards adopted by the commission under article 110. The testing equipment and services required by this subsection shall be provided at no cost to the commission; and (O) any additional documentation requested by the executive director related to the equipment or system being tested; and (9) for a modification to any of the systems identified in paragraph (h)(8), the following additional information: (A) A complete and accurate description of the proposed modification to the system, accompanied by applicable diagrams, schematics, and specifications; (B) a narrative disclosing the purpose for the modification; and (C) any additional documentation requested by the executive director relating to the modification. (i) A trial period may be required by the commission to assess the functionality of the prototype or modification in a live gaming environment. The conduct of the trial period shall be subject to compliance by the gaming supplier and the facility manager with any conditions that may be required by the commission. These conditions may include development and implementation of product-specific accounting and internal controls, periodic data reporting to the commission, and compliance with the technical standards adopted under article 110 on trial periods or the prototype or modification adopted by the commission. Termination of the trial period may be ordered by the executive director if the executive director determines that the gaming supplier or the facility manager conducting the trial period has not complied with the conditions required by the commission or that the product is not performing as expected. (j) At the conclusion of the testing of a prototype or modification, the independent testing laboratory shall report the results of its testing to the commission. Upon
receipt of the independent testing laboratorys report, any one of the following shall be done by the commission: (1) Approve; (2) approve with conditions; (3) reject the submitted prototype or modification; or (4) require additional testing or a trial period under subsection (i). (k) A facility manager shall not install an LFG or associated equipment, or any modification, required to be tested and approved under subsection (b) unless the equipment, device, or software has been approved by the commission and issued a certificate authorizing its use at the gaming facility. The certificate shall be prominently displayed on the approved device. A facility manager shall not modify, alter, or tamper with an approved LFG, the associated equipment, or a commission-issued certificate. Before the removal of the LFG or associated equipment from the gaming facility, the certificate shall be removed by a commission agent. An LFG or the associated equipment installed in a gaming facility in contravention of this requirement shall be subject to seizure by any Kansas law enforcement officer. (l) The installation of a modification to an LFG prototype or the associated equipment prototype may be authorized by the executive director on an emergency basis to prevent cheating or malfunction, upon the written request of a gaming supplier. The request shall specify the name and employer of any persons to be involved in the installation of the modification and the manner in which the installation is to be effected. Within 15 days of receipt of any authorization to install an emergency modification, the gaming supplier shall submit the modification for full testing and approval in accordance with this article. (m) Each facility manager shall, no later than four hours after detection, notify the commissions security staff of any known or suspected defect or malfunction in any LFG or associated equipment installed in the gaming facility. The facility manager shall comply with any instructions from the commission staff for use of the LFG or associated equipment. (n) Each facility manager shall file a master list of approved gaming machines as required by K.A.R. 112-10710. (o) Each gaming supplier shall, no later than 48 hours after detection, notify the commission of any known or suspected defect or malfunction in any LFG or associated equipment approved for use in a lottery gaming facility. (Authorized by K.S.A. 2009 Supp. 74-8772; implementing K.S.A. 2009 Supp. 74-8749, 74-8750, and 74-8772; effective April 24, 2009; amended April 1, 2011.) 112-107-5. Transportation of LFGs. (a) The transportation of any LFG into or out of this state shall be approved in advance by the executive director. The person causing the LFG to be transported or moved shall notify the executive director of the proposed importation or exportation at least 15 days before the LFG is moved, unless otherwise approved by the executive director. The notice shall include the following information: (1) The name and address of the person shipping or moving the LFG;
(continued)
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(2) the name and address of the person who manufactured, assembled, distributed, or resold the LFG, if different from the person shipping or moving the game; (3) the name and address of a new owner if ownership is being changed in conjunction with the shipment or movement; (4) the method of shipment or movement and the name and address of the common carrier or carriers, if applicable; (5) the name and address of the person to whom the LFG is being sent and the destination of the LFG, if different from that address; (6) the quantity of LFG being shipped or moved and the manufacturers make, model, and serial number of each game; (7) the expected date and time of delivery to, or removal from, any authorized location within this state; (8) the port of entry or exit, if any, of the LFG if the origin or destination of the LFG is outside the continental United States; and (9) the reason for transporting or moving the LFG. (b) Each shipment of LFGs shall be sealed before being transported. On arrival at the gaming facility, the shipment shall not be opened or inventoried until the seal is witnessed and broken by an agent of the commission. An agent of the commission shall verify that the LFGs are unloaded, inventoried, and compared to the notice required in subsection (a). (Authorized by and implementing K.S.A. 2009 Supp. 74-8772; effective April 24, 2009; amended April 1, 2011.) 112-107-10. Master list of approved gaming machines. (a) At least 20 days before commencing gaming, each facility manager shall file with the commission, in writing, a complete list of the LFGs and gaming equipment possessed by the facility manager on its gaming floor, in restricted areas off the gaming floor but within the gaming facility as approved by the commission under K.A.R. 112-104-26, and in storage locations in this state off the premises of the gaming facility as approved by the commission under K.A.R. 112-107-6. The list shall be titled as a master list of approved gaming machines. (b) The master list of approved LFGs and gaming equipment shall contain the following information that, for those LFGs and the gaming equipment located on the gaming floor, shall be presented for each LFG and gaming equipment in consecutive order by the LFG or gaming equipment location number: (1) The date the list was prepared; (2) a description of each LFG and all gaming equipment, using the following: (A) Asset number and model and manufacturers serial number; (B) computer program number and version; (C) denomination, if configured for multiple denominations, and a list of the denominations; (D) manufacturer and machine type, noting cabinet type; (E) if an LFG, specification of whether the LFG is a progressive or a wide-area progressive LFG; (F) an indication as to whether the LFG or gaming equipment is configured to communicate with a cashless funds transfer system;
(G) an indication as to whether the LFG or gaming equipment is configured to communicate with a gaming ticket system; (H) designation of which specific surveillance video system cameras will be able to view that LFG or gaming equipment; and (I) commission certificate number; (3) for those LFGs or gaming equipment located off the gaming floor, an indication as to whether the LFG or gaming equipment is in a restricted area off the gaming floor but within the gaming facility under K.A.R. 112-10426 or is in a commission-approved storage location in this state off the premises of the gaming facility under K.A.R. 112-107-6; and (4) any additional relevant information requested by the commission. (c) If an LFG or gaming equipment has been placed in an authorized location on the gaming floor or is stored in a restricted area off the gaming floor but within the gaming facility as approved by the commission under K.A.R. 112-104-26, then all subsequent movements of that LFG or gaming equipment within the gaming facility shall be recorded by an LFG department member in a gaming equipment movement log, which shall include the following: (1) The asset number and model and the manufacturers serial number of the moved LFG or gaming equipment; (2) the date and time of movement; (3) the location from which the LFG or gaming equipment was moved; (4) the location to which the LFG or gaming equipment was moved; (5) the date and time of any required notice to the Kansas lottery in connection with the activation or disabling of the LFG in the central computer system; (6) the signature of the LFG shift manager and the commissions electronic gaming inspector verifying the movement of the LFG or gaming equipment in compliance with this regulation; and (7) any other relevant information the commission may require. (d) Before moving an LFG or any gaming equipment that has been placed in an authorized location on the gaming floor, the facility manager shall remove the bill validator canister drop box and transport the drop box to the count room in accordance with the procedures in K.A.R. 112-104-18. (e) The facility manager shall daily submit documentation summarizing the movement of LFGs and gaming equipment within a gaming facility to the commission, in writing or in an electronic format approved by the commission. (f) On the first Tuesday of each month following the initial filing of a master list of approved LFGs or gaming equipment, a facility manager shall file with the commission, in writing or in an electronic format approved by the commission, an updated master list of approved LFGs or gaming equipment containing the information required in subsection (b). (g) Each gaming supplier and each regulatory or law enforcement agency that possesses LFGs shall file with
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the commission, in writing or in an electronic format approved by the commission, a complete list of the LFGs possessed by the entity. The list shall be titled as a master list of approved gaming machines and shall be filed within three business days of the initial receipt of the LFGs. Each list shall contain the following information: (1) The date on which the list was prepared; and (2) a description of each LFG by the following: (A) Model and manufacturers serial number; (B) manufacturer and machine type, noting cabinet type; and (C) specification of whether the LFG is a progressive or a wide-area progressive LFG. (h) On the first Tuesday of each month following the initial filing of a master list of approved LFGs or gaming equipment, those persons specified in subsection (f) shall file with the commission, in writing or in an electronic format approved by the commission, an updated master list of approved LFGs or gaming equipment containing the information required in subsection (g). (i) A computer system designed to meet the requirements of this regulation may be approved by the executive director. (Authorized by K.S.A. 2010 Supp. 74-8772; implementing K.S.A. 2010 Supp. 74-8750 and 74-8772; effective April 24, 2009; amended April 1, 2011.) 112-107-21. Progressive LFGs. (a) Each progressive LFG shall meet the requirements of article 110. (b) Each facility manager seeking to utilize a linked LFG shall submit the location and manner of installing any progressive meter display mechanism to the executive director for approval. (c) An LFG that offers a progressive jackpot shall not be placed on the gaming floor until the executive director has approved the following: (1) The initial and reset amounts at which the progressive meter or meters will be set; (2) the proposed system for controlling the keys and applicable logical access controls to the LFGs; (3) the proposed rate of progression for each progressive jackpot; (4) the proposed limit for the progressive jackpot, if any; and (5) the calculated probability of winning each progressive jackpot. The probability shall not exceed 50 million to one. (d) Progressive meters shall not be turned back to a lesser amount unless one of the following occurs: (1) The amount indicated has been actually paid to a winning patron. (2) The progressive jackpot amount won by the patron has been recorded in accordance with a system of internal controls approved under K.A.R. 112-104-1. (3) The progressive jackpot has, upon executive director approval, been transferred to another progressive LFG or wide-area progressive system in accordance with this article. (4) The change is necessitated by an LFG or meter malfunction. For progressive jackpots governed by subsection (a), an explanation for the malfunction shall be entered on the progressive electronic gaming summary required by this article, and the commission shall be notified of the resetting in writing.
(e) Once an amount appears on a progressive meter, the probability of hitting the combination that will award the progressive jackpot shall not be decreased unless the progressive jackpot has been won by a patron or the progressive jackpot has been transferred to another progressive LFG or wide-area progressive system or removed in accordance with subsection (g). (f) If an LFG has a progressive meter with digital limitations on the meter, the facility manager shall set a limit on the progressive jackpot, which shall not exceed the display capability of the progressive meter. (g) Any facility manager may limit, transfer, or terminate a progressive jackpot offered on a gaming floor only under any of the following: (1) A facility manager may establish a payout limit for a progressive jackpot if the payout limit is greater than the payout amount that is displayed to the patron on the progressive jackpot meter. The facility manager shall provide notice to the commission of the imposition or modification of a payout limit on a progressive meter concurrent with the setting of the payout limit. (2) A facility manager may terminate a progressive jackpot concurrent with the winning of the progressive jackpot if its LFG program or progressive controller was configured before the winning of the progressive jackpot to establish a fixed reset amount with no progressive increment. (3) A facility manager may permanently remove one or more linked LFGs from a gaming floor if both of the following conditions are met: (A) If the LFG is part of a wide-area progressive system offered at multiple facilities, the facility manager retains at least one linked LFG offering the same progressive jackpot on its gaming floor. (B) If the progressive jackpot is only offered in a single gaming facility, at least two linked LFGs offering the same progressive jackpot remain on the gaming floor. (4) Any facility manager may transfer a progressive jackpot amount on a stand-alone LFG or the common progressive jackpot on an entire link of LFGs with a common progressive meter, including a wide-area progressive system, from a gaming floor. The facility manager shall give notice of its intent to transfer the progressive jackpot to the commission at least 30 days before the anticipated transfer and shall conspicuously display the facility managers intent to transfer the progressive jackpot on the front of each LFG for at least 30 days. To be eligible for transfer, the progressive jackpot shall meet the following conditions: (A) Be transferred in its entirety; and (B) be transferred to one of the following: (i) The progressive meter for an LFG or wide-area progressive system with the same or greater probability of winning the progressive jackpot, the same or lower wager requirement to be eligible to win the progressive jackpot, and the same type of progressive jackpot. However, if no other LFG or wide-area progressive system meets all of these qualifications, a transfer of the jackpot to the progressive meter of the most similar LFG or wide-area progressive system available may be authorized by the executive director; or
(continued)
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(ii) the progressive meters of two separate LFGs or wide-area progressive systems if each LFG or wide-area progressive system to which the jackpot is transferred individually satisfies the requirements of paragraph (g)(4)(B)(i). (5) Any facility manager may immediately and permanently remove a progressive jackpot on a stand-alone progressive LFG, the common progressive jackpot on an entire link of LFGs with a common progressive meter, or an entire wide-area progressive system from a gaming floor if notice of intent to remove the progressive jackpot meets the following requirements: (A) Is conspicuously displayed on the front of each LFG for at least 30 days; and (B) is provided in writing to the commission at least 30 days before the removal of the progressive jackpot. (h) The amount indicated on the progressive meter or meters and coin-in meter on each LFG governed by subsection (a) shall be recorded by the facility managers accounting department or LFG department on a progressive electronic gaming summary report at least once every seven calendar days. Each report shall be signed by the preparer. If not prepared by the accounting department, the progressive electronic gaming summary report shall be forwarded to the accounting department by the end of the gaming day on which it is prepared. An employee of the accounting department shall be responsible for calculating the correct amount that should appear on a progressive meter. If an adjustment to the progressive meters is necessary, the adjustment shall be made by a member of the LFG department authorized by the progressive gaming supplier to make progressive meter adjustments as follows: (1) Supporting documentation shall be maintained to explain any addition or reduction in the registered amount on the progressive meter. The documentation shall include the date, the asset number of the LFG, the amount of the adjustment, and the signatures of the accounting department member requesting the adjustment and the LFG department member making the adjustment; and (2) the adjustment shall be effectuated within 48 hours of the meter reading. (i) Except as otherwise authorized by this regulation, each LFG offering a progressive jackpot that is removed from the gaming floor shall be returned to or replaced on the gaming floor within five gaming days. The amount on the progressive meter or meters on the returned or replacement LFG shall not be less than the amount on the progressive meter or meters at the time of removal. If an LFG offering a progressive jackpot is not returned or replaced, any progressive meter amount at the time of removal shall, within five days of the LFGs removal, be added to an LFG offering a progressive jackpot approved by the executive director. The LFG shall offer the same or greater probability of winning the progressive jackpot and shall require the same or lower denomination of currency to play that was in use on the LFG that was removed. This subsection shall not apply to the temporary removal by a facility manager, for a period not to exceed 30 days, of all linked LFGs that are part of a particular wide-area progressive system if the progressive jackpot
offered by the temporarily removed LFGs remains available on LFGs that are part of the same wide-area progressive system in another gaming facility. (j) If an LFG is located adjacent to an LFG offering a progressive jackpot, the facility manager shall conspicuously display on the LFG a notice advising patrons that the LFG is not participating in the progressive jackpot of the adjacent LFG. (Authorized by K.S.A. 2009 Supp. 748772; implementing K.S.A. 2009 Supp. 74-8750 and 748772; effective April 24, 2009; amended April 1, 2011.) 112-107-22. Wide-area progressive systems. (a) Two or more facility managers may operate linked progressive LFGs that are interconnected between two or more participating gaming facilities, with the prior written approval of the commission and the Kansas lottery as required under subsection (c). The LFGs participating in the link shall be collectively referred to as a wide-area progressive system. (b) Each wide-area progressive system shall at all times be installed and operated in accordance with relevant requirements of the act, this article, and article 110. (c) Each wide-area progressive system shall be operated and administered by participating facility managers in accordance with the terms and conditions of a written agreement executed by the participating facility managers. The agreement shall be referred to as an electronic gaming system agreement. Each electronic gaming system agreement shall be submitted in writing and approved by the commission and the Kansas lottery before implementation and shall meet the requirements of the act, this article, and article 110. (d) Any facility manager participating in an electronic gaming system agreement may delegate, in whole or in part, the management and administration of a wide-area progressive system to a gaming supplier if the electronic gaming system agreement is executed by the gaming supplier and the terms of the agreement are approved by the commission and the Kansas lottery. The persons designated in an electronic gaming system agreement as being responsible for the management and administration of a wide-area progressive system shall be referred to as the wide-area progressive system operator. (e) An agreement between a gaming supplier and a facility manager under which a gaming supplier sells, leases, or services a wide-area progressive system shall not constitute an electronic gaming service agreement, unless the agreement also covers the management and administration of the wide-area progressive system. (f) Each electronic gaming system agreement providing for the management and administration of a wide-area progressive system shall identify and describe with specificity the duties, responsibilities, and authority of each participating facility manager and each electronic gaming system operator, including the following: (1) Details with regard to the terms of compensation for the electronic gaming system operator. The agreement shall address to what extent, if any, the electronic gaming system operator is receiving compensation based, directly or indirectly, on an interest, percentage, or share of a facility managers revenue, profits, or earnings from the management of the wide-area progressive system;
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(2) responsibility for the funding and payment of all jackpots and fees associated with the management of the wide-area progressive system; (3) control and operation of the computer monitoring room required under subsection (l); (4) a description of the process by which significant decisions with regard to the management of the widearea progressive system are approved and implemented by the participating facility managers and electronic gaming system operator; (5) when applicable, terms satisfactory to the commission with regard to apportionment of responsibility for establishing and servicing any trust agreement associated with any annuity jackpot offered by the wide-area progressive system; (6) responsibility for generating, filing, and maintaining the records and reports required under the act, this part, and article 110; and (7) any other relevant requirements of the commission, including those required to comply with the technical standards on wide-area progressive systems adopted by the commission under article 110. (g) An electronic gaming system agreement submitted to the commission for approval shall be accompanied by a proposed system of internal controls addressing the following: (1) Transactions directly or indirectly relating to the payment of progressive jackpots, including the establishment, adjustment, transfer, or removal of a progressive jackpot amount and the payment of any associated fees; and (2) the name, employer, position, and gaming license status of any person involved in the operation and control of the wide-area progressive system. (h) The information identified in paragraph (g)(2) shall be reviewed by the executive director to determine, based on an analysis of specific duties and responsibilities, which persons shall be licensed. The electronic gaming system manager shall be advised of the executive directors findings. Each participating facility manager and any participating gaming supplier shall comply with the commissions licensing instructions. (i) An electronic gaming system manager shall not commence operation and administration of a wide-area progressive system pursuant to the terms of an electronic gaming system agreement until the agreement and the internal controls required under subsection (g) have been approved in writing by the commission and any licensing requirements under subsection (h) have been met. (j) If an electronic gaming system agreement involves payment to a gaming supplier functioning as an electronic gaming system operator, of an interest, percentage, or share of a facility managers revenue, profits, or earnings from the operation of a wide-area progressive system, the electronic gaming system agreement may be approved by the commission only if it determines that the total amounts paid to the gaming supplier under the terms of the agreement are commercially reasonable for the managerial and administrative services provided. Nothing in this regulation shall limit the commissions consideration of the electronic gaming system agreement to its revenue-sharing provisions.
(k) Each wide-area progressive system shall be controlled from a computer monitoring room. The computer monitoring room shall meet the following requirements: (1) Be under the sole possession and control of employees of the wide-area progressive system manager designated in the electronic gaming system agreement for that system. The employees of the wide-area progressive system manager may be required to obtain a license or permit if the executive director determines, after a review of the work being performed, that the employees require a license or permit for the protection of the integrity of gaming; (2) have its monitoring equipment subjected to surveillance coverage either by the surveillance system of a facility manager participating in the electronic gaming system agreement or by a dedicated surveillance system maintained by the wide-area progressive system manager. The surveillance plan shall be approved by the executive director; (3) be accessible only through a locked door. The door shall be alarmed in a manner that audibly signals the surveillance monitoring room for the surveillance system elected under paragraph (l)(2); and (4) have a computer monitoring room entry log. The log shall meet the following requirements: (A) Be kept in the computer monitoring room; (B) be maintained in a book with bound, numbered pages that cannot be readily removed or an electronic log approved by the executive director; and (C) be signed by each person entering the computer monitoring room who is not an employee of the widearea progressive system manager employed in the computer monitoring room on that persons assigned shift. Each entry shall contain the following information: (i) The date and time of entering and exiting the room; (ii) the name, department, or license number of the person entering and exiting the room and of the person authorizing the entry; and (iii) the reason for entering the computer monitoring room. (l) In evaluating a proposed location for a computer monitoring room, the following factors may be considered by the executive director: (1) The level of physical and system security offered by the proposed location; and (2) the accessibility of the location to the commissions audit, law enforcement, and technical staff. (Authorized by K.S.A. 2009 Supp. 74-8772; implementing K.S.A. 2009 Supp. 74-8750 and 74-8772; effective April 24, 2009; amended April 1, 2011.) Article 108.TABLE GAMES 112-108-18. Tournament chips and tournaments. (a) Tournament chip shall mean a chip or chiplike object issued by a facility manager for use in tournaments at the facility managers gaming facility. (b) Tournament chips shall be designed, manufactured, approved, and used in accordance with the provisions of this article applicable to chips, except as follows: (1) Tournament chips shall be of a shape and size and have any other specifications necessary to make the chips
(continued)
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distinguishable from other chips used at the gaming facility. (2) Each side of each tournament chip shall conspicuously bear the inscription No Cash Value. (3) Tournament chips shall not be used, and facility managers shall not permit their use, in transactions other than the tournaments for which the chips are issued. (c) As used in this regulation, entry fees shall be defined as the total amount paid by a person or on a persons behalf for participation in a tournament. A tournament shall mean a contest offered and sponsored by a facility manager in which patrons may be assessed an entry fee or be required to meet some other criteria to compete against one another in a gambling game or series of gambling games in which winning patrons receive a portion or all of the entry fees, if any. These entry fees may be increased with cash or noncash prizes from the facility manager. Facility managers may conduct tournaments if all of the following requirements are met: (1) The facility manager shall notify the executive director of the planned tournament at least 30 calendar days before the first day of the event. (2) The facility manager shall not conduct the tournament unless approved by the executive director. (3) The facility manager shall conduct the tournament in compliance with all applicable rules, regulations, and laws. (4) The facility manager shall maintain written, dated rules governing the event and the rules shall be immediately available to the public and the commission upon request. Tournament rules shall, at a minimum, include the following: (A) The date, time, and type of tournament to be held; (B) the amount of the entry fee, if any; (C) the minimum and maximum number of participants; (D) a description of the tournament structure, including number of rounds, time period, players per table, and criteria for determining winners; (E) the prize structure, including amounts or percentages, or both, for prize levels; and (F) procedures for the timely notification of entrants and the commission and the refunding of entry fees in the event of cancellation. (5) No false or misleading statements, written or oral, shall be made by a facility manager or its employees or agents regarding any aspect of the tournament, and all prizes offered in the tournament shall be awarded according to the facility managers rules governing the event. (6) The facility managers accounting department shall keep a complete record of the rules of the event and all amendments to the rules, including criteria for entry and winning, names of all entrants, all prizes awarded, and prize winners, for at least two years from the last date of the tournament. This record shall be made readily available to the commission upon request. (7) Entry fees shall accumulate to adjusted gross gaming receipts. (8) Cash and noncash winnings paid in a tournament shall be deductible from adjusted gross gaming revenue, but any such deduction shall not exceed the total entry
fees received for the tournament and noncash winnings shall be deductible only to the dollar value of the amount actually invoiced to and paid by the facility manager. (9) Upon the completion of the tournament, documentation of entrants names, names of prize winners and amounts won, and tax-reporting information shall be submitted to the commission. (10) The facility manager shall designate in its internal control system an employee position acceptable to the commission that shall be responsible for ensuring adherence to the requirements in this regulation. (Authorized by and implementing K.S.A. 2009 Supp. 74-8772; effective Jan. 8, 2010; amended April 1, 2011.) 112-108-36. Required personnel for specific table games. (a) Pit areas may be on multiple levels or locations within a gaming facility. Pit areas shall be described by facility managers in their internal controls at a minimum by their locations, configurations, and restrictions on access. Each full-size baccarat table shall be in a separate room or clearly segregated area of the floor that functions as a separate area from the other table games and is surrounded by baccarat tables. For the purposes of access to a pit, card and dice control, and other table games activities, a pit shall be more narrowly defined as a single, separate area that is completely enclosed or encircled by gaming tables. (b) The number of required table games supervisors shall be determined as follows: (1) One table games supervisor shall not oversee more than six open table games if no craps table is open. (2) One table games supervisor shall not oversee more than four open table games if one of the open table games is a craps table. (3) One table games supervisor shall not oversee more than two open table games if both table games are craps tables. (c) The table games supervisors and the oversight of their assigned table games and pit operations shall be directly supervised in the following configuration by either a table games manager or casino shift manager: (1) In either of the following instances, a table games manager shall not be required to be on duty, but at least one casino shift manager shall provide direct supervision by acting as a table games manager: (A) When one craps table is open; or (B) when up to six tables are open. (2) In either of the following instances, a table games manager shall provide direct supervision and a casino shift manager shall not act as a table games manager: (A) When two or more craps or baccarat tables are open; or (B) when seven to 36 table games are open. (3) If more than 36 tables are open, one additional table games manager shall provide direct supervision for each additional set of one to 36 tables open. A casino shift manager shall not act as a table games manager. (d) Other than a casino shift manager acting as a table games manager, table games managers shall be physically present in the pit for at least 90 percent of their shift and be solely dedicated to supervising activities at open table games and activities within the pits. Each absence
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of a longer duration shall require a replacement table games manager to be on duty in the pit. If a facility manager uses job titles other than table games supervisor or table games manager, then the internal controls shall specify which job titles used by the facility manager correspond to these positions and ensure that the job descriptions of those positions properly delineate the duties. Table games managers supervising pit areas separated by sight or sound shall have a communications device enabling them to be immediately notified of any incident requiring their attention and shall promptly respond. The gaming facility shift manager shall assign table games managers specific responsibilities regarding activities associated with specific tables. (e) Each full-size baccarat table shall be directly supervised by at least one table games supervisor. (Authorized by K.S.A. 2010 Supp. 74-8772; implementing K.S.A. 2010 Supp. 74-8752 and 74-8772; effective Jan. 8, 2010; amended April 1, 2011.) 112-108-55. Shipment of table games and table game mechanisms. (a) Each facility manager shall ensure that the shipment of any table game or table game mechanism for use in a gaming facility shall be approved in advance by the executive director. The person causing the shipment shall notify the executive director of the proposed shipment at least 15 days before the shipment, unless otherwise approved by the executive director. The notice shall include the following information: (1) The name and address of the person shipping the table game or table game mechanism; (2) the name and address of the person who manufactured, assembled, distributed, or resold the table game or table game mechanism, if different from the person shipping the item; (3) the name and address of a new owner if ownership is being changed in conjunction with the shipment; (4) the method of shipment and the name and address of the third-party carrier, if applicable; (5) the name and address of the person to whom the table game or table game mechanism is being sent and the destination of the item, if different from that address; (6) the quantity of table games or table game mechanisms being shipped and the manufacturers make, model, and serial number of each item; (7) the expected date and time of delivery to, or removal from, any authorized location within this state; (8) the port of entry or exit, if any, of the table game or table game mechanism if the origin or destination of the table game or table game mechanism is outside the continental United States; and (9) the reason for shipping the table game or table game mechanism. (b) Each shipment of table games or table game mechanisms shall be sealed before being transported. On arrival at the gaming facility, the shipment shall not be opened or inventoried until the seal is witnessed and broken by an agent of the commission. An agent of the commission shall verify that each table game and table game mechanism is unloaded, inventoried, and compared to the notice required in subsection (a). (Authorized by and implementing K.S.A. 2009 Supp. 74-8772; effective Jan. 8, 2010; amended April 1, 2011.)
112-110-3. Central computer system security. (a) Each CCSs database shall contain LFG data for at least the prior 24 months. Older data shall also be available from archives for at least seven years. The CCSs vendor shall provide archived data within 24 hours of a request for the data from the Kansas lottery or the commission. (b) Each CCS shall be capable of the following: (1) Receiving and retaining a record of events that affect security, including all door openings, stacker access, and signature failure; (2) receiving and retaining a record of events that affect the LFG state, including power on, power off, and various faults and hardware failures; (3) receiving and retaining a record of events that affect LFG integrity, including random access memory (RAM) corruption and RAM clear; (4) receiving and retaining a record of events that affect the status of communication between all components including the LFG, including loss of communication; (5) reporting of all events specified in this article; (6) receiving and retaining a record of any other events as specified in writing by the Kansas lottery or the commission; and (7) automatic reporting of faults that require a manual reactivation of the LFG. These faults shall include the following: (A) Logic area cabinet access; (B) LFG RAM reset; (C) catastrophic software corruption; (D) unrecoverable hardware faults; and (E) a failed signature check. (c)(1) A record of each of the events specified in subsection (b) shall be stored at the central point of the CCS on a hard drive in one or more files of an approved structure. (2) The record of each stored event shall be marked by a date and time stamp. (3) Each event shall be detected and recorded to the database and posted to a line printer or terminal monitor within 10 seconds of the occurrence. (d) Each CCS shall meet the following security requirements: (1) The ability to deny access to specific databases upon an access attempt, by employing passwords and other system security features. Levels of security and password assignment for all users shall be solely the function of the Kansas lottery; (2) the ability to allow multiple security-access levels to control and restrict different classes of access to the system; (3) password sign-on with two level codes comprising the personal identification code and a special password; (4) system access accounts that are unique to the authorized personnel; (5) the storage of passwords in an encrypted, nonreversible form; (6) the requirement that each password be at least 10 characters in length and include at least one nonalphabetic character;
(continued)
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(7) password changes every 30 days; (8) prevention of a password from being used if the password has been used as any of the previous 10 passwords; (9) the requirement that the CCS lock a users access upon three failed attempted log-ins and send a security alert to a line printer or terminal monitor; (10) the requirement that connectivity to any gaming system from a remote, non-gaming terminal be approved by the executive director and reported to the Kansas lottery, in accordance with K.A.R. 112-107-31. Remote connections shall employ security mechanisms including modems with dial-back, modems with on-off keylocks, message encryption, logging of sessions, and firewall protection; (11) the ability to provide a list of all registered users on the CCS, including each users privilege level; (12) the requirement that approved software and procedures for virus protection and detection, if appropriate, be used; (13) the requirement that only programs, data files, and operating system files approved by the Kansas lottery and the commission reside on hard drive or in the memory of the CCS computers; (14) the requirement that nonroutine access alerts and alarm events be logged and archived for future retrieval; (15) the requirement that software signatures be calculated on all devices at all facilities and the signatures be validated by devices on the CCS network. These devices shall include gaming equipment, location controllers, and cashier stations. These devices shall exclude non-gaming devices, including dumb terminals; (16) audit trail functions that are designed to track system changes; (17) time and date stamping of audit trail entries; (18) capability of controlling data corruption that can be created by multiple log-ons; (19) the requirement that the gaming software be maintained under an approved software change control system; (20) the ability to send an alert to any terminal monitor and line printer for any security event that is generated at an LFG or in the system. The system shall allow the system administrator to determine which events should be posted. The events shall be filtered by location; (21) equipment with a continuous power supply; (22) the capability of on-line data redundancy if a hard disk peripheral fails during operation; and (23) provision of a secure way through a graphic user interface for an auditor to make adjustments to the system. (Authorized by and implementing K.S.A. 2009 Supp. 74-8772; effective May 1, 2009; amended April 1, 2011.) Article 112.RESPONSIBLE GAMING 112-112-1. Office of responsible gambling. A staff person shall be appointed by the executive director to direct the office of responsible gambling. This staff person shall administer all of the commissions programs to assist individuals with issues related to gambling and to help prevent problem gambling in Kansas. The office of responsible gambling shall coordinate resources to max Kansas Secretary of State 2011
imize the efficiency and effectiveness of the programs of other state agencies and private organizations that allocate resources to assisting individuals with issues related to gambling and preventing problem gambling. (Authorized by K.S.A. 2009 Supp. 74-8772 and 74-8804; implementing K.S.A. 2009 Supp. 74-8772 and 74-8773; effective Sept. 26, 2008; amended April 1, 2011.) 112-112-3. Responsible gambling plan. (a) Each applicant for a facility manager certificate shall submit a responsible gambling plan to the commission with its initial application or at least 90 days before opening a racetrack gaming facility. The responsible gambling plan shall not be inconsistent with any facility managers contractual obligation with the Kansas lottery. A responsible gambling plan shall be approved by the commission before the commission issues or renews a certificate. Each plan shall include the following: (1) The goals of the plan and the procedures and deadlines for implementation of the plan; (2) the identification of the individual at each applicant or facility manager location who will be responsible for the implementation and maintenance of the plan; (3) procedures for maintaining the confidentiality of the information regarding the persons on the self-exclusion list, as specified in K.A.R. 112-112-7; (4) procedures for informing patrons about self-transaction exclusion programs; (5) procedures for compliance with the commissions self-exclusion program; (6) procedures for creating and disseminating promotional material to educate patrons about problem gambling and to inform patrons about treatment services available. The applicant or facility manager shall provide examples of the material to be used as part of its promotional materials, including signs, brochures, and other media, and a description of how the material will be disseminated; (7) details of the training about responsible gambling for the applicants or facility managers employees; (8) the duties and responsibilities of the employees designated to implement or participate in the plan; (9) procedures to prevent underage gambling; (10) procedures to prevent patrons impaired by drugs or alcohol, or both, from gambling; (11) an estimation of the cost of development, implementation, and administration of the plan; and (12) any other policies and procedures to prevent problem gambling and encourage responsible gambling. (b) Each applicant or facility manager shall submit any amendments to the responsible gambling plan to the commission for review and approval before implementing the amendments. Each facility manager shall report to the commission semiannually on the status and success of the responsible gambling plan. (Authorized by K.S.A. 2009 Supp. 74-8772 and K.S.A. 74-8804; implementing K.S.A. 2009 Supp. 74-8772; effective Sept. 26, 2008; amended April 1, 2011.) 112-112-4. Self-exclusion list. (a) A self-exclusion list shall consist of the names of those persons who have complied with the requirements of this article and have been placed on the list by the executive director. The self-
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exclusion list shall provide the means for each individual with issues related to gambling to formally notify the commission that the individual has a gambling problem and that the individual will refrain from visiting gaming facilities, parimutuel licensee locations, and fair association race meets in Kansas. (b) Each facility manager shall be notified by the executive director of the placement of any person on the self-exclusion list. Any or all information contained on the persons application may be disclosed to each facility manager and the facility managers agents or employees by the executive director. (Authorized by K.S.A. 2009 Supp. 74-8772 and 74-8804; implementing K.S.A. 2009 Supp. 74-8772; effective Sept. 26, 2008; amended April 1, 2011.) 112-112-7. Confidentiality of the self-exclusion list. (a)(1) As part of the responsible gambling plan required by K.A.R. 112-112-3(a), each facility manager or applicant for a facility manager certificate shall submit to the commission a plan for maintaining the confidentiality of the information regarding the persons on the self-exclusion list. The plan shall reasonably safeguard the confidentiality of the information but shall include dissemination of the information to at least the general manager, facility management, and all security and surveillance personnel. Each plan shall be submitted to the commission for approval. (2) All information disclosed to any facility manager regarding anyone placed on the self-exclusion list shall be deemed a closed record pursuant to K.S.A. 45221(a)(30) and amendments thereto. However, the information may be disclosed as authorized by the individual seeking placement on the list, by law, and through the provisions in this article. (b) Any facility manager may disclose the information contained in the application to the facility managers affiliates, employees, or agents to the extent necessary under this article. (c) All information associated with the self-exclusion list, including the identities of individuals who have placed themselves on the list and any personal information about those individuals, shall be considered a closed record under the Kansas open records act pursuant to K.S.A. 45-221(a)(30) and amendments thereto. (d) For administrative, disciplinary, or penalty proceedings regarding any alleged infraction by an individual on the self-exclusion list, the individual who is on the self-exclusion list shall not be named. An alternate means of identification shall be used to keep that individuals identity confidential. (Authorized by K.S.A. 2007 Supp. 74-8772 and K.S.A. 74-8804; implementing K.S.A. 2007 Supp. 74-8772; effective Sept. 26, 2008; amended April 1, 2011.) 112-112-9. Procedure for removal from the selfexclusion list. (a) At any time after two years from the
original date of application for placement on the self-exclusion list, any person on the self-exclusion list may petition the executive director for removal from the selfexclusion list. The authority to approve or deny each petition shall rest with the executive director. To be eligible for removal from the self-exclusion list, each person shall provide documentation acceptable to the commission that the applicant has met all of the following conditions: (1) The person has undergone a problem gambling assessment with a gambling counselor certified by the Kansas department of social and rehabilitation services or through any other method approved by the commission. (2) The person has completed a commission-approved education program on healthy lifestyle choices and problem gambling awareness. (3) The person has met any other requirements deemed necessary by the commission. (4) The person has executed an authorization and release to be removed from the self-exclusion list on a form provided by the commission. (b) Each facility manager shall retain the ability to deny gambling privileges at a gaming facility, parimutuel licensee location, or fair association race meet to the persons who have been removed from the self-exclusion list for any other reason ordinarily available to the facility manager. (c) Any person who has been removed from the selfexclusion list may reapply for placement on the list at any time as provided in this article. (d) Upon approval of a petition for removal from the self-exclusion list, a notice of removal from the self-exclusion list shall be drafted by the executive director. Each notice shall be a closed record pursuant to the Kansas open records act, including K.S.A. 45-221(a)(30) and amendments thereto, except that the notice shall be disclosed to all facility managers and their agents and employees. (e) A copy of the notice of removal from the self-exclusion list shall be delivered by the executive director to the petitioner by regular U.S. mail to the home address specified on the petition. The petitioner shall be deemed to be removed from the self-exclusion list when the executive director mails the approved notice to the petitioner. (f) If the executive director finds that a petitioner does not qualify for removal from the self-exclusion list, the petitioner shall be notified by the executive director by regular U.S. mail, using the home address specified on the petition. The petitioner shall remain on the self-exclusion list pursuant to this article. (Authorized by K.S.A. 2009 Supp. 74-8772 and 74-8804; implementing K.S.A. 2009 Supp. 74-8772; effective Sept. 26, 2008; amended April 1, 2011.) Neysa Thomas Acting Executive Director
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INDEX TO ADMINISTRATIVE REGULATIONS This index lists in numerical order the new, amended and revoked administrative regulations and the volume and page number of the Kansas Register issue in which more information can be found. Temporary regulations are designated with a (T) in the Action column. This cumulative index supplements the 2009 Volumes of the Kansas Administrative Regulations and the 2010 Supplement of the Kansas Administrative Regulations.
AGENCY 1: DEPARTMENT OF ADMINISTRATION Reg. No. 1-16-8 1-16-15 1-16-18 1-16-18a 1-16-20 1-65-1 1-66-1 1-66-2 1-66-3 1-67-1 1-67-2 1-67-3 1-68-1 1-68-2 Reg. No. 3-3-2 3-3-2 Action Amended Amended Amended Amended Amended New New New New New New New New New Action Amended (T) Amended Register V. 29, p. 676 V. 29, p. 677 V. 29, p. 677 V. 29, p. 678 V. 29, p. 680 V. 30, p. 44 V. 30, p. 44 V. 30, p. 45 V. 30, p. 45 V. 30, p. 45 V. 30, p. 45 V. 30, p. 45 V. 30, p. 45 V. 30, p. 46 Register V. 29, p. 702 V. 30, p. 9
Kansas Register
4-13-25b through 4-13-25h 4-13-25i 4-13-25j 4-13-25k 4-13-25l 4-13-25m 4-13-30 4-13-33 4-13-62 4-27-1 through 4-27-22 4-28-1 4-28-2 4-28-8 4-28-11 4-28-12 4-28-18 through 4-28-30 Amended Revoked Amended Amended Amended New Amended Amended Amended New Amended Amended Amended Amended Amended New V. 29, p. 1243-1245 V. 29, p. 1246 V. 29, p. 1246 V. 29, p. 1246 V. 29, p. 1247 V. 29, p. 1247 V. 29, p. 72 V. 29, p. 73 V. 29, p. 73 V. 29, p. 706-720 V. 29, p. 720 V. 29, p. 720 V. 29, p. 721 V. 29, p. 722 V. 29, p. 722 V. 29, p. 723-725 14-23-5 14-23-8 14-23-10 14-24-1 through 14-24-6 Reg. No. 16-11-1 through 16-11-5 16-11-6 16-11-7 16-11-8
Amended Amended Amended Revoked Action V. 29, p. 1314 V. 29, p. 1314 V. 29, p. 1315 V. 29, p. 1315 Register
V. 29, p. 1813-1815 V. 29, p. 1816 V. 29, p. 1816 V. 29, p. 1816
AGENCY 19: GOVERNMENTAL ETHICS COMMISSION Reg. No. 19-6-1 19-22-1 19-23-1 19-30-4 Reg. No. 22-1-1 22-1-2 22-1-3 22-8-13 22-10-3 22-11-6 22-11-8 22-15-7 22-18-3 Reg. No. 26-39-100 26-39-101 26-39-105 26-40-301 through 26-40-305 Action Amended Amended Amended Revoked Action Amended Amended Amended Amended Amended Revoked Amended Revoked Amended Action Amended Amended Amended New Register V. 29, p. 112 V. 30, p. 92 V. 30, p. 92 V. 30, p. 92 Register V. 30, p. 46 V. 30, p. 46 V. 30, p. 46 V. 30, p. 47 V. 30, p. 47 V. 30, p. 48 V. 30, p. 48 V. 30, p. 49 V. 30, p. 49 Register V. 29, p. 1772 V. 29, p. 1775 V. 29, p. 1777 V. 29, p. 1777-1793
AGENCY 5: DEPARTMENT OF AGRICULTUREDIVISION OF WATER RESOURCES Reg. No. 5-1-4 5-1-9 5-3-23 5-3-23 5-4-1 5-4-1a 5-7-1 5-17-2 5-22-7 5-25-5 5-25-15 Reg. No. 7-16-1 7-16-1 Reg. No. 9-7-4 9-7-4 9-27-1 Action Amended Amended Amended (T) Amended Amended New Amended Amended Amended Amended Amended Action Amended (T) Amended Action Amended (T) Amended Amended Register V. 29, p. 652 V. 29, p. 653 V. 29, p. 1338 V. 29, p. 1598 V. 29, p. 1476 V. 29, p. 1477 V. 29, p. 653 V. 29, p. 654 V. 29, p. 596 V. 29, p. 1598 V. 29, p. 654 Register V. 29, p. 1115 V. 29, p. 1281 Register V. 29, p. 703 V. 29, p. 1336 V. 29, p. 1337
AGENCY 4: DEPARTMENT OF AGRICULTURE Reg. No. 4-3-47 4-7-213 4-7-716 4-10-1 4-10-1a 4-10-1b 4-10-2a through 4-10-2d 4-10-2e 4-10-2f through 4-10-2k 4-10-4 4-10-4a through 4-10-4f 4-10-5a 4-10-6 4-10-6a 4-10-6b 4-10-7 4-10-10 4-10-15 4-10-16 4-10-17 4-13-2 4-13-3 4-13-9 4-13-14 4-13-16 4-13-17 4-13-18 4-13-20 4-13-21 4-13-22 4-13-23 4-13-24 4-13-25 Action Amended (T) Amended Amended Amended New New Revoked Amended Revoked Revoked New Amended Revoked New New Amended New Revoked Amended Revoked Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked Amended Amended Amended Register V. 30, p. 25 V. 29, p. 1023 V. 29, p. 1023 V. 29, p. 254 V. 29, p. 255 V. 29, p. 255 V. 29, p. 255 V. 29, p. 255 V. 29, p. 256 V. 29, p. 256 V. 29, p. 256-258 V. 29, p. 258 V. 29, p. 259 V. 29, p. 259 V. 29, p. 259 V. 29, p. 259 V. 29, p. 260 V. 29, p. 260 V. 29, p. 260 V. 29, p. 261 V. 29, p. 69 V. 29, p. 69 V. 29, p. 71 V. 29, p. 71 V. 29, p. 71 V. 29, p. 72 V. 29, p. 72 V. 29, p. 72 V. 29, p. 72 V. 29, p. 72 V. 29, p. 72 V. 29, p. 72 V. 29, p. 1242
AGENCY 28: DEPARTMENT OF HEALTH AND ENVIRONMENT Reg. No. 28-1-27 28-4-92 28-4-92 28-4-370 through 28-4-379 28-4-503 28-4-505 28-4-514 28-4-520 28-4-521 28-4-1300 through 28-4-1318 28-16-28g 28-19-200a 28-19-202 28-19-325 28-19-350 28-19-517 28-19-645a 28-19-712 28-19-712a through 28-19-712d 28-19-713 28-19-713a through 28-19-713d 28-19-720 28-19-728 28-19-728a through 28-19-728f 28-19-735 28-19-750 Action New Amended (T) Amended Revoked Amended Amended Amended New New New Amended New Amended New Amended Amended New (T) New New New New Amended Revoked Revoked Amended Amended Register V. 30, p. 111 V. 29, p. 1348 V. 29, p. 1705 V. 29, p. 1024 V. 29, p. 1662 V. 29, p. 1662 V. 29, p. 1663 V. 29, p. 1663 V. 29, p. 1663 V. 29, p. 1024-1032 V. 29, p. 181 V. 29, p. 1634 V. 29, p. 1509 V. 29, p. 1634 V. 29, p. 1635 V. 29, p. 1510 V. 30, p. 232 V. 29, p. 866 V. 29, p. 867 V. 29, p. 867 V. 29, p. 867, 868 V. 29, p. 1510 V. 29, p. 1511 V. 29, p. 1511 V. 29, p. 1511 V. 29, p. 1511
AGENCY 14: DEPARTMENT OF REVENUE DIVISION OF ALCOHOLIC BEVERAGE CONTROL 14-6-2a Revoked V. 29, p. 1306 14-6-3 Revoked V. 29, p. 1306 14-6-4 Amended V. 29, p. 1306 14-11-1 New V. 29, p. 1307 14-11-4 New V. 29, p. 1307 14-11-5 Amended V. 29, p. 1307 14-11-6 Amended V. 29, p. 1307 14-11-7 Amended V. 29, p. 1307 14-11-9 Amended V. 29, p. 1307 14-11-10a Revoked V. 29, p. 1307 14-11-10b Revoked V. 29, p. 1308 14-11-10d Revoked V. 29, p. 1308 14-11-11 Revoked V. 29, p. 1633 14-11-14 Revoked V. 29, p. 1308 14-11-15 Amended V. 29, p. 1308 14-11-16 Amended V. 29, p. 1308 14-11-22 New V. 29, p. 1633 14-11-23 through 14-11-29 New V. 29, P. 1308-1310 14-11-27 Revoked V. 29, p. 1730 14-16-25 New V. 29, p. 1310 14-19-27 Amended V. 29, p. 1310 14-19-38 New V. 29, p. 1311 14-19-39 New V. 29, p. 1311 14-20-29 Amended V. 29, p. 1311 14-20-40 New V. 29, p. 1312 14-20-41 New V. 29, p. 1312 14-21-12 Amended V. 29, p. 1313 14-21-21 New V. 29, p. 1313 14-21-22 New V. 29, p. 1313 14-23-2 Amended V. 29, p. 1314
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28-19-750a 28-21-1 28-21-6 28-21-7 28-21-8 28-21-9 28-21-10 28-21-11 28-21-20a 28-21-21a 28-21-22a 28-21-23a 28-21-24a 28-21-25a 28-21-26a 28-21-27a 28-21-28a 28-21-29a 28-21-30a 28-21-31a 28-21-32a 28-21-33a 28-21-34a 28-21-35a 28-21-40a 28-21-41a 28-21-42a 28-21-43a 28-21-44a 28-21-50a 28-21-51a 28-21-52a 28-21-53a 28-21-54a 28-21-55a 28-21-56a 28-21-57a 28-21-58a 28-21-59a 28-21-60a 28-21-61a 28-21-62a 28-21-63 28-21-64 28-21-70a 28-21-71a 28-21-72a 28-21-82 through 28-21-85 28-23-4 28-23-9 28-23-10 28-23-20 through 28-23-24 28-23-26 through 28-23-32 28-23-34 through 28-23-36 28-23-41 through 28-23-55 28-23-70 28-23-71 28-23-73 28-23-75 28-23-78 through 28-23-80 28-35-135l 28-35-135t 28-35-135w 28-35-175a 28-35-178b 28-35-178e 28-35-178j 28-35-180b 28-35-181a 28-35-181e 28-35-181j 28-35-181m 28-35-181o Amended Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked Amended Amended Amended V. 29, p. 1511 V. 29, p. 725 V. 29, p. 725 V. 29, p. 725 V. 29, p. 725 V. 29, p. 725 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. V. V. V. 29, 29, 29, 29, p. p. p. p. 726 726 726 726
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28-35-192b 28-35-192c 28-35-192d 28-35-192e 28-35-192g 28-35-194a 28-35-212a 28-35-216a 28-35-225b 28-35-231c 28-35-242 28-35-264 28-35-334 28-35-346 28-35-411 28-36-30 28-36-31 28-36-70 through 28-36-89 28-36-101 through 28-36-109 28-39-162 28-39-162a 28-39-162b 28-39-162c 28-43-1 through 28-43-11 28-46-1 28-46-2a 28-46-3 through 28-46-22 28-46-27 28-46-28 28-46-29 28-46-29a 28-46-30 28-46-30a 28-46-30b 28-46-31 28-46-33 28-46-34 28-46-35 28-46-40 28-46-41 28-46-44 28-46-45 28-61-1 28-61-2 28-61-5 28-61-8 28-72-1 28-72-1a 28-72-1c 28-72-1d 28-72-1e 28-72-1g 28-72-1h 28-72-1i 28-72-1k 28-72-1l 28-72-1m 28-72-1n 28-72-1o 28-72-1p 28-72-1r 28-72-1s 28-72-1t 28-72-1v 28-72-1x 28-72-2 28-72-3 28-72-4 28-72-4a 28-72-4b 28-72-4c 28-72-5 28-72-6 28-72-6a 28-72-7 28-72-7a 28-72-8 Amended Amended Revoked Amended Amended Amended Amended Amended New Amended Amended Amended Amended Amended Amended Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Amended Amended Amended Amended Amended Amended New Amended New New Amended Amended Amended Amended Amended Amended Amended New Amended Amended Amended Amended Revoked New New New New New New New New New New New New New New New New New New Amended Amended Amended Amended Revoked Amended Amended Amended New Amended New Amended V. 30, p. 206 V. 30, p. 206 V. 30, p. 207 V. 30, p. 207 V. 30, p. 207 V. 30, p. 207 V. 30, p. 208 V. 30, p. 209 V. 30, p. 210 V. 30, p. 210 V. 30, p. 210 V. 30, P. 210 V. 30, p. 211 V. 30, p. 212 V. 30, p. 212 V. 29, p. 727 V. 29, p. 727 V. 29, p. 727 V. 29, p. 727 V. 29, p. 1777 V. 29, p. 1777 V. 29, p. 1777 V. 29, p. 1777 V. 29, p. 1137 V. 29, p. 1138 V. 29, p. 1138 V. 29, p. 1139-1141 V. 29, p. 1141 V. 29, p. 1141 V. 29, p. 1141 V. 29, p. 1142 V. 29, p. 1142 V. 29, p. 1142 V. 29, p. 1144 V. 29, p. 1144 V. 29, p. 1144 V. 29, p. 1145 V. 29, p. 1145 V. 29, p. 1145 V. 29, p. 1145 V. 29, p. 1145 V. 29, p. 1145 V. 29, p. 419 V. 29, p. 419 V. 29, p. 420 V. 29, p. 422 V. 29, p. 357 V. 29, p. 357 V. 29, p. 357 V. 29, p. 358 V. 29, p. 358 V. 29, p. 358 V. 29, p. 358 V. 29, p. 359 V. 29, p. 359 V. 29, p. 359 V. 29, p. 360 V. 29, p. 360 V. 29, p. 360 V. 29, p. 360 V. 29, p. 361 V. 29, p. 361 V. 29, p. 361 V. 29, p. 361 V. 29, p. 361 V. 29, p. 361 V. 29, p. 362 V. 29, p. 362 V. 29, p. 366 V. 29, p. 368 V. 29, p. 368 V. 29, p. 369 V. 29, p. 370 V. 29, p. 371 V. 29, p. 373 V. 29, p. 373 V. 29, p. 374 28-72-9 28-72-10 28-72-10a 28-72-11 28-72-12 28-72-13 28-72-14 28-72-15 28-72-16 28-72-17 28-72-18 28-72-18a 28-72-18b 28-72-18c 28-72-18d 28-72-18e 28-72-19 28-72-20 28-72-21 28-72-22 28-72-51 28-72-52 28-72-53 Amended Amended New Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29,
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p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. 375 376 377 378 378 379 379 380 380 381 382 383 384 384 385 386 387 387 387 388 388 389 389
AGENCY 30: SOCIAL AND REHABILITATION SERVICES Reg. No. 30-5-118a Action Revoked Register V. 29, p. 293
AGENCY 40: KANSAS INSURANCE DEPARTMENT Reg. No. 40-1-37 40-1-48 40-3-33 40-3-43 40-4-43 40-7-26 40-7-27 40-9-23 Action Amended Amended Revoked Amended New New New New Register V. 30, p. 193 V. 29, p. 1752 V. 30, p. 232 V. 29, p. 1337 V. 29, p. 703 V. 29, p. 1752 V. 29, p. 1753 V. 29, p. 1813
V. 29, p. 727 V. 30, p. 195 V. 30, p. 196 V. 30, p. 197 V. 30, p. 198 V. 30, p. 198 V. 30, p. 200 V. 30, p. 201 V. 30, p. 201 V. 30, p. 203 V. 30, p. 203 V. 30, p. 203 V. 30, p. 204 V. 30, p. 205
New
V. 29, p. 675, 676
(continued)
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AGENCY 51: DEPARTMENT OF LABOR DIVISION OF WORKERS COMPENSATION Reg. No. 51-9-7 Reg. No. 60-16-105 Action Amended Action Revoked Register V. 29, p. 1508 Register V. 29, p. 1115 82-4-28a 82-4-28b 82-4-30a 82-4-30a 82-4-31 82-4-32 82-4-33 82-4-35 82-4-35a 82-4-37 82-4-40 82-4-42 82-4-48 82-4-48a 82-4-53 82-4-54 82-4-55 82-4-56a 82-4-57 82-4-58 82-4-62 82-4-63 82-4-65 82-4-77 82-16-1 through 82-16-6 82-17-1 through 82-17-5
Kansas Register
Revoked Revoked Amended (T) Amended Revoked Amended Amended Amended Amended Revoked Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked Amended Amended Amended New New Action Amended Amended Amended Amended V. 29, p. 1449 V. 29, p. 1449 V. 29, p. 702 V. 29, p. 1392 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1451 V. 29, p. 1451 V. 29, p. 1451 V. 29, p. 1452 V. 29, p. 1452 V. 29, p. 1452 V. 29, p. 1453 V. 29, p. 1453 V. 29, p. 1453 V. 29, p. 1453 V. 29, p. 1453 V. 29, p. 1454 V. 29, p. 1598-1601 V. 29, p. 1136, 1137 Register V. 29, p. 1415 V. 30, p. 193 V. 29, p. 408 V. 30, p. 194 Reg. No. 102-2-3
AGENCY 102: BEHAVIORAL SCIENCES REGULATORY BOARD Action Amended Register V. 29, p. 340
AGENCY 105: BOARD OF INDIGENTS DEFENSE SERVICES Reg. No. 105-4-1 105-4-1 105-5-2 105-5-2 105-5-3 105-5-3 105-5-6 105-5-6 105-5-7 105-5-7 105-5-8 105-5-8 105-11-1 105-11-1 Action Amended (T) Amended Amended (T) Amended Amended (T) Amended Amended (T) Amended Amended (T) Amended Amended (T) Amended Amended (T) Amended Register V. 29, V. 29, V. 29, V. 29, V. 29, V. 29, V. 29, V. 29, V. 29, V. 29, V. 29, V. 29, V. 29, V. 29, p. p. p. p. p. p. p. p. p. p. p. p. p. p. 1338 1506 1339 1506 1339 1506 1339 1506 1339 1507 1340 1507 1340 1507
AGENCY 66: BOARD OF TECHNICAL PROFESSIONS Reg. No. 66-8-6 66-10-1 66-12-1 66-14-10 Reg. No. 68-1-1b 68-7-11 68-7-21 68-20-10a 68-21-1 through 68-21-7 Reg. No. 71-5-1 through 71-5-6 71-5-7 through 71-5-13 Reg. No. 74-4-8 74-4-9 74-5-2 74-5-101 74-5-202 74-5-203 74-6-2 74-11-6 74-11-7 74-12-1 74-15-2 Action Amended Amended Amended Amended Action Amended Amended New Amended New Action Register V. 29, p. 794 V. 29, p. 794 V. 29, p. 794 V. 29, p. 794 Register V. 29, p. 465 V. 29, p. 1053 V. 29, p. 465 V. 29, p. 466 V. 29, p. 1417-1420 Register
AGENCY 88: BOARD OF REGENTS Reg. No. 88-24-1 88-28-1 88-28-6 88-30-1
AGENCY 109: BOARD OF EMERGENCY MEDICAL SERVICES Reg. No. 109-1-1a 109-5-1 109-5-1a 109-5-1b 109-5-1d 109-5-1e 109-5-1f 109-5-3 109-5-4 109-5-7a 109-5-7b 109-5-7d 109-6-1 109-6-2 109-8-1 109-10-1a 109-10-1b 109-10-1d 109-10-1e 109-10-1f 109-10-1g 109-10-6 109-10-7 109-11-1 109-11-1a 109-11-3 109-11-3a 109-11-4 109-11-6 109-11-6a 109-15-2 Reg. No. 110-4-1 through 110-4-5 Action New (T) Amended (T) New (T) New (T) New (T) New (T) New (T) Amended Revoked New (T) New (T) New (T) Amended Amended Amended (T) New (T) New (T) New (T) New (T) New (T) New (T) Amended (T) New Amended New (T) Amended New (T) Amended Amended New (T) Amended Action Register V. 30, p. 138 V. 30, p. 138 V. 30, p. 139 V. 30, p. 139 V. 30, p. 139 V. 30, p. 139 V. 30, p. 139 V. 29, p. 1282 V. 29, p. 113 V. 30, p. 139 V. 30, p. 140 V. 30, p. 141 V. 29, p. 113 V. 29, p. 113 V. 30, p. 141 V. 30, p. 141 V. 30, p. 142 V. 30, p. 142 V. 30, p. 142 V. 30, p. 142 V. 30, p. 142 V. 30, p. 143 V. 29, p. 113 V. 29, p. 1283 V. 30, p. 143 V. 29, p. 1284 V. 30, p. 144 V. 29, p. 1284 V. 29, p. 1285 V. 30, p. 144 V. 29, p. 1285 Register
Revoked New Action Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked
V. 29, p. 1593 V. 29, p. 1593-1597 Register V. 29, p. 1636 V. 29, p. 1638 V. 29, p. 1638 V. 29, p. 1639 V. 29, p. 1639 V. 29, p. 1639 V. 29, p. 1640 V. 29, p. 1640 V. 29, p. 1640 V. 29, p. 1641 V. 29, p. 1641
AGENCY 91: DEPARTMENT OF EDUCATION Reg. No. 91-40-1 91-40-27 Reg. No. 92-24-23 92-51-25a Reg. No. 94-2-1 through 94-2-21 94-5-1 through 94-5-25 Action Amended Amended Action Amended New Action Register V. 29, p. 1093 V. 29, p. 1098 Register V. 29, p. 1633 V. 29, p. 1281 Register
Revoked New
V. 29, p. 1478, 1479 V. 29, p. 1479-1485
AGENCY 82: STATE CORPORATION COMMISSION Reg. No. 82-1-219 82-3-101a 82-3-311a 82-3-1100 through 82-3-1120 82-4-2 82-4-3a 82-4-3d 82-4-3f 82-4-3n 82-4-3o 82-4-6a 82-4-8h 82-4-21 82-4-22 82-4-23 82-4-24a 82-4-26 82-4-26a 82-4-27 82-4-27a 82-4-27c 82-4-27e 82-4-28 Action Amended New New New Amended Amended Amended Amended New New Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked Register V. 29, p. 1099 V. 29, p. 1508 V. 29, p. 181 V. 29, p. 182-190 V. 29, p. 1443 V. 29, p. 1443 V. 29, p. 1444 V. 29, p. 1390 V. 29, p. 1444 V. 29, p. 1445 V. 29, p. 1446 V. 29, p. 1446 V. 29, p. 1446 V. 29, p. 1446 V. 29, p. 1447 V. 29, p. 1447 V. 29, p. 1447 V. 29, p. 1447 V. 29, p. 1447 V. 29, p. 1448 V. 29, p. 1448 V. 29, p. 1449 V. 29, p. 1449
Agency 97: COMMISSION ON VETERANS AFFAIRS Reg. No. 97-7-1 through 97-7-6 Action Register
New
V. 29, p. 252-254
AGENCY 99: DEPARTMENT OF AGRICULTUREDIVISION OF WEIGHTS AND MEASURES Reg. No. 99-25-1 99-25-5 99-25-12 Reg. No. 100-11-1 100-29-1 100-49-4 100-55-1 100-55-7 100-69-12 100-72-2 100-73-2 Action Amended Amended New Action Amended Amended Amended Amended Amended New Amended Amended Register V. 29, p. 1242 V. 29, p. 1242 V. 29, p. 1242 Register V. V. V. V. V. V. V. V. 29, 29, 29, 29, 29, 29, 29, 29, p. p. p. p. p. p. p. p. 650 598 651 704 651 704 705 598
Amended
V. 30, p. 25-27
AGENCY 111: KANSAS LOTTERY A complete index listing all regulations filed by the Kansas Lottery from 1988 through 2000 can be found in the Vol. 19, No. 52, December 28, 2000 Kansas Register. A list of regulations filed from 2001 through 2003 can be found in the Vol. 22, No. 52, December 25, 2003 Kansas Register. A list of regulations filed from 2004 through 2005 can be found in the Vol. 24, No. 52, December 29, 2005 Kansas Register. A list of regulations filed from 2006 through 2007 can be found in the Vol. 26, No. 52, December 27, 2007 Kansas Register. A list of
Vol. 30, No. 11, March 17, 2011
regulations filed from 2008 through November 2009 can be found in the Vol. 28, No. 53, December 31, 2009 Kansas Register. The following regulations were filed after December 1, 2009: Reg. No. 111-2-30 111-2-230 111-2-231 111-2-232 111-2-233 111-2-234 111-2-235 through 111-2-240 111-2-241 111-2-242 111-2-243 through 111-2-248 111-2-247 111-2-248 111-2-249 through 111-2-252 111-2-253 111-2-254 111-2-255 111-4-2899 through 111-4-2907 111-4-2908 through 111-4-2911 111-4-2911a 111-4-2912 through 111-4-2923 111-4-2924 through 111-4-2930 111-4-2931 through 111-4-2938 111-4-2939 through 111-4-2948 111-4-2949 through 111-4-2984 111-4-2949 through 111-4-2984 111-4-2985 through 111-4-2988 111-4-2989 111-4-2990 111-4-2991 111-4-2992 through 111-4-3011 111-4-3012 through 111-4-3022 111-4-3023 through 111-4-3027 111-4-3028 through 111-4-3031 Action Amended Amended Amended Amended Amended New New New New New Amended Amended New New New New New New New New New New New New New New New New New New New New New Register V. V. V. V. V. V. 29, 30, 30, 29, 29, 29, p. p. p. p. p. p. 215 232 233 215 215 746
Kansas Register
111-4-3032 through 111-4-3045 111-5-175 through 111-5-179 111-5-180 through 111-5-194 111-5-181 111-5-184 111-5-186 111-5-194 111-7-243 through 111-7-248 111-9-162 111-9-163 111-9-164 111-9-165 111-9-166 111-9-167 111-9-168 111-9-169 111-9-170 111-15-1 111-15-3 111-201-1 through 111-201-17 111-301-1 through 111-301-6 111-301-7 through 111-301-12 111-302-1 through 111-302-6 111-302-4 111-303-1 through 111-303-5 111-304-1 through 111-304-6 111-305-1 through 111-305-6 111-306-1 through 111-306-6 111-306-4 111-306-6 111-307-1 through 111-307-7 111-308-1 through 111-308-7 111-309-1 through 111-309-6 111-310-1 through 111-310-6 111-311-1 through 111-311-7 111-312-1 through 111-312-8 AGENCY 115: DEPARTMENT OF WILDLIFE AND PARKS New New New Amended Amended Amended Amended New New New New New New New New New New Amended Amended New New New New Amended New New New New Amended Amended New New New New New New V. 30, p. 249-258 V. 29, p. 157-159 V. 29, p. 222-228 V. 29, p. 1522 V. 29, p. 1523 V. 29, p. 1524 V. 29, p. 1525 V. 30, p. 259, 260 V. 29, p. 229 V. 29, p. 229 V. 29, p. 230 V. 29, p. 769 V. 29, p. 1184 V. 29, p. 1526 V. 29, p. 1526 V. 29, p. 1527 V. 30, p. 261 V. 30, p. 238 V. 30, p. 238 V. 29, p. 73-79 V. 29, p. 79, 80 V. 30, p. 244-248 V. 29, p. 82-86 V. 30, p. 249 V. 29, p. 87-89 V. 29, p. 89-91 V. 29, p. 474, 475 V. 29, p. 1185-1187 V. 29, p.1260 V. 29, p. 1219 V. 29, p. 1189-1191 V. 29, p. 1261-1263 V. 29, p. 1528-1530 V. 29, p. 1530-1532 V. 29, p. 1532-1535 V. 30, p. 239, 240 Reg. No. 115-2-1 115-2-3 115-2-3a 115-4-2 115-4-4 115-4-4a 115-4-6 115-4-11 115-7-1 115-7-8 115-7-9 115-8-1 115-18-7 115-18-20 115-20-7 Action Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked Amended Amended Amended Amended New
319
Register V. 29, p. 1602 V. 29, p. 1603 V. 29, p. 1603 V. 29, p. 408 V. 29, p. 658 V. 29, p. 659 V. 29, p. 409 V. 29, p. 67 V. 29, p. 1606 V. 29, p. 1607 V. 29, p. 1607 V. 29, p. 1092 V. 29, p. 659 V. 29, p. 1608 V. 29, p. 659
V. 29, p. 1214, 1215 V. 29, p. 1247 V. 29, p. 1247 V. 29, p. 1512, 1513 V. 30, p. 233 V. 30, p. 233 V. 30, p. 233, 234 V. 30, p. 241 V. 30, p. 241 V. 30, p. 249 V. 29, p. 9-14 V. 29, p. 149-152 V. 29, p. 152 V. 29, p. 153-157 V. 29, p. 216-222 V. 29, p. 467-473 V. 29, p. 569-575 V. 29, p. 746-769 V. 29, p. 746-769 V. 29, p. 1180-1183 V. 29, p. 1216 V. 29, p. 1217 V. 29, p. 1218 V. 29, p. 1248-1259 V. 29, p. 1513-1522 V. 30, p. 234-237 V. 30, p. 241-243
AGENCY 117: REAL ESTATE APPRAISAL BOARD Reg. No. 117-2-1 117-2-2 117-3-1 117-3-2 117-4-1 117-4-2 117-6-1 117-6-3 117-7-1 117-8-1 Action Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Register V. 29, p. 412 V. 29, p. 413 V. 29, p. 414 V. 29, p. 415 V. 29, p. 416 V. 29, p. 417 V. 29, p. 656 V. 29, p. 656 V. 30, p. 92 V. 29, p. 418
AGENCY 121: DEPARTMENT OF CREDIT UNIONS Reg. No. 121-10-1 Action Amended Register V. 29, p. 675
AGENCY 129: KANSAS HEALTH POLICY AUTHORITY Reg. No. 129-5-118 129-5-118a 129-5-118b 129-10-31 Action Amended New Amended New Register V. 29, p. 293 V. 29, p. 294 V. 29, p. 296 V. 30, p. 92
AGENCY 130: HOME INSPECTORS REGISTRATION BOARD Reg. No. 130-1-2 130-1-2 130-1-3 130-1-3 130-1-4 130-3-1 130-3-1 130-4-1 130-4-1 130-4-2 130-4-2 130-5-2 Action New (T) New New (T) New Amended New (T) New New (T) New New (T) New New Register V. 29, p. 38 V. 29, p. 567 V. 29, p. 38 V. 29, p. 567 V. 29, p. 567 V. 29, p. 38 V. 29, p. 568 V. 29, p. 39 V. 29, p. 794 V. 29, p. 39 V. 29, p. 794 V. 29, p. 569
Vol. 30, No. 11, March 17, 2011
Kansas Register
In this issue . . .
Page
Attorney General Opinions 2011-5 through 2011-7 .................................................................................................. 322 Kansas Housing Resources Corporation Notice of amendment to the Kansas Consolidated Plan ................................................................ 323 Heartland Works, Inc. Request for proposals for web-based learning management system............................................... 323 Pooled Money Investment Board Notice of investment rates........................................................................................................... 323 City of Overland Park Notice of public information meeting .......................................................................................... 323 Department of AdministrationDivision of Purchases Notice to bidders for state purchases ........................................................................................... 323 Kansas Board of Regents Universities Notice to bidders ........................................................................................................................ 324 Kansas Department of Commerce Request for comments on the Workforce Investment Act and Wagner-Peyser Act programs .......... 324 Legislative bills and resolutions introduced March 10-16 ............................................................... 324 Secretary of State Executive appointments .............................................................................................................. 325 Department of Health and Environment Notice concerning water pollution control permits/applications .................................................... 326 State Conservation Commission Notice of meeting ....................................................................................................................... 328 City of Harper Notice of intent to seek private placement of general obligation bonds.......................................... 328 City of Roeland Park Notice of intent to seek private placement of general obligation bonds.......................................... 328 City of Seneca Notice of intent to seek private placement of general obligation bonds.......................................... 329 Notice of Bond Sale City of Rose Hill......................................................................................................................... 329 Kansas Department of Transportation Notice to contractors................................................................................................................... 330 Permanent Administrative Regulations Department of Wildlife and Parks ............................................................................................... 331 Department of Health and Environment ...................................................................................... 336 Index to administrative regulations ................................................................................................ 338
322
State of Kansas
Kansas Register
Attorney General
A.G. Opinions
Opinion 2011-5 Public Records, Documents and InformationRecords Open to PublicCertain Records not Required to be Open; Correctional Records Pertaining to an Identifiable Inmate or Releasee; Requirement to Release Address; Exclusion of Mental Health or Substance Abuse Counseling; Preemption by Public Health Service Act and Health Insurance Portability and Accountability Act, March 7, 2011. Synopsis: Persons who remain in the custody of the Kansas Department of Corrections and reside at a facility for the purpose of alcohol or substance abuse evaluation or treatment may not have their address distributed as required by the Kansas Open Records Act because of the federal preemption of Kansas statutes concerning individually identifiable health records or patient identity. The restriction may be waived by consent of the individual. Cited herein: K.S.A. 21-4703; 22-3712; 45-216; K.S.A. 2010 Supp. 45-221; 42 U.S.C. 290dd; 42 U.S.C. 1320d; 42 C.F.R. Ch. 1 2.11, 2.12, 2.20; 42 C.F.R. Part 2 Subparts C, D, and E; 45 C.F.R. 160.103, 160.202 and 164.501. MJS Opinion 2011-6 Cities and MunicipalitiesMiscellaneous Provisions Firearms and Ammunition; Regulation by City or County, Limitations; Openly Carrying a Loaded Firearm, March 11, 2011. Synopsis: A city or county may regulate the manner of
openly carrying a loaded firearm on the person of a concealed carry permit holder. A city or county may regulate the manner of openly carrying a loaded firearm on the person of a non-holder of a concealed carry permit holder. A city or county may regulate the manner of openly carrying a loaded firearm in the immediate control of a non-holder of a concealed carry permit holder, whether on public or private property. A city or county may not regulate the manner of openly carrying a loaded firearm in the immediate control of a holder of a concealed carry permit when such holder is on public property. Cited herein: K.S.A. 2010 Supp. 12-16,124. DS Opinion 2011-7 LegislatureLegislative Post AuditFinancial Compliance Audit; Audits of State Agencies; Access to Records of State Agencies and Certain Persons; Duty of Confidentiality; Access to Records of State Agency not Being Audited, March 16, 2011. Synopsis: An audit firm conducting an annual financial-compliance audit of the Kansas Lottery, under a contract with the Legislative Division of Post Audit, has access to confidential records maintained by the Kansas Racing and Gaming Commission. The audit firm, as well as the Division, is subject to a duty of confidentiality imposed by the Kansas Expanded Lottery Act regarding such records. Cited herein: K.S.A. 46-1101; 46-1106; 461112; 46-1123; K.S.A. 2010 Supp. 74-8733; 74-8745; K.S.A. 74-7487. CN Derek Schmidt Attorney General
Doc. No. 039246
Vol. 30, No. 12, March 24, 2011
Notices
State of Kansas
Kansas Register
323

Notice of Amendment to the Kansas Consolidated Plan The Kansas Housing Resources Corporation is proposing to amend the HOME Investment Partnerships Program Action Plan for program year 2011. This amendment will remove CHDO homebuyer new construction as an approved activity. Comments on this amendment will be accepted until April 24. For additional information, contact the Kansas Housing Resources Corporation, 611 S. Kansas Ave., Suite 300, Topeka, 66603, (785) 2965865, fax (785) 296-8985, info@kshousingcorp.org or www.kshousingcorp.org. Dennis L. Mesa Executive Director
Doc. No. 039235

Notice of Public Information Meeting The city of Overland Park will be conducting the second public meeting regarding the roadway improvement plan for Quivira Road, 119th Street to College Boulevard. This meeting has been scheduled to review the improvement plans, right-of-way plans and utility relocation plans that have been prepared for this project. The open house public meeting will be held from 6 to 7:30 p.m. Wednesday, March 30, at the Tomahawk Ridge Community Center located in the southwest corner of 119th Street and Lowell, Overland Park. Parking and entrance are located on the west side of the building. The city of Overland Park wants to ensure that the public is aware of this public meeting. The city considers the Overland Park communitys thoughts and ideas about this project to be extremely valuable and encourages the communitys attendance at this meeting. For more information, contact Wayne Gudenkauf, Senior Civil Engineer, city of Overland Park, at (913) 8956042. Mary Lou McClanahan Contract Specialist Public Works Department City of Overland Park, Kansas
Doc. No. 039237
Heartland Works, Inc.

Request for Proposals Heartland Works, Inc. is accepting proposals for the purchase and installation of a web-based learning management system that can deliver, test and track training components for its employees and customers. To receive the RFP packet, which includes all specifications, contact the Heartland Works office at 5020 S.W. 28th St., Suite 100, Topeka, 66614-2348, (785) 234-0500. Proposals must be received not later than 3 p.m. April 21. Heartland Works, Inc. welcomes all interested companies to submit a proposal. Kristine Kitchen Executive Director
Doc. No. 039242
State of Kansas

04/05/2011 04/05/2011 04/12/2011 04/25/2011 EVT0000504 EVT0000515 EVT0000516 EVT0000493 Ready Mix Concrete, D1 Repair of Storm Water System Surfactant Rest Area Maintenance D3
State of Kansas

Doc. No. 039230
04/05/2011 A-011659 HVAC Central Plan Improvements McMindes Hall, Fort Hays State University, Hays

Doc. No. 039245
Vol. 30, No. 12, March 24, 2011
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State of Kansas
Kansas Register
State of Kansas

Request for Comments The Kansas Department of Commerce will post for public comment its state plan for Workforce Investment Act and Wagner-Peyser Act programs. The plan will be available for review and comments will be accepted through April 1. Visit KansasCommerce.com to review the plan and for instructions for submitting comments. Pat George Secretary of Commerce
Doc. No. 039228
State of Kansas
Legislature
Legislative Bills and Resolutions Introduced The following numbers and titles of bills and resolutions were introduced March 10-16 by the 2011 Kansas Legislature. Copies of bills and resolutions are available free of charge from the Legislative Document Room, 58S, State Capitol, 300 S.W. 10th Ave., Topeka, 66612, (785) 296-4096. Full texts of bills, bill tracking and other information may be accessed at www.kslegislature.org. House Bills
HB 2378, AN ACT concerning sales taxation; relating to countywide retailers sales tax authority; services for children and youth; establishing community childrens service fund, administration, expenditures and procedures therefor; amending K.S.A. 2010 Supp. 12-187, 12-189 and 12-192 and repealing the existing sections, by Committee on Taxation. HB 2379, AN ACT concerning the community improvement district act; relating to exempt property and reallocation of assessments; bonds; amending K.S.A. 2010 Supp. 12-6a27, 12-6a28, 12-6a29, 12-6a30, 12-6a31 and 12-6a36 and repealing the existing sections, by Committee on Taxation. HB 2380, AN ACT concerning the Veterans benefit lottery game; disposition of net profits; establishing the veterans benefit lottery game fund and the national guard benefit lottery game fund, by Committee on Appropriations. HB 2381, AN ACT concerning taxation; relating to income tax rates, adjustment, procedure and requirements; sales and compensating use tax rates and distribution; amending K.S.A. 2010 Supp. 79-32,110, 793603, 79-3620, 79-3703 and 79-3710 and repealing the existing sections. HB 2382, AN ACT making and concerning appropriations for the fiscal years ending June, 30, 2011, June 30, 2012, and June 30, 2013, for state agencies; authorizing certain transfers, capital improvement projects and fees, imposing certain restrictions and limitations, and directing or authorizing certain receipts, disbursements and acts incidental to the foregoing, by Committee on Appropriations. HB 2383, AN ACT making and concerning appropriations for fiscal years ending June 30, 2011, June 30, 2012, June 30, 2013, June 30, 2014, June 30, 2015, and June 30, 2016 for state agencies; authorizing certain transfers, capital improvement projects and fees, imposing certain restrictions and limitations, and directing or authorizing certain receipts, disbursements, procedures and acts incidental to the foregoing; amending K.S.A. 2010 Supp. 2-223, 12-5256, 55-193, 72-8814, 75-2319, 75-6702, 76-775, 76-783, 76-7,107, 79-2959, 79-2964, 79-3425i, 79-34,156, 79-34,171 and 82a-953a and repealing the existing sections; also repealing section 138 of chapter 165 of the 2010 Session Laws of Kansas. HB 2384, AN ACT concerning civil procedure; relating to exercise of religion, by Committee on Federal and State Affairs. HB 2385, AN ACT concerning school districts; creating the relevant efficient academic learning education act; amending K.S.A. 72-8233 and repealing the existing sections; also repealing K.S.A. 72-6406, 72-6408, 72-6411, 72-6415, 72-6416, 72-6418, 72-6419, 72-6420, 72-6422, 72-6423, 72-6424, 72-6427, 72-6429, 72-6432, 72-6436, 72-6437, 72-6444, 72-6446,
Doc. No. 038494
Vol. 30, No. 12, March 24, 2011
Bills/Executive Appointments
Kansas Register
Senate Resolutions
325
72-6447, 72-7105a, 72-8237 and 72-8238 and K.S.A. 2010 Supp. 72-3715, 72-3716, 72-6405, 72-6407, 72-6409, 72-6410, 72-6412, 72-6413, 72-6414, 72-6414a, 72-6414b, 72-6415b, 72-6417, 72-6421, 72-6425, 72-6426, 726428, 72-6430, 72-6431, 72-6433, 72-6433d, 72-6434, 72-6434b, 72-6435, 726438, 72-6439, 72-6439a, 72-6441, 72-6442b, 72-6443, 72-6445a, 72-6448, 72-6449, 72-6450, 72-6451, 72-6452, 72-6453, 72-6454, 72-6455, 72-6456, 72-6457, 72-6458, 72-6459, 72-64b01, 72-64c03, 72-8248, 72-8249, 72-8250, 72-8254, 72-9509 and 72-9609, by Committee on Federal and State Affairs. HB 2386, AN ACT concerning animal shelters; amending K.S.A. 471731 and repealing the existing section, by Committee on Federal and State Affairs. HB 2387, AN ACT concerning alcoholic beverages; relating to retailers licenses under the Kansas liquor control act; amending K.S.A. 41-713 and 41-1101 and K.S.A. 2010 Supp. 41-102, 41-301, 41-303, 41-311, 41-313, 41-326 and 79-4108 and repealing the existing sections; also repealing K.S.A. 41-103, 41-308 and 41-711, by Committee on Federal and State Affairs. HB 2388, AN ACT concerning housing; relating to the Kansas development finance authority; authorizing the issuance of mortgage revenue bonds; amending K.S.A. 74-8903 and 74-8912 and K.S.A. 2010 Supp. 748902, 74-8904 and 74-8905 and repealing the existing sections, by Committee on Appropriations. HB 2389, AN ACT concerning child abuse reporting; amending K.S.A. 2010 Supp. 38-2226 and repealing the existing section. HB 2390, AN ACT concerning KAN-ED; amending K.S.A. 2010 Supp. 66-2010 and repealing the existing section; also repealing K.S.A. 2010 Supp. 75-7221, 75-7222, 75-7223, 75-7224, 75-7225, 75-7226, 75-7227 and 75-7228. HB 2391, AN ACT concerning anemometer towers; relating to required markings; penalties, by Committee on Taxation. HB 2392, AN ACT concerning setoff against certain debtors; relating to federal department of the treasury, agreements, procedure and fees; amending K.S.A. 75-6204 and K.S.A. 2010 Supp. 75-6202 and repealing the existing sections, by Committee on Taxation.
SR 1825, By Senator Hensley, A RESOLUTION congratulating the Osage City High School girls volleyball team for winning the 2010 Class 3A State Volleyball Title. SR 1826, By Senator Hensley, A RESOLUTION congratulating and commending Sharon OConnor Schwartz. SR 1827, By Senator Vratil, A RESOLUTION congratulating and commending Jeffrey Hanson for being named one of the top two youth volunteers in Kansas for 2011 by the Prudential Spirit of Community Awards. SR 1828, By Senator Holland, A RESOLUTION recognizing and commending sculptor Elden Tefft. SR 1829, By Senators Abrams, Apple, Faust-Goudeau, Francisco, Hensley, Holland, Kelly, Kelsey, Kultala, Masterson, Owens, Petersen, Schodorf, Teichman, Umbarger and Wagle, A RESOLUTION recognizing the Kansas Small Business Development Centers 2010 Businesses of the Year. SR 1830, By Senators A. Schmidt, Morris, Abrams, Holland, Kelly, Kultala, Masterson, Ostmeyer, Pyle, V. Schmidt, Taddiken, Teichman, Umbarger, and Vratil, A RESOLUTION congratulating and commending the trailblazer class of the Kansas Academy of Mathematics and Science.
Doc. No. 039231
State of Kansas
Secretary of State
State Senator, 36th District Allen Schmidt, 1464B Hopewell Road, Hays, 67601. Succeeds Janis Lee, resigned. Allen County Attorney Wade Bowie, 119 Canary Lane, Iola, 66749. Succeeds Jerry Hathaway, resigned. Elk County Attorney Kimberly King, 12121 N. 2nd St., Independence, 67301. Succeeds Marla Foster Ware, resigned. Greenwood County Sheriff Charles Bitler, 815 E. 3rd St., Eureka, 67045. Succeeds Mark Kenneson, resigned. Jefferson County Attorney Robert Fox, P.O. Box 351, Oskaloosa, 66066. Succeeds Caleb Stegall, resigned. Adjutant General of Kansas Brig. Gen. Lee Tafanelli, 2800 S.W. Topeka Blvd., Topeka, 66611. Succeeds Tod Bunting, resigned. Secretary of Administration Dennis Taylor, Suite 500, Curtis State Office Building, 1000 S.W. Jackson, Topeka, 66612. Succeeds Duane Goossen, resigned. Secretary of Agriculture Dale Rodman, 109 S.W. 9th, Topeka, 66612. Succeeds Josh Svaty, resigned.
(continued)

HCR 5025, By Committee on Transportation, A CONCURRENT RESOLUTION urging the United States congress to repeal 23 U.S.C. 127(d) concerning the federal freeze on more productive trucks and allow Kansas to determine the appropriate vehicle size and weight limits necessary for the economic needs of the state.
House Resolutions
HR 6016, By Representatives Phelps and Collins, A RESOLUTION congratulating and commending the trailblazer class of the Kansas Academy of Mathematics and Science.
Senate Bills
SB 233, AN ACT making and concerning appropriations for the fiscal years ending June 30, 2011, June 30, 2012, and June 30, 2013, for state agencies; authorizing certain transfers, capital improvement projects and fees, imposing certain restrictions and limitations, and directing or authorizing certain receipts, disbursements and acts incidental to the foregoing, by Committee on Ways and Means. SB 234, AN ACT making and concerning appropriations for fiscal years ending June 30, 2011, June 30, 2012, June 30, 2013, June 30, 2014, June 30, 2015, and June 30, 2016 for state agencies; authorizing certain transfers, capital improvement projects and fees, imposing certain restrictions and limitations, and directing or authorizing certain receipts, disbursements, procedures and acts incidental to the foregoing; amending K.S.A. 2010 Supp. 2-223, 12-5256, 55-193, 72-8814, 75-2319, 75-6702, 76-775, 76-783, 76-7,107, 79-2959, 79-2964, 79-3425i, 79-34,156, 79-34,171 and 82a-953a and repealing the existing sections; also repealing section 138 of chapter 165 of the 2010 Session Laws of Kansas, by Committee on Ways and Means. SB 235, AN ACT enacting the university engineering initiative act; amending K.S.A. 2010 Supp. 74-8768 and repealing the existing section, by Committee on Ways and Means. SB 236, AN ACT concerning lodging inspections; relating to lodging inspection fees; amending K.S.A. 2010 Supp. 36-502, 36-518 and 74-591 and repealing the existing sections; also repealing K.S.A. 2010 Supp. 36512, by Committee on Ways and Means.
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Commission on Autism
Kansas Register
Executive Appointments/Notice
Anita J. Zortman, Chair, 11322 Middle Road, Dodge City, 67801. Reappointed. State Banking Board Dale Koch, 1135 260th Road, Beloit, 67420. Term expires March 25, 2012. Succeeds Jane Schnellbacher. Secretary of Commerce Pat George, Suite 100, Curtis State Office Building, 1000 S.W. Jackson, Topeka, 66612. Succeeds William Thornton. Secretary of Health and Environment Robert Moser, M.D., Suite 540, Curtis State Office Building, 1000 S.W. Jackson, Topeka, 66612. Succeeds Roderick Bremby, resigned. Kansas Health Policy Authority David Sanford, 1506 Caddy Court, Wichita, 67212. Term expires March 15, 2013. Succeeds Robert Kaplan, resigned. Kansas Human Rights Commission Clyde Howard, 3638 Everett Road, Manhattan, 66503. Term expires Jan. 15, 2013. Reappointed. Antonio Villegas, 1728 Haas Drive, Kansas City, KS 66106. Term expires Jan. 15, 2013. Reappointed. Jerome Williams, 1542 Pleasant View, Wichita, 67203. Term expires Jan. 15, 2013. Reappointed. State Board of Indigents Defense Services James Colgan, 8149 Deer Run St., Lenexa, 66220. Term expires Jan. 15, 2012. Succeeds Denise Tomasic. John Weber, 14221 W. Burton Court, Wichita, 67235. Term expires Jan. 15, 2013. Reappointed. Kansas, Inc. Lawrence McCants, 1019 E. 10th St., Goodland, 67735. Term expires Jan. 15, 2013. Reappointed. Donald Schnacke, 1445 Westover Road, Topeka, 66604. Term expires Jan. 15, 2014. Reappointed. Secretary of Labor Karin Brownlee, 401 S.W. Topeka Blvd., Topeka, 66603. Succeeds Jim Garner, resigned. Kansas Lottery Commission Franklin Diehl, 3018 Campfire Drive, Lawrence, 66049. Term expires March 15, 2012. Succeeds Robert Van Cleave, resigned. Midwestern Radioactive Materials Transportation Committee Jennifer Clark, 2800 S.W. Topeka Blvd., Topeka, 66611. Kansas National Guard Brig. Gen. Victor Braden (Army), 2800 S.W. Topeka Blvd., Topeka, 66611. Serves at the pleasure of the Governor. Brig. Gen. Bradley Link, 2800 S.W. Topeka Blvd., Topeka, 66611. Serves at the pleasure of the Governor. Brig. Gen. Eric Peck (Army), 2800 S.W. Topeka Blvd., Topeka, 66611. Serves at the pleasure of the Governor. Brig. Gen. Lee Tafanelli, Adjutant General of Kansas, 2800 S.W. Topeka Blvd., Topeka, 66611. Serves at the pleasure of the Governor. Succeeds Brig. Gen. John Davoren.
Betty Ann Corbin, 5079 S.W. Fulton Road, Towanda, 67144. Term expires March 15, 2014. Succeeds John Cleland, resigned. Kansas Board of Regents Mildred Edwards, 8927 Meadow Park, Wichita, 67205. Term expires June 30, 2014. Succeeds Jill Docking, resigned. Timothy Emert, 309 N. 4th, Independence, 67301. Term expires June 30, 2014. Succeeds Donna Shank, resigned. A.E. McKechnie, 1124 N. 25th, Arcadia, 66711. Term expires June 30, 2014. Reappointed. Secretary of Revenue Nick Jordan, 2nd Floor, Docking State Office Building, 915 S.W. Harrison, Topeka, 66612. Succeeds Joan Wagnon, resigned. Kansas Securities Commissioner Daniel Aaron Jack, 109 S.W. 9th, Suite 600, Topeka, 66612. Succeeds Marc Wilson, resigned. Kansas Court of Tax Appeals Janis Lee (Chief Hearing Officer), 2032 90 Road, Kensington, 66951. Term expires Jan. 15, 2013. Succeeds Trevor Wohlford, resigned. Trevor Wohlford (Judge), 1719 W. 9th St., Lawrence, 66044. Term expires Jan. 15, 2013. Succeeds Rebecca Crotty, resigned. Kansas Technology Enterprise Corporation Kyle Elliott, 13402 W. 74th St., Shawnee, 66216. Term expires Jan. 15, 2013. Reappointed. Kenneth Frahm, 410 N. Grant, Colby, 67701. Term expires Jan. 15, 2014. Succeeds Douglas Brush. Secretary of Transportation Deb Miller, Eisenhower State Office Building, 700 S.W. Harrison, Topeka, 66603. Reappointed. University of Kansas Hospital Authority Robert Regnier, 3400 W. 119th St., Leawood, 66209. Term expires March 15, 2013. Reappointed. Charles Sunderland, 10209 W. 139th Terrace, Overland Park, 66221. Term expires March 15, 2013. Reappointed.

Doc. No. 039234
State of Kansas

Notice Concerning Kansas/Federal Water Pollution Control Permits and Applications In accordance with Kansas Administrative Regulations 28-16-57 through 63, 28-18-1 through 15, 28-18a-1 through 32, 28-16-150 through 154, 28-46-7, and the authority vested with the state by the administrator of the U.S. Environmental Protection Agency, various draft water pollution control documents (permits, notices to revoke and reissue, notices to terminate) have been prepared and/or permit applications have been received for discharges to waters of the United States and the state of Kansas for the class of discharges described below. The proposed actions concerning the draft documents are based on staff review, applying the appropriate stan-
Vol. 30, No. 12, March 24, 2011
Notice
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dards, regulations and effluent limitations of the state of Kansas and the Environmental Protection Agency. The final action will result in a Federal National Pollutant Discharge Elimination System Authorization and/or a Kansas Water Pollution Control permit being issued, subject to certain conditions, revocation and reissuance of the designated permit or termination of the designated permit. Public Notice No. KS-AG-11-047 Application(s) for New or Expansion of Existing Swine Facilities
Name and Address of Applicant Bruce Livingston 803 5th St. Fairbury, NE 68352 Owner of Property Where Facility Will Be Located Livingston Enterprises - Hillside View 803 5th St. Fairbury, NE 68352
below are pursuant to the Kansas Surface Water Quality Standards, K.A.R. 28-16-28(b-f), and Federal Surface Water Criteria:
Name and Address Receiving Type of of Applicant Stream Discharge Carbondale, City of Wakarusa River via Treated Domestic P.O. Box 70 Burys Creek Wastewater Carbondale, KS 66414 Kansas Permit No. M-KS07-OO01 Federal Permit No. KS0021674 Legal Description: E12, NW14, NE14, S24, T14S, R15E, Osage County Facility Description: The proposed action is to reissue an existing permit for the operation of an existing wastewater treatment facility. The proposed permit contains limits for biochemical oxygen demand, total suspended solids and E. Coli, as well as monitoring of ammonia and pH. Name and Address Receiving Type of of Applicant Stream Discharge Kansas Department of Delaware River via Treated Domestic Transportation Cedar Creek Wastewater Bureau of Design 700 S.W. Harrison 14th Floor Topeka, KS 66603 Kansas Permit No. M-KS95-OO01 Federal Permit No. KS0092304 Legal Description: SW14, SW14, SW14, S30, T2S, R15E, Brown County Facility Name: KDOT - Brown County Rest Area Facility Location: Junction of US-36 and US-75 Facility Description: The proposed action is to reissue an existing permit for the operation of an existing wastewater treatment facility. The proposed permit contains limits for biochemical oxygen demand, total suspended solids and E. coli, as well as monitoring of ammonia and pH. Name and Address Receiving Type of of Applicant Stream Discharge Leavenworth County Stranger Creek via Treated Domestic Commission Little Sandy Creek Wastewater 300 Walnut Leavenworth, KS 66048 Kansas Permit No. M-KS04-OO04 Federal Permit No. KS0086835 Legal Description: NE14, NW14, NE14, S33, T9S, R22E, Leavenworth County Facility Name: Leavenworth County Sewer District #1 - High Crest Facility Description: The proposed action is to reissue an existing permit for the operation of an existing wastewater treatment facility. The proposed permit contains limits for biochemical oxygen demand, total suspended solids and E. coli, as well as monitoring of ammonia and pH.
Legal Description Receiving Water SW/4 of Section 03, Big Blue River Basin T01S, R01E, Washington County Kansas Permit No. A-BBWS-S059 This is an application for a new permit for a new swine facility for 4,800 head (480 animal units) of swine weighing 55 pounds or less. The proposed facility will have an enclosed swine building with a concrete wastewater retention structure and a dead animal composting facility. A new or modified permit will not be issued without additional public notice.
Name and Address Legal Receiving of Applicant Description Water Mann Cattle Company, Inc. S/2 of Section 07, Smoky Hill River David Mann T12S, R26W, Gove Basin 2334 Road 70 County Quinter, KS 67752 Kansas Permit No. A-SHGO-B016 This permit is being reissued for an existing facility with a maximum capacity of 980 head (980 animal units) of cattle more than 700 pounds. There is no change in the permitted animal units from the previous permit. Name and Address Legal Receiving of Applicant Description Water Kent & Steve Tien S/2 of Section 03, Solomon River 1263 W. Navajo Road T03S, R20W, Basin Prairie View, KS 67664 Phillips County Kansas Permit No. A-SOPL-B001 This permit is being reissued for an existing facility with a maximum capacity of 600 head (240 animal units) of swine more than 55 pounds and 759 head (759 animal units) of cattle more than 700 pounds, for a total of 999 animal units. There is no change in the permitted animal units from the previous permit. Name and Address Legal Receiving of Applicant Description Water Taddiken Farm Inc. SW/4 of Section 29, Lower Republican 2614 Hackberry Road T06S, R02E, Clay Clifton, KS 66937 County Kansas Permit No. A-LRCY-S043 This permit is being reissued to an existing facility with a maximum capacity of 750 head (75 animal units) of swine weighing 55 pounds or less.
Notice of Intent to Terminate Pursuant to the requirements of K.A.R. 28-16-60 and K.A.R. 28-16-62, the Kansas Department of Health and Environment hereby provides notice of intent to terminate the following KDHE-issued permits:
Name and Address Facility Address Document No. Deanna Stinnitt Sun & Fun Campground C-KS58-NO05 7325 Ferguson Road 5927 Slough Creek Road Ozawkie, KS 66070 Oskaloosa, KS 66066 Description: The Kansas Department of Health and Environment issued Kansas Water Pollution Control Permit No. C-KS58-NO05 to Deanna Stinnit, dba Sun & Fun Campground, to operate a two-cell wastewater stabilization lagoon. Kansas law requires the payment of an annual permit fee and submittal of a permit renewal application to maintain the operating permit. The permittee has not paid annual permit fees and has failed to submit an application for renewal of the permit. Therefore, pursuant to K.S.A. 65-166a, KDHE is hereby providing notice of its intent to terminate the permit. Unless the (continued)
Public Notice No. KS-Q-11-020/022 The requirements of the draft permits public noticed
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Kansas Register
State of Kansas
Notices
permittee pays the outstanding permit fees and submits an application or appeals the termination of the permit within 30 days of publication of this notice, the permit is hereby terminated with no further action by KDHE. Name and Address Facility Address Document No. Nation Rock LLC NE14, SW14, I-MC26-PO04 13435 Country Road 1095 S19, T22S, R24E, KS0092983 Mound City, KS 66056 Linn County Description: The Kansas Department of Health and Environment issued Kansas Water Pollution Control Permit No. I-MC26-PO04 to Nation Rock LLC to operate the Mound City Quarry, a limestone quarrying and crushing operation with washing. The permittee has failed to submit an application for renewal of the permit. Therefore, pursuant to K.S.A. 65-166a, KDHE is hereby providing notice of its intent to terminate the permit. Unless the permittee submits an application or appeals the termination of the permit within 30 days of publication of this notice, the permit is hereby terminated with no further action by KDHE.

Notice of Meeting The State Conservation Commission will meet at 9 a.m. Monday, April 11, in the commissions conference room, 109 S.W. 9th, Suite 500, Topeka. A copy of the agenda may be obtained by contacting Cathy Thompson at (785) 296-3600. If special accommodations are needed, please contact the agency three days in advance of meeting date. Greg A. Foley Executive Director
Doc. No. 039243
Persons wishing to comment on the draft documents and/or permit applications must submit their comments in writing to the Kansas Department of Health and Environment if they wish to have the comments considered in the decision-making process. Comments should be submitted to the attention of the Livestock Waste Management Section for agricultural-related draft documents or applications, or to the Technical Services Section for all other permits, at the Kansas Department of Health and Environment, Division of Environment, Bureau of Water, 1000 S.W. Jackson, Suite 420, Topeka, 66612-1367. All comments regarding the draft documents or application notices received on or before April 23 will be considered in the formulation of the final determinations regarding this public notice. Please refer to the appropriate Kansas document number (KS-AG-11-047/050, KS-Q-11020/022) and name of the applicant/permittee when preparing comments. After review of any comments received during the public notice period, the Secretary of Health and Environment will issue a determination regarding final agency action on each draft document/application. If response to any draft document/application indicates significant public interest, a public hearing may be held in conformance with K.A.R. 28-16-61 (28-46-21 for UIC). All draft documents/applications and the supporting information including any comments received are on file and may be inspected at the offices of the Kansas Department of Health and Environment, Bureau of Water. These documents are available upon request at the copying cost assessed by KDHE. Application information and components of plans and specifications for all new and expanding swine facilities are available on the Internet at http://www.kdheks.gov/feedlots. Division of Environment offices are open from 8 a.m. to 5 p.m. Monday through Friday, excluding holidays. Robert Moser, M.D. Secretary of Health and Environment
Doc. No. 039239
City of Harper, Kansas

Notice of Intent to Seek Private Placement General Obligation Bonds, Series 2011 Notice is hereby given that the city of Harper, Kansas (the issuer), proposes to seek a private placement of the above-referenced bonds. The maximum aggregate principal amount of the bonds shall not exceed $1,985,000. The proposed sale of the bonds is in all respects subject to approval of a bond purchase agreement between the issuer and the purchaser of the bonds and the passage of an ordinance and adoption of a resolution by the governing body of the issuer authorizing the issuance of the bonds and the execution of various documents necessary to deliver the bonds. Dated February 28, 2011. Tanya Wilson City Clerk
Doc. No. 039236
City of Roeland Park, Kansas

Notice of Intent to Seek Private Placement General Obligation Bonds, Series 2011-1 Notice is hereby given that the city of Roeland Park, Kansas (the issuer), proposes to seek a private placement of the above-referenced bonds. The maximum aggregate principal amount of the bonds shall not exceed $530,000. The proposed sale of the bonds is in all respects subject to approval of a bond purchase agreement between the issuer and the purchaser of the bonds and the passage of an ordinance and adoption of a resolution by the governing body of the issuer authorizing the issuance of the bonds and the execution of various documents necessary to deliver the bonds. Dated March 7, 2011. Debra L. Mootz City Clerk
Doc. No. 039238
Vol. 30, No. 12, March 24, 2011
Notice/Bond Sale
Kansas Register
2025 2026 50,000 50,000
329
City of Seneca, Kansas

Notice of Intent to Seek Private Placement $880,000 General Obligation Bonds Series 2011-A Notice is hereby given that the city of Seneca, Kansas, proposes to seek a private placement of the above-referenced bonds. The maximum aggregate principal amount of the bonds shall not exceed $880,000. The proposed sale of the bonds is in all respects subject to approval of a bond purchase agreement between the issuer and the purchaser of the bonds and the passage of an ordinance and adoption of a resolution by the governing body of the issuer authorizing the issuance of the bonds and the execution of various documents necessary to deliver the bonds. Jane Strathman City Clerk
Doc. No. 039244
The bonds will bear interest from the date thereof at rates to be determined when the bonds are sold as hereinafter provided, which interest will be payable semiannually on April 1 and October 1 in each year, beginning April 1, 2012. Book-Entry-Only System The bonds shall be registered under a book-entry-only system administered through DTC. Paying Agent and Bond Registrar Kansas State Treasurer, Topeka, Kansas. Good Faith Deposit Each bid shall be accompanied by a good faith deposit in the form of a cashiers or certified check drawn on a bank located in the United States, a qualified financial surety bond or a wire transfer in Federal Reserve funds immediately available for use by the issuer in the amount of $11,500. Delivery The issuer will pay for printing the bonds and will deliver the same properly prepared, executed and registered without cost to the successful bidder on or about April 28, 2011, to DTC for the account of the successful bidder. Assessed Valuation and Indebtedness The equalized assessed tangible valuation for computation of bonded debt limitations for the year 2010 is $28,196,249. The total general obligation indebtedness of the issuer as of the dated date, including the bonds being sold, is $7,018,000. Temporary notes in the principal amount of $605,000 will be retired out of proceeds of the bonds and other available funds, which will reduce the outstanding general obligation indebtedness of the issuer to $6,413,000. Approval of Bonds The bonds will be sold subject to the legal opinion of Gilmore & Bell, P.C., Wichita, Kansas, bond counsel, whose approving legal opinion as to the validity of the bonds will be furnished and paid for by the issuer, printed on the bonds and delivered to the successful bidder when the bonds are delivered. Additional Information Additional information regarding the bonds may be obtained from the undersigned, or from the financial advisor, at the addresses set forth below. Written Bid and Good Faith Deposit Delivery Address: Kathy A. Raney, Clerk City Hall 125 W. Rosewood P.O. Box 185 Rose Hill, KS 67133 (316) 776-2712 Fax (316) 776-2769 E-mail: kathy@cityofrosehill.com
(continued)
Summary Notice of Bond Sale City of Rose Hill, Kansas $575,000 General Obligation Bonds, Series 2011 (General obligation bonds payable from unlimited ad valorem taxes) Bids Subject to the Notice of Bond Sale dated March 21, 2011, written and electronic bids will be received on behalf of the clerk of the city of Rose Hill, Kansas (the issuer), in the case of written bids, at the address set forth below, and in the case of electronic bids, through PARITY, until 2 p.m. April 4, 2011, for the purchase of the above-referenced bonds. No bid of less than 100 percent of the principal amount of the bonds and accrued interest thereon to the date of delivery will be considered. Bond Details The bonds will consist of fully registered bonds in the denomination of $5,000 or any integral multiple thereof. The bonds will be dated April 15, 2011, and will become due on October 1 in the years as follows:
2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024
$20,000 30,000 30,000 35,000 35,000 35,000 35,000 40,000 40,000 40,000 45,000 45,000 45,000
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Financial Advisor - Facsimile Bid and Good Faith Deposit Delivery Address: George K. Baum & Company 100 N. Main, Suite 810 Wichita, KS 67202 Attn: Charles M. Boully (316) 264-9351 Fax (316) 264-9370 E-mail: boully@gkbaum.com Dated March 21, 2011.
Kansas Register
Bond Sale/Notice
Wabaunsee4-99 KA-2287-01 Seal on K-4 in Wabaunsee County, 25.1 miles. (State Funds) District One and Two Riley-Geary177-106 KA-2307-01 K-177 in Riley County beginning at the Geary-Riley county line to the existing concrete pavement near the junction of K-18; K177 in Geary County from the beginning of the four lanes north to the Geary-Riley county line, crack repair, 7.8 miles. (State Funds) District Two Northcentral Dickinson15-21 KA-2319-01 K-15 in Dickinson County, crack repair, 26.7 miles. (State Funds) Dickinson-Geary70-106 KA-2297-01 I-70 in Dickinson County from mile post 283 east to the DickinsonGeary county line; I-70 in Geary County from the Dickinson-Geary county line east to the Geary-Riley county line, pavement patching, 33.6 miles. (State Funds) Ellsworth141-27 KA-1405-01 K-4/K-141 junction north to the K-141/K-140 junction, seal, 13.5 miles. (State Funds) Ellsworth156-27 KA-2320-01 K-156 in Ellsworth County, crack seal, 10.7 miles. (State Funds) McPherson-Ellsworth4-106 KA-2323-01 K-4 in McPherson County beginning at the Ellsworth-McPherson county line east to the west city limits of Lindsborg; K-4 in Ellsworth County beginning at the Ellsworth-Rice county line east to the Ellsworth-McPherson county line, crack repair, 19.7 miles. (State Funds) Ellsworth-Lincoln106 KA-2300-01 K-14 in Ellsworth County starting at the K-140 junction north to the west junction of I-70 and the east junction of I-70 north to the Ellsworth-Lincoln county line; K-14 in Lincoln County starting at the Ellsworth-Lincoln county line north to the Lincoln-Mitchell county line; K-284 in Lincoln County beginning at the junction of K-14-K-284 east to the west city limits of Barnard, seal, 39.5 miles. (State Funds) Marion57 C-4155-01 County road 5 miles south and 7 miles east of Lincolnville, grading and bridge, 0.1 mile. (State Funds) McPherson135-59 KA-1608-01 Four I-135 bridges north of U.S. 56, bridge repair. (State Funds) McPherson81-59 KA-1610-01 U.S. 81 bridge 0.2 mile north of Lindsborg, bridge repair. (State Funds) District Three Northwest Sherman70-91 KA-0718-01 I-70 from the Colorado state line east to 0.5 mile east of County Route 1668, grading and surfacing, 12.8 miles. (Federal Funds) Sherman70-91 KA-1629-01 I-70 bridge at the east junction of K-27 at Goodland, bridge repair. (State Funds) District Four Southeast Cherokee171-11 KA-1318-01 K-171 bridge 1.6 miles and 1.7 miles east of U.S. 69, bridge repair, 0.1 mile. (State Funds) Neosho-Labette169-106 KA-2316-01 U.S. 169 in Labette County beginning at the Montgomery-Labette county line north 1.8 miles to the Labette-Neosho county line; U.S. 169 in Neosho County beginning at the LabetteNeosho county line north 7.1 miles to the south city limits of Thayer, milling and overlay, 8.9 miles. (State Funds)
City of Rose Hill, Kansas

Doc. No. 039240
State of Kansas
Notice to Contractors Sealed proposals for the construction of road and bridge work in the following Kansas counties will be received at the Bureau of Construction and Maintenance, KDOT, Topeka, or at the Eisenhower State Office Building, fourth floor west wing, 700 S.W. Harrison, Topeka, until 1 p.m. April 20 and then publicly opened: District One Northeast Brown73-7 KA-2274-01 Culvert repair on U.S. 73 in Brown County, bridge repair. (State Funds) Doniphan7-22 KA-1590-01 K-7 bridge, 8.7 miles northwest of the west junction of U.S. 36, bridge repair. (State Funds) Douglas40-23 KA-1593-01 U.S. 40 bridges, 1.5 miles east of the south junction of U.S. 59, bridge repair. (State Funds) Douglas56-23 KA-2310-01 Improvements to U.S. 56 in Douglas County, recycle and overlay, 12.4 miles. (State Funds) Johnson435-46 KA-2311-01 I-435 bridge in Johnson County, bridge overlay. (State Funds) Marshall77-58 KA-0716-01 U.S. 77, Big Blue River bridge, 0.5 mile east of Blue Rapids, bridge replacement. (Federal Funds) Riley18-81 KA-0410-04 K-18 from Walnut Street in Ogden northeast to 0.3 mile west of K-113/Seth Child Road, grading, bridge and surfacing, 4 miles. (Federal Funds) Riley18-81 KA-0410-05 K-18 from Walnut Street in Ogden northeast to 0.3 mile west of K-113/Seth Child Road, grading, bridge and surfacing, 1.4 miles. (Federal Funds) Riley70-81 KA-1899-01 Two bridges on I-70 in Riley County, bridge repair. (State Funds) Shawnee70-89 KA-2312-01 I-70 pavement repair in Shawnee County, 3.9 miles. (State Funds) Shawnee4-89 KA-2313-01 K-4 in Shawnee County, pavement patching, 1 mile. (State Funds) Shawnee75-89 KA-2318-01 Seal on U.S. 75 in Shawnee County, joint repair, 5.9 miles. (State Funds) Wabaunsee4-99 KA-0695-01 K-4, south branch Mission Creek bridge 3 mileS north of Eskridge, bridge replacement. (Federal Funds)
Vol. 30, No. 12, March 24, 2011
Notice/Regulations
Kansas Register
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District Five Southcentral Butler54-8 KA-2288-01 U.S. 54 in Butler County, bituminous seal, 7.5 miles. (State Funds) Cowley15-18 KA-2291-01 K-15 in Cowley County, seal, 7.9 miles. (State Funds) Harvey40 KA-1599-01 County bridge 0.4 mile east of I-135 and county bridge 3.9 miles east of K-89, bridge repair. (State Funds) Pratt281-76 KA-0843 U.S. 281 from Fourth Street north to U.S. 54/U.S. 400 in Pratt, grading and surfacing, 0.2 mile. (State Funds) Pratt281-76 - U-2189-01 U.S. 281 from 6th to 4th Street in Pratt, pavement reconstruction, 0.1 mile. (State Funds) Pratt54-76 KA-2286-01 U.S. 54 in Pratt County, seal, 3.6 miles. (State Funds) Rice14-80 - KA-2293-01 K-14 in Rice County, overlay, 10.8 miles. (State Funds) Reno61-78 KA-2283-01 K-61 in Reno County, crack seal, 8.9 miles. (State Funds) Sedgwick54-87 KA-1625-01 U.S. 54 bridge 0.3 mile east of Topeka Avenue, bridge repair. (State Funds) Sedgwick254-87 KA-2308-01 K-254 in Sedgwick County, milling and overlay, 4.6 miles. (State Funds) Seward83-88 KA-2292-01 U.S. 83 in Seward County, seal, 10.1 miles. (State Funds) District Six Southwest Seward-Haskell190-106 KA-2304-01 K-190 in Seward County beginning at the Haskell-Seward county line east to the U.S. 83 junction; K-190 in Haskell County beginning at the Haskell-Seward county line north to the east U.S. 56 junction, recycle and overlay, 13.3 miles. (State Funds) Proposals will be issued upon request to all prospective bidders who have been prequalified by the Kansas Department of Transportation on the basis of financial condition, available construction equipment and experience. Also, a statement of unearned contracts (Form No. 284) must be filed. There will be no discrimination against anyone because of race, age, religion, color, sex, handicap or national origin in the award of contracts. Each bidder shall file a sworn statement executed by or on behalf of the person, firm, association or corporation submitting the bid, certifying that such person, firm, association or corporation has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the submitted bid. This sworn statement shall be in the form of an affidavit executed and sworn to by the bidder before a person who is authorized by the laws of the state to administer oaths. The required form of affidavit will be provided by the state to each prospective bidder. Failure to submit the sworn statement as part of the bid approval package will make the bid nonresponsive and not eligible for award consideration. Plans and specifications for the projects may be examined at the office of the respective county clerk or at the KDOT district office responsible for the work. Deb Miller Secretary of Transportation
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Permanent Administrative Regulations Article 2.FEES, REGISTRATIONS AND OTHER CHARGES 115-2-2. Motor vehicle permit fees. (a) The following motor vehicle permit fees shall be in effect for state parks and for other areas requiring a motor vehicle permit:
April 1 through September 30: One-day temporary motor vehicle permit . . . . . . . . . . . . . . . . . . . . . . . Annual motor vehicle permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Additional annual motor vehicle permit . . . . . . . . . . . . . . . . . . . . . . . . . October 1 through March 31: One-day temporary motor vehicle permit . . . . . . . . . . . . . . . . . . . . . . . Annual motor vehicle permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Additional annual motor vehicle permit . . . . . . . . . . . . . . . . . . . . . . . . . $2.70 22.20 12.20 $2.20 17.20 9.70
(b) Each one-day temporary motor vehicle permit shall expire at 2:00 p.m. on the day following its effective date. (c) Annual motor vehicle permits shall not be valid during designated special events. (Authorized by and implementing K.S.A. 32-807 and K.S.A. 32-901; effective Jan. 22, 1990; amended Oct. 12, 1992; amended Aug. 21, 1995; amended Jan. 1, 2001; amended Jan. 1, 2003; amended Jan. 1, 2005; amended Jan. 1, 2007; amended April 8, 2011.) 115-2-3. Camping, utility, and other fees. (a) Each overnight camping permit shall be valid only for the state park for which it is purchased and shall expire at 2:00 p.m. on the day following its effective date. (b) Any annual camping permit may be used in any state park for unlimited overnight camping, subject to other laws and regulations of the secretary. This permit shall expire on December 31 of the year for which it is issued. (c) Any 14-night camping permit may be used in any state park. This permit shall expire when the permit has been used a total of 14 nights, or on December 31 of the year for which it is issued, whichever is first. (d) Camping permits shall not be transferable. (e) The fee for a designated prime camping area permit shall be in addition to the overnight, annual, 14-night, or other camping permit fee, and shall apply on a nightly basis. (f) Fees shall be due at the time of campsite occupancy and by noon of any subsequent days of campsite occupancy. (g) Fees set by this regulation shall be in addition to any required motor vehicle permit fee specified in K.A.R. 115-2-2. (h) The following fees shall be in effect for state parks and for other designated areas for which camping and utility fees are required:
Campingper camping unit (April 1 through September 30): Annual camping permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$250.00 Overnight camping permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7.00 14-night camping permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99.00 Prime camping area permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.00 Campingper camping unit (October 1 through March 31): Annual camping permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 200.00 (continued)
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Overnight camping permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6.00 14-night camping permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85.00 Overflow primitive camping permit, per night . . . . . . . . . . . . . . . . . 5.00 Recreational vehicle long-term camping permit, except for El Dorado, Milford, and Tuttle Creek State Parks (includes utilities)per month, per unit (annual camping permit and annual vehicle permit required): One utility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 240.00 Two utilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 300.00 Three utilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 360.00 Recreational vehicle long-term camping permit for El Dorado, Milford, and Tuttle Creek State Parks (includes utilities)per month, per unit (annual camping permit and annual vehicle permit required): One utility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 280.00 Two utilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 340.00 Three utilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 400.00 Recreational vehicle short-term parkingper month . . . . . . . . . . 125.00 Utilitieselectricity, water, and sewer hookup per night, per unit: One utility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6.50 Two utilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8.50 Three utilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9.50 Youth group camping permit in designated areas, per camping unitper night . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.50 Group camping permit in designated areas, per personper night . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.50 Reservation fee, per reservation (camping, special use, or day use) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.00 Rent-a-camp: equipment rental per camping unitper night 15.00 Duplicate permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.00 Special event permit negotiated based on event type, required services, and lost revenuemaximum . . . . . . . . . . . . . . . . . . . . . . . 200.00
state highway K-18, then east on state highway K-18 to its junction with state highway K-77, and then south along state highway K-77 to its junction with interstate highway I-70, except federal and state sanctuaries. Fort Riley; subunit 2a: The following described area shall be designated a subunit of unit 2, and, with approval of Fort Riley command, the area shall be open for the taking of elk during the elk season: United States government land lying entirely within the boundaries of the Fort Riley military reservation. Each person hunting in this subunit shall be in possession of any permits and licenses required by Fort Riley. (c) Kansas; unit 3: statewide except for the areas described in units 1 and 2. (Authorized by K.S.A. 32-807; implementing K.S.A. 32-807 and K.S.A. 2010 Supp. 32937; effective April 8, 2011.) 115-4-11. Big game and wild turkey permit applications. (a) General application provisions. (1) Unless otherwise authorized by law or regulation, an individual shall not apply for or obtain more than one antlered or horned big game or wild turkey permit for each big game species or wild turkey, except when the individual is unsuccessful in a limited quota drawing and alternative permits for the species are available at the time of subsequent application or when the individual is the final recipient of a commission permit. (2) Unless otherwise authorized by law or regulation, each big game or wild turkey permit application shall be signed by the individual applying for the permit. (3) Subject to any priority draw system established by this regulation, if the number of permit applications of a specific species and type received by the designated application deadline exceeds the number of available permits of that species and type, a random drawing to issue permits of that species and type shall be conducted by the secretary. (4) A hunt-on-your-own-land permit shall not be tabulated in a priority draw system if the permit would otherwise reduce the applicants odds of receiving a big game permit through that draw system. (b) Deer permit applications. (1) Subject to any priority draw system established by this subsection, in awarding deer permits in units having a limited number of permits, the first priority shall be given to those applicants who did not receive, in the previous year, a deer permit that allowed the taking of an antlered deer. All other deer permit applicants shall be given equal priority. (2) In awarding a limited number of deer permits by a priority draw system, the first priority shall be given to those individuals who have earned the highest number of preference points. Preference points shall be awarded as follows: (A) One point shall be awarded to an individual for each year the individual is unsuccessful in obtaining, by a priority draw system, a deer permit that allows the taking of an antlered deer. (B) If the individual fails to make at least one application or purchase one preference point within a period of five consecutive years, all earned points shall be lost.
(Authorized by and implementing K.S.A. 32-807 and K.S.A. 2009 Supp. 32-988; effective Jan. 22, 1990; amended Jan. 28, 1991; amended June 8, 1992; amended Oct. 12, 1992; amended Aug. 21, 1995; amended Sept. 19, 1997; amended Jan. 1, 1999; amended Jan. 1, 2001; amended Jan. 1, 2003; amended Jan. 1, 2005; amended Jan. 1, 2009; amended Jan. 1, 2011; amended April 8, 2011.) Article 4.BIG GAME 115-4-6b. Elk; management units. Each of the following subsections shall designate an elk management unit: (a) Cimarron; unit 1: that part of Kansas bounded by a line from the Oklahoma-Kansas state line north on county road CR-24 to its junction with state highway K51, then north on state highway K-51 to its junction with road U, then west on state highway K-51 to its junction with road 9, then north on road 9 to its junction with road V, then west on road V to its junction with the ColoradoKansas state line, then south along the Colorado-Kansas border to its junction with the Oklahoma-Kansas border, and then east along the Oklahoma-Kansas border to its junction with county road CR-24, except federal and state sanctuaries. (b) Republican-Tuttle; unit 2: That part of Kansas bounded by a line from the federal highway US-77 and interstate highway I-70 junction, then northeast along interstate highway I-70 to its junction with state highway K-177, then north on state highway K-177 to its junction with state highway K-13, then northeast on state highway K-13 to its junction with the Pottowatomie-Riley county line, then north along the Pottawatomie-Riley county line to its junction with state highway K-16, then west on state highway K-16 to its junction with 22nd road, then west along 22nd road to its junction with state highway 15, then south along state highway K-15 to its junction with
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(C) If an applicant obtains, by a priority draw system, a deer permit that allows the taking of an antlered deer, all earned points shall be lost. (D) If the number of applicants with the most preference points exceeds the number of permits for specified units or permit types, then a drawing shall be held to determine the successful applicants. (E) If an individual desires to apply for a preference point for a deer permit that allows the taking of antlered deer and not receive a permit, the person may apply for and receive a preference point by paying the proper application or preference point fee and making application during the application period specified in K.A.R. 115-259. No individual may apply for more than one preference point in the same calendar year, and no individual shall apply for a preference point in the same calendar year as the calendar year in which the individual is applying for a permit. (3) If an individual is a final recipient of a commission deer permit, the individual shall not possess more than one regular antlered deer permit and one commission deer permit. (4) Applications for nonresident limited-quota antlered deer permits shall be accepted in the Pratt office from the earliest date that applications are available through the last Friday of April each year. Any nonresident applicant may select, at the time of application, one deer management unit and up to one adjacent management unit where that permit shall be valid. (5) Applications for resident firearms either-species, either-sex permits shall be accepted at designated locations from the earliest date that applications are available through the second Friday of July. (6) Applications for resident any-season white-tailed either-sex deer permits, resident archery deer permits, resident muzzleloader either-species either-sex permits, and hunt-on-your-own-land deer permits shall be accepted at designated locations from the earliest date that applications are available through December 30. (7) Each resident applicant for either-species, either-sex muzzleloader or firearm deer permits shall select, at the time of application, the unit where the permit shall be valid. The west unit permit shall be valid in units 1, 2, 17, and 18. The east unit permit shall be valid in units 3, 4, 5, 7, and 16. (8) Applications for antlerless white-tailed deer permits shall be accepted at designated locations from the earliest date that applications are available through January 30 of the following year. (c) Firearm antelope permit applications. In awarding firearm antelope permits, the first priority shall be given to those individuals who have earned the highest number of preference points. Preference points shall be awarded as follows: (1) One point shall be awarded to an individual for each year the individual is unsuccessful in obtaining a firearm antelope permit. (2) If the individual fails to make at least one application or purchase one preference point within a period of five consecutive years, all earned points shall be lost. (3) If an applicant obtains a firearm permit by a priority draw system, all earned points shall be lost.
(4) If the number of applicants with the most preference points exceeds the number of permits for specified units or permit types, then a drawing shall be held to determine the successful applicants. (5) If an individual desires to apply for a preference point for an antelope firearms permit that allows the taking of an antelope and not receive a permit, the person may apply for and receive a preference point by paying the preference point fee and making application during the application period specified in K.A.R. 115-25-7. No individual may apply for more than one preference point in the same calendar year, and no individual shall apply for a preference point in the same calendar year as the calendar year in which the individual is applying for a permit. (6) Applications for resident firearm and muzzleloader permits shall be accepted in the Pratt office from the earliest date that applications are available through the second Friday of June. (7) Applications for resident and nonresident archery permits shall be accepted at designated locations from the earliest date that applications are available through October 30. (8) If there are any unfilled permits after all timely applications have been considered, the application period may be extended by the secretary. (9) Any applicant unsuccessful in obtaining a permit through a drawing may apply for any permit made available during an extended application period, or any other permit that is available on an unlimited basis. (d) Elk permit applications. (1) An individual receiving a limited-quota elk permit shall not be eligible to apply for or receive an elk permit in subsequent seasons, with the following exceptions: (A) An individual receiving an any-elk or a bull-only elk permit may apply for and receive an antlerless-only elk permit in subsequent seasons. (B) An individual receiving a limited-quota, antlerlessonly elk hunting permit shall not be eligible to apply for or receive a limited-quota, antlerless-only elk permit for a five-year period thereafter. Subject to this subsection, however, this individual may apply for and receive an any-elk or bull-only elk permit without a waiting period. (C) When a limited number of elk permits are awarded by a random draw system, each individual shall have an additional opportunity of drawing for each bonus point earned by the individual in addition to the current application. Bonus points shall be awarded as follows: (i) One bonus point shall be awarded to an individual for each year the individual is unsuccessful in obtaining, by a random draw system, an elk permit that allows the taking of an elk. (ii) If an individual fails to make at least one application or purchase one bonus point within a period of five consecutive years, all earned bonus points shall be lost. (iii) If an applicant obtains, by a random draw system, an elk permit that allows the taking of an elk, all earned points shall be lost. (iv) If an individual desires to apply for a bonus point for an elk permit that allows the taking of elk and not receive a permit, the person may apply for and receive a
(continued)
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bonus point by paying the proper application or bonus point fee and making application during the application period specified in K.A.R. 115-25-8. No individual may apply for more than one bonus point in the same calendar year, and no individual shall apply for a bonus point in the same calendar year as the calendar year in which the individual is applying for a permit. (D) Each individual who is the final recipient of a commission elk permit shall be eligible for a limited-quota elk permit, subject to the provisions of this subsection. (E) Limited-quota antlerless-only elk permits and limited-quota either-sex elk permits shall be awarded from a pool of applicants who are Fort Riley military personnel and applicants who are not Fort Riley military personnel. (2) Applications for hunt-on-your-own-land and unlimited over-the-counter elk permits shall be accepted at designated locations from the earliest date that applications are available through March 14 of the following year. (3) Applications for limited-quota antlerless-only elk permits and limited-quota either-sex elk permits shall be accepted at designated locations from the earliest date that applications are available through the second Friday in July. (4) If there are leftover limited-quota antlerless-only elk permits or limited-quota either-sex permits after all timely applications have been considered, the application periods for those permits may be reopened by the secretary. Leftover permits shall be drawn and issued on a daily basis for those application periods reopened by the secretary. Any applicant unsuccessful in obtaining a permit through a drawing may apply for any leftover permit or any other permit that is available on an unlimited basis. (5) Any individual may apply for or obtain no more than one permit that allows the taking of an elk, unless the individual is unsuccessful in a limited-quota drawing and alternative permits for elk are available at the time of subsequent application or the individual obtains a commission permit pursuant to this subsection. (e) Wild turkey permit applications. (1) When awarding wild turkey permits in units having a limited number of permits, the first priority shall be given to those individuals who did not receive a permit in a limited wild turkey unit during the previous year. All other applicants shall be given equal priority. (2) In awarding a limited number of wild turkey permits by a priority draw system, the first priority shall be given to those individuals who have earned the highest number of preference points. Preference points shall be awarded as follows: (A) One point shall be awarded to an individual for each year the individual is unsuccessful in obtaining, by a priority draw system, a wild turkey permit. (B) If the individual fails to make at least one application or purchase one preference point within a period of five consecutive years, all earned points shall be lost. (C) If an applicant obtains, by a priority draw system, a wild turkey permit, all earned points shall be lost. (D) If the number of applicants with the most preference points exceeds the number of permits for specified
units or permit types, then a drawing shall be held to determine the successful applicants. (E) If an individual desires to apply for a preference point for a wild turkey permit and not receive a permit, the person may apply for and receive a preference point by paying the preference point fee and making application during the application period specified in K.A.R. 11525-6. No individual may apply for more than one preference point in the same calendar year, and no individual shall apply for a preference point in the same calendar year as the calendar year in which the individual is applying for a permit. (3) Fall wild turkey permits for unit 1, unit 2, and unit 3 and game tags for unit 2 may be purchased over the counter at designated locations, from the earliest date in the year that applications are available through 5:00 p.m. on January 30 of the following year. (4) Applications for spring wild turkey permits in unit 4 shall be accepted by the department from the earliest date that applications are available until midnight on the second Friday of February. If there are turkey permits left over after all timely applications have been considered, the application period may be reopened by the secretary. Leftover turkey permits shall be issued on a daily competitive basis until the day before the last day of the turkey season or until all turkey permits are issued. (5) Spring wild turkey permits in unit 1, unit 2, and unit 3, youth turkey permits, and second turkey game tags in unit 2 and unit 3 may be purchased over the counter at designated locations from the earliest date that applications are available until midnight on the day before the closing date for the season. (Authorized by K.S.A. 32-807, K.S.A. 2010 Supp. 32-937, K.S.A. 2010 Supp. 32969, and K.S.A. 2010 Supp. 32-970; implementing K.S.A. 2010 Supp. 32-937, K.S.A. 2010 Supp. 32-969, and K.S.A. 2010 Supp. 32-970; effective Sept. 10, 1990; amended May 27, 1991; amended June 1, 2001; amended April 18, 2003; amended Feb. 18, 2005; amended May 15, 2009; amended Feb. 5, 2010; amended April 8, 2011.) Article 16.WILDLIFE DAMAGE CONTROL 115-16-5. Wildlife control permit; operational requirements. (a) Each person holding a valid wildlife control permit issued according to K.A.R. 115-16-6, and each person assisting the permittee while under the constant and direct supervision and in the constant presence of the permittee, shall be authorized to take, transport, release, and euthanize wildlife subject to the restrictions described in this regulation and on the permit. (b) Wildlife may be taken under the authorization of a wildlife control permit only when one or more of the following circumstances exist: (1) The wildlife is found in or near buildings. (2) The wildlife is destroying or about to destroy property. (3) The wildlife is creating a public health or safety hazard or other nuisance. (c) Subject to the restrictions described in this regulation and on the permit, a wildlife control permit shall allow the taking of the following species, notwithstanding other season, open unit, or limit restrictions that may be established by the department:
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(1) Furbearers; (2) small game; (3) reptiles; (4) amphibians; (5) coyotes; (6) nongame mammals, except house mice and Norway rats; (7) pigeons, English sparrows, and starlings; and (8) migratory birds and waterfowl, subject to K.S.A. 321008, and amendments thereto. (d) Subject to applicable federal, state, and local laws and regulations, the wildlife listed in subsection (c) may be taken with the following equipment or methods: (1) Trapping equipment, if each trapping device is equipped with a metal tag with the permittees name and address and is checked at least once each calendar day, and if snares are not attached to a drag. Trapping equipment shall consist of the following: (A) Foothold traps; (B) body-gripping traps; (C) box traps; (D) live traps; and (E) snares; (2) firearms and accessory equipment, as follows: (A) Optical scopes or sights; and (B) sound-suppression devices; (3) BB guns and pellet guns; (4) archery equipment; (5) dogs; (6) falconry; (7) toxicants registered by the Kansas department of agriculture, except that such use may be subject to K.A.R. 115-16-1, K.A.R. 115-16-2, or K.A.R. 115-16-3; (8) habitat modification; (9) net or seine; (10) glue board; (11) hand; (12) any other methods to exclude or frighten wildlife, including repellents; and (13) any other method as specified on the permit. (e) No person shall possess a live species of wildlife taken under the authority of a wildlife control permit beyond the close of the calendar day following capture, unless specifically authorized by the department. Live wildlife shall not be used for display purposes, programs, training dogs, or otherwise kept in captivity, except that pigeons may be used for training dogs. (f) Subject to applicable federal, state, and local laws and regulations, wildlife taken pursuant to a wildlife control permit shall be disposed of using one or more of the following methods: (1) Wildlife taken alive may be controlled using lethal methods or equipment including the methods or equipment listed in paragraphs (d)(2), (d)(3), (d)(4), and (d)(7). (2) Wildlife taken alive may be relocated and released, subject to the following requirements: (A) Wildlife may be released only in suitable habitat located at least 10 miles from the original capture site and only with the prior written permission of the person in legal possession of the release site. (B) Wildlife shall not be released in a location so close to human dwellings that the release is likely to result in recurrence of the reason the wildlife was taken.
(C) Wildlife shall not be released within the limits of any municipality without prior written permission from the appropriate municipal authority. (D) Wildlife may be released on department lands or waters only with the prior written approval of the department. (E) Wildlife shall not be released if injured or if displaying common symptoms of disease, including any of the following: (i) Lack of coordination; (ii) unusual lack of aggressiveness; (iii) unusual secretions from the eyes, nose, or mouth; (iv) rapid or uneven respiration; (v) malnourishment; (vi) loss of muscle control; or (vii) loss of large patches of hair. (F) Wildlife shall not be transported from the state except as authorized by the department. (3) Wildlife species listed in K.A.R. 115-15-1 or K.A.R. 115-15-2, or other wildlife species designated by the department, shall be released according to paragraph (f)(2) if unharmed. If harmed or injured, these species shall be submitted to either the department or a person holding a valid wildlife rehabilitation permit issued according to K.A.R. 115-18-1. (4) Wildlife controlled by poison shall be removed immediately, and all dead wildlife shall be disposed of using one of the following methods: (A) The wildlife may be submitted to a licensed landfill, renderer, or incinerator. (B) The wildlife may be disposed of on private property with the prior written permission of the person in legal possession of the property, except that the wildlife shall not be disposed of within the limits of any municipality without prior written permission from the appropriate municipal authority. (C) Any part of the wildlife, excluding the flesh, may be sold, given, purchased, possessed, and used for any purpose, with the following restrictions and exceptions: (i) The raw fur, pelt, or skin of furbearers may be sold only to a licensed fur dealer. (ii) The carcass and meat of a furbearer may be sold, given, purchased, possessed, and used for any purpose. (iii) No part of any migratory bird or waterfowl shall be sold, given, purchased, possessed, or used for any purpose. (iv) Each person purchasing unprocessed parts of the wildlife shall maintain a bill of sale for at least one calendar year. (D) Dead wildlife controlled by poison or showing symptoms of disease shall be either buried below ground or disposed of as authorized by paragraph (f)(4)(A). (g) Each bobcat or swift fox taken under authority of a wildlife control permit shall be subject to the tagging requirements established by K.A.R. 115-5-2. (Authorized by K.S.A. 32-807; implementing K.S.A. 32-807, K.S.A. 32911, K.S.A. 2009 Supp. 32-919, K.S.A. 2009 Supp. 32-1002, and K.S.A. 2009 Supp. 32-1003; effective July 19, 2002; amended Nov. 27, 2006; amended April 8, 2011.) Robin L. Jennison Acting Secretary of Wildlife and Parks
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Permanent Administrative Regulations
Regulations
Article 61.LICENSURE OF SPEECH LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS 28-61-2. Qualifications for licensure. (a) To determine whether or not an applicant has completed the educational requirements in the area for which the applicant seeks licensure pursuant to K.S.A. 65-6505 and amendments thereto, consideration shall be given to whether or not the academic course of study and practicum content are accredited by the American speech-language-hearing association or are deemed equivalent to the course of study and practicum content of Kansas universities by the secretary. (b) Each applicant who completed the educational requirements specified in K.S.A. 65-6505, and amendments thereto, in a program not accredited by the American speech-language-hearing association shall meet both of the following requirements: (1) Obtain an equivalency validation of the academic course of study or practicum content, or both, from a Kansas college or university with a speech-language pathology or audiology program accredited by the American speech-language-hearing association; and (2) provide transcripts and supervised practicum records verifying that the applicant has successfully completed coursework or supervised practicum experiences related to the principles and methods of prevention, assessment, and intervention for individuals with communication and swallowing disorders in the following subject areas: (A) Articulation; (B) fluency; (C) voice and resonance, including respiration and phonation; (D) receptive and expressive language in speaking, listening, reading, writing, and manual modalities; (E) hearing, including the impact on speech and language; (F) swallowing; (G) cognitive aspects of communication; (H) social aspects of communication; and (I) communication modalities, including oral, manual, augmentative, and alternative communication, and assistive technologies. (c) To determine whether or not an applicant has complied with the requirement that the degree be from an educational institution with standards consistent with the standards of Kansas universities pursuant to K.S.A. 656505 and amendments thereto, consideration shall be given to whether or not the institution is accredited by an accrediting body recognized by either the council on postsecondary accreditation or the secretary of the U.S. department of education, or is deemed equivalent by the secretary. (d) Each applicant who completed the educational requirements specified in K.S.A. 65-6505, and amend Kansas Secretary of State 2011
ments thereto, outside the United States or its territories and whose transcript is not in English shall submit an officially translated English copy of the applicants transcript to the secretary and, if necessary, supporting documents. The transcript shall be translated by a source and in a manner that are acceptable to the secretary. (e) Each applicant who completed the educational requirements specified in K.S.A. 65-6505, and amendments thereto, outside the United States or its territories shall obtain an equivalency validation from an agency approved by the secretary that specializes in educational credential evaluations. (f) Each applicant shall pay any transcription or equivalency validation fee directly to the transcriber or the validating agency. (g) The supervised clinical practicum as specified in K.S.A. 65-6505, and amendments thereto, shall be at least 400 hours, 25 of which shall be observation and 375 of which shall be direct client contact. At least 325 of the 400 hours of supervised clinical practicum shall be earned at the graduate level in the area in which licensure is sought. (h) Each applicant, after completing the requirements in K.S.A. 65-6505 and amendments thereto, shall successfully complete the supervised postgraduate professional experience requirement in the area for which the applicant seeks licensure. The applicant may complete the requirement on a full-time or part-time basis. (1) Full-time means 35 hours per week for nine months. (2) Part-time means 15 to 19 hours per week for 18 months, 20 to 24 hours per week for 15 months, or 25 to 34 hours per week for 12 months. (3) Each applicant working full-time shall spend 80 percent of the week in direct client contact and activities related to client management. (4) Each applicant working part-time shall spend 100 percent of the week in direct client contact and activities related to client management. (5) Direct client contact means assessment, diagnosis, evaluation, screening, habilitation, or rehabilitation of persons with speech, language, or hearing handicaps. (6) Each postgraduate professional experience supervisor shall be currently and fully licensed in Kansas for speech-language pathology or audiology or, if the experience was completed in another state, either be currently and fully licensed in that state or hold the certificate of clinical competence issued by the American speech-language-hearing association. The supervisors license or certificate shall be in the area for which the applicant seeks licensure. (7) The supervisor shall evaluate the applicant on no less than 36 occasions of monitoring activities with at least four hours per month. The supervisor shall make at least 18 on-site observations with at least two hours per month. (8) Monitoring occasions may include on-site observations, conferences in person or on the telephone, evaluation of written reports, evaluations by professional colleagues, or correspondence. (9) The supervisor shall maintain detailed written records of all contacts and conferences during this period. If the supervisor determines that the applicant is not pro-
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viding satisfactory services at any time during the period, the supervisor shall inform the applicant in writing and submit written reports to the applicant during the period of resolution. (10) No licensee shall be approved to serve as a supervisor for a postgraduate professional experience once the secretary initiates a disciplinary proceeding pursuant to K.S.A. 65-6508, and amendments thereto. After the disciplinary action or actions have been concluded, a licensee whose license has been reinstated or otherwise determined to be in good standing may be considered as a supervisor. (i) Each applicant shall be required to pass the specialty area test of the national teacher examination of the educational testing service in the area for which licensure is being sought. The passing score for the examination shall be 600. (1) The educational testing service shall administer the examinations at least twice a year within Kansas. (2) Each applicant shall register to take the examination through the educational testing service, pay the examination fee directly to the educational testing service, and request that the test score be sent directly to the department from the educational testing service. (Authorized by K.S.A. 65-6503; implementing K.S.A. 2010 Supp. 65-6505; effective Dec. 28, 1992; amended March 16, 2001; amended April 16, 2010; amended April 8, 2011.) 28-61-3. Application for a license. (a) Each individual applying for a license shall submit to the department a completed department-approved application form, the required supporting documentation showing completion of all qualifications for licensure, and the appropriate fee as specified in K.A.R. 28-61-9. (b) Each applicant shall provide to the department the applicants academic transcripts and proof of completion of the educational requirements specified in K.S.A. 656505, and amendments thereto. These documents shall be provided directly to the department by the academic institution. (c) Each applicant who seeks licensure in both speechlanguage pathology and audiology shall submit a separate application for each license, meet the qualifications for each license, and pay the fee for each license as specified in K.A.R. 28-61-9. (Authorized by K.S.A. 65-6503; implementing K.S.A. 2010 Supp. 65-6505 and K.S.A. 656506; effective Dec. 28, 1992; amended March 16, 2001; amended April 8, 2011.) 28-61-4. Application for a temporary license. (a) Each applicant who has completed the education and clinical practicum pursuant to K.S.A. 65-6505, and amendments thereto, but has not completed a supervised postgraduate professional experience or examination, or both, shall apply for a temporary license. This temporary
license shall be issued for a period of 12 months and may be renewed for one subsequent 12-month period upon request and with the secretarys approval. (b) Each applicant applying for a temporary license shall submit to the department a completed departmentapproved application form, the required supporting documentation showing completion of education and clinical practicum, and the appropriate fee as specified in K.A.R. 28-61-9. (c) Each applicant shall provide to the department the applicants academic transcripts and proof of completion of the educational requirements specified in K.S.A. 656505, and amendments thereto. These documents shall be provided directly to the department by the academic institution. (d) Each applicant seeking a temporary license for the purpose of completing a supervised postgraduate professional experience shall receive a temporary license before beginning the supervised postgraduate professional experience. (1) Each applicant shall provide to the department a plan for completion of the supervised postgraduate professional experience that has been signed by a supervisor who is currently fully licensed in Kansas in the area in which the applicant seeks licensure. (2) Each applicant shall report any changes in the plan to the department. (3) At the conclusion of the supervised postgraduate professional experience, each supervisor shall sign and submit to the department a report that documents satisfactory completion of the supervised postgraduate professional experience. (e) To renew a temporary license, each applicant shall submit to the secretary a letter of appeal, supporting documentation showing that the examination or supervised postgraduate professional experience, or both, was not completed, and the temporary licensure fee as specified in K.A.R. 28-61-9. (f) Each applicant who seeks temporary licensure in both speech-language pathology and audiology shall submit a separate application for each temporary license, meet the qualifications for each temporary license, and pay the fee for each temporary license. (g) A temporary license may be issued to enable an applicant for reinstatement to complete the continuing education requirements. This license shall be valid for not more than 12 months and shall not be renewed. (Authorized by K.S.A. 65-6503; implementing K.S.A. 2010 Supp. 65-6505 and K.S.A. 65-6506; effective Dec. 28, 1992; amended March 16, 2001; amended April 8, 2011.) Robert Moser, M.D. Secretary of Health and Environment
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4-13-25b through 4-13-25h 4-13-25i 4-13-25j 4-13-25k 4-13-25l 4-13-25m 4-13-30 4-13-33 4-13-62 4-27-1 through 4-27-22 4-28-1 4-28-2 4-28-8 4-28-11 4-28-12 4-28-18 through 4-28-30 Amended Revoked Amended Amended Amended New Amended Amended Amended New Amended Amended Amended Amended Amended New V. 29, p. 1243-1245 V. 29, p. 1246 V. 29, p. 1246 V. 29, p. 1246 V. 29, p. 1247 V. 29, p. 1247 V. 29, p. 72 V. 29, p. 73 V. 29, p. 73 V. 29, p. 706-720 V. 29, p. 720 V. 29, p. 720 V. 29, p. 721 V. 29, p. 722 V. 29, p. 722 V. 29, p. 723-725 14-23-5 14-23-8 14-23-10 14-24-1 through 14-24-6 Reg. No. 16-11-1 through 16-11-5 16-11-6 16-11-7 16-11-8
Amended Amended Amended Revoked Action V. 29, p. 1314 V. 29, p. 1314 V. 29, p. 1315 V. 29, p. 1315 Register
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AGENCY 5: DEPARTMENT OF AGRICULTUREDIVISION OF WATER RESOURCES Reg. No. 5-1-4 5-1-9 5-3-23 5-3-23 5-4-1 5-4-1a 5-7-1 5-17-2 5-22-7 5-25-5 5-25-15 Reg. No. 7-16-1 7-16-1 Reg. No. 9-7-4 9-7-4 9-27-1 Action Amended Amended Amended (T) Amended Amended New Amended Amended Amended Amended Amended Action Amended (T) Amended Action Amended (T) Amended Amended Register V. 29, p. 652 V. 29, p. 653 V. 29, p. 1338 V. 29, p. 1598 V. 29, p. 1476 V. 29, p. 1477 V. 29, p. 653 V. 29, p. 654 V. 29, p. 596 V. 29, p. 1598 V. 29, p. 654 Register V. 29, p. 1115 V. 29, p. 1281 Register V. 29, p. 703 V. 29, p. 1336 V. 29, p. 1337
AGENCY 28: DEPARTMENT OF HEALTH AND ENVIRONMENT Reg. No. 28-1-27 28-4-92 28-4-92 28-4-370 through 28-4-379 28-4-503 28-4-505 28-4-514 28-4-520 28-4-521 28-4-1300 through 28-4-1318 28-16-28g 28-19-200a 28-19-202 28-19-325 28-19-350 28-19-517 28-19-645a 28-19-712 28-19-712a through 28-19-712d 28-19-713 28-19-713a through 28-19-713d 28-19-720 28-19-728 28-19-728a through 28-19-728f 28-19-735 28-19-750 Action New Amended (T) Amended Revoked Amended Amended Amended New New New Amended New Amended New Amended Amended New (T) New New New New Amended Revoked Revoked Amended Amended Register V. 30, p. 111 V. 29, p. 1348 V. 29, p. 1705 V. 29, p. 1024 V. 29, p. 1662 V. 29, p. 1662 V. 29, p. 1663 V. 29, p. 1663 V. 29, p. 1663 V. 29, p. 1024-1032 V. 29, p. 181 V. 29, p. 1634 V. 29, p. 1509 V. 29, p. 1634 V. 29, p. 1635 V. 29, p. 1510 V. 30, p. 232 V. 29, p. 866 V. 29, p. 867 V. 29, p. 867 V. 29, p. 867, 868 V. 29, p. 1510 V. 29, p. 1511 V. 29, p. 1511 V. 29, p. 1511 V. 29, p. 1511
AGENCY 14: DEPARTMENT OF REVENUE DIVISION OF ALCOHOLIC BEVERAGE CONTROL 14-6-2a Revoked V. 29, p. 1306 14-6-3 Revoked V. 29, p. 1306 14-6-4 Amended V. 29, p. 1306 14-11-1 New V. 29, p. 1307 14-11-4 New V. 29, p. 1307 14-11-5 Amended V. 29, p. 1307 14-11-6 Amended V. 29, p. 1307 14-11-7 Amended V. 29, p. 1307 14-11-9 Amended V. 29, p. 1307 14-11-10a Revoked V. 29, p. 1307 14-11-10b Revoked V. 29, p. 1308 14-11-10d Revoked V. 29, p. 1308 14-11-11 Revoked V. 29, p. 1633 14-11-14 Revoked V. 29, p. 1308 14-11-15 Amended V. 29, p. 1308 14-11-16 Amended V. 29, p. 1308 14-11-22 New V. 29, p. 1633 14-11-23 through 14-11-29 New V. 29, P. 1308-1310 14-11-27 Revoked V. 29, p. 1730 14-16-25 New V. 29, p. 1310 14-19-27 Amended V. 29, p. 1310 14-19-38 New V. 29, p. 1311 14-19-39 New V. 29, p. 1311 14-20-29 Amended V. 29, p. 1311 14-20-40 New V. 29, p. 1312 14-20-41 New V. 29, p. 1312 14-21-12 Amended V. 29, p. 1313 14-21-21 New V. 29, p. 1313 14-21-22 New V. 29, p. 1313 14-23-2 Amended V. 29, p. 1314
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AGENCY 51: DEPARTMENT OF LABOR DIVISION OF WORKERS COMPENSATION Reg. No. 51-9-7 Reg. No. 60-16-105 Action Amended Action Revoked Register V. 29, p. 1508 Register V. 29, p. 1115 82-4-28a 82-4-28b 82-4-30a 82-4-30a 82-4-31 82-4-32 82-4-33 82-4-35 82-4-35a 82-4-37 82-4-40 82-4-42 82-4-48 82-4-48a 82-4-53 82-4-54 82-4-55 82-4-56a 82-4-57 82-4-58 82-4-62 82-4-63 82-4-65 82-4-77 82-16-1 through 82-16-6 82-17-1 through 82-17-5
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Revoked Revoked Amended (T) Amended Revoked Amended Amended Amended Amended Revoked Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked Amended Amended Amended New New Action Amended Amended Amended Amended V. 29, p. 1449 V. 29, p. 1449 V. 29, p. 702 V. 29, p. 1392 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1451 V. 29, p. 1451 V. 29, p. 1451 V. 29, p. 1452 V. 29, p. 1452 V. 29, p. 1452 V. 29, p. 1453 V. 29, p. 1453 V. 29, p. 1453 V. 29, p. 1453 V. 29, p. 1453 V. 29, p. 1454 V. 29, p. 1598-1601 V. 29, p. 1136, 1137 Register V. 29, p. 1415 V. 30, p. 193 V. 29, p. 408 V. 30, p. 194 99-25-12 Reg. No. 100-11-1 100-29-1 100-49-4 100-55-1 100-55-7 100-69-12 100-72-2 100-73-2
New Action Amended Amended Amended Amended Amended New Amended Amended V. 29, p. 1242 Register V. V. V. V. V. V. V. V. 29, 29, 29, 29, 29, 29, 29, 29, p. p. p. p. p. p. p. p. 650 598 651 704 651 704 705 598 AGENCY 100: BOARD OF HEALING ARTS
AGENCY 102: BEHAVIORAL SCIENCES REGULATORY BOARD Reg. No. 102-2-3 Action Amended Register V. 29, p. 340
AGENCY 66: BOARD OF TECHNICAL PROFESSIONS Reg. No. 66-8-6 66-10-1 66-12-1 66-14-10 Reg. No. 68-1-1b 68-7-11 68-7-21 68-20-10a 68-21-1 through 68-21-7 Reg. No. 71-5-1 through 71-5-6 71-5-7 through 71-5-13 Reg. No. 74-4-8 74-4-9 74-5-2 74-5-101 74-5-202 74-5-203 74-6-2 74-11-6 74-11-7 74-12-1 74-15-2 Action Amended Amended Amended Amended Action Amended Amended New Amended New Action Register V. 29, p. 794 V. 29, p. 794 V. 29, p. 794 V. 29, p. 794 Register V. 29, p. 465 V. 29, p. 1053 V. 29, p. 465 V. 29, p. 466 V. 29, p. 1417-1420 Register
AGENCY 105: BOARD OF INDIGENTS DEFENSE SERVICES Reg. No. 105-4-1 105-4-1 105-5-2 105-5-2 105-5-3 105-5-3 105-5-6 105-5-6 105-5-7 105-5-7 105-5-8 105-5-8 105-11-1 105-11-1 Action Amended (T) Amended Amended (T) Amended Amended (T) Amended Amended (T) Amended Amended (T) Amended Amended (T) Amended Amended (T) Amended Register V. 29, V. 29, V. 29, V. 29, V. 29, V. 29, V. 29, V. 29, V. 29, V. 29, V. 29, V. 29, V. 29, V. 29, p. p. p. p. p. p. p. p. p. p. p. p. p. p. 1338 1506 1339 1506 1339 1506 1339 1506 1339 1507 1340 1507 1340 1507
AGENCY 91: DEPARTMENT OF EDUCATION Reg. No. 91-40-1 91-40-27 Reg. No. 92-19-3 92-19-3a 92-19-3b 92-19-3c 92-19-10 92-19-16a 92-19-16b 92-19-40 92-19-42 92-19-49b 92-19-55b 92-19-59 92-19-73 92-24-23 92-51-25a Reg. No. Action Amended Amended Action Revoked New New New Revoked Amended Revoked Revoked Revoked Amended New Amended Amended Amended New Action Register V. 29, p. 1093 V. 29, p. 1098 Register V. 30, p. 280 V. 30, p. 280 V. 30, p. 283 V. 30, p. 285 V. 30, p. 285 V. 30, p. 285 V. 30, p. 286 V. 30, p. 286 V. 30, p. 286 V. 30, p. 286 V. 30, p. 287 V. 30, p. 289 V. 30, p. 289 V. 29, p. 1633 V. 29, p. 1281 Register
AGENCY 82: STATE CORPORATION COMMISSION Reg. No. 82-1-219 82-3-101a 82-3-311a 82-3-1100 through 82-3-1120 82-4-2 82-4-3a 82-4-3d 82-4-3f 82-4-3n 82-4-3o 82-4-6a 82-4-8h 82-4-21 82-4-22 82-4-23 82-4-24a 82-4-26 82-4-26a 82-4-27 82-4-27a 82-4-27c 82-4-27e 82-4-28 Action Amended New New New Amended Amended Amended Amended New New Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked Register V. 29, p. 1099 V. 29, p. 1508 V. 29, p. 181 V. 29, p. 182-190 V. 29, p. 1443 V. 29, p. 1443 V. 29, p. 1444 V. 29, p. 1390 V. 29, p. 1444 V. 29, p. 1445 V. 29, p. 1446 V. 29, p. 1446 V. 29, p. 1446 V. 29, p. 1446 V. 29, p. 1447 V. 29, p. 1447 V. 29, p. 1447 V. 29, p. 1447 V. 29, p. 1447 V. 29, p. 1448 V. 29, p. 1448 V. 29, p. 1449 V. 29, p. 1449
AGENCY 94: COURT OF TAX APPEALS 94-2-1 through 94-2-21 94-5-1 through 94-5-25
Revoked New
V. 29, p. 1478, 1479 V. 29, p. 1479-1485
New
V. 29, p. 252-254
AGENCY 99: DEPARTMENT OF AGRICULTUREDIVISION OF WEIGHTS AND MEASURES Reg. No. 99-25-1 99-25-5 Action Amended Amended Register V. 29, p. 1242 V. 29, p. 1242
Amended
V. 30, p. 25-27
Vol. 30, No. 12, March 24, 2011
AGENCY 111: KANSAS LOTTERY A complete index listing all regulations filed by the Kansas Lottery from 1988 through 2000 can be found in the Vol. 19, No. 52, December 28, 2000 Kansas Register. A list of regulations filed from 2001 through 2003 can be found in the Vol. 22, No. 52, December 25, 2003 Kansas Register. A list of regulations filed from 2004 through 2005 can be found in the Vol. 24, No. 52, December 29, 2005 Kansas Register. A list of regulations filed from 2006 through 2007 can be found in the Vol. 26, No. 52, December 27, 2007 Kansas Register. A list of regulations filed from 2008 through November 2009 can be found in the Vol. 28, No. 53, December 31, 2009 Kansas Register. The following regulations were filed after December 1, 2009: Reg. No. 111-2-30 111-2-230 111-2-231 111-2-232 111-2-233 111-2-234 111-2-235 through 111-2-240 111-2-241 111-2-242 111-2-243 through 111-2-248 111-2-247 111-2-248 111-2-249 through 111-2-252 111-2-253 111-2-254 111-2-255 111-4-2899 through 111-4-2907 111-4-2908 through 111-4-2911 111-4-2911a 111-4-2912 through 111-4-2923 111-4-2924 through 111-4-2930 111-4-2931 through 111-4-2938 111-4-2939 through 111-4-2948 111-4-2949 through 111-4-2984 111-4-2949 through 111-4-2984 111-4-2985 through 111-4-2988 111-4-2989 111-4-2990 111-4-2991 111-4-2992 through 111-4-3011 111-4-3012 through 111-4-3022 111-4-3023 through 111-4-3027 111-4-3028 through 111-4-3031 111-4-3032 through 111-4-3045 Action Amended Amended Amended Amended Amended New New New New New Amended Amended New New New New New New New New New New New New New New New New New New New New New New Register V. V. V. V. V. V. 29, 30, 30, 29, 29, 29, p. p. p. p. p. p. 215 232 233 215 215 746
Kansas Register
111-5-175 through 111-5-179 111-5-180 through 111-5-194 111-5-181 111-5-184 111-5-186 111-5-194 111-7-243 through 111-7-248 111-9-162 111-9-163 111-9-164 111-9-165 111-9-166 111-9-167 111-9-168 111-9-169 111-9-170 111-15-1 111-15-3 111-201-1 through 111-201-17 111-301-1 through 111-301-6 111-301-7 through 111-301-12 111-302-1 through 111-302-6 111-302-4 111-303-1 through 111-303-5 111-304-1 through 111-304-6 111-305-1 through 111-305-6 111-306-1 through 111-306-6 111-306-4 111-306-6 111-307-1 through 111-307-7 111-308-1 through 111-308-7 111-309-1 through 111-309-6 111-310-1 through 111-310-6 111-311-1 through 111-311-7 111-312-1 through 111-312-8 New New Amended Amended Amended Amended New New New New New New New New New New Amended Amended New New New New Amended New New New New Amended Amended New New New New New New V. 29, p. 157-159 V. 29, p. 222-228 V. 29, p. 1522 V. 29, p. 1523 V. 29, p. 1524 V. 29, p. 1525 V. 30, p. 259, 260 V. 29, p. 229 V. 29, p. 229 V. 29, p. 230 V. 29, p. 769 V. 29, p. 1184 V. 29, p. 1526 V. 29, p. 1526 V. 29, p. 1527 V. 30, p. 261 V. 30, p. 238 V. 30, p. 238 V. 29, p. 73-79 V. 29, p. 79, 80 V. 30, p. 244-248 V. 29, p. 82-86 V. 30, p. 249 V. 29, p. 87-89 V. 29, p. 89-91 V. 29, p. 474, 475 V. 29, p. 1185-1187 V. 29, p.1260 V. 29, p. 1219 V. 29, p. 1189-1191 V. 29, p. 1261-1263 V. 29, p. 1528-1530 V. 29, p. 1530-1532 V. 29, p. 1532-1535 V. 30, p. 239, 240 112-104-15 112-104-16 112-104-32 112-105-1 112-105-2 112-105-3 112-106-1 112-106-2 112-106-5 112-106-6 112-107-3 112-107-5 112-107-10 112-107-21 112-107-22 112-108-18 112-108-36 112-108-55 112-110-3 112-112-1 112-112-3 112-112-4 112-112-7 112-112-9 Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended
341
V. 30, p. 297 V. 30, p. 298 V. 30, p. 300 V. 30, p. 301 V. 30, p. 301 V. 30, p. 301 V. 30, p. 301 V. 30, p. 303 V. 30, p. 303 V. 30, p. 304 V. 30, p. 304 V. 30, p. 307 V. 30, p. 308 V. 30, p. 309 V. 30, p. 310 V. 30, p. 311 V. 30, p. 312 V. 30, p. 313 V. 30, p. 313 V. 30, p. 314 V. 30, p. 314 V. 30, p. 314 V. 30, p. 315 V. 30, p. 315
V. 29, p. 1214, 1215 V. 29, p. 1247 V. 29, p. 1247 V. 29, p. 1512, 1513 V. 30, p. 233 V. 30, p. 233 V. 30, p. 233, 234 V. 30, p. 241 V. 30, p. 241 V. 30, p. 249 V. 29, p. 9-14 V. 29, p. 149-152 V. 29, p. 152 V. 29, p. 153-157 V. 29, p. 216-222 V. 29, p. 467-473 V. 29, p. 569-575 V. 29, p. 746-769 V. 29, p. 746-769 V. 29, p. 1180-1183 V. 29, p. 1216 V. 29, p. 1217 V. 29, p. 1218 V. 29, p. 1248-1259 V. 29, p. 1513-1522 V. 30, p. 234-237 V. 30, p. 241-243 V. 30, p. 249-258
AGENCY 115: DEPARTMENT OF WILDLIFE AND PARKS Reg. No. 115-2-1 115-2-3 115-2-3a 115-4-2 115-4-4 115-4-4a 115-4-6 115-4-11 115-7-1 115-7-8 115-7-9 115-8-1 115-18-7 115-18-20 115-20-7 Action Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked Amended Amended Amended Amended New Register V. 29, p. 1602 V. 29, p. 1603 V. 29, p. 1603 V. 29, p. 408 V. 29, p. 658 V. 29, p. 659 V. 29, p. 409 V. 29, p. 67 V. 29, p. 1606 V. 29, p. 1607 V. 29, p. 1607 V. 29, p. 1092 V. 29, p. 659 V. 29, p. 1608 V. 29, p. 659
AGENCY 112: RACING AND GAMING COMMISSION Reg. No. 112-101-6 112-102-8 112-103-2 112-103-4 112-103-5 112-103-8 112-103-15 112-104-1 112-104-8 112-104-13 112-104-14 Action Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Register V. 30, p. 290 V. 30, p. 290 V. 30, p. 291 V. 30, p. 292 V. 30, p. 292 V. 30, p. 292 V. 30, p. 292 V. 30, p. 293 V. 30, p. 294 V. 30, p. 295 V. 30, p. 297
AGENCY 130: HOME INSPECTORS REGISTRATION BOARD Reg. No. 130-1-2 130-1-2 130-1-3 Action New (T) New New (T) Register V. 29, p. 38 V. 29, p. 567 V. 29, p. 38
(continued)
Vol. 30, No. 12, March 24, 2011
342
130-1-3 130-1-4 130-3-1 130-3-1 130-4-1 New Amended New (T) New New (T) V. 29, p. 567 V. 29, p. 567 V. 29, p. 38 V. 29, p. 568 V. 29, p. 39 130-4-1 130-4-2 130-4-2 130-5-2
Kansas Register
New New (T) New New V. 29, p. 794 V. 29, p. 39 V. 29, p. 794 V. 29, p. 569 Reg. No. 131-1-1
AGENCY 131: COMMITTEE ON SURETY BONDS AND INSURANCE Action New Register V. 30, p. 195
Vol. 30, No. 12, March 24, 2011
Kansas Register
In this issue . . .
Page
Governmental Ethics Commission Opinion 2011-01 ............................................................................................................................ 346 Office of Judicial Administration Notice of available grant funding ..................................................................................................... 347 Legislative bills and resolutions introduced March 17-23 ........................................................................ 347 State Board of Technical Professions Notice of meetings......................................................................................................................... 348 Office of the Governor Notice of available grant funding ..................................................................................................... 348 Kansas State Fair Board Notice of meeting .......................................................................................................................... 348 Kansas Development Finance Authority Notice of hearing on proposed revenue bonds .................................................................................... 348 Kansas Department of Transportation Notice to contractors ...................................................................................................................... 349 Department of Health and Environment Requests for comments on proposed air quality permits ................................................................. 350, 351 Notice concerning water pollution control permits/applications.............................................................. 352 Notice of hearing on proposed Kansas Nonpoint Source Pollution Management Plan and Kansas Water Quality Certification ......................................................................................... 353 Kansas Board of Regents Universities Notice to bidders........................................................................................................................... 353 Department of AdministrationDivision of Purchases Notice to bidders for state purchases................................................................................................. 354 Notice of Bond Sale City of Hugoton............................................................................................................................ 354 City of Colwich............................................................................................................................. 355 Harvey County ............................................................................................................................. 356 City of Girard Notice of intent to seek private placement of general obligation bonds .................................................... 357 Pooled Money Investment Board Notice of investment rates............................................................................................................... 357 Temporary Administrative Regulations Board of Pharmacy ........................................................................................................................ 357 Kansas Lottery.............................................................................................................................. 357 Permanent Administrative Regulations Department of AgricultureDivision of Water Resources ..................................................................... Department of Health and Environment ............................................................................................ Board of Pharmacy ........................................................................................................................ Behavioral Sciences Regulatory Board ............................................................................................... 369 369 370 371
New State Laws House Bill 2003, designating a part of K-18 highway as the Medal of Honor recipient Donald K. Ross memorial highway .................................................................................. 373 Index to administrative regulations ..................................................................................................... 373
346
State of Kansas
Kansas Register
GEC Opinion
Opinion No. 2011-01 Written March 23, 2011, to Eric Rucker, Assistant Secretary of State, Topeka. This opinion is in response to your letter of March 4, 2011, in which you request an opinion concerning Kansas Secretary of State Kris Kobachs ability to receive an honorarium for the presentation of a lecture sponsored by the KU School of Business. We note at the outset that the Commissions jurisdiction in this case is limited to K.S.A. 46-215 et seq. Thus, whether some other statutory system, common law theory or agency rule and regulation applies to your inquiry is not covered by this opinion. Factual Statement: Your letter states that on October 20, 2010, the KU School of Business invited Kris Kobach to serve as a speaker for the Spring 2011, J.A. Vickers, Sr. and Robert F. Vickers, Sr. Memorial Lecture. The school was requesting Mr. Kobachs insights as the result of his service as a White House Fellow and as Counsel to the United States Attorney General. The letter to Mr. Kobach indicated that they would like Mr. Kobach to discuss economic development for Kansas and, in a subsequent telephone conversation, also requested Mr. Kobach address immigration policy making. At the time of the invitation, Mr. Kobach was a Professor of Law at the UMKC School of Law. The KU School of Business will provide a cash honorarium to Mr. Kobach should he present this lecture. You ask for this opinion as Assistant Secretary of State to Mr. Kobach.
Question: Based upon the facts presented to the Kansas Governmental Ethics Commission, the question you ask is whether Mr. Kobach, now serving as Kansas Secretary of State, can receive this honorarium for presentation of a lecture for the KU School of Business as well as the acceptance of future honoraria under similar circumstances? Opinion: K.S.A. 46-237(f) states, No state officer or employee shall accept any payment of honoraria for any speaking engagement except that a member of the state legislature or a part-time officer or employee of the executive branch of government shall be allowed to receive reimbursement in the preparation for and the making of a presentation at a speaking engagement in an amount fixed by the Commission prior to the acceptance of the speaking engagement. Nothing in this section shall be construed to prohibit the reimbursement of state officers and employees for reasonable expenses incurred in attending seminars, conferences and other speaking engagements. Secretary of State Kris Kobach is a state officer pursuant to K.S.A. 46-221. The letter from the University of Kansas School of Business inviting Mr. Kobach to speak indicates the University would pay Mr. Kobach an honorarium of $10,000. Pursuant to K.S.A. 46-237(f), Secretary of State Kobach would be prohibited from accepting this honorarium. Sabrina K. Standifer Chairwoman
Doc. No. 039264
Vol. 30, No. 13, March 31, 2011
Notice/Legislative Bills
State of Kansas
Kansas Register
347
Office of Judicial Administration

Notice of Available Grant Funding The Access to Justice Fund is administered by the Kansas Supreme Court and is intended as a source of grant funds for the operating expenses of programs that provide access for persons who would otherwise be unable to gain access to the Kansas civil justice system. Its purpose is to support programs that provide persons, who otherwise may not be able to afford such services, with increased access to legal assistance for pro se litigation, legal counsel for civil and domestic matters, as well as other legal advice and dispute resolution services. Applications for grant funds are due by May 31. Grant application packets may be requested by contacting Art Thompson, Office of Judicial Administration, Room 337, Kansas Judicial Center, 301 S.W. 10th Ave., Topeka, 66612, (785) 291-3748. Ronald M. Keefover Education-Information Officer
Doc. No. 039254
Finney, Flaharty, Frownfelter, Garber, D. Gatewood, S. Gatewood, Goico, Gonzalez, Goodman, Gordon, Grange, Grant, Gregory, Henderson, Henry, Hineman, Hoffman, M. Holmes, Howell, Johnson, Kelley, Kelly, Kiegerl, Kinzer, Kuether, Landwehr, Lane, Loganbill, Mah, Mast, McCray-Miller, Meier, Mesa, Mosier, OBrien, ONeal, Osterman, Otto, Patton, Pauls, Peterson, Phelps, Rhoades, Ruiz, Scapa, Schroeder, Seiwert, Shultz, Siegfreid, Slattery, Smith, Tietze, Trimmer, Vickrey, Victors, Ward, Weber, Wetta, Williams, Winn, Wolfe Moore and Worley, A RESOLUTION designating March 30 as Welcome Home Vietnam Veterans Day.
Senate Bills
SB 237, AN ACT concerning the Kansas expanded lottery act; relating to racetrack gaming facilities; amending K.S.A. 2010 Supp. 74-8734, 748741, 74-8744, 74-8747, 74-8751 and 74-8768 and repealing the existing sections, by Committee on Federal and State Affairs. SB 238, AN ACT concerning the Kansas commission on veterans affairs; relating to Vietnam war era veterans medallions and certificates, by Committee on Ways and Means. SB 239, AN ACT concerning crimes, punishment and criminal procedure; relating to abolition of the death penalty; creating the crime of aggravated murder; sentences of imprisonment for life without the possibility of parole; amending K.S.A. 22-3405, 22-3705 and 22-4210 and K.S.A. 2010 Supp. 22-3717, 22-3728, 22-4902, 38-2255, 38-2271, 38-2312, 38-2365, 39-970, 65-5117, 72-1397 and 75-52,148 and sections 54, 254, 258, 260, 262, 266, 268, 269 and 287 of chapter 136 of the 2010 Session Laws of Kansas and repealing the existing sections; also repealing K.S.A. 2010 Supp. 21-4619, 21-4623, 21-4624, 21-4634, 21-4642, 22-3717c and 38-2255a and sections 36, 257 and 259 of chapter 136 of the 2010 Session Laws of Kansas, by Committee on Ways and Means. SB 240, AN ACT concerning information technology; abolish the joint committee on information technolgy; creating the committee on technology oversight.; amending K.S.A. 2010 Supp. 75-5147, 75-7201 and 763,100 and repealing the existing sections; also repealing K.S.A. 46-2101 and 46-2102, by Committee on Ways and Means. SB 241, AN ACT concerning the Kansas expanded lottery act; relating to racetrack gaming facilities; creating the Kansas agricultural opportunity act; amending K.S.A. 74-8826 and K.S.A. 2010 Supp. 74-8734, 748741, 74-8744, 74-8747 and 74-8751 and repealing the existing section; also repealing K.S.A. 74-8824, by Committee on Federal and State Affairs. SB 242, AN ACT concerning certain elections, enacting the interstate compact on the agreement among the states to elect the president by national popular vote act, by Committee on Federal and State Affairs. SB 243, AN ACT concerning state authorities; creating the joint committee on state authorities oversight, by Committee on Ways and Means. SB 244, AN ACT concerning municipalities; relating to agreements for renewable energy generation facilities; amending K.S.A. 10-1116b and repealing the existing section, by Committee on Ways and Means.
State of Kansas
Legislature
HB 2393, AN ACT concerning state employees; relating to abolishing longevity bonus; amending K.S.A. 2010 Supp. 75-5551 and repealing the existing section; also repealing K.S.A. 2010 Supp. 75-5541, by Committee on Appropriations. HB 2394, AN ACT concerning courts; relating to the court of appeals; amending K.S.A. 2010 Supp. 20-3002 and repealing the existing section, by Committee on Appropriations. HB 2395, AN ACT concerning school districts; relating to the use of moneys by school districts; amending K.S.A. 72-3607, 72-6423 and 728237 and K.S.A. 2010 Supp. 72-965, 72-3715, 72-6414a, 72-6414b, 72-6421, 72-6426, 72-8250, 72-9509 and 72-9609 and repealing the existing sections, by Committee on Appropriations. HB 2396, AN ACT abolishing the commission on judicial performance; amending K.S.A. 2010 Supp. 20-367, 25-4169a, 38-2211, 38-2309, 59-2122, 59-2979, 60-3104 and 60-31a04 and repealing the existing sections; also repealing K.S.A. 20-3203, 20-3208 and 20-3208 and K.S.A. 2010 Supp. 20-3201, 20-3202, 20-3204, 20-3205 and 20-3206, by Committee on Appropriations. HB 2397, AN ACT concerning school districts; relating to the adequacy of the states provision for finance of the educational interests of the state, by Committee on Appropriations.
Senate Resolutions
SR 1831, By Senators King and Morris, A RESOLUTION in memory of Robert V. Talkington. SR 1832, By Senators Taddiken, Abrams, Apple, Bruce, Brungardt, Emler, Francisco, Haley, Hensley, Holland, Kelly, Kelsey, King, Kultala, Longbine, Love, Marshall, Masterson, McGinn, Merrick, Morris, Olson, Ostmeyer, Petersen, Pilcher-Cook, A. Schmidt, V. Schmidt, Schodorf, Steineger, Teichman and Umbarger, A RESOLUTION urging modifications to the National Broadband Plan for the benefit of rural residents of Kansas. SR 1833, By Senators V. Schmidt and Masterson, A RESOLUTION designating March 22, 2011 as Diabetes Alert Day. SR 1834, By Senators Kultala, Faust-Goudeau, Francisco, Huntington, Kelly, Lynn, McGinn, Pilcher-Cook, V. Schmidt, Schodorf, Teichman and Wagle, A RESOLUTION recognizing March as National Womens History Month.
Doc. No. 039248
House Resolutions
HR 6017, By Committee on Transportation, A RESOLUTION urging the United States congress to repeal 23 U.S.C. 127(d) concerning the federal freeze on more productive trucks and allow Kansas to determine the appropriate vehicle size and weight limits necessary for the economic needs of the state. HR 6018, By Representatives Mah, Alford, Arpke, Ballard, Billinger, Boman, Bowers, Brookens, Burgess, Burroughs, Calloway, Carlin, Cassidy, Crum, Davis, Denning, Dillmore, Donohoe, Fawcett, Feuerborn,
Vol. 30, No. 13, March 31, 2011
348
State of Kansas
Kansas Register
State of Kansas
Meetings/Notices
Board of Technical Professions

Notice of Meetings The Kansas State Board of Technical Professions will conduct its Complaint Committee meeting at 2 p.m. Thursday, April 14, and the full board will meet at 10 a.m. Friday, April 15, in Lawrence. All meetings are open to the public. For more information, call (785) 296-3053. Jean Boline Executive Director
Doc. No. 039249
State Fair Board

Notice of Meeting The Kansas State Fair Board will meet via conference call at 9:30 a.m. Friday, April 1, in Hutchinson. For more information, contact Denny Stoecklein at (620) 669-3600 or denny@kansasstatefair.com. Jeff Deeds President
Doc. No. 039270
State of Kansas State of Kansas

Notice of Available Grant Funding Grant funds are available from the Federal Recovery Act Victims of Crime Act Victim Assistance (Recovery Act-VOCA) grant program. The purpose of this grant program is to hire and/or retain personnel that provide direct services to victims of crime. To receive grant funds to retain positions, there must be written documentation that demonstrates the positions would otherwise be eliminated due to budget cuts. Eligible applicants are units of state or local government; Native American Tribes; and nonprofit, community and faith-based organizations that provide services to crime victims. Recovery Act-VOCA funds will be used for direct services to victims of sexual assault and/or victims of violent crime who were previously underserved. Underserved victims of either adult or juvenile offenders may include, but are not limited to, victims of federal crimes; survivors of homicide victims; or victims of assault, robbery, gang violence, hate and bias crimes, intoxicated drivers, bank robbery, economic exploitation, fraud and elder abuse. The amount of grant funds available for grant awards is $242,424. Each grant project funded under this grant program shall be for a period of 12 months, from June 1, 2011 to May 31, 2012. For the purpose of these grant program guidelines, direct services are defined as those efforts that (1) respond to the emotional and physical needs of crime victims; (2) assist primary and secondary victims of crime to stabilize their lives after a victimization; (3) assist victims to understand and participate in the criminal justice system; and (4) provide victims of crime with a measure of safety such as boarding up broken windows and replacing or repairing locks. A crime victim is a person who has suffered physical, sexual, financial or emotional harm as a result of the commission of a crime. For more information, see the Grant Application Portal Instructions link at https://www.accesskansas.org/ssrvksgrants/index.do (keyword phrase, crime victim). All grant applications must be submitted via the Governors Grant Portal by 11:59 p.m. April 29. Juliene Maska, Administrator Governors Grants Program
Doc. No. 039255

Notice of Hearing A public hearing will be conducted at 9 a.m. Thursday, April 14, in the offices of the Kansas Development Finance Authority, 555 S. Kansas Ave., Suite 202, Topeka, on the proposal for the KDFA to issue its Agricultural Development Revenue Bond for the project numbered below in the respective maximum principal amount. The bond will be issued to assist the borrower named below (who will be the owner and operator of the project) to finance the cost in the amount of the bond, which is then typically purchased by a lender bank who then, through the KDFA, loans the bond proceeds to the borrower for the purposes of acquiring the project. The project shall be located as shown:
Project No. 000805Maximum Principal Amount: $250,000. Owner/Operator: Joshua J. Kejr. Description: Acquisition of 281 acres of agricultural land and related improvements and equipment to be used by the owner/ operator for farming purposes. The project is being financed by the lender for Joshua J. Kejr and is located at the Southeast Quarter and the Northeast Quarter of Section 35, Township 12, Range 7 in Lincoln County, Kansas, approximately 4 miles east of Lincoln on Highway 18 and 4 miles south on 240th Road.
Doc. No. 039263
Vol. 30, No. 13, March 31, 2011
State of Kansas
Kansas Register
349
Notice to Contractors Sealed proposals for the construction of road and bridge work in the following Kansas counties will be received at the Bureau of Construction and Maintenance, KDOT, Topeka, or at the Eisenhower State Office Building, fourth floor west wing, 700 S.W. Harrison, Topeka, until 1 p.m. April 20 and then publicly opened: District One Northeast Brown73-7 KA-2274-01 Culvert repair on U.S. 73 in Brown County, bridge repair. (State Funds) Doniphan7-22 KA-1590-01 K-7 bridge, 8.7 miles northwest of the west junction of U.S. 36, bridge repair. (State Funds) Douglas40-23 KA-1593-01 U.S. 40 bridges, 1.5 miles east of the south junction of U.S. 59, bridge repair. (State Funds) Douglas56-23 KA-2310-01 Improvements to U.S. 56 in Douglas County, recycle and overlay, 12.4 miles. (State Funds) Johnson435-46 KA-2311-01 I-435 bridge in Johnson County, bridge overlay. (State Funds) Marshall77-58 KA-0716-01 U.S. 77, Big Blue River bridge, 0.5 mile east of Blue Rapids, bridge replacement. (Federal Funds) Riley18-81 KA-0410-04 K-18 from Walnut Street in Ogden northeast to 0.3 mile west of K-113/Seth Child Road, grading, bridge and surfacing, 4 miles. (Federal Funds) Riley18-81 KA-0410-05 K-18 from Walnut Street in Ogden northeast to 0.3 mile west of K-113/Seth Child Road, grading, bridge and surfacing, 1.4 miles. (Federal Funds) Riley70-81 KA-1899-01 Two bridges on I-70 in Riley County, bridge repair. (State Funds) Shawnee70-89 KA-2312-01 I-70 pavement repair in Shawnee County, 3.9 miles. (State Funds) Shawnee4-89 KA-2313-01 K-4 in Shawnee County, pavement patching, 1 mile. (State Funds) Shawnee75-89 KA-2318-01 Seal on U.S. 75 in Shawnee County, joint repair, 5.9 miles. (State Funds) Wabaunsee4-99 KA-0695-01 K-4, south branch Mission Creek bridge 3 mileS north of Eskridge, bridge replacement. (Federal Funds) Wabaunsee4-99 KA-2287-01 Seal on K-4 in Wabaunsee County, 25.1 miles. (State Funds) District One and Two Riley-Geary177-106 KA-2307-01 K-177 in Riley County beginning at the Geary-Riley county line to the existing concrete pavement near the junction of K-18; K177 in Geary County from the beginning of the four lanes north to the Geary-Riley county line, crack repair, 7.8 miles. (State Funds) District Two Northcentral Dickinson15-21 KA-2319-01 K-15 in Dickinson County, crack repair, 26.7 miles. (State Funds) Dickinson-Geary70-106 KA-2297-01 I-70 in Dickinson County from mile post 283 east to the Dickinson-
Geary county line; I-70 in Geary County from the Dickinson-Geary county line east to the Geary-Riley county line, pavement patching, 33.6 miles. (State Funds) Ellsworth141-27 KA-1405-01 K-4/K-141 junction north to the K-141/K-140 junction, seal, 13.5 miles. (State Funds) Ellsworth156-27 KA-2320-01 K-156 in Ellsworth County, crack seal, 10.7 miles. (State Funds) McPherson-Ellsworth4-106 KA-2323-01 K-4 in McPherson County beginning at the Ellsworth-McPherson county line east to the west city limits of Lindsborg; K-4 in Ellsworth County beginning at the Ellsworth-Rice county line east to the Ellsworth-McPherson county line, crack repair, 19.7 miles. (State Funds) Ellsworth-Lincoln106 KA-2300-01 K-14 in Ellsworth County starting at the K-140 junction north to the west junction of I-70 and the east junction of I-70 north to the Ellsworth-Lincoln county line; K-14 in Lincoln County starting at the Ellsworth-Lincoln county line north to the Lincoln-Mitchell county line; K-284 in Lincoln County beginning at the junction of K-14-K-284 east to the west city limits of Barnard, seal, 39.5 miles. (State Funds) Marion57 C-4155-01 County road 5 miles south and 7 miles east of Lincolnville, grading and bridge, 0.1 mile. (State Funds) McPherson135-59 KA-1608-01 Four I-135 bridges north of U.S. 56, bridge repair. (State Funds) McPherson81-59 KA-1610-01 U.S. 81 bridge 0.2 mile north of Lindsborg, bridge repair. (State Funds) District Three Northwest Sherman70-91 KA-0718-01 I-70 from the Colorado state line east to 0.5 mile east of County Route 1668, grading and surfacing, 12.8 miles. (Federal Funds) Sherman70-91 KA-1629-01 I-70 bridge at the east junction of K-27 at Goodland, bridge repair. (State Funds) District Four Southeast Cherokee171-11 KA-1318-01 K-171 bridge 1.6 miles and 1.7 miles east of U.S. 69, bridge repair, 0.1 mile. (State Funds) Neosho-Labette169-106 KA-2316-01 U.S. 169 in Labette County beginning at the Montgomery-Labette county line north 1.8 miles to the Labette-Neosho county line; U.S. 169 in Neosho County beginning at the LabetteNeosho county line north 7.1 miles to the south city limits of Thayer, milling and overlay, 8.9 miles. (State Funds) District Five Southcentral Butler54-8 KA-2288-01 U.S. 54 in Butler County, bituminous seal, 7.5 miles. (State Funds) Cowley15-18 KA-2291-01 K-15 in Cowley County, seal, 7.9 miles. (State Funds) Harvey40 KA-1599-01 County bridge 0.4 mile east of I-135 and county bridge 3.9 miles east of K-89, bridge repair. (State Funds) Pratt281-76 KA-0843 U.S. 281 from Fourth Street north to U.S. 54/U.S. 400 in Pratt, grading and surfacing, 0.2 mile. (State Funds) Pratt281-76 - U-2189-01 U.S. 281 from 6th to 4th Street in Pratt, pavement reconstruction, 0.1 mile. (State Funds)
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Pratt54-76 KA-2286-01 U.S. 54 in Pratt County, seal, 3.6 miles. (State Funds) Rice14-80 - KA-2293-01 K-14 in Rice County, overlay, 10.8 miles. (State Funds) Reno61-78 KA-2283-01 K-61 in Reno County, crack seal, 8.9 miles. (State Funds) Sedgwick54-87 KA-1625-01 U.S. 54 bridge 0.3 mile east of Topeka Avenue, bridge repair. (State Funds) Sedgwick254-87 KA-2308-01 K-254 in Sedgwick County, milling and overlay, 4.6 miles. (State Funds) Seward83-88 KA-2292-01 U.S. 83 in Seward County, seal, 10.1 miles. (State Funds) District Six Southwest Seward-Haskell190-106 KA-2304-01 K-190 in Seward County beginning at the Haskell-Seward county line east to the U.S. 83 junction; K-190 in Haskell County beginning at the Haskell-Seward county line north to the east U.S. 56 junction, recycle and overlay, 13.3 miles. (State Funds) Proposals will be issued upon request to all prospective bidders who have been prequalified by the Kansas Department of Transportation on the basis of financial condition, available construction equipment and experience. Also, a statement of unearned contracts (Form No. 284) must be filed. There will be no discrimination against anyone because of race, age, religion, color, sex, handicap or national origin in the award of contracts. Each bidder shall file a sworn statement executed by or on behalf of the person, firm, association or corporation submitting the bid, certifying that such person, firm, association or corporation has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the submitted bid. This sworn statement shall be in the form of an affidavit executed and sworn to by the bidder before a person who is authorized by the laws of the state to administer oaths. The required form of affidavit will be provided by the state to each prospective bidder. Failure to submit the sworn statement as part of the bid approval package will make the bid nonresponsive and not eligible for award consideration. Plans and specifications for the projects may be examined at the office of the respective county clerk or at the KDOT district office responsible for the work. Deb Miller Secretary of Transportation
Doc. No. 039241
State of Kansas

Request for Comments The Kansas Department of Health and Environment is soliciting comments regarding a proposed air quality operating permit. Mid-Kansas Electric Company, LLC - Fort Dodge Station has applied for a Class I operating permit renewal in accordance with the provisions of K.A.R. 28 Kansas Secretary of State 2011
19-510 et seq. The purpose of a Class I permit is to identify the sources and types of regulated air pollutants emitted from the facility; the emission limitations, standards and requirements applicable to each source; and the monitoring, record keeping and reporting requirements applicable to each source as of the effective date of permit issuance. Mid-Kansas Electric Company, LLC - Fort Dodge Station, P.O. Box 980, Hays, 67601, owns and operates a municipal power plant located at 11453 Fort Dodge Road, Dodge City, 67801. A copy of the proposed permit, permit application, all supporting documentation and all information relied upon during the permit application review process is available for a 30-day public review during normal business hours at the KDHE, Bureau of Air, 1000 S.W. Jackson, Suite 310, Topeka; and a copy of the proposed permit can be reviewed at the KDHE Southwest District Office, 302 W. McArtor Road, Dodge City. To obtain or review the proposed permit and supporting documentation, contact Jessica Webb, (785) 296-1578, at the KDHE central office; and to review the proposed permit only, contact Ethel Evans, (620) 356-1075, at the KDHE Southwest District Office. The standard departmental cost will be assessed for any copies requested. Direct written comments or questions regarding the proposed permit to Jessica Webb, KDHE, Bureau of Air, 1000 S.W. Jackson, Suite 310, Topeka, 66612-1366. In order to be considered in formulating a final permit decision, written comments must be received before the close of business May 2. A person may request a public hearing be held on the proposed permit. The request for a public hearing shall be in writing and set forth the basis for the request. The written request must be submitted to Sharon Burrell, Bureau of Air, not later than the close of business May 2 in order for the Secretary of Health and Environment to consider the request. The U.S. Environmental Protection Agency has a 45day review period, which will start concurrently with the 30-day public comment period, within which to object to the proposed permit. If the EPA has not objected in writing to the issuance of the permit within the 45-day review period, any person may petition the administrator of the EPA to review the permit. The 60-day public petition period will directly follow the EPAs 45-day review period. Interested parties may contact KDHE to determine if the EPAs 45-day review period has been waived. Any such petition shall be based only on objections to the permit that were raised with reasonable specificity during the public comment period provided for in this notice, unless the petitioner demonstrates that it was impracticable to raise such objections within such period, or unless the grounds for such objection arose after such period. Contact Patricia Scott, U.S. EPA, Region VII, Air Permitting and Compliance Branch, 901 N. 5th St., Kansas City, KS 66101, (913) 551-7312, to determine when the 45day EPA review period ends and the 60-day petition period commences. Robert Moser, M.D. Secretary of Health and Environment
Doc. No. 39252
Vol. 30, No. 13, March 31, 2011
Requests for Comments

State of Kansas
Kansas Register
351

Request for Comments The Kansas Department of Health and Environment and the Unified Government of Wyandotte County/Kansas City, Kansas Department of Air Quality are soliciting comments regarding a proposed air quality operating permit. Forest View Landfill, LLC has applied for a Class I operating permit in accordance with the provisions of K.A.R. 28-19-510 et seq. The purpose of a Class I permit is to identify the sources and types of regulated air pollutants emitted from the facility; the emission limitations, standards and requirements applicable to each source; and the monitoring, record keeping and reporting requirements applicable to each source as of the effective date of permit issuance. Republic Services, 5605 Moreau River Access Road, Jefferson City, MO 65101, owns and operates a closed municipal solid waste landfill located at 4800 Kaw Drive, Kansas City, KS 66102. A copy of the proposed permit, permit application, all supporting documentation and all information relied upon during the permit application review process is available for a 30-day public review during normal business hours at the KDHE, Bureau of Air and Radiation, 1000 S.W. Jackson, Topeka, and at the Department of Air Quality, 619 Ann Ave., Kansas City, Kansas. To obtain or review the proposed permit and supporting documentation, contact Sharon Burrell, (785) 296-0297, at the KDHE central office, or Whitney Bynum, (913) 573-6700, at the Department of Air Quality. The standard departmental cost will be assessed for any copies requested. Direct written comments or questions regarding the proposed permit to Whitney Bynum, Department of Air Quality, 619 Ann Ave., Kansas City, KS 66101. In order to be considered in formulating a final permit decision, written comments must be received before the close of business May 2. A person may request a public hearing be held on the proposed permit. The request for a public hearing shall be in writing and set forth the basis for the request. The written request must be submitted to Sharon Burrell, KDHE Bureau of Air, 1000 S.W. Jackson, Suite 310, Topeka, 66612-1366, not later than the close of business May 2 in order for the Secretary of Health and Environment to consider the request. The U.S. Environmental Protection Agency has a 45day review period, which will start concurrently with the 30-day public comment period, within which to object to the proposed permit. If the EPA has not objected in writing to the issuance of the permit within the 45-day review period, any person may petition the administrator of the EPA to review the permit. The 60-day public petition period will directly follow the EPAs 45-day review period. If the EPA waives its 45-day review period, the 60-day public petition period will start directly after the 30-day public comment period. Interested parties may contact KDHE to determine if the EPAs 45-day review period has been waived.
Any such petition shall be based only on objections to the permit that were raised with reasonable specificity during the public comment period provided for in this notice, unless the petitioner demonstrates that it was impracticable to raise such objections within such period, or unless the grounds for such objection arose after such period. Contact Pat Scott, U.S. EPA, Region VII, Air Permitting and Compliance Branch, 901 N. 5th St., Kansas City, KS 66101, (913) 551-7097, to determine when the 45day EPA review period ends and the 60-day petition period commences. Robert Moser, M.D. Secretary of Health and Environment
Doc. No. 039253
State of Kansas

Request for Comments The Kansas Department of Health and Environment is soliciting comments regarding a proposed air quality construction permit. Oneok Hydrocarbon, LP-Bushton Complex has applied for an air quality construction permit in accordance with the provisions of K.A.R. 28-19-300. Emissions of nitrogen oxide, sulfur dioxide, particulate matter (PM), PM10, volatile organic compounds (VOCs) and hazardous air pollutants (HAPs) were evaluated during the permit review process. Oneok Hydrocarbon, LP-Bushton Complex, P.O. Box 871, Tulsa, OK 74102-0871, owns and operates the stationary source located at Section 31, Township 17S, Range 9W, Ellsworth County, Kansas, at which the proposed construction to expand the existing fractionation plant will occur. A copy of the proposed permit, permit application, all supporting documentation and all information relied upon during the permit application review process is available for public review for a period of 30 days from the date of publication during normal business hours at the KDHE, Bureau of Air, 1000 S.W. Jackson, Suite 310, Topeka; and a copy of the proposed permit can be reviewed at the KDHE North Central District Office, 2501 Market Place, Suite D, Salina. To obtain or review the proposed permit and supporting documentation, contact Lynelle Ladd, (785) 296-1719, at the KDHE central office; and to review the proposed permit only, contact Stan Marshall, (785) 827-9639, at the KDHE North Central District Office. The standard departmental cost will be assessed for any copies requested. Direct written comments or questions regarding the proposed permit to Lynelle Ladd, KDHE, Bureau of Air, 1000 S.W. Jackson, Suite 310, Topeka, 66612-1366. In order to be considered in formulating a final permit decision, written comments must be received before the close of business May 2. A person may request a public hearing be held on the proposed permit. The request for a public hearing shall be in writing and set forth the basis for the request. The
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Notice
written request must be submitted to Sharon Burrell, Bureau of Air, not later than the close of business May 2 in order for the Secretary of Health and Environment to consider the request. Robert Moser, M.D. Secretary of Health and Environment
Doc. No. 039258
A permit is being reissued to an existing facility with a maximum capacity for 90 head (126 animal units) of dairy cows lactating and dry, 60 head (30 animal units) of dairy heifers and calves weighing less than 700 pounds, and 260 head (104 animal units) of swine weighing more than 55 pounds. The animal unit capacity has not changed since the previous permit. Name and Address Legal Receiving of Applicant Description Water Kroeger Family Trust NE/4 of Section 06, Big Blue River 1371 Limestone Road T03S, R08E, Basin Marysville, KS 66508 Marshall County Kansas Permit No. A-BBMS-S020 This permit is being reissued to an existing facility with a maximum capacity for 500 head (200 animal units) of swine weighing more than 55 pounds and 500 head (50 animal units) of swine weighing 55 pounds or less. Name and Address Legal Receiving of Applicant Description Water 4-R Farms, Inc. SE/4 of Section 22, Missouri River Roger Becker T04S, R12E, Basin 109 52nd Road Nemaha County Corning, KS 66417 Kansas Permit No. A-MONM-S026 This permit is being reissued for an existing facility with a maximum capacity of 370 head (148 animal units) of swine more than 55 pounds and 60 head (30 animal units) of cattle 700 pounds or less, for a total of 178 animal units. There is no change in the permitted animal units. Name and Address Legal Receiving of Applicant Description Water Martin Feedlot NE/4 of Section 32, Saline River Basin Doug Martin T10S, R26W, 15445 S. Road 110 East Sheridan County Quinter, KS 67752 Kansas Permit No. A-SASD-B003 This permit is being reissued for an existing facility with a maximum capacity of 990 head (990 animal units) of cattle more than 700 pounds. There is no change in the permitted animal units from the previous permit. Name and Address Legal Receiving of Applicant Description Water Kansas River Amon Farms S/2 of Section 22, T05S, R15E, Jackson Basin Larry Amon County 202 Superior St. Netawaka, KS 66516 Kansas Permit No. A-KSJA-B004 This permit is being reissued for an existing facility with a maximum capacity of 190 head (76 animal units) of swine more than 55 pounds, 200 head (200 animal units) of cattle more than 700 pounds and 350 head (175 animal units) of cattle 700 pounds or less, for a total of 451 animal units. This represents a decrease in swine from the previous permit due to a facility downsize. Name and Address Legal Receiving of Applicant Description Water Coe Farms NE/4 of Section 06, Kansas River Kyle Coe T06S, R13E, Jackson Basin 1127 286th Road County Soldier, KS 66540 Kansas Permit No. A-KSJA-M015 This permit is being reissued for an existing facility with a maximum capacity of 150 head (210 animal units) of mature dairy cattle, 40 head (40 animal units) of dairy heifers over 700 pounds, 70 head (35 animal units) of dairy calves 700 pounds or less and 2 horses (4 animal units), for a total of 287 animal units. This represents an increase of 44 animal units due to dairy heifers and horses not previously counted in the past permit.
State of Kansas

Name and Address Legal Receiving of Applicant Description Water Golden Plain Jersey Farm NE/4 of Section 32, Lower Arkansas (Qualitee Dairy Farm) T23S, R06W, Reno River Basin Merle Yoder County 3307 S. Mohawk Road Hutchinson, KS 67501 Kansas Permit No. A-ARRN-M046 This permit is being reissued for a confined animal feeding operation for 80 head (112 animal units) of mature dairy cattle, 30 head (30 animal units) of cattle weighing greater than 700 pounds and 40 head (20 animal units) of cattle weighing less than 700 pounds. This represents an increase in the permitted animal units from the previous permit. The permit contains modifications consisting of an addition of a concrete dry stack area and manure storage within the existing footprint of the facility. Runoff from the proposed dry stack and manure storage area will drain to the existing wastewater retention structure via a proposed earthen channel. Name and Address Legal of Applicant Description Norris Dairy SW/4 of Section 31, Eugene Norris T14S, R22E, 37070 W. 191st St. Johnson County Edgerton, KS 66021 Kansas Permit No. A-MCJO-M004 Receiving Water Marais Des Cygnes River Basin
Public Notice No. KS-Q-11-023 The requirements of the draft permits public noticed
Vol. 30, No. 13, March 31, 2011
Notices
Kansas Register
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below are pursuant to the Kansas Surface Water Quality Standards, K.A.R. 28-16-28(b-f), and Federal Surface Water Criteria:
Name and Address of Applicant Air Products Mfg Corp. P.O. Box 12291 Wichita, KS 67277 Receiving Type of Stream Discharge Ninnescah River Process Water via Spring Creek and Cooling via DryCreek via Water Unnamed Tributary Kansas Permit No: I-AR94-PO18 Federal Permit No. KS0080659 Facility Location: 6601 S. Ridge Road, Haysville, KS 67060 Proposed Action: This action consists of modification of an existing NPDES/Kansas water pollution control permit for an existing facility. The modifications include the addition of additional multimedia reactive filters for iron and manganese removal and a nanofilter system to reduce the hardness in the process water causing scaling in the Class I disposal well. Process wastewater is disposed of through the Class I disposal well and via discharge to surface waters of the state. The modifications will result in an increase in backwash water from the multimedia reactive filters and the nanofilter system. An antidegradation study has been reviewed and approved by KDHE for the increased flow.

Notice of Hearing A public hearing will be conducted at 1 p.m. Thursday, April 28, in the Azure Conference Room, fourth floor, Curtis State Office Building, 1000 S.W. Jackson, Topeka, to receive comments on the proposed updated Kansas Nonpoint Source Pollution Management Plan and Kansas Water Quality Certification for nationwide permits issued by the U.S. Army Corps of Engineers under authority of Section 404 of the Clean Water Act. These documents will be posted on the KDHE Web site, http://www.kdheks.gov/nps/, on or before April 8. Any individual with a disability may request accommodation to participate in the public hearing. Requests for accommodation should be made at least five working days before the hearing by contacting Dolly McKasson at (785) 296-4195. For more information, contact Kerry Wedel, Chief, Watershed Management Section, Bureau of Water, KDHE, Suite 420, Curtis Building, 1000 S.W. Jackson, Topeka, 66612-1367, or kwedel@kdheks.gov. Written comments can be presented at the hearing or by e-mail or in writing prior to the hearing date. Robert Moser, M.D. Secretary of Health and Environment
Doc. No. 039260
Persons wishing to comment on the draft documents and/or permit applications must submit their comments in writing to the Kansas Department of Health and Environment if they wish to have the comments considered in the decision-making process. Comments should be submitted to the attention of the Livestock Waste Management Section for agricultural-related draft documents or applications, or to the Technical Services Section for all other permits, at the Kansas Department of Health and Environment, Division of Environment, Bureau of Water, 1000 S.W. Jackson, Suite 420, Topeka, 66612-1367. All comments regarding the draft documents or application notices received on or before April 30 will be considered in the formulation of the final determinations regarding this public notice. Please refer to the appropriate Kansas document number (KS-AG-11-051/057, KS-Q-11023) and name of the applicant/permittee when preparing comments. After review of any comments received during the public notice period, the Secretary of Health and Environment will issue a determination regarding final agency action on each draft document/application. If response to any draft document/application indicates significant public interest, a public hearing may be held in conformance with K.A.R. 28-16-61 (28-46-21 for UIC). All draft documents/applications and the supporting information including any comments received are on file and may be inspected at the offices of the Kansas Department of Health and Environment, Bureau of Water. These documents are available upon request at the copying cost assessed by KDHE. Application information and components of plans and specifications for all new and expanding swine facilities are available on the Internet at http://www.kdheks.gov/feedlots. Division of Environment offices are open from 8 a.m. to 5 p.m. Monday through Friday, excluding holidays. Robert Moser, M.D. Secretary of Health and Environment
Doc. No. 039259
State of Kansas

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Kansas Register
Notices/Bond Sale
Summary Notice of Bond Sale City of Hugoton, Kansas $1,265,000 General Obligation Bonds Series 2011 Details of the Sale Subject to the terms and requirements of the Official Notice of Bond Sale dated March 31, 2011, of the city of Hugoton, Kansas, bids to purchase the citys General Obligation Bonds, Series 2011, will be received at City Hall, 631 S. Main, Hugoton, KS 67951, or by telefacsimile at (620) 544-4535, until 3 p.m. Monday, April 11, 2011. Bids received will be considered by the governing body at its meeting at 5:15 p.m. on the sale date. No oral or auction bids for the bonds will be considered, and no bid for less than 100 percent of the total principal amount of the bonds and accrued interest to the date of delivery will be considered. Good Faith Deposit Each bidder must submit a good faith deposit in the form of a certified or cashiers check made payable to the order of the city, wire transfer, or a financial surety bond (all as described in the Official Notice of Bond Sale), in an amount equal to 2 percent of the principal amount of the bonds. Details of the Bonds The bonds are dated May 1, 2011, and will be issued as registered bonds in the denomination of $5,000 or any integral multiple thereof. Interest on the bonds is payable semiannually on April 1 and October 1 of each year, beginning April 1, 2012. Principal of the bonds becomes due on October 1 in the years and amounts shown below: Maturity Schedule
Principal Amount Maturity Date
Doc. No. 038494
State of Kansas

04/12/2011 04/21/2011 04/25/2011 EVT0000524 EVT0000500 EVT0000523 Salt for Ice & Snow Removal Lightbars Fuel Management System
04/19/2011 04/21/2011 A-011611 College Drive Improvements, Fort Hays State University, Hays A-011668 South & East Steep Slope Reroofing Hale Library, Kansas State University, Manhattan
$ 90,000 2012 115,000 2013 115,000 2014 120,000 2015 125,000 2016 130,000 2017 135,000 2018 140,000 2019 145,000 2020 150,000 2021 Payment of Principal And Interest The Kansas State Treasurer will serve as the bond registrar and paying agent for the bonds. Book-Entry Bonds The bonds will be issued and registered under a bookentry-only system administered by the Depository Trust Company, New York, New York (DTC). Delivery of the Bonds The city will prepare the bonds at its expense and will deliver the registered bonds to DTC on or about May 5, 2011.

Doc. No. 039267
Vol. 30, No. 13, March 31, 2011
Bond Sale
Kansas Register
10/01/2014 04/01/2015 10/01/2015 04/01/2016 10/01/2016 04/01/2017 10/01/2017 04/01/2018 10/01/2018 04/01/2019 10/01/2019 04/01/2020 10/01/2020 04/01/2021 10/01/2021 04/01/2022 100,000 100,000 105,000 105,000 105,000 110,000 110,000 110,000 115,000 115,000 120,000 120,000 120,000 125,000 125,000 130,000
355
Legal Opinion The bonds will be sold subject to the legal opinion of Triplett, Woolf & Garretson, LLC, Wichita, Kansas, bond counsel, whose fees will be paid by the city. Financial Matters The citys current assessed valuation for purposes of calculating statutory debt limitations is $23,080,542. As of May 1, 2011, the citys total outstanding general obligation debt (including the bonds) is $2,140,000, which excludes temporary notes outstanding in the amount of $440,000, which will be retired out of the proceeds of the bonds herein offered for sale. The citys total indebtedness that is subject to debt limitation, as of May 1, 2011, is estimated to be $499,101, which is 2.2 percent of the assessed valuation of the city. Additional Information For additional information, contact the city clerk at the address and telephone number shown below or the citys bond counsel, Triplett Woolf & Garretson, LLC, Attn: Mary Carson, 2959 N. Rock Road, Suite 300, Wichita, KS 67226, (316) 630-8100. City of Hugoton, Kansas By Thomas G. Hicks, City Clerk City Hall, 631 S. Main Hugoton, KS 67951 (620) 544-8531 Fax (620) 544-4535
Doc. No. 039269
Summary Notice of Bond Sale City of Colwich, Kansas $2,385,000 General Obligation Bonds, Series A, 2011 (General obligation bonds payable from unlimited ad valorem taxes) Bids Subject to the Notice of Bond Sale dated March 21, 2011, written bids will be received on behalf of the clerk of the city of Colwich, Kansas (the issuer), at the address set forth below until 11 a.m. April 18, 2011, for the purchase of the above-referenced bonds. No bid of less than 99 percent of the principal amount of the bonds and accrued interest thereon to the date of delivery will be considered. Bond Details The bonds will consist of fully registered bonds in the denomination of $5,000 or any integral multiple thereof. The bonds will be dated the date of issuance and delivery, and will become due semiannually on April 1 and October 1 in the years as follows:
Maturity Date Principal Amount
10/01/2011 04/01/2012 10/01/2012 04/01/2013 10/01/2013 04/01/2014
$ 80,000 95,000 95,000 100,000 100,000 100,000
The bonds will bear interest from the date thereof at rates to be determined when the bonds are sold as hereinafter provided, which interest will be payable semiannually on April 1 and October 1 in each year, beginning October 1, 2011. Book-Entry-Only System The bonds shall be registered under a book-entry-only system administered through DTC. Paying Agent and Bond Registrar Kansas State Treasurer, Topeka, Kansas. Good Faith Deposit Each bid shall be accompanied by a good faith deposit in the form of a cashiers or certified check drawn on a bank located in the United States, a qualified financial surety bond or a wire transfer in Federal Reserve funds immediately available for use by the issuer in the amount of $47,700. Delivery The issuer will pay for printing the bonds and will deliver the same properly prepared, executed and registered without cost to the successful bidder on or about April 28, 2011, to DTC for the account of the successful. Assessed Valuation and Indebtedness The equalized assessed tangible valuation for computation of bonded debt limitations for the year 2010 is $11,804,713. The total general obligation indebtedness of the issuer as of the dated date, including the bonds being sold and temporary notes being sold on the same date as the bonds, is $4,580,000. Approval of Bonds The bonds will be sold subject to the legal opinion of Gilmore & Bell, P.C., Wichita, Kansas, bond counsel, whose approving legal opinion as to the validity of the bonds will be furnished and paid for by the issuer, printed on the bonds and delivered to the successful bidder when the bonds are delivered. Additional Information Additional information regarding the bonds may be obtained from the undersigned, or from the financial advisor, at the addresses set forth below.
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Kansas Register
Bond Sale
Written and Facsimile Bid and Good Faith Deposit Delivery Address: Diana K. Brooks, Clerk 310 S. 2nd St. P.O. Box 158 Colwich, KS 67030-0158 (316) 796-1025 Fax (316) 796-0913 E-mail: colwichclerk@sbcglobal.net Financial Advisor: Citycode Financial, L.L.C. 7701 E. Kellogg, Suite 700 Wichita, KS 67207 Attn: Larry Kleeman (316) 685-5911 Fax (316) 685-1751 E-mail: larry@citycode.com Dated March 21, 2011. City of Colwich, Kansas
Doc. No. 039262
Summary Notice of Bond Sale Harvey County, Kansas $3,335,000 General Obligation Bonds, Series 2011 (General obligation bonds payable from unlimited ad valorem taxes) Bids Subject to the Notice of Bond Sale dated March 21 2011, written and electronic bids will be received on behalf of the clerk of Harvey County, Kansas (the issuer), in the case of written bids, at the address set forth below, and in the case of electronic bids, through PARITY, until 11 a.m. April 18, 2011, for the purchase of the above-referenced bonds. No bid of less than 100 percent of the principal amount of the bonds and accrued interest thereon to the date of delivery will be considered.
2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029
$ 70,000 125,000 130,000 135,000 135,000 140,000 150,000 150,000 155,000 160,000 165,000 170,000 175,000 190,000 195,000 200,000 210,000 215,000
2030 230,000 2031 235,000 The bonds will bear interest from the date thereof at rates to be determined when the bonds are sold as hereinafter provided, which interest will be payable semiannually on May 1 and November 1 in each year, beginning May 1, 2012. Book-Entry-Only System The bonds shall be registered under a book-entry-only system administered through DTC. Paying Agent and Bond Registrar Kansas State Treasurer, Topeka, Kansas. Good Faith Deposit Each bid shall be accompanied by a good faith deposit in the form of a cashiers or certified check drawn on a bank located in the United States, a qualified financial surety bond or a wire transfer in Federal Reserve funds immediately available for use by the issuer in the amount of $66,700. Delivery The issuer will pay for printing the bonds and will deliver the same properly prepared, executed and registered without cost to the successful bidder on or about May 11, 2011, to DTC for the account of the successful bidder. Assessed Valuation and Indebtedness The equalized assessed tangible valuation for computation of bonded debt limitations for the year 2011 is $279,873,579. The total general obligation indebtedness of the issuer as of the dated date, including the bonds being sold, is $6,133,500. Approval of Bonds The bonds will be sold subject to the legal opinion of Gilmore & Bell, P.C., Wichita, Kansas, bond counsel, whose approving legal opinion as to the validity of the bonds will be furnished and paid for by the issuer, printed on the bonds and delivered to the successful bidder when the bonds are delivered. Additional Information Additional information regarding the bonds may be obtained from the undersigned, or from the financial advisor, at the addresses set forth below. Written and Facsimile Bid and Good Faith Deposit Delivery Address: Anthony Swartzendruber Asst. County Administrator 800 N. Main, P.O. Box 687 Newton, KS 67114 (316) 284-6806 Fax (316) 284-6811 E-mail: ASwartzendruber@harveycounty.com Financial Advisor Address: Piper Jaffray & Co. 11150 Overbrook Road, Suite 310 Leawood, KS 66211 Attn: Dustin Avey (913) 345-3375 Fax (913) 345-3393 E-mail: dustin.j.avey@pjc.com Dated March 21, 2011. Harvey County, Kansas
Doc. No. 039266
Vol. 30, No. 13, March 31, 2011
Notices/Regulations
Kansas Register
357
City of Girard, Kansas

Notice of Intent to Seek Private Placement General Obligation Bonds, Series 2011 Notice is hereby given that the city of Girard, Kansas (the issuer), proposes to seek a private placement of the above-referenced bonds. The maximum aggregate principal amount of the bonds shall not exceed $587,000. The proposed sale of the bonds is in all respects subject to approval of a bond purchase agreement between the issuer and the purchaser of the bonds and the passage of an ordinance and adoption of a resolution by the governing body of the issuer authorizing the issuance of the bonds and the execution of various documents necessary to deliver the bonds. Dated March 28, 2011. Coralie Bennett City Clerk
Doc. No. 038265
68-20-25. [1-Pentyl-3-(4-methyl-1-naphthoyl)indole] included in schedule I. [1-Pentyl-3-(4-methyl-1-naphthoyl) indole], including its salts, isomers, and salts of isomers, shall be classified as a schedule I controlled substance. This temporary regulation shall expire after 120 days or upon publication of 2011 Senate Substitute for House Bill 2049 in the Kansas register, whichever occurs first. (Authorized by and implementing K.S.A. 2010 Supp. 654102; effective, T-68-3-23-11, March 23, 2011.) 68-20-26. [1-Pentyl-3-(4-ethyl-1-naphthoyl)indole] included in schedule I. [1-Pentyl-3-(4-ethyl-1-naphthoyl) indole], including its salts, isomers, and salts of isomers, shall be classified as a schedule I controlled substance. This temporary regulation shall expire after 120 days or upon publication of 2011 Senate Substitute for House Bill 2049 in the Kansas register, whichever occurs first. (Authorized by and implementing K.S.A. 2010 Supp. 654102; effective, T-68-3-23-11, March 23, 2011.) 68-20-27. (1-(5-fluoropentyl)-3-(1-naphthoyl)indole) included in schedule I. (1-(5-fluoropentyl)-3-(1-naphthoyl) indole), including its salts, isomers, and salts of isomers, shall be classified as a schedule I controlled substance. This temporary regulation shall expire after 120 days or upon publication of 2011 Senate Substitute for House Bill 2049 in the Kansas register, whichever occurs first. (Authorized by and implementing K.S.A. 2010 Supp. 654102; effective, T-68-3-23-11, March 23, 2011.) Debra Billingsley Executive Secretary
Doc. No. 039257
State of Kansas

Notice of Investment Rates The following rates are published in accordance with K.S.A. 75-4210. These rates and their uses are defined in K.S.A. 2010 Supp. 12-1675(b)(c)(d) and K.S.A. 2010 Supp. 12-1675a(g). Effective 3-28-11 through 4-3-11 Term Rate 1-89 days 0.13% 3 months 0.09% 6 months 0.16% 1 year 0.29% 18 months 0.53% 2 years 0.74% Scott Miller Interim Director of Investments
Doc. No. 039247
State of Kansas
Kansas Lottery
Temporary Administrative Regulations Article 2.LOTTERY RETAILERS 111-2-249. Caseys General Stores #1617 retailer holiday millionaire raffle ticket incentive. (a) During the period beginning on or about October 1, 2010, and ending on or about December 29, 2010, in addition to compensation provided for in K.A.R. 111-2-4, the Kansas lottery also offers all eligible participating Caseys General Stores lottery retailers located in Kansas an opportunity to participate in a Holiday Millionaire Raffle (raffle) ticket sales promotion. (b) At the end of the promotion, the store with the highest sales in cumulative raffle ticket sales for the period designated in subsection (a) above, will win Kansas lottery instant ticket coupons valued at $200 or Kansas lottery coupons. The store with the second highest sales in cumulative raffle ticket sales for the period designated in subsection (a) above, will win Kansas lottery instant ticket coupons valued at $100 or Kansas lottery coupons. The store with the third highest sales in cumulative raffle ticket sales for the period designated in subsection (a) above, will win Kansas lottery instant ticket coupons val(continued)
State of Kansas
Board of Pharmacy
Temporary Administrative Regulations Article 20.CONTROLLED SUBSTANCES 68-20-24. [1-Pentyl-3-(4-methoxy-1-naphthoyl)indole] included in schedule I. [1-Pentyl-3-(4-methoxy-1naphthoyl)indole], including its salts, isomers, and salts of isomers, shall be classified as a schedule I controlled substance. This temporary regulation shall expire after 120 days or upon publication of 2011 Senate Substitute for House Bill 2049 in the Kansas register, whichever occurs first. (Authorized by and implementing K.S.A. 2010 Supp. 654102; effective, T-68-3-23-11, March 23, 2011.)
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Kansas Register
Regulations
ued at $50 or Kansas lottery coupons. (Authorized by and implementing K.S.A. 2009 Supp. 74-8710 and K.S.A. 748708; effective, T-111-12-7-10, Sept. 8, 2010; amended, T111-12-29-10, Dec. 9, 2010.) 111-2-255. Holiday Millionaire Raffle 2010 clerk incentive. (a) During the period beginning on or about November 22, 2010, and ending on or about December 29, 2010, in addition to compensation provided for in K.A.R. 111-2-4, the Kansas lottery also offers all store clerks at participating lottery retailers the opportunity to participate in a Holiday Millionaire Raffle clerk incentive promotion. Participating lottery retailers in this promotion shall include any Kansas lottery retailer who is actively selling Holiday Millionaire Raffle tickets during the period of this promotion. (b) At the end of the promotion, a drawing will be conducted on or around January 15, 2011, at a location determined by the executive director of the Kansas lottery, during which 20 prize winners will be selected. The drawing shall be conducted by a designee of the executive director of the Kansas lottery. (c) During the period of the promotion, an entry form into the drawing will be automatically dispensed from the selling lottery terminal after each sale of every $20 single Holiday Millionaire Raffle ticket. (d) The store clerk who sold the qualifying ticket which generated the entry form into the drawing shall be the person eligible to complete the entry form and enter the entry form into the drawing. (e) The store clerk shall complete the entry form in a legible manner and mail the completed entry form to the address designated by the Kansas lottery which is printed on the entry form. (f) The winner of each prize shall be entitled to $50 worth of Kansas lottery coupons for games of the Kansas lotterys choice. (g) Entries into the drawing to be held on or about January 15, 2011, shall be accepted until 5:00 p.m. on January 13, 2011. The final mail pickup of entries at the United States Post Office shall be on January 13, 2011. (Authorized by and implementing K.S.A. 2009 Supp. 74-8710 and K.S.A. 74-8708; effective, T-111-12-8-10, Nov. 10, 2010; amended, T-111-12-29-10, Dec. 9, 2010.) Article 4.INSTANT GAMES AND DRAWINGS 111-4-3046. Bonus Crossword instant ticket lottery game number 343. (a) The Kansas lottery shall conduct an instant winner lottery game entitled Bonus Crossword commencing on or after January 1, 2011. The rules for this game are contained in K.A.R. 111-3-1 et seq. and 111-4-3046. (b) The play symbols for this game are as follows: A -B-C-D-E-F-G-H-I-J-K-L-M-N-O-P-Q - R - S - T - U - V - W - X - Y - Z. There are no play symbol captions in this game. (c) For this game, a play symbol shall appear in each of 18 play spots within the YOUR LETTERS play area, in each of two play spots within the BONUS play area, and a variable number of times within the crossword puzzle grid.
(d) The ticket numbers in each book of tickets in this game shall start with 000 and end with 149. (e) The three letters comprising the retailer validation codes used in this game shall appear in three of eight varying locations among the play symbols. The retailer validation codes for this game and their meanings are as follows: FRE FIV TEN TWY HUN FHN Free ticket $5.00 $10.00 $20.00 $100.00 $500.00
(f) The price of instant tickets sold by a retailer for this game shall be $2.00 each. (g) Bonus Crossword consists of three play areas. In the upper part of the ticket there is a crossword puzzle grid that contains 11 spaces (height) by 11 spaces (width) covered by transparent latex. In the YOUR LETTERS play area, located in the lower part of the ticket, there are 18 letters located under opaque latex. To the right of the YOUR LETTERS play area is the BONUS play area in which there are two letters covered by opaque latex. Imaged around each of the 18 YOUR LETTERS and two BONUS letters there will be a four-sided box composed of solid lines. A player will remove the latex from the YOUR LETTERS and BONUS play areas one letter at a time, and then for each matching letter in the crossword puzzle grid scratch off the transparent latex. Each letter revealed in the YOUR LETTERS and BONUS play areas may be used an unlimited number of times in the crossword puzzle grid. If a player reveals at least three complete words in the crossword puzzle grid, the player wins the corresponding prize in the prize legend. The prize legend on the front of the ticket indicates prizes won for number of words revealed, as is also set forth in subsection (k) hereinafter. (h) To qualify as a complete word to win a prize in this game, the words revealed must meet the following requirements: (1) must contain at least three letters; (2) cannot be formed diagonally, run right to left or from bottom to top; (3) must appear in an unbroken horizontal or vertical string of letters in the crossword puzzle; (4) an unbroken string of letters cannot be interrupted by a black space and must contain every single letter square between two black spaces; (5) every single letter in the unbroken string must be revealed in YOUR LETTERS, or BONUS areas and be included to form a word; and (6) the three small letters outside the squares in the YOUR LETTERS area are for validation purposes and cannot be used to play Bonus Crossword. (i) Each ticket in this game may win up to one time. Only the highest prize won on each ticket will be awarded. (j) Approximately 3,600,000 tickets shall be ordered initially for this instant game. Additional ticket orders shall have the same prize structure, the same number of prizes
Vol. 30, No. 13, March 31, 2011
Regulations
Kansas Register
359
per prize pool of 300,000 tickets, and the same odds as were contained in the initial ticket order. (k) The expected number and value of instant prizes in this game shall be as follows:
(c) For this game, a play symbol shall appear in each of 11 play spots within the play area or areas. (d) The ticket numbers in each book of tickets in this game shall start with 000 and end with 149. (e) The three letters comprising the retailer validation codes used in this game shall appear in three of eight varying locations among the play symbols. The retailer validation codes for this game and their meanings are as follows: FRE Free Ticket TWO $2.00 FOR $4.00 FIV $5.00 TEN $10.00 TWY $20.00 FTY $50.00 HFY $150.00 (f) The price of instant tickets sold by a retailer for this game shall be $2.00 each. (g) Kansas 150 features two games. Game 1 is a key symbol match game. A player will scratch the play area to reveal two WINNING SYMBOLS and eight YOUR SYMBOLS with a prize amount below each of the YOUR SYMBOLS. If a player matches either of the WINNING SYMBOLS to any of the YOUR SYMBOLS, the player wins the prize shown below that symbol. If a player reveals a WIN symbol, the player wins the prize shown instantly. A player can win up to eight times in this play area. Game 2 is an instant win game. If a player reveals any prize amount, the player wins that amount instantly. A player can win one time in this game. (h) Each ticket in this game may win up to nine times. (i) Approximately 300,000 tickets shall be ordered initially for this instant game. Additional ticket orders shall have the same prize structure, the same number of prizes per prize pool of 300,000 tickets, and the same odds as were contained in the initial ticket order. (j) The expected number and value of instant prizes in this game shall be as follows:
Game 1 Free Ticket $2 $2WIN $4 $4WIN $2 $5 $5WIN $10 $10WIN ($2 x 5) ($2 x 3) ($5 x 2) $20 $20WIN ($10 x 2) ($2 x 8) $20 $4 Game 2 Prizes Free Ticket $2 $2 $2 $4 $4 $4 $5 $5 $5 $10 $10 $10 $10 $10 $10 $20 $20 $20 $20 $20 Expected Number of Prizes in Game 18,000 12,600 6,000 6,000 5,000 4,400 3,400 2,700 2,700 2,700 1,000 1,000 1,000 500 500 500 500 500 500 500 500 Expected Value in Game $0 25,200 12,000 12,000 20,000 17,600 13,600 13,500 13,500 13,500 10,000 10,000 10,000 5,000 5,000 5,000 10,000 10,000 10,000 10,000 10,000 (continued)
(l) The odds of winning a prize in this game are approximately one in 4.13. (Authorized by K.S.A. 2009 Supp. 74-8710; implementing K.S.A. 2009 Supp. 74-8710 and K.S.A. 74-8720; effective, T-111-12-29-10, Dec. 9, 2010.) 111-4-3047. Kansas 150 instant ticket lottery game number 354. (a) The Kansas lottery shall conduct an instant winner lottery game entitled Kansas 150 commencing on or after January 1, 2011. The rules for this game are contained in K.A.R. 111-3-1 et seq. and 111-43047. (b) The play and prize symbols and captions for this game are as follows:
Symbol of a tractor Symbol of some corn Symbol of a cowboy hat Symbol of a scarecrow Symbol of a barn Symbol of a tree Symbol of a butterfly Symbol of a windmill Symbol of a deer Symbol of a bird Symbol of some wheat Symbol of a turtle Symbol of a bee Symbol of a shovel Symbol of a hay bale Symbol of a horse Symbol of a salamander WIN MAYBE NEXT TIME GOOD LUCK
Prize Symbols
TRACTOR CORN HAT SCRCROW BARN TREE BUTRFLY WINDMILL DEER BIRD WHEAT TURTLE BEE SHOVEL BALE HORSE REPTILE
$2 $2 $5
Captions
Free $2.00 $4.00 $5.00 10.00 20.00 50.00 $150$ $1000 $10000
TICKET TWO$ FOUR$ FIVE$ TEN$ TWENTY FIFTY ONHNFTY ONETHOU 10-THOU
$4 $10
Vol. 30, No. 13, March 31, 2011
360
($5 x 4) $20 $50 $50 $50WIN $50 ($20 x 2) + $10 $50 ($10 x 4) $10 $50 ($5 x 8) $10 $50 $150 $150 $1,000 $1,000 $10,000 $10,000 Subtotal Second Chance Drawing Prizes (paintings) TOTAL 300 70 50 50 70 70 100 6 4 $71,220 10 $71,230
Kansas Register
6,000 3,500 2,500 2,500 3,500 3,500 15,000 6,000 40,000 $318,400 31,430 $349,830
Regulations
MNYBAG THRONE POTGOLD BILLS TRCHST WATCH WIN WIN$50
Symbol of a money bag Symbol of a throne Symbol of a pot of gold Symbol of some money bills Symbol of a treasure chest Symbol of a watch Symbol of a diamond Symbol of a ring MAYBE NEXT TIME THANKS FOR TRYING
Prize Symbols
(k) The odds of winning a prize in this game are approximately one in 4.21. (Authorized by K.S.A. 2009 Supp. 74-8710; implementing K.S.A. 2009 Supp. 74-8710 and K.S.A. 74-8720; effective, T-111-12-29-10, Dec. 9, 2010.) 111-4-3048. Kings Cash instant ticket lottery game number 355. (a) The Kansas lottery shall conduct an instant winner lottery game entitled Kings Cash commencing on or after January 1, 2011. The rules for this game are contained in K.A.R. 111-3-1 et seq. and 111-43048. (b) The play and prize symbols and captions for this game are as follows:
Captions
01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Symbol of a gold bar

ONE TWO THR FOR FIV SIX SEV EGT NIN TEN ELV TWV TRN FRN FTN SXTN SVTN EGTN NTN TWTY TWYONE TWYTWO TWYTHR TWYFOR TWYFIV TWYSIX TWYSEV TWYEGT TWYNIN THRTY THRONE THRTWO THRTHR THRFOR THRFIV 10TIMES
10.00 TEN$ FIFTEEN 15.00 TWENTY 20.00 TWEN-FIV 25.00 50.00 FIFTY SVTFIV 75.00 $100$ ONE-HUN $500$ FIVE-HUN $1000 ONETHOU $10000 10-THOU $75000 75-THOU (c) For this game, a play symbol shall appear in each of 35 play spots within the play area or areas. (d) The ticket numbers in each book of tickets in this game shall start with 000 and end with 029. (e) The three letters comprising the retailer validation codes used in this game shall appear in three of eight varying locations among the play symbols. The retailer validation codes for this game and their meanings are as follows: TEN FTN TWY TWF FTY STF HUN FHN $10.00 $15.00 $20.00 $25.00 $50.00 $75.00 $100.00 $500.00
(f) The price of instant tickets sold by a retailer for this game shall be $10.00 each. (g) Kings Cash features three different play areas. In the key number match area, a player will scratch the play area to reveal five ROYAL NUMBERS and 25 YOUR NUMBERS, with a prize amount below each of the YOUR NUMBERS. If a player matches any of the YOUR NUMBERS to any ROYAL NUMBER, the player wins the prize shown below that number. If the player reveals a GOLD BAR symbol, the player wins 10 times the prize shown instantly. A player can win up to 25 times in this play area. In the instant reveal game, the player will scratch the play area to reveal four play symbols. If the player reveals a DIAMOND symbol, the player wins the prize below that symbol. A player can win up to four times in this play area. The bonus area is an instant win game. If the player reveals a RING symbol, the player wins $50 instantly. A player can win once in this play area. (h) Each ticket in this game may win up to 30 times.
Vol. 30, No. 13, March 31, 2011
Regulations
Kansas Register
Symbol of a left arrow Symbol of an arrow right and left Symbol of an arrow up and down Symbol of an arrow up Symbol of an arrow down MAYBE NEXT TIME THANKS FOR TRYING
Prize Symbols
.00
361
Game 1 $10 $15 $10 + $10 $25 $10 + $15 $50 $25 + $25 ($10 x 5) $75 $25 ($25 x 3) ($10 x 6) + $15 $100 ($50 x 2) $50 ($25 x 4) ($10 x 10X) ($10 x 10) $500 ($25 x 10X) + ($75 x 2) + ($50 x 2) ($25 x 15) + ($15 x 5) ($50 x 10) ($50 x 10X) ($100 x 4) + ($50 x 2) $1,000 ($100 x 10X) ($500 x 2) ($106)+ ($202)+ ($2512)+ ($506)+ ($752)+$100 $10,000 ($500 x 10X) + ($100 x 10) + ($1,000 x 4) $75,000 TOTAL Bonus Prizes $10 $15 $20 $25 $25 $50 $50 $50 $50 $75 $75 $75 $75 $100 $100 $100 $100 $100 $100 $500 $500 $50 $500 $500 $500 $500 $1,000 $1,000 $1,000 Expected Number of Prizes in Game 50,000 20,500 13,000 5,200 6,000 750 1,600 750 600 300 400 300 200 100 100 100 100 280 100 20 50 40 15 15 20 14 12 8 Expected Value in Game $500,000 307,500 260,000 130,000 150,000 37,500 80,000 37,500 30,000 22,500 30,000 22,500 15,000 10,000 10,000 10,000 10,000 28,000 10,000 10,000 25,000 20,000 7,500 7,500 10,000 14,000 12,000 8,000
Captions
$50
$50
$50
$5 FIVE$ 10.00 TEN$ TWEN-FIV 25.00 FREE BUTTON MAYBE NEXT TIME GOOD LUCK (c) For this game, a play symbol shall appear in each of 92 play spots within the play area or areas. (d) The ticket numbers in each book of tickets in this game shall start with 000 and end with 059. (e) The three letters comprising the retailer validation codes used in this game shall appear in three of eight varying locations among the play symbols. The retailer validation codes for this game and their meanings are as follows: FIV $5.00 TEN $10.00 FTN $15.00 TWY $20.00 TWF $25.00 FTY $50.00 STF $75.00 HUN $100.00 FHN $500.00 (f) The price of instant tickets sold by a retailer for this game shall be $5.00 each. (g) Riverfest Riches features two separate play areas. In the maze game, each grid square will contain an arrow as a path to follow. The player scratches the ENTER HERE square to reveal the first arrow. The player continues to scratch only the square in the direction indicated by the arrow. The player continues scratching to reveal his path through the maze. If the path revealed by following the arrows ends at a prize amount, the player wins that prize. A player can win up to four times in this play area. In the bonus play area, if a player reveals any prize amount, the player wins that amount. If a player reveals the words FREE BUTTON, the player wins a button for Riverfest, from June 3, 2011, through June 11, 2011. A player can win one time in this play area. (h) Each ticket in this game may win up to five times. (i) Approximately 300,000 tickets shall be ordered initially for this instant game. Additional ticket orders shall have the same prize structure, the same number of prizes per prize pool of 300,000 tickets, and the same odds as were contained in the initial ticket order. (j) The expected number and value of instant prizes in this game shall be as follows:
Game 1 Bonus Prizes Expected Number of Prizes in Game Expected Value in Game
$50
$1,000 $10,000 $10,000 $75,000
20 2 2 3 100,601
20,000 20,000 20,000 225,000 $2,099,500
(k) The odds of winning a prize in this game are approximately one in 2.98. (Authorized by K.S.A. 2009 Supp. 74-8710; implementing K.S.A. 2009 Supp. 74-8710 and K.S.A. 74-8720; effective, T-111-12-29-10, Dec. 9, 2010.) 111-4-3049. Riverfest Riches instant ticket lottery game number 356. (a) The Kansas lottery shall conduct an instant winner lottery game entitled Riverfest Riches commencing on or after January 1, 2011. The rules for this game are contained in K.A.R. 111-3-1 et seq. and 111-4-3049. (b) The play and prize symbols and captions for this game are as follows:
Symbol of a right arrow
(continued)
Vol. 30, No. 13, March 31, 2011
362
$5 $10 $5 + $5 $5 $15 $5 + $10 $20 $10 + $10 $10 $5 + $5 + $10 $25 $5 + $10 + $10 $50 $25 $10 + $15 + $25 $5 + $5 + $10 + $20 $5 + $10 + $10 + $25 $75 $5 + $10 + $10 + $25 $10 + $15 + $25 + $25 $100 $500 $1,000 $5,000 $25,000 Free Button Second Chance Drawing Prize TOTAL $5 $5 $10 $10 $5 $10 $15 $15 $20 $20 $10 $20 $20 $25 $25 $50 $25 $50 $50 $10 $50 $50 $75 $25 $75 $75 $100 $500 $1,000 $5,000 $25,000 Free Button $5 35,000 5,000 12,000 6,000 5,000 7,000 5,000 1,400 600 600 1,000 1,000 600 200 100 150 150 150 75 50 50 100 40 10 6 3 4,000 1 85,285
Kansas Register
$175,000 25,000 120,000 60,000 50,000 105,000 75,000 28,000 12,000 12,000 20,000 25,000 15,000 10,000 5,000 7,500 7,500 7,500 5,625 3,750 3,750 10,000 20,000 10,000 30,000 75,000 20,000 40,000 $977,625
Regulations
(k) The odds of winning a prize in this game are approximately one in 3.52. (Authorized by K.S.A. 2009 Supp. 74-8710; implementing K.S.A. 2009 Supp. 74-8710 and K.S.A. 74-8720; effective, T-111-12-29-10, Dec. 9, 2010.) 111-4-3050. Casino Crossword instant ticket lottery game number 358. (a) The Kansas lottery shall conduct an instant winner lottery game entitled Casino Crossword commencing on or after January 1, 2011. The rules for this game are contained in K.A.R. 111-3-1 et seq. and 111-4-3050. (b) The play symbols for this game are as follows: A -B-C-D-E-F-G-H-I-J-K-L-M-N-O-P-Q - R - S - T - U - V - W - X - Y - Z. There are no play symbol captions in this game. (c) For this game, a play symbol shall appear in each of 20 play spots within the YOUR LETTERS play area, and a variable number of times within the crossword puzzle grid. (d) The ticket numbers in each book of tickets in this game shall start with 000 and end with 149. (e) The three letters comprising the retailer validation codes used in this game shall appear in three of eight varying locations among the play symbols. The retailer validation codes for this game and their meanings are as follows: FRE FIV TEN TWY HUN FHN Free ticket $5.00 $10.00 $20.00 $100.00 $500.00
grid consisting of grid squares covered by transparent latex. A player will scratch the YOUR LETTERS to reveal 20 YOUR LETTERS. A player then matches the YOUR LETTERS to the corresponding letters on the crossword puzzle by removing the scratch-off material covering the matching letter. If a player scratches three or more completed words in the crossword puzzle, the player wins the corresponding prize in the prize legend. The entire word must be uncovered to win the corresponding prize. In the crossword puzzle, every lettered square within an unbroken horizontal or vertical sequence must be matched with a YOUR LETTERS to be considered a complete word. Words within words are not eligible for a prize. (h) Each ticket in this game may win up to one time. Only the highest prize won on each ticket will be awarded. (i) Approximately 1,200,000 tickets shall be ordered initially for this instant game. Additional ticket orders shall have the same prize structure, the same number of prizes per prize pool of 300,000 tickets, and the same odds as were contained in the initial ticket order. (j) The expected number and value of instant prizes in this game shall be as follows:
(k) The odds of winning a prize in this game are approximately one in 4.13. (Authorized by K.S.A. 2009 Supp. 74-8710; implementing K.S.A. 2009 Supp. 74-8710 and K.S.A. 74-8720; effective, T-111-12-29-10, Dec. 9, 2010.) 111-4-3051. Cool Hand Loot instant ticket lottery game number 360. (a) The Kansas lottery shall conduct an instant winner lottery game entitled Cool Hand Loot commencing on or after January 1, 2011. The rules for this game are contained in K.A.R. 111-3-1 et seq. and 111-4-3051. (b) The play and prize symbols and captions for this game are as follows:
(f) The price of instant tickets sold by a retailer for this game shall be $2.00 each. (g) Casino Crossword consists of two play areas. In the upper part of the ticket in the YOUR LETTERS play area there are 20 YOUR LETTERS located under latex. On the bottom of the ticket there is a crossword puzzle
2 3 4 5 6 7 8 9 10 J Q K
TWO THR FOR FIV SIX SEV EGT NIN TEN JAK QEN KNG
Vol. 30, No. 13, March 31, 2011
Regulations
A
Prize Symbols
Kansas Register
ACE
Captions
$15 $10 + $5 ($5 x 3) $25 $15 + $10 ($10 x 2) + $5 $50 ($25 x 2) $25 + $10 + $15 $100 ($50 x 2) ($25 x 2) + $50 $400 $2,500 TOTAL $15 $15 $15 $25 $25 $25 $50 $50 $50 $100 $100 $100 $400 $2,500 800 800 800 500 400 400 160 160 120 60 60 40 20 6 137,326 12,000 12,000 12,000 12,500 10,000 10,000 8,000 8,000 6,000 6,000 6,000 4,000 8,000 15,000 $326,500
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Free $1.00 $2.00 $5.00 10.00 15.00 25.00 50.00 $100$ $400$ $2500
TICKET ONE$ TWO$ FIVE$ TEN$ FIFTEEN TWEN-FIV FIFTY ONE-HUN FOR-HUN TWF-HUN
(c) For this game, a play symbol shall appear in each of 15 play spots within the play area or areas. (d) The ticket numbers in each book of tickets in this game shall start with 000 and end with 299. (e) The three letters comprising the retailer validation codes used in this game shall appear in three of eight varying locations among the play symbols. The retailer validation codes for this game and their meanings are as follows: FRE ONE TWO FIV TEN FTN TWF FTY HUN FRH Free Ticket $1.00 $2.00 $5.00 $10.00 $15.00 $25.00 $50.00 $100.00 $400.00
(k) The odds of winning a prize in this game are approximately one in 4.37. (Authorized by K.S.A. 2009 Supp. 74-8710; implementing K.S.A. 2009 Supp. 74-8710 and K.S.A. 74-8720; effective, T-111-12-29-10, Dec. 9, 2010.) 111-4-3052. Terrific 10s instant ticket lottery game number 361. (a) The Kansas lottery shall conduct an instant winner lottery game entitled Terrific 10s commencing on or after January 1, 2011. The rules for this game are contained in K.A.R. 111-3-1 et seq. and 111-43052. (b) The play and prize symbols and captions for this game are as follows:
10
Prize Symbols
TEN
Captions
(f) The price of instant tickets sold by a retailer for this game shall be $1.00 each. (g) Cool Hand Loot is a beat the dealer game. A player will remove the scratch-off material to reveal three HANDS. Each HAND will consist of two YOUR CARDS, two DEALERS CARDS, and one prize amount. If the total of YOUR HAND is higher than the total of the DEALERS HAND in the same Hand, the player wins the prize shown for that HAND. Aces are high. (h) Each ticket in this game may win up to three times. (i) Approximately 600,000 tickets shall be ordered initially for this instant game. Additional ticket orders shall have the same prize structure, the same number of prizes per prize pool of 300,000 tickets, and the same odds as were contained in the initial ticket order. (j) The expected number and value of instant prizes in this game shall be as follows:
Get Free Ticket $1 $2 ($1 x 2) $5 $1 + ($2 x 2) $10 ($5 x 2) Prizes Free Ticket $1 $2 $2 $5 $5 $10 $10 Expected Number of Prizes in Game 40,000 48,000 20,000 12,000 5,000 4,000 2,000 2,000 Expected Value in Game $0 48,000 40,000 24,000 25,000 20,000 20,000 20,000
Free $1.00 $2.00 $5.00 10.00 25.00 $100$ $1000
TICKET ONE$ TWO$ FIVE$ TEN$ TWEN-FIV ONE-HUN ONETHOU
(c) For this game, a play symbol shall appear in each of six play spots within the play area or areas. (d) The ticket numbers in each book of tickets in this game shall start with 000 and end with 299. (e) The three letters comprising the retailer validation codes used in this game shall appear in three of eight varying locations among the play symbols. The retailer validation codes for this game and their meanings are as follows: FRE ONE TWO FIV TEN TWF HUN Free Ticket $1.00 $2.00 $5.00 $10.00 $25.00 $100.00
(f) The price of instant tickets sold by a retailer for this game shall be $1.00 each. (g) Terrific 10s combines two different game plays within the same play area. A player can win by matching three of six prize amounts or by revealing one or more
(continued)
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10 symbols to win a prize according to the prize legend on the ticket front. A player will remove the scratch-off material covering the game play area to reveal six prize/ play symbols. If three of the six prize amounts are identical, the player wins that prize amount. If a player reveals from one to four 10 symbols, the player wins a prize according to the prize legend on the ticket front. (h) Each ticket in this game may win up to one time. (i) Approximately 600,000 tickets shall be ordered initially for this instant game. Additional ticket orders shall have the same prize structure, the same number of prizes per prize pool of 300,000 tickets, and the same odds as were contained in the initial ticket order. (j) The expected number and value of instant prizes in this game shall be as follows:
Method 1 3 3 3 3 Frees $1.00s $2.00s $5.00s ONE 10 3 - $10.00s 3 - $25.00s TWO 10s 3 - $100.00s THREE 10s 3 - $1,000.00s FOUR 10s TOTAL Method 2 Prizes Free Ticket $1 $2 $5 $10 $10 $25 $100 $100 $1,000 $1,000 $10,000 Expected Number of Expected Prizes in Game Value in Game 40,000 48,000 30,000 12,000 4,000 2,000 1,000 100 100 8 4 4 137,216 $0 48,000 60,000 60,000 40,000 20,000 25,000 10,000 10,000 8,000 4,000 40,000 $325,000
(d) The ticket numbers in each book of tickets in this game shall start with 000 and end with 299. (e) The three letters comprising the retailer validation codes used in this game shall appear in three of eight varying locations among the play symbols. The retailer validation codes for this game and their meanings are as follows: FRE Free Ticket ONE $1.00 TWO $2.00 FIV $5.00 TEN $10.00 TWF $25.00 FTY $50.00 FHN $500.00 (f) The price of instant tickets sold by a retailer for this game shall be $1.00 each. (g) Coin Toss is an add-up game. A player will remove the latex material covering the game play area to reveal five play symbols (coins) and one prize symbol. If the five coins add up to $1.00 or more, the player wins the prize in the prize box. (h) Each ticket in this game may win up to one time. (i) Approximately 600,000 tickets shall be ordered initially for this instant game. Additional ticket orders shall have the same prize structure, the same number of prizes per prize pool of 300,000 tickets, and the same odds as were contained in the initial ticket order. (j) The expected number and value of instant prizes in this game shall be as follows:
Free $1 $2 $5 $10 $25 $50 $500 $5,000 TOTAL Prizes Free Ticket $1 $2 $5 $10 $25 $50 $500 $5,000 Expected Number of Prizes in Game 40,000 20,000 40,000 16,000 6,000 1,200 400 12 6 123,618 Expected Value in Game $0 20,000 80,000 80,000 60,000 30,000 20,000 6,000 30,000 $326,000
(k) The odds of winning a prize in this game are approximately one in 4.37. (Authorized by K.S.A. 2009 Supp. 74-8710; implementing K.S.A. 2009 Supp. 74-8710 and K.S.A. 74-8720; effective, T-111-12-29-10, Dec. 9, 2010.) 111-4-3053. Coin Toss instant ticket lottery game number 362. (a) The Kansas lottery shall conduct an instant winner lottery game entitled Coin Toss commencing on or after January 1, 2011. The rules for this game are contained in K.A.R. 111-3-1 et seq. and 111-43053. (b) The play and prize symbols and captions for this game are as follows:
01 05 10 25 50
Prize Symbols
PENNY NICKEL DIME QRTER HALF

Captions
(k) The odds of winning a prize in this game are approximately one in 4.85. (Authorized by K.S.A. 2009 Supp. 74-8710; implementing K.S.A. 2009 Supp. 74-8710 and K.S.A. 74-8720; effective, T-111-12-29-10, Dec. 9, 2010.) 111-4-3054. Top Dollar instant ticket lottery game number 363. (a) The Kansas lottery shall conduct an instant winner lottery game entitled Top Dollar commencing on or after January 1, 2011. The rules for this game are contained in K.A.R. 111-3-1 et seq. and 111-43054. (b) The play and prize symbols and captions for this game are as follows:
Play/Prize Symbols Captions
Free $1.00 $2.00 $5.00 10.00 25.00 50.00 $500$ $5000
TICKET ONE$ TWO$ FIVE$ TEN$ TWEN-FIV FIFTY FIVE-HUN FIVTHOU
(c) For this game, a play symbol shall appear in each of six play spots within the play area or areas.
Free $1.00 $2.00 $4.00 $5.00
TICKET ONE$ TWO$ FOUR$ FIVE$
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10.00 25.00 50.00 $100$ $250$ $500$ $1000 $4000 Symbol of a money bag
Kansas Register
TEN$ TWEN-FIV FIFTY ONE-HUN TWOFIFTY FIVE-HUN ONETHOU FORTHOU DOUBLER
(D) - denotes doubler symbol
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(k) The odds of winning a prize in this game are approximately one in 4.60. (Authorized by K.S.A. 2009 Supp. 74-8710; implementing K.S.A. 2009 Supp. 74-8710 and K.S.A. 74-8720; effective, T-111-12-29-10, Dec. 9, 2010.) Article 15.RAFFLE GAMES 111-15-3. Game description; retail sale of tickets. (a) Holiday Millionaire Raffle is a raffle drawing which offers a total of 150,000 online tickets available for sale. Each ticket shall bear a TICKET NUMBER on the face of the ticket. On a date specified in these rules, an electronic drawing machine, which has been approved by the executive director of the Kansas lottery, shall randomly select a total of 506 WINNING NUMBERS. Each WINNING NUMBER consists of a six-digit number as it appears in exact order reading from left to right. A player wins by exactly matching his or her TICKET NUMBER to a WINNING NUMBER that was selected in the drawing. The first WINNING NUMBER selected during the drawing process shall be the grand prize winner. The second, third, fourth, fifth, and sixth WINNING NUMBERS selected during the drawing process shall be the second prize winners. The next 500 WINNING NUMBERS selected during the drawing process, which shall be drawn in the order of the seventh (7th) WINNING NUMBER through the five-hundred sixth (506th) WINNING NUMBER, shall be the third prize winners. If 145,000 of the 150,000 tickets that are available for sale are sold, all prizes shall be paid as a cash lump sum payment. If less than 145,000 tickets available for sale are sold, all prizes shall be paid on a pari-mutuel basis as a cash lump sum payment of the total cash held for all tickets sold in this game. To play the Holiday Millionaire Raffle, a player shall purchase a Holiday Millionaire Raffle ticket which bears a ticket number on the face of the ticket. (b) A Holiday Millionaire Raffle ticket shall sell for $20 (twenty) dollars. (c) Tickets shall not be sold to any person under the age of 18 years. Each retailer may require a person purchasing tickets to produce proof of age. (d) Each ticket shall be purchased from a terminal operated by a retailer. (e) All tickets sold by a retailer shall be a computer pick or quick pick ticket. (f) A validated ticket shall be the only proof of a game play. The only method of claiming a prize or prizes shall be the submission of the winning ticket to and receipt of the ticket by the lottery or its authorized agent. (g) The only guaranteed methods of win checking a ticket to determine whether the ticket bears a winning number shall be through the Kansas lottery check-a-ticket machines, or submission of a ticket to the Kansas lottery or an authorized retail agent. (h) A ticket shall not be voided or cancelled by returning the ticket to the selling retailer, including tickets that are printed in error. (i) There shall be a total of 150,000 available tickets for sale.
(continued)
(c) For this game, a play symbol shall appear in each of six play spots within the play area or areas. (d) The ticket numbers in each book of tickets in this game shall start with 000 and end with 299. (e) The three letters comprising the retailer validation codes used in this game shall appear in three of eight varying locations among the play symbols. The retailer validation codes for this game and their meanings are as follows: FRE Free Ticket TWO $2.00 FOR $4.00 TEN $10.00 FTY $50.00 HUN $100.00 FHN $500.00 (f) The price of instant tickets sold by a retailer for this game shall be $1.00 each. (g) Top Dollar is a match three of six prize amounts or a match two prize amounts plus a MONEY BAG symbol to win double the prize amount. The player will remove the latex covering the play area to reveal six prize amounts, or five prize amounts and a MONEY BAG symbol. If the player matches three like prize amounts, the player wins that amount. If the player matches two like prize amounts plus a MONEY BAG symbol, the player wins double the prize amount. (h) Each ticket in this game may win up to one time. (i) Approximately 600,000 tickets shall be ordered initially for this instant game. Additional ticket orders shall have the same prize structure, the same number of prizes per prize pool of 300,000 tickets, and the same odds as were contained in the initial ticket order. (j) The expected number and value of instant prizes in this game shall be as follows:
Prizes 3 - Frees Free Ticket 2 - $1.00s & (D) $2 3 - $2.00s $2 2 - $2.00s & (D) $4 3 - $4.00s $4 2 - $5.00s & (D) $10 3 - $10.00s $10 2 - $25.00s & (D) $50 3 - $50.00s $50 3 - $100.00s $100 2 - $50.00s & (D) $100 3 - $500.00s $500 2 - $250.00s & (D) $500 3 - $1,000s $1,000 2 - $500.00s & (D) $1,000 3 - $4,000s $4,000 TOTAL Expected Number of Expected Prizes in Game Value in Game 40,000 $0 28,000 56,000 28,000 56,000 15,000 60,000 15,000 60,000 2,000 20,000 2,000 20,000 100 5,000 100 5,000 100 10,000 50 5,000 8 4,000 6 3,000 4 4,000 2 2,000 4 16,000 130,374 $326,000
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(j) Ticket sales will begin at the start of the business day central time on or about October 1, 2010. (k) Ticket sales will end on or about the close of business day central time on December 29, 2010, or whenever all 150,000 tickets that are available for sale are sold, whichever comes first. (l) The game will close on or about 4:30 a.m. on December 30, 2010. (m) The drawing shall be conducted on or about December 30, 2010, before noon central time, at a secure location as determined by the executive director, after the game is closed and the external auditor has verified that the game is closed, under conditions and procedures promulgated by the executive director of the lottery. (n) Each player shall have the sole responsibility for verifying the accuracy and condition of the data printed on the ticket. The purchase of a ticket is done at the players own risk through the online retailer who is deemed to be acting on behalf of the player in entering the play or plays. (o) If, for any reason, a players bet is not accepted, the liability of the Kansas lottery or its agents shall be limited to a refund of the amount of the ticket purchase price. (p) Winning ticket numbers shall be made available to the public on or about noon, December 30, 2010. (Authorized by K.S.A. 2009 Supp. 74-8710; implementing K.S.A. 2009 Supp. 74-8710 and 74-8718; effective, T-11110-8-09, Sept. 9, 2009; amended, T-111-12-7-10, Sept. 8, 2010; amended, T-111-12-29-10, Dec. 9, 2010.)
each player with his or her two cards to form a five card hand. (b) Hand means the five (5) card hand formed for each player by combining the two (2) cards dealt to the player and the three (3) community cards. (c) Fold means the withdrawal of a player from a round of play by discarding his or her two cards prior to placing a bet wager. (d) Let it ride means that a player chooses not to take back a wager that may be withdrawn. (e) Push means a players hand resulting in neither payment on nor collection of the players wagers. (f) Rank or ranking shall mean the relative position of a card or group of cards. (g) Round of play or round means one complete cycle of play during which all players then playing at the table have been dealt a hand, have folded or wagered upon it, and have had their wagers paid or collected. (h) Stub means the remaining portion of the deck after all cards in the round of play have been dealt. (i) Suit shall mean one of the four categories of cards, i.e., diamond, spade, club or heart. (Authorized by K.S.A. 2009 Supp. 74-8710 and 74-8748; implementing K.S.A. 2009 Supp. 74-8710; effective, T-111-12-29-10, Dec. 9, 2010.) 111-301-16. Let It Ride hand rankings. (a) The rank of the cards used in Let It Ride for the determination of winning hands, in order of highest to lowest rank, shall be: ace, king, queen, jack, 10, 9, 8, 7, 6, 5, 4, 3, and 2. Notwithstanding the foregoing, an ace may be used to complete a straight flush or a straight formed with a 2, 3, 4, and 5. An ace may not be used, however, with any other sequence of cards to form a straight (for example, queen, king, ace, 2, and 3). (b) The permissible poker hands at the game of Let It Ride, in order of highest to lowest rank, are as follows: (1) Royal flush - a hand consisting of ace, king, queen, jack, and 10 of the same suit; (2) Straight flush - a hand consisting of five cards of the same suit in consecutive ranking except for a Royal Flush as defined above; (3) Four of a kind - a hand consisting of four cards of the same rank; (4) Full house - a hand consisting of three of a kind and a pair; (5) Flush - a hand consisting of five cards of the same suit, not in consecutive order; (6) Straight - a hand consisting of five unsuited cards of consecutive rank; (7) 2 pair - a hand consisting of two pairs; (8) 1 pair - a hand consisting of two cards of the same rank regardless of suit. (Authorized by K.S.A. 2009 Supp. 74-8710 and 74-8748; implementing K.S.A. 2009 Supp. 748710; effective, T-111-12-29-10, Dec. 9, 2010.) 111-301-17. Wagers. (a) All wagers at Let It Ride shall be made by placing gaming chips and, if applicable, a match play coupon on the appropriate betting areas of the table layout. A verbal wager accompanied by cash shall not be accepted. (b) Only players who are seated at the Let It Ride table may touch the cards. Once a player has placed a wager
Article 301.SPECIFIC LOTTERY FACILITY GAMES AT LOTTERY GAMING FACILITIES 111-301-13. Name of the game; rules and regulations. The Kansas lottery shall conduct a lottery facility game at the Boot Hill Casino & Resort in Dodge City, Kansas, entitled Let It Ride beginning on or after December 10, 2010. The rules and regulations for the game of Let It Ride are contained in K.A.R. 111-301-13 through 111-301-20, and applicable generic rules are contained in K.A.R. 111201-1 et seq. (Authorized by K.S.A. 2009 Supp. 74-8710 and 74-8748; implementing K.S.A. 2009 Supp. 74-8710; effective, T-111-12-29-10, Dec. 9, 2010.) 111-301-14. Object of game. Let It Ride is a fivecard stud poker game in which each player seeks a hand that qualifies for a posted payout, pair of 10s or better. (Authorized by K.S.A. 2009 Supp. 74-8710 and 74-8748; implementing K.S.A. 2009 Supp. 74-8710; effective, T-11112-29-10, Dec. 9, 2010.) 111-301-15. Definitions. The following definitions, when used in the Southwest Kansas Lottery Gaming Zone, when pertaining to the game of Let It Ride shall have the following meanings unless the context clearly indicates otherwise: (a) Community card means any of the three cards that are initially dealt face down in the designated area in front of the dealer and, once revealed, shall be used by
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and received cards, that player must remain seated until the completion of the round of play. (c) All ante wagers at Let It Ride shall be placed prior to the dealer dealing the first card. No wager at Let It Ride shall be made, increased or withdrawn after the dealer has dealt the first card. (d) At the beginning of each round of play, each player shall be required to place three equal but separate wagers. The wagers shall be identified as bet number 1, bet number 2 and bet number 3. Bet number 1 and bet number 2 may subsequently be removed by the player in accordance with K.A.R. 111-301-18, play rules. (e) A Lottery Gaming Facility Manager may, in its discretion, permit a player to place wagers at two betting positions during a round of play provided that the two betting positions are adjacent to each other. (f) After each round of play is complete, the dealer shall collect all losing wagers and pay off all winning wagers in accordance with the payout table. (Authorized by K.S.A. 2009 Supp. 74-8710 and 74-8748; implementing K.S.A. 2009 Supp. 74-8710; effective, T-111-12-29-10, Dec. 9, 2010.) 111-301-18. Play. (a) The starting position for the dealing of cards or the delivery of stacks of cards for the game of Let It Ride may be determined in the following manners: (b) The dealer shall deliver the first stack of cards dealt by the shuffler to the player farthest to his/her left, face down in a clockwise manner, including the dealer who will receive three cards, also known as the community cards. (c) After each player has examined his or her cards, the dealer shall, beginning with the player farthest to the dealers left and moving clockwise around the table, ask each player if he or she wishes to withdraw bet number 1 or let it ride. (1) If a player chooses to let bet number 1 ride, that bet shall remain on the appropriate betting area of the layout until the end of the round of play. (2) If a player chooses to withdraw bet number 1, the dealer shall move the gaming chips on the betting area designated for bet number 1 toward the player who shall then immediately remove the gaming chips from the betting area. (d) After each player has made a decision regarding bet number 1, the dealer shall remove (burn) the community card that is to his or her left, and place the burned card in the discard rack face down. (e) The dealer shall then reveal the first community card. (f) After the first community card is exposed, the dealer shall, beginning with the player farthest to the dealers left and moving clockwise around the table, ask each player if he or she wishes to withdraw bet number 2 or let it ride. This decision shall be made by each player regardless of the decision made concerning bet number 1. (1) If a player chooses to let bet number 2 ride, that bet shall remain on the appropriate betting area of the layout until the end of the round of play. (2) If a player chooses to withdraw bet number 2, the dealer shall move the gaming chips on the betting area
designated for bet number 2 toward the player who shall then immediately remove the gaming chips from the betting area. (g) After each player has made a decision regarding bet number two, each players cards shall be placed face down on the appropriate area of the layout, the player shall not touch the cards again. (h) The dealer shall then reveal the second community card. (i) After the second community card is turned face up, the dealer shall, beginning with the player farthest to his or her right and continuing around the table in a counterclockwise direction, complete the following applicable procedures in succession for each player. (1) The dealer shall turn the three cards of the player face up. The two community cards and the three cards dealt to the player shall form the five card poker hand of that player. (2) The dealer shall examine the cards of the player to determine if the players hand qualifies for a payout pursuant to the approved payout table. Any let it ride poker wager on a hand which has a rank that is lower than a pair of tens shall be a losing wager. (3) The dealer shall then settle all wagers of that player. All losing wagers by the player shall be immediately collected by the dealer and placed in the table inventory container. After all losing wagers have been collected; all winning wagers shall be paid in accordance with the payout odds. (4) All hands shall remain face up on the layout until all wagers have been settled by the dealer. (j) After settling all wagers, the dealer shall immediately collect the cards of all players and the community cards and place them in the discard rack. All cards collected by the dealer shall be picked up in order and placed in the discard rack in such a way that they can be readily arranged to reconstruct each hand in the event of a question or dispute. (Authorized by K.S.A. 2009 Supp. 74-8710 and 74-8748; implementing K.S.A. 2009 Supp. 748710; effective, T-111-12-29-10, Dec. 9, 2010.) 111-301-19. Payout odds. (a) For a winning hand, bet number 1, bet number 2, and bet number 3 are paid the same payout odds ranging from 1 to 1 for a pair of 10s or better to 500 to 1 for a royal flush. (b) All winning wagers will receive the following payout odds:
Hand Ranking Odds
Royal Flush Straight Flush 4 of a Kind Full House Flush Straight 3 of a Kind Two Pair Pair of 10s or Better
500 to 1 200 to 1 500 to 1 11 to 1 8 to 1 5 to 1 3 to 1 2 to 1 1 to 1
(Authorized by K.S.A. 2009 Supp. 74-8710 and 74-8748; implementing K.S.A. 2009 Supp. 74-8710; effective, T-11112-29-10, Dec. 9, 2010.)
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111-301-20. Irregularities. (a) A card that is found face up in the shoe or the deck while the cards are being dealt shall not be used in the game and shall be placed in the discard rack. If more than one card is found face up in the shoe or the deck during the dealing of the cards, all hands shall be void and the cards shall be reshuffled. (b) A card drawn in error without its face being exposed shall be used as though it was the next card from the shoe or the deck. (c) If any player or the area designated for the community cards is dealt an incorrect number of cards, all hands shall be void and the cards reshuffled. (d) Any automated card shuffling device or automated dealing shoe shall be removed from a gaming table before any other method of shuffling or dealing may be utilized at that table. (e) If an automated card shuffling device is being used and the device jams, stops shuffling during a shuffle, or fails to complete a shuffle cycle, the cards shall be reshuffled. (f) If an automated dealing shoe is being used and the device jams, stops dealing cards, or fails to deal all cards during a round of play, the round of play shall be void, and the cards shall be removed from the device and reshuffled with any cards already dealt. (g) If cards become soiled in the course of play and the dealer finds that a card is unsuitable for use, a table games floor supervisor will bring a substitute card from the card reserve in the pit stand and the unsuitable card is placed in a sealed envelope or container. The table games floor supervisor will maintain the envelope in a secure place within the pit until collection by Security. (Authorized by K.S.A. 2009 Supp. 74-8710 and 74-8748; implementing K.S.A. 2009 Supp. 74-8710; effective, T-111-12-29-10, Dec. 9, 2010.) Article 312.SPECIFIC LOTTERY FACILITY GAMES AT LOTTERY GAMING FACILITIES; MISSISSIPPI STUD POKER 111-312-6. Play. (a) The starting position for the dealing of cards and the delivery of stacks of cards for the game of Mississippi Stud Poker may be determined in the following manner: (1) The dealer shall deliver the first stack of three cards to the dealer, also known as the community cards, and will then deliver two cards dealt by the shuffler to the player farthest to his/her left, continuing to deal each player two cards face down in a clockwise manner. (2) After all players have looked at their two cards, the players have a choice: (A) Fold (and surrender their ante wager); or (B) Make a 3rd Street bet of 1x, 2x, or 3x their ante wager. (3) The dealer shall then reveal the first community card. (4) The players have a choice: (A) Fold (and surrender their ante wager and 3rd Street bet); or (B) Make a 4th Street bet of 1x, 2x, or 3x their ante wager. (5) The dealer shall then reveal the second community card. (6) The players have a choice:
(A) Fold (and surrender their ante wager, 3rd Street bet, and 4th Street bet); or (B) Make a 5th Street bet of 1x, 2x, or 3x their ante wager. (7) The dealer shall then reveal the third community card. (b) Working from right to left, the dealer reveals each players two-card hand and determines their hand combined with the three community cards. (c) The dealer pays and takes according to the pay table. (Authorized by K.S.A. 2009 Supp. 74-8710 and 74-8748; implementing K.S.A. 2009 Supp. 74-8710; effective, T-11112-7-10, Sept. 8, 2010; amended, T-111-12-29-10, Dec. 9, 2010.) 111-312-8. Irregularities. (a) A card that is found face up in the shoe or the deck while the cards are being dealt shall void all hands and require a reshuffle. If more than one card is found face up in the shoe or the deck during the dealing of the cards, all hands shall be void and the cards shall be reshuffled. (b) A card drawn in error without its face being exposed shall be used as though it was the next card from the shoe or the deck. (c) If any player is dealt an incorrect number of cards, all hands shall be void. (d) If an automated card shuffling device is being used and the device jams, stops shuffling during a shuffle, or fails to complete a shuffle cycle, the cards shall be reshuffled in accordance with procedures approved by the commission. (e) If an automated dealing shoe is being used and the device jams, stops dealing cards, or fails to deal all cards during a round of play, the round of play shall be void and the cards shall be removed from the device and reshuffled with any cards already dealt, in accordance with procedures approved by the commission. (f) Any automated card shuffling device or automated dealing shoe shall be removed from a gaming table before any other method of shuffling or dealing may be utilized at that table. (g) If an automated card shuffling device is being used and the device jams, stops shuffling during a shuffle, or fails to complete a shuffle cycle, the cards shall be reshuffled. (h) If an automated dealing shoe is being used and the device jams, stops dealing cards, or fails to deal all cards during a round of play, the round of play shall be void, and the cards shall be removed from the device and reshuffled with any cards already dealt. (i) If cards become soiled in the course of play and the dealer finds that a card is unsuitable for use, a table games floor supervisor will bring a substitute card from the card reserve in the pit stand and the unsuitable card is placed in a sealed envelope or container. The table games floor supervisor will maintain the envelope in a secure place within the pit until collection by security. (Authorized by K.S.A. 2009 Supp. 74-8710 and 74-8748; implementing K.S.A. 2009 Supp. 74-8710; effective, T-111-12-7-10, Sept. 8, 2010; amended, T-111-12-29-10, Dec. 9, 2010.) Ed Van Petten Executive Director
Doc. No. 039261
Vol. 30, No. 13, March 31, 2011
Regulations
State of Kansas
Kansas Register
369

Permanent Administrative Regulations Article 21.WESTERN KANSAS GROUNDWATER MANAGEMENT DISTRICT NO. 1 5-21-4. Safe yield. (a) Except as specified in subsection (c), the district shall be closed to new appropriations of water in the portions of the unconsolidated aquifers commonly known as the Ogallala formation and the Niobrara formation that are located within the district. (b) The approval of each application for a change in the point of diversion shall be subject to the following requirements, if the diversion works have not been completed under the original approved application: (1) The proposed appropriation, when added to the vested rights, prior appropriation rights, and earlier priority applications, shall not exceed the allowable safe yield amount for the area included within a two-mileradius circle, which is approximately 8,042 acres, of the proposed well. (2) For the purpose of analysis, all vested rights, certificates, permits, and prior unapproved applications shall be considered to be fully exercised, and all limitation clauses listed on permits to appropriate water and certificates shall be considered to be in force. (3) In the case of an application for change in the point of diversion referred to in subsection (b), each application and water right with a priority earlier than the priority established by the filing of the application for change shall be included in the analysis. (4) The allowable annual safe yield amount shall be calculated using the following formula: Q AR 12 Q the allowable annual safe yield amount in acrefeet per year A area of consideration, within a two-mile-radius circle, approximately 8,042 acres R average annual recharge of 0.5 inches per year (5) If part of the radial area is located outside the district boundary, that part shall be included in the depletion analysis only if the chief engineer determines that hydraulically connected groundwater exists in that portion of the area outside the district. A part of the area of consideration lying outside the state of Kansas shall not be included in the analysis. (6) If wells authorized under a vested right, a certified water right, or a permit to appropriate water are divided by the circumference of the radial area, the authorized quantity of water shall be assigned to each well. If specific quantities are not authorized for each well, a proportional amount shall be assigned to each well. (c) This regulation shall not apply to the following: (1) Domestic use; (2) temporary permits and term permits; and (3) a new application filed to appropriate groundwater in any area of the district not within an intensive ground-
water use control area, meeting all of the following criteria: (A) The sum of the annual quantity requested by the proposed appropriation and the total annual quantities authorized by prior permits allowed because of an exemption pursuant to this subsection does not exceed 15 acre-feet in a two-mile-radius circle surrounding the proposed point of diversion. (B) Well spacing criteria in the area have been met. (C) The approval of the application does not authorize an additional quantity of water out of an existing authorized well with a nondomestic permit or water right that would result in a total combined annual quantity of water authorized from that well in excess of 15 acre-feet. (D) All other criteria for approving a new application to appropriate water at that location have been met. (d) Exceptions to this regulation may be granted on an individual basis by recommendation by the board in conjunction with the approval of the chief engineer. The applicant may be required by the board to submit information necessary in order to make the determination. (Authorized by K.S.A. 82a-706a and K.S.A. 2009 Supp. 82a-1028; implementing K.S.A. 82a-706, K.S.A. 82a-708b, and K.S.A. 2009 Supp. 82a-1028; effective May 23, 1994; amended Sept. 22, 2000; amended April 15, 2011.) David W. Barfield, P.E. Chief Engineer Division of Water Resources
Doc. No. 039251
State of Kansas

Permanent Administrative Regulations Article 1.DISEASES 28-1-30. Definitions. For the purposes of this article, the following definitions shall apply: (a) College designee and university designee mean a person determined by the administration at a postsecondary educational institution to be responsible for the oversight and implementation of that institutions TB prevention and control plan. (b) Department means Kansas department of health and environment. (c) Health care provider means any of the following licensed persons: medical doctor, doctor of osteopathy, doctor of podiatric medicine, advanced registered nurse practitioner as defined in K.S.A. 65-1113 and amendments thereto, and physician assistant. (d) High-risk student means a student who meets any of the following conditions: (1) Has signs and symptoms of active TB; (2) has been in contact with a person who has been diagnosed with active TB; or (3) has traveled, resided in for more than three months, or was born in any country where TB is endemic as determined by the secretary and consistent with guidance
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provided by the centers for disease control and prevention. (e) Postsecondary educational institution has the meaning specified in K.S.A. 65-129e, and amendments thereto. (f) Secretary means secretary of health and environment or the secretarys designee. (g) Student means an individual who has been admitted to a postsecondary educational institution where the course of studies will require physical attendance in a classroom setting with one or more persons. (h) TB means tuberculosis. (i) TB prevention and control plan means the policies and procedures adopted pursuant to K.S.A. 65-129f, and amendments thereto, used at a postsecondary educational institution to reduce the risk of tuberculosis transmission and derived from pages 32 through 42 of the guidelines in controlling tuberculosis in the United States: recommendations from the American thoracic society, CDC, and the infectious diseases society of America, published in morbidity and mortality weekly report (MMWR) on November 4, 2005, vol. 54, no. RR-12. The pages specified in this subsection are hereby adopted by reference. (j) Tuberculosis has the meaning specified in K.S.A. 65-116a, and amendments thereto. For the purposes of these regulations, the term active TB shall mean a person diagnosed with tuberculosis by a health care provider, and the term latent TB infection shall mean a person who is determined by a health care provider to have the bacterium that causes tuberculosis but has not been diagnosed with active TB. (Authorized by and implementing K.S.A. 2010 Supp. 65-129e and 65-129f; effective April 15, 2011.) 28-1-31. TB prevention and control plan. (a) Each college designee and university designee shall implement a TB prevention and control plan. (1) The TB prevention and control plan shall include a TB evaluation component for each student determined to be a high-risk student, which shall include the following as necessary: (A) Tuberculin skin testing; (B) interferon gamma release assay; (C) chest radiograph; (D) sputum evaluation; (E) physical exam; and (F) review of signs of symptoms. (2) The TB prevention and control plan shall provide notification to the department if a student has been found to have latent TB infection or active TB, in accordance with K.A.R. 28-1-2. (b) Each postsecondary educational institution shall be in compliance with this regulation within 12 months after the beginning of the academic year following the effective date of this regulation. (Authorized by and implementing K.S.A. 2010 Supp. 65-129e and 65-129f; effective April 15, 2011.) 28-1-32. Health services at colleges and universities; submission of a TB prevention and control plan; monitoring of compliance. (a) Each college designee and university designee shall submit to the department a TB
prevention and control plan and any revisions that have been developed in consultation with the department, to ensure that the TB prevention and control plan includes evaluation criteria that are in compliance with the best practice standards as recommended by the division of tuberculosis elimination of the centers for disease control and prevention. (b) Each postsecondary educational institution that provides health services and that performs infection or disease evaluations, or both, shall keep internal TB evaluation records for each high-risk student. (c) Each postsecondary educational institution that does not have health services to perform infection or disease evaluations, or both, shall maintain the data on the form provided by the department for each individual considered to be a high-risk student. (d) Each postsecondary educational institution shall be in compliance with this regulation within 12 months after the beginning of the academic year following the effective date of this regulation. (Authorized by and implementing K.S.A. 2010 Supp. 65-129e and 65-129f; effective April 15, 2011.) Robert Moser, M.D. Secretary of Health and Environment
Doc. No. 039250
State of Kansas
Board of Pharmacy
Permanent Administrative Regulations Article 21.PRESCRIPTION MONITORING PROGRAM 68-21-2. Electronic reports. (a) Each dispenser shall file a report with the board for schedule II through IV drugs and any drugs of concern dispensed in this state or to an address in this state. On and after January 1, 2013, this report shall be submitted within 24 hours of the time that the substance is dispensed, unless the board grants an extension as specified in subsection (d). Before January 1, 2013, each dispenser shall submit the report within seven days of dispensing the substance. Each dispenser that does not dispense schedule II through IV drugs or any drugs of concern in this state or to an address in this state during the reporting periods specified in this subsection shall file a zero report with the board. (b) In addition to the requirements of K.S.A. 65-1683 and amendments thereto, each dispenser shall submit the prescribers name, the patients telephone number, and the number of refills for the dispensed drug on the report to the board. As an alternative to reporting the dispenser identification number, any dispenser may report the pharmacy DEA number. (c) Except as specified in K.A.R. 68-21-3, the report shall be submitted by secure file transfer protocol in the electronic format established by the American society for automation in pharmacy, dated no earlier than 2007, version 4, release 1.
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(d) An extension may be granted by the board to a dispenser for the submission of a report if both of the following conditions are met: (1)(A) The dispenser suffers a mechanical or electronic failure; or (B) the dispenser cannot meet the deadline established by subsection (a) because of circumstances beyond the dispensers control. (2) The dispenser files a written application for extension on a form provided by the board within 24 hours of discovery of the circumstances necessitating the extension request or on the next day the boards administrative office is open for business. (e) An extension for the filing of a report shall be granted to a dispenser if the board is unable to receive electronic reports submitted by the dispenser. (f) Each dispenser that is registered or licensed to dispense schedule II through IV drugs or any drugs of concern in this state or to an address in this state but does not dispense any of these drugs shall notify the board in writing that the dispenser will not be reporting to the board. If the dispenser begins dispensing schedule II through IV drugs or any drugs of concern in this state or to an address in this state, the dispenser shall notify the board of this fact and shall begin submitting reports to the board pursuant to this regulation. (Authorized by K.S.A. 2009 Supp. 65-1683 and 65-1692; implementing K.S.A. 2009 Supp. 65-1683; effective Oct. 15, 2010; amended April 15, 2011.) Debra Billingsley Executive Secretary
Doc. No. 039268
State of Kansas
Behavioral Sciences Regulatory Board

Permanent Administrative Regulations Article 5.LICENSING OF MARRIAGE AND FAMILY THERAPISTS 102-5-3. Education requirements. (a) Definitions. For purposes of this regulation, the following terms shall be defined as follows: (1) Core faculty member means an individual who is part of the programs teaching staff and who meets the following conditions: (A) Is an individual whose education, training, and experience are consistent with the individuals role within the program and are consistent with the published description of the goals, philosophy, and educational purpose of the program; (B) is an individual whose primary professional employment is at the institution in which the program is housed; and (C) is an individual who is identified with the program and is centrally involved in program development, decision making, and student training as demonstrated by consistent inclusion of the individuals name in public and departmental documents.
(2) In residence, when used to describe a student, means that the student is present at the physical location of the institution for the purpose of completing coursework during which the student and one or more core faculty members are in face-to-face contact. (3) Primary professional employment means a minimum of 20 hours per week of instruction, research, any other service to the institution in the course of employment, and the related administrative work. (b) Each applicant for licensure shall meet both of the following education requirements: (1) Each applicant shall have been awarded a masters or doctoral degree that meets the standards in subsection (c), (e), or (f). (2) The applicant shall have completed no less than 50% of the coursework for the degree in residence at one institution, and the required practicum shall be completed at the same institution. (c) To qualify for licensure with a masters or doctoral degree from a marriage and family therapy program, both of the following requirements shall be met: (1) The college or university at which the applicant completed a masters or doctoral degree in marriage and family therapy shall be regionally accredited, with accreditation standards equivalent to those in Kansas. (2) The marriage and family therapy program through which the applicant completed a masters or doctoral degree either shall be accredited by the commission on accreditation for marriage and family therapy education or shall meet the standards set out in subsection (d). (d) Each marriage and family therapy program that is not accredited by the commission on accreditation for marriage and family therapy education shall meet all of these conditions: (1) The program requires satisfactory completion by the applicant of a marriage and family therapy practicum, or its equivalent, that is provided by the program and that fulfills these conditions: (A) Is a part-time clinical experience that integrates didactic learning with clinical experience and that is completed concurrently with didactic coursework at a typical rate of five to 10 hours of direct client contact per week; (B) consists of at least 300 total hours of client contact; and (C) includes at least 60 total hours of supervision that is provided by the programs core faculty and off-site supervisors. The practicum shall provide a minimum of 30 supervised hours in an individual format and no more than 30 supervised hours in a group format. Supervision shall occur at least once a week. (2) The program requires that each marriage and family therapy student successfully complete a minimum of nine graduate semester credit hours, or the academic equivalent, in each of the following substantive content areas: (A) Human development and family study courses in which the interplay between interpersonal and intrapersonal development is stressed and issues of gender, ethnicity, and ecosystems are addressed as they relate to human development. These courses may include studies in sexuality, sexual functioning, sexual identity, sexism, stereotyping, and racism;
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(B) theoretical foundations of marital and family functioning courses, including an overview of the historical development of systems theory and cybernetics, a study of the life cycle of the family, and a study of family processes and the modification of family structures over time. These courses may include studies in the birth of the first child, adolescent sexual development, death of a family member, and issues of context, including gender and ethnicity; and (C) marital and family assessment and therapy courses that underscore the interdependence between diagnosis or assessment and treatment by insuring that students can use appropriate assessment instruments and methods within a systemic context. These courses shall provide a thorough understanding of the major theoretical models of systemic change, including structural, strategic, intergenerational, contextual, experiential, systemic, and behavioral theories. These courses also shall teach the principles and techniques evolving from each theory. In addition, the courses shall identify the indications and contraindications for use of each theory or technique, and shall address the rationale for intervention, the role of the therapist, and the importance of considering gender and ethnicity in selecting and using assessment and treatment methods. (3) The program requires that each marriage and family therapy student successfully complete a minimum of three graduate semester credit hours, or the academic equivalent, in each of the following substantive content areas: (A) A professional study course that contributes to the development of a professional attitude and identity by examining the role of professional socialization, professional organizations, licensure and certification, the code of ethics, the legal responsibilities and liabilities of clinical practice and research, and interprofessional cooperation, as these topics relate to the profession and practice of marriage and family therapy. A generic course in ethics shall not be considered appropriate for this area of study; and (B) a research course in which students gain an understanding of research methodology, data analysis, computer research skills, and evaluation and critical examination of professional research reports. The emphasis of the course shall be placed on the quantitative and qualitative research that is relevant to marriage and family therapy. (e) To qualify for licensure with a masters or doctoral degree in a related field, both of the following requirements shall be met: (1) The college or university at which the applicant completed a masters or doctoral degree in a related field shall be regionally accredited, with accreditation standards equivalent to those in Kansas. (2) To be considered equivalent to a marriage and family therapy program, the related-field degree program shall have provided and the applicant shall have completed the requirements of subsection (d). (f) To qualify for licensure with a masters or doctoral degree in a related field with additional coursework in marriage and family therapy, both of the following requirements shall be met:
(1) The college or university at which the applicant completed a masters or doctoral degree in a related field shall be regionally accredited, with accreditation standards equivalent to those in Kansas. (2) The marriage and family therapy program through which the applicant obtained additional coursework in marriage and family therapy either shall be accredited by the commission on accreditation for marriage and family therapy education or shall meet the standards approved by the board as set out in subsection (d). (g) Each applicant for licensure as a clinical marriage and family therapist whose masters or doctoral degree is earned on or after July 1, 2003 shall meet the following education requirements: (1) A graduate degree as required by the board for licensure as a licensed marriage and family therapist in accordance with subsection (c), (e), or (f); and (2) in addition to or as a part of the academic requirements for the graduate degree, completion of 15 graduate semester credit hours, or the academic equivalent, supporting diagnosis and treatment of mental disorders using the diagnostic and statistical manual of mental disorders as specified in K.A.R. 102-5-14. Three of the 15 semester credit hours, or the academic equivalent, shall consist of a discrete academic course with the primary and explicit focus of psychopathology and the diagnosis and treatment of mental disorders as classified in the diagnostic and statistical manual of mental disorders. The remaining 12 graduate semester credit hours, or their academic equivalent, shall consist of academic courses with the primary and explicit focus of diagnostic assessment, interdisciplinary referral and collaboration, treatment approaches, and professional ethics or other coursework that specifically contains identifiable, equivalent instruction. The 15 graduate semester credit hours shall be from an educational institution and graduate degree program meeting the requirements described in subsection (c), (e), or (f). (h) The following activities shall not be substituted for or counted toward any of the education or supervised experience requirements set out in subsections (b) through (g): (1) Academic courses that the applicant completed as a part of or in conjunction with undergraduate degree requirements; (2) independent studies; (3) thesis or independent research courses; (4) academic coursework that has been audited rather than graded; (5) academic coursework for which the applicant received an incomplete or a failing grade; (6) graduate or postgraduate coursework or experiential training provided by colleges, universities, institutes, or training programs that do not qualify under subsection (c), (e), or (f); and (7) continuing education, an in-service activity, or onthe-job training. (Authorized by K.S.A. 2010 Supp. 656404 and K.S.A. 2010 Supp. 74-7507; implementing K.S.A. 2010 Supp. 65-6404; effective March 29, 1993; amended Dec. 19, 1997; amended July 7, 2003; amended Oct. 27, 2006; amended April 15, 2011.) Phyllis Gilmore Executive Director
Doc. No. 039256
Vol. 30, No. 13, March 31, 2011
New State Laws/Index

State of Kansas
Kansas Register
recipient Donald K. Ross memorial highway.
373
Secretary of State
HOUSE BILL No. 2003

AN ACT designating a part of K-18 highway as the Medal of Honor
Be it enacted by the Legislature of the State of Kansas: Section 1. From the junction of United States highway 81 and K-18 highway then west on K-18 highway to the western boundary of Lincoln county is hereby designated as the Medal of Honor recipient Donald K. Ross memorial highway. The secretary of transportation shall place signs along the highway right-of-way at proper intervals to indicate that the highway is the Medal of Honor recipient Donald K. Ross memorial highway, except that such signs shall not be placed until the secretary has received sufficient moneys from gifts and donations to reimburse the secretary for the cost of placing such signs and an additional 50% of the initial cost to defray future maintenance or replacement costs of such signs. The secretary of transportation may accept and administer gifts and donations to aid in obtaining and installing suitable signs. Sec. 2. This act shall take effect and be in force from and after its publication in the Kansas register.
V. 29, p. 258 V. 29, p. 259 V. 29, p. 259 V. 29, p. 259 V. 29, p. 259 V. 29, p. 260 V. 29, p. 260 V. 29, p. 260 V. 29, p. 261 V. 29, p. 69 V. 29, p. 69 V. 29, p. 71 V. 29, p. 71 V. 29, p. 71 V. 29, p. 72 V. 29, p. 72 V. 29, p. 72 V. 29, p. 72 V. 29, p. 72 V. 29, p. 72 V. 29, p. 72 V. 29, p. 1242 V. 29, p. 1243-1245 V. 29, p. 1246 V. 29, p. 1246 V. 29, p. 1246 V. 29, p. 1247 V. 29, p. 1247 V. 29, p. 72 V. 29, p. 73 V. 29, p. 73 V. 29, p. 706-720 V. 29, p. 720 V. 29, p. 720 V. 29, p. 721 V. 29, p. 722 V. 29, p. 722 V. 29, p. 723-725 AGENCY 7: SECRETARY OF STATE Reg. No. 7-16-1 7-16-1 Reg. No. 9-7-4 9-7-4 9-27-1 Action Amended (T) Amended Action Amended (T) Amended Amended Register V. 29, p. 1115 V. 29, p. 1281 Register V. 29, p. 703 V. 29, p. 1336 V. 29, p. 1337
AGENCY 4: DEPARTMENT OF AGRICULTURE Reg. No. 4-3-47 4-7-213 4-7-716 4-10-1 4-10-1a 4-10-1b 4-10-2a through 4-10-2d 4-10-2e 4-10-2f through 4-10-2k 4-10-4 4-10-4a through 4-10-4f Action Amended (T) Amended Amended Amended New New Revoked Amended Revoked Revoked New Register V. 30, p. 25 V. 29, p. 1023 V. 29, p. 1023 V. 29, p. 254 V. 29, p. 255 V. 29, p. 255 V. 29, p. 255 V. 29, p. 255 V. 29, p. 256 V. 29, p. 256 V. 29, p. 256-258
4-10-5a 4-10-6 4-10-6a 4-10-6b 4-10-7 4-10-10 4-10-15 4-10-16 4-10-17 4-13-2 4-13-3 4-13-9 4-13-14 4-13-16 4-13-17 4-13-18 4-13-20 4-13-21 4-13-22 4-13-23 4-13-24 4-13-25 4-13-25b through 4-13-25h 4-13-25i 4-13-25j 4-13-25k 4-13-25l 4-13-25m 4-13-30 4-13-33 4-13-62 4-27-1 through 4-27-22 4-28-1 4-28-2 4-28-8 4-28-11 4-28-12 4-28-18 through 4-28-30
Amended Revoked New New Amended New Revoked Amended Revoked Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked Amended Amended Amended Amended Revoked Amended Amended Amended New Amended Amended Amended New Amended Amended Amended Amended Amended New
AGENCY 5: DEPARTMENT OF AGRICULTUREDIVISION OF WATER RESOURCES Reg. No. 5-1-4 5-1-9 5-3-23 5-3-23 5-4-1 5-4-1a 5-7-1 5-17-2 5-22-7 5-25-5 5-25-15 Action Amended Amended Amended (T) Amended Amended New Amended Amended Amended Amended Amended Register V. 29, p. 652 V. 29, p. 653 V. 29, p. 1338 V. 29, p. 1598 V. 29, p. 1476 V. 29, p. 1477 V. 29, p. 653 V. 29, p. 654 V. 29, p. 596 V. 29, p. 1598 V. 29, p. 654
AGENCY 14: DEPARTMENT OF REVENUE DIVISION OF ALCOHOLIC BEVERAGE CONTROL 14-6-2a Revoked V. 29, p. 1306 14-6-3 Revoked V. 29, p. 1306 14-6-4 Amended V. 29, p. 1306 14-11-1 New V. 29, p. 1307 14-11-4 New V. 29, p. 1307 14-11-5 Amended V. 29, p. 1307 14-11-6 Amended V. 29, p. 1307 14-11-7 Amended V. 29, p. 1307 14-11-9 Amended V. 29, p. 1307 14-11-10a Revoked V. 29, p. 1307 14-11-10b Revoked V. 29, p. 1308 14-11-10d Revoked V. 29, p. 1308 14-11-11 Revoked V. 29, p. 1633 14-11-14 Revoked V. 29, p. 1308 14-11-15 Amended V. 29, p. 1308 14-11-16 Amended V. 29, p. 1308 14-11-22 New V. 29, p. 1633 14-11-23 through 14-11-29 New V. 29, P. 1308-1310 14-11-27 Revoked V. 29, p. 1730 14-16-25 New V. 29, p. 1310 14-19-27 Amended V. 29, p. 1310 14-19-38 New V. 29, p. 1311 14-19-39 New V. 29, p. 1311 14-20-29 Amended V. 29, p. 1311 14-20-40 New V. 29, p. 1312 14-20-41 New V. 29, p. 1312 14-21-12 Amended V. 29, p. 1313 14-21-21 New V. 29, p. 1313 14-21-22 New V. 29, p. 1313 14-23-2 Amended V. 29, p. 1314 14-23-5 Amended V. 29, p. 1314 14-23-8 Amended V. 29, p. 1314 14-23-10 Amended V. 29, p. 1315 14-24-1 through 14-24-6 Revoked V. 29, p. 1315 AGENCY 16: KANSAS ATTORNEY GENERAL Reg. No. 16-11-1 through 16-11-5 16-11-6 Action Register
Amended Revoked
V. 29, p. 1813-1815 V. 29, p. 1816
(continued)
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16-11-7 16-11-8 Amended Amended V. 29, p. 1816 V. 29, p. 1816
Kansas Register
28-21-25a 28-21-26a 28-21-27a 28-21-28a 28-21-29a 28-21-30a 28-21-31a 28-21-32a 28-21-33a 28-21-34a 28-21-35a 28-21-40a 28-21-41a 28-21-42a 28-21-43a 28-21-44a 28-21-50a 28-21-51a 28-21-52a 28-21-53a 28-21-54a 28-21-55a 28-21-56a 28-21-57a 28-21-58a 28-21-59a 28-21-60a 28-21-61a 28-21-62a 28-21-63 28-21-64 28-21-70a 28-21-71a 28-21-72a 28-21-82 through 28-21-85 28-23-4 28-23-9 28-23-10 28-23-20 through 28-23-24 28-23-26 through 28-23-32 28-23-34 through 28-23-36 28-23-41 through 28-23-55 28-23-70 28-23-71 28-23-73 28-23-75 28-23-78 through 28-23-80 28-35-135l 28-35-135t 28-35-135w 28-35-175a 28-35-178b 28-35-178e 28-35-178j 28-35-180b 28-35-181a 28-35-181e 28-35-181j 28-35-181m 28-35-181o 28-35-192b 28-35-192c 28-35-192d 28-35-192e 28-35-192g 28-35-194a 28-35-212a 28-35-216a 28-35-225b 28-35-231c 28-35-242 28-35-264 28-35-334 Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked Amended Amended Amended Amended Amended Revoked Amended Amended Amended Amended Amended New Amended Amended Amended Amended V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 28-35-346 28-35-411 28-36-30 28-36-31 28-36-70 through 28-36-89 28-36-101 through 28-36-109 28-39-162 28-39-162a 28-39-162b 28-39-162c 28-43-1 through 28-43-11 28-46-1 28-46-2a 28-46-3 through 28-46-22 28-46-27 28-46-28 28-46-29 28-46-29a 28-46-30 28-46-30a 28-46-30b 28-46-31 28-46-33 28-46-34 28-46-35 28-46-40 28-46-41 28-46-44 28-46-45 28-61-1 28-61-2 28-61-3 28-61-4 28-61-5 28-61-8 28-72-1 28-72-1a 28-72-1c 28-72-1d 28-72-1e 28-72-1g 28-72-1h 28-72-1i 28-72-1k 28-72-1l 28-72-1m 28-72-1n 28-72-1o 28-72-1p 28-72-1r 28-72-1s 28-72-1t 28-72-1v 28-72-1x 28-72-2 28-72-3 28-72-4 28-72-4a 28-72-4b 28-72-4c 28-72-5 28-72-6 28-72-6a 28-72-7 28-72-7a 28-72-8 28-72-9 28-72-10 28-72-10a 28-72-11 28-72-12 28-72-13 28-72-14 28-72-15 28-72-16 28-72-17 28-72-18
Amended Amended Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Amended Amended Amended Amended Amended Amended New Amended New New Amended Amended Amended Amended Amended Amended Amended New Amended Amended Amended Amended Amended Amended Revoked New New New New New New New New New New New New New New New New New New Amended Amended Amended Amended Revoked Amended Amended Amended New Amended New Amended Amended Amended New Amended Amended Amended Amended Amended Amended Amended Amended V. 30, p. 212 V. 30, p. 212 V. 29, p. 727 V. 29, p. 727 V. 29, p. 727 V. 29, p. 727 V. 29, p. 1777 V. 29, p. 1777 V. 29, p. 1777 V. 29, p. 1777 V. 29, p. 1137 V. 29, p. 1138 V. 29, p. 1138 V. 29, p. 1139-1141 V. 29, p. 1141 V. 29, p. 1141 V. 29, p. 1141 V. 29, p. 1142 V. 29, p. 1142 V. 29, p. 1142 V. 29, p. 1144 V. 29, p. 1144 V. 29, p. 1144 V. 29, p. 1145 V. 29, p. 1145 V. 29, p. 1145 V. 29, p. 1145 V. 29, p. 1145 V. 29, p. 1145 V. 29, p. 419 V. 30, p. 336 V. 30, p. 337 V. 30, p. 337 V. 29, p. 420 V. 29, p. 422 V. 29, p. 357 V. 29, p. 357 V. 29, p. 357 V. 29, p. 358 V. 29, p. 358 V. 29, p. 358 V. 29, p. 358 V. 29, p. 359 V. 29, p. 359 V. 29, p. 359 V. 29, p. 360 V. 29, p. 360 V. 29, p. 360 V. 29, p. 360 V. 29, p. 361 V. 29, p. 361 V. 29, p. 361 V. 29, p. 361 V. 29, p. 361 V. 29, p. 361 V. 29, p. 362 V. 29, p. 362 V. 29, p. 366 V. 29, p. 368 V. 29, p. 368 V. 29, p. 369 V. 29, p. 370 V. 29, p. 371 V. 29, p. 373 V. 29, p. 373 V. 29, p. 374 V. 29, p. 375 V. 29, p. 376 V. 29, p. 377 V. 29, p. 378 V. 29, p. 378 V. 29, p. 379 V. 29, p. 379 V. 29, p. 380 V. 29, p. 380 V. 29, p. 381 V. 29, p. 382
AGENCY 28: DEPARTMENT OF HEALTH AND ENVIRONMENT Reg. No. 28-1-27 28-4-92 28-4-92 28-4-370 through 28-4-379 28-4-503 28-4-505 28-4-514 28-4-520 28-4-521 28-4-1300 through 28-4-1318 28-16-28g 28-19-200a 28-19-202 28-19-325 28-19-350 28-19-517 28-19-645a 28-19-712 28-19-712a through 28-19-712d 28-19-713 28-19-713a through 28-19-713d 28-19-720 28-19-728 28-19-728a through 28-19-728f 28-19-735 28-19-750 28-19-750a 28-21-1 28-21-6 28-21-7 28-21-8 28-21-9 28-21-10 28-21-11 28-21-20a 28-21-21a 28-21-22a 28-21-23a 28-21-24a Action New Amended (T) Amended Revoked Amended Amended Amended New New New Amended New Amended New Amended Amended New (T) New New New New Amended Revoked Revoked Amended Amended Amended Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Register V. 30, p. 111 V. 29, p. 1348 V. 29, p. 1705 V. 29, p. 1024 V. 29, p. 1662 V. 29, p. 1662 V. 29, p. 1663 V. 29, p. 1663 V. 29, p. 1663 V. 29, p. 1024-1032 V. 29, p. 181 V. 29, p. 1634 V. 29, p. 1509 V. 29, p. 1634 V. 29, p. 1635 V. 29, p. 1510 V. 30, p. 232 V. 29, p. 866 V. 29, p. 867 V. 29, p. 867 V. 29, p. 867, 868 V. 29, p. 1510 V. 29, p. 1511 V. 29, p. 1511 V. 29, p. 1511 V. 29, p. 1511 V. 29, p. 1511 V. 29, p. 725 V. 29, p. 725 V. 29, p. 725 V. 29, p. 725 V. 29, p. 725 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726
V. 29, p. 727 V. 30, p. 195 V. 30, p. 196 V. 30, p. 197 V. 30, p. 198 V. 30, p. 198 V. 30, p. 200 V. 30, p. 201 V. 30, p. 201 V. 30, p. 203 V. 30, p. 203 V. 30, p. 203 V. 30, p. 204 V. 30, p. 205 V. 30, p. 206 V. 30, p. 206 V. 30, p. 207 V. 30, p. 207 V. 30, p. 207 V. 30, p. 207 V. 30, p. 208 V. 30, p. 209 V. 30, p. 210 V. 30, p. 210 V. 30, p. 210 V. 30, P. 210 V. 30, p. 211
Vol. 30, No. 13, March 31, 2011
28-72-18a 28-72-18b 28-72-18c 28-72-18d 28-72-18e 28-72-19 28-72-20 28-72-21 28-72-22 28-72-51 28-72-52 28-72-53 Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended V. V. V. V. V. V. V. V. V. V. V. V. 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, p. p. p. p. p. p. p. p. p. p. p. p. 383 384 384 385 386 387 387 387 388 388 389 389
Kansas Register
AGENCY 66: BOARD OF TECHNICAL PROFESSIONS Reg. No. 66-8-6 66-10-1 66-12-1 66-14-10 Reg. No. 68-1-1b 68-7-11 68-7-21 68-20-10a 68-21-1 through 68-21-7 Reg. No. 71-5-1 through 71-5-6 71-5-7 through 71-5-13 Reg. No. 74-4-8 74-4-9 74-5-2 74-5-101 74-5-202 74-5-203 74-6-2 74-11-6 74-11-7 74-12-1 74-15-2 Action Amended Amended Amended Amended Action Amended Amended New Amended New Action Register V. V. V. V. 29, 29, 29, 29, p. p. p. p. 794 794 794 794 82-4-53 82-4-54 82-4-55 82-4-56a 82-4-57 82-4-58 82-4-62 82-4-63 82-4-65 82-4-77 82-16-1 through 82-16-6 82-17-1 through 82-17-5 Reg. No. 88-24-1 88-28-1 88-28-6 88-30-1 Amended Amended Amended Amended Amended Amended Revoked Amended Amended Amended New New Action Amended Amended Amended Amended
375
V. 29, p. 1451 V. 29, p. 1452 V. 29, p. 1452 V. 29, p. 1452 V. 29, p. 1453 V. 29, p. 1453 V. 29, p. 1453 V. 29, p. 1453 V. 29, p. 1453 V. 29, p. 1454 V. 29, p. 1598-1601 V. 29, p. 1136, 1137 Register V. 29, p. 1415 V. 30, p. 193 V. 29, p. 408 V. 30, p. 194
AGENCY 68: BOARD OF PHARMACY Register V. 29, p. 465 V. 29, p. 1053 V. 29, p. 465 V. 29, p. 466 V. 29, p. 1417-1420 Register
AGENCY 91: DEPARTMENT OF EDUCATION Reg. No. 91-40-1 91-40-27 Reg. No. 92-19-3 92-19-3a 92-19-3b 92-19-3c 92-19-10 92-19-16a 92-19-16b 92-19-40 92-19-42 92-19-49b 92-19-55b 92-19-59 92-19-73 92-24-23 92-51-25a Reg. No. 94-2-1 through 94-2-21 94-5-1 through 94-5-25 Action Amended Amended Action Revoked New New New Revoked Amended Revoked Revoked Revoked Amended New Amended Amended Amended New Action Register V. 29, p. 1093 V. 29, p. 1098 Register V. 30, p. 280 V. 30, p. 280 V. 30, p. 283 V. 30, p. 285 V. 30, p. 285 V. 30, p. 285 V. 30, p. 286 V. 30, p. 286 V. 30, p. 286 V. 30, p. 286 V. 30, p. 287 V. 30, p. 289 V. 30, p. 289 V. 29, p. 1633 V. 29, p. 1281 Register
AGENCY 82: STATE CORPORATION COMMISSION Reg. No. 82-1-219 82-3-101a 82-3-311a 82-3-1100 through 82-3-1120 82-4-2 82-4-3a 82-4-3d 82-4-3f 82-4-3n 82-4-3o 82-4-6a 82-4-8h 82-4-21 82-4-22 82-4-23 82-4-24a 82-4-26 82-4-26a 82-4-27 82-4-27a 82-4-27c 82-4-27e 82-4-28 82-4-28a 82-4-28b 82-4-30a 82-4-30a 82-4-31 82-4-32 82-4-33 82-4-35 82-4-35a 82-4-37 82-4-40 82-4-42 82-4-48 82-4-48a Action Amended New New New Amended Amended Amended Amended New New Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked Revoked Revoked Amended (T) Amended Revoked Amended Amended Amended Amended Revoked Amended Amended Amended Amended Register V. 29, p. 1099 V. 29, p. 1508 V. 29, p. 181 V. 29, p. 182-190 V. 29, p. 1443 V. 29, p. 1443 V. 29, p. 1444 V. 29, p. 1390 V. 29, p. 1444 V. 29, p. 1445 V. 29, p. 1446 V. 29, p. 1446 V. 29, p. 1446 V. 29, p. 1446 V. 29, p. 1447 V. 29, p. 1447 V. 29, p. 1447 V. 29, p. 1447 V. 29, p. 1447 V. 29, p. 1448 V. 29, p. 1448 V. 29, p. 1449 V. 29, p. 1449 V. 29, p. 1449 V. 29, p. 1449 V. 29, p. 702 V. 29, p. 1392 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1451 V. 29, p. 1451
Revoked New
V. 29, p. 1478, 1479 V. 29, p. 1479-1485
New
V. 29, p. 675, 676
New
V. 29, p. 252-254
AGENCY 51: DEPARTMENT OF LABOR DIVISION OF WORKERS COMPENSATION Reg. No. 51-9-7 Reg. No. 60-16-105 Action Amended Action Revoked Register V. 29, p. 1508 Register V. 29, p. 1115
(continued)
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AGENCY 102: BEHAVIORAL SCIENCES REGULATORY BOARD Reg. No. 102-2-3 Action Amended Register V. 29, p. 340
Kansas Register
2006 through 2007 can be found in the Vol. 26, No. 52, December 27, 2007 Kansas Register. A list of regulations filed from 2008 through November 2009 can be found in the Vol. 28, No. 53, December 31, 2009 Kansas Register. The following regulations were filed after December 1, 2009: Reg. No. 111-2-30 111-2-230 111-2-231 111-2-232 111-2-233 111-2-234 111-2-235 through 111-2-240 111-2-241 111-2-242 111-2-243 through 111-2-248 111-2-247 111-2-248 111-2-249 through 111-2-252 111-2-253 111-2-254 111-2-255 111-4-2899 through 111-4-2907 111-4-2908 through 111-4-2911 111-4-2911a 111-4-2912 through 111-4-2923 111-4-2924 through 111-4-2930 111-4-2931 through 111-4-2938 111-4-2939 through 111-4-2948 111-4-2949 through 111-4-2984 111-4-2949 through 111-4-2984 111-4-2985 through 111-4-2988 111-4-2989 111-4-2990 111-4-2991 111-4-2992 through 111-4-3011 111-4-3012 through 111-4-3022 111-4-3023 through 111-4-3027 111-4-3028 through 111-4-3031 111-4-3032 through 111-4-3045 111-5-175 through 111-5-179 111-5-180 through 111-5-194 111-5-181 111-5-184 111-5-186 Action Amended Amended Amended Amended Amended New New New New New Amended Amended New New New New New New New New New New New New New New New New New New New New New New New New Amended Amended Amended Register V. V. V. V. V. V. 29, 30, 30, 29, 29, 29, p. p. p. p. p. p. 215 232 233 215 215 746 111-5-194 111-7-243 through 111-7-248 111-9-162 111-9-163 111-9-164 111-9-165 111-9-166 111-9-167 111-9-168 111-9-169 111-9-170 111-15-1 111-15-3 111-201-1 through 111-201-17 111-301-1 through 111-301-6 111-301-7 through 111-301-12 111-302-1 through 111-302-6 111-302-4 111-303-1 through 111-303-5 111-304-1 through 111-304-6 111-305-1 through 111-305-6 111-306-1 through 111-306-6 111-306-4 111-306-6 111-307-1 through 111-307-7 111-308-1 through 111-308-7 111-309-1 through 111-309-6 111-310-1 through 111-310-6 111-311-1 through 111-311-7 111-312-1 through 111-312-8
Amended New New New New New New New New New New Amended Amended New New New New Amended New New New New Amended Amended New New New New New New V. 29, p. 1525 V. 30, p. 259, 260 V. 29, p. 229 V. 29, p. 229 V. 29, p. 230 V. 29, p. 769 V. 29, p. 1184 V. 29, p. 1526 V. 29, p. 1526 V. 29, p. 1527 V. 30, p. 261 V. 30, p. 238 V. 30, p. 238 V. 29, p. 73-79 V. 29, p. 79, 80 V. 30, p. 244-248 V. 29, p. 82-86 V. 30, p. 249 V. 29, p. 87-89 V. 29, p. 89-91 V. 29, p. 474, 475 V. 29, p. 1185-1187 V. 29, p.1260 V. 29, p. 1219 V. 29, p. 1189-1191 V. 29, p. 1261-1263 V. 29, p. 1528-1530 V. 29, p. 1530-1532 V. 29, p. 1532-1535 V. 30, p. 239, 240
V. 29, p. 1214, 1215 V. 29, p. 1247 V. 29, p. 1247 V. 29, p. 1512, 1513 V. 30, p. 233 V. 30, p. 233 V. 30, p. 233, 234 V. 30, p. 241 V. 30, p. 241 V. 30, p. 249 V. 29, p. 9-14 V. 29, p. 149-152 V. 29, p. 152 V. 29, p. 153-157 V. 29, p. 216-222 V. 29, p. 467-473 V. 29, p. 569-575 V. 29, p. 746-769 V. 29, p. 746-769 V. 29, p. 1180-1183 V. 29, p. 1216 V. 29, p. 1217 V. 29, p. 1218 V. 29, p. 1248-1259 V. 29, p. 1513-1522 V. 30, p. 234-237 V. 30, p. 241-243 V. 30, p. 249-258 V. 29, p. 157-159 V. 29, p. 222-228 V. 29, p. 1522 V. 29, p. 1523 V. 29, p. 1524
AGENCY 112: RACING AND GAMING COMMISSION Reg. No. 112-101-6 112-102-8 112-103-2 112-103-4 112-103-5 112-103-8 112-103-15 112-104-1 112-104-8 112-104-13 112-104-14 112-104-15 112-104-16 112-104-32 112-105-1 112-105-2 112-105-3 112-106-1 112-106-2 112-106-5 Action Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Register V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. 30, 30, 30, 30, 30, 30, 30, 30, 30, 30, 30, 30, 30, 30, 30, 30, 30, 30, 30, 30, p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. 290 290 291 292 292 292 292 293 294 295 297 297 298 300 301 301 301 301 303 303
Amended
V. 30, p. 25-27
AGENCY 111: KANSAS LOTTERY A complete index listing all regulations filed by the Kansas Lottery from 1988 through 2000 can be found in the Vol. 19, No. 52, December 28, 2000 Kansas Register. A list of regulations filed from 2001 through 2003 can be found in the Vol. 22, No. 52, December 25, 2003 Kansas Register. A list of regulations filed from 2004 through 2005 can be found in the Vol. 24, No. 52, December 29, 2005 Kansas Register. A list of regulations filed from
Vol. 30, No. 13, March 31, 2011
112-106-6 112-107-3 112-107-5 112-107-10 112-107-21 112-107-22 112-108-18 112-108-36 112-108-55 112-110-3 112-112-1 112-112-3 112-112-4 112-112-7 112-112-9 Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. 30, 30, 30, 30, 30, 30, 30, 30, 30, 30, 30, 30, 30, 30, 30, p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. 304 304 307 308 309 310 311 312 313 313 314 314 314 315 315
Kansas Register
115-7-8 115-7-9 115-8-1 115-16-5 115-18-7 115-18-20 115-20-7 Revoked Amended Amended Amended Amended Amended New V. 29, p. 1607 V. 29, p. 1607 V. 29, p. 1092 V. 30, p. 334 V. 29, p. 659 V. 29, p. 1608 V. 29, p. 659 AGENCY 129: KANSAS HEALTH POLICY AUTHORITY Reg. No. 129-5-118 129-5-118a 129-5-118b 129-10-31 Action Amended New Amended New
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Register V. 29, p. 293 V. 29, p. 294 V. 29, p. 296 V. 30, p. 92
AGENCY 115: DEPARTMENT OF WILDLIFE AND PARKS Reg. No. 115-2-1 115-2-2 115-2-3 115-2-3a 115-4-2 115-4-4 115-4-4a 115-4-6 115-4-6b 115-4-11 115-7-1 Action Amended Amended Amended Amended Amended Amended Amended Amended New Amended Amended Register V. 29, p. 1602 V. 30, p. 331 V. 30, p. 331 V. 29, p. 1603 V. 29, p. 408 V. 29, p. 658 V. 29, p. 659 V. 29, p. 409 V. 30, p. 332 V. 30, p. 332 V. 29, p. 1606
AGENCY 117: REAL ESTATE APPRAISAL BOARD Reg. No. Action Register 117-2-1 Amended V. 29, p. 412 117-2-2 Amended V. 29, p. 413 117-3-1 Amended V. 29, p. 414 117-3-2 Amended V. 29, p. 415 117-4-1 Amended V. 29, p. 416 117-4-2 Amended V. 29, p. 417 117-6-1 Amended V. 29, p. 656 117-6-3 Amended V. 29, p. 656 117-7-1 Amended V. 30, p. 92 117-8-1 Amended V. 29, p. 418 AGENCY 121: DEPARTMENT OF CREDIT UNIONS Reg. No. Action Register 121-10-1 Amended V. 29, p. 675 AGENCY 123: JUVENILE JUSTICE AUTHORITY Reg. No. Action Register 123-2-111 New (T) V. 29, p. 1115 123-2-111 New V. 29, p. 1415
Vol. 30, No. 13, March 31, 2011
Kansas Register
Vol. 30, No. 14 April 7, 2011 Pages 379-392
In this issue . . .
Page
Kansas Board of Regents Universities Notice to bidders ........................................................................................................................ 380 Kansas Commission on Veterans Affairs Notice of meeting ....................................................................................................................... 381 Pooled Money Investment Board Notice of investment rates........................................................................................................... 381 Kansas Judicial Council Notice of meetings...................................................................................................................... 381 Kansas Public Employees Retirement System Request for proposals for domestic equity investment management services ................................. 381 Department of AdministrationDivision of Purchases Notice to bidders for state purchases ........................................................................................... 381 City of Herington Notice of proposed DBE Program................................................................................................ 382 Secretary of State Executive appointments .............................................................................................................. 382 Code mortgage rate for April ...................................................................................................... 383 Usury rate for April.................................................................................................................... 383 Legislative bills and resolutions introduced March 24-30 ............................................................... 383 Department of Health and Environment Notice concerning water pollution control permits/applications .................................................... 384 Requests for comments on proposed air quality permits............................................................... 385 Office of the Securities Commissioner Notice of hearing on proposed administrative regulations ............................................................ 386 New State Laws Senate Bill 212, concerning taxation; relating to abatement of tax liability; annual report............... 387 Index to administrative regulations ................................................................................................ 387
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State of Kansas
Kansas Register
Notice
Doc. No. 038494
Vol. 30, No. 14, April 7, 2011
Meetings/Notices
State of Kansas
Kansas Register
State of Kansas
381

Notice of Meeting The Kansas Commission on Veterans Affairs will meet at 10 a.m. Wednesday, April 20, at the Kansas Soldiers Home, 714 Sheridan, Unit 128, Fort Dodge. The public is invited to attend. For more information, call (785) 2963976. Jack Fowler Executive Director
Doc. No. 039283
Public Employees Retirement System

Request for Proposals The Kansas Public Employees Retirement System is soliciting proposals for domestic equity investment management services (Energy Master Limited Partnerships). A copy of the RFP may be downloaded from the KPERS Web site at www.kpers.org. All proposals must meet the minimum qualifications as set forth within the RFP. Respondents should deliver three written copies of their proposal to the KPERS offices by 5 p.m. April 15. Questions about the RFP may be directed in writing to Donald Lennard, Investment Officer, KPERS, 611 S. Kansas Ave., Topeka, 66603, or via e-mail to rfp usmlp kpers@ kpers.org. Glenn Deck Executive Director
Doc. No. 039279
State of Kansas

Doc. No. 039272
State of Kansas

04/18/2011 04/20/2011 04/20/2011 04/20/2011 04/21/2011 04/22/2011 04/25/2011 04/27/2011 05/04/2011 EVT0000529 Furnish/Install Dryers, Commercial EVT0000542 Articulated 4x4 Wheel Loader Evt0000543 Snow Blower, Loader Mounted Evt0000535 Trucks With Specialty Bodies EVT0000477 Clothing, Embroidered Golf Shirts EVT0000418 LSI-R Training EVT0000522 Crane Inspection for KDOT EVT0000544 Carbon Monoxide Smoke Detectors EVT0000441 Rate Setting NH and MF
State of Kansas

Date April 8 Committee Commission on Judicial Performance April 15 Lien Law Sub-Committee April 15 Pattern Instructions for Kansas-Criminal April 15 Probate Law May 13 Commission on Judicial Performance May 20 Lien Law Sub-Committee May 20 Pattern Instructions for Kansas-Criminal May 26 Supreme Court Rules Time Location 9:30 a.m. Room 269 9:30 a.m. Suite 140-East 9:30 a.m. COA Courtroom 9:30 a.m. Suite 140-West 9:30 a.m. Room 269 9:30 a.m. Suite 140-West 9:30 a.m. Room 269 9:30 a.m. Fatzer Courtroom
04/26/2011 04/28/2011 A-011663 A-011609 Reroofing West Low-slope Hale Library, Kansas State University, Manhattan Masonry Restoration McMindes Hall, Fort Hays State University, Hays

Doc. No. 039273 Doc. No. 039285
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(Published in the Kansas Register April 7, 2011.)
Kansas Register
City of Herington, Kansas
Notice/Executive Appointments
Central Interstate Low-Level Radioactive Waste Commission
Notice of Proposed DBE Program The city of Herington, Kansas, has established a Disadvantaged Business Enterprise (DBE) Program in accordance with regulations of the U.S. Department of Transportation. 49 CFR Part 26, for FAA funding at the Herington Regional Airport. The city anticipates receiving federal financial assistance from the Department of Transportation and, as a condition of receiving this assistance, the city will sign an assurance that it will comply with 49 CFR Part 26. The citys overall project-specific goal for FY 2011 is 1.66 percent of the federal financial assistance. The proposed DBE Program is available for public inspection and comment at City Hall, 17 N. Broadway, Herington, 67449. The city will accept comments on the goals for 30 days from the date of this notice. Comments can be sent to Debra Wendt, City Clerk. Debra Wendt City Clerk
Doc. No. 039286
Shari Feist-Albrecht, 3121 S.W. Tutbury Town Road, Topeka, 66614. Serves at the pleasure of the Governor. Reappointed. Secretary of Corrections Raymond Roberts, Department of Corrections, 4th Floor, Landon State Office Building, 900 S.W. Jackson, Topeka, 66612. Succeeds Roger Werholtz. Kansas Development Finance Authority Patrice Petersen-Klein, 4808 S.W. West Hills Drive, Topeka, 66606. Term expires June 30, 2013. Succeeds Tim Schaller. Governors Agriculture Advisory Board Tracy L. Brunner, 1724 200 Ave., Ramona, 67475. Term expires Jan. 8, 2015. Succeeds Gary Beachner. Thad G. Geiger, 1669 175th Road, Troy, 66087. Term expires Jan. 8, 2015. Succeeds Daniel L. Guetterman. Stephen J. Irsik Jr., 5405 Six Road, Ingalls, 67853. Term expires Jan. 8, 2015. Succeeds Louise E. Ehmke. Jerry C. McReynolds, 1757 31 Road, Woodston, 67675. Term expires Jan. 8, 2015. Succeeds Glenn Caldwell Jr. Michael L. Springer, P.O. Box 10, Sycamore, 67363. Term expires Jan. 8, 2015. Succeeds Patrick Maloney. Superintendent, Kansas Highway Patrol Col. Ernie Garcia, 122 S.W. 7th, Topeka, 66603. Succeeds Terry Maple, resigned. Executive Director, Kansas Historical Society Jennie Chinn, 6425 S.W. 6th Ave., Topeka, 66615. Serves at the pleasure of the Governor. Reappointed. Kansas Council for Interstate Adult Offender Supervision Norbert Marek, 403 Redbud, Westmoreland, 66549. Succeeds Ellen Mitchell. Caleb Stegall, 2564 Burnett Lane, Lawrence, 66044. Succeeds Patrick Hurley. Kansas Lottery Commission Mike King, P.O. Box 543, Hesston, 67062. Succeeds Jeanine McKenna. State Board of Nursing Rebecca Nioce, 825 S.W. Oakley Ave., Topeka, 66606. Term expires June 30, 2014. Succeeds Dinell Stuckey. STARBASE Board Diane DeBacker, Commissioner of Education, Kansas Department of Education, 120 S.E. 10th Ave., Topeka, 66612. Serves at the pleasure of the Governor. Kansas Volunteer Commission Sammy Peck, 3736 S.E. Stubbs Rd., Tecumseh, 66542. Term expires March 25, 2014. Succeeds Jeff LaCroix. Director, Kansas Water Office Tracy Streeter, 901 S. Kansas Ave., Topeka, 66612. Reappointed.
State of Kansas
Secretary of State
Bourbon County Register of Deeds Lora Holdridge, 1733 125th, Redfield, 66769. Succeeds Sharon Elder, resigned. Rawlins County Clerk Wayne Lanning, 607 Main St., Atwood, 67730. Suceeds Krystal Hutfles, resigned. Thomas County Attorney Kevin Berens, 402 E. Whittier, St. Francis, 67756. Succeeds Bruce Flipse, resigned. Kansas African American Affairs Commission Jaime Clark, 4812 N. 130th St., Kansas City, KS 66109. Term expires June 30, 2014. Succeeds Curtis Whitten. State Bank Commissioner Edwin Splichal, Suite 300, Jayhawk Tower, 700 S.W. Jackson, Topeka, 66603. Serves at the pleasure of the Governor. Succeeds Judi Stork. State Banking Board Larry Williams, 326 Spruce, Halstead, 67056. Term expires March 15, 2013. Reappointed. Behavioral Sciences Regulatory Board Cheryl Ann Reynolds, 2120 N.E. 31st St., Topeka, 66617. Term expires June 30, 2014. Succeeds Armory K. Lovin, resigned.

Doc. No. 039277
Vol. 30, No. 14, April 7, 2011
Rates/Legislative Bills
State of Kansas
Kansas Register
383
Secretary of State
Code Mortgage Rate for April Pursuant to the provisions of K.S.A. 16a-1-301, Section 11, the code mortgage rate during the period of April 1, 2011 through April 30, 2011, is 12 percent. Kris W. Kobach Secretary of State
Doc. No. 039274
and repealing the existing section; also repealing K.S.A. 2010 Supp. 79227, by Committee on Taxation.

HCR 5026, By Representatives Ruiz, Goico, Gonzalez and Mesa, A CONCURRENT RESOLUTION outlining the principles of the State of Kansas regarding immigration reform policy.
House Resolutions
HR 6019, By Representatives Knox, Alford, Arpke, Aurand, Ballard, Bethell, Billinger, Bollier, Boman, Bowers, Brookens, Brown, Bruchman, Brunk, Burgess, Burroughs, Calloway, Carlin, Carlson, Cassidy, Collins, Colloton, Crum, Davis, DeGraaf, Denning, Dillmore, Donohoe, Fawcett, Feuerborn, Finney, Flaharty, Frownfelter, Fund, Garber, D. Gatewood, S. Gatewood, Goico, Gonzalez, Goodman, Gordon, Grange, Grant, Gregory, Grosserode, Hayzlett, Hedke, Henderson, Henry, Hermanson, Hildabrand, Hill, Hineman, Hoffman, C. Holmes, M. Holmes, Howell, Huebert, Johnson, Kelley, Kelly, Kerschen, Kiegerl, Kinzer, Kleeb, Kuether, Landwehr, Lane, Loganbill, Mah, Mast, McCray-Miller, McLeland, Meier, Meigs, Mesa, Montgomery, Mosier, Moxley, OBrien, OHara, ONeal, Osterman, Otto, Patton, Pauls, Peck, Peterson, Phelps, Pottorff, Powell, Prescott, Proehl, Rhoades, Roth, Rubin, Ruiz, Ryckman, Scapa, Schroeder, Schwab, Schwartz, Seiwert, Shultz, Siegfreid, Slattery, Sloan, Smith, Spalding, Suellentrop, Swanson, Tietze, Trimmer, Tyson, Vickrey, Victors, Ward, Weber, Wetta, Williams, Winn, K. Wolf, B. Wolf, Wolfe Moore and Worley, A RESOLUTION in memory of Howard L. Sell. HR 6020, By Representatives Kuether, Alford, Hineman, C. Holmes, Knox and Swanson, A RESOLUTION urging modifications to the National Broadband Plan for the benefit of rural residents of Kansas.
State of Kansas
Secretary of State
Usury Rate for April Pursuant to the provisions of K.S.A. 16-207, the maximum effective rate of interest per annum for notes secured by all real estate mortgages and contracts for deed for real estate (except where the note or contract for deed permits adjustment of the interest rate, the term of the loan or the amortization schedule) executed during the period of April 1, 2011 through April 30, 2011, is 6.16 percent. Kris W. Kobach Secretary of State
Doc. No. 039275
Senate Bills
SB 245, AN ACT concerning state expenditures; relating to allotments; amending K.S.A. 75-3722 and K.S.A. 2010 Supp. 72-6410, 75-2263, 79-2959, 79-2964, 79-3425i and 82a-953a and repealing the existing sections; also repealing K.S.A. 75-6704, by Committee on Federal and State Affairs. SB 246, AN ACT concerning the regulation of sexually oriented businesses; relating to the location thereof, by Committee on Federal and State Affairs.
State of Kansas
Legislature
HB 2398, AN ACT concerning wildlife; relating to feral swine; amending K.S.A. 2010 Supp. 47-1809 and repealing the existing section, by Committee on Appropriations. HB 2399, AN ACT concerning Cherokee county; relating to purchases of property and relocation expenses by a state public trust; amending K.S.A. 2010 Supp. 49-514 and repealing the existing section, by Committee on Appropriations. HB 2400, AN ACT concerning school districts; relating to at-risk pupils; amending K.S.A. 2010 Supp. 72-6407 and repealing the existing section; also repealing K.S.A. 2010 Supp. 72-6454, by Committee on Appropriations. HB 2401, AN ACT concerning taxation; relating to income tax credits; requirements related thereto for joint estimates of revenue to state general fund; amending K.S.A. 2010 Supp. 75-6701 and repealing the existing section, by Committee on Taxation. HB 2402, AN ACT concerning the bioscience development and investment funds; relating to the centers of excellence and centers for innovation; creating funds; amending K.S.A. 2010 Supp. 74-99b34 and repealing the existing section, by Committee on Appropriations. HB 2403, AN ACT concerning property taxation; relating to exemptions and classification; bed and breakfast homes; amending K.S.A. 2010 Supp. 79-201c and 79-1439 and repealing the existing sections, by Committee on Taxation. HB 2404, AN ACT concerning property taxation; relating to exemptions; certain pipeline property; amending K.S.A. 2010 Supp. 79-32,223

SCR 1607, By Committee on Federal and State Affairs, A CONCURRENT RESOLUTION outlining the principles of the State of Kansas regarding immigration reform policies.
Senate Resolutions
SR 1835, By Senator Emler, A RESOLUTION congratulating the McPherson High School boys basketball team for winning the 2011 Class 5A State Basketball Championship. SR 1836, By Senators Longbine, Brungardt, Pyle, Taddiken, Teichman and Vratil , A RESOLUTION congratulating and commending the 2011 Kansas Master Teachers. SR 1837, By Senator Ostmeyer , A RESOLUTION congratulating the Tribune-Greeley County High School boys basketball team for winning the 2011 Class 1A Division II State Basketball Championship. SR 1838, By Senator Ostmeyer, A RESOLUTION congratulating the Norton Community High School girls cross country team for winning the 2010 Class 3A State Cross Country Championship. SR 1839, By Senator Ostmeyer, A RESOLUTION congratulating the Tribune-Greeley County High School girls and boys cross country teams for winning the 2010 Class 1A State Cross Country Championships. SR 1840, By Senator Ostmeyer , A RESOLUTION congratulating the Norton Community High School wrestling team for winning the 2011 Class 3-2-1A State Wrestling Championship. SR 1841, By Senator Ostmeyer , A RESOLUTION congratulating the Ness City High School girls and boys cross country teams for winning the 2010 Class 2A State Cross Country Championships. SR 1842, By Senator Reitz, A RESOLUTION encouraging participation in the American Public Health Associations and the Kansas Public Health Associations National Public Health Week, which is April 4-10, 2011.
Doc. No. 039276
Vol. 30, No. 14, April 7, 2011
384
State of Kansas
Kansas Register
Notice Concerning Kansas/Federal Water Pollution Control Permits and Applications Public Notice No. KS-PT-11-001
Notice
In accordance with Kansas Administrative Regulations 28-16-57 through 63, 28-18-1 through 15, 28-18a-1 through 32, 28-16-150 through 154, 28-46-7, and the authority vested with the state by the administrator of the U.S. Environmental Protection Agency, various draft water pollution control documents (permits, notices to revoke and reissue, notices to terminate) have been prepared and/or permit applications have been received for discharges to waters of the United States and the state of Kansas for the class of discharges described below. The proposed actions concerning the draft documents are based on staff review, applying the appropriate standards, regulations and effluent limitations of the state of Kansas and the Environmental Protection Agency. The final action will result in a Federal National Pollutant Discharge Elimination System Authorization and/or a Kansas Water Pollution Control permit being issued, subject to certain conditions, revocation and reissuance of the designated permit or termination of the designated permit. Public Notice No. KS-AG-11-058 Pending Permits for Confined Feeding Facilities
Name and Address Legal Receiving of Applicant Description Water Allan R. Williams NW/4 of Section 35, Big Blue River 2415 29th Terrace T04S, R10E, Basin Vermillion, KS 66544 Marshall County Kansas Permit No. A-BBMS-S041 This permit is being reissued for an existing facility with a maximum capacity of 75 head (30 animal units) of swine more than 55 pounds and 500 head (50 animal units) of swine 55 pounds or less, for a total of 80 animal units. There is no change in the permitted animal units from the previous permit.
Name and Address Receiving Type of of Applicant Facility Discharge Full Vision, Inc. Newton MWWTP Process 3017 Full Vision Drive Wastewater Newton, KS 67114 Kansas Permit No. P-LA13-OO02 Federal Tracking No. KSP000104 Facility Description: The proposed action is to issue a new pretreatment permit for this facility. This facility manufactures steel roll over protection systems for cabs. Steel parts are cut, welded and phosphated in a three-stage phosphating system before being painted. Spent wastes from the three-stage phosphating system is then pumped to an on-site 6,000-gallon holding tank, which is considered Outfall 001. Once the pH of the waste is checked, the wastes are then hauled to the city of Newton, via a 1,000-gallon portable tank. Domestic wastes generated on-site are directed to a septic tank and then to an on-site nondischarging lagoon, which is covered under a separate permit. The proposed permit contains limits for cadmium, chromium, copper, lead, nickel, silver, zinc, total cyanide, total toxic organics and pH, as well as monitoring of effluent flow. The permit limits are pursuant to state and federal pretreatment requirements.
Name and Address Receiving Type of of Applicant Stream Discharge Strother Field Commission Walnut River via Process P.O. Box 747 Posey Creek Wastewater Winfield, KS 67156 Kansas Permit No. I-WA17-PO01 Federal Permit No. KS0118427 Legal Description: SW14, S20, T33S, R4E, Cowley County Facility Name: Strother Field Airport/Industrial Park Facility Description: The proposed action is to reissue an existing permit for the operation of an existing wastewater treatment facility. This facility treats domestic and industrial wastewater from the industrial park and airport. Wastewater treatment consists of an integrated fixed-film/activated sludge (IFAS) wastewater treatment system. The proposed permit contain limits for biochemical oxygen demand, total suspended solids, ammonia, E. coli and pH, as well as monitoring for total phosphorus, sulfates, nitrate + nitrite, total Kjeldahl nitrogen, total nitrogen and effluent flow.
Persons wishing to comment on the draft documents and/or permit applications must submit their comments in writing to the Kansas Department of Health and Environment if they wish to have the comments considered in the decision-making process. Comments should be submitted to the attention of the Livestock Waste Management Section for agricultural-related draft documents or applications, or to the Technical Services Section for all other permits, at the Kansas Department of Health and Environment, Division of Environment, Bureau of Water, 1000 S.W. Jackson, Suite 420, Topeka, 66612-1367. All comments regarding the draft documents or application notices received on or before May 7 will be considered in the formulation of the final determinations regarding this public notice. Please refer to the appropriate Kansas document number (KS-AG-11-058, KS-Q-11-024, KS-PT-11-001) and name of the applicant/permittee when preparing comments. After review of any comments received during the public notice period, the Secretary of Health and Environment will issue a determination regarding final agency action on each draft document/application. If response to any draft document/application indicates significant public interest, a public hearing may be held in conformance with K.A.R. 28-16-61 (28-46-21 for UIC). All draft documents/applications and the supporting information including any comments received are on file and may be inspected at the offices of the Kansas Department of Health and Environment, Bureau of Water. These documents are available upon request at the copying cost assessed by KDHE. Application information and components of plans and specifications for all new and expanding swine facilities are available on the Internet at http://www.kdheks.gov/feedlots. Division of Environment offices are open from 8 a.m. to 5 p.m. Monday through Friday, excluding holidays. Robert Moser, M.D. Secretary of Health and Environment
Doc. No. 038281
Vol. 30, No. 14, April 7, 2011

State of Kansas
Kansas Register
385

Request for Comments The Kansas Department of Health and Environment is soliciting comments regarding a proposed air quality operating permit. Dayton Superior Corporation has applied for a Class I operating permit in accordance with the provisions of K.A.R. 28-19-510 et seq. The purpose of a Class I permit is to identify the sources and types of regulated air pollutants emitted from the facility; the emission limitations, standards and requirements applicable to each source; and the monitoring, record keeping, and reporting requirements applicable to each source as of the effective date of permit issuance. Dayton Superior Corporation, 1125 Byers Road, Miamisburg, OH 45342, owns and operates a manufacturing facility of steel reinforcing materials used for road/bridge construction located at 1400 Wilson St., Parsons, KS 67357. A copy of the proposed permit, permit application, all supporting documentation and all information relied upon during the permit application review process is available for a 30-day public review during normal business hours at the KDHE, Bureau of Air, 1000 S.W. Jackson, Suite 310, Topeka; and a copy of the proposed permit can be reviewed at the KDHE Southeast District Office, 1500 W. 7th St., Chanute. To obtain or review the proposed permit and supporting documentation, contact Rasha Allen, (785) 296-1693, at the KDHE central office; and to review the proposed permit only, contact Doug Cole at the KDHE Southeast District Office. The standard departmental cost will be assessed for any copies requested. Direct written comments or questions regarding the proposed permit to Rasha Allen, KDHE, Bureau of Air, 1000 S.W. Jackson, Suite 310, Topeka, 66612-1366. In order to be considered in formulating a final permit decision, written comments must be received before the close of business May 9. A person may request a public hearing be held on the proposed permit. The request for a public hearing shall be in writing and set forth the basis for the request. The written request must be submitted to Sharon Burrell, Bureau of Air, not later than the close of business May 9 in order for the Secretary of Health and Environment to consider the request. The U.S. Environmental Protection Agency has a 45day review period, which will start concurrently with the 30-day public comment period, within which to object to the proposed permit. If the EPA has not objected in writing to the issuance of the permit within the 45-day review period, any person may petition the administrator of the EPA to review the permit. The 60-day public petition period will directly follow the EPAs 45-day review period. Interested parties may contact KDHE to determine if the EPAs 45-day review period has been waived. Any such petition shall be based only on objections to the permit that were raised with reasonable specificity during the public comment period provided for in this
notice, unless the petitioner demonstrates that it was impracticable to raise such objections within such period, or unless the grounds for such objection arose after such period. Contact Patricia Scott, U.S. EPA, Region VII, Air Permitting and Compliance Branch, 901 N. 5th St., Kansas City, KS 66101, (913) 551-7312, to determine when the 45day EPA review period ends and the 60-day petition period commences. Robert Moser, M.D. Secretary of Health and Environment
Doc. No. 039280
State of Kansas

Request for Comments The Kansas Department of Health and Environment is soliciting comments regarding a proposed air quality operating permit. Schwans Global Supply Chain, Inc. (Tonys Pizza Service) has applied for a Class I operating permit renewal in accordance with the provisions of K.A.R. 28-19-510 et seq. The purpose of a Class I permit is to identify the sources and types of regulated air pollutants emitted from the facility; the emission limitations, standards and requirements applicable to each source; and the monitoring, record keeping and reporting requirements applicable to each source as of the effective date of permit issuance. Schwans Global Supply Chain, Inc. (Tonys Pizza Service), 115 W. College Drive, Marshall, MN 56258, owns and operates a frozen speciality food manufacturing company located at 3019 Scanlan Ave., Salina, KS 67401. A copy of the proposed permit, permit application, all supporting documentation and all information relied upon during the permit application review process is available for a 30-day public review during normal business hours at the KDHE, Bureau of Air, 1000 S.W. Jackson, Suite 310, Topeka; and a copy of the proposed permit can be reviewed at the KDHE North Central District Office, 2501 Market Place, Suite, D, Salina. To obtain or review the proposed permit and supporting documentation, contact Kristin R. Fritchman, (785) 368-6683, at the KDHE central office; and to review the proposed permit only, contact Stan Marshall, (785) 827-9639, at the KDHE North Central District Office. The standard departmental cost will be assessed for any copies requested. Direct written comments or questions regarding the proposed permit to Kristin R. Fritchman, KDHE, Bureau of Air, 1000 S.W. Jackson, Suite 310, Topeka, 66612-1366. In order to be considered in formulating a final permit decision, written comments must be received before the close of business May 9. A person may request a public hearing be held on the proposed permit. The request for a public hearing shall be in writing and set forth the basis for the request. The written request must be submitted to Sharon Burrell, Bureau of Air, not later than the close of business May 9 in
(continued)
Vol. 30, No. 14, April 7, 2011
386
Kansas Register
Request for Comments/Hearing
order for the Secretary of Health and Environment to consider the request. The U.S. Environmental Protection Agency has a 45day review period, which will start concurrently with the 30-day public comment period, within which to object to the proposed permit. If the EPA has not objected in writing to the issuance of the permit within the 45-day review period, any person may petition the administrator of the EPA to review the permit. The 60-day public petition period will directly follow the EPAs 45-day review period. Interested parties may contact KDHE to determine if the EPAs 45-day review period has been waived. Any such petition shall be based only on objections to the permit that were raised with reasonable specificity during the public comment period provided for in this notice, unless the petitioner demonstrates that it was impracticable to raise such objections within such period, or unless the grounds for such objection arose after such period. Contact Patricia Scott, U.S. EPA, Region VII, Air Permitting and Compliance Branch, 901 N. 5th St., Kansas City, KS 66101, (913) 551-7312, to determine when the 45day EPA review period ends and the 60-day petition period commences. Robert Moser, M.D. Secretary of Health and Environment
Doc. No. 039282
State of Kansas
Office of the Securities Commissioner

Notice of Hearing on Proposed Administrative Regulations A public hearing will be conducted at 10 a.m. Tuesday, June 7, at the Office of the Securities Commissioner, 109 S.W. 9th, Suite 600, Topeka, to consider the amendment of K.A.R. 81-22-1 and the repeal of K.A.R. 81-20-1, 81-202, 81-22-2, 81-23-1, 81-23-2, 81-24-1, 81-25-1, 81-25-2, 8125-3, 81-26-3, 81-28-1, 81-28-2 and 81-30-1. The regulations are proposed for adoption on a permanent basis. These regulations were adopted in the early 1970s to implement the Uniform Land Sales Practices Act, K.S.A. 58-3301 et seq. Portions of K.A.R. 81-22-1 are now outdated and unnecessary, and the proposed amendments would delete those portions. Specifically, K.A.R. 81-221(A)(1) and (A)(2) contain outdated contact information and business hours for the Office of the Securities Commissioner, and 81-22-1(A)(3) contains outdated policies for obtaining copies of forms and statutes. K.A.R. 81-221(C) and (D) contain unnecessary formatting guidelines, and 81-22-1(E) duplicates the 90-day review deadline found in K.S.A. 58-3308(a). Similarly, the following regulations are outdated, duplicative or superfluous, and they are proposed for repeal in their entirety. K.A.R. 81-20-1 contains a statement of general regulatory intent and a non-binding expression of general regulatory policy. It does not contain any substantive rules. K.A.R. 81-20-2 repeats the requirements of K.S.A. 58-3304 by requiring registration of subdivided lands and delivery of a public offering statement to purchasers. K.A.R. 81-23-1 repeats the fee calculation and refund provisions of K.S.A. 58-3320(a). K.A.R. 81-23-2 cur Kansas Secretary of State 2011
rently caps the aggregate offering price for each registration of subdivided land at $2,500,000. Additional increments of $2,500,000 in subdivided land can be registered by using a consolidated registration application and paying an additional fee pursuant to K.A.R. 81-22-2. The $2,500,000 cap is not required by statute (see K.S.A. 58-3320(a)), and it has not been changed since 1972. Instead of amending the regulations to adjust for inflation, the proposed repeal of 81-23-2 and 81-22-2 would remove the cap and permit an entire offering of subdivided land to be registered at one time without an additional fee. K.A.R. 81-24-1 is a non-binding expression of regulatory policy regarding the review of registration statements. It does not contain any substantive rules. K.A.R. 81-25-1 and K.A.R. 81-25-2 contain the technical rules governing the format and content of a public offering statement. The rules are outdated and duplicate K.S.A. 58-3306(a). K.A.R. 81-25-3 duplicates the substance of K.S.A. 583306(b) and (c) and K.S.A. 58-3304(2) governing the use of the public offering statement. K.A.R. 81-26-3 duplicates the requirement of K.S.A. 58-3305(a)(6) for clear title opinions or title insurance. K.A.R. 81-28-1 duplicates the requirements for orders of registration as contained in K.S.A. 58-3308 and 58-3306(b). K.A.R. 81-28-2 duplicates the inspection authority and fees set forth in K.S.A. 583320(b). K.A.R. 81-30-1 contains administrative procedures that are unnecessary because the Kansas Administrative Procedure Act provides sufficient guidelines for any administrative proceedings that are necessary under the Uniform Land Sales Practices Act. The proposed amendments are not expected to have a significant economic impact upon the Office of the Securities Commissioner. This 60-day notice of the public hearing shall constitute a public comment period for the purpose of receiving written public comments on the proposed rules and regulations. All interested parties may submit written comments prior to the hearing to the Office of the Securities Commissioner, 109 S.W. 9th, Suite 600, Topeka, 66612. All interested parties will be given a reasonable opportunity to present their views orally on the adoption of the proposed regulations during the hearing. In order to give all parties an opportunity to present their views, it may be necessary to request that each participant limit any oral presentation. Following the hearing, all written and oral comments submitted by interested parties will be considered by the commissioner as a basis for making changes to the proposed regulations. Any individual with a disability may request accommodation in order to participate in the public hearing and may request the proposed regulations and economic impact statements in an accessible format. Requests for accommodation should be made at least five working days in advance of the hearing by contacting Michelle Lancaster at (785) 296-5215 or the Kansas Relay Center at (800) 766-3777. Handicapped parking is located on 9th Street or Kansas Avenue, and the hearing room is accessible to individuals with disabilities. Copies of the full text of the proposed regulations and the economic impact statement may be obtained by writing to the Office of the Securities Commissioner at the address above, by e-mail request to ksc@ksc.ks.gov, or by visiting http://www.securities.state.ks.us/. Aaron Jack Kansas Securities Commissioner
Doc. No. 039278
Vol. 30, No. 14, April 7, 2011

State of Kansas
Kansas Register
387
Secretary of State
SENATE BILL No. 212

AN ACT concerning taxation; relating to abatement of tax liability; annual report; amending K.S.A. 2010 Supp. 79-3233b and repealing the existing section. Be it enacted by the Legislature of the State of Kansas: Section 1. K.S.A. 2010 Supp. 79-3233b is hereby amended to read as follows: 79-3233b. (a) The secretary shall maintain a record of each abatement that reduces a final tax liability by $5,000 or
more. Such record shall contain: (1) The name and address of the taxpayer, and the petitioner, if different; (2) the disputed tax liability including penalty and interest; (3) the taxpayers grounds for contesting the liability together with all supporting evidence; (4) all staff recommendations, reports and audits; (5) the reasons for, conditions to, and the amount of the abatement; and (6) the payment made, if any. Such records shall be maintained by the department for nine years. (b) The secretary shall make an annual report that identifies the taxpayer, summarizes the issues and the reasons for abatement, and states the amount of liability that was abated pursuant to this section for each abatement that reduced a final tax liability by $5,000 or more. The secretary shall file the report with the secretary of state, the division of post audit of the legislature and the attorney general on or before September 30 of each year. Any other provision of law notwithstanding, the secretary shall make the record of any abatement annual report available for public inspection upon written request. (c) In order to express the intent of the legislature upon first enactment of this section, the provisions of this section and amendments enacted herein shall be effective retroactively to the original enactment of this section on and after July 1, 1999. Sec. 2. K.S.A. 2010 Supp. 79-3233b is hereby repealed. Sec. 3. This act shall take effect and be in force from and after its publication in the Kansas register.
V. 29, p. 255 V. 29, p. 256 V. 29, p. 256 V. 29, p. 256-258 V. 29, p. 258 V. 29, p. 259 V. 29, p. 259 V. 29, p. 259 V. 29, p. 259 V. 29, p. 260 V. 29, p. 260 V. 29, p. 260 V. 29, p. 261 V. 29, p. 69 V. 29, p. 69 V. 29, p. 71 V. 29, p. 71 V. 29, p. 71 V. 29, p. 72 V. 29, p. 72 V. 29, p. 72 V. 29, p. 72 V. 29, p. 72 V. 29, p. 72 V. 29, p. 72 V. 29, p. 1242 V. 29, p. 1243-1245 V. 29, p. 1246 V. 29, p. 1246 V. 29, p. 1246 V. 29, p. 1247 V. 29, p. 1247 V. 29, p. 72 V. 29, p. 73 V. 29, p. 73 V. 29, p. 706-720 V. 29, p. 720 V. 29, p. 720 V. 29, p. 721 V. 29, p. 722 V. 29, p. 722 V. 29, p. 723-725 AGENCY 5: DEPARTMENT OF AGRICULTUREDIVISION OF WATER RESOURCES Reg. No. Action Register 5-1-4 Amended V. 29, p. 652 5-1-9 Amended V. 29, p. 653 5-3-23 Amended (T) V. 29, p. 1338 5-3-23 Amended V. 29, p. 1598 5-4-1 Amended V. 29, p. 1476 5-4-1a New V. 29, p. 1477 5-7-1 Amended V. 29, p. 653 5-17-2 Amended V. 29, p. 654 5-21-4 Amended V. 30, p. 369 5-22-7 Amended V. 29, p. 596 5-25-5 Amended V. 29, p. 1598 5-25-15 Amended V. 29, p. 654 AGENCY 7: SECRETARY OF STATE Reg. No. Action Register 7-16-1 Amended (T) V. 29, p. 1115 7-16-1 Amended V. 29, p. 1281 AGENCY 9: ANIMAL HEALTH DEPARTMENT Reg. No. Action Register 9-7-4 Amended (T) V. 29, p. 703 9-7-4 Amended V. 29, p. 1336 9-27-1 Amended V. 29, p. 1337 AGENCY 14: DEPARTMENT OF REVENUE DIVISION OF ALCOHOLIC BEVERAGE CONTROL 14-6-2a Revoked V. 29, p. 1306 14-6-3 Revoked V. 29, p. 1306 14-6-4 Amended V. 29, p. 1306 14-11-1 New V. 29, p. 1307 14-11-4 New V. 29, p. 1307 14-11-5 Amended V. 29, p. 1307 14-11-6 Amended V. 29, p. 1307 14-11-7 Amended V. 29, p. 1307 14-11-9 Amended V. 29, p. 1307 14-11-10a Revoked V. 29, p. 1307 14-11-10b Revoked V. 29, p. 1308 14-11-10d Revoked V. 29, p. 1308 14-11-11 Revoked V. 29, p. 1633 14-11-14 Revoked V. 29, p. 1308 14-11-15 Amended V. 29, p. 1308 14-11-16 Amended V. 29, p. 1308 14-11-22 New V. 29, p. 1633 14-11-23 through 14-11-29 New V. 29, P. 1308-1310 14-11-27 Revoked V. 29, p. 1730 14-16-25 New V. 29, p. 1310 14-19-27 Amended V. 29, p. 1310 14-19-38 New V. 29, p. 1311
AGENCY 4: DEPARTMENT OF AGRICULTURE Reg. No. 4-3-47 4-7-213 4-7-716 4-10-1 4-10-1a 4-10-1b 4-10-2a through 4-10-2d Action Amended (T) Amended Amended Amended New New Revoked Register V. 30, p. 25 V. 29, p. 1023 V. 29, p. 1023 V. 29, p. 254 V. 29, p. 255 V. 29, p. 255 V. 29, p. 255
4-10-2e 4-10-2f through 4-10-2k 4-10-4 4-10-4a through 4-10-4f 4-10-5a 4-10-6 4-10-6a 4-10-6b 4-10-7 4-10-10 4-10-15 4-10-16 4-10-17 4-13-2 4-13-3 4-13-9 4-13-14 4-13-16 4-13-17 4-13-18 4-13-20 4-13-21 4-13-22 4-13-23 4-13-24 4-13-25 4-13-25b through 4-13-25h 4-13-25i 4-13-25j 4-13-25k 4-13-25l 4-13-25m 4-13-30 4-13-33 4-13-62 4-27-1 through 4-27-22 4-28-1 4-28-2 4-28-8 4-28-11 4-28-12 4-28-18 through 4-28-30
Amended Revoked Revoked New Amended Revoked New New Amended New Revoked Amended Revoked Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked Amended Amended Amended Amended Revoked Amended Amended Amended New Amended Amended Amended New Amended Amended Amended Amended Amended New
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14-19-39 14-20-29 14-20-40 14-20-41 14-21-12 14-21-21 14-21-22 14-23-2 14-23-5 14-23-8 14-23-10 14-24-1 through 14-24-6 Reg. No. 16-11-1 through 16-11-5 16-11-6 16-11-7 16-11-8 New Amended New New Amended New New Amended Amended Amended Amended Revoked Action V. V. V. V. V. V. V. V. V. V. V. 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, p. p. p. p. p. p. p. p. p. p. p. 1311 1311 1312 1312 1313 1313 1313 1314 1314 1314 1315
Kansas Register
28-19-713 28-19-713a through 28-19-713d 28-19-720 28-19-728 28-19-728a through 28-19-728f 28-19-735 28-19-750 28-19-750a 28-21-1 28-21-6 28-21-7 28-21-8 28-21-9 28-21-10 28-21-11 28-21-20a 28-21-21a 28-21-22a 28-21-23a 28-21-24a 28-21-25a 28-21-26a 28-21-27a 28-21-28a 28-21-29a 28-21-30a 28-21-31a 28-21-32a 28-21-33a 28-21-34a 28-21-35a 28-21-40a 28-21-41a 28-21-42a 28-21-43a 28-21-44a 28-21-50a 28-21-51a 28-21-52a 28-21-53a 28-21-54a 28-21-55a 28-21-56a 28-21-57a 28-21-58a 28-21-59a 28-21-60a 28-21-61a 28-21-62a 28-21-63 28-21-64 28-21-70a 28-21-71a 28-21-72a 28-21-82 through 28-21-85 28-23-4 28-23-9 28-23-10 28-23-20 through 28-23-24 28-23-26 through 28-23-32 28-23-34 through 28-23-36 28-23-41 through 28-23-55 28-23-70 28-23-71 28-23-73 28-23-75 28-23-78 through 28-23-80 28-35-135l 28-35-135t New New Amended Revoked Revoked Amended Amended Amended Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Amended Amended V. 29, p. 867 V. 29, p. 867, 868 V. 29, p. 1510 V. 29, p. 1511 V. 29, p. 1511 V. 29, p. 1511 V. 29, p. 1511 V. 29, p. 1511 V. 29, p. 725 V. 29, p. 725 V. 29, p. 725 V. 29, p. 725 V. 29, p. 725 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. V. V. V. 29, 29, 29, 29, p. p. p. p. 726 726 726 726 28-35-135w 28-35-175a 28-35-178b 28-35-178e 28-35-178j 28-35-180b 28-35-181a 28-35-181e 28-35-181j 28-35-181m 28-35-181o 28-35-192b 28-35-192c 28-35-192d 28-35-192e 28-35-192g 28-35-194a 28-35-212a 28-35-216a 28-35-225b 28-35-231c 28-35-242 28-35-264 28-35-334 28-35-346 28-35-411 28-36-30 28-36-31 28-36-70 through 28-36-89 28-36-101 through 28-36-109 28-39-162 28-39-162a 28-39-162b 28-39-162c 28-43-1 through 28-43-11 28-46-1 28-46-2a 28-46-3 through 28-46-22 28-46-27 28-46-28 28-46-29 28-46-29a 28-46-30 28-46-30a 28-46-30b 28-46-31 28-46-33 28-46-34 28-46-35 28-46-40 28-46-41 28-46-44 28-46-45 28-61-1 28-61-2 28-61-3 28-61-4 28-61-5 28-61-8 28-72-1 28-72-1a 28-72-1c 28-72-1d 28-72-1e 28-72-1g 28-72-1h 28-72-1i 28-72-1k 28-72-1l 28-72-1m 28-72-1n 28-72-1o 28-72-1p 28-72-1r 28-72-1s 28-72-1t 28-72-1v
Amended Amended Amended Amended Amended Amended Amended Revoked Amended Amended Amended Amended Amended Revoked Amended Amended Amended Amended Amended New Amended Amended Amended Amended Amended Amended Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Amended Amended Amended Amended Amended Amended New Amended New New Amended Amended Amended Amended Amended Amended Amended New Amended Amended Amended Amended Amended Amended Revoked New New New New New New New New New New New New New New New New New V. 30, p. 197 V. 30, p. 198 V. 30, p. 198 V. 30, p. 200 V. 30, p. 201 V. 30, p. 201 V. 30, p. 203 V. 30, p. 203 V. 30, p. 203 V. 30, p. 204 V. 30, p. 205 V. 30, p. 206 V. 30, p. 206 V. 30, p. 207 V. 30, p. 207 V. 30, p. 207 V. 30, p. 207 V. 30, p. 208 V. 30, p. 209 V. 30, p. 210 V. 30, p. 210 V. 30, p. 210 V. 30, P. 210 V. 30, p. 211 V. 30, p. 212 V. 30, p. 212 V. 29, p. 727 V. 29, p. 727 V. 29, p. 727 V. 29, p. 727 V. 29, p. 1777 V. 29, p. 1777 V. 29, p. 1777 V. 29, p. 1777 V. 29, p. 1137 V. 29, p. 1138 V. 29, p. 1138 V. 29, p. 1139-1141 V. 29, p. 1141 V. 29, p. 1141 V. 29, p. 1141 V. 29, p. 1142 V. 29, p. 1142 V. 29, p. 1142 V. 29, p. 1144 V. 29, p. 1144 V. 29, p. 1144 V. 29, p. 1145 V. 29, p. 1145 V. 29, p. 1145 V. 29, p. 1145 V. 29, p. 1145 V. 29, p. 1145 V. 29, p. 419 V. 30, p. 336 V. 30, p. 337 V. 30, p. 337 V. 29, p. 420 V. 29, p. 422 V. 29, p. 357 V. 29, p. 357 V. 29, p. 357 V. 29, p. 358 V. 29, p. 358 V. 29, p. 358 V. 29, p. 358 V. 29, p. 359 V. 29, p. 359 V. 29, p. 359 V. 29, p. 360 V. 29, p. 360 V. 29, p. 360 V. 29, p. 360 V. 29, p. 361 V. 29, p. 361 V. 29, p. 361 V. 29, p. 361
V. 29, p. 1315 Register
V. 29, p. 1813-1815 V. 29, p. 1816 V. 29, p. 1816 V. 29, p. 1816
AGENCY 28: DEPARTMENT OF HEALTH AND ENVIRONMENT Reg. No. 28-1-27 28-1-30 28-1-31 28-1-32 28-4-92 28-4-92 28-4-370 through 28-4-379 28-4-503 28-4-505 28-4-514 28-4-520 28-4-521 28-4-1300 through 28-4-1318 28-16-28g 28-19-200a 28-19-202 28-19-325 28-19-350 28-19-517 28-19-645a 28-19-712 28-19-712a through 28-19-712d Action New New New New Amended (T) Amended Revoked Amended Amended Amended New New New Amended New Amended New Amended Amended New (T) New New Register V. 30, p. 111 V. 30, p. 369 V. 30, p. 370 V. 30, p. 370 V. 29, p. 1348 V. 29, p. 1705 V. 29, p. 1024 V. 29, p. 1662 V. 29, p. 1662 V. 29, p. 1663 V. 29, p. 1663 V. 29, p. 1663 V. 29, p. 1024-1032 V. 29, p. 181 V. 29, p. 1634 V. 29, p. 1509 V. 29, p. 1634 V. 29, p. 1635 V. 29, p. 1510 V. 30, p. 232 V. 29, p. 866 V. 29, p. 867
V. 29, p. 727 V. 30, p. 195 V. 30, p. 196
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28-72-1x 28-72-2 28-72-3 28-72-4 28-72-4a 28-72-4b 28-72-4c 28-72-5 28-72-6 28-72-6a 28-72-7 28-72-7a 28-72-8 28-72-9 28-72-10 28-72-10a 28-72-11 28-72-12 28-72-13 28-72-14 28-72-15 28-72-16 28-72-17 28-72-18 28-72-18a 28-72-18b 28-72-18c 28-72-18d 28-72-18e 28-72-19 28-72-20 28-72-21 28-72-22 28-72-51 28-72-52 28-72-53 New Amended Amended Amended Amended Revoked Amended Amended Amended New Amended New Amended Amended Amended New Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended V. 29, p. 361 V. 29, p. 361 V. 29, p. 362 V. 29, p. 362 V. 29, p. 366 V. 29, p. 368 V. 29, p. 368 V. 29, p. 369 V. 29, p. 370 V. 29, p. 371 V. 29, p. 373 V. 29, p. 373 V. 29, p. 374 V. 29, p. 375 V. 29, p. 376 V. 29, p. 377 V. 29, p. 378 V. 29, p. 378 V. 29, p. 379 V. 29, p. 379 V. 29, p. 380 V. 29, p. 380 V. 29, p. 381 V. 29, p. 382 V. 29, p. 383 V. 29, p. 384 V. 29, p. 384 V. 29, p. 385 V. 29, p. 386 V. 29, p. 387 V. 29, p. 387 V. 29, p. 387 V. 29, p. 388 V. 29, p. 388 V. 29, p. 389 V. 29, p. 389
Kansas Register
AGENCY 49: DEPARTMENT OF LABOR Reg. No. 49-55-1 through 49-55-12 Action Register 82-4-3d 82-4-3f 82-4-3n 82-4-3o 82-4-6a 82-4-8h 82-4-21 82-4-22 82-4-23 82-4-24a 82-4-26 82-4-26a 82-4-27 82-4-27a 82-4-27c 82-4-27e 82-4-28 82-4-28a 82-4-28b 82-4-30a 82-4-30a 82-4-31 82-4-32 82-4-33 82-4-35 82-4-35a 82-4-37 82-4-40 82-4-42 82-4-48 82-4-48a 82-4-53 82-4-54 82-4-55 82-4-56a 82-4-57 82-4-58 82-4-62 82-4-63 82-4-65 82-4-77 82-16-1 through 82-16-6 82-17-1 through 82-17-5 Amended Amended New New Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked Revoked Revoked Amended (T) Amended Revoked Amended Amended Amended Amended Revoked Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked Amended Amended Amended New New
389
V. 29, p. 1444 V. 29, p. 1390 V. 29, p. 1444 V. 29, p. 1445 V. 29, p. 1446 V. 29, p. 1446 V. 29, p. 1446 V. 29, p. 1446 V. 29, p. 1447 V. 29, p. 1447 V. 29, p. 1447 V. 29, p. 1447 V. 29, p. 1447 V. 29, p. 1448 V. 29, p. 1448 V. 29, p. 1449 V. 29, p. 1449 V. 29, p. 1449 V. 29, p. 1449 V. 29, p. 702 V. 29, p. 1392 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1451 V. 29, p. 1451 V. 29, p. 1451 V. 29, p. 1452 V. 29, p. 1452 V. 29, p. 1452 V. 29, p. 1453 V. 29, p. 1453 V. 29, p. 1453 V. 29, p. 1453 V. 29, p. 1453 V. 29, p. 1454 V. 29, p. 1598-1601 V. 29, p. 1136, 1137
New
V. 29, p. 675, 676
AGENCY 66: BOARD OF TECHNICAL PROFESSIONS Reg. No. 66-8-6 66-10-1 66-12-1 66-14-10 Reg. No. 68-1-1b 68-7-11 68-7-21 68-20-10a 68-20-24 68-20-25 68-20-26 68-20-27 68-21-1 through 68-21-7 68-21-2 Reg. No. 71-5-1 through 71-5-6 71-5-7 through 71-5-13 Reg. No. 74-4-8 74-4-9 74-5-2 74-5-101 74-5-202 74-5-203 74-6-2 74-11-6 74-11-7 74-12-1 74-15-2 Action Amended Amended Amended Amended Action Amended Amended New Amended New (T) New (T) New (T) New (T) New Amended Action Register V. V. V. V. 29, 29, 29, 29, p. p. p. p. 794 794 794 794
AGENCY 68: BOARD OF PHARMACY Register V. 29, p. 465 V. 29, p. 1053 V. 29, p. 465 V. 29, p. 466 V. 30, p. 357 V. 30, p. 357 V. 30, p. 357 V. 30, p. 357 V. 29, p. 1417-1420 V. 30, p. 370 Register
AGENCY 88: BOARD OF REGENTS Reg. No. 88-24-1 88-28-1 88-28-6 88-30-1 Action Amended Amended Amended Amended Register V. 29, p. 1415 V. 30, p. 193 V. 29, p. 408 V. 30, p. 194
AGENCY 91: DEPARTMENT OF EDUCATION Reg. No. 91-40-1 91-40-27 Action Amended Amended Register V. 29, p. 1093 V. 29, p. 1098
AGENCY 92: DEPARTMENT OF REVENUE Reg. No. 92-19-3 92-19-3a 92-19-3b 92-19-3c 92-19-10 92-19-16a 92-19-16b 92-19-40 92-19-42 92-19-49b 92-19-55b 92-19-59 92-19-73 92-24-23 92-51-25a Action Revoked New New New Revoked Amended Revoked Revoked Revoked Amended New Amended Amended Amended New Register V. 30, p. 280 V. 30, p. 280 V. 30, p. 283 V. 30, p. 285 V. 30, p. 285 V. 30, p. 285 V. 30, p. 286 V. 30, p. 286 V. 30, p. 286 V. 30, p. 286 V. 30, p. 287 V. 30, p. 289 V. 30, p. 289 V. 29, p. 1633 V. 29, p. 1281
AGENCY 48: DEPARTMENT OF LABOR EMPLOYMENT SECURITY BOARD OF REVIEW Reg. No. 48-1-1 through 48-1-6 48-2-1 through 48-2-5 48-3-1 48-3-2 48-3-4 48-3-5 48-4-1 48-4-2 Action Register
Amended Amended Amended Amended Amended Amended Amended Amended
AGENCY 82: STATE CORPORATION COMMISSION Reg. No. 82-1-219 82-3-101a 82-3-311a 82-3-1100 through 82-3-1120 82-4-2 82-4-3a Action Amended New New New Amended Amended Register V. 29, p. 1099 V. 29, p. 1508 V. 29, p. 181 V. 29, p. 182-190 V. 29, p. 1443 V. 29, p. 1443
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AGENCY 94: COURT OF TAX APPEALS Reg. No. 94-2-1 through 94-2-21 94-5-1 through 94-5-25 Action Register
Kansas Register
109-5-7d 109-6-1 109-6-2 109-8-1 109-10-1a 109-10-1b 109-10-1d 109-10-1e 109-10-1f 109-10-1g 109-10-6 109-10-7 109-11-1 109-11-1a 109-11-3 109-11-3a 109-11-4 109-11-6 109-11-6a 109-15-2 Reg. No. 110-4-1 through 110-4-5 New (T) Amended Amended Amended (T) New (T) New (T) New (T) New (T) New (T) New (T) Amended (T) New Amended New (T) Amended New (T) Amended Amended New (T) Amended Action V. 30, p. 141 V. 29, p. 113 V. 29, p. 113 V. 30, p. 141 V. 30, p. 141 V. 30, p. 142 V. 30, p. 142 V. 30, p. 142 V. 30, p. 142 V. 30, p. 142 V. 30, p. 143 V. 29, p. 113 V. 29, p. 1283 V. 30, p. 143 V. 29, p. 1284 V. 30, p. 144 V. 29, p. 1284 V. 29, p. 1285 V. 30, p. 144 V. 29, p. 1285 Register 111-4-2939 through 111-4-2948 111-4-2949 through 111-4-2984 111-4-2949 through 111-4-2984 111-4-2985 through 111-4-2988 111-4-2989 111-4-2990 111-4-2991 111-4-2992 through 111-4-3011 111-4-3012 through 111-4-3022 111-4-3023 through 111-4-3027 111-4-3028 through 111-4-3031 111-4-3032 through 111-4-3045 111-4-3046 through 111-4-3054 111-5-175 through 111-5-179 111-5-180 through 111-5-194 111-5-181 111-5-184 111-5-186 111-5-194 111-7-243 through 111-7-248 111-9-162 111-9-163 111-9-164 111-9-165 111-9-166 111-9-167 111-9-168 111-9-169 111-9-170 111-15-1 111-15-3 111-201-1 through 111-201-17 111-301-1 through 111-301-6 111-301-7 through 111-301-12 111-301-13 through 111-301-20 111-302-1 through 111-302-6 111-302-4 111-303-1 through 111-303-5 111-304-1 through 111-304-6 111-305-1 through 111-305-6 111-306-1 through 111-306-6
New New New New New New New New New New New New New New New Amended Amended Amended Amended New New New New New New New New New New Amended Amended New New New New New Amended New New New New
V. 29, p. 569-575 V. 29, p. 746-769 V. 29, p. 746-769 V. 29, p. 1180-1183 V. 29, p. 1216 V. 29, p. 1217 V. 29, p. 1218 V. 29, p. 1248-1259 V. 29, p. 1513-1522 V. 30, p. 234-237 V. 30, p. 241-243 V. 30, p. 249-258 V. 30, p. 358-364 V. 29, p. 157-159 V. 29, p. 222-228 V. 29, p. 1522 V. 29, p. 1523 V. 29, p. 1524 V. 29, p. 1525 V. 30, p. 259, 260 V. 29, p. 229 V. 29, p. 229 V. 29, p. 230 V. 29, p. 769 V. 29, p. 1184 V. 29, p. 1526 V. 29, p. 1526 V. 29, p. 1527 V. 30, p. 261 V. 30, p. 238 V. 30, p. 365 V. 29, p. 73-79 V. 29, p. 79, 80 V. 30, p. 244-248 V. 30, p. 366-368 V. 29, p. 82-86 V. 30, p. 249 V. 29, p. 87-89 V. 29, p. 89-91 V. 29, p. 474, 475 V. 29, p. 1185-1187
Revoked New
V. 29, p. 1478, 1479 V. 29, p. 1479-1485
New
V. 29, p. 252-254
Amended
V. 30, p. 25-27
AGENCY 102: BEHAVIORAL SCIENCES REGULATORY BOARD Reg. No. 102-2-3 102-5-3 Action Amended Amended Register V. 29, p. 340 V. 30, p. 371
AGENCY 111: KANSAS LOTTERY A complete index listing all regulations filed by the Kansas Lottery from 1988 through 2000 can be found in the Vol. 19, No. 52, December 28, 2000 Kansas Register. A list of regulations filed from 2001 through 2003 can be found in the Vol. 22, No. 52, December 25, 2003 Kansas Register. A list of regulations filed from 2004 through 2005 can be found in the Vol. 24, No. 52, December 29, 2005 Kansas Register. A list of regulations filed from 2006 through 2007 can be found in the Vol. 26, No. 52, December 27, 2007 Kansas Register. A list of regulations filed from 2008 through November 2009 can be found in the Vol. 28, No. 53, December 31, 2009 Kansas Register. The following regulations were filed after December 1, 2009: Reg. No. 111-2-30 111-2-230 111-2-231 111-2-232 111-2-233 111-2-234 111-2-235 through 111-2-240 111-2-241 111-2-242 111-2-243 through 111-2-248 111-2-247 111-2-248 111-2-249 through 111-2-252 111-2-249 111-2-253 111-2-254 111-2-255 111-4-2899 through 111-4-2907 111-4-2908 through 111-4-2911 111-4-2911a 111-4-2912 through 111-4-2923 111-4-2924 through 111-4-2930 111-4-2931 through 111-4-2938 Action Amended Amended Amended Amended Amended New New New New New Amended Amended New Amended New New Amended New New New New New New Register V. V. V. V. V. V. 29, 30, 30, 29, 29, 29, p. p. p. p. p. p. 215 232 233 215 215 746
V. 29, p. 1214, 1215 V. 29, p. 1247 V. 29, p. 1247 V. 29, p. 1512, 1513 V. 30, p. 233 V. 30, p. 233 V. 30, p. 233, 234 V. 30, p. 357 V. 30, p. 241 V. 30, p. 241 V. 30, p. 358 V. 29, p. 9-14 V. 29, p. 149-152 V. 29, p. 152 V. 29, p. 153-157 V. 29, p. 216-222 V. 29, p. 467-473
AGENCY 109: BOARD OF EMERGENCY MEDICAL SERVICES Reg. No. 109-1-1a 109-5-1 109-5-1a 109-5-1b 109-5-1d 109-5-1e 109-5-1f 109-5-3 109-5-4 109-5-7a 109-5-7b Action New (T) Amended (T) New (T) New (T) New (T) New (T) New (T) Amended Revoked New (T) New (T) Register V. 30, p. 138 V. 30, p. 138 V. 30, p. 139 V. 30, p. 139 V. 30, p. 139 V. 30, p. 139 V. 30, p. 139 V. 29, p. 1282 V. 29, p. 113 V. 30, p. 139 V. 30, p. 140
Vol. 30, No. 14, April 7, 2011
111-306-4 111-306-6 111-307-1 through 111-307-7 111-308-1 through 111-308-7 111-309-1 through 111-309-6 111-310-1 through 111-310-6 111-311-1 through 111-311-7 111-312-1 through 111-312-8 111-312-6 111-312-8 Amended Amended New New New New New New Amended Amended V. 29, p.1260 V. 29, p. 1219 V. 29, p. 1189-1191 V. 29, p. 1261-1263 V. 29, p. 1528-1530 V. 29, p. 1530-1532 V. 29, p. 1532-1535 V. 30, p. 239, 240 V. 30, p. 368 V. 30, p. 368
Kansas Register
112-106-5 112-106-6 112-107-3 112-107-5 112-107-10 112-107-21 112-107-22 112-108-18 112-108-36 112-108-55 112-110-3 112-112-1 112-112-3 112-112-4 112-112-7 112-112-9 Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended V. 30, p. 303 V. 30, p. 304 V. 30, p. 304 V. 30, p. 307 V. 30, p. 308 V. 30, p. 309 V. 30, p. 310 V. 30, p. 311 V. 30, p. 312 V. 30, p. 313 V. 30, p. 313 V. 30, p. 314 V. 30, p. 314 V. 30, p. 314 V. 30, p. 315 V. 30, p. 315 117-3-2 117-4-1 117-4-2 117-6-1 117-6-3 117-7-1 117-8-1 Amended Amended Amended Amended Amended Amended Amended
391
V. 29, p. 415 V. 29, p. 416 V. 29, p. 417 V. 29, p. 656 V. 29, p. 656 V. 30, p. 92 V. 29, p. 418
AGENCY 121: DEPARTMENT OF CREDIT UNIONS Reg. No. Action Register 121-10-1 Amended V. 29, p. 675 AGENCY 123: JUVENILE JUSTICE AUTHORITY Reg. No. Action Register 123-2-111 New (T) V. 29, p. 1115 123-2-111 New V. 29, p. 1415 AGENCY 129: KANSAS HEALTH POLICY AUTHORITY Reg. No. Action Register 129-5-118 Amended V. 29, p. 293 129-5-118a New V. 29, p. 294 129-5-118b Amended V. 29, p. 296 129-10-31 New V. 30, p. 92 AGENCY 130: HOME INSPECTORS REGISTRATION BOARD Reg. No. 130-1-2 130-1-2 130-1-3 130-1-3 130-1-4 130-3-1 130-3-1 130-4-1 130-4-1 130-4-2 130-4-2 130-5-2 Action Register New (T) V. 29, p. 38 New V. 29, p. 567 New (T) V. 29, p. 38 New V. 29, p. 567 Amended V. 29, p. 567 New (T) V. 29, p. 38 New V. 29, p. 568 New (T) V. 29, p. 39 New V. 29, p. 794 New (T) V. 29, p. 39 New V. 29, p. 794 New V. 29, p. 569 AGENCY 131: COMMITTEE ON SURETY BONDS AND INSURANCE Action New Register V. 30, p. 195
AGENCY 115: DEPARTMENT OF WILDLIFE AND PARKS Reg. No. 115-2-1 115-2-2 115-2-3 115-2-3a 115-4-2 115-4-4 115-4-4a 115-4-6 115-4-6b 115-4-11 115-7-1 115-7-8 115-7-9 115-8-1 115-16-5 115-18-7 115-18-20 115-20-7 Action Amended Amended Amended Amended Amended Amended Amended Amended New Amended Amended Revoked Amended Amended Amended Amended Amended New Register V. 29, p. 1602 V. 30, p. 331 V. 30, p. 331 V. 29, p. 1603 V. 29, p. 408 V. 29, p. 658 V. 29, p. 659 V. 29, p. 409 V. 30, p. 332 V. 30, p. 332 V. 29, p. 1606 V. 29, p. 1607 V. 29, p. 1607 V. 29, p. 1092 V. 30, p. 334 V. 29, p. 659 V. 29, p. 1608 V. 29, p. 659
AGENCY 112: RACING AND GAMING COMMISSION Reg. No. 112-101-6 112-102-8 112-103-2 112-103-4 112-103-5 112-103-8 112-103-15 112-104-1 112-104-8 112-104-13 112-104-14 112-104-15 112-104-16 112-104-32 112-105-1 112-105-2 112-105-3 112-106-1 112-106-2 Action Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Register V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. 30, 30, 30, 30, 30, 30, 30, 30, 30, 30, 30, 30, 30, 30, 30, 30, 30, 30, 30, p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. 290 290 291 292 292 292 292 293 294 295 297 297 298 300 301 301 301 301 303
AGENCY 117: REAL ESTATE APPRAISAL BOARD Reg. No. 117-2-1 117-2-2 117-3-1 Action Amended Amended Amended Register V. 29, p. 412 V. 29, p. 413 V. 29, p. 414
Reg. No. 131-1-1
Vol. 30, No. 14, April 7, 2011
Kansas Register
In this issue . . .
Page
Kansas State Historical Society Notice of meeting on 2011 Historic Preservation Fund grants ....................................................... 395 Historic Sites Board of Review Notice of meeting ....................................................................................................................... 395 Office of the Governor Executive Order 11-06, declaring a drought watch or drought warning ......................................... 395 Department of AdministrationDivision of Accounts and Reports Public notice............................................................................................................................... 396 Legislative bills and resolutions introduced March 31-April 1 ........................................................ 396 Heartland Works, Inc. Request for proposals for Web-based software system.................................................................. 396 Department of AdministrationDivision of Facilities Management Notices of requested engineering services ............................................................................. 396, 397 City of Olathe Notice to bidders ........................................................................................................................ 397 Pooled Money Investment Board Notice of investment rates........................................................................................................... 398 Social and Rehabilitation Services Request for comments on the FY 2012 Social Services Block Grant ................................................ 398 Request for proposals for substance abuse prevention services...................................................... 398 Request for proposals for school-based youth mentoring services ................................................. 399 Request for proposals for statewide prevention outcomes support ................................................ 399 Kansas Board of Regents Universities Notice to bidders ........................................................................................................................ 399 State Conservation Commission Notice to contractors................................................................................................................... 400 Department of AdministrationDivision of Purchases Notice to bidders for state purchases ........................................................................................... 400 Kansas Department of Transportation Notices to consulting engineers ............................................................................................ 401, 402 Secretary of State Notice of corporations forfeited ................................................................................................... 403 State Corporation Commission Notice of hearing on proposed administrative regulations ............................................................ 404 Kansas Board of Regents Notice of hearing on proposed administrative regulations ............................................................ 405 (continued on next page)
394
Kansas Register
In this issue
Department of Health and Environment Requests for comments on proposed air quality permits............................................................... 407 Notice concerning water pollution control permits/applications .................................................... 408 Department of Revenue Notice of available publications................................................................................................... 409 City of Albert Notice of intent to seek private placement of general obligation bonds.......................................... 409 City of Colby Notice of intent to seek private placement of general obligation bonds.......................................... 410 Notice of Bond Sale City of Olathe............................................................................................................................. 410 Permanent Administrative Regulations Department of Agriculture.......................................................................................................... 411 Department of Commerce ........................................................................................................... 411 Department of Health and Environment ...................................................................................... 414 New State Laws Senate Bill 12, concerning civil procedure; relating to bankruptcy; exempt property; earned income tax credit ..................................................................................................... 437 House Substitute for Senate Bill 101, concerning cities and counties; relating to residential fire protection sprinkler systems ......................................................................... 437 House Bill 2125, concerning the Kansas professional regulated sports act ..................................... 438 Index to administrative regulations ................................................................................................ 441
Vol. 30, No. 15, April 14, 2011
Meetings/Executive Order
State of Kansas
Kansas Register
Hazlett-Hurd House 820 N.W. 3rd St., Abilene, Dickinson County Fritz Wilke House 105 N. Front St., Inman, McPherson County
395
State Historical Society

Notice of Meeting The Kansas State Historical Society will accept public comments regarding the 2011 round of Historic Preservation Fund grants from 9 a.m. to noon Friday, April 29, in the State Archives and Library at the Kansas Historical Society, 6425 S.W. 6th Ave., Topeka. Grant applicants and members of the public are welcome to comment about particular grant applications or the program in general to the grant review committee at that time. Persons requiring special accommodations to attend the meeting should contact the Cultural Resources Division of the Kansas State Historical Society, 6425 S.W. 6th Ave., Topeka, 66615-1099, (785) 272-8681, ext. 240, at least two weeks prior to the meeting to discuss how the board may ensure participation. Jennie Chinn Executive Director
Doc. No. 039213
Persons requiring special accommodations to attend the meeting should contact the Cultural Resources Division of the Kansas State Historical Society, 6425 S.W. 6th Ave., Topeka, 66615-1099, (785) 272-8681, ext. 240, at least two weeks prior to the meeting to discuss how the board may ensure participation. Jennie Chinn Executive Director
Doc. No. 039212
State of Kansas

Executive Order 11-06 WHEREAS, the Director of the Kansas Water Office has informed me, pursuant to K.S.A. 74-2608, of the drought conditions within the state; and WHEREAS, there is every indication that the present drought conditions will not abate in the near future; and WHEREAS, these drought conditions may in fact become more severe; and WHEREAS, the Kansas Emergency Management Act (K.S.A. 48-924 et seq.) states that the Governor shall be responsible for meeting the dangers to the state and its people from disasters, including drought. NOW, THEREFORE, pursuant to the authority vested in me as Governor of the State of Kansas, I hereby: 1. declare a Drought Watch or Drought Warning for the counties below; and 2. authorize and direct all agencies under the jurisdiction of the Governor to implement the appropriate Watch or Warning level drought response actions assigned to them in the Operations Plan of the Governors Drought Response Team. Drought Watch counties: Barton, Cheyenne, Clark, Cloud, Decatur, Ellis, Ellsworth, Ford, Graham, Hodgeman, Jewel, Lincoln, Mitchell, Norton, Osborne, Ottawa, Pawnee, Phillips, Rawlins, Republic, Rooks, Rush, Russell, Sherman, Sheridan, Smith, Thomas. Drought Warning counties: Finney, Grant, Gray, Greeley, Gove, Hamilton, Haskell, Kearny, Lane, Logan, Meade, Morton, Ness, Scott, Seward, Stanton, Stevens, Trego, Wallace, Wichita. County drought stages declared in the Executive Order shall remain in effect until revised or rescinded by a subsequent Executive Order. This document shall be filed with the Secretary of State as Executive Order No. 11-06 and shall become effective immediately. IT IS SO ORDERED. Dated April 7, 2011. Sam Brownback Governor
Doc. No. 039316
State of Kansas
Historic Sites Board of Review

Notice of Meeting The Kansas Historic Sites Board of Review will meet at 9 a.m. Saturday, May 14, in the classrooms in the Kansas Museum of History, 6425 S.W. 6th Ave., Topeka. The board will consider the following items: Approval of minutes of February 12, 2011 meeting. Historic Preservation Fund grant committee report and discussion. National Register of Historic Places nominations:
Murray Hill School 400 W. 3rd St., Chanute, Neosho County (Nominated as part of the Historic Public Schools of Kansas MPS) Russell County Jail & Sheriffs Residence 31 N. Kansas St., Russell, Russell County Dorrance State Bank 512 Main St., Dorrance, Russell County Cross, H. C. & Susan, House 526 Union St., Emporia, Lyon County Hoke Building 25 E. 1st Ave., Hutchinson, Reno County (Nominated as part of the Commercial & Industrial Resources of Hutchinson MPS) Sumner Elementary School 1501 5th Ave., Leavenworth, Leavenworth County (Nominated as part of the Historic Public Schools of Kansas MPS)
Register of Historic Kansas Places nominations:

Beaumont Hotel 11651 S.E. Main St., Beaumont, Butler County Beaumont State Bank 11651 S.E. 116th St., Beaumont, Butler County Palmyra Masonic Lodge 602, 604 High St., Baldwin City, Douglas County
Vol. 30, No. 15, April 14, 2011
396
State of Kansas
Kansas Register

Request for Proposals Heartland Works, Inc. is accepting proposals for the purchase, installation and maintenance of a Web-based software system that will serve as a soft skills assessment matching tool. Heartland Works is seeking an accurate, comprehensive assessment that identifies an individuals strengths and skills in core areas such as cognition, career interests and behavior. Such a system also will help to increase the opportunity for a successful match to a work environment that is supportive and responsive to the job seekers needs while meeting the specific needs of a business. To receive a request for proposal, including all specifications, contact the Heartland Works office at 5020 S.W. 28th St., Suite 100, Topeka, 66614-2348, (785) 234-0500. Proposals must be received not later than 3 p.m. Thursday, May 12. Heartland Works, Inc. welcomes all interested companies to submit a proposal. Kristine Kitchen Executive Director
Doc. No. 039308
Public Notice Under requirements of K.S.A. 2010 Supp. 65-34,117(c), records of the Division of Accounts and Reports show the unobligated balances are $2,811,358.91 in the Underground Petroleum Storage Tank Release Trust Fund and $3,979,261.56 in the Aboveground Petroleum Storage Tank Release Trust Fund at March 31, 2011. Dennis Taylor Secretary of Administration
Doc. No. 039299
State of Kansas
Legislature
Legislative Bills and Resolutions Introduced The following numbers and titles of bills and resolutions were introduced March 31-April 1 by the 2011 Kansas Legislature. Copies of bills and resolutions are available free of charge from the Legislative Document Room, 58-S, State Capitol, 300 S.W. 10th Ave., Topeka, 66612, (785) 296-4096. Full texts of bills, bill tracking and other information may be accessed at www.kslegislature.org. House Bills
HB 2405, AN ACT concerning the civil service; converting certain classified positions into unclassified positions.; amending K.S.A. 755310 and 75-5611 and repealing the existing sections, by Committee on Appropriations. HB 2406, AN ACT concerning members of the military; relating to harassment; civil cause of action; amending K.S.A. 44-1125, 44-1126 and 44-1127 and repealing the existing sections, by Committee on Taxation. HB 2407, AN ACT concerning taxation; relating to income tax, rates; sales taxation, distribution of revenues; amending K.S.A. 2010 Supp. 7932,110, 79-3620 and 79-3710 and repealing the existing sections, by Committee on Taxation.
State of Kansas

Notice of Requested On-Call Engineering Services Notice is hereby given of the commencement of the selection process for on-call civil, structural and MEP engineering services for small projects at Wichita State University. One or two firms may be selected. The contract will be for three years. For more information, contact John Gist at (316) 9785826. Firms interested in providing these services should be familiar with the requirements of Chapter 9 of the Building Design and Construction Manual at the Web site below. To be considered, one (1) .pdf file and one (1) bound proposal of the following should be provided: State of Kansas Professional Qualifications forms (051-054 inclusive) and information regarding similar projects. State of Kansas Professional Qualifications form 050 for each firm and consultant should be provided at the end. Proposals should be less than 5 MB and follow the current State Building Advisory Commission guidelines in Chapter 4 of the Building Design and Construction Manual at www.da.ks.gov/fp/manual.htm. Planning forms are available to firms at www.da.ks.gov/fp/ or by contacting Phyllis Fast, Division of Facilities Management, Suite 600, Landon State Office Building, 900 S.W. Jackson, Topeka, 66612, (785) 296-5796, Phyllis.Fast@da.ks.gov. Submittals shall be delivered to Phyllis Fast before noon April 29. Marilyn L. Jacobson, Director Division of Facilities Management
Doc. No. 039314
House Resolutions
HR 6021, By Representative Bollier, A RESOLUTION encouraging participation in the American Public Health Associations and the Kansas Public Health Associations National Public Health Week, which is April 4-10, 2011.
Senate Resolutions
SR 1843, By Senator Ostmeyer, A RESOLUTION congratulating and commending the Scott Community High School boys basketball team for winning the 2011 Kansas State High School Activities Association Basketball Championship Class 3A. SR 1844, By Senator Ostmeyer, A RESOLUTION congratulating the Ness City High School boys track and field team for winning the 2010 State Championship Class 1A. SR 1845, By Senator Faust-Goudeau, A RESOLUTION designating May as Lupus Awareness Month.

SCR 1608, By Senators V. Schmidt, Brungardt, Emler, Faust-Goudeau, Haley, Hensley, Holland, Huntington, Kelly, Kelsey, King, Kultala, Longbine, Marshall, McGinn, Morris, Ostmeyer, Owens, Reitz, A. Schmidt, Schodorf, Teichman, Umbarger and Vratil, A CONCURRENT RESOLUTION urging the President of the United States of America and members of the United States Congress not to authorize more than a 7% Community Services Block Grant program budget reduction for federal fiscal years 2011 and 2012.
Doc. No. 039289
Vol. 30, No. 15, April 14, 2011
Notices
State of Kansas
Kansas Register
397

Notice of Requested On-Call Engineering Services Notice is hereby given of the commencement of the selection process for on-call utility, power generation and distribution system engineering services for small projects at Kansas State University. The contract will be for three years. For more information, contact Abe Fattaey at (785) 5321725. Firms interested in providing these services should be familiar with the requirements of Chapter 9 of the Building Design and Construction Manual at the Web site below. To be considered, one (1) .pdf file and one (1) bound proposal of the following should be provided: State of Kansas Professional Qualifications forms (051-054 inclusive) and information regarding similar projects. State of Kansas Professional Qualifications form 050 for each firm and consultant should be provided at the end. Proposals should be less than 5 MB and follow the current State Building Advisory Commission guidelines in Chapter 4 of the Building Design and Construction Manual at www.da.ks.gov/fp/manual.htm. Planning forms are available to firms at www.da.ks.gov/fp/ or by contacting Phyllis Fast, Division of Facilities Management, Suite 600, Landon State Office Building, 900 S.W. Jackson, Topeka, 66612, (785) 296-5796, Phyllis.Fast@da.ks.gov. Submittals shall be delivered to Phyllis Fast before noon April 29. Marilyn L. Jacobson, Director Division of Facilities Management
Doc. No. 039317
City of Olathe, Kansas

Notice to Bidders Sealed bids will be received at the office of the city clerk at City Hall, 100 E. Santa Fe, Olathe, until 10 a.m. May 17, 2011, for the construction of 119th Street Geometric Improvements, I-35 Off-Ramp to Strang Line Road, KDOT Project No. 46N-0492-01, City Project No. 3-C082-09. This project will be night construction. At said time and place, and promptly thereafter, all bids that have been duly received will be publicly opened and read aloud. The work consists of the following:
Geometric improvements include widening of the northbound I-35 off-ramp to provide dual right turns, widening of 119th Street for an eastbound right turn lane at Strang Line, and modify the existing eastbound right turn lane at Strang Line into a through lane. Signal modifications also will be included at 119th and Strang Line and at the intersection of the northbound ramp and 119th Street. Improvements will include a new pavement section, storm sewer, curb and gutter, street lighting, signal modification, signing and pavement marking.
Bid documents including drawings and specifications are on file at the Olathe Office of Public Works and are
open for public inspection. Bid documents and drawings may be downloaded free of charge from www.public purchase.com. A satisfactory bid bond executed by the bidder or an acceptable surety, in an amount equal to 5 percent of the total bid for work, shall be submitted with each proposal. A scanned copy of the bid bond must be included with the online bid submittals, and the original bid bond submitted to the city at said time and date above. The successful bidder will be required to furnish and pay satisfactory performance and payment bond or bonds. Attention is called to the fact that not less than the minimum salaries and wages as set forth in the contract documents must be paid on this project, and that the contractor must ensure that employees and applicants for employment are not discriminated against because of their race, color, religion, sex or national origin. Contractors must comply with Title 29 relating to the employment of apprentices in accordance with requirements published by the U.S. Department of Labor as contained in the contract documents. Bidders are informed that the prime contractor and subcontractors are required to comply with Section 109 of the Housing and Community Development Act of 1974, Title VI of the Civil Rights Act of 1964, Executive Order 11246, and Section 3 of the Housing and Urban Development Act of 1968. Contractors responsibilities under these laws are outlined at Title 24, CFR Part 1 and Part 570, relating to nondiscrimination in federally-assisted programs of the Department of Housing and Urban Development; Title 24, Part 130, relating to equal employment opportunity under HUD-assisted construction contract; and Title 24, Part 135, relating to employment opportunities for businesses and lower income persons in connection with assisted projects. The prime general contractor, and subcontractors where appropriate, under the terms of the contract, shall be required to comply with the following requirements prior to issuance of a construction work order: (A) Maintain an affirmative action file detailing efforts to meet affirmative action hiring responsibilities and utilize minority firms as subcontractors and supplier; (B) Submit a copy of their affirmative action plan to the city for review and HUD concurrence; (C) Provide a preliminary statement of workforce needs by category for the project and goals for minorities; and (D) Attend a scheduled pre-construction conference for orientation on HUD equal opportunity and labor standards requirements. The city of Olathe reserves the right to reject any or all bids or to waive any informalities in the bidding. Bids may be held by the city of Olathe for a period not to exceed 60 days from the date of the opening of bids for the purpose of reviewing the bids and investigating the qualifications of bidders, prior to awarding the contract. City of Olathe, Kansas By Donald T. Howell City Clerk
Doc. No. 039301
Vol. 30, No. 15, April 14, 2011
398
State of Kansas
Kansas Register
Notices/RFP
Doc. No. 039288
mentation of evidence-based prevention strategies and environmental approaches through direct service delivery. The ability to provide indirect services and build capacity for the implementation of evidence-based strategies also is essential (i.e., provision of trainings of trainers, trainings of facilitators, and technical assistance in the utilization of research-based prevention planning frameworks) for supporting communities in respective regions. The period for the grant will run from July 1, 2011 through June 30, 2012, with three optional one-year renewal periods possible at the discretion of the state of Kansas, SRS/AAPS. Agencies interested in receiving a request for proposals can download the PDF copy at http://www.srs.ks.gov/ agency/as/Pages/default.aspx or may contact Daniel Klucas, 8th Floor, Docking State Office Building, 915 S.W. Harrison, Topeka, 66612-1570, (785) 296-4295. Complete proposals must be received by 5 p.m. May 13.
Region Region 1 - Barton, Cheyenne, Decatur, Ellis, Gove, Graham, Logan, Norton, Osborne, Pawnee, Phillips, Rawlins, Rooks, Rush, Russell, Sheridan, Sherman, Smith, Thomas, Trego and Wallace counties Region 2 - Barber, Clark, Comanche, Edwards, Finney, Ford, Grant, Gray, Greeley, Hamilton, Haskell, Hodgeman, Kearny, Kiowa, Lane, Meade, Morton, Ness, Pratt, Scott, Seward, Stafford, Stanton, Stevens and Wichita counties Funding Up to $294,241.70
State of Kansas
Social and Rehabilitation Services

Request for Comments The Department of Social and Rehabilitation Services is accepting public comments on the state fiscal year 2012 Social Services Block Grant. A copy of the plan, paper or electronic, may be obtained by contacting Melanie Dixon at (785) 296-6216, by e-mail at Melanie.Dixon@ srs.ks.gov, or under Hot Topics at the following Web site: http://www.srs.ks.gov/Pages/Default.aspx. Comments must be submitted in writing and received by SRS by May 16. Robert Siedlecki Secretary of Social and Rehabilitation Services
Doc. No. 039304
Up to $202,749.80
Region 3 - Clay, Cloud, Dickinson, Up to $223,269.50 Ellsworth, Geary, Jewell, Lincoln, Marshall, Nemaha, Ottawa, Pottawatomie, Republic, Riley, Saline, Wabaunsee and Washington counties Region 4 - Harper, Harvey, Kingman, McPherson, Reno, Rice, Sedgwick and Sumner counties Region 5 - Butler, Chase, Chautauqua, Coffey, Cowley, Elk, Greenwood, Lyon, Marion and Morris counties Region 6 - Atchison, Brown, Doniphan, Douglas, Franklin, Jackson, Jefferson and Miami counties Region 7 - Allen, Anderson, Bourbon, Cherokee, Crawford, Labette, Linn, Montgomery, Neosho, Wilson and Woodson counties Region 8 - Shawnee and Osage counties Region 9 - Johnson County Region 10 - Wyandotte and Leavenworth counties Up to $162,847.60
State of Kansas
Up to $199,364.60

Request for Proposals The Kansas Department of Social and Rehabilitation Services, Division of Disability and Behavioral Health Services (DBHS), Addiction and Prevention Services (AAPS), announces the release of a request for proposals to provide substance abuse prevention services within 10 regions (see below) serving all 105 counties in the state of Kansas. Successful applicants will demonstrate the capacity to provide training and technical assistance to communities and support them in implementing effective prevention processes (e.g., assessment, planning, implementation of effective prevention strategies and evaluation) to address priority local risk and protective factors associated with underage drinking, as well as address statewide prevention outcomes of reducing binge drinking and 30-day use of alcohol and tobacco among youth. Successful applicants also will have expertise in community mobilization and coalition development and have the skills and abilities necessary to support the imple Kansas Secretary of State 2011
Up to $224,689.00
Up to $229,010.20
Up to $200,415.40 Up to $292,095.00 Up to $180,156.00
Robert Siedlecki Secretary of Social and Rehabilitation Services

Doc. No. 039310
Vol. 30, No. 15, April 14, 2011
RFP/Notice
State of Kansas
Kansas Register
399

Request for Proposals The Kansas Department of Social and Rehabilitation Services, Division of Disability and Behavioral Health Services (DBHS), Addiction and Prevention Services (AAPS), announces the release of a request for proposals to provide school-based youth mentoring services to targeted districts within the state of Kansas. Successful applicants will demonstrate the ability to effectively manage a comprehensive mentoring program within targeted school districts. This will include the ability to provide administrative oversight, mentor recruitment and screening, and training, as well as the provision of essential supportive resources to school districts receiving mentoring services. The period for the grant will run from July 1, 2011 through June 30, 2012, with three optional one-year renewal periods possible at the discretion of the state of Kansas, SRS/AAPS. The total funding for this grant will be up to $153,450. Agencies interested in receiving a request for proposals can download the PDF copy at http://www.srs.ks.gov/ agency/as/Pages/default.aspx or may contact Daniel Klucas, 8th Floor, Docking State Office Building, 915 S.W. Harrison, Topeka, 66612-1570, (785) 296-4295. Complete proposals must be received by 5 p.m. May 13. Robert Siedlecki Secretary of Social and Rehabilitation Services
Doc. No. 039311
Controllers Office/Purchasing, 21 Anderson Hall, Kansas State University, Manhattan, KS 66506. Pittsburg State University Bid postings: www.pittstate.edu/ office/purchasing. Additional contact info: phone: 620-235-4169, fax: 620-235-4166, e-mail: jensch@pittstate.edu. Mailing address: Pittsburg State University, Purchasing Office, 1701 S. Broadway, Pittsburg, KS 66762-7549. University of Kansas Electronic bid postings: http:// www.purchasing.ku.edu/. Paper bid postings and mailing address: KU Purchasing Services, 1246 W. Campus Road, Room 30, Lawrence, KS 66045. Additional contact info: phone: 785864-5800, fax: 785-864-3454, e-mail: purchasing@ku.edu. University of Kansas Medical Center Bid postings: http:// www2.kumc.edu/finance/purchasing/bids.html. Additional contact info: phone: 913-588-1100, fax: 913-588-1102. Mailing address: University of Kansas Medical Center, Purchasing Department, Mail Stop 2034, 3901 Rainbow Blvd., Kansas City, KS 66160. Wichita State University Bid postings: www.wichita.edu/purchasing. Additional contact info: phone: 316-978-3080, fax: 316978-3528. Mailing address: Wichita State University, Office of Purchasing, 1845 Fairmount Ave., Campus Box 12, Wichita, KS 67260-0012.
Doc. No. 038494
State of Kansas

Request for Proposals The Kansas Department of Social and Rehabilitation Services, Division of Disability and Behavioral Health Services, Addiction and Prevention Services (AAPS), announces the release of a request for proposals for a statewide administrative and logistical coordination entity to support statewide prevention outcomes. Successful applicants will have the ability to provide coordination and logistical support for statewide prevention initiatives as well as resources and supports for AAPS and the AAPS Prevention Network. Successful applicants will have experience in information dissemination and online resources and technology supports, including the ability to develop, host and maintain an online coalition registry and mini-grant funding processes. The period for the grant will run from July 1, 2011 through June 30, 2012, with three optional one-year renewal periods possible at the discretion of the state of Kansas, SRS/AAPS. The total funding for this grant will be up to $570,000. Agencies interested in receiving a request for proposals can download the PDF copy at http://www.srs.ks.gov/ agency/as/Pages/default.aspx or may contact Daniel Klucas, 8th Floor, Docking State Office Building, 915 S.W. Harrison, Topeka, 66612-1570, (785) 296-4295. Complete proposals must be received by 5 p.m. May 13. Robert Siedlecki Secretary of Social and Rehabilitation Services
Doc. No. 039309
State of Kansas

Vol. 30, No. 15, April 14, 2011
400
State of Kansas
Kansas Register
Notices
Sealed bids, in single copy, for the work described herein will be accepted until 5 p.m. May 25 at the Switzler Creek Watershed District No. 63, 307 Montana Ave., Holton. After 5 p.m. May 25, bids will need to be taken to the place of bid opening. Bids will be publicly opened at 10 a.m. May 26 at the Burlingame City Hall, 101 Santa Fe Ave., Burlingame. If submitting bids by mail, be aware of late bid procedures in the bid packet. The mailing address for bids and contact information is as follows: Bruce Rinkes, Contracting Officer, 307 Montana Ave., Holton, 66436, (785) 364-4312. The estimated quantities and major items of work follow: Site 7 Earthfill 89,383 cubic yards Excavation, Common 78,201 cubic yards Drainfill 324 cubic yards Plastic Pipe, 8-inch diameter 320 linear feet Plastic Pipe, 18-inch diameter 13 linear feet Erosion Control Blanket 10,959 square yard Rock Riprap Bedding Material 747 cubic yards Grassed Waterways 4,881 cubic yards Reinforced Concrete Pressure Pipe, 30 inch Diameter 240 linear feet Water for Construction 1,000 MGAL Salvaging and Spreading Topsoil 55,162 sq yd Structure Concrete 39 cubic yards Steel Reinforcement 3,870 Lb Rock Riprap 3,554 tons Fence 6,630 linear feet Turf Reinforcement Mat 1,091 square yard Seeding and Mulching 29 acres The estimated price range for the work is $1,000,000 to $5,000,000. All bids of more than $100,000 must be accompanied by bid bond, certified check, cashiers check, postal money order or cash in an amount not less than 5 percent of the amount bid. The successful bidder will be required to execute a formal contract and furnish performance and payment bonds in an amount equal to 100 percent each of the total amount of the contract. Corporations executing the bonds as sureties must be among those appearing on the U.S. Treasury Departments list of approved sureties. No contract will be awarded to any firm in which any official of the sponsoring local organization, the contracting local organization, or any member of such officials immediate family has a direct or indirect pecuniary interest.
All work must be completed within 125 calendar days after the date of receipt of notice to proceed. Prospective bidders may assemble at the Burlingame City Hall, 101 Santa Fe Ave., Burlingame, at 10 a.m. May 5 for a group showing of the worksite. Complete assembly of the invitation for bids may be obtained from the contracting officer. Greg A. Foley Executive Director
Doc. No. 039293
State of Kansas

04/25/2001 04/27/2011 04/27/2011 04/27/2011 04/27/2011 04/27/2011 04/27/2011 05/03/2011 05/04/2011 05/06/2011 05/11/2011 05/12/2011 EVT0000565 Design & Implement a Public Input & Stakeholder Consultation Process EVT0000549 Street Flush, Truck Mounted EVT0000545 Fuel Tanks, Aboveground EVT0000552 Trailers, Equipment, Tilt Top EVT0000558 Mowers, Rotary, Pull Type EVT0000560 30-Day Permit Cover EVT0000561 Tractors, Wheel EVT0000562 Sealants, Crack, Hot-Applied EVT0000553 BR & Label Approval Web Application EVT0000539 Sex Offender Treatment Program EVT0000556 Direct Service Provider Training Survey EVT0000557 HCBS Waiver Home Plus Survey
05/03/2011 05/03/2011 A-011559 A-011564 ReroofFinney State Office Building, Department of Administration, Wichita Tower ReroofEisenhower State Office Building, Department of Administration, Topeka

Doc. No. 039319
Vol. 30, No. 15, April 14, 2011
Notices
State of Kansas
Kansas Register
State of Kansas
401 Department of Transportation
Notice to Consulting Engineers The Kansas Department of Transportation is seeking a qualified consulting engineering firm, prequalified in Category 211 - Highway Design-Major Facility, for a pavement preservation project as listed below. A PDF (1 Mb maximum size) of the interest response must be e-mailed to David J. Nagy, P.E., Assistant to the Bureau Chief of Design/ Contracts Engineer, at DavidN@ksdot.org. Interest responses are limited to four pages, the subject line of the email and the PDF file name must read 77-18 KA-2215-01 - Firm Name, and must be received by noon April 28 for the consulting engineering firm to be considered.
77-18 KA-2215-01 Pavement Preservation Project The scope of the services is to prepare a set of plans for the Pavement Preservation Project 77-18 KA-2215-01 on US-77 from Arkansas City to Winfield (9.4 miles). The current estimate for construction is $28.0 million and is scheduled for a February 2016 letting.
56-59 KA-2192-01 Pavement Preservation Project The scope of the services is to prepare a set of plans for the Pavement Preservation Project 56-59 KA-2192-01 on US-56 from Eby Street to RS-319 junction in McPherson. The current estimate for construction is $5.0 million and is scheduled for an October 2015 letting.
The Consultant Shortlist Committee will select three to five of the most highly qualified firms expressing interest and schedule an individual interview. The consulting firms can more thoroughly discuss their experience related to the project at the interview and will be expected to discuss their approach to this project in detail and the personnel to be assigned to this project. Firms not selected to be short-listed will be notified. Categories may be viewed at www.ksdot.org/divengdes/prequal. The Consultant Selection Committee, appointed by the Secretary of Transportation, will conduct the discussions with the firms invited to the individual interview conferences. The committee will select one firm to perform the professional services required for completing the advertised project. After the selection, the firm(s) not selected will be notified of the outcome. It is KDOTs policy to use the following criteria as the basis for selection of the consulting engineering firms: 1. Size and professional qualifications. 2. Experience of staff. 3. Location of firm with respect to project(s). 4. Work load of firm. 5. Firms performance record. The firms accounting systems must have the following capabilities before the firm may be awarded a contract: Valid, reliable and current costs must be available within the system to support cost and pricing data. Capability to provide a means of measuring the reasonableness of incurred costs. Capability to identify and accumulate allowable costs by contract or project records that will reconcile with the general ledger. Ability to provide supporting documentation of actual expenditures for each billing, based on costs. For more information, contact David Nagy at DavidN@ksdot.org. Deb Miller Secretary of Transportation
Doc. No. 039294
Doc. No. 039295
Vol. 30, No. 15, April 14, 2011
402
State of Kansas
Kansas Register
State of Kansas
Notices Department of Transportation
36-45 KA-2191-01 Pavement Preservation Project The scope of the services is to prepare a set of plans for the Pavement Preservation Project 36-45 KA-2191-01 on US-36 in and near Mankato (1.4 miles). The current estimate for construction is $4.3 million and is scheduled for an October 2015 letting.
Notice to Consulting Engineers The Kansas Department of Transportation is seeking well qualified consulting engineering firms, prequalified as a minimum in Category 211 - Highway Design-Major Facility, for on-call design services with potential project descriptions as listed below. A PDF (1 Mb maximum size) of the interest response must be e-mailed to David J. Nagy, P.E., Assistant to the Bureau Chief of Design/Contracts Engineer, at DavidN@ksdot.org. Interest responses are limited to four pages, the subject line of the e-mail and the PDF file name must read On-Call Design Services - Firm Name, and must be received by noon April 28 for the consulting engineering firm to be considered.
On-Call Design Services Projects The scope of the services will vary, but these services are anticipated for compressed schedule projects where time is of the essence. A wide range of possible services may be required for these projects, including but not limited to: roadway design, bridge design, traffic engineering, hydraulics and hydrology.
The Consultant Shortlist Committee will select three to five of the most highly qualified firms expressing interest and schedule an individual interview. The consulting firms can more thoroughly discuss their experience related to the project at the interview and will be expected to discuss their approach to this project in detail and the personnel to be assigned to this project. Firms not selected to be short-listed will be notified. Categories maybe viewed at www.ksdot.org/divengdes/prequal. The Consultant Selection Committee, appointed by the Secretary of Transportation, will conduct the discussions with the firms invited to the individual interview conferences. The committee will select one firm to perform the professional services required for completing the advertised project. After the selection, the firm(s) not selected will be notified of the outcome. It is KDOTs policy to use the following criteria as the basis for selection of the consulting engineering firms: 1. Size and professional qualifications. 2. Experience of staff. 3. Location of firm with respect to project(s). 4. Work load of firm. 5. Firms performance record. The firms accounting systems must have the following capabilities before the firm may be awarded a contract: Valid, reliable and current costs must be available within the system to support cost and pricing data. Capability to provide a means of measuring the reasonableness of incurred costs. Capability to identify and accumulate allowable costs by contract or project records that will reconcile with the general ledger. Ability to provide supporting documentation of actual expenditures for each billing, based on costs. For more information, contact David Nagy at DavidN@ksdot.org. Deb Miller Secretary of Transportation
Doc. No. 039298
The Consultant Shortlist Committee will select 15 to 20 of the most highly qualified firms expressing interest and schedule an individual interview. The consulting firms can more thoroughly discuss their experience related to the project at the interview and will be expected to discuss their approach to this project in detail and the personnel to be assigned to this project. Firms not selected to be short-listed will be notified. Categories may be viewed at www.ksdot.org/divengdes/prequal. The Consultant Selection Committee, appointed by the Secretary of Transportation, will conduct the discussions with the firms invited to the individual interview conferences. The committee will select one firm to perform the professional services required for completing the advertised project. After the selection, the firm(s) not selected will be notified of the outcome. It is KDOTs policy to use the following criteria as the basis for selection of the consulting engineering firms: 1. Size and professional qualifications. 2. Experience of staff. 3. Location of firm with respect to project(s). 4. Work load of firm. 5. Firms performance record. The firms accounting systems must have the following capabilities before the firm may be awarded a contract: Valid, reliable and current costs must be available within the system to support cost and pricing data. Capability to provide a means of measuring the reasonableness of incurred costs. Capability to identify and accumulate allowable costs by contract or project records that will reconcile with the general ledger. Ability to provide supporting documentation of actual expenditures for each billing, based on costs. For more information, contact David Nagy at DavidN@ksdot.org. Deb Miller Secretary of Transportation
Doc. No. 039300
Vol. 30, No. 15, April 14, 2011
State of Kansas
Kansas Register
403
Secretary of State
Notice of Corporations Forfeited In accordance with K.S.A. 17-7510, the articles of incorporation of the following corporations organized under the laws of Kansas and the authority of the following foreign corporations authorized to do business in Kansas were forfeited during the month of March 2011 for failure to timely file an annual report and pay the annual report fee as required by the Kansas general corporation code: Domestic Corporations
A B C & E, Inc., Sharon Springs, KS. Abilene Downtown Association, Abilene, KS. Active Purpose Association, Wichita, KS. Alumni of Kansas Chapter of Delta Upsilon, Overland Park, KS. American Legion Auxiliary Unit #17, Inc., Manhattan, KS. Aurbach, Inc., Wichita, KS. Blue Valley Northwest Bandwagon Club, Overland Park, KS. Brooks Publishing Co., Inc., Lenexa, KS. Burtons Inc., Atlanta, GA. Cedar Ridge Christian Church, Lenexa, KS. Center for Financial Training - Great Plains Region, Inc., Wichita, KS. Cheyenne Country, Inc., Ottawa, KS. Coffey County Council for the Arts, Inc., Waverly, KS. Conway Springs Cardinals Booster Club, Conway Springs, KS. Dillons Custom Kitchens, Inc., Topeka, KS. Downs Historical Society, Downs, KS. Flinthills Breadbasket, Inc., Manhattan, KS. Floor Covering, Inc., Eudora, KS. Foundation for Genetic Technology, Biloxi, MS. Grand Conclave True Kindred of the State of Kansas, Shawnee, KS. H & R Restaurant Enterprises, LLC, Overland Park, KS. Halford Cattle Company, Inc., Colby, KS. Hearts With Hands Eldercare Physicians, P.A., Shawnee, KS. Housing Corporation of Epsilon-Epsilon Chapter of Sigma Pi Fraternity, Topeka, KS. HRE Dining, LLC, Leawood, KS. Humboldt Lions Club, Humboldt, KS. Independence Wrestling Club Boosters, Inc., Independence, KS. K State CVM Class of 2013 Fund, Manhattan, KS. Kansas Beer Wholesalers Association, Inc., Topeka, KS. Kansas Chamber of Commerce and Industry, Inc., Topeka, KS. Kansas City Chamber Orchestra Incorporated, Prairie Village, KS. Kansas Council of Genealogical Societies, Inc., Topeka, KS. Kansas Family Advisory Network, Inc., Hutchinson, KS. Kansas Federation of Business and Professional Womens Club, Ottawa, KS. Kappa Kappa Gamma House Association, Lawrence, KS. KC Chorale Corp., Overland Park, KS. Lawrence Cheer Booster Club, Inc., Lawrence, KS. Lions Club of Moundridge, Moundridge, KS. Marion Lions Club, Marion, KS. Mastercraft Pattern, Inc., Frontenac, KS. McBride Electric, Inc., San Diego, CA. Midwest Christian Schools Association, Prairie Village, KS. Midwest Film Coating LLC, Pratt, KS. National Tax Sheltered Accounts Association, Lawrence, KS. Never Too Much KC, Inc., Kansas City, KS. New Direction House, Inc., Lawrence, KS. New Directions Ministry, Incorporated, Shawnee, KS.
New 2 You Furniture Inc., Junction City, KS. Nomar Theatre, Inc., Wichita, KS. Parallax Program, Inc., Wichita, KS. Parkdale Investment Group, Inc., Wichita, KS. Peepers Optical, Inc., Overland Park, KS. Piper Community Education Association, Kansas City, KS. Prestige Homes Inc., Mayfield, KS. PSU Pi Kappa Alpha, Inc., Pittsburg, KS. Region I Emergency Medical Services Development, Kanorado, KS. Scottie Booster Club, Highland, KS. Sertoma Club of Lawrence, Kansas, Inc., Lawrence, KS. Silvers Veneer & Lumber Co., Cameron, MO. Sonflowers Inc., Topeka, KS. South Central Kansas Transit Council, Inc., Winfield, KS. Stilwell Community Organization, Inc., Stilwell, KS. Stockton Educational Endowment Association, Inc., Stockton, KS. Tau Kappa Epsilon Building Association, Manhattan, KS. The Gold Dust, Inc., Fredonia, KS. The Greater Kansas City Shetland Sheepdog Club, Inc., Overland Park, KS. The Kansas TEKE Foundation, Lenexa, KS. The Markham-Harpster Educational Foundation, Overland Park, KS. The Pilot Club of Lenexa, Shawnee, KS. The Voiture Locale Number 1510 of La Societe Des 40 Hommes Et 8, Shawnee Mission, KS. The Waldorf Association of Greater Kansas City, Gardner, KS. The Wichita Downtown Lions Club, Wichita, KS. Wichita Chamber Chorale Incorporated, Wichita, KS. Willow Creek Farms Inc., Lenexa, KS. Wisehart Ministries, Inc., Indianapolis, IN. Yu And Wang Incorporated, Leawood, KS. 9 Mile Boring & Trenching, Inc., Spring Hill, KS.
Advisory Credit Management, Inc., Plantation, FL. Becker S Inc., Lenexa, KS. Blue Lake Rancheria Development Corporation, Blue Lake, CA. BSD Medical Corporation, Salt Lake City, UT. Comark Building Systems, Inc., De Soto, TX. Comcast-Spectacor Foundation, Philadelphia, PA. Cornerstone Wireless Construction Services, Inc., Indianapolis, IN. Dendy Mechanical Contractors, Inc., Albertville, AL. First Christian Missionary Baptist Church Inc., Indianapolis, IN. Hudson & Keyse, L.L.C., Painesville, OH. Innovative Media Inc., Thornwood, NY. Lange Logistics, Inc., Springfield, IL. Lawns to C Enterprise LLC, Kansas City, MO. SDI of Hesston, Kansas (E. Lincoln), L.L.C., Oklahoma City, OK. SDI of Wichita, Kansas (355 S. Greenwich Rd.), L.L.C., Oklahoma City, OK. SDI of Wichita, KS (13535 W. Maple St) L.L.C., Oklahoma City, OK. St. Johns Medical Group, Denver, CO. Tom Lange Company, Inc., Springfield, IL.

Doc. No. 039292
Vol. 30, No. 15, April 14, 2011
404
State of Kansas
Kansas Register
State Corporation Commission
Hearing
The State Corporation Commission will conduct a public hearing at 10:30 a.m. Wednesday, July 6, in the first floor hearing room at the office of the State Corporation Commission, 1500 S.W. Arrowhead Road, Topeka, to consider the adoption of proposed rules and regulations of the commission on a permanent basis. This notice exceeds the 60-day notice requirement of the pending public hearing and shall constitute the beginning of the public comment period for the purpose of receiving written public comments on the proposed rules and regulations. All interested parties may submit written comments prior to the hearing to Judy Jewsome, Litigation Counsel, State Corporation Commission, 1500 S.W. Arrowhead Road, Topeka, 66604, or by e-mail to j.jewsome@kcc.ks.gov. All interested parties will be given a reasonable opportunity to present their views orally regarding the adoption of the proposed regulations during the public hearing. In order to provide all parties an opportunity to present their views, it may be necessary to request that each participant limit any oral presentation to five minutes. Any individual with a disability may request accommodation in order to participate in the public hearing and may request the proposed regulations and economic impact statements in an accessible format. Requests for accommodation should be made at least five working days in advance of the hearing by contacting Dawn Dubach at (785) 271-3113 or the Kansas Relay Center at (800) 7663777. The main entrance located on the southwest side of the building is handicapped accessible. Handicapped parking is located on the southwest side of the State Corporation Commission parking lot. A summary of the proposed regulations and the economic impact for each follows: (Note: Statements indicating that a regulation is not anticipated to have any economic impact are intended to indicate that no economic impact on the State Corporation Commission, other state agencies, state employees or the general public has been identified.) K.A.R. 82-4-1. This regulation defines the terms used in Article 4 Motor Carriers of Persons and Property. The proposed amendments to this regulation include edits to reflect the most recent Federal Motor Carrier Safety Administration updates and minor grammar and form corrections. The commission does not anticipate an economic impact resulting from the adoption of this proposed regulation. K.A.R. 82-4-2a. This proposed regulation explains the commissions jurisdiction with regards to the inspection of motor carrier operations, equipment and records, and clarifies the commissions authority to designate certain members of the Kansas Highway Patrol and agency agents the authority to inspect and examine motor carrier records and equipment for the purpose of determining compliance with the Kansas motor carrier safety rules and regulations and the requirements for certificates, per Kansas Secretary of State 2011
mits and licenses. The commission does not anticipate an economic impact resulting from the adoption of this proposed regulation. K.A.R. 82-4-3a. This regulation adopts relevant portions of the Federal Motor Carrier Safety Administrations (FMCSA) regulations (Title 49 C.F.R. Part 395) governing the maximum driving times for property-carrying and/or passenger-carrying commercial motor vehicles. The proposed amendments to this regulation include edits to reflect minor grammar and form corrections and the most recent updates to FMCSAs regulations. The commission does not anticipate an economic impact resulting from the adoption of the proposed amendments to this existing regulation. K.A.R. 82-4-3f. This regulation adopts relevant portions of the Federal Motor Carrier Safety Administrations (FMCSA) regulations (Title 49 C.F.R. 390), which establish the minimum safety requirements to be followed by motor carriers and their employees, the safety standards for commercial motor vehicles and intermodal equipment. The commission does not anticipate an economic impact resulting from the adoption of this proposed regulation. This is an existing regulation establishing minimum safety requirements for those motor carriers and drivers operating commercial motor vehicles. K.A.R. 82-4-3g. This regulation establishes the minimum duties of motor carriers with respect to the qualifications for their drivers who drive commercial motor vehicles. This regulation also establishes the minimum qualifications for those drivers who are owner and operators of the commercial motor vehicles. The proposed edits clarify the applicability of 49 C.F.R. 391.11(b)(1) to interstate operations only and are necessary to ensure compatibility with the federal regulations as required in 49 C.F.R. 350. The commission does not anticipate an economic impact resulting from the adoption of the proposed amendments to this existing regulation. K.A.R. 82-4-3i. This regulation adopts relevant portions of the Federal Motor Carrier Safety Administrations (FMCSA) regulations (Title 49 C.F.R. Part 393) governing the parts and accessories necessary for the safe operation of commercial motor vehicles. The proposed amendments to this regulation include edits to reflect minor grammar and form corrections, and deletions and additions required to reflect the most recent updates to FMCSAs regulations. The commission does not anticipate an economic impact resulting from the adoption of the proposed amendments to this existing regulation. K.A.R. 82-4-6d. This existing regulation establishes the application procedures for motor carriers and their drivers with regards to waivers of the federal physical fitness requirements. Drivers not meeting the physical requirements established in Title 49 C.F.R. 391 may not operate a commercial motor vehicle without a valid waiver. This application process permits certain drivers an additional opportunity to prove fitness to operate a commercial motor vehicle. The commission does not anticipate an economic impact resulting from the adoption of this proposed regulation. K.A.R. 82-4-8a. This existing regulation establishes the minimum requirement for safety equipment that must be
Vol. 30, No. 15, April 14, 2011
Hearings
Kansas Register
405
maintained by motor carriers and drivers of commercial motor vehicles. The proposed edits to this regulation adopt the Environmental Protection Agencys (EPA) toxicity standards set out in 40 C.F.R. Part 82, Subpart G. Additionally, the edits include minor grammar and form changes. The commission does not anticipate an economic impact resulting from the adoption of this proposed regulation. K.A.R. 82-4-20. This regulation establishes the minimum requirements and standards to be observed in the transportation of hazardous materials by motor carriers and operators of commercial motor vehicles. Title 49 C.F.R. 350 requires each state to adopt, implement and enforce the Federal Hazardous Materials Rules and Regulations. The purpose of the proposed edits to this existing regulation is to adopt the most current published version of the Federal Hazardous Material Safety Rules and Regulations in a manner that meets the federal compatibility requirements. The commission does not anticipate an economic impact resulting from the adoption of the proposed amendments to this existing regulation. Susan K. Duffy Executive Director
Doc. No. 039307
State of Kansas
Board of Regents
Notice of Hearing on Proposed Administrative Regulations A public hearing will be conducted at 10 a.m. Monday, June 13, in the Board of Regents board room, 1000 S.W. Jackson, Suite 520, Topeka, to consider the adoption of 12 new rules and regulations and the amendment of 13 existing regulations, all relating to qualified admissions. This 60-day notice of the public hearing shall constitute a public comment period for the purpose of receiving written public comment on the proposed rules and regulations. All interested parties may submit written comments prior to the hearing to Julene Miller, Kansas Board of Regents, 1000 S.W. Jackson, Suite 520, Topeka, 666121368. All interested parties will be given a reasonable opportunity to present their views orally on the adoption of the proposed regulations during the hearing. Any individual with a disability may request accommodation in order to participate in the public hearing and may request the proposed regulations and economic impact statements in an accessible format. Requests for accommodation should be made at least five working days in advance of the hearing by contacting Renee Burlingham at (785) 296-3689. Copies of the regulations and the economic impact statements may be obtained by contacting Renee Burlingham. A summary of the proposed regulations and the economic impact follows: Article 29.QUALIFIED ADMISSION K.A.R. 88-29-1 defines key terms for the regulations. The amendments rename the existing three exception windows by removing the percentage from the name (the percentages remain the same, but are dealt with in the
substantive regulation rather than the definitional regulation), and a new exception window definition is created for nonresident freshmen admissions (this window will replace the current conditional admission category for nonresident freshmen). Also, a new definition is added for transferable college credit hours. K.A.R. 88-29-3 establishes admission categories. The amendments remove obsolete language, eliminate reference to the conditional admission category, and add references to new K.A.R. 88-29a-9. K.A.R. 88-29-4 establishes admission standards for transfer students. The amendments remove the words ten percent from the names for the exception windows. K.A.R. 88-29-5 establishes admission standards for resident freshmen who are under age 21. The amendments limit the rules application to students who graduate before 2015 and remove the words ten percent from the name for the exception window. K.A.R. 88-29-6 establishes admission standards for resident freshmen who are age 21 or older. The amendments limit the rules application to students who graduate before 2015 and remove the words ten percent from the name for the exception window. K.A.R. 88-29-7 establishes admission standards for nonresident freshmen. The amendments clarify that the regulation applies only to applicants who are under age 21, and replace the conditional admission category with an exception window. K.A.R. 88-29-7a is a new regulation that would establish admission standards for nonresident applicants who are age 21 or older. The regulation replaces the conditional admission category with an exception window. K.A.R. 88-29-8 describes how universities shall calculate the size of the exception window for resident freshman class admissions, which is a method to admit a limited number of residents who do not meet the requisite minimum admission standards. The amendments limit the rules application to students who graduate before 2015 and remove the words ten percent from the name for the exception window. K.A.R. 88-29-8c is a new regulation that would create an exception window for nonresident freshmen applicants who do not meet the requisite minimum admission standards. The regulation is patterned after K.A.R. 88-298 in terms of how the 10 percent maximum is calculated and its application is limited to students who graduate before 2015. This exception window would take the place of the conditional admission category for nonresidents. K.A.R. 88-29-9 requires state universities to adopt admission policies, which are subject to board approval. The amendments limit the rules application to students who graduate before 2015, replace the conditional admission category with an exception window, and incorporate provisions that were previously in K.A.R. 88-29-10. K.A.R. 88-29-10 establishes methods for state universities to evaluate qualifications for admission. The amendments limit the rules application to students who graduate before 2015 and remove provisions that were moved to K.A.R. 88-29-9. K.A.R. 88-29-11 establishes minimum requirements for a high schools qualified admission precollege curricu(continued)
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Kansas Register
Hearing
lum. The amendments limit the rules application to students who graduate before 2015, or before 2010, and enable utilization of the common course codes used by Kansas high schools rather than the boards course content requirements set forth in current regulations. K.A.R. 88-29-12 establishes a process by which accredited Kansas high schools can establish an approved qualified admission precollege curriculum. The amendments incorporate references to new regulations and enable utilization of the common course codes used by Kansas high schools rather than the boards course content requirements set forth in current regulations. K.A.R. 88-29-18 establishes functional equivalents of the qualified admission precollege curriculum for Kansas residents. The amendments limit the rules application to students who graduate before 2015. K.A.R. 88-29-19 establishes functional equivalents of the qualified admission precollege curriculum for nonresidents. The amendments limit the rules application to students who graduate before 2015. Article 29a.STATE UNIVERSITY ADMISSIONS (all new) K.A.R. 88-29a-5 establishes admission standards for resident freshmen under age 21 who apply for admission for the 2015 summer session or later. Standards beyond those currently required include completion of either the Regents precollege curriculum or Kansas Scholars curriculum with a 2.0 or better in addition to achieving a 21 ACT or ranking top third in the applicants high school class, and having a cumulative GPA of at least 2.0 on all transferable college credit hours. K.A.R. 88-29a-6 establishes admission standards for resident freshmen who are age 21 or older and who apply for admission for the 2015 summer session or later. Standards beyond those currently required include having a cumulative GPA of at least 2.0 on all transferable college credit hours. K.A.R. 88-29a-7 establishes admission standards for nonresident freshmen under age 21 who apply for admission for the 2015 summer session or later. Standards beyond those currently required include completion of either the Regents precollege curriculum or Kansas Scholars curriculum (or functional equivalents) with a 2.5 or better in addition to achieving a 21 ACT or ranking top third in the applicants high school class, and having a cumulative GPA of at least 2.0 on all transferable college credit hours. K.A.R. 88-29a-7a establishes admission standards for nonresident freshman applicants who are age 21 or older. Standards beyond those currently required include having a cumulative GPA of at least 2.0 on all transferable college credit hours. K.A.R. 88-29a-8 describes how universities shall calculate the size of the exception window for resident freshman class admissions, which is a method to admit a limited number of residents who do not meet the requisite minimum admission standards. This regulation shall be effective beginning with the 2015 summer session. K.A.R. 88-29a-8c would expand the exception window for nonresident freshmen applicants who do not meet the requisite minimum admission standards. The regulation
is patterned after K.A.R. 88-29a-8 in terms of how the percent maximum is calculated and its application is limited to students who apply for admission in the 2015 summer session or later. K.A.R. 88-29a-9 requires state universities to adopt admission policies, which are subject to board approval. This regulation shall be effective beginning with the 2015 summer session and incorporates the requirements of the new Article 29a regulations. K.A.R. 88-29a-10 establishes methods for state universities to evaluate qualifications for admission. This regulation shall be effective beginning with the 2015 summer session and incorporates the requirements of the new Article 29a regulations. K.A.R. 88-29a-11 establishes minimum requirements for a high schools qualified admission precollege curriculum for students who graduate from high school in academic year 2014-2015 or later. Changes to the required curriculum include requiring three units of math and achievement of the ACT or SAT college readiness math benchmark, or else four units of math, one of which must be taken in the year the student graduates. Also included is a new section requiring three units of elective courses chosen from prescribed categories. K.A.R. 88-29a-18 establishes functional equivalents of the qualified admission precollege curriculum for Kansas residents. This regulation will apply to students who graduate from high school in academic year 2014-2015 or later and incorporates the requirements of the new Article 29a regulations. K.A.R. 88-29a-19 establishes functional equivalents of the qualified admission precollege curriculum for nonresidents. This regulation will apply to students who graduate from high school in academic year 2014-2015 or later and incorporates the requirements of the new Article 29a regulations. Economic Impact: The adoption of these regulations would result in no economic impact on the board, governmental agencies generally, or the general public. Further, there is no anticipated economic impact on the state universities or high schools, with the possible exception of additional costs associated with provision of the additional unit of math for students not meeting the ACT college readiness benchmark for math. The board has attempted to mitigate any burden in this regard by making clear that the additional math unit can be any math course prescribed by the school district that is designed to prepare students for college. Dual enrollment, concurrent enrollment and online math courses may be used to fulfill the requirement. Although processes may change slightly with these regulation amendments, state universities already evaluate each application for admission, and high schools already develop curriculum for their precollege courses. However, use of the common course codes should lessen the burden on both the high schools and the board office in determining which courses fit the curriculum requirements. Andy Tompkins President and CEO
Doc. No. 039318
Vol. 30, No. 15, April 14, 2011

State of Kansas
Kansas Register
407

Request for Comments The Kansas Department of Health and Environment is soliciting comments regarding a proposed air quality operating permit. Westar Energy, Inc.-Neosho Energy Center has applied for a Class I operating permit renewal in accordance with the provisions of K.A.R. 28-19-510 et seq. The purpose of a Class I permit is to identify the sources and types of regulated air pollutants emitted from the facility; the emission limitations, standards and requirements applicable to each source; and the monitoring, record keeping and reporting requirements applicable to each source as of the effective date of permit issuance. Westar Energy, Inc.-Neosho Energy Center, 818 S. Kansas Ave., P.O. Box 889, Topeka, 66601, owns and operates a power plant located at 2365 22000 Road, Parsons, Labette County. A copy of the proposed permit, permit application, all supporting documentation and all information relied upon during the permit application review process is available for a 30-day public review during normal business hours at the KDHE, Bureau of Air, 1000 S.W. Jackson, Suite 310, Topeka; and a copy of the proposed permit can be reviewed at the KDHE Southeast District Office, 1500 W. 7th, Chanute. To obtain or review the proposed permit and supporting documentation, contact Jessica Webb, (785) 296-1578, at the KDHE central office; and to review the proposed permit only, contact Doug Cole, (620) 431-2390, at the KDHE Southeast District Office. The standard departmental cost will be assessed for any copies requested. Direct written comments or questions regarding the proposed permit to Jessica Webb, KDHE, Bureau of Air, 1000 S.W. Jackson, Suite 310, Topeka, 66612-1366. In order to be considered in formulating a final permit decision, written comments must be received before the close of business May 16. A person may request a public hearing be held on the proposed permit. The request for a public hearing shall be in writing and set forth the basis for the request. The written request must be submitted to Sharon Burrell, Bureau of Air, not later than the close of business May 16 in order for the Secretary of Health and Environment to consider the request. The U.S. Environmental Protection Agency has a 45day review period, which will start concurrently with the 30-day public comment period, within which to object to the proposed permit. If the EPA has not objected in writing to the issuance of the permit within the 45-day review period, any person may petition the administrator of the EPA to review the permit. The 60-day public petition period will directly follow the EPAs 45-day review period. Interested parties may contact KDHE to determine if the EPAs 45-day review period has been waived. Any such petition shall be based only on objections to the permit that were raised with reasonable specificity during the public comment period provided for in this notice, unless the petitioner demonstrates that it was im-
practicable to raise such objections within such period, or unless the grounds for such objection arose after such period. Contact Patricia Scott, U.S. EPA, Region VII, Air Permitting and Compliance Branch, 901 N. 5th St., Kansas City, KS 66101, (913) 551-7312, to determine when the 45day EPA review period ends and the 60-day petition period commences. Robert Moser, M.D. Secretary of Health and Environment
Doc. No. 039291
State of Kansas

Request for Comments The Kansas Department of Health and Environment is soliciting comments regarding a proposed air quality construction permit. Kansas City Power and Light (KCPL) generating station has applied for an air quality construction permit in accordance with the provisions of K.A.R. 28-19-300. Kansas City Power and Light owns and operates La Cygne generating station, 25166 E. 2200 Road, La Cygne, 66040. KCPL is proposing to replace two stacks for two existing boilers (units 1 and 2) at the La Cygne generating station with a single dual-flue stack. The stack replacement project is necessary in order to accommodate the exhaust for controls that will be installed to reduce emissions. An emission increase is not expected to result from the replacement of the stacks. A copy of the proposed permit, permit application, all supporting documentation and all information relied upon during the permit application review process is available for public review for a period of 30 days from the date of publication during normal business hours at the KDHE, Bureau of Air, 1000 S.W. Jackson, Suite 310, Topeka; and a copy of the proposed permit can be reviewed at the KDHE Southeast District Office, 1500 W. 7th, Chanute. To obtain or review the proposed permit and supporting documentation, contact Mindy Bowman, (785) 296-6421, at the KDHE central office; and to review the proposed permit only, contact Doug Cole, (620) 2966421, at the KDHE Southeast District Office. The standard departmental cost will be assessed for any copies requested. Direct written comments or questions regarding the proposed permit to Mindy Bowman, KDHE, Bureau of Air, 1000 S.W. Jackson, Suite 310, Topeka, 66612-1366. In order to be considered in formulating a final permit decision, written comments must be received before the close of business May 16. A person may request a public hearing be held on the proposed permit. The request for a public hearing shall be in writing and set forth the basis for the request. The written request must be submitted to Sharon Burrell, Bureau of Air, not later than the close of business May 16 in order for the Secretary of Health and Environment to consider the request. Robert Moser, M.D. Secretary of Health and Environment
Doc. No. 039297
Vol. 30, No. 15, April 14, 2011
408
State of Kansas
Kansas Register
Notice
This permit is being reissued for an existing facility with a maximum capacity of 2,400 head (960 animal units) of swine more than 5 pounds. There is no change in the permitted animal units from the previous permit. Name and Address Legal Receiving of Applicant Description Water Kathleen Sinn NW/4 of Section 14, Kansas River 5990 Silver Creek Road T09S, R06E, Riley Basin Manhattan, KS 66503 County Kansas Permit No. A-KSRL-S004 This permit is being reissued for an existing facility with a maximum capacity of 449 head (179.6 animal units) of swine more than 55 pounds, 430 head (43 animal units) of swine 55 pounds or less, 100 head (100 animal units) of cattle more than 700 pounds and 175 head (87.5 animal units) of cattle 700 pounds or less, for a total of 410.1 animal units. There is no change in the permitted animal units from the previous permit. Name and Address Legal Receiving of Applicant Description Water Zoltenko Farms Inc. NW/4 of Section 19, Lower Republican River Basin (South Stud) T01S, R05W, James A. Zoltenko Republic County 2195 Road 10 Courtland, KS 66939 Kansas Permit No. A-LRRP-S025 This permit is being reissued for an existing facility with a maximum capacity of 720 head (288 animal units) of swine more than 55 pounds. There is no change in the permitted animal units from the previous permit.
Public Notice Concerning Kansas/Federal Water Pollution Control Permits and Applications In accordance with Kansas Administrative Regulations 28-16-57 through 63, 28-18-1 through 15, 28-18a-1 through 32, 28-16-150 through 154, 28-46-7, and the authority vested with the state by the administrator of the U.S. Environmental Protection Agency, various draft water pollution control documents (permits, notices to revoke and reissue, notices to terminate) have been prepared and/or permit applications have been received for discharges to waters of the United States and the state of Kansas for the class of discharges described below. The proposed actions concerning the draft documents are based on staff review, applying the appropriate standards, regulations and effluent limitations of the state of Kansas and the Environmental Protection Agency. The final action will result in a Federal National Pollutant Discharge Elimination System Authorization and/or a Kansas Water Pollution Control permit being issued, subject to certain conditions, revocation and reissuance of the designated permit or termination of the designated permit. Public Notice No. KS-AG-11-059/063 Pending Permits for Confined Feeding Facilities
Name and Address Legal Receiving of Applicant Description Water Jewell County Feeders, LLC SW/4 of Section 10, Solomon River Randy & Becky Dean T03S, R09W, Jewell Basin 1026 Q Road County Mankato, KS 66956 Kansas Permit No. A-SOJW-C001 Federal Permit No. KS0119695 This is a permit modification and reissuance for an expanding livestock facility with a proposed maximum capacity of 6,500 head (6,500 animal units) of cattle weighing greater than 700 pounds. This represents an increase in the permitted animal units from the previous permit. Proposed modifications to the facility include the construction of two sediment basins, open lot pens, manure storage area and a manure transfer pipeline. Modifications also will be made to the west retention structure. This facility has an approved nutrient management plan on file with KDHE. Name and Address Legal Receiving of Applicant Description Water Supreme Cattle Feeders, All of Section 16 & Cimarron River LLC SE/4 of Section 17, Basin Mike Veltri T32S, R33W, 19016 Road I Seward County Kismet, KS 67859 Kansas Permit No. A-CISW-C002 Federal Permit No. KS0041599 This permit is being reissued for an existing facility for 85,000 head (85,000 animal units) of cattle weighing more than 700 pounds. There is no change in the permitted animal units from the previous permit. An approved nutrient management plan for the facility is on file with KDHE. Name and Address Legal of Applicant Description Scott Strathman SW/4 of Section 15, 414 Hwy. 62 T05S, R13E, Goff, KS 66428 Nemaha County Kansas Permit No. A-KSNM-S029 Receiving Water Kansas River Basin
Notice of Intent to Terminate Pursuant to the requirements of K.A.R. 28-16-60 and K.A.R. 28-16-62, the Kansas Department of Health and Environment hereby provides notice of intent to terminate the following KDHE-issued permits:
Project Name Sunrise Addition PSU Parking Lot Improvements Monterey Bluffs Stephens Noller Highlands (West & East) Elk River (Lower) FRD 18 Elk River (Upper) FRD 46 Bea Martin Peck Animal Shelter 600 Seat Contact Center 2009 Residential St. Program Part II & 2008 & 2009 CDBG Street Program Arbor Lake - 2nd Plat City Center Clear Creek Parkway Corbin Park Backwoods Foxfield Court - 2nd Plat Frontier Medical Plaza Greens of Chapel Creek - 4th Plat Greenwood Business Center (fka Greenwood Plaza) Lake at Southwick - Phase 2 MacKenzie Park Mills Farm - 7th Plat (Relocation) Mur-Len Crossing Olathe East High School Olathe North High School Olathe Northwest High School Olathe South High School Plaza Pointe Lot 11 Signature Bank KC Woodland Reserve, 2nd Plat Frontier Farm Credit Smoky Hills Wind Farm 8-Mile Farm Subdivision Project City Rose Hill Pittsburg Lawrence Lawrence Abilene Howard Howard Ottawa Junction City Overland Park Lenexa Lenexa Shawnee Overland Park Olathe Olathe Shawnee Olathe Stilwell Olathe Overland Park Olathe Olathe Olathe Olathe Olathe Leawood Overland Park Lenexa Parsons Lincoln Leavenworth Permit No. S-WA13-0010 S-NE57-0033 S-KS31-0072 S-KS31-0119 S-SH01-0011 S-VE27-0002 S-VE22-0007 S-MC31-0047 S-SH45-0034 S-KS55-0181 S-KS34-0136 S-KS34-0183 S-KS68-0083 S-KS55-0168 S-KS52-0133 S-KS52-0167 S-KS68-0154 S-MO14-0015 S-MO32-0019 S-KS52-0168 S-KS55-0167 S-MO14-0101 S-MO14-0134 S-KS52-0246 S-KS52-0248 S-MO14-0133 S-KS32-0033 S-KS55-0130 S-KS34-0019 S-NE55-0015 S-SA07-0007 S-KS96-0002
Vol. 30, No. 15, April 14, 2011
Notices
Metzger Meadows - Phase 2 Reading Rock, Inc. - Reading Quarry ConWest Borrow Field Craig Bain East Marlatt Ave. City-Wide Self Storage Magnolia Hills Estates - Ph. 2 Crystal Gardens Addition Lateral 1, Main 16, SS #23 Main 16, SS #23 Wichita NW High School Track Renovation Wichita SE High School Track Renovation Southboro #9 Subdivision Summit Woods Apartments Topeka SSA Office Merlins Glen at Hunters Pointe Basehor Reading McPherson Ness City Manhattan Salina Salina Wichita Wichita Wichita Wichita Wichita Topeka Topeka Topeka Mulvane
Kansas Register
S-KS04-0030 S-MC41-0001 S-LA11-0036 S-UA28-0005 S-KS38-0068 S-SH33-0068 S-SH33-0055 S-AR94-0630 S-AR94-0513 S-AR94-0514 S-AR94-0633 S-AR94-0632 S-KS72-0035 S-KS72-0017 S-KS72-0166 S-AR64-0002
409
City of Albert, Kansas

Notice of Intent to Seek Private Placement General Obligation Bonds, Series 2011 Notice is hereby given that the city of Albert, Kansas (the issuer), proposes to seek a private placement of the above-referenced bonds. The maximum aggregate principal amount of the bonds shall not exceed $145,000. The proposed sale of the bonds is in all respects subject to approval of a bond purchase agreement between the issuer and the purchaser of the bonds and the passage of an ordinance and adoption of a resolution by the governing body of the issuer authorizing the issuance of the bonds and the execution of various documents necessary to deliver the bonds. Dated April 4, 2011. Loia Ritterhouse City Clerk
Doc. No. 039302
Persons wishing to comment on the draft documents and/or permit applications must submit their comments in writing to the Kansas Department of Health and Environment if they wish to have the comments considered in the decision-making process. Comments should be submitted to the attention of the Livestock Waste Management Section for agricultural-related draft documents or applications, or to the Technical Services Section for all other permits, at the Kansas Department of Health and Environment, Division of Environment, Bureau of Water, 1000 S.W. Jackson, Suite 420, Topeka, 66612-1367. All comments regarding the draft documents or application notices received on or before May 14 will be considered in the formulation of the final determinations regarding this public notice. Please refer to the appropriate Kansas document number (KS-AG-11-059/063) and name of the applicant/permittee when preparing comments. After review of any comments received during the public notice period, the Secretary of Health and Environment will issue a determination regarding final agency action on each draft document/application. If response to any draft document/application indicates significant public interest, a public hearing may be held in conformance with K.A.R. 28-16-61 (28-46-21 for UIC). All draft documents/applications and the supporting information including any comments received are on file and may be inspected at the offices of the Kansas Department of Health and Environment, Bureau of Water. These documents are available upon request at the copying cost assessed by KDHE. Application information and components of plans and specifications for all new and expanding swine facilities are available on the Internet at http://www.kdheks.gov/feedlots. Division of Environment offices are open from 8 a.m. to 5 p.m. Monday through Friday, excluding holidays. Robert Moser, M.D. Secretary of Health and Environment
Doc. No. 039306
State of Kansas
Notice of Available Publications Listed below are all the Private Letter Rulings, Opinion Letters, Final Written Determinations, Revenue Rulings, Memorandums, Property Valuation Division Directives, Q&As, Information Guides and Notices published by the Department of Revenue for March 2011. Copies can be obtained by accessing the Policy Information Library located on the Internet at www.ksrevenue.org or by calling the Office of Policy and Research at (785) 296-3081. Private Letter Rulings
No new publications
Opinion Letters
No new publications

No new publications
Revenue Rulings
19-2011-01 Sales Tax Treatment of Charges for Participation in Guided and Non-guided Hunting and Certain Sales of Game Birds
Notices
No new publications
Memorandums
No new publications

No new publications
Q&As
No new publications
Information Guides
No new publications

Doc. No. 039290
Vol. 30, No. 15, April 14, 2011
410
Kansas Register
City of Colby, Kansas
Notice of Intent to Seek Private Placement General Obligation Tax Increment Financing Bonds, Series 2011-1 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031
Notice/Bond Sale
2,345,000 2,410,000 2,485,000 1,045,000 1,085,000 1,125,000 1,165,000 1,215,000 495,000 515,000 540,000 560,000 590,000
Notice is hereby given that the city of Colby, Kansas (the issuer), proposes to seek a private placement of the above-referenced bonds. The maximum aggregate principal amount of the bonds shall not exceed $1,150,000. The proposed sale of the bonds is in all respects subject to approval of a bond purchase agreement between the issuer and the purchaser of the bonds and the passage of an ordinance and adoption of a resolution by the governing body of the issuer authorizing the issuance of the bonds and the execution of various documents necessary to deliver the bonds. Dated April 5, 2011. Joni L. Ketchum City Clerk
Doc. No. 039305
The bonds will bear interest from the date thereof at rates to be determined when the bonds are sold as hereinafter provided, which interest will be payable semiannually on April 1 and October 1 in each year, beginning April 1, 2012. The Kansas State Treasurer, Topeka, Kansas, will be the paying agent and registrar for the bonds. Book-Entry-Only System The bonds shall be registered under a book-entry-only system administered through DTC. Good Faith Deposit Each bid for the bonds shall be accompanied by a good faith deposit in the form of (i) a cashiers or certified check drawn on a bank located in the United States, or (ii) a qualified financial surety bond, in the amount 2 percent of the principal amount of the applicable series of bonds. Delivery The issuer will pay for printing the bonds and will deliver the same properly prepared, executed and registered without cost to the successful bidder(s) on or about May 26, 2011, to DTC for the account of the successful bidder(s). Assessed Valuation and Indebtedness The total assessed valuation of the taxable tangible property within the issuer for the year 2010 is $1,415,026,926. The total general obligation indebtedness of the issuer as of the date of delivery of the bonds, including the bonds and refunding bonds and temporary notes being sold, but excluding the bonds and notes to be retired with the proceeds of such bonds, is $289,363,000. Approval of Bonds The bonds will be sold subject to the legal opinion of Gilmore & Bell, P.C., Kansas City, Missouri, bond counsel, whose approving legal opinion as to the validity of the bonds will be furnished and paid for by the issuer, printed on the bonds and delivered to the successful bidder when the bonds are delivered. Additional Information Additional information regarding the bonds may be obtained from the undersigned, or from the financial advisor, at the addresses set forth below. Written and Facsimile Bid and Good Faith Deposit Delivery Address: City Hall 100 E. Santa Fe Olathe, KS 66061 (913) 971-6212
Summary Notice of Sale City of Olathe, Kansas $30,500,000* General Obligation Bonds Series 218 (General obligation bonds payable from unlimited ad valorem taxes) Bids Written and electronic (as explained below) bids for the purchase of the above-referenced bonds of the city of Olathe, Kansas (the issuer), herein described will be received on behalf of the undersigned Director of Resource Management of the issuer, in the case of written bids, at the address hereinafter set forth, and in the case of electronic bids, via PARITY, on May 3, 2011 (the sale date), until 11 a.m. No bid for less than 100.0 percent of the Series 218 Bonds will be considered. All bids will be publicly evaluated at said time and place and the award of the bonds will be acted upon by the governing body at its meeting to be held at 7 p.m. on the sale date. No oral or auction bids will be considered. Bond Details The bonds will consist of fully registered bonds in the denomination of $5,000 or any integral multiple thereof. The bonds will be dated May 26, 2011, and will become due on October 1 in the years as follows:
2012 2013 2014 2015 2016 2017 2018

$1,800,000 2,115,000 2,135,000 2,160,000 2,195,000 2,235,000 2,285,000
Vol. 30, No. 15, April 14, 2011
Bond Sale/Regulations
Fax (913) 971-6283 Financial Advisor: Springsted Incorporated 380 Jackson St., Suite 300 St. Paul, MN 55101 Attn: Bond Services (651) 223-3000 Fax (651) 223-3046 E-mail: advisors@springsted.com Dated April 5, 2011.
Kansas Register
411
1, 1981; amended May 1, 1982; amended May 1, 1984; amended May 1, 1988; revoked April 29, 2011.) 4-3-50. Good manufacturing practices; definitions. The following terms as used in 21 C.F.R. Parts 225 and 226, which are adopted by reference in K.A.R. 4-3-49, shall have the following meanings: (a) The term form, referred to either by number or by any other designation, shall mean a form supplied by the agricultural commodity assurance program, Kansas department of agriculture. (b) The term state feed control officials shall mean the secretary of the Kansas department of agriculture or the secretarys authorized representative. (c) The term center for veterinary medicine shall mean the agricultural commodity assurance program, Kansas department of agriculture unless the context requires otherwise. (d) The term type A medicated article shall mean a feeding stuff or ingredient for a feeding stuff that is intended solely for use in the manufacture of either another type A medicated article or a type B or type C medicated feed. (e) The term type B medicated feed shall mean a feeding stuff or an ingredient for a feeding stuff that contains a substantial quantity of nutrients including vitamins or minerals or other nutritional ingredients in an amount not less than 25% of the weight of the type A medicated article and that is intended solely for the manufacture of other medicated feeds, either type B or type C. (f) The term type C medicated feed shall mean a feeding stuff or an ingredient for a feeding stuff that contains a substantial quantity of nutrients including vitamins, minerals, or other nutritional ingredients and that is intended as the complete feed for the animal. (Authorized by and implementing K.S.A. 2009 Supp. 2-1013; effective, T-88-46, Nov. 10, 1987; effective May 1, 1988; amended April 29, 2011.) Dale Rodman Secretary of Agriculture
Doc. No. 039303
Donald T. Howell, Clerk City of Olathe, Kansas

Doc. No. 039315
State of Kansas
Permanent Administrative Regulations Article 3.COMMERCIAL FEEDING STUFFS 4-3-47. Adoption by reference. (a) The following portions of the 2010 official publication copyrighted in 2010 by the association of American feed control officials incorporated are hereby adopted by reference and shall apply to commercial feeding stuffs in this state: (1) Regulations 1 through 13 of the AAFCO model good manufacturing practice regulations for feed and feed ingredients on pages 128 through 132, with the following changes: (A)(i) In the first sentence of regulation 1, section 3 of the model bill shall be replaced with K.S.A. 2-1001, and amendments thereto; and (ii) in the definition of adulteration in regulation 1, section 7(a) of the model bill shall be replaced with K.S.A. 65-664, and amendments thereto; and (B) in the second sentence of regulation 11(b), the blank line following agents of the shall be replaced with Kansas department of agriculture; (2) the text titled official feed terms on pages 314 through 323; and (3) the text titled official names and definitions of feed ingredients as established by the association of American feed control officials on pages 324 through 415. (b) Copies of the material adopted by reference in this regulation may be obtained from the office of the agricultural commodity assurance program, Kansas department of agriculture, Topeka, Kansas. (Authorized by K.S.A. 2-1011 and K.S.A. 2009 Supp. 2-1013; implementing K.S.A. 2009 Supp. 2-1002 and K.S.A. 2009 Supp. 21013; effective May 1, 1981; amended May 1, 1982; amended May 1, 1984; amended May 1, 1988; amended Oct. 21, 1991; amended Dec. 12, 1994; amended June 15, 2001; amended Jan. 18, 2008; amended, T-4-1-5-11, Jan. 5, 2011; amended April 29, 2011.) 4-3-48. (Authorized by K.S.A. 2-1013 as amended by L. 1987, Ch. 7, Sec. 1; implementing K.S.A. 2-1002 and 21013 as amended by L. 1987, Ch. 7, Sec. 1; effective May
State of Kansas
Permanent Administrative Regulations Article 21.PROMOTING EMPLOYMENT ACROSS KANSAS (PEAK) PROGRAM 110-21-1. Definitions. For the purposes of these regulations and the act, the following terms and definitions shall apply: (a) Adequate health insurance coverage means health insurance that is offered by a company to all fulltime employees within the first 180 days of their employment and provides for the following: (1) At least 50 percent of the premium paid by the employer; (2) coverage of basic hospital care and procedures; (3) coverage of physician care;
(continued)
Vol. 30, No. 15, April 14, 2011
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Kansas Register
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(4) coverage for mental health care; (5) coverage for substance abuse treatment; (6) coverage for prescription drugs; and (7) coverage for prenatal and postnatal care. (b) Administrative or back office means a business facility that meets the following requirements: (1) Is operated by a company; (2) provides ancillary support services to the company, but is not directly engaged in the companys primary function; (3) generates only de minimis outside revenue at the facility; and (4) is capable of being located anywhere geographically. (c) Agreement means an agreement entered into between the secretary and a qualified company as authorized by the act. (d) Agreement date means the date the department of commerce receives a companys application. (e) Applicant means a company that has submitted an application to the secretary for determination of eligibility under the act. (f) Base employment level means the average number of full-time employees in addition to any part-time employees calculated as full-time equivalent positions working 2,080 hours annually that existed in Kansas in the 12 months before the agreement date. (g) Benefit period means the period of time during which a qualified company shall be authorized to retain withholding taxes for PEAK-eligible jobs. (h) Business facility means each physical location in Kansas where any located, relocated, or expanded functions will be performed. (i) Effective date means the date the benefit period commences. The effective date shall meet the following requirements: (1) Be established by the qualified company in writing; (2) be within one year of the date of the agreement; and (3) begin on the first day of a calendar quarter. (j) Full-time employment means an average of at least 35 hours per week for 52 consecutive weeks. (k) Functions means the activities of a business facility, office, department, or other operation, including a unit or production line. (l) Headquarters means the location of a business facility that meets the following requirements: (1) Physically houses principal officers of the business; (2) is where primary direction, management, and administrative support for company operations are provided; (3) serves multiple company work sites internationally, nationally, or regionally within the United States; (4) generates only de minimis outside revenue; and (5) is capable of being located anywhere geographically. (m) Located or relocated functions means functions that are being initially located or relocated to Kansas.
(n) PEAK means promoting employment across Kansas. (o) PEAK benefits means the payroll withholding taxes authorized to be retained by a qualified company. (p) PEAK-eligible jobs means PEAK jobs that are being paid at least the county median wage for the county in which the business facility is located and for which PEAK benefits are received. (q) PEAK job means an employee-occupied job performing a located, relocated, or expanded function. PEAK jobs are used to satisfy program eligibility requirements including minimum jobs and wage standard comparison. (r) PEAK jobs median wage means the middle wage of the total number of wages that divides the PEAK jobs into two equal groups, half having wages above the median wage and half having wages below the median wage. This term is used to determine initial eligibility for benefits, continued eligibility, and extended benefit periods. (s) Wages has the meaning specified in K.S.A. 793295 and amendments thereto. (Authorized by K.S.A. 2010 Supp. 74-5002r and K.S.A. 2010 Supp. 74-50,213; implementing K.S.A. 2010 Supp. 74-50,211; effective April 29, 2011.) 110-21-2. Eligibility and application requirements. (a) Companies shall submit applications and any supporting documentation to the secretary to determine eligibility for benefits. In addition to meeting the requirements in the act, each applicant shall meet the following requirements: (1) The application shall be submitted before any position for which PEAK benefits are requested may be filled. (2) The PEAK jobs median wage shall meet or exceed the annual county median wage as reported by the department of labor in its annual report for the previous year for the county in which the business facility is located on the date the department receives the application. (3) The company shall locate, relocate, or expand the minimum number of required jobs within two years from the agreement date. (4) If an applicant applies as a headquarters, the business facility shall meet the definition of a headquarters. (5) If applicant is applying as an administrative or back office, the business facility shall meet the definition of an administrative or back office. (b) The application shall include the following: (1) The applicants legal name and address; (2) The applicants North American industry classification system (NAICS) category; (3) the federal employer identification number (FEIN); (4) the physical address, contact information, NAICS category, and FEIN for all related entities, including the following: (A) The corporate headquarters; (B) the parent company; (C) the business facility; and (D) any existing Kansas work sites; (5) the type of ownership structure for the business facility;
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(6) a description of the function to be located, relocated, or expanded, including evidence of relocation satisfactory to the secretary; (7) a description of the companys products or services and its customers; (8) the hire or start date in Kansas for PEAK jobs; (9) the identification of any third-party legal employer; (10) the projected total number of PEAK jobs, including how many of those jobs are PEAK-eligible jobs; (11) the projected hiring schedule of PEAK jobs over five years; (12) the median wage of the PEAK jobs; (13) the total project capital investment, including leases; (14) the base employment level if relocating to or expanding at an existing Kansas company or work site; (15) the job title, description, number of positions, Kansas start or hire date, wages per hour, number of hours worked per week, and total annual wages for PEAK jobs; (16) if applicable, information regarding whether the applicant is performing either of the following: (A) Locating, relocating, or expanding a companys headquarters; or (B) locating, relocating, or expanding an administrative or back office; (17) certification that the applicant is for-profit unless applying as a headquarters or an administrative or back office; (18) certification that the applicant will provide adequate health insurance coverage; (19) certification that the applicant is not under the protection of the federal bankruptcy code; (20) certification that the applicant is not delinquent on any federal, state, or local taxes; (21) if applicable, payroll service company information as requested; (22) an ownership disclosure and signature statement; (23) the written authorization to inspect company records for verification of employment and wages; (24) the certification by a company officer that the information provided in the application is true and accurate; and (25) any other relevant information that the secretary deems necessary. (c) If the application is approved by the secretary, the qualified company shall enter into an agreement with the secretary before receiving benefits. (Authorized by K.S.A. 2010 Supp. 74-5002r and K.S.A. 2010 Supp. 74-50,213; implementing K.S.A. 2010 Supp. 74-50,213; effective April 29, 2011.) 110-21-3. Reconsideration of application. (a) If an application is not approved, the reasons for the denial shall be provided to the applicant by the secretary. The applicant may ask the secretary for reconsideration of the decision within 30 days of the date of denial of the application. (b) Decisions on reconsideration shall be the final agency action and subject to review under the Kansas ju-
dicial review act, K.S.A. 77-601 et seq. and amendments thereto. (Authorized by K.S.A. 2010 Supp. 74-5002r and K.S.A. 2010 Supp. 74-50,213; implementing K.S.A. 2010 Supp. 74-50,213; effective April 29, 2011.) 110-21-4. Agreement. (a) If an applicant meets the eligibility requirements and is approved by the secretary, the applicant shall be considered to be a qualified company. An agreement may be entered into by the secretary as to the terms and conditions by which the qualified company may receive benefits. (b) The agreement shall be on a form prescribed by the department and, in addition to the requirements of the act, shall include the following: (1) A description of the project; (2) the length of the benefit period; (3) the number of PEAK jobs, including projected PEAK jobs median wage; (4) the quarterly and annual reporting requirements; (5) the agreement date; (6) the county median wage for the business facility on the date the application is received by the department; (7) an acknowledgement that the qualified company is ineligible to participate in other economic programs as listed in the act; (8) the terms of default and conditions of repayment; (9) a condition that the qualified company has one year from the agreement date to establish in writing an effective date; (10) a condition that the qualified company shall satisfy program eligibility requirements and pay an average annual PEAK jobs median wage greater than the county median wage in order to remain eligible for program benefits; (11) a condition that the qualified company has two years from the agreement date to fill the minimum number of PEAK jobs necessary for program eligibility; (12) a condition that the benefit period may be extended if the qualified company pays an average annual PEAK jobs median wage of at least 110 percent as compared to the county median wage on the agreement date for each year that the company is in the program; and (13) an acknowledgement that the qualified company receiving high-impact benefits that fails to create 100 or more jobs within two years of the agreement date shall have its benefit period reduced accordingly. (Authorized by K.S.A. 2010 Supp. 74-5002r and K.S.A. 2010 Supp. 7450,213; implementing K.S.A. 2010 Supp. 74-50,213; effective April 29, 2011.) 110-21-5. Reporting requirements. (a) Each qualified company shall file quarterly and annual reports for the term of the agreement. The quarterly reports shall be due within 30 days from the end of each calendar quarter following the effective date. One year after the effective date, the qualified company shall provide an annual report summarizing the quarterly report data. The annual report shall be due within 30 days of each subsequent effective date. (b) Each quarterly report and each annual report shall include the following:
(continued)
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(1) The company name, address, and federal employer identification number; (2) the PEAK agreement number; (3) the effective date; (4) the reporting period; and (5) the PEAK jobs median wage for the period. (c) Each quarterly report shall include the following for each employee: (1) The job title; (2) the employees name; (3) the last four digits of the social security number or position number; (4) the date hired in Kansas and, if applicable, the date terminated; (5) the wages paid per hour; (6) the number of hours worked per week; and (7) the total wages for the quarter. (d) Each quarterly report shall include the following for all PEAK jobs: (1) The individual amount of payroll withholding tax retained and the amount remitted to the department of revenue for each PEAK job; (2) the total amount of payroll withholding tax retained and remitted to department of revenue for all PEAK jobs during the period; and (3) any other relevant information as deemed necessary by the secretary, including the following: (A) A copy of the qualified companys Kansas department of labor quarterly wage report and unemployment return, form K-CNS 100, for the period; and (B) a copy of the qualified companys department of revenue monthly Kansas withholding tax deposit reports, form KW-5, for the period. (e) Each annual report shall include the following: (1) Total wages of PEAK jobs and PEAK-eligible jobs; (2) the annual average number of PEAK jobs and how many of those jobs are PEAK-eligible jobs; (3) the total payroll withholding taxes remitted to the department of revenue for the PEAK jobs and a separate total of five percent remitted for PEAK-eligible jobs; (4) the total PEAK benefits for PEAK-eligible jobs for the period; (5) the total capital investment for the period; (6) the qualified companys certification that it continues to meet program eligibility requirements, including supplying requested documentation; and (7) a copy of the companys department of revenue annual withholding tax deposit report, KW-3 form, as filed during the period. (Authorized by K.S.A. 2010 Supp. 74-5002r and K.S.A. 2010 Supp. 74-50,213; implementing K.S.A. 2010 Supp. 74-50,213; effective April 29, 2011.) Pat George Secretary of Commerce
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Permanent Administrative Regulations Article 31.HAZARDOUS WASTE MANAGEMENT STANDARDS AND REGULATIONS 28-31-1. (Authorized by and implementing K.S.A. 2001 Supp. 65-3431; effective, E-82-20, Nov. 4, 1981; effective May 1, 1982; amended, T-86-32, Sept. 24, 1985; amended May 1, 1986; amended May 1, 1987; amended May 1, 1988; amended Feb. 5, 1990; amended April 25, 1994; amended June 4, 1999; amended Sept. 20, 2002; revoked April 29, 2011.) 28-31-2. (Authorized by and implementing K.S.A. 2001 Supp. 65-3431; effective, E-82-20, Nov. 4, 1981; effective May 1, 1982; amended, T-84-5, Feb. 10, 1983; amended May 1, 1984; amended, T-85-42, Dec. 19, 1984; amended May 1, 1985; amended, T-86-32, Sept. 24, 1985; amended May 1, 1986; amended May 1, 1987; amended May 1, 1988; amended Feb. 5, 1990; amended April 25, 1994; amended June 4, 1999; amended Sept. 20, 2002; revoked April 29, 2011.) 28-31-3. (Authorized by and implementing K.S.A. 2001 Supp. 65-3431; effective, E-82-20, Nov. 4, 1981; effective May 1, 1982; amended, T-84-5, Feb. 10, 1983; amended May 1, 1984; amended, T-85-42, Dec. 19, 1984; amended May 1, 1985; amended, T-86-32, Sept. 24, 1985; amended May 1, 1986; amended May 1, 1987; amended May 1, 1988; amended Feb. 5, 1990; amended April 25, 1994; amended June 4, 1999; amended Sept. 20, 2002; revoked April 29, 2011.) 28-31-4. EPA identification numbers; notification requirement for hazardous waste, universal waste, and used oil activities. Each reference in this regulation to a federal regulation shall mean that federal regulation as adopted by reference in K.A.R. 28-31-124 through 28-31279. (a) Each person who is required to obtain an EPA identification number by 40 CFR part 124 or 40 CFR parts 260 through 279 and each Kansas small quantity generator shall notify the department of their hazardous waste, universal waste, and used oil activities and shall obtain an EPA identification number by submitting to the department KDHE form 8700-12 or another form approved by the secretary. (b) Each person that is newly subject to these notification requirements due to promulgation of a statute or regulation shall notify the department of that persons hazardous waste, universal waste, and used oil activities within 60 days of the effective date of the statute or regulation, unless a different date is specified in that statute or regulation. (c) Each person shall update the information associated with that persons EPA identification number if there is a change in the information. The person shall submit these changes to the department on KDHE form 8700-12 or another form approved by the secretary, no more than
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60 days after the change occurs. (Authorized by and implementing K.S.A. 65-3431; effective, E-82-20, Nov. 4, 1981; effective May 1, 1982; amended, T-84-5, Feb. 10, 1983; amended May 1, 1984; amended, T-86-32, Sept. 24, 1985; amended May 1, 1986; amended May 1, 1987; amended May 1, 1988; amended Feb. 5, 1990; amended April 25, 1994; amended March 22, 1996; amended June 4, 1999; amended Sept. 20, 2002; amended April 29, 2011.) 28-31-5. (Authorized by and implementing K.S.A. 65-3431 and K.S.A. 65-3458; effective, E-82-20, Nov. 4, 1981; effective May 1, 1982; amended, T-86-6, March 22, 1985; amended, T-86-32, Sept. 24, 1985; amended, May 1, 1986; amended May 1, 1987; amended Feb. 5, 1990; amended April 25, 1994; revoked April 29, 2011.) 28-31-6. Registration and insurance requirements for transporters of hazardous waste and used oil. Each reference in this regulation to a federal regulation shall mean that federal regulation as adopted by reference in K.A.R. 28-31-124 through 28-31-279. (a) Applicability. This regulation shall apply to the following: (1) Each person that transports hazardous waste and is subject to the requirements of K.A.R. 28-31-263a; and (2) each person that transports used oil and is subject to the requirements of 40 CFR part 279, subpart E. (b) Registration. Each transporter shall register with the secretary according to the following requirements: (1) The transporter shall submit the registration application on forms provided by the department. (2) The transporter shall obtain written acknowledgment from the secretary that registration is complete before transporting hazardous waste or used oil within, into, out of, or through Kansas. (3) The transporter shall carry a copy of the written acknowledgment in all vehicles transporting hazardous waste or used oil and shall provide the written acknowledgment for review upon request. (4) The transporter shall update the registration information if there is a change in that information. The transporter shall submit these changes on forms provided by the department within 60 days of the date of the change. (c) Insurance requirements. Each transporter shall secure and maintain liability insurance on each of the transporters vehicles transporting hazardous waste or used oil in Kansas. (1) The limits of insurance shall not be less than $1 million per person and $1 million per occurrence for bodily injury or death and $1 million for all damage to the property of others. When combined bodily injury or death and property damage coverage are provided, the total limits shall not be less than $1 million. (2) If any coverage is reduced or canceled, the transporter shall notify the secretary in writing at least 35 days before the effective date of the reduction or cancellation. (3) The transporter shall, before the expiration date of the insurance policy, provide the secretary with proof of periodic renewal in the form of a certificate of insurance showing the monetary coverage and the expiration date. (d) Denial or suspension of registration. (1) Any application may be denied and any transporters registration may be suspended if the secretary determines that one or more of the following apply:
(A) The transporter failed or continues to fail to comply with any of the following: (i) Provisions of the air, water, or waste statutes relating to environmental protection or to the protection of public health or safety, including regulations issued by Kansas or by the federal government; or (ii) any condition of any permit or order issued to the transporter by the secretary. (B) Any state or territory or the District of Columbia has found that the applicant or transporter has violated that governments hazardous waste or used oil transporter laws or regulations. (C) One or more of the following is a principal of another corporation that would not be eligible for registration: (i) The transporter; (ii) a person who holds an interest in the transporter; (iii) a person who exercises total or partial control of the transporter; or (iv) a person who is a principal of the parent corporation. (2) Each notice of denial or suspension shall be issued in writing by the secretary and shall inform the applicant or transporter of the procedures for requesting a hearing pursuant to K.S.A. 65-3456a and amendments thereto. (Authorized by and implementing K.S.A. 65-3431; effective, E-82-20, Nov. 4, 1981; effective May 1, 1982; amended, T-84-5, Feb. 10, 1983; amended May 1, 1984; amended, T-86-32, Sept. 24, 1985; amended May 1, 1986; amended May 1, 1987; amended May 1, 1988; amended Feb.5, 1990; amended April 25, 1994; amended June 4, 1999; amended Sept. 20, 2002; amended April 29, 2011.) 28-31-7. (Authorized by and implementing K.S.A. 1984 Supp. 65-3431; effective, E-82-20, Nov. 4, 1981; effective May 1, 1982; amended, T-85-42, Dec. 19, 1984; amended May 1, 1985; revoked April 29, 2011.) 28-31-8. (Authorized by and implementing K.S.A. 2001 Supp. 65-3431; effective, E-82-20, Nov. 4, 1981; effective May 1, 1982; amended, T-84-5, Feb. 10, 1983; amended May 1, 1984; amended, T-86-32, Sept. 24, 1985; amended May 1, 1986; amended May 1, 1987; amended May 1, 1988; amended Feb. 5, 1990; amended April 25, 1994; amended June 4, 1999; amended Sept. 20, 2002; revoked April 29, 2011.) 28-31-8b. (Authorized by and implementing K.S.A. 2001 Supp. 65-3431; effective Feb. 5, 1990; amended April 25, 1994; amended June 4, 1999; amended Sept. 20, 2002; revoked April 29, 2011.) 28-31-9. (Authorized by and implementing K.S.A. 2001 Supp. 65-3431; effective, E-82-20, Nov. 4, 1981; effective May 1, 1982; amended, T-84-5, Feb. 10, 1983; amended May 1, 1984; amended, T-86-32, Sept. 24, 1985; amended May 1, 1986; amended May 1, 1987; amended May 1, 1988; amended Feb. 5, 1990; amended April 25, 1994; amended June 4, 1999; amended Sept. 20, 2002; revoked April 29, 2011.) 28-31-10. Hazardous waste monitoring fees. Each reference in this regulation to a federal regulation shall
(continued)
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mean that federal regulation as adopted by reference in K.A.R. 28-31-124 through 28-31-279. (a) Each of the following persons shall pay an annual monitoring fee to the department according to the requirements of subsections (b) through (e): (1) Each owner or operator of a hazardous waste treatment, storage, or disposal facility; (2) each hazardous waste transporter; and (3) each hazardous waste generator. (b) Hazardous waste treatment, storage, or disposal facilities. The owner or operator of each facility shall pay the annual monitoring fee before January 1 of each year. (1) The fee for each active facility shall be based on the following schedule: (A) On-site storage facility ........................... $7,500 (B) Off-site storage facility ............................ $8,000 (C) On-site nonthermal treatment facility ...... $7,500 (D) Off-site nonthermal treatment facility ..... $8,000 (E) On-site thermal treatment facility ............ $8,000 (F) Off-site thermal treatment facility ............ $12,000 (G) Incinerator facility .................................. $12,000 (H) On-site landfill or underground injection well ................................................................ $10,000 (I) Off-site landfill or underground injection well ................................................................ $15,000 (2) The fee for each facility subject to postclosure care shall apply upon receipt by the department of the certification of closure specified in 40 CFR 264.115 or 40 CFR 265.115. This fee shall be $10,000. (3) The owner or operator of each facility conducting more than one of the hazardous waste activities specified in paragraphs (a)(1) and (2) shall pay a single fee. This fee shall be in the amount specified for the activity having the highest fee of those conducted. (c) Hazardous waste transporters. Each hazardous waste transporter shall pay the annual monitoring fee when the transporter registers with the department in accordance with K.A.R. 28-31-6, and before January 1 of each subsequent year. This fee shall be $300. (d) Hazardous waste generators. (1) Each large quantity generator shall pay the annual monitoring fee before March 1 of each year. (A) The fee shall be based on all hazardous waste generated during the previous calendar year according to the following schedule:
Total Yearly Quantity Generated Monitoring Fee
(e) Monitoring fee payments. Each monitoring fee payment that is made by check or money order shall be made payable to the hazardous waste management fund Kansas department of health and environment. (Authorized by and implementing K.S.A. 65-3431; effective, E-82-20, Nov. 4, 1981; effective May 1, 1982; amended, T85-2, Jan. 13, 1984; amended May 1, 1984; amended, T-8542, Dec. 19, 1984; amended May 1, 1985; amended, T-8632, Sept. 24, 1985; amended May 1, 1986; amended, T-87-49, Dec. 19, 1986; amended May 1, 1987; amended May 1, 1988; amended April 25, 1994; amended March 22, 1996; amended June 4, 1999; amended Sept. 20, 2002; amended Oct. 29, 2004; amended April 29, 2011.) 28-31-12. Inspections. (a) Upon presentation of credentials and stating the purpose of the visit, the following actions may be performed during the regular business hours of the facility by the secretary or the secretarys designee: (1) Entering any factory, plant, construction site, hazardous waste storage, treatment, or disposal facility, or other location where hazardous wastes could potentially be generated, stored, treated, or disposed of, and inspecting the premises to gather information regarding existing conditions and procedures; (2) obtaining samples of actual or potential hazardous waste from any person or from the property of any person, including samples from any vehicle in which hazardous wastes are being transported; (3) stopping and inspecting any vehicle, if there is reasonable cause to believe that the vehicle is transporting hazardous wastes; (4) conducting tests, analyses, and evaluations of wastes and waste-like materials to determine whether or not the wastes or materials are hazardous and whether or not the requirements of these regulations are being met; (5) obtaining samples from any containers; (6) making reproductions of container labels; (7) inspecting and copying any records, reports, information, or test results relating to wastes generated, stored, transported, treated, or disposed of; (8) photographing or videotaping any hazardous waste management facility, device, structure, or equipment; (9) drilling test wells or groundwater monitoring wells on the property of any person where hazardous wastes are generated, stored, transported, treated, disposed of, discharged, or migrating off-site and obtaining samples from the wells; and (10) conducting tests, analyses, and evaluations of soil, groundwater, surface water, and air to determine whether the requirements of these regulations are being met. (b) If, during the inspection, unsafe or unpermitted hazardous waste management procedures are discovered, the operator of the facility may be instructed by the secretary or the secretarys designee to retain and properly store hazardous wastes, pertinent records, samples, and other items. These materials shall be retained by the operator until the waste has been identified and the secretary determines the proper procedures to be used in handling the waste.
Less than or equal to 5 tons ............................... $250 Greater than 5 tons but less than or equal to 50 tons .......................................................... $750 Greater than 50 tons but less than or equal to 500 tons ...................................................... $2,500 Greater than 500 tons ..................................... $7,500 (B) Each large quantity generator that reclaims hazardous waste on-site to recover substantial amounts of energy or materials shall be exempt from payment of monitoring fees for the amount of hazardous waste reclaimed. This exemption shall not apply to hazardous waste residues produced during reclamation. (2) Each small quantity generator and each Kansas small quantity generator shall pay the annual monitoring fee of $100 before April 1 of each year.
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(c) When obtaining samples, the facility operator shall be allowed to collect duplicate samples for separate analyses. (d) During the inspection, all reasonable security, safety, and sanitation measures employed at the facility shall be followed by the secretary or the secretarys designee. (e) A written report listing all deficiencies found during the inspection and stating the measures required to correct the deficiencies shall be prepared and sent to the operator. (Authorized by and implementing K.S.A. 65-3431; effective May 1, 1982; amended, T-85-42, Dec. 19, 1984; amended May 1, 1985; amended May 1, 1987; amended June 4, 1999; amended April 29, 2011.) 28-31-13. Variances. (a) Application. Any person may apply for a variance from one or more specific provisions of these regulations according to the following criteria: (1) An application for a variance may be submitted for any provision that is determined by the U.S. environmental protection agency to be more stringent or broader in scope than the federal hazardous waste regulations. (2) The application shall be submitted to the department on a form provided by the department. (3) The applicant shall state the reasons and circumstances that support the application and shall submit all other pertinent data to support the application. (b) Review and public comment. A tentative decision to grant or deny a variance shall be made by the secretary according to the following criteria: (1) A tentative decision shall be made within 60 days of receipt of the application by the department. (2) A notice of the tentative decision and the opportunity for written public comment shall be published by the department in the following publications: (A) The Kansas register; and (B) the official county newspaper of the county in which the variance is requested or, if there is no official county newspaper, a newspaper published as provided in K.S.A. 64-101, and amendments thereto. (3) Upon the written request of any person, a public meeting may be held to consider comments on the tentative decision. The person requesting a public meeting shall state the issues to be raised and shall explain why written comments would not suffice to communicate the persons views. (c) Final decision. After all public comments have been evaluated, a final decision shall be made by the secretary according to the following criteria: (1) A variance may be granted by the secretary if the variance meets the following requirements: (A) The variance shall not be any less stringent than the federal hazardous waste regulations. (B) The variance shall be protective of public health and safety and the environment. (2) A notice of the final decision shall be published by the department in the Kansas register. (A) If the variance is granted, all conditions and time limitations needed to comply with state or federal laws or to protect public health or safety or the environment shall be specified by the secretary.
(B) The date the variance expires shall be provided in the final decision. (d) Extension of a prior or existing variance. Any person may submit a request in writing to extend a prior or existing variance that meets the requirements of this regulation, according to the following criteria: (1) The person shall demonstrate the need for continuation of the variance. (2) The variance may be reissued or extended for another period upon a finding by the secretary that the reissuance or extension of the variance would not endanger public health or safety or the environment. (3) The review, public comment, and the final decision procedures shall be the same as those specified in subsections (b) and (c). (e) Termination of a variance. Any variance granted pursuant to this regulation may be terminated, if the secretary finds one or more of the following conditions: (1) Violation of any requirement, condition, schedule, or limitation of the variance; (2) operation under the variance that fails to meet the minimum requirements established by state or federal law or regulations; or (3) operation under the variance that is unreasonably threatening public health or safety or the environment. Written notice of termination shall be provided by the secretary to the person granted the variance. (Authorized by and implementing K.S.A. 65-3431; effective May 1, 1982; amended, T-85-42, Dec. 19, 1984; amended May 1, 1985; amended May 1, 1987; amended June 4, 1999; amended April 29, 2011.) 28-31-14. (Authorized by and implementing K.S.A. 2001 Supp. 65-3431; effective May 1, 1988; amended Feb. 5, 1990; amended April 25, 1994; amended June 4, 1999; amended Sept. 20, 2002; revoked April 29, 2011.) 28-31-15. (Authorized by and implementing K.S.A. 2001 Supp. 65-3431; effective June 4, 1999; amended Sept. 20, 2002; revoked April 29, 2011.) 28-31-16. (Authorized by and implementing K.S.A. 2001 Supp. 65-3431; effective June 4, 1999; amended Sept. 20, 2002; revoked April 29, 2011.) 28-31-100. Substitution of state terms for federal terms; internal references to federal regulations. When used in any provision of 40 CFR part 124, parts 260 through 266, or part 268, 270, 273, or 279, as adopted by reference by K.A.R. 28-31-124 through 28-31-279, the following substitutions shall be made unless otherwise specified in K.A.R. 28-31-124 through 28-31-279: (a) References to federal regulations that are adopted by reference. Each reference to 40 CFR parts 124, 260 through 268, 270, 273, and 279 shall mean that federal regulation as adopted by reference in K.A.R. 28-31-124 through K.A.R. 28-31-279. (b) References to federal regulations that are not adopted by reference. (1) 40 CFR part 124. (A) Each reference to 40 CFR part 124 in its entirety shall be replaced with K.A.R. 28-31-124 through 28-31124e.
(continued)
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(B) Each reference to 40 CFR 124, subpart A in its entirety shall be replaced with K.A.R. 28-31-124 through 28-31-124e. (C) Each reference to 40 CFR 124.2 or any portion of 40 CFR 124.2 shall be replaced with 40 CFR 270.2. (D) Each reference to 40 CFR 124.3 or any portion of 40 CFR 124.3 shall be replaced with K.A.R. 28-31-124a. (E) Each reference to 40 CFR 124.5 or any portion of 40 CFR 124.5 shall be replaced with K.A.R. 28-31-124b. (F) Each reference to 40 CFR 124.6 or any portion of 40 CFR 124.6 shall be replaced with K.A.R. 28-31-124c. (G) Each reference to 40 CFR 124.8 or any portion of 40 CFR 124.8 shall be replaced with K.A.R. 28-31-124d. (H) Each reference to 40 CFR 124.10 or any portion of 40 CFR 124.10 shall be replaced with K.A.R. 28-31-124e, except in 40 CFR 124.204(d)(10), where the phrase 124.10(c)(1)(ix) and (c)(1)(x)(A) shall be replaced with K.A.R. 28-31-124e(e)(1)(D) and (E). (I) The following phrases shall be replaced with in accordance with K.S.A. 65-3440, and amendments thereto,: (i) [A]ccording to the procedures of 124.19; (ii) pursuant to 40 CFR 124.19; (iii) under 124.19; (iv) under 124.19 of this chapter; (v) under 124.19 of this part; and (vi) under the permit appeal procedures of 40 CFR 124.19. (2) 40 CFR 260.20 through 260.23. Each reference to 40 CFR 260.20, 260.21, 260.22, or 260.23, or any combination of these references, shall be replaced with the phrase EPAs rulemaking petition program. (Authorized by and implementing K.S.A. 65-3431; effective April 29, 2011.) 28-31-100a. Substitution of state terms for federal terms; administrator. When used in any provision of 40 CFR part 124, parts 260 through 266, or part 268, 270, 273, or 279, as adopted by reference by K.A.R. 28-31-124 through 28-31-279, the following substitutions shall be made unless otherwise specified in K.A.R. 28-31-124 through 28-31-279: (a) The following terms and phrases shall be replaced with secretary, except as noted in subsection (b): (1) Administrator; (2) [a]dministrator or State Director; (3) applicable EPA Regional Administrator; (4) appropriate Regional Administrator or state Director; (5) [a]ssistant Administrator; (6) [a]ssistant Administrator for Solid Waste and Emergency Response; (7) EPA Regional Administrator; (8) EPA Regional Administrator(s); (9) EPA Regional Administrator (or his designated representative) or State authorized to implement part 268 requirements; (10) EPA Regional Administrator for the Region in which the generator is located; (11) EPA Regional Administrator(s) for the Region(s) in which the facility(ies) is(are) located;
(12) EPA Regional Administrator(s) of the EPA Region(s) in which the bonded facility(ies) is (are) located; (13) EPA Regional Administrators of the Regions in which the facilities are located, or their designees; (14) [r]egional Administrator; (15) [r]egional Administrator(s); (16) [r]egional Administrator of every Region in which facilities for which financial responsibility is to be demonstrated through the financial test are located; (17) [r]egional Administrator or state Director; (18) [r]egional Administrator, or State Director, as the context requires, or an authorized representative (director as defined in 40 CFR 270.2); (19) [r]egional Administrator, or State Director (if located in an authorized state); (20) [r]egional Administrator(s) of the EPA Region(s) in which the facility(ies) is(are) located; and (21) USEPA Regional Administrator for Region [Region #]. (b) The terms listed in subsection (a) shall not be replaced with secretary in the following federal regulations: (1) 40 CFR 260.10, in the following definitions: (A) Administrator; (B) equivalent method; (C) hazardous waste constituent; (D) industrial furnace; and (E) regional administrator; (2) 40 CFR part 261, in the following locations: (A) 40 CFR 261.10; (B) 40 CFR 261.11; and (C) 40 CFR 261.21; (3) 40 CFR part 262, subparts E and H and the appendix; (4) 40 CFR part 264, in the following locations: (A) 40 CFR 264.12(a); (B) 40 CFR 264.151(b), in the first paragraph of the financial guarantee bond; (C) 40 CFR 264.151(c), in the first paragraph of the performance bond; and (D) 40 CFR 265.12(a); (5) 40 CFR part 268, in the following locations: (A) 40 CFR 268.5; (B) 40 CFR 268.6; (C) 40 CFR 268.40(b); (D) 40 CFR 268.42(b); and (E) 40 CFR 268.44; and (6) 40 CFR part 270, in the following locations: (A) 40 CFR 270.2, in the following definitions: (i) Administrator; (ii) corrective action management unit or CAMU; (iii) director; (iv) major facility; (v) regional administrator; and (vi) state/EPA agreement; (B) 270.5; (C) 270.10(e)(2) and (3); (D) 270.10(f)(3); and (E) 270.11(a)(3). (Authorized by and implementing K.S.A. 65-3431; effective April 29, 2011.) 28-31-100d. Substitution of state terms for federal terms; DOT, director. When used in any provision of 40
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CFR part 124, parts 260 through 266, or part 268, 270, 273, or 279, as adopted by reference by K.A.R. 28-31-124 through 28-31-279, the following substitutions shall be made unless otherwise specified in K.A.R. 28-31-124 through 28-31-279: (a) Department of transportation. The terms Department of Transportation and DOT shall be replaced with U.S. department of transportation, except in the following instances: (1) In an address; (2) in the term DOT hazard class; (3) in the term U.S. Department of Transportation (DOT); and (4) in the term U.S. DOT. (b) Director. (1) The following terms shall be replaced with secretary except as noted in paragraphs (b)(2) through (4): (A) Director and Directors; (B) [d]irector of an EPA permitting agency; (C) [r]egional or State Directors to whom the claim was submitted; (D) [r]egional or State RCRA and CAA Directors, in whose jurisdiction the exclusion is being claimed and where the comparable/syngas fuel will be burned; (E) [s]tate and Regional Directors; and (F) [s]tate Director. (2) The term Director shall not be replaced with secretary when used in the following terms: (A) Director of the Federal Register; (B) [d]irector, Office of Hazardous Materials Regulations; and (C) EPA Director of the Office of Solid Waste. (3) The term directors shall not be replaced with secretary in the term Board of Directors. (4) The terms Director, Directors, and State Director shall not be replaced with secretary in the following locations: (A) 40 CFR part 262, in the appendix; (B) 40 CFR 266.201 and 266.210, in the definition of director; and (C) 40 CFR 270.2, in the following definitions: (i) Director; and (ii) state director. (Authorized by and implementing K.S.A. 65-3431; effective April 29, 2011.) 28-31-100e. Substitution of state terms for federal terms; engineer, environmental appeals board, EPA. When used in any provision of 40 CFR part 124, parts 260 through 266, or part 268, 270, 273, or 279, as adopted by reference by K.A.R. 28-31-124 through 28-31-279, the following substitutions shall be made unless otherwise specified in K.A.R. 28-31-124 through 28-31-279: (a) Engineer. The following terms shall be replaced with Kansas professional engineer: (1) [G]eotechnical engineer; (2) PE; (3) professional engineer; (4) qualified engineer; (5) qualified Professional Engineer; (6) qualified registered professional engineer; (7) qualified, registered professional engineer; and (8) registered professional engineer.
(b) Environmental appeals board. (1) The term Environmental Appeals Board shall be replaced with secretary. (2) The term EPAs Environmental Appeals Board shall be replaced with the secretary. (c) Environmental protection agency. (1) The following terms shall be replaced with department or the department except as noted in paragraphs (2) through (6) of this subsection: (A) Agency; (B) applicable EPA Regional Office, Hazardous Waste Division; (C) appropriate regional EPA office; (D) [e]nvironmental Protection Agency; (E) [e]nvironmental Protection Agency (EPA); (F) EPA; (G) EPA Headquarters; (H) EPA region; (I) EPA region or authorized state; (J) EPA regional office; (K) regulatory agency; (L) United States Environmental Protection Agency; (M) United States Environmental Protection Agency (EPA); (N) U.S. Environmental Protection Agency; and (O) U.S. Environmental Protection Agency (EPA). (2) The terms listed in paragraph (1) of this subsection shall not be replaced with the department in the following instances: (A) Where the term is used in an address; and (B) where the term is part of an EPA document name or number. (3) The term Agency shall not be replaced with the department when used as part of the following terms in the singular or plural: (A) Agency of the Federal government; (B) agency of the Federal or State government; (C) [f]ederal Agency; (D) oversight agency; and (E) [s]tate agency. (4) The term Environmental Protection Agency shall not be replaced with the department when used as part of the term Environmental Protection Agency identification number. (5) The term EPA shall not be replaced with the department when used as part of the following terms in the singular or plural: (A) EPA Acknowledgment of Consent; (B) EPA Director of the Office of Solid Waste; (C) EPA facility ID number; (D) EPA Form; (E) EPA guidance; (F) EPA Hazardous Waste; (G) EPA Hazardous Waste Code; (H) EPA Hazardous Waste No.; (I) EPA Hazardous Waste Number; (J) EPA identification number; (K) EPA Manual; (L) EPA Publication; (M) EPA Protocol; (N) EPA standard method;
(continued)
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(O) EPA test method; (P) EPA waste code; and (Q) U.S. EPA Identification Number. (6) The terms listed in paragraph (c)(1) shall not be replaced with the department in the following locations: (A) 40 CFR part 124, in the following locations: (i) 124.200; and (ii) 124.207; (B) 40 CFR 260.10, in the following definitions: (i) Administrator; (ii) EPA hazardous waste number; (iii) EPA identification number; (iv) EPA region; (v) federal agency; (vi) regional administrator; and (vii) replacement unit; (C) 40 CFR part 261, appendix I; (D) 40 CFR part 262, in the following locations: (i) 40 CFR 262.21; (ii) 40 CFR 262.32(b); and (iii) 40 CFR part 262, subparts E, F, and H and the appendix; (E) 40 CFR part 264, in the following locations: (i) In 40 CFR 264.151, where only the term agency shall not be replaced; and (ii) in 40 CFR 264.1082(c)(4)(ii), the second occurrence of EPA; (F) in 40 CFR 265.1083(c)(4)(ii), the second occurrence of EPA; (G) 40 CFR part 266, appendix IX, sections 4 through 9, except that the first occurrence of the term EPA in section 8.0 shall be replaced with the department; (H) 40 CFR 267.143; (I) 40 CFR part 268, in the following locations: (i) 40 CFR 268.1(e)(3); (ii) 40 CFR 268.2(j); (iii) 40 CFR 268.5; (iv) 40 CFR 268.7(e); and (v) 40 CFR 268.44; (J) 40 CFR part 270, in the following locations: (i) 40 CFR 270.2, in the definitions of administrator, application, approved program or approved state, director, environmental protection agency (EPA), EPA, final authorization, interim authorization, permit, regional administrator, and state/EPA agreement; (ii) 40 CFR 270.5; (iii) 40 CFR 270.10(e)(2); (iv) 40 CFR 270.11(a)(3); (v) 40 CFR 270.51(d); (vi) 40 CFR 270.72(a)(5) and (b)(5); and (vii) 40 CFR 270.225; and (K) 40 CFR part 273, in the following locations: (i) 40 CFR 273.32(a)(3); and (ii) 40 CFR 273.52. (d) EPA form 8700-12. The term EPA Form 8700-12 shall be replaced with KDHE form 8700-12. (e) EPA form 8700-13B. The term EPA form 8700-13B shall be replaced with KDHE form 8700-13b. (Authorized by and implementing K.S.A. 65-3431; effective April 29, 2011.)
28-31-100f. Substitution of state terms for federal terms; federal register. When used in any provision of 40 CFR part 124, parts 260 through 266, or part 268, 270, 273, or 279, as adopted by reference by K.A.R. 28-31-124 through 28-31-279, the substitutions specified in this regulation shall be made unless otherwise specified in K.A.R. 28-31-124 through 28-31-279. The term Federal Register shall be replaced with Kansas register except in the following locations: (a) 40 CFR 266.203(c) and 266.205(e); (b) 40 CFR 268.5(e); (c) 40 CFR 268.6(j); (d) 40 CFR part 268, subpart D; and (e) 40 CFR 270.10(e)(2). (Authorized by and implementing K.S.A. 65-3431; effective April 29, 2011.) 28-31-100p. Substitution of state terms for federal terms; part B, permitting agency or authority. When used in any provision of 40 CFR part 124, parts 260 through 266, or part 268, 270, 273, or 279, as adopted by reference by K.A.R. 28-31-124 through 28-31-279, the following substitutions shall be made unless otherwise specified in K.A.R. 28-31-124 through 28-31-279: (a) Part B. The following phrases shall be replaced with part B application: (1) [P]art B of the RCRA application; and (2) RCRA part B application. (b) Permitting agency or authority. The following terms shall be replaced with department or the department: (1) [P]ermitting agency; (2) permitting authority; (3) permitting authority for the facility; (4) permitting authority of the state or territory where the facility is located; and (5) permitting authority of the state or territory where the facility(ies) is(are) located. (Authorized by and implementing K.S.A. 65-3431; effective April 29, 2011.) 28-31-100q. Substitution of state terms for federal terms; qualified geologist, qualified soil scientist. When used in any provision of 40 CFR part 124, parts 260 through 266, or part 268, 270, 273, or 279, as adopted by reference by K.A.R. 28-31-124 through 28-31-279, the following substitutions shall be made unless otherwise specified in K.A.R. 28-31-124 through 28-31-279: (a) Qualified geologist. The term qualified geologist shall be replaced with Kansas licensed geologist. (b) Qualified soil scientist. The term qualified soil scientist shall be replaced with Kansas licensed geologist. (Authorized by and implementing K.S.A. 65-3431; effective April 29, 2011.) 28-31-100r. Substitution of state terms for federal terms; RCRA. When used in any provision of 40 CFR part 124, parts 260 through 266, or part 268, 270, 273, or 279, as adopted by reference by K.A.R. 28-31-124 through 2831-279, the following substitutions shall be made unless otherwise specified in K.A.R. 28-31-124 through 28-31279: (a) General references to the RCRA program and subtitle C.
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(1) The following terms shall be replaced with Kansas hazardous waste program or the Kansas hazardous waste program except as noted in paragraphs (2) and (3) and subsections (o) through (q): (A) RCRA; (B) RCRA hazardous waste; (C) RCRA hazardous waste management; (D) RCRA program; (E) RCRA subtitle C; (F) [r]esource Conservation and Recovery Act; (G) [r]esource Conservation and Recovery Act as amended (RCRA); (H) [r]esource Conservation and Recovery Act of 1976 as amended; (I) [s]ubtitle C; (J) subtitle C of RCRA; and (K) subtitle C of the Resource Conservation and Recovery Act (RCRA). (2) The term RCRA shall not be replaced with Kansas hazardous waste program when used in the following terms, in the singular or plural: (A) RCRA facility ID number; (B) RCRA hazardous waste code; (C) RCRA ID number; (D) RCRA identification number; (E) non-RCRA tank; (F) RCRA/Superfund Hotline; (G) RCRA waste code; and (H) RCRA Subtitle D. (3) The terms listed in paragraph (1) of this subsection shall not be replaced with Kansas hazardous waste program when used in the following locations: (A) The parenthetical authority cited at the end of a section; (B) 40 CFR 260.10, in the definition of act or RCRA ; (C) 40 CFR part 261, in the following locations: (i) 40 CFR 261.4(e)(2)(iv); and (ii) 40 CFR 261.38(c)(1)(ii); (D) 40 CFR part 262, in the following locations: (i) Subpart H; and (ii) the appendix; (E) 40 CFR part 266, in the following locations: (i) 40 CFR 266.202(d); and (ii) 40 CFR 266.210 and 266.240, where RCRA hazardous waste shall be replaced with hazardous waste; and (F) 40 CFR 270.2, in the definition of RCRA. (b) References to specific sections, subsections, or paragraphs of RCRA. (1) Section 3010. The following phrases shall be replaced with K.A.R. 28-31-4: (A) RCRA section 3010; (B) section 3010 of RCRA; (C) section 3010 of the Act; and (D) section 3010(a) of RCRA. (2) Section 7003. The following terms shall be replaced with K.S.A. 65-3443 and 65-3445: (A) [S]ection 7003; and (B) section 7003 of RCRA. (c) References to RCRA and subtitle C facilities and disposal units.
(1) The term RCRA hazardous waste land disposal unit shall be replaced with Kansas hazardous waste land disposal unit. (2) The term RCRA hazardous waste management facility shall be replaced with Kansas hazardous waste management facility. (3) The term Subtitle C landfill cell shall be replaced with Kansas hazardous waste landfill cell. (4) The term Subtitle C monofill shall be replaced with Kansas hazardous waste monofill. (d) References to permits. The following substitutions shall apply in the singular and plural: (1) The following phrases shall be replaced with Kansas hazardous waste facility permit except as noted in paragraph (d)(2): (A) Permit issued under section 3005 of this act; (B) permit under RCRA 3005(c); (C) permit under RCRA section 3005(c); (D) permit under section 3005 of this act; (E) RCRA hazardous waste permit; (F) RCRA operating permit; (G) RCRA permit; (H) RCRA permit under RCRA section 3005(c); (I) RCRA, UIC, or NPDES permit; (J) RCRA, UIC, PSD, or NPDES permit; and (K) [s]tate RCRA permit. (2) In 40 CFR 270.51(d), the first occurrence of the phrase RCRA permit shall not be replaced with Kansas hazardous waste facility permit. (3) The phrase RCRA-permitted shall be replaced with Kansas-permitted. (4) The following phrases shall be replaced with Kansas hazardous waste facility standardized permit: (A) RCRA standardized permit; and (B) RCRA standardized permit (RCRA). (5) The phrase a final permit under RCRA section 3005 shall be replaced with a final permit issued by EPA under RCRA section 3005 or a Kansas hazardous waste facility permit in the following locations: (A) 40 CFR 264.1030(c); (B) 40 CFR 264.1050(c); (C) 40 CFR 264.1080(c); and (D) 40 CFR 265.1080(c). (Authorized by and implementing K.S.A. 65-3431; effective April 29, 2011.) 28-31-100s. Substitution of state terms for federal terms; state. When used in any provision of 40 CFR part 124, parts 260 through 266, or part 268, 270, 273, or 279, as adopted by reference by K.A.R. 28-31-124 through 2831-279, the following substitutions shall be made unless otherwise specified in K.A.R. 28-31-124 through 28-31279: (a) The following terms when used in the singular shall be replaced with state of Kansas or the state of Kansas except as noted in subsections (b) and (c): (1) State and a State when referring to a political entity; (2) approved State and an approved State; and (3) authorized State and an authorized State. (b) The term State shall not be replaced when used in the following terms in the singular or plural:
(continued)
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(1) Agreement State; and (2) [s]tate agency. (c) The terms listed in subsection (a) shall not be replaced in the following locations: (1) 40 CFR 124.207(a)(3); (2) 40 CFR 260.10, in the following definitions: (A) Designated facility; (B) explosives or munitions emergency response specialist; (C) person; (D) publicly owned treatment works; and (E) state; (3) 40 CFR part 261, in the following locations: (A) 40 CFR 261.4(g)(2)(i); and (B) 40 CFR 261.5; (4) 40 CFR part 262; (5) 40 CFR part 264, in the following locations: (A) 40 CFR part 264, subparts C and D; (B) 40 CFR 264.71(e); and (C) 40 CFR part 264, subpart H; (6) 40 CFR part 265, in the following locations: (A) 40 CFR part 265, subparts C and D; (B) 40 CFR 265.71(e); and (C) 40 CFR 265.147; (7) 40 CFR 266.210, in the following definitions: (A) Agreement state; and (B) naturally occurring and/or accelerator-produced radioactive material (NARM); (8) 40 CFR part 267, subparts C, D, and H; (9) 40 CFR part 270, in the following locations: (A) 40 CFR 270.2, in the following definitions: (i) Approved program or approved state; (ii) director; (iii) final authorization; (iv) interim authorization; (v) person; (vi) POTW; (vii) state; (viii) state director; and (ix) state/EPA agreement; (B) 40 CFR 270.10(g)(1)(ii), where only the term approved State shall not be replaced; (C) 40 CFR 270.11(a)(3); and (D) 40 CFR 270.13; (10) 40 CFR 273.14(c)(1)(iii); and (11) 40 CFR 279.24(a)(3). (Authorized by and implementing K.S.A. 65-3431; effective April 29, 2011.) 28-31-124. Procedures for permitting; adoption and modification of federal regulations. (a) Adoption. The provisions of 40 CFR 124.11 through 124.17 and 40 CFR part 124, subparts B and G, as in effect on July 1, 2006, are hereby adopted by reference subject to the following: (1) The substitution of terms listed in K.A.R. 28-31-100 through 28-31-100s; (2) the exclusions from adoption listed in subsection (b); and (3) the modifications listed in subsection (c). (b) Exclusions. The following portions of 40 CFR 124.12 through 124.17 and 40 CFR part 124, subpart G shall be excluded from adoption:
(1) 40 CFR 124.12(b); (2) 40 CFR 124.16(b)(2); (3) 40 CFR 124.17(b); (4) 40 CFR 124.204(d)(1), (4) through (7), and (9); and (5) 40 CFR 124.205(a), (c), and (i) through (l). (c) Modifications. The following modifications shall be made to 40 CFR 124.11 through 124.17 and 40 CFR part 124, subparts B and G: (1) Each occurrence of the term decisionmaking shall be replaced with permitting. (2) Each parenthetical statement starting with Applicable to State programs shall be deleted. (3) In 40 CFR 124.11, the text or the permit application for 404 permits when no draft permit is required (see 233.39) shall be deleted. (4) In 40 CFR 124.12(a)(3), the phrase For RCRA permits only, shall be deleted. (5) In 40 CFR 124.13, the term EPA documents shall be replaced with EPA or department documents. (6) The first sentence of 40 CFR 124.14(a)(4) shall be deleted. (7) In 40 CFR 124.14(b)(2), the phrase a revised statement of basis under 124.7, shall be deleted. (8) The following text shall be added to the end of 40 CFR 124.15(b)(2): by a person who filed comments on the draft permit or participated in the public hearing through written or oral comments. Stays of contested permit conditions are subject to 124.16. (9) In 40 CFR 124.16(a)(1), the following text shall be deleted: (A) (No stay of a PSD permit is available under this section.); (B) or new injection well, new source, new discharger or a recommencing discharger; and (C) , injection well, source or discharger pending final agency action. See also 124.60. (10) In 40 CFR 124.16(a)(2)(i), the following text shall be deleted: (A) , injection wells, and sources; and (B) , injection well, or source. (11) In 40 CFR 124.16(a)(2)(ii), the following text shall be deleted: (A) [R]eceiving notification from the EAB of; (B) the EAB,; and (C) [f]or NPDES permits only, the notice shall comply with the requirements of 124.60(b). (12) In 40 CFR 124.16(b), the text and he or she has accepted each appeal shall be deleted. (13) In 40 CFR 124.17(a), the text States are shall be replaced with The department is. (14) In 40 CFR 124.17(a)(2), the phrase or the permit application (for section 404 permits only) shall be deleted. (15) In 40 CFR 124.31(a), 124.32(a), and 124.33(a), the following sentence shall be deleted: For the purposes of this section only, hazardous waste management units over which EPA has permit issuance authority refers to hazardous waste management units for which the State where the units are located has not been authorized to issue RCRA permits pursuant to 40 CFR part 271. (16) In 40 CFR 124.204(d)(3), the sentence shall be replaced with All subsections shall apply.
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(17) In 40 CFR 124.205(d), the text (b), shall be deleted. (18) In 40 CFR 124.208(e), the phrase 124.12(b), (c), and (d) shall be replaced with 124.12(c) and (d). (Authorized by K.S.A. 65-3431; implementing K.S.A. 65-3431 and 65-3440; effective April 29, 2011.) 28-31-124a. Procedures for permitting; application for a permit. Each reference in this regulation to 40 CFR part 270 shall mean 40 CFR part 270 as adopted by reference in K.A.R. 28-31-270. (a) Each person that is required to have a Kansas hazardous waste facility permit, as specified in 40 CFR part 270, K.S.A. 65-3433 and amendments thereto, or K.S.A. 65-3437 and amendments thereto, shall submit a completed, signed application to the department. (b) Before submitting the application, the applicant shall submit to the department a disclosure statement that contains all information necessary for the secretary to conduct the background investigation required by K.S.A. 65-3437, and amendments thereto. (1) The disclosure statement shall be submitted on forms provided by the department. (2) If there is a parent company, the parent company shall submit a separate disclosure statement to the department on forms provided by the department. (c) The application shall be reviewed by the department after the applicant has fully complied with the requirements of 40 CFR 270.10 and 270.13. (d) The application signature and certification shall meet the requirements of 40 CFR 270.11. (e) Applications shall not be required for permits by rule. (Authorized by K.S.A. 65-3431; implementing K.S.A. 65-3431, 65-3433, and 65-3437; effective April 29, 2011.) 28-31-124b. Procedures for permitting; modification, revocation and reissuance, or termination of permits. Each reference in this regulation to a federal regulation shall mean that federal regulation as adopted by reference in K.A.R. 28-31-124 through 28-31-279. (a) Reasons for modification, revocation and reissuance, or termination of a permit. A permit may be modified, revoked and reissued, or terminated by the secretary only for the reasons specified in 40 CFR 270.41, 40 CFR 270.43, and K.S.A. 65-3439 and amendments thereto. (b) Request for modification, revocation and reissuance, or termination of a permit. Any person, including the permittee or the secretary, may request that a permit be modified, revoked and reissued, or terminated. Each request shall be submitted to the department in writing and shall contain the facts and reasons supporting the request. (c) Procedures for modification or for revocation and reissuance of a permit. Modification of a permit, and revocation and reissuance of a permit, shall be subject to the following requirements: (1) A draft permit shall be prepared by the department if either of the following occurs: (A) The secretary tentatively decides to modify or to revoke and reissue a permit according to the criteria specified in 40 CFR 270.41, other than 40 CFR 270.41(b)(3). (B) The permittee requests a modification in accordance with 40 CFR 270.42(c).
(2) The draft permit shall be prepared by the department according to the following criteria: (A) The draft permit shall incorporate the proposed changes. (B) Additional information from the permittee may be requested by the secretary. (C) If a permit is modified, the permittee may be required by the secretary to submit an updated application. (D) If a permit is revoked and reissued for a cause not listed in 40 CFR 270.41(b)(3), the permittee shall submit a new application to the department. (E) If a permit is revoked and reissued in accordance with 40 CFR 270.41(b)(3), the requirements in 40 CFR part 124, subpart G for standardized permits shall be met by the secretary and the permittee. (3) If a permit is modified, only those conditions to be modified shall be reopened by the department when a new draft permit is prepared. All other aspects of the existing permit shall remain in effect for the duration of the unmodified permit. (4) If a permit is revoked and reissued, the entire permit shall be reopened by the department as if the permit had expired and was being reissued. During the revocation and reissuance proceedings, the permittee shall comply with all conditions of the existing permit until a new final permit is reissued. (5) Class 1 modifications and Class 2 modifications, as defined in 40 CFR 270.42 (a) and (b), shall not be subject to the requirements of this regulation. (d) Termination of permit. If the secretary tentatively decides to terminate a permit in accordance with 40 CFR 270.43 and the permittee objects, a notice of intent to terminate shall be issued by the secretary. Each notice of intent to terminate shall be deemed a type of draft permit and shall be subject to the procedures specified in K.A.R. 28-31-124c and in K.S.A. 65-3440 and amendments thereto. (Authorized by K.S.A. 65-3431; implementing K.S.A. 65-3431, 65-3437, and 65-3439; effective April 29, 2011.) 28-31-124c. Procedures for permitting; draft permits. Each reference in this regulation to a federal regulation shall mean that federal regulation as adopted by reference in K.A.R. 28-31-124 through 28-31-279. (a) Each permit application shall be reviewed by the secretary to determine compliance with the requirements of the hazardous waste regulations. (b) If the permit application does not meet the requirements of this article, the application shall be denied by the secretary. (c) If the application meets the requirements of this article, a draft permit shall be prepared by the secretary according to the following criteria: (1) The draft permit shall contain the following information: (A) All conditions specified in 40 CFR 270.30 and 270.32; (B) all compliance schedules specified in 40 CFR 270.33; (C) all monitoring requirements specified in 40 CFR 270.31; and (D) standards for treatment, storage, or disposal, or any combination of these activities, and other permit conditions under 40 CFR 270.30.
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(2) The draft permit shall be accompanied by a fact sheet that meets the requirements of K.A.R. 28-31-124d. (3) Public notice shall be given as specified in K.A.R. 28-31-124e. (4) The draft permit shall be made available for public comment as specified in 40 CFR 124.11. (5) Notice of opportunity for a public hearing shall be given as specified in 40 CFR 124.12. (d) A final decision to issue the permit shall be issued by the secretary if the findings of fact show that the facility or activity will be protective of human health and safety and the environment. A final decision to deny the permit shall be issued by the secretary if the findings of fact show that the facility or activity will not be protective of human health and safety and the environment. (e) A response to comments shall be issued by the secretary in accordance with 40 CFR 124.17. (f) Any person may appeal the decision in accordance with K.S.A. 65-3440 and K.S.A. 65-3456a(b), and amendments thereto. (Authorized by K.S.A. 65-3431; implementing K.S.A. 65-3431, 65-3433, 65-3437, and 65-3439; effective April 29, 2011.) 28-31-124d. Procedures for permitting; fact sheet. A fact sheet for each draft permit shall be prepared and distributed by the department according to the following requirements: (a) The fact sheet shall be sent by the department to the applicant and to each person who requests the fact sheet. (b) The fact sheet shall briefly describe the principal facts and the significant factual, legal, methodological, and policy questions considered in preparing the draft permit. (c) The fact sheet shall include the following information: (1) A brief description of the type of facility or activity that is the subject of the draft permit; (2) the type and quantity of wastes, fluids, or pollutants that are proposed to be or are being treated, stored, disposed of, injected, emitted, or discharged; (3) the reasons why each requested variance or alternative to required standards do or do not appear justified; (4) a description of the procedures for reaching a final decision on the draft permit, including the following information: (A) The beginning and ending dates of the comment period as specified in K.A.R. 28-31-124e and the address where comments will be received; (B) the procedures for requesting a hearing and the nature of that hearing; and (C) all other procedures by which the public may participate in the final decision; and (5) the name and telephone number of a person to contact for additional information. (Authorized by and implementing K.S.A. 65-3431; effective April 29, 2011.) 28-31-124e. Procedures for permitting; public notice of permit actions and public comment period. Public notices shall be given by the department according to the following criteria: (a) A public notice shall be given if one or more of the following actions have occurred:
(1) A permit application has been tentatively denied under K.A.R. 28-31-124c. (2) A draft permit has been prepared under K.A.R. 2831-124c. (3) A hearing has been scheduled under 40 CFR 124.12, as adopted by reference in K.A.R. 28-31-124. (b) No public notice shall be required if a request for permit modification, revocation and reissuance, or termination is denied under K.A.R. 28-31-124b. Written notice of the denial shall be provided by the department to the person who made the request and to the permittee. (c) The public notice may describe more than one permit or permit action. (d) The public notice shall be given in accordance with the following time frames: (1) The public notice of the preparation of a draft permit, including a notice of intent to deny a permit application, required under subsection (a) shall allow at least 45 days for public comment. (2) The public notice of the public hearing shall be given at least 30 days before the hearing. (3) The public notice of the hearing may be given at the same time as the public notice of the draft permit and the two notices may be combined. (e) Public notice of the activities described in subsection (a) shall be given using the following methods: (1) Mailing a copy of the notice to the following persons, except to any person that has waived the right to receive notices for the class or category of the permit described in the notice: (A) The applicant; (B) each agency that has issued or is required to issue a permit for the same facility or activity, including EPA; (C) all federal and state agencies with jurisdiction over fish, shellfish, or wildlife resources, the advisory council on historic preservation, state historic preservation officers, and all affected states and Indian tribes; (D) each person on the mailing list, which shall be developed by the department using the following methods: (i) Each person who requests in writing to be on the mailing list shall be added to the mailing list; (ii) participants in past proceedings in that area shall be solicited for inclusion on the mailing list; (iii) the public shall be notified of the opportunity to be put on the mailing list through periodic publication in the public press and in publications which may include regional and state-funded newsletters, environmental bulletins, and state law journals; and (iv) the mailing list may be updated by the department by requesting written indication of continued interest from persons on the list. The name of any person who fails to respond to such a request may be deleted from the list by the department; (E) each unit of local government having jurisdiction over the area where the facility is proposed to be located; and (F) each state agency having any authority under state law with respect to the construction or operation of the facility; (2) publishing a notice in the official newspaper of the county in which the facility is located or proposed to be located or, if there is no official county newspaper, a
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newspaper published as provided in K.S.A. 64-101, and amendments thereto; (3) broadcasting over local radio stations; (4) giving notice in a manner constituting legal notice to the public under state of Kansas law; and (5) using any other method chosen by the department to give notice of the action in question to the persons potentially affected by it, including press releases or any other forum or medium to elicit public participation. (f) Each public notice shall contain the following information: (1) The name and address of the office processing the permit; (2) the name and address of the permittee or the permit applicant and, if different, of the facility or activity regulated by the permit; (3) a brief description of the business conducted at the facility or the activities described in the permit application or the draft permit; (4) the name, address, and telephone number of a person from whom interested persons may obtain further information, including copies of the draft permit, the fact sheet, and the application; (5) a brief description of the comment procedures required by 40 CFR 124.11 and 124.12, as adopted by reference in K.A.R. 28-31-124; (6) the time and place of each hearing that has been scheduled; (7) a statement of the procedures to request a hearing, unless a hearing has already been scheduled; (8) all other procedures required for public participation in the final permit decision; (9) the times when the record will be open for public inspection and a statement that all data submitted by the applicant is available as part of the administrative record; and (10) any additional information necessary to allow full public participation in the final permit decision. (g) The public notice of each hearing held pursuant to 40 CFR 124.12, as adopted by reference in K.A.R. 28-31124, shall contain all of the information described in subsection (f) of this regulation plus the following information: (1) Reference to the date of previous public notices relating to the permit; (2) the date, time, and place of the hearing; and (3) a brief description of the nature and purpose of the hearing, including the rules and procedures. (h) In addition to the general public notice described in subsection (f), a copy of each of the following documents shall be mailed by the department to all persons identified in paragraphs (e)(1)(A) through (D): (1) The fact sheet; and (2) the permit application or the draft permit. (Authorized by K.S.A. 65-3431; implementing K.S.A. 65-3431 and 65-3433; effective April 29, 2011.) 28-31-260. General provisions and definitions; adoption and modification of federal regulations. (a) Adoption. The provisions of 40 CFR part 260, as in effect on July 1, 2006, are hereby adopted by reference subject to the following:
(1) The substitution of terms listed in K.A.R. 28-31-100 through 28-31-100s; (2) the exclusions from adoption listed in subsection (b); and (3) the modifications listed in subsection (c). (b) Exclusions. The following portions of 40 CFR part 260 shall be excluded from adoption: (1) All comments and all notes; (2) 40 CFR 260.1; (3) in 40 CFR 260.10, the definition of performance track member facility; (4) 40 CFR 260.11; (5) 40 CFR 260.20 through 260.23; (6) 40 CFR 260.40 and 260.41; and (7) appendix I. (c) Modifications. The following modifications shall be made to 40 CFR part 260: (1) The text of 40 CFR 260.2 shall be replaced with the following: The Kansas open records act and K.S.A. 653447 shall apply to all information provided to the department. (2) The following definitions in 40 CFR 260.10 shall be modified as follows: (A) The definition of existing tank system or existing component shall be modified by replacing on or prior to July 14, 1986 with on or before July 14, 1986 for HSWA tanks and on or before May 1, 1987 for nonHSWA tanks. (B) The definition of facility shall be modified by deleting the phrase under RCRA Section 3008(h). (C) The definition of new tank system or new tank component shall be modified by replacing both occurrences of July 14, 1986 with July 14, 1986 for HSWA tanks and May 1, 1987 for non-HSWA tanks. (D) The definition of qualified ground-water scientist shall be replaced with the following definition: qualified ground-water scientist means a licensed geologist or professional engineer who has sufficient training and experience in groundwater hydrology and related fields. Sufficient training may be demonstrated by a professional certification or by the completion of an accredited university program that enables the individual to make sound professional judgments regarding groundwater monitoring, contaminant fate and transport, and corrective action. (E) The definition of small quantity generator shall be replaced by the following definition: Small quantity generator means a generator who meets all of the following criteria: (i) Generates more than 100 kilograms (220 pounds) of hazardous waste in any single calendar month; (ii) generates less than 1,000 kilograms (2,200 pounds) of hazardous waste in any single calendar month; and (iii) generates and accumulates acutely hazardous waste and other waste listed in 40 CFR 261.5(e) in quantities less than the generation limits listed in 40 CFR 261.5(e). (d) Differences between state and federal definitions. If the same term is defined differently both in K.S.A. 653430 et seq. and amendments thereto or this article and in any federal regulation adopted by reference in this ar(continued)
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ticle, the definition prescribed in the Kansas statutes or regulations shall control, except for the term solid waste. (Authorized by and implementing K.S.A. 653431; effective April 29, 2011.) 28-31-260a. General provisions and definitions; additional state definitions. Each reference in this regulation to a federal regulation shall mean that federal regulation as adopted by reference in K.A.R. 28-31-124 through 28-31-279. (a) State definitions. The following definitions shall apply to K.A.R. 28-31-4 through 28-31279: (1) Conditionally exempt small quantity generator means a generator who meets both of the following criteria: (A) Generates less than 25 kilograms (55 pounds) of hazardous waste in any single calendar month; and (B) generates and accumulates acutely hazardous waste and other waste listed in 40 CFR 261.5(e) in quantities less than the generation limits listed in 40 CFR 261.5(e). (2) HSWA drip pad means a drip pad associated with the handling of waste designated as F032 waste in 40 CFR 261.31. (3) HSWA tank means any of the following tanks: (A) A tank owned or operated by a generator of less than 1,000 kilograms (2,200 pounds) of hazardous waste in any single calendar month; (B) a new underground tank; or (C) an existing underground tank that cannot be entered for inspection. (4) Kansas hazardous waste facility permit means a permit issued under the Kansas hazardous waste program. (5) Kansas hazardous waste program means the hazardous waste management program operated by the state of Kansas in lieu of the U.S. environmental protection agency, authorized by and implementing K.S.A. 65-3430 et seq. and amendments thereto. (6) Kansas licensed geologist means a person who has a current license to practice geology from the state board of technical professions pursuant to K.S.A. 74-7001 et seq., and amendments thereto. (7) Kansas professional engineer means a person who has a current license to practice engineering from the state board of technical professions pursuant to K.S.A. 74-7001 et seq., and amendments thereto. (8) Kansas small quantity generator means a generator that meets all of the following criteria: (A) Generates 25 kilograms (55 pounds) or more of hazardous waste in any single calendar month; (B) generates no more than 100 kilograms (220 pounds) of hazardous waste in any single calendar month; and (C) generates and accumulates acutely hazardous waste and other waste listed in 40 CFR 261.5(e) in quantities less than the generation limits listed in 40 CFR 261.5(e). (9) Large quantity generator means a generator who meets either or both of the following criteria: (A) Generates 1,000 kilograms (2,200 pounds) or more of hazardous waste in any single calendar month; or (B) generates or accumulates acutely hazardous waste and other waste listed in 40 CFR 261.5(e) in quantities
equal to or greater than the generation limits listed in 40 CFR 261.5(e). (10) Non-HSWA drip pad means a drip pad for handling wastes designated as F034 and F035 wastes in 40 CFR 261.31. (11) Non-HSWA tank means any tank except the following tanks: (A) Tanks owned or operated by a generator of less than 1,000 kilograms (2,200 pounds) of hazardous waste in any single calendar month; (B) new underground tanks; and (C) existing underground tanks that cannot be entered for inspection. (b) Differences between state and federal definitions. If the same term is defined differently both in K.S.A. 653430 et seq. and amendments thereto or this article and in any federal regulation adopted by reference in this article, the definition prescribed in the Kansas statutes or regulations shall control, except for the term solid waste. (Authorized by K.S.A. 65-3431; implementing K.S.A. 65-3431 and 65-3451; effective April 29, 2011.) 28-31-261. Identification and listing of hazardous waste; adoption and modification of federal regulations. (a) Adoption. The provisions of 40 CFR part 261, including appendices I, VII, and VIII, as in effect on July 1, 2006, are hereby adopted by reference subject to the following: (1) The substitution of terms listed in K.A.R. 28-31-100 through 28-31-100s; (2) the exclusions from adoption listed in subsection (b); and (3) the modifications listed in subsection (c). (b) Exclusions. The following portions of 40 CFR part 261 shall be excluded from adoption: (1) All comments and all notes; (2) 40 CFR 261.4(b)(16) through (18); and (3) 40 CFR 261.6(a)(2)(v). (c) Modifications. The following modifications shall be made to 40 CFR part 261: (1) Each occurrence of the following phrases shall be deleted: (A) (incorporated by reference, see 260.11); (B) , and as incorporated by reference in 260.11 of this chapter; and (C) , as incorporated by reference in 260.11 of this chapter. (2) In 40 CFR 261.1(b)(2), the phrase under sections 3007, 3013, and 7003 of RCRA shall be deleted. (3) In 40 CFR 261.1(b)(2)(i), the following replacements shall be made: (A) The phrase sections 3007 and 3013 shall be replaced with K.S.A. 65-3431, 65-3437 and 65-3441, and K.A.R. 28-31-12. (B) The phrase section 1004(27) of RCRA shall be replaced with 40 CFR 261.2. (C) The phrase section 1004(5) of RCRA shall be replaced with K.S.A. 65-3430. (4) In 40 CFR 261.4(e)(3)(iii), the text in the Region where the sample is collected shall be deleted. (5) 40 CFR 261.5(a) shall be replaced by the definition of conditionally exempt small quantity generator in K.A.R. 28-31-260a.
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(6) In 40 CFR 261.5(e), (f)(2), and (g)(2), the phrases that acute hazardous waste and those accumulated wastes shall be replaced with the phrase the generators hazardous waste and acute hazardous waste. (7) In 40 CFR 261.5(g), the phrase 100 kilograms shall be replaced with the phrase 25 kilograms (55 pounds). (8) In 40 CFR 261.5(g)(2), the phrase generators of between 100 kg and 1000 kg of hazardous waste in a calendar month shall be replaced with the phrase small quantity generators. (9) In 40 CFR 261.5(g)(3), the phrase or ensure delivery shall be replaced with or, subject to the restrictions of K.A.R. 28-31-262a, ensure delivery. (10) In 40 CFR 261.21(a)(3), the phrase an ignitable compressed gas as defined in 49 CFR 173.300 shall be replaced with the phrase a flammable gas as defined in 49 CFR 173.115(a). (11) In 40 CFR 261.21(a)(4), the phrase 49 CFR 173.151 shall be replaced with 49 CFR 173.127(a). (12) 40 CFR 261.23(a)(8) shall be replaced with the following: It is a forbidden explosive as defined in 49 CFR 173.54, or it is a division 1.1, 1.2, or 1.3 explosive, as defined in 49 CFR 173.50 and 173.53. (13) In 40 CFR 261.33(e), the text be the small quantity exclusion defined in shall be deleted. (14) In 40 CFR 261.33(f), the phrase the small quantity generator exclusion defined in shall be deleted. (15) In 40 CFR 261.38(c)(1)(i), the introductory paragraph shall be replaced with Notice to the secretary. (16) In 40 CFR part 261, appendix VII, the entries in both columns for K064, K065, K066, K090, and K091 shall be deleted. (Authorized by and implementing K.S.A. 65-3431; effective April 29, 2011.) 28-31-261a. Identification and listing of hazardous waste; additional state requirements. Each conditionally exempt small quantity generator shall comply with K.A.R. 28-31-262a. (Authorized by and implementing K.S.A. 65-3431; effective April 29, 2011.) 28-31-262. Generators of hazardous waste; adoption and modification of federal regulations. (a) Adoption. The provisions of 40 CFR part 262, including the appendix, as in effect on July 1, 2006, are hereby adopted by reference subject to the following: (1) The substitution of terms listed in K.A.R. 28-31-100 through 28-31-100s; (2) the exclusions from adoption listed in subsection (b); and (3) the modifications listed in subsection (c). (b) Exclusions. The following portions of 40 CFR part 262 shall be excluded from adoption: (1) All comments and all notes, except in the appendix; (2) 40 CFR 262.10(j) and (k); (3) 40 CFR 262.34(g) through (l); (4) 40 CFR 262.89(e); and (5) subparts I and J. (c) Modifications. The following modifications shall be made to 40 CFR part 262: (1) In 40 CFR 262.10(g), the phrase and K.S.A. 653441(b) and (c) and 65-3444 through 65-3446 shall be inserted after the phrase section 3008 of the Act.
(2) 40 CFR 262.11(c)(1) shall be replaced with the following text: Submitting the waste for testing according to the methods in 40 CFR part 261, subpart C, by a laboratory that is certified for these analyses by the department; or. (3) The first paragraph in 40 CFR 262.20(e) shall be replaced with the following text: The requirements of this subpart do not apply to hazardous waste produced by Kansas small quantity generators and small quantity generators if all of the following criteria are met:. (4) In 40 CFR 262.27(b), the phrase or a Kansas small quantity generator shall be inserted at the end of the first sentence. (5) In 40 CFR 262.34(a)(2), the phrase and tank shall be inserted after the phrase each container. (6) In 40 CFR 262.34(c)(1), the text A generator may accumulate as much as 55 gallons of hazardous waste or one quart of acutely hazardous waste listed in 261.33(e) in containers shall be replaced with the following text: Any generator may accumulate 55 gallons or less, in no more than one container, of each type of hazardous waste and one quart or less, in no more than one container, of each type of acutely hazardous waste listed in 261.33(e). (7) 40 CFR 262.34(c)(1)(ii) shall be replaced with the following text: Marks the containers with the words Hazardous Waste. (8) At the end of 40 CFR 262.34(d)(5)(ii)(C), the following text shall be inserted as new subparagraph (D): If the generator relies solely on cell phones, the generator shall meet the following requirements: (1) Post the information addressed by subparagraphs (A) through (C) on walls so that they can be readily seen by employees; (2) train all employees that manage hazardous waste on the locations of these postings; and (3) program the telephone numbers into the cell phones of management personnel. (9) In 40 CFR 262.42(b), the phrase greater than 100 kilograms shall be replaced with the phrase 25 kilograms or more. (10) In 40 CFR 262.43, the text , as he deems necessary under sections 2002(a) and 3002(6) of the Act, shall be deleted. (11) In 40 CFR 262.44, the following modifications shall be made: (A) In the title, the number 100 shall be replaced with the number 25. (B) In the first paragraph, the phrase greater than 100 kilograms shall be replaced with the phrase 25 kilograms or more. (Authorized by K.S.A. 65-3431; implementing K.S.A. 65-3431 and 65-3451; effective April 29, 2011.) 28-31-262a. Generators of hazardous waste; additional state requirements. Each reference in this regulation to a federal regulation shall mean that federal regulation as adopted by reference in K.A.R. 28-31-124 through 28-31-279. (a) Transportation requirements. (1) Each generator that transports hazardous waste shall comply with K.A.R. 28-31-263a. (2) Each generator that uses another person to transport hazardous waste shall use only a transporter who has
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registered with the department in accordance with K.A.R. 28-31-6. (b) Reporting requirements. Each generator of hazardous waste, except conditionally exempt small quantity generators (CESQGs), shall submit a report to the department that indicates whether the generator is a large quantity generator (LQG), a small quantity generator (SQG), or a Kansas small quantity generator (KSQG). The generator shall comply with the following requirements: (1) Submit the report on a form provided by the department; (2) submit the monitoring fee required by K.A.R. 2831-10 with the report; (3) submit the report according to the following schedule: (A) Each LQG report shall be due on or before March 1 of each year that the biennial report is not required; (B) each SQG report shall be due on or before April 1 of each year; and (C) each KSQG report shall be due on or before April 1 of each year; and (4) keep a copy of each report for at least three years after the date of the signature on the report. (c) Additional requirement for LQGs. Each LQG shall comply with 40 CFR 265.15(d). (d) Additional requirements for SQGs. (1) In addition to meeting the requirements of 40 CFR 262.34(d)(5)(iii), each SQG shall meet the following requirements: (A) Provide the training to each employee no more than six months after the employee is hired or transferred to a new position; (B) repeat the training at least annually; (C) record the name of each employee, the date of the training, and the topics covered in the training; and (D) keep training records for each employee that has received the training for at least three years from the date of the training. Training records may accompany personnel transferred within the same company. (2) Each SQG shall comply with the following regulations: (A) 40 CFR 265.15(d); (B) 40 CFR 265.111(a) and (b); and (C) 40 CFR 265.114. (e) Additional requirements for KSQGs. (1) In the waste minimization certification found in item 15 of the uniform hazardous waste manifest, the phrase small quantity generator shall include KSQGs. (2) Each KSQG shall inspect each area where one or more hazardous waste containers are stored at least once every 31 days and shall look for deterioration and leaks. (3) Each KSQG shall comply with the following regulations: (A) 40 CFR part 262, subpart A; (B) 40 CFR part 262, subpart B, except KSQGs that are exempt from the transporter requirements of K.A.R. 2831-263a; (C) 40 CFR 262.30 through 262.33; (D) 40 CFR 262.34(a)(2) and (3), (c), and (d)(5); (E) 40 CFR 262.44; (F) 40 CFR part 262, subparts E through H; (G) 40 CFR 265.15(d);
(H) 40 CFR part 265, subpart C; (I) 40 CFR 265.171 through 265.173 and 265.177; (J) 40 CFR 265.201; and (K) 40 CFR 268.7(a)(5). (4) In addition to meeting the requirements of 40 CFR 262.34(d)(5)(iii), each KSQG shall meet the following requirements: (A) Provide the training to each employee no more than six months after the employee is hired or transferred to a new position; (B) repeat the training at least annually; (C) record the name of each employee, the date of the training, and the topics covered in the training; and (D) keep training records for each employee that has received the training for at least three years from the date of the training. Training records may accompany personnel transferred within the same company. (5) Each KSQG that accumulates more than 1,000 kilograms (2,200 pounds) of hazardous waste shall comply with all of the requirements for SQGs. (f) Additional requirements for CESQGs. (1) No person shall send CESQG hazardous waste to a construction and demolition landfill located in Kansas. (2) Each CESQG that accumulates 25 kilograms (55 pounds) or more of hazardous waste shall comply with all of the following requirements: (A) The CESQG shall inspect each area where one or more hazardous waste containers are stored at least once every 31 days looking for deterioration and leaks. (B) If the CESQG sends 25 kilograms (55 pounds) or more of hazardous waste at any one time to an off-site facility in Kansas, that waste shall be sent only to one of the following facilities: (i) A Kansas household hazardous waste facility that has a permit issued by the secretary and is approved by the secretary to accept CESQG waste; or (ii) a disposal facility that meets the requirements of 40 CFR 261.5(g)(3)(i), (ii), (iii), or (vii). (C) The CESQG shall comply with the following regulations: (i) 40 CFR 262.30 through 262.33; (ii) 40 CFR 262.34(a)(2) and (3); (iii) 40 CFR 265.15(d); (iv) 40 CFR 265.171 through 265.173 and 265.177; and (v) 40 CFR 265.201, if 25 kilograms (55 pounds) or more of hazardous waste is accumulated in one or more tanks. (Authorized by K.S.A. 65-3431; implementing K.S.A. 653431 and 65-3451; effective April 29, 2011.) 28-31-263. Transporters of hazardous waste; adoption and modification of federal regulations. (a) Adoption. The provisions of 40 CFR part 263, as in effect on July 1, 2006, are hereby adopted by reference subject to the following: (1) The substitution of terms listed in K.A.R. 28-31-100 through 28-31-100s; (2) the exclusions from adoption listed in subsection (b); and (3) the modifications listed in subsection (c). (b) Exclusions. All notes shall be excluded from adoption.
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(c) Modifications. The following modifications shall be made to 40 CFR part 263: (1) In 40 CFR 263.10(a), the following modifications shall be made: (A) The phrase the United States shall be replaced with Kansas. (B) The phrase or K.A.R. 28-31-262a shall be inserted at the end of the sentence. (2) In 40 CFR 263.20(h), the phrase greater than 100 kilograms shall be replaced with 25 kilograms (55 pounds) or more. (Authorized by K.S.A. 65-3431; implementing K.S.A. 65-3431 and 65-3451; effective April 29, 2011.) 28-31-263a. Transporters of hazardous waste; additional state requirements. Each reference in this regulation to a federal regulation shall mean that federal regulation as adopted by reference in K.A.R. 28-31-124 through 28-31-279. (a) Applicability. Each person that transports hazardous waste within, into, out of, or through Kansas shall comply with this regulation, except Kansas small quantity generators (KSQGs) and conditionally exempt small quantity generators (CESQGs) that meet the following conditions: (1) The generator is transporting the generators own hazardous waste to a household hazardous waste (HHW) facility that meets one of the following conditions: (A) If the generator is a KSQG, the HHW facility is permitted to accept KSQG waste. (B) If the generator is a CESQG, the HHW facility is permitted to accept CESQG waste. (2) The generator obtains a receipt for each load of hazardous waste delivered to the HHW facility. (3) The generator keeps a copy of each receipt for a minimum of three years after the date of delivery. (b) Registration and insurance. Each transporter of hazardous waste shall comply with the requirements of K.A.R. 28-31-6. (c) Transportation restrictions. Each transporter shall transport hazardous waste only for hazardous waste generators and facilities that are in compliance with the requirement to obtain an EPA identification number for the state in which the generator or facility is located. (d) Routing restrictions. (1) Each transporter of hazardous waste shall ensure that each vehicle containing hazardous waste is operated over a preferred route that minimizes risk to public health and safety and the environment. To select a preferred route, the transporter shall consider the following information, if available: (A) Accident rates; (B) the transit time; (C) population density and activities; and (D) the day of the week and the time of day during which transportation will occur. (2) Each transporter shall confine the transportation of hazardous wastes to preferred routes. Unless notice to the contrary is published in the Kansas register, all portions of the major highway system may be used. For the purposes of this subsection, the major highway system shall be considered to be all interstate routes, U.S. highways, state highways, and temporary detours designated by the
Kansas department of transportation. An interstate system bypass or beltway around a city shall be used when available. (3) Any transporter of hazardous waste may deviate from a preferred route under any of the following circumstances: (A) Emergency conditions that make continued use of the preferred route unsafe; (B) rest, fuel, and vehicle repair stops; or (C) deviations that are necessary to pick up, deliver, or transfer hazardous wastes. (Authorized by K.S.A. 653431; implementing K.S.A. 65-3431 and 65-3451; effective April 29, 2011.) 28-31-264. Hazardous waste treatment, storage, and disposal facilities; adoption and modification of federal regulations. (a) Adoption. The provisions of 40 CFR part 264, including appendices I, IV, V, VI, and IX, as in effect on July 1, 2006, are hereby adopted by reference subject to the following: (1) The substitution of terms listed in K.A.R. 28-31-100 through 28-31-100s; (2) the exclusions from adoption listed in subsection (b); and (3) the modifications listed in subsection (c). (b) Exclusions. The following portions of 40 CFR part 264 shall be excluded from adoption: (1) All comments and all notes; (2) 40 CFR 264.1(f) and (g)(12); (3) 40 CFR 264.15(b)(5); (4) 40 CFR 264.149 and 264.150; (5) 40 CFR 264.195(e); (6) 40 CFR 264.301(l); (7) 40 CFR 264.1030(d); (8) 40 CFR 264.1050(g); and (9) 40 CFR 264.1080(e), (f), and (g). (c) Modifications. The following modifications shall be made to 40 CFR part 264: (1) Each occurrence of the following text shall be deleted: (A) (incorporated by reference, see 260.11); (B) (incorporated by reference as specified in 260.11); (C) (incorporated by reference under 40 CFR 260.11); (D) 40 CFR 260.11(11); and (E) as incorporated by reference in 260.11 of this chapter. (2) In 40 CFR 264.1(g)(8)(D)(iii), the phrase and K.A.R. 28-31-124a through 28-31-124e shall be inserted after the phrase through 124 of this chapter. (3) In 40 CFR 264.15(b)(4), the following text shall be deleted: , except for Performance Track member facilities, that must inspect at least once each month, upon approval by the Director, as described in paragraph (b)(5) of this section. (4) In 40 CFR 264.112(d)(3), the phrase under section 3008 of RCRA shall be deleted. (5) In 40 CFR 264.113(d)(2), the phrase required under RCRA section 3019 shall be deleted. (6) The phrase determination pursuant to section 3008 of RCRA shall be replaced with determination by EPA
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pursuant to section 3008 of RCRA or by the state of Kansas under K.S.A. 65-3441, 65-3443, 65-3445, or 65-3439(e) in the following locations: (A) 40 CFR 264.143(c)(5); (B) 40 CFR 264.143(d)(8); (C) 40 CFR 264.145(c)(5); and (D) 40 CFR 264.145(d)(9). (7) The phrase licensed to transact the business of insurance, or eligible to provide insurance as an excess or surplus lines insurer, in one or more States shall be replaced with licensed to transact the business of insurance in Kansas or eligible to provide insurance as an excess or surplus lines insurer in Kansas in the following locations: (A) 40 CFR 264.143(e)(1); (B) 40 CFR 264.145(e)(1); (C) 40 CFR 264.147(a)(1)(ii) and (b)(1)(ii); and (D) 40 CFR 264.151(i) and (j). (8) In 40 CFR 264.143(h) and 264.145(h), the text If the facilities covered by the mechanism are in more than one Region, identical evidence of financial assurance must be submitted to and maintained with the Regional Administrators of all such regions shall be replaced with the following: If the facilities covered by the mechanism are in more than one state, identical evidence of financial assurance shall be submitted to and maintained with the state agency regulating hazardous waste, or with the appropriate regional administrator if the facility is located in an unauthorized state. (9) In 40 CFR 264.144(b) and (c), the phrase and the post-closure period shall be inserted after the phrase During the active life of the facility. (10) In 40 CFR 264.144(b), the phrase 264.145(b)(1) and (2) shall be replaced with paragraphs (b)(1) and (2) of this section. (11) In 40 CFR 264.147(a)(1)(i) and (b)(1)(i), the phrase Regional Administrator, or Regional Administrators shall be replaced with secretary, and regional administrators. (12) In 40 CFR 264.151(a)(1), (m)(1), and (n)(1), the phrase United States Environmental Protection Agency, EPA, an agency of the United States Government, shall be replaced with the phrase Kansas department of health and environment, or department. (13) In 40 CFR 264.151(b) and (c), the phrase U.S. Environmental Protection Agency (hereinafter called EPA) shall be replaced with Kansas department of health and environment (hereinafter called department). (14) In 40 CFR 264.151(d) and (k), the text between the title Irrevocable Standby Letter of Credit and Dear Sir or Madam: shall be replaced with the following:
Name and address of issuing institution: Secretary Kansas department of health and environment.
(15) In 40 CFR 264.151(d), the following text shall be deleted: [insert, if more than one Regional Administrator is a beneficiary, by any one of you]. (16) In 40 CFR 264.151(f) and (g), in section 3 of the Letter From Chief Financial Officer, the text In States where EPA is not administering the financial requirements of subpart H of 40 CFR part 264 or 265, shall be deleted.
(17) In 40 CFR 264.151(l), in paragraph (1) of the Governing Provisions of the Payment Bond, the phrase Section 3004 of the Resource Conservation and Recovery Act of 1976, as amended shall be replaced with 40 CFR 264.147 and 265.147. (18) In 40 CFR 264.174, the following text shall be deleted: , except for Performance Track member facilities, that may conduct inspections at least once each month, upon approval by the Director. To apply for reduced inspection frequencies, the Performance Track member facility must follow the procedures identified in 264.15(b)(5) of this part. (19) In 40 CFR 264.191(a), the phrase January 12, 1988 shall be replaced with January 12, 1988 for HSWA tanks or by May 1, 1988 for non-HSWA tanks. (20) In 40 CFR 264.191(c), the text July 14, 1986, must conduct this assessment within 12 months after the date that the waste becomes a hazardous waste shall be replaced with the following text: July 14, 1986 for HSWA tanks, or May 1, 1987 for non-HSWA tanks, shall conduct this assessment within 12 months after the date that the waste becomes a hazardous waste regulated by the state. (21) The phrase or RCRA Section 3008(h) shall be deleted from the following locations: (A) 40 CFR 264.551(a); and (B) 40 CFR 264.552(a). (22) In 40 CFR 264.553(a), the phrase or RCRA 3008(h) shall be deleted. (23) In 40 CFR 264.555(a), the term RCRA shall be deleted. (24) In 40 CFR 264.570(a), the following replacements shall be made: (A) Each occurrence of the text December 6, 1990 shall be replaced with December 6, 1990 for HSWA drip pads and April 25, 1994 for non-HSWA drip pads. (B) Each occurrence of the text December 24, 1992 shall be replaced with December 24, 1992 for HSWA drip pads and April 25, 1994 for non-HSWA drip pads. (25) In 40 CFR 264.570(c)(1)(iv), the term Federal regulations shall be replaced with federal and state regulations. (26) In 40 CFR 264.1033(a)(2)(iii) and 264.1060(b)(3), the term EPA shall be deleted. (27) In 40 CFR 264.1080(b)(5), the text required under the corrective action authorities of RCRA sections 3004(u), 3004(v), or 3008(h); CERCLA authorities; or similar Federal or State authorities shall be replaced with the following: required by EPA under the corrective action authorities of RCRA sections 3004(u), 3004(v), or 3008(h) or under CERCLA authorities; required by the state under K.S.A. 65-3443, 65-3445, and 65-3453; or required under similar federal or state authorities. (28) In 40 CFR 264.1101(c)(4), the following text shall be deleted: (A) , except for Performance Track member facilities that must inspect at least once each month, upon approval by the Director,; and (B) [t]o apply for reduced inspection frequency, the Performance Track member facility must follow the procedures described in 264.15(b)(5). (Authorized by K.S.A. 65-3431; implementing K.S.A. 65-3431 and 65-3443; effective April 29, 2011.)
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28-31-264a. Hazardous waste treatment, storage, and disposal facilities; additional state requirements. Each reference in this regulation to a federal regulation shall mean that federal regulation as adopted by reference in K.A.R. 28-31-124 through 28-31-279. (a) Financial assurance. (1) For the purposes of this subsection, the following definitions shall apply: (A) Captive insurance company shall mean an insurance company that is established with the specific objective of financing risks emanating from its parent group or groups and that could or could not also insure risks of the parent groups customers. (B) Financial institution shall mean a bank, an insurance company, a surety company, or a trust company. (C) Purchased financial instrument shall mean a trust fund, a letter of credit, a surety bond, or an insurance policy. (D) Unrelated shall mean that neither party has any ownership of the other party, or any controlling interest in the other party. (2) Each financial institution that provides financial assurance for a hazardous waste facility in Kansas shall meet the following requirements, in addition to meeting the requirements of 40 CFR part 264, subpart H: (A) Each bank and each trust company shall have the authority to issue letters of credit in Kansas or to act as trustee for the facility in Kansas, or both. (B) Each insurance company shall meet the following criteria: (i) Have a current minimum rating in the secure or investment grade category by the A.M. Best insurance rating agency; and (ii) not be a captive insurance company. (C) Each surety company shall meet the following criteria: (i) Have a current minimum rating in the secure or investment grade category by the A.M. Best insurance rating agency; and (ii) be licensed in Kansas. (3) If the financial assurance required by 40 CFR part 264, 265, or 267 is a purchased financial instrument, the financial institution that provides the purchased financial instrument shall be unrelated to both the owner and the operator of the facility. (4) Each person that is required to submit the information listed in one or more of the following regulations shall also submit a copy of the most recent corporate annual report: (A) 40 CFR 264.143(f)(3); (B) 40 CFR 264.145(f)(3); (C) 40 CFR 265.143(e)(3); (D) 40 CFR 265.145(e)(3); or (E) 40 CFR 267.143(f)(2). (5) The corporate annual report required by paragraph (a)(4) shall be submitted for both publicly and privately owned facilities and shall contain the following items: (A) Financial statements; (B) notes to financial statements; and (C) a copy of the independent certified public accountants report, including an unqualified opinion.
(b) Notice in deed to property. Each owner of property on which a hazardous waste treatment, storage, or disposal facility is located shall record, in accordance with Kansas law, a notice with the register of deeds in the county where the property is located. The notice shall include the following information: (1) The land has been used to manage hazardous waste. (2) All records regarding permits, closure, or both are available for review at the department. (c) Restrictive covenant and easement. Any owner of property on which a hazardous waste treatment, storage, or disposal facility is or has been located may be required by the secretary to execute a restrictive covenant or easement, or both, according to the following requirements: (1) The restrictive covenant shall be filed with the county register of deeds, shall specify the uses that may be made of the property after closure, and shall include the following requirements: (A) All future uses of the property after closure shall be conducted in a manner that preserves the integrity of waste containment systems designed, installed, and used during operation of the disposal areas, or installed or used during the postclosure maintenance period. (B) The owner or tenant and all subsequent owners or tenants shall preserve and protect all permanent survey markers and benchmarks installed at the facility. (C) The owner or tenant and all subsequent owners or tenants shall preserve and protect all environmental monitoring stations installed at the facility. (D) The owner or tenant, all subsequent property owners or tenants, and any person granted easement to the property shall provide written notice to the secretary during the planning of any improvement to the site and shall commence any of the following activities only after receiving approval from the secretary: (i) Excavating or constructing any permanent structures or drainage ditches; (ii) altering the contours; (iii) removing any waste materials stored on the site; (iv) changing the vegetation grown on areas used for waste disposal; (v) growing food chain crops on land used for waste disposal; or (vi) removing any security fencing, signs, or other devices installed to restrict public access to waste storage or disposal areas. (2) The easement shall state that the department, its duly authorized agents, or contractors employed by or on behalf of the department may enter the premises to accomplish any of the following tasks: (A) Complete items of work specified in the site closure plan; (B) perform any item of work necessary to maintain or monitor the area during the postclosure period; or (C) sample, repair, or reconstruct environmental monitoring stations constructed as part of the site operating or postclosure requirements. (3) Each offer or contract for the conveyance of easement, title, or other interest to real estate used for treatment, storage, or disposal of hazardous waste shall disclose all terms, conditions, and provisions for care and
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subsequent land uses that are imposed by these regulations or the site permit authorized and issued under K.S.A. 65-3431, and amendments thereto. Conveyance of title, easement, or other interest in the property shall contain provisions for the continued maintenance of waste containment and monitoring systems. (4) All covenants, easements, and other documents related to this regulation shall be permanent, unless extinguished by agreement between the property owner and the secretary. (5) The owner of the property shall pay all recording fees. (d) Marking requirements. Each operator of a hazardous waste container storage facility or a tank storage facility shall mark all containers and tanks in accordance with 40 CFR 262.34(a)(2) and (3). (e) Environmental monitoring. All samples analyzed in accordance with 40 CFR part 264, subpart F or G or 40 CFR part 265, subpart F or G shall be conducted by a laboratory certified for these analyses by the secretary, except that analyses of time-sensitive parameters, including pH, temperature, and specific conductivity, shall be conducted at the time of sampling if possible. (f) Laboratory certification. For hazardous waste received at a treatment, storage, or disposal facility with the intent of burning for destruction or energy recovery, all quantification analyses performed for the purpose of complying with permit conditions shall be performed by a laboratory certified for these analyses by the secretary, if this certification is available. (g) Hazardous waste injection wells. The owner or operator of each hazardous waste injection well shall comply with the requirements of article 46 of these regulations. (Authorized by K.S.A. 65-3431; implementing K.S.A. 65-3431 and 65-3443; effective April 29, 2011.) 28-31-265. Interim status hazardous waste treatment, storage, and disposal facilities; adoption and modification of federal regulations. (a) Adoption. The provisions of 40 CFR part 265, including appendices I and III, IV, V, and VI, as in effect on July 1, 2006, are hereby adopted by reference subject to the following: (1) The substitution of terms listed in K.A.R. 28-31-100 through 28-31-100s; (2) the exclusions from adoption listed in subsection (b); and (3) the modifications listed in subsection (c). (b) Exclusions. The following portions of 40 CFR part 265 shall be excluded from adoption: (1) All comments and all notes; (2) 40 CFR 265.1(c)(4) and (15); (3) 40 CFR 265.15(b)(5); (4) 40 CFR 265.149 and 265.150; (5) 40 CFR 265.195(d); (6) 40 CFR 265.201(e); (7) 40 CFR 265.1030(c); (8) 40 CFR 265.1050(f); and (9) 40 CFR 265.1080(e), (f), and (g). (c) Modifications. The following modifications shall be made to 40 CFR part 265: (1) Each occurrence of the following phrases shall be deleted:
(A) (incorporated by reference, see 260.11); (B) (incorporated by referencerefer to 260.11 of this chapter); (C) (incorporated by reference as specified in 260.11); (D) (incorporated by reference under 260.11); (E) (incorporated by reference under 260.11 of this chapter); (F) as incorporated by reference in 260.11; and (G) as incorporated by reference in 260.11 of this chapter. (2) In 40 CFR 265.1(b), the phrase issued under section 3005 of RCRA shall be replaced with issued by EPA under section 3005 of RCRA or a Kansas hazardous waste facility permit is issued by the department. (3) In 40 CFR 265.1(c)(11)(iii), the phrase and K.A.R. 28-31-124a through 28-31-124e shall be inserted after the phrase through 124 of this chapter. (4) In 40 CFR 265.15(b)(4), the following text shall be deleted: , except for Performance Track member facilities, that must inspect at least once each month, upon approval by the Director, as described in paragraph (b)(5) of this section. (5) In 40 CFR 265.90(e), the term qualified professional shall be replaced with Kansas professional engineer. (6) In 40 CFR 265.112(d)(3)(ii), the phrase under section 3008 of RCRA shall be deleted. (7) In 40 CFR 265.113(d)(2), the phrase required under RCRA section 3019 shall be deleted. (8) In 40 CFR 265.118(e)(2), the phrase under section 3008 of RCRA shall be deleted. (9) In 40 CFR 265.143(c)(8) and 265.145(c)(9), the phrase determination pursuant to section 3008 of RCRA shall be replaced by determination by EPA pursuant to section 3008 of RCRA or by the state under K.S.A. 65-3441, 65-3443, 65-3445, or 65-3439(e). (10) In 40 CFR 265.143(g) and 265.145(g), the text If the facilities covered by the mechanism are in more than one Region, identical evidence of financial assurance must be submitted to and maintained with the Regional Administrators of all such Regions shall be replaced with the following: If the facilities covered by the mechanism are in more than one state, identical evidence of financial assurance shall be submitted to and maintained with the state agency regulating hazardous waste, or with the appropriate regional administrator if the facility is located in an unauthorized state. (11) In 40 CFR 265.144(b) and (c), the phrase and the post-closure period shall be inserted after the phrase During the active life of the facility. (12) In 40 CFR 265.144(b), the following replacements shall be made: (A) The phrase 265.145(d)(5) shall be replaced with 265.145(e)(5). (B) The phrase 265.145(b)(1) and (2) shall be replaced with paragraphs (b)(1) and (2) of this section. (13) In 40 CFR 265.147(a)(1)(i), the text Regional Administrator, or Regional Administrators shall be replaced with secretary, and regional administrators. (14) In 40 CFR 265.174, the following language shall be deleted: , except for Performance Track member facili-
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ties, that must conduct inspections at least once each month, upon approval by the Director. To apply for reduced inspection frequency, the Performance Track member facility must follow the procedures described in 265.15(b)(5) of this part. (15) In 40 CFR 265.191(a), the text January 12, 1988 shall be replaced with January 12, 1988 for HSWA tanks, and May 1, 1988 for non-HSWA tanks. (16) In 40 CFR 265.191(c), the text July 14, 1986 must conduct this assessment within 12 months after the date that the waste becomes a hazardous waste shall be replaced with the following: July 14, 1986 for HSWA tanks, or May 1, 1987 for non-HSWA tanks, shall conduct this assessment within 12 months after the date that the waste becomes a hazardous waste regulated by the state. (17) In 40 CFR 265.201, the following modifications shall be made: (A) In the title, the phrase between 100 and 1,000 kg/ mo shall be replaced with less than 1,000 kg/mo. (B) Paragraph (a) shall be replaced with the following: The requirements of this section shall apply to each small quantity generator, and to each Kansas small quantity generator and conditionally exempt small quantity generator that accumulates 25 kg (55 pounds) or more of hazardous waste in one or more tanks. (C) In paragraphs (b), (f), (g), and (h), the phrases generators of between 100 and 1,000 kg/mo hazardous waste and generators of between 100 and 1,000 kg/mo shall be replaced with generators identified in paragraph (a) of this section. (D) In paragraphs (c) and (d), the number 100 shall be replaced with 25. (18) In 40 CFR 265.340(b)(2), the phrase 264.351 shall be replaced with 265.351. (19) In 40 CFR 265.440(a), the following replacements shall be made: (A) Each occurrence of the text December 6, 1990 shall be replaced with December 6, 1990 for HSWA drip pads and April 25, 1994 for non-HSWA drip pads. (B) Each occurrence of the text December 24, 1992 shall be replaced with December 24, 1992 for HSWA drip pads and April 25, 1994 for non-HSWA drip pads. (20) In 40 CFR 265.440(c)(1)(iv), the term Federal regulations shall be replaced with federal and state regulations. (21) In 40 CFR 265.1080(b)(5), the text required under the corrective action authorities of RCRA sections 3004(u), 3004(v), or 3008(h); CERCLA authorities; or similar federal or state authorities shall be replaced by the following: required by EPA under the corrective action authorities of RCRA sections 3004(u), 3004(v), or 3008(h) or under CERCLA authorities; required by the state under K.S.A. 65-3443, 65-3445, and 65-3453; or required under similar Federal or State authorities. (22) In 40 CFR 265.1101(c)(4), the following text shall be deleted: (A) , except for Performance Track member facilities, that must inspect up to once each month, upon approval of the director,; and (B) [t]o apply for reduced inspection frequency, the Performance Track member facility must follow the procedures described in 265.15(b)(5). (Authorized by
K.S.A. 65-3431; implementing K.S.A. 65-3431 and 65-3443; effective April 29, 2011.) 28-31-265a. Interim status hazardous waste treatment, storage, and disposal facilities; additional state requirements. Each owner or operator of an interim status hazardous waste treatment, storage, or disposal facility shall comply with K.A.R. 28-31-264a. (Authorized by K.S.A. 65-3431; implementing K.S.A. 65-3431 and 653443; effective April 29, 2011.) 28-31-266. Specific hazardous wastes and specific types of hazardous waste management facilities; adoption and modification of federal regulations. (a) Adoption. The provisions of 40 CFR part 266, including appendices I through IX and XI through XIII, as in effect on July 1, 2006, are hereby adopted by reference subject to the following: (1) The substitution of terms listed in K.A.R. 28-31-100 through 28-31-100s; (2) the exclusions from adoption listed in subsection (b); and (3) the modifications listed in subsection (c). (b) Exclusions. The following portions of 40 CFR part 266 shall be excluded from adoption: (1) All notes, except in appendix IX; (2) 40 CFR 266.103; (3) in 40 CFR 266.210, the definition of we or us; and (4) subpart O. (c) Modifications. The following modifications shall be made to 40 CFR part 266: (1) Each occurrence of the following phrases shall be deleted: (A) (incorporated by reference, see 260.11); (B) (incorporated by reference, in 260.11); (C) (incorporated by reference in 260.11); (D) , as incorporated by reference in 260.11 of this chapter; and (E) , incorporated by reference in 260.11,. (2) In 40 CFR 266.23(a), the phrase subparts A through N of parts 124, 264, 265, 268, and 270 of this chapter shall be replaced with subparts A through N of 40 CFR parts 264 and 265, 40 CFR parts 268 and 270, K.A.R. 28-31-124 through 124e,. (3) In 40 CFR 266.202(d), the following modifications shall be made: (A) The phrase For the purposes of RCRA section 1004(27), shall be deleted. (B) The text or imminent and substantial endangerment authorities under section 7003 shall be replaced with and the Kansas enforcement authorities at K.S.A. 65-3441(b) and (c), 65-3443, and 65-3445. (4) In 40 CFR 266.210 in the definition of naturally occurring and/or accelerator-produced radioactive material (NARM), the phrase by the States shall be replaced with by the state of Kansas. (5) In 40 CFR part 266, subpart N, the following replacements shall be made: (A) The term us shall be replaced with the department. (B) The term we shall be replaced with the secretary. (Authorized by and implementing K.S.A. 65-3431; effective April 29, 2011.)
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28-31-267. Hazardous waste facilities operating under a standardized permit; adoption and modification of federal regulations. (a) Adoption. The provisions of 40 CFR part 267, as in effect on July 1, 2006, are hereby adopted by reference subject to the following: (1) The substitution of terms listed in K.A.R. 28-31-100 through 28-31-100s; (2) the exclusions from adoption listed in subsection (b); and (3) the modifications listed in subsection (c). (b) Exclusions. The following portions of 40 CFR part 267 shall be excluded from adoption: (1) All comments and all notes; and (2) 40 CFR 267.150. (c) Modifications. The following modifications shall be made to 40 CFR part 267: (1) Each occurrence of the following phrases shall be deleted: (A) , as incorporated by reference in 40 CFR 260.11; and (B) (incorporated by reference, see 40 CFR 260.11). (2) In 40 CFR 267.12, the text your state hazardous waste regulatory agency or from your EPA regional office shall be replaced with the department. (3) In 40 CFR 267.112(d)(3), the phrase under section 3008 of RCRA shall be deleted. (4) In 40 CFR 267.151(a) and (b), the text [insert subpart H of 40 CFR part 267 or the citation to the corresponding state regulation] shall be replaced with K.A.R. 28-31-267. (Authorized by K.S.A. 65-3431; implementing K.S.A. 65-3431 and 65-3443; effective April 29, 2011.) 28-31-267a. Hazardous waste facilities operating under a standardized permit; additional state requirements. Each owner or operator of hazardous waste management facility that has been issued a standardized permit shall comply with K.A.R. 28-31-264a. (Authorized by K.S.A. 65-3431; implementing K.S.A. 653431 and 65-3443; effective April 29, 2011.) 28-31-268. Land disposal restrictions; adoption and modification of federal regulations. (a) Adoption. The provisions of 40 CFR part 268, including appendices III, IV, VI through IX, and XI, as in effect on July 1, 2006, are hereby adopted by reference subject to the following: (1) The substitution of terms listed in K.A.R. 28-31-100 through 28-31-100s; (2) the exclusions from adoption listed in subsection (b); and (3) the modifications listed in subsection (c). (b) Exclusions. The following portions of 40 CFR part 268 shall be excluded from adoption: (1) All comments and all notes, except in subpart D and appendix IX; (2) 40 CFR 268.13; and (3) 40 CFR 268.44(o). (c) Modifications. The following modifications shall be made to 40 CFR part 268: (1) Each occurrence of the following phrases shall be deleted: (A) (incorporated by reference, see 260.11 of this chapter);
(B) as incorporated by reference in 260.11; (C) as incorporated by reference in 260.11 of this chapter; (D) as incorporated by reference in 40 CFR 260.11; and (E) as referenced in 260.11 of this chapter. (2) In 40 CFR 268.1(e)(1), the term small quantity shall be deleted and the phrase 100 kilograms shall be replaced with 25 kilograms. (3) In 40 CFR 268.3(a), the phrase RCRA section 3004 shall be replaced with 40 CFR part 268. (4) In 40 CFR 268.7(a)(9)(iii), the phrase except for D009 shall be added to the end of the sentence. (5) In 40 CFR 268.7(a)(10), the phrase and Kansas small quantity generators shall be inserted after the term Small quantity generators. (6) In 40 CFR 268.7(d), the phrase 261.3(e) shall be replaced with 261.3(f). (7) 40 CFR 268.7(d)(1) shall be replaced with the following: A one-time notification, including the following information, shall be submitted to the department:. (8) In 40 CFR 268.14(b) and (c), the phrase section 3001 shall be replaced with 40 CFR part 261. (9) In 40 CFR 268.44(i), the phrase in 260.20(b)(1)(4) shall be replaced with required by EPAs rulemaking petition program. (10) In 40 CFR 268.50(a), the phrase of RCRA section 3004 shall be deleted. (11) In 40 CFR 268.50(e), the phrase or RCRA section 3004 shall be deleted. (Authorized by and implementing K.S.A. 65-3431; effective April 29, 2011.) 28-31-270. Hazardous waste permits; adoption and modification of federal regulations. (a) Adoption. The provisions of 40 CFR part 270, including appendix I to 270.42, as in effect on July 1, 2006, are hereby adopted by reference subject to the following: (1) The substitution of terms listed in K.A.R. 28-31-100 through 28-31-100s; (2) the exclusions from adoption listed in subsection (b); and (3) the modifications listed in subsection (c). (b) Exclusions. The following portions of 40 CFR part 270 shall be excluded from adoption: (1) In 40 CFR 270.1, subsections (a) and (b) and paragraphs (c)(1)(iii) and (c)(2)(ix); (2) 40 CFR 270.3; (3) 40 CFR 270.6; (4) 40 CFR 270.10(g)(1)(i); (5) 40 CFR 270.14(b)(18); (6) 40 CFR 270.42(i) and (l); (7) 40 CFR 270.60(a); and (8) 40 CFR 270.64. (c) Modifications. The following modifications shall be made to 40 CFR part 270: (1) In 40 CFR 270.1(c)(7), the following text shall be deleted: including, but not limited to, a corrective action order issued by EPA under section 3008(h), a CERCLA remedial action, or a closure or post-closure plan. (2) In 40 CFR 270.2, the following definitions shall be modified as follows: (A) Corrective action management unit.
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(i) The phrase or secretary shall be inserted after the term Regional Administrator. (ii) The word and shall be replaced with the term or by the regional administrator under. (B) Emergency permit. The term RCRA permit shall be replaced with RCRA or Kansas hazardous waste facility permit. (C) Permit. (i) The reference to 124 of this chapter shall be replaced with 124 of this chapter or K.A.R. 28-31-124 through 28-31-124e and 28-31-270. (ii) The term RCRA shall be deleted. (iii) The term agency shall be replaced with the phrase EPA or department. (D) Remedial action plan. The term RCRA permit shall be replaced with RCRA or Kansas hazardous waste facility permit. (E) Standardized permit. (i) The term RCRA permit shall be replaced with RCRA or Kansas hazardous waste facility permit. (ii) The term Directors shall be replaced with directors or secretarys. (3) In 40 CFR 270.10(a), the following language shall be inserted after the title Applying for a permit.: Each person that wants to apply for a permit to dispose of hazardous waste shall first petition the secretary for an exception to the Kansas prohibition against underground land burial under the requirements of K.A.R. 28-31-5. (4) In 40 CFR 270.10(e)(3), the text , or the secretary may under the authority of K.S.A. 65-3445, shall be inserted after the phrase section 3008 of RCRA. (5) In 40 CFR 270.10(e)(4), the second sentence shall be deleted. (6) In 40 CFR 270.10(f)(2), the second sentence shall be replaced with the following: The application shall be filed with the secretary. (7) In 40 CFR 270.10(g)(1)(ii), the text if the facility is located in a State which has obtained interim authorization or final authorization, shall be deleted. (8) In 40 CFR 270.10(g)(1)(iii), the text if the State in which the facility in question is located does not have interim authorization or final authorization; otherwise it shall be filed with the State Director (if the State has an analogous provision) shall be deleted. (9) 40 CFR 270.12 shall be replaced with K.S.A. 653447 shall apply to all information claimed as confidential. (10) In 40 CFR 270.13(k)(1), the term RCRA shall be replaced with RCRA or the Kansas hazardous waste program. (11) In 40 CFR 270.14(b)(20), the phrase Federal laws as required in 270.3 of this part shall be replaced with laws. (12) In 40 CFR 270.24(d)(3) and 270.25(e)(3), the phrase (incorporated by reference as specified in 270.6) shall be deleted. (13) In 40 CFR 270.32(a) the text , and for EPA issued permits only, 270.33(b) (alternate schedules of compliance) and 270.3 (considerations under Federal law) shall be deleted. (14) In 40 CFR 270.32(c), the following language shall be deleted:
(A) The second sentence, which starts For a permit issued by EPA; (B) the term EPA; and (C) the phrase and EPA administered programs. (15) In 40 CFR 270.43(b), the phrase or part 22 shall be deleted. (16) In 40 CFR 270.51(a), the title shall be replaced with Kansas hazardous waste facility permits and the phrase under 5 U.S.C. 558(c) shall be deleted. (17) In 40 CFR 270.51(d), the title shall be replaced with State continuation of an EPA permit and the phrase In a State with a hazardous waste program authorized under 40 CFR part 271, shall be deleted. (18) In 40 CFR 270.60, the phrase facilities in Kansas shall be inserted after the word following in the introductory paragraph. (19) In 40 CFR 270.70(a) and 270.73(d), the phrase under the Act shall be deleted. (20) 40 CFR 270.115 shall be replaced with the following: K.S.A. 65-3447 shall apply to all information claimed as confidential. (21) In 40 CFR 270.155(a), the following phrases shall be deleted: (A) [T]o EPAs Environmental Appeals Board; (B) [i]nstead of the notice required under 124.19(c) and 124.10 of this chapter,; (C) by the Environmental Appeals Board; (D) as provided by the Board; and (E) with the Board. (22) In 40 CFR 270.195, the phrase in RCRA sections 3004 and 3005 shall be deleted. (23) In 40 CFR 270.255(a)(3), each occurrence of the term we shall be replaced with the secretary. (24) In 40 CFR 270.310(d)(3), the phrase (incorporated by reference as specified in 40 CFR 260.11) shall be deleted. (Authorized by K.S.A. 65-3431; implementing K.S.A. 65-3431, 65-3433, 65-3437, and 65-3439; effective April 29, 2011.) 28-31-270a. Hazardous waste permits; petition to be granted an exception to the prohibition against underground burial of hazardous waste. This regulation shall apply to each person that wants to apply for a permit for the underground burial of hazardous waste. For the purposes of this regulation, this person shall be called a potential applicant. (a) Exception petition. Before applying for a permit according to the requirements of K.A.R. 28-31-124 through 28-31-124e and 28-31-270, each potential applicant shall submit to the secretary a petition for an exception to the prohibition against the underground burial of hazardous waste, as specified in K.S.A. 65-3458 and amendments thereto. (b) Contents of the exception petition. Each exception petition shall include the following items: (1) A complete chemical and physical analysis of the waste; (2) a list and description of all technologically feasible methods that could be considered to treat, store, or dispose of the waste; (3) for each method described in paragraph (b)(2), an economic analysis based upon a 30-year time period. The
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analysis shall determine the costs associated with treating, storing, disposing of, and monitoring the waste during this time period; and (4) a demonstration that underground burial is the only economically reasonable or technologically feasible methodology for the disposal of that specific hazardous waste. (c) Review and public notice for exception petitions. The review and public notice shall be conducted according to the following requirements: (1) The potential applicant shall submit the exception petition to the department. If the exception petition is not complete, the potential applicant shall be notified of the specific deficiencies by the department. (2) Upon receipt of a complete exception petition, a public notice shall be published by the department once each week for three consecutive weeks according to the following requirements: (A) The notice shall be published in the following publications: (i) The Kansas register; and (ii) the official county newspaper of the county in which the proposed underground burial would occur or, if there is no official county newspaper, a newspaper published as provided in K.S.A. 64-101 and amendments thereto. (B) The public notice shall include the following information: (i) The name of the potential applicant; (ii) a description of the specific waste; (iii) a description of the proposed disposal methods; (iv) a map indicating the location of the proposed underground burial; (v) the address of the location where the exception petition and related documents can be reviewed; (vi) the address of the location where copies of the exception petition and related documents can be obtained; (vii) a description of the procedure by which the exception petition will be reviewed; and (viii) the date and location of the public hearing. (3) A copy of the public notice shall be transmitted by the department to the clerk of each city that is located within three miles of the proposed underground burial site. (d) Public hearing and public comment period. The public hearing and public comment period shall be conducted according to the following requirements: (1) The public hearing shall be conducted in the same county as that of the proposed underground burial facility. (2) The public hearing shall be scheduled no earlier than 30 days after the date of the first public notice. (3) A hearing officer shall be designated by the secretary. (4) At the hearing, any person may submit oral comments, written comments, or data concerning the exception petition. Reasonable limits may be set by the hearing officer on the time allowed for oral statements, and the submission of statements in writing may be required by the hearing officer. (5) The public comment period shall end no earlier than the close of the public hearing. The hearing officer may extend the public comment period at the hearing.
(6) A recording or written transcript of the hearing shall be made available to the public by the department upon request. (7) A report shall be submitted by the hearing officer to the secretary detailing all written and oral comments submitted during the public comment period. The hearing officer may also recommend findings and determinations. (e) Approval or denial of the exception petition. The following procedures shall be followed by the secretary and the department: (1) If the secretary determines, based on the criteria specified in K.S.A. 65-3458 and amendments thereto, that the exception petition should be approved, an order shall be issued by the secretary. The order may require conditions that the secretary deems necessary to protect public health and safety and the environment. (2) If the secretary determines that there is not sufficient evidence to approve the exception petition, the potential applicant shall be notified by the department of the reasons why the exception petition is denied. (3) A public notice of the final decision to approve or deny the exception petition shall be published by the department in the following publications: (A) The Kansas register; and (B) the official county newspaper of the county in which the proposed underground burial would occur or, if there is no official county newspaper, a newspaper published as provided in K.S.A. 64-101 and amendments thereto. (4) A copy of the final decision shall be transmitted by the department to the clerk of each city that is located within three miles of the proposed underground burial site. (Authorized by K.S.A. 65-3431; implementing K.S.A. 2010 Supp. 65-3458; effective April 29, 2011.) 28-31-273. Universal waste; adoption and modification of federal regulations. (a) Adoption. The provisions of 40 CFR part 273, as in effect on July 1, 2006, are hereby adopted by reference subject to the following: (1) The substitution of terms listed in K.A.R. 28-31-100 through 28-31-100s; and (2) the exclusions from adoption listed in subsection (b). (b) Exclusions. The following portions of 40 CFR part 273 shall be excluded from adoption: (1) All comments and all notes; and (2) subpart G. (Authorized by and implementing K.S.A. 65-3431; effective April 29, 2011.) 28-31-279. Used oil; adoption and modification of federal regulations. (a) Adoption. The provisions of 40 CFR part 279, as in effect on July 1, 2006, are hereby adopted by reference subject to the following: (1) The substitution of terms listed in K.A.R. 28-31-100 through 28-31-100s; (2) the exclusions from adoption listed in subsection (b); and (3) the modifications listed in subsection (c). (b) Exclusions. The following portions of 40 CFR part 279 shall be excluded from adoption: (1) All comments and all notes; and (2) 40 CFR 279.82.
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(c) Modifications. The following modifications shall be made to 40 CFR part 279: (1) In 40 CFR 279.10(a), the text EPA presumes shall be replaced with EPA and the department presume. (2) In 40 CFR 279.12(b), the text , except when such activity takes place in one of the states listed in 279.82(c) shall be deleted. (3) The text and which has occurred after the effective date of the recycled used oil management program in effect in the State in which the release is located shall be deleted in the following locations: (A) 40 CFR 279.22(d); (B) 40 CFR 279.45(h); (C) 40 CFR 279.54(g); and (D) 40 CFR 279.64(g). (4) The parenthetical text in paragraph (b)(1) concerning the RCRA/Superfund Hotline and the sentence in paragraph (b)(2) concerning the RCRA/Superfund Hotline shall be deleted in the following sections: (A) 40 CFR 279.42; (B) 40 CFR 279.51; and (C) 40 CFR 279.62. (5) In 40 CFR 279.81(b), the phrase parts 257 and 258 of this chapter shall be replaced with K.S.A. 65-3401 et seq. and article 29. (Authorized by and implementing K.S.A. 65-3431; effective April 29, 2011.) 28-31-279a. Used oil; additional state prohibitions and requirements. (a) Prohibitions. (1) No person shall dispose of used oil on or into any of the following: (A) Sewers; (B) storm drainage systems; (C) surface water; (D) groundwater; or (E) the ground. (2) No person shall apply used oil as any of the following: (A) A coating; (B) a sealant; (C) a dust suppressant; (D) a pesticide carrier; or (E) any other similar application. (b) Transporter registration and insurance. Each transporter of used oil shall comply with the requirements of K.A.R. 28-31-6. (Authorized by and implementing K.S.A. 65-3431; effective April 29, 2011.) Robert Moser, M.D. Secretary of Health and Environment
Doc. No. 039284
Secretary of State
Certification of New State Laws I, Kris W. Kobach, Secretary of State of the State of Kansas, do hereby certify that each of the following bills is a correct copy of the original enrolled bill now on file in my office. Kris W. Kobach Secretary of State
SENATE BILL No. 12

AN ACT concerning civil procedure; relating to bankruptcy; exempt property; earned income tax credit. Be it enacted by the Legislature of the State of Kansas: Section 1. An individual debtor under the federal bankruptcy reform act of 1978 (11 U.S.C. 101 et seq.), may exempt the debtors right to receive tax credits allowed pursuant to section 32 of the federal internal revenue code of 1986, as amended, and K.S.A. 2010 Supp. 79-32,205, and amendments thereto. An exemption pursuant to this section shall not exceed the maximum credit allowed to the debtor under section 32 of the federal internal revenue code of 1986, as amended, for one tax year. Nothing in this section shall be construed to limit the right of offset, attachment or other process with respect to the earned income tax credit for the payment of child support or spousal maintenance. Sec. 2. This act shall take effect and be in force from and after its publication in the Kansas register.
House Substitute for SENATE BILL No. 101

AN ACT concerning cities and counties; relating to residential fire protection sprinkler systems; amending K.S.A. 2010 Supp. 1216,219 and repealing the existing section. Be it enacted by the Legislature of the State of Kansas: Section 1. K.S.A. 2010 Supp. 12-16,219 is hereby amended to read as follows: 12-16,219. (a) As used in this section: (1) Municipality means any city or county. (2) Residential structure means any improvement to real property to be used or occupied as a single-family dwelling or multi-family dwelling of two attached living units or less or any manufactured home. (b) On and after July 1, 2010, No municipality shall adopt or enforce any ordinance, order, code, standard or rule requiring the installation of a multi-purpose residential fire protection sprinkler system or any other fire sprinkler protection system in any residential structure. Nothing in this section shall prohibit any person from voluntarily installing a multi-purpose residential fire protection sprinkler system or any other fire sprinkler protection system in a residential structure. (c) The provisions of this section shall expire on July 1, 2011 No municipality shall require the installation of a multi-purpose residential fire protection sprinkler system in any residential structure as a condition for consideration or approval of any building permit or plat. Sec. 2. K.S.A. 2010 Supp. 12-16,219 is hereby repealed. Sec. 3. This act shall take effect and be in force from and after its publication in the Kansas register.
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AN ACT concerning the Kansas professional regulated sports act; pertaining to violations; pertaining to civil penalties; pertaining to fees; pertaining to rules and regulations; amending K.S.A. 2010 Supp. 74-50,181, 74-50,182, 74-50,185, 74-50,186, 74-50,187, 74-50,189, 74-50,193 and 74-50,194 and repealing the existing sections. Be it enacted by the Legislature of the State of Kansas: New Section 1. (a) Any person who violates any provision of this act or any rule and regulation adopted hereunder may incur, in addition to any other penalty provided by law, a civil penalty in an amount fixed by the commission not to exceed $10,000 for each violation. In the case of a continuing violation, every day such violation continues shall be deemed a separate violation. In determining the amount of the civil penalty, the commission shall take into consideration all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the nature and persistence of the violation, the length of time over which the violation occurs and any corrective actions taken. (b) All civil penalties assessed under this section shall be due and payable at the time of the violation. All payment of civil penalties assessed shall be held in an escrow fund by the boxing commissioner for 30 days after service on the person upon whom the penalty is being imposed. If a person upon whom a civil penalty has been imposed appeals the assessment, such assessment shall be held in the escrow fund until the commission affirms, reverses or modifies imposing the civil penalty. Once the assessment of the civil penalty becomes a final order, the commission shall deposit the amount of such assessment in the athletic fee fund. If the person who has been assessed a civil penalty does not appeal such assessment as provided in this section, the amount of the civil penalty assessed shall be deposited in the athletic fee fund. (c) No civil penalty shall be imposed under this section except upon the written order of the commissioner to the person upon whom the penalty is to be imposed, stating the nature of the violation, the penalty imposed and the right of the person upon whom the penalty is imposed to appeal to the commission. Within 15 days after service of the order imposing the civil penalty, the person upon whom the civil penalty has been imposed may make written request to the commission for a hearing or informal conference hearing in accordance with the provisions of the Kansas administrative procedure act. The commission shall affirm, reverse or modify the order and shall specify the reasons therefor. The decision of the commission shall be final unless review is sought under subsection (d). (d) Any person aggrieved by an order of the commission made under this section may appeal such order to the district court in the manner provided by the Kansas judicial review act. (e) Any civil penalty recovered pursuant to the provisions of this section shall be remitted to the state treasurer. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the athletic fee fund. (f) This section shall be a part of and supplemental to the Kansas professional regulated sports act. Sec. 2. K.S.A. 2010 Supp. 74-50,181 is hereby amended to read as follows: 74-50,181. K.S.A. 2010 Supp. 74-50,181 through 7450,196 and section 1, and amendments thereto, shall be known and may be cited as the Kansas professional regulated sports act. Sec. 3. K.S.A. 2010 Supp. 74-50,182 is hereby amended to read as follows: 74-50,182. As used in the Kansas professional regulated sports act: (a) Amateur mixed martial arts means any form of martial arts or self-defense conducted on a full-contact basis in a contest without weapons and in which the contestants compete without valuable consideration. (a) (b) Bout means one match involving a regulated sport. (b) (c) Commission means the athletic commission or the commissions designee. (c) (d) Contest means a bout or a group of bouts involving licensed contestants competing in a regulated sport. (d) (e) Contestant means a person who competes is licensed by the commission to compete in a regulated sport.
(e) (f) Fund means the athletic fee fund. (f) (g) Mandatory count of eight means a required count of eight that is given by a referee to a contestant who has been knocked down. Grappling arts means any form of grappling including, but not limited to, Brazilian jiujitsu, catch wrestling, judo, luta livre esportiva, sambo, shoot wrestling, shooto and shuai Jiao conducted on a full-contact basis in a bout or contest without weapons or striking and where contestants may compete for valuable consideration. (g) (h) Noncompetitive boxing sparring means boxing, or sparring kickboxing or mixed martial arts where a decision is not rendered. (i) Pankration means a martial art system which includes elements of karate, tae-kwon-do, jujitsu, kempo, kung-fu, wrestling, and submission grappling. (h) (j) Professional boxing means the sport of attack and defense which uses the fists and where contestants compete for valuable consideration. (i) (k) Professional full-contact karate means any form of fullcontact martial arts including but not limited to full-contact kung fu, full-contact tae-kwon-do or any form of martial arts or selfdefense conducted on a full-contact basis in a bout or contest with or without weapons and where contestants may compete for valuable consideration. Such contests take place in a rope-enclosed ring and are fought in timed rounds. (j) (l) Professional kickboxing means any form of boxing kickboxing in which blows are delivered with any part of the arm below the shoulder, including the hand, and any part of the leg below the hip, including the foot, and where contestants compete for valuable consideration. Such contests take place in a rope-enclosed ring and are fought in timed rounds. (k) (m) Professional mixed martial arts means any form of martial arts or self-defense conducted on a full-contact basis in a bout or contest with or without weapons and where contestants compete for valuable consideration. Such contests take place in an enclosed ring and are fought in timed rounds. (l) (n) Professional wrestling means any performance of wrestling skills and techniques by two or more professional wrestlers, to which any admission is charged. Participating wrestlers may not be required to use their best efforts in order to win. The winner may have been selected before the performance commences and contestants compete for valuable consideration. Such contests take place in a rope-enclosed ring and are fought in timed rounds. (m) (o) Regulated sports means professional boxing, sparring, professional kickboxing, professional and amateur mixed martial arts, grappling arts, pankration, professional wrestling and professional full-contact karate. (n) (p) Sparring means boxing, kickboxing, professional and amateur mixed martial arts, grappling arts, pankration, or full-contact karate for practice or as an exhibition. Sec. 4. K.S.A. 2010 Supp. 74-50,185 is hereby amended to read as follows: 74-50,185. (a) In accordance with the provisions of the Kansas civil service act, the commission may appoint such chief inspectors, inspectors, agents, clerical and administrative personnel as may be necessary to assist in performing the powers, duties and functions of the commission and the boxing commissioner. The boxing commissioner shall not perform duties of an inspector. (b) The boxing commissioner may contract with inspectors and such other persons as in the commissioners judgment may be necessary to properly administer the provisions of this act. Such persons shall be under the direct supervision of the boxing commissioner. The boxing commissioner shall not perform duties of an inspector. (c) The commission shall have the authority to adopt rules and regulations for the certification and payment of inspectors. The commission shall adopt such rules and regulations on or before July 1, 2012. Sec. 5. K.S.A. 2010 Supp. 74-50,186 is hereby amended to read as follows: 74-50,186. (a) The commission shall have general charge and supervision of all regulated sports and professional wrestling performances held in the state. The commission may enter into agreements with the federal bureau of investigation, the federal internal revenue service, the Kansas attorney general or any state, federal or local agency as necessary to carry out the duties of the commission under this act. (b) The commission shall accept applications for and may issue licenses to any person, organization, corporation, partnership, limited liability company or association desiring to promote regulated
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sports contests if such person holds a promoters license from an organization which has been in existence and has held meetings at regular intervals during the entire year immediately preceding the granting of the license. The commission shall accept applications and may issue licenses to referees, judges, physicians, managers, contestants, timekeepers, seconds, promoters, announcers and matchmakers for regulated sports contests. A license fee of not less than $20 shall accompany any application for licensure. Unless revoked for cause, all licenses issued under this subsection and all renewals thereof shall expire on June 30 of the year succeeding the year in which they were issued. Licenses shall be renewable from year to year upon the filing of a renewal application prior to the expiration of each such license and payment of the fee therefor. (c) The commission shall fix and collect a tax imposed fee assessed against the gross receipts of every regulated sports contest held. The tax fee shall be fixed in an amount which, together with all other revenues of the commission, is sufficient to pay the cost of administering and enforcing the provisions of this act, but not to exceed 5%. (d) The commission shall recommend a taxing and fee structure for all regulated sports and submit such recommendations to the legislature on or before January 1, 2005. The commission shall fix and collect a fee assessed upon the gross revenues received by a promoter and by any media network that televises a regulated sports contest held including, but not limited to, pay-per-view or internet broadcast. The fee shall be fixed in an amount which, together with all other revenues of the commission, is sufficient to pay the cost of administering and enforcing the provisions of this act, but not to exceed 2%. (e) The commission shall suspend or revoke any license issued by the commission for violations of this act or K.S.A. 21-1801, and amendments thereto, or rules and regulations adopted pursuant thereto. (f) The commission shall assist promoters in developing marketing strategies for contests. (g) For the purpose of ascertaining compliance with any of the provisions of this act or any rules and regulations adopted pursuant thereto, the commission may request a court to issue subpoenas to compel access to or for the production of any books, papers, records or memoranda in the custody or control of any licensee or officer, member, employee or agent of any licensee, or to compel the appearance of any licensee or officer, member, employee or agent of any licensee, or of any person subject to the provisions of this act. Subpoenas issued pursuant to this subsection may be served upon individuals and corporations in the same manner provided in K.S.A. 60-304, and amendments thereto, for the service of process by any officer authorized to serve subpoenas in civil actions or by the commission or an agent or representative designated by the commission. In the case of the refusal of any person to comply with any such subpoena, the commission may make application to the district court of any county where such books, papers, records, memoranda or person is located for an order to comply. Sec. 6. K.S.A. 2010 Supp. 74-50,187 is hereby amended to read as follows: 74-50,187. (a) The commission shall adopt any rules and regulations necessary to implement the provisions of this act on or before July 1, 2012. Such rules and regulations shall include, but not be limited to, provisions concerning: (1) The conduct of regulated sports contests, the time and place of such contests and the prices charged for admission thereto. (2) The issuance of a license under this section and to prescribe qualifications for licensees. (3) Fees necessary to fund the expenses and operating costs incurred in the administration and enforcement of the provisions of this act. (4) Standards of conduct, officials required, ring size and construction, age restrictions for contestants, limitations on the number of matches in which a contestant may participate, classification of weight divisions, protective gear, selection of judges and other matter concerning regulated sports deemed necessary by the commission. (5) The acquisition of liability insurance, indemnity coverage and surety bonds in amounts determined by the commission. (6) Procedures and conditions for limitation, suspension and revocation of licenses.
(7) Procedures and requirements for testing for drugs and communicable diseases. (8) The amount of any fees to be assessed upon the gross revenues received by any promoter, broadcaster, media network or distributor who electronically distributes or televises a regulated sports contest including, but not limited to, pay-per-view or internet broadcast. (9) The requirements for full disclosure between any promoter, broadcaster, media network or distributor who electronically distributes or televises a regulated sports contest including, but not limited to, pay-perview or internet broadcast. (10) Any other rules and regulations deemed necessary by the commission for the administration of the televising, broadcasting or distributing of a regulated sports contest including, but not limited to, pay-perview or internet broadcast. (7) (11) Any other matter deemed necessary by the commission to implement and enforce the provisions of this act. (b) The commission may adopt rules and regulations concerning professional wrestling to the extent authorized by this subsection. Nothing in this subsection shall be construed as subjecting professional wrestling to full regulation by the commission. Rules and regulations concerning professional wrestling shall may be limited to the following: (1) Requirements that a physician or other emergency medical provider be present at the performance. (2) Requirements that the promoter notify the commission regarding the location, date and time of a performance. (3) The payment of fees. (4) The acquisition of liability insurance, indemnity coverage and surety bonds in amounts determined by the commission. (5) Any other matter deemed necessary by the commission to implement and enforce the provisions of this act. Sec. 7. K.S.A. 2010 Supp. 74-50,189 is hereby amended to read as follows: 74-50,189. The commission shall not issue any license to hold regulated sports contests in the state of Kansas, unless: (a) Such regulated sports contests are sponsored by a promoter licensed by the commission; (b) the governing body of the city in which such contests are to be held has adopted a resolution approving the holding of such contest; or if such contests are to be held in the unincorporated area of a county, the board of county commissioners of such county has adopted a resolution approving the holding of such contests If required by the governing body of the city, the promoter shall obtain a resolution from the governing body to hold such contest; or if such contests are to be held in the unincorporated area of a county, if required the promoter shall obtain a resolution from the board of county commissioners of such county; (c) such contests shall be of not more than 12 rounds of three minutes each duration for professional boxing, professional kickboxing and professional full-contact karate and not more than five rounds of five minutes each duration for professional mixed martial arts and not more than five rounds of four minutes each duration for amateur mixed martial arts; and (d) a license fee, in an amount set by the commission, has been paid by the promoter. Sec. 8. K.S.A. 2010 Supp. 74-50,193 is hereby amended to read as follows: 74-50,193. (a) Any person wishing to make a complaint against a licensee under this act, shall file the written complaint with the commission setting forth supporting details on a form provided by the commission. If the commission determines that the complaint warrants a hearing to ascertain whether the licensee shall be disciplined, the commission shall file a complaint as provided in the Kansas administrative procedure act. Any person holding more than one license issued by the commission and disciplined under one license will be automatically disciplined under all licenses. (b) The commission may refuse to issue any license for one or any combination of reasons specified by this section. The commission shall notify the applicant in writing of the reasons for the refusal and shall advise the applicant of such applicants right to file a complaint or an appeal for administrative hearing as provided in the Kansas administrative procedure act. (c) The commission may file a complaint as provided in the Kansas administrative procedure act, against any holder of any license issued pursuant to this chapter, or against any person who
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has failed to renew or has surrendered their license for any of the following: (1) Use of an alcoholic beverage or any controlled substance before or during a bout. (2) The person has been found guilty or has entered a plea of guilty or nolo contendere in a criminal prosecution under any state or federal law for any offense reasonably related to the qualifications, functions or duties of any profession licensed or regulated under this act, for any offense an essential element of which is fraud, dishonesty or an act of violence, or for any offense involving moral turpitude, whether or not a sentence is imposed. (3) Use of fraud, deception, misrepresentation or bribery in securing any license issued pursuant to this act. (4) Providing false information on applications or medical forms. (5) Incompetency, misconduct, gross negligence, fraud, misrepresentation or dishonesty in the performing of the functions or duties of any profession licensed or regulated by this act. (6) Violating or enabling any person to violate any provision of this act or any rule and regulation adopted pursuant to this act. (7) Impersonating any license holder or allowing any person to use the licensees license. (8) Failing to put forth the best effort during a bout. (9) Disciplinary action against a holder of a license or other right to practice any profession regulated by this act and issued by another state, territory, federal agency or country upon grounds for which revocation or suspension is authorized in this state. (10) Adjudged mentally incompetent by a court of competent jurisdiction. (11) Use of any advertisement or solicitation which is false, misleading or deceptive to the general public or persons to whom the advertisement or solicitation primarily is directed. (12) Disruptive conduct at regulated sports contests, including the use of foul or abusive language or mannerisms or threats of physical harm by any person associated with any bout or contest licensed pursuant to this act. (13) Issuance of a license based upon a mistake of fact. (14) Use of grease, ointments, strong smelling liniment, drugs which cause nausea or harmful reactions, liquids or powders or illegal substances is prohibited during a regulated sports contest. (d) After the complaint is filed, the proceeding shall be conducted in accordance with the provisions of the Kansas administrative procedure act. If the administrative law judge finds that a person has violated one or more of the grounds specified in this section, such judge may limit and condition the license for a period not to exceed five years, suspend the persons license for a period not to exceed three years or may revoke the persons license. (e) The commission may refuse to issue a license to any person who has violated any of the grounds specified in this section. (c) The commission may deny, suspend, revoke or refuse renewal of any license issued under this act if the commission finds that the applicant or license holder has: (1) Provided incorrect, misleading, incomplete or untrue information in the license application. (2) Violated: (A) Any provision of this act or any rule and regulation adopted thereunder; or (B) any subpoena or order of the commission. (3) Used any alcoholic beverage or any controlled substance before or during a bout. (4) Has been found guilty or has entered a plea of guilty or nolo contendere in a criminal prosecution under any state or federal law for
any offense reasonably related to the qualifications, functions or duties of any profession licensed or regulated under this act, for any offense an essential element of which is fraud, dishonesty or an act of violence, or for any offense involving moral turpitude, whether or not a sentence is imposed. (5) Used fraud, deception, misrepresentation or bribery in securing any license issued pursuant to this act. (6) Provided false information on applications or medical forms. (7) Been incompetent or engaged in any misconduct, gross negligence, fraud, misrepresentation or dishonesty in the performing of the functions or duties of any profession licensed or regulated by this act. (8) Violated or enabled any person to violate any provision of this act or any rule and regulation adopted thereunder. (9) Impersonated any license holder or allowed any person to use the licensees license. (10) Failed to put forth the best effort during a bout. (11) Been disciplined by another state, territory, federal agency or country for any action against a holder of a license or other right to practice any profession regulated by this act upon grounds for which revocation or suspension is authorized in this state. (12) Been adjudged mentally incompetent by a court of competent jurisdiction. (13) Used any advertisement or solicitation which is false, misleading or deceptive to the general public or persons to whom the advertisement or solicitation primarily is directed. (14) Used disruptive conduct at regulated sports contests, including the use of foul or abusive language or mannerisms or threats of physical harm by any person associated with any bout or contest licensed pursuant to this act. (15) Been issued a license based upon a mistake of fact. (16) Used any grease, ointment, strong smelling liniment, drug which causes nausea or harmful reactions, liquid or powder or illegal substance during a regulated sports contest. (d) Any action taken under this section which affects any license or imposes any administrative penalty shall be taken only after notice and an opportunity for a hearing conducted in accordance with the provisions of the Kansas administrative procedures act. (e) None of the following actions shall deprive the commission of any jurisdiction or right to institute or proceed with any disciplinary proceeding against such license, to render a decision suspending, revoking or refusing to renew such license, or to establish and make a record of the facts of any violation of law for any lawful purpose: (1) The imposition of a civil penalty under this act; (2) the lapse or suspension of any license issued under this act by operation of law; (3) the licensees failure to renew any license issued under this act; or (4) the licensees voluntary surrender of any license issued under this act. No such disciplinary proceeding shall be instituted against any licensee after the expiration of two years from the termination of the license. Sec. 9. K.S.A. 2010 Supp. 74-50,194 is hereby amended to read as follows: 74-50,194. A regulated sports contestant may participate in a contest in Kansas after obtaining a license from the commission. If a contestant participate participates in more than one profession covered by this act, such contestant shall obtain a license for each profession in which such contestant participates. Sec. 10. K.S.A. 2010 Supp. 74-50,181, 74-50,182, 74-50,185, 7450,186, 74-50,187, 74-50,189, 74-50,193 and 74-50,194 are hereby repealed. Sec. 11. This act shall take effect and be in force from and after its publication in the Kansas register.
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4-13-25b through 4-13-25h 4-13-25i 4-13-25j 4-13-25k 4-13-25l 4-13-25m 4-13-30 4-13-33 4-13-62 4-27-1 through 4-27-22 4-28-1 4-28-2 4-28-8 4-28-11 4-28-12 4-28-18 through 4-28-30 Amended Revoked Amended Amended Amended New Amended Amended Amended New Amended Amended Amended Amended Amended New V. 29, p. 1243-1245 V. 29, p. 1246 V. 29, p. 1246 V. 29, p. 1246 V. 29, p. 1247 V. 29, p. 1247 V. 29, p. 72 V. 29, p. 73 V. 29, p. 73 V. 29, p. 706-720 V. 29, p. 720 V. 29, p. 720 V. 29, p. 721 V. 29, p. 722 V. 29, p. 722 V. 29, p. 723-725 14-23-2 14-23-5 14-23-8 14-23-10 14-24-1 through 14-24-6 Reg. No. 16-11-1 through 16-11-5 16-11-6 16-11-7 16-11-8 Amended Amended Amended Amended Revoked Action V. V. V. V. 29, 29, 29, 29,
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AGENCY 5: DEPARTMENT OF AGRICULTUREDIVISION OF WATER RESOURCES Reg. No. 5-1-4 5-1-9 5-3-23 5-3-23 5-4-1 5-4-1a 5-7-1 5-17-2 5-21-4 5-22-7 5-25-5 5-25-15 Reg. No. 7-16-1 7-16-1 Reg. No. 9-7-4 9-7-4 9-27-1 Action Amended Amended Amended (T) Amended Amended New Amended Amended Amended Amended Amended Amended Action Amended (T) Amended Action Amended (T) Amended Amended Register V. 29, p. 652 V. 29, p. 653 V. 29, p. 1338 V. 29, p. 1598 V. 29, p. 1476 V. 29, p. 1477 V. 29, p. 653 V. 29, p. 654 V. 30, p. 369 V. 29, p. 596 V. 29, p. 1598 V. 29, p. 654 Register V. 29, p. 1115 V. 29, p. 1281 Register V. 29, p. 703 V. 29, p. 1336 V. 29, p. 1337
AGENCY 28: DEPARTMENT OF HEALTH AND ENVIRONMENT Reg. No. 28-1-27 28-1-30 28-1-31 28-1-32 28-4-92 28-4-92 28-4-370 through 28-4-379 28-4-503 28-4-505 28-4-514 28-4-520 28-4-521 28-4-1300 through 28-4-1318 28-16-28g 28-19-200a 28-19-202 28-19-325 28-19-350 28-19-517 28-19-645a 28-19-712 28-19-712a through 28-19-712d 28-19-713 28-19-713a through 28-19-713d 28-19-720 28-19-728 Action New New New New Amended (T) Amended Revoked Amended Amended Amended New New New Amended New Amended New Amended Amended New (T) New New New New Amended Revoked Register V. 30, p. 111 V. 30, p. 369 V. 30, p. 370 V. 30, p. 370 V. 29, p. 1348 V. 29, p. 1705 V. 29, p. 1024 V. 29, p. 1662 V. 29, p. 1662 V. 29, p. 1663 V. 29, p. 1663 V. 29, p. 1663 V. 29, p. 1024-1032 V. 29, p. 181 V. 29, p. 1634 V. 29, p. 1509 V. 29, p. 1634 V. 29, p. 1635 V. 29, p. 1510 V. 30, p. 232 V. 29, p. 866 V. 29, p. 867 V. 29, p. 867 V. 29, p. 867, 868 V. 29, p. 1510 V. 29, p. 1511
AGENCY 14: DEPARTMENT OF REVENUE DIVISION OF ALCOHOLIC BEVERAGE CONTROL 14-6-2a Revoked V. 29, p. 1306 14-6-3 Revoked V. 29, p. 1306 14-6-4 Amended V. 29, p. 1306 14-11-1 New V. 29, p. 1307 14-11-4 New V. 29, p. 1307 14-11-5 Amended V. 29, p. 1307 14-11-6 Amended V. 29, p. 1307 14-11-7 Amended V. 29, p. 1307 14-11-9 Amended V. 29, p. 1307 14-11-10a Revoked V. 29, p. 1307 14-11-10b Revoked V. 29, p. 1308 14-11-10d Revoked V. 29, p. 1308 14-11-11 Revoked V. 29, p. 1633 14-11-14 Revoked V. 29, p. 1308 14-11-15 Amended V. 29, p. 1308 14-11-16 Amended V. 29, p. 1308 14-11-22 New V. 29, p. 1633 14-11-23 through 14-11-29 New V. 29, P. 1308-1310 14-11-27 Revoked V. 29, p. 1730 14-16-25 New V. 29, p. 1310 14-19-27 Amended V. 29, p. 1310 14-19-38 New V. 29, p. 1311 14-19-39 New V. 29, p. 1311 14-20-29 Amended V. 29, p. 1311 14-20-40 New V. 29, p. 1312 14-20-41 New V. 29, p. 1312 14-21-12 Amended V. 29, p. 1313 14-21-21 New V. 29, p. 1313 14-21-22 New V. 29, p. 1313
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28-19-728a through 28-19-728f 28-19-735 28-19-750 28-19-750a 28-21-1 28-21-6 28-21-7 28-21-8 28-21-9 28-21-10 28-21-11 28-21-20a 28-21-21a 28-21-22a 28-21-23a 28-21-24a 28-21-25a 28-21-26a 28-21-27a 28-21-28a 28-21-29a 28-21-30a 28-21-31a 28-21-32a 28-21-33a 28-21-34a 28-21-35a 28-21-40a 28-21-41a 28-21-42a 28-21-43a 28-21-44a 28-21-50a 28-21-51a 28-21-52a 28-21-53a 28-21-54a 28-21-55a 28-21-56a 28-21-57a 28-21-58a 28-21-59a 28-21-60a 28-21-61a 28-21-62a 28-21-63 28-21-64 28-21-70a 28-21-71a 28-21-72a 28-21-82 through 28-21-85 28-23-4 28-23-9 28-23-10 28-23-20 through 28-23-24 28-23-26 through 28-23-32 28-23-34 through 28-23-36 28-23-41 through 28-23-55 28-23-70 28-23-71 28-23-73 28-23-75 28-23-78 through 28-23-80 28-35-135l 28-35-135t 28-35-135w 28-35-175a 28-35-178b 28-35-178e 28-35-178j 28-35-180b
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Revoked Amended Amended Amended Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Amended Amended Amended Amended Amended Amended Amended Amended V. 29, p. 1511 V. 29, p. 1511 V. 29, p. 1511 V. 29, p. 1511 V. 29, p. 725 V. 29, p. 725 V. 29, p. 725 V. 29, p. 725 V. 29, p. 725 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. V. V. V. 29, 29, 29, 29, p. p. p. p. 726 726 726 726 28-35-181a 28-35-181e 28-35-181j 28-35-181m 28-35-181o 28-35-192b 28-35-192c 28-35-192d 28-35-192e 28-35-192g 28-35-194a 28-35-212a 28-35-216a 28-35-225b 28-35-231c 28-35-242 28-35-264 28-35-334 28-35-346 28-35-411 28-36-30 28-36-31 28-36-70 through 28-36-89 28-36-101 through 28-36-109 28-39-162 28-39-162a 28-39-162b 28-39-162c 28-43-1 through 28-43-11 28-46-1 28-46-2a 28-46-3 through 28-46-22 28-46-27 28-46-28 28-46-29 28-46-29a 28-46-30 28-46-30a 28-46-30b 28-46-31 28-46-33 28-46-34 28-46-35 28-46-40 28-46-41 28-46-44 28-46-45 28-61-1 28-61-2 28-61-3 28-61-4 28-61-5 28-61-8 28-72-1 28-72-1a 28-72-1c 28-72-1d 28-72-1e 28-72-1g 28-72-1h 28-72-1i 28-72-1k 28-72-1l 28-72-1m 28-72-1n 28-72-1o 28-72-1p 28-72-1r 28-72-1s 28-72-1t 28-72-1v 28-72-1x 28-72-2 28-72-3 28-72-4 28-72-4a 28-72-4b Amended Revoked Amended Amended Amended Amended Amended Revoked Amended Amended Amended Amended Amended New Amended Amended Amended Amended Amended Amended Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Amended Amended Amended Amended Amended Amended New Amended New New Amended Amended Amended Amended Amended Amended Amended New Amended Amended Amended Amended Amended Amended Revoked New New New New New New New New New New New New New New New New New New Amended Amended Amended Amended Revoked V. 30, p. 203 V. 30, p. 203 V. 30, p. 203 V. 30, p. 204 V. 30, p. 205 V. 30, p. 206 V. 30, p. 206 V. 30, p. 207 V. 30, p. 207 V. 30, p. 207 V. 30, p. 207 V. 30, p. 208 V. 30, p. 209 V. 30, p. 210 V. 30, p. 210 V. 30, p. 210 V. 30, P. 210 V. 30, p. 211 V. 30, p. 212 V. 30, p. 212 V. 29, p. 727 V. 29, p. 727 V. 29, p. 727 V. 29, p. 727 V. 29, p. 1777 V. 29, p. 1777 V. 29, p. 1777 V. 29, p. 1777 V. 29, p. 1137 V. 29, p. 1138 V. 29, p. 1138 V. 29, p. 1139-1141 V. 29, p. 1141 V. 29, p. 1141 V. 29, p. 1141 V. 29, p. 1142 V. 29, p. 1142 V. 29, p. 1142 V. 29, p. 1144 V. 29, p. 1144 V. 29, p. 1144 V. 29, p. 1145 V. 29, p. 1145 V. 29, p. 1145 V. 29, p. 1145 V. 29, p. 1145 V. 29, p. 1145 V. 29, p. 419 V. 30, p. 336 V. 30, p. 337 V. 30, p. 337 V. 29, p. 420 V. 29, p. 422 V. 29, p. 357 V. 29, p. 357 V. 29, p. 357 V. 29, p. 358 V. 29, p. 358 V. 29, p. 358 V. 29, p. 358 V. 29, p. 359 V. 29, p. 359 V. 29, p. 359 V. 29, p. 360 V. 29, p. 360 V. 29, p. 360 V. 29, p. 360 V. 29, p. 361 V. 29, p. 361 V. 29, p. 361 V. 29, p. 361 V. 29, p. 361 V. 29, p. 361 V. 29, p. 362 V. 29, p. 362 V. 29, p. 366 V. 29, p. 368 28-72-4c 28-72-5 28-72-6 28-72-6a 28-72-7 28-72-7a 28-72-8 28-72-9 28-72-10 28-72-10a 28-72-11 28-72-12 28-72-13 28-72-14 28-72-15 28-72-16 28-72-17 28-72-18 28-72-18a 28-72-18b 28-72-18c 28-72-18d 28-72-18e 28-72-19 28-72-20 28-72-21 28-72-22 28-72-51 28-72-52 28-72-53
Amended Amended Amended New Amended New Amended Amended Amended New Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. 368 369 370 371 373 373 374 375 376 377 378 378 379 379 380 380 381 382 383 384 384 385 386 387 387 387 388 388 389 389
AGENCY 36: DEPARTMENT OF TRANSPORTATION Reg. No. 36-39-2 36-39-2 36-39-4 36-39-4 36-39-6 36-39-6 36-42-1 through 36-42-9 Action Amended (T) Amended Amended (T) Amended Amended (T) Amended New Register V. 29, V. 29, V. 29, V. 29, V. 29, V. 29, p. p. p. p. p. p. 1090 1416 1091 1416 1091 1416
V. 29, p. 502-504
V. 29, p. 726 V. 29, p. 726 V. 29, p. 727 V. V. V. V. V. V. V. V. V. V. V. V. V. V. 29, 29, 29, 29, 29, 29, 30, 30, 30, 30, 30, 30, 30, 30, p. p. p. p. p. p. p. p. p. p. p. p. p. p. 727 727 727 727 727 727 195 196 197 198 198 200 201 201
New
V. 29, p. 675, 676
Vol. 30, No. 15, April 14, 2011
AGENCY 50: DEPARTMENT OF LABOR DIVISION OF EMPLOYMENT Reg. No. 50-2-21a 50-2-21a Action New (T) New Register V. 29, p. 701 V. 29, p. 1214 82-4-21 82-4-22 82-4-23 82-4-24a 82-4-26 82-4-26a 82-4-27 82-4-27a 82-4-27c 82-4-27e 82-4-28 82-4-28a 82-4-28b 82-4-30a 82-4-30a 82-4-31 82-4-32 82-4-33 82-4-35 82-4-35a 82-4-37 82-4-40 82-4-42 82-4-48 82-4-48a 82-4-53 82-4-54 82-4-55 82-4-56a 82-4-57 82-4-58 82-4-62 82-4-63 82-4-65 82-4-77 82-16-1 through 82-16-6 82-17-1 through 82-17-5
Kansas Register
Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked Revoked Revoked Amended (T) Amended Revoked Amended Amended Amended Amended Revoked Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked Amended Amended Amended New New Action Amended Amended Amended Amended V. 29, p. 1446 V. 29, p. 1446 V. 29, p. 1447 V. 29, p. 1447 V. 29, p. 1447 V. 29, p. 1447 V. 29, p. 1447 V. 29, p. 1448 V. 29, p. 1448 V. 29, p. 1449 V. 29, p. 1449 V. 29, p. 1449 V. 29, p. 1449 V. 29, p. 702 V. 29, p. 1392 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1451 V. 29, p. 1451 V. 29, p. 1451 V. 29, p. 1452 V. 29, p. 1452 V. 29, p. 1452 V. 29, p. 1453 V. 29, p. 1453 V. 29, p. 1453 V. 29, p. 1453 V. 29, p. 1453 V. 29, p. 1454 V. 29, p. 1598-1601 V. 29, p. 1136, 1137 Register V. 29, p. 1415 V. 30, p. 193 V. 29, p. 408 V. 30, p. 194 Agency 97: COMMISSION ON VETERANS AFFAIRS Reg. No. 97-7-1 through 97-7-6 Action
443
Register
New
V. 29, p. 252-254
AGENCY 66: BOARD OF TECHNICAL PROFESSIONS Reg. No. 66-8-6 66-10-1 66-12-1 66-14-10 Reg. No. 68-1-1b 68-7-11 68-7-21 68-20-10a 68-20-24 68-20-25 68-20-26 68-20-27 68-21-1 through 68-21-7 68-21-2 Reg. No. 71-5-1 through 71-5-6 71-5-7 through 71-5-13 Reg. No. 74-4-8 74-4-9 74-5-2 74-5-101 74-5-202 74-5-203 74-6-2 74-11-6 74-11-7 74-12-1 74-15-2 Action Amended Amended Amended Amended Action Amended Amended New Amended New (T) New (T) New (T) New (T) New Amended Action Register V. 29, p. 794 V. 29, p. 794 V. 29, p. 794 V. 29, p. 794 Register V. 29, p. 465 V. 29, p. 1053 V. 29, p. 465 V. 29, p. 466 V. 30, p. 357 V. 30, p. 357 V. 30, p. 357 V. 30, p. 357 V. 29, p. 1417-1420 V. 30, p. 370 Register
AGENCY 109: BOARD OF EMERGENCY MEDICAL SERVICES Reg. No. 109-1-1a 109-5-1 109-5-1a 109-5-1b 109-5-1d 109-5-1e 109-5-1f 109-5-3 109-5-4 109-5-7a 109-5-7b 109-5-7d 109-6-1 109-6-2 109-8-1 109-10-1a 109-10-1b 109-10-1d 109-10-1e Action New (T) Amended (T) New (T) New (T) New (T) New (T) New (T) Amended Revoked New (T) New (T) New (T) Amended Amended Amended (T) New (T) New (T) New (T) New (T) Register V. 30, p. 138 V. 30, p. 138 V. 30, p. 139 V. 30, p. 139 V. 30, p. 139 V. 30, p. 139 V. 30, p. 139 V. 29, p. 1282 V. 29, p. 113 V. 30, p. 139 V. 30, p. 140 V. 30, p. 141 V. 29, p. 113 V. 29, p. 113 V. 30, p. 141 V. 30, p. 141 V. 30, p. 142 V. 30, p. 142 V. 30, p. 142
AGENCY 82: STATE CORPORATION COMMISSION Reg. No. 82-1-219 82-3-101a 82-3-311a 82-3-1100 through 82-3-1120 82-4-2 82-4-3a 82-4-3d 82-4-3f 82-4-3n 82-4-3o 82-4-6a 82-4-8h Action Amended New New New Amended Amended Amended Amended New New Amended Amended Register V. 29, p. 1099 V. 29, p. 1508 V. 29, p. 181 V. 29, p. 182-190 V. 29, p. 1443 V. 29, p. 1443 V. 29, p. 1444 V. 29, p. 1390 V. 29, p. 1444 V. 29, p. 1445 V. 29, p. 1446 V. 29, p. 1446
Revoked New
V. 29, p. 1478, 1479 V. 29, p. 1479-1485
(continued)
Vol. 30, No. 15, April 14, 2011
444
109-10-1f 109-10-1g 109-10-6 109-10-7 109-11-1 109-11-1a 109-11-3 109-11-3a 109-11-4 109-11-6 109-11-6a 109-15-2 Reg. No. 110-4-1 through 110-4-5 New (T) New (T) Amended (T) New Amended New (T) Amended New (T) Amended Amended New (T) Amended Action V. 30, p. 142 V. 30, p. 142 V. 30, p. 143 V. 29, p. 113 V. 29, p. 1283 V. 30, p. 143 V. 29, p. 1284 V. 30, p. 144 V. 29, p. 1284 V. 29, p. 1285 V. 30, p. 144 V. 29, p. 1285 Register
Kansas Register
111-4-2985 through 111-4-2988 111-4-2989 111-4-2990 111-4-2991 111-4-2992 through 111-4-3011 111-4-3012 through 111-4-3022 111-4-3023 through 111-4-3027 111-4-3028 through 111-4-3031 111-4-3032 through 111-4-3045 111-4-3046 through 111-4-3054 111-5-175 through 111-5-179 111-5-180 through 111-5-194 111-5-181 111-5-184 111-5-186 111-5-194 111-7-243 through 111-7-248 111-9-162 111-9-163 111-9-164 111-9-165 111-9-166 111-9-167 111-9-168 111-9-169 111-9-170 111-15-1 111-15-3 111-201-1 through 111-201-17 111-301-1 through 111-301-6 111-301-7 through 111-301-12 111-301-13 through 111-301-20 111-302-1 through 111-302-6 111-302-4 111-303-1 through 111-303-5 111-304-1 through 111-304-6 111-305-1 through 111-305-6 111-306-1 through 111-306-6 111-306-4 111-306-6 111-307-1 through 111-307-7 111-308-1 through 111-308-7 New New New New New New New New New New New New Amended Amended Amended Amended New New New New New New New New New New Amended Amended New New New New New Amended New New New New Amended Amended New New V. 29, p. 1180-1183 V. 29, p. 1216 V. 29, p. 1217 V. 29, p. 1218 V. 29, p. 1248-1259 V. 29, p. 1513-1522 V. 30, p. 234-237 V. 30, p. 241-243 V. 30, p. 249-258 V. 30, p. 358-364 V. 29, p. 157-159 V. 29, p. 222-228 V. 29, p. 1522 V. 29, p. 1523 V. 29, p. 1524 V. 29, p. 1525 V. 30, p. 259, 260 V. 29, p. 229 V. 29, p. 229 V. 29, p. 230 V. 29, p. 769 V. 29, p. 1184 V. 29, p. 1526 V. 29, p. 1526 V. 29, p. 1527 V. 30, p. 261 V. 30, p. 238 V. 30, p. 365 V. 29, p. 73-79 V. 29, p. 79, 80 V. 30, p. 244-248 V. 30, p. 366-368 V. 29, p. 82-86 V. 30, p. 249 V. 29, p. 87-89 V. 29, p. 89-91 V. 29, p. 474, 475 V. 29, p. 1185-1187 V. 29, p.1260 V. 29, p. 1219 V. 29, p. 1189-1191 V. 29, p. 1261-1263 111-309-1 through 111-309-6 111-310-1 through 111-310-6 111-311-1 through 111-311-7 111-312-1 through 111-312-8 111-312-6 111-312-8
New New New New Amended Amended
V. 29, p. 1528-1530 V. 29, p. 1530-1532 V. 29, p. 1532-1535 V. 30, p. 239, 240 V. 30, p. 368 V. 30, p. 368
AGENCY 112: RACING AND GAMING COMMISSION Reg. No. 112-101-6 112-102-8 112-103-2 112-103-4 112-103-5 112-103-8 112-103-15 112-104-1 112-104-8 112-104-13 112-104-14 112-104-15 112-104-16 112-104-32 112-105-1 112-105-2 112-105-3 112-106-1 112-106-2 112-106-5 112-106-6 112-107-3 112-107-5 112-107-10 112-107-21 112-107-22 112-108-18 112-108-36 112-108-55 112-110-3 112-112-1 112-112-3 112-112-4 112-112-7 112-112-9 Action Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Register V. 30, p. 290 V. 30, p. 290 V. 30, p. 291 V. 30, p. 292 V. 30, p. 292 V. 30, p. 292 V. 30, p. 292 V. 30, p. 293 V. 30, p. 294 V. 30, p. 295 V. 30, p. 297 V. 30, p. 297 V. 30, p. 298 V. 30, p. 300 V. 30, p. 301 V. 30, p. 301 V. 30, p. 301 V. 30, p. 301 V. 30, p. 303 V. 30, p. 303 V. 30, p. 304 V. 30, p. 304 V. 30, p. 307 V. 30, p. 308 V. 30, p. 309 V. 30, p. 310 V. 30, p. 311 V. 30, p. 312 V. 30, p. 313 V. 30, p. 313 V. 30, p. 314 V. 30, p. 314 V. 30, p. 314 V. 30, p. 315 V. 30, p. 315
Amended
V. 30, p. 25-27
AGENCY 111: KANSAS LOTTERY A complete index listing all regulations filed by the Kansas Lottery from 1988 through 2000 can be found in the Vol. 19, No. 52, December 28, 2000 Kansas Register. A list of regulations filed from 2001 through 2003 can be found in the Vol. 22, No. 52, December 25, 2003 Kansas Register. A list of regulations filed from 2004 through 2005 can be found in the Vol. 24, No. 52, December 29, 2005 Kansas Register. A list of regulations filed from 2006 through 2007 can be found in the Vol. 26, No. 52, December 27, 2007 Kansas Register. A list of regulations filed from 2008 through November 2009 can be found in the Vol. 28, No. 53, December 31, 2009 Kansas Register. The following regulations were filed after December 1, 2009: Reg. No. 111-2-30 111-2-230 111-2-231 111-2-232 111-2-233 111-2-234 111-2-235 through 111-2-240 111-2-241 111-2-242 111-2-243 through 111-2-248 111-2-247 111-2-248 111-2-249 through 111-2-252 111-2-249 111-2-253 111-2-254 111-2-255 111-4-2899 through 111-4-2907 111-4-2908 through 111-4-2911 111-4-2911a 111-4-2912 through 111-4-2923 111-4-2924 through 111-4-2930 111-4-2931 through 111-4-2938 111-4-2939 through 111-4-2948 111-4-2949 through 111-4-2984 111-4-2949 through 111-4-2984 Action Amended Amended Amended Amended Amended New New New New New Amended Amended New Amended New New Amended New New New New New New New New New Register V. V. V. V. V. V. 29, 30, 30, 29, 29, 29, p. p. p. p. p. p. 215 232 233 215 215 746
V. 29, p. 1214, 1215 V. 29, p. 1247 V. 29, p. 1247 V. 29, p. 1512, 1513 V. 30, p. 233 V. 30, p. 233 V. 30, p. 233, 234 V. 30, p. 357 V. 30, p. 241 V. 30, p. 241 V. 30, p. 358 V. 29, p. 9-14 V. 29, p. 149-152 V. 29, p. 152 V. 29, p. 153-157 V. 29, p. 216-222 V. 29, p. 467-473 V. 29, p. 569-575 V. 29, p. 746-769 V. 29, p. 746-769
AGENCY 117: REAL ESTATE APPRAISAL BOARD Reg. No. 117-2-1 117-2-2 117-3-1 117-3-2 117-4-1 Action Amended Amended Amended Amended Amended Register V. V. V. V. V. 29, 29, 29, 29, 29, p. p. p. p. p. 412 413 414 415 416
Vol. 30, No. 15, April 14, 2011
117-4-2 117-6-1 117-6-3 117-7-1 117-8-1 Amended Amended Amended Amended Amended V. 29, p. 417 V. 29, p. 656 V. 29, p. 656 V. 30, p. 92 V. 29, p. 418
Kansas Register
AGENCY 129: KANSAS HEALTH POLICY AUTHORITY Reg. No. 129-5-118 129-5-118a 129-5-118b 129-10-31 Action Amended New Amended New Register V. 29, p. 293 V. 29, p. 294 V. 29, p. 296 V. 30, p. 92 130-1-3 130-1-4 130-3-1 130-3-1 130-4-1 130-4-1 130-4-2 130-4-2 130-5-2 New Amended New (T) New New (T) New New (T) New New
445
V. 29, p. 567 V. 29, p. 567 V. 29, p. 38 V. 29, p. 568 V. 29, p. 39 V. 29, p. 794 V. 29, p. 39 V. 29, p. 794 V. 29, p. 569
AGENCY 121: DEPARTMENT OF CREDIT UNIONS Reg. No. Action Register 121-10-1 Amended V. 29, p. 675 AGENCY 123: JUVENILE JUSTICE AUTHORITY Reg. No. Action Register 123-2-111 New (T) V. 29, p. 1115 123-2-111 New V. 29, p. 1415
AGENCY 130: HOME INSPECTORS REGISTRATION BOARD Reg. No. 130-1-2 130-1-2 130-1-3 Action New (T) New New (T) Register V. 29, p. 38 V. 29, p. 567 V. 29, p. 38
Vol. 30, No. 15, April 14, 2011
Kansas Register
In this issue . . .
Page
Kansas Board of Regents Universities Notice to bidders ........................................................................................................................ 448 Department of AdministrationDivision of Purchases Notice to bidders for state purchases ........................................................................................... 449 Governmental Ethics Commission Opinion No. 2011-02 ................................................................................................................... 449 State Employees Health Care Commission Notice of meeting ....................................................................................................................... 450 Social and Rehabilitation Services Request for proposals for targeted services to children and families .............................................. 450 Request for proposals for substance abuse prevention services (revised)........................................ 450 Request for comments on the FY 2012 Social Services Block Grant ................................................ 451 Department of Health and Environment Requests for comments on proposed air quality permits............................................................... 451 Notice concerning water pollution control permits/applications .................................................... 452 Request for comments on the Lead-Based Paint Hazard Control Grant Program............................ 453 Pooled Money Investment Board Notice of investment rates........................................................................................................... 452 Kansas Department of Transportation Notices to consulting engineers ............................................................................................ 454, 455 Request for comments on the Statewide Transportation Improvement Program............................. 456 Notice to contractors................................................................................................................... 456 Board of Emergency Medical Services Notice of hearing on proposed administrative regulations ............................................................ 457 Department of AgricultureDivision of Water Resources Notice of hearing on proposed administrative regulations ............................................................ 458 Wildlife and Parks Commission Notice of hearing on proposed administrative regulations ............................................................ 458 Notice of Bond Sale City of Overland Park................................................................................................................. 459 U.S.D. 233, Johnson County (Olathe) ........................................................................................... 461 City of Hutchinson ..................................................................................................................... 462 Kansas Development Finance Authority Notice of hearing on proposed revenue bonds ............................................................................. 460 State Conservation Commission Notice of meeting ....................................................................................................................... 461 Statewide Independent Living Council Notice of meeting ....................................................................................................................... 461 City of Westmoreland Notice of intent to seek private placement of general obligation bonds.......................................... 462 Permanent Administrative Regulations Department of Health and Environment ...................................................................................... 463 Index to administrative regulations ................................................................................................ 463
448
State of Kansas
Kansas Register
Notice
Doc. No. 038494
Vol. 30, No. 16, April 21, 2011
Notice/GEC Opinion
State of Kansas
Kansas Register
449

05/03/2001 EVT0000570 Earthmoving Services Perry Wildlife Area 05/03/2011 EVT0000582 Janitorial Services Winfield SRS 05/04/2011 EVT0000580 Wood Sign Posts 05/05/2011 EVT0000575 Electrical Maintenance 05/10/2011 EVT0000538 Auctioneering Services (eBay) 05/17/2011 EVT0000574 Security Guard Services
mately there was a merger with L 1 Identity Solutions. During this merger, the contract remained in place. The contract was then renewed with the state in July of 2009. The most recent contract was negotiated with the Kansas Department of Revenue Budget Purchasing Department and the Department of Administration. It was signed by the Director of the Budget Purchasing Department and the Kansas Department of Revenues General Counsel. You state that you were not involved in any manner in negotiations concerning this contract. Question: As a former employee of KDOR, can you accept employment with L 1 Identity Solutions without violating the state conflict of interest laws? Opinion: K.S.A. 46-233 places restrictions on a state employees ability to accept employment after terminating their employment with the State. That statute states in pertinent part as follows:
(a) . . . (2) Except as otherwise provided in this subsection, whenever any individual has participated as a state officer or employee in the making of any contract with any person or business, such individual shall not accept employment with such person or business as an employee, independent contractor or subcontractor until two years after performance of the contract is completed or until two years after the individual terminates employment as a state officer or employee, whichever is sooner. . . . ... (e) . . . (2) Substantially involved in the preparation or participate in the making of a contract means having approved or disapproved a contract or having provided significant factual or specific information or advice or recommendations in relation to the negotiated terms of the contract.
05/05/2011 A-011421 Improvements Trotter Hall, Kansas State University, Manhattan

Doc. No. 039345
State of Kansas

Opinion No. 2011-02 Written April 11, 2011, to Carmen Alldritt, Topeka. This opinion is in response to your letter received by email on March 31, 2011, requesting an opinion from the Kansas Governmental Ethics Commission concerning state level conflict of interest laws, K.S.A. 46-215 et seq. We note at the outset that the Commissions jurisdiction concerning your question is limited to the application of K.S.A. 46-215 et seq., and whether some other statutory system, common law theory or agency rule or regulation applies to your inquiry is not covered by this opinion. Factual Statement: You request this opinion in your capacity as former Director of Vehicles with the Kansas Department of Revenue (KDOR), a position you were appointed to in December of 2003. We understand that you left KDOR in March of 2011, and you are anticipating accepting employment with L 1 Identity Solutions. You inform us that in 1994, the State of Kansas entered into a sole source contract with NBS to provide drivers license services. Eventually, NBS became the property of Polaroid who retained the sole source contract with the state. Polaroid was then acquired by Digimarc, and ulti-
Finally K.S.A. 46-241 states:

No state officer or employee shall disclose or use confidential information acquired in the course of his or her official duties in order to further his or her own economic interest or those of any other person.
This section is self-explanatory. Confidential information obtained during your official duties with the State may not be used for your financial gain or the financial gain of another. From the information you have provided, it appears that you did not participate in the making of a contract between KDOR and the company now doing business as L1 Identity Solutions. If that is the case, you may accept employment with L 1 Identity Solutions without violating the state level conflict of interest laws. And finally, pursuant to K.S.A. 46-241, confidential information obtained during your official duties with the State may not be used for your financial gain or the financial gain of another. Sabrina K. Standifer Chairwoman
Doc. No. 039331
Vol. 30, No. 16, April 21, 2011
450
State of Kansas
Kansas Register
Meeting/RFP

Notice of Meeting The Kansas State Employees Health Care Commission will meet at 1:30 p.m. Monday, April 25, in the KPERS boardroom, 611 S. Kansas Ave., Topeka. For more information, contact Laurie Knowlton, State Employee Health Plan, at (785) 296-6280. Dennis Taylor Chair
Doc. No. 039324
State of Kansas

Request for Proposals The Department of Social and Rehabilitation Services, Children and Family Services, announces the release of a request for proposals to provide targeted services to children and families to prevent maltreatment, prevent outof-home placement, and/or prevent the need for SRS Children and Family Services involvement. SRS seeks to serve children and families throughout the state of Kansas by funding multiple programs that focus on the aforementioned services in each SRS region. The deadline for proposals is 5 p.m. May 16. For more information, contact Daniel Klucas, SRS, 8th Floor Purchasing, Docking State Office Building, 915 S.W. Harrison, Topeka, 66612, (785) 296-4295, or e-mail at Daniel. Klucas@srs.ks.gov. Robert Siedlecki Secretary of Social and Rehabilitation Services
Doc. No. 039340
Successful applicants also will have expertise in community mobilization and coalition development and have the skills and abilities necessary to support the implementation of evidence-based prevention strategies and environmental approaches through direct service delivery. The ability to provide indirect services and build capacity for the implementation of evidence-based strategies also is essential (i.e., provision of trainings of trainers, trainings of facilitators, and technical assistance in the utilization of research-based prevention planning frameworks) for supporting communities in respective regions. The period for the grant will run from July 1, 2011 through June 30, 2012, with three optional one-year renewal periods possible at the discretion of the state of Kansas, SRS/AAPS. Agencies interested in receiving a request for proposals can download the PDF copy at http://www.srs.ks.gov/ agency/as/Pages/default.aspx or may contact Daniel Klucas, 8th Floor, Docking State Office Building, 915 S.W. Harrison, Topeka, 66612-1570, (785) 296-4295. Complete proposals must be received by 5 p.m. May 13.
Region Region 1 - Barton, Cheyenne, Decatur, Ellis, Gove, Graham, Logan, Norton, Osborne, Pawnee, Phillips, Rawlins, Rooks, Rush, Russell, Sheridan, Sherman, Smith, Thomas, Trego and Wallace counties Region 2 - Barber, Clark, Comanche, Edwards, Finney, Ford, Grant, Gray, Greeley, Hamilton, Haskell, Hodgeman, Kearny, Kiowa, Lane, Meade, Morton, Ness, Pratt, Scott, Seward, Stafford, Stanton, Stevens and Wichita counties Funding Up to $162,847.60
Up to $202,749.80
State of Kansas

Request for Proposals (Revised)
(Editors Note: This announcement was originally published in the April 14, 2011 Kansas Register. It is being republished due to omission of Mitchell County from Region 3 in the original publication. In addition, funding for Region 1 and Region 4 have been updated due to incorrect funding amounts listed in the original publication.)
Region 3 - Clay, Cloud, Dickinson, Up to $223,269.50 Ellsworth, Geary, Jewell, Lincoln, Mitchell, Marshall, Nemaha, Ottawa, Pottawatomie, Republic, Riley, Saline, Wabaunsee and Washington counties Region 4 - Harper, Harvey, Kingman, McPherson, Reno, Rice, Sedgwick and Sumner counties Region 5 - Butler, Chase, Chautauqua, Coffey, Cowley, Elk, Greenwood, Lyon, Marion and Morris counties Region 6 - Atchison, Brown, Doniphan, Douglas, Franklin, Jackson, Jefferson and Miami counties Region 7 - Allen, Anderson, Bourbon, Cherokee, Crawford, Labette, Linn, Montgomery, Neosho, Wilson and Woodson counties Region 8 - Shawnee and Osage counties Region 9 - Johnson County Region 10 - Wyandotte and Leavenworth counties Up to $294,241.70
Up to $199,364.60
Up to $224,689.00
The Kansas Department of Social and Rehabilitation Services, Division of Disability and Behavioral Health Services (DBHS), Addiction and Prevention Services (AAPS), announces the release of a request for proposals to provide substance abuse prevention services within 10 regions (see below) serving all 105 counties in the state of Kansas. Successful applicants will demonstrate the capacity to provide training and technical assistance to communities and support them in implementing effective prevention processes (e.g., assessment, planning, implementation of effective prevention strategies and evaluation) to address priority local risk and protective factors associated with underage drinking, as well as address statewide prevention outcomes of reducing binge drinking and 30-day use of alcohol and tobacco among youth.
Up to $229,010.20
Up to $200,415.40 Up to $292,095.00 Up to $180,156.00
Robert Siedlecki Secretary of Social and Rehabilitation Services

Doc. No. 039344
Vol. 30, No. 16, April 21, 2011

State of Kansas
Kansas Register
451

Request for Comments The Department of Social and Rehabilitation Services is accepting public comments on the state fiscal year 2012 Social Services Block Grant. A copy of the plan, paper or electronic, may be obtained by contacting Melanie Dixon at (785) 296-6216, by e-mail at Melanie.Dixon@ srs.ks.gov, or under Hot Topics at the following Web site: http://www.srs.ks.gov/Pages/Default.aspx. Comments must be submitted in writing and received by SRS by May 16. Robert Siedlecki Secretary of Social and Rehabilitation Services
Doc. No. 039304
State of Kansas

Request for Comments The Kansas Department of Health and Environment is soliciting comments regarding a proposed air quality operating permit. Oneok Field Services has applied for a Class I operating permit in accordance with the provisions of K.A.R. 28-19-510 et seq. The purpose of a Class I permit is to identify the sources and types of regulated air pollutants emitted from the facility; the emission limitations, standards and requirements applicable to each source; and the monitoring, record keeping and reporting requirements applicable to each source as of the effective date of permit issuance. Oneok Field Services, P.O. Box 871, Tulsa, OK 741020871, owns and operates Okmar compressor station, located at Section 35, T32S, R12W, Barber County, Kansas. A copy of the proposed permit, permit application, all supporting documentation and all information relied upon during the permit application review process is available for a 30-day public review during normal business hours at the KDHE, Bureau of Air, 1000 S.W. Jackson, Suite 310, Topeka; and a copy of the proposed permit can be reviewed at the KDHE Southwest District Office, 302 W. McArtor Road, Dodge City. To obtain or review the proposed permit and supporting documentation, contact Michael J. Parhomek, (785) 296-1580, at the KDHE central office; and to review the proposed permit only, contact Ethyl Evans, (620) 356-1075, at the KDHE Southwest District Office. The standard departmental cost will be assessed for any copies requested. Direct written comments or questions regarding the proposed permit to Michael J. Parhomek, KDHE, Bureau of Air, 1000 S.W. Jackson, Suite 310, Topeka, 66612-1366. In order to be considered in formulating a final permit decision, written comments must be received before the close of business May 23. A person may request a public hearing be held on the proposed permit. The request for a public hearing shall be in writing and set forth the basis for the request. The written request must be submitted to Sharon Burrell, Bu-
reau of Air, not later than the close of business May 23 in order for the Secretary of Health and Environment to consider the request. The U.S. Environmental Protection Agency has a 45day review period, which will start concurrently with the 30-day public comment period, within which to object to the proposed permit. If the EPA has not objected in writing to the issuance of the permit within the 45-day review period, any person may petition the administrator of the EPA to review the permit. The 60-day public petition period will directly follow the EPAs 45-day review period. Interested parties may contact KDHE to determine if the EPAs 45-day review period has been waived. Any such petition shall be based only on objections to the permit that were raised with reasonable specificity during the public comment period provided for in this notice, unless the petitioner demonstrates that it was impracticable to raise such objections within such period, or unless the grounds for such objection arose after such period. Contact Patricia Scott, U.S. EPA, Region VII, Air Permitting and Compliance Branch, 901 N. 5th St., Kansas City, KS 66101, (913) 551-7312, to determine when the 45day EPA review period ends and the 60-day petition period commences. Robert Moser, M.D. Secretary of Health and Environment
Doc. No. 039333
State of Kansas

Request for Comments The Kansas Department of Health and Environment is soliciting comments regarding a proposed air quality operating permit. Henke Manufacturing Corporation has applied for a Class I operating permit in accordance with the provisions of K.A.R. 28-19-510 et seq. The purpose of a Class I permit is to identify the sources and types of regulated air pollutants emitted from the facility; the emission limitations, standards and requirements applicable to each source; and the monitoring, record keeping and reporting requirements applicable to each source as of the effective date of permit issuance. Henke Manufacturing Corporation, 3070 Wilson Ave., Leavenworth, 66048, owns and operates a snow removal equipment manufacturing facility at the same location. A copy of the proposed permit, permit application, all supporting documentation and all information relied upon during the permit application review process is available for a 30-day public review during normal business hours at the KDHE, Bureau of Air, 1000 S.W. Jackson, Suite 310, Topeka; and a copy of the proposed permit can be reviewed at the KDHE Northeast District Office, 800 W. 24th, Lawrence. To obtain or review the proposed permit and supporting documentation, contact Kristin R. Fritchman, (785) 638-6683, at the KDHE central office; and to review the proposed permit only, contact Pat Simpson, (785) 842-4600, at the KDHE Northeast District Office. The
(continued)
Vol. 30, No. 16, April 21, 2011
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Kansas Register
State of Kansas
Request for Comments/Notices
standard departmental cost will be assessed for any copies requested. Direct written comments or questions regarding the proposed permit to Kristin R. Fritchman, KDHE, Bureau of Air, 1000 S.W. Jackson, Suite 310, Topeka, 66612-1366. In order to be considered in formulating a final permit decision, written comments must be received before the close of business May 23. A person may request a public hearing be held on the proposed permit. The request for a public hearing shall be in writing and set forth the basis for the request. The written request must be submitted to Sharon Burrell, Bureau of Air, not later than the close of business May 23 in order for the Secretary of Health and Environment to consider the request. The U.S. Environmental Protection Agency has a 45day review period, which will start concurrently with the 30-day public comment period, within which to object to the proposed permit. If the EPA has not objected in writing to the issuance of the permit within the 45-day review period, any person may petition the administrator of the EPA to review the permit. The 60-day public petition period will directly follow the EPAs 45-day review period. Interested parties may contact KDHE to determine if the EPAs 45-day review period has been waived. Any such petition shall be based only on objections to the permit that were raised with reasonable specificity during the public comment period provided for in this notice, unless the petitioner demonstrates that it was impracticable to raise such objections within such period, or unless the grounds for such objection arose after such period. Contact Patricia Scott, U.S. EPA, Region VII, Air Permitting and Compliance Branch, 901 N. 5th St., Kansas City, KS 66101, (913) 551-7312, to determine when the 45day EPA review period ends and the 60-day petition period commences. Robert Moser, M.D. Secretary of Health and Environment
Doc. No. 039334

Name and Address Legal Receiving of Applicant Description Water Giger Land & Cattle SW/4 of Section 28, Neosho River Corporation T19S, R07E, Chase Basin Alan Giger County 1020 Kansas Hwy. 150 Elmdale, KS 66850 Kansas Permit No. A-NECS-B004 This is a new permit for an existing facility with a maximum capacity of 500 head (500 animal units) of cattle weighing greater than 700 pounds. Modifications to the facility include the construction of a diversion, a sediment basin, and a vegetative treatment area. Name and Address of Applicant Royal Farms Dairy Kyle Averhoff 3705 F Road Garden City, KS 67846 Legal Receiving Description Water S/2 of Section 28 & Upper Arkansas N/2 & SW/4 of River Basin Section 33, T24S, R30W, Gray County Kansas Permit No. A-UAGY-D001 Federal Permit No. KS0095362 This permit is being reissued with modifications for an expanding confined animal feeding operation with the capacity for 48,600 head (41,040 animal units) of dairy cattle. This represents an increase of 600 head (840 animal units) from the previous permit. This facility has an approved nutrient management plan on file with KDHE. Name and Address Legal Receiving of Applicant Description Water Eichman Brothers, Inc. S/2 of Section 28, Kansas River Steven J. Eichman T08S, R09E, Basin 13075 Brush Creek Road Pottawatomie Westmoreland, KS 66549 County Kansas Permit No. A-KSPT-S021 This permit is being reissued with a previously approved expansion for an existing facility with a maximum capacity of 600 head (240 animal units) of swine more than 55 pounds and 4,800 head (480 animal
State of Kansas

Doc. No. 039323
Vol. 30, No. 16, April 21, 2011
Kansas Register
453
units) of swine 55 pounds or less, for a total of 720 animal units. The proposed expansion consists of the addition of an enclosed nursery building. There is no change in the permitted animal units from the previous permit. Name and Address Legal Receiving of Applicant Description Water Robert Becker NE/4 of Section 06, Solomon River 1275 110 Road T08S, R10W, Basin Cawker City, KS 67430 Mitchell County Kansas Permit No. A-SOMC-B008 This permit is being reissued for an existing facility with a maximum capacity of 400 head (200 animal units) of cattle 700 pounds or less. There is no change in the permitted animal units from the previous permit.
ing cost assessed by KDHE. Application information and components of plans and specifications for all new and expanding swine facilities are available on the Internet at http://www.kdheks.gov/feedlots. Division of Environment offices are open from 8 a.m. to 5 p.m. Monday through Friday, excluding holidays. Robert Moser, M.D. Secretary of Health and Environment
Doc. No. 039335
State of Kansas
Name and Address Receiving Type of of Applicant Stream Discharge Spring River Treated Domestic Baxter Springs, City of Wastewater P.O. Box 577 Baxter Springs, KS 66713 Kansas Permit No. M-NE06-OO01 Federal Permit No. KS0045934 Legal Description: SW14, S6, T35S, R25E, Cherokee County Facility Description: The proposed action consists of a modification of an existing Kansas/NPDES Water Pollution Control permit for an existing facility. The proposed modification alters the reporting period and updates the permit style and standard conditions. All other terms and provisions of the existing permit will remain in effect.

Request for Comments The state of Kansas is proposing to use federal funds under the U.S. Department of Housing and Urban Developments Lead-Based Paint Hazard Control Grant Program (HUD Grant #KSLHD0481-10), within a FEMAdesignated 100-year floodplain, for the 36-month grant period of March 2011 to February 2014. The proposed program would involve lead hazard control/reduction activities and minor rehabilitation on residential properties within Sedgwick County. The target area contains floodplains and project sites located within Flood Zones A, AO, AH, A1-A30 and A99, as designated by the Flood Insurance Rate Maps. The Sedgwick County Lead Hazard Control Program will focus on the following activities during the grant period: community awareness and education programs on lead hazard control and lead poisoning prevention; completion of 300 risk assessments to identify lead-based paint risks; blood testing of children prior to lead hazard control work; 280 homes will have lead hazard control work; interim controls and hazard abatement completed; temporary relocation of families during hazard control activities; training for workers and supervisors; and training on lead-safe maintenance practices for residents and others working in low-income housing. All affected and interested agencies, groups and persons are encouraged to participate in the decision-making process for the proposed action in the floodplain. Written comments for consideration by the Kansas Department of Health and Environment may be sent to Michael Persley, KDHE, Kansas Healthy Homes and Lead Hazard Prevention Program, 1000 S.W. Jackson, Suite 330, Topeka, 66612. Written comments should be received not later than May 16. Information regarding the U.S. Department of Housing and Urban Developments regulations concerning floodplain management may be obtained by contacting Karen M. Griego-West, Program Environmental Clearance Officer, U.S. Department of Housing and Urban Development, 611 W. 6th St., Suite 805, Los Angeles, CA 90017. Robert Moser, M.D. Secretary of Health and Environment
Doc. No. 039337
Persons wishing to comment on the draft documents and/or permit applications must submit their comments in writing to the Kansas Department of Health and Environment if they wish to have the comments considered in the decision-making process. Comments should be submitted to the attention of the Livestock Waste Management Section for agricultural-related draft documents or applications, or to the Technical Services Section for all other permits, at the Kansas Department of Health and Environment, Division of Environment, Bureau of Water, 1000 S.W. Jackson, Suite 420, Topeka, 66612-1367. All comments regarding the draft documents or application notices received on or before May 21 will be considered in the formulation of the final determinations regarding this public notice. Please refer to the appropriate Kansas document number (KS-AG-11-064/067, KS-Q-11025) and name of the applicant/permittee when preparing comments. After review of any comments received during the public notice period, the Secretary of Health and Environment will issue a determination regarding final agency action on each draft document/application. If response to any draft document/application indicates significant public interest, a public hearing may be held in conformance with K.A.R. 28-16-61 (28-46-21 for UIC). All draft documents/applications and the supporting information including any comments received are on file and may be inspected at the offices of the Kansas Department of Health and Environment, Bureau of Water. These documents are available upon request at the copy-
Vol. 30, No. 16, April 21, 2011
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State of Kansas
Kansas Register
State of Kansas
Notices Department of Transportation
36-45 KA-2191-01 Pavement Preservation Project The scope of the services is to prepare a set of plans for the Pavement Preservation Project 36-45 KA-2191-01 on US-36 in and near Mankato (1.4 miles). The current estimate for construction is $4.3 million and is scheduled for an October 2015 letting.
Notice to Consulting Engineers The Kansas Department of Transportation is seeking well qualified consulting engineering firms, prequalified as a minimum in Category 211 - Highway Design-Major Facility, for on-call design services with potential project descriptions as listed below. A PDF (1 Mb maximum size) of the interest response must be e-mailed to David J. Nagy, P.E., Assistant to the Bureau Chief of Design/Contracts Engineer, at DavidN@ksdot.org. Interest responses are limited to four pages, the subject line of the e-mail and the PDF file name must read On-Call Design Services - Firm Name, and must be received by noon April 28 for the consulting engineering firm to be considered.
On-Call Design Services Projects The scope of the services will vary, but these services are anticipated for compressed schedule projects where time is of the essence. A wide range of possible services may be required for these projects, including but not limited to: roadway design, bridge design, traffic engineering, hydraulics and hydrology.
The Consultant Shortlist Committee will select three to five of the most highly qualified firms expressing interest and schedule an individual interview. The consulting firms can more thoroughly discuss their experience related to the project at the interview and will be expected to discuss their approach to this project in detail and the personnel to be assigned to this project. Firms not selected to be short-listed will be notified. Categories maybe viewed at www.ksdot.org/divengdes/prequal. The Consultant Selection Committee, appointed by the Secretary of Transportation, will conduct the discussions with the firms invited to the individual interview conferences. The committee will select one firm to perform the professional services required for completing the advertised project. After the selection, the firm(s) not selected will be notified of the outcome. It is KDOTs policy to use the following criteria as the basis for selection of the consulting engineering firms: 1. Size and professional qualifications. 2. Experience of staff. 3. Location of firm with respect to project(s). 4. Work load of firm. 5. Firms performance record. The firms accounting systems must have the following capabilities before the firm may be awarded a contract: Valid, reliable and current costs must be available within the system to support cost and pricing data. Capability to provide a means of measuring the reasonableness of incurred costs. Capability to identify and accumulate allowable costs by contract or project records that will reconcile with the general ledger. Ability to provide supporting documentation of actual expenditures for each billing, based on costs. For more information, contact David Nagy at DavidN@ksdot.org. Deb Miller Secretary of Transportation
Doc. No. 039298
The Consultant Shortlist Committee will select 15 to 20 of the most highly qualified firms expressing interest and schedule an individual interview. The consulting firms can more thoroughly discuss their experience related to the project at the interview and will be expected to discuss their approach to this project in detail and the personnel to be assigned to this project. Firms not selected to be short-listed will be notified. Categories may be viewed at www.ksdot.org/divengdes/prequal. The Consultant Selection Committee, appointed by the Secretary of Transportation, will conduct the discussions with the firms invited to the individual interview conferences. The committee will select one firm to perform the professional services required for completing the advertised project. After the selection, the firm(s) not selected will be notified of the outcome. It is KDOTs policy to use the following criteria as the basis for selection of the consulting engineering firms: 1. Size and professional qualifications. 2. Experience of staff. 3. Location of firm with respect to project(s). 4. Work load of firm. 5. Firms performance record. The firms accounting systems must have the following capabilities before the firm may be awarded a contract: Valid, reliable and current costs must be available within the system to support cost and pricing data. Capability to provide a means of measuring the reasonableness of incurred costs. Capability to identify and accumulate allowable costs by contract or project records that will reconcile with the general ledger. Ability to provide supporting documentation of actual expenditures for each billing, based on costs. For more information, contact David Nagy at DavidN@ksdot.org. Deb Miller Secretary of Transportation
Doc. No. 039300
Vol. 30, No. 16, April 21, 2011
Notices
State of Kansas
Kansas Register
State of Kansas
455 Department of Transportation
77-18 KA-2215-01 Pavement Preservation Project The scope of the services is to prepare a set of plans for the Pavement Preservation Project 77-18 KA-2215-01 on US-77 from Arkansas City to Winfield (9.4 miles). The current estimate for construction is $28.0 million and is scheduled for a February 2016 letting.
56-59 KA-2192-01 Pavement Preservation Project The scope of the services is to prepare a set of plans for the Pavement Preservation Project 56-59 KA-2192-01 on US-56 from Eby Street to RS-319 junction in McPherson. The current estimate for construction is $5.0 million and is scheduled for an October 2015 letting.
Doc. No. 039294
Doc. No. 039295
Vol. 30, No. 16, April 21, 2011
456
State of Kansas
Kansas Register
The Kansas Department of Transportation requests comments on the amendment of the Statewide Transportation Improvement Program (STIP) FY 11-14. The comprehensive list of projects being amended to the STIP may be viewed online at www.ksdot.org/publications.asp. This list includes projects for counties and cities, and projects on the State Highway System. The amendment of the STIP requires a public comment period of 14 days. To make comments on this STIP amendment, contact the Kansas Department of Transportation, Bureau of Program and Project Management, 2nd Floor Tower, Eisenhower State Office Building, 700 S.W. Harrison, Topeka, 66603-3754, (785) 296-3526, fax (785) 368-6664. This information is available in alternative accessible formats. To obtain an alternative format, contact the KDOT Bureau of Transportation Information, (785) 2963585 (Voice/Hearing Impaired-711). The comment period regarding the STIP amendment for these projects will conclude May 4. Deb Miller Secretary of Transportation
Doc. No. 039332
Shawnee470-89 KA-1627-01 I-470 bridge at the junction of 10th Street, bridge repair. (State Funds) Shawnee75-89 KA-1628-01 U.S. 75, 0.5 mile north of the east junction of I-70, bridge repair. (State Funds) ShawneeKA-2199-01 Mudjacking at various locations in District One. (State Funds) Wyandotte105 C-4385-01 Donahoo Road from K7 to 131st Street, grade and surfacing, 1 mile. (State Funds) Wyandotte105 C-4589-01 U.S. 73 and Donahoo Road intersection, grading and surfacing, 0.3 mile. (Federal Funds) District Two Northcentral Cloud24-15 KA-1589-01 Two U.S. 24 bridges located east of the Mitchell County line and east of U.S. 81, bridge repair. (State Funds) Dickinson-Geary18-106 KA-2333-01 K-18 in Dickinson County beginning at the K-15 east junction east to the Dickinson-Geary county line; K-18 in Geary County beginning at the Dickinson-Geary county line east to the junction of U.S. 77, crack repair, 14.2 miles. (State Funds) Washington-Jewell106 KA-2330-01 U.S. 36 in Jewell County beginning at the west junction K-128 to 4.4 miles east of the K-128 east junction; U.S. 36 in Washington County beginning at the Republic-Washington county line east to the east city limits of Washington; K22 in Washington County beginning at the junction of U.S. 36 north to Haddam, crack repair, 6.7 miles. (State Funds) District Three Northwest Sherman91 C-4506-01 County bridge 15 miles north and 5.4 miles west of Goodland, bridge repair, 0.2 mile. (Federal Funds) Rawlins36-106 KA-2340-01 Pavement markings in Atwood, Goodland, Norton, Oakley and Oberlin, 3.2 miles. (Federal Funds) District Four Southeast Anderson2 C-4126-01 County road 0.5 mile south and 3.7 miles east of Garnett, grading, bridge and surfacing, 0.1 mile. (State Funds) Crawford19 U-2000-01 Atkinson Road over Cow Creek in Pittsburg, grading and bridge, 0.1 mile. (Federal Funds) Montgomery63 KA-2179-01 South Kansas Oklahoma Railroad Cherryvale-Tulsa, railroad improvement. (Federal Funds) Neosho67 KA-0840-01 Elk Road from 49th Street north to 35th Street south of Chanute, grading and surfacing, 0.8 mile. (State Funds) Neosho-Wilson106 KA-2177-01 South Kansas Oklahoma Railroad in Neodesha and Chanute, railroad improvements. (Federal Funds) District Five Southcentral Barber160-004 KA-1583-01 Three U.S. 160 bridges located east of the east junction of U.S. 281, bridge repair. (State Funds) Butler8 N-0475-01 21st Street north from 159th Street to 1,000 feet east of Andover Road, grading and surfacing, 1.1 miles. (Federal Funds)
State of Kansas
Notice to Contractors Sealed proposals for the construction of road and bridge work in the following Kansas counties will be received at the Bureau of Construction and Maintenance, KDOT, Topeka, or at the Eisenhower State Office Building, fourth floor west wing, 700 S.W. Harrison, Topeka, until 1 p.m. May 18 and then publicly opened: District One Northeast Atchison159-3 KA-1582-01 U.S. 159 bridge 0.8 mile north of the west junction of K-9, bridge repair. (State Funds) Brown73-7 KA-1306-01 U.S. 73 bridges 0.4 mile east of the junction of U.S. 159 and 4 miles north of the west junction of K-20, bridge repair, 0.1 mile. (State Funds) Jefferson59-44 KA-2343-01 U.S. 59 beginning at the U.S. 24 junction north to the junction of K-4, milling and overlay, 24.9 miles. (State Funds) Johnson46-35 KA-2348-01 I-35 beginning at the Johnson-Miami county line, mile marker 201.9 to mile marker 213; I-35 beginning at mile marker 213 to mile marker 216, pavement patching, 14.3 miles. (State Funds) Johnson69-46 K-8251-08 U.S. 69 from 119th Street north to I-35 and I-35 north to 75th Street, grading, bridge and surfacing, 3 miles. (Federal Funds) Johnson35-46 KA-2317-01 Spray patch and overlay on I-35 in Johnson County, 2.7 miles (State Funds) Marshall58 C-4369-01 County road from 2 miles east of Marysville then north, surfacing. (State Funds)
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Butler8 C-4548-01 County road 3 miles east and 0.7 mile north of El Dorado, grading, bridge and surfacing, 0.2 mile. (State Funds) Rice56-80 KA-1618-01 U.S. 56 bridge located 1.4 miles east of K-46, bridge repair. (State Funds) Rush96-83 KA-1319-01 K-96 bridges 10.2 miles and 11.9 miles east of the Ness County Line, bridge repair. (State Funds) Sedgwick96-87 KA-2284-01 K-96 in Sedgwick County, slide repair. (State Funds) Sedgwick96-87 KA-2338-01 K-96 in Sedgwick County, 6.5 miles, seal. (State Funds) Sedgwick235-87 KA-2345-01 From the south end of I-235 north 15.6 miles to the Broadway Bridge, pavement patching. 15.6 miles. (State Funds) District Six Southwest Scott83-86 KA-2344-01 U.S. 83 from Scott City north to the Scott-Logan county line, crack repair, 14.4 miles. (State Funds) Proposals will be issued upon request to all prospective bidders who have been prequalified by the Kansas Department of Transportation on the basis of financial condition, available construction equipment and experience. Also, a statement of unearned contracts (Form No. 284) must be filed. There will be no discrimination against anyone because of race, age, religion, color, sex, handicap or national origin in the award of contracts. Each bidder shall file a sworn statement executed by or on behalf of the person, firm, association or corporation submitting the bid, certifying that such person, firm, association or corporation has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the submitted bid. This sworn statement shall be in the form of an affidavit executed and sworn to by the bidder before a person who is authorized by the laws of the state to administer oaths. The required form of affidavit will be provided by the state to each prospective bidder. Failure to submit the sworn statement as part of the bid approval package will make the bid nonresponsive and not eligible for award consideration. Plans and specifications for the projects may be examined at the office of the respective county clerk or at the KDOT district office responsible for the work. Deb Miller Secretary of Transportation
Doc. No. 039336
State of Kansas

Notice of Hearing on Proposed Administrative Regulations A public hearing will be conducted at 10 a.m. Tuesday, June 21, in Room 106 of the Landon State Office Building, 900 S.W. Jackson, Topeka, to consider the adoption of proposed changes in existing rules and regulations.
This 60-day notice of the public hearing shall constitute a public comment period for the purpose of receiving written public comments on the proposed rules and regulations. All interested parties may submit written comments prior to the hearing to the manager of technician services, Room 1031, Landon State Office Building, 900 S.W. Jackson, Topeka, 66612. All interested parties will be given a reasonable opportunity to present their views orally on the adoption of the proposed regulations during the hearing. In order to give all parties an opportunity to present their views, it may be necessary to request that each participant limit any oral presentations to five minutes. Any individual with a disability may request accommodation in order to participate in the public hearing and may request the proposed regulations and economic impact statements in an accessible format. Requests for accommodation should be made at least five working days in advance of the hearing by contacting Ann Stevenson at (785) 296-7296. Handicapped parking is located in front of and to the north of the Landon State Office Building. These regulations are proposed for adoption on a permanent basis. A summary of proposed regulations and their economic impact follows: K.A.R. 109-5-5. Retroactive approval of continuing education courses. This regulation is a revision of the current regulation. The regulation is being changed to provide consistency in language between this regulation and K.A.R. 109-5-1. K.A.R. 109-9-1. Instructor-coordinator certification. This regulation is a revision of the current regulation. This regulatory revision is necessary to incorporate language for the new scope of practice changes. K.A.R. 109-9-4. Requirements for acceptance into an instructor-coordinator initial course of instruction. This regulation is a revision of the current regulation. This regulatory revision is necessary to incorporate language for the new scope of practice changes. K.A.R. 109-10-3. Late enrollment. This regulation is a revision of the current regulation. This regulatory revision is necessary to clean up the current language. K.A.R. 109-10-5. Revoked. This regulation is being revoked due to interactive television being a part of the distance learning regulation. K.A.R. 109-15-1. Reinstating attendant certificate after expiration. This regulation is a revision to the current regulation. These changes are necessary to incorporate the new levels of certification associated with adoption of the new scopes of practice and to add the requirement of completion of transition training to have certification reinstated. K.A.R. 109-15-2. Recognition of non-Kansas credentials. This regulation is a revision to the current regulation. These regulatory changes are necessary to incorporate the new levels of certification associated with the scope of practice changes. Copies of the regulations and the economic impact statements may be obtained from the Kansas Board of Emergency Medical Services at the contact information above or accessed at www.ksbems.org. Steven Sutton Executive Director
Doc. No. 039338
Vol. 30, No. 16, April 21, 2011
458
State of Kansas
Kansas Register
Hearings
A public hearing will be conducted at 10 a.m. Wednesday, June 29, in the fourth floor training room of the Kansas Department of Agriculture, 109 S.W. 9th, Topeka, to consider the adoption of amendments to existing rules and regulations on a permanent basis. Individuals wishing to participate by teleconference may go to the office of the Equus Beds Groundwater Management District (GMD 2), 313 Spruce, Halstead, at the time of the public hearing. A summary of the regulations and the economic impact follows: K.A.R. 5-22-4a requires the installation of a water flowmeter on all nondomestic, nontemporary groundwater rights (wells) located within the boundaries of the Equus Beds Groundwater Management District No. 2 (GMD 2), which were not previously metered through orders of the chief engineer or action of the GMD board. K.A.R. 5-22-4d adds that a person designated by the board can grant an extension in time to install a water flowmeter. Economic Impact: The requirement for all wells located within the boundaries of GMD 2 will be completed as part of the departments core mission and be spread out over four years, therefore the department does not anticipate a large economic impact to the agency. A water flowmeter pre-mounted in a measurement tube typically costs approximately $1000. Installation costs vary greatly based on plumbing. A rough estimate of installation is $500 per well. The GMD 2 anticipates 800 unmetered wells are located in its district. The regulation sets out a schedule of meter installation over four years; 200 meters per year $1500 (meter and installation) $300,000 per year for four years for a total of $1.2 million. This 60-day notice of the public hearing shall constitute a public comment period for the purpose of receiving written public comments on the proposed amendments to the rules and regulations. All interested parties may submit written comments prior to the hearing to the chief engineer, Division of Water Resources, Department of Agriculture, 109 S.W. 9th., 2nd Floor, Topeka, 66612, or by e-mail at leslie.garner@kda.ks.gov. All interested parties will be given a reasonable opportunity to present their views orally on the adoption of the proposed amendment during the hearing. Comments also may be made through the departments Website, http:// www.ksda.gov, under the proposed regulation. In order to give all parties an opportunity to present their views, it may be necessary to request that each participant limit any oral presentation to five minutes. Any individual with a disability may request accommodation in order to participate in the public hearing and may request the proposed regulations and impact statements in an accessible format. Requests for accommodation should be made at least five working days in advance
of the hearing by contacting Leslie Garner at (785) 2964623 or fax (785) 368-6668. Handicapped parking in Topeka is located at the southwest corner of 9th and Kansas Ave., and the north entrance to the building is accessible to individuals with disabilities. Copies of the regulations and the economic impact statements may be obtained by contacting Leslie Garner at the contact information above or by accessing the departments Web site at http://www.ksda.gov. David W. Barfield, Chief Engineer Division of Water Resources
Doc. No. 039330
State of Kansas

Notice of Hearing on Proposed Administrative Regulations A public hearing will be conducted by the Wildlife and Parks Commission at 7 p.m. Thursday, June 23, at the Norton Community High School, 103 W. Woodsfield, Norton, to consider the approval and adoption of proposed regulations of the Kansas Department of Wildlife and Parks. A general discussion and workshop meeting on business of the Wildlife and Parks Commission will begin at 1:30 p.m. June 23 at the location listed above. The meeting will recess at 5:30 p.m., then resume at 7 p.m. at the same location for more business and the regulatory hearing. There will be public comment periods at the beginning of the afternoon and evening meetings for any issues not on the agenda, and additional comment periods will be available during the meeting on agenda items. Old and new business also may be discussed at this time. If necessary to complete business matters, the commission will reconvene at 9 a.m. June 24 at the same location. Any individual with a disability may request accommodation in order to participate in the public meeting and may request the meeting materials in an accessible format. Requests for accommodation should be made at least five working days in advance of the meeting by contacting Sheila Kemmis, commission secretary, at (620) 672-5911. Persons with a hearing impairment may call the Kansas Commission for the Deaf and Hard of Hearing at (800) 432-0698 to request special accommodations. This 60-day notice period prior to the hearing constitutes a public comment period for the purpose of receiving written public comments on the proposed administrative regulations. All interested parties may submit written comments prior to the hearing to the chairman of the commission, Kansas Department of Wildlife and Parks, 1020 S. Kansas Ave., Suite 200, Topeka, 66612, or to sheila.kemmis@ksoutdoors.com if electronically. All interested parties will be given a reasonable opportunity at the hearing to express their views orally in regard to the adoption of the proposed regulations. During the hearing, all written and oral comments submitted by interested parties will be considered by the commission as a basis for approving, amending and approving, or rejecting the proposed regulations. The regulations that will be heard during the regulatory hearing portion of the meeting are as follows:
Vol. 30, No. 16, April 21, 2011
Hearing/Bond Sale
Kansas Register
459
K.A.R. 115-1-1. This permanent regulation establishes definitions of certain terms used with department regulations. The proposed amendment would modify the definition of water set. Economic Impact Summary: The proposed amendments are not anticipated to have any appreciable negative economic impact on the department, other agencies, small businesses or the public. K.A.R. 115-5-1. This permanent regulation establishes legal equipment, taking methods, and general provisions for furbearers and coyotes. The proposed amendments would allow the use of .17 caliber firearms, allow KDWP numbers to be used for identification purposes on traps, clarify terminology related to traps and restrict certain traps to water sets. Economic Impact Summary: The proposed amendments are not anticipated to have any appreciable negative economic impact on the department, other agencies, small businesses or the public. K.A.R. 115-5-2. This permanent regulation establishes general requirements for possession and disposal of furbearers and coyotes. The proposed amendments would require tagging of otter pelts and surrender of otter carcasses to the department. Economic Impact Summary: The proposed amendments are not anticipated to have any appreciable negative economic impact on the department, other agencies, small businesses or the public. K.A.R. 115-25-11. This exempt regulation establishes the open season and bag limits for various furbearers. The proposed version would open a limited otter season. Economic Impact Summary: The proposed amendments are not anticipated to have any appreciable negative economic impact on the department, other agencies, small businesses or the public. K.A.R. 115-25-9a. This exempt regulation establishes additional considerations for the open season, bag limit and permits for deer. The proposed version of the regulation sets the deer seasons on Fort Riley only in order to better accommodate the changing training mission at Fort Riley. Economic Impact Summary: The proposed amendments are not anticipated to have any appreciable negative economic impact on the department, other agencies, small businesses or the public. Copies of the complete text of the regulations and their respective economic impact statements may be obtained by writing the chairman of the commission at the address above, electronically on the departments Web site at www.kdwp.state.ks.us, or by calling (785) 296-2281. Kelly Johnston Chairman
Doc. No. 039326
Summary Notice of Bond Sale City of Overland Park, Kansas $8,800,000* Internal Improvement Bonds Series 2011A (General obligations payable from unlimited ad valorem taxes) Bids Subject to the complete Notice of Bond Sale, bids for the Series 2011A Bonds will be received by delivery by the undersigned, chief financial officer for the city of Overland Park, Kansas, at the Overland Park City Hall, 8500 Santa Fe Drive, Overland Park, KS 66212, until 10 a.m. Monday, May 2, 2011, for the purchase of all of the citys $8,800,000* principal amount of Internal Improvement Bonds, Series 2011A, as hereinafter described. Electronic bids for the purchase of all of the Series 2011A Bonds will only be accepted through PARITY electronic bid submission system. Each bidder shall be solely responsible for making the necessary arrangements to access PARITY for the purpose of submitting its electronic bid in a timely manner and in compliance with the requirements of the Notice of Sale. If any provisions in this Summary Notice of Bond Sale conflict with information provided by PARITY, this Summary Notice of Bond Sale will control. Further information about PARITY, including any fee charged and registration requirements, may be obtained from i-Deal, LLC, 1359 Broadway, 2nd Floor, New York, NY 10018, Customer Support, (212) 849-5021. The city assumes no responsibility or liability for bids submitted through PARITY. The city is using the services of PARITY solely as a communication mechanism to conduct the electronic bidding for the Series 2011A Bonds. PARITY is not an agent of the city. All bids will be publicly opened on the date and at the time set forth above and acted upon by the City Council at a meeting to be held at 7:30 p.m., or soon thereafter as practicable, on said sale date. No oral, telephone, telefax or auction bids will be considered. Arrangements may be made with the financial advisor, Public Financial Management, 45 S. Seventh St., Suite 2800, Minneapolis, MN 55402, (612) 338-3535, Attention: Heather Casperson, to deliver a bid for the Series 2011A Bonds to the city. No bid of less than 99.5 percent of the principal amount of the Series 2011A Bonds, plus accrued interest thereon, if any, to the date of delivery will be considered. Bond Details The Series 2011A Bonds will be in book-entry form only. The Series 2011A Bonds will be issued in the denomination of $5,000 or any integral multiple thereof; will be dated June 1, 2011 (the dated date); will be issued in the principal amount of $8,800,000*; and will become due serially on September 1 in each of the years as follows: Maturity Schedule*
Maturity September 1 Principal Amount
2012
$880,000
(continued)
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2013 2014 2015 2016 2017 2018 2019 2020 2021 880,000 880,000 880,000 880,000 880,000 880,000 880,000 880,000 880,000
Kansas Register
Bond Sale/Hearing
financial officer, at (913) 895-6154. Arrangements may be made with the financial advisor to deliver a bid for the Series 2011A Bonds to the city. City of Overland Park, Kansas By: David M. Scott Chief Financial Officer Overland Park City Hall 8500 Santa Fe Drive Overland Park, KS 66212
* Preliminary; subject to change.
Doc. No. 039343
Bids for the Series 2011A Bonds may contain a maturity schedule providing for a combination of serial bonds and term bonds. All Series 2011A Term Bonds shall be subject to mandatory sinking fund redemption and must conform to the maturity schedule set forth above at a price of par plus accrued interest to the date of redemption. The Series 2011A Bonds will bear interest from the dated date at the rates to be determined when the Series 2011A Bonds are sold as provided in the Notice of Sale, payable semiannually on September 1 and March 1 in each year, commencing March 1, 2012. Delivery and Payment The Series 2011A Bonds will be delivered to the successful bidder properly prepared, executed and registered without cost within approximately 30 days after the date of their sale in New York, New York. Good Faith Deposit Each bidder shall provide the city prior to the time the governing body of the city accepts the bid a wire transfer of same-day funds in accordance with the requirements set forth in the Notice of Sale in the amount of $176,000 (2 percent of the principal amount of the Series 2011A Bonds). Costs The city will pay the cost of printing the Series 2011A Bonds and the expense of all legal services, including the opinion of Kutak Rock LLP, bond counsel, approving the legality of the Series 2011A Bonds and the exclusion of the interest thereon (with specified minor exceptions) from federal and Kansas gross income taxes. Assessed Valuation and Indebtedness For the computation of the debt limitation relating to the Series 2011A Bonds, the assessed valuation of the taxable tangible property within the city as of December 31, 2010, is $2,843,657,635. The total general obligation bonded indebtedness of the city as of the date of the Series 2011A Bonds is $197,645,000, which includes the Series 2011A Bonds and the citys Internal Improvement Refunding Bonds, Series 2011B, in the principal amount of $6,845,000* being offered for sale simultaneously with the sale of the Series 2011A Bonds. Additional Information A complete Notice of Bond Sale for the Series 2011A Bonds, Official Statement and bid form approved by the city will be mailed to all interested parties. Bidders may be required to be qualified in a manner established by the city before submitting a bid. Additional information regarding the Series 2011A Bonds may be obtained from the financial advisor, Public Financial Management, at (612) 338-3535, or from David M. Scott, the citys chief
State of Kansas

Notice of Hearing A public hearing will be conducted at 9 a.m. Thursday, May 5, in the offices of Kansas Development Finance Authority, 555 S. Kansas Ave., Suite 202, Topeka, on the proposal for the KDFA to issue its Agricultural Development Revenue Bond for the project numbered below in the respective maximum principal amount. The bond will be issued to assist the respective borrower named below (who will be the owner and operator of the project) to finance the cost in the amount of the bond, which is then typically purchased by a lender bank who then, through the KDFA, loans the bond proceeds to the borrower for the purposes of acquiring the project. The project shall be located as shown:
Project No. 000804 Maximum Principal Amount: $89,250. Owner/Operator: Walter Lehman. Description: Acquisition of 35 acres of agricultural land and related improvements and equipment to be used by the owner/ operator for farming purposes. The project is being financed by the lender for Walter Lehman and is located at Section 5, Highland Township, Harvey County, Kansas, approximately 7 miles north of Newton on State Highway 15.
The bond, when issued, will be a limited obligation of the KDFA and will not constitute a general obligation or indebtedness of the state of Kansas or any political subdivision thereof, including the KDFA, nor will it be an indebtedness for which the faith and credit and taxing powers of the state of Kansas are pledged. The bond will be payable solely from amounts received from the respective borrower, the obligation of which will be sufficient to pay the principal of, interest and redemption premium, if any, on the bond it becomes due. All individuals who appear at the hearing will be given an opportunity to express their views concerning the proposal to issue the bond to finance the project, and all written comments previously filed with the KDFA at its offices at 555 S. Kansas Ave., Suite 202, Topeka, 66603, will be considered. Additional information regarding the project may be obtained by contacting the KDFA. Tim Shallenburger President
Doc. No. 039342
Vol. 30, No. 16, April 21, 2011
Meetings/Bond Sale
State of Kansas
Kansas Register
461

Notice of Meeting The State Conservation Commission will meet at 9 a.m. Monday, May 9, in the commissions conference room, 109 S.W. 9th, Suite 500, Topeka. A copy of the agenda may be obtained by contacting Cathy Thompson at (785) 296-3600. If special accommodations are needed, please contact the agency three days in advance of meeting date. Greg A. Foley Executive Director
Doc. No. 039325
Book-Entry-Only System The bonds shall be registered under a book-entry-only system administered through DTC. Paying Agent and Bond Registrar Security Bank of Kansas City, Kansas City, Kansas. Good Faith Deposit Each bid shall be accompanied by a good faith deposit in the form of a cashiers or certified check drawn on a bank located in the United States, a qualified financial surety bond, or a wire transfer in the amount of $120,000. Delivery The issuer will pay for printing the bonds and will deliver the same properly prepared, executed and registered without cost to the successful bidder on or about May 24, 2011, to DTC for the account of the successful bidder. Assessed Valuation and Indebtedness The equalized assessed tangible valuation for computation of bonded debt limitations for the year 2010 is $1,880,659,858. The total general obligation indebtedness of the issuer as of the dated date, including the bonds being sold, is $347,365,000. Approval of Bonds The bonds will be sold subject to the legal opinion of Gilmore & Bell, P.C., Kansas City, Missouri, bond counsel, whose approving legal opinion as to the validity of the bonds will be furnished and paid for by the issuer, printed on the bonds and delivered to the successful bidder when the bonds are delivered. Additional Information Additional information regarding the bonds may be obtained from the undersigned, or from the financial advisor, at the addresses set forth below. District Address: Merle Hastert Director of Business and Finance 14160 Black Bob Road Olathe, KS 66063 (913) 780-7000 Fax (913) 780-8011 Financial Advisor Written Bid and Good Faith Deposit Delivery Address: Springsted Incorporated 380 Jackson St., Suite 300 St. Paul, MN 55101 Attn: Bond Services (Fax (651) 223-3046 E-mail: advisors@springsted.com Dated April 19, 2011. Unified School District No. 233 Johnson County, Kansas (Olathe)
*Subject to change as provided in the Notice of Bond Sale.
Doc. No. 039341
State of Kansas
Statewide Independent Living Council

Notice of Meeting The Statewide Independent Living Council of Kansas, Inc. will meet at 10 a.m. Friday, May 13, at the Topeka and Shawnee County Public Library, Room 101A, 1515 S.W. 10th Ave., Topeka. For more information, contact Mary Lou Dunn or Shannon Jones at (785) 234-6990 or (800) 217-4525, or e-mail at Marylouya@aol.com. Robert Siedlecki Secretary of Social and Rehabilitation Services
Doc. No. 039339
Summary Notice of Bond Sale Unified School District No. 233 Johnson County, Kansas (Olathe) $6,000,000* Taxable General Obligation School Bonds, Series 2011A (Qualified School Construction Bonds Direct Pay) (General obligation bonds payable from unlimited ad valorem taxes) Bids Subject to the Notice of Bond Sale dated April 19, 2011, written and electronic bids will be received on behalf of the Unified School District No. 233, Johnson County, Kansas (the issuer), in the case of written bids, at the address set forth below, and in the case of electronic bids, through PARITY, until 11 a.m. May 5, 2011, for the purchase of the above-referenced bonds. No bid of less than 98.9 percent of the principal amount of the bonds and accrued interest thereon to the date of delivery will be considered. Bond Details The bonds will consist of fully registered bonds in the denomination of $5,000 or any integral multiple thereof. The bonds will be dated the issue date and will become due on September 1, 2025. The bonds will bear interest from the date thereof at the rate to be determined when the bonds are sold as hereinafter provided, which interest will be payable semiannually on March 1 and September 1 in each year, beginning March 1, 2012.
Vol. 30, No. 16, April 21, 2011
462
Kansas Register
City of Westmoreland, Kansas
Notice of Intent to Seek Private Placement General Obligation Bonds, Series 2011A
Notice/Bond Sale
Notice is hereby given that the city of Westmoreland, Kansas (the issuer), proposes to seek a private placement of the above-referenced bonds. The maximum aggregate principal amount of the bonds shall not exceed $122,000. The proposed sale of the bonds is in all respects subject to approval of a bond purchase agreement between the issuer and the purchaser of the bonds and the passage of an ordinance and adoption of a resolution by the governing body of the issuer authorizing the issuance of the bonds and the execution of various documents necessary to deliver the bonds. Dated April 11, 2011. Vicki B. Zentner City Clerk
Doc. No. 039327
the Notice of Sale, which interest will be payable semiannually on April 1 and October 1 in each year, beginning April 1, 2012. A bidder may elect to have all or a portion of the bonds scheduled to mature in consecutive years issued as term bonds subject to the requirements set forth in the Notice of Sale. Paying Agent and Bond Registrar Kansas State Treasurer, Topeka, Kansas. Good Faith Deposit The bidder for the bonds shall provide the city with a cashiers or certified check drawn on a bank located in the United States, a financial surety bond in a form that complies with the requirements set forth in the Notice of Sale, or the wire transfer of same-day funds in accordance with the requirements set forth in the Notice of Sale in the amount of $28,400 (2 percent of the principal amount of the bonds). Delivery The city will pay for preparation of the bonds and will deliver the same properly prepared, executed and registered without cost to the successful bidder on or about June 1, 2011, at the offices of the Depository Trust Company, New York, New York. Assessed Valuation and Indebtedness The equalized assessed tangible valuation for computation of bonded debt limitations for the year 2010 is $299,817,066. The total general obligation indebtedness of the city as of the date of the bonds, including the bonds being sold and certain notes being sold simultaneously with the bonds, is $32,087,476. Approval of Bonds The bonds will be sold subject to the legal opinion of Kutak Rock LLP, Kansas City, Missouri, bond counsel, whose approving legal opinion as to the validity of the bonds will be furnished and paid for by the city and delivered to the successful bidder when the bonds are delivered. Additional Information Additional information regarding the bonds may be obtained from the financial advisor, Ranson Financial Consultants, L.L.C., Sutton Place, 209 E. William, Suite 401, Wichita, KS 67202, Attention: John Haas, (316) 2643400; from the finance director; or from bond counsel, Kutak Rock LLP, 1010 Grand Blvd., Suite 500, Kansas City, MO 64106-2220, (816) 960-0090, Attention: Dorothea Riley. Dated April 11, 2011. City of Hutchinson, Kansas By Dennis Bockenstedt, Finance Director Hutchinson City Hall 125 E. Ave. B Hutchinson, KS 67501 (620) 694-2613
* Subject to change.
Doc. No. 039328
Summary Notice of Sale City of Hutchinson, Kansas $1,420,000* General Obligation Bonds, Series 2011-A (General obligation bonds payable from unlimited ad valorem taxes) Bids Subject to the Notice of Sale dated April 5, 2011, bids will be received by the finance director of the city of Hutchinson, Kansas, on behalf of the governing body at City Hall, 125 E. Ave. B, Hutchinson, KS 67501, or, in the case of electronic proposals, via PARITY electronic bid submission system, until 10 a.m. May 3, 2011, for the purchase of $1,420,000* principal amount of General Obligation Bonds, Series 2011-A. No bid of less than the entire par value of the bonds, plus accrued interest to the date of delivery, will be considered. Bond Details The bonds will consist of fully registered bonds in the denomination of $5,000 or any integral multiple thereof. The bonds will be dated June 1, 2011 (the dated date), and will become due on October 1 in the years as follows:
2013 2014 2015 2016 2017 2018 2019 2020 2021 2022
$120,000 125,000 130,000 130,000 140,000 145,000 150,000 155,000 160,000 165,000
The bonds will bear interest from the dated date at rates to be determined when the bonds are sold as provided in
Vol. 30, No. 16, April 21, 2011
Regulations/Index
State of Kansas
Kansas Register
463

Permanent Administrative Regulations Article 53.CHARITABLE HEALTH CARE PROVIDERS 28-53-1. Definitions. (a) Agreement means a written understanding between the secretary and a charitable health care provider, as defined in K.S.A. 75-6102 and amendments thereto, regarding the rendering of professional services to a medically indigent person. (b) Department means Kansas department of health and environment. (c) Federally qualified health center means one of the following: (1) An entity that meets the requirements for federal funding in 42 USC 1396d(l)(2)(B) and has been designated as a federally qualified health center by the federal government; or (2) an entity that, based on the recommendation of the federal health resources and services administration, is deemed to meet the requirements of the federal grant program and has been designated a federally qualified health center look-alike by the federal government but does not receive the federal grant funding specified in 42 USC 1396d(l)(2)(B). (d) Indigent health care clinic has the meaning specified in K.S.A. 75-6102, and amendments thereto. (e) Local health department has the meaning specified in K.S.A. 65-241, and amendments thereto. (f) (1) Point of entry means an entity that performs the following: (A) Determines whether an individual meets the criteria for a medically indigent person; (B) refers any medically indigent person to a charitable health care provider; (C) has submitted a completed application to the department on forms prescribed by the department; and (D) agrees to maintain records and submit an annual activity report as prescribed by the secretary. (2) This term may include any of the following:
(A) An entity meeting the definition of federally qualified health center or federally qualified health center look-alike; (B) an entity meeting the definition of indigent health care clinic; or (C) an entity meeting the definition of local health department. (g) Secretary means secretary of the Kansas department of health and environment. (Authorized by K.S.A. 75-6120; implementing K.S.A. 2010 Supp. 75-6102 and K.S.A. 75-6120; effective April 1, 1991; amended July 13, 1992; amended March 20, 2009; amended May 6, 2011.) 28-53-2. Agreement. (a) Each person or entity applying for an agreement shall submit a completed application to the department on forms prescribed by the department. (b) An agreement may be terminated by the secretary, the charitable health care provider, or the point of entry with 30 days of prior written notice to the department. Failure of the charitable health care provider to maintain the required licensure shall constitute concurrent cancellation of the agreement. (Authorized by K.S.A. 75-6120; implementing K.S.A. 2010 Supp. 75-6102 and K.S.A. 756120; effective April 1, 1991; amended July 13, 1992; amended March 20, 2009; amended May 6, 2011.) 28-53-4. Records and reports. (a) Each charitable health care provider either shall meet the following requirements or shall ensure that each point of entry through which the charitable health care provider delivers care meets the following requirements: (1) Maintains the completed forms prescribed by the department; and (2) submits a completed annual activity report to the department on a form prescribed by the department. (b) Failure of the charitable health care provider or the point of entry to comply with this regulation shall be grounds for termination of the agreement with the charitable health care provider. (Authorized by K.S.A. 756120; implementing K.S.A. 2010 Supp. 75-6102 and K.S.A. 75-6120; effective April 1, 1991; amended March 20, 2009; amended May 6, 2011.) Robert Moser, M.D. Secretary of Health and Environment
Doc. No. 039329
AGENCY 1: DEPARTMENT OF ADMINISTRATION Reg. No. 1-16-8 1-16-15 1-16-18 1-16-18a 1-16-20 1-65-1 1-66-1 1-66-2 1-66-3 1-67-1 1-67-2 1-67-3 1-68-1 1-68-2 Action Amended Amended Amended Amended Amended New New New New New New New New New Register V. 29, p. 676 V. 29, p. 677 V. 29, p. 677 V. 29, p. 678 V. 29, p. 680 V. 30, p. 44 V. 30, p. 44 V. 30, p. 45 V. 30, p. 45 V. 30, p. 45 V. 30, p. 45 V. 30, p. 45 V. 30, p. 45 V. 30, p. 46
AGENCY 3: KANSAS STATE TREASURER Reg. No. 3-3-2 3-3-2 Action Amended (T) Amended Register V. 29, p. 702 V. 30, p. 9
AGENCY 4: DEPARTMENT OF AGRICULTURE Reg. No. 4-3-47 4-3-47 4-3-48 4-3-50 4-7-213 4-7-716 4-10-1 4-10-1a 4-10-1b Action Amended (T) Amended Revoked Amended Amended Amended Amended New New Register V. 30, p. 25 V. 30, p. 411 V. 30, p. 411 V. 30, p. 411 V. 29, p. 1023 V. 29, p. 1023 V. 29, p. 254 V. 29, p. 255 V. 29, p. 255
(continued)
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4-10-2a through 4-10-2d 4-10-2e 4-10-2f through 4-10-2k 4-10-4 4-10-4a through 4-10-4f 4-10-5a 4-10-6 4-10-6a 4-10-6b 4-10-7 4-10-10 4-10-15 4-10-16 4-10-17 4-13-2 4-13-3 4-13-9 4-13-14 4-13-16 4-13-17 4-13-18 4-13-20 4-13-21 4-13-22 4-13-23 4-13-24 4-13-25 4-13-25b through 4-13-25h 4-13-25i 4-13-25j 4-13-25k 4-13-25l 4-13-25m 4-13-30 4-13-33 4-13-62 4-27-1 through 4-27-22 4-28-1 4-28-2 4-28-8 4-28-11 4-28-12 4-28-18 through 4-28-30
Kansas Register
Revoked Amended Revoked Revoked New Amended Revoked New New Amended New Revoked Amended Revoked Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked Amended Amended Amended Amended Revoked Amended Amended Amended New Amended Amended Amended New Amended Amended Amended Amended Amended New V. 29, p. 255 V. 29, p. 255 V. 29, p. 256 V. 29, p. 256 V. 29, p. 256-258 V. 29, p. 258 V. 29, p. 259 V. 29, p. 259 V. 29, p. 259 V. 29, p. 259 V. 29, p. 260 V. 29, p. 260 V. 29, p. 260 V. 29, p. 261 V. 29, p. 69 V. 29, p. 69 V. 29, p. 71 V. 29, p. 71 V. 29, p. 71 V. 29, p. 72 V. 29, p. 72 V. 29, p. 72 V. 29, p. 72 V. 29, p. 72 V. 29, p. 72 V. 29, p. 72 V. 29, p. 1242 V. 29, p. 1243-1245 V. 29, p. 1246 V. 29, p. 1246 V. 29, p. 1246 V. 29, p. 1247 V. 29, p. 1247 V. 29, p. 72 V. 29, p. 73 V. 29, p. 73 V. 29, p. 706-720 V. 29, p. 720 V. 29, p. 720 V. 29, p. 721 V. 29, p. 722 V. 29, p. 722 V. 29, p. 723-725 AGENCY 14: DEPARTMENT OF REVENUE DIVISION OF ALCOHOLIC BEVERAGE CONTROL 14-6-2a Revoked V. 29, p. 1306 14-6-3 Revoked V. 29, p. 1306 14-6-4 Amended V. 29, p. 1306 14-11-1 New V. 29, p. 1307 14-11-4 New V. 29, p. 1307 14-11-5 Amended V. 29, p. 1307 14-11-6 Amended V. 29, p. 1307 14-11-7 Amended V. 29, p. 1307 14-11-9 Amended V. 29, p. 1307 14-11-10a Revoked V. 29, p. 1307 14-11-10b Revoked V. 29, p. 1308 14-11-10d Revoked V. 29, p. 1308 14-11-11 Revoked V. 29, p. 1633 14-11-14 Revoked V. 29, p. 1308 14-11-15 Amended V. 29, p. 1308 14-11-16 Amended V. 29, p. 1308 14-11-22 New V. 29, p. 1633 14-11-23 through 14-11-29 New V. 29, P. 1308-1310 14-11-27 Revoked V. 29, p. 1730 14-16-25 New V. 29, p. 1310 14-19-27 Amended V. 29, p. 1310 14-19-38 New V. 29, p. 1311 14-19-39 New V. 29, p. 1311 14-20-29 Amended V. 29, p. 1311 14-20-40 New V. 29, p. 1312 14-20-41 New V. 29, p. 1312 14-21-12 Amended V. 29, p. 1313 14-21-21 New V. 29, p. 1313 14-21-22 New V. 29, p. 1313 14-23-2 Amended V. 29, p. 1314 14-23-5 Amended V. 29, p. 1314 14-23-8 Amended V. 29, p. 1314 14-23-10 Amended V. 29, p. 1315 14-24-1 through 14-24-6 Revoked V. 29, p. 1315 AGENCY 16: KANSAS ATTORNEY GENERAL Reg. No. 16-11-1 through 16-11-5 16-11-6 16-11-7 16-11-8 Action Register 28-1-31 28-1-32 28-4-92 28-4-92 28-4-370 through 28-4-379 28-4-503 28-4-505 28-4-514 28-4-520 28-4-521 28-4-1300 through 28-4-1318 28-16-28g 28-19-200a 28-19-202 28-19-325 28-19-350 28-19-517 28-19-645a 28-19-712 28-19-712a through 28-19-712d 28-19-713 28-19-713a through 28-19-713d 28-19-720 28-19-728 28-19-728a through 28-19-728f 28-19-735 28-19-750 28-19-750a 28-21-1 28-21-6 28-21-7 28-21-8 28-21-9 28-21-10 28-21-11 28-21-20a 28-21-21a 28-21-22a 28-21-23a 28-21-24a 28-21-25a 28-21-26a 28-21-27a 28-21-28a 28-21-29a 28-21-30a 28-21-31a 28-21-32a 28-21-33a 28-21-34a 28-21-35a 28-21-40a 28-21-41a 28-21-42a 28-21-43a 28-21-44a 28-21-50a 28-21-51a 28-21-52a 28-21-53a 28-21-54a 28-21-55a 28-21-56a 28-21-57a 28-21-58a 28-21-59a 28-21-60a 28-21-61a 28-21-62a 28-21-63 28-21-64 28-21-70a 28-21-71a 28-21-72a
New New Amended (T) Amended Revoked Amended Amended Amended New New New Amended New Amended New Amended Amended New (T) New New New New Amended Revoked Revoked Amended Amended Amended Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked V. 30, p. 370 V. 30, p. 370 V. 29, p. 1348 V. 29, p. 1705 V. 29, p. 1024 V. 29, p. 1662 V. 29, p. 1662 V. 29, p. 1663 V. 29, p. 1663 V. 29, p. 1663 V. 29, p. 1024-1032 V. 29, p. 181 V. 29, p. 1634 V. 29, p. 1509 V. 29, p. 1634 V. 29, p. 1635 V. 29, p. 1510 V. 30, p. 232 V. 29, p. 866 V. 29, p. 867 V. 29, p. 867 V. 29, p. 867, 868 V. 29, p. 1510 V. 29, p. 1511 V. 29, p. 1511 V. 29, p. 1511 V. 29, p. 1511 V. 29, p. 1511 V. 29, p. 725 V. 29, p. 725 V. 29, p. 725 V. 29, p. 725 V. 29, p. 725 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726
V. 29, p. 1813-1815 V. 29, p. 1816 V. 29, p. 1816 V. 29, p. 1816
AGENCY 28: DEPARTMENT OF HEALTH AND ENVIRONMENT Reg. No. 28-1-27 28-1-30 Action New New Register V. 30, p. 111 V. 30, p. 369
Vol. 30, No. 16, April 21, 2011
28-21-82 through 28-21-85 28-23-4 28-23-9 28-23-10 28-23-20 through 28-23-24 28-23-26 through 28-23-32 28-23-34 through 28-23-36 28-23-41 through 28-23-55 28-23-70 28-23-71 28-23-73 28-23-75 28-23-78 through 28-23-80 28-31-1 28-31-2 28-31-3 28-31-4 28-31-5 28-31-6 28-31-7 28-31-8 28-31-8b 28-31-9 28-31-10 28-31-12 28-31-13 28-31-14 28-31-15 28-31-16 28-31-100 28-31-100a 28-31-100d 28-31-100e 28-31-100f 28-31-100p 28-31-100q 28-31-100r 28-31-100s 28-31-124 28-31-124a 28-31-124b 28-31-124c 28-31-124d 28-31-124e 28-31-260 28-31-260a 28-31-261 28-31-261a 28-31-262 28-31-262a 28-31-263 28-31-263a 28-31-264 28-31-264a 28-31-265 28-31-265a 28-31-266 28-31-267 28-31-267a 28-31-268 28-31-270 28-31-270a 28-31-273 28-31-279 28-31-279a 28-35-135l 28-35-135t 28-35-135w 28-35-175a 28-35-178b 28-35-178e 28-35-178j 28-35-180b
Kansas Register
V. V. V. V. 29, 29, 29, 29, p. p. p. p. 726 726 726 726 28-35-181a 28-35-181e 28-35-181j 28-35-181m 28-35-181o 28-35-192b 28-35-192c 28-35-192d 28-35-192e 28-35-192g 28-35-194a 28-35-212a 28-35-216a 28-35-225b 28-35-231c 28-35-242 28-35-264 28-35-334 28-35-346 28-35-411 28-36-30 28-36-31 28-36-70 through 28-36-89 28-36-101 through 28-36-109 28-39-162 28-39-162a 28-39-162b 28-39-162c 28-43-1 through 28-43-11 28-46-1 28-46-2a 28-46-3 through 28-46-22 28-46-27 28-46-28 28-46-29 28-46-29a 28-46-30 28-46-30a 28-46-30b 28-46-31 28-46-33 28-46-34 28-46-35 28-46-40 28-46-41 28-46-44 28-46-45 28-61-1 28-61-2 28-61-3 28-61-4 28-61-5 28-61-8 28-72-1 28-72-1a 28-72-1c 28-72-1d 28-72-1e 28-72-1g 28-72-1h 28-72-1i 28-72-1k 28-72-1l 28-72-1m 28-72-1n 28-72-1o 28-72-1p 28-72-1r 28-72-1s 28-72-1t 28-72-1v 28-72-1x 28-72-2 28-72-3 28-72-4 28-72-4a 28-72-4b Amended Revoked Amended Amended Amended Amended Amended Revoked Amended Amended Amended Amended Amended New Amended Amended Amended Amended Amended Amended Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Amended Amended Amended Amended Amended Amended New Amended New New Amended Amended Amended Amended Amended Amended Amended New Amended Amended Amended Amended Amended Amended Revoked New New New New New New New New New New New New New New New New New New Amended Amended Amended Amended Revoked V. 30, p. 203 V. 30, p. 203 V. 30, p. 203 V. 30, p. 204 V. 30, p. 205 V. 30, p. 206 V. 30, p. 206 V. 30, p. 207 V. 30, p. 207 V. 30, p. 207 V. 30, p. 207 V. 30, p. 208 V. 30, p. 209 V. 30, p. 210 V. 30, p. 210 V. 30, p. 210 V. 30, P. 210 V. 30, p. 211 V. 30, p. 212 V. 30, p. 212 V. 29, p. 727 V. 29, p. 727 V. 29, p. 727 V. 29, p. 727 V. 29, p. 1777 V. 29, p. 1777 V. 29, p. 1777 V. 29, p. 1777 V. 29, p. 1137 V. 29, p. 1138 V. 29, p. 1138 V. 29, p. 1139-1141 V. 29, p. 1141 V. 29, p. 1141 V. 29, p. 1141 V. 29, p. 1142 V. 29, p. 1142 V. 29, p. 1142 V. 29, p. 1144 V. 29, p. 1144 V. 29, p. 1144 V. 29, p. 1145 V. 29, p. 1145 V. 29, p. 1145 V. 29, p. 1145 V. 29, p. 1145 V. 29, p. 1145 V. 29, p. 419 V. 30, p. 336 V. 30, p. 337 V. 30, p. 337 V. 29, p. 420 V. 29, p. 422 V. 29, p. 357 V. 29, p. 357 V. 29, p. 357 V. 29, p. 358 V. 29, p. 358 V. 29, p. 358 V. 29, p. 358 V. 29, p. 359 V. 29, p. 359 V. 29, p. 359 V. 29, p. 360 V. 29, p. 360 V. 29, p. 360 V. 29, p. 360 V. 29, p. 361 V. 29, p. 361 V. 29, p. 361 V. 29, p. 361 V. 29, p. 361 V. 29, p. 361 V. 29, p. 362 V. 29, p. 362 V. 29, p. 366 V. 29, p. 368 28-72-4c 28-72-5 28-72-6 28-72-6a 28-72-7 28-72-7a 28-72-8 28-72-9 28-72-10 28-72-10a 28-72-11 28-72-12 28-72-13 28-72-14 28-72-15 28-72-16 28-72-17 28-72-18 28-72-18a 28-72-18b 28-72-18c 28-72-18d 28-72-18e 28-72-19 28-72-20 28-72-21 28-72-22 28-72-51 28-72-52 28-72-53 Amended Amended Amended New Amended New Amended Amended Amended New Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended
465
V. 29, p. 368 V. 29, p. 369 V. 29, p. 370 V. 29, p. 371 V. 29, p. 373 V. 29, p. 373 V. 29, p. 374 V. 29, p. 375 V. 29, p. 376 V. 29, p. 377 V. 29, p. 378 V. 29, p. 378 V. 29, p. 379 V. 29, p. 379 V. 29, p. 380 V. 29, p. 380 V. 29, p. 381 V. 29, p. 382 V. 29, p. 383 V. 29, p. 384 V. 29, p. 384 V. 29, p. 385 V. 29, p. 386 V. 29, p. 387 V. 29, p. 387 V. 29, p. 387 V. 29, p. 388 V. 29, p. 388 V. 29, p. 389 V. 29, p. 389
Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Amended Revoked Amended Revoked Revoked Revoked Revoked Amended Amended Amended Revoked Revoked Revoked New New New New New New New New New New New New New New New New New New New New New New New New New New New New New New New New New New New New Amended Amended Amended Amended Amended Amended Amended Amended
V. 29, p. 727 V. 30, p. 414 V. 30, p. 414 V. 30, p. 414 V. 30, p. 414 V. 30, p. 415 V. 30, p. 415 V. 30, p. 415 V. 30, p. 415 V. 30, p. 415 V. 30, p. 415 V. 30, p. 415 V. 30, p. 416 V. 30, p. 417 V. 30, p. 417 V. 30, p. 417 V. 30, p. 417 V. 30, p. 417 V. 30, p. 418 V. 30, p. 418 V. 30, p. 419 V. 30, p. 420 V. 30, p. 420 V. 30, p. 420 V. 30, p. 420 V. 30, p. 421 V. 30, p. 422 V. 30, p. 423 V. 30, p. 423 V. 30, p. 423 V. 30, p. 424 V. 30, p. 424 V. 30, p. 425 V. 30, p. 426 V. 30, p. 426 V. 30, p. 427 V. 30, p. 427 V. 30, p. 427 V. 30, p. 428 V. 30, p. 429 V. 30, p. 429 V. 30, p. 431 V. 30, p. 432 V. 30, p. 433 V. 30, p. 433 V. 30, p. 434 V. 30, p. 434 V. 30, p. 434 V. 30, p. 434 V. 30, p. 435 V. 30, p. 436 V. 30, p. 436 V. 30, p. 437 V. 30, p. 195 V. 30, p. 196 V. 30, p. 197 V. 30, p. 198 V. 30, p. 198 V. 30, p. 200 V. 30, p. 201 V. 30, p. 201
New
V. 29, p. 675, 676
(continued)
Vol. 30, No. 16, April 21, 2011
466
AGENCY 50: DEPARTMENT OF LABOR DIVISION OF EMPLOYMENT Reg. No. 50-2-21a 50-2-21a Action New (T) New Register V. 29, p. 701 V. 29, p. 1214 82-4-21 82-4-22 82-4-23 82-4-24a 82-4-26 82-4-26a 82-4-27 82-4-27a 82-4-27c 82-4-27e 82-4-28 82-4-28a 82-4-28b 82-4-30a 82-4-30a 82-4-31 82-4-32 82-4-33 82-4-35 82-4-35a 82-4-37 82-4-40 82-4-42 82-4-48 82-4-48a 82-4-53 82-4-54 82-4-55 82-4-56a 82-4-57 82-4-58 82-4-62 82-4-63 82-4-65 82-4-77 82-16-1 through 82-16-6 82-17-1 through 82-17-5
Kansas Register
Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked Revoked Revoked Amended (T) Amended Revoked Amended Amended Amended Amended Revoked Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked Amended Amended Amended New New Action Amended Amended Amended Amended V. 29, p. 1446 V. 29, p. 1446 V. 29, p. 1447 V. 29, p. 1447 V. 29, p. 1447 V. 29, p. 1447 V. 29, p. 1447 V. 29, p. 1448 V. 29, p. 1448 V. 29, p. 1449 V. 29, p. 1449 V. 29, p. 1449 V. 29, p. 1449 V. 29, p. 702 V. 29, p. 1392 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1451 V. 29, p. 1451 V. 29, p. 1451 V. 29, p. 1452 V. 29, p. 1452 V. 29, p. 1452 V. 29, p. 1453 V. 29, p. 1453 V. 29, p. 1453 V. 29, p. 1453 V. 29, p. 1453 V. 29, p. 1454 V. 29, p. 1598-1601 V. 29, p. 1136, 1137 Register V. 29, p. 1415 V. 30, p. 193 V. 29, p. 408 V. 30, p. 194 Reg. No. 97-7-1 through 97-7-6
Agency 97: COMMISSION ON VETERANS AFFAIRS Action Register
New
V. 29, p. 252-254
AGENCY 99: DEPARTMENT OF AGRICULTUREDIVISION OF WEIGHTS AND MEASURES Reg. No. 99-25-1 99-25-5 99-25-12 Reg. No. 100-11-1 100-29-1 100-49-4 100-55-1 100-55-7 100-69-12 100-72-2 100-73-2 Action Amended Amended New Action Amended Amended Amended Amended Amended New Amended Amended Register V. 29, p. 1242 V. 29, p. 1242 V. 29, p. 1242 Register V. 29, p. 650 V. 29, p. 598 V. 29, p. 651 V. 29, p. 704 V. 29, p. 651 V. 29, p. 704 V. 29, p. 705 V. 29, p. 598
AGENCY 66: BOARD OF TECHNICAL PROFESSIONS Reg. No. 66-8-6 66-10-1 66-12-1 66-14-10 Reg. No. 68-1-1b 68-7-11 68-7-21 68-20-10a 68-20-24 68-20-25 68-20-26 68-20-27 68-21-1 through 68-21-7 68-21-2 Reg. No. 71-5-1 through 71-5-6 71-5-7 through 71-5-13 Reg. No. 74-4-8 74-4-9 74-5-2 74-5-101 74-5-202 74-5-203 74-6-2 74-11-6 74-11-7 74-12-1 74-15-2 Action Amended Amended Amended Amended Action Amended Amended New Amended New (T) New (T) New (T) New (T) New Amended Action Register V. 29, p. 794 V. 29, p. 794 V. 29, p. 794 V. 29, p. 794 Register V. 29, p. 465 V. 29, p. 1053 V. 29, p. 465 V. 29, p. 466 V. 30, p. 357 V. 30, p. 357 V. 30, p. 357 V. 30, p. 357 V. 29, p. 1417-1420 V. 30, p. 370 Register
AGENCY 105: BOARD OF INDIGENTS DEFENSE SERVICES Reg. No. 105-4-1 105-4-1 105-5-2 105-5-2 105-5-3 105-5-3 105-5-6 105-5-6 105-5-7 105-5-7 105-5-8 105-5-8 105-11-1 105-11-1 Action Amended (T) Amended Amended (T) Amended Amended (T) Amended Amended (T) Amended Amended (T) Amended Amended (T) Amended Amended (T) Amended Register V. V. V. V. V. V. V. V. V. V. V. V. V. V. 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, p. p. p. p. p. p. p. p. p. p. p. p. p. p. 1338 1506 1339 1506 1339 1506 1339 1506 1339 1507 1340 1507 1340 1507
AGENCY 109: BOARD OF EMERGENCY MEDICAL SERVICES Reg. No. 109-1-1a 109-5-1 109-5-1a 109-5-1b 109-5-1d 109-5-1e 109-5-1f 109-5-3 109-5-4 109-5-7a 109-5-7b 109-5-7d 109-6-1 109-6-2 109-8-1 109-10-1a 109-10-1b 109-10-1d 109-10-1e 109-10-1f Action New (T) Amended (T) New (T) New (T) New (T) New (T) New (T) Amended Revoked New (T) New (T) New (T) Amended Amended Amended (T) New (T) New (T) New (T) New (T) New (T) Register V. 30, p. 138 V. 30, p. 138 V. 30, p. 139 V. 30, p. 139 V. 30, p. 139 V. 30, p. 139 V. 30, p. 139 V. 29, p. 1282 V. 29, p. 113 V. 30, p. 139 V. 30, p. 140 V. 30, p. 141 V. 29, p. 113 V. 29, p. 113 V. 30, p. 141 V. 30, p. 141 V. 30, p. 142 V. 30, p. 142 V. 30, p. 142 V. 30, p. 142
AGENCY 82: STATE CORPORATION COMMISSION Reg. No. 82-1-219 82-3-101a 82-3-311a 82-3-1100 through 82-3-1120 82-4-2 82-4-3a 82-4-3d 82-4-3f 82-4-3n 82-4-3o 82-4-6a 82-4-8h Action Amended New New New Amended Amended Amended Amended New New Amended Amended Register V. 29, p. 1099 V. 29, p. 1508 V. 29, p. 181 V. 29, p. 182-190 V. 29, p. 1443 V. 29, p. 1443 V. 29, p. 1444 V. 29, p. 1390 V. 29, p. 1444 V. 29, p. 1445 V. 29, p. 1446 V. 29, p. 1446
Revoked New
V. 29, p. 1478, 1479 V. 29, p. 1479-1485
Vol. 30, No. 16, April 21, 2011
109-10-1g 109-10-6 109-10-7 109-11-1 109-11-1a 109-11-3 109-11-3a 109-11-4 109-11-6 109-11-6a 109-15-2 Reg. No. 110-4-1 through 110-4-5 110-21-1 through 110-21-5 New (T) Amended (T) New Amended New (T) Amended New (T) Amended Amended New (T) Amended Action V. 30, p. 142 V. 30, p. 143 V. 29, p. 113 V. 29, p. 1283 V. 30, p. 143 V. 29, p. 1284 V. 30, p. 144 V. 29, p. 1284 V. 29, p. 1285 V. 30, p. 144 V. 29, p. 1285 Register
Kansas Register
111-4-2949 through 111-4-2984 111-4-2985 through 111-4-2988 111-4-2989 111-4-2990 111-4-2991 111-4-2992 through 111-4-3011 111-4-3012 through 111-4-3022 111-4-3023 through 111-4-3027 111-4-3028 through 111-4-3031 111-4-3032 through 111-4-3045 111-4-3046 through 111-4-3054 111-5-175 through 111-5-179 111-5-180 through 111-5-194 111-5-181 111-5-184 111-5-186 111-5-194 111-7-243 through 111-7-248 111-9-162 111-9-163 111-9-164 111-9-165 111-9-166 111-9-167 111-9-168 111-9-169 111-9-170 111-15-1 111-15-3 111-201-1 through 111-201-17 111-301-1 through 111-301-6 111-301-7 through 111-301-12 111-301-13 through 111-301-20 111-302-1 through 111-302-6 111-302-4 111-303-1 through 111-303-5 111-304-1 through 111-304-6 111-305-1 through 111-305-6 111-306-1 through 111-306-6 111-306-4 111-306-6 111-307-1 through 111-307-7 New New New New New New New New New New New New New Amended Amended Amended Amended New New New New New New New New New New Amended Amended New New New New New Amended New New New New Amended Amended New V. 29, p. 746-769 V. 29, p. 1180-1183 V. 29, p. 1216 V. 29, p. 1217 V. 29, p. 1218 V. 29, p. 1248-1259 V. 29, p. 1513-1522 V. 30, p. 234-237 V. 30, p. 241-243 V. 30, p. 249-258 V. 30, p. 358-364 V. 29, p. 157-159 V. 29, p. 222-228 V. 29, p. 1522 V. 29, p. 1523 V. 29, p. 1524 V. 29, p. 1525 V. 30, p. 259, 260 V. 29, p. 229 V. 29, p. 229 V. 29, p. 230 V. 29, p. 769 V. 29, p. 1184 V. 29, p. 1526 V. 29, p. 1526 V. 29, p. 1527 V. 30, p. 261 V. 30, p. 238 V. 30, p. 365 V. 29, p. 73-79 V. 29, p. 79, 80 V. 30, p. 244-248 V. 30, p. 366-368 V. 29, p. 82-86 V. 30, p. 249 V. 29, p. 87-89 V. 29, p. 89-91 V. 29, p. 474, 475 V. 29, p. 1185-1187 V. 29, p.1260 V. 29, p. 1219 V. 29, p. 1189-1191 111-308-1 through 111-308-7 111-309-1 through 111-309-6 111-310-1 through 111-310-6 111-311-1 through 111-311-7 111-312-1 through 111-312-8 111-312-6 111-312-8 New New New New New Amended Amended
467
V. 29, p. 1261-1263 V. 29, p. 1528-1530 V. 29, p. 1530-1532 V. 29, p. 1532-1535 V. 30, p. 239, 240 V. 30, p. 368 V. 30, p. 368
Amended New
V. 30, p. 25-27 V. 30, p. 411-413
AGENCY 112: RACING AND GAMING COMMISSION Reg. No. 112-101-6 112-102-8 112-103-2 112-103-4 112-103-5 112-103-8 112-103-15 112-104-1 112-104-8 112-104-13 112-104-14 112-104-15 112-104-16 112-104-32 112-105-1 112-105-2 112-105-3 112-106-1 112-106-2 112-106-5 112-106-6 112-107-3 112-107-5 112-107-10 112-107-21 112-107-22 112-108-18 112-108-36 112-108-55 112-110-3 112-112-1 112-112-3 112-112-4 112-112-7 112-112-9 Action Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Register V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. 30, 30, 30, 30, 30, 30, 30, 30, 30, 30, 30, 30, 30, 30, 30, 30, 30, 30, 30, 30, 30, 30, 30, 30, 30, 30, 30, 30, 30, 30, 30, 30, 30, 30, 30, p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. 290 290 291 292 292 292 292 293 294 295 297 297 298 300 301 301 301 301 303 303 304 304 307 308 309 310 311 312 313 313 314 314 314 315 315
AGENCY 111: KANSAS LOTTERY A complete index listing all regulations filed by the Kansas Lottery from 1988 through 2000 can be found in the Vol. 19, No. 52, December 28, 2000 Kansas Register. A list of regulations filed from 2001 through 2003 can be found in the Vol. 22, No. 52, December 25, 2003 Kansas Register. A list of regulations filed from 2004 through 2005 can be found in the Vol. 24, No. 52, December 29, 2005 Kansas Register. A list of regulations filed from 2006 through 2007 can be found in the Vol. 26, No. 52, December 27, 2007 Kansas Register. A list of regulations filed from 2008 through November 2009 can be found in the Vol. 28, No. 53, December 31, 2009 Kansas Register. The following regulations were filed after December 1, 2009: Reg. No. 111-2-30 111-2-230 111-2-231 111-2-232 111-2-233 111-2-234 111-2-235 through 111-2-240 111-2-241 111-2-242 111-2-243 through 111-2-248 111-2-247 111-2-248 111-2-249 through 111-2-252 111-2-249 111-2-253 111-2-254 111-2-255 111-4-2899 through 111-4-2907 111-4-2908 through 111-4-2911 111-4-2911a 111-4-2912 through 111-4-2923 111-4-2924 through 111-4-2930 111-4-2931 through 111-4-2938 111-4-2939 through 111-4-2948 111-4-2949 through 111-4-2984 Action Amended Amended Amended Amended Amended New New New New New Amended Amended New Amended New New Amended New New New New New New New New Register V. 29, p. 215 V. 30, p. 232 V. 30, p. 233 V. 29, p. 215 V. 29, p. 215 V. 29, p. 746 V. 29, p. 1214, 1215 V. 29, p. 1247 V. 29, p. 1247 V. 29, p. 1512, 1513 V. 30, p. 233 V. 30, p. 233 V. 30, p. 233, 234 V. 30, p. 357 V. 30, p. 241 V. 30, p. 241 V. 30, p. 358 V. 29, p. 9-14 V. 29, p. 149-152 V. 29, p. 152 V. 29, p. 153-157 V. 29, p. 216-222 V. 29, p. 467-473 V. 29, p. 569-575 V. 29, p. 746-769
AGENCY 117: REAL ESTATE APPRAISAL BOARD Reg. No. 117-2-1 117-2-2 Action Amended Amended Register V. 29, p. 412 V. 29, p. 413
(continued)
Vol. 30, No. 16, April 21, 2011
468
117-3-1 117-3-2 117-4-1 117-4-2 117-6-1 117-6-3 117-7-1 117-8-1 Amended Amended Amended Amended Amended Amended Amended Amended V. 29, p. 414 V. 29, p. 415 V. 29, p. 416 V. 29, p. 417 V. 29, p. 656 V. 29, p. 656 V. 30, p. 92 V. 29, p. 418
Kansas Register
AGENCY 129: KANSAS HEALTH POLICY AUTHORITY Reg. No. 129-5-118 129-5-118a 129-5-118b 129-10-31 Action Amended New Amended New Register V. 29, p. 293 V. 29, p. 294 V. 29, p. 296 V. 30, p. 92 130-3-1 130-4-1 130-4-1 130-4-2 130-4-2 130-5-2
New New (T) New New (T) New New V. 29, p. 568 V. 29, p. 39 V. 29, p. 794 V. 29, p. 39 V. 29, p. 794 V. 29, p. 569
AGENCY 121: DEPARTMENT OF CREDIT UNIONS Reg. No. Action Register 121-10-1 Amended V. 29, p. 675 AGENCY 123: JUVENILE JUSTICE AUTHORITY Reg. No. Action Register 123-2-111 New (T) V. 29, p. 1115 123-2-111 New V. 29, p. 1415
AGENCY 130: HOME INSPECTORS REGISTRATION BOARD Reg. No. 130-1-2 130-1-2 130-1-3 130-1-3 130-1-4 130-3-1 Action New (T) New New (T) New Amended New (T) Register V. 29, p. 38 V. 29, p. 567 V. 29, p. 38 V. 29, p. 567 V. 29, p. 567 V. 29, p. 38
Vol. 30, No. 16, April 21, 2011
Kansas Register
In this issue . . .
Page
Social and Rehabilitation Services, Kansas Department on Aging and Kansas Health Policy Authority Notice of intent to publish proposed nursing facility Medicaid rates ............................................. 472 Social and Rehabilitation Services Notice of meetings on the Child Care and Development Fund State Plan ...................................... 473 Kansas Water Authority Notice of meetings...................................................................................................................... 473 USDANatural Resources Conservation Service Notice of Kansas Technical Committee meeting ........................................................................... 473 Pooled Money Investment Board Notice of investment rates........................................................................................................... 473 Advisory Committee on Trauma Notice of meeting ....................................................................................................................... 474 City of Liberal Notice of proposed DBE Program................................................................................................ 474 Kansas Department of Transportation Notice to contractors................................................................................................................... 474 Governmental Ethics Commission Opinion No. 2011-03 ................................................................................................................... 475 City of Atchison Notice of intent to seek private placement of general obligation bonds.......................................... 477 State Conservation Commission Notice to contractors................................................................................................................... 477 Department of AdministrationDivision of Purchases Notice to bidders for state purchases ........................................................................................... 477 Kansas Board of Regents Universities Notice to bidders ........................................................................................................................ 478 Department of Health and Environment Notice concerning water pollution control permits/applications .................................................... 478 New State Laws Senate Bill 210, providing for assessments on providers of home and community-based services developmental disability waiver program ................................................................... 479 House Bill 2118, concerning crimes, criminal procedure and punishment; relating to supervision fees for appearance bonds.................................................................................... 481 Senate Bill 80, concerning alcoholic beverages............................................................................. 487 Substitute for House Bill 2134, concerning workers compensation ............................................... 489 Index to administrative regulations ................................................................................................ 505
472
State of Kansas
Kansas Register
Social and Rehabilitation Services Department on Aging Kansas Health Policy Authority
Notice
Notice of Intent to Publish Proposed Nursing Facility Medicaid Rates, Notice of Intent to Amend the Medicaid State Plan; Request for Written Comments; and Notice of Intent to Publish Final Rates The Kansas Secretary of Aging and the Kansas Secretary of Social and Rehabilitation Services (SRS) are hereby providing public notice that they intend to publish proposed Medicaid nursing facility rates for fiscal year 2012, the methodology underlying the establishment of those rates, and the justifications for those rates in the May 5, 2011 edition of the Kansas Register, the official state paper. Copies of the methodology and the rate justifications are available to the public and may be obtained via the Kansas Department on Aging Web site at www.aging kansas.org. Copies also may be acquired by making a written request for the same to: Secretary of Aging, Attention: Karla Werth, New England Building, 2nd Floor,
503 S. Kansas Ave., Topeka, 66603-3404. The state will charge a fee for the requested copies and mailing pursuant to K.S.A. 45-2219. The state intends to submit proposed Medicaid State Plan amendments to CMS on or before September 30, 2011. The state invites nursing facility service providers, Medicaid beneficiaries and their representatives and other concerned Kansas residents to review the proposed rates, the underlying methodology and the rate justifications, and submit any comments on them, in writing, to the address above before the close of business May 27. The state intends to publish final nursing facility rates June 23, 2011. Sean Sullivan Secretary of Aging Rod Siedlecki Secretary of Social and Rehabilitation Services Dr. Andrew Allison KHPA Executive Director
Doc. No. 039362
Vol. 30, No. 17, April 28, 2011
Meetings/Notice
State of Kansas
Kansas Register
State of Kansas
473 Kansas Water Authority

Notice of Meetings The Kansas Department of Social and Rehabilitation Services is preparing the Child Care and Development Fund (CCDF) State Plan for 2012-2013. CCDF supports the Child Care Subsidy Program (financial assistance to low-income families) as well as early learning quality initiatives such as child care provider professional development, child care resource and referral, and regulation and licensure of child care facilities. SRS is hosting two public meetings to solicit stakeholder input from 7 to 8:30 p.m. Tuesday, May 17, and from 1 to 2:30 p.m. Wednesday, May 18, at the SRS Learning Center, 2600 S.W. East Circle Drive South, Topeka. Individuals unable to travel to Topeka can participate in the meeting via teleconference from one of the sites listed below: Atchison SRS Kansas City SRS 410 Commercial 402 State Ave. 913-367-5345 913-279-7000 Chanute SRS Lawrence SRS 1500 W. 7th 1901 Delaware 620-431-5000 785-832-3700 Dodge City SRS Manhattan SRS 1509 Ave. P 2709 Amherst 620-227-8508 785-776-4011 El Dorado SRS Overland Park SRS 410 N. Haverhill Road 8915 Lenexa Drive 620-321-4200, x267 913-826-7300 Garden City SRS Pittsburg SRS 1710 Palace Drive 320 S. Broadway 620-272-5800 620-231-5300 Great Bend SRS Salina SRS 1305 Patton Road 901 Westchester 620-792-5324 785-826-8000 Hays SRS Wichita SRS 3000 Broadway 230 E. William 785-628-1066 316-337-7000 Hutchinson SRS 600 Andrew 620-663-2731, x303 The draft plan will be available to review and download at www.srs.ks.gov. Comments may be submitted by mail to SRS EES, Suite 580, Docking State Office Building, 915 S.W. Harrison, Topeka, 66612, Attention: Sally Paige Kahle, or via e-mail to SallyPaige.Kahle@srs.ks.gov (please identify in the subject line: CCDF State Plan Comments). Comments will be accepted through May 25. For additional information, contact Sally Paige Kahle at (785) 296-5019 or e-mail at SallyPaige.Kahle@ srs.ks.gov. Robert Siedlecki Secretary of Social and Rehabilitation Services
Doc. No. 039349
Notice of Meetings The Kansas Water Authority will meet at 1 p.m. Wednesday, May 18, and at 8:30 a.m. Thursday, May 19, at the Graham County 4-H Building in Hill City. The agenda and meeting materials will be posted on the Kansas Water Office Web site, www.kwo.org, or copies may be requested by contacting the Kansas Water Office, 901 S. Kansas Ave., Topeka, 66612-1249, (785) 296-3185 or (888) 526-9283 (KAN-WATER). Persons needing special accommodations are asked to notify the Kansas Water Office at least two days prior to the meeting date. Steve Irsik Chairman
Doc. No. 039350

Notice of Kansas Technical Committee Meeting The Kansas Technical Committee will meet from 9 a.m. to 3 p.m. Tuesday, May 17, at the NRCS Conference Center, 747 S. Duvall, Salina. The agenda will cover the KTC state resource assessments, conservation planning and payment schedules. State resource assessments will be reviewed and input solicited regarding state resource priorities. Conservation planning and the payment schedule will be covered to provide members a better understanding of NRCS policy and procedures. Other agenda items or requests for special assistance to attend the meeting may be directed to Gaye L. Benfer, Assistant State Conservationist for Programs, NRCS, at (785) 823-4569 or gaye.benfer@ks.usda.gov. NRCS is an equal opportunity provider and employer. Eric B. Banks State Conservationist
Doc. No. 039347
State of Kansas

Doc. No. 039346
Vol. 30, No. 17, April 28, 2011
474
State of Kansas
Kansas Register
Advisory Committee on Trauma
Notice of Meeting
Notices
The Advisory Committee on Trauma will meet from 10 a.m. to 3 p.m. Wednesday, May 11, at the Kansas Medical Society, 623 S.W. 10th Ave., Topeka. Robert Moser, M.D. Secretary of Health and Environment
Doc. No. 039354
City of Liberal, Kansas

Notice of Proposed DBE Program The city of Liberal has established a Disadvantaged Business Enterprise (DBE) Program in accordance with regulations of the U.S. Department of Transportation, 49 CFR Part 26, for FFA funding at the Liberal Mid-America Regional Airport. The city anticipates receiving federal financial assistance from the Department of Transportation and, as a condition of receiving this assistance, the city will sign an assurance that it will comply with 49 CFR Part 26. The citys overall project-specific goal for FY 2011 is 1.28 percent of the federal financial assistance. The proposed DBE Program is available for public inspection and comment at the office of the city of Liberal, City Hall. The city will accept comments on the goals for 30 days from the date of this notice. Comments can be sent to Debra S. Giskie, Airport Manager, City of Liberal, P.O. Box 2199, Liberal, 67905-2199. Debra Giskie City Clerk/Airport Manager
Doc. No. 039356
Johnson46-35 KA-2348-01 I-35 beginning at the Johnson-Miami county line, mile marker 201.9 to mile marker 213; I-35 beginning at mile marker 213 to mile marker 216, pavement patching, 14.3 miles. (State Funds) Johnson69-46 K-8251-08 U.S. 69 from 119th Street north to I-35 and I-35 north to 75th Street, grading, bridge and surfacing, 3 miles. (Federal Funds) Johnson35-46 KA-2317-01 Spray patch and overlay on I-35 in Johnson County, 2.7 miles (State Funds) Marshall58 C-4369-01 County road from 2 miles east of Marysville then north, surfacing. (State Funds) Shawnee470-89 KA-1627-01 I-470 bridge at the junction of 10th Street, bridge repair. (State Funds) Shawnee75-89 KA-1628-01 U.S. 75, 0.5 mile north of the east junction of I-70, bridge repair. (State Funds) ShawneeKA-2199-01 Mudjacking at various locations in District One. (State Funds) Wyandotte105 C-4385-01 Donahoo Road from K7 to 131st Street, grade and surfacing, 1 mile. (State Funds) Wyandotte105 C-4589-01 U.S. 73 and Donahoo Road intersection, grading and surfacing, 0.3 mile. (Federal Funds) District Two Northcentral Cloud24-15 KA-1589-01 Two U.S. 24 bridges located east of the Mitchell County line and east of U.S. 81, bridge repair. (State Funds) Dickinson-Geary18-106 KA-2333-01 K-18 in Dickinson County beginning at the K-15 east junction east to the Dickinson-Geary county line; K-18 in Geary County beginning at the Dickinson-Geary county line east to the junction of U.S. 77, crack repair, 14.2 miles. (State Funds) Washington-Jewell106 KA-2330-01 U.S. 36 in Jewell County beginning at the west junction of K-128 to 4.4 miles east of the K-128 east junction; U.S. 36 in Washington County beginning at the Republic-Washington county line east to the east city limits of Washington; K22 in Washington County beginning at the junction of U.S. 36 north to Haddam, crack repair, 6.7 miles. (State Funds) District Three Northwest Sherman91 C-4506-01 County bridge 15 miles north and 5.4 miles west of Goodland, bridge repair, 0.2 mile. (Federal Funds) Rawlins36-106 KA-2340-01 Pavement markings in Atwood, Goodland, Norton, Oakley and Oberlin, 3.2 miles. (Federal Funds) District Four Southeast Anderson2 C-4126-01 County road 0.5 mile south and 3.7 miles east of Garnett, grading, bridge and surfacing, 0.1 mile. (State Funds) Crawford19 U-2000-01 Atkinson Road over Cow Creek in Pittsburg, grading and bridge, 0.1 mile. (Federal Funds) Montgomery63 KA-2179-01 South Kansas Oklahoma Railroad Cherryvale-Tulsa, railroad improvement. (Federal Funds) Neosho67 KA-0840-01 Elk Road from 49th Street north to 35th Street south of Chanute, grading and surfacing, 0.8 mile. (State Funds)
State of Kansas
Notice to Contractors Sealed proposals for the construction of road and bridge work in the following Kansas counties will be received at the Bureau of Construction and Maintenance, KDOT, Topeka, or at the Eisenhower State Office Building, fourth floor west wing, 700 S.W. Harrison, Topeka, until 1 p.m. May 18 and then publicly opened: District One Northeast Atchison159-3 KA-1582-01 U.S. 159 bridge 0.8 mile north of the west junction of K-9, bridge repair. (State Funds) Brown73-7 KA-1306-01 U.S. 73 bridges 0.4 mile east of the junction of U.S. 159 and 4 miles north of the west junction of K-20, bridge repair, 0.1 mile. (State Funds) Jefferson59-44 KA-2343-01 U.S. 59 beginning at the U.S. 24 junction north to the junction of K-4, milling and overlay, 24.9 miles. (State Funds)
Vol. 30, No. 17, April 28, 2011
Notice/GEC Opinion
Kansas Register
State of Kansas
475
Neosho-Wilson106 KA-2177-01 South Kansas Oklahoma Railroad in Neodesha and Chanute, railroad improvements. (Federal Funds) District Five Southcentral Barber160-004 KA-1583-01 Three U.S. 160 bridges located east of the east junction of U.S. 281, bridge repair. (State Funds) Butler8 N-0475-01 21st Street north from 159th Street to 1,000 feet east of Andover Road, grading and surfacing, 1.1 miles. (Federal Funds) Butler8 C-4548-01 County road 3 miles east and 0.7 mile north of El Dorado, grading, bridge and surfacing, 0.2 mile. (State Funds) Rice56-80 KA-1618-01 U.S. 56 bridge located 1.4 miles east of K-46, bridge repair. (State Funds) Rush96-83 KA-1319-01 K-96 bridges 10.2 miles and 11.9 miles east of the Ness County line, bridge repair. (State Funds) Sedgwick96-87 KA-2284-01 K-96 in Sedgwick County, slide repair. (State Funds) Sedgwick96-87 KA-2338-01 K-96 in Sedgwick County, 6.5 miles, seal. (State Funds) Sedgwick235-87 KA-2345-01 From the south end of I-235 north 15.6 miles to the Broadway Bridge, pavement patching. 15.6 miles. (State Funds) District Six Southwest Scott83-86 KA-2344-01 U.S. 83 from Scott City north to the Scott-Logan county line, crack repair, 14.4 miles. (State Funds) Proposals will be issued upon request to all prospective bidders who have been prequalified by the Kansas Department of Transportation on the basis of financial condition, available construction equipment and experience. Also, a statement of unearned contracts (Form No. 284) must be filed. There will be no discrimination against anyone because of race, age, religion, color, sex, handicap or national origin in the award of contracts. Each bidder shall file a sworn statement executed by or on behalf of the person, firm, association or corporation submitting the bid, certifying that such person, firm, association or corporation has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the submitted bid. This sworn statement shall be in the form of an affidavit executed and sworn to by the bidder before a person who is authorized by the laws of the state to administer oaths. The required form of affidavit will be provided by the state to each prospective bidder. Failure to submit the sworn statement as part of the bid approval package will make the bid nonresponsive and not eligible for award consideration. Plans and specifications for the projects may be examined at the office of the respective county clerk or at the KDOT district office responsible for the work. Deb Miller Secretary of Transportation
Doc. No. 039336

Opinion No. 2011-3 Written April 14, 2011, to Sen. Julia Lynn, Senate District 9, Olathe. This opinion is in response to your letter received April 4, 2011, requesting an opinion from the Kansas Governmental Ethics Commission concerning state level conflict of interest laws, K.S.A. 46-215 et seq. We note at the outset that the Commissions jurisdiction concerning your question is limited to the application of K.S.A. 46-215 et seq., and whether some other statutory system, common law theory or agency rule or regulation applies to your inquiry is not covered by this opinion. Factual Statement: You request this opinion in your capacity as an elected State Senator and business owner. Your company, Lynn Communications is being considered for a contract to perform development functions for a 501(c) (3) organization, the Kansas Policy Institute. The Kansas Policy Institute for whom you would potentially work is an independent think tank that advocates for free market economic solutions and the protection of personal freedom for all Kansans. This work centers on state and local economic policy with primary emphasis on education, fiscal policy and health care. The organization empowers citizens, legislators and other government officials with objective research and creative ideas to promote a low-tax, pro-growth environment that preserves the ability of governments to provide high quality services. Your companys role with the organization would be to:
Develop and manage the fund-raising strategy including goal setting Work closely with the president of the think-tank to implement the fundraising strategy Cultivate donor relationships through in-person visits, phone calls and correspondence Plan and coordinate donor events and other special events Write, submit and manage grant proposals Maintain donor database with current information on all donors and prospects, including gifts Perform donor research, including identifying donor prospects Provide consulting on the possibility of a planned giving program Oversee the development and execution of solicitation campaigns, including direct mail
In a telephone conversation, you informed the Commission that the nonprofit organization does have a lobbying presence in Kansas and has a registered lobbyist. Your companys role would be limited to development functions for the organization, not lobbying or appearing as an advocate before the legislature for the organization.
(continued)
Vol. 30, No. 17, April 28, 2011
476
Kansas Register
GEC Opinion
Question: As a state legislator is it possible for your company to contract with the Kansas Policy Institute to perform development functions? Opinion: K.S.A. 46-236 states in pertinent part:
No state officer . . . shall solicit any economic opportunity, gift, . . . or service from any person known to have a special interest, under circumstances where such officer . . . knows or should know that a major purpose of the donor in granting the same could be to influence the performance of the official duties . . . of such officer . . . . Except when a particular course of official action is to be followed as a condition thereon, this section shall not apply to: (1) Any contribution reported in compliance with the campaign finance act; (2) a commercially reasonable loan or other commercial transaction in the ordinary course of business; (3) any solicitation for the benefit of any charitable organization which is required to file a registration statement with the secretary of state pursuant to K.S.A. 17-1761, and amendments thereto, or which is exempted from filing such statement pursuant to K.S.A. 17-1762, and amendments thereto, or for the benefit of any educational institution or such institutions endowment association, if such association has qualified as a nonprofit organization under paragraph (3) of subsection (c) of section 501 of the internal revenue code of 1986, as amended; (4) any solicitation for the benefit of any national nonprofit, nonpartisan organization established for the purpose of serving, informing, educating and strengthening state legislatures in all states of the nation; or (5) any solicitation for the benefit of any national, nonprofit organization established for the purpose of serving, informing and educating elected executive branch officials in all states of the nation.
tunity, . . . or service having an aggregate value of $40 or more in any calendar year . . . from any one person known to have a special interest, under circumstances where such person knows or should know that a major purpose of the donor is to influence such person in the performance of their official duties or prospective official duties. ... (e) Except when a particular course of official action is to be followed as a condition thereon, this section shall not apply to . . . a . . . commercial transaction in the ordinary course of business.
K.S.A. 46-217 defines economic opportunity in pertinent part as follows:

[A]ny . . . contract . . . involving . . . services wherein a state officer . . . may gain a personal economic benefit, but not including any gift.
Therefore, pursuant to K.S.A. 46-237 (e), if the proposed contract would be considered as part of the ordinary course of business for Lynn Communications and the contract is not being awarded to Lynn Communications conditioned upon action to be taken by you as a State Senator, you would not be prohibited from entering into the contract with the Kansas Policy Institute. Alternatively, if the contract would not be considered to be in the ordinary course of business for Lynn Communications, pursuant to K.S.A. 46-237 (a) you would be prohibited from entering into a contract with the Kansas Policy Institute under circumstances where you know or should know that a major purpose of the Kansas Policy Institute in entering into the contract is to influence your performance of your official duties as a State Senator. Finally, K.S.A. 46-241 would also apply which states:
No state officer or employee shall disclose or use confidential information acquired in the course of his or her official duties in order to further his or her own economic interest or those of any other person.
K.A.R. 19-40-3a (b) defines gift in pertinent part as follows:

[T]he transfer of money or anything of value unless legal consideration of a reasonably equal or greater value is received in return.
K.S.A. 46-228 defines special interest as follows:

[A]n interest of any person as herein defined (1) concerning action or non-action by the legislature on any legislative matter affecting such person as distinct from affect upon the people of the state as a whole, or (2) in the action or non-action of any state agency or state officer or employee upon any matter affecting such person as distinct from affect upon the people of the state as a whole.
Your description of duties to be performed includes contacting people to make donations to the Kansas Policy Institute. A contribution would be considered a gift pursuant to K.A.R. 19-40-3a (b). Your solicitation of contributions to the Kansas Policy Institute does not appear to meet any of the exceptions listed in K.S.A. 46-236. Therefore, pursuant to K.S.A. 46-236, you would be prohibited from soliciting any contributions for the Kansas Policy Institute from any person known to have a special interest, under circumstances where you know or should know that a major purpose of the donor in making the contribution could be to influence your performance of your official duties as a State Senator. K.S.A. 46-237 also applies and states in pertinent part:
(a) Except as provided by this section, no state officer . . . shall accept, or agree to accept any (1) economic oppor Kansas Secretary of State 2011
This section is self-explanatory. Confidential information obtained during your official duties with the State may not be used for your financial gain or the financial gain of another. In summary, you would not be prohibited from contracting with the Kansas Policy Institute to perform development functions pursuant to K.S.A. 46-237 if (i) the proposed contract would be considered as part of the ordinary course of business for Lynn Communications and the contract is not being awarded to Lynn Communications conditioned upon action to be taken by you as a State Senator or (ii) a major purpose of the Kansas Policy Institute in entering into the contract is not to influence your performance of your official duties as a State Senator. In addition, pursuant to K.S.A. 46-236, you would be prohibited from soliciting any contributions for the Kansas Policy Institute from any person known to have a special interest, under circumstances where you know or should know that a major purpose of the donor in making the contribution could be to influence your performance of your official duties as a State Senator. Sabrina K. Standifer Chairwoman
Doc. No. 039348
Vol. 30, No. 17, April 28, 2011
Notices
Kansas Register
City of Atchison, Kansas
477
Notice of Intent to Seek Private Placement General Obligation Bonds, Series 2011-A Notice is hereby given that the city of Atchison, Kansas (the issuer), proposes to seek a private placement of the above-referenced bonds. The maximum aggregate principal amount of the bonds shall not exceed $1,890,000. The proposed sale of the bonds is in all respects subject to approval of a bond purchase agreement between the issuer and the purchaser of the bonds and the passage of an ordinance and adoption of a resolution by the governing body of the issuer authorizing the issuance of the bonds and the execution of various documents necessary to deliver the bonds. Dated April 18, 2011. Mandy Cawby Finance Director
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Rogers, Manager, Wet Walnut Creek WJD No. 58, at the address above or by calling (785) 222-2812 (O) or (785) 222-6180 (C). Site Visit A site visit will be at 1:30 p.m. June 6. Greg A. Foley Executive Director
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State of Kansas

05/10/2001 05/11/2011 05/11/2011 05/12/2011 05/12/2011 EVT0000576 EVT0000594 EVT0000595 EVT0000592 EVT0000591 Campground Improvements Scissor-Lift, Rough Terrain Blades for Graders and Plows Abandoned Well Plugging Vaughn (Worrell) Lease, Wilson County Abandoned Well Plugging Willis (M.G. Kepley) Lease Neosho County Aluminum Windows Credit Card Acceptance Program Rest Area Maintenance Solomon/Ellsworth Abandoned Well Plugging Milford Hall Lease Neosho County Program of All-Inclusive Care for the Elderly LIDAR Data Imagery Quality Assurance Service
State of Kansas

Notice to Contractors Name and Location of Project Wet Walnut Creek WJD No. 58 Site 128, 2 miles south and 1.5 miles west of Bazine, Kansas. Bid Opening Date and Location Sealed bids will be received by the Wet Walnut Creek Watershed Joint District No. 58, 300 W. Highway 4, P.O. Box 207, La Crosse, KS 67548, until 7:15 p.m. June 21. Any bids received after the specified time will not be considered. The bids will then be publicly opened and read for furnishing labor, equipment and materials for performing all work. Description Principal spillway rehabilitation including installation of pipe liner using one of three options: (a) Fold and form PVC alloy (b) Cast in place plastic (c) HDPE slipliner pipe Excavation 220 cubic yards of earth work Each bidder shall file with his/her bid a cashiers check or certified check on an acceptable bank or a bid bond in the amount of 5 percent of the total amount of the bid. Bids received after the stipulated closing time will be returned unopened. The bidder to whom the contract is awarded shall be required to furnish a performance bond and payment bond acceptable to the owner, each in the amount of 100 percent of the contract. The Wet Walnut Creek WJD No. 58 has the right to reject any and all bids and to waive informalities or irregularities therein, and to reject any bid where there is doubt as to the bidder having acquainted himself/herself thoroughly with the materials and conditions relative to the job. Contract Documents Copies of the contract documents are on file at the watershed office and may be obtained by contacting Ben
05/12/2011 EVT0000597 05/13/2011 EVT0000132 05/16/2011 EVT0000138 05/17/2011 05/23/2011 05/24/2011 EVT0000607 EVT0000586 EVT0000137
05/17/2011 Reroof Johnson Building, Kansas School for the Blind, Kansas City, Kansas 05/24/2011 A-011680 Tunnel Q Top Slab Replacement, Dept of Corrections, Hutchinson Correctional Facility, Hutchinson 05/24/2011 A-011681 Mechanical Room Upgrades, Kansas Juvenile Justice Authority, Larned Juvenile Correctional Facility, Larned A-011553

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State of Kansas
Notices

Emporia State University Bid postings: www.emporia.edu/ busaff/purchasing/vendor-procedures.htm. Additional contact info: phone: 620-341-5145, fax: 620-341-5073, e-mail: thouse@ emporia.edu. Mailing address: Emporia State University, Controllers Office/Purchasing, Campus Box 4021, 1200 Commercial, Emporia, KS 66801. Fort Hays State University Bid postings: www.fhsu.edu/bids. Additional contact info: phone: 785-628-4251, fax: 785-628-4046, e-mail: purchasing@fhsu.edu. Mailing address: Fort Hays State Purchasing Office, 601 Park St., 318 Sheridan Hall, Hays, KS 67601. Kansas State University Bid postings: www.k-state.edu/purchasing/rfq. Additional contact info: phone: 785-532-6214, fax: 785-532-5577, e-mail: kspurch@k-state.edu. Mailing address: Controllers Office/Purchasing, 21 Anderson Hall, Kansas State University, Manhattan, KS 66506. Pittsburg State University Bid postings: www.pittstate.edu/ office/purchasing. Additional contact info: phone: 620-235-4169, fax: 620-235-4166, e-mail: jensch@pittstate.edu. Mailing address: Pittsburg State University, Purchasing Office, 1701 S. Broadway, Pittsburg, KS 66762-7549. University of Kansas Electronic bid postings: http:// www.purchasing.ku.edu/. Paper bid postings and mailing address: KU Purchasing Services, 1246 W. Campus Road, Room 30, Lawrence, KS 66045. Additional contact info: phone: 785864-5800, fax: 785-864-3454, e-mail: purchasing@ku.edu. University of Kansas Medical Center Bid postings: http:// www2.kumc.edu/finance/purchasing/bids.html. Additional contact info: phone: 913-588-1100, fax: 913-588-1102. Mailing address: University of Kansas Medical Center, Purchasing Department, Mail Stop 2034, 3901 Rainbow Blvd., Kansas City, KS 66160. Wichita State University Bid postings: www.wichita.edu/purchasing. Additional contact info: phone: 316-978-3080, fax: 316978-3528. Mailing address: Wichita State University, Office of Purchasing, 1845 Fairmount Ave., Campus Box 12, Wichita, KS 67260-0012.

Name and Address Legal Receiving of Applicant Description Water Livingston Enterprises SW/4 of Section 03, Big Blue River Hillside View T01S, R01E, Basin 803 5th St. Washington County Fairbury, NE 68352 Kansas Permit No. A-BBWS-S059 This is a new permit for a new facility for 4,800 head (480 animal units) of swine weighing 55 pounds or less. A new enclosed swine building with a pull plug wastewater system will drain process wastes to an outdoor concrete wastewater retention structure. A dead animal compost facility will also drain to the concrete wastewater retention structure. Name and Address Legal Receiving of Applicant Description Water Maple Creek Farms NW/4 of Section 28, Upper Arkansas Wasinger 1 - #644 T20S, R32W, Scott River Basin P.O. Box 1598 County Leoti, KS 67861 Kansas Permit No. A-UASC-H006 Federal Permit No. KS0094862 This is a permit renewal for an existing facility with a maximum capacity of 10,800 head (4,320 animal units) of swine weighing greater than 55 pounds. Wastewater is collected in pits under the buildings and is conveyed to an anaerobic lagoon and an evaporation pond. This facility has an approved nutrient management plan on file with KDHE. Name and Address Legal Receiving of Applicant Description Water Maple Creek Farms SE/4 of Section 32, Upper Arkansas Roberts 2 - #656 T20S, R38W, River Basin P.O. Box 1598 Wichita County Leoti, KS 67861 Kansas Permit No. A-UAWH-H002 Federal Permit No. KS0095079 This is a permit renewal for an existing facility with a maximum capacity of 21,600 head (8,640 animal units) of swine weighing greater than 55 pounds. Wastewater is collected in pits under the buildings
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and is conveyed to an anaerobic lagoon and an evaporation pond. This facility has an approved nutrient management plan on file with KDHE. Name and Address Legal Receiving of Applicant Description Water Hayhook Cattle Company, SE/4 of Section 05, Upper Arkansas LLC T18S, R40W, River Basin Ran P. Smith Greeley County 1289 State Hwy. 27 Tribune, KS 67879 Kansas Permit No. A-UAGL-C001 Federal Permit No. KS0037311 This permit is being reissued for an existing facility for 9,500 head (9,500 animal units) of cattle weighing more than 700 pounds. There is no change in the permitted animal units from the previous permit. An approved nutrient management plan for the facility is on file with KDHE. Name and Address Legal Receiving of Applicant Description Water Nicholas Holthaus SW/4 of Section 29, Big Blue River 239 U.S. Hwy. 36 T02S, R11E, Basin Baileyville, KS 66404 Nemaha County Kansas Permit No. A-BBNM-S046 This permit is being reissued for an existing facility with a maximum capacity of 1,086 head (434.4 animal units) of swine more than 55 pounds, 720 head (72 animal units) of swine 55 pounds or less, 125 head (125 animal units) of cattle more than 700 pounds and 100 head (50 animal units) of cattle 700 pounds or less, for a total of 681.4 animal units. There is no change in the permitted animal units from the previous permit. Name and Address Legal Receiving of Applicant Description Water Farwell Farms #2 NW/4 of Section 11, Missouri River Terry Farwell T01S, R12E, Basin 2980 State Hwy. 63 Nemaha County Seneca, KS 66538 Kansas Permit No. A-MONM-S047 This permit is being reissued for an existing facility with a maximum capacity of 990 head (396 animal units) of swine more than 55 pounds. There is no change in the permitted animal units from the previous permit. Name and Address Legal Receiving of Applicant Description Water Greene Farms Inc. SE/4 of Section 30, Lower Republican P.O. Box 24 T04S, R07W, Jewell River Basin Jewell, KS 66949 County Kansas Permit No. A-LRJW-B005 A permit is being reissued to an existing facility with a maximum capacity for 400 head (400 animal units) of cattle weighing more than 700 pounds. The animal unit capacity has not changed since the previous permit.
Kansas document number (KS-AG-11-068/074) and name of the applicant/permittee when preparing comments. After review of any comments received during the public notice period, the Secretary of Health and Environment will issue a determination regarding final agency action on each draft document/application. If response to any draft document/application indicates significant public interest, a public hearing may be held in conformance with K.A.R. 28-16-61 (28-46-21 for UIC). All draft documents/applications and the supporting information including any comments received are on file and may be inspected at the offices of the Kansas Department of Health and Environment, Bureau of Water. These documents are available upon request at the copying cost assessed by KDHE. Application information and components of plans and specifications for all new and expanding swine facilities are available on the Internet at http://www.kdheks.gov/feedlots. Division of Environment offices are open from 8 a.m. to 5 p.m. Monday through Friday, excluding holidays. Robert Moser, M.D. Secretary of Health and Environment
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State of Kansas
Secretary of State
SENATE BILL No. 210

AN ACT providing for assessments on providers of home and community-based services developmental disability waiver program; prescribing powers, duties and functions for the Kansas health policy authority; creating the quality based community assessment fund; providing for implementation and administration. Be it enacted by the Legislature of the State of Kansas: Section 1. (a) As used in this section, unless the context requires otherwise: (1) Authority means the Kansas health policy authority. (2) Developmental disability is as defined in K.S.A. 39-1803, and amendments thereto, under the Kansas developmental disabilities reform act. (3) Entity means individual, corporation, partnership, limited liability company, joint venture or other legal entity. (4) Gross revenues means the revenues received by waiver providers for furnishing services to individuals with developmental disabilities who qualify for the waiver program with eligibility criteria and scope of services not less than those in effect as of January 1, 2011; the revenues received by waiver providers from or on behalf of individuals with developmental disabilities who qualify for the waiver program but for whom the services defined under the waiver program are not reimbursed through such
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Persons wishing to comment on the draft documents and/or permit applications must submit their comments in writing to the Kansas Department of Health and Environment if they wish to have the comments considered in the decision-making process. Comments should be submitted to the attention of the Livestock Waste Management Section for agricultural-related draft documents or applications, or to the Technical Services Section for all other permits, at the Kansas Department of Health and Environment, Division of Environment, Bureau of Water, 1000 S.W. Jackson, Suite 420, Topeka, 66612-1367. All comments regarding the draft documents or application notices received on or before May 28 will be considered in the formulation of the final determinations regarding this public notice. Please refer to the appropriate
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waiver; and, the revenues received by waiver providers from or on behalf of individuals with developmental disabilities who do not qualify for the waiver program but for whom receive the same services offered under such waiver. Gross revenues does not include revenues received for services to individuals with developmental disabilities funded exclusively by state or local governments, or any revenues received for furnishing services to individuals who are not developmentally disabled, or charitable donations. (5) Quality based community fee fund means a segregated account within the state treasury for which moneys are collected in accordance with the provisions of this act from developmental disability home and community-based waiver service providers. (6) Waiver program means a developmental disability home and community-based services waiver program authorized under the social security act, 42 U.S.C. 1915, for persons with a developmental disability. (7) Waiver provider means an entity that participates in the Kansas developmental disability home and community-based waiver program and that provides services to a person with a developmental disability, regardless of whether such person qualifies under the waiver program. (8) Waiver provider assessment means an assessment imposed on all waiver providers at the maximum rate allowable by federal law on the gross revenues applicable to services provided to persons with developmental disabilities. (b) (1) Except as otherwise provided in this section, the authority shall impose an annual assessment, hereinafter called a waiver provider assessment, on each waiver provider at the maximum rate allowable by federal law, on the gross revenues the waiver provider received from providing services to individuals with developmental disabilities during the fiscal year beginning with the effective date of the assessment. The waiver provider assessment shall be imposed as follows: (A) Withheld on a claim-by-claim basis from each waiver providers uniform percentage increased HCBS MR/DD medicaid waiver payment rates beginning with the effective date of this section; and, (B) paid on a quarterly basis by waiver providers based on the preceding fiscal revenues received by waiver providers from or on behalf of individuals with developmental disabilities who qualify for the waiver program but for whom the services defined under the waiver program are not reimbursed through such waiver; and, the revenues received by waiver providers from or on behalf of individuals with developmental disabilities who do not qualify for the waiver program but for whom receive the same services offered under such waiver. (2) The waiver provider assessment will become effective beginning with the first full month after: (A) The federal centers for medicare and medicaid services (CMS) authorizes developmental disability home and communitybased services as a permissible class of health care services on which states may impose a health care-related assessment without penalty; and, (B) the CMS has approved any and all amendments necessary to authorize the uniform percentage rate increases to the medicaid payment rates under Kansas developmental disability home and community-based waiver program. (3) The duration of the waiver provider assessment shall be all or a portion of the first state fiscal year in which the waiver provider assessment is effective and the subsequent four full state fiscal years. (4) The moneys collected under the provisions of this section shall be used solely as the nonfederal share of uniform percentage increases to the medicaid payment rates for developmental disability home and community-based services waiver providers. (5) The waiver provider assessment will be offset on a per claim basis against each waiver providers home and community-based services MR/DD medicaid waiver payments in an amount equal to the maximum rate allowable by federal law beginning with the effective date of this section. For gross revenues received by waiver providers from or on behalf of individuals with developmental disabilities who qualify for the waiver program but for whom the services defined under the waiver program are not reimbursed through such waiver, and the revenues received by waiver provid Kansas Secretary of State 2011
ers from or on behalf of individuals with developmental disabilities who do not qualify for the waiver program but for whom receive the same services offered under such waiver, the maximum rate allowable by federal law will be applied to the annual revenues received for such services for the waiver providers preceding fiscal year. (6) The authority shall collect any and all assessment pursuant to the provisions of this section. The authority shall adopt administrative rules and regulations necessary to implement and enforce the provisions of this section within 30 days of the CMS authorization. No rules and regulations of the authority shall grant any exception to or exemption from the waiver provider assessment. (7) If a waiver provider fails to pay the full amount of the waiver provider assessment imposed pursuant to this subsection when due and payable, including any extensions of time granted, the authority shall impose a penalty in the amount of the lesser of $500 per day or 2% of the assessment owed for the current fiscal year. (c) (1) There is hereby created in the state treasury the quality based community assessment fund, which shall be administered by the authority. All moneys received or withheld for the assessment imposed pursuant to subsection (b) shall be remitted to the state treasurer in accordance with K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance the state treasurer shall deposit the entire amount in the state treasury to the credit of the quality based community assessment fund. All expenditures from the quality based community assessment fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the authority or the authoritys designee. (2) The quality based community assessment fund shall be a no limit fund and shall consist of: (A) The assessments collected by the authority under this section; (B) any interest and penalties levied with the administration of this section; and, (C) any other funds received as donations for the quality based community assessment fund and appropriations from other sources. All moneys in the quality based community assessment fund shall be used solely as the nonfederal share of uniform percentage increases to the medicaid payment rates for waiver providers in order to maintain the quality of services provided to individuals qualifying under Kansas developmental disability waiver program. The fund will reimburse administrative expenses incurred by the authority or its agent in performing the activities authorized by this section, except that such expenses shall not exceed a total of .5% of the aggregate assessment fees collected during the first fiscal year in which the assessment becomes effective for purposes of start-up costs. The fund shall reimburse the authority or its agent in the amount of $100,000 each year thereafter to administer the assessment program. (3) No moneys credited to the fund shall be transferred to or otherwise revert to the state general fund at any time. Notwithstanding the provisions of any other law to the contrary, if any moneys credited to the quality based community assessment fund are transferred or otherwise revert to the state general fund, 30 days following the transfer or reversion, the waiver provider assessment shall terminate and the authority shall discontinue the imposition, assessment and collection of the assessment. Upon termination of the assessment, any collected assessment revenues, including any moneys transferred or otherwise reverting to the state general fund which resulted in the termination of the assessment, less any administrative expenses incurred by the authority under paragraph (2), shall be returned on a pro rata basis to waiver providers who paid the assessment. (4) On or before the 10th day of each month, beginning with the first full month following the effective date of the waiver provider assessment, the director of accounts and reports shall transfer from the state general fund to the quality based community assessment fund, interest earnings based on: (A) the average daily balance of moneys in the fund for the preceding month; and (B) the net earnings rate of the pooled money investment portfolio for the preceding month.
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(d) Any moneys received by the state of Kansas from the federal government as a result of federal financial participation in the states developmental disability waiver program that are derived from the waiver provider assessment shall be used to maintain the quality of services provided by the waiver program. (e) No moneys collected under the provisions of this section shall be used directly or indirectly to replace or supplant existing state expenditures for payments to waiver providers for services furnished to individuals with developmental disabilities. (f) (1) The waiver provider assessment and associated uniform percentage increases for all waiver provider medicaid payment rates shall become effective on the first day of the first full month after which the CMS has adopted rules that recognize the waiver provider assessment as a permissible class of health care services on which states may impose such an assessment: (A) Upon the approval from the CMS of any and all amendments to the medicaid state plan, medicaid developmental disability waiver program, or both, necessary to increase the rates of payments made to the waiver providers for providing services pursuant to the waiver program; and, (B) the waiver providers have been compensated at the uniform percentage increased medicaid payment rates for services provided pursuant to the developmental disability waiver program for the period commencing on and after the authorization of the waiver provider assessment by the CMS. (2) The authority shall implement and administer the provisions of subsections (a) through (e) in a manner consistent with applicable federal laws and regulations. The authority shall seek any necessary approvals of the federal government that are required for the implementation of subsections (a) through (e). (3) The provisions of subsections (a) through (e) shall be null and void and shall have no force and effect if either of the following occurs: (A) The medicaid state plan amendment or an amendment to the medicaid waiver program, or both, as applicable, that would otherwise authorize the uniform percentage increases to the medicaid rates of payment made to waiver providers for providing services pursuant to the developmental disability waiver programs and which is proposed for approval for purposes of subsections (a) through (e) is not approved by the CMS; (B) the medicaid payment rates made to waiver providers for providing services pursuant to the developmental disability waiver program are reduced below the rates calculated on the day immediately preceding the effective date of this section, increased by revenues in the quality based community assessment fund and matched by federal financial participation. Nothing in this provision should be construed to preclude additional increases to the medicaid payment rates to waiver providers funded through state general fund appropriation; (C) the medicaid eligibility criteria applicable to individuals qualifying under the Kansas developmental disability waiver program are reduced below the criteria in effect on the day immediately preceding the effective date of this section; or (D) the medicaid services available to individuals qualifying under the Kansas developmental disability waiver program are reduced below the services available on the day immediately preceding the effective date of this section. (g) If the provisions of subsections (a) through (e) are repealed, expire or become null and void and have no further force and effect, all moneys in the quality based community assessment fund which were paid under the provisions of subsections (a) through (e) shall be returned to the waiver provider which paid such moneys on the basis on which such payments were assessed and paid pursuant to subsections (a) through (e). (h) The provisions of this section shall expire five years subsequent to the implementation of this section. Sec. 2. This act shall take effect and be in force from and after its publication in the Kansas register.
HOUSE BILL No. 2118

AN ACT concerning crimes, criminal procedure and punishment; relating to supervision fees for appearance bonds; amending K.S.A. 2010 Supp. 21-4603d and 22-2802 and section 244 of chapter 136 of the 2010 Session Laws of Kansas and repealing the existing sections. Be it enacted by the Legislature of the State of Kansas: Section 1. K.S.A. 2010 Supp. 21-4603d is hereby amended to read as follows: 21-4603d. (a) Whenever any person has been found guilty of a crime, the court may adjudge any of the following: (1) Commit the defendant to the custody of the secretary of corrections if the current crime of conviction is a felony and the sentence presumes imprisonment, or the sentence imposed is a dispositional departure to imprisonment; or, if confinement is for a misdemeanor, to jail for the term provided by law; (2) impose the fine applicable to the offense; (3) release the defendant on probation if the current crime of conviction and criminal history fall within a presumptive nonprison category or through a departure for substantial and compelling reasons subject to such conditions as the court may deem appropriate. In felony cases except for violations of K.S.A. 8-1567, and amendments thereto, the court may include confinement in a county jail not to exceed 60 days, which need not be served consecutively, as a condition of an original probation sentence and up to 60 days in a county jail upon each revocation of the probation sentence, or community corrections placement; (4) assign the defendant to a community correctional services program as provided in K.S.A. 75-5291, and amendments thereto, or through a departure for substantial and compelling reasons subject to such conditions as the court may deem appropriate, including orders requiring full or partial restitution; (5) assign the defendant to a conservation camp for a period not to exceed six months as a condition of probation followed by a six-month period of follow-up through adult intensive supervision by a community correctional services program, if the offender successfully completes the conservation camp program; (6) assign the defendant to a house arrest program pursuant to K.S.A. 21-4603b and amendments thereto; (7) order the defendant to attend and satisfactorily complete an alcohol or drug education or training program as provided by subsection (3) of K.S.A. 21-4502, and amendments thereto; (8) order the defendant to repay the amount of any reward paid by any crime stoppers chapter, individual, corporation or public entity which materially aided in the apprehension or conviction of the defendant; repay the amount of any costs and expenses incurred by any law enforcement agency in the apprehension of the defendant, if one of the current crimes of conviction of the defendant includes escape, as defined in K.S.A. 21-3809, and amendments thereto, or aggravated escape, as defined in K.S.A. 21-3810, and amendments thereto; repay expenses incurred by a fire district, fire department or fire company responding to a fire which has been determined to be arson under K.S.A. 21-3718 or 21-3719, and amendments thereto, if the defendant is convicted of such crime; repay the amount of any public funds utilized by a law enforcement agency to purchase controlled substances from the defendant during the investigation which leads to the defendants conviction; or repay the amount of any medical costs and expenses incurred by any law enforcement agency or county. Such repayment of the amount of any such costs and expenses incurred by a county, law enforcement agency, fire district, fire department or fire company or any public funds utilized by a law enforcement agency shall be deposited and credited to the same fund from which the public funds were credited to prior to use by the county, law enforcement agency, fire district, fire department or fire company; (9) order the defendant to pay the administrative fee authorized by K.S.A. 22-4529, and amendments thereto, unless waived by the court; (10) order the defendant to pay a domestic violence special program fee authorized by K.S.A. 20-369, and amendments thereto;
(continued)
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(11) if the defendant is convicted of a misdemeanor or convicted of a felony provision of specified in subsection (i) of K.S.A. 21-4704, and amendments thereto, assign the defendant to a work release program, other than a program at a correctional institution under the control of the secretary of corrections as defined in K.S.A. 755202, and amendments thereto, provided such work release program requires such defendant to return to confinement at the end of each day in the work release program; (12) pay the full amount of unpaid costs associated with the conditions of release of the appearance bond under K.S.A. 22-2802, and amendments thereto; (12) (13) impose any appropriate combination of (1), (2), (3), (4), (5), (6), (7), (8), (9), (10), and (11) and (12); or (13) (14) suspend imposition of sentence in misdemeanor cases. (b) (1) In addition to or in lieu of any of the above, the court shall order the defendant to pay restitution, which shall include, but not be limited to, damage or loss caused by the defendants crime, unless the court finds compelling circumstances which would render a plan of restitution unworkable. In regard to a violation of K.S.A. 21-4018, and amendments thereto, such damage or loss shall include, but not be limited to, attorney fees and costs incurred to repair the credit history or rating of the person whose personal identification documents were obtained and used in violation of such section, and to satisfy a debt, lien or other obligation incurred by the person whose personal identification documents were obtained and used in violation of such section. If the court finds a plan of restitution unworkable, the court shall state on the record in detail the reasons therefor. (2) If the court orders restitution, the restitution shall be a judgment against the defendant which may be collected by the court by garnishment or other execution as on judgments in civil cases. If, after 60 days from the date restitution is ordered by the court, a defendant is found to be in noncompliance with the plan established by the court for payment of restitution, and the victim to whom restitution is ordered paid has not initiated proceedings in accordance with K.S.A. 60-4301 et seq., and amendments thereto, the court shall assign an agent procured by the attorney general pursuant to K.S.A. 75-719, and amendments thereto, to collect the restitution on behalf of the victim. The administrative judge of each judicial district may assign such cases to an appropriate division of the court for the conduct of civil collection proceedings. (c) In addition to or in lieu of any of the above, the court shall order the defendant to submit to and complete an alcohol and drug evaluation, and pay a fee therefor, when required by subsection (4) of K.S.A. 21-4502, and amendments thereto. (d) In addition to any of the above, the court shall order the defendant to reimburse the county general fund for all or a part of the expenditures by the county to provide counsel and other defense services to the defendant. Any such reimbursement to the county shall be paid only after any order for restitution has been paid in full. In determining the amount and method of payment of such sum, the court shall take account of the financial resources of the defendant and the nature of the burden that payment of such sum will impose. A defendant who has been required to pay such sum and who is not willfully in default in the payment thereof may at any time petition the court which sentenced the defendant to waive payment of such sum or any unpaid portion thereof. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardship on the defendant or the defendants immediate family, the court may waive payment of all or part of the amount due or modify the method of payment. (e) In imposing a fine the court may authorize the payment thereof in installments. In releasing a defendant on probation, the court shall direct that the defendant be under the supervision of a court services officer. If the court commits the defendant to the custody of the secretary of corrections or to jail, the court may specify in its order the amount of restitution to be paid and the person to whom it shall be paid if restitution is later ordered as a condition of parole, conditional release or postrelease supervision. (f) (1) When a new felony is committed while the offender is incarcerated and serving a sentence for a felony, or while the offender is on probation, assignment to a community correctional services program, parole, conditional release, or postrelease supervision for a felony, a new sentence shall be imposed pursuant to the consecutive sentencing requirements of K.S.A. 21-4608, and
amendments thereto, and the court may sentence the offender to imprisonment for the new conviction, even when the new crime of conviction otherwise presumes a nonprison sentence. In this event, imposition of a prison sentence for the new crime does not constitute a departure. (2) When a new felony is committed while the offender is incarcerated in a juvenile correctional facility pursuant to K.S.A. 381671, prior to its repeal, or K.S.A. 2010 Supp. 38-2373, and amendments thereto, for an offense, which if committed by an adult would constitute the commission of a felony, upon conviction, the court shall sentence the offender to imprisonment for the new conviction, even when the new crime of conviction otherwise presumes a nonprison sentence. In this event, imposition of a prison sentence for the new crime does not constitute a departure. The conviction shall operate as a full and complete discharge from any obligations, except for an order of restitution, imposed on the offender arising from the offense for which the offender was committed to a juvenile correctional facility. (3) When a new felony is committed while the offender is on release for a felony pursuant to the provisions of article 28 of chapter 22 of the Kansas Statutes Annotated, and amendments thereto, or similar provisions of the laws of another jurisdiction, a new sentence may be imposed pursuant to the consecutive sentencing requirements of K.S.A. 21-4608, and amendments thereto, and the court may sentence the offender to imprisonment for the new conviction, even when the new crime of conviction otherwise presumes a nonprison sentence. In this event, imposition of a prison sentence for the new crime does not constitute a departure. (g) Prior to imposing a dispositional departure for a defendant whose offense is classified in the presumptive nonprison grid block of either sentencing guideline grid, prior to sentencing a defendant to incarceration whose offense is classified in grid blocks 5-H, 5-I or 6-G of the sentencing guidelines grid for nondrug crimes or in grid blocks 3-E, 3-F, 3-G, 3-H or 3-I of the sentencing guidelines grid for drug crimes, prior to sentencing a defendant to incarceration whose offense is classified in grid blocks 4-E or 4-F of the sentencing guideline grid for drug crimes and whose offense does not meet the requirements of K.S.A. 21-4729, and amendments thereto, prior to revocation of a nonprison sanction of a defendant whose offense is classified in grid blocks 4-E or 4-F of the sentencing guideline grid for drug crimes and whose offense does not meet the requirements of K.S.A. 21-4729, and amendments thereto, or prior to revocation of a nonprison sanction of a defendant whose offense is classified in the presumptive nonprison grid block of either sentencing guideline grid or grid blocks 5-H, 5-I or 6-G of the sentencing guidelines grid for nondrug crimes or in grid blocks 3-E, 3-F, 3-G, 3-H or 3-I of the sentencing guidelines grid for drug crimes, the court shall consider placement of the defendant in the Labette correctional conservation camp, conservation camps established by the secretary of corrections pursuant to K.S.A. 75-52,127, and amendment thereto or a community intermediate sanction center. Pursuant to this paragraph the defendant shall not be sentenced to imprisonment if space is available in a conservation camp or a community intermediate sanction center and the defendant meets all of the conservation camps or a community intermediate sanction centers placement criteria unless the court states on the record the reasons for not placing the defendant in a conservation camp or a community intermediate sanction center. (h) The court in committing a defendant to the custody of the secretary of corrections shall fix a term of confinement within the limits provided by law. In those cases where the law does not fix a term of confinement for the crime for which the defendant was convicted, the court shall fix the term of such confinement. (i) In addition to any of the above, the court shall order the defendant to reimburse the state general fund for all or a part of the expenditures by the state board of indigents defense services to provide counsel and other defense services to the defendant. In determining the amount and method of payment of such sum, the court shall take account of the financial resources of the defendant and the nature of the burden that payment of such sum will impose. A defendant who has been required to pay such sum and who is not willfully in default in the payment thereof may at any time petition the court which sentenced the defendant to waive payment of such sum or any unpaid portion thereof. If it appears to the satisfaction of the court that payment of the amount due will
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impose manifest hardship on the defendant or the defendants immediate family, the court may waive payment of all or part of the amount due or modify the method of payment. The amount of attorney fees to be included in the court order for reimbursement shall be the amount claimed by appointed counsel on the payment voucher for indigents defense services or the amount prescribed by the board of indigents defense services reimbursement tables as provided in K.S.A. 22-4522, and amendments thereto, whichever is less. (j) This section shall not deprive the court of any authority conferred by any other Kansas statute to decree a forfeiture of property, suspend or cancel a license, remove a person from office, or impose any other civil penalty as a result of conviction of crime. (k) An application for or acceptance of probation or assignment to a community correctional services program shall not constitute an acquiescence in the judgment for purpose of appeal, and any convicted person may appeal from such conviction, as provided by law, without regard to whether such person has applied for probation, suspended sentence or assignment to a community correctional services program. (l) The secretary of corrections is authorized to make direct placement to the Labette correctional conservation camp or a conservation camp established by the secretary pursuant to K.S.A. 7552,127, and amendments thereto, of an inmate sentenced to the secretarys custody if the inmate: (1) Has been sentenced to the secretary for a probation revocation, as a departure from the presumptive nonimprisonment grid block of either sentencing grid, for an offense which is classified in grid blocks 5-H, 5-I, or 6-G of the sentencing guidelines grid for nondrug crimes or in grid blocks 3-E, 3-F, 3-G, 3-H or 3-I of the sentencing guidelines grid for drug crimes, or for an offense which is classified in gridblocks 4-E or 4F of the sentencing guidelines grid for drug crimes and such offense does not meet the requirements of K.S.A. 21-4729, and amendments thereto, and (2) otherwise meets admission criteria of the camp. If the inmate successfully completes a conservation camp program, the secretary of corrections shall report such completion to the sentencing court and the county or district attorney. The inmate shall then be assigned by the court to six months of followup supervision conducted by the appropriate community corrections services program. The court may also order that supervision continue thereafter for the length of time authorized by K.S.A. 214611, and amendments thereto. (m) When it is provided by law that a person shall be sentenced pursuant to K.S.A. 1993 Supp. 21-4628, prior to its repeal, the provisions of this section shall not apply. (n) Except as provided by subsection (f) of K.S.A. 21-4705, and amendments thereto, in addition to any of the above, for felony violations of K.S.A. 2010 Supp. 21-36a06, and amendments thereto, the court shall require the defendant who meets the requirements established in K.S.A. 21-4729, and amendments thereto, to participate in a certified drug abuse treatment program, as provided in K.S.A. 2010 Supp. 75-52,144, and amendments thereto, including but not limited to, an approved after-care plan. If the defendant fails to participate in or has a pattern of intentional conduct that demonstrates the offenders refusal to comply with or participate in the treatment program, as established by judicial finding, the defendant shall be subject to revocation of probation and the defendant shall serve the underlying prison sentence as established in K.S.A. 21-4705, and amendments thereto. For those offenders who are convicted on or after the effective date of this act, upon completion of the underlying prison sentence, the defendant shall not be subject to a period of postrelease supervision. The amount of time spent participating in such program shall not be credited as service on the underlying prison sentence. (o) (1) Except as provided in paragraph (3), in addition to any other penalty or disposition imposed by law, upon a conviction for unlawful possession of a controlled substance or controlled substance analog in violation of K.S.A. 2010 Supp. 21-36a06, and amendments thereto, in which the trier of fact makes a finding that the unlawful possession occurred while transporting the controlled substance or controlled substance analog in any vehicle upon a highway or street, the offenders drivers license or privilege to operate a motor vehicle on the streets and highways of this state shall be suspended for one year. (2) Upon suspension of a license pursuant to this subsection, the court shall require the person to surrender the license to the
court, which shall transmit the license to the division of motor vehicles of the department of revenue, to be retained until the period of suspension expires. At that time, the licensee may apply to the division for return of the license. If the license has expired, the person may apply for a new license, which shall be issued promptly upon payment of the proper fee and satisfaction of other conditions established by law for obtaining a license unless another suspension or revocation of the persons privilege to operate a motor vehicle is in effect. (3) (A) In lieu of suspending the drivers license or privilege to operate a motor vehicle on the highways of this state of any person as provided in paragraph (1), the judge of the court in which such person was convicted may enter an order which places conditions on such persons privilege of operating a motor vehicle on the highways of this state, a certified copy of which such person shall be required to carry any time such person is operating a motor vehicle on the highways of this state. Any such order shall prescribe the duration of the conditions imposed, which in no event shall be for a period of more than one year. (B) Upon entering an order restricting a persons license hereunder, the judge shall require such person to surrender such persons drivers license to the judge who shall cause it to be transmitted to the division of vehicles, together with a copy of the order. Upon receipt thereof, the division of vehicles shall issue without charge a drivers license which shall indicate on its face that conditions have been imposed on such persons privilege of operating a motor vehicle and that a certified copy of the order imposing such conditions is required to be carried by the person for whom the license was issued any time such person is operating a motor vehicle on the highways of this state. If the person convicted is a nonresident, the judge shall cause a copy of the order to be transmitted to the division and the division shall forward a copy of it to the motor vehicle administrator, of such persons state of residence. Such judge shall furnish to any person whose drivers license has had conditions imposed on it under this paragraph a copy of the order, which shall be recognized as a valid Kansas drivers license until such time as the division shall issue the restricted license provided for in this paragraph. (C) Upon expiration of the period of time for which conditions are imposed pursuant to this subsection, the licensee may apply to the division for the return of the license previously surrendered by such licensee. In the event such license has expired, such person may apply to the division for a new license, which shall be issued immediately by the division upon payment of the proper fee and satisfaction of the other conditions established by law, unless such persons privilege to operate a motor vehicle on the highways of this state has been suspended or revoked prior thereto. If any person shall violate any of the conditions imposed under this paragraph, such persons drivers license or privilege to operate a motor vehicle on the highways of this state shall be revoked for a period of not less than 60 days nor more than one year by the judge of the court in which such person is convicted of violating such conditions. (4) As used in this subsection, highway and street have the meanings provided by K.S.A. 8-1424 and 8-1473, and amendments thereto. Sec. 2. K.S.A. 2010 Supp. 22-2802 is hereby amended to read as follows: 22-2802. (1) Any person charged with a crime shall, at the persons first appearance before a magistrate, be ordered released pending preliminary examination or trial upon the execution of an appearance bond in an amount specified by the magistrate and sufficient to assure the appearance of such person before the magistrate when ordered and to assure the public safety. If the person is being bound over for a felony, the bond shall also be conditioned on the persons appearance in the district court or by way of a two-way electronic audio-video communication as provided in subsection (14) at the time required by the court to answer the charge against such person and at any time thereafter that the court requires. Unless the magistrate makes a specific finding otherwise, if the person is being bonded out for a person felony or a person misdemeanor, the bond shall be conditioned on the person being prohibited from having any contact with the alleged victim of such offense for a period of at least 72 hours. The magistrate may impose such of the following additional conditions of release
(continued)
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as will reasonably assure the appearance of the person for preliminary examination or trial: (a) Place the person in the custody of a designated person or organization agreeing to supervise such person; (b) place restrictions on the travel, association or place of abode of the person during the period of release; (c) impose any other condition deemed reasonably necessary to assure appearance as required, including a condition requiring that the person return to custody during specified hours; (d) place the person under a house arrest program pursuant to K.S.A. 21-4603b, and amendments thereto; or (e) place the person under the supervision of a court services officer responsible for monitoring the persons compliance with any conditions of release ordered by the magistrate. The magistrate may order the person to pay for any costs associated with the supervision provided by the court services department in an amount not to exceed $15 per week of such supervision. The magistrate may also order the person to pay for all other costs associated with the supervision and conditions for compliance in addition to the $15 per week. (2) In addition to any conditions of release provided in subsection (1), for any person charged with a felony, the magistrate may order such person to submit to a drug and alcohol abuse examination and evaluation in a public or private treatment facility or state institution and, if determined by the head of such facility or institution that such person is a drug or alcohol abuser or is incapacitated by drugs or alcohol, to submit to treatment for such drug or alcohol abuse, as a condition of release. (3) The appearance bond shall be executed with sufficient solvent sureties who are residents of the state of Kansas, unless the magistrate determines, in the exercise of such magistrates discretion, that requiring sureties is not necessary to assure the appearance of the person at the time ordered. (4) A deposit of cash in the amount of the bond may be made in lieu of the execution of the bond pursuant to paragraph (3). Except as provided in paragraph (5), such deposit shall be in the full amount of the bond and in no event shall a deposit of cash in less than the full amount of bond be permitted. Any person charged with a crime who is released on a cash bond shall be entitled to a refund of all moneys paid for the cash bond, after deduction of any outstanding restitution, costs, fines and fees, after the final disposition of the criminal case if the person complies with all requirements to appear in court. The court may not exclude the option of posting bond pursuant to paragraph (3). (5) Except as provided further, the amount of the appearance bond shall be the same whether executed as described in subsection (3) or posted with a deposit of cash as described in subsection (4). When the appearance bond has been set at $2,500 or less and the most serious charge against the person is a misdemeanor, a severity level 8, 9 or 10 nonperson felony, a drug severity level 4 felony or a violation of K.S.A. 8-1567, and amendments thereto, the magistrate may allow the person to deposit cash with the clerk in the amount of 10% of the bond, provided the person meets at least the following qualifications: (A) Is a resident of the state of Kansas; (B) has a criminal history score category of G, H or I; (C) has no prior history of failure to appear for any court appearances; (D) has no detainer or hold from any other jurisdiction; (E) has not been extradited from, and is not awaiting extradition to, another state; and (F) has not been detained for an alleged violation of probation. (6) In the discretion of the court, a person charged with a crime may be released upon the persons own recognizance by guaranteeing payment of the amount of the bond for the persons failure to comply with all requirements to appear in court. The release of a person charged with a crime upon the persons own recognizance shall not require the deposit of any cash by the person. (7) The court shall not impose any administrative fee. (8) In determining which conditions of release will reasonably assure appearance and the public safety, the magistrate shall, on the basis of available information, take into account the nature and circumstances of the crime charged; the weight of the evidence against the defendant; the defendants family ties, employment, financial resources, character, mental condition, length of residence in the community, record of convictions, record of appearance or
failure to appear at court proceedings or of flight to avoid prosecution; the likelihood or propensity of the defendant to commit crimes while on release, including whether the defendant will be likely to threaten, harass or cause injury to the victim of the crime or any witnesses thereto; and whether the defendant is on probation or parole from a previous offense at the time of the alleged commission of the subsequent offense. (9) The appearance bond shall set forth all of the conditions of release. (10) A person for whom conditions of release are imposed and who continues to be detained as a result of the persons inability to meet the conditions of release shall be entitled, upon application, to have the conditions reviewed without unnecessary delay by the magistrate who imposed them. If the magistrate who imposed conditions of release is not available, any other magistrate in the county may review such conditions. (11) A magistrate ordering the release of a person on any conditions specified in this section may at any time amend the order to impose additional or different conditions of release. If the imposition of additional or different conditions results in the detention of the person, the provisions of subsection (10) shall apply. (12) Statements or information offered in determining the conditions of release need not conform to the rules of evidence. No statement or admission of the defendant made at such a proceeding shall be received as evidence in any subsequent proceeding against the defendant. (13) The appearance bond and any security required as a condition of the defendants release shall be deposited in the office of the magistrate or the clerk of the court where the release is ordered. If the defendant is bound to appear before a magistrate or court other than the one ordering the release, the order of release, together with the bond and security shall be transmitted to the magistrate or clerk of the court before whom the defendant is bound to appear. (14) Proceedings before a magistrate as provided in this section to determine the release conditions of a person charged with a crime including release upon execution of an appearance bond may be conducted by two-way electronic audio-video communication between the defendant and the judge in lieu of personal presence of the defendant or defendants counsel in the courtroom in the discretion of the court. The defendant may be accompanied by the defendants counsel. The defendant shall be informed of the defendants right to be personally present in the courtroom during such proceeding if the defendant so requests. Exercising the right to be present shall in no way prejudice the defendant. (15) The magistrate may order the person to pay for any costs associated with the supervision of the conditions of release of the appearance bond in an amount not to exceed $15 per week of such supervision. As a condition of sentencing under section 244 of chapter 136 of the 2010 Session Laws of Kansas, and amendments thereto, the court may impose the full amount of any such costs in addition to the $15 per week, including, but not limited to, costs for treatment and evaluation under subsection (2). Sec. 3. On and after July 1, 2011, section 244 of chapter 136 of the 2010 Session Laws of Kansas is hereby amended to read as follows: Sec. 244. (a) Whenever any person has been found guilty of a crime, the court may adjudge any of the following: (1) Commit the defendant to the custody of the secretary of corrections if the current crime of conviction is a felony and the sentence presumes imprisonment, or the sentence imposed is a dispositional departure to imprisonment; or, if confinement is for a misdemeanor, to jail for the term provided by law; (2) impose the fine applicable to the offense; (3) release the defendant on probation if the current crime of conviction and criminal history fall within a presumptive nonprison category or through a departure for substantial and compelling reasons subject to such conditions as the court may deem appropriate. In felony cases except for violations of K.S.A. 8-1567, and amendments thereto, the court may include confinement in a county jail not to exceed 60 days, which need not be served consecutively, as a condition of an original probation sentence and up to 60 days in a county jail upon each revocation of the probation sentence, or community corrections placement; (4) assign the defendant to a community correctional services program as provided in K.S.A. 75-5291, and amendments thereto,
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or through a departure for substantial and compelling reasons subject to such conditions as the court may deem appropriate, including orders requiring full or partial restitution; (5) assign the defendant to a conservation camp for a period not to exceed six months as a condition of probation followed by a six-month period of follow-up through adult intensive supervision by a community correctional services program, if the offender successfully completes the conservation camp program; (6) assign the defendant to a house arrest program pursuant to section 249 of chapter 136 of the 2010 Session Laws of Kansas, and amendments thereto; (7) order the defendant to attend and satisfactorily complete an alcohol or drug education or training program as provided by subsection (c) of section 242 of chapter 136 of the 2010 Session Laws of Kansas, and amendments thereto; (8) order the defendant to repay the amount of any reward paid by any crime stoppers chapter, individual, corporation or public entity which materially aided in the apprehension or conviction of the defendant; repay the amount of any costs and expenses incurred by any law enforcement agency in the apprehension of the defendant, if one of the current crimes of conviction of the defendant includes escape or aggravated escape, as defined in section 136 of chapter 136 of the 2010 Session Laws of Kansas, and amendments thereto; repay expenses incurred by a fire district, fire department or fire company responding to a fire which has been determined to be arson under section 98 of chapter 136 of the 2010 Session Laws of Kansas, and amendments thereto, if the defendant is convicted of such crime; repay the amount of any public funds utilized by a law enforcement agency to purchase controlled substances from the defendant during the investigation which leads to the defendants conviction; or repay the amount of any medical costs and expenses incurred by any law enforcement agency or county. Such repayment of the amount of any such costs and expenses incurred by a county, law enforcement agency, fire district, fire department or fire company or any public funds utilized by a law enforcement agency shall be deposited and credited to the same fund from which the public funds were credited to prior to use by the county, law enforcement agency, fire district, fire department or fire company; (9) order the defendant to pay the administrative fee authorized by K.S.A. 22-4529, and amendments thereto, unless waived by the court; (10) order the defendant to pay a domestic violence special program fee authorized by K.S.A. 20-369, and amendments thereto; (11) pay the full amount of unpaid costs associated with the conditions of release of the appearance bond under K.S.A. 22-2802, and amendments thereto; (11) (12) impose any appropriate combination of (1), (2), (3), (4), (5), (6), (7), (8), (9), and (10) and (11); or (12) (13) suspend imposition of sentence in misdemeanor cases. (b) (1) In addition to or in lieu of any of the above, the court shall order the defendant to pay restitution, which shall include, but not be limited to, damage or loss caused by the defendants crime, unless the court finds compelling circumstances which would render a plan of restitution unworkable. In regard to a violation of section 177 of chapter 136 of the 2010 Session Laws of Kansas, and amendments thereto, such damage or loss shall include, but not be limited to, attorney fees and costs incurred to repair the credit history or rating of the person whose personal identification documents were obtained and used in violation of such section, and to satisfy a debt, lien or other obligation incurred by the person whose personal identification documents were obtained and used in violation of such section. If the court finds a plan of restitution unworkable, the court shall state on the record in detail the reasons therefor. (2) If the court orders restitution, the restitution shall be a judgment against the defendant which may be collected by the court by garnishment or other execution as on judgments in civil cases. If, after 60 days from the date restitution is ordered by the court, a defendant is found to be in noncompliance with the plan established by the court for payment of restitution, and the victim to whom restitution is ordered paid has not initiated proceedings in accordance with K.S.A. 60-4301 et seq., and amendments thereto, the court shall assign an agent procured by the attorney general pursuant to K.S.A. 75-719, and amendments thereto, to collect the
restitution on behalf of the victim. The administrative judge of each judicial district may assign such cases to an appropriate division of the court for the conduct of civil collection proceedings. (c) In addition to or in lieu of any of the above, the court shall order the defendant to submit to and complete an alcohol and drug evaluation, and pay a fee therefor, when required by subsection (d) of section 242 of chapter 136 of the 2010 Session Laws of Kansas, and amendments thereto. (d) In addition to any of the above, the court shall order the defendant to reimburse the county general fund for all or a part of the expenditures by the county to provide counsel and other defense services to the defendant. Any such reimbursement to the county shall be paid only after any order for restitution has been paid in full. In determining the amount and method of payment of such sum, the court shall take account of the financial resources of the defendant and the nature of the burden that payment of such sum will impose. A defendant who has been required to pay such sum and who is not willfully in default in the payment thereof may at any time petition the court which sentenced the defendant to waive payment of such sum or any unpaid portion thereof. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardship on the defendant or the defendants immediate family, the court may waive payment of all or part of the amount due or modify the method of payment. (e) In imposing a fine the court may authorize the payment thereof in installments. In releasing a defendant on probation, the court shall direct that the defendant be under the supervision of a court services officer. If the court commits the defendant to the custody of the secretary of corrections or to jail, the court may specify in its order the amount of restitution to be paid and the person to whom it shall be paid if restitution is later ordered as a condition of parole, conditional release or postrelease supervision. (f) (1) When a new felony is committed while the offender is incarcerated and serving a sentence for a felony, or while the offender is on probation, assignment to a community correctional services program, parole, conditional release or postrelease supervision for a felony, a new sentence shall be imposed pursuant to the consecutive sentencing requirements of section 246 of chapter 136 of the 2010 Session Laws of Kansas, and amendments thereto, and the court may sentence the offender to imprisonment for the new conviction, even when the new crime of conviction otherwise presumes a nonprison sentence. In this event, imposition of a prison sentence for the new crime does not constitute a departure. (2) When a new felony is committed while the offender is incarcerated in a juvenile correctional facility pursuant to K.S.A. 381671 prior to its repeal or K.S.A. 2009 2010 Supp. 38-2373, and amendments thereto, for an offense, which if committed by an adult would constitute the commission of a felony, upon conviction, the court shall sentence the offender to imprisonment for the new conviction, even when the new crime of conviction otherwise presumes a nonprison sentence. In this event, imposition of a prison sentence for the new crime does not constitute a departure. The conviction shall operate as a full and complete discharge from any obligations, except for an order of restitution, imposed on the offender arising from the offense for which the offender was committed to a juvenile correctional facility. (3) When a new felony is committed while the offender is on release for a felony pursuant to the provisions of article 28 of chapter 22 of the Kansas Statutes Annotated, and amendments thereto, or similar provisions of the laws of another jurisdiction, a new sentence may be imposed pursuant to the consecutive sentencing requirements of section 246 of chapter 136 of the 2010 Session Laws of Kansas, and amendments thereto, and the court may sentence the offender to imprisonment for the new conviction, even when the new crime of conviction otherwise presumes a nonprison sentence. In this event, imposition of a prison sentence for the new crime does not constitute a departure. (g) Prior to imposing a dispositional departure for a defendant whose offense is classified in the presumptive nonprison grid block of either sentencing guideline grid, prior to sentencing a defendant to incarceration whose offense is classified in grid blocks 5-H, 5-I or 6-G of the sentencing guidelines grid for nondrug crimes or in grid blocks 3-E, 3-F, 3-G, 3-H or 3-I of the sentencing guidelines grid for drug crimes, prior to sentencing a defendant to incarcer(continued)
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ation whose offense is classified in grid blocks 4-E or 4-F of the sentencing guideline grid for drug crimes and whose offense does not meet the requirements of section 305 of chapter 136 of the 2010 Session Laws of Kansas, and amendments thereto, prior to revocation of a nonprison sanction of a defendant whose offense is classified in grid blocks 4-E or 4-F of the sentencing guideline grid for drug crimes and whose offense does not meet the requirements of section 305 of chapter 136 of the 2010 Session Laws of Kansas, and amendments thereto, or prior to revocation of a nonprison sanction of a defendant whose offense is classified in the presumptive nonprison grid block of either sentencing guideline grid or grid blocks 5-H, 5-I or 6-G of the sentencing guidelines grid for nondrug crimes or in grid blocks 3-E, 3-F, 3-G, 3-H or 3-I of the sentencing guidelines grid for drug crimes, the court shall consider placement of the defendant in the Labette correctional conservation camp, conservation camps established by the secretary of corrections pursuant to K.S.A. 75-52,127, and amendment thereto, or a community intermediate sanction center. Pursuant to this paragraph the defendant shall not be sentenced to imprisonment if space is available in a conservation camp or a community intermediate sanction center and the defendant meets all of the conservation camps or a community intermediate sanction centers placement criteria unless the court states on the record the reasons for not placing the defendant in a conservation camp or a community intermediate sanction center. (h) The court in committing a defendant to the custody of the secretary of corrections shall fix a term of confinement within the limits provided by law. In those cases where the law does not fix a term of confinement for the crime for which the defendant was convicted, the court shall fix the term of such confinement. (i) In addition to any of the above, the court shall order the defendant to reimburse the state general fund for all or a part of the expenditures by the state board of indigents defense services to provide counsel and other defense services to the defendant. In determining the amount and method of payment of such sum, the court shall take account of the financial resources of the defendant and the nature of the burden that payment of such sum will impose. A defendant who has been required to pay such sum and who is not willfully in default in the payment thereof may at any time petition the court which sentenced the defendant to waive payment of such sum or any unpaid portion thereof. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardship on the defendant or the defendants immediate family, the court may waive payment of all or part of the amount due or modify the method of payment. The amount of attorney fees to be included in the court order for reimbursement shall be the amount claimed by appointed counsel on the payment voucher for indigents defense services or the amount prescribed by the board of indigents defense services reimbursement tables as provided in K.S.A. 22-4522, and amendments thereto, whichever is less. (j) This section shall not deprive the court of any authority conferred by any other Kansas statute to decree a forfeiture of property, suspend or cancel a license, remove a person from office or impose any other civil penalty as a result of conviction of crime. (k) An application for or acceptance of probation or assignment to a community correctional services program shall not constitute an acquiescence in the judgment for purpose of appeal, and any convicted person may appeal from such conviction, as provided by law, without regard to whether such person has applied for probation, suspended sentence or assignment to a community correctional services program. (l) The secretary of corrections is authorized to make direct placement to the Labette correctional conservation camp or a conservation camp established by the secretary pursuant to K.S.A. 7552,127, and amendments thereto, of an inmate sentenced to the secretarys custody if the inmate: (1) Has been sentenced to the secretary for a probation revocation, as a departure from the presumptive nonimprisonment grid block of either sentencing grid, for an offense which is classified in grid blocks 5-H, 5-I, or 6-G of the sentencing guidelines grid for nondrug crimes or in grid blocks 3-E, 3-F, 3-G, 3-H or 3-I of the sentencing guidelines grid for drug crimes, or for an offense which is classified in grid blocks 4-E or 4F of the sentencing guidelines grid for drug crimes and such offense does not meet the requirements of section 305 of chapter 136
of the 2010 Session Laws of Kansas, and amendments thereto, and (2) otherwise meets admission criteria of the camp. If the inmate successfully completes a conservation camp program, the secretary of corrections shall report such completion to the sentencing court and the county or district attorney. The inmate shall then be assigned by the court to six months of follow-up supervision conducted by the appropriate community corrections services program. The court may also order that supervision continue thereafter for the length of time authorized by section 305 of chapter 136 of the 2010 Session Laws of Kansas, and amendments thereto. (m) When it is provided by law that a person shall be sentenced pursuant to K.S.A. 1993 Supp. 21-4628, prior to its repeal, the provisions of this section shall not apply. (n) Except as provided by subsection (f) of section 286 of chapter 136 of the 2010 Session Laws of Kansas, and amendments thereto, in addition to any of the above, for felony violations of K.S.A. 2009 2010 Supp. 21-36a06, and amendments thereto, the court shall require the defendant who meets the requirements established in section 305 of chapter 136 of the 2010 Session Laws of Kansas, and amendments thereto, to participate in a certified drug abuse treatment program, as provided in K.S.A. 2009 2010 Supp. 75-52,144, and amendments thereto, including, but not limited to, an approved after-care plan. If the defendant fails to participate in or has a pattern of intentional conduct that demonstrates the offenders refusal to comply with or participate in the treatment program, as established by judicial finding, the defendant shall be subject to revocation of probation and the defendant shall serve the underlying prison sentence as established in section 305 of chapter 136 of the 2010 Session Laws of Kansas, and amendments thereto. For those offenders who are convicted on or after the effective date of this act, upon completion of the underlying prison sentence, the defendant shall not be subject to a period of postrelease supervision. The amount of time spent participating in such program shall not be credited as service on the underlying prison sentence. (o) (1) Except as provided in paragraph (3), in addition to any other penalty or disposition imposed by law, upon a conviction for unlawful possession of a controlled substance or controlled substance analog in violation of K.S.A. 2009 2010 Supp. 21-36a06, and amendments thereto, in which the trier of fact makes a finding that the unlawful possession occurred while transporting the controlled substance or controlled substance analog in any vehicle upon a highway or street, the offenders drivers license or privilege to operate a motor vehicle on the streets and highways of this state shall be suspended for one year. (2) Upon suspension of a license pursuant to this subsection, the court shall require the person to surrender the license to the court, which shall transmit the license to the division of motor vehicles of the department of revenue, to be retained until the period of suspension expires. At that time, the licensee may apply to the division for return of the license. If the license has expired, the person may apply for a new license, which shall be issued promptly upon payment of the proper fee and satisfaction of other conditions established by law for obtaining a license unless another suspension or revocation of the persons privilege to operate a motor vehicle is in effect. (3) (A) In lieu of suspending the drivers license or privilege to operate a motor vehicle on the highways of this state of any person as provided in paragraph (1), the judge of the court in which such person was convicted may enter an order which places conditions on such persons privilege of operating a motor vehicle on the highways of this state, a certified copy of which such person shall be required to carry any time such person is operating a motor vehicle on the highways of this state. Any such order shall prescribe the duration of the conditions imposed, which in no event shall be for a period of more than one year. (B) Upon entering an order restricting a persons license hereunder, the judge shall require such person to surrender such persons drivers license to the judge who shall cause it to be transmitted to the division of vehicles, together with a copy of the order. Upon receipt thereof, the division of vehicles shall issue without charge a drivers license which shall indicate on its face that conditions have been imposed on such persons privilege of operating a motor vehicle and that a certified copy of the order imposing such conditions is required to be carried by the person for whom the license was issued any time such person is operating a motor
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vehicle on the highways of this state. If the person convicted is a nonresident, the judge shall cause a copy of the order to be transmitted to the division and the division shall forward a copy of it to the motor vehicle administrator, of such persons state of residence. Such judge shall furnish to any person whose drivers license has had conditions imposed on it under this paragraph a copy of the order, which shall be recognized as a valid Kansas drivers license until such time as the division shall issue the restricted license provided for in this paragraph. (C) Upon expiration of the period of time for which conditions are imposed pursuant to this subsection, the licensee may apply to the division for the return of the license previously surrendered by such licensee. In the event such license has expired, such person may apply to the division for a new license, which shall be issued immediately by the division upon payment of the proper fee and satisfaction of the other conditions established by law, unless such persons privilege to operate a motor vehicle on the highways of this state has been suspended or revoked prior thereto. If any person shall violate any of the conditions imposed under this paragraph, such persons drivers license or privilege to operate a motor vehicle on the highways of this state shall be revoked for a period of not less than 60 days nor more than one year by the judge of the court in which such person is convicted of violating such conditions. (4) As used in this subsection, highway and street have the meanings provided by K.S.A. 8-1424 and 8-1473, and amendments thereto. Sec. 4. K.S.A. 2010 Supp. 21-4603d and 22-2802 are hereby repealed. Sec. 5. On and after July 1, 2011, section 244 of chapter 136 of the 2010 Session Laws of Kansas is hereby repealed. Sec. 6. This act shall take effect and be in force from and after its publication in the Kansas Register.
SENATE BILL No. 80

AN ACT concerning alcoholic beverages; amending K.S.A. 2010 Supp. 41-102, 41-308b and 41-2703 and repealing the existing sections. Be it enacted by the Legislature of the State of Kansas: Section 1. K.S.A. 2010 Supp. 41-102 is hereby amended to read as follows: 41-102. As used in this act, unless the context clearly requires otherwise: (a) Alcohol means the product of distillation of any fermented liquid, whether rectified or diluted, whatever its origin, and includes synthetic ethyl alcohol but does not include denatured alcohol or wood alcohol. (b) Alcoholic liquor means alcohol, spirits, wine, beer and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer and capable of being consumed as a beverage by a human being, but shall not include any cereal malt beverage. (c) Beer means a beverage, containing more than 3.2% alcohol by weight, obtained by alcoholic fermentation of an infusion or concoction of barley, or other grain, malt and hops in water and includes beer, ale, stout, lager beer, porter and similar beverages having such alcoholic content. (d) Caterer has the meaning provided by K.S.A. 41-2601, and amendments thereto. (e) Cereal malt beverage has the meaning provided by K.S.A. 41-2701, and amendments thereto. (f) Club has the meaning provided by K.S.A. 41-2601, and amendments thereto. (g) Director means the director of alcoholic beverage control of the department of revenue. (h) Distributor means the person importing or causing to be imported into the state, or purchasing or causing to be purchased within the state, alcoholic liquor for sale or resale to retailers licensed under this act or cereal malt beverage for sale or resale to retailers licensed under K.S.A. 41-2702, and amendments thereto. (i) Domestic beer means beer which contains not more than 8% 10% alcohol by weight and which is manufactured in this state.
(j) Domestic fortified wine means wine which contains more than 14%, but not more than 20% alcohol by volume and which is manufactured in this state. (k) Domestic table wine means wine which contains not more than 14% alcohol by volume and which is manufactured without rectification or fortification in this state. (l) Drinking establishment has the meaning provided by K.S.A. 41-2601, and amendments thereto. (m) Farm winery means a winery licensed by the director to manufacture, store and sell domestic table wine and domestic fortified wine. (n) Manufacture means to distill, rectify, ferment, brew, make, mix, concoct, process, blend, bottle or fill an original package with any alcoholic liquor, beer or cereal malt beverage. (o) (1) Manufacturer means every brewer, fermenter, distiller, rectifier, wine maker, blender, processor, bottler or person who fills or refills an original package and others engaged in brewing, fermenting, distilling, rectifying or bottling alcoholic liquor, beer or cereal malt beverage. (2) Manufacturer does not include a microbrewery or a farm winery. (p) Microbrewery means a brewery licensed by the director to manufacture, store and sell domestic beer. (q) Minor means any person under 21 years of age. (r) Nonbeverage user means any manufacturer of any of the products set forth and described in K.S.A. 41-501, and amendments thereto, when the products contain alcohol or wine, and all laboratories using alcohol for nonbeverage purposes. (s) Original package means any bottle, flask, jug, can, cask, barrel, keg, hogshead or other receptacle or container whatsoever, used, corked or capped, sealed and labeled by the manufacturer of alcoholic liquor, to contain and to convey any alcoholic liquor. Original container does not include a sleeve. (t) Person means any natural person, corporation, partnership, trust or association. (u) Primary American source of supply means the manufacturer, the owner of alcoholic liquor at the time it becomes a marketable product or the manufacturers or owners exclusive agent who, if the alcoholic liquor cannot be secured directly from such manufacturer or owner by American wholesalers, is the source closest to such manufacturer or owner in the channel of commerce from which the product can be secured by American wholesalers. (v) (1) Retailer means a person who sells at retail, or offers for sale at retail, alcoholic liquors. (2) Retailer does not include a microbrewery or a farm winery. (w) Sale means any transfer, exchange or barter in any manner or by any means whatsoever for a consideration and includes all sales made by any person, whether principal, proprietor, agent, servant or employee. (x) Salesperson means any natural person who: (1) Procures or seeks to procure an order, bargain, contract or agreement for the sale of alcoholic liquor or cereal malt beverage; or (2) is engaged in promoting the sale of alcoholic liquor or cereal malt beverage, or in promoting the business of any person, firm or corporation engaged in the manufacturing and selling of alcoholic liquor or cereal malt beverage, whether the seller resides within the state of Kansas and sells to licensed buyers within the state of Kansas, or whether the seller resides without the state of Kansas and sells to licensed buyers within the state of Kansas. (y) Secretary means the secretary of revenue. (z) (1) Sell at retail and sale at retail refer to and mean sales for use or consumption and not for resale in any form and sales to clubs, licensed drinking establishments, licensed caterers or holders of temporary permits. (2) Sell at retail and sale at retail do not refer to or mean sales by a distributor, a microbrewery, a farm winery, a licensed club, a licensed drinking establishment, a licensed caterer or a holder of a temporary permit. (aa) To sell includes to solicit or receive an order for, to keep or expose for sale and to keep with intent to sell. (bb) Sleeve means a package of two or more 50-milliliter (3.2fluid-ounce) containers of spirits.
(continued)
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(cc) Spirits means any beverage which contains alcohol obtained by distillation, mixed with water or other substance in solution, and includes brandy, rum, whiskey, gin or other spirituous liquors, and such liquors when rectified, blended or otherwise mixed with alcohol or other substances. (dd) Supplier means a manufacturer of alcoholic liquor or cereal malt beverage or an agent of such manufacturer, other than a salesperson. (ee) Temporary permit has the meaning provided by K.S.A. 41-2601, and amendments thereto. (ff) Wine means any alcoholic beverage obtained by the normal alcoholic fermentation of the juice of sound, ripe grapes, fruits, berries or other agricultural products, including such beverages containing added alcohol or spirits or containing sugar added for the purpose of correcting natural deficiencies. Sec. 2. K.S.A. 2010 Supp. 41-308b is hereby amended to read as follows: 41-308b. (a) A microbrewery license shall allow: (1) The manufacture of not less than 100 nor more than 15,000 barrels of domestic beer during the license year and the storage thereof; (2) the sale to beer distributors of beer, manufactured by the licensee; (3) the sale, on the licensed premises in the original unopened container to consumers for consumption off the licensed premises, of beer manufactured by the licensee; (4) the serving free of charge on the licensed premises and at special events, monitored and regulated by the divison of alcoholic beverage control, of samples of beer manufactured by the licensee, if the premises are located in a county where the sale of alcoholic liquor is permitted by law in licensed drinking establishments; (5) if the licensee is also licensed as a club or drinking establishment, the sale of domestic beer and other alcoholic liquor for consumption on the licensed premises as authorized by the club and drinking establishment act; and (6) if the licensee is also licensed as a caterer, the sale of domestic beer and other alcoholic liquor for consumption on unlicensed premises as authorized by the club and drinking establishment act. (b) Upon application and payment of the fee prescribed by K.S.A. 41-310, and amendments thereto, by a microbrewery licensee, the director may issue not to exceed one microbrewery packaging and warehousing facility license to the microbrewery licensee. A microbrewery packaging and warehousing facility license shall allow: (1) The transfer, from the licensed premises of the microbrewery to the licensed premises of the microbrewery packaging and warehousing facility, of beer manufactured by the licensee, for the purpose of packaging or storage, or both; and (2) the transfer, from the licensed premises of the microbrewery packaging and warehousing facility to the licensed premises of the microbrewery, of beer manufactured by the licensee; or (3) the removal from the licensed premises of the microbrewery packaging and warehousing facility of beer manufactured by the licensee for the purpose of delivery to a licensed beer wholesaler. (c) A microbrewery may sell domestic beer in the original unopened container to consumers for consumption off the licensed premises at any time between 6 a.m. and 12 midnight on any day except Sunday and between 11 a.m. and 7 p.m. on Sunday. If authorized by subsection (a), a microbrewery may serve samples of domestic beer and serve and sell domestic beer and other alcoholic liquor for consumption on the licensed premises at any time when a club or drinking establishment is authorized to serve and sell alcoholic liquor. (d) The director may issue to the Kansas state fair or any bona fide group of brewers a permit to import into this state small quantities of beer. Such beer shall be used only for bona fide educational and scientific tasting programs and shall not be resold. Such beer shall not be subject to the tax imposed by K.S.A. 41-501, and amendments thereto. The permit shall identify specifically the brand and type of beer to be imported, the quantity to be imported, the tasting programs for which the beer is to be used and the times and locations of such programs. The secretary shall adopt rules and regulations governing the importation of beer pursuant to this subsection and the conduct of tasting programs for which such beer is imported.
(e) A microbrewery license or microbrewery packaging and warehousing facility license shall apply only to the premises described in the application and in the license issued and only one location shall be described in the license. (f) No microbrewery shall: (1) Employ any person under the age of 18 years in connection with the manufacture, sale or serving of any alcoholic liquor; (2) permit any employee of the licensee who is under the age of 21 years to work on the licensed premises at any time when not under the on-premises supervision of either the licensee or an employee of the licensee who is 21 years of age or over; (3) employ any person under 21 years of age in connection with mixing or dispensing alcoholic liquor; or (4) employ any person in connection with the manufacture or sale of alcoholic liquor if the person has been convicted of a felony. (g) Whenever a microbrewery licensee is convicted of a violation of the Kansas liquor control act, the director may revoke the licensees license and all fees paid for the license in accordance with the Kansas administrative procedure act. Sec. 3. K.S.A. 2010 Supp. 41-2703 is hereby amended to read as follows: 41-2703. (a) After examination of an application for a retailers license, the board of county commissioners or the director shall, if they approve the same, issue a license to the applicant. The governing body of the city shall, if the applicant is qualified as provided by law, issue a license to such applicant. (b) No retailers license shall be issued to: (1) A person who is not a resident of the county in which the place of business covered by the license is located, has not been a resident of such county for at least six months or has not been a resident in good faith of the state of Kansas. (2) A person who has not been a resident of this state for at least one year immediately preceding application for a retailers license. (3) A person who is not of good character and reputation in the community in which the person resides. (4) A person who is not a citizen of the United States. (5) A person who, within two years immediately preceding the date of application approval, has been convicted of, released from incarceration for or released from probation or parole for a felony or any crime involving moral turpitude, drunkenness, driving a motor vehicle while under the influence of intoxicating liquor or violation of any other intoxicating liquor law of any state or of the United States. (6) A partnership, unless all the members of the partnership are otherwise qualified to obtain a license. (7) A corporation, if any manager, officer or director thereof, or any stockholder owning in the aggregate more than 25% of the stock of such corporation, would be ineligible to receive a license hereunder for any reason other than the citizenship and residency requirements. (8) A person whose place of business is conducted by a manager or agent unless the manager or agent possesses all the qualifications of a licensee. (9) A person whose spouse would be ineligible to receive a retailers license for any reason other than citizenship, residence requirements or age, except that this subsection (b)(9) shall not apply in determining eligibility for a renewal license. (10) A person whose spouse has been convicted of a felony or other crime which would disqualify a person from licensure under this section and such felony or other crime was committed during the time that the spouse held a license under this act. (c) After examination of an application for a retailers license, the board of county commissioners or the governing body of a city may deny a license to a person, partnership or corporation if any manager, officer or director thereof, or any stockholder owning in the aggregate more than 25% of the stock of such corporation, has been an officer, manager, director or a stockholder owning in the aggregate more than 25% of the stock, of a corporation which has: (1) Had a retailers license revoked under K.S.A. 41-2708, and amendments thereto; or (2) been convicted of a violation of the club and drinking establishment act or the cereal malt beverage laws of this state. (d) Retailers licenses shall be issued either on an annual basis or for the calendar year. If such licenses are issued on an annual basis, the board of county commissioners or the governing body
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of the city shall notify the distributors supplying the county or city on or before April 1 of the year if a retailers license is not renewed. (e) In addition to, and consistent with the requirements of K.S.A. 412701 et seq., and amendments thereto, the board of county commissioners of any county or the governing body of any city may provide by resolution or ordinance for the issuance of a special event retailers permit which shall allow the permit holder to offer for sale, sell and serve cereal malt beverage for consumption on unpermitted premises, which may be open to the public, subject to the following: (1) A special event retailers permit shall specify the premises for which the permit is issued; (2) a special event retailers permit shall be issued for the duration of the special event, the dates and hours of which shall be specified in the permit; (3) no more than four special event retailers permits may be issued to any one applicant in a calendar year; and (4) a special event retailers permit shall not be transferable or assignable. (f) A special event retailers permit holder shall not be subject to the provisions of the beer and cereal malt beverage keg registration act, K.S.A. 41-2901 et seq., and amendments thereto. Sec. 4. K.S.A. 2010 Supp. 41-102, 41-308b and 41-2703 are hereby repealed. Sec. 5. This act shall take effect and be in force from and after its publication in the Kansas register.
SUBSTITUTE FOR HOUSE BILL No. 2134

AN ACT concerning workers compensation; amending K.S.A. 44503a, 44-510c, 44-510d, 44-510e, 44-510f, 44-515, 44-516, 44-520, 44-525, 44-528, 44-531, 44-532a, 44-534a, 44-536 , 44-549 and 445a01 and K.S.A. 2010 Supp. 44-501, 44-508, 44-510b, 44-510h, 44510k, 44-511, 44-523, and 44-552 and repealing the existing sections; also repealing K.S.A. 44-510a and 44-520a and K.S.A. 2010 Supp. 44-596. Be it enacted by the Legislature of the State of Kansas: New Section 1. (a) It is the intent of the legislature that the workers compensation act shall be liberally construed only for the purpose of bringing employers and employees within the provisions of the act. The provisions of the workers compensation act shall be applied impartially to both employers and employees in cases arising thereunder. (b) If in any employment to which the workers compensation act applies, an employee suffers personal injury by accident, repetitive trauma or occupational disease arising out of and in the course of employment, the employer shall be liable to pay compensation to the employee in accordance with and subject to the provisions of the workers compensation act. (c) The burden of proof shall be on the claimant to establish the claimants right to an award of compensation and to prove the various conditions on which the claimants right depends. In determining whether the claimant has satisfied this burden of proof, the trier of fact shall consider the whole record. (d) Except as provided in the workers compensation act, no employer, or other employee of such employer, shall be liable for any injury, whether by accident, repetitive trauma, or occupational disease, for which compensation is recoverable under the workers compensation act nor shall an employer be liable to any third party for any injury or death of an employee which was caused under circumstances creating a legal liability against a third party and for which workers compensation is payable by such employer. New Sec. 2. (a) An insurer or self-insured employer shall provide the following notice to an insured worker on or with the first check for temporary disability benefits: Warning: Acceptance of employment with a different employer that requires the performance of activities you have stated you cannot perform because of the injury for which you are receiving temporary disability benefits could constitute fraud and could result in loss of future benefits and restitution of prior workers compensation awards and benefits paid.
(b) This section shall be part of and supplemental to the workers compensation act. Sec. 3. K.S.A. 2010 Supp. 44-501 is hereby amended to read as follows: 44-501. (a) If in any employment to which the workers compensation act applies, personal injury by accident arising out of and in the course of employment is caused to an employee, the employer shall be liable to pay compensation to the employee in accordance with the provisions of the workers compensation act. In proceedings under the workers compensation act, the burden of proof shall be on the claimant to establish the claimants right to an award of compensation and to prove the various conditions on which the claimants right depends. In determining whether the claimant has satisfied this burden of proof, the trier of fact shall consider the whole record. (b) Except as provided in the workers compensation act, no employer, or other employee of such employer, shall be liable for any injury for which compensation is recoverable under the workers compensation act nor shall an employer be liable to any third party for any injury or death of an employee which was caused under circumstances creating a legal liability against a third party and for which workers compensation is payable by such employer. (c) The employee shall not be entitled to recover for the aggravation of a preexisting condition, except to the extent that the workrelated injury causes increased disability. Any award of compensation shall be reduced by the amount of functional impairment determined to be preexisting. (d) (1) If the injury to the employee results from the employees deliberate intention to cause such injury; or from the employees willful failure to use a guard or protection against accident required pursuant to any statute and provided for the employee, or a reasonable and proper guard and protection voluntarily furnished the employee by the employer, any compensation in respect to that injury shall be disallowed. (2) (a) (1) Compensation for an injury shall be disallowed if such injury to the employee results from: (A) The employees deliberate intention to cause such injury; (B) the employees willful failure to use a guard or protection against accident or injury which is required pursuant to any statute and provided for the employee; (C) the employees willful failure to use a reasonable and proper guard and protection voluntarily furnished the employee by the employer; (D) the employees reckless violation of their employers workplace safety rules or regulations; or (E) the employees voluntary participation in fighting or horseplay with a co-employee for any reason, work related or otherwise. (2) Subparagraphs (B) and (C) of paragraph (1) of subsection (a) shall not apply when it was reasonable under the totality of the circumstances to not use such equipment, or if the employer approved the work engaged in at the time of an accident or injury to be performed without such equipment. (b) (1) (A) The employer shall not be liable under the workers compensation act where the injury, disability or death was contributed to by the employees use or consumption of alcohol or any drugs, chemicals or any other compounds or substances, including, but not limited to, any drugs or medications which are available to the public without a prescription from a health care provider, prescription drugs or medications, any form or type of narcotic drugs, marijuana, stimulants, depressants or hallucinogens. (B) In the case of drugs or medications which are available to the public without a prescription from a health care provider and prescription drugs or medications, compensation shall not be denied if the employee can show that such drugs or medications were being taken or used in therapeutic doses and there have been no prior incidences of the employees impairment on the job as the result of the use of such drugs or medications within the previous 24 months. (C) It shall be conclusively presumed that the employee was impaired due to alcohol or drugs if it is shown that, at the time of the injury, that the employee had an alcohol concentration of .04 or more, or a GCMS confirmatory test by quantitative analysis showing a concentration at or above the levels shown on the following chart for the drugs of abuse listed:
Confirmatory test cutoff levels (ng/ml) Marijuana metabolite 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 (continued)
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Cocaine metabolite 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150 Opiates: 2000 Morphine . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Codeine . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2000 6-Acetylmorphine 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 ng/ml Phencyclidine . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Amphetamines: 500 Amphetamine . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Methamphetamine 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 500 Delta-9-tetrahydrocannabinol-9-carboxylic acid. Benzoylecgonine. 3 Specimen must also contain amphetamine at a concentration greater than or equal to 200 ng/ml. 4 Test for 6-AM when morphine concentration exceeds 2,000 ng/ml.
1 2
(D) If it is shown that the employee was impaired pursuant to subsection (b)(1)(C) at the time of the injury, there shall be a rebuttable presumption that the accident, injury, disability or death was contributed to by such impairment. The employee may overcome the presumption of contribution by clear and convincing evidence. (E) An employees refusal to submit to a chemical test shall not be admissible evidence to prove impairment unless there was probable cause to believe that the employee used, possessed or was impaired by a drug or alcohol while working. at the request of the employer shall result in the forfeiture of benefits under the workers compensation act if the employer had sufficient cause to suspect the use of alcohol or drugs by the claimant or if the employers policy clearly authorizes post-injury testing. (2) The results of a chemical test shall not be admissible evidence to prove impairment unless the following conditions were met if the employer establishes that the testing was done under any of the following circumstances: (A) As a result of an employer mandated drug testing policy, in place in writing prior to the date of accident or injury, requiring any worker to submit to testing for drugs or alcohol; (B) during an autopsy or in the normal course of medical treatment for reasons related to the health and welfare of the injured worker and not at the direction of the employer; (C) the worker, prior to the date and time of the accident or injury, gave written consent to the employer that the worker would voluntarily submit to a chemical test for drugs or alcohol following any accident or injury; (D) the worker voluntarily agrees to submit to a chemical test for drugs or alcohol following any accident or injury; or (E) as a result of federal or state law or a federal or state rule or regulation having the force and effect of law requiring a post-injury testing program and such required program was properly implemented at the time of testing. (3) Notwithstanding subsection (b)(2), the results of a chemical test performed on a sample collected by an employer shall not be admissible evidence to prove impairment unless the following conditions are met: (A) There was probable cause to believe that the employee used, had possession of, or was impaired by the drug or alcohol while working; (B) The test sample was collected at a time contemporaneous with the events establishing probable cause within a reasonable time following the accident or injury; (C)(B) the collecting and labeling of the test sample was performed by or under the supervision of a licensed health care professional; (D)(C) the test was performed by a laboratory approved by the United States department of health and human services or licensed by the department of health and environment, except that a blood sample may be tested for alcohol content by a laboratory commonly used for that purpose by state law enforcement agencies; (E)(D) the test was confirmed by gas chromatography-mass spectroscopy or other comparably reliable analytical method, except that no such confirmation is required for a blood alcohol sample; and (F)(E) the foundation evidence must establish, beyond a reasonable doubt, that the test results were from the sample taken from the employee.; and (F) a split sample sufficient for testing shall be retained and made available to the employee within 48 hours of a positive test.
(3) For purposes of satisfying the probable cause requirement of subsection (d)(2)(A) of this section, the employer shall be deemed to have met their burden of proof on this issue by establishing any of the following circumstances: (A) The testing was done as a result of an employer mandated drug testing policy, in place in writing prior to the date of accident, requiring any worker to submit to testing for drugs or alcohol if they are involved in an accident which requires medical attention; (B) the testing was done in the normal course of medical treatment for reasons related to the health and welfare of the injured worker and was not at the direction of the employer; however, the request for GCMS testing for purposes of confirmation, required by subsection (d)(2)(E) of this section, may have been at the employers request; (C) the worker, prior to the date and time of the accident, gave written consent to the employer that the worker would voluntarily submit to a chemical test for drugs or alcohol following any accident requiring the worker to obtain medical treatment for the injuries suffered. If after suffering an accident requiring medical treatment, the worker refuses to submit to a chemical test for drugs or alcohol, this refusal shall be considered evidence of impairment, however, there must be evidence that the presumed impairment contributed to the accident as required by this section; or (D) the testing was done as a result of federal or state law or a federal or state rule or regulation having the force and effect of law requiring a post accident testing program and such required program was properly implemented at the time of testing. (e)(c) Compensation shall not be paid in case of coronary or coronary artery disease or cerebrovascular injury unless it is shown that the exertion of the work necessary to precipitate the disability was more than the employees usual work in the course of the employees regular employment. (f)(d) Except as provided in the workers compensation act, no construction design professional who is retained to perform professional services on a construction project or any employee of a construction design professional who is assisting or representing the construction design professional in the performance of professional services on the site of the construction project, shall be liable for any injury resulting from the employers failure to comply with safety standards on the construction project for which compensation is recoverable under the workers compensation act, unless responsibility for safety practices is specifically assumed by contract. The immunity provided by this subsection to any construction design professional shall not apply to the negligent preparation of design plans or specifications. (g) It is the intent of the legislature that the workers compensation act shall be liberally construed for the purpose of bringing employers and employees within the provisions of the act to provide the protections of the workers compensation act to both. The provisions of the workers compensation act shall be applied impartially to both employers and employees in cases arising thereunder. (h)(e) An award of compensation for permanent partial impairment, work disability, or permanent total disability shall be reduced by the amount of functional impairment determined to be preexisting. Any such reduction shall not apply to temporary total disability, nor shall it apply to compensation for medical treatment. (1) Where workers compensation benefits have previously been awarded through settlement or judicial or administrative determination in Kansas, the percentage basis of the prior settlement or award shall conclusively establish the amount of functional impairment determined to be preexisting. Where workers compensation benefits have not previously been awarded through settlement or judicial or administrative determination in Kansas, the amount of preexisting functional impairment shall be established by competent evidence. (2) In all cases, the applicable reduction shall be calculated as follows: (A) If the preexisting impairment is the result of injury sustained while working for the employer against whom workers compensation benefits are currently being sought, any award of compensation shall be reduced by the current dollar value attributable under the workers compensation act to the percentage of functional impairment determined to be preexisting. The current dollar value shall be calculated by multiplying the percentage of preexisting impairment by the compensation rate in effect on the date of the accident or injury against which the reduction will be applied.
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(B) In all other cases, the employer against whom benefits are currently being sought shall be entitled to a credit for the percentage of preexisting impairment. (f) If the employee is receiving receives, whether periodically or by lump sum, retirement benefits under the federal social security act or retirement benefits from any other retirement system, program, policy or plan which is provided by the employer against which the claim is being made, any compensation benefit payments which the employee is eligible to receive under the workers compensation act for such claim shall be reduced by the weekly equivalent amount of the total amount of all such retirement benefits, less any portion of any such retirement benefit, other than retirement benefits under the federal social security act, that is attributable to payments or contributions made by the employee, but in no event shall the workers compensation benefit be less than the workers compensation benefit payable for the employees percentage of functional impairment. Where the employee elects to take retirement benefits in a lump sum, the lump sum payment shall be amortized at the rate of 4% per year over the employees life expectancy to determine the weekly equivalent value of the benefits. Sec. 4. K.S.A. 44-503a is hereby amended to read as follows: 44503a. Whenever an employee is engaged in multiple employment, in which such employee performs the same or a very similar type of work on a part-time basis for each of two (2) or more employers, and such employee sustains an injury by accident which arose out of and in the course of the multiple employment with all such employers, and which did not clearly arise out of and in the course of employment with any particular employer, all such employers shall be liable to pay a proportionate amount of the compensation payable under the workmens compensation act as follows: Each such employer shall be liable for such proportion of the total amount of compensation which is required to be paid by all such employers, as the average gross weekly wages paid to the employee by such employer, bears to the total average gross weekly wages paid to the employee by all such employers, determined as provided in subsection (b) (7) (3) of K.S.A. 44-511, as amended and amendments thereto. Sec. 5. K.S.A. 2010 Supp. 44-508 is hereby amended to read as follows: 44-508. As used in the workers compensation act: (a) Employer includes: (1) Any person or body of persons, corporate or unincorporate unincorporated, and the legal representative of a deceased employer or the receiver or trustee of a person, corporation, association or partnership; (2) the state or any department, agency or authority of the state, any city, county, school district or other political subdivision or municipality or public corporation and any instrumentality thereof; and (3) for the purposes of community service work, the entity for which the community service work is being performed and the governmental agency which assigned the community service work, if any, if either such entity or such governmental agency has filed a written statement of election with the director to accept the provisions under the workers compensation act for persons performing community service work and in such case such entity and such governmental agency shall be deemed to be the joint employer of the person performing the community service work and both shall have the rights, liabilities and immunities provided under the workers compensation act for an employer with regard to the community service work, except that the liability for providing benefits shall be imposed only on the party which filed such election with the director, or on both if both parties have filed such election with the director; for purposes of community service work, governmental agency shall not include any court or any officer or employee thereof and any case where there is deemed to be a joint employer shall not be construed to be a case of dual or multiple employment. (b) Workman or employee or worker means any person who has entered into the employment of or works under any contract of service or apprenticeship with an employer. Such terms shall include but not be limited to: Executive officers of corporations; professional athletes; persons serving on a volunteer basis as duly authorized law enforcement officers, attendants, as defined in subsection (d) of K.S.A. 65-6112, and amendments thereto, drivers of ambulances as defined in subsection (b) of K.S.A. 65-6112, and amendments thereto, firefighters, but only to the extent and during such periods as they are so serving in such capacities; per-
sons employed by educational, religious and charitable organizations, but only to the extent and during the periods that they are paid wages by such organizations; persons in the service of the state, or any department, agency or authority of the state, any city, school district, or other political subdivision or municipality or public corporation and any instrumentality thereof, under any contract of service, express or implied, and every official or officer thereof, whether elected or appointed, while performing official duties; persons in the service of the state as volunteer members of the Kansas department of civil air patrol, but only to the extent and during such periods as they are officially engaged in the performance of functions specified in K.S.A. 48-3302, and amendments thereto; volunteers in any employment, if the employer has filed an election to extend coverage to such volunteers; minors, whether such minors are legally or illegally employed; and persons performing community service work, but only to the extent and during such periods as they are performing community service work and if an election has been filed an election to extend coverage to such persons. Any reference to an employee who has been injured shall, where the employee is dead, include a reference to the employees dependents, to the employees legal representatives, or, if the employee is a minor or an incapacitated person, to the employees guardian or conservator. Unless there is a valid election in effect which has been filed as provided in K.S.A. 44-542a, and amendments thereto, such terms shall not include individual employers, limited liability company members, partners or self-employed persons. (c) (1) Dependents means such members of the employees family as were wholly or in part dependent upon the employee at the time of the accident or injury. (2) Members of a family means only surviving legal spouse and children; or if no surviving legal spouse or children, then parents or grandparents; or if no parents or grandparents, then grandchildren; or if no grandchildren, then brothers and sisters. In the meaning of this section, parents include stepparents, children include stepchildren, grandchildren include stepgrandchildren, brothers and sisters include stepbrothers and stepsisters, and children and parents include that relation by legal adoption. In the meaning of this section, a surviving spouse shall not be regarded as a dependent of a deceased employee or as a member of the family, if the surviving spouse shall have for more than six months willfully or voluntarily deserted or abandoned the employee prior to the date of the employees death. (3) Wholly dependent child or children means: (A) A birth child or adopted child of the employee except such a child whose relationship to the employee has been severed by adoption; (B) a stepchild of the employee who lives in the employees household; (C) any other child who is actually dependent in whole or in part on the employee and who is related to the employee by marriage or consanguinity; or (D) any child as defined in subsections subsection (c)(3)(A), (3)(B) or (3)(C) who is less than 23 years of age and who is not physically or mentally capable of earning wages in any type of substantial and gainful employment or who is a full-time student attending an accredited institution of higher education or vocational education. (d) Accident means an undesigned, sudden and unexpected traumatic event or events, usually of an afflictive or unfortunate nature and often, but not necessarily, accompanied by a manifestation of force. The elements of an accident, as stated herein, are not to be construed in a strict and literal sense, but in a manner designed to effectuate the purpose of the workers compensation act that the employer bear the expense of accidental injury to a worker caused by the employment. In cases where the accident occurs as a result of a series of events, repetitive use, cumulative traumas or microtraumas, the date of accident shall be the date the authorized physician takes the employee off work due to the condition or restricts the employee from performing the work which is the cause of the condition. In the event the worker is not taken off work or restricted as above described, then the date of injury shall be the earliest of the following dates: (1) The date upon which the employee gives written notice to the employer of the injury; or
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(2) the date the condition is diagnosed as work related, provided such fact is communicated in writing to the injured worker. In cases where none of the above criteria are met, then the date of accident shall be determined by the administrative law judge based on all the evidence and circumstances; and in no event shall the date of accident be the date of, or the day before the regular hearing. Nothing in this subsection shall be construed to preclude a workers right to make a claim for aggravation of injuries under the workers compensation act. An accident shall be identifiable by time and place of occurrence, produce at the time symptoms of an injury, and occur during a single work shift. The accident must be the prevailing factor in causing the injury. Accident shall in no case be construed to include repetitive trauma in any form. (e) Repetitive trauma refers to cases where an injury occurs as a result of repetitive use, cumulative traumas or microtraumas. The repetitive nature of the injury must be demonstrated by diagnostic or clinical tests. The repetitive trauma must be the prevailing factor in causing the injury. Repetitive trauma shall in no case be construed to include occupational disease, as defined in K.S.A. 44-5a01, and amendments thereto. In the case of injury by repetitive trauma, the date of injury shall be the earliest of: (1) The date the employee, while employed for the employer against whom benefits are sought, is taken off work by a physician due to the diagnosed repetitive trauma; (2) the date the employee, while employed for the employer against whom benefits are sought, is placed on modified or restricted duty by a physician due to the diagnosed repetitive trauma; (3) the date the employee, while employed for the employer against whom benefits are sought, is advised by a physician that the condition is work-related; or (4) the last day worked, if the employee no longer works for the employer against whom benefits are sought. In no case shall the date of accident be later than the last date worked. (e)(f) (1) Personal injury and injury mean any lesion or change in the physical structure of the body, causing damage or harm thereto, so that it gives way under the stress of the workers usual labor. It is not essential that such lesion or change be of such character as to present external or visible signs of its existence. An injury shall not be deemed to have been directly caused by the employment where it is shown that the employee suffers disability as a result of the natural aging process or by the normal activities of day-to-day living. Personal injury or injury may occur only by accident, repetitive trauma or occupational disease as those terms are defined. (2) An injury is compensable only if it arises out of and in the course of employment. An injury is not compensable because work was a triggering or precipitating factor. An injury is not compensable solely because it aggravates, accelerates or exacerbates a preexisting condition or renders a preexisting condition symptomatic. (A) An injury by repetitive trauma shall be deemed to arise out of employment only if: (i) The employment exposed the worker to an increased risk or hazard which the worker would not have been exposed in normal non-employment life; (ii) the increased risk or hazard to which the employment exposed the worker is the prevailing factor in causing the repetitive trauma; and (iii) the repetitive trauma is the prevailing factor in causing both the medical condition and resulting disability or impairment. (B) An injury by accident shall be deemed to arise out of employment only if: (i) There is a causal connection between the conditions under which the work is required to be performed and the resulting accident; and (ii) the accident is the prevailing factor causing the injury, medical condition, and resulting disability or impairment. (3) (A) The words arising out of and in the course of employment as used in the workers compensation act shall not be construed to include: (i) Injury which occurred as a result of the natural aging process or by the normal activities of day-to-day living; (ii) accident or injury which arose out of a neutral risk with no particular employment or personal character; (iii) accident or injury which arose out of a risk personal to the worker; or (iv) accident or injury which arose either directly or indirectly from idiopathic causes.
(f)(B) The words arising out of and in the course of employment as used in the workers compensation act shall not be construed to include injuries to the employee occurring while the employee is on the way to assume the duties of employment or after leaving such duties, the proximate cause of which injury is not the employers negligence. An employee shall not be construed as being on the way to assume the duties of employment or having left such duties at a time when the worker is on the premises owned or under the exclusive control of the employer or on the only available route to or from work which is a route involving a special risk or hazard connected with the nature of the employment that is not a risk or hazard to which the general public is exposed and which is a route not used by the public except in dealings with the employer. An employee shall not be construed as being on the way to assume the duties of employment, if the employee is a provider of emergency services responding to an emergency. (C) The words, arising out of and in the course of employment as used in the workers compensation act shall not be construed to include injuries to employees while engaged in recreational or social events under circumstances where the employee was under no duty to attend and where the injury did not result from the performance of tasks related to the employees normal job duties or as specifically instructed to be performed by the employer. the employee was under no duty to attend and where the injury did not result from the performance of tasks related to the employees normal job duties or as specifically instructed to be performed by the employer. (g) Prevailing as it relates to the term factor means the primary factor, in relation to any other factor. In determining what constitutes the prevailing factor in a given case, the administrative law judge shall consider all relevant evidence submitted by the parties. (g)(h) Burden of proof means the burden of a party to persuade the trier of facts by a preponderance of the credible evidence that such partys position on an issue is more probably true than not true on the basis of the whole record unless a higher burden of proof is specifically required by this act. (h)(i) Director means the director of workers compensation as provided for in K.S.A. 75-5708, and amendments thereto. (i)(j) Health care provider means any person licensed, by the proper licensing authority of this state, another state or the District of Columbia, to practice medicine and surgery, osteopathy, chiropractic, dentistry, optometry, podiatry, audiology or psychology. (j)(k) Secretary means the secretary of labor. (k)(l) Construction design professional means any person who is an architect, professional engineer, landscape architect or land surveyor who has been issued a license by the state board of technical professions to practice such technical profession in Kansas or any corporation organized to render professional services through the practice of one or more of such technical professions in Kansas under the professional corporation law of Kansas or any corporation issued a certificate of authorization under K.S.A. 747036, and amendments thereto, to practice one or more of such technical professions in Kansas. (l)(m) Community service work means: (1) Public or community service performed as a result of a contract of diversion or of assignment to a community corrections program or conservation camp or suspension of sentence or as a condition of probation or in lieu of a fine imposed by court order; or (2) public or community service or other work performed as a requirement for receipt of any kind of public assistance in accordance with any program administered by the secretary of social and rehabilitation services. (m)(n) Utilization review means the initial evaluation of appropriateness in terms of both the level and the quality of health care and health services provided a patient, based on accepted standards of the health care profession involved. Such evaluation is accomplished by means of a system which identifies the utilization of health care services above the usual range of utilization for such services, which is based on accepted standards of the health care profession involved, and which refers instances of possible inappropriate utilization to the director for referral to a peer review committee. (n)(o) Peer review means an evaluation by a peer review committee of the appropriateness, quality and cost of health care and health services provided a patient, which is based on accepted
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standards of the health care profession involved and which is conducted in conjunction with utilization review. (o)(p) Peer review committee means a committee composed of health care providers licensed to practice the same health care profession as the health care provider who rendered the health care services being reviewed. (p)(q) Group-funded self-insurance plan includes each group-funded workers compensation pool, which is authorized to operate in this state under K.S.A. 44-581 through 44-592, and amendments thereto, each municipal group-funded pool under the Kansas municipal group-funded pool act which is covering liabilities under the workers compensation act, and any other similar group-funded or pooled plan or arrangement that provides coverage for employer liabilities under the workers compensation act and is authorized by law. (q)(r) On and after the effective date of this act, workers compensation board or board means the workers compensation board established under K.S.A. 44-555c, and amendments thereto. (r)(s) Usual charge means the amount most commonly charged by health care providers for the same or similar services. (s)(t) Customary charge means the usual rates or range of fees charged by health care providers in a given locale or area. (u) Functional impairment means the extent, expressed as a percentage, of the loss of a portion of the total physiological capabilities of the human body as established by competent medical evidence and based on the fourth edition of the American medical association guides to the evaluation of impairment, if the impairment is contained therein. (v) Authorized treating physician means a licensed physician or other health care provider authorized by the employer or insurance carrier or both, or appointed pursuant to court-order to provide those medical services deemed necessary to diagnose and treat an injury arising out of and in the course of employment. (w) Mail means the use of the United States postal service or other land based delivery service or transmission by electronic means, including delivery by fax, e-mail or other electronic delivery method designated by the director of workers compensation. Sec. 6. K.S.A. 2010 Supp. 44-510b is hereby amended to read as follows: 44-510b. Where death results from injury, compensation shall be paid as provided in K.S.A. 44-510h and 44-510i, and amendments thereto, and as follows: (a) If an employee leaves any dependents wholly dependent upon the employees earnings at the time of the accident or injury, all compensation benefits under this section shall be paid to such dependent persons. There shall be an initial payment of $40,000 to the surviving legal spouse or a wholly dependent child or children or both. The initial payment shall not be subject to the 8% discount as provided in K.S.A. 44-531, and amendments thereto. The initial payment shall be immediately due and payable and apportioned 50% to the surviving legal spouse and 50% to the dependent children. Thereafter, such dependents shall be paid weekly compensation, except as otherwise provided in this section, in a total sum to all such dependents, equal to 6623% of the average gross weekly wage of the employee at the time of the accident or injury, computed as provided in K.S.A. 44-511, and amendments thereto, but in no event shall such weekly benefits exceed the maximum weekly benefits provided in K.S.A. 44-510c, and amendments thereto, nor be less than a minimum weekly benefit of the dollar amount nearest to 50% of the states average weekly wage as determined pursuant to K.S.A. 44-511, and amendments thereto subject to the following: (1) If the employee leaves a surviving legal spouse or a wholly dependent child or children, or both, who are eligible for benefits under this section, then all death benefits shall be paid to such surviving spouse or children, or both, and no benefits shall be paid to any other wholly or partially dependent persons. (2) A surviving legal spouse shall be paid compensation benefits for life, except as otherwise provided in this section. (3) Any wholly dependent child of the employee shall be paid compensation, except as otherwise provided in this section, until such dependent child becomes 18 years of age. A wholly dependent child of the employee shall be paid compensation, except as otherwise provided in this section, until such dependent child becomes 23 years of age during any period of time that one of the following conditions is met:
(A) The wholly dependent child is not physically or mentally capable of earning wages in any type of substantial and gainful employment; or (B) the wholly dependent child is a student enrolled full-time in an accredited institution of higher education or vocational education. (4) If the employee leaves no legal spouse or dependent children eligible for benefits under this section but leaves other dependents wholly dependent upon the employees earnings, such other dependents shall receive weekly compensation benefits as provided in this subsection until death, remarriage or so long as such other dependents do not receive more than 50% of their support from any other earnings or income or from any other source, except that the maximum benefits payable to all such other dependents, regardless of the number of such other dependents, shall not exceed a maximum amount of $18,500. (b) Where the employee leaves a surviving legal spouse and dependent children who were wholly dependent upon the employees earnings and are eligible for benefits under this section 50% of the maximum weekly benefits payable shall be apportioned to such spouse and 50% to such dependent children. (c) If an employee does not leave any dependents who were wholly dependent upon the employees earnings at the time of the accident injury but leaves dependents, other than a spouse or children, in part dependent on the employees earnings, such percentage of a sum equal to three times the employees average yearly earnings but not exceeding $18,500 but not less than $2,500, as such employees average annual contributions which the employee made to the support of such dependents during the two years preceding the date of the accident injury, bears to the employees average yearly earnings during the contemporaneous two-year period, shall be paid in compensation to such dependents, in weekly payments as provided in subsection (a), not to exceed $18,500 to all such dependents. (d) If an employee does not leave any dependents, either wholly or partially dependent upon the employee, a lump-sum payment of $25,000 shall be made to the legal heirs of such employee in accordance with Kansas law. However under no circumstances shall such payment escheat to the state. Notwithstanding the provisions of this subsection, no such payment shall be required if the employer has procured a life insurance policy, with beneficiaries designated by the employee, providing coverage in an amount not less than $18,500. (e) The administrative law judge, except as otherwise provided in this section, shall have the power and authority to apportion and reapportion the compensation allowed under this section, either to wholly dependent persons or partially dependent persons, in accordance with the degree of dependency as of the date of the accident injury, except that the weekly payment of compensation to any and all dependents shall not exceed the maximum nor be less than the minimum weekly benefits provided in subsection (a). (f) In all cases of death compensable under this section, the employer shall pay the reasonable expense of burial not exceeding $5,000. Where required, the employer shall pay the costs of a court-appointed conservator not to exceed $1,000. (g) The marriage or death of any dependent shall terminate all compensation, under this section, to such dependent except the marriage of the surviving legal spouse shall not terminate benefits to such spouse. Upon the death of the surviving legal spouse or the marriage or death of a dependent child, the compensation payable to such spouse or child shall be reapportioned to those, among the surviving legal spouse and dependent children, who remain eligible to receive compensation under this section. (h) Notwithstanding any other provision in this section to the contrary, the maximum amount of compensation benefits payable under this section, including the initial payment in subsection (a) to any and all dependents by the employer shall not exceed a total amount of $250,000 $300,000 and when such total amount has been paid the liability of the employer for any further compensation under this section to dependents, other than minor children of the employee, shall cease except that the payment of compensation under this section to any minor child of the employee shall continue for the period of the childs minority at the weekly rate in effect when the employers liability is otherwise terminated under
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this subsection and shall not be subject to termination under this subsection until such child becomes 18 years of age. (i) Persons receiving benefits under this section shall submit an annual statement to the insurance carrier, self-insured employer or group-funded workers compensation pool paying the benefits, in such form and containing such information relating to eligibility for compensation under this section as may be required by rules and regulations of the director. If the person receiving benefits under this section is a surviving spouse or a dependent child who has reached the age of majority, such person shall personally submit an annual statement. If the person receiving benefits under this section is a dependent child subject to a conservator, the conservator of such child shall submit the annual statement. If such person fails to submit an annual statement, the payer of benefits may notify the director of such failure and the director shall notify the person of the failure by certified mail with return receipt. If such person fails to submit the annual statement or fails to reasonably provide the required information within 30 days after receipt of the notice from the director, all compensation benefits paid under this section to such person shall be suspended until the annual statement is submitted in proper form to the payer of benefits. Sec. 7. K.S.A. 44-510c is hereby amended to read as follows: 44510c. Where death does not result from the injury, compensation shall be paid as provided in K.S.A. 44-510h and 44-510i, and amendments thereto and as follows: (a) (1) Where permanent total disability results from the injury, weekly payments shall be made during the period of permanent total disability in a sum equal to 6623% of the average gross weekly wage of the injured employee, computed as provided in K.S.A. 44511, and amendments thereto, but in no case less than $25 per week nor more than the dollar amount nearest to 75% of the states average weekly wage, determined as provided in K.S.A. 44-511, and amendments thereto, per week. The payment of compensation for permanent total disability shall continue for the duration of such disability, subject to review and modification as provided in K.S.A. 44-528, and amendments thereto. (2) Permanent total disability exists when the employee, on account of the injury, has been rendered completely and permanently incapable of engaging in any type of substantial and gainful employment. Loss of both eyes, both hands, both arms, both feet, or both legs, or any combination thereof, in the absence of proof to the contrary, shall constitute a permanent total disability. Substantially total paralysis, or incurable imbecility or insanity, resulting from injury independent of all other causes, shall constitute permanent total disability. In all other cases permanent total disability shall be determined in accordance with the facts. Expert evidence shall be required to prove permanent total disability. (3) An injured worker shall not be eligible to receive more than one award of workers compensation permanent total disability in such workers lifetime. (b) (1) Where temporary total disability results from the injury, no compensation shall be paid during the first week of disability, except that provided in K.S.A. 44-510h and 44-510i, and amendments thereto, unless the temporary total disability exists for three consecutive weeks, in which case compensation shall be paid for the first week of such disability. Thereafter weekly payments shall be made during such temporary total disability, in a sum equal to 6623% of the average gross weekly wage of the injured employee, computed as provided in K.S.A. 44-511, and amendments thereto, but in no case less than $25 per week nor more than the dollar amount nearest to 75% of the states average weekly wage, determined as provided in K.S.A. 44-511, and amendments thereto, per week. (2) (A) Temporary total disability exists when the employee, on account of the injury, has been rendered completely and temporarily incapable of engaging in any type of substantial and gainful employment. A release issued by a health care provider with temporary medical limitations restrictions for an employee may or may not be determinative of the employees actual ability to be engaged in any type of substantial and gainful employment, except provided that temporary total disability compensation shall not be awarded unless the opinion of the authorized treating health care provider is shown to be based on an assessment of the employees actual job duties with the employer, with or without accommodation. if there is an authorized treating physician, such physicians opin Kansas Secretary of State 2011
ion regarding the employees work status shall be presumed to be determinative. (B) Where the employee remains employed with the employer against whom benefits are sought, an employee shall be entitled to temporary total disability benefits if the authorized treating physician imposed temporary restrictions as a result of the work injury which the employer cannot accommodate. A refusal by the employee of accommodated work within the temporary restrictions imposed by the authorized treating physician shall result in a rebuttable presumption that the employee is ineligible to receive temporary total disability benefits. (C) If the employee has been terminated for cause or voluntarily resigns following a compensable injury, the employer shall not be liable for temporary total disability benefits if the employer could have accommodated the temporary restrictions imposed by the authorized treating physician but for the employees separation from employment. (3) Where no award has been entered, a return by the employee to any type of substantial and gainful employment or, subject to the provisions of subsection (b)(2), a release by a treating health care provider or examining health care provider, who is not regularly employed or retained by the employer, to return to any type of substantial and gainful employment, shall suspend the employees right to the payment of temporary total disability compensation, but shall not affect any right the employee may have to compensation for partial disability in accordance with K.S.A. 44510d and 44-510e, and amendments thereto. (4) An employee shall not be entitled to receive temporary total disability benefits for those weeks during which the employee is also receiving unemployment benefits. (c) When any permanent total disability or temporary total disability is followed by partial disability, compensation shall be paid as provided in K.S.A. 44-510d and 44-510e, and amendments thereto. Sec. 8. K.S.A. 44-510d is hereby amended to read as follows: 44-510d. (a) Where disability, partial in character but permanent in quality, results from the injury, the injured employee shall be entitled to the compensation provided in K.S.A. 44-510h and 44-510i, and amendments thereto, but. The injured employee may be entitled to payment of temporary total disability as defined in K.S.A. 44-510c, and amendments thereto, or temporary partial disability as defined in subsection (a)(1) of K.S.A. 44-510e, and amendments thereto, provided that the injured employee shall not be entitled to any other or further compensation for or during the first week following the injury unless such disability exists for three consecutive weeks, in which event compensation shall be paid for the first week. Thereafter compensation shall be paid for temporary total loss of use and or temporary partial disability as provided in the following schedule, 6623% of the average gross weekly wages to be computed as provided in K.S.A. 44-511, and amendments thereto, except that in no case shall the weekly compensation be more than the maximum as provided for in K.S.A. 44-510c, and amendments thereto. (b) If there is an award of permanent disability as a result of the injury there shall be a presumption that disability existed immediately after the injury and compensation is to be paid for not to exceed the number of weeks allowed in the following schedule: (1) For loss of a thumb, 60 weeks. (2) For the loss of a first finger, commonly called the index finger, 37 weeks. (3) For the loss of a second finger, 30 weeks. (4) For the loss of a third finger, 20 weeks. (5) For the loss of a fourth finger, commonly called the little finger, 15 weeks. (6) Loss of the first phalange of the thumb or of any finger shall be considered to be equal to the loss of 12 of such thumb or finger, and the compensation shall be 12 of the amount specified above. The loss of the first phalange and any part of the second phalange of any finger, which includes the loss of any part of the bone of such second phalange, shall be considered to be equal to the loss of 23 of such finger and the compensation shall be 23 of the amount specified above. The loss of the first phalange and any part of the second phalange of a thumb which includes the loss of any part of the bone of such second phalange, shall be considered to be equal to the loss of the entire thumb. The loss of the first and second phalanges and any part of the third proximal phalange of any finger, shall be considered as the loss of the entire finger. Amputation
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through the joint shall be considered a loss to the next higher schedule. (7) For the loss of a great toe, 30 weeks. (8) For the loss of any toe other than the great toe, 10 weeks. (9) The loss of the first phalange of any toe shall be considered to be equal to the loss of 12 of such toe and the compensation shall be 12 of the amount above specified. (10) The loss of more than one phalange of a toe shall be considered to be equal to the loss of the entire toe. (11) For the loss of a hand, 150 weeks. (12) For the loss of a forearm, 200 weeks. (13) For the loss of an arm, excluding the shoulder joint, shoulder girdle, shoulder musculature or any other shoulder structures, 210 weeks, and for the loss of an arm, including the shoulder joint, shoulder girdle, shoulder musculature or any other shoulder structures, 225 weeks. (14) For the loss of a foot, 125 weeks. (15) For the loss of a lower leg, 190 weeks. (16) For the loss of a leg, 200 weeks. (17) For the loss of an eye, or the complete loss of the sight thereof, 120 weeks. (18) Amputation or severance below the wrist shall be considered as the loss of a hand. Amputation at the wrist and below the elbow shall be considered as the loss of the forearm. Amputation at or above the elbow shall be considered loss of the arm. Amputation below the ankle shall be considered loss of the foot. Amputation at the ankle and below the knee shall be considered as loss of the lower leg. Amputation at or above the knee shall be considered as loss of the leg. (19) For the complete loss of hearing of both ears, 110 weeks. (20) For the complete loss of hearing of one ear, 30 weeks. (21) Permanent loss of the use of a finger, thumb, hand, shoulder, arm, forearm, toe, foot, leg or lower leg or the permanent loss of the sight of an eye or the hearing of an ear, shall be equivalent to the loss thereof. For the permanent partial loss of the use of a finger, thumb, hand, shoulder, arm, toe, foot or leg, or the sight of an eye or the hearing of an ear, compensation shall be paid as provided for in K.S.A. 44-510c, and amendments thereto, per week during that proportion of the number of weeks in the foregoing schedule provided for the loss of such finger, thumb, hand, shoulder, arm, toe, foot or leg, or the sight of an eye or the hearing of an ear, which partial loss thereof bears to the total loss of a finger, thumb, hand, shoulder, arm, toe, foot or leg, or the sight of an eye or the hearing of an ear; but in no event shall the compensation payable hereunder for such partial loss exceed the compensation payable under the schedule for the total loss of such finger, thumb, hand, arm, toe, foot or leg, or the sight of an eye or the hearing of an ear, exclusive of the healing period. As used in this paragraph (21), shoulder means the shoulder joint, shoulder girdle, shoulder musculature or any other shoulder structures. (22) For traumatic hernia, compensation shall be limited to the compensation under K.S.A. 44-510h and 44-510i, and amendments thereto, compensation for temporary total disability during such period of time as such employee is actually unable to work on account of such hernia, and, in the event such hernia is inoperable, weekly compensation during 12 weeks, except that, in the event that such hernia is operable, the unreasonable refusal of the employee to submit to an operation for surgical repair of such hernia shall deprive such employee of any benefits under the workers compensation act. (23) Loss of or loss of use of a scheduled member shall be based upon permanent impairment of function to the scheduled member as determined using the fourth edition of the American medical association guides to the evaluation of permanent impairment, if the impairment is contained therein. (24) Where an injury results in the loss of or loss of use of more than one scheduled member within a single extremity, the functional impairment attributable to each scheduled member shall be combined pursuant to the fourth edition of the American medical association guides for evaluation of permanent impairment and compensation awarded shall be calculated to the highest scheduled member actually impaired. (b)(c) Whenever the employee is entitled to compensation for a specific injury under the foregoing schedule, the same shall be exclusive of all other compensation except the benefits provided in K.S.A. 44-510h and 44-510i, and amendments thereto, and no ad-
ditional compensation shall be allowable or payable for any temporary or permanent, partial or total disability, except that the director, in proper cases, may allow additional compensation during the actual healing period, following amputation. The healing period shall not be more than 10% of the total period allowed for the scheduled injury in question nor in any event for longer than 15 weeks. The return of the employee to the employees usual occupation shall terminate the healing period. (d) The amount of compensation for permanent partial disability under this section shall be determined by multiplying the payment rate by the weeks payable. As used in this section: (1) Payment rate shall be the lesser of (A) the amount determined by multiplying the average weekly wage of the worker prior to such injury by 6623% or (B) the maximum provided in K.S.A. 44-510c, and amendments thereto; (2) weeks payable shall be determined as follows: (A) Determine the weeks of benefits provided for the injury on schedule; (B) determine the weeks of temporary compensation paid by adding the amounts of temporary total and temporary partial disability compensation paid and dividing the sum by the payment rate above; (C) subtract the weeks of temporary compensation calculated in (d)(2)(B) from the weeks of benefits provided for the injury as determined in (d)(2)(A); (D) multiply the weeks as determined in (d)(2)(C) by the percentage of permanent partial impairment of function as determined under subsection (b)(23). The resulting award shall be paid for the number of weeks at the payment rate until fully paid or modified. Under no circumstances shall the period of permanent partial disability run concurrently with the period of temporary total or temporary partial disability. Sec. 9. K.S.A. 44-510e is hereby amended to read as follows: 44510e. (a) If the employer and the employee are unable to agree upon the amount of compensation to be paid in the case of injury not covered by the schedule in K.S.A. 44-510d and amendments thereto, the amount of compensation shall be settled according to the provisions of the workers compensation act as in other cases of disagreement, except that In case of whole body injury resulting in temporary or permanent partial general disability not covered by such the schedule in K.S.A. 44-510d, and amendments thereto, the employee shall receive weekly compensation as determined in this subsection during such the period of temporary or permanent partial general disability not exceeding a maximum of 415 weeks. (1) Weekly compensation for temporary partial general disability shall be 6623% of the difference between the average gross weekly wage that the employee was earning prior to such the date of injury as provided in the workers compensation act and the amount the employee is actually earning after such injury in any type of employment, except that. In no case shall such weekly compensation exceed the maximum as provided for in K.S.A. 44-510c, and amendments thereto. (2) (A) Permanent partial general disability exists when the employee is disabled in a manner which is partial in character and permanent in quality and which is not covered by the schedule in K.S.A. 44-510d, and amendments thereto. The extent of permanent partial general disability shall be the extent, expressed as a percentage, to which the employee, in the opinion of the physician, has lost the ability to perform the work tasks that the employee performed in any substantial gainful employment during the fifteen-year period preceding the accident, averaged together with the difference between the average weekly wage the worker was earning at the time of the injury and the average weekly wage the worker is earning after the injury. In any event, the extent of permanent partial general disability shall not be less than the percentage of functional impairment. Functional impairment means the extent, expressed as a percentage, of the loss of a portion of the total physiological capabilities of the human body as established by competent medical evidence and based on the fourth edition of the American Medical Association Guides to the Evaluation of Permanent Impairment, if the impairment is contained therein. An employee shall not be entitled to receive permanent partial general disability compensation in excess of the percentage of functional impairment as long as the employee is engaging in any work for wages equal to 90% or more of the average gross weekly wage that the employee was earning at the time of the injury. If the employer and the employee are unable to agree upon the employees functional impairment and if at least two medical opinions based on
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competent medical evidence disagree as to the percentage of functional impairment, such matter may be referred by the administrative law judge to an independent health care provider who shall be selected by the administrative law judge from a list of health care providers maintained by the director. The health care provider selected by the director pursuant to this section shall issue an opinion regarding the employees functional impairment which shall be considered by the administrative law judge in making the final determination. Compensation for permanent partial general disability shall also be paid as provided in this section where an injury results in: (i) The loss of or loss of use of a shoulder, arm, forearm or hand of one upper extremity, combined with the loss of or loss of use of a shoulder, arm, forearm or hand of the other upper extremity; (ii) the loss of or loss of use of a leg, lower leg or foot of one lower extremity, combined with the loss of or loss of use of a leg, lower leg or foot of the other lower extremity; or (iii) the loss of or loss of use of both eyes. (B) The extent of permanent partial general disability shall be the percentage of functional impairment the employee sustained on account of the injury as established by competent medical evidence and based on the fourth edition of the American medical association guides to the evaluation of permanent impairment, if the impairment is contained therein. (C) An employee may be eligible to receive permanent partial general disability compensation in excess of the percentage of functional impairment (work disability) if: (i) The percentage of functional impairment determined to be caused solely by the injury exceeds 712% to the body as a whole or the overall functional impairment is equal to or exceeds 10% to the body as a whole in cases where there is preexisting functional impairment; and (ii) the employee sustained a post-injury wage loss, as defined in subsection (a)(2)(E) of K.S.A. 44-510e, and amendments thereto, of at least 10% which is directly attributable to the work injury and not to other causes or factors. In such cases, the extent of work disability is determined by averaging together the percentage of post-injury task loss demonstrated by the employee to be caused by the injury and the percentage of post-injury wage loss demonstrated by the employee to be caused by the injury. (D) Task loss shall mean the percentage to which the employee, in the opinion of a licensed physician, has lost the ability to perform the work tasks that the employee performed in any substantial gainful employment during the five-year period preceding the injury. The permanent restrictions imposed by a licensed physician as a result of the work injury shall be used to determine those work tasks which the employee has lost the ability to perform. If the employee has preexisting permanent restrictions, any work tasks which the employee would have been deemed to have lost the ability to perform, had a task loss analysis been completed prior to the injury at issue, shall be excluded for the purposes of calculating the task loss which is directly attributable to the current injury. (E) Wage loss shall mean the difference between the average weekly wage the employee was earning at the time of the injury and the average weekly wage the employee is capable of earning after the injury. The capability of a worker to earn post-injury wages shall be established based upon a consideration of all factors, including, but not limited to, the injured workers age, physical capabilities, education and training, prior experience, and availability of jobs in the open labor market. The administrative law judge shall impute an appropriate post-injury average weekly wage based on such factors. Where the employee is engaged in post-injury employment for wages, there shall be a rebuttable presumption that the average weekly wage an injured worker is actually earning constitutes the post-injury average weekly wage that the employee is capable of earning. The presumption may be overcome by competent evidence. (i) To establish post-injury wage loss, the employee must have the legal capacity to enter into a valid contract of employment. Wage loss caused by voluntary resignation or termination for cause shall in no way be construed to be caused by the injury. (ii) The actual or projected weekly value of any employer-paid fringe benefits are to be included as part of the workers post-injury average weekly wage and shall be added to the wage imputed by the administrative law judge pursuant to K.S.A. 44-510e(a)(2)(E), and amendments thereto. (iii) The injured workers refusal of accommodated employment within the workers medical restrictions as established by the authorized treating physician and at a wage equal to 90% or more of the pre-injury average weekly wage shall result in a rebuttable presumption of no wage loss.
(F) The amount of weekly compensation for permanent partial general disability shall be determined as follows: (1) Find the payment rate which shall be the lesser of (A) the amount determined by multiplying the average gross weekly wage of the worker prior to such injury by 6623% or (B) the maximum provided in K.S.A. 44-510c, and amendments thereto; (2) find the number of disability weeks payable by subtracting from 415 weeks the total number of weeks of temporary total disability compensation was paid, excluding the first 15 weeks of temporary total disability compensation that was paid, and multiplying the remainder by the percentage of permanent partial general disability as determined under this subsection (a); and (3) multiply the number of disability weeks determined in paragraph (2) of this subsection (a) by the payment rate determined in paragraph (1) of this subsection (a). The amount of compensation for whole body injury under this section shall be determined by multiplying the payment rate by the weeks payable. As used in this section: (1) The payment rate shall be the lesser of: (A) The amount determined by multiplying the average weekly wage of the worker prior to such injury by 6623%; or (B) the maximum provided in K.S.A. 44-510c, and amendments thereto; (2) weeks payable shall be determined as follows: (A) Determine the weeks of temporary compensation paid by adding the amounts of temporary total and temporary partial disability compensation paid and dividing the sum by the payment rate above; (B) subtract from 415 weeks the total number of weeks of temporary compensation paid as determined in (F)(2)(A), excluding the first 15 such weeks; (3) multiply the number of weeks as determined in (F)(2)(B) by the percentage of functional impairment pursuant to subsection (a)(2)(B) or the percentage of work disability pursuant to subsection (a)(2)(C), whichever is applicable. (3) When an injured worker is eligible to receive an award of work disability, compensation is limited to the value of the work disability as calculated above. In no case shall functional impairment and work disability be awarded together. The resulting award shall be paid for the number of disability weeks at the full payment rate until fully paid or modified. If there is an award of permanent disability as a result of the compensable injury, there shall be a presumption that disability existed immediately after such injury. In any case of permanent partial disability under this section, the employee shall be paid compensation for not to exceed 415 weeks following the date of such injury, subject to review and modification as provided in K.S.A. 44-528 and amendments thereto. If there is an award of permanent disability as a result of the compensable injury, there shall be a presumption that disability existed immediately after such injury. Under no circumstances shall the period of permanent partial disability run concurrently with the period of temporary total or temporary partial disability. (b) If an employee has received sustained an injury for which compensation is being paid, and the employees death is caused by other and independent causes, any payment of compensation already due the employee at the time of death and then unpaid shall be paid to the employees dependents directly or to the employees legal representatives if the employee left no dependent, but the liability of the employer for the payments of compensation not yet due at the time of the death of such employee shall cease and be abrogated by the employees death. (c) The total amount of compensation that may be allowed or awarded an injured employee for all injuries received in any one accident shall in no event exceed the compensation which would be payable under the workers compensation act for 100% permanent total disability resulting from such accident. (d) Where a minor employee or a minor employees dependents are entitled to compensation under the workers compensation act, such compensation shall be exclusive of all other remedies or causes of action for such injury or death, and no claim or cause of action against the employer shall inure or accrue to or exist in favor of the parent or parents of such minor employee on account of any damage resulting to such parent or parents on account of the loss of earnings or loss of service of such minor employee. (e) In any case of injury to or death of an employee, where the employee or the employees dependents are entitled to compensation under the workers compensation act, such compensation shall be exclusive of all other remedies or causes of action for such injury or death, and no claim or action shall inure, accrue to or exist in favor of the surviving spouse or any relative or next of kin
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of such employee against such employer on account of any damage resulting to such surviving spouse or any relative or next of kin on account of the loss of earnings, services, or society of such employee or on any other account resulting from or growing out of the injury or death of such employee. Sec. 10. K.S.A. 44-510f is hereby amended to read as follows: 44-510f. (a) Notwithstanding any provision of the workers compensation act to the contrary, the maximum compensation benefits payable by an employer shall not exceed the following: (1) For permanent total disability, including temporary total, temporary partial, permanent partial and temporary partial disability payments paid or due, $125,000 $155,000 for an injury or any aggravation thereof; (2) for temporary total disability, including any prior permanent total, permanent partial or temporary partial disability payments paid or due, $100,000 $130,000 for an injury or any aggravation thereof; (3) subject to the provisions of subsection (a)(4), for permanent or temporary partial disability, including any prior temporary total, permanent total, temporary partial, or permanent partial disability payments paid or due, $100,000 $130,000 for an injury or any aggravation thereof; and (4) for permanent partial disability, where functional impairment only is awarded, $50,000 $75,000 for an injury or aggravation thereof. The $75,000 cap contained in this subsection shall apply whether or not temporary total disability or temporary partial disability benefits were paid. (b) If an employer shall voluntarily pay unearned wages to an employee in addition to and in excess of any amount of disability benefits to which the employee is entitled under the workers compensation act, the excess amount paid shall: (1) Shall be allowed as a credit to the employer in any final lump-sum settlement, or (2) may be withheld from the employees wages in weekly amounts the same as equal to the weekly amount or amounts paid in excess of compensation due,. but not until and unless The excess amount paid may only be withheld from the employees wages if the employees average gross weekly wage for the calendar year exceeds 125% of the states average weekly wage, determined as provided in K.S.A. 44-511, and amendments thereto. The provisions of this subsection shall not apply to any employer who pays any such unearned wages to an employee pursuant to an agreement between the employer and employee or labor organization to which the employee belongs. Sec. 11. K.S.A. 2010 Supp. 44-510h is hereby amended to read as follows: 44-510h. (a) It shall be the duty of the employer to provide the services of a health care provider, and such medical, surgical and hospital treatment, including nursing, medicines, medical and surgical supplies, ambulance, crutches, apparatus and transportation to and from the home of the injured employee to a place outside the community in which such employee resides, and within such community if the director, in the directors discretion, so orders, including transportation expenses computed in accordance with subsection (a) of K.S.A. 44-515, and amendments thereto, as may be reasonably necessary to cure and relieve the employee from the effects of the injury. (b) (1) If the director finds, upon application of an injured employee, that the services of the health care provider furnished as provided in subsection (a) and rendered on behalf of the injured employee are not satisfactory, the director may authorize the appointment of some other health care provider. In any such case, the employer shall submit the names of three two health care providers who, if possible given the availability of local health care providers, are not associated in practice together. The injured employee may select one from the list who shall be the authorized treating health care provider. If the injured employee is unable to obtain satisfactory services from any of the health care providers submitted by the employer under this paragraph, either party or both parties may request the director to select a treating health care provider. (2) Without application or approval, an employee may consult a health care provider of the employees choice for the purpose of examination, diagnosis or treatment, but the employer shall only be liable for the fees and charges of such health care provider up to a total amount of $500. The amount allowed for such examina-
tion, diagnosis or treatment shall not be used to obtain a functional impairment rating. Any medical opinion obtained in violation of this prohibition shall not be admissible in any claim proceedings under the workers compensation act. (c) An injured employee whose injury or disability has been established under the workers compensation act may rely, if done in good faith, solely or partially on treatment by prayer or spiritual means in accordance with the tenets of practice of a church or religious denomination without suffering a loss of benefits subject to the following conditions: (1) The employer or the employers insurance carrier agrees thereto in writing either before or after the injury; (2) the employee submits to all physical examinations required by the workers compensation act; (3) the cost of such treatment shall be paid by the employee unless the employer or insurance carrier agrees to make such payment; (4) the injured employee shall be entitled only to benefits that would reasonably have been expected had such employee undergone medical or surgical treatment; and (5) the employer or insurance carrier that made an agreement under paragraph (1) or (3) of this subsection may withdraw from the agreement on 10 days written notice. (d) In any employment to which the workers compensation act applies, the employer shall be liable to each employee who is employed as a duly authorized law enforcement officer, firefighter, driver of an ambulance as defined in subsection (b) of K.S.A. 656112, and amendments thereto, an ambulance attendant as defined in subsection (d) of K.S.A. 65-6112, and amendments thereto, or a member of a regional emergency medical response team as provided in K.S.A. 48-928, and amendments thereto, including any person who is serving on a volunteer basis in such capacity, for all reasonable and necessary preventive medical care and treatment for hepatitis to which such employee is exposed under circumstances arising out of and in the course of employment. (e) It is presumed that the employers obligation to provide the services of a health care provider, and such medical, surgical and hospital treatment, including nursing, medicines, medical and surgical supplies, ambulance, crutches, apparatus and transportation to and from the home of the injured employee to a place outside the community in which such employee resides, and within such community if the director, in the directors discretion, so orders, including transportation expenses computed in accordance with subsection (a) of K.S.A. 44-515, and amendments thereto, shall terminate upon the employee reaching maximum medical improvement. Such presumption may be overcome with medical evidence that it is more probably true than not that additional medical treatment will be necessary after such time as the employee reaches maximum medical improvement. The term medical treatment as used in this subsection (e) means only that treatment provided or prescribed by a licensed health care provider and shall not include home exercise programs or overthe-counter medications. Sec. 12. K.S.A. 2010 Supp. 44-510k is hereby amended to read as follows: 44-510k. (a) (1) At any time after the entry of an award for compensation wherein future medical benefits were awarded, the employee, employer or insurance carrier may make application for a hearing, in such form as the director may require for the furnishing termination or modification of medical treatment. Such post-award hearing shall be held by the assigned administrative law judge, in any county designated by the administrative law judge, and the judge shall conduct the hearing as provided in K.S.A. 44-523, and amendments thereto. (2) The administrative law judge can (A) make an award for further medical care if the administrative law judge finds that it is more probably true than not that the injury which was the subject of the underlying award is the prevailing factor in the need for further medical care and that the care requested is necessary to cure or relieve the effects of the accidental injury which was the subject of the underlying award such injury, or (B) terminate or modify an award of current or future medical care if the administrative law judge finds that no further medical care is required, the injury which was the subject of the underlying award is not the prevailing factor in the need for further medical care, or that the care requested is not necessary to cure or relieve the effects of such injury.
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(3) If the claimant has not received medical treatment, as defined in subsection (e) of K.S.A. 44-510h, and amendments thereto, from an authorized health care provider within two years from the date of the award or two years from the date the claimant last received medical treatment from an authorized health care provider, the employer shall be permitted to make application under this section for permanent termination of future medical benefits. In such case, there shall be a presumption that no further medical care is needed as a result of the underlying injury. The presumption may be overcome by competent medical evidence. (4) No post-award benefits shall be ordered, modified or terminated without giving all parties to the award the opportunity to present evidence, including taking testimony on any disputed matters. A finding with regard to a disputed issue shall be subject to a full review by the board under subsection (b) of K.S.A. 44-551, and amendments thereto. Any action of the board pursuant to postaward orders shall be subject to review under K.S.A. 44-556, and amendments thereto. (b) Any application for hearing made pursuant to this section shall receive priority setting by the administrative law judge, only superseded by preliminary hearings pursuant to K.S.A. 44-534a, and amendments thereto. The parties shall meet and confer prior to the hearing pursuant to this section, but a prehearing settlement conference shall not be necessary. The administrative law judge shall have authority to award medical treatment relating back to the entry of the underlying award, but in no event shall such medical treatment relate back more than six months following the filing of such application for post-award medical treatment. Reviews taken under this section shall receive priority settings before the board, only superseded by reviews for preliminary hearings. A decision shall be rendered by the board within 30 days from the time the review hereunder is submitted. (c) The administrative law judge may award attorney fees and costs on the claimants behalf consistent with subsection (g) of K.S.A. 44-536, and amendments thereto. As used in this subsection, costs include, but are not limited to, witness fees, mileage allowances, any costs associated with reproduction of documents that become a part of the hearing record, the expense of making a record of the hearing and such other charges as are by statute authorized to be taxed as costs. Sec. 13. K.S.A. 2010 Supp. 44-511 is hereby amended to read as follows: 44-511. (a) As used in this section: (1) The term money shall be construed to mean the gross remuneration, on an hourly, output, salary, commission or other basis, at which the service rendered is recompensed in money by the employer, but it earned while employed by the employer, including bonuses and gratuities. Money shall not include any additional compensation, as defined in this section, any remuneration in any medium other than cash, or any other compensation or benefits received by the employee from the employer or any other source paragraph 2. (2) (A) The term additional compensation shall include and mean only the following: (A) Gratuities in cash received by the employee from persons other than the employer for services rendered in the course of the employees employment; (B) any cash bonuses paid by the employer within one year prior to the date of the accident, for which the average weekly value shall be determined by averaging all such bonuses over the period of time employed prior to the date of the accident, not to exceed 52 weeks; (C) (i) Board and lodging when furnished by the employer as part of the wages, which shall be valued at a maximum of $25 per week for board and lodging combined, unless the value has been fixed otherwise by the employer and employee prior to the date of the accident or injury, or unless a higher weekly value is proved; (D) the average weekly cash value of remuneration for services in any medium other than cash where such remuneration is in lieu of money, which shall be valued in terms of the average weekly cost to the employer of such remuneration for the employee; and (E) and (ii) employer-paid life insurance, disability insurance, health and accident insurance and employer contributions to pension and profit sharing plans. (B) In no case shall additional compensation include any amounts of employer taxes paid by the employer under the oldage and survivors insurance system embodied in the federal social security system.
(C) Additional compensation shall not include the value of such remuneration until and unless such remuneration is discontinued be included in the calculation of average wage until and unless such additional compensation is discontinued. If such remuneration additional compensation is discontinued subsequent to a computation of average gross weekly wages under this section, there shall be a recomputation to include such discontinued remuneration additional compensation. (3) The term wage shall be construed to mean the total of the money and any additional compensation which the employee receives for services rendered for the employer in whose employment the employee sustains an injury by accident arising out of and in the course of such employment. (4) The term part-time hourly employee shall mean and include any employee paid on an hourly basis: (A) Who by custom and practice or under the verbal or written employment contract in force at the time of the accident is employed to work, agrees to work, or is expected to work on a regular basis less than 40 hours per week; and (B) who at the time of the accident is working in any type of trade or employment where there is no customary number of hours constituting an ordinary day in the character of the work involved or performed by the employee. (5) The term full-time hourly employee shall mean and include only those employees paid on an hourly basis who are not part-time hourly employees, as defined in this section, and who are employed in any trade or employment where the customary number of hours constituting an ordinary working week is 40 or more hours per week, or those employees who are employed in any trade or employment where such employees are considered to be full-time employees by the industrial customs of such trade or employment, regardless of the number of hours worked per day or per week. (b) (1) The Unless otherwise provided, the employees average gross weekly wage for the purpose of computing any compensation benefits provided by the workers compensation act shall be determined as follows: the wages the employee earned during the calendar weeks employed by the employer, up to 26 calendar weeks immediately preceding the date of the injury, divided by the number of calendar weeks the employee actually worked, or by 26 as the case may be. (1) If at the time of the accident the money rate is fixed by the year, the average gross weekly wage shall be the yearly rate so fixed divided by 52, plus the average weekly value of any additional compensation and the value of the employees average weekly overtime as computed in paragraph (4) of this subsection. (2) If at the time of the accident the money rate is fixed by the month, the average gross weekly wage shall be the monthly rate so fixed multiplied by 12 and divided by 52, plus the average weekly value of any additional compensation and the value of the employees average weekly overtime computed as provided in paragraph (4) of this subsection. (3) If at the time of the accident, the money rate is fixed by the week, the amount so fixed, plus the average weekly value of any additional compensation and the value of the employees average weekly overtime as computed in paragraph (4) of this subsection, shall be the average gross weekly wage. (4) If at the time of the accident the employees money rate was fixed by the hour, the employees average gross weekly wage shall be determined as follows: (A) If the employee was a part-time hourly employee, as defined in this section, the average gross weekly wage shall be determined in the same manner as provided in paragraph (5) of this subsection; (B) if the employee is a fulltime hourly employee, as defined in this section, the average gross weekly wage shall be determined as follows: (i) A daily money rate shall first be found by multiplying the straight-time hourly rate applicable at the time of the accident, by the customary number of working hours constituting an ordinary day in the character of work involved; (ii) the straight-time weekly rate shall be found by multiplying the daily money rate by the number of days and half days that the employee usually and regularly worked, or was expected to work, but 40 hours shall constitute the minimum hours for computing the wage of a full-time hourly employee, unless the employers regular and customary workweek is less than 40 hours, in which case, the number of hours in such employers regular and customary workweek shall govern; (iii) the average weekly overtime of the employee shall be the total amount earned by the em-
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ployee in excess of the amount of straight-time money earned by the employee during the 26 calendar weeks immediately preceding the date of the accident, or during the actual number of such weeks the employee was employed if less than 26 weeks, divided by the number of such weeks; and (iv) the average gross weekly wage of a full-time hourly employee shall be the total of the straight-time weekly rate, the average weekly overtime and the weekly average of any additional compensation. (5) If at the time of the accident the money rate is fixed by the output of the employee, on a commission or percentage basis, on a flat-rate basis for performance of a specified job, or on any other basis where the money rate is not fixed by the week, month, year or hour, and if the employee has been employed by the employer at least one calendar week immediately preceding the date of the accident, the average gross weekly wage shall be the gross amount of money earned during the number of calendar weeks so employed, up to a maximum of 26 calendar weeks immediately preceding the date of the accident, divided by the number of weeks employed, or by 26 as the case may be, plus the average weekly value of any additional compensation and the value of the employees average weekly overtime computed as provided in paragraph (4) of this subsection. (2) If the employee had been in the employment of actually employed by the employer for less than one calendar week immediately preceding the accident or injury, the average gross weekly wage shall be determined by the administrative law judge based upon all of the evidence and circumstances, including the usual wage for similar services paid by the same employer, or if the employer has no employees performing similar services, the usual wage paid for similar services by other employers. The average gross weekly wage so determined shall not exceed the actual average gross weekly wage the employee was reasonably expected to earn in the employees specific employment, including the average weekly value of any additional compensation and the value of the employees average weekly overtime computed as provided in paragraph (4) of this subsection. In making any computations under this paragraph (5), workweeks during which the employee was on vacation, leave of absence, sick leave or was absent the entire workweek because of illness or injury shall not be considered. (6) (A) The average gross weekly wage of a person serving on a volunteer basis as a duly authorized law enforcement officer, ambulance attendants and drivers as provided in subsection (b) of K.S.A. 44-508, and amendments thereto, firefighter or members of regional emergency medical response teams as provided in K.S.A. 48-928, and amendments thereto, who receives no wages for such services, or who receives wages which are substantially less than the usual wages paid for such services by comparable employers to employees who are not volunteers, shall be computed on the basis of the dollar amount closest to, but not exceeding, 112.5% of the state average weekly wage. (B) The average gross weekly wage of any person performing community service work shall be deemed to be $37.50. (C) The average gross weekly wage of a volunteer member of the Kansas department of civil air patrol officially engaged in the performance of functions specified in K.S.A. 48-3302, and amendments thereto, shall be deemed to be $476.38. Whenever the rates of compensation of the pay plan for persons in the classified service under the Kansas civil service act are increased for payroll periods chargeable to fiscal years commencing after June 30, 1988, the average gross weekly wage which is deemed to be the average gross weekly wage under the provisions of this subsection for a volunteer member of the Kansas department of civil air patrol shall be increased by an amount, adjusted to the nearest dollar, computed by multiplying the average of the percentage increases in all monthly steps of such pay plan by the average gross weekly wage deemed to be the average gross weekly wage of such volunteer member under the provisions of this subsection prior to the effective date of such increase in the rates of compensation of the pay plan for persons in the classified service under the Kansas civil service act. (D) The average weekly wage of any other volunteer under the workers compensation act, who receives no wages for such services, or who receives wages which are substantially less than the usual wages paid for such services by comparable employers to employees who are not volunteers, shall be computed on the basis
of the usual wages paid by the employer for such services to employees who are not volunteers, or, if the employer has no employees performing such services for wages who are not volunteers, the average gross weekly wage shall be computed on the basis of the usual wages paid for such services by comparable employers to employees who are not volunteers. Volunteer employment is not presumed to be full time employment. (7)(3) The average gross weekly wage of an employee who sustains an injury by accident arising out of and in the course of multiple employment, in which such employee who performs the same or a very similar type of work on a part-time basis for each of two or more employers, shall be the total average gross weekly wage of such employee paid by all the employers in such multiple employment. The total average gross weekly wage of such employee shall be the total amount of the individual average gross weekly wage determinations under this section for each individual employment of such multiple employment sum of the average weekly wages of such employee paid by each of the employers. (8)(4) In determining an employees average gross weekly wage with respect to the employer against whom claim for compensation is made, no money or additional compensation paid to or received by the employee from such employer, or from any source other than from such employer, shall be included as wages, except as provided in this section. No wages, other compensation or benefits of any type, except as provided in this section, shall be considered or included in determining the employees average gross weekly wage. (5) (A) The average weekly wage of a person serving on a volunteer basis as a duly authorized law enforcement officer, ambulance attendants and drivers as provided in subsection (b) of K.S.A. 44-508, and amendments thereto, firefighter or members of regional emergency medical response teams as provided in K.S.A. 48-928, and amendments thereto, who receives no wages for such services, or who receives wages which are substantially less than the usual wages paid for such services by comparable employers to employees who are not volunteers, shall be computed on the basis of the dollar amount closest to, but not exceeding, 11212% of the state average weekly wage. (B) The average weekly wage of any person performing community service work shall be deemed to be $37.50. (C) The average weekly wage of a volunteer member of the Kansas department of civil air patrol officially engaged in the performance of functions specified in K.S.A. 48-3302, and amendments thereto, shall be deemed to be $476.38. Whenever the rates of compensation of the pay plan for persons in the classified service under the Kansas civil service act are increased for payroll periods chargeable to fiscal years commencing after June 30, 1988, the average weekly wage which is deemed to be the average weekly wage under the provisions of this subsection for a volunteer member of the Kansas department of civil air patrol shall be increased by an amount, adjusted to the nearest dollar, computed by multiplying the average of the percentage increases in all monthly steps of such pay plan by the average weekly wage deemed to be the average weekly wage of such volunteer member under the provisions of this subsection prior to the effective date of such increase in the rates of compensation of the pay plan for persons in the classified service under the Kansas civil service act. (D) The average weekly wage of any other volunteer under the workers compensation act, who receives no wages for such services, or who receives wages which are substantially less than the usual wages paid for such services by comparable employers to employees who are not volunteers, shall be computed on the basis of the usual wages paid by the employer for such services to employees who are not volunteers, or, if the employer has no employees performing such services for wages who are not volunteers, the average weekly wage shall be computed on the basis of the usual wages paid for such services by comparable employers to employees who are not volunteers. Volunteer employment is not presumed to be full-time employment. (c) In any case, the average yearly wage shall be found by multiplying the average gross weekly wage, as determined in subsection (b), by 52. (d) The states average weekly wage for any year shall be the average weekly wage paid to employees in insured work subject to Kansas employment security law as determined annually by the secretary of labor as provided in K.S.A. 44-704, and amendments thereto.
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(e)(d) Members of a labor union or other association who perform services in behalf of the labor union or other association and who are not paid as full-time employees of the labor union or other association and who are injured or suffer occupational disease in the course of the performance of duties in behalf of the labor union or other association shall recover compensation benefits under the workers compensation act from the labor union or other association if the labor union or other association files an election with the director to bring its members who perform such services under the coverage of the workers compensation act. The average weekly wage for the purpose of this subsection shall be based on what the employee would earn in the employees general occupation if at the time of the injury the employee had been performing work in the employees general occupation. The insurance coverage shall be furnished by the labor union or other association. Sec. 14. K.S.A. 44-515 is hereby amended to read as follows: 44515. (a) After an employee sustains an injury, the employee shall, upon request of the employer, submit to an examination at any reasonable time and place by any one or more reputable health care providers, selected by the employer, and shall so submit to an examination thereafter at intervals during the pendency of such employees claim for compensation, upon the request of the employer, but the employee shall not be required to submit to an examination oftener than twice in any one month, unless required to do so in accordance with such orders as may be made by the director. All benefits shall be suspended to an employee who refuses to submit to such examination or examinations until such time as the employee complies with the employers request. The suspension of benefits shall occur even if the employer is under preliminary order to provide such benefits. Any employee so submitting to an examination or such employees authorized representative shall upon written request be entitled to receive and shall have delivered to such employee a copy of the health care providers report of such examination within 15 days a reasonable amount of time after such examination, which report shall be identical to the report submitted to the employer. If the employee is notified to submit to an examination before any health care provider in any town or city other than the residence of the employee at the time that the employee received an injury, the employee shall not be required to submit to an examination until such employee has been furnished with sufficient funds to pay for transportation to and from the place of examination at the rate prescribed for compensation of state officers and employees under K.S.A. 75-3203a, and amendments thereto, for each mile actually and necessarily traveled to and from the place of examination, any turnpike or other tolls and any parking fees actually and necessarily incurred, and in addition the sum of $15 per day for each full day or a part thereof that the employee was required to be away from such employees residence to defray such employees board and lodging and living expenses. The employee shall not be liable for any fees or charge of any health care provider selected by the employer for making any examination of the employee. The employer or the insurance carrier of the employer of any employee making claim for compensation under the workers compensation act shall be entitled to a copy of the report of any health care provider who has examined or treated the employee in regard to such claim upon written request to the employee or the employees attorney within 15 days a reasonable amount of time after such examination or treatment, which report shall be identical to the report submitted to the employee or the employees attorney. (b) If the employee requests, such employee shall be entitled to have health care providers of such employees own selection present at the time to participate in such examination. (c) Unless a report is furnished as provided in subsection (a) and unless there is a reasonable opportunity thereafter for the health care providers selected by the employee to participate in the examination in the presence of the health care providers selected by the employer, the health care providers selected by the employer or employee shall not be permitted afterwards to give evidence of the condition of the employee at the time such examination was made. (d) Except as provided in this section, there shall be no disqualification or privilege preventing the furnishing of reports by or the testimony of any health care provider who actually makes
an examination or treats an injured employee, prior to or after an injury. (e) Any health care providers opinion, whether the provider is a treating health care provider or is an examining health care provider, regarding a claimants need for medical treatment, inability to work, prognosis, diagnosis and disability rating shall be considered and given appropriate weight by the trier of fact together with consideration of all other evidence. Sec. 15. K.S.A. 44-516 is hereby amended to read as follows: 44516. (a) In case of a dispute as to the injury, the director, in the directors discretion, or upon request of either party, may employ one or more neutral health care providers, not exceeding three in number, who shall be of good standing and ability. The health care providers shall make such examinations of the injured employee as the director may direct. The report of any such health care provider shall be considered by the administrative law judge in making the final determination. (b) If at least two medical opinions based on competent medical evidence disagree as to the percentage of functional impairment, such matter may be referred by the administrative law judge to an independent health care provider who shall be agreed upon by the parties. Where the parties cannot agree, an independent healthcare provider shall be selected by the administrative law judge. The health care provider agreed to by the parties or selected by the administrative law judge pursuant to this section shall issue an opinion regarding the employees functional impairment which shall be considered by the administrative law judge in making the final determination. Sec. 16. K.S.A. 44-520 is hereby amended to read as follows: 44520. Except as otherwise provided in this section, (a) (1) Proceedings for compensation under the workers compensation act shall not be maintainable unless notice of the accident, stating the time and place and particulars thereof, and the name and address of the person injured, is given to the employer within 10 days after the date of the accident, except that actual knowledge of the accident by the employer or the employers duly authorized agent shall render the giving of such notice unnecessary. The ten-day notice provided in this section shall not bar any proceeding for compensation under the workers compensation act if the claimant shows that a failure to notify under this section was due to just cause, except that in no event shall such a proceeding for compensation be maintained unless the notice required by this section is given to the employer within 75 days after the date of the accident unless (a) actual knowledge of the accident by the employer or the employers duly authorized agent renders the giving of such notice unnecessary as provided in this section, (b) the employer was unavailable to receive such notice as provided in this section, or (c) the employee was physically unable to give such notice injury by accident or repetitive trauma is given to the employer by the earliest of the following dates: (A) 30 calendar days from the date of accident or the date of injury by repetitive trauma; (B) if the employee is working for the employer against whom benefits are being sought and such employee seeks medical treatment for any injury by accident or repetitive trauma, 20 calendar days from the date such medical treatment is sought; or (C) if the employee no longer works for the employer against whom benefits are being sought, 20 calendar days after the employees last day of actual work for the employer. Notice may be given orally or in writing. (2) Where notice is provided orally, if the employer has designated an individual or department to whom notice must be given and such designation has been communicated in writing to the employee, notice to any other individual or department shall be insufficient under this section. If the employer has not designated an individual or department to whom notice must be given, notice must be provided to a supervisor or manager. (3) Where notice is provided in writing, notice must be sent to a supervisor or manager at the employees principal location of employment. The burden shall be on the employee to prove that such notice was actually received by the employer. (4) The notice, whether provided orally or in writing, shall include the time, date, place, person injured and particulars of such injury. It must be apparent from the content of the notice that the employee is claiming benefits under the workers compensation act or has suffered a work-related injury.
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(b) The notice required by subsection (a) shall be waived if the employee proves that (1) the employer or the employers duly authorized agent had actual knowledge of the injury; (2) the employer or the employers duly authorized agent was unavailable to receive such notice within the applicable period as provided in paragraph (1) of subsection (a); or (3) the employee was physically unable to give such notice. (c) For the purposes of calculating the notice period proscribed in subsection (a), weekends shall be included. Sec. 17. K.S.A. 2010 Supp. 44-523 is hereby amended to read as follows: 44-523. (a) The director, administrative law judge or board shall not be bound by technical rules of procedure, but shall give the parties reasonable opportunity to be heard and to present evidence, insure the employee and the employer an expeditious hearing and act reasonably without partiality. (b) Whenever a party files an application for hearing pursuant to K.S.A. 44-534, and amendments thereto, the matter shall be assigned to an administrative law judge for hearing and the administrative law judge shall set a terminal date to require the claimant to submit all evidence in support of the claimants claim no later than 30 days after the first full hearing before the administrative law judge and to require the respondent to submit all evidence in support of the respondents position no later than 30 days thereafter. An extension of the foregoing time limits shall be granted if all parties agree. An extension of the foregoing time limits may also be granted: (1) If the employee is being paid temporary or permanent total disability compensation; (2) for medical examination of the claimant if the party requesting the extension explains in writing to the administrative law judge facts showing that the party made a diligent effort but was unable to have a medical examination conducted prior to the submission of the case by the claimant but then only if the examination appointment was set and notice of the appointment sent prior to submission by the claimant; or (3) on application for good cause shown. (c) When all parties have submitted the case to an administrative law judge for an award, the administrative law judge shall issue an award within 30 days. The administrative law judge shall not stay a decision due to the absence of a submission letter. When the award is not entered in 30 days, any party to the action may notify the director that an award is not entered and the director shall assign the matter to an assistant director or to a special administrative law judge who shall enter an award forthwith based on the evidence in the record, or the director, on the directors own motion, may remove the case from the administrative law judge who has not entered an award within 30 days following submission by the party and assign it to an assistant director or to a special administrative law judge for immediate decision based on the evidence in the record. (d) Not less than 10 days prior to the first full hearing before an administrative law judge, the administrative law judge shall conduct a prehearing settlement conference for the purpose of obtaining stipulations from the parties, determining the issues and exploring the possibility that the parties may resolve those issues and reach a settlement prior to the first full hearing. (e) (1) If a party or a partys attorney believes that the administrative law judge to whom a case is assigned cannot afford that party a fair hearing in the case, the party or attorney may file a motion for change of administrative law judge. A party or a partys attorney shall not file more than one motion for change of administrative law judge in a case. The administrative law judge shall promptly hear the motion informally upon reasonable notice to all parties who have appeared in the case. Notwithstanding the provisions of K.S.A. 44-552, and amendments thereto, the administrative law judge shall decide, in the administrative law judges discretion, whether or not the hearing of such motion shall be taken down by a certified shorthand reporter. If the administrative law judge disqualifies the administrative law judges self, the case shall be assigned to another administrative law judge by the director. If the administrative law judge refuses to disqualify the administrative law judges self, the party seeking a change of administrative law judge may file in the district court of the county in which the accident or injury occurred the affidavit provided in subsection (e)(2). If an affidavit is to be filed in the district court, it shall be filed within 10 days.
(2) If a party or a partys attorney files an affidavit alleging any of the grounds specified in subsection (e)(3), the chief judge shall at once determine, or refer the affidavit to another district court judge for prompt determination of, the legal sufficiency of the affidavit. If the affidavit is filed in a district court in which there is no other judge who is qualified to hear the matter, the chief judge shall at once notify the departmental justice for the district and request the appointment of another district judge to determining the legal sufficiency of the affidavit. If the affidavit is found to be legally sufficient, the district court judge shall order the director to assign the case to another administrative law judge or to an assistant director. (3) Grounds which may be alleged as provided in subsection (e)(2) for change of administrative law judge are that: (A) The administrative law judge has been engaged as counsel in the case prior to the appointment as administrative law judge. (B) The administrative law judge is otherwise interested in the case. (C) The administrative law judge is related to either party in the case. (D) The administrative law judge is a material witness in the case. (E) The party or partys attorney filing the affidavit has cause to believe and does believe that on account of the personal bias, prejudice or interest of the administrative law judge such party cannot obtain a fair and impartial hearing. Such affidavit shall state the facts and the reasons for the belief that bias, prejudice or an interest exists. (4) In any affidavit filed pursuant to subsection (e)(2), the recital of previous rulings or decisions by the administrative law judge on legal issues or concerning prior motions for change of administrative law judge filed by counsel or such counsels law firm, pursuant to this subsection, shall not be deemed legally sufficient for any believe that bias or prejudice exists. (f) (1) Any In any claim that has not proceeded to final a regular hearing, a settlement hearing, or an agreed award under the workers compensation act within five three years from the date of filing an application for hearing pursuant to K.S.A. 44-534, and amendments thereto, shall be dismissed by the administrative law judge for lack of prosecution the employer shall be permitted to file with the division an application for dismissal based on lack of prosecution. The matter shall be set for hearing with notice to the claimants attorney, if the claimant is represented, or to the claimants last known address. The administrative law judge may grant an extension for good cause shown, which shall be conclusively presumed in the event that the claimant has not reached maximum medical improvement, provided such motion to extend is filed prior to the five three year limitation provided for herein. If the claimant cannot establish good cause, the claim shall be dismissed with prejudice by the administrative law judge for lack of prosecution. Such dismissal shall be considered a final disposition at a full hearing on the claim for purposes of employer reimbursement from the fund pursuant to subsection (b) of K.S.A. 44534a, and amendments thereto. (2) In any claim which has not proceeded to regular hearing within one year from the date of a preliminary award denying compensability of the claim, the employer shall be permitted to file with the division an application for dismissal based on lack of prosecution. The matter shall be set for hearing with notice to the claimants attorney, if the claimant is represented, or to the claimants last known address. Unless the claimant can prove a good faith reason for delay, the claim shall be dismissed with prejudice by the administrative law judge. Such dismissal shall be considered a final disposition at a full hearing on the claim for purposes of employer reimbursement from the fund pursuant to subsection (b) of K.S.A. 44-534a, and amendments thereto. (3) This section shall not affect any future benefits which have been left open upon proper application by an award or settlement. Sec. 18. K.S.A. 44-525 is hereby amended to read as follows: 44525. (a) Every finding or award of compensation shall be in writing signed and acknowledged by the administrative law judge and shall specify the amount due and unpaid by the employer to the employee up to the date of the award, if any, and the amount of the payments thereafter to be paid by the employer to the employee, if any, and the length of time such payment shall continue. No award shall include the right to future medical treatment, unless it is
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proved by the claimant that it is more probable than not that future medical treatment, as defined in subsection (e) of K.S.A. 44-510h, and amendments thereto, will be required as a result of the work-related injury. The award of the administrative law judge shall be effective the day following the date noted in the award. (b) No award shall be or provide for payment of compensation in a lump sum, except as to such portion of the compensation as shall be found to be due and unpaid at the time of the award, or except at the discretion of the director on settlement agreements, and credit shall be given to the employer in such award for any amount or amounts paid by the employer to the employee as compensation prior to the date of the award. (c) In the event the employee has been overpaid temporary total disability benefits as described in subsection (b) of K.S.A. 44534a, and amendments thereto, and the employee is entitled to additional disability benefits, the administrative law judge shall provide for the application of a credit against such benefits. The credit shall first be applied to the final week of any such additional disability benefit award and then to each preceding week until the credit is exhausted. Sec. 19. K.S.A. 44-528 is hereby amended to read as follows: 44528. (a) Any award or modification thereof agreed upon by the parties, Except lump-sum settlements approved by the director or administrative law judge, whether the award provides for compensation into the future or whether it does not, any award or modification thereof may be reviewed by the administrative law judge for good cause shown upon the application of the employee, employer, dependent, insurance carrier or any other interested party. In connection with such review, the administrative law judge may appoint one or two health care providers to examine the employee and report to the administrative law judge. The administrative law judge shall hear all competent evidence offered and if the administrative law judge finds that the award has been obtained by fraud or undue influence, that the award was made without authority or as a result of serious misconduct, that the award is excessive or inadequate or that the functional impairment or work disability of the employee has increased or diminished, the administrative law judge may modify such award, or reinstate a prior award, upon such terms as may be just, by increasing or diminishing the compensation subject to the limitations provided in the workers compensation act pursuant to the provisions set forth in K.S.A. 44-510b, 44-510c, 44-510d or 44-510e, and amendments thereto, as may be applicable. (b) If the administrative law judge finds that the employee has returned to work for the same employer in whose employ the employee was injured or for another employer and is earning or is capable of earning the same or higher wages than the employee did at the time of the accident, or is capable of gaining an income from any trade or employment which is equal to or greater than the wages the employee was earning at the time of the accident, or finds that the employee has absented and continues to be absent so that a reasonable examination cannot be made of the employee by a health care provider selected by the employer, or has departed beyond the boundaries of the United States, the administrative law judge may modify the award and reduce compensation or may cancel the award and end the compensation. (c) The number of reviews under this section shall be limited pursuant to rules and regulations adopted by the director to avoid abuse. (d) Any modification of an award under this section on the basis that the functional impairment or work disability of the employee has increased or diminished shall be effective as of the date that the increase or diminishment actually occurred, except that in no event shall the effective date of any such modification be more than six months prior to the date the application was made for review and modification under this section. Sec. 20. K.S.A. 44-531 is hereby amended to read as follows: 44531. (a) Where all parties agree to the payment of all or any part of compensation due under the workers compensation act or under any award or judgment, and where it has been determined at a hearing before the administrative law judge that it is for the best interest of the injured employee or the dependents of a deceased employee, or that it will avoid undue expense, litigation or hardship to any party or parties, the administrative law judge may permit the employer to redeem all or any part of the employers lia Kansas Secretary of State 2011
bility under the workers compensation act by the payment of compensation in a lump-sum, except that no agreement for payment of compensation in a lump sum shall be approved for nine months after an employee has returned to work in cases in which the employee, who would otherwise be entitled to compensation for work disability, is not entitled to work disability compensation because of being returned to work at a comparable wage by the employer who employed the worker at the time of the injury giving rise to the claim being settled. The employer shall be entitled to an 8% discount except as provided in subsection (a) of K.S.A. 44-510b, and amendments thereto on the amount of any such lump-sum payment that is not yet due at the time of the award. Upon paying such lump-sum the employer shall be released and discharged of and from all liability under the workers compensation act for that portion of the employers liability redeemed under this section. (b) No lump-sum awards, unless agreed to by the parties, shall be rendered under the workers compensation act except: (1) As provided in subsection (a) of this section, (2) as provided in subsection (a) K.S.A. 44-510b, and amendments thereto, (3) in cases involving compensation due the employee at the time the award is rendered as provided in K.S.A. 44-525, and amendments thereto and in cases of past due compensation as provided in K.S.A. 44529, and amendments thereto. (c) The parties, by agreement and with approval of an administrative law judge, may enter into a compromise lump-sum settlement in either permanent total or permanent partial disability cases which prorates the lump-sum settlement over the life expectancy of the injured worker. When such an agreement has been approved, neither the weekly compensation rate paid throughout the case nor the maximum statutory weekly rate applicable to the injury shall apply. No compensation rate shall exceed the maximum statutory weekly rate as of the date of the injury. Instead, the prorated rate set forth in the approved settlement documents shall control and become the rate for that case. This section shall be retroactive in effect. Sec. 21. K.S.A. 44-532a is hereby amended to read as follows: 44-532a. (a) If an employer has no insurance to secure the payment of compensation or has insufficiently funded a self-insurance bond, as provided in subsection (b) (1) and (2) of K.S.A. 44-532, and amendments thereto, and such employer is financially unable to pay compensation to an injured worker as required by the workers compensation act, or such employer cannot be located and required to pay such compensation, the injured worker may apply to the director for an award of the compensation benefits, including medical compensation, to which such injured worker is entitled, to be paid from the workers compensation fund. Whenever a worker files an application under this section, the matter shall be assigned to an administrative law judge for hearing. If the administrative law judge is satisfied as to the existence of the conditions prescribed by this section, the administrative law judge may make an award, or modify an existing award, and prescribe the payments to be made from the workers compensation fund as provided in K.S.A. 44-569, and amendments thereto. The award shall be certified to the commissioner of insurance, and upon receipt thereof, the commissioner of insurance shall cause payment to be made to the worker in accordance therewith. (b) The commissioner of insurance, acting as administrator of the workers compensation fund, shall have a cause of action against the employer for recovery of any amounts paid from the workers compensation fund pursuant to this section. Such action shall be filed in the district court of the county in which the accident occurred or where the contract of employment was entered into. Sec. 22. K.S.A. 44-534a is hereby amended to read as follows: 44-534a. (a) (1) After an application for a hearing has been filed pursuant to K.S.A. 44-534, and amendments thereto, the employee or the employer may make application for a preliminary hearing, in such form as the director may require, on the issues of the furnishing of medical treatment and the payment of temporary total or temporary partial disability compensation. At least seven days prior to filing an application for a preliminary hearing, the applicant shall give written notice to the adverse party of the intent to file such an application. Such notice of intent shall contain a specific statement of the benefit change being sought that is to be the subject of the requested preliminary hearing. If the parties do not agree to the change of benefits within the seven-day period, the party seeking a change in benefits may file an application for preliminary
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hearing which shall be accompanied by a copy of the notice of intent and the applicants certification that the notice of intent was served on the adverse party or that partys attorney and that the request for a benefit change has either been denied or was not answered within seven days after service. Copies of medical reports or other evidence which the party intends to produce as exhibits supporting the change of benefits shall be included with the application. The director shall assign the application to an administrative law judge who shall set the matter for a preliminary hearing and shall give at least seven days written notice by mail to the parties of the date set for such hearing. (2) Such preliminary hearing shall be summary in nature and shall be held by an administrative law judge in any county designated by the administrative law judge, and the administrative law judge shall exercise such powers as are provided for the conduct of full hearings on claims under the workers compensation act. Upon a preliminary finding that the injury to the employee is compensable and in accordance with the facts presented at such preliminary hearing, the administrative law judge may make a preliminary award of medical compensation and temporary total disability compensation to be in effect pending the conclusion of a full hearing on the claim, except that if the employees entitlement to medical compensation or temporary total disability compensation is disputed or there is a dispute as to the compensability of the claim, no preliminary award of benefits shall be entered without giving the employer the opportunity to present evidence, including testimony, on the disputed issues. A finding with regard to a disputed issue of whether the employee suffered an accidental accident, repetitive trauma or resulting injury, whether the injury arose out of and in the course of the employees employment, whether notice is given or claim timely made, or whether certain defenses apply, shall be considered jurisdictional, and subject to review by the board. Such review by the board shall not be subject to judicial review. If an appeal from a preliminary order is perfected under this section, such appeal shall not stay the payment of medical compensation and temporary total disability compensation from the date of the preliminary award. If temporary total compensation is awarded, such compensation may be ordered paid from the date of filing the application, except that if the administrative law judge finds from the evidence presented that there were one or more periods of temporary total disability prior to such filing date, temporary total compensation may be ordered paid for all periods of temporary total disability prior to such date of filing. The decision in such preliminary hearing shall be rendered within five days of the conclusion of such hearing. Except as provided in this section, no such preliminary findings or preliminary awards shall be appealable by any party to the proceedings, and the same shall not be binding in a full hearing on the claim, but shall be subject to a full presentation of the facts. (b) If compensation in the form of medical benefits or temporary total disability benefits has been paid by the employer or the employers insurance carrier either voluntarily or pursuant to an award entered under this section and, upon a full hearing on the claim, the amount of compensation to which the employee is entitled is found to be less than the amount of compensation paid or is totally disallowed, the employer and the employers insurance carrier shall be reimbursed from the workers compensation fund established in K.S.A. 44-566a, and amendments thereto, for all amounts of compensation so paid which are in excess of the amount of compensation the employee is entitled to less any amount deducted from additional disability benefits due the employee pursuant to subsection (c) of K.S.A. 44-525, and amendments thereto, as determined in the full hearing on the claim. The director shall determine the amount of compensation paid by the employer or insurance carrier which is to be reimbursed under this subsection, and the director shall certify to the commissioner of insurance the amount so determined. Upon receipt of such certification, the commissioner of insurance shall cause payment to be made to the employer or the employers insurance carrier in accordance therewith. No reimbursement shall be certified unless the request is made by the employer or employers insurance carrier within one year of the final award. Sec. 23. K.S.A. 44-536 is hereby amended to read as follows: 44536. (a) With respect to any and all proceedings in connection with any initial or original claim for compensation, no claim of any at-
torney for services rendered in connection with the securing of compensation for an employee or the employees dependents, whether secured by agreement, order, award or a judgment in any court shall exceed a reasonable amount for such services or 25% of the amount of compensation recovered and paid, whichever is less, in addition to actual expenses incurred, and subject to the other provisions of this section. Except as hereinafter provided in this section, in death cases, total disability and partial disability cases, the amount of attorney fees shall not exceed 25% of the sum which would be due under the workers compensation act beyond 415 weeks of permanent total disability based upon the employees average gross weekly wage prior to the date of the accident and subject to the maximum weekly benefits provided in K.S.A. 44510c, and amendments thereto. (b) All attorney fees in connection with the initial or original claim for compensation shall be fixed pursuant to a written contract between the attorney and the employee or the employees dependents, which shall be subject to approval by the director in accordance with this section. Every attorney, whether the disposition of the original claim is by agreement, settlement, award, judgment or otherwise, shall file the attorney contract with the director for review in accordance with this section. The director shall review each such contract and the fees claimed thereunder as provided in this section and shall approve such contract and fees only if both are in accordance with all provisions of this section. Any claims for attorney fees not in excess of the limits provided in this section and approved by the director shall be enforceable as a lien on the compensation due or to become due. The director shall specifically and individually review each claim of an attorney for services rendered under the workers compensation act in each case of a settlement agreement under K.S.A. 44-521, and amendments thereto or a lump-sum payment under K.S.A. 44-531, and amendments thereto as to the reasonableness thereof. In reviewing the reasonableness of such claims for attorney fees, the director shall consider the other provisions of this section and the following: (1) The written offers of settlement received by the employee prior to execution of a written contract between the employee and the attorney; the employer shall attach to the settlement worksheet copies of any written offers of settlement which were sent to the employee before the employer was aware that the employee had hired an attorney; (2) the time and labor required, the novelty and difficulty of the questions involved and the skill requisite to perform the legal services properly; (3) the likelihood, if apparent to the employee or the employees dependents, that the acceptance of the particular case will preclude other employment by the attorney; (4) the fee customarily charged in the locality for similar legal services; (5) the amount of compensation involved and the results obtained; (6) the time limitations imposed by the employee, by the employees dependents or by the circumstances; (7) the nature and length of the professional relationship with the employee or the employees dependents; and (8) the experience, reputation and ability of the attorney or attorneys performing the services. (c) No attorney fees shall be charged with respect to compensation for medical expenses, except where an allowance is made for proposed or future treatment as a part of a compromise settlement. No attorney fees shall be charged with respect to vocational rehabilitation benefits. (d) No attorney fees shall be charged in connection with any temporary total disability compensation unless the payment of such compensation in the proper amount is refused, or unless such compensation is terminated by the employer and the payment of such compensation is obtained or reinstated by the efforts of the attorney, whether by agreement, settlement, award or judgment. (e) With regard to any claim where there is no dispute as to any of the material issues prior to representation of the claimant or claimants by an attorney, or where the amount to be paid for compensation does not exceed the written offer made to the claimant or claimants by the employer prior to execution of a written contract between the employee and an attorney, the fees to any
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such attorney shall not exceed either the sum of $250 or a reasonable fee for the time actually spent by the attorney, as determined by the director, whichever is greater, exclusive of reasonable attorney fees for any representation by such attorney in reference to any necessary probate proceedings. With regard to any claim where the amount to be paid for compensation does exceed the written offer made prior to representation, fees for services rendered by an attorney shall not exceed the lesser of (1) a reasonable amount for such services; (2) an amount equal to the total of 50% of that portion of the amount of compensation recovered and paid, which is in excess of the amount of compensation offered to the employee by the employer prior to the execution of a written contract between the employee and the attorney; or (3) 25% of the total amount of compensation recovered and paid as described in subsection (a). (f) All attorney fees for representation of an employee or the employees dependents shall be only recoverable from compensation actually paid to such employee or dependents, except as specifically provided otherwise in subsection (g) and (h). (g) In the event any attorney renders services to an employee or the employees dependents, subsequent to the ultimate disposition of the initial and original claim, and in connection with an application for review and modification, a hearing for additional medical benefits, an application for penalties or otherwise, such attorney shall be entitled to reasonable attorney fees for such services, in addition to attorney fees received or which the attorney is entitled to receive by contract in connection with the original claim, and such attorney fees shall be awarded by the director on the basis of the reasonable and customary charges in the locality for such services and not on a contingent fee basis. (1) If the services rendered under this subsection by an attorney result in an additional award of disability compensation, the attorney fees shall be paid from such amounts of disability compensation. (2) If such services involve no additional award of disability compensation, but result in an additional award of medical compensation, penalties, or other benefits, the director shall fix the proper amount of such attorney fees in accordance with this subsection and such fees shall be paid by the employer or the workers compensation fund, if the fund is liable for compensation pursuant to K.S.A. 44-567, and amendments thereto, to the extent of the liability of the fund. (3) If the services rendered herein result in a denial of additional compensation, the director may authorize a fee to be paid by the respondent penalties, or other benefits, and it is determined that the attorney engaged in frivolous prosecution of the claim, the employer and insurance carrier shall not be liable for any portion of the attorney fees incurred for such services. (h) Any and all disputes regarding attorney fees, whether such disputes relate to which of one or more attorneys represents the claimant or claimants or is entitled to the attorney fees, or a division of attorney fees where the claimant or claimants are or have been represented by more than one attorney, or any other disputes concerning attorney fees or contracts for attorney fees, shall be heard and determined by the administrative law judge, after reasonable notice to all interested parties and attorneys. (i) After reasonable notice and hearing before the administrative law judge, any attorney found to be in violation of any provision of this section shall be required to make restitution of any excess fees charged. Sec. 24. K.S.A. 2010 Supp. 44-552 is hereby amended to read as follows: 44-552. (a) The director with the approval of the secretary of labor shall at each hearing under the workers compensation act appoint a certified shorthand reporter, who may be within the classified service of the Kansas civil service act, to attend each hearing where testimony is introduced, and preserve a complete record of all oral or documentary evidence introduced and all proceedings had at such hearing unless such appointment is waived by mutual agreement. At the conclusion of the hearing in any case, if neither party has requested opportunity to file briefs, the administrative law judge may read into the record for certification and filing in the office of the director such stipulations, findings, rulings or orders the administrative law judge deems expedient to the early disposition of the case. If the administrative law judge uses such procedure, with the consent of the parties, no transcript of the rec Kansas Secretary of State 2011
ord of the hearing shall be made, except that part which is read into the record by the administrative law judge. (b) All testimony introduced and proceedings had in hearings shall be taken down by the certified shorthand reporter, and if an action for review is commenced or if the director, or either party or the best interests of the administration of justice, so instructs, the certified shorthand reporter shall transcribe the certified shorthand reporters notes of such hearing. If an action for review is commenced, the cost of preparing a transcript shall be paid as provided by K.S.A. 77-620, and amendments thereto. If no action for review is commenced, the cost of preparing a transcript shall be taxed as costs in the case at the discretion of the director in accordance with fair and customary rates charged in the state of Kansas. All official notes of such certified shorthand reporters shall be preserved and filed in the office of the director. Any transcript prepared as above provided and duly certified shall be received as evidence by the board and by any court with the same effect as if the certified shorthand reporter were present and testified to the records so certified. (c) The director or administrative law judge, whoever is conducting the hearing, may make the findings, awards, decisions, rulings or modifications of findings or awards and do all acts at any time without awaiting the transcription of the testimony of the certified shorthand reporter if the director or administrative law judge deems it expedient and advisable to do so. (d) The certified short hand reporters fee shall be taxed to the division of workers compensation if a fee is incurred and no record is taken. Sec. 25. K.S.A. 44-5a01 is hereby amended to read as follows: 44-5a01. (a) Where the employer and employee or workman are subject by law or election to the provisions of the workmens compensation act, the disablement or death of an employee or workman resulting from an occupational disease as defined in this section shall be treated as the happening of an injury by accident, and the employee or workman or, in case of death, his dependents shall be entitled to compensation for such disablement or death resulting from an occupational disease, in accordance with the provisions of the workmens compensation act as in cases of injuries by accident which are compensable thereunder, except as specifically provided otherwise for occupational diseases. In no circumstances shall an occupational disease be construed to include injuries caused by repetitive trauma as defined in K.S.A. 44-508, and amendments thereto. (b) Occupational disease shall mean only a disease arising out of and in the course of the employment resulting from the nature of the employment in which the employee was engaged under such employer, and which was actually contracted while so engaged. Nature of the employment shall mean, for purposes of this section, that to the occupation, trade or employment in which the employee was engaged, there is attached a particular and peculiar hazard of such disease which distinguishes the employment from other occupations and employments, and which creates a hazard of such disease which is in excess of the hazard of such disease in general. The disease must appear to have had its origin in a special risk of such disease connected with the particular type of employment and to have resulted from that source as a reasonable consequence of the risk. Ordinary diseases of life and conditions to which the general public is or may be exposed to outside of the particular employment, and hazards of diseases and conditions attending employment in general, shall not be compensable as occupational diseases: Provided, except that compensation shall not be payable for pulmonary emphysema or other types of emphysema unless it is proved, by clear and convincing medical evidence to a reasonable probability, that such emphysema was caused, solely and independently of all other causes, by the employment with the employer against whom the claim is made, except that, if it is proved to a reasonable medical probability that an existing emphysema was aggravated and contributed to by the employment with the employer against whom the claim is made, compensation shall be payable for the resulting condition of the workman, but only to the extent such condition was so contributed to and aggravated by the employment. (c) In no case shall an employer be liable for compensation under this section unless disablement results within one (1) year or death results within three (3) years in case of silicosis, or one (1) year in case of any other occupational disease, after the last injurious exposure to the hazard of such disease in such employment,
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or, in case of death, unless death follows continuous disability from such disease, commencing within the period above limited, for which compensation has been paid or awarded or timely claim made as provided in the workmens compensation act, and results within seven (7) years after such last exposure. Where payments have been made on account of any disablement from which death shall thereafter result such payments shall be deducted from the amount of liability provided by law in case of death. The time limit prescribed by this section shall not apply in the case of an employee whose disablement or death is due to occupational exposure to ionizing radiation. (d) Where an occupational disease is aggravated by any disease or infirmity, not itself compensable, or where disability or death from any other cause, not itself compensable, is aggravated, prolonged, accelerated or in any wise contributed to by an occupational disease, the compensation payable shall be reduced and limited to such proportion only of the compensation that would be payable if the occupational disease were the sole cause of the disability or death, as such occupational disease, as a causative factor, bears to all the causes of such disability or death, such reduction in compensation to be effected by reducing the number of weekly or monthly payments or the amounts of such payments, as under the circumstances of the particular case may be for the best interest of the claimant or claimants. (e) No compensation for death from an occupational disease shall be payable to any person whose relationship to the deceased employee or workman arose subsequent to the beginning of the first compensable disability save only to afterborn children. (f) The provisions of K.S.A. 44-570, and amendments thereto, shall apply in case of an occupational disease. New Sec. 26. (a) If any provisions of this act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable. (b) This section shall be part of and supplemental to the workers compensation act. New Sec. 27. (a) Any person who is not required to be covered under a workers compensation insurance policy or other plan for the payment of workers compensation may execute an affidavit of exempt status under the workers compensation act. The affidavit shall be a form prescribed by the commissioner of insurance. The affidavit shall be available on the web site of the department of insurance.
(b) Execution of the affidavit shall establish a rebuttable presumption that the executor is not an employee for purposes of the workers compensation act and that an individual or company possessing the affidavit is in compliance and therefore shall not be responsible for workers compensation claims made by the executor. (c) The execution of an affidavit shall not affect the rights or coverage of any employee of the individual executing the affidavit. (d) (1) Knowingly providing false information on a notarized affidavit of exempt status under the workers compensation act shall constitute a misdemeanor punishable by a fine not to exceed $1,000. (2) Affidavits shall conspicuously state on the front thereof in at least 10 point, boldfaced print that it is a crime to falsify information on the form. (3) The commissioner of insurance shall immediately notify the fraud unit in the department of insurance of any violations or suspected violations of this section. The commissioner of insurance shall cooperate with the fraud unit. (e) The commissioner of insurance shall have the power to adopt all reasonable rules and regulations necessary to implement this section. Sec. 28. K.S.A. 44-549 is hereby amended to read as follows: 44549. (a) All hearings upon all claims for compensation under the workers compensation act shall be held by the administrative law judge in person in the county in which the accident occurred, or by video conferencing or telephone conference unless otherwise mutually agreed by the employee and employer. The award, finding, decision or order of an administrative law judge when filed in the office of the director shall be deemed to be the final award, finding, decision or order of the administrative law judge. (b) The director and the board, for the purpose of the workers compensation act, shall have power to administer oaths, certify to official acts, take depositions, issue subpoenas, compel the attendance of witnesses and the production of books, accounts, papers, documents, and records to the same extent as is conferred on district courts of this state under the code of civil procedure. Sec. 29. K.S.A. 44-503a, 44-510a, 44-510c, 44-510d, 44-510e, 44510f, 44-515, 44-516, 44-520, 44-520a, 44-525, 44-528, 44-531, 44532a, 44-534a, 44-536, 44-549 and 44-5a01 and K.S.A. 2010 Supp. 44-501, 44-508, 44-510b, 44-510h, 44-510k, 44-511, 44-523, 44-552 and 44-596 are hereby repealed. Sec. 30. This act shall take effect and be in force from and after May 15, 2011, and its publication in the Kansas register.
AGENCY 1: DEPARTMENT OF ADMINISTRATION Reg. No. 1-16-8 1-16-15 1-16-18 1-16-18a 1-16-20 1-65-1 1-66-1 1-66-2 1-66-3 1-67-1 1-67-2 Action Amended Amended Amended Amended Amended New New New New New New Register V. 29, p. 676 V. 29, p. 677 V. 29, p. 677 V. 29, p. 678 V. 29, p. 680 V. 30, p. 44 V. 30, p. 44 V. 30, p. 45 V. 30, p. 45 V. 30, p. 45 V. 30, p. 45
1-67-3 1-68-1 1-68-2 Reg. No. 3-3-2 3-3-2
New New New Action Amended (T) Amended
V. 30, p. 45 V. 30, p. 45 V. 30, p. 46 Register V. 29, p. 702 V. 30, p. 9
AGENCY 4: DEPARTMENT OF AGRICULTURE Reg. No. 4-3-47 4-3-47 4-3-48 4-3-50 4-7-213 4-7-716 4-10-1 4-10-1a 4-10-1b 4-10-2a through 4-10-2d 4-10-2e 4-10-2f through 4-10-2k 4-10-4 4-10-4a through 4-10-4f Action Amended (T) Amended Revoked Amended Amended Amended Amended New New Revoked Amended Revoked Revoked New Register V. 30, p. 25 V. 30, p. 411 V. 30, p. 411 V. 30, p. 411 V. 29, p. 1023 V. 29, p. 1023 V. 29, p. 254 V. 29, p. 255 V. 29, p. 255 V. 29, p. 255 V. 29, p. 255 V. 29, p. 256 V. 29, p. 256 V. 29, p. 256-258
4-10-5a 4-10-6 4-10-6a 4-10-6b 4-10-7 4-10-10 4-10-15 4-10-16 4-10-17 4-13-2 4-13-3 4-13-9 4-13-14 4-13-16 4-13-17 4-13-18 4-13-20 4-13-21 4-13-22 4-13-23 4-13-24 4-13-25 4-13-25b through 4-13-25h 4-13-25i 4-13-25j 4-13-25k 4-13-25l 4-13-25m 4-13-30
Amended Revoked New New Amended New Revoked Amended Revoked Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked Amended Amended Amended Amended Revoked Amended Amended Amended New Amended
V. 29, p. 258 V. 29, p. 259 V. 29, p. 259 V. 29, p. 259 V. 29, p. 259 V. 29, p. 260 V. 29, p. 260 V. 29, p. 260 V. 29, p. 261 V. 29, p. 69 V. 29, p. 69 V. 29, p. 71 V. 29, p. 71 V. 29, p. 71 V. 29, p. 72 V. 29, p. 72 V. 29, p. 72 V. 29, p. 72 V. 29, p. 72 V. 29, p. 72 V. 29, p. 72 V. 29, p. 1242 V. 29, p. 1243-1245 V. 29, p. 1246 V. 29, p. 1246 V. 29, p. 1246 V. 29, p. 1247 V. 29, p. 1247 V. 29, p. 72
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4-13-33 4-13-62 4-27-1 through 4-27-22 4-28-1 4-28-2 4-28-8 4-28-11 4-28-12 4-28-18 through 4-28-30 Amended Amended New Amended Amended Amended Amended Amended New V. 29, p. 73 V. 29, p. 73 V. 29, p. 706-720 V. 29, p. 720 V. 29, p. 720 V. 29, p. 721 V. 29, p. 722 V. 29, p. 722 V. 29, p. 723-725 16-11-7 16-11-8
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Amended Amended V. 29, p. 1816 V. 29, p. 1816 AGENCY 19: GOVERNMENTAL ETHICS COMMISSION Reg. No. 19-6-1 19-22-1 19-23-1 19-30-4 Reg. No. 22-1-1 22-1-2 22-1-3 22-8-13 22-10-3 22-11-6 22-11-8 22-15-7 22-18-3 Reg. No. 26-39-100 26-39-101 26-39-105 26-40-301 through 26-40-305 Action Amended Amended Amended Revoked Action Amended Amended Amended Amended Amended Revoked Amended Revoked Amended Action Amended Amended Amended New Register V. 29, p. 112 V. 30, p. 92 V. 30, p. 92 V. 30, p. 92 Register V. 30, p. 46 V. 30, p. 46 V. 30, p. 46 V. 30, p. 47 V. 30, p. 47 V. 30, p. 48 V. 30, p. 48 V. 30, p. 49 V. 30, p. 49 Register V. 29, p. 1772 V. 29, p. 1775 V. 29, p. 1777 V. 29, p. 1777-1793 28-21-22a 28-21-23a 28-21-24a 28-21-25a 28-21-26a 28-21-27a 28-21-28a 28-21-29a 28-21-30a 28-21-31a 28-21-32a 28-21-33a 28-21-34a 28-21-35a 28-21-40a 28-21-41a 28-21-42a 28-21-43a 28-21-44a 28-21-50a 28-21-51a 28-21-52a 28-21-53a 28-21-54a 28-21-55a 28-21-56a 28-21-57a 28-21-58a 28-21-59a 28-21-60a 28-21-61a 28-21-62a 28-21-63 28-21-64 28-21-70a 28-21-71a 28-21-72a 28-21-82 through 28-21-85 28-23-4 28-23-9 28-23-10 28-23-20 through 28-23-24 28-23-26 through 28-23-32 28-23-34 through 28-23-36 28-23-41 through 28-23-55 28-23-70 28-23-71 28-23-73 28-23-75 28-23-78 through 28-23-80 28-31-1 28-31-2 28-31-3 28-31-4 28-31-5 28-31-6 28-31-7 28-31-8 28-31-8b 28-31-9 28-31-10 28-31-12 28-31-13 28-31-14 28-31-15 28-31-16 28-31-100 28-31-100a 28-31-100d 28-31-100e 28-31-100f 28-31-100p 28-31-100q
Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Amended Revoked Amended Revoked Revoked Revoked Revoked Amended Amended Amended Revoked Revoked Revoked New New New New New New New V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726
AGENCY 5: DEPARTMENT OF AGRICULTUREDIVISION OF WATER RESOURCES Reg. No. Action Register 5-1-4 Amended V. 29, p. 652 5-1-9 Amended V. 29, p. 653 5-3-23 Amended (T) V. 29, p. 1338 5-3-23 Amended V. 29, p. 1598 5-4-1 Amended V. 29, p. 1476 5-4-1a New V. 29, p. 1477 5-7-1 Amended V. 29, p. 653 5-17-2 Amended V. 29, p. 654 5-21-4 Amended V. 30, p. 369 5-22-7 Amended V. 29, p. 596 5-25-5 Amended V. 29, p. 1598 5-25-15 Amended V. 29, p. 654 AGENCY 7: SECRETARY OF STATE Reg. No. Action Register 7-16-1 Amended (T) V. 29, p. 1115 7-16-1 Amended V. 29, p. 1281 AGENCY 9: ANIMAL HEALTH DEPARTMENT Reg. No. Action Register 9-7-4 Amended (T) V. 29, p. 703 9-7-4 Amended V. 29, p. 1336 9-27-1 Amended V. 29, p. 1337 AGENCY 14: DEPARTMENT OF REVENUE DIVISION OF ALCOHOLIC BEVERAGE CONTROL 14-6-2a Revoked V. 29, p. 1306 14-6-3 Revoked V. 29, p. 1306 14-6-4 Amended V. 29, p. 1306 14-11-1 New V. 29, p. 1307 14-11-4 New V. 29, p. 1307 14-11-5 Amended V. 29, p. 1307 14-11-6 Amended V. 29, p. 1307 14-11-7 Amended V. 29, p. 1307 14-11-9 Amended V. 29, p. 1307 14-11-10a Revoked V. 29, p. 1307 14-11-10b Revoked V. 29, p. 1308 14-11-10d Revoked V. 29, p. 1308 14-11-11 Revoked V. 29, p. 1633 14-11-14 Revoked V. 29, p. 1308 14-11-15 Amended V. 29, p. 1308 14-11-16 Amended V. 29, p. 1308 14-11-22 New V. 29, p. 1633 14-11-23 through 14-11-29 New V. 29, P. 1308-1310 14-11-27 Revoked V. 29, p. 1730 14-16-25 New V. 29, p. 1310 14-19-27 Amended V. 29, p. 1310 14-19-38 New V. 29, p. 1311 14-19-39 New V. 29, p. 1311 14-20-29 Amended V. 29, p. 1311 14-20-40 New V. 29, p. 1312 14-20-41 New V. 29, p. 1312 14-21-12 Amended V. 29, p. 1313 14-21-21 New V. 29, p. 1313 14-21-22 New V. 29, p. 1313 14-23-2 Amended V. 29, p. 1314 14-23-5 Amended V. 29, p. 1314 14-23-8 Amended V. 29, p. 1314 14-23-10 Amended V. 29, p. 1315 14-24-1 through 14-24-6 Revoked V. 29, p. 1315 AGENCY 16: KANSAS ATTORNEY GENERAL Reg. No. Action Register 16-11-1 through 16-11-5 Amended V. 29, p. 1813-1815 16-11-6 Revoked V. 29, p. 1816
AGENCY 28: DEPARTMENT OF HEALTH AND ENVIRONMENT Reg. No. 28-1-27 28-1-30 28-1-31 28-1-32 28-4-92 28-4-92 28-4-370 through 28-4-379 28-4-503 28-4-505 28-4-514 28-4-520 28-4-521 28-4-1300 through 28-4-1318 28-16-28g 28-19-200a 28-19-202 28-19-325 28-19-350 28-19-517 28-19-645a 28-19-712 28-19-712a through 28-19-712d 28-19-713 28-19-713a through 28-19-713d 28-19-720 28-19-728 28-19-728a through 28-19-728f 28-19-735 28-19-750 28-19-750a 28-21-1 28-21-6 28-21-7 28-21-8 28-21-9 28-21-10 28-21-11 28-21-20a 28-21-21a Action New New New New Amended (T) Amended Revoked Amended Amended Amended New New New Amended New Amended New Amended Amended New (T) New New New New Amended Revoked Revoked Amended Amended Amended Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Register V. 30, p. 111 V. 30, p. 369 V. 30, p. 370 V. 30, p. 370 V. 29, p. 1348 V. 29, p. 1705 V. 29, p. 1024 V. 29, p. 1662 V. 29, p. 1662 V. 29, p. 1663 V. 29, p. 1663 V. 29, p. 1663 V. 29, p. 1024-1032 V. 29, p. 181 V. 29, p. 1634 V. 29, p. 1509 V. 29, p. 1634 V. 29, p. 1635 V. 29, p. 1510 V. 30, p. 232 V. 29, p. 866 V. 29, p. 867 V. 29, p. 867 V. 29, p. 867, 868 V. 29, p. 1510 V. 29, p. 1511 V. 29, p. 1511 V. 29, p. 1511 V. 29, p. 1511 V. 29, p. 1511 V. 29, p. 725 V. 29, p. 725 V. 29, p. 725 V. 29, p. 725 V. 29, p. 725 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726
Vol. 30, No. 17, April 28, 2011
28-31-100r 28-31-100s 28-31-124 28-31-124a 28-31-124b 28-31-124c 28-31-124d 28-31-124e 28-31-260 28-31-260a 28-31-261 28-31-261a 28-31-262 28-31-262a 28-31-263 28-31-263a 28-31-264 28-31-264a 28-31-265 28-31-265a 28-31-266 28-31-267 28-31-267a 28-31-268 28-31-270 28-31-270a 28-31-273 28-31-279 28-31-279a 28-35-135l 28-35-135t 28-35-135w 28-35-175a 28-35-178b 28-35-178e 28-35-178j 28-35-180b 28-35-181a 28-35-181e 28-35-181j 28-35-181m 28-35-181o 28-35-192b 28-35-192c 28-35-192d 28-35-192e 28-35-192g 28-35-194a 28-35-212a 28-35-216a 28-35-225b 28-35-231c 28-35-242 28-35-264 28-35-334 28-35-346 28-35-411 28-36-30 28-36-31 28-36-70 through 28-36-89 28-36-101 through 28-36-109 28-39-162 28-39-162a 28-39-162b 28-39-162c 28-43-1 through 28-43-11 28-46-1 28-46-2a 28-46-3 through 28-46-22 28-46-27 28-46-28 28-46-29 28-46-29a 28-46-30 28-46-30a 28-46-30b 28-46-31 New New New New New New New New New New New New New New New New New New New New New New New New New New New New New Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked Amended Amended Amended Amended Amended Revoked Amended Amended Amended Amended Amended New Amended Amended Amended Amended Amended Amended Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Amended Amended Amended Amended Amended Amended New Amended New New Amended V. 30, p. 420 V. 30, p. 421 V. 30, p. 422 V. 30, p. 423 V. 30, p. 423 V. 30, p. 423 V. 30, p. 424 V. 30, p. 424 V. 30, p. 425 V. 30, p. 426 V. 30, p. 426 V. 30, p. 427 V. 30, p. 427 V. 30, p. 427 V. 30, p. 428 V. 30, p. 429 V. 30, p. 429 V. 30, p. 431 V. 30, p. 432 V. 30, p. 433 V. 30, p. 433 V. 30, p. 434 V. 30, p. 434 V. 30, p. 434 V. 30, p. 434 V. 30, p. 435 V. 30, p. 436 V. 30, p. 436 V. 30, p. 437 V. 30, p. 195 V. 30, p. 196 V. 30, p. 197 V. 30, p. 198 V. 30, p. 198 V. 30, p. 200 V. 30, p. 201 V. 30, p. 201 V. 30, p. 203 V. 30, p. 203 V. 30, p. 203 V. 30, p. 204 V. 30, p. 205 V. 30, p. 206 V. 30, p. 206 V. 30, p. 207 V. 30, p. 207 V. 30, p. 207 V. 30, p. 207 V. 30, p. 208 V. 30, p. 209 V. 30, p. 210 V. 30, p. 210 V. 30, p. 210 V. 30, P. 210 V. 30, p. 211 V. 30, p. 212 V. 30, p. 212 V. 29, p. 727 V. 29, p. 727 V. 29, p. 727 V. 29, p. 727 V. 29, p. 1777 V. 29, p. 1777 V. 29, p. 1777 V. 29, p. 1777 V. 29, p. 1137 V. 29, p. 1138 V. 29, p. 1138 V. 29, p. 1139-1141 V. 29, p. 1141 V. 29, p. 1141 V. 29, p. 1141 V. 29, p. 1142 V. 29, p. 1142 V. 29, p. 1142 V. 29, p. 1144 V. 29, p. 1144
Kansas Register
28-46-33 28-46-34 28-46-35 28-46-40 28-46-41 28-46-44 28-46-45 28-53-1 28-53-2 28-53-4 28-61-1 28-61-2 28-61-3 28-61-4 28-61-5 28-61-8 28-72-1 28-72-1a 28-72-1c 28-72-1d 28-72-1e 28-72-1g 28-72-1h 28-72-1i 28-72-1k 28-72-1l 28-72-1m 28-72-1n 28-72-1o 28-72-1p 28-72-1r 28-72-1s 28-72-1t 28-72-1v 28-72-1x 28-72-2 28-72-3 28-72-4 28-72-4a 28-72-4b 28-72-4c 28-72-5 28-72-6 28-72-6a 28-72-7 28-72-7a 28-72-8 28-72-9 28-72-10 28-72-10a 28-72-11 28-72-12 28-72-13 28-72-14 28-72-15 28-72-16 28-72-17 28-72-18 28-72-18a 28-72-18b 28-72-18c 28-72-18d 28-72-18e 28-72-19 28-72-20 28-72-21 28-72-22 28-72-51 28-72-52 28-72-53 Amended Amended Amended Amended Amended Amended New Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked New New New New New New New New New New New New New New New New New New Amended Amended Amended Amended Revoked Amended Amended Amended New Amended New Amended Amended Amended New Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended V. 29, p. 1144 V. 29, p. 1145 V. 29, p. 1145 V. 29, p. 1145 V. 29, p. 1145 V. 29, p. 1145 V. 29, p. 1145 V. 30, p. 463 V. 30, p. 463 V. 30, p. 463 V. 29, p. 419 V. 30, p. 336 V. 30, p. 337 V. 30, p. 337 V. 29, p. 420 V. 29, p. 422 V. 29, p. 357 V. 29, p. 357 V. 29, p. 357 V. 29, p. 358 V. 29, p. 358 V. 29, p. 358 V. 29, p. 358 V. 29, p. 359 V. 29, p. 359 V. 29, p. 359 V. 29, p. 360 V. 29, p. 360 V. 29, p. 360 V. 29, p. 360 V. 29, p. 361 V. 29, p. 361 V. 29, p. 361 V. 29, p. 361 V. 29, p. 361 V. 29, p. 361 V. 29, p. 362 V. 29, p. 362 V. 29, p. 366 V. 29, p. 368 V. 29, p. 368 V. 29, p. 369 V. 29, p. 370 V. 29, p. 371 V. 29, p. 373 V. 29, p. 373 V. 29, p. 374 V. 29, p. 375 V. 29, p. 376 V. 29, p. 377 V. 29, p. 378 V. 29, p. 378 V. 29, p. 379 V. 29, p. 379 V. 29, p. 380 V. 29, p. 380 V. 29, p. 381 V. 29, p. 382 V. 29, p. 383 V. 29, p. 384 V. 29, p. 384 V. 29, p. 385 V. 29, p. 386 V. 29, p. 387 V. 29, p. 387 V. 29, p. 387 V. 29, p. 388 V. 29, p. 388 V. 29, p. 389 V. 29, p. 389 36-39-6 36-42-1 through 36-42-9 Amended New
507
V. 29, p. 1416 V. 29, p. 502-504
New
V. 29, p. 675, 676
AGENCY 66: BOARD OF TECHNICAL PROFESSIONS Reg. No. 66-8-6 66-10-1 66-12-1 66-14-10 Reg. No. 68-1-1b 68-7-11 68-7-21 68-20-10a 68-20-24 68-20-25 68-20-26 68-20-27 68-21-1 through 68-21-7 68-21-2 Action Amended Amended Amended Amended Action Amended Amended New Amended New (T) New (T) New (T) New (T) New Amended Register V. 29, p. 794 V. 29, p. 794 V. 29, p. 794 V. 29, p. 794 Register V. 29, p. 465 V. 29, p. 1053 V. 29, p. 465 V. 29, p. 466 V. 30, p. 357 V. 30, p. 357 V. 30, p. 357 V. 30, p. 357 V. 29, p. 1417-1420 V. 30, p. 370
AGENCY 36: DEPARTMENT OF TRANSPORTATION Reg. No. 36-39-2 36-39-2 36-39-4 36-39-4 36-39-6 Action Amended (T) Amended Amended (T) Amended Amended (T) Register V. 29, p. 1090 V. 29, p. 1416 V. 29, p. 1091 V. 29, p. 1416 V. 29, p. 1091
(continued)
Vol. 30, No. 17, April 28, 2011
508
AGENCY 71: KANSAS DENTAL BOARD Reg. No. Action Register 71-5-1 through 71-5-6 Revoked V. 29, p. 1593 71-5-7 through 71-5-13 New V. 29, p. 1593-1597 AGENCY 74: BOARD OF ACCOUNTANCY Reg. No. Action Register 74-4-8 Amended V. 29, p. 1636 74-4-9 Amended V. 29, p. 1638 74-5-2 Amended V. 29, p. 1638 74-5-101 Amended V. 29, p. 1639 74-5-202 Amended V. 29, p. 1639 74-5-203 Amended V. 29, p. 1639 74-6-2 Amended V. 29, p. 1640 74-11-6 Amended V. 29, p. 1640 74-11-7 Amended V. 29, p. 1640 74-12-1 Amended V. 29, p. 1641 74-15-2 Revoked V. 29, p. 1641 AGENCY 82: STATE CORPORATION COMMISSION Reg. No. Action Register 82-1-219 Amended V. 29, p. 1099 82-3-101a New V. 29, p. 1508 82-3-311a New V. 29, p. 181 82-3-1100 through 82-3-1120 New V. 29, p. 182-190 82-4-2 Amended V. 29, p. 1443 82-4-3a Amended V. 29, p. 1443 82-4-3d Amended V. 29, p. 1444 82-4-3f Amended V. 29, p. 1390 82-4-3n New V. 29, p. 1444 82-4-3o New V. 29, p. 1445 82-4-6a Amended V. 29, p. 1446 82-4-8h Amended V. 29, p. 1446 82-4-21 Amended V. 29, p. 1446 82-4-22 Amended V. 29, p. 1446 82-4-23 Amended V. 29, p. 1447 82-4-24a Amended V. 29, p. 1447 82-4-26 Amended V. 29, p. 1447 82-4-26a Amended V. 29, p. 1447 82-4-27 Amended V. 29, p. 1447 82-4-27a Amended V. 29, p. 1448 82-4-27c Amended V. 29, p. 1448 82-4-27e Amended V. 29, p. 1449 82-4-28 Revoked V. 29, p. 1449 82-4-28a Revoked V. 29, p. 1449 82-4-28b Revoked V. 29, p. 1449 82-4-30a Amended (T) V. 29, p. 702 82-4-30a Amended V. 29, p. 1392 82-4-31 Revoked V. 29, p. 1450 82-4-32 Amended V. 29, p. 1450 82-4-33 Amended V. 29, p. 1450 82-4-35 Amended V. 29, p. 1450 82-4-35a Amended V. 29, p. 1450 82-4-37 Revoked V. 29, p. 1450 82-4-40 Amended V. 29, p. 1450 82-4-42 Amended V. 29, p. 1450 82-4-48 Amended V. 29, p. 1451 82-4-48a Amended V. 29, p. 1451 82-4-53 Amended V. 29, p. 1451 82-4-54 Amended V. 29, p. 1452 82-4-55 Amended V. 29, p. 1452 82-4-56a Amended V. 29, p. 1452 82-4-57 Amended V. 29, p. 1453 82-4-58 Amended V. 29, p. 1453 82-4-62 Revoked V. 29, p. 1453 82-4-63 Amended V. 29, p. 1453 82-4-65 Amended V. 29, p. 1453 82-4-77 Amended V. 29, p. 1454 82-16-1 through 82-16-6 New V. 29, p. 1598-1601 82-17-1 through 82-17-5 New V. 29, p. 1136, 1137 AGENCY 88: BOARD OF REGENTS Reg. No. 88-24-1 88-28-1 Action Amended Amended Register V. 29, p. 1415 V. 30, p. 193 88-28-6 88-30-1
Kansas Register
Amended Amended V. 29, p. 408 V. 30, p. 194 105-11-1 AGENCY 91: DEPARTMENT OF EDUCATION Reg. No. 91-40-1 91-40-27 Reg. No. 92-19-3 92-19-3a 92-19-3b 92-19-3c 92-19-10 92-19-16a 92-19-16b 92-19-40 92-19-42 92-19-49b 92-19-55b 92-19-59 92-19-73 92-24-23 92-51-25a Reg. No. 94-2-1 through 94-2-21 94-5-1 through 94-5-25 Action Amended Amended Action Revoked New New New Revoked Amended Revoked Revoked Revoked Amended New Amended Amended Amended New Action Register V. 29, p. 1093 V. 29, p. 1098 Register V. 30, p. 280 V. 30, p. 280 V. 30, p. 283 V. 30, p. 285 V. 30, p. 285 V. 30, p. 285 V. 30, p. 286 V. 30, p. 286 V. 30, p. 286 V. 30, p. 286 V. 30, p. 287 V. 30, p. 289 V. 30, p. 289 V. 29, p. 1633 V. 29, p. 1281 Register
Amended V. 29, p. 1507 AGENCY 108: STATE EMPLOYEES HEALTH CARE COMMISSION Reg. No. 108-1-1 108-1-1 108-1-3 108-1-3 108-1-4 108-1-4 Action Amended (T) Amended Amended (T) Amended Amended (T) Amended Register V. 29, p. 1340 V. 30, p. 166 V. 29, p. 1342 V. 30, p. 168 V. 29, p. 1344 V. 30, p. 170
AGENCY 109: BOARD OF EMERGENCY MEDICAL SERVICES Reg. No. 109-1-1a 109-5-1 109-5-1a 109-5-1b 109-5-1d 109-5-1e 109-5-1f 109-5-3 109-5-4 109-5-7a 109-5-7b 109-5-7d 109-6-1 109-6-2 109-8-1 109-10-1a 109-10-1b 109-10-1d 109-10-1e 109-10-1f 109-10-1g 109-10-6 109-10-7 109-11-1 109-11-1a 109-11-3 109-11-3a 109-11-4 109-11-6 109-11-6a 109-15-2 Reg. No. 110-4-1 through 110-4-5 110-21-1 through 110-21-5 Action New (T) Amended (T) New (T) New (T) New (T) New (T) New (T) Amended Revoked New (T) New (T) New (T) Amended Amended Amended (T) New (T) New (T) New (T) New (T) New (T) New (T) Amended (T) New Amended New (T) Amended New (T) Amended Amended New (T) Amended Action Register V. 30, p. 138 V. 30, p. 138 V. 30, p. 139 V. 30, p. 139 V. 30, p. 139 V. 30, p. 139 V. 30, p. 139 V. 29, p. 1282 V. 29, p. 113 V. 30, p. 139 V. 30, p. 140 V. 30, p. 141 V. 29, p. 113 V. 29, p. 113 V. 30, p. 141 V. 30, p. 141 V. 30, p. 142 V. 30, p. 142 V. 30, p. 142 V. 30, p. 142 V. 30, p. 142 V. 30, p. 143 V. 29, p. 113 V. 29, p. 1283 V. 30, p. 143 V. 29, p. 1284 V. 30, p. 144 V. 29, p. 1284 V. 29, p. 1285 V. 30, p. 144 V. 29, p. 1285 Register
Revoked New
V. 29, p. 1478, 1479 V. 29, p. 1479-1485
New
V. 29, p. 252-254
Amended New
V. 30, p. 25-27 V. 30, p. 411-413
AGENCY 105: BOARD OF INDIGENTS DEFENSE SERVICES Reg. No. 105-4-1 105-4-1 105-5-2 105-5-2 105-5-3 105-5-3 105-5-6 105-5-6 105-5-7 105-5-7 105-5-8 105-5-8 105-11-1 Action Amended (T) Amended Amended (T) Amended Amended (T) Amended Amended (T) Amended Amended (T) Amended Amended (T) Amended Amended (T) Register V. 29, p. 1338 V. 29, p. 1506 V. 29, p. 1339 V. 29, p. 1506 V. 29, p. 1339 V. 29, p. 1506 V. 29, p. 1339 V. 29, p. 1506 V. 29, p. 1339 V. 29, p. 1507 V. 29, p. 1340 V. 29, p. 1507 V. 29, p. 1340
AGENCY 111: KANSAS LOTTERY A complete index listing all regulations filed by the Kansas Lottery from 1988 through 2000 can be found in the Vol. 19, No. 52, December 28, 2000 Kansas Register. A list of regulations filed from 2001 through 2003 can be found in the Vol. 22, No. 52, December 25, 2003 Kansas Register. A list of regulations filed from 2004 through 2005 can be found in the Vol. 24, No. 52, December 29, 2005 Kansas Register. A list of regulations filed from 2006 through 2007 can be found in the Vol. 26, No. 52, December 27, 2007 Kansas Register. A list of regulations filed from 2008 through November 2009 can be found in the Vol. 28, No. 53, December 31, 2009 Kansas Register. The following regulations were filed after December 1, 2009: Reg. No. 111-2-30 111-2-230 111-2-231 111-2-232 111-2-233 111-2-234 111-2-235 through 111-2-240 111-2-241 111-2-242 Action Amended Amended Amended Amended Amended New New New New Register V. V. V. V. V. V. 29, 30, 30, 29, 29, 29, p. p. p. p. p. p. 215 232 233 215 215 746
V. 29, p. 1214, 1215 V. 29, p. 1247 V. 29, p. 1247
Vol. 30, No. 17, April 28, 2011
111-2-243 through 111-2-248 111-2-247 111-2-248 111-2-249 through 111-2-252 111-2-249 111-2-253 111-2-254 111-2-255 111-4-2899 through 111-4-2907 111-4-2908 through 111-4-2911 111-4-2911a 111-4-2912 through 111-4-2923 111-4-2924 through 111-4-2930 111-4-2931 through 111-4-2938 111-4-2939 through 111-4-2948 111-4-2949 through 111-4-2984 111-4-2949 through 111-4-2984 111-4-2985 through 111-4-2988 111-4-2989 111-4-2990 111-4-2991 111-4-2992 through 111-4-3011 111-4-3012 through 111-4-3022 111-4-3023 through 111-4-3027 111-4-3028 through 111-4-3031 111-4-3032 through 111-4-3045 111-4-3046 through 111-4-3054 111-5-175 through 111-5-179 111-5-180 through 111-5-194 111-5-181 111-5-184 111-5-186 111-5-194 111-7-243 through 111-7-248 111-9-162 111-9-163 111-9-164 111-9-165 111-9-166 111-9-167 111-9-168 111-9-169 111-9-170
Kansas Register
111-15-1 111-15-3 111-201-1 through 111-201-17 111-301-1 through 111-301-6 111-301-7 through 111-301-12 111-301-13 through 111-301-20 111-302-1 through 111-302-6 111-302-4 111-303-1 through 111-303-5 111-304-1 through 111-304-6 111-305-1 through 111-305-6 111-306-1 through 111-306-6 111-306-4 111-306-6 111-307-1 through 111-307-7 111-308-1 through 111-308-7 111-309-1 through 111-309-6 111-310-1 through 111-310-6 111-311-1 through 111-311-7 111-312-1 through 111-312-8 111-312-6 111-312-8 Amended Amended New New New New New Amended New New New New Amended Amended New New New New New New Amended Amended V. 30, p. 238 V. 30, p. 365 V. 29, p. 73-79 V. 29, p. 79, 80 V. 30, p. 244-248 V. 30, p. 366-368 V. 29, p. 82-86 V. 30, p. 249 V. 29, p. 87-89 V. 29, p. 89-91 V. 29, p. 474, 475 V. 29, p. 1185-1187 V. 29, p.1260 V. 29, p. 1219 V. 29, p. 1189-1191 V. 29, p. 1261-1263 V. 29, p. 1528-1530 V. 29, p. 1530-1532 V. 29, p. 1532-1535 V. 30, p. 239, 240 V. 30, p. 368 V. 30, p. 368 112-108-36 112-108-55 112-110-3 112-112-1 112-112-3 112-112-4 112-112-7 112-112-9 Amended Amended Amended Amended Amended Amended Amended Amended V. V. V. V. V. V. V. V. 30, 30, 30, 30, 30, 30, 30, 30,
509
p. p. p. p. p. p. p. p. 312 313 313 314 314 314 315 315
New Amended Amended New Amended New New Amended New New New New New New New New New New New New New New New New New New New New New Amended Amended Amended Amended New New New New New New New New New New
V. 29, p. 1512, 1513 V. 30, p. 233 V. 30, p. 233 V. 30, p. 233, 234 V. 30, p. 357 V. 30, p. 241 V. 30, p. 241 V. 30, p. 358 V. 29, p. 9-14 V. 29, p. 149-152 V. 29, p. 152 V. 29, p. 153-157 V. 29, p. 216-222 V. 29, p. 467-473 V. 29, p. 569-575 V. 29, p. 746-769 V. 29, p. 746-769 V. 29, p. 1180-1183 V. 29, p. 1216 V. 29, p. 1217 V. 29, p. 1218 V. 29, p. 1248-1259 V. 29, p. 1513-1522 V. 30, p. 234-237 V. 30, p. 241-243 V. 30, p. 249-258 V. 30, p. 358-364 V. 29, p. 157-159 V. 29, p. 222-228 V. 29, p. 1522 V. 29, p. 1523 V. 29, p. 1524 V. 29, p. 1525 V. 30, p. 259, 260 V. 29, p. 229 V. 29, p. 229 V. 29, p. 230 V. 29, p. 769 V. 29, p. 1184 V. 29, p. 1526 V. 29, p. 1526 V. 29, p. 1527 V. 30, p. 261
AGENCY 112: RACING AND GAMING COMMISSION Reg. No. 112-101-6 112-102-8 112-103-2 112-103-4 112-103-5 112-103-8 112-103-15 112-104-1 112-104-8 112-104-13 112-104-14 112-104-15 112-104-16 112-104-32 112-105-1 112-105-2 112-105-3 112-106-1 112-106-2 112-106-5 112-106-6 112-107-3 112-107-5 112-107-10 112-107-21 112-107-22 112-108-18 Action Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Register V. 30, p. 290 V. 30, p. 290 V. 30, p. 291 V. 30, p. 292 V. 30, p. 292 V. 30, p. 292 V. 30, p. 292 V. 30, p. 293 V. 30, p. 294 V. 30, p. 295 V. 30, p. 297 V. 30, p. 297 V. 30, p. 298 V. 30, p. 300 V. 30, p. 301 V. 30, p. 301 V. 30, p. 301 V. 30, p. 301 V. 30, p. 303 V. 30, p. 303 V. 30, p. 304 V. 30, p. 304 V. 30, p. 307 V. 30, p. 308 V. 30, p. 309 V. 30, p. 310 V. 30, p. 311
Vol. 30, No. 17, April 28, 2011
Kansas Register
Vol. 30, No. 18 May 5, 2011 Pages 511-544
In this issue . . .
Page
Kansas Judicial Council Notice of meetings...................................................................................................................... 513 Office of the Governor Executive Order 11-07, declaring conditional and temporary relief from motor carrier rules and regulations .............................................................................................................. 513 Heartland Works, Inc. Request for proposals for group health/dental, life and disability insurance................................... 514 Social and Rehabilitation Services Request for proposals for Interim Housing Grant ......................................................................... 514 Request for proposals for support and expansion of Oxford Houses ............................................ 514 Secretary of State Code mortgage rate for May ....................................................................................................... 514 Usury rate for May ..................................................................................................................... 514 Executive appointments .............................................................................................................. 515 Department of AdministrationDivision of Facilities Management Notices of requested architectural services ............................................................................ 515, 516 Notice of requested engineering services ..................................................................................... 516 Kansas State Fire Marshal Notices of hearing on proposed administrative regulations.................................................... 516, 517 Kansas Water Authority Notice of meetings...................................................................................................................... 517 Department of AdministrationDivision of Purchases Notice to bidders for state purchases ........................................................................................... 517 City of Overland Park Notice to bidders ........................................................................................................................ 518 Kansas Board of Regents Universities Notice to bidders ........................................................................................................................ 519 Kansas Development Finance Authority Notice of hearing on proposed revenue bonds ............................................................................. 519 Pooled Money Investment Board Notice of investment rates........................................................................................................... 520 Notice of Bond Sale City of Andover ......................................................................................................................... 520 Behavioral Sciences Regulatory Board Notice of hearing on proposed administrative regulations ............................................................ 521 Kansas State Fair Board Notice of meeting ....................................................................................................................... 521 Social and Rehabilitation Services, Kansas Department on Aging and Kansas Health Policy Authority Notice of proposed nursing facility Medicaid rates....................................................................... 521 (continued on next page)
512
Kansas Register
In this issue
Department of Health and Environment Request for comments on proposed waste tire monofill permit ..................................................... 533 Request for comments on proposed air quality permit.................................................................. 533 Notice concerning water pollution control permits/applications .................................................... 534 State Board of Mortuary Arts Notice of hearing on proposed administrative regulations ............................................................ 535 Permanent Administrative Regulations Department of Wildlife and Parks ............................................................................................... 536 Board of Pharmacy ..................................................................................................................... 537 Index to administrative regulations ................................................................................................ 539
Vol. 30, No. 18, May 5, 2011
Meetings/Executive Order
State of Kansas
Kansas Register
513

Date May 13 May 20 May 20 May 26 June 3 June 10 June 17 June 17 June 17 June 24 June 24 Committee Commission on Judicial Performance Lien Law Sub-Committee Pattern Instructions for Kansas-Criminal Supreme Court Rules Judicial Council Commission on Judicial Performance Lien Law Criminal Law Probate Law Juvenile Offender/ Child in Need of Care Pattern Instructions for Kansas-Criminal Time 9:30 a.m. 9:30 a.m. 9:30 a.m. 9:30 a.m. 9:00 a.m. 9:30 a.m. 9:30 a.m. 9:30 a.m. 9:30 a.m. 9:30 a.m. 9:30 a.m. Location Room 269 Suite 140-West Room 269 Fatzer Courtroom Suite 140-West Suite 140-West Room 269 Suite 140-East Suite 140-West Suite 140-West Room 269

Doc. No. 039370
State of Kansas

Executive Order 11-07 Conditional and Temporary Relief from Motor Carrier Rules and Regulations WHEREAS, K.S.A. 48-925(b) provides that the Governor may issue orders and proclamations which shall have the force and effect of law under subsection (b) of K.S.A. 48-924; and WHEREAS, on the 23rd day of April, 2011, I declared a state of local emergency for Saline County as a result of train derailment in the City of Salina; and WHEREAS, this disaster has caused or threatens to cause an emergency as defined in 49 C.F.R. 390.5, as adopted by K.A.R. 82-4-3f and which has or threatens to interrupt the delivery of essential services or essential supplies or otherwise immediately threatens physical harm or injury to persons, the public welfare and/or substantial damage to property; and WHEREAS, conditions exists which require the operation of motor carriers and drivers of commercial motor vehicles for the purposes of providing direct assistance to supplement State and local efforts in the restoration of services and relief in the affected area(s) of the State of Kansas. NOW, THEREFORE, pursuant to the authority vested in me as Governor of the State of Kansas, I hereby declare there is a state of local emergency existing in the abovelisted counties, and as a result, it is necessary to expedite all efforts of restoration of services and relief. In order to
accommodate this need and to provide assistance to the citizens of Kansas in this emergency situation, I hereby order the following: 1. This declaration only applies to those motor carriers and persons operating commercial motor vehicles and directly participating in the restoration and relief efforts; and 2. in accordance with Title 49 C.F.R. 390.23, the requirements contained in the Federal Motor Carrier Safety Regulations, Title 49 C.F.R. Parts 390-399 are hereby suspended through the duration of the motor carriers assistance in the disaster relief effort not to exceed a period of five (5) days from the date of the initial declaration unless the order is rescinded or expanded by executive order or concurrent resolution of the legislature; and 3. all other applicable state and federal regulations shall apply to include but not limited to: Title 49 C.F.R. Part 382, Controlled Substances and Alcohol Use and Testing; the Kansas Motor Vehicle Drivers License Act, K.S.A. 8-234 et. seq. and Title 49 C.F.R. Part 383 Commercial Drivers License Standards as adopted by the Kansas Uniform Commercial Drivers License Act, K.S.A. 8-2,125 et. seq., the federal Minimum Levels of Financial Responsibility (insurance requirements) Title 49 C.F.R. Part 387 as adopted by K.A.R. 82-4-3n and state insurance requirements as provided in K.A.R. 82-4-23; and, adherence to the regulations governing the Transportation of Hazardous Materials as provided Title 49 C.F.R. 397 and adopted by K.A.R. 82-4-3k and Parts: 107, 171-173, 177, 178 and 180 as adopted by K.A.R. 82-4-20; and 4. the registration and fuel tax permits as enforced by the Kansas Department of Revenue are temporarily suspended; and 5. the licensing, certification and permitting rules and regulations as required by the Kansas Corporation Commission are temporarily suspended; and 6. participating motor carriers must still obtain the requisite over dimension/overweight permits as required by the Kansas Department of Transportation prior to operating; however, the fees associated with these permits are temporarily waived. Additionally, motor carriers and persons participating in restoration and recovery efforts will receive priority service and may operate during low visibility, night, holiday and curfew hours if the carriers and/or driver use clearance lights and/or escort vehicles. This document shall be filed with the Secretary of State as Executive Order No. 11-07 and shall become effective immediately. Dated April 25, 2011. Sam Brownback Governor
Doc. No. 039372
Vol. 30, No. 18, May 5, 2011
514
(Published in the Kansas Register May 5, 2011.)
Kansas Register
State of Kansas
RFP/Rates

Request for Proposals Heartland Works, Inc. is accepting bids for the purchase of group health/dental, life and disability insurance. To receive a request for proposal, including all specifications, contact the Heartland Works office at 5020 S.W. 28th St., Suite 100, Topeka, 66614-2348, (785) 234-0500. Requests for required Health Assessment Forms must be submitted to HWI by May 17. Bid proposals must be received not later than 3 p.m. June 9. Heartland Works welcomes all interested companies/agents to submit proposals. Kristine Kitchen Executive Director
Doc. No. 039387
Secretary of State
Code Mortgage Rate for May Pursuant to the provisions of K.S.A. 16a-1-301, Section 11, the code mortgage rate during the period of May 1, 2011 through May 31, 2011, is 12 percent. Kris W. Kobach Secretary of State
Doc. No. 039363
State of Kansas
Secretary of State
Usury Rate for May Pursuant to the provisions of K.S.A. 16-207, the maximum effective rate of interest per annum for notes secured by all real estate mortgages and contracts for deed for real estate (except where the note or contract for deed permits adjustment of the interest rate, the term of the loan or the amortization schedule) executed during the period of May 1, 2011 through May 31, 2011, is 6.01 percent. Kris W. Kobach Secretary of State
Doc. No. 039364
State of Kansas

Request for Proposals The Kansas Department of Social and Rehabilitation Services, Division of Disability and Behavioral Health Services-Mental Health Services (DBHS-MH), announces the release of the Interim Housing Grant for fiscal year 2012. The intended use of the grant is to continue or create new interim housing projects for persons experiencing severe and persistent mental illness and for youth (18-21) with serious emotional disturbance. Interim housing is short-term (up to six months) project-based housing that provides immediate housing for persons living in the community but who are homeless or for persons who are homeless who are leaving a state hospital, nursing facility for mental health or any other state-funded institution or system of care setting. The goal of the Interim Housing Grant is for community mental health centers to provide immediate housing, instead of discharging individuals to homeless shelters, and then assisting participants to rapidly obtain permanent housing. The funds may be used for rent and to buy household items for the property(ies). This grant will be awarded to community mental health centers or their affiliates that have the ability to make a community- and system-wide impact. The RFP is posted on the SRS/DBHS/MH RFP Web site at http://www.srs.ks.gov/agency/mh/Pages/default.aspx. Direct written comments or questions regarding the intended use of Interim Housing by June 1 to Daniel Klucas, Grants Development Manager, SRS, 8th Floor, Docking State Office Building, 915 S.W. Harrison, Topeka, 66612, (785) 296-3248, fax (785) 296-4676, or e-mail Daniel. Klucas@srs.ks.gov. Robert Siedlecki Secretary of Social and Rehabilitation Services
Doc. No. 039382
State of Kansas

Request for Proposals The Kansas Department of Social and Rehabilitation Services, Disability and Behavioral Health Services/Addictions and Prevention Services (DBHS/AAPS), announces the release of request for proposals for the support and expansion of Oxford Houses and membership, to maintain the integrity of the National Oxford House Model in the Kansas Oxford Houses, and to resolve issues and conflicts in the houses and in the community. The awardee also will provide administration of the revolving loan fund for new house startups. The awardee will promote the development of Recovery Oriented Systems of Care in Kansas. The period for the grant will run from July 1, 2011 through June 30, 2012, with three optional one-year renewal periods possible at the discretion of the state of Kansas, SRS/AAPS. The total funding for this grant will be up to $128,700. Eligible applicants are not-for-profit agencies that have capacity to serve the entire state. Agencies interested in receiving the request for proposal can download the PDF copy at http://www.srs.ks. gov/agency/as/Pages/default.aspx or may contact Daniel Klucas, SRS, 8th Floor, Docking State Office Building, 915 S.W. Harrison, Topeka, 66612-1570, (785) 296-4295. Complete proposals must be received by 5 p.m. June 1. Robert Siedlecki Secretary of Social and Rehabilitation Services
Doc. No. 039380
Vol. 30, No. 18, May 5, 2011
Executive Appointments/Notice
State of Kansas
Kansas Register
Secretary of Social and Rehabilitation Services
515
Secretary of State
Judge, Kansas Court of Appeals David Bruns, Kansas Judicial Center, 301 S.W. 10th Ave., Topeka, 66612. Succeeds Nancy L. Moritz (Caplinger). Butler County Sheriff Kelly Herzet, P.O. Box 157, Potwin, 67123. Succeeds Craig Murphy, resigned. Commission on Autism Terri Cooper Swanson, 18723 W. 16rd St., Olathe, 66062. Serves at the pleasure of the Governor. Succeeds Marc Shiff. State Building Advisory Commission Donald L. Smith, 3773 S.W. Clarion Park Drive, Topeka, 66610. Term expires Dec. 31, 2014. Reappointed. Tathiana Woolery, 19075 S. Paulen Road, Overbrook, 66524. Term expires Dec. 31, 2014. Succeeds Thomas Yang. Kansas Credit Union Council Bob Corwin, 409 E. Prairie Point Circle, Andover, 67002. Term expires March 15, 2014. Succeeds Alvis Williams. Sue Henke, 1305 S.W. MacVicar Ave., Topeka, 66604. Term expires March 15, 2014. Reappointed. Council on Early Childhood Developmental Services Mary Duncan, 5229 S.W. Urish Road, Topeka, 66610. Governors designee. Succeeds Jennifer Knorr. Kansas Home Inspectors Registration Board Jenny L. Sande, 8510 Monrovia St., #138, Lenexa, 66215. Term expires Sept. 1, 2014. Succeeds Patrick Regan. Kansas Advisory Council on Intergovernmental Relations Chad Bettes, 5916 Albervan St., Shawnee, 66216. Governors designee for the Department of Revenue. Steve Kelly, 4529 Broadmoor Drive, Lawrence, 66049. Governors designee for the Department of Commerce. Kansas Propane Education and Research Council James J. Zeller, 3507 N.W. Cambridge Ave., Topeka, 66618. Term expires Aug. 30, 2014. Succeeds Lee E. Tafanelli. Kansas Racing and Gaming Commission Dennis McKinney, 1220 S. Main, Greensburg, 67054. Term expires March 15, 2015. Succeeds Barry Schwan. Jay Shadwick, 10807 W. 140th Terrace, Overland Park, 66210. Term expires March 15, 2015. Succeeds Carol Sader. Timothy Shultz, 4426 N.W. Green Hills Road, Topeka, 66618. Term expires Jan. 15, 2015. Succeeds Kristine McKechnie.
Robert Siedlecki, Suite 603, Docking State Office Building, 915 S.W. Harrison, Topeka, 66612. Serves at the pleasure of the Governor. Succeeds Don Jordan. State Employees Health Care Commission Dennis Taylor, Chair, Secretary of Administration, Suite 500, Curtis State Office Building, 1000 S.W. Jackson, Topeka, 66612. Kansas State Fair Board Harmon F. Bliss, 612 Eakin, Jetmore, 67854. Term expires March 15, 2014. Succeeds Michael Gaskill. Angie L. Clark, 1820 N. Sherlock Road, Garden City, 67846. Term expires March 15, 2014. Succeeds Charles Craig. Kansas Volunteer Commission Diane K. Hentges, 812 N. Washington Blvd., Kansas City, KS 66102. Term expires March 24, 2013. Reappointed. Jeffrey Locke, 118 W. Main, Arma, 66712. Term expires March 24, 2013. Succeeds Curtis Brungardt. Connie Stewart, 15578 Indian Valley Lane, Hoyt, 66440. Term expires March 15, 2013. Reappointed.

Doc. No. 039359
State of Kansas

Notice of Requested Architectural Services Notice is hereby given of the commencement of the selection process for architectural services to renovate West Memorial Stadium to house the Purple Masque Theatre at Kansas State University, Manhattan. The project will require 34,700 sq. ft. to be remodeled with an estimated construction cost of $4,500,000. A green roof is to be included in the estimated construction cost. For more information, contact Dave DeBusman at (785) 532-1728. To be considered, one (1) .pdf file and one (1) bound proposal of the following should be provided: State of Kansas Professional Qualifications forms (051-054 inclusive) and information regarding similar projects. State of Kansas Professional Qualifications form 050 for each firm and consultant should be provided at the end. Proposals should be less than 5 MB and follow the current State Building Advisory Commission guidelines in Chapter 4 of the Building Design and Construction Manual at www.da.ks.gov/fp/manual.htm. Planning forms are available to firms at www.da.ks.gov/fp/ or by contacting Phyllis Fast, Division of Facilities Management, Suite 600, Landon State Office Building, 900 S.W. Jackson, Topeka, 66612, (785) 296-5796, Phyllis.Fast@da.ks.gov. Submittals shall be delivered to Phyllis Fast before noon May 20. Marilyn L. Jacobson, Director Division of Facilities Management
Doc. No. 039384
Vol. 30, No. 18, May 5, 2011
516
State of Kansas
Kansas Register
Notices/Hearing
Notice of Requested Architectural Services Notice is hereby given of the commencement of the selection process for architectural services to replace all the windows on Waters Hall, Kansas State University, Manhattan. Interested architects should visit the site and evaluate existing conditions to prepare their submittal and presentation. The estimated construction cost is $1,000,000. For additional information, contact Mark Taussig at (785) 532-1732. To be considered, one (1) .pdf file and one (1) bound proposal of the following should be provided: State of Kansas Professional Qualifications forms (051-054 inclusive) and information regarding similar projects. State of Kansas Professional Qualifications form 050 for each firm and consultant should be provided at the end. Proposals should be less than 5 MB and follow the current State Building Advisory Commission guidelines in Chapter 4 of the Building Design and Construction Manual at www.da.ks.gov/fp/manual.htm. Planning forms are available to firms at www.da.ks.gov/fp/ or by contacting Phyllis Fast, Division of Facilities Management, Suite 600, Landon State Office Building, 900 S.W. Jackson, Topeka, 66612, (785) 296-5796, Phyllis.Fast@da.ks.gov. Submittals shall be delivered to Phyllis Fast before noon May 20. Marilyn L. Jacobson, Director Division of Facilities Management
Doc. No. 039386
available to firms at www.da.ks.gov/fp/ or by contacting Phyllis Fast, Division of Facilities Management, Suite 600, Landon State Office Building, 900 S.W. Jackson, Topeka, 66612, (785) 296-5796, Phyllis.Fast@da.ks.gov. Submittals shall be delivered to Phyllis Fast before noon May 20. Marilyn L. Jacobson, Director Division of Facilities Management
Doc. No. 039385
State of Kansas
State Fire Marshal

Notice of Hearing on Proposed Administrative Regulations A public hearing will be conducted at 10 a.m. Thursday, July 7, in the Senate Room of the Jayhawk Tower, 700 S.W. Jackson, Topeka, to consider proposed amendments to K.A.R. 22-19-2 and K.A.R. 22-19-5, which pertain to the certification of fire investigators and filing reports with the state fire marshal. Also for consideration is revocation of K.A.R. 22-19-3, which also pertains to certified fire investigator recertification. These regulations are proposed on a permanent basis. K.A.R. 22-19-2. This amended regulation establishes the certification process and maintenance for fire investigators. K.A.R. 22-19-5. This amended regulation establishes the requirement of certified fire investigators to file reports with the state fire marshal. These regulations are expected to cause no economic impact on the Kansas State Fire Marshals Office, other state agencies, state employees or the general public. This 60-day notice of the public hearing shall constitute a public comment period for the purpose of receiving written public comments on the proposed rules and regulations. All interested parties may submit written comments prior to the hearing to Carolyn Lowry, Administrative Specialist, State Fire Marshals Office, Suite 600, Jayhawk Tower, 700 S.W. Jackson, Topeka, 66603. All interested parties will be given a reasonable opportunity to present their views orally on the adoption of the proposed regulations during the hearing. In order to give all parties an opportunity to present their views, it may be necessary to request that each participant limit any oral presentations to five minutes. Any individual with a disability may request accommodation in order to participate in the public hearing and may request the proposed regulations and economic impact statements in an accessible format. Requests for accommodation should be made at least five working days in advance of the hearing by contacting Carolyn Lowry at the address above or by calling (785) 296-8984. Handicapped parking is located on the west side of Jayhawk Tower on the corner of 7th and Jackson. The west entrance to the building is accessible to individuals with disabilities. Copies of the regulations and the economic impact statements may be obtained at the address above or by contacting Carolyn Lowry at (785) 296-8984 or carolyn. lowry@ksfm.ks.gov. Doug Jorgensen State Fire Marshal
Doc. No. 039376
State of Kansas

Notice of Requested Engineering Services Notice is hereby given of the commencement of the selection process for engineering services to install meters on campus utility distribution systems at Kansas State University, Manhattan. The project will require a total of 38 electric meters, 50 water meters, 35 natural gas meters, 18 chilled water meters and 50 steam meters to be engineered and documentation prepared for installation. The campus-wide metering platform through the Honeywell Building Control system has been established as the backbone of the metering. The construction cost is estimated to be between $950,000 - $1,100,000. For additional information, contact Jack Carlson at (785) 532-1772. To be considered, one (1) .pdf file and one (1) bound proposal of the following should be provided: State of Kansas Professional Qualifications forms (051-054 inclusive) and information regarding similar projects. State of Kansas Professional Qualifications form 050 for each firm and consultant should be provided at the end. Proposals should be less than 5 MB and follow the current State Building Advisory Commission guidelines in Chapter 4 of the Building Design and Construction Manual at www.da.ks.gov/fp/manual.htm. Planning forms are
Vol. 30, No. 18, May 5, 2011
Notices/Hearing
State of Kansas
Kansas Register
517

Notice of Meetings The Kansas Water Authority will meet at 1 p.m. Wednesday, May 18, and at 8:30 a.m. Thursday, May 19, at the Graham County 4-H Building in Hill City. The agenda and meeting materials will be posted on the Kansas Water Office Web site, www.kwo.org, or copies may be requested by contacting the Kansas Water Office, 901 S. Kansas Ave., Topeka, 66612-1249, (785) 296-3185 or (888) 526-9283 (KAN-WATER). Persons needing special accommodations are asked to notify the Kansas Water Office at least two days prior to the meeting date. Steve Irsik Chairman
Doc. No. 039350
State of Kansas
State Fire Marshal

Notice of Hearing on Proposed Administrative Regulations A public hearing will be conducted at 1 p.m. Thursday, July 7, in the Senate Room of the Jayhawk Tower, 700 S.W. Jackson, Topeka, to consider proposed adoption of K.A.R. 22-25-1, 22-25-2, 22-25-3, 22-25-4, 22-25-5 and 2225-6, which pertain to the reduced cigarette ignition propensity. These regulations are proposed on a permanent basis. K.A.R. 22-25-1. This regulation defines the terms used in Article 25 Reduced Cigarette Ignition Propensity. K.A.R. 22-25-2. This proposed regulation explains the requirements for the sale of cigarettes. K.A.R. 22-25-3. This proposed regulation explains where certification forms may be requested and submitted. K.A.R. 22-25-4. This proposed regulation outlines exceptions. K.A.R. 22-25-5. This proposed regulation clarifies the recertification requirement. K.A.R. 22-25-6. This proposed regulation explains the process of administrative hearings. The Kansas State Fire Marshal will receive the funds from the program. The Kansas Attorney Generals Office and the Department of Revenue are both under contract with the Kansas State Fire Marshals Office to perform services to the program. Any expense or cost to these agencies will be paid out of the program funds. These regulations primarily clarify costs set forth in K.S.A. 31601 et seq. Proposed regulation 22-25-2 clarifies that each cigarette manufacturer must pay the filing fee of $250 per cigarette brand variety certification period (every three years.) Proposed regulation 22-25-5 clarifies that each cigarette manufacturer must retest cigarette brands varieties before each certification period (every three years). Testing costs will vary depending on the testing facility that is used. This 60-day notice of the public hearing shall constitute a public comment period for the purpose of receiving
written public comments on the proposed rules and regulations. All interested parties may submit written comments prior to the hearing to Carolyn Lowry, Administrative Specialist, State Fire Marshals Office, Suite 600, Jayhawk Tower, 700 S.W. Jackson, Topeka, 66603. All interested parties will be given a reasonable opportunity to present their views orally on the adoption of the proposed regulations during the hearing. In order to give all parties an opportunity to present their views, it may be necessary to request that each participant limit any oral presentations to five minutes. Any individual with a disability may request accommodation in order to participate in the public hearing and may request the proposed regulations and economic impact statements in an accessible format. Requests for accommodation should be made at least five working days in advance of the hearing by contacting Carolyn Lowry at the address above or by calling (785) 296-8984. Handicapped parking is located on the west side of Jayhawk Tower on the corner of 7th and Jackson. The west entrance to the building is accessible to individuals with disabilities. Copies of the regulations and the economic impact statements may be obtained at the address above or by contacting Carolyn Lowry at (785) 296-8984 or carolyn. lowry@ksfm.ks.gov. Doug Jorgensen State Fire Marshal
Doc. No. 039383
State of Kansas

05/16/2001 EVT0000629 05/17/2011 EVT0000611 05/17/2011 EVT0000613 05/17/2011 05/17/2011 05/17/2011 05/18/2011 05/18/2011 05/19/2011 05/23/2011 05/25/2011 EVT0000615 EVT0000624 EVT0000626 EVT0000536 EVT0000618 EVT0000631 EVT0000598 EVT0000616 CSOB Parking Garage Water Repellent and Caulk Agricultural Tractor Bituminous Hot Mixture, District 2 Aggregate, Perry State Park Electrical Service, On Call Aggregate Rip Rap Glen Elder Arrowboards, Solar Powered Invasive Tree Control Services Regulatory Consulting Rest Area Maintenance District 6 Rest Area Maintenance West Junction City
Doc. No. 039388
Vol. 30, No. 18, May 5, 2011
518
Kansas Register
Notice
Notice to Bidders Sealed bids for 159th Street, Antioch Road to Metcalf Avenue, Overland Park Project No. TH-0851, KDOT Project No. 46 U-2302-01, Federal Project No. STPU230(201), Johnson County CARS No. 320000907, will be received by the city of Overland Park, Kansas, at the office of the city clerk, City Hall, 8500 Santa Fe Drive, Overland Park, 66212, until 2 p.m. June 7. At that time all sealed bids will be transferred to the City Council Chamber, City Hall, where they will be publicly opened and read aloud. Any bid received after the designated closing time will be returned unopened. All bids shall be submitted in sealed envelopes addressed to the city clerk of Overland Park, Kansas, and marked BID FOR: 159th Street, Antioch Road to Metcalf Avenue. Copies of plans, specifications, bid documents and other contract documents are on file at the office of HNTB Corporation, 7450 W. 130th St., Suite 400, Overland Park, 66213, (913) 491-9333. Contractors desiring the contract documents for use in preparing bids may obtain a set of such documents from HNTB Corporation upon payment of $500, which amount is not refundable. Neither the city nor the consultant shall be responsible for the accuracy, completeness or sufficiency of any bid documents obtained from any source other than the source indicated above. Obtaining copies of plans, specifications, bid documents and other contract documents from any other source(s) may result in obtaining incomplete and inaccurate information. Obtaining these documents from any source other than directly from the source listed herein may also result in failure to receive any addenda, corrections or other revisions to these documents that may be issued. Contractors should read and be fully familiar with all contract documents before submitting a bid. In submitting a bid, the bidder warrants that it has read the contract documents and is fully familiar therewith and that it has visited the site of the work to fully inform itself as to all existing conditions and limitations, and shall include in its bid a sum to cover the cost of all items of the work. Should a bidder find defects as defined in paragraph GC-3 of the General Conditions, it shall follow the procedures outlined in paragraph GC-3 to bring same to the attention of the city. Changes necessitated thereby shall be in the form of addenda issued by the consulting engineer. All bidders shall verify that they have considered all written addenda. Neither the city nor the consulting engineer shall be responsible for oral instructions. Any written addenda issued during the time of bidding shall be covered and included in the bid. There will be no clarifications or exceptions allowed on the bid. Bids are for a total bid package, total contract price. Bids shall be made upon the form provided in ink or typewritten. Numbers shall be stated both in writing and in figures, the signature shall be long hand, and the complete form shall be without alteration or erasure. On alternate items for which a bid is not submitted, a written indication of no bid on the bid form is required.
No oral, telegraphic, facsimile or telephonic bids or alterations will be considered. The following items must be included in the sealed envelope with the bid: a. Bid b. 5% bid securitybid bond, cashiers check or certified check (see below) c. Signed documents (KDOT Certifications) Required Contract Provision DBE Contract Goal Certification Noncollusion & History of Debarment Declaration Limitations on Use of Federal Funds for Lobbying Tax Clearance Certificate Each bidder shall file with its bid a bid bond, a cashiers check or a certified check drawn on any acceptable bank, made payable to the city of Overland Park, Kansas, in an amount of not less than 5 percent of the total bid, which shall be retained by the city of Overland Park until a contract for the project has been executed. Bid bonds will be returned to the unsuccessful bidders, with the exception of the second qualifying bidder, at such time as their bids are rejected. The bid deposit of the successful bidder and the second qualifying bidder will be returned when satisfactory bonds in an amount equal to 100 percent of the contract amount, required insurance certificates and other required documents shall have been furnished and the contract documents have been executed. In the event the successful bidder is unable to execute the contract, for whatever reason, the city may exercise its legal prerogatives, including, but not limited to, enforcement of its rights as to the bid security. The city reserves the right to accept or reject any and all bids and to waive any technicalities or irregularities therein. Bids may be modified or withdrawn by written request of the bidder received in the office of the city clerk prior to the time and date for bid opening, provided, however, that no bidder may withdraw its bid for a period of 30 days from the date set for the opening thereof. All bidders agree that rejection shall create no liability on the part of the city because of such rejection. It is understood by all bidders that an unsuccessful bidder has no cause of action against the city for bid preparation costs. The filing of any bid in response to this invitation shall constitute an agreement of the bidder to these conditions. A pre-bid conference will be conducted at 1:30 p.m. May 26 in Conference Room 1, first floor, City Hall, 8500 Santa Fe Drive, Overland Park. Mary Lou McClanahan Contract Specialist Public Works Department City of Overland Park, Kansas
Doc. No. 039381
Vol. 30, No. 18, May 5, 2011
Notice/Hearing
State of Kansas
Kansas Register
State of Kansas
519


Notice of Hearing A public hearing will be conducted at 9 a.m. Thursday, May 19, in the offices of the Kansas Development Finance Authority, 555 S. Kansas Ave., Suite 202, Topeka, on the proposal for the KDFA to issue its Agricultural Development Revenue Bond for the projects numbered below in the respective maximum principal amount. The bond will be issued to assist the borrower named below (who will be the owner and operator of the project) to finance the cost in the amount of the bond, which is then typically purchased by a lender bank who then, through the KDFA, loans the bond proceeds to the borrower for the purposes of acquiring the project. The projects shall be located as shown:
Project No. 000806Maximum Principal Amount: $180,000. Owner/Operator: Troy D. Wiebe. Description: Acquisition of 240 acres of agricultural land and related improvements and equipment to be used by the owner/ operator for farming purposes. The project is being financed by the lender for Troy D. Wiebe and is located at Section 20 and Section 31, Catlin Township, Marion County, Kansas, approximately 2 miles east of Peabody on Highway 50 and 4 miles north of Peabody on 100th Road. Project No. 000807Maximum Principal Amount: $232,500. Owner/Operator: Daniel J. and Jenna L. Vathauer. Description: Acquisition of 320 acres of agricultural land and related improvements and equipment to be used by the owner/operator for farming purposes. The project is being financed by the lender for Daniel J. and Jenna L. Vathauer and is located at Sections 28 & 32, Lincoln Township, Washington County, Kansas, approximately .5 mile east of Barnes on Highway 148 then 9 miles south on All American Road and 1 mile west on First Road.
Doc. No. 038494
The bond, when issued, will be a limited obligation of the KDFA and will not constitute a general obligation or indebtedness of the state of Kansas or any political subdivision thereof, including the KDFA, nor will it be an indebtedness for which the faith and credit and taxing powers of the state of Kansas are pledged. The bond will be payable solely from amounts received from the respective borrower, the obligation of which will be sufficient to pay the principal of, interest and redemption premium, if any, on the bond when it becomes due. All individuals who appear at the hearing will be given an opportunity to express their views concerning the proposal to issue the bond to finance the projects, and all written comments previously filed with the KDFA at its offices at 555 S. Kansas Ave., Suite 202, Topeka, 66603, will be considered. Additional information regarding the projects may be obtained by contacting the KDFA. Tim Shallenburger President
Doc. No. 039365
Vol. 30, No. 18, May 5, 2011
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State of Kansas
Kansas Register
Notice/Bond Sale
Doc. No. 039368
240,000 2015 245,000 2016 250,000 2017 260,000 2018 265,000 2019 275,000 2020 280,000 2021 290,000 2022 300,000 2023 315,000 2024 330,000 2025 340,000 2026 355,000 2027 370,000 2028 385,000 2029 405,000 2030 425,000 2031 Payment of Principal and Interest The Kansas State Treasurer will serve as the bond registrar and paying agent for the bonds. Book-Entry Bonds The bonds will be issued and registered under a bookentry-only system administered by the Depository Trust Company, New York, New York (DTC). Delivery of the Bonds The city will prepare the bonds at its expense and will deliver the registered bonds to DTC on or about June 17, 2011. Legal Opinion The bonds will be sold subject to the legal opinion of Triplett, Woolf & Garretson, LLC, Wichita, Kansas, bond counsel, whose fees will be paid by the city. Financial Matters The citys current assessed valuation for purposes of calculating statutory debt limitations is $130,710,551. As of June 17, 2011, the citys total outstanding general obligation debt (including the bonds) is $39,842,000, which excludes temporary notes outstanding in the amount of $5,680,000, which will be retired out of the proceeds of the bonds herein offered for sale. The citys total indebtedness that is subject to debt limitation, as of June 17, 2011, is estimated to be $19,135,718.89, which is 14.49 percent of the assessed valuation of the city. Additional Information For additional information, contact the city clerk at the address and telephone number shown below or the financial advisor, Mark Detter, Central States Capital Markets, LLC, 245 N. Waco, Suite 525, Wichita, KS 67202, (316) 265-9411. City of Andover, Kansas By Susan C. Renner, City Clerk City Hall, 1609 E. Central Andover, KS 67002 (316) 733-1303 Fax (316) 733-4634
Doc. No. 039379
Summary Notice of Bond Sale City of Andover, Kansas $5,958,000 General Obligation Bonds Series A, 2011 Details of the Sale Subject to the terms and requirements of the Official Notice of Bond Sale, dated April 26, 2011, of the city of Andover, Kansas, bids to purchase the citys General Obligation Bonds, Series A, 2011, will be received at the office of the city clerk at City Hall, 1609 E. Central, Andover, KS 67002, or by telefacsimile at (316) 733-4634, until 2 p.m. Tuesday, May 24, 2011. The bids will be considered by the governing body at its meeting at 7 p.m. on the sale date. No oral or auction bids for the bonds shall be considered, and no bids for less than 100 percent of the total principal amount of the bonds and accrued interest to the date of delivery shall be considered. Good Faith Deposit Each bidder must submit a good faith deposit in the form of a certified or cashiers check made payable to the order of the city, or a financial surety bond, in an amount equal to 2 percent of the principal amount of the bonds. Details of the Bonds The bonds are dated June 17, 2011, and will be issued as registered bonds in the denomination of $5,000, or any integral multiple thereof. Interest on the bonds is payable semiannually on April 1 and October 1 of each year, beginning April 1, 2012. Principal of the bonds becomes due on October 1 in the years and amounts as shown below: Maturity Schedule
Principal Amount Maturity Date
$163,000 230,000 235,000

2012 2013 2014
Vol. 30, No. 18, May 5, 2011
Hearing/Notices
State of Kansas
Kansas Register
State of Kansas
521
Behavioral Sciences Regulatory Board

Notice of Hearing on Proposed Administrative Regulations The Behavioral Sciences Regulatory Board will conduct a public hearing from 10 to 10:30 a.m. Monday, July 11, in the board conference room at 712 S. Kansas Avenue, Topeka, to consider adopting proposed amendments to permanent rules and regulations for social work. This 60-day notice of the public hearing constitutes a public comment period for purposes of receiving written public comments on the proposed amendments. All interested parties may submit written comments prior to the hearing to Phyllis Gilmore, Executive Director, Behavioral Sciences Regulatory Board, 712 S. Kansas Ave., Topeka, 66603-3817, or e-mail to phyllis.gilmore@bsrb. state.ks.us. All interested parties will be given a reasonable opportunity to present their views orally at the hearing. In order to give all parties an opportunity to present their views, it may be necessary to request each participant to limit any oral presentation to five minutes. Any individual with a disability may request accommodation in order to participate in the public hearing and may request the proposed regulations and economic impact statement in an accessible format. Requests for accommodation should be made at least five working days in advance of the hearing by contacting Leslie Allen, Licensing Specialist, at (785) 296-3240, or the Kansas Relay Center at (800) 766-3777. There is designated accessible parking on Kansas Avenue and the front entrance of the board office is accessible. Copies of the full text of the regulations and the economic impact statement may be reviewed or obtained at the board office and also are available on the boards Web site at www.ksbsrb.org (under public information). The following is a summary of the proposed amendments and economic impact statement. The board does not have a less costly or less intrusive method for achieving the stated purpose of this regulation. K.A.R. 102-2-4a contains the continuing education requirements for social work licensees. The amendment clarifies the types of continuing education experiences that may be used to meet the social worker safety awareness requirement. Economic impact: There would be no economic impact to the licensees of the Kansas Behavioral Sciences Regulatory Board, the public or any other entity. K.A.R. 102-2-12 contains the requirements for specialist clinical social work licensure. The amendment clarifies the types of practice activities and types of clients needed to meet requirements for clinical licensure. Economic impact: There would be no economic impact to the licensees of the Kansas Behavioral Sciences Regulatory Board, the public or any other entity. Phyllis Gilmore Executive Director
Doc. No. 039366
State Fair Board

Notice of Meeting The Kansas State Fair Board will meet at 9 a.m. Friday, May 13, in Fall River. The board will also retreat at 1:30 p.m. May 12; no action will be taken during the retreat. For more information, contact Denny Stoecklein at (620) 669-3600 or denny@kansasstatefair.com. Jeff Deeds President
Doc. No. 039369
State of Kansas
Social and Rehabilitation Services Department on Aging Kansas Health Policy Authority
Notice of Proposed Nursing Facility Medicaid Rates for State Fiscal Year 2012; Methodology for Calculating Proposed Rates, and Rate Justifications; Notice of Intent to Amend the Medicaid State Plan; Request for Written Comments; and Notice of Intent to Publish Final Rates Under the Medicaid program, 42 U.S.C. 1396 et seq., the state of Kansas pays nursing facilities, nursing facilities for mental health, and hospital long-term care units (hereafter collectively referred to as nursing facilities) a daily rate for care provided to residents who are eligible for Medicaid benefits. The Secretary of Aging administers the nursing facility program, which includes hospital long-term care units, and the Secretary of Social and Rehabilitation Services administers the nursing facility for mental health program. Both secretaries act on behalf of the Kansas Health Policy Authority (KHPA), the single state Medicaid agency. As required by 42 U.S.C. 1396a(a)(13), as amended by Section 4711 of the Balanced Budget Act of 1997, P.L. No. 105-33, 101 Stat. 251, 507-08 (August 5, 1997), the Secretary of the Kansas Department on Aging (KDOA) and the Secretary of the Kansas Department of Social and Rehabilitation Services (SRS) are publishing the proposed Medicaid per diem rates for Medicaid-certified nursing facilities for state fiscal year 2012, the methodology underlying the establishment of the proposed nursing facility rates, and the justifications for those proposed rates. SRS and KDOA are also providing notice of the states intent to submit proposed amendments to the Medicaid State Plan to the U. S. Department of Health and Human Services Centers for Medicare and Medicaid Services (CMS) on or before September 30, 2011. I. Methodology Used to Calculate Medicaid Per Diem Rates for Nursing Facilities In general, the state uses a prospective, cost-based, facility-specific rate-setting methodology to calculate nursing facility Medicaid per diem rates, including the rates listed in this notice. The states rate-setting methodology is contained primarily in the following described documents and authorities and in the exhibits, attachments, regulations, or other authorities referenced in them:
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A. The following portions of the Kansas Medicaid State Plan are maintained by KHPA: 1. Attachment 4.19D, Part I, Subpart C, Exhibit C-1, inclusive; 2. Attachment 4.19D, Part I, Subpart J; and 3. Attachment 4.19D, Part I, Subpart K. The text of the portions of the Medicaid State Plan identified above in section IA.1, but not the documents, authorities and the materials incorporated therein by reference, is reprinted in this notice. The Medicaid State Plan provision set out in this notice appears in the version which the state currently intends to submit to CMS on or before September 30, 2011. The proposed Medicaid State Plan amendment that the state ultimately submits to CMS may differ from the version contained in this notice. Copies of the documents and authorities containing the states rate-setting methodology are available upon written request. A request for copies will be treated as a request for public records under the Kansas Open Records Act, K.S.A. 45-215 et seq. The state will charge a fee for copies. Written requests for copies should be sent to: Secretary of Aging New England Building, 2nd Floor 503 S. Kansas Ave. Topeka, KS 66603-3404 Fax (785) 296-0767 A.1 Attachment 4.19D, Part I, Subpart C, Exhibit C-1: Methods and Standards for Establishing Payment Rates for Nursing Facilities Under the Medicaid program, the State of Kansas pays nursing facilities (NF), nursing facilities for mental health (NFMH), and hospital long-term care units (hereafter collectively referred to as nursing facilities) a daily rate for care provided to residents who are eligible for Medicaid benefits. The narrative explanation of the nursing facility reimbursement formula is divided into eleven sections. The sections are: Cost Reports, Rate Determination, Quarterly Case Mix Index Calculation, Resident Days, Inflation Factors, Upper Payment Limits, Quarterly Case Mix Rate Adjustment, Real and Personal Property Fee, Incentive Factors, Rate Effective Date, and Retroactive Rate Adjustments. 1) Cost Reports The Nursing Facility Financial and Statistical Report (MS2004) is the uniform cost report. It is included in Kansas Administrative Regulation (K.A.R.) 129-10-17. It organizes the commonly incurred business expenses of providers into three reimbursable cost centers (operating, indirect health care, and direct health care). Ownership costs (i.e., mortgage interest, depreciation, lease, and amortization of leasehold improvements) are reported but reimbursed through the real and personal property fee. There is a non-reimbursable/non-resident related cost center so that total operating expenses can be reconciled to the providers accounting records. All cost reports are desk reviewed by agency auditors. Adjustments are made, when necessary, to the reported costs in arriving at the allowable historic costs for the rate computations.
Calendar Year End Cost Reports: All providers that have operated a facility for 12 or more months on December 31 shall file a calendar year cost report. The requirements for filing the calendar year cost report are found in K.A.R. 129-10-17. When a non-arms length or related party change of provider takes place or an owner of the real estate assumes the operations from a lessee, the facility will be treated as an on-going operation. In this situation, the related provider or owner shall be required to file the calendar year end cost report. The new operator or owner is responsible for obtaining the cost report information from the prior operator for the months during the calendar year in which the new operator was not involved in running the facility. The cost report information from the old and new operators shall be combined to prepare a 12-month calendar year end cost report. Projected Cost Reports: The filing of projected cost reports are limited to: 1) newly constructed facilities; 2) existing facilities new to the Medicaid program; or 3) a provider re-entering the Medicaid program that has not actively participated or billed services for 24 months or more. The requirements are found in K.A.R. 129-10-17. 2) Rate Determination Rates for Existing Nursing Facilities Medicaid rates for Kansas NFs are determined using a prospective, facility-specific rate-setting system. The rate is determined from the base cost data submitted by the provider. The current base cost data is the combined calendar year cost data from each available report submitted by the current provider during 2008, 2009, and 2010. If the current provider has not submitted a calendar year report between 2008 and 2010, the cost data submitted by the previous provider for that same period will be used as the base cost data. Once the provider completes their first 24 months in the program, their first calendar year cost report will become the providers base cost data. The allowable expenses are divided into three cost centers. The cost centers are Operating, Indirect Health Care and Direct Health Care. They are defined in K.A.R. 12910-18. The allowable historic per diem cost is determined by dividing the allowable resident related expenses in each cost center by resident days. Before determining the per diem cost, each years cost data is adjusted from the midpoint of that year to 12/31/11. The resident days and inflation factors used in the rate determination will be explained in greater detail in the following sections. The inflated allowable historic per diem cost for each cost center is then compared to the cost center upper payment limit. The allowable per diem rate is the lesser of the inflated allowable historic per diem cost in each cost center or the cost center upper payment limit. Each cost center has a separate upper payment limit. If each cost center upper payment limit is exceeded, the allowable per diem rate is the sum of the three cost center upper payment limits. There is also a separate upper payment limit for owner, related party, administrator, and co-adminis-
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trator compensation. The upper payment limits will be explained in more detail in a separate section. The case mix of the residents adjusts the Direct Health Care cost center. The reasoning behind a case mix payment system is that the characteristics of the residents in a facility should be considered in determining the payment rate. The idea is that certain resident characteristics can be used to predict future costs to care for residents with those same characteristics. For these reasons, it is desirable to use the case mix classification for each facility in adjusting provider rates. There are add-ons to the allowable per diem rate. The add-ons consist of the incentive factor, the real and personal property fee, and per diem pass-throughs to cover costs not included in the cost report data. The incentive factor and real and personal property fee are explained in separate sections of this exhibit. Pass-throughs are explained in separate subparts of Attachment 4.19D of the State Plan. The add-ons plus the allowable per diem rate equal the total per diem rate. Rates for New Construction and New Facilities (New Enrollment Status) The per diem rate for newly constructed nursing facilities, or new facilities to the Kansas Medical Assistance program shall be based on a projected cost report submitted in accordance with K.A.R. 129-10-17. The cost information from the projected cost report and the first historic cost report covering the projected cost report period shall be adjusted to 12/31/11. This adjustment will be based on the IHS Global Insight, National Skilled Nursing Facility Market Basket Without Capital Index (IHS Index). The IHS indices listed in the latest available quarterly publication will be used to adjust the reported cost data from the midpoint of the cost report period to 12/31/11. The provider shall remain in new enrollment status until the base data is reestablished. During this time, the adjusted cost data shall be used to determine all rates for the provider. Any additional factor for inflation that is applied to cost data for established providers shall be applied to the adjusted cost data for each provider in new enrollment status. Rates for Facilities Recognized as a Change of Provider (Change of Provider Status) The payment rate for the first 24 months of operation shall be based on the base cost data of the previous owner or provider. This base cost data shall include data from each calendar year cost report that was filed by the previous provider from 2008 to 2010. If base cost data is not available the most recent calendar year data for the previous provider shall be used. Beginning with the first day of the 25th month of operation the payment rate shall be based on the historical cost data for the first calendar year submitted by the new provider. All data used to set rates for facilities recognized as a change-of-provider shall be adjusted to 12/31/11. This adjustment will be based on the IHS Index. The IHS indices listed in the latest available quarterly publication will be used to adjust the reported cost data from the midpoint of the cost report period to 12/31/11. The provider shall remain in change-of-provider status until the base data is
reestablished. During this time, the adjusted cost data shall be used to determine all rates for the provider. Any additional factor for inflation that is applied to cost data for established providers shall be applied to the adjusted cost data for each provider in change of provider status. Rates for Facilities Re-entering the Program (Reenrollment Status) The per diem rate for each provider reentering the Medicaid program shall be determined from a projected cost report if the provider has not actively participated in the program by the submission of any current resident service billings to the program for 24 months or more. The per diem rate for all other providers reentering the program shall be determined from the base cost data filed with the agency or the most recent cost report filed preceding calendar year 2008. All cost data used to set rates for facilities reentering the program shall be adjusted to 12/31/11. This adjustment will be based on the IHS Index. The IHS indices listed in the latest available quarterly publication will be used to adjust the reported cost data from the midpoint of the cost report period to 12/31/11. The provider shall remain in reenrollment status until the base data is reestablished. During this time, the adjusted cost data shall be used to determine all rates for the provider. Any additional factor for inflation that is applied to cost data for established providers shall be applied to the adjusted cost data for each provider in reenrollment status. 3) Quarterly Case Mix Index Calculation Providers are required to submit to the agency the uniform assessment instrument, which is the Minimum Data Set (MDS), for each resident in the facility. The MDS assessments are maintained in a computer database. The Resource Utilization Groups-III (RUG-III) Version 5.12b, 34 group, index maximizer model is used as the resident classification system to determine all case- mix indices, using data from the MDS submitted by each facility. Standard Version 5.12b case mix indices developed by the Health Care Financing Administration (now the Centers for Medicare and Medicaid Services) shall be the basis for calculating facility average case mix indices to be used to adjust the Direct Health Care costs in the determination of upper payment limits and rate calculation. Resident assessments that cannot be classified will be assigned the lowest CMI for the State. Each resident in the facility on the first day of each calendar quarter with a completed and submitted assessment shall be assigned a RUG-III 34 group calculated on the residents most current assessment available on the first day of each calendar quarter. This RUG-III group shall be translated to the appropriate CMI. From the individual resident case mix indices, three average case mix indices for each Medicaid nursing facility shall be determined four times per year based on the assessment information available on the first day of each calendar quarter. The facility-wide average CMI is the simple average, carried to four decimal places, of all resident case mix indices. The Medicaid-average CMI is the simple average, carried to four decimal places, of all indices for residents,
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including those receiving hospice services, where Medicaid is known to be a per diem payer source on the first day of the calendar quarter or at any time during the preceding quarter. The private-pay/other average CMI is the simple average, carried to four decimal places, of all indices for residents where neither Medicaid nor Medicare were known to be the per diem payer source on the first day of the calendar quarter or at any time during the preceding quarter. Case mix indices for ventilator-dependent residents for whom additional reimbursement has been determined shall be excluded from the average CMI calculations. The resident listing cutoff for calculating the average CMIs will be the first day of the quarter before the rate is effective. The following are the dates for the resident listings and the quarter in which the average Medicaid CMIs will be used in the quarterly rate-setting process. Rate Effective Date: July 1 October 1 January 1 April 1 Cutoff Date: April 1 July 1 October 1 January 1
The resident listings will be mailed to providers prior to the dates the quarterly case mix adjusted rates are determined. This will allow the providers time to review the resident listings and make corrections before they are notified of new rates. The cutoff schedule may need to be modified in the event accurate resident listings and Medicaid CMI scores cannot be obtained from the MDS database. 4) Resident Days Facilities with 60 beds or less: For facilities with 60 beds or less, the allowable historic per diem costs for all cost centers are determined by dividing the allowable resident related expenses by the actual resident days during the cost report period(s) used to establish the base cost data. Facilities with more than 60 beds: For facilities with more than 60 beds, the allowable historic per diem costs for the Direct Health Care cost center and for food and utilities in the Indirect Health Care cost center are determined by dividing the allowable resident related expenses by the actual resident days during the cost report period(s) used to establish the base cost data. The allowable historic per diem cost for the Operating and Indirect Health Care Cost Centers less food and utilities is subject to an 85% minimum occupancy rule. For these providers, the greater of the actual resident days for the cost report period(s) used to establish the base cost data or the 85% minimum occupancy based on the number of licensed bed days during the cost report period(s) used to establish the base cost data is used as the total resident days in the rate calculation for the Operating cost center and the Indirect Health Care cost center less food and utilities. All licensed beds are required to be certified to participate in the Medicaid program. There are two exceptions to the 85% minimum occupancy rule for facilities with more than 60 beds. The first is that it does not apply to a provider who is allowed to
file a projected cost report for an interim rate. Both the rates determined from the projected cost report and the historic cost report covering the projected cost report period are based on the actual resident days for the period. The second exception is for the first cost report filed by a new provider who assumes the rate of the previous provider. If the 85% minimum occupancy rule was applied to the previous providers rate, it is also applied when the rate is assigned to the new provider. However, when the new provider files a historic cost report for any part of the first 12 months of operation, the rate determined from the cost report will be based on actual days and not be subject to the 85% minimum occupancy rule for the months in the first year of operation. The 85% minimum occupancy rule is then reapplied to the rate when the new provider reports resident days and costs for the 13th month of operation and after. 5) Inflation Factors Inflation will be applied to the allowable reported costs from the calendar year cost report(s) used to determine the base cost data from the midpoint of each cost report period to 12/31/11. The inflation will be based on the IHS index. The IHS Indices listed in the latest available quarterly publication will be used to determine the inflation tables for the payment schedules processed during the payment rate period. This may require the use of forecasted factors in the inflation table. The inflation tables will not be revised until the next payment rate period. The inflation factor will not be applied to the following costs: 1) Owner/Related Party Compensation 2) Interest Expense 3) Real and Personal Property Taxes The inflation factor for the real and personal property fees will be based on the IHS index. 6) Upper Payment Limits There are three types of upper payment limits that will be described. One is the owner/related party/administrator/co-administrator limit. The second is the real and personal property fee limit. The last type of limit is an upper payment limit for each cost center. The upper payment limits are in effect during the payment rate period unless otherwise specified by a State Plan amendment. Owner/Related Party/Administrator/Co-Administrator Limits: Since salaries and other compensation of owners are not subject to the usual market constraints, specific limits are placed on the amounts reported. First, amounts paid to non-working owners and directors are not an allowable cost. Second, owners and related parties who perform resident related services are limited to a salary chart based on the Kansas Civil Service classifications and wages for comparable positions. Owners and related parties who provide resident related services on less than a full time basis have their compensation limited by the percent of their total work time to a standard work week. A standard work week is defined as 40 hours. The owners and related parties must be professionally qualified to perform services which require licensure or certification.
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The compensation paid to owners and related parties shall be allocated to the appropriate cost center for the type of service performed. Each cost center has an expense line for owner/related party compensation. There is also a cost report schedule titled, Statement of Owners and Related Parties. This schedule requires information concerning the percent of ownership (if over five percent), the time spent in the function, the compensation, and a description of the work performed for each owner and/ or related party. Any salaries reported in excess of the Kansas Civil Service based salary chart are transferred to the Operating cost center where the excess is subject to the Owner/Related Party/Administrator/Co-Administrator per diem compensation limit. The Schedule C is an array of non-owner administrator and co-administrator salaries. The schedule includes the calendar year 2009 historic cost reports in the database from all active nursing facility providers. The salary information in the array is not adjusted for inflation. The per diem data is calculated using an 85% minimum occupancy level for those providers in operation for more than 12 months with more than 60 beds. The Schedule C for the owner/related party/administrator/co-administrator per diem compensation limit is the first schedule run during the rate setting. The Schedule C is used to set the per diem limitation for all non-owner administrator and co-administrator salaries and owner/related party compensation in excess of the civil service based salary limitation schedule. The per diem limit for a 50-bed or larger home is set at the 90th percentile on all salaries reported for non-owner administrators and co-administrators. A limitation table is then established for facilities with less than 50 beds. This table begins with a reasonable salary per diem for an administrator of a 15-bed or less facility. The per diem limit for a 15-bed or less facility is inflated based on the State of Kansas annual cost of living allowance for classified employees for the rate period. A linear relationship is then established between the compensation of the administrator of the 15-bed facility and the compensation of the administrator of a 50-bed facility. The linear relationship determines the per diem limit for the facilities between 15 and 50 beds. The per diem limits apply to the non-owner administrators and co-administrators and the compensation paid to owners and related parties who perform an administrative function or consultant type of service. The per diem limit also applies to the salaries in excess of the civil service based salary chart in other cost centers that are transferred to the operating cost center. Real and Personal Property Fee Limit The property component of the reimbursement methodology consists of the real and personal property fee that is explained in more detail in a later section. The upper payment limit will be 105% of the median determined from a total resident day-weighted array of the property fees in effect April 1, 2011. Cost Center Upper Payment Limits The Schedule B computer run is an array of all per diem costs for each of the three cost centers-Operating, Indirect
Health Care, and Direct Health Care. The schedule includes a per diem determined from the base cost data from all active nursing facility providers. Projected cost reports are excluded when calculating the limit. The per diem expenses for the Operating cost center and the Indirect Health Care cost center less food and utilities are subject to the 85% minimum occupancy for facilities over 60 beds. All previous desk review and field audit adjustments are considered in the per diem expense calculations. The costs are adjusted by the owner/related party/administrator/co-administrator limit. Prior to the Schedule B arrays, the cost data on certain expense lines is adjusted from the midpoint of the cost report period to 12/31/11. This will bring the costs reported by the providers to a common point in time for comparisons. The inflation will be based on the IHS Index. Certain costs are exempt from the inflation application when setting the upper payment limits. They include owner/related party compensation, interest expense, and real and personal property taxes. The final results of the Schedule B run are the median compilations. These compilations are needed for setting the upper payment limit for each cost center. The median for each cost center is weighted based on total resident days. The upper payment limits will be set using the following: Operating 110% of the median Indirect Health Care 115% of the median Direct Health Care 130% of the median Direct Health Care Cost Center Limit: The Kansas reimbursement methodology has a component for a case mix payment adjustment. The Direct Health Care cost center rate component and upper payment limit are adjusted by the facility average CMI. For the purpose of setting the upper payment limit in the Direct Health Care cost center, the facility cost report period CMI and the statewide average CMI will be calculated. The facility cost report period CMI is the resident day-weighted average of the quarterly facility-wide average case mix indices, carried to four decimal places. The quarters used in this average will be the quarters that most closely coincide with the financial and statistical reporting period. For example, a 01/01/20XX-12/31/20XX financial and statistical reporting period would use the facility-wide average case mix indices for quarters beginning 04/01/XX, 07/01/XX, 10/01/XX and 01/01/XY. The statewide average CMI is the resident day-weighted average, carried to four decimal places, of the facility cost report period case mix indices for all Medicaid facilities. The statewide average CMI and facility cost report period CMI are used to set the upper payment limit for the Direct Health Care cost center. The limit is based on all facilities with a historic cost report in the database. There are three steps in establishing the base upper payment limit. The first step is to normalize each facilitys inflated Direct Health Care costs to the statewide average CMI. This is done by dividing the facilitys cost report period CMI by the statewide average CMI for the cost report year,
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then multiplying this answer by the facilitys inflated costs. This step is repeated for each cost report year for which data is included in the base cost data. The second step is to determine per diem costs and array them to determine the median. The per diem cost is determined by dividing the total of each providers base direct health care costs by the total days provided during the base cost data period. The median is located using a day-weighted methodology. That is, the median cost is the per diem cost for the facility in the array at which point the cumulative total of all resident days first equals or exceeds half the number of the total resident days for all providers. The facility with the median resident day in the array sets the median inflated direct health care cost. For example, if there are 8 million resident days, the facility in the array with the 4 millionth day would set the median. The final step in calculating the base Direct Health Care upper payment limit is to apply the percentage factor to the median cost. For example, if the median cost is $60 and the upper payment limit is based on 120% of the median, then the upper payment limit for the statewide average CMI would be $78 (D130% x $60). 7) Quarterly Case Mix Rate Adjustment The allowance for the Direct Health Care cost component will be based on the average Medicaid CMI in the facility. The first step in calculating the allowance is to determine the Allowable Direct Health Care Per Diem Cost. This is the lesser of the facilitys per diem cost from the base cost data period or the Direct Health Care upper payment limit. Because the direct health care costs were previously adjusted for the statewide average CMI, the Allowable Direct Health Care Per Diem Cost corresponds to the statewide average CMI. The next step is to determine the Medicaid acuity adjusted allowable Direct Health Care cost. The Medicaid CMI is divided by the statewide average CMI for the cost data period. This answer, is then multiplied by the Allowable Direct Health Care per diem cost. The result is referred to as the Medicaid Acuity Adjustment. The Medicaid Acuity Adjustment is calculated quarterly to account for changes in the Medicaid CMI. To illustrate this calculation take the following situation: The facilitys direct health care per diem cost is $60.00, the Direct Health Care per diem limit is $78.00, and these are both tied to a statewide average CMI of 1.000, and the facilitys current Medicaid CMI is 0.9000. Since the per diem costs are less than the limit the Allowable Direct Heath Care Cost is $60.00, and this is matched with the statewide average CMI of 1.0000. To calculate the Medicaid Acuity Adjustment, first divide the Medicaid CMI by the statewide average CMI, then multiply the answer by the Allowable Direct Health Care Cost. In this case that would result in $54.00 (0.9000/1.0000 x $60.00). Because the facilitys current Medicaid CMI is less than the statewide average CMI the Medicaid Acuity Adjustment moves the direct health care per diem down proportionally. In contrast, if the Medicaid CMI for the next quarter rose to 1.1000, the Medicaid Acuity Adjustment would be $66.00 (1.1000/1.0000 x $60.00). Again the Medicaid Acuity Adjustment changes the Allowable Direct Health Care Per Diem Cost to match the current Medicaid CMI.
8) Real and Personal Property Fee The property component of the reimbursement methodology consists of the real and personal property fee (property fee). The property fee is paid in lieu of an allowable cost of mortgage interest, depreciation, lease expense and/or amortization of leasehold improvements. The fee is facility specific and does not change as a result of a change of ownership, change in lease, or with reenrollment in the Medicaid program. The original property fee was comprised of two components, a property allowance and a property value factor. The differentiation of fee into these components was eliminated effective July 1, 2002. At that time each facilitys fee was re-established based on the sum of the property allowance and value factor. The property fees in effect on June 1, 2008 were inflated with 12 months of inflation effective July 1, 2008. The inflation factor was from the IHS index. The providers receive the lower of the inflated property fee or the upper payment limit. For providers re-enrolling in the Kansas Medical Assistance program or providers enrolling for the first time but operating in a facility that was previously enrolled in the program, the property fee shall be the sum of the last effective property allowance and the last effective value factor for that facility. The property fee will be inflated to 12/31/08 and then compared to the upper payment limit. The property fee will be the lower of the facility-specific inflated property fee or the upper payment limit. Providers entering the Kansas Medical Assistance program for the first time, who are operating in a building for which a fee has not previously been established, shall have a property fee calculated from the ownership costs reported on the cost report. This fee shall include appropriate components for rent or lease expense, interest expense on real estate mortgage, amortization of leasehold improvements, and depreciation on buildings and equipment. The process for calculating the property fee for providers entering the Kansas Medical Assistance program for the first time is explained in greater detail in (K.A.R. 30-10-25). There is a provision for changing the property fee. This is for a rebasing when capital expenditure thresholds are met ($25,000 for homes under 51 beds and $50,000 for homes over 50 beds). The original property fee remains constant but the additional factor for the rebasing is added. The property fee rebasing is explained in greater detail in (K.A.R. 129-10-25). The rebased property fee is subject to the upper payment limit. 9) Incentive Factors An incentive factor will be awarded to both NF and NF-MH providers that meet certain outcome measures criteria. The criteria for NF and NF-MH providers will be determined separately based on arrays of outcome measures for each provider group. Nursing Facility Quality and Efficiency Incentive Factor: The Nursing Facility Incentive Factor is a per diem amount determined by six per diem add-ons providers can earn for various outcomes measures. Providers that maintain a case mix adjusted staffing ratio at or above the 75th percentile will earn a $2.50 per diem add-on. Pro-
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viders that fall below the 75th percentile staffing ratio but improve their staffing ratio by 10% or more will earn a $0.25 per diem add-on. Providers that achieve a turnover rate at or below the 75th percentile will earn a $2.50 per diem add-on. Providers that have a turnover rate greater than the 75th percentile but that reduce their turnover rate by 10% or more will receive a per diem add-on of $0.25. Providers that have completed the full Kansas Culture Change Instrument Survey will receive a $0.38 per diem add-on. Finally, providers that have a Medicaid occupancy percentage of 60% or more will receive a $1.13 per diem add-on. The total of all the per diem add-ons a provider qualifies for will be their incentive factor. The table below summarizes the incentive factor outcomes and per diem add-ons:
Incentive Outcome CMI adjusted staffing ratio 75th percentile (4.81), or CMI adjusted staffing 75th percentile but improved 10% Staff turnover rate 75th percentile, 41% or Staff turnover rate 75th percentile but reduced 10% Completion of the full Kansas Culture Change Instrument Survey Medicaid occupancy 60% Total Incentive Points Available Incentive Points $2.50 $0.25 $2.50 $0.25 $0.38 $1.13 $6.51
their per diem operating expenses are below $19.49, or 90% of the statewide median of $21.66. NFMH providers may earn up to two points for their turnover rate outcome measure. Providers with direct health care staff turnover equal to or below 29%, the 75th percentile statewide, will earn two points as long as contracted labor costs do not exceed 10% of the providers total direct health care labor costs. Providers with direct health care staff turnover greater than 29% but equal to or below 33%, the 50th percentile statewide, will earn one point as long as contracted labor costs do not exceed 10% of the providers total direct health care labor costs. Finally, NFMH providers may earn up to two points for their retention rate outcome measure. Providers with staff retention rates at or above 84%, the 75th percentile statewide will earn two points. Providers with staff retention rates at or above 77%, the 50th percentile statewide will earn one point. The table below summarizes the incentive factor outcomes and points:
Quality/Efficiency Outcome CMI adjusted staffing ratio 120% (3.66) of NF-MH median (3.05), or CMI adjusted staffing ratio between 110% (3.36) and 120% Total occupancy 90% Operating expenses $19.14, 90% of NF-MH median, $21.27 Staff turnover rate 75th percentile, 24% Staff turnover rate 50th percentile, 34% Contracted labor 10% of total direct health care labor costs Staff retention 75th percentile, 81% Staff retention 50th percentile, 79% Total Incentive Points Available Incentive Points 2, or 1 1 1 2, or 1 2, or 1 8
Nursing Facility for Mental Health Quality and Efficiency Incentive Factor: The Quality and Efficiency Incentive plan for Nursing Facilities for Mental Health (NFMH) will be established separately from NF. NFMH serve people who often do not need the NF level of care on a long term basis. There is a desire to provide incentive for NFMH to work cooperatively and in coordination with Community Mental Health Centers to facilitate the return of persons to the community. The Quality and Efficiency Incentive Factor is a per diem add-on ranging from zero to three dollars. It is designed to encourage quality care, efficiency and cooperation with discharge planning. The incentive factor is determined by five outcome measures: case-mix adjusted nurse staffing ratio; operating expense; staff turnover rate; staff retention rate; and occupancy rate. Each provider is awarded points based on their outcomes measures and the total points for each provider determine the per diem incentive factor included in the providers rate calculation. Providers may earn up to two incentive points for their case mix adjusted nurse staffing ratio. They will receive two points if their case-mix adjusted staffing ratio equals or exceeds 3.50, which is 120% of the statewide NFMH median of 2.92. They will receive one point if the ratio is less than 120% of the NFMH median but greater than or equal to 3.21, which is 110% of the statewide NFMH median. Providers with staffing ratios below 110% of the NFMH median will receive no points for this incentive measure. NFMH providers may earn one point for low occupancy outcomes measures. If they have total occupancy less than 90% they will earn a point. NFMH providers may earn one point for low operating expense outcomes measures. They will earn a point if
The Schedule E is an array containing the incentive points awarded to each NFMH provider for each quality and efficiency incentive outcome. The total of these points will be used to determine each providers incentive factor based on the following table. Total Incentive Points: Tier 1: 6-8 points Tier 2: 5 points Tier 3: 4 points Tier 4: 0-3 points Incentive Factor Per Diem: $7.50 $5.00 $2.50 $0.00
The survey and certification performance of each NF and NF-MH provider will be reviewed prior to any incentive factor payment. In order to qualify for the incentive factor a home must not have received any health care survey deficiency of scope and severity level H or higher during the survey review period. Homes that receive G level deficiencies, but no H level or higher deficiencies, and that correct the G level deficiencies within 30 days of the survey, will receive 50% of the calculated incentive factor. Homes that receive no deficiencies higher than scope and severity level F will receive 100% of the calculated incentive factor. The survey and certification review period will be the 15-month period ending one quarter prior to the rate effective date. The following table lists the rate effective dates and corresponding review period end dates.
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10) Rate Effective Date Rate effective dates are determined in accordance with K.A.R. 30-10-19. The rate may be revised for an add-on reimbursement factor (i.e., rebased property fee), desk review adjustment or field audit adjustment. 11) Retroactive Rate Adjustments Retroactive adjustments, as in a retrospective system, are made for the following three conditions: A retroactive rate adjustment and direct cash settlement is made if the agency determines that the base year cost report data used to determine the prospective payment rate was in error. The prospective payment rate period is adjusted for the corrections. If a projected cost report is approved to determine an interim rate, a settlement is also made after a historic cost report is filed for the same period. All settlements are subject to upper payment limits. A provider is considered to be in projection status if they are operating on a projected rate and they are subject to the retroactive rate adjustment. A.2 Attachment 4.19D, Part I, Subpart J To compensate providers for increased expenses incurred to raise employees wages to the new minimum wage effective July 1, 2009 ($7.25), a per diem passthrough will be determined and added on to each qualifying providers per diem rate. The pass-through per diem will not be subject to cost center limits, and the 85% occupancy rule will not be applied to the calculation of the minimum wage pass-through. 1) Qualifying Providers In order to qualify for the minimum wage passthrough, a provider must submit a pass-through application on the forms provided by the Kansas Department on Aging. The application will document the hourly wages of all affected employees prior to the implementation of the new minimum wage. Wage increases made prior to June 1, 2009 will not be eligible for the minimum wage pass-through. Providers will also estimate and report the number of hours each affected employee is expected to work during state fiscal year 2010 (the twelve months beginning July 1, 2009 and ending June 30, 2010). Completed applications must be returned to the Kansas Department prior to September 30, 2009. 2) Per Diem Pass-Through Calculation The per diem pass-through will be determined by first estimating the total impact of increasing wages to the new minimum wage, and then dividing by resident days to get a per diem add-on. The total impact of increasing wages to the new minimum wage will be determined for each provider through three steps. First the incremental wage increase to the new minimum wage will be calculated for each affected employee. Second the individual impact for each affected employee will be determined by multiplying the incremental wage increase by the esti Kansas Secretary of State 2011
mated hours each affected employee is expected to work during fiscal year 2010. Finally the total impact of the minimum wage increase for each provider will be the sum of the individual impacts determined for each employee. A per diem pass-through add-on will then be calculated by dividing each providers estimated total impact by the providers most recent cost report resident day total. As an example, consider an employer that has ten employees receiving a wage of $6.75 prior to July 1, 2009. If the employer raises their wages effective July 1, 2009, the incremental wage increase due to the new minimum wage will be $0.50. If each employee is expected to work 2,000 hours during fiscal year 2010, the total impact per employee will be $1,000 ($0.50 x 2,000 hrs). The total estimated impact for the provider will be $10,000 ($1,000 x 10). If the employer provided 10,000 resident days during the most recent cost report, the pass-through per diem will be $10,000/10,000 days, or $1.00. 3) Per Diem Limits No per diem add-on will be implemented that is not equal to or greater than $0.10. 4) Effective Dates Pass-through applications received prior to June 30, 2009 will be effective July 1, 2009. After that date, each providers per diem pass-through will be effective on the first day of the month following the receipt of a completed application. No pass-through per diems will be implemented after October 1, 2009. 5) Phasing Out the Pass-Through The per diem pass-through will be phased out as the effects of the minimum wage increase are reflected in the cost reports. The pass-through per diems will be adjusted on a facility-specific basis to reflect the ratio of cost data that includes the new minimum wage costs. During the phasing out of the minimum wage passthrough, if the per diem add-on falls below $0.10, it will be removed from the rate calculation. 6) Auditing and Adjustments Each qualifying providers application and supporting documentation for the minimum wage pass-through will be subject to desk review and field audit and may be revised based on those findings. Corrections that result in a $0.10 or greater per diem change to the pass-through will be implemented. Retroactive rate adjustments will be made when necessary. A.3 Attachment 4.19D, Part I, Subpart K To compensate providers for increased expenses incurred due to the transfer of responsibility for all durable medical equipment to the nursing home program, a per diem pass-through will be determined and added on to each providers per diem rate. The pass-through per diem will not be subject to cost center limits, and the 85% occupancy rule will not be applied to the calculation of the DME pass-through. 1) Qualifying Providers All providers with costs reported on line 507 of the Medicaid cost report will be eligible to receive the DME pass-through.
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2) Per Diem Pass-Through Calculation The per diem pass-through will be determined by dividing the inflated unadjusted costs reported on line 507 for the base cost data period effective July 1, 2008, by the non-Medicaid days reported for the same period. NonMedicaid resident days will be determined by subtracting Medicaid resident days from total resident days. As an example, consider a provider that reported $1,000 on line 507 for each year in the base cost data period from 2005 through 2007. The cost will first be inflated for each year based on the DRI factors applied to cost data used to determine the base reimbursement rates. For 2005 the inflated cost would be $1,134, for 2006 the inflated costs would be $1,089, and for 2007 the inflated costs would be $1,055. The total inflated costs would be $3,278. If the provider reported 30,000 resident days during the base cost data period and 20,000 Medicaid days, the nonMedicaid resident day total would be 10,000 (30,000 20,000). The DME pass-through per diem would then be $0.33 ($3,278 / 10,000 rounded to the nearest hundredth). 3) Per Diem Limits No per diem add-on will be implemented that is not equal to or greater than $0.10. 4) Effective Dates The durable medical equipment pass-through will be effective July 1, 2008. 5) Phasing Out the Pass-Through The per diem pass-through will be phased out as the effects of transferring responsibility for all DME to the nursing home program are reflected in the cost reports. The pass-through per diems will be adjusted on a facility-specific basis to reflect the ratio of cost data that includes the new DME expenses. During the phasing out of the DME pass-through, if the per diem add-on falls below $0.10, it will be removed from the rate calculation. 6) Auditing and Adjustments Each qualifying providers cost report and supporting documentation used to determine the DME pass-through will be subject to desk review and field audit and may be revised based on those findings. Corrections that result in a $0.10 or greater per diem change to the pass-through will be implemented. Retroactive rate adjustments will be made when necessary. II. Proposed Medicaid Per Diem Rates for Kansas Nursing Facilities A. Cost Center Limitations: The state proposes the following cost center limitations which are used in setting rates effective July 1, 2011.
Cost Center Operating Indirect Health Care Direct Health Care Real and Personal Property Fee Limit Formula 110% of the Median Cost 115% of the Median Cost 130% of the Median Cost 105% of the Median Fee Per Day Limit $31.59 $45.82 $99.13 $9.14
B. Case Mix Index. These proposed rates are based upon each nursing facilitys Medicaid average CMI calculated with a cutoff date of April 1, 2011, using the July 1, 2011 Kansas Medicaid/Medikan CMI Table. In Section II.C below, each nursing facilitys Medicaid average CMI is listed beside its proposed per diem rate. C. Proposed Nursing Facility Per Diem Rates and CMI. The following list includes the calculated Medicaid rate for each nursing facility provider currently enrolled in the Medicaid program and the Medicaid case mix index used to determine each rate.
Prov. Num. 19928 20875 11211 19671 18691 19387 19244 15157 10826 15023 21222 05720 26464 15113 15363 20919 10646 05415 18502 05516 11467 20732 15462 26565 16780 20676 21132 11144 20146 20942 16845 16351 21009 19019 18308 11107 15168 16417 20266 17813 05764 11514 15991 19917 19119 19648 25251 18410 15226 21187 27217 Facility Name Village Manor Alma Manor Life Care Center of Andover Anthony Community Care Center Medicalodges Health Care Center Arkansas City Presbyterian Manor Deseret Nursing & Rehab at Arma, Inc. Ashland Health Center LTCU Medicalodges Atchison Atchison Senior Village Dooley Center Attica Long Term Care Good Samaritan SocietyAtwood Lake Point Nursing Center Baldwin Care Center Quaker Hill Manor Catholic Care Center Inc. Great Plains of Republic County, Inc. Belleville Health Care Center Mitchell County Hosptial LTCU Hilltop Lodge Nursing Home Bonner Springs Nursing and Rehab. Hill Top House Buhler Sunshine Home, Inc. Life Care Center of Burlington Caney Nursing Center Eastridge Nursing Home Heritage Health Care Center Chanute Health Care Center Applewood Rehabilitation Chapman Valley Manor Cheney Golden Age Home Inc. Cherryvale Care Center Chetopa Manor The Shepherds Center Medicalodges Clay Center Clay Center Presbyterian Manor Clearwater Ret. Community Community Care, Inc. Park Villa Nursing Home Coffeyville Regional Medical Center Windsor Place Medicalodges Coffeyville Windsor Place at Iola, LLC Deseret Nursing & Rehab at Colby Prairie Senior Living Complex Pioneer Lodge Medicalodges Columbus Mt Joseph Senior Village, LLC Sunset Home, Inc. Spring View Manor City Abilene Alma Andover Anthony Arkansas City Arkansas City Arma Ashland Atchison Atchison Atchison Attica Atwood Augusta Baldwin City Baxter Springs Bel Aire Belleville Belleville Beloit Beloit Bonner Springs Bucklin Buhler Burlington Caney Centralia Chanute Chanute Chanute Chapman Cheney Cherryvale Chetopa Cimarron Clay Center Clay Center Clearwater Clifton Clyde Coffeyville Coffeyville Coffeyville Coffeyville Colby Colby Coldwater Columbus Concordia Concordia Conway Springs Daily Rate 154.22 156.67 150.61 148.41 157.58 161.05 131.95 189.31 167.04 158.99 159.31 158.63 159.49 133.73 138.31 123.61 166.24 193.60 128.25 176.46 151.48 144.71 156.36 173.36 133.84 109.05 152.63 132.89 147.98 80.18 130.29 145.61 127.24 118.47 147.49 167.60 181.47 167.19 110.95 131.10 89.58 145.80 173.10 148.67 159.81 173.20 139.49 172.00 137.34 148.74 120.59 Medicaid CMI 0.9149 0.8310 1.1213 1.1013 0.9709 0.9692 1.1027 1.0757 1.0704 0.9215 0.6958 0.9745 0.9279 0.9454 1.0706 1.0627 0.9574 1.0818 1.0062 0.9006 0.9871 1.0482 0.9827 1.0096 0.9970 0.9917 0.7467 1.0842 1.0090 0.7768 0.8855 0.9677 0.9963 0.8875 0.9893 0.9546 0.9688 1.0269 0.7950 0.9106 0.0000 1.0112 1.1000 0.9974 1.1178 0.9669 0.8339 1.1233 1.0607 0.9985 0.9163
These amounts were determined according to the Reimbursement Limitations section. The Direct Healthcare Limit is calculated based on a CMI of 1.0124, which is the statewide average.
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19872 20135 18162 10748 21560 20492 18173 05347 11377 17385 21143 20838 10995 19153 20614 20625 20636 10782 19907 05696 19635 25485 15416 11232 11367 20175 17791 20715 17781 18927 21570 15045 20446 17857 27555 20581 15304 17915 20930 11345 15430 05712 19579 05808 21053 15315 15214 11197 05595 17295 10714 16836 11029 20120 11006 17137 17486 11089 15348 16902 21032 19334 25531 Golden Living Center-Chase Co. Council Grove Healthcare Center Hilltop Manor Westview of Derby Derby Health and Rehabilitation Hillside Village Dexter Care Center Lane County Hospital - LTCU Trinity Manor Good Samaritan SocietyDodge City Manor of the Plains Medicalodges Douglass Golden Living Center-Downs Country Care Home Golden Living CenterParkway Golden Living Center-Kaw River Golden Living CenterEdwardsville Lakepoint Nursing Center-El Dorado Golden Living Center-El Dorado Morton County Hospital Woodhaven Care Center Good Samaritan Society-Ellis Good Sam Society-Ellsworth Village Emporia Presbyterian Manor Holiday Resort Flint Hills Care Center, Inc. Enterprise Estates Nursing Center Golden Living CenterEskridge Medicalodges of Eudora Eureka Nursing Center Kansas Soldiers Home Medicalodges Fort Scott Fort Scott Manor Fowler Residential Care Frankfort Community Care Home, Inc. Golden Living CenterFredonia Sunset Manor, Inc Emerald Pointe Health & Rehab Centre Galena Nursing & Rehab Center Garden Valley Retirement Village Homestead Health & Rehab. Meadowbrook Rehab Hosp., LTCU Medicalodges Gardner Anderson County Hospital Golden Heights Living Center The Heritage The Nicol Home, Inc. Medicalodges Goddard Bethesda Home Good Samaritan SocietySherman Co. Cherry Village Benevolence Great Bend Health & Rehab Center Halstead Health and Rehab Center Lakewood Senior Living of Haviland St. Johns of Hays St. Johns Victoria Good Samaritan Society-Hays Haysville Healthcare Center Medicalodges Herington Schowalter Villa Maple Heights of Hiawatha Highland Care Center Dawson Place, Inc. Cottonwood Falls Council Grove Cunningham Derby Derby De Soto Dexter Dighton Dodge City Dodge City Dodge City Douglass Downs Easton Edwardsville Edwardsville Edwardsville El Dorado El Dorado Elkhart Ellinwood Ellis Ellsworth Emporia Emporia Emporia Enterprise Eskridge Eudora Eureka Fort Dodge Fort Scott Fort Scott Fowler Frankfort Fredonia Frontenac Galena Galena Garden City Garden City Gardner Gardner Garnett Garnett Girard Glasco Goddard Goessel Goodland Great Bend Great Bend Halstead Haviland Hays Hays Hays Haysville Herington Hesston Hiawatha Highland Hill City 134.51 141.96 122.85 147.55 191.42 137.68 127.46 167.29 152.23 150.50 165.61 166.93 134.29 134.75 145.04 157.85 132.65 140.76 139.86 140.35 135.88 164.18 152.50 181.55 130.67 109.26 129.30 109.94 136.20 134.02 159.67 158.25 121.48 166.78 144.74 135.58 123.82 117.84 125.27 154.25 153.90 191.48 151.21 174.92 145.97 124.68 133.55 171.74 186.85 153.19 130.91 141.57 136.83 94.90 146.43 149.75 139.33 156.20 138.48 185.97 125.39 131.34 154.21
Kansas Register
0.9826 1.0558 0.9859 1.0083 1.0710 0.9188 0.8571 0.9367 1.0165 1.0197 1.0467 1.0088 1.0129 0.8496 1.0328 0.9870 05674 0.8279 1.1338 1.1335 0.9327 1.0204 1.0592 0.9971 1.0200 0.9569 0.8833 0.9474 0.8091 0.8766 0.9926 0.8745 0.9677 0.8764 0.9038 1.0284 1.0439 0.9820 0.8336 0.9090 1.0071 0.8974 1.0778 0.9622 0.9612 0.9163 1.1096 0.9000 1.0394 1.0672 0.9539 0.8733 1.0416 0.8687 0.6989 0.9219 0.9759 0.9527 1.0482 0.9647 0.9564 0.9309 0.9425 0.9338 10480 10591 11030 16654 20377 20244 21121 18432 20806 05246 18757 20232 20197 20450 11175 11391 21450 11096 11355 21470 16261 05786 17508 21510 17577 15890 17352 27566 17328 20096 17497 10894 11491 21530 05088 05156 18037 21162 20854 25935 25982 10805 05191 17734 18274 15528 05426 17690 17835 10602 15394 05281 11018 20821 11076 17148 19595 21154 21176 11447 19309 25913 15002 05066 Salem Home Parkside Homes, Inc. Medicalodges Jackson County Tri County Manor Living Center, Inc. Howard Twilight Manor Sheridan County Hospital Pioneer Manor Pinecrest Nursing Home Golden Plains Good Sam Society-Hutchinson Village Hutchinson Care Center Wesley Towers Ray E. Dillon Living Center Regal Estate Windsor Place at Independence Pleasant View Home Iola Nursing Center Hodgeman Co Health CenterLTCU Stanton County HospitalLTCU Valley View Senior Life Medicalodges Post Acute Care Center Kansas City Presbyterian Manor Medicalodges Kansas City Lifecare Center of Kansas City Deseret Nursing & Rehab at Kensington The Wheatlands Medicalodges Kinsley Kiowa Hospital District Manor Rush Co. Memorial Hospital Rush County Nursing Home High Plains Retirement Village Golden Living Center-Lansing Larned Healthcare Center Lawrence Presbyterian Manor Brandon Woods at Alvamar Pioneer Ridge Retirement Community Medicalodges Leavenworth Delmar Gardens of Lenexa Lakeview Village Leonardville Nursing Home Wichita County Health Center Good Samaritan SocietyLiberal Wheatridge Park Care Center Lincoln Park Manor, Inc. Bethany Home Association Linn Community Nursing Home Sandstone Heights Logan Manor Community Health Service Louisburg Care Center Good Samaritan Society-Lyons Meadowlark Hills Retirement Community Stoneybrook Retirement Community St. Joseph Village, Inc. Jewell County Hospital St. Luke Living Center Riverview Estates, Inc. Cambridge Place McPherson Care Center The Cedars, Inc. Meade District Hospital, LTCU Trinity Nursing & Rehab Center Great Plains of Ottawa County, Inc. Good Samaritan SocietyMinneapolis Minneola District Hospital Bethel Home, Inc. Hillsboro Hillsboro Holton Horton Howard Hoxie Hugoton Humboldt Hutchinson Hutchinson Hutchinson Hutchinson Hutchinson Independence Independence Inman Iola Jetmore Johnson Junction City Kansas City Kansas City Kansas City Kansas City Kensington Kingman Kinsley Kiowa La Crosse La Crosse Lakin Lansing Larned Lawrence Lawrence Lawrence Leavenworth Lenexa Lenexa Leonardville Leoti Liberal Liberal Lincoln Lindsborg Linn Little River Logan Louisburg Lyons Manhattan Manhattan Manhattan Mankato Marion Marquette Marysville McPherson McPherson Meade Merriam Minneapolis Minneapolis Minneola Montezuma 159.65 163.23 143.92 116.28 146.39 154.23 178.24 144.38 132.31 170.68 129.02 190.80 178.39 122.54 145.23 157.71 145.32 174.28 184.46 155.12 173.91 182.24 163.87 152.43 130.10 139.78 176.26 157.41 169.92 156.37 186.66 145.24 139.12 181.86 173.59 157.85 155.50 139.84 185.07 127.92 149.91 154.37 153.74 142.10 175.69 131.58 176.14 179.70 142.98 157.52 195.01 164.92 153.92 178.88 145.41 140.98 133.08 130.60 168.91 174.37 164.49 132.45 148.50 180.33 152.53
Notice
0.8719 1.0935 0.9438 0.9795 1.0378 0.8745 0.9004 0.8879 0.9248 1.0702 0.9154 1.0655 0.9887 1.0181 0.9920 0.8940 1.0563 0.9570 1.0143 0.9897 1.1300 0.9742 0.9883 1.0572 1.1138 0.9553 0.9076 0.8418 1.0756 1.0273 1.0424 1.0459 0.9669 1.0717 0.9319 0.9138 0.9142 0.9381 1.0038 0.9531 0.6700 1.0638 0.9291 0.9873 0.9409 1.0296 1.0194 1.0190 1.0860 1.0224 1.0841 0.9777 0.9845 0.9850 0.8985 0.8113 0.9354 1.1610 0.9162 0.8750 1.1045 0.8433 1.0784 0.9513 0.8794
Vol. 30, No. 18, May 5, 2011
Notice
20085 15901 18140 17565 18230 20605 05630 10062 15574 15585 10051 16103 15619 19683 05562 25395 10668 10920 11245 15653 21109 21460 26422 18206 27578 10973 17521 20301 18402 20467 11121 11300 11335 11412 11423 11478 21200 21251 21430 16553 18713 20298 18322 18792 18871 25733 10096 20753 21045 10433 11401 20749 21520 26666 05775 20028 17464 21440 17587 05044 Moran Manor Memorial Home for the Aged Moundridge Manor, Inc. Mt. Hope Nursing Center Villa Maria, Inc. Golden Living CenterNeodesha Ness County Hospital Dist.#2 Asbury Park Kansas Christian Home Newton Presbyterian Manor Bethel Care Center Andbe Home, Inc. Village Villa Logan County Manor Decatur County Hospital Good Samaritan SocietyDecatur Co. Villa St. Francis Pinnacle Ridge Nursing and Rehab. Royal Terrace Nrsg. & Rehab. Center Good Samaritan SocietyOlathe Evergreen Community of Johnson County Aberdeen Village, Inc. Deseret Nursing & Rehab at Onaga Peterson Health Care, Inc. Osage Nursing & Rehab Center Life Care Center of Osawatomie Parkview Care Center Hickory Pointe Care & Rehab Center Deseret Nursing & Rehab at Oswego Ottawa Retirement Village Brookside Manor Garden Terrace at Overland Park Indian Meadows Healthcare Center Manorcare Health Services of Overland Park Villa Saint Joseph Delmar Gardens of Overland Park Overland Park Nursing & Rehab. Indian Creek Healthcare Center Village Shalom, Inc. Riverview Manor, Inc. Medicalodges Paola North Point Skilled Nursing Center Elmhaven East Elmhaven West Parsons Presbyterian Manor Good Samaritan SocietyParsons Legacy Park Westview Manor of Peabody Phillips County Retirement Center Medicalodges Pittsburg South Mt. Carmel Regional Medical Center SNF Golden Living CenterPittsburg Cornerstone Village, Inc. Rooks County Senior Services, Inc. Pratt Regional Medical Center Lakewood Senior Living of Pratt, LLC Prescott Country View Nursing Center Prairie Sunset Manor Protection Valley Manor Gove County Medical Center Moran Moundridge Moundridge Mt. Hope Mulvane Neodesha Ness City Newton Newton Newton North Newton Norton Nortonville Oakley Oberlin Oberlin Olathe Olathe Olathe Olathe Olathe Olathe Onaga Osage City Osage City Osawatomie Osborne Oskaloosa Oswego Ottawa Overbrook Overland Park Overland Park Overland Park Overland Park Overland Park Overland Park Overland Park Overland Park Oxford Paola Paola Parsons Parsons Parsons Parsons Peabody Peabody Phillipsburg Pittsburg Pittsburg Pittsburg Pittsburg Plainville Pratt Pratt Prescott Pretty Prairie Protection Quinter 126.58 168.54 149.95 138.56 136.58 135.99 168.85 176.31 161.47 182.04 164.19 150.14 140.39 175.65 170.32 151.11 174.42 145.14 137.12 173.64 194.70 181.25 125.85 127.05 148.55 151.11 129.32 146.19 118.39 136.21 129.65 152.72 186.49 179.69 188.00 169.25 160.87 172.23 184.88 113.30 111.67 143.88 125.07 132.79 165.98 148.14 145.00 80.29 129.96 166.16 87.43 133.98 142.39 162.78 179.51 144.18 132.45 147.53 126.54 172.52
Kansas Register
1.1384 0.9666 0.8288 0.9609 0.9271 1.0971 0.9711 0.9741 0.9896 0.9579 0.9648 0.9764 1.1120 0.9128 1.0208 0.9208 1.0412 1.0036 0.9270 0.9922 1.0861 0.9058 1.0838 0.9691 1.1032 1.1173 0.8688 0.9420 1.0238 1.0640 0.8906 1.0235 1.3350 1.1048 1.0456 0.9721 0.9432 1.1157 0.9429 0.8929 0.7015 1.0571 1.0163 0.9700 0.9761 1.0174 0.9352 0.6502 0.9723 1.1290 0.0000 1.0710 0.9243 0.9437 1.0547 1.1104 1.1040 0.8438 0.8477 0.8977 05617 15485 20695 18445 20772 21480 19782 26238 10774 10952 11186 11459 11480 21382 05685 16338 19545 19707 16037 18253 27263 15384 21190 05505 18153 18138 20650 25204 19884 19467 21240 17655 26622 20222 05641 11154 10310 10343 10916 11201 11254 11276 11388 19346 19445 19692 20557 20963 21110 21211 21420 18772 21590 18465 05292 20865 20704 26442 Grisell Memorial Hosp. Dist. #1-LTCU Richmond Healthcare and Rehabilitation Lakepoint Nursing CenterRose Hill Rossville Healthcare & Rehab. Center Wheatland Nursing & Rehab. Center Russell Regional Hospital Sabetha Nursing Center Apostolic Christian Home Smokey Hill Rehabilitation Center Kenwood View Nursing Center Windsor Estates Pinnacle Park Nursing and Rehabilitation Salina Presbyterian Manor Holiday Resort of Salina Satanta Dist. Hosp. LTCU Park Lane Nursing Home Pleasant Valley Manor Sedgwick Healthcare Center Crestview Manor Life Care Center of Seneca Good Samaritan Society Shawnee Gardens Nursing Center Sharon Lane Health Services Smith County Memorial Hospital LTCU Deseret Nursing & Rehab. at Smith Center Mennonite Friendship Manor, Inc. Golden Living Center-Spring Hill Good Sam Society-St. Francis Village Leisure Homestead at St. John Community Hospital of Onaga, LTCU Prairie Mission Retirement Village Leisure Homestead at Stafford Sterling Presbyterian Manor Solomon Valley Manor Seasons of Life Living Center Tonganoxie Nursing Center Brewster Place Topeka Presbyterian Manor Inc. Eventide Convalescent Center, Inc. Topeka Community Healthcare Center McCrite Plaza Health Center Rolling Hills Health Center Manorcare Health Services of Topeka Westwood Manor IHS of Brighton Place Countryside Health Center Providence Living Center Brighton Place North Aldersgate Village Plaza West Care Center, Inc. Lexington Park Nursing and Post Acute Greeley County Hospital, LTCU The Legacy at Park View Valley Health Care Center Trego Co. Lemke Memorial LTCU Trego Manor Golden Living CenterWakefield Good Samaritan SocietyValley Vista Ransom Richmond Rose Hill Rossville Russell Russell Sabetha Sabetha Salina Salina Salina Salina Salina Salina Satanta Scott City Sedan Sedgwick Seneca Seneca Sharon Springs Shawnee Shawnee Smith Center Smith Center South Hutchinson Spring Hill St. Francis St. John St. Marys St. Paul Stafford Sterling Stockton Syracuse Tonganoxie Topeka Topeka Topeka Topeka Topeka Topeka Topeka Topeka Topeka Topeka Topeka Topeka Topeka Topeka Topeka Tribune Ulysses Valley Falls WaKeeney WaKeeney Wakefield Wamego 170.65 150.67 146.35 135.10 134.63 214.13 155.59 138.30 132.77 128.44 136.89 125.03 182.36 143.31 173.96 160.81 118.95 161.77 113.50 129.58 150.25 145.21 140.24 164.49 130.18 177.38 161.30 154.81 148.68 174.80 138.73 125.81 164.36 170.19 163.95 150.99 180.53 180.66 120.36 146.90 146.90 172.75 157.53 134.46 96.75 110.74 94.75 91.89 179.94 173.15 165.94 180.76 163.42 120.28 168.83 150.96 156.96 158.60
531
0.9650 1.0545 1.0604 0.9939 0.9819 1.2463 1.2090 0.9320 1.0055 0.9454 1.0057 1.0339 1.0040 0.9296 0.9329 0.9166 1.0437 0.9706 0.9575 0.9855 1.0386 1.1619 1.0082 0.8357 1.1188 0.9807 1.1393 0.8733 0.9765 0.9590 0.9694 0.8812 0.8207 1.1189 0.8447 1.0586 0.9525 0.9638 0.8367 1.0057 0.8946 1.0094 1.0306 0.9736 0.6731 0.6854 0.7156 0.6544 1.0013 1.0106 0.9195 0.9800 0.9124 0.6453 0.8717 0.9438 1.0672 0.9665
(continued)
Vol. 30, No. 18, May 5, 2011
532
16597 20186 20076 19863 20368 20392 17767 10578 10141 10613 10670 10736 10853 11052 11266 11313 11322 11504 18582 18591 18784 21233 21360 21541 21550 20660 05584 16812 21350 21410 21580 20335 The Centennial Homestead, Inc. Wathena Nursing & Rehab. Center Coffey County Hospital Golden Living CenterWellington Deseret Nursing & Rehab. at Wellington Wellsville Manor Westy Community Care Home Wheat State Manor Medicalodges Wichita Meridian Nursing & Rehab. Center Kansas Masonic Home Homestead Health Center, Inc. Deseret Nursing & Rehab at Wichita Wichita Presbyterian Manor Sandpiper Healthcare and Rehab Center Lakepoint Nursing and Rehabilitation Manorcare Health Services of Wichita College Hill Nursing and Rehab Center Lakewood Senior Living of Seville Golden Living Center-Wichita Wichita Nursing Center The Health Care Center@Larksfield Pl Life Care Center of Wichita Via Christi Hope Family Health & Rehabilitation Center Golden Living Center-Wilson Jefferson Co. Memorial Hospital-LTCU Good Samaritan SocietyWinfield Cumbernauld Village, Inc. Winfield Rest Haven, Inc. Kansas Veterans Home Deseret Nursing & Rehab. at Yates Center Washington Wathena Waverly Wellington Wellington Wellsville Westmoreland Whitewater Wichita Wichita Wichita Wichita Wichita Wichita Wichita Wichita Wichita Wichita Wichita Wichita Wichita Wichita Wichita Wichita Wichita Wilson Winchester Winfield Winfield Winfield Winfield Yates Center 115.63 145.04 163.77 128.95 128.93 122.54 131.93 159.23 159.34 125.08 174.67 174.23 135.66 177.79 138.07 147.07 161.62 143.58 138.78 141.61 99.90 159.66 154.34 128.39 162.02 144.50 156.58 149.64 178.61 155.89 157.46 136.43
Kansas Register
0.8367 1.0281 0.8617 0.9858 1.1296 0.8638 0.9700 0.9633 0.9730 0.9121 1.0475 1.0225 1.1942 0.9720 1.0173 0.9795 1.1122 0.9600 0.9639 0.9060 0.8040 0.9343 1.1013 0.9278 0.9667 1.1810 0.9739 1.0005 0.9410 0.8985 0.9629 1.0850
Notice
the Medicaid State Plan at least to the extent that care and services are available to the general population in the geographic area. The states analyses indicate: a. Service providers operating a total of 285 nursing facilities (representing 97% of all the licensed nursing facilities in Kansas) participate in the Medicaid program, while an additional 39 hospital-based long-term care units are also certified to participate in the Medicaid program; b. There is at least one Medicaid-certified nursing facility and/or nursing facility for mental health, or Medicaid-certified hospital-based long-term care unit in 105 of the 105 counties in Kansas; c. The statewide average occupancy rate for nursing facilities participating in Medicaid is 83.82%; d. The statewide average Medicaid occupancy rate for participating facilities is 56.38%; and e. The proposed rates would cover 96.6% of the estimated Medicaid direct health care costs incurred by participating nursing facilities statewide. 6. Federal Medicaid regulations at 42 C.F.R. 447.272 impose an aggregate upper payment limit that states may pay for Medicaid nursing facility services. The states analysis indicates that the proposed methodology will result in compliance with the federal regulation. IV. Request for Comments; Request for Copies The state requests providers, beneficiaries and their representatives, and other concerned Kansas residents to review and comment on the proposed rates, the methodology used to calculate the proposed rates, the justifications for the proposed rates, and the intent to amend the Medicaid State Plan. Persons and organizations wishing to submit comments must mail, deliver or fax their signed, written comments before the close of business on Friday, May 27, 2011, to: Amanda Barta Nursing Facility Reimbursement Manager Kansas Department on Aging New England Building, 2nd Floor 503 S. Kansas Ave. Topeka, KS 66603-3404 Fax (785) 296-0256 V. Notice of Intent to Amend the Medicaid State Plan The state intends to submit proposed Medicaid State Plan amendments to CMS on or before September 30, 2011. Shawn Sullivan Secretary of Aging Rod Siedlecki Secretary of Social and Rehabilitation Services Dr. Andrew Allison KHPA Executive Director
Doc. No. 039367
III. Justifications for the Proposed Rates 1. The proposed rates are calculated according to the rate-setting methodology in the Kansas Medicaid State Plan and pending amendments thereto. 2. The proposed rates are calculated according to a methodology which satisfies the requirements of K.S.A. 39708c(x) and the KHPA regulations in K.A.R. Article 3010 implementing that statute and applicable federal law. 3. The states analyses project that the proposed rates: a. Would result in payment, in the aggregate of 95.4% of the Medicaid day weighted average inflated allowable nursing facility costs statewide; and b. Would result in a maximum allowable rate of $185.68; with the total average allowable cost being $162.60. c. Estimated average rate July 1, 2011 $149.10 d. Average payment rate July 1, 2010 $145.44 Amount of change $3.66 Percent of change 2.51% 4. Estimated annual aggregate expenditures in the Medicaid nursing facility services payment program will increase approximately $11 million. 5. The state estimates that the proposed rates will continue to make quality care and services available under
Vol. 30, No. 18, May 5, 2011

State of Kansas
Kansas Register
533

Request for Comments The Kansas Department of Health and Environment has received an application to expand the Champlin Tire Recycling, Inc. waste tire monofill. The requested modification to expand the landfill would increase the permitted disposal volume from 201,000 cubic yards to 324,000 cubic yards while maintaining the landfills 8.5acre disposal area. The proposed landfill expansion would be constructed and operated in conformance with state solid waste regulations and accept only waste tires as defined by Kansas statutes. The proposed landfill expansion site is located at 1240 S. 190th St., southwest of Pittsburg in the S12 of the NE14 and the N12 of the SE14 of Section 14, in Township 31 South, Range 24 East in Crawford County. The Crawford County Commission has previously certified that the landfill is consistent with the countys solid waste management plan and local land use restrictions or zoning. KDHE has reviewed the application and found it to be in conformance with state solid waste statutes and regulations. KDHE is providing public notice of its intent to approve the proposed landfill expansion. However, a final decision to approve the expansion has not been made, and KDHE will consider information gathered during the public comment period before making a final decision. A copy of the administrative record, which includes the permit application, engineering drawings, draft permit and other information with respect to this permit action, will be available for public review through June 6, during normal business hours, at the following locations: Kansas Department of Health and Environment Bureau of Waste Management 1000 S.W. Jackson, Suite 320 Topeka, 66612 Contact: Sam Sunderraj (785) 296-6563 Pittsburg Public Library 308 N. Walnut St. Pittsburg, 66762 Contact: Pat Clement, Library Director (620) 231-8110 A copy of the permit application also is available at the KDHE Southeast District Office, 1500 W. 7th, Chanute, 66720, where permit reviewer Charles Bowers can be contacted at (620) 431-2390. Additionally, the permit application form with primary application information is available for public viewing via the Internet at http:// www.kdheks. gov/waste. Anyone wishing to comment on the landfills permit modification should submit written statements postmarked not later than June 6 to Charles Bowers at the Chanute address, by fax at (620) 431-1211, or by e-mail to cbowers@kdheks.gov. Mailed comments postmarked by June 6 and received within one week thereafter also will be considered.
After consideration of all written comments received during the public notice period, KDHE will make a final decision on whether to issue the permit. Notice of the decision will be given to the applicant, to anyone who submitted written comments during the comment period, and to those who requested notice of the final permit decision. Robert Moser, M.D. Secretary of Health and Environment
Doc. No. 039378
State of Kansas

Request for Comments The Kansas Department of Health and Environment is soliciting comments regarding a proposed air quality operating permit. Goodrich Cabin Systems-PCI has applied for a Class I operating permit in accordance with the provisions of K.A.R. 28-19-510 et seq. The purpose of a Class I permit is to identify the sources and types of regulated air pollutants emitted from the facility; the emission limitations, standards and requirements applicable to each source; and the monitoring, record keeping and reporting requirements applicable to each source as of the effective date of permit issuance. Goodrich Cabin Systems-PCI, 3414 S. 5th St., Phoenix, AZ 85040, owns and operates a fiberglass manufacturing facility located at 1700 E. Essex Road, Hutchinson, KS 67501. A copy of the proposed permit, permit application, all supporting documentation and all information relied upon during the permit application review process is available for a 30-day public review during normal business hours at the KDHE, Bureau of Air, 1000 S.W. Jackson, Suite 310, Topeka; and a copy of the proposed permit can be reviewed at the KDHE South Central District Office, 130 S. Market, Suite 6050, Wichita. To obtain or review the proposed permit and supporting documentation, contact Ashley Eichman, (785) 296-1713, at the KDHE central office; and to review the proposed permit only, contact David Butler, (316) 337-6020, at the KDHE South Central District Office. The standard departmental cost will be assessed for any copies requested. Direct written comments or questions regarding the proposed permit to Ashley Eichman, KDHE, Bureau of Air, 1000 S.W. Jackson, Suite 310, Topeka, 66612-1366. In order to be considered in formulating a final permit decision, written comments must be received before the close of business June 6. A person may request a public hearing be held on the proposed permit. The request for a public hearing shall be in writing and set forth the basis for the request. The written request must be submitted to Sharon Burrell, Bureau of Air, not later than the close of business June 6 in order for the Secretary of Health and Environment to consider the request.
(continued)
Vol. 30, No. 18, May 5, 2011
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Kansas Register
The U.S. Environmental Protection Agency has a 45day review period, which will start concurrently with the 30-day public comment period, within which to object to the proposed permit. If the EPA has not objected in writing to the issuance of the permit within the 45-day review period, any person may petition the administrator of the EPA to review the permit. The 60-day public petition period will directly follow the EPAs 45-day review period. Interested parties may contact KDHE to determine if the EPAs 45-day review period has been waived. Any such petition shall be based only on objections to the permit that were raised with reasonable specificity during the public comment period provided for in this notice, unless the petitioner demonstrates that it was impracticable to raise such objections within such period, or unless the grounds for such objection arose after such period. Contact Patricia Scott, U.S. EPA, Region VII, Air Permitting and Compliance Branch, 901 N. 5th St., Kansas City, KS 66101, (913) 551-7312, to determine when the 45day EPA review period ends and the 60-day petition period commences. Robert Moser, M.D. Secretary of Health and Environment
Doc. No. 039371
Legal Description Receiving Water N/2 of Section 21, Cimarron River Basin T33S, R31W, Seward County Kansas Permit No. A-CISW-H002 Federal Permit No. KS0118559 This is an application for a permit for expansion at an existing swine facility. The proposed expansion is an increase in animal unit capacity only and does not include construction of additional buildings. The facility proposes to expand from 10,151 animal units of swine to 12,139 animal units of swine and 60 animal units of goats. A new or modified permit will not be issued without additional public notice.
Name and Address Legal Receiving of Applicant Description Water Circle Bar Heifer Ranch, S/2 of Section 29, Upper Arkansas LLC T27S, R33W, River Basin Nathan & Vance Kells Haskell County 842 60th Road Satanta, KS 67870 Kansas Permit No. A-UAHS-C002 Federal Permit No. KS0096466 This is a permit modification and reissuance for an expanding facility with a proposed maximum capacity of 19,500 head (19,500 animal units) of cattle weighing greater than 700 pounds. This represents an increase in the permitted animal units from the previous permit. Proposed modifications include the construction of additional open lot pens and associated collection channels. Modifications will also be made to Retention Structure 2. This facility has an approved nutrient management plan on file with KDHE. Name and Address Legal Receiving of Applicant Description Water Galen W. Penner E/2 of Section 17, Neosho River 2255 K-15 Hwy. T19S, R02E, Marion Basin Hillsboro, KS 67063 County Kansas Permit No. A-NEMN-M006 This permit is being reissued for a confined animal feeding operation for 140 head (196 animal units) of mature dairy cows, 35 head (35 animal units) of cattle weighing greater than 700 pounds and 30 head (15 animal units) of cattle weighing less than 700 pounds, for a total of 205 head (246 animal units) of dairy cattle. This represents an increase in the permitted animal units from the previous permit. The permit also contains modifications consisting of a vegetative buffer area in the north confinement pen. Name and Address Legal Receiving of Applicant Description Water KSU Modified Early NW/4 of Section 36, Big Blue River Wean Swine Unit T09S, R07E, Riley Basin 232 Weber Hall County Manhattan, KS 66506 Kansas Permit No. A-BBRL-S016 This permit is being reissued to an existing facility with a maximum capacity of 400 head (40 animal units) of swine 55 pounds or less. There is no change in the permitted animal units from the previous permit. Name and Address Legal Receiving of Applicant Description Water MLS Ranch, Inc. NE/4 of Section 04, Solomon River Mark Schamberger T07S, R28W, Basin 8999 N. Hwy. 23 Sheridan County Hoxie, KS 67740 Kansas Permit No. A-SOSD-B008 This permit is being reissued for an existing facility with a maximum capacity of 999 head (999 animal units) of cattle more than 700 pounds. There is no change in the permitted animal units from the previous permit.
State of Kansas

Notice Concerning Kansas/Federal Water Pollution Control Permits and Applications In accordance with Kansas Administrative Regulations 28-16-57 through 63, 28-18-1 through 15, 28-18a-1 through 32, 28-16-150 through 154, 28-46-7, and the authority vested with the state by the administrator of the U.S. Environmental Protection Agency, various draft water pollution control documents (permits, notices to revoke and reissue, notices to terminate) have been prepared and/or permit applications have been received for discharges to waters of the United States and the state of Kansas for the class of discharges described below. The proposed actions concerning the draft documents are based on staff review, applying the appropriate standards, regulations and effluent limitations of the state of Kansas and the Environmental Protection Agency. The final action will result in a Federal National Pollutant Discharge Elimination System Authorization and/or a Kansas Water Pollution Control permit being issued, subject to certain conditions, revocation and reissuance of the designated permit or termination of the designated permit. Public Notice No. KS-AG-11-075 Application(s) for New or Expansion of Existing Swine Facilities
Name and Address of Applicant Kansas-Smith Farms, LLC Farms 3-4-GGPI 23179 #5 Road Plains, KS 67869 Owner of Property Where Facility Will Be Located Kansas-Smith Farms, LLC Farms 3-4-GGPI 23179 #5 Road Plains, KS 67869
Vol. 30, No. 18, May 5, 2011
Notice/Hearing
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Name and Address Receiving Type of of Applicant Stream Discharge Country Club Acres, LLC Smoky Hill River Groundwater P.O. Box 1460 via East Dry Creek Remediation Salina, KS 67401 Kansas Permit No. I-SH33-PO11 Federal Permit No. KS0098809 Legal Description: SW14 & SE14, S9, T14S, R2W, Saline County Facility Description The proposed action consists of a modification of an existing Kansas/NPDES Water Pollution Control permit for an existing groundwater remediation project. The proposed modification includes the addition of groundwater from Well SC-3, at the Scoular Elevator site, currently permitted in KDHE Permit I-SH33PO08, to the treatment system permitted under this permit. Once Well SC-3 is connected, the groundwater from it will co-mingle with groundwater from recovery wells RW-1 and RW-2 for treatment by existing GWTS #1 and be discharged through Outfall 001X1. In addition of the existing parameters, the modification adds monitoring of chloride, sulfate and total phosphorus. All other terms and provisions of the existing permit will remain in effect.
Public Notice No. KS-EG-11-004/007 In accordance with K.A.R. 28-46-7 and the authority vested with the state by the administrator of the U.S. Environmental Protection Agency, draft permits have been prepared for the use of the well(s) described below within the state of Kansas:
Name and Address of Applicant Occidental Chemical Corporation P.O. Box 12283 Wichita, KS 67277-2283 Facility Location: Wichita, Kansas Well and Permit Number #3 / KS-01-173-004 Location NE14, SW14, SW14, S27, T28S, R1W, Sedgwick County, KS #7 / KS-01-173-006 NE14, NW14, SW14, S27, T28S, R1W, Sedgwick County, KS #8 / KS-01-173-007 SE14, NW14, SW14, S27, T28S, R1W, Sedgwick County, KS #9 / KS-01-173-008 SE14, NE14, SW14, S27, T28S, R1W, Sedgwick County, KS Facility Description: The proposed action is to reissue four existing Class I Hazardous Waste Disposal Well permits. The injection fluids consist of stormwater runoff, contaminated groundwater and process wastewater originating from this facility. Disposal is by gravity flow. Injection is to be made into the Arbuckle and Simpson formations from a bottom depth of approximately 4,727 feet to a top depth of approximately 3,838 feet below ground surface. The estimated maximum rate of injection to this disposal well is 864,000 gallons per day. The current facility injection volume of 2,520,000 gallons per day will not be increased. All construction, monitoring and operation of this well will meet the requirements that apply to Class I Hazardous Waste Disposal Wells under the Kansas UIC regulations, K.A.R. 28-46-1 through 28-46-44.
agement Section for agricultural-related draft documents or applications, or to the Technical Services Section for all other permits, at the Kansas Department of Health and Environment, Division of Environment, Bureau of Water, 1000 S.W. Jackson, Suite 420, Topeka, 66612-1367. All comments regarding the draft documents or application notices received on or before June 4 will be considered in the formulation of the final determinations regarding this public notice. Please refer to the appropriate Kansas document number (KS-AG-11-075/079, KS-Q-11026, KS-EG-11-004/007) and name of the applicant/permittee when preparing comments. After review of any comments received during the public notice period, the Secretary of Health and Environment will issue a determination regarding final agency action on each draft document/application. If response to any draft document/application indicates significant public interest, a public hearing may be held in conformance with K.A.R. 28-16-61 (28-46-21 for UIC). All draft documents/applications and the supporting information including any comments received are on file and may be inspected at the offices of the Kansas Department of Health and Environment, Bureau of Water. These documents are available upon request at the copying cost assessed by KDHE. Application information and components of plans and specifications for all new and expanding swine facilities are available on the Internet at http://www.kdheks.gov/feedlots. Division of Environment offices are open from 8 a.m. to 5 p.m. Monday through Friday, excluding holidays. Robert Moser, M.D. Secretary of Health and Environment
Doc. No. 039377
State of Kansas
Board of Mortuary Arts

Notice of Hearing on Proposed Administrative Regulations A public hearing will be conducted by the Kansas State Board of Mortuary Arts at 10:30 a.m. Thursday, July 14, in Room 904, Jayhawk Tower, 700 S.W. Jackson, Topeka, to consider the adoption of eight amended and three new regulations of the Kansas State Board of Mortuary Arts. These regulations are proposed for adoption on a permanent basis. Any individual with a disability may request accommodation in order to participate in the public hearing and may request the proposed regulations and economic impact statements in an accessible format. Requests for accommodation should be made at least 10 working days in advance of the hearing by contacting Mack Smith, executive secretary, at (785) 296-3980. Persons with a hearing impairment may call the TDD service at (800) 7663777 to request special accommodations. There is no designated disabled parking on the block. This 60-day notice period prior to the hearing constitutes a public comment period for the purpose of receiving written public comments on the proposed adminis(continued)
Persons wishing to comment on the draft documents and/or permit applications must submit their comments in writing to the Kansas Department of Health and Environment if they wish to have the comments considered in the decision-making process. Comments should be submitted to the attention of the Livestock Waste Man-
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trative regulations. All interested parties may submit written comments prior to the hearing to Mack Smith, Executive Secretary, Kansas State Board of Mortuary Arts, Room 904, Jayhawk Tower, 700 S.W. Jackson, Topeka, 66603-3733, or by e-mail at boma1@ksbma.ks.gov. All interested parties will be given a reasonable opportunity at the hearing to express their views orally in regard to the adoption of the proposed regulations. During the hearing, all written and oral comments submitted by interested parties will be considered by the board as a basis for approving, amending and approving, or rejecting the proposed regulations. In order to give all parties an opportunity to present their views, it may be necessary to request that each participant limit any oral presentation to five minutes. A summary of the proposed new and amended regulations and the economic impact follows: K.A.R. 63-1-6. General requirements relating to the practice of embalming, cremation and funeral directing. This regulation is being amended to include crematory operators. Economic Impact Summary: The proposed amendments are not anticipated to have any appreciable negative economic impact on the agency, other agencies, small businesses or the public. K.A.R. 63-4-1. Payment of fees. This regulation is being amended to include the crematory operators biennial license and renewal fee. Economic Impact Summary: Amendments would result in approximately $1,240 of new income annually to the board by applicants for licensure and license renewals. The proposed amendments are not anticipated to have any appreciable negative economic impact on the agency, other agencies, small businesses or the public. K.A.R. 63-6-2. Standards for approval. This regulation is being amended to include crematory operators and continuing education requirements. Economic Impact Summary: The proposed amendments are not anticipated to have any appreciable negative economic impact on the agency, other agencies, small businesses or the public. K.A.R. 63-6-3. Post approval and review. This regulation is being amended to include crematory operators and continuing education requirements. Economic Impact Summary: The proposed amendments are not anticipated to have any appreciable negative economic impact on the agency, other agencies, small businesses or the public. K.A.R. 63-7-1. Definitions. This regulation is being amended to include crematory operators. Economic Impact Summary: The proposed amendments are not anticipated to have any appreciable negative economic impact on the agency, other agencies, small businesses or the public. K.A.R. 63-7-2. Crematory operator in charge; recordkeeping. This regulation is being amended to include crematory operators. Economic Impact Summary: The proposed amendments are not anticipated to have any appreciable negative economic impact on the agency, other agencies, small businesses or the public.
K.A.R. 63-7-6. Licensure applications for crematories. This regulation is being amended to require a roster of all crematory operators employed at the licensed crematory upon application and renewal. Economic Impact Summary: The proposed amendments are not anticipated to have any appreciable negative economic impact on the agency, other agencies, small businesses or the public. K.A.R. 63-7-7. Inspection of crematories. This regulation is being amended to include information of possible violations as a reason for an inspection of a crematory. Economic Impact Summary: The proposed amendments are not anticipated to have any appreciable negative economic impact on the agency, other agencies, small businesses or the public. K.A.R. 63-7-9. Crematory operators license; application requirements. This new regulation defines the requirements for becoming a licensed crematory operator. Economic Impact Summary: The proposed new regulation is not anticipated to have any appreciable negative economic impact on the agency, other agencies, small businesses or the public. K.A.R. 63-7-10. Crematory operators initial license; biennial renewal. This new regulation sets the initial license and renewal due dates and requirements. Economic Impact Summary: The proposed new regulation is not anticipated to have any appreciable negative economic impact on the agency, other agencies, small businesses or the public. K.A.R. 63-7-11. Continuing education. This new regulation sets up the continuing education requirements for crematory operators. Economic Impact Summary: The proposed new regulation is not anticipated to have any appreciable negative economic impact on the agency, other agencies, small businesses or the public. Copies of the complete text of the regulations and the respective economic impact statement may be obtained by contacting the Kansas State Board of Mortuary Arts at the address above or by calling (785) 296-3980. Copies also will be provided on the agencys Web site at http:// www.kansas.gov/ksbma/. Mack Smith Executive Secretary
Doc. No. 039373
State of Kansas

Permanent Administrative Regulations Article 7.FISH AND FROGS 115-7-9. Weigh-in black bass fishing tournaments. (a) Each individual or organization conducting a weighin black bass fishing tournament shall ensure that all of the following minimum requirements are met when conducting weigh-in procedures: (1) One individual shall provide work crew support for each 10 registered anglers.
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(2) One weigh-in tank filled with an electrolyte chemical-water solution and fitted with recirculation and aeration accessories shall be maintained for each 25 registered anglers. (3) If the water temperature at the tournament location is 75 degrees Fahrenheit or cooler, the water contained in the weigh-in tank shall be maintained at the same temperature as that of the tournament location water. (4) If the water temperature at the tournament location is warmer than 75 degrees Fahrenheit, the water in the weigh-in tank shall be maintained at a temperature that is between five and 10 degrees Fahrenheit cooler than the tournament location water but shall not exceed 85 degrees Fahrenheit at any time. (5) Not more than four anglers shall be in the weigh-in line at any one time. (6) Each weigh-in bag containing water from the well of the vessel shall be reinforced, reusable, and capable of holding up to 15 pounds of live fish and two gallons of water. (7) The weigh-in site shall meet the following requirements: (A) Be located near the vessel mooring site and the release site, vehicle, or vessel; and (B) be located at all times under a portable awning, in an event tent, or in the shade. (8) Only fish that meet the special length limit for the specific body of water where the weigh-in tournament is being conducted shall be weighed within the period beginning June 16 and ending August 31. (b) Each individual or organization conducting the tournament shall ensure that all of the following minimum requirements are met when conducting the release procedures: (1) The direct release of fish into the tournament location water after the weigh-in shall not be permitted. (2) If the tournament is conducted with release tubes, vehicles, or vessels, the holding tanks shall contain a onehalf percent noniodized salt solution. (3) If the tournament is conducted without release tubes, vehicles, or vessels, the fish shall be dipped, for a period ranging from 10 seconds to 15 seconds before release, in a three percent noniodized salt solution having the same temperature as that of the water in the weighin tank. (4) The release site shall meet the following conditions: (A) Be located in water reaching at least three feet in depth with good circulation and a hard bottom; and (B) be located away from vessel traffic and public-use vessel ramps. (c) Each tournament participant shall meet the following requirements: (1) Ensure that each well in the participants vessel used in the tournament is properly working and contains an electrolyte chemical-water solution; and (2) ensure that the participants vessel used in the tournament is cleaned before and after the tournament in compliance with department guidelines regarding the prevention of aquatic nuisance species. (d) The provisions of paragraph (a)(7)(A) may be waived by the secretary within the period beginning September 1 and extending through June 15 if the proximity
proposed to the release site does not pose an inordinate risk to the wildlife resource and all other requirements of this regulation are met. (Authorized by K.S.A. 32-807; implementing K.S.A. 32-807 and K.S.A. 2010 Supp. 32-1002; effective Jan. 1, 2008; amended April 11, 2008; amended Nov. 19, 2010; amended May 20, 2011.) Robin Jennison Acting Secretary of Wildlife and Parks
Doc. No. 039374
State of Kansas
Board of Pharmacy
Permanent Administrative Regulations Article 2.DRUGSTORES 68-2-22. Electronic transmission of a prescription. (a) Each prescription drug order transmitted electronically shall be issued for a legitimate medical purpose by a prescriber acting within the course of legitimate professional practice. (b) Each prescription drug order communicated by way of electronic transmission shall meet these requirements: (1) Be transmitted to a pharmacist in a licensed pharmacy of the patients choice, exactly as transmitted by the prescriber; (2) identify the transmitters phone number for verbal confirmation, the time and date of transmission, and the identity of the pharmacy intended to receive the transmission, as well as any other information required by federal and state laws and regulations; (3) be transmitted by an authorized prescriber or the prescribers designated agent; and (4) be deemed the original prescription drug order, if the order meets the requirements of this regulation. (c) Any prescriber may authorize an agent to communicate a prescription drug order orally or electronically to a pharmacist in a licensed pharmacy if the identity of the transmitting agent is included in the order. (d) Each pharmacist shall exercise professional judgment regarding the accuracy, validity, and authenticity of the prescription drug order communicated by way of electronic transmission, consistent with existing federal and state laws and regulations. (e) All electronic equipment for receipt of prescription drug orders communicated by way of electronic transmission shall be maintained so as to ensure against unauthorized access. (f) Persons other than those bound by a confidentiality agreement shall not have access to pharmacy records containing confidential information or personally identifiable information concerning the pharmacys patients. (g) If communicated by electronic transmission, the prescription drug order shall be maintained in hard copy or as an electronic document for the time required by existing federal or state laws and regulations, whichever is longer.
(continued)
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(h) Any prescription drug order, including that for any controlled substance listed in schedules III, IV, and V and, in certain situations, that for any controlled substance listed in schedule II, may be communicated by way of electronic transmission, if all requirements of K.A.R. 6820-10a are met. (i) After the pharmacist views the prescription drug order, this order shall be immediately reduced to a hard copy or an electronic document and shall contain all information required by federal and state laws and regulations. (j) Each electronic prescription drug order created and transmitted in conformance with 21 CFR part 1311 shall be considered an original, written, signed prescription drug order even if the order is transmitted electronically. (Authorized by K.S.A. 65-1630; implementing K.S.A. 2009 Supp. 65-1642; effective Feb. 5, 1999; amended Dec. 27, 1999; amended June 2, 2006; amended Oct. 23, 2009; amended May 20, 2011.) Article 20.CONROLLED SUBSTANCES 68-20-10a. Electronic transmission of a controlled substance prescription. (a) Each prescription drug order transmitted electronically shall be issued for a legitimate medical purpose by a prescriber acting within the course of legitimate professional practice. (b) Each prescription drug order communicated by way of electronic transmission shall fulfill all the requirements of K.A.R. 68-2-22. (c) If communicated by electronic transmission, the prescription drug order shall be maintained in hard copy for the time required by existing federal and state laws and regulations. (d) A prescription drug order, including that for any controlled substance listed in schedules III, IV, and V and, in certain situations, that for any controlled substance listed in schedule II, may be communicated by electronic transmission. (e) The electronic transmission of a prescription drug order for any schedule II controlled substance shall meet these requirements: (1) A prescription drug order for any schedule II controlled substance may be communicated by the prescriber or that prescribers designated agent by way of electronic transmission if the original, written, signed prescription drug order is presented to the pharmacist for review before the actual dispensing of the controlled substance, except as noted in this subsection. (2) A prescription drug order for any schedule II narcotic substance to be compounded for the direct administration to a patient by parenteral, intravenous, intramuscular, subcutaneous, or intraspinal infusion may be communicated by the prescriber or that prescribers designated agent to the pharmacy by way of electronic transmission. The hard copy of this electronic transmission shall serve as the original, written prescription drug order for purposes of this subsection, and the hard copy shall be maintained as such. (3) A prescription drug order for any schedule II controlled substance for a resident of a nursing facility, a nursing facility for mental health, or an assisted living facility may be communicated by the prescriber or that prescribers designated agent by way of electronic trans Kansas Secretary of State 2011
mission. The hard copy of this electronic transmission shall serve as the original, written prescription drug order for purposes of this subsection, and the hard copy shall be maintained as such. (4) A prescription drug order for any schedule II controlled substance for a patient released by a registered institution to a home hospice setting that continues to provide daily skilled nursing care to the home hospice setting may be transmitted by the prescriber or that prescribers designated agent by way of electronic transmission to the dispensing pharmacy. The hard copy of this electronic transmission shall serve as the original, written prescription drug order for purposes of this subsection, and the hard copy shall be maintained as such. (5) In the case of an emergency situation, a prescription drug order for any schedule II controlled substance may be communicated by the prescriber by way of electronic transmission if the following requirements are met: (A) The quantity prescribed and dispensed shall be limited to the amount adequate to treat the patient during the emergency period. Dispensing beyond the emergency period shall be pursuant to a written prescription drug order signed by the prescriber. (B) After the pharmacist views the prescription drug order, this order shall be immediately reduced to a hard copy and shall contain all information required by federal and state laws and regulations. (C) The pharmacist shall exercise professional judgment regarding the accuracy, validity, and authenticity of the prescription drug order communicated by way of electronic transmission, consistent with existing federal and state laws and regulations. (D) (i) Within seven days after authorizing an emergency prescription drug order, the prescriber shall cause a written prescription drug order for the emergency quantity prescribed to be delivered to the dispensing pharmacist. In addition to conforming to all other federal and state laws and regulations, the prescription drug order shall have written on its face authorization for emergency dispensing and the date of the transmitted prescription drug order. (ii) The written prescription drug order shall be delivered to the pharmacist in person within seven days of authorization, or if delivered by mail, the order shall be postmarked within the seven-day period. (iii) Upon receipt, the dispensing pharmacist shall attach this written prescription drug order to the hard copy of the electronically transmitted prescription drug order. The pharmacist shall notify the nearest office of the U.S. drug enforcement administration (DEA) if the prescriber fails to deliver a written prescription drug order. (f) Each electronic prescription drug order created and transmitted in conformance with 21 CFR part 1311 shall be considered an original, written, signed prescription drug order even if the order is transmitted electronically. (Authorized by and implementing K.S.A. 65-1630, K.S.A. 2009 Supp. 65-1642, K.S.A. 2009 Supp. 65-4102, and K.S.A. 65-4123; effective Feb. 5, 1999; amended Dec. 27, 1999; amended April 23, 2010; amended May 20, 2011.) Debra Billingsley Executive Secretary
Doc. No. 039375
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4-13-23 4-13-24 4-13-25 4-13-25b through 4-13-25h 4-13-25i 4-13-25j 4-13-25k 4-13-25l 4-13-25m 4-13-30 4-13-33 4-13-62 4-27-1 through 4-27-22 4-28-1 4-28-2 4-28-8 4-28-11 4-28-12 4-28-18 through 4-28-30 Amended Amended Amended Amended Revoked Amended Amended Amended New Amended Amended Amended New Amended Amended Amended Amended Amended New V. 29, p. 72 V. 29, p. 72 V. 29, p. 1242 V. 29, p. 1243-1245 V. 29, p. 1246 V. 29, p. 1246 V. 29, p. 1246 V. 29, p. 1247 V. 29, p. 1247 V. 29, p. 72 V. 29, p. 73 V. 29, p. 73 V. 29, p. 706-720 V. 29, p. 720 V. 29, p. 720 V. 29, p. 721 V. 29, p. 722 V. 29, p. 722 V. 29, p. 723-725 14-19-27 14-19-38 14-19-39 14-20-29 14-20-40 14-20-41 14-21-12 14-21-21 14-21-22 14-23-2 14-23-5 14-23-8 14-23-10 14-24-1 through 14-24-6 Reg. No. 16-11-1 through 16-11-5 16-11-6 16-11-7 16-11-8 Amended New New Amended New New Amended New New Amended Amended Amended Amended Revoked Action V. V. V. V. V. V. V. V. V. V. V. V. V. 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29,
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p. p. p. p. p. p. p. p. p. p. p. p. p. 1310 1311 1311 1311 1312 1312 1313 1313 1313 1314 1314 1314 1315
V. 29, p. 1813-1815 V. 29, p. 1816 V. 29, p. 1816 V. 29, p. 1816
AGENCY 4: DEPARTMENT OF AGRICULTURE Reg. No. 4-3-47 4-3-47 4-3-48 4-3-50 4-7-213 4-7-716 4-10-1 4-10-1a 4-10-1b 4-10-2a through 4-10-2d 4-10-2e 4-10-2f through 4-10-2k 4-10-4 4-10-4a through 4-10-4f 4-10-5a 4-10-6 4-10-6a 4-10-6b 4-10-7 4-10-10 4-10-15 4-10-16 4-10-17 4-13-2 4-13-3 4-13-9 4-13-14 4-13-16 4-13-17 4-13-18 4-13-20 4-13-21 4-13-22 Action Amended (T) Amended Revoked Amended Amended Amended Amended New New Revoked Amended Revoked Revoked New Amended Revoked New New Amended New Revoked Amended Revoked Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked Register V. 30, p. 25 V. 30, p. 411 V. 30, p. 411 V. 30, p. 411 V. 29, p. 1023 V. 29, p. 1023 V. 29, p. 254 V. 29, p. 255 V. 29, p. 255 V. 29, p. 255 V. 29, p. 255 V. 29, p. 256 V. 29, p. 256 V. 29, p. 256-258 V. 29, p. 258 V. 29, p. 259 V. 29, p. 259 V. 29, p. 259 V. 29, p. 259 V. 29, p. 260 V. 29, p. 260 V. 29, p. 260 V. 29, p. 261 V. 29, p. 69 V. 29, p. 69 V. 29, p. 71 V. 29, p. 71 V. 29, p. 71 V. 29, p. 72 V. 29, p. 72 V. 29, p. 72 V. 29, p. 72 V. 29, p. 72
AGENCY 14: DEPARTMENT OF REVENUE DIVISION OF ALCOHOLIC BEVERAGE CONTROL 14-6-2a Revoked V. 29, p. 1306 14-6-3 Revoked V. 29, p. 1306 14-6-4 Amended V. 29, p. 1306 14-11-1 New V. 29, p. 1307 14-11-4 New V. 29, p. 1307 14-11-5 Amended V. 29, p. 1307 14-11-6 Amended V. 29, p. 1307 14-11-7 Amended V. 29, p. 1307 14-11-9 Amended V. 29, p. 1307 14-11-10a Revoked V. 29, p. 1307 14-11-10b Revoked V. 29, p. 1308 14-11-10d Revoked V. 29, p. 1308 14-11-11 Revoked V. 29, p. 1633 14-11-14 Revoked V. 29, p. 1308 14-11-15 Amended V. 29, p. 1308 14-11-16 Amended V. 29, p. 1308 14-11-22 New V. 29, p. 1633 14-11-23 through 14-11-29 New V. 29, P. 1308-1310 14-11-27 Revoked V. 29, p. 1730 14-16-25 New V. 29, p. 1310
AGENCY 28: DEPARTMENT OF HEALTH AND ENVIRONMENT Reg. No. 28-1-27 28-1-30 28-1-31 28-1-32 28-4-92 28-4-92 28-4-370 through 28-4-379 28-4-503 28-4-505 28-4-514 28-4-520 28-4-521 28-4-1300 through 28-4-1318 28-16-28g 28-19-200a 28-19-202 28-19-325 28-19-350 28-19-517 Action New New New New Amended (T) Amended Revoked Amended Amended Amended New New New Amended New Amended New Amended Amended Register V. 30, p. 111 V. 30, p. 369 V. 30, p. 370 V. 30, p. 370 V. 29, p. 1348 V. 29, p. 1705 V. 29, p. 1024 V. 29, p. 1662 V. 29, p. 1662 V. 29, p. 1663 V. 29, p. 1663 V. 29, p. 1663 V. 29, p. 1024-1032 V. 29, p. 181 V. 29, p. 1634 V. 29, p. 1509 V. 29, p. 1634 V. 29, p. 1635 V. 29, p. 1510
(continued)
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28-19-645a 28-19-712 28-19-712a through 28-19-712d 28-19-713 28-19-713a through 28-19-713d 28-19-720 28-19-728 28-19-728a through 28-19-728f 28-19-735 28-19-750 28-19-750a 28-21-1 28-21-6 28-21-7 28-21-8 28-21-9 28-21-10 28-21-11 28-21-20a 28-21-21a 28-21-22a 28-21-23a 28-21-24a 28-21-25a 28-21-26a 28-21-27a 28-21-28a 28-21-29a 28-21-30a 28-21-31a 28-21-32a 28-21-33a 28-21-34a 28-21-35a 28-21-40a 28-21-41a 28-21-42a 28-21-43a 28-21-44a 28-21-50a 28-21-51a 28-21-52a 28-21-53a 28-21-54a 28-21-55a 28-21-56a 28-21-57a 28-21-58a 28-21-59a 28-21-60a 28-21-61a 28-21-62a 28-21-63 28-21-64 28-21-70a 28-21-71a 28-21-72a 28-21-82 through 28-21-85 28-23-4 28-23-9 28-23-10 28-23-20 through 28-23-24 28-23-26 through 28-23-32 28-23-34 through 28-23-36 28-23-41 through 28-23-55 28-23-70 28-23-71 28-23-73 28-23-75 New (T) New New New New Amended Revoked Revoked Amended Amended Amended Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked V. 30, p. 232 V. 29, p. 866 V. 29, p. 867 V. 29, p. 867 V. 29, p. 867, 868 V. 29, p. 1510 V. 29, p. 1511 V. 29, p. 1511 V. 29, p. 1511 V. 29, p. 1511 V. 29, p. 1511 V. 29, p. 725 V. 29, p. 725 V. 29, p. 725 V. 29, p. 725 V. 29, p. 725 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. V. V. V. 29, 29, 29, 29, p. p. p. p. 726 726 726 726
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28-23-78 through 28-23-80 28-31-1 28-31-2 28-31-3 28-31-4 28-31-5 28-31-6 28-31-7 28-31-8 28-31-8b 28-31-9 28-31-10 28-31-12 28-31-13 28-31-14 28-31-15 28-31-16 28-31-100 28-31-100a 28-31-100d 28-31-100e 28-31-100f 28-31-100p 28-31-100q 28-31-100r 28-31-100s 28-31-124 28-31-124a 28-31-124b 28-31-124c 28-31-124d 28-31-124e 28-31-260 28-31-260a 28-31-261 28-31-261a 28-31-262 28-31-262a 28-31-263 28-31-263a 28-31-264 28-31-264a 28-31-265 28-31-265a 28-31-266 28-31-267 28-31-267a 28-31-268 28-31-270 28-31-270a 28-31-273 28-31-279 28-31-279a 28-35-135l 28-35-135t 28-35-135w 28-35-175a 28-35-178b 28-35-178e 28-35-178j 28-35-180b 28-35-181a 28-35-181e 28-35-181j 28-35-181m 28-35-181o 28-35-192b 28-35-192c 28-35-192d 28-35-192e 28-35-192g 28-35-194a 28-35-212a 28-35-216a 28-35-225b 28-35-231c 28-35-242 28-35-264 28-35-334 28-35-346 28-35-411 28-36-30 28-36-31 Revoked Revoked Revoked Revoked Amended Revoked Amended Revoked Revoked Revoked Revoked Amended Amended Amended Revoked Revoked Revoked New New New New New New New New New New New New New New New New New New New New New New New New New New New New New New New New New New New New Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked Amended Amended Amended Amended Amended Revoked Amended Amended Amended Amended Amended New Amended Amended Amended Amended Amended Amended Revoked Revoked V. 29, p. 727 V. 30, p. 414 V. 30, p. 414 V. 30, p. 414 V. 30, p. 414 V. 30, p. 415 V. 30, p. 415 V. 30, p. 415 V. 30, p. 415 V. 30, p. 415 V. 30, p. 415 V. 30, p. 415 V. 30, p. 416 V. 30, p. 417 V. 30, p. 417 V. 30, p. 417 V. 30, p. 417 V. 30, p. 417 V. 30, p. 418 V. 30, p. 418 V. 30, p. 419 V. 30, p. 420 V. 30, p. 420 V. 30, p. 420 V. 30, p. 420 V. 30, p. 421 V. 30, p. 422 V. 30, p. 423 V. 30, p. 423 V. 30, p. 423 V. 30, p. 424 V. 30, p. 424 V. 30, p. 425 V. 30, p. 426 V. 30, p. 426 V. 30, p. 427 V. 30, p. 427 V. 30, p. 427 V. 30, p. 428 V. 30, p. 429 V. 30, p. 429 V. 30, p. 431 V. 30, p. 432 V. 30, p. 433 V. 30, p. 433 V. 30, p. 434 V. 30, p. 434 V. 30, p. 434 V. 30, p. 434 V. 30, p. 435 V. 30, p. 436 V. 30, p. 436 V. 30, p. 437 V. 30, p. 195 V. 30, p. 196 V. 30, p. 197 V. 30, p. 198 V. 30, p. 198 V. 30, p. 200 V. 30, p. 201 V. 30, p. 201 V. 30, p. 203 V. 30, p. 203 V. 30, p. 203 V. 30, p. 204 V. 30, p. 205 V. 30, p. 206 V. 30, p. 206 V. 30, p. 207 V. 30, p. 207 V. 30, p. 207 V. 30, p. 207 V. 30, p. 208 V. 30, p. 209 V. 30, p. 210 V. 30, p. 210 V. 30, p. 210 V. 30, P. 210 V. 30, p. 211 V. 30, p. 212 V. 30, p. 212 V. 29, p. 727 V. 29, p. 727 28-36-70 through 28-36-89 28-36-101 through 28-36-109 28-39-162 28-39-162a 28-39-162b 28-39-162c 28-43-1 through 28-43-11 28-46-1 28-46-2a 28-46-3 through 28-46-22 28-46-27 28-46-28 28-46-29 28-46-29a 28-46-30 28-46-30a 28-46-30b 28-46-31 28-46-33 28-46-34 28-46-35 28-46-40 28-46-41 28-46-44 28-46-45 28-53-1 28-53-2 28-53-4 28-61-1 28-61-2 28-61-3 28-61-4 28-61-5 28-61-8 28-72-1 28-72-1a 28-72-1c 28-72-1d 28-72-1e 28-72-1g 28-72-1h 28-72-1i 28-72-1k 28-72-1l 28-72-1m 28-72-1n 28-72-1o 28-72-1p 28-72-1r 28-72-1s 28-72-1t 28-72-1v 28-72-1x 28-72-2 28-72-3 28-72-4 28-72-4a 28-72-4b 28-72-4c 28-72-5 28-72-6 28-72-6a 28-72-7 28-72-7a 28-72-8 28-72-9 28-72-10 28-72-10a 28-72-11 28-72-12 28-72-13 28-72-14 28-72-15 28-72-16 28-72-17 28-72-18 28-72-18a
Revoked Revoked Revoked Revoked Revoked Revoked Revoked Amended Amended Amended Amended Amended Amended New Amended New New Amended Amended Amended Amended Amended Amended Amended New Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked New New New New New New New New New New New New New New New New New New Amended Amended Amended Amended Revoked Amended Amended Amended New Amended New Amended Amended Amended New Amended Amended Amended Amended Amended Amended Amended Amended Amended
V. 29, p. 727 V. 29, p. 727 V. 29, p. 1777 V. 29, p. 1777 V. 29, p. 1777 V. 29, p. 1777 V. 29, p. 1137 V. 29, p. 1138 V. 29, p. 1138 V. 29, p. 1139-1141 V. 29, p. 1141 V. 29, p. 1141 V. 29, p. 1141 V. 29, p. 1142 V. 29, p. 1142 V. 29, p. 1142 V. 29, p. 1144 V. 29, p. 1144 V. 29, p. 1144 V. 29, p. 1145 V. 29, p. 1145 V. 29, p. 1145 V. 29, p. 1145 V. 29, p. 1145 V. 29, p. 1145 V. 30, p. 463 V. 30, p. 463 V. 30, p. 463 V. 29, p. 419 V. 30, p. 336 V. 30, p. 337 V. 30, p. 337 V. 29, p. 420 V. 29, p. 422 V. 29, p. 357 V. 29, p. 357 V. 29, p. 357 V. 29, p. 358 V. 29, p. 358 V. 29, p. 358 V. 29, p. 358 V. 29, p. 359 V. 29, p. 359 V. 29, p. 359 V. 29, p. 360 V. 29, p. 360 V. 29, p. 360 V. 29, p. 360 V. 29, p. 361 V. 29, p. 361 V. 29, p. 361 V. 29, p. 361 V. 29, p. 361 V. 29, p. 361 V. 29, p. 362 V. 29, p. 362 V. 29, p. 366 V. 29, p. 368 V. 29, p. 368 V. 29, p. 369 V. 29, p. 370 V. 29, p. 371 V. 29, p. 373 V. 29, p. 373 V. 29, p. 374 V. 29, p. 375 V. 29, p. 376 V. 29, p. 377 V. 29, p. 378 V. 29, p. 378 V. 29, p. 379 V. 29, p. 379 V. 29, p. 380 V. 29, p. 380 V. 29, p. 381 V. 29, p. 382 V. 29, p. 383
Vol. 30, No. 18, May 5, 2011
28-72-18b 28-72-18c 28-72-18d 28-72-18e 28-72-19 28-72-20 28-72-21 28-72-22 28-72-51 28-72-52 28-72-53 Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended V. V. V. V. V. V. V. V. V. V. V. 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, p. p. p. p. p. p. p. p. p. p. p. 384 384 385 386 387 387 387 388 388 389 389
Kansas Register
AGENCY 66: BOARD OF TECHNICAL PROFESSIONS Reg. No. 66-8-6 66-10-1 66-12-1 66-14-10 Reg. No. 68-1-1b 68-7-11 68-7-21 68-20-10a 68-20-24 68-20-25 68-20-26 68-20-27 68-21-1 through 68-21-7 68-21-2 Reg. No. 71-5-1 through 71-5-6 71-5-7 through 71-5-13 Reg. No. 74-4-8 74-4-9 74-5-2 74-5-101 74-5-202 74-5-203 74-6-2 74-11-6 74-11-7 74-12-1 74-15-2 Action Amended Amended Amended Amended Action Amended Amended New Amended New (T) New (T) New (T) New (T) New Amended Action Register V. V. V. V. 29, 29, 29, 29, p. p. p. p. 794 794 794 794 82-4-37 82-4-40 82-4-42 82-4-48 82-4-48a 82-4-53 82-4-54 82-4-55 82-4-56a 82-4-57 82-4-58 82-4-62 82-4-63 82-4-65 82-4-77 82-16-1 through 82-16-6 82-17-1 through 82-17-5 Reg. No. 88-24-1 88-28-1 88-28-6 88-30-1 Revoked Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked Amended Amended Amended New New Action Amended Amended Amended Amended
541
V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1451 V. 29, p. 1451 V. 29, p. 1451 V. 29, p. 1452 V. 29, p. 1452 V. 29, p. 1452 V. 29, p. 1453 V. 29, p. 1453 V. 29, p. 1453 V. 29, p. 1453 V. 29, p. 1453 V. 29, p. 1454 V. 29, p. 1598-1601 V. 29, p. 1136, 1137 Register V. 29, p. 1415 V. 30, p. 193 V. 29, p. 408 V. 30, p. 194
AGENCY 68: BOARD OF PHARMACY Register V. 29, p. 465 V. 29, p. 1053 V. 29, p. 465 V. 29, p. 466 V. 30, p. 357 V. 30, p. 357 V. 30, p. 357 V. 30, p. 357 V. 29, p. 1417-1420 V. 30, p. 370 Register
AGENCY 91: DEPARTMENT OF EDUCATION Reg. No. 91-40-1 91-40-27 Reg. No. 92-19-3 92-19-3a 92-19-3b 92-19-3c 92-19-10 92-19-16a 92-19-16b 92-19-40 92-19-42 92-19-49b 92-19-55b 92-19-59 92-19-73 92-24-23 92-51-25a Reg. No. Action Amended Amended Action Revoked New New New Revoked Amended Revoked Revoked Revoked Amended New Amended Amended Amended New Action Register V. 29, p. 1093 V. 29, p. 1098 Register V. 30, p. 280 V. 30, p. 280 V. 30, p. 283 V. 30, p. 285 V. 30, p. 285 V. 30, p. 285 V. 30, p. 286 V. 30, p. 286 V. 30, p. 286 V. 30, p. 286 V. 30, p. 287 V. 30, p. 289 V. 30, p. 289 V. 29, p. 1633 V. 29, p. 1281 Register
AGENCY 82: STATE CORPORATION COMMISSION Reg. No. 82-1-219 82-3-101a 82-3-311a 82-3-1100 through 82-3-1120 82-4-2 82-4-3a 82-4-3d 82-4-3f 82-4-3n 82-4-3o 82-4-6a 82-4-8h 82-4-21 82-4-22 82-4-23 82-4-24a 82-4-26 82-4-26a 82-4-27 82-4-27a 82-4-27c 82-4-27e 82-4-28 82-4-28a 82-4-28b 82-4-30a 82-4-30a 82-4-31 82-4-32 82-4-33 82-4-35 82-4-35a Action Amended New New New Amended Amended Amended Amended New New Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked Revoked Revoked Amended (T) Amended Revoked Amended Amended Amended Amended Register V. 29, p. 1099 V. 29, p. 1508 V. 29, p. 181 V. 29, p. 182-190 V. 29, p. 1443 V. 29, p. 1443 V. 29, p. 1444 V. 29, p. 1390 V. 29, p. 1444 V. 29, p. 1445 V. 29, p. 1446 V. 29, p. 1446 V. 29, p. 1446 V. 29, p. 1446 V. 29, p. 1447 V. 29, p. 1447 V. 29, p. 1447 V. 29, p. 1447 V. 29, p. 1447 V. 29, p. 1448 V. 29, p. 1448 V. 29, p. 1449 V. 29, p. 1449 V. 29, p. 1449 V. 29, p. 1449 V. 29, p. 702 V. 29, p. 1392 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450
AGENCY 94: COURT OF TAX APPEALS 94-2-1 through 94-2-21 94-5-1 through 94-5-25
Revoked New
V. 29, p. 1478, 1479 V. 29, p. 1479-1485
New
V. 29, p. 675, 676
New
V. 29, p. 252-254
AGENCY 99: DEPARTMENT OF AGRICULTUREDIVISION OF WEIGHTS AND MEASURES Reg. No. 99-25-1 99-25-5 99-25-12 Reg. No. 100-11-1 100-29-1 100-49-4 100-55-1 Action Amended Amended New Action Amended Amended Amended Amended Register V. 29, p. 1242 V. 29, p. 1242 V. 29, p. 1242 Register V. V. V. V. 29, 29, 29, 29, p. p. p. p. 650 598 651 704
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100-55-7 100-69-12 100-72-2 100-73-2 Amended New Amended Amended V. V. V. V. 29, 29, 29, 29, p. p. p. p. 651 704 705 598
Kansas Register
AGENCY 111: KANSAS LOTTERY A complete index listing all regulations filed by the Kansas Lottery from 1988 through 2000 can be found in the Vol. 19, No. 52, December 28, 2000 Kansas Register. A list of regulations filed from 2001 through 2003 can be found in the Vol. 22, No. 52, December 25, 2003 Kansas Register. A list of regulations filed from 2004 through 2005 can be found in the Vol. 24, No. 52, December 29, 2005 Kansas Register. A list of regulations filed from 2006 through 2007 can be found in the Vol. 26, No. 52, December 27, 2007 Kansas Register. A list of regulations filed from 2008 through November 2009 can be found in the Vol. 28, No. 53, December 31, 2009 Kansas Register. The following regulations were filed after December 1, 2009: Reg. No. 111-2-30 111-2-230 111-2-231 111-2-232 111-2-233 111-2-234 111-2-235 through 111-2-240 111-2-241 111-2-242 111-2-243 through 111-2-248 111-2-247 111-2-248 111-2-249 through 111-2-252 111-2-249 111-2-253 111-2-254 111-2-255 111-4-2899 through 111-4-2907 111-4-2908 through 111-4-2911 111-4-2911a 111-4-2912 through 111-4-2923 111-4-2924 through 111-4-2930 111-4-2931 through 111-4-2938 111-4-2939 through 111-4-2948 111-4-2949 through 111-4-2984 111-4-2949 through 111-4-2984 111-4-2985 through 111-4-2988 111-4-2989 111-4-2990 111-4-2991 111-4-2992 through 111-4-3011 111-4-3012 through 111-4-3022 111-4-3023 through 111-4-3027 111-4-3028 through 111-4-3031 Action Amended Amended Amended Amended Amended New New New New New Amended Amended New Amended New New Amended New New New New New New New New New New New New New New New New New Register V. V. V. V. V. V. 29, 30, 30, 29, 29, 29, p. p. p. p. p. p. 215 232 233 215 215 746 111-4-3032 through 111-4-3045 111-4-3046 through 111-4-3054 111-5-175 through 111-5-179 111-5-180 through 111-5-194 111-5-181 111-5-184 111-5-186 111-5-194 111-7-243 through 111-7-248 111-9-162 111-9-163 111-9-164 111-9-165 111-9-166 111-9-167 111-9-168 111-9-169 111-9-170 111-15-1 111-15-3 111-201-1 through 111-201-17 111-301-1 through 111-301-6 111-301-7 through 111-301-12 111-301-13 through 111-301-20 111-302-1 through 111-302-6 111-302-4 111-303-1 through 111-303-5 111-304-1 through 111-304-6 111-305-1 through 111-305-6 111-306-1 through 111-306-6 111-306-4 111-306-6 111-307-1 through 111-307-7 111-308-1 through 111-308-7 111-309-1 through 111-309-6 111-310-1 through 111-310-6 111-311-1 through 111-311-7 111-312-1 through 111-312-8 111-312-6 111-312-8
New New New New Amended Amended Amended Amended New New New New New New New New New New Amended Amended New New New New New Amended New New New New Amended Amended New New New New New New Amended Amended
V. 30, p. 249-258 V. 30, p. 358-364 V. 29, p. 157-159 V. 29, p. 222-228 V. 29, p. 1522 V. 29, p. 1523 V. 29, p. 1524 V. 29, p. 1525 V. 30, p. 259, 260 V. 29, p. 229 V. 29, p. 229 V. 29, p. 230 V. 29, p. 769 V. 29, p. 1184 V. 29, p. 1526 V. 29, p. 1526 V. 29, p. 1527 V. 30, p. 261 V. 30, p. 238 V. 30, p. 365 V. 29, p. 73-79 V. 29, p. 79, 80 V. 30, p. 244-248 V. 30, p. 366-368 V. 29, p. 82-86 V. 30, p. 249 V. 29, p. 87-89 V. 29, p. 89-91 V. 29, p. 474, 475 V. 29, p. 1185-1187 V. 29, p.1260 V. 29, p. 1219 V. 29, p. 1189-1191 V. 29, p. 1261-1263 V. 29, p. 1528-1530 V. 29, p. 1530-1532 V. 29, p. 1532-1535 V. 30, p. 239, 240 V. 30, p. 368 V. 30, p. 368
V. 29, p. 1214, 1215 V. 29, p. 1247 V. 29, p. 1247 V. 29, p. 1512, 1513 V. 30, p. 233 V. 30, p. 233 V. 30, p. 233, 234 V. 30, p. 357 V. 30, p. 241 V. 30, p. 241 V. 30, p. 358 V. 29, p. 9-14 V. 29, p. 149-152 V. 29, p. 152 V. 29, p. 153-157 V. 29, p. 216-222 V. 29, p. 467-473 V. 29, p. 569-575 V. 29, p. 746-769 V. 29, p. 746-769 V. 29, p. 1180-1183 V. 29, p. 1216 V. 29, p. 1217 V. 29, p. 1218 V. 29, p. 1248-1259 V. 29, p. 1513-1522 V. 30, p. 234-237 V. 30, p. 241-243
AGENCY 109: BOARD OF EMERGENCY MEDICAL SERVICES Reg. No. 109-1-1a 109-5-1 109-5-1a 109-5-1b 109-5-1d 109-5-1e 109-5-1f 109-5-3 109-5-4 109-5-7a 109-5-7b 109-5-7d 109-6-1 109-6-2 109-8-1 109-10-1a 109-10-1b 109-10-1d 109-10-1e 109-10-1f 109-10-1g 109-10-6 109-10-7 109-11-1 109-11-1a 109-11-3 109-11-3a 109-11-4 109-11-6 109-11-6a 109-15-2 Reg. No. 110-4-1 through 110-4-5 110-21-1 through 110-21-5 Action New (T) Amended (T) New (T) New (T) New (T) New (T) New (T) Amended Revoked New (T) New (T) New (T) Amended Amended Amended (T) New (T) New (T) New (T) New (T) New (T) New (T) Amended (T) New Amended New (T) Amended New (T) Amended Amended New (T) Amended Action Register V. 30, p. 138 V. 30, p. 138 V. 30, p. 139 V. 30, p. 139 V. 30, p. 139 V. 30, p. 139 V. 30, p. 139 V. 29, p. 1282 V. 29, p. 113 V. 30, p. 139 V. 30, p. 140 V. 30, p. 141 V. 29, p. 113 V. 29, p. 113 V. 30, p. 141 V. 30, p. 141 V. 30, p. 142 V. 30, p. 142 V. 30, p. 142 V. 30, p. 142 V. 30, p. 142 V. 30, p. 143 V. 29, p. 113 V. 29, p. 1283 V. 30, p. 143 V. 29, p. 1284 V. 30, p. 144 V. 29, p. 1284 V. 29, p. 1285 V. 30, p. 144 V. 29, p. 1285 Register
Amended New
V. 30, p. 25-27 V. 30, p. 411-413
AGENCY 112: RACING AND GAMING COMMISSION Reg. No. 112-101-6 112-102-8 Action Amended Amended Register V. 30, p. 290 V. 30, p. 290
Vol. 30, No. 18, May 5, 2011
112-103-2 Amended V. 30, p. 291 112-103-4 Amended V. 30, p. 292 112-103-5 Amended V. 30, p. 292 112-103-8 Amended V. 30, p. 292 112-103-15 Amended V. 30, p. 292 112-104-1 Amended V. 30, p. 293 112-104-8 Amended V. 30, p. 294 112-104-13 Amended V. 30, p. 295 112-104-14 Amended V. 30, p. 297 112-104-15 Amended V. 30, p. 297 112-104-16 Amended V. 30, p. 298 112-104-32 Amended V. 30, p. 300 112-105-1 Amended V. 30, p. 301 112-105-2 Amended V. 30, p. 301 112-105-3 Amended V. 30, p. 301 112-106-1 Amended V. 30, p. 301 112-106-2 Amended V. 30, p. 303 112-106-5 Amended V. 30, p. 303 112-106-6 Amended V. 30, p. 304 112-107-3 Amended V. 30, p. 304 112-107-5 Amended V. 30, p. 307 112-107-10 Amended V. 30, p. 308 112-107-21 Amended V. 30, p. 309 112-107-22 Amended V. 30, p. 310 112-108-18 Amended V. 30, p. 311 112-108-36 Amended V. 30, p. 312 112-108-55 Amended V. 30, p. 313 112-110-3 Amended V. 30, p. 313 112-112-1 Amended V. 30, p. 314 112-112-3 Amended V. 30, p. 314 112-112-4 Amended V. 30, p. 314 112-112-7 Amended V. 30, p. 315 112-112-9 Amended V. 30, p. 315 AGENCY 115: DEPARTMENT OF WILDLIFE AND PARKS Reg. No. Action Register 115-2-1 Amended V. 29, p. 1602 115-2-2 Amended V. 30, p. 331
Kansas Register
115-2-3 115-2-3a 115-4-2 115-4-4 115-4-4a 115-4-6 115-4-6b 115-4-11 115-7-1 115-7-8 115-7-9 115-8-1 115-16-5 115-18-7 115-18-20 115-20-7 Amended Amended Amended Amended Amended Amended New Amended Amended Revoked Amended Amended Amended Amended Amended New V. 30, p. 331 V. 29, p. 1603 V. 29, p. 408 V. 29, p. 658 V. 29, p. 659 V. 29, p. 409 V. 30, p. 332 V. 30, p. 332 V. 29, p. 1606 V. 29, p. 1607 V. 29, p. 1607 V. 29, p. 1092 V. 30, p. 334 V. 29, p. 659 V. 29, p. 1608 V. 29, p. 659 AGENCY 123: JUVENILE JUSTICE AUTHORITY Reg. No. 123-2-111 123-2-111 Action New (T) New
543
Register V. 29, p. 1115 V. 29, p. 1415
Vol. 30, No. 18, May 5, 2011
Kansas Register
Vol. 30, No. 19 May 12, 2011 Pages 545-564
In this issue . . .
Page
Kansas Commission on Veterans Affairs Notice of meeting ....................................................................................................................... 546 Kansas Health Policy Authority Notice concerning Medicaid state plan change ............................................................................. 546 Department of AdministrationDivision of Accounts and Reports Public notice............................................................................................................................... 546 Pooled Money Investment Board Notice of investment rates........................................................................................................... 546 Department of AdministrationDivision of Facilities Management Notice of requested landscape architectural services..................................................................... 547 Notice of requested architectural services..................................................................................... 547 Kansas State University Notice of requested architectural services..................................................................................... 547 Secretary of State Notice of corporations forfeited ................................................................................................... 548 Social and Rehabilitation Services Notice of hearing on State Plan Annual Update for Vocational Rehabilitation and Supported Employment Services ............................................................................................. 549 Legislative bills and resolutions introduced April 27-May 4 ........................................................... 550 Kansas Board of Regents Universities Notice to bidders ........................................................................................................................ 551 Department of AdministrationDivision of Purchases Notice to bidders for state purchases ........................................................................................... 551 Department of Revenue Notice of available publications................................................................................................... 552 Department of Health and Environment Retraction of request for comments on lead-based paint hazard control activities .......................... 552 Notice of intent to release request for funds ................................................................................. 552 Notice of hearing on proposed water pollution control permit ...................................................... 553 Notice concerning water pollution control permits/applications .................................................... 554 Kansas Department of Transportation Notice to contractors (revised)..................................................................................................... 556 Criminal Justice Coordinating Council Notices of grant award meetings ................................................................................................. 556 Permanent Administrative Regulations Kansas Insurance Department ..................................................................................................... 556 Office of the Governor Executive Order 11-08, declaring conditional and temporary relief from motor carrier rules and regulations...................................................................................... 557 Index to administrative regulations ................................................................................................ 558
546
State of Kansas
Kansas Register
State of Kansas
Notices

Notice of Meeting The Kansas Commission on Veterans Affairs will meet at 10 a.m. Wednesday, May 18, in the Timmerman Administration Building at the Kansas Veterans Home, 1220 WW II Memorial Drive, Winfield. The public is invited to attend. For more information, call (785) 296-3976. Jack Fowler Executive Director
Doc. No. 039390

Public Notice Under requirements of K.S.A. 2010 Supp. 65-34,117(c), records of the Division of Accounts and Reports show the unobligated balances are $2,904,301.94 in the Underground Petroleum Storage Tank Release Trust Fund and $4,242,504.07 in the Aboveground Petroleum Storage Tank Release Trust Fund at April 30, 2011. Dennis Taylor Secretary of Administration
Doc. No. 039396
State of Kansas
Kansas Health Policy Authority

Public Notice Effective for Medicaid inpatient services on and after July 1, 2011, the Indirect Medical Education (IME) multiplier will be reduced from 1.72 to 1.42. It is anticipated there will be no fiscal impact in FFY 2011 and an all funds impact of $1,035,243 for FFY 2012. A copy of the proposed state plan change, which has additional information, may be obtained from any local SRS office. To send comments or to review comments received, or to obtain additional information, contact Rita Haverkamp, Kansas Health Policy Authority, Room 900N, Landon State Office Building, 900 S.W. Jackson, Topeka, 66612-1220, or e-mail Rita.Haverkamp@khpa.ks.gov. Andy Allison, Ph.D. Executive Director
Doc. No. 039395
State of Kansas

Doc. No. 039389
The Kansas Register (USPS 0662-190) is an official publication of the State of Kansas, published by authority of K.S.A. 75-430. The Kansas Register is published weekly and a cumulative index is published annually by the Kansas Secretary of State. One-year subscriptions are $80 (Kansas residents must include applicable state and local sales tax). Single copies, if available, may be purchased for $2. Periodicals postage paid at Topeka, Kansas. POSTMASTER: Send change of address form to Kansas Register, Secretary of State, 1st Floor, Memorial Hall, 120 S.W. 10th Ave., Topeka, KS 66612-1594. Kansas Secretary of State 2011. Reproduction of the publication in its entirety or for commercial purposes is prohibited without prior permission. Official enactments of the Kansas Legislature and proposed and adopted administrative regulations of state agencies may be reproduced in any form without permission. Hard copy subscription information and current and back issues of the Kansas Register (PDF format) can be found at the following link: http://www.sos.ks.gov/pubs/pubs_kansas_register.asp
Vol. 30, No. 19, May 12, 2011
Notices
State of Kansas
Kansas Register
547

Notice of Requested On-Call Architectural Services Notice is hereby given of the commencement of the selection process for on-call landscape architectural services for small projects for the Division of Facilities Management in Topeka. Services also may be provided for other state agencies statewide. Contracts will be for three years. For more information, contact Randy Riveland at (785) 296-0749. Firms interested in providing these services should be familiar with the requirements of Chapter 9 of the Building Design and Construction Manual at the Web site below. To be considered, one (1) .pdf file and one (1) bound proposal of the following should be provided: State of Kansas Professional Qualifications forms (051-054 inclusive) and information regarding similar projects. State of Kansas Professional Qualifications form 050 for each firm and consultant should be provided at the end. Proposals should be less than 5 MB and follow the current State Building Advisory Commission guidelines in Chapter 4 of the Building Design and Construction Manual at www.da.ks.gov/fp/manual.htm. Planning forms are available to firms at www.da.ks.gov/fp/ or by contacting Phyllis Fast, Division of Facilities Management, Suite 600, Landon State Office Building, 900 S.W. Jackson, Topeka, 66612, (785) 296-5796, Phyllis.Fast@da.ks.gov. Submittals shall be delivered to Phyllis Fast before noon May 27. Marilyn L. Jacobson, Director Division of Facilities Management
Doc. No. 039398
www.da.ks.gov/fp/manual.htm. Planning forms are available to firms at www.da.ks.gov/fp/ or by contacting Phyllis Fast, Division of Facilities Management, Suite 600, Landon State Office Building, 900 S.W. Jackson, Topeka, 66612, (785) 296-5796, Phyllis.Fast@da.ks.gov. Submittals shall be delivered to Phyllis Fast before noon May 27. Marilyn L. Jacobson, Director Division of Facilities Management
Doc. No. 039402
State of Kansas

Notice of Requested Architectural Services Notice is hereby given for the commencement of the selection process for architectural services for improvements to the Bill Snyder Family Stadium at Kansas State University. Improvements to the stadium complex will continue the ongoing initiative of upgrading and enhancing both fan and student athlete experiences and center around the replacement of the existing west side press box and outdated restroom and concession areas. This $60 million phase will include a structure providing a front-door to the athletic complex befitting the success, pride and tradition of the K-State athletics programs. The scope of work will include the following components: Replacement of 1960s era general fan restroom and concessions areas Training Table/Dining Hall Kitchen/commissary facilities Central ticket office Concourse and Hall of Fame Expanded revenue and suite seating areas Modern broadcast, electronic and print media areas Safety and security/ADA upgrades Candidates must demonstrate a record of successful designs for large seating capacity (50,000+) stadiums for Division 1 collegiate and/or professional programs. Knowledge and experience administering multiple construction delivery methods (i.e. traditional, construction manager at risk, etc.) and managing time-sensitive, critical-path projects also are required. A preview/walk-through of the area is scheduled for 10 a.m. May 26 at the Club Level, East Stadium of the Bill Snyder Family Stadium, Kimball Ave., Manhattan. Attendance is mandatory. Responses are due at 2 p.m. June 2 at the K-State Purchasing Office, 21 Anderson Hall, Manhattan, 66506. For additional project program information please visit www.k-state.edu/purchasing/rfq. Project questions may be addressed to Charlie Thomas at (785) 532-7608. Carla Bishop Director of Purchasing
Doc. No. 039401
State of Kansas

Notice of Requested Architectural Services Notice is hereby given of the commencement of the selection process for architectural services to re-roof Anderson Hall at Kansas State University, Manhattan. The roof area is approximately 35,000 sq. ft. and contains both steep-slope shingle roof areas as well as low-slope builtup asphalt roof areas. Design development and 75 percent of construction documents have been completed. Existing documents will need to be reviewed, field verified and completed. The estimated construction cost is $945,000. For additional information, contact David McMullen at (785) 532-1724. To be considered, one (1) .pdf file and one (1) bound proposal of the following should be provided: State of Kansas Professional Qualifications forms (051-054 inclusive) and information regarding similar projects. State of Kansas Professional Qualifications form 050 for each firm and consultant should be provided at the end. Proposals should be less than 5 MB and follow the current State Building Advisory Commission guidelines in Chapter 4 of the Building Design and Construction Manual at
Vol. 30, No. 19, May 12, 2011
548
State of Kansas
Kansas Register
Secretary of State
Notice of Corporations Forfeited In accordance with K.S.A. 17-7510, the articles of incorporation of the following corporations organized under the laws of Kansas and the authority of the following foreign corporations authorized to do business in Kansas were forfeited during the month of April 2011 for failure to timely file an annual report and pay the annual report fee as required by the Kansas general corporation code: Domestic Corporations
A. & L. Barber & Styling, Inc., Hutchinson, KS. Aarons Air Conditioning Service, Inc., Burlingame, KS. Aftermarket Associates, Inc., Overland Park, KS. Air Capital Communications, Inc., Wellington, KS. Air Midwest, Inc., Phoenix, AZ. American Pride, Inc., McPherson, KS. Analytical Management Laboratories, Inc., Stilwell, KS. Appraise It By The Dillon Company, Inc., Manhattan, KS. Arkansas City USBC Womens Bowling Association, Winfield, KS. B & L Sheet Metal, Inc., Cherokee, KS. B. & E., Inc., Kansas City, KS. B.J.B., Inc. of Kansas, Kansas City, KS. Bingo Winners, Inc., Topeka, KS. Bleakley Energy, Inc., Shawnee Mission, KS. Boyd Burns Agency, Inc., Chanute, KS. C & Z, Inc., Ottawa, KS. Carousel Skate Center, Inc., Wichita, KS. Chaparral Feeders, Inc., Tribune, KS. Chateau Builders, Inc., Louisburg, KS. Chiroconsulting, Inc., McPherson, KS. City Security & Safety Inc., Jonesboro, GA. College Boulevard Couriers, Inc., Overland Park, KS. Corona, LLC, Goodland, KS. Country Cuzzins, Inc., Louisburg, KS. Crown Financial Group, L.L.C., Shawnee Mission, KS. D & H Trucking, Inc., Home, KS. Diamonds Auto Care, Inc., Bonner Springs, KS. Don M. Stiles Builders, Inc., Hutchinson, KS. Dreamsource Incorporated, Fairway, KS. Ernie Block Studio, Inc., Lake Quivira, KS. Flint-Stewart Development Company, Prairie Village, KS. Franklin Savings Corporation, Kansas City, MO. From the Heart Unlimited Inc., Kansas City, KS. Fun Time Bingo, Inc., Topeka, KS. G & C, Inc., Eureka, KS. Galichia Group, LLC, Wichita, KS. Gametime Recreation Inc., Lawrence, KS. Gary Nelson Construction Company, Inc., McPherson, KS. Golden Wholesale Hardware, Inc., Lawrence, KS. Greenway Enterprises Group, Inc., Roeland Park, KS. Greg Thomas Masonry, Inc., Salina, KS. Habiger Bros, Inc., Kinsley, KS. IBG Home Improvement Inc., Moline, KS. Innate Enterprises, Inc., Olathe, KS. Inspiration, Inc., Lawrence, KS. Iola Computer Products, Inc., Iola, KS. J. B. Distributing, Inc., Wichita, KS. Jackpot Bingo, Inc., Topeka, KS. James E. Markle & Associates, Inc., Hutchinson, KS. Jet Lag, Inc., Lawrence, KS. Junction City/Ft. Riley USBC BA, Inc., Junction City, KS. K&S Builders, Inc., Ottawa, KS. K-Moco, Inc., Wichita, KS.
Kansas Plumbing, Heating, Cooling Contractors Association, Inc., Wichita, KS. Kansas Silage, Inc., Garden City, KS. Kansas State USBC Youth Inc., Lawrence, KS. Kansas United Corporation, Wichita, KS. Kansas USBC Youth Inc., Lawrence, KS. Kathys General Store, Inc., Holton, KS. Keeling Tractor Co., Inc., Kingman, KS. Kenney Pharmacy, Inc., Overland Park, KS. Koehn Pharmacy Service, Inc., Coldwater, KS. Kraus Machine, Inc., Colwich, KS. Leona Yarbrough Enterprises, Inc., Shawnee Mission, KS. Luckeroth Masonry, Inc., Seneca, KS. Marvins Tow Service, Inc., Edgerton, KS. Maxcap Services, Inc., Oswego, KS. Meadowlane Partners, L.L.C., Leawood, KS. Meier & Co., Inc., Topeka, KS. Midland-Reed, Inc., Lost Springs, KS. Midwest Tool and Supply Company, Inc., Wichita, KS. Minute Shop Management, Inc., Olathe KS. Moonlight Security Inc., Garden City, KS. Murrill Insurance Agency, Inc., Humboldt, KS. Overland Park Real Estate, Inc., Overland Park, KS. Parkway West, Inc., Olathe, KS. Pi Iota Chi Sorority Inc., Wichita, KS. Quail Run Parent Teacher Organization, Incorporated, Lawrence, KS. R & C Cattle, Inc., Fort Collins, CO. R & R Foundry, Inc., Topeka, KS. R. J. Wise Enterprises, Inc., Wesson, MS. Ranson & Company, Inc., Wichita, KS. Richardson Construction, Inc., Stilwell, KS. Right On Construction Co, Inc., Olathe, KS. RLJ Farms, Inc., Troy, KS. Royal Tire Co., Inc., Salina, KS. RSC Electronics, Inc., Wichita, KS. Sightings Church, Great Bend, KS. St. James Place Enterprises, Inc., Wichita, KS. Statesman Resources Inc., Wichita, KS. Superior Investment Company, Inc., Parsons, KS. Swedish Crafts, Inc., Lindsborg, KS. Synchronicity Creative Group, Inc., Overland Park, KS. TCBS Company, Independence, KS. The Bradbury Company of Puerto Rico, Inc., Bayamon, Puerto Rico. The Fredonia Livestock Sale Company, Inc., Edgewood, TX. The National Icon Inc., Lawrence, KS. Tractor 6659, Inc., Kansas City, KS. Tri-State Irrigation, Inc., St. Francis, KS. Utility Consultants, Inc., Wichita, KS. Walker Incorporation, Wellington, KS. White Factory Outlets, Inc., Levant, KS. Wichita Burner Inc., Wichita, KS. Wichita Intramural Soccer Association, Wichita, KS. Window Flair Draperies, Inc., Shawnee, KS. Wright Flight of Meriden, Ks., Inc., Meriden, KS.
Anacomp, Inc., San Diego, CA. Bamaco, Inc., Bunnell, FL. Bremcon KS, LLC, White Bear Lake, MN. Carrillo Architectural Group Inc., Gold River, CA. Cliff Electronic Components, Inc., Topeka, KS. Complete Medical Staffing, L.P., Denver , CO. Conestoga-Rovers & Associates, Inc., Niagara Falls, NY. DMJM Aviation, Inc., Tampa, FL. Election Systems & Software, Inc., Omaha, NE.
Vol. 30, No. 19, May 12, 2011
Corporations Forfeited/Hearing
Kansas Register
549
Enhanced Historic Credit Partners Fund III, LLC, St. Louis, MO. Freedom Graphic Systems, Inc., Milton, WI. Gray Construction, Inc., Lexington, KY. Great Plains Underground Construction, Inc., Blair, NE. Hehr International Inc., Los Angeles, CA. High Flyers Dot Com, LLC, Overland Park, KS. Hudson Construction Company, Chattanooga, TN. IAP World Services, Inc., Cape Canaveral, FL. Industrial Gunite, Inc., Pasadena, TX. Inner-Parish Security Corporation, Hammond, LA. John Donaldson Construction, Inc., Ventura, CA. Kodiak Enterprises, Inc., Fort Wayne, IN. Omni Construction Company, Leawood, KS. Perelman-Carley & Associates, Inc., Omaha, NE. Phil-Mar, Inc., Beaver, OK. Primexx Operating Corporation, Dallas, TX. Telco Billing Inc., Topeka, KS. Terrahealth, Inc., San Antonio, TX. Top Hat Ag, LLC, Benkelman, NE. Trek Resources, Inc., Dallas, TX. Weir Bros., Inc., Dallas, TX. Western Awning Co., Inc., Grandview, MO. Wholesale Trophies Inc., Decatur, AL. Workforce Solution, Inc., Cottonwood Heights, UT.

Doc. No. 039393
State of Kansas

Notice of Hearing Kansas Rehabilitation Services (KRS) invites individuals and organizations interested in employment services for people with disabilities to provide input on its State Plan Annual Update for Vocational Rehabilitation and Supported Employment Services. This update will be effective October 1, 2011. To provide an opportunity for stakeholder input, KRS will conduct a public hearing on this update from 10:30 a.m. to noon Friday, June 3. The hearing will be an interactive Web cast using technology to connect people in 12 Kansas communities. Participants in each location will be able to share their comments or questions, which will be broadcast live to all locations. During the meeting, participants will be asked for their input on several key questions: Are there new or emerging opportunities to collaborate with local organizations to improve employment opportunities for people with disabilities? Are there any gaps where employment-related services for people with disabilities need to be improved or developed? What are the barriers to the development of these services? Are there suggestions on how KRS can improve services and employment outcomes for persons with significant disabilities? Are there populations who are currently unserved or underserved by KRS? Are there suggestions for how KRS could improve access to services for these individuals? Participants also will be asked to comment on the KRS performance related to its strategic goals. The goals are:
Kansans with disabilities will achieve quality, competitive, integrated employment and self-sufficiency. KRS, its consumers, providers and partners will be accountable for the achievement of employment and the effective use of resources. KRS will emphasize the employment potential of students with disabilities and improve the outreach and outcomes for transition-aged students. KRS will emphasize meaningful involvement of people with disabilities, public/private partners, employers and other stakeholders in KRS programs, services and activities. KRS Director Michael Donnelly will originate the Web cast from the Kansas Department of Social and Rehabilitation Services Learning Center, 2nd and MacVicar, Topeka. Participants also may attend the interactive Web cast at any of the following locations: Chanute Lawrence Kansas Room Conference Room 1 SRS Service Center SRS Service Center 1500 W. 7th 1901 Delaware Emporia Manhattan Myers Conference Room Konza Room SRS Service Center SRS Service Center 1701 Wheeler 2709 Amherst Garden City Overland Park Bunker Conference Room Magnolia Conference Room SRS Service Center SRS Service Center 1710 Palace Drive 8915 Lenexa Drive Hays Salina Grey Room Kansas Room SRS Service Center SRS Service Center 3000 Broadway 901 Westchester Hutchinson (South) Topeka Kansas Room Room B SRS Service Center SRS Learning Center 600 Andrew Ave. 2nd and MacVicar Kansas City Wichita Conference Room 1050 Conference Room 3080 SRS Service Center Finney State Office Building 402 State Ave. 230 E. William As of May 20, individuals may review the draft update at the following Web site: http://www.srs.ks.gov/agency/rs/Pages/ RSOutcomesandReports.aspx Individuals who wish to submit written comments may e-mail their comments to peg.spencer@srs.ks.gov. Please submit written comments not later than 5 p.m. June 3. To request a sign language interpreter or other accommodation for the hearing, please e-mail Barbara.Mah@ srs.ks.gov or call (785) 368-7112 or TDD (800) 432-0698 not later than noon May 20. All hearing sites are accessible locations. Robert Siedlecki Secretary of Social and Rehabilitation Services
Doc. No. 039397
Vol. 30, No. 19, May 12, 2011
550
State of Kansas
Kansas Register
Legislature
Legislative Bills
Legislative Bills and Resolutions Introduced The following numbers and titles of bills and resolutions were introduced April 27-May 4 by the 2011 Kansas Legislature. Copies of bills and resolutions are available free of charge from the Legislative Document Room, 58S, State Capitol, 300 S.W. 10th Ave., Topeka, 66612, (785) 296-4096. Full texts of bills, bill tracking and other information may be accessed at www.kslegislature.org. House Bills
HB 2408, AN ACT concerning agritourism; transferring agritourism promotions from the department of commerce to the department of agriculture; amending K.S.A. 2010 Supp.74-50,167 and 74-50,168 and repealing the existing sections; also repealing K.S.A. 2010 Supp. 7450,173, by Committee on Appropriations. HB 2409, AN ACT concerning the issuance of bonds; relating to the national bio and agro defense facility; providing for certain powers, duties and functions for the Kansas development finance authority and the department of administration; amending K.S.A. 2010 Supp. 74-8963 and repealing the existing section, by Committee on Appropriations. HB 2410, AN ACT concerning Kansas racing and gaming commission; relating to meetings and compensation of members; amending K.S.A. 74-8803 and repealing the existing section, by Committee on Appropriations. HB 2411, AN ACT concerning retirement and pensions; relating to the Kansas public employees retirement system; investment standards; prohibited investments, Iran; divestment therefrom, conditions and procedures; indemnification and hold harmless provisions, by Committee on Taxation.

HCR 5027, By Committee on Vision 2020, A CONCURRENT RESOLUTION to build awareness and momentum to establish an alliance to promote solar energy and solar electric cooperatives in Kansas.
House Resolutions
HR 6022, By Representatives Carlin, DeGraaf, Mah and Meier, A RESOLUTION recognizing April as the month of the military child. HR 6023, By Representative D. Gatewood, A RESOLUTION congratulating and commending Columbus Unified High School for being named a 2011 MetLife Foundation-NASSP Breakthrough School. HR 6024, By Committee on Energy and Utilities, A RESOLUTION urging adoption of federal regulations or policies permitting Kansas to regulate the underground storage of natural gas in interstate transportation. HR 6025, By Committee on Energy and Utilities, A RESOLUTION urging the United States Congress to preserve the primacy of the Kansas Corporation Commission to regulate hydraulic fracturing in compliance with state regulations and not to enact any future legislation that would remove this primacy. HR 6026, By Representatives Davis, Burroughs, Phelps, Ballard, Winn and Tietze, A RESOLUTION condemning the remarks of Representative Virgil Peck regarding undocumented immigrants. HR 6027, By Committee on Energy and Utilities, A RESOLUTION urging modifications to the National Broadband Plan for the benefit of rural residents of Kansas. HR 6028, By Representative ONeal, A RESOLUTION congratulating and commending Randy Hearrell. HR 6029, By Representatives Schwartz, Carlin and Mosier, A RESOLUTION congratulating and commending Kansas State University womens basketball program and head coach Deb Patterson.
section 23 of 2011 Senate Bill No. 112, 60-1620, as amended by section 44 of 2011 Senate Bill No. 24, 65-445, as amended by section 2 of 2011 House Bill No. 2035, 65-6703, as amended by section 4 of 2011 House Bill No. 2035 and 65-6721, as amended by section 8 of 2011 House Bill No. 2035 and K.S.A. 2009 Supp. 22-2909, as amended by section 10 of chapter 101 of the 2010 Session Laws of Kansas and K.S.A. 2010 Supp. 8-116a, as amended by section 1 of 2011 House Bill No. 2192, 8-259, 81020, 8-2118, 9-1703, as amended by section 1 of 2011 House Bill No. 2056, 12-1774, 12-17,149, 12-4117, 22-2410, 22-2802, as amended by section 118 of 2011 House Bill No. 2339, 22-3305, 22-3428, 22-3428a, 223437, 38-2258, 38-2373, 40-2,118, as amended by section 6 of 2011 House Bill No. 2030, 60-740, 60-3107, as amended by section 46 of 2011 Senate Bill No. 24, 65-530, 66-2304 and 75-52,127 and sections 52, 189, 194 and 266 of chapter 136 of the 2010 Session Laws of Kansas and section 244 of chapter 136 of the 2010 Session Laws of Kansas, as amended by section 66 of 2011 House Bill No. 2339, section 285 of chapter 136 of the 2010 Session Laws of Kansas, as amended by section 1 of 2011 Senate Substitute for House Bill No. 2008 and section 298 of chapter 136 of the 2010 Session Laws of Kansas, as amended by section 81 of 2011 House Bill No. 2339 and section 36 of 2011 Senate Bill No. 24 and repealing the existing sections; also repealing K.S.A. 19-4804, as amended by section 108 of 2011 House Bill No. 2339, 20-369, as amended by section 109 of 2011 House Bill No. 2339, 22-2307, as amended by section 120 of 2011 House Bill No. 2339, 22-2908, as amended by section 121 of 2011 House Bill No. 2339, 58-2011, as amended by section 24 of 2011 Senate Bill No. 229, 60-1620, as amended by section 218 of 2011 House Bill No. 2339, 65-445, as amended by section 4 of 2011 House Bill No. 2218, 65-6703, as amended by section 247 of 2011 House Bill No. 2339, 65-6721, as amended by section 248 of 2011 House Bill No. 2339 and K.S.A. 2009 Supp. 22-2909, as amended by section 122 of 2011 House Bill No. 2339 and K.S.A. 2010 Supp. 8-116a, as amended by section 85 of 2011 House Bill No. 2339, 8-259a, 8-1020a, 8-2118b, 9-1703, as amended by section 4 of 2011 Senate Bill No. 229, 12-1774c, 12-17,149a, 12-4117a, 21-4603d, as amended by section 1 of 2011 House Bill No. 2118, 22-2410, as amended by section 114 of 2011 House bill No. 2339, 22-2802, as amended by section 2 of 2011 House Bill No. 2118, 22-3305a, 22-3428c, 22-3428d, 223437a, 38-2258a, 38-2373a, 40-2,118, as amended by section 177 of 2011 House Bill No. 2339, 60-740a, 60-1610, as amended by section 8 of 2011 Senate Bill No. 38, 60-1610, as amended by section 217 of 2011 House Bill No. 2339, 60-1629, as amended by section 219 of 2011 House Bill No. 2339, 60-3107, as amended by section 221 of 2011 House Bill No. 2339, 65-504a, 65-530a, 65-1626d, 66-2304, as amended by section 249 of 2011 House Bill No. 2339 and 75-52,127, as amended by section 281 of 2011 House Bill No. 2339 and section 52 of chapter 136 of the 2010 Session Laws of Kansas, as amended by section 21 of 2011 House Bill No. 2339, section 189 of chapter 136 of the 2010 Session Laws of Kansas, as amended by section 51 of 2011 House Bill No. 2339, section 194 of chapter 136 of the 2010 Session Laws of Kansas, as amended by section 54 of 2011 House Bill No. 2339, section 244 of chapter 136 of the 2010 Session Laws of Kansas, as amended by section 3 of 2011 House Bill No. 2118, section 266 of chapter 136 of the 2010 Session Laws of Kansas, as amended by section 72 of 2011 House Bill No. 2339, section 285 of chapter 136 of the 2010 Session Laws of Kansas, as amended by section 77 of 2011 House Bill No. 2339 and section 298 of chapter 136 of the 2010 Session Laws of Kansas, as amended by section 1 of 2011 House Bill No. 2038, by Committee on Ways and Means.
Senate Resolutions
SR 1846, By Senator Longbine, A RESOLUTION congratulating the Olpe High School girls basketball team for winning the State Basketball Championship Class 1A Division I. SR 1847, By Senators Kelly, Abrams, Apple, Bruce, Brungardt, Donovan, Emler, Faust-Goudeau, Francisco, Haley, Hensley, Holland, Huntington, Kelsey, King, Kultala, Longbine, Love, Lynn, Marshall, Masterson, McGinn, Merrick, Morris, Olson, Ostmeyer, Owens, Petersen, Pilcher-Cook, Pyle, Reitz, A. Schmidt, V. Schmidt, Schodorf, Steineger, Taddiken, Teichman, Umbarger, Vratil and Wagle, A RESOLUTION recognizing April as the month of the military child. SR 1848, By Senators King and Longbine, A RESOLUTION congratulating and commending Tyrel Reed. SR 1849, By Senator Holland, A RESOLUTION congratulating Alyssa Morrison for being crowned 2011 Miss Rodeo Kansas. SR 1850, By Senator Hensley, A RESOLUTION declaring April 28, 2011 as Workers Memorial Day in Kansas.
Senate Bills
SB 247, AN ACT reconciling amendments to certain statutes and making certain technical changes related thereto; amending K.S.A. 194804, 20-369, as amended by section 4 of chapter 101 of the 2010 Session Laws of Kansas, 22-2307, as amended by section 8 of chapter 101 of the 2010 Session Laws of Kansas, 22-2908, as amended by section 9 of chapter 101 of the 2010 Session Laws of Kansas, 58-2011, as amended by
Vol. 30, No. 19, May 12, 2011
Legislative Bills/Notices
Kansas Register
551
SR 1851, By Senator Merrick, A RESOLUTION encouraging agency cooperation in the development of 4-H projects in south Johnson County. SR 1852, By Senator Umbarger, A RESOLUTION congratulating and commending Columbus Unified High School for being named a 2011 MetLife Foundation-NASSP Breakthrough School. SR 1853, By Senators Morris, Emler, Hensley and V. Schmidt, A RESOLUTION congratulating and commending Janet L. (Jan) Locke. SR 1854, By Senator Haley, A RESOLUTION recognizing the misuse and abuse of prescription drug medications as a major threat to public health and safety in Kansas and nationwide. SR 1855, By Senator Brungardt, A RESOLUTION recognizing and commending Sheriff Darrell Wilson.
Doc. No. 039394
Purchasing, 1845 Fairmount Ave., Campus Box 12, Wichita, KS 67260-0012.
Doc. No. 038494
State of Kansas

05/24/2001 EVT0000633 05/24/2011 EVT0000636 05/25/2011 EVT0000642 05/25/2011 EVT0000643 05/26/2011 EVT0000644 05/26/2011 EVT0000645 05/27/2011 EVT0000566 05/27/2011 EVT0000635 05/31/2011 EVT0000632 06/07/2011 EVT0000637 Lottery Prizes (TV, Wii, BlackBerry Tablet) Bituminous Mixture, District 2 Radio Tower Lighting System Auto Flagger Assist Device Corrugated Metal Pipe Highway Lighting Maintenance, District 5 Credit Card Acceptance Program Insurance, Statewide Property 2011 AML Emergency Contract Consulting Services
State of Kansas

Emporia State University Bid postings: www.emporia.edu/ busaff/purchasing/vendor-procedures.htm. Additional contact info: phone: 620-341-5145, fax: 620-341-5073, e-mail: thouse@ emporia.edu. Mailing address: Emporia State University, Controllers Office/Purchasing, Campus Box 4021, 1200 Commercial, Emporia, KS 66801. Fort Hays State University Bid postings: www.fhsu.edu/bids. Additional contact info: phone: 785-628-4251, fax: 785-628-4046, e-mail: purchasing@fhsu.edu. Mailing address: Fort Hays State Purchasing Office, 601 Park St., 318 Sheridan Hall, Hays, KS 67601. Kansas State University Bid postings: www.k-state.edu/purchasing/rfq. Additional contact info: phone: 785-532-6214, fax: 785-532-5577, e-mail: kspurch@k-state.edu. Mailing address: Controllers Office/Purchasing, 21 Anderson Hall, Kansas State University, Manhattan, KS 66506. Pittsburg State University Bid postings: www.pittstate.edu/ office/purchasing. Additional contact info: phone: 620-235-4169, fax: 620-235-4166, e-mail: jensch@pittstate.edu. Mailing address: Pittsburg State University, Purchasing Office, 1701 S. Broadway, Pittsburg, KS 66762-7549. University of Kansas Electronic bid postings: http:// www.purchasing.ku.edu/. Paper bid postings and mailing address: KU Purchasing Services, 1246 W. Campus Road, Room 30, Lawrence, KS 66045. Additional contact info: phone: 785864-5800, fax: 785-864-3454, e-mail: purchasing@ku.edu. University of Kansas Medical Center Bid postings: http:// www2.kumc.edu/finance/purchasing/bids.html. Additional contact info: phone: 913-588-1100, fax: 913-588-1102. Mailing address: University of Kansas Medical Center, Purchasing Department, Mail Stop 2034, 3901 Rainbow Blvd., Kansas City, KS 66160. Wichita State University Bid postings: www.wichita.edu/purchasing. Additional contact info: phone: 316-978-3080, fax: 316978-3528. Mailing address: Wichita State University, Office of
05/31/2011 06/01/2011 A-011647 A-011518 Fire Protection Standpipes Hutchinson Correctional Facilities, Hutchinson Plumbing & Gas Valve Modifications Heckert-Wells Hall Pittsburg State University, Pittsburg Reroof Science Hall Breukelman Emporia State University, Emporia Reroof 11th Floor North Wing DSOB Div. of Facilities Management, Topeka Parking Lot 1 Improvements Div. of Facilities Management, Topeka
06/02/2011 06/02/2011 06/02/2011
A-011154 A-011618 A-011700

Doc. No. 039407
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State of Kansas
Kansas Register
State of Kansas
Notices

Retraction of Request for Comments The Kansas Department of Health and Environment published in the April 21, 2011 Kansas Register a Notice to Public of Proposed Action in Flood Plain inviting the public to comment on lead-based paint hazard control activities that will be conducted in residential properties within Sedgwick County. The Kansas Department of Health and Environment has chosen to revise the boundaries of the target area to exclude those areas in the Special Flood Hazard Areas. This notice services as a retraction of the request for public comment. Robert Moser, M.D. Secretary of Health and Environment
Doc. No. 039405

Notice of Intent to Request Release of Funds On or about May 18, 2011, the Kansas Department of Health and Environment will submit a request to the U.S. Department of Housing and Urban Development (HUD) for the release of Lead-Based Paint Hazard Control Grant Program, authorized by Sec. 1011 of the Residential LeadBased Paint Hazard Reduction Act of 1992 (Title X of the Housing and Community Development Act of 1992), Public Law 102-550, and funded through the Consolidated Appropriations Act of 2010, Public Law 111-117, for the following project: Safe At Home Wichita, for the purpose of lead hazard control intervention in housing units within Sedgwick County, the Unified Government of Wyandotte County, the city of Topeka and cities with EBL children throughout the state of Kansas. KDHE will complete 300 risk assessments to identify lead-based paint hazards; perform lead blood testing on children prior to lead hazard control work; complete lead hazard control work, interim controls and hazard abatement on 280 homes; temporarily relocate families during hazard control activities; provide training for lead abatement worker and lead abatement supervisors; and provide training on lead-safe maintenance practices for residents and others working in low-income housing. The program targets families that have incomes of 80 percent of the areas medium income; have a house that was built before 1978; and have a child that lives in the house that is six years of age or younger, or a child that is six years or younger that visits the house at least 10 hours a week. The grant period is 36 months, from March 2011 until February 2014. The major partners are the city of Wichita, the Unified Government of Wyandotte County and the city of Topeka. The Kansas Department of Health and Environment is requesting the release of $3,100,000 of federal assistance, as well as $796,978 in matching contributions. The proposed hazard control activities to be funded under these programs are categorically excluded from the National Environmental Policy Act requirements, but subject to compliance with some of the environmental laws and authorities listed at 24 CFR 58.5. In accordance with 24 CFR 58.5, a tiered review process has been structured, whereby some environmental laws and authorities have been reviewed and studied for the intended target areas listed above. Other applicable environmental laws and authorities will be complied with when individual projects are ripe for review. Specifically, the target areas have been studied and are in compliance with the following laws and authorities that have been established in this Tier 1 review: Floodplain Management, Coastal Barriers Resource Act and Coastal Zone Management Act. In the Tiered 2 review, compliance with the following environmental laws and authorities will take place for proposed projects funded under the programs listed above: Historic Preservation, National Flood Insurance Program requirements, Explosive & Flammable Operations, and toxics/hazardous ma-
State of Kansas
Notice of Available Publications Listed below are all the Private Letter Rulings, Opinion Letters, Final Written Determinations, Revenue Rulings, Memorandums, Property Valuation Division Directives, Q&As, Information Guides and Notices published by the Department of Revenue for April 2011. Copies can be obtained by accessing the Policy Information Library located on the Internet at www.ksrevenue.org or by calling the Office of Policy and Research at (785) 296-3081. Private Letter Rulings
No new publications
Opinion Letters
O-2011-003 Comments on proposed sales tax regulations.

No new publications
Revenue Rulings
No new publications
Notices
No new publications
Memorandums
No new publications

No new publications
Q&As
Drop Shipments
Information Guides
Eye Doctors/Opticians & Optometrists Self-Audit Fact Sheet

Doc. No. 039391
Vol. 30, No. 19, May 12, 2011
Notice/Hearing
Kansas Register
553
terials. Should individual aggregate projects exceed the threshold for categorical exclusion detailed at 24 CFR 58.35(a), an Environmental Assessment will be completed and a separate Finding of No Significant Impact and Request for Release of Funds published. Copies of the compliance documentation worksheet are available at the address below. An Environmental Review Record (ERR) that documents the environmental determinations for this project and more fully describes the tiered review process cited above is on file at Kansas Department of Health and Environment, 1000 S.W. Jackson, Suite 330, Topeka, 66612, and can be examined or copied weekdays (8 a.m. to 5 p.m.). Public Comments Any individual, group, or agency may submit written comments on the ERR to the Kansas Department of Health and Environment, Healthy Homes and Lead Prevention Program, at the address above. All comments received by May 17 will be considered by the Kansas Department of Health and Environment prior to authorizing submission of a Request for Release of Funds and Environmental Certification to HUD. Release of Funds The Kansas Department of Health and Environment certifies to HUD that Robert Moser, M.D., in his official capacity as secretary of the Kansas Department of Health and Environment, consents to accept the jurisdiction of the federal courts if an action is brought to enforce responsibilities in relation to the environmental review process and that these responsibilities have been satisfied. HUDs approval of the certification satisfies its responsibilities under NEPA and related laws and authorities, and allows the Kansas Department of Health and Environment to utilize federal funds and implement the program. Objections to Release of Funds HUD will consider objections to its release of funds and the Kansas Department of Health and Environment certification for a period of 15 days following either the anticipated submission date of May 18, 2011, or HUDs actual receipt of the request only if the objections are on one of the following basis: (a) that the certification was not executed by the certifying officer of the Kansas Department of Health and Environment; (b) the Kansas Department of Health and Environment has omitted a step or failed to make a decision or finding required by HUD regulations at 24 CFR Part 58; (c) the Kansas Department of Health and Environment has committed funds or incurred cost not authorized by 24 CFR Part 58 before approval of a release of funds by HUD; or (d) another federal agency acting pursuant to 40 CFR Part 1504 has submitted a written finding that the project is unsatisfactory from the standpoint of environmental quality. Objections must be prepared and submitted in accordance with the required procedures (24 CFR Part 58), and may be addressed to HUD as follows: Karen Griego-West, Office of Health Homes and Lead Hazard Control Program Environmental Clearance Officer, US. Department of Housing and Urban Development, 611 W. 6th St., Suite
805, Los Angeles, CA 90017. Potential objectors may contact HUD to verify the actual last day of the objection period. Robert Moser, M.D. Secretary of Health and Environment
Doc. No. 039406
State of Kansas

Notice of Hearing The Kansas Department of Health and Environment has prepared a proposed Kansas Water Pollution Control Permit, I-MC48-PO03, for Pennys Concrete, LeLoup Quarry, located near LeLoup. The proposed permit is for a discharge of rock washing and mine dewatering wastewater from a sedimentation pond. This is an existing inactive rock quarry located in the SE/4 of Section 23, Township 16S, Range 20E in Franklin County (additional details are in this weeks water pollution control permit public notice as No. KS-Q-11-036). In conformance with K.A.R. 28-16-61, a public hearing on the proposed permit has been scheduled at 6:30 p.m. Monday, June 13, at the Ottawa City Hall, Room 104, 101 S. Hickory, Ottawa. The hearing will conclude when all persons attending have been given opportunity to present their information. Copies of the permit application, the proposed KDHE permit and other pertinent documents may be viewed at the Bureau of Water or requested by contacting the Kansas Department of Health and Environment, Bureau of Water, Technical Services Section, 1000 S.W. Jackson, Suite 420, Topeka, 66612-1367, (785) 296-5517 or fax (785) 296-0086. Appropriate copying charges will be assessed for each request. Persons wishing to comment on the proposed permit may do so at the public hearing or may submit written statements to the address above by June 13. It is recommended that persons wishing to speak at the public hearing supply the hearing officer with a written copy of the testimony the day of the hearing. Any individual with a disability may request accommodation in order to participate in the public hearing process and may request the proposed permit in an accessible format. Requests for accommodation should be made at least five working days in advance of the hearing by contacting KDHE at the above address. The Secretary of Health and Environment will make a final permit decision after consideration of applicable requirements of state statutes and regulations and of comments received during the public notice and public hearing processes. Robert Moser, M.D. Secretary of Health and Environment
Doc. No. 039399
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State of Kansas
Kansas Register
Notice Concerning Kansas/Federal Water Pollution Control Permits and Applications
Notice
Name and Address Receiving Type of of Applicant Stream Discharge Cherryvale, City of Verdigris River via Treated Domestic 123 W. Main St. Drum Creek Wastewater Cherryvale, KS 67335 Kansas Permit No. M-VE07-OO02 Federal Permit No. KS0094803 Legal Description: SW12, NE14, S7, T32S, R17E, Montgomery County Name and Address Receiving Type of of Applicant Stream Discharge Elk City, City of Elk River Treated Domestic P.O. Box 245 Wastewater Elk City, KS 67344 Kansas Permit No. M-VE14-OO01 Federal Permit No. KS0045969 Legal Description: NW14, SE14, NE14, S6, T32S, R14E, Montgomery County Name and Address Receiving Type of of Applicant Stream Discharge Moline, City of Elk River via Treated Domestic P.O. Box 253 Wildcat Creek Wastewater Moline, KS 67353 Kansas Permit No. M-VE27-OO01 Federal Permit No. KS0027162 Legal Description: NE14, S10, T31S, R10E, Elk County Facility Description: The proposed action is to reissue the existing permits for the operation of the above-referenced existing wastewater treatment facilities. The proposed permits contain limits for biochemical oxygen demand and total suspended solids, as well as monitoring of ammonia, E. coli and pH. Name and Address Receiving Type of of Applicant Stream Discharge Catholic Archdiocese of Tequa Creek via Treated Domestic Kansas City in Kansas East Branch Tequa Wastewater 12615 Parallel Parkway Creek Kansas City, KS 66109 Kansas Permit No. C-MC50-OO01 Federal Permit No. KS0099619 Legal Description: NE14, S34, T18S, R17E, Franklin County Facility Name: Prairie Star Ranch Facility Description: The proposed action is to reissue an existing permit for the operation of an existing wastewater treatment facility. The proposed permit contains limits for biochemical oxygen demand and total suspended solids, as well as monitoring of ammonia, E. coli, total recoverable selenium, water level in third cell and pH. The permit also requires a draw down of facility water level annually. Name and Address Receiving Type of of Applicant Stream Discharge Bayer Construction Rock Creek via Pit Dewatering & Company, Inc. Pleasant Run Creek Stormwater P.O. Box 889 via Hopkins Creek Runoff Manhattan, KS 66505 Kansas Permit No. I-KS66-PO02 Federal Permit No. KS0098086 Legal Description: SW14, S18, T9S, R9E, Pottawatomie County Facility Name: Ebert Quarry Facility Description: This is a limestone quarrying and crushing operation that discharges stormwater runoff and pit water via Outfalls 001 and 002. The proposed permit includes generic water-quality language to protect waters of the state. Name and Address of Applicant Harshman Construction LLC 1648 F P Road Cedar Point, KS 66843 Receiving Type of Stream Discharge Little Osage River Pit Dewatering & via North Fork Stormwater Little Osage River Runoff via Unnamed Tributary Kansas Permit No. I-MC17-PO02 Federal Permit No. KS0100005 Legal Description: E12, S6, T23S, R21E, Anderson County Facility Name: Beckmon Quarry Facility Description: This is a new limestone quarrying and crushing operation with no rock washing. Outfall 001 consists of stormwater runoff and pit dewatering treated by a settling pond before dis-
In accordance with Kansas Administrative Regulations 28-16-57 through 63, 28-18-1 through 15, 28-18a-1 through 32, 28-16-150 through 154, 28-46-7, and the authority vested with the state by the administrator of the U.S. Environmental Protection Agency, various draft water pollution control documents (permits, notices to revoke and reissue, notices to terminate) have been prepared and/or permit applications have been received for discharges to waters of the United States and the state of Kansas for the class of discharges described below. The proposed actions concerning the draft documents are based on staff review, applying the appropriate standards, regulations and effluent limitations of the state of Kansas and the Environmental Protection Agency. The final action will result in a Federal National Pollutant Discharge Elimination System Authorization and/or a Kansas Water Pollution Control permit being issued, subject to certain conditions, revocation and reissuance of the designated permit or termination of the designated permit. Public Notice No. KS-AG-11-080/081 Pending Permits for Confined Feeding Facilities
Name and Address of Applicant Heritage Feeders Sublette Galen Wright 1506 Road 30 Sublette, KS 67877 Legal Receiving Description Water SW/4 & E/2 of Upper Arkansas Section 08 & W/2 of River Basin Section 09, T27S, R32W, Haskell County Kansas Permit No. A-UAHS-C003 Federal Permit No. KS0115033 This is a permit modification and reissuance for an expanding facility for 75,000 head (75,000 animal units) of cattle weighing greater than 700 pounds. Proposed modifications include the construction of approximately 102.9 acres of open lot pens and miscellaneous feedlot area, a sediment basin and an earthen retention control structure (RCS). Modifications also include enlarging RCS 2 and interconnecting RCS 5 and RCS 6. There is no change in the permitted animal units. Name and Address Legal Receiving of Applicant Description Water Osborne Industries SW/4 of Section 14, Solomon River Demonstration Farm T08S, R13W, Basin 1372 C 671 Drive Osborne County Osborne, KS 67473 Kansas Permit No. A-SOOB-S011 This permit is being reissued for an existing facility with a maximum capacity of 2,078 head (831.2 animal units) of swine more than 55 pounds and 1,250 head (125 animal units) of swine 55 pounds or less, for a total of 3,328 head (956.2 animal units) of swine. There is no change in the permitted animal units from the previous permit.
Public Notice No. KS-Q-11-027/036 The requirements of the draft permits public noticed below are pursuant to the Kansas Surface Water Quality Standards, K.A.R. 281628(bf), and Federal Surface Water Criteria:
Vol. 30, No. 19, May 12, 2011
Notice
Kansas Register
Public Notice No. KS-PT-11-002/004
Receiving Stream Type of Discharge
555
charge. The proposed permit includes generic water-quality language to protect waters of the state. Name and Address of Applicant Harshman Construction LLC 1648 F P Road Cedar Point, KS 66843
Duck Creek via Pit Dewatering & Unnamed Tributary Stormwater Runoff Federal Permit No. KS0099554
Kansas Permit No. I-MC41-PO02
Legal Description: NW14, S32, E12, S31, SW14, S29, T17S, R13E, Lyon County Facility Name: Jones/Waugh Quarry Facility Description: This is a limestone quarrying and crushing operation with no rock washing. Outfall 001 consists of stormwater runoff. The proposed permit includes generic water-quality language to protect waters of the state. Name and Address of Applicant Harshman Construction LLC 1648 F P Road Cear Point, KS 66843
14
Receiving Stream Buffalo Creek via West Buffalo Creek via Unnamed Tributary
Type of Discharge Pit Dewatering & Stormwater Runoff
Name and Address Receiving Type of of Applicant Facility Discharge Great Plains Manufacturing, Abilene MWWTP Process Inc. Wastewater 1525 E. North Salina, KS 67401 Kansas Permit No. P-SH01-OO01 Federal Tracking No. KSP000029 Facility Location: 1100 N.W. 8th, Abilene, KS 67410 Facility Description: The proposed action is to reissue an existing pretreatment permit for this facility. This facility manufactures various types of landscape equipment including mowers, tillers, cutters and seeders. Steel parts are welded, phosphated and painted to produce the final product. The conversion coating (phosphating) operation consists of an automatic eight-stage washing system. Wastewater is treated with a chemical precipitation system and discharges via Outfall 003. Outfall 001 and 002 no longer discharge. The proposed permit contains limits for cadmium, chromium, copper, lead, nickel, silver, zinc, total cyanide, total toxic organics and pH, as well as monitoring of effluent flow. The permit limits are pursuant to state and federal pretreatment requirements. Name and Address Receiving Type of of Applicant Facility Discharge Oxwell, Inc. Wellington Process 600 E. 16th St. MWWTP Wastewater Wellington, KS 67152 Kansas Permit No. P-AR92-OO01 Federal Tracking No. KSP000062 Facility Description: The proposed action is to reissue an existing pretreatment permit for this facility. This facility manufactures, tests and overhauls aircraft instruments, helicopter parts, and oil coolers and pumps. This facility performs chemical conversion coating on aluminum parts and discharges the contaminated rinse water. A foundry used to cast lead/kirksite also is operated on-site but does not use water and is considered a dry operation. The proposed permit contains limits for cadmium, chromium, copper, lead, nickel, silver, zinc, total cyanide, total toxic organics and pH, as well as monitoring of effluent flow. The permit limits are pursuant to state and federal pretreatment requirements. Name and Address Receiving Type of of Applicant Facility Discharge Unruh Fab, Inc. Sedgwick MWWTP Process 100 Industrial Drive Wastewater Sedgwick, KS 67135 Kansas Permit No. P-LA15-OO01 Federal Tracking No. KSP000091 Facility Description: The proposed action is to reissue an existing pretreatment permit for this facility. This facility manufactures specialty bodies and trailers for the glass industry and for fire departments and performs conversion coating (iron phosphating) on steel parts prior to painting them. The phosphating solution is sprayed on the parts with a wand system. Outfall 001 consists of the spent washwater when a discharge occurs. However, process wastes are normally sent off-site for treatment and disposal. The proposed permit contains limits for cadmium, chromium, copper, lead, nickel, silver, zinc, total cyanide, total toxic organics and pH, as well as monitoring of effluent flow. The permit limits are pursuant to state and federal pretreatment requirements.
Kansas Permit No. I-VE44-PO01 Facility Name: Pringle Quarry
Legal Description: NW , S19, T26S, R16E, Woodson County Facility Description: This facility is engaged in a limestone quarrying and crushing operation with no washing. Outfall 001 consists of stormwater runoff and pit drainage that is treated by a settling pond before discharge. The proposed permit includes generic water-quality language to protect waters of the state. Name and Address of Applicant Harshman Construction LLC 1648 F P Road Cedar Point, KS 66843 Receiving Stream Marais des Cygnes River via Rock Creek Type of Discharge Pit Dewatering & Stormwater Runoff
Kansas Permit No. I-MC23-PO03 Facility Name: Waverly Quarry
Legal Description: NE14, S25, T18S, R16E, Osage County Facility Description: This is a limestone quarrying and crushing operation with no rock washing. Outfall 001 consists of stormwater runoff and pit drainage treated by a settling pond before discharge. The proposed permit includes generic water-quality language to protect waters of the state. Name and Address of Applicant Pennys Concrete 23400 W. 82nd St. Shawnee, KS 66227 Receiving Stream Type of Discharge
Marais des Cygnes Pit Dewatering & River via Ottawa Stormwater Creek via Walnut Runoff Creek Kansas Permit No. I-MC48-PO03 Federal Permit No. KS0088579 Legal Description: SE14, S23, T16S, R20E, Franklin County Facility Name: LeLoup Quarry Facility Description: This facility is a limestone quarrying and crushing operation, which occasionally washes rock. Outfall 001A1 consists of treated washwater discharged from the final washwater sedimentation pond prior to discharge into the quarrys north sedimentation pond. Outfall 001X1 consists of Outfall 001A1 flow, pit drainage and stormwater runoff. All domestic wastes generated on-site from the office building will be treated by an on-site, nondischarging lagoon, which is regulated by Franklin County. The proposed permit contains limits for total suspended solids. The proposed permit includes generic water-quality language to protect waters of the state.
Persons wishing to comment on the draft documents and/or permit applications must submit their comments in writing to the Kansas Department of Health and Environment if they wish to have the comments considered in the decision-making process. Comments should be submitted to the attention of the Livestock Waste Management Section for agricultural-related draft documents or applications, or to the Technical Services Section for all other permits, at the Kansas Department of Health and Environment, Division of Environment, Bureau of Water, 1000 S.W. Jackson, Suite 420, Topeka, 66612-1367.
(continued)
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Kansas Register
State of Kansas
Notices/Regulations
All comments regarding the draft documents or application notices received on or before June 11 will be considered in the formulation of the final determinations regarding this public notice. Please refer to the appropriate Kansas document number (KS-AG-11-080/081, KS-Q-11027/036, KS-PT-11-002/004) and name of the applicant/ permittee when preparing comments. After review of any comments received during the public notice period, the Secretary of Health and Environment will issue a determination regarding final agency action on each draft document/application. If response to any draft document/application indicates significant public interest, a public hearing may be held in conformance with K.A.R. 28-16-61 (28-46-21 for UIC). All draft documents/applications and the supporting information including any comments received are on file and may be inspected at the offices of the Kansas Department of Health and Environment, Bureau of Water. These documents are available upon request at the copying cost assessed by KDHE. Application information and components of plans and specifications for all new and expanding swine facilities are available on the Internet at http://www.kdheks.gov/feedlots. Division of Environment offices are open from 8 a.m. to 5 p.m. Monday through Friday, excluding holidays. Robert Moser, M.D. Secretary of Health and Environment
Doc. No. 039400
Criminal Justice Coordinating Council

Notice of Grant Award Meeting The Kansas Criminal Justice Coordinating Council will meet at 9 a.m. Friday, June 3, at the office of the Juvenile Justice Authority, training room, 714 S.W. Jackson, Suite 300, Topeka, to determine final grant awards for the Federal Recovery Act Edward Byrne Memorial Justice Assistance Grant (Recovery Act-JAG) Program for SFY 2012. Juliene Maska, Administrator Governors Grants Program
Doc. No. 039408
State of Kansas
Criminal Justice Coordinating Council

Notice of Grant Award Meeting The Kansas Criminal Justice Coordinating Council will meet at 9 a.m. Friday, June 3, at the office of the Juvenile Justice Authority, training room, 714 S.W. Jackson, Suite 300, Topeka, to determine final grant awards for the Federal Edward Byrne Memorial Justice Assistance Grant (JAG) Program for SFY 2012. Juliene Maska, Administrator Governors Grants Program
Doc. No. 039409
State of Kansas
State of Kansas

Permanent Administrative Regulations Article 10.FIREFIGHTERS RELIEF FUND TAX 40-10-16. Firefighters relief act; fund allocation. (a) The annual redetermination allocation shall be calculated using a formula based on the population and the assessed tangible property valuation of the area served by the association that requests redetermination in relation to the population and the assessed tangible property valuation of the state. The assessed tangible property valuation of the area served by the association and the state to be used in the formula shall be as reported by the Kansas department of revenues statistical report of property assessment and taxation for the year during which redetermination is requested. The populations of the area served by the association and the state to be used in the formula shall be those population totals certified by the Kansas secretary of state for the year during which redetermination is requested. (b) The following formula shall be used to calculate a new base allocation percentage for the association that requests redetermination: (1) The assessed tangible property valuation of the area served by the association shall be divided by the assessed tangible property valuation of the state, and the quotient shall be divided by two to form one-half of the new base allocation percentage. (2) The population of the area served by the association shall be divided by the population of the state, and the
Revised Notice to Contractors Sealed proposals for the construction of road and bridge work in the following Kansas county will be received at the Bureau of Construction and Maintenance, KDOT, Topeka, or at the Eisenhower State Office Building, fourth floor west wing, 700 S.W. Harrison, Topeka, until 1 p.m. May 18 and then publicly opened: District One Northeast The following project was deleted from the May 18 Kansas Department of Transportation letting: Johnson46-35 KA234801 I-35 beginning at the Johnson-Miami county line, mile marker 201.9 to mile marker 213; I-35 beginning at mile marker 213 to mile marker 216, pavement patching. (State Funds) The following projects have been added to the May 18 Kansas Department of Transportation letting: Johnson35-46 KA 2346-01 I-35 beginning at the Johnson-Miami county line, mile marker 201.9 to mile marker 213, pavement patching, 3.2 miles. (State Funds) Johnson35-46 KA 2347-01 I-35 beginning at mile marker 213 to mile marker 216, pavement patching, 3.2 miles. (State Funds) Deb Miller Secretary of Transportation
Doc. No. 039404
Vol. 30, No. 19, May 12, 2011
Regulations/Executive Order
Kansas Register
557
quotient shall be divided by two to form the second half of the new base allocation percentage. (3) The sum of the amounts calculated in paragraphs (b)(1) and (2) shall be the new base allocation percentage for the association. (c) The next distribution of firefighters relief funds following a redetermination shall be computed as follows: (1) The new base allocation percentage for each association that was redetermined shall be added to the new base allocation percentage of any associations eligible for the distribution that were new or merged since the last distribution and the prior years allocation percentage for all other active associations. (2) The sum computed in paragraph (c)(1) shall be divided into 100. (3) The quotient computed in paragraph (c)(2) shall be multiplied by each new base allocation percentage for associations that were redetermined, new, or merged in the prior year and each prior years allocation percentage for other associations to receive distributions so that the total of all percentages of associations eligible for the distribution equals 100. (d) The allocation formula prescribed by this regulation shall also be used when distributions are determined for new or merged associations. Any association that has failed to qualify for funds for two consecutive years may resume participation as a new association by submitting the information required by K.A.R. 40-10-2(d) and K.S.A. 40-1706(a), and amendments thereto. (Authorized by K.S.A. 40-1707(g); implementing K.S.A. 2010 Supp. 401706; effective May 27, 2011.) Sandy Praeger Kansas Insurance Commissioner
Doc. No. 039403
State of Kansas

Executive Order 11-08 Conditional and Temporary Relief from Motor Carrier Rules and Regulations WHEREAS, K.S.A. 48-925(b) provides that the Governor may issue orders and proclamations which shall have the force and effect of law under subsection (b) of K.S.A. 48-924; and WHEREAS, on the 6th day of April, 2011, I declared a state of local emergency for Shawnee County, as a result of a train derailment in the Burlington Northern Santa Fe Railroad Yard in Topeka; and, WHEREAS, this disaster has caused or threatens to cause an emergency as defined in 49 C.F.R. 390.5, as adopted by K.A.R. 82-4-3f and which has or threatens to interrupt the delivery of essential services or essential supplies or otherwise immediately threatens physical harm or injury to persons, the public welfare and/or substantial damage to property; and WHEREAS, conditions exists which require the operation of motor carriers and drivers of commercial motor vehicles for the purposes of providing direct assistance to supplement State and local efforts in the restoration of
services and relief in the affected area(s) of the State of Kansas. NOW, THEREFORE, pursuant to the authority vested in me as Governor of the State of Kansas, I hereby declare there is a state of local emergency existing in the abovelisted counties, and as a result, it is necessary to expedite all efforts of restoration of services and relief. In order to accommodate this need and to provide assistance to the citizens of Kansas in this emergency situation, I hereby order the following: 1. This declaration only applies to those motor carriers and persons operating commercial motor vehicles and directly participating in the restoration and relief efforts; and 2. in accordance with Title 49 C.F.R. 390.23, the requirements contained in the Federal Motor Carrier Safety Regulations, Title 49 C.F.R. Parts 390-399 are hereby suspended through the duration of the motor carriers assistance in the disaster relief effort not to exceed a period of five (5) days from the date of the initial declaration unless the order is rescinded or expanded by executive order or concurrent resolution of the legislature; and 3. all other applicable state and federal regulations shall apply to include but not limited to: Title 49 C.F.R. Part 382, Controlled Substances and Alcohol Use and Testing; the Kansas Motor Vehicle Drivers License Act, K.S.A. 8-234 et. seq. and Title 49 C.F.R. Part 383 Commercial Drivers License Standards as adopted by the Kansas Uniform Commercial Drivers License Act, K.S.A. 8-2,125 et. seq., the federal Minimum Levels of Financial Responsibility (insurance requirements) Title 49 C.F.R. Part 387 as adopted by K.A.R. 82-4-3n and state insurance requirements as provided in K.A.R. 82-4-23; and, adherence to the regulations governing the Transportation of Hazardous Materials as provided Title 49 C.F.R. 397 and adopted by K.A.R. 82-4-3k and Parts: 107, 171-173, 177, 178 and 180 as adopted by K.A.R.82-4-20; and 4. the registration and fuel tax permits as enforced by the Kansas Department of Revenue are temporarily suspended; and 5. the licensing, certification and permitting rules and regulations as required by the Kansas Corporation Commission are temporarily suspended; and 6. participating motor carriers must still obtain the requisite over dimension/overweight permits as required by the Kansas Department of Transportation prior to operating; however, the fees associated with these permits are temporarily waived. Additionally, motor carriers and persons participating in restoration and recovery efforts will receive priority service and may operate during low visibility, night, holiday and curfew hours if the carriers and/or driver use clearance lights and/or escort vehicles. This document shall be filed with the Secretary of State as Executive Order No. 11-08 and shall become effective immediately. Dated April 29, 2011. Sam Brownback Governor
Doc. No. 039392
Vol. 30, No. 19, May 12, 2011
558
Kansas Register
4-13-25 4-13-25b through 4-13-25h 4-13-25i 4-13-25j 4-13-25k 4-13-25l 4-13-25m 4-13-30 4-13-33 4-13-62 4-27-1 through 4-27-22 4-28-1 4-28-2 4-28-8 4-28-11 4-28-12 4-28-18 through 4-28-30 Amended Amended Revoked Amended Amended Amended New Amended Amended Amended New Amended Amended Amended Amended Amended New V. 29, p. 1242 V. 29, p. 1243-1245 V. 29, p. 1246 V. 29, p. 1246 V. 29, p. 1246 V. 29, p. 1247 V. 29, p. 1247 V. 29, p. 72 V. 29, p. 73 V. 29, p. 73 V. 29, p. 706-720 V. 29, p. 720 V. 29, p. 720 V. 29, p. 721 V. 29, p. 722 V. 29, p. 722 V. 29, p. 723-725 14-23-2 14-23-5 14-23-8 14-23-10 14-24-1 through 14-24-6 Reg. No. 16-11-1 through 16-11-5 16-11-6 16-11-7 16-11-8
Amended Amended Amended Amended Revoked Action V. V. V. V. 29, 29, 29, 29, p. p. p. p. 1314 1314 1314 1315
V. 29, p. 1813-1815 V. 29, p. 1816 V. 29, p. 1816 V. 29, p. 1816
AGENCY 4: DEPARTMENT OF AGRICULTURE Reg. No. 4-3-47 4-3-47 4-3-48 4-3-50 4-7-213 4-7-716 4-10-1 4-10-1a 4-10-1b 4-10-2a through 4-10-2d 4-10-2e 4-10-2f through 4-10-2k 4-10-4 4-10-4a through 4-10-4f 4-10-5a 4-10-6 4-10-6a 4-10-6b 4-10-7 4-10-10 4-10-15 4-10-16 4-10-17 4-13-2 4-13-3 4-13-9 4-13-14 4-13-16 4-13-17 4-13-18 4-13-20 4-13-21 4-13-22 4-13-23 4-13-24 Action Amended (T) Amended Revoked Amended Amended Amended Amended New New Revoked Amended Revoked Revoked New Amended Revoked New New Amended New Revoked Amended Revoked Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked Amended Amended Register V. 30, p. 25 V. 30, p. 411 V. 30, p. 411 V. 30, p. 411 V. 29, p. 1023 V. 29, p. 1023 V. 29, p. 254 V. 29, p. 255 V. 29, p. 255 V. 29, p. 255 V. 29, p. 255 V. 29, p. 256 V. 29, p. 256 V. 29, p. 256-258 V. 29, p. 258 V. 29, p. 259 V. 29, p. 259 V. 29, p. 259 V. 29, p. 259 V. 29, p. 260 V. 29, p. 260 V. 29, p. 260 V. 29, p. 261 V. 29, p. 69 V. 29, p. 69 V. 29, p. 71 V. 29, p. 71 V. 29, p. 71 V. 29, p. 72 V. 29, p. 72 V. 29, p. 72 V. 29, p. 72 V. 29, p. 72 V. 29, p. 72 V. 29, p. 72
AGENCY 28: DEPARTMENT OF HEALTH AND ENVIRONMENT Reg. No. 28-1-27 28-1-30 28-1-31 28-1-32 28-4-92 28-4-92 28-4-370 through 28-4-379 28-4-503 28-4-505 28-4-514 28-4-520 28-4-521 28-4-1300 through 28-4-1318 28-16-28g 28-19-200a 28-19-202 28-19-325 28-19-350 28-19-517 28-19-645a 28-19-712 28-19-712a through 28-19-712d 28-19-713 28-19-713a through 28-19-713d 28-19-720 28-19-728 Action New New New New Amended (T) Amended Revoked Amended Amended Amended New New New Amended New Amended New Amended Amended New (T) New New New New Amended Revoked Register V. 30, p. 111 V. 30, p. 369 V. 30, p. 370 V. 30, p. 370 V. 29, p. 1348 V. 29, p. 1705 V. 29, p. 1024 V. 29, p. 1662 V. 29, p. 1662 V. 29, p. 1663 V. 29, p. 1663 V. 29, p. 1663 V. 29, p. 1024-1032 V. 29, p. 181 V. 29, p. 1634 V. 29, p. 1509 V. 29, p. 1634 V. 29, p. 1635 V. 29, p. 1510 V. 30, p. 232 V. 29, p. 866 V. 29, p. 867 V. 29, p. 867 V. 29, p. 867, 868 V. 29, p. 1510 V. 29, p. 1511
AGENCY 14: DEPARTMENT OF REVENUE DIVISION OF ALCOHOLIC BEVERAGE CONTROL 14-6-2a Revoked V. 29, p. 1306 14-6-3 Revoked V. 29, p. 1306 14-6-4 Amended V. 29, p. 1306 14-11-1 New V. 29, p. 1307 14-11-4 New V. 29, p. 1307 14-11-5 Amended V. 29, p. 1307 14-11-6 Amended V. 29, p. 1307 14-11-7 Amended V. 29, p. 1307 14-11-9 Amended V. 29, p. 1307 14-11-10a Revoked V. 29, p. 1307 14-11-10b Revoked V. 29, p. 1308 14-11-10d Revoked V. 29, p. 1308 14-11-11 Revoked V. 29, p. 1633 14-11-14 Revoked V. 29, p. 1308 14-11-15 Amended V. 29, p. 1308 14-11-16 Amended V. 29, p. 1308 14-11-22 New V. 29, p. 1633 14-11-23 through 14-11-29 New V. 29, P. 1308-1310 14-11-27 Revoked V. 29, p. 1730 14-16-25 New V. 29, p. 1310 14-19-27 Amended V. 29, p. 1310 14-19-38 New V. 29, p. 1311 14-19-39 New V. 29, p. 1311 14-20-29 Amended V. 29, p. 1311 14-20-40 New V. 29, p. 1312 14-20-41 New V. 29, p. 1312 14-21-12 Amended V. 29, p. 1313 14-21-21 New V. 29, p. 1313 14-21-22 New V. 29, p. 1313
Vol. 30, No. 19, May 12, 2011
28-19-728a through 28-19-728f 28-19-735 28-19-750 28-19-750a 28-21-1 28-21-6 28-21-7 28-21-8 28-21-9 28-21-10 28-21-11 28-21-20a 28-21-21a 28-21-22a 28-21-23a 28-21-24a 28-21-25a 28-21-26a 28-21-27a 28-21-28a 28-21-29a 28-21-30a 28-21-31a 28-21-32a 28-21-33a 28-21-34a 28-21-35a 28-21-40a 28-21-41a 28-21-42a 28-21-43a 28-21-44a 28-21-50a 28-21-51a 28-21-52a 28-21-53a 28-21-54a 28-21-55a 28-21-56a 28-21-57a 28-21-58a 28-21-59a 28-21-60a 28-21-61a 28-21-62a 28-21-63 28-21-64 28-21-70a 28-21-71a 28-21-72a 28-21-82 through 28-21-85 28-23-4 28-23-9 28-23-10 28-23-20 through 28-23-24 28-23-26 through 28-23-32 28-23-34 through 28-23-36 28-23-41 through 28-23-55 28-23-70 28-23-71 28-23-73 28-23-75 28-23-78 through 28-23-80 28-31-1 28-31-2 28-31-3 28-31-4 28-31-5 28-31-6 28-31-7 28-31-8
Kansas Register
28-31-8b 28-31-9 28-31-10 28-31-12 28-31-13 28-31-14 28-31-15 28-31-16 28-31-100 28-31-100a 28-31-100d 28-31-100e 28-31-100f 28-31-100p 28-31-100q 28-31-100r 28-31-100s 28-31-124 28-31-124a 28-31-124b 28-31-124c 28-31-124d 28-31-124e 28-31-260 28-31-260a 28-31-261 28-31-261a 28-31-262 28-31-262a 28-31-263 28-31-263a 28-31-264 28-31-264a 28-31-265 28-31-265a 28-31-266 28-31-267 28-31-267a 28-31-268 28-31-270 28-31-270a 28-31-273 28-31-279 28-31-279a 28-35-135l 28-35-135t 28-35-135w 28-35-175a 28-35-178b 28-35-178e 28-35-178j 28-35-180b 28-35-181a 28-35-181e 28-35-181j 28-35-181m 28-35-181o 28-35-192b 28-35-192c 28-35-192d 28-35-192e 28-35-192g 28-35-194a 28-35-212a 28-35-216a 28-35-225b 28-35-231c 28-35-242 28-35-264 28-35-334 28-35-346 28-35-411 28-36-30 28-36-31 28-36-70 through 28-36-89 28-36-101 through 28-36-109 28-39-162 28-39-162a 28-39-162b 28-39-162c Revoked Revoked Amended Amended Amended Revoked Revoked Revoked New New New New New New New New New New New New New New New New New New New New New New New New New New New New New New New New New New New New Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked Amended Amended Amended Amended Amended Revoked Amended Amended Amended Amended Amended New Amended Amended Amended Amended Amended Amended Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked V. 30, p. 415 V. 30, p. 415 V. 30, p. 415 V. 30, p. 416 V. 30, p. 417 V. 30, p. 417 V. 30, p. 417 V. 30, p. 417 V. 30, p. 417 V. 30, p. 418 V. 30, p. 418 V. 30, p. 419 V. 30, p. 420 V. 30, p. 420 V. 30, p. 420 V. 30, p. 420 V. 30, p. 421 V. 30, p. 422 V. 30, p. 423 V. 30, p. 423 V. 30, p. 423 V. 30, p. 424 V. 30, p. 424 V. 30, p. 425 V. 30, p. 426 V. 30, p. 426 V. 30, p. 427 V. 30, p. 427 V. 30, p. 427 V. 30, p. 428 V. 30, p. 429 V. 30, p. 429 V. 30, p. 431 V. 30, p. 432 V. 30, p. 433 V. 30, p. 433 V. 30, p. 434 V. 30, p. 434 V. 30, p. 434 V. 30, p. 434 V. 30, p. 435 V. 30, p. 436 V. 30, p. 436 V. 30, p. 437 V. 30, p. 195 V. 30, p. 196 V. 30, p. 197 V. 30, p. 198 V. 30, p. 198 V. 30, p. 200 V. 30, p. 201 V. 30, p. 201 V. 30, p. 203 V. 30, p. 203 V. 30, p. 203 V. 30, p. 204 V. 30, p. 205 V. 30, p. 206 V. 30, p. 206 V. 30, p. 207 V. 30, p. 207 V. 30, p. 207 V. 30, p. 207 V. 30, p. 208 V. 30, p. 209 V. 30, p. 210 V. 30, p. 210 V. 30, p. 210 V. 30, P. 210 V. 30, p. 211 V. 30, p. 212 V. 30, p. 212 V. 29, p. 727 V. 29, p. 727 V. 29, p. 727 V. 29, p. 727 V. 29, p. 1777 V. 29, p. 1777 V. 29, p. 1777 V. 29, p. 1777 28-43-1 through 28-43-11 28-46-1 28-46-2a 28-46-3 through 28-46-22 28-46-27 28-46-28 28-46-29 28-46-29a 28-46-30 28-46-30a 28-46-30b 28-46-31 28-46-33 28-46-34 28-46-35 28-46-40 28-46-41 28-46-44 28-46-45 28-53-1 28-53-2 28-53-4 28-61-1 28-61-2 28-61-3 28-61-4 28-61-5 28-61-8 28-72-1 28-72-1a 28-72-1c 28-72-1d 28-72-1e 28-72-1g 28-72-1h 28-72-1i 28-72-1k 28-72-1l 28-72-1m 28-72-1n 28-72-1o 28-72-1p 28-72-1r 28-72-1s 28-72-1t 28-72-1v 28-72-1x 28-72-2 28-72-3 28-72-4 28-72-4a 28-72-4b 28-72-4c 28-72-5 28-72-6 28-72-6a 28-72-7 28-72-7a 28-72-8 28-72-9 28-72-10 28-72-10a 28-72-11 28-72-12 28-72-13 28-72-14 28-72-15 28-72-16 28-72-17 28-72-18 28-72-18a 28-72-18b 28-72-18c 28-72-18d 28-72-18e 28-72-19 28-72-20 28-72-21 28-72-22 Revoked Amended Amended Amended Amended Amended Amended New Amended New New Amended Amended Amended Amended Amended Amended Amended New Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked New New New New New New New New New New New New New New New New New New Amended Amended Amended Amended Revoked Amended Amended Amended New Amended New Amended Amended Amended New Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended
559
Revoked Amended Amended Amended Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Amended Revoked Amended Revoked Revoked
V. 29, p. 1511 V. 29, p. 1511 V. 29, p. 1511 V. 29, p. 1511 V. 29, p. 725 V. 29, p. 725 V. 29, p. 725 V. 29, p. 725 V. 29, p. 725 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. V. V. V. 29, 29, 29, 29, p. p. p. p. 726 726 726 726
V. 29, p. 1137 V. 29, p. 1138 V. 29, p. 1138 V. 29, p. 1139-1141 V. 29, p. 1141 V. 29, p. 1141 V. 29, p. 1141 V. 29, p. 1142 V. 29, p. 1142 V. 29, p. 1142 V. 29, p. 1144 V. 29, p. 1144 V. 29, p. 1144 V. 29, p. 1145 V. 29, p. 1145 V. 29, p. 1145 V. 29, p. 1145 V. 29, p. 1145 V. 29, p. 1145 V. 30, p. 463 V. 30, p. 463 V. 30, p. 463 V. 29, p. 419 V. 30, p. 336 V. 30, p. 337 V. 30, p. 337 V. 29, p. 420 V. 29, p. 422 V. 29, p. 357 V. 29, p. 357 V. 29, p. 357 V. 29, p. 358 V. 29, p. 358 V. 29, p. 358 V. 29, p. 358 V. 29, p. 359 V. 29, p. 359 V. 29, p. 359 V. 29, p. 360 V. 29, p. 360 V. 29, p. 360 V. 29, p. 360 V. 29, p. 361 V. 29, p. 361 V. 29, p. 361 V. 29, p. 361 V. 29, p. 361 V. 29, p. 361 V. 29, p. 362 V. 29, p. 362 V. 29, p. 366 V. 29, p. 368 V. 29, p. 368 V. 29, p. 369 V. 29, p. 370 V. 29, p. 371 V. 29, p. 373 V. 29, p. 373 V. 29, p. 374 V. 29, p. 375 V. 29, p. 376 V. 29, p. 377 V. 29, p. 378 V. 29, p. 378 V. 29, p. 379 V. 29, p. 379 V. 29, p. 380 V. 29, p. 380 V. 29, p. 381 V. 29, p. 382 V. 29, p. 383 V. 29, p. 384 V. 29, p. 384 V. 29, p. 385 V. 29, p. 386 V. 29, p. 387 V. 29, p. 387 V. 29, p. 387 V. 29, p. 388
V. 29, p. 727 V. 30, p. 414 V. 30, p. 414 V. 30, p. 414 V. 30, p. 414 V. 30, p. 415 V. 30, p. 415 V. 30, p. 415 V. 30, p. 415
(continued)
Vol. 30, No. 19, May 12, 2011
560
28-72-51 28-72-52 28-72-53 Amended Amended Amended V. 29, p. 388 V. 29, p. 389 V. 29, p. 389 66-14-10
Kansas Register
Amended Action Amended Amended Amended New Amended New (T) New (T) New (T) New (T) New Amended Action V. 29, p. 794 Register V. 29, p. 465 V. 30, p. 537 V. 29, p. 1053 V. 29, p. 465 V. 30, p. 538 V. 30, p. 357 V. 30, p. 357 V. 30, p. 357 V. 30, p. 357 V. 29, p. 1417-1420 V. 30, p. 370 Register AGENCY 68: BOARD OF PHARMACY Reg. No. 68-1-1b 68-2-22 68-7-11 68-7-21 68-20-10a 68-20-24 68-20-25 68-20-26 68-20-27 68-21-1 through 68-21-7 68-21-2 Reg. No. New V. 29, p. 502-504 71-5-1 through 71-5-6 71-5-7 through 71-5-13 Reg. No. 74-4-8 74-4-9 74-5-2 74-5-101 74-5-202 74-5-203 74-6-2 74-11-6 74-11-7 74-12-1 74-15-2 82-4-54 82-4-55 82-4-56a 82-4-57 82-4-58 82-4-62 82-4-63 82-4-65 82-4-77 82-16-1 through 82-16-6 82-17-1 through 82-17-5 Reg. No. 88-24-1 88-28-1 88-28-6 88-30-1
Amended Amended Amended Amended Amended Revoked Amended Amended Amended New New Action Amended Amended Amended Amended V. 29, p. 1452 V. 29, p. 1452 V. 29, p. 1452 V. 29, p. 1453 V. 29, p. 1453 V. 29, p. 1453 V. 29, p. 1453 V. 29, p. 1453 V. 29, p. 1454 V. 29, p. 1598-1601 V. 29, p. 1136, 1137 Register V. 29, p. 1415 V. 30, p. 193 V. 29, p. 408 V. 30, p. 194
AGENCY 36: DEPARTMENT OF TRANSPORTATION Reg. No. 36-39-2 36-39-2 36-39-4 36-39-4 36-39-6 36-39-6 36-42-1 through 36-42-9 Action Amended (T) Amended Amended (T) Amended Amended (T) Amended Register V. 29, p. 1090 V. 29, p. 1416 V. 29, p. 1091 V. 29, p. 1416 V. 29, p. 1091 V. 29, p. 1416
AGENCY 82: STATE CORPORATION COMMISSION Reg. No. 82-1-219 82-3-101a 82-3-311a 82-3-1100 through 82-3-1120 82-4-2 82-4-3a 82-4-3d 82-4-3f 82-4-3n 82-4-3o 82-4-6a 82-4-8h 82-4-21 82-4-22 82-4-23 82-4-24a 82-4-26 82-4-26a 82-4-27 82-4-27a 82-4-27c 82-4-27e 82-4-28 82-4-28a 82-4-28b 82-4-30a 82-4-30a 82-4-31 82-4-32 82-4-33 82-4-35 82-4-35a 82-4-37 82-4-40 82-4-42 82-4-48 82-4-48a 82-4-53 Action Amended New New New Amended Amended Amended Amended New New Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked Revoked Revoked Amended (T) Amended Revoked Amended Amended Amended Amended Revoked Amended Amended Amended Amended Amended Register V. 29, p. 1099 V. 29, p. 1508 V. 29, p. 181 V. 29, p. 182-190 V. 29, p. 1443 V. 29, p. 1443 V. 29, p. 1444 V. 29, p. 1390 V. 29, p. 1444 V. 29, p. 1445 V. 29, p. 1446 V. 29, p. 1446 V. 29, p. 1446 V. 29, p. 1446 V. 29, p. 1447 V. 29, p. 1447 V. 29, p. 1447 V. 29, p. 1447 V. 29, p. 1447 V. 29, p. 1448 V. 29, p. 1448 V. 29, p. 1449 V. 29, p. 1449 V. 29, p. 1449 V. 29, p. 1449 V. 29, p. 702 V. 29, p. 1392 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1451 V. 29, p. 1451 V. 29, p. 1451
Revoked New
V. 29, p. 1478, 1479 V. 29, p. 1479-1485
New
V. 29, p. 675, 676
New
V. 29, p. 252-254
AGENCY 66: BOARD OF TECHNICAL PROFESSIONS Reg. No. 66-8-6 66-10-1 66-12-1 Action Amended Amended Amended Register V. 29, p. 794 V. 29, p. 794 V. 29, p. 794
Vol. 30, No. 19, May 12, 2011
AGENCY 102: BEHAVIORAL SCIENCES REGULATORY BOARD Reg. No. Action Register 102-2-3 Amended V. 29, p. 340 102-5-3 Amended V. 30, p. 371 AGENCY 105: BOARD OF INDIGENTS DEFENSE SERVICES Reg. No. Action Register 105-4-1 Amended (T) V. 29, p. 1338 105-4-1 Amended V. 29, p. 1506 105-5-2 Amended (T) V. 29, p. 1339 105-5-2 Amended V. 29, p. 1506 105-5-3 Amended (T) V. 29, p. 1339 105-5-3 Amended V. 29, p. 1506 105-5-6 Amended (T) V. 29, p. 1339 105-5-6 Amended V. 29, p. 1506 105-5-7 Amended (T) V. 29, p. 1339 105-5-7 Amended V. 29, p. 1507 105-5-8 Amended (T) V. 29, p. 1340 105-5-8 Amended V. 29, p. 1507 105-11-1 Amended (T) V. 29, p. 1340 105-11-1 Amended V. 29, p. 1507 AGENCY 108: STATE EMPLOYEES HEALTH CARE COMMISSION Reg. No. Action Register 108-1-1 Amended (T) V. 29, p. 1340 108-1-1 Amended V. 30, p. 166 108-1-3 Amended (T) V. 29, p. 1342 108-1-3 Amended V. 30, p. 168 108-1-4 Amended (T) V. 29, p. 1344 108-1-4 Amended V. 30, p. 170 AGENCY 109: BOARD OF EMERGENCY MEDICAL SERVICES Reg. No. Action Register 109-1-1a New (T) V. 30, p. 138 109-5-1 Amended (T) V. 30, p. 138 109-5-1a New (T) V. 30, p. 139 109-5-1b New (T) V. 30, p. 139 109-5-1d New (T) V. 30, p. 139 109-5-1e New (T) V. 30, p. 139 109-5-1f New (T) V. 30, p. 139 109-5-3 Amended V. 29, p. 1282 109-5-4 Revoked V. 29, p. 113 109-5-7a New (T) V. 30, p. 139 109-5-7b New (T) V. 30, p. 140 109-5-7d New (T) V. 30, p. 141 109-6-1 Amended V. 29, p. 113 109-6-2 Amended V. 29, p. 113 109-8-1 Amended (T) V. 30, p. 141 109-10-1a New (T) V. 30, p. 141 109-10-1b New (T) V. 30, p. 142 109-10-1d New (T) V. 30, p. 142 109-10-1e New (T) V. 30, p. 142 109-10-1f New (T) V. 30, p. 142 109-10-1g New (T) V. 30, p. 142 109-10-6 Amended (T) V. 30, p. 143 109-10-7 New V. 29, p. 113 109-11-1 Amended V. 29, p. 1283 109-11-1a New (T) V. 30, p. 143 109-11-3 Amended V. 29, p. 1284 109-11-3a New (T) V. 30, p. 144 109-11-4 Amended V. 29, p. 1284 109-11-6 Amended V. 29, p. 1285 109-11-6a New (T) V. 30, p. 144 109-15-2 Amended V. 29, p. 1285 AGENCY 110: DEPARTMENT OF COMMERCE Reg. No. Action Register 110-4-1 through 110-4-5 Amended V. 30, p. 25-27 110-21-1 through 110-21-5 New V. 30, p. 411-413 AGENCY 111: KANSAS LOTTERY A complete index listing all regulations filed by the Kansas Lottery from 1988 through 2000 can be found in the Vol. 19, No. 52, December 28, 2000 Kansas Register. A list of regulations filed from 2001 through 2003 can be found in the Vol. 22, No. 52, December 25, 2003 Kansas Register. A list of regulations filed from 2004 through 2005 can be found in the Vol. 24, No. 52, December 29, 2005 Kansas Register. A list of regulations filed from 2006 through 2007 can be found in the Vol. 26, No. 52, December 27, 2007 Kansas Register. A list of
Kansas Register
regulations filed from 2008 through November 2009 can be found in the Vol. 28, No. 53, December 31, 2009 Kansas Register. The following regulations were filed after December 1, 2009: Reg. No. 111-2-30 111-2-230 111-2-231 111-2-232 111-2-233 111-2-234 111-2-235 through 111-2-240 111-2-241 111-2-242 111-2-243 through 111-2-248 111-2-247 111-2-248 111-2-249 through 111-2-252 111-2-249 111-2-253 111-2-254 111-2-255 111-4-2899 through 111-4-2907 111-4-2908 through 111-4-2911 111-4-2911a 111-4-2912 through 111-4-2923 111-4-2924 through 111-4-2930 111-4-2931 through 111-4-2938 111-4-2939 through 111-4-2948 111-4-2949 through 111-4-2984 111-4-2949 through 111-4-2984 111-4-2985 through 111-4-2988 111-4-2989 111-4-2990 111-4-2991 111-4-2992 through 111-4-3011 111-4-3012 through 111-4-3022 111-4-3023 through 111-4-3027 111-4-3028 through 111-4-3031 111-4-3032 through 111-4-3045 111-4-3046 through 111-4-3054 111-5-175 through 111-5-179 111-5-180 through 111-5-194 111-5-181 Action Amended Amended Amended Amended Amended New New New New New Amended Amended New Amended New New Amended New New New New New New New New New New New New New New New New New New New New New Amended Register V. V. V. V. V. V. 29, 30, 30, 29, 29, 29, p. p. p. p. p. p. 215 232 233 215 215 746 111-5-184 111-5-186 111-5-194 111-7-243 through 111-7-248 111-9-162 111-9-163 111-9-164 111-9-165 111-9-166 111-9-167 111-9-168 111-9-169 111-9-170 111-15-1 111-15-3 111-201-1 through 111-201-17 111-301-1 through 111-301-6 111-301-7 through 111-301-12 111-301-13 through 111-301-20 111-302-1 through 111-302-6 111-302-4 111-303-1 through 111-303-5 111-304-1 through 111-304-6 111-305-1 through 111-305-6 111-306-1 through 111-306-6 111-306-4 111-306-6 111-307-1 through 111-307-7 111-308-1 through 111-308-7 111-309-1 through 111-309-6 111-310-1 through 111-310-6 111-311-1 through 111-311-7 111-312-1 through 111-312-8 111-312-6 111-312-8 Amended Amended Amended New New New New New New New New New New Amended Amended New New New New New Amended New New New New Amended Amended New New New New New New Amended Amended
561
V. 29, p. 1523 V. 29, p. 1524 V. 29, p. 1525 V. 30, p. 259, 260 V. 29, p. 229 V. 29, p. 229 V. 29, p. 230 V. 29, p. 769 V. 29, p. 1184 V. 29, p. 1526 V. 29, p. 1526 V. 29, p. 1527 V. 30, p. 261 V. 30, p. 238 V. 30, p. 365 V. 29, p. 73-79 V. 29, p. 79, 80 V. 30, p. 244-248 V. 30, p. 366-368 V. 29, p. 82-86 V. 30, p. 249 V. 29, p. 87-89 V. 29, p. 89-91 V. 29, p. 474, 475 V. 29, p. 1185-1187 V. 29, p.1260 V. 29, p. 1219 V. 29, p. 1189-1191 V. 29, p. 1261-1263 V. 29, p. 1528-1530 V. 29, p. 1530-1532 V. 29, p. 1532-1535 V. 30, p. 239, 240 V. 30, p. 368 V. 30, p. 368
V. 29, p. 1214, 1215 V. 29, p. 1247 V. 29, p. 1247 V. 29, p. 1512, 1513 V. 30, p. 233 V. 30, p. 233 V. 30, p. 233, 234 V. 30, p. 357 V. 30, p. 241 V. 30, p. 241 V. 30, p. 358 V. 29, p. 9-14 V. 29, p. 149-152 V. 29, p. 152 V. 29, p. 153-157 V. 29, p. 216-222 V. 29, p. 467-473 V. 29, p. 569-575 V. 29, p. 746-769 V. 29, p. 746-769 V. 29, p. 1180-1183 V. 29, p. 1216 V. 29, p. 1217 V. 29, p. 1218 V. 29, p. 1248-1259 V. 29, p. 1513-1522 V. 30, p. 234-237 V. 30, p. 241-243 V. 30, p. 249-258 V. 30, p. 358-364 V. 29, p. 157-159 V. 29, p. 222-228 V. 29, p. 1522
AGENCY 112: RACING AND GAMING COMMISSION Reg. No. 112-101-6 112-102-8 112-103-2 112-103-4 112-103-5 112-103-8 112-103-15 112-104-1 112-104-8 112-104-13 112-104-14 112-104-15 Action Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Register V. V. V. V. V. V. V. V. V. V. V. V. 30, 30, 30, 30, 30, 30, 30, 30, 30, 30, 30, 30, p. p. p. p. p. p. p. p. p. p. p. p. 290 290 291 292 292 292 292 293 294 295 297 297
(continued)
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112-104-16 112-104-32 112-105-1 112-105-2 112-105-3 112-106-1 112-106-2 112-106-5 112-106-6 112-107-3 112-107-5 112-107-10 112-107-21 112-107-22 112-108-18 112-108-36 112-108-55 112-110-3 112-112-1 112-112-3 112-112-4 112-112-7 112-112-9 Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. 30, 30, 30, 30, 30, 30, 30, 30, 30, 30, 30, 30, 30, 30, 30, 30, 30, 30, 30, 30, 30, 30, 30, p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. 298 300 301 301 301 301 303 303 304 304 307 308 309 310 311 312 313 313 314 314 314 315 315
Kansas Register
115-4-4a 115-4-6 115-4-6b 115-4-11 115-7-1 115-7-8 115-7-9 115-8-1 115-16-5 115-18-7 115-18-20 115-20-7 Amended Amended New Amended Amended Revoked Amended Amended Amended Amended Amended New V. 29, p. 659 V. 29, p. 409 V. 30, p. 332 V. 30, p. 332 V. 29, p. 1606 V. 29, p. 1607 V. 30, p. 536 V. 29, p. 1092 V. 30, p. 334 V. 29, p. 659 V. 29, p. 1608 V. 29, p. 659
AGENCY 123: JUVENILE JUSTICE AUTHORITY Reg. No. Action Register 123-2-111 New (T) V. 29, p. 1115 123-2-111 New V. 29, p. 1415 AGENCY 129: KANSAS HEALTH POLICY AUTHORITY Reg. No. Action Register 129-5-118 Amended V. 29, p. 293 129-5-118a New V. 29, p. 294 129-5-118b Amended V. 29, p. 296 129-10-31 New V. 30, p. 92 AGENCY 130: HOME INSPECTORS REGISTRATION BOARD Reg. No. Action Register 130-1-2 New (T) V. 29, p. 38 130-1-2 New V. 29, p. 567 130-1-3 New (T) V. 29, p. 38 130-1-3 New V. 29, p. 567 130-1-4 Amended V. 29, p. 567 130-3-1 New (T) V. 29, p. 38 130-3-1 New V. 29, p. 568 130-4-1 New (T) V. 29, p. 39 130-4-1 New V. 29, p. 794 130-4-2 New (T) V. 29, p. 39 130-4-2 New V. 29, p. 794 130-5-2 New V. 29, p. 569 AGENCY 131: COMMITTEE ON SURETY BONDS AND INSURANCE Reg. No. Action Register 131-1-1 New V. 30, p. 195
AGENCY 115: DEPARTMENT OF WILDLIFE AND PARKS Reg. No. 115-2-1 115-2-2 115-2-3 115-2-3a 115-4-2 115-4-4 Action Amended Amended Amended Amended Amended Amended Register V. 29, p. 1602 V. 30, p. 331 V. 30, p. 331 V. 29, p. 1603 V. 29, p. 408 V. 29, p. 658
Vol. 30, No. 19, May 12, 2011
Kansas Register
Vol. 30, No. 20 May 19, 2011 Pages 565-626
In this issue . . .
Page
City of Overland Park Notices to bidders ............................................................................................................... 566, 567 Kansas Council on Developmental Disabilities Notice of available grant funding ................................................................................................ 567 Department of AdministrationDivision of Facilities Management Notice of requested architectural services..................................................................................... 567 Pooled Money Investment Board Notice of investment rates........................................................................................................... 568 Kansas State University Notice of requested architectural services..................................................................................... 568 Department of AdministrationDivision of Purchases Notice to bidders for state purchases ........................................................................................... 568 USDANatural Resources Conservation Service Notice of Kansas Technical Committee meeting ........................................................................... 569 Board of Emergency Medical Services Notice of meetings...................................................................................................................... 569 Kansas Board of Regents Universities Notice to bidders ........................................................................................................................ 569 City of Maple Hill Notice of intent to seek private placement of general obligation bonds.......................................... 569 Department of Health and Environment Notice of hearing on proposed administrative regulations ............................................................ 570 Notice concerning water pollution control permits/applications .................................................... 570 Office of the Securities Commissioner Notice of hearing on proposed administrative regulations ............................................................ 572 Legislative bills and resolutions introduced May 5-12 .................................................................... 572 Permanent Administrative Regulations Board of Emergency Medical Services.......................................................................................... 573 New State Laws House Bill 2020, concerning postsecondary educational institutions ............................................. 580 Senate Bill 67, concerning gubernatorial inauguration contributions............................................. 582 House Bill 2076, concerning insurance ........................................................................................ 583 House Bill 2195, concerning municipalities; establishing the organized collection service act ......... 594 House Bill 2104, concerning mental health information; relating to access by law enforcement officers ................................................................................................... 595 Senate Bill 77, concerning the employment security act ............................................................... 596 Index to administrative regulations ................................................................................................ 620
566
Kansas Register
Notice
Notice to Bidders Sealed bids for Signal Controller Procurement (TS1364), KDOT Project No. 46 N-0535-01, will be received by the city of Overland Park, Kansas, at the office of the city clerk, City Hall, 8500 Santa Fe Drive, Overland Park, 66212, until 2 p.m. Tuesday, June 21. At that time all sealed bids will be transferred to the City Council Chamber, City Hall, where they will be publicly opened and read aloud. Any bid received after the designated closing time will be returned unopened. All bids shall be submitted in sealed envelopes addressed to the city clerk of Overland Park, Kansas, and marked Bid For: Signal Controller Procurement. Vendors should read and be fully familiar with all bid documents before submitting a bid. In submitting a bid, the vendor warrants that it has read the bid documents and is fully familiar therewith. Questions regarding the specifications should be referred to Shawn Gotfredson at (913) 895-6183. Copies of bid documents and specifications are on file at the office of the contract specialist, (913) 895-6029. Bids shall be made upon the form provided, in ink or typewritten. No oral, telegraphic, facsimile or telephonic bids or alterations will be considered. Bidders submitting bids on equipment not conforming to the detailed specifications must state variances on the bid form or the specifications where applicable. Bids cannot be altered or changed after they have been received by the city and opened.
The following items must be included in the sealed envelope with the bid: a. Bid b. Signed Documents (KDOT Certifications) Required Contract Provision DBE Contract Goal Certification Noncollusion & History of Debarment Declaration Limitations on Use of Federal Funds for Lobbying Tax Clearance Certificate The city of Overland Park reserves the right to accept or reject any and all bids and to waive any technicalities or irregularities therein. Bids may be modified or withdrawn by written request of the bidder received in the office of the city clerk prior to the time and date for bid opening, provided, however, that no bidder may withdraw its bid for a period of 45 days from the date set for the opening thereof. All bidders agree that rejection shall create no liability on the part of the city because of such rejection. It is understood by all bidders that an unsuccessful bidder has no cause of action against the city for bid preparation costs. The filing of any bid in response to this invitation shall constitute an agreement of the bidder to these conditions. Bid prices shall include delivery of the equipment to the location specified on the bid form. Mary Lou McClanahan Contract Specialist Public Works Department City of Overland Park, Kansas
Doc. No. 039419
Vol. 30, No. 20, May 19, 2011
Notices
State of Kansas
Kansas Register
567
Council on Developmental Disabilities

Notice of Available Grant Funding The Kansas Council on Developmental Disabilities announces the availability of $295,000 in funding for innovative projects in health care, advocacy and employment for individuals with developmental disabilities. Employment project competitions are specific to expansion of Project SEARCH and establishing a small business technical assistance and outreach center. The application deadline is July 1. Copies of the Call for Investment and application may be obtained by e-mail request to smaygm@kcdd.org. To obtain the documents in an alternative format, contact the KCDD office at (785) 296-2608. Jane Rhys, Ph.D. Executive Director
Doc. No. 039414
Tax Clearance Certificate The city of Overland Park reserves the right to accept or reject any and all bids and to waive any technicalities or irregularities therein. Bids may be modified or withdrawn by written request of the bidder received in the office of the city clerk prior to the time and date for bid opening, provided, however, that no bidder may withdraw its bid for a period of 45 days from the date set for the opening thereof. All bidders agree that rejection shall create no liability on the part of the city because of such rejection. It is understood by all bidders that an unsuccessful bidder has no cause of action against the city for bid preparation costs. The filing of any bid in response to this invitation shall constitute an agreement of the bidder to these conditions. Bid prices shall include delivery of the equipment to the location specified on the bid form. Mary Lou McClanahan Contract Specialist Public Works Department City of Overland Park, Kansas
Doc. No. 039420

Notice to Bidders Sealed bids for Pedestrian Countdown Timers Procurement (TS-1366), KDOT Project No. 46 N-0536-01, will be received by the city of Overland Park, Kansas, at the office of the city clerk, City Hall, 8500 Santa Fe Drive, Overland Park, 66212, until 2 p.m. Tuesday, June 21. At that time all sealed bids will be transferred to the City Council Chamber, City Hall, where they will be publicly opened and read aloud. Any bid received after the designated closing time will be returned unopened. All bids shall be submitted in sealed envelopes addressed to the city clerk of Overland Park, Kansas, and marked Bid For: Pedestrian Countdown Timers Procurement. Vendors should read and be fully familiar with all bid documents before submitting a bid. In submitting a bid, the vendor warrants that it has read the bid documents and is fully familiar therewith. Questions regarding the specifications should be referred to Shawn Gotfredson at (913) 895-6183. Copies of bid documents and specifications are on file at the office of the contract specialist, (913) 895-6029. Bids shall be made upon the form provided, in ink or typewritten. No oral, telegraphic, facsimile or telephonic bids or alterations will be considered. Bidders submitting bids on equipment not conforming to the detailed specifications must state variances on the bid form where applicable. Bids cannot be altered or changed after they have been received by the city and opened. The following items must be included in the sealed envelope with the bid: a. Bid b. Signed Documents (KDOT Certifications) Required Contract Provision DBE Contract Goal Certification Noncollusion & History of Debarment Declaration Limitations on Use of Federal Funds for Lobbying
State of Kansas

Notice of Requested Architectural Services Notice is hereby given of the commencement of the selection process for architectural services to replace the locking and intercom systems in Cellhouses A, B, C, D and E at the El Dorado Correctional Facility. Work will include the replacement of the door control system with a touch screen; replacement of the intercom system between the cells, control center and other secure doors; and replacement of programmable logic controllers and relays for both the door and intercom systems. Closed circuit television system will not be part of this project. The project will be completed in phases as funding allows. The estimated construction cost is $1,600,000. For additional information, contact Mike Gaito at (785) 296-0883. To be considered, one (1) .pdf file and one (1) bound proposal of the following should be provided: State of Kansas Professional Qualifications forms (051-054 inclusive) and information regarding similar projects. State of Kansas Professional Qualifications form 050 for each firm and consultant should be provided at the end. Proposals should be less than 5 MB and follow the current State Building Advisory Commission guidelines in Chapter 4 of the Building Design and Construction Manual at www.da.ks.gov/fp/manual.htm. Planning forms are available to firms at www.da.ks.gov/fp/ or by contacting Phyllis Fast, Division of Facilities Management, Suite 600, Landon State Office Building, 900 S.W. Jackson, Topeka, 66612, (785) 296-5796, Phyllis.Fast@da.ks.gov. Submittals shall be delivered to Phyllis Fast before noon June 3. Marilyn L. Jacobson, Director Division of Facilities Management
Doc. No. 039412
Vol. 30, No. 20, May 19, 2011
568
State of Kansas
Kansas Register
Notice of Investment Rates
Notices
The following rates are published in accordance with K.S.A. 75-4210. These rates and their uses are defined in K.S.A. 2010 Supp. 12-1675(b)(c)(d) and K.S.A. 2010 Supp. 12-1675a(g). Effective 5-16-11 through 5-22-11 Term Rate 1-89 days 0.09% 3 months 0.02% 6 months 0.08% 1 year 0.21% 18 months 0.35% 2 years 0.52% Scott Miller Interim Director of Investments
Doc. No. 039410
For additional project program information please visit www.k-state.edu/purchasing/rfq. Project questions may be addressed to Charlie Thomas at (785) 532-7608. Carla Bishop Director of Purchasing
Doc. No. 039429
State of Kansas

05/31/2001 05/31/2011 05/31/2011 06/01/2011 06/04/2011 06/01/2011 06/01/2011 06/01/2011 06/06/2011 Pastoral Clinical Services Earthwork Operations Sandhills Water Softener Salt Truck With Utility Body Pavement Repair, Cedar Crest Conveyor Belt, Portable Asphalt Overlay Washington Asphalt Overlay Ellsworth UPS Units Norton & Garden City 06/07/2011 EVT0000640 Operator Services 06/09/2011 EVT0000655 Laboratory Information Management System (LIMS) 06/22/2011 EVT0000660 Electronic Verification and Monitoring System EVT0000649 EVT0000661 EVT0000665 EVT0000650 EVT0000651 EVT0000653 EVT0000656 EVT0000657 EVT0000664
State of Kansas

Notice of Requested Architectural Services Notice is hereby given for the commencement of the selection process for architectural services for improvements to the Bill Snyder Family Stadium at Kansas State University. Improvements to the stadium complex will continue the ongoing initiative of upgrading and enhancing both fan and student athlete experiences and center around the replacement of the existing west side press box and outdated restroom and concession areas. This $60 million phase will include a structure providing a front-door to the athletic complex befitting the success, pride and tradition of the K-State athletics programs. The scope of work will include the following components: Replacement of 1960s era general fan restroom and concessions areas Training Table/Dining Hall Kitchen/commissary facilities Central ticket office Concourse and Hall of Fame Expanded revenue and suite seating areas Modern broadcast, electronic and print media areas Safety and security/ADA upgrades Candidates must demonstrate a record of successful designs for large seating capacity (50,000+) stadiums for Division 1 collegiate and/or professional programs. Knowledge and experience administering multiple construction delivery methods (i.e. traditional, construction manager at risk, etc.) and managing time-sensitive, critical-path projects also are required. A preview/walk-through of the area is scheduled for 10 a.m. May 26 at the Club Level, East Stadium of the Bill Snyder Family Stadium, Kimball Ave., Manhattan. Attendance is mandatory. Responses are due at 2 p.m. June 2 at the K-State Purchasing Office, 21 Anderson Hall, Manhattan, 66506.
06/07/2011 Roof Replacement Willard Hall Kansas State University, Manhattan 06/08/2011 A-011563 Sidewalk Replacement and Waterproofing LSOB Dept. of Administration, Div. of Facilities Management, Topeka 06/08/2011 A-011718 Tuck-point Dock Retaining Wall DSOB Dept. of Administration, Div. of Facilities Management, Topeka 06/09/2011 A-011521 Masonry Restoration and Re-roof Hartman Hall Pittsburg State University, Pittsburg A-011677

Doc. No. 039428
Vol. 30, No. 20, May 19, 2011
Meetings/Notices
Kansas Register
569

Notice of Kansas Technical Committee Meeting The Kansas Technical Committee will meet at 9 a.m. Thursday, June 9, by teleconference. The agenda will cover Conservation Innovation Grants. To obtain call-in numbers or request special needs, contact Rosie Collins by June 7 at (785) 823-4566 or rosie.collins@ks.usda.gov. Other agenda items may be provided by May 27 to Gaye L. Benfer, Assistant State Conservationist for Programs, NRCS, Salina, at (785) 823-4569 or gaye.benfer@ ks.usda.gov. NRCS is an equal opportunity provider and employer. Eric B. Banks State Conservationist
Doc. No. 039416
trollers Office/Purchasing, Campus Box 4021, 1200 Commercial, Emporia, KS 66801. Fort Hays State University Bid postings: www.fhsu.edu/bids. Additional contact info: phone: 785-628-4251, fax: 785-628-4046, e-mail: purchasing@fhsu.edu. Mailing address: Fort Hays State Purchasing Office, 601 Park St., 318 Sheridan Hall, Hays, KS 67601. Kansas State University Bid postings: www.k-state.edu/purchasing/rfq. Additional contact info: phone: 785-532-6214, fax: 785-532-5577, e-mail: kspurch@k-state.edu. Mailing address: Controllers Office/Purchasing, 21 Anderson Hall, Kansas State University, Manhattan, KS 66506. Pittsburg State University Bid postings: www.pittstate.edu/ office/purchasing. Additional contact info: phone: 620-235-4169, fax: 620-235-4166, e-mail: jensch@pittstate.edu. Mailing address: Pittsburg State University, Purchasing Office, 1701 S. Broadway, Pittsburg, KS 66762-7549. University of Kansas Electronic bid postings: http:// www.purchasing.ku.edu/. Paper bid postings and mailing address: KU Purchasing Services, 1246 W. Campus Road, Room 30, Lawrence, KS 66045. Additional contact info: phone: 785864-5800, fax: 785-864-3454, e-mail: purchasing@ku.edu. University of Kansas Medical Center Bid postings: http:// www2.kumc.edu/finance/purchasing/bids.html. Additional contact info: phone: 913-588-1100, fax: 913-588-1102. Mailing address: University of Kansas Medical Center, Purchasing Department, Mail Stop 2034, 3901 Rainbow Blvd., Kansas City, KS 66160. Wichita State University Bid postings: www.wichita.edu/purchasing. Additional contact info: phone: 316-978-3080, fax: 316978-3528. Mailing address: Wichita State University, Office of Purchasing, 1845 Fairmount Ave., Campus Box 12, Wichita, KS 67260-0012.
State of Kansas

Notice of Meetings The Board of Emergency Medical Services will meet at 9 a.m. Friday, June 3, in Room 106 of the Landon State Office Building, 900 S.W. Jackson, Topeka. Meetings for the Planning and Operations Committee, the Education, Examination, Certification and Training Committee, the Executive Committee and the Investigations Committee will be held beginning at 9 a.m. Thursday, June 2, at the same location. Items on the agenda for the board meeting can be found on the boards Web site at http:// www.ksbems.org. All meetings of the board are open to the public. For more information, contact the executive director, Room 1031, Landon State Office Building, 900 S.W. Jackson, Topeka, 66612-1228, (785) 296-7296. Steven Sutton Executive Director
Doc. No. 039421
Doc. No. 038494
City of Maple Hill, Kansas

Notice of Intent to Seek Private Placement General Obligation Bonds, Series 2011 Notice is hereby given that the city of Maple Hill, Kansas (the issuer), proposes to seek a private placement of the above-referenced bonds. The maximum aggregate principal amount of the bonds shall not exceed $500,000. The proposed sale of the bonds is in all respects subject to approval of a bond purchase agreement between the issuer and the purchaser of the bonds and the passage of an ordinance and adoption of a resolution by the governing body of the issuer authorizing the issuance of the bonds and the execution of various documents necessary to deliver the bonds. Dated May 9, 2011. Lynn Hoobler City Clerk
Doc. No. 039417
State of Kansas

Emporia State University Bid postings: www.emporia.edu/ busaff/purchasing/vendor-procedures.htm. Additional contact info: phone: 620-341-5145, fax: 620-341-5073, e-mail: thouse@ emporia.edu. Mailing address: Emporia State University, Con-
Vol. 30, No. 20, May 19, 2011
570
State of Kansas
Kansas Register
Hearing/Notice
The Kansas Department of Health and Environment, Division of Health, Bureau of Child Care and Health Facilities, will conduct a public hearing at 9:30 a.m. Wednesday, July 27, in the Santa Fe Trail Conference Room, Suite 200, Curtis State Office Building, 1000 S.W. Jackson, Topeka, to consider the adoption of proposed amended regulation K.A.R. 28-38-18, concerning licensure of adult care home administrators. At 10:30 a.m. Wednesday, July 27, at the same location, the Kansas Department of Health and Environment, Division of Health, Bureau of Child Care and Health Facilities, will conduct a public hearing to consider the adoption of proposed amended regulations K.A.R. 28-39-169a, 28-39-169b, and 28-39-169c, concerning certified medication aides. A summary of the proposed regulations and the estimated economic impact follows: Summary of Regulation Related to Licensure of Adult Care Home Administrators: K.A.R. 28-38-18. Establishes a time frame within which candidates for licensure may take the national licensure examination; imposes criteria for candidates who fail the national examination that must be met in order to retake the national examination; updates the name of the national examination agency; updates statutory references; and includes minor language clarification. Summary of Regulations Related to Certification of Medication Aides: K.A.R. 28-39-169a. Adopts the revised medication aide curriculum; adopts the revised Certified Medication Aide Sponsor and Instructor Manual; updates statutory references; and includes minor language clarification. K.A.R. 28-39-169b. Adopts the revised state test for certification as a medication aide; changes the pass score for the certified medication aide test; updates statutory references; and includes minor language clarification. K.A.R. 28-39-169c. Updates language related to administration of medications; updates statutory references; and includes minor language clarification. Economic Impact: Amendments to K.A.R. 28-38-18, related to the licensure of adult care home administrators: There may be costs to the applicants in seeking additional education and/or training in order to qualify to apply to take the national examination subsequent to three failed attempts to pass the examination. Such costs would be dependent on the applicants choice of additional education and/or training. Amendments to K.A.R. 28-39-169a, 28-39-169b and 2839-169c, related to the certification of medication aides: These amendments will have no economic impact to the agency, other government agencies or units, or to persons who will be affected by the changes. There will be no increased fees or costs to the medication aide candidates.
The time period between the publication of this notice and the scheduled hearing constitutes a 60-day public comment period for the purpose of receiving written public comments on the proposed amended regulations. At any time during the public comment period, interested parties may submit written comments to Marla Rhoden, Director of Health Occupations Credentialing, KDHE, Suite 200, Curtis State Office Building, 1000 S.W. Jackson, Topeka, 66612-1365, by fax to (785) 296-3075, or by e-mail to mrhoden@kdheks.gov. All interested parties will be given a reasonable opportunity to present their views orally on the proposed regulations during the hearing. To give all parties an opportunity to present their views, it may be necessary to require each participant to limit any oral presentation to five minutes. Complete copies of the proposed regulations and the corresponding economic impact statement may be accessed on the Health Occupations Credentialing Web site at www.kdheks.gov/hoc or obtained by contacting Marla Rhoden at the contact information above or by calling (785) 296-1281. Questions regarding the proposed regulations should be directed to Marla Rhoden. Any individual with a disability may request accommodation in order to participate in the public hearing and may request the proposed regulations and economic impact statement in an accessible format. Requests for accommodation should be made at least five working days in advance of the hearing by contacting Marla Rhoden. Robert Moser, M.D. Secretary of Health and Environment
Doc. No. 039427
State of Kansas

Vol. 30, No. 20, May 19, 2011
Notice
Kansas Register
571
Name and Address Legal Receiving of Applicant Description Water Jeffrey A. Kramer NW/4 of Section 23, Lower Republican P.O. Box 170 T04S, R01E, River Basin Seneca, KS 66538 Washington County Kansas Permit No. A-LRWS-S030 This permit is being reissued for an existing facility with a maximum capacity of 2,400 head (960 animal units) of swine 55 pounds or more. There is no change in the permitted animal units from the previous permit. Name and Address Legal Receiving of Applicant Description Water Joseph A. Kramer SE/4 of Section 16, Big Blue River P.O. Box 170 T03S, R04E, Basin Seneca, KS 66538 Washington County Kansas Permit No. A-BBWS-S055 This permit is being reissued for an existing facility with a maximum capacity of 2,400 head (960 animal units) of swine 55 pounds or more. There is no change in the permitted animal units from the previous permit.
Facility Description: The proposed action consists of modifying an existing Kansas/NPDES Water Pollution Control Permit for an existing facility. The modifications consist of construction of interim and modification of existing wastewater collection and treatment systems necessary for pond closure and for replacement of the groundwater treatment system. This permit modification also relocates Outfall 001X1 and Outfall 003X1. A required to variance has been requested and granted. The proposed approach is superior to installation of a plastic liner as it allows/provides for cleanup of lagoon soils/groundwater for remediation of site while still protecting stream quality through the wetlands. There are no changes in monitoring requirements. Contained in the permit is a schedule of compliance covering the final closure date for the lagoon system. All other schedule of compliance items contained in the original permit have been completed.
Public Notice No. KS-Q-11-027/030 The requirements of the draft permits public noticed below are pursuant to the Kansas Surface Water Quality Standards, K.A.R. 28-16-28(b-f), and Federal Surface Water Criteria:
Name and Address Receiving Type of of Applicant Stream Discharge Buffalo, City of Buffalo Creek Treated Domestic P.O. Box 88 Wastewater Buffalo, KS 66717 Kansas Permit No. M-VE03-OO02 Federal Permit No. KS0094722 Legal Description: NE14, SE14, NE14, S12, T27S, R15E, Wilson County Name and Address Receiving Type of of Applicant Stream Discharge Hamilton, City of Onion Creek via Treated Domestic P.O. Box 58 Unnamed Tributary Wastewater Hamilton, KS 66853 Kansas Permit No. M-VE20-OO11 Federal Permit No. KS0046001 Legal Description: SE14, SW14, NW14, S1, T24S, R11E, Greenwood County Name and Address Receiving Type of of Applicant Stream Discharge Tribune, City of White Woman Treated Domestic P.O. Box 577 Creek Wastewater Tribune, KS 67879 Kansas Permit No. M-UA41-OO01 Federal Permit No. KS0085642 Legal Description: SW14, NE14, NW14 and NW14, SE14, NW14, S21, T18S, R40W, Greeley County Facility Description: The proposed action is to reissue the existing permits for the operation of the above referenced existing wastewater treatment facilities. The proposed permits contain limits for biochemical oxygen demand and total suspended solids, as well as monitoring of ammonia, E. coli and pH. Name and Address Receiving Type of of Applicant Stream Discharge El Paso Merchant EnergyWest Branch Process Petroleum Co Walnut River Wastewater 2 N. Nevada Ave. Colorado Springs, CO 80903 Kansas Permit No. I-WA09-PO01 Federal Permit No. KS0000205 Legal Description: SW14, S26, T25S, R5E, Butler County Facility Name: El Dorado Facility
Persons wishing to comment on the draft documents and/or permit applications must submit their comments in writing to the Kansas Department of Health and Environment if they wish to have the comments considered in the decision-making process. Comments should be submitted to the attention of the Livestock Waste Management Section for agricultural-related draft documents or applications, or to the Technical Services Section for all other permits, at the Kansas Department of Health and Environment, Division of Environment, Bureau of Water, 1000 S.W. Jackson, Suite 420, Topeka, 66612-1367. All comments regarding the draft documents or application notices received on or before June 18 will be considered in the formulation of the final determinations regarding this public notice. Please refer to the appropriate Kansas document number (KS-AG-11-082/083, KS-Q-11027/030) and name of the applicant/permittee when preparing comments. After review of any comments received during the public notice period, the Secretary of Health and Environment will issue a determination regarding final agency action on each draft document/application. If response to any draft document/application indicates significant public interest, a public hearing may be held in conformance with K.A.R. 28-16-61 (28-46-21 for UIC). All draft documents/applications and the supporting information including any comments received are on file and may be inspected at the offices of the Kansas Department of Health and Environment, Bureau of Water. These documents are available upon request at the copying cost assessed by KDHE. Application information and components of plans and specifications for all new and expanding swine facilities are available on the Internet at http://www.kdheks.gov/feedlots. Division of Environment offices are open from 8 a.m. to 5 p.m. Monday through Friday, excluding holidays. Robert Moser, M.D. Secretary of Health and Environment
Doc. No. 039418
Vol. 30, No. 20, May 19, 2011
572
State of Kansas
Kansas Register
Office of the Securities Commissioner
Hearing/Legislative Bills
A public hearing will be conducted at 10 a.m. Tuesday, July 19, at the Office of the Securities Commissioner, 109 S.W. 9th, Suite 600, Topeka, to consider the adoption of K.A.R. 81-5-21 and the amendment of K.A.R. 81-2-1. The regulations are proposed for adoption on a permanent basis. Before a security may be offered or sold in Kansas, it must be registered with the Office of the Securities Commissioner or qualify for an exemption from registration. Proposed K.A.R. 81-5-21 creates a new exemption that allows a Kansas company to raise up to $1 million without going through the registration process. The maximum allowable investment by any single person is $1,000 unless the person is an accredited investor. To qualify for the exemption, the company issuing the securities must notify the Office of the Securities Commissioner of its intention to rely upon the exemption before the twenty-fifth sale of the security or the use of any public solicitation for investors, whichever occurs first, and the issuer must make certain disclosures to investors. A commission or other remuneration cannot be given to any person for participating in the offer or sale of securities unless the person is registered as a broker-dealer or agent with the Office of the Securities Commissioner. The company issuing the securities must also comply with the federal exemption for intrastate offerings in Section 3(a)(11) of the Securities Act of 1933. The proposed exemption differs from other available exemptions because it permits a public solicitation for investors. K.A.R. 81-2-1 currently provides for the adoption by reference of all federal statutes and regulations that are used in the state-level securities regulations. The proposed amendment would add the federal laws that are referenced in new K.A.R. 81-5-21. The proposed exemption will allow Kansas companies to raise capital without going through the registration process. A company could spend approximately $15,000 to $25,000 to properly register a $1 million securities offering. The costs would include a filing fee of $500, legal and accounting fees, due diligence costs, and other expenses associated with a securities offering. Most of these costs could be avoided if the company takes advantage of the new exemption, which has no filing fee and is designed to be used with minimal legal assistance. Because of the high expenses associated with registration, few companies actually use the registration process for small offerings. Therefore, the anticipated loss of revenue to the state of Kansas from registration fees is expected to be less than $2,000 per year. This 60-day notice of the public hearing shall constitute a public comment period for the purpose of receiving written public comments on the proposed rules and regulations. All interested parties may submit written comments prior to the hearing by addressing them to the Office of the Securities Commissioner, 109 S.W. 9th, Suite 600, Topeka, 66612. All interested parties will be given a
reasonable opportunity to present their views orally on the adoption of the proposed regulations during the hearing. In order to give all parties an opportunity to present their views, it may be necessary to request that each participant limit any oral presentation. Following the hearing, all written and oral comments submitted by interested parties will be considered by the commissioner as a basis for making changes to the proposed regulations. Any individual with a disability may request accommodation in order to participate in the public hearing and may request the proposed regulations and economic impact statements in an accessible format. Requests for accommodation should be made at least five working days in advance of the hearing by contacting Michelle Lancaster at (785) 296-5215 or the Kansas Relay Center at (800) 766-3777. Handicapped parking is located on 9th Street or Kansas Avenue, and the hearing room is accessible to individuals with disabilities. Copies of the full text of the proposed regulations and the economic impact statement may be obtained by writing to the Office of the Securities Commissioner at the address above or by e-mail request to ksc@ksc.ks.gov. Aaron Jack Securities Commissioner
Doc. No. 039415
State of Kansas
Legislature
Legislative Bills and Resolutions Introduced The following numbers and titles of bills and resolutions were introduced May 5-12 by the 2011 Kansas Legislature. Copies of bills and resolutions are available free of charge from the Legislative Document Room, 58-S, State Capitol, 300 S.W. 10th Ave., Topeka, 66612, (785) 296-4096. Full texts of bills, bill tracking and other information may be accessed at www.kslegislature.org. House Resolutions
HR 6030, By Reps. Davis, Alford, Arpke, Aurand, Ballard, Bethell, Billinger, Bollier, Boman, Bowers, Brookens, Brown, Bruchman, Brunk, Burgess, Burroughs, Calloway, Carlin, Carlson, Cassidy, Collins, Colloton, Crum, DeGraaf, Denning, Dillmore, Donohoe, Fawcett, Feuerborn, Finney, Flaharty, Frownfelter, Garber, D. Gatewood, S. Gatewood, Goico, Gonzalez, Goodman, Gordon, Grange, Grant, Gregory, Grosserode, Hayzlett, Hedke, Henderson, Henry, Hermanson, Hildabrand, Hill, Hineman, Hoffman, C. Holmes, M. Holmes, Howell, Huebert, Johnson, Kelley, Kelly, Kerschen, Kiegerl, Kinzer, Kleeb, Knox, Kuether, Landwehr, Lane, Loganbill, Mah, Mast, McCray-Miller, McLeland, Meier, Meigs, Mesa, Montgomery, Mosier, Moxley, OBrien, OHara, ONeal, Osterman, Otto, Patton, Pauls, Peck, Peterson, Phelps, Pottorff, Powell, Prescott, Proehl, Rhoades, Roth, Rubin, Ruiz, Ryckman, Scapa, Schroeder, Schwab, Schwartz, Seiwert, Shultz, Siegfreid, Slattery, Sloan, Smith, Spalding, Suellentrop, Swanson, Tietze, Trimmer, Tyson, Vickrey, Victors, Ward, Weber, Wetta, Williams, Winn, K. Wolf, B. Wolf, Wolfe Moore and Worley, A RESOLUTION in memory of former Representative Terry McLachlan. HR 6031, By Representatives Brunk, Alford, Arpke, Aurand, Ballard, Bethell, Billinger, Bollier, Boman, Bowers, Brookens, Brown, Bruchman, Burgess, Burroughs, Calloway, Carlin, Carlson, Cassidy, Collins, Colloton, Crum, Davis, DeGraaf, Denning, Dillmore, Donohoe, Fawcett, Feuerborn, Finney, Flaharty, Frownfelter, Garber, D. Gatewood, S. Gatewood, Goico, Gonzalez, Goodman, Gordon, Grange, Grant, Gregory, Grosserode, Hayzlett, Hedke, Henderson, Henry, Hermanson, Hildabrand, Hill, Hineman, Hoffman, C. Holmes, M. Holmes, Howell, Huebert, Johnson, Kelley, Kelly, Kerschen, Kiegerl, Kinzer, Kleeb, Knox,
Vol. 30, No. 20, May 19, 2011
Kansas Register
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Kuether, Landwehr, Lane, Loganbill, Mah, Mast, McCray-Miller, McLeland, Meier, Meigs, Mesa, Montgomery, Mosier, Moxley, OBrien, OHara, ONeal, Osterman, Otto, Patton, Pauls, Peck, Peterson, Phelps, Pottorff, Powell, Prescott, Proehl, Rhoades, Roth, Rubin, Ruiz, Ryckman, Scapa, Schroeder, Schwab, Schwartz, Seiwert, Shultz, Siegfreid, Slattery, Sloan, Smith, Spalding, Suellentrop, Swanson, Tietze, Trimmer, Tyson, Vickrey, Victors, Ward, Weber, Wetta, Williams, Winn, K. Wolf, B. Wolf, Wolfe Moore and Worley, A RESOLUTION congratulating and commending the Wichita State University Shocker mens basketball team for winning the 2011 National Invitation Tournament. HR 6032, By Reps. Mesa, Alford, Arpke, Aurand, Ballard, Bethell, Billinger, Bollier, Boman, Bowers, Brookens, Brown, Bruchman, Brunk, Burgess, Burroughs, Calloway, Carlin, Carlson, Cassidy, Collins, Colloton, Crum, Davis, DeGraaf, Denning, Dillmore, Donohoe, Fawcett, Feuerborn, Finney, Flaharty, Frownfelter, Garber, D. Gatewood, S. Gatewood, Goico, Gonzalez, Goodman, Gordon, Grange, Grant, Gregory, Grosserode, Hayzlett, Hedke, Henderson, Henry, Hermanson, Hildabrand, Hill, Hineman, Hoffman, C. Holmes, M. Holmes, Howell, Huebert, Johnson, Kelley, Kelly, Kerschen, Kiegerl, Kinzer, Kleeb, Knox, Kuether, Landwehr, Lane, Loganbill, Mah, Mast, McCray-Miller, McLeland, Meier, Meigs, Montgomery, Mosier, Moxley, OBrien, OHara, ONeal, Osterman, Otto, Patton, Pauls, Peck, Peterson, Phelps, Pottorff, Powell, Prescott, Proehl, Rhoades, Roth, Rubin, Ruiz, Ryckman, Scapa, Schroeder, Schwab, Schwartz, Seiwert, Shultz, Siegfreid, Slattery, Sloan, Smith, Spalding, Suellentrop, Swanson, Tietze, Trimmer, Tyson, Vickrey, Victors, Ward, Weber, Wetta, Williams, Winn, K. Wolf, B. Wolf, Wolfe Moore and Worley, A RESOLUTION congratulating and commending Victor Ortiz for becoming the World Boxing Council (WBC) welterweight champion of the world. HR 6033, By Representative Burroughs, A RESOLUTION congratulating Chief Bearskin on his service to all citizens in the State of Kansas and the United States of America.
SR 1866, Senators Haley, Morris, Emler, Hensley, Apple, Abrams, Bruce, Brungardt, Faust-Goudeau, Francisco, Holland, Huntington, Kelly, Kelsey, King, Kultala, Longbine, Love, Lynn, Marshall, McGinn, Merrick, Olson, Ostmeyer, Owens, Petersen, Pilcher-Cook, Reitz, A. Schmidt, V. Schmidt, Schodorf, Taddiken, Teichman, Umbarger, Vratil and Wagle, A RESOLUTION commemorating the 10th anniversary of September 11th, 2001. SR 1867, By Senator Haley. A RESOLUTION congratulating Chief Bearskin on his service to all citizens in the State of Kansas and the United States of America.
Doc. No. 039411
State of Kansas

Permanent Administrative Regulations Article 1.DEFINITIONS 109-1-1a. Definitions. The following terms, as used in this agencys regulations, shall have the following meanings. (a) Sponsoring organization means provider of training, as defined in K.S.A. 65-6112 and amendments thereto. (b) Teach means instruct or coordinate training, or both. (Authorized by K.S.A. 65-6110 and K.S.A. 2009 Supp. 65-6111, as amended by L. 2010, ch. 119, sec. 1; implementing K.S.A. 65-6110 and K.S.A. 2009 Supp. 656111, as amended by L. 2010, ch. 119, sec. 1; effective, T109-2-7-11, Feb. 7, 2011; effective June 3, 2011.) Article 5.CONTINUING EDUCATION 109-5-1. Continuing education. (a) One clock-hour of continuing education credit shall mean at least 50 minutes of instruction. (b) One academic credit hour shall be equivalent to 15 clock-hours for the purpose of continuing education credit. Credit for auditing an academic course shall be for actual clock-hours attended during which instruction was given and shall not exceed the academic credit allowed. (c) Acceptable forms of prior approved continuing education programs shall include the following: (1) Academic medical courses, whether taken for credit or audited; (2) seminars, workshops, or minicourses oriented to the enhancement of EMS practice, values, skills, and knowledge; (3) programs presented by a provider of continuing education as defined in K.A.R. 109-1-1; (4) medical or nursing continuing education programs approved by the appropriate licensing agency of this or another jurisdiction; (5) programs approved by the CECBEMS; (6) clinical training that meets the requirements of subsection (d); (7) distance learning courses that meet the criteria established in paragraph (e)(2) and K.A.R. 109-10-7; and (8) for instructor-coordinators and training officers, an educator conference approved by the board. (d) All clinical training submitted for approval shall be in the form of prescheduled clinical training sessions. The
(continued)
Senate Bills
SB 248, AN ACT concerning compensation and expenses of legislators for a period of time during the 2011 regular session of the legislature, by Committee on Ways and Means.

SCR 1609, By Senators Morris, Emler and Hensley, A CONCURRENT RESOLUTION relating to the 2011 regular session of the legislature and providing for an adjournment thereof.
Senate Resolutions
SR 1856, By Senator Umbarger, A RESOLUTION congratulating and commending Erie High Charter School for being the first LEED Gold certified high school in the State of Kansas. SR 1857, By Senator Hensley, A RESOLUTION congratulating Derek Ziegler and Beth Mendenhall for winning the 2011 Cross-Examination Debate Associations national tournament. SR 1858, By Senator Hensley, A RESOLUTION congratulating and commending Donnie Lockhart for winning the 2011 Class 5A 189pound state wrestling championship and for completing a perfect 38-0 record. SR 1859, By Senators Apple and Marshall, A RESOLUTION congratulating and commending Rita Nienstedt on her retirement. SR 1860, by Senator Haley, A RESOLUTION celebrating the 25th anniversary of the Shepherds Center. SR 1861, By Senators Vratil and Owens, A RESOLUTION congratulating and commending Randy Hearrell. SR 1862, By Senator Morris, A RESOLUTION congratulating and commending Victor Ortiz for becoming the World Boxing Council (WBC) welterweight champion of the world. SR 1863, Senators McGinn, Abrams, Apple, Bruce, Brungardt, Donovan, Emler, Faust-Goudeau, Francisco, Haley, Hensley, Holland, Huntington, Kelly, Kelsey, King, Kultala, Lee, Longbine, Love, Lynn, Marshall, Masterson, Merrick, Morris, Olson, Ostmeyer, Owens, Petersen, Pyle, Reitz, A. Schmidt, V. Schmidt, Schodorf, Steineger, Taddiken, Teichman, Umbarger, Vratil and Wagle, A RESOLUTION congratulating and commending the Wichita State University Shocker Mens Basketball Team for winning the 2011 National Invitation Tournament. SR 1864, by Senator Lynn, A RESOLUTION congratulating Team Kansas from the Olathe Culinary Arts Program. SR 1865, By Senators Haley and Faust-Goudeau, A RESOLUTION recognizing the observance of an annual Juneteenth Day.
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Kansas Register
Regulations
training coordinator shall provide, to the student and the clinical training faculty, the clinical training objectives to be met during the training session. The clinical training faculty shall complete a clinical training evaluation form for each student. (e)(1) Any student may be awarded one clock-hour of continuing education credit for each clock-hour of distance learning as verified by the certificate of completion, which shall not exceed the amount of credit awarded by CECBEMS or the provider of distance learning. The number of clock-hours received for continuing education credit during one calendar day shall not exceed 12. (2) Each distance learning course shall include an examination over the material presented. The provider of the distance learning course shall provide each student with the results of the examination and a certificate of completion. (3) Each student using one or more distance learning courses for the purpose of certification renewal shall keep a copy of the certificate of completion for at least three years. (f) Any attendant may apply for retroactive approval of continuing education programs that did not receive prior approval by the board. The request shall include an application approved by the executive director and the other documentation specified in K.A.R. 109-5-5. The request shall be received in the board office within 90 days following the end of the program. (Authorized by K.S.A. 2009 Supp. 65-6111, as amended by L. 2010, ch. 119, sec. 1; implementing K.S.A. 2009 Supp. 65-6129, as amended by L. 2010, ch. 119, sec. 8, K.S.A. 65-6129b, and K.S.A. 656129c, as amended by L. 2010, ch. 119, sec. 9; effective, T88-122, May 18, 1987; amended, T-88-24, July 15, 1987; amended May 1, 1988; amended July 17, 1989; amended Feb. 3, 1992; amended Aug. 16, 1993; amended Dec. 19, 1994; amended Nov. 1, 1996; amended Nov. 12, 1999; amended, T-109-8-8-00, Aug. 8, 2000; amended Nov. 13, 2000; amended Aug. 30, 2002; amended Sept. 10, 2010; amended, T-109-2-7-11, Feb. 7, 2011; amended June 3, 2011.) 109-5-1a. First responder and emergency medical responder (EMR) continuing education. (a) Each applicant for certification renewal as a first responder who is scheduled for renewal on or before December 31, 2012 shall have completed the board-approved transition course to transition to the emergency medical responder (EMR) certification as specified in K.S.A. 65-6144, and amendments thereto. (b) Each applicant for certification renewal as an EMR shall have earned at least 16 clock-hours of documented and approved continuing education during the initial certification period and during each biennial period thereafter. (Authorized by K.S.A. 2009 Supp. 65-6111, as amended by L. 2010, ch. 119, sec. 1; implementing K.S.A. 2009 Supp. 65-6129, as amended by L. 2010, ch. 119, sec. 8; effective, T-109-2-7-11, Feb. 7, 2011; effective June 3, 2011.) 109-5-1b. Emergency medical technician (EMT) continuing education. (a) Each applicant for certification renewal as an EMT who is scheduled for renewal on or before December 31, 2012 shall have completed the
board-approved transition course to transition to the EMT level of certification as specified in K.S.A. 65-6121, and amendments thereto. (b) After January 1, 2013, each applicant for EMT shall have earned at least 28 clock-hours of documented and approved continuing education during the initial certification period and during each biennial period thereafter. (Authorized by K.S.A. 2009 Supp. 65-6111, as amended by L. 2010, ch. 119, sec. 1; implementing K.S.A. 2009 Supp. 65-6129, as amended by L. 2010, ch. 119, sec. 8; effective, T-109-2-7-11, Feb. 7, 2011; effective June 3, 2011.) 109-5-1d. Mobile intensive care technician (MICT) and paramedic continuing education. (a) Each applicant for certification renewal as an MICT shall have earned at least 60 clock-hours of documented and approved continuing education during the preceding biennial period to transition to paramedic. (b) Each applicant for certification renewal as a paramedic shall have earned at least 60 clock-hours of documented and approved continuing education during the initial certification period and during each biennial period thereafter. (Authorized by K.S.A. 2009 Supp. 656111, as amended by L. 2010, ch. 119, sec. 1, and K.S.A. 65-6119, as amended by L. 2010, ch. 119, sec. 3; implementing K.S.A. 2009 Supp. 65-6119, as amended by L. 2010, ch. 119, sec. 3, and K.S.A. 65-6129, as amended by L. 2010, ch. 119, sec. 8; effective, T-109-2-7-11, Feb. 7, 2011; effective June 3, 2011.) 109-5-1e. Instructor-coordinator (I-C) continuing education. Each applicant for certification renewal as an I-C shall provide documentation of both of the following: (a) The applicant is certified as an attendant at or above the level of EMT or is licensed as a physician or professional nurse, as defined by K.S.A. 65-1113 and amendments thereto. (b) The applicant attended, during the biennial period immediately preceding the date of application for renewal, an educator conference approved by the board. (Authorized by K.S.A. 2009 Supp. 65-6111, as amended by L. 2010, ch. 119, sec. 1; implementing K.S.A. 65-6129b; effective, T-109-2-7-11, Feb. 7, 2011; effective June 3, 2011.) 109-5-1f. Training officer continuing education. Each applicant for certification renewal as a training officer shall provide documentation of the following: (a) The applicant is certified as an attendant at or above the level of EMT or is licensed as a physician, physicians assistant, advance registered nurse practitioner, or professional nurse as defined by K.S.A. 65-1113, and amendments thereto. (b) The applicant attended, during the biennial period immediately preceding the date of application for renewal, an educator conference approved by the board. (Authorized by K.S.A. 2009 Supp. 65-6111, as amended by L. 2010, ch. 119, sec. 1; implementing K.S.A. 65-6129c, as amended by L. 2010, ch. 119, sec. 9; effective, T-109-27-11, Feb. 7, 2011; effective June 3, 2011.) 109-5-7a. Emergency medical responder (EMR) transition course approval. (a) The transition course curriculum for the emergency medical responder shall be the document titled EMR lesson plan in the emergency
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medical responder transition course, dated July 11, 2010, which is hereby adopted by reference. (b) The train the trainer course curriculum for the EMR and EMT train the trainer courses shall be the EMR/EMT train the trainer course, dated August 6, 2010, which is hereby adopted by reference. (c) Each sponsoring organization shall submit a singleprogram continuing education application to the executive director to conduct, through teaching, coordinating, or both, a transition module or an entire transition course. (d) Each sponsoring organization shall meet the following requirements: (1) Ensure that the curriculum adheres to the requirements specified in subsection (a); (2) submit a complete application for single-program approval to the executive director at least 30 days before the requested transition course. A complete application shall include the following: (A) The signature of the instructor-coordinator or training officer who meets the requirements of K.A.R. 109-57d and is responsible for the coordination of the transition course; (B) the signature of the identified sponsoring organizations medical advisor; (C) a course schedule that includes the date and time of each transition course module or session, the title of each transition course topic, and the instructor for each transition course module or session; and (D) assurance of use of the cognitive examination and psychomotor skills competency evaluation tools provided as part of the instructor manual for the transition course at the level of course to be taught; (3) provide each student with a certificate of completion that includes the following: (A) The name of the sponsoring organization; (B) a statement that the transition course has been approved by the board; (C) the title of the transition course module or entire transition course; (D) the date and location of the transition course module or session; (E) the amount of continuing education credit completed by the attendant for the transition course module or entire transition course; (F) the board-assigned course identification number; (G) the printed name and signature of the instructorcoordinator or training officer who meets the requirements specified in subsection (b) and is responsible for the coordination of the transition course; and (H) the names of the primary instructor-coordinator (IC), training officer (TO), and any person who provides teaching assistance including subject matter experts, lab assistants, clinical or field preceptors, and guest lecturers; (4) provide a copy of all transition course rosters to the board office; and (5) maintain the following records for at least five years: (A) A copy of all documents required to be submitted with the application for single-program approval; (B) a list of all persons used in the teaching of the course. The list shall include the name and credentials of the primary I-C, training officer, and any person who pro-
vides teaching assistance including subject matter experts, lab assistants, preceptors, and guest lecturers; (C) student attendance records; and (D) completed copies of student evaluations for each of the transition course modules or entire transition course. (e) A subject matter expert may apply content taught by the subject matter expert during a transition course as content needed to complete the subject matter experts transition course. (f) Upon request by the executive director, each sponsoring organization shall provide a copy of all transition course records. (Authorized by K.S.A. 65-6110, K.S.A. 2009 Supp. 65-6111, as amended by L. 2010, ch. 119, sec. 1; implementing K.S.A. 65-6110, K.S.A. 2009 Supp. 656111, as amended by L. 2010, ch. 119, sec. 1, and K.S.A. 65-6144, as amended by L. 2010, ch. 119, sec. 11; effective, T-109-2-7-11, Feb. 7, 2011; effective June 3, 2011.) 109-5-7b. Emergency medical technician (EMT) transition course approval. (a) The transition course curriculum for the emergency medical technician shall be the document titled EMT lesson plan in the emergency medical technician transition course, dated July 11, 2010, which is hereby adopted by reference. (b) The train the trainer course curriculum for EMR and EMT train the trainer courses shall be the EMR/EMT train the trainer course adopted by reference in K.A.R. 109-5-7a. (c) Each sponsoring organization shall submit a singleprogram continuing education application to the executive director to conduct, through teaching, coordinating, or both, a transition module or an entire transition course. (d) Each sponsoring organization shall meet the following requirements: (1) Ensure that the curriculum meets the requirements specified in subsection (a); (2) submit a complete application for single-program approval to the executive director at least 30 days before the requested transition course. A complete application shall include the following: (A) The signature of the instructor-coordinator or training officer who meets the requirements of K.A.R. 109-57d and is responsible for the coordination of the transition course; (B) the signature of the identified sponsoring organizations medical advisor; (C) a course schedule that includes the date and time of each transition course module or session, the title of each transition course topic, and the instructor for each transition course module or session; and (D) assurance of use of the cognitive examination and psychomotor skills competency evaluation tools provided as part of the instructor manual for the transition course at the level of course to be taught; (3) provide each student with a certificate of completion that includes the following: (A) The name of the sponsoring organization; (B) a statement that the transition course has been approved by the board; (C) the title of the transition course module or entire transition course;
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(D) the date and location of the transition course module or session; (E) the amount of continuing education credit completed by the attendant for the transition course module or entire transition course; (F) the board-assigned course identification number; (G) the printed name and signature of the instructorcoordinator or training officer who meets the requirements specified in subsection (b) and is responsible for the coordination of the transition course; and (H) the names of the primary instructor-coordinator (IC), training officer (TO), and any person who provides teaching assistance including subject matter experts, lab assistants, clinical or field preceptors, and guest lecturers; (4) provide a copy of all transition course rosters to the board office; and (5) maintain the following records for at least five years: (A) A copy of all documents required to be submitted with the application for single-program approval; (B) a list of all persons used in the teaching of the course. The list shall include the names and credentials of the primary I-C, training officer, and any person who provides teaching assistance including subject matter experts, lab assistants, preceptors, and guest lecturers; (C) student attendance records; and (D) completed copies of student evaluations for each of the transition course modules or entire transition course. (e) A subject matter expert may apply content taught by the subject matter expert during a transition course as content needed to complete the subject matter experts transition course. (f) Upon request by the executive director, each sponsoring organization shall provide a copy of all transition course records. (Authorized by K.S.A. 65-6110, K.S.A. 2009 Supp. 65-6111, as amended by L. 2010, ch. 119, sec. 1; implementing K.S.A. 65-6110, K.S.A. 2009 Supp. 656111, as amended by L. 2010, ch. 119, sec. 1; effective, T109-2-7-11, Feb. 7, 2011; effective June 3, 2011.) 109-5-7d. EMR and EMT train the trainer transition course approval. (a) The transition course curriculum for the EMR and EMT train the trainer shall be the EMR/EMT train the trainer course adopted by reference in K.A.R. 109-5-7a. (b) Training officers and instructor-coordinators may coordinate transition courses after completion of the emergency medical responder and emergency medical technician transition train the trainer course. (c) Upon request by the executive director, a training officer or instructor-coordinator shall provide a copy of all transition course records. (Authorized by K.S.A. 65-6110, K.S.A. 2009 Supp. 65-6111, as amended by L. 2010, ch. 119, sec. 1; implementing K.S.A. 65-6110 and K.S.A. 2009 Supp. 65-6111, as amended by L. 2010, ch. 119, sec. 1; effective, T109-2-7-11, Feb. 7, 2011; effective June 3, 2011.) Article 8.EXAMINATIONS 109-8-1. Examination. (a)(1) The cognitive certification examination for first responders , emergency medical responders, emergency medical technicians trained under the 1994 national standard curriculum modified and adopted by the board, emergency medical techni Kansas Secretary of State 2011
cians trained under the 2010 Kansas emergency medical services education standards: emergency medical technician, advanced emergency medical technicians, mobile intensive care technicians, and paramedics shall be the national registry examination. (2) Any applicant for certification who fails the national registry cognitive examination may retake the examination the maximum allowable number of times pursuant to national registry policy. (b) The cognitive certification examination for emergency medical technician-intermediate shall be the examination approved by the board on October 4, 1991. (c) The cognitive certification examination for instructor-coordinator shall be the final cognitive examination developed by the sponsoring organization and approved by the board. (d) The cognitive certification examinations for training officer I and training officer II approval shall be the final cognitive examinations developed by the sponsoring organization and approved by the board. (e) Any emergency medical technician-intermediate, instructor-coordinator, training officer I, or training officer II who fails the examination may retake it a maximum of three times. An applicant who has failed the examination three times shall not submit a new application for examination until documentation of successful completion of additional board-approved education has been received from the applicants instructor and reviewed by the executive director. (f) Each emergency medical technician-intermediate applicant shall be required to obtain a score of at least 70 percent on each cognitive examination and shall be required to demonstrate competency in psychomotor skills as evaluated by the executive director, using criteria approved by the board. (g) Each first responder, emergency medical responder, or emergency medical technician applicant shall be required to successfully complete the national registry of emergency medical technicians cognitive examination and shall be required to demonstrate competency in psychomotor skills as evaluated by the vendor contracted by the board, using criteria approved by the board. (h) Each advanced emergency medical technician, mobile intensive care technician, or paramedic applicant shall successfully complete the national registry of emergency medical technicians cognitive examination and psychomotor skills evaluation. (i) Any first responder, emergency medical responder, or emergency medical technician applicant who is tested in such psychomotor skills and who fails any psychomotor skill station may retest each failed station a maximum of three times. (j) Any advanced emergency medical technician, mobile intensive care technician, or paramedic applicant who is tested on such psychomotor skills in accordance with national registry criteria and who fails any psychomotor skill station may retest each failed portion the maximum allowable times under national registry policies. (k) Any examination for certification may be modified by the board as a pilot project to evaluate proposed changes to the psychomotor skills examination. (Authorized by K.S.A. 65-6110 and K.S.A. 65-6111, as amended
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by L. 2010, ch. 119, sec. 1; implementing K.S.A. 65-6111, as amended by L. 2010, ch. 119, sec. 1, K.S.A. 2009 Supp. 65-6129, as amended by L. 2010, ch. 119, sec. 8, K.S.A. 656129b, and K.S.A. 65-6129c, as amended by L. 2010, ch. 119, sec. 9; effective, T-109-1-19-89, Jan. 19, 1989; effective July 17, 1989; amended Aug. 27, 1990; amended Feb. 3, 1992; amended Dec. 19, 1994; amended Jan. 5, 1996; amended Nov. 8, 1996; amended May 16, 1997; amended, T-109-2-7-11, Feb. 7, 2011; amended June 3, 2011.) Article 10.CURRICULA 109-10-1a. Approved emergency medical responder education standards. (a) The document titled Kansas emergency medical services education standards: emergency medical responder (EMR), dated July 2010, is hereby adopted by reference to implement the new scope of practice pursuant to K.S.A. 65-6144, and amendments thereto, for emergency medical responder initial courses of instruction. (b) Proposed curricula or proposed curricular revisions may be approved by the board to be taught as a pilot project, for a maximum of three initial courses of instruction, so that the board can evaluate the proposed curricula or proposed curricular revisions and consider permanent adoption of the proposed curricula or proposed curricular revisions. Students of each approved pilot project course shall, upon successful completion of the approved pilot project course, be eligible to take the boardapproved examination for certification at the attendant level for the approved pilot project course. All examination regulations shall be applicable to students successfully completing an approved pilot project course. (Authorized by K.S.A. 65-6110 and K.S.A. 2009 Supp. 65-6111, as amended by L. 2010, ch. 119, sec. 1; implementing K.S.A. 65-6144, as amended by L. 2010, ch. 119, sec. 11; effective, T-109-2-7-11, Feb. 7, 2011; effective June 3, 2011.) 109-10-1b. Approved emergency medical technician education standards. (a) The document titled Kansas emergency medical services education standards: emergency medical technician (EMT), dated July 2010, is hereby adopted by reference to implement the new scope of practice pursuant to K.S.A. 65-6121, and amendments thereto, for emergency medical technician initial courses of instruction under the new emergency medical technician scope of practice. (b) Proposed curricula or proposed curricular revisions may be approved by the board to be taught as a pilot project, for a maximum of three initial courses of instruction, so that the board can evaluate the proposed curricula or proposed curricular revisions and consider permanent adoption of the proposed curricula or proposed curricular revisions. Students of each approved pilot project course shall, upon successful completion of the approved pilot project course, be eligible to take the boardapproved examination for certification at the attendant level for the approved pilot project course. All examination regulations shall be applicable to students successfully completing an approved pilot project course. (Authorized by K.S.A. 65-6110 and K.S.A. 2009 Supp. 65-6111, as amended by L. 2010, ch. 119, sec. 1; implementing
K.S.A. 65-6121, as amended by L. 2010, ch. 119, sec. 5; effective, T-109-2-7-11, Feb. 7, 2011; effective June 3, 2011.) 109-10-1d. Approved paramedic education standards. (a) The document titled Kansas emergency medical services education standards: paramedic, dated July 2010, is hereby adopted by reference to implement the new scope of practice pursuant to K.S.A. 65-6119, and amendments thereto, for paramedic initial courses of instruction. (b) Proposed curricula or proposed curricular revisions may be approved by the board to be taught as a pilot project, for a maximum of three initial courses of instruction, so that the board can evaluate the proposed curricula or proposed curricular revisions and consider permanent adoption of the proposed curricula or proposed curricular revisions. Students of each approved pilot project course shall, upon successful completion of the approved pilot project course, be eligible to take the boardapproved examination for certification at the attendant level for the approved pilot project course. All examination regulations shall be applicable to students successfully completing an approved pilot project course. (Authorized by K.S.A. 65-6110 and K.S.A. 2009 Supp. 65-6111, as amended by L. 2010, ch. 119, sec. 1; implementing K.S.A. 2009 Supp. 65-6119, as amended by L. 2010, ch. 119, sec. 3; effective, T-109-2-7-11, Feb. 7, 2011; effective June 3, 2011.) 109-10-1e. Approved instructor-coordinator standards. (a) Modules 2 through 23 in the national guidelines for educating EMS instructors, dated August 2002 and published by the United States department of transportation, national highway traffic safety administration, are hereby adopted by reference for instructor-coordinator (IC) initial courses of instruction. These courses shall include an evaluated assistant teaching experience for each student as specified in K.A.R. 109-9-1. (b) Proposed curricula or proposed curricular revisions may be approved by the board to be taught as a pilot project, for a maximum of three initial courses of instruction, so that the board can evaluate the proposed curricula or proposed curricular revisions and consider permanent adoption of the proposed curricula or proposed curricular revisions. Students of each approved pilot project course shall, upon successful completion of the approved pilot project course, be eligible to take the boardapproved examination for certification at the attendant level for the approved pilot project course. All examination regulations shall be applicable to students successfully completing an approved pilot project course. (Authorized by K.S.A. 65-6110 and K.S.A. 2009 Supp. 65-6111, as amended by L. 2010, ch. 119, sec. 1; implementing K.S.A. 65-6129b; effective, T-109-2-7-11, Feb. 7, 2011; effective June 3, 2011.) 109-10-1f. Approved training officer I education standards. (a) The document titled Kansas board of EMS training officer I: initial course standards, dated January 3, 2011, is hereby adopted by reference for training officer I initial courses of instruction. (b) Proposed curricula or proposed curricular revisions may be approved by the board to be taught as a pilot
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project, for a maximum of three initial courses of instruction, so that the board can evaluate the proposed curricula or proposed curricular revisions and consider permanent adoption of the proposed curricula or proposed curricular revisions. Students of each approved pilot project course shall, upon successful completion of the approved pilot project course, be eligible to take the boardapproved examination for certification at the attendant level for the approved pilot project course. All examination regulations shall be applicable to students successfully completing an approved pilot project course. (Authorized by K.S.A. 65-6110 and K.S.A. 2009 Supp. 65-6111, as amended by L. 2010, ch. 119, sec. 1; implementing K.S.A. 65-6129c, as amended by L. 2010, ch. 119, sec. 9; effective, T-109-2-7-11, Feb. 7, 2011; effective June 3, 2011.) 109-10-1g. Approved training officer II education standards. (a) The document titled Kansas board of EMS training officer II: initial course standards, dated August 2010, is hereby adopted by reference for training officer II initial courses of instruction. (b) Proposed curricula or proposed curricular revisions may be approved by the board to be taught as a pilot project, for a maximum of three initial courses of instruction, so that the board can evaluate the proposed curricula or proposed curricular revisions and consider permanent adoption of the proposed curricula or proposed curricular revisions. Students of each approved pilot project course shall, upon successful completion of the approved pilot project course, be eligible to take the boardapproved examination for certification at the attendant level for the approved pilot project course. All examination regulations shall be applicable to students successfully completing an approved pilot project course. (Authorized by K.S.A. 65-6110 and K.S.A. 2009 Supp. 65-6111, as amended by L. 2010, ch. 119, sec. 1; implementing K.S.A. 65-6129c, as amended by L. 2010, ch. 119, sec. 9; effective, T-109-2-7-11, Feb. 7, 2011; effective June 3, 2011.) 109-10-6. Required training equipment and supplies. Each sponsoring organization approved to conduct initial courses of instruction shall ensure that EMS training equipment and supplies necessary to facilitate the teaching of all psychomotor skills for the level of course being provided are available for use with that course. The training equipment and supplies provided shall be functional, clean, serviceable, and in sufficient quantity to maintain a ratio of no more than six students practicing together on one piece of equipment. The pharmaceuticals necessary for training shall be either simulation models or actual empty pharmaceutical packages or containers, or both. Training equipment and supplies that are for the purpose of protecting the student from exposure to bloodborne and airborne pathogens shall be functional and clean and shall be provided in sufficient quantity to ensure that students have their own. (Authorized by and implementing K.S.A. 65-6110 and K.S.A. 2009 Supp. 65-6111, as amended by L. 2010, ch. 119, sec. 1; effective Nov. 12, 1999; amended, T109-2-7-11, Feb. 7, 2011; amended June 3, 2011.) Article 11.COURSE APPROVALS 109-11-1a. Emergency medical responder course approval. (a) Emergency medical responder initial courses
of instruction pursuant to K.S.A. 65-6144, and amendments thereto, may be approved by the executive director and shall be conducted only by sponsoring organizations. (b) Each sponsoring organization requesting approval to conduct initial courses of instruction shall submit a complete application packet to the executive director, including all required signatures, and the following documents: (1) A course syllabus that includes at least the following information: (A) A summary of the course goals and objectives; (B) student prerequisites, if any, for admission into the course; (C) instructional and any other materials required to be purchased by the student; (D) student attendance policies; (E) student requirements for successful course completion; (F) a description of the clinical and field training requirements, if applicable; (G) student discipline policies; and (H) instructor information, which shall include the following: (i) Instructor name; (ii) office hours or hours available for consultation; and (iii) instructor electronic mail address; (2) course policies that include at least the following information: (A) Student evaluation of program policies; (B) student and participant safety policies; (C) Kansas requirements for certification; (D) student dress and hygiene policies; (E) student progress conferences; (F) equipment use policies; and (G) a statement that the course provides a sufficient number of lab instructors to maintain a 6:1 student-toinstructor ratio during lab sessions; (3) a course schedule that identifies the following: (A) The date and time of each class session, unless stated in the syllabus; (B) the title of the subject matter of each class session; (C) the instructor of each class session; and (D) the number of psychomotor skills laboratory hours for each session; and (4) letters from the initial course of instruction medical advisor, the ambulance service director of the ambulance service that will provide field training to the students, if applicable, and the administrator of the medical facility in which the clinical rotation is provided, if applicable, indicating their commitment to provide the support as defined in the curriculum. (c) Each application shall be received in the board office not later than 30 calendar days before the first scheduled course session. (d) Each approved initial course shall meet the following conditions: (1) Meet or exceed the course requirements described in the regulations of the Kansas board of EMS; and (2) maintain course records for at least three years. The following records shall be maintained: (A) A copy of all documents required to be submitted with the application for course approval;
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(B) student attendance; (C) student grades; (D) student conferences; (E) course curriculum; (F) lesson plans for all lessons; (G) clinical training objectives, if applicable; (H) field training objectives, if applicable; (I) completed clinical and field training preceptor evaluations for each student; (J) master copies and completed copies of the outcome assessment and outcome analyses tools used for the course that address at least the following: (i) Each students ability to perform competently in a simulated or actual field situation, or both; and (ii) each students ability to integrate cognitive and psychomotor skills to appropriately care for sick and injured patients; (K) a copy of each students psychomotor skills evaluations as specified in the course syllabus; (L) completed copies of each students evaluations of each course, all instructors for the course, and all lab instructors for the course; and (M) a copy of the course syllabus. (e) Each primary instructor shall provide the executive director with an application for certification form from each student within 20 days of the date of the first class session. (f) Each sponsoring organization shall ensure that the sponsoring organizations instructor-coordinators and training officers provide any course documentation requested by the executive director. (g) Any approved course may be monitored by the executive director. (h) Program approval may be withdrawn by the board if the sponsoring organization fails to comply with or violates any regulation or statute that governs sponsoring organizations. (Authorized by K.S.A. 65-6110, K.S.A. 2009 Supp. 65-6111, as amended by L. 2010, ch. 119, sec. 1; implementing K.S.A. 65-6110, K.S.A. 2009 Supp. 65-6111, as amended by L. 2010, ch. 119, sec. 1, and K.S.A. 2009 Supp. 65-6129, as amended by L. 2010, ch. 119, sec. 8; effective, T-109-2-7-11, Feb. 7, 2011; effective June 3, 2011.) 109-11-3a. Emergency medical technician (EMT) course approval. (a) Emergency medical technician (EMT) initial courses of instruction pursuant to K.S.A. 656121, and amendments thereto, may be approved by the executive director and shall be conducted only by sponsoring organizations. (b) Each sponsoring organization requesting approval to conduct initial courses of instruction shall meet the following requirements: (1) Meet the course requirements specified in K.A.R. 109-11-1(b)-(f); and (2) in each initial course of instruction, include hospital clinical training and ambulance field training that provide the following: (A) An orientation to the hospital and to the ambulance service; and (B) supervised participation in patient care and assessment, including the performance of a complete patient assessment on at least one patient in compliance with
K.S.A. 65-6129a and amendments thereto. In the absence of participatory clinical or field training, contrived experiences may be substituted. (c) Each sponsoring organization shall ensure that the sponsoring organizations instructor-coordinators and training officers provide any course documentation requested by the executive director. (d) Any approved course may be monitored by the executive director. (e) Program approval may be withdrawn by the board if the sponsoring organization fails to comply with or violates any regulation or statute that governs sponsoring organizations. (Authorized by K.S.A. 65-6110, K.S.A. 2009 Supp. 65-6111, as amended by L. 2010, ch. 119, sec. 1; implementing K.S.A. 65-6110, K.S.A. 2009 Supp. 65-6111, as amended by L. 2010, ch. 119, sec. 1, K.S.A. 65-6121, as amended by L. 2010, ch. 119, sec. 5, K.S.A. 2009 Supp. 656129, as amended by L. 2010, ch. 119, sec. 8, and K.S.A. 65-6129a; effective, T-109-2-7-11, Feb. 7, 2011; effective June 3, 2011.) 109-11-6a. Paramedic course approval. (a) Paramedic initial courses of instruction pursuant to K.S.A. 656119, and amendments thereto, may be approved by the executive director and shall be conducted only by sponsoring organizations that are accredited postsecondary educational institutions. (b) Each sponsoring organization requesting approval to conduct paramedic initial courses of instruction shall meet the following requirements: (1) Meet the requirements in K.A.R. 109-11-1(b)-(f); (2) provide letters from the director of each ambulance service that will provide field training to the students and the administrator or the administrators designee of each hospital in which the clinical training is provided, indicating their commitment to provide the support as defined in the curriculum; (3) require that, on or before completion of the required paramedic course, each student provide confirmation of eligibility to be conferred, at a minimum, an associate degree in applied science by the postsecondary institution; and (4) (A) Provide verification that the sponsoring organization has applied for accreditation to the committee on accreditation of allied health education programs joint review committee for emergency medical technician-paramedic; or (B) provide evidence of accreditation from the committee on accreditation of allied health education programs joint review committee for emergency medical technician-paramedic before the commencement of the third course. (c) Each application shall be received in the board office not later than 30 calendar days before the first scheduled class. Only a complete application packet shall be processed. (d) Each approved paramedic course shall meet the following requirements: (1) Meet or exceed the curriculum requirements in K.A.R. 109-10-1; (2) consist of at least 1,200 hours of training, including at least the following:
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(A) 400 hours of didactic and psychomotor skills laboratory instruction by qualified instructors; (B) 232 hours of clinical training at a hospital by qualified instructors; and (C) 400 hours of field internship training with a type I ambulance service by qualified instructors; and (3) ensure, and establish in writing, how each student is provided with experiences, which shall include at least the following: (A) The performance of 20 successful venipunctures, of which at least 10 shall be for the purpose of initiating intravenous infusions; (B) successful performance of three endotracheal intubations on live patients, with written verification by a physician or certified registered nurse anesthetist competent in the procedure that the student is competent in performing the procedure; (C) successful performance of five intraosseous infusions; (D) administration of one nebulized breathing treatment during clinical training; (E) performance of a complete patient assessment on 50 patients, of which at least 25 shall be accomplished during field internship training; (F) participation in, as an observer or as an assistant, three vaginal-delivered childbirths during clinical training; (G) in increasing positions of responsibility, being a part of a type I service crew responding to 30 ambulance calls; (H) performance of 10 intramuscular or subcutaneous injections; (I) completion of 30 patient charts or patient care reports, or both; and (J) performance of monitoring and interpreting the electrocardiogram on 30 patients during clinical training and field internship training. (e) The primary instructor shall provide the executive director with an application for certification form from each student within 20 days after the first class session. (f) Any approved class may be monitored by the executive director. (g) Each sponsoring organization shall ensure that the sponsoring organizations instructor-coordinators and training officers provide any program documentation requested by the executive director. (h) Program approval may be withdrawn by the board if the sponsoring organization fails to comply with or violates any regulation or statute that governs sponsoring organizations. (Authorized by K.S.A. 65-6110 and K.S.A. 2009 Supp. 65-6111, as amended by L. 2010, ch. 119, sec. 1; implementing K.S.A. 65-6110, K.S.A. 2009 Supp. 656111, as amended by L. 2010, ch. 119, sec. 1, K.S.A. 2009 Supp. 65-6119, as amended by L. 2010, ch. 119, sec. 3, and K.S.A. 2009 Supp. 65-6129, as amended by L. 2010, ch. 119, sec. 8; effective, T-109-2-7-11, Feb. 7, 2011; effective June 3, 2011.) Steve Sutton Executive Director
Doc. No. 039413
Secretary of State
HOUSE BILL No. 2020

AN ACT concerning postsecondary educational institutions; relating to certain funds; authorizing interest earnings on Johnson county education research triangle authority funds; relating to fees imposed under the Kansas private and out-of-state postsecondary educational institution act; relating to certain veterinary practices by students; authorizing certain credits to housing system funds; amending K.S.A. 19-5003 and 47-1731 and K.S.A. 2010 Supp. 74-32,181 and 76-762 and repealing the existing sections; also repealing K.S.A. 2010 Supp. 74-32,181a. Be it enacted by the Legislature of the State of Kansas: Section 1. On July 1, 2011, K.S.A. 19-5003 is hereby amended to read as follows: 19-5003. (a) If a majority of the electors voting at the election provided in K.S.A. 19-5002, and amendments thereto, shall approve such proposition to create the Johnson county education research triangle authority and to grant authority to impose a retailers sales or levy an annual tax on real property within the county, or combination of both, the authority shall be created and the board of county commissioners shall provide by resolution for the imposition of the sales tax or levy of the annual tax on real property, or combination of both, and pledging the revenues received therefrom for such purposes as specified in this section. With regard to the retailers sales tax, Johnson county shall utilize the services of the state department of revenue to administer, enforce and collect such tax. The sales tax shall be administered, enforced and collected in the same manner and by the same procedure as other countywide retailers sales taxes are levied and collected and shall be in addition to any other sales tax authorized by law. Upon receipt of a certified copy of a resolution authorizing the levy of a countywide retailers sales tax pursuant to this act, the state director of taxation shall cause such tax to be collected within and outside the boundaries of Johnson county at the same time and in the same manner provided for the collection of the state retailers sales tax and local retailers sales tax. All retailers sales tax moneys collected by the director of taxation under the provisions of this act shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the Johnson county education research triangle authority retailers sales tax fund which fund is hereby established in the state treasury. Any refund due on any retailers sales tax collected pursuant to this act shall be paid out of the sales tax refund fund and reimbursed by the director of taxation from retailers sales tax revenue collected pursuant to this act. All retailers sales tax revenue collected within any county pursuant to this act shall be remitted at least quarterly by the state treasurer, on instruction from the director of taxation, to the treasurer of Johnson county. (b) Any such sales tax imposed or tax levy on real property enacted by the voters of Johnson county shall be subject to voter recall upon proper petition and submission of the issue to a recall ballot in a general election. (c) (1) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the Johnson county education research triangle fund of the university of Kansas interest earnings based on: (A) The average daily balance of moneys in the
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Johnson county education research triangle fund of the university of Kansas for the preceding month; and (B) the net earnings rate for the pooled money investment portfolio for the preceding month. (2) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the Johnson county education research triangle fund of Kansas state university interest earnings based on: (A) The average daily balance of moneys in the Johnson county education research triangle fund of Kansas state university for the preceding month; and (B) the net earnings rate for the pooled money investment portfolio for the preceding month. (3) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the Johnson county education research triangle fund of the university of Kansas medical center interest earnings based on: (A) The average daily balance of moneys in the Johnson county education research triangle fund of the university of Kansas medical center for the preceding month; and (B) the net earnings rate for the pooled money investment portfolio for the preceding month. Sec. 2. K.S.A. 47-1731 is hereby amended to read as follows: 471731. (a) No dog or cat may be transferred to the permanent custody of a prospective owner by a pound or animal shelter, as defined by K.S.A. 47-1701, and amendments thereto, or by a humane society, unless: (1) Such dog or cat has been surgically spayed or neutered before the physical transfer of the animal occurs; or (2) the prospective owner signs an agreement to have the dog or cat spayed or neutered and deposits with the pound or animal shelter funds not less than the lowest nor more than the highest cost of spaying or neutering in the community. Any funds deposited pursuant to such an agreement shall be refunded to such person upon presentation of a written statement signed by a licensed veterinarian that the dog or cat has been spayed or neutered. If such person does not reclaim the deposit within six months after receiving custody of the animal, the pound or animal shelter shall keep the deposit and may reclaim the unspayed or unneutered animal. (b) No person shall spay or neuter any dog or cat for or on behalf of a pound or animal shelter unless such person is a licensed veterinarian or a student currently enrolled in the college of veterinary medicine, Kansas state university, who has completed at least two years of study in the veterinary medical curriculum and is participating in a spay or neuter program and as part of the curriculum under the direct supervision of a licensed veterinarian who is a faculty member at the Kansas state university veterinary medical center. The spay or neuter program shall only be conducted at the surgery clinic at the Kansas state university medical center in Manhattan, Kansas. Students shall only spay or neuter any dog or cat that belongs to the pound or animal shelter, and shall not spay or neuter any dog or cat that belongs to a member or the public. No pound or animal shelter shall designate the veterinarian which a person must use, or a list from which a person must select a veterinarian, to spay or neuter a dog or cat transferred by such person from such pound or animal shelter. Any premises located in the state of Kansas where the spaying, neutering or any other practice of veterinary medicine occurs shall register such premises with the board of veterinary examiners. (c) With the written approval of the livestock commissioner, any pound or shelter may use an innovative spay or neuter program not precisely meeting the requirements of subsection (a)(2), if the pound or shelter can prove to the commissioner that it is actively enforcing the spaying and neutering requirements set forth in this statute. (d) Nothing in this section shall be construed to require sterilization of a dog or cat which is being held by a pound or animal shelter and which may be claimed by its rightful owner within the holding period established in K.S.A. 47-1710, and amendments thereto. (e) The livestock commissioner shall promulgate rules and regulations as may be necessary to carry out the provisions of this section. Sec. 3. On July 1, 2011, K.S.A. 2010 Supp. 74-32,181 is hereby amended to read as follows: 74-32,181. (a) This section is subject to the provisions of K.S.A. 2010 Supp. 74-32,181a, and amendments thereto. (b)(a) The state board shall fix, charge and collect fees for certificates of approval, registration of representatives and providing
transcripts to students who attended an institution that has ceased operation not to exceed the following amounts by adopting rules and regulations for such purposes, subject to the following limitations: (1) For institutions domiciled or having their principal place of business within the state of Kansas: Initial issuance of certificate of approval nondegree granting not more than ......................................... $1,700 Initial issuance of certificate of approval degree granting not more than ................................................ $2,000 Renewal of certificate of approval nondegree granting not more than ..................................................... $1,200 Renewal of certificate of approval degree granting not more than .......................................................... $1,600 Initial registration of representative not more than .... $150 Annual renewal of registration of representative not more than .......................................................... $100 Initial application fees: Non-degree granting institution ............................... $2,000 Degree granting institution .................................... $3,000 Initial evaluation fee (in addition to initial application fees): Non-degree level ................................................. $750 Associate degree level ........................................... $1,000 Baccalaureate degree level ...................................... $2,000 Masters degree level ............................................ $3,000 Professional or doctoral degree level ........................... $4,000 Renewal application fees: Non-degree granting institution ................... 2% of gross tuition, but not less than $800, nor more than $25,000 Degree granting institution ........................ 2% of gross tuition, but not less than $1,600, nor more than $25,000 New program submission fees, for each new program: Non-degree program ............................................ $250 Associate degree program ...................................... $500 Baccalaureate degree program .................................. $750 Masters degree program ....................................... $1,000 Professional or doctoral degree program ...................... $2,000 Program modification fee, for each program .................. $100 Branch campus site fees, for each branch campus site: Initial non-degree granting institution ....................... $1,500 Initial degree granting institution ............................. $2,500 Renewal branch campus site fees, for each branch campus site: Non-degree granting institution ................... 2% of gross tuition, but not less than $800, nor more than $25,000 Degree granting institution ........................ 2% of gross tuition, but not less than $1,600, nor more than $25,000 Onsite branch campus review fee, for each site .............. $250 Representative fees: Initial registration ............................................... $200 Renewal of registration ......................................... $150 Late submission of renewal of application fee ................ $125 Student transcript copy fee ..................................... $10 Returned check fee ............................................... $50 Changes in institution profile fees: Change of institution name .................................... $100 Change of institution location ................................. $100 Change of ownership only ...................................... $100 (2) For institutions domiciled or having their principal place of business outside the state of Kansas:
Initial issuance of certificate of approval nondegree granting not more than . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $3,400 Initial issuance of certificate of approval degree granting not more than . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $3,800 Renewal of certificate of approval nondegree granting not more than . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,400 Renewal of certificate of approval degree granting not more than . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,800 Initial registration of representative not more than . . . . . . . . . $300 Annual renewal of registration of representative not more than . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $200 Student transcript from institution that has ceased operation not more than . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $10 Initial application fees: Non-degree granting institution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $4,000 Degree granting institution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $5,500 (continued)
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Initial evaluation fee (in addition to initial application fees): Non-degree level . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,500 Associate degree level . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,000 Baccalaureate degree level . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $3,000 Masters degree level . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $4,000 Professional or doctoral degree level . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $5,000 Renewal application fees: Non-degree granting institution . . . . . . . . . . . . . . . . . . . . . . . 3% of gross tuition, but not less than $2,400 nor more than $25,000 Degree granting institution . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3% of gross tuition, but not less than $3,000 nor more than $25,000 New program submission fees, for each new program: Non-degree program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $500 Associate degree program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $750 Baccalaureate degree program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,000 Masters degree program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,500 Professional or doctoral degree program . . . . . . . . . . . . . . . . . . . . . . . . . $2,500 Program modification fee, for each program . . . . . . . . . . . . . . . . . . . . . $100 Branch campus site fees, for each branch campus site: Initial non-degree granting institution . . . . . . . . . . . . . . . . . . . . . . . . . . . $4,000 Initial degree granting institution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $5,500 Renewal branch campus site fees, for each branch campus site: Non-degree granting institution . . . . . . . . . . . . . . . . . . . . . . . 3% of gross tuition, but not less than $2,400 nor more than $25,000 Degree granting institution . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3% of gross tuition, but not less than $3,000 nor more than $25,000 Onsite branch campus review fee, for each site . . . . . . . . . . . . . . . . . . $500 Representative fees: Initial registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $350 Renewal of registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $250 Late submission of renewal of application fee . . . . . . . . . . . . . . . . . . . . $125 Student transcript copy fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $10 Returned check fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $50 Changes in institution profile fees: Change of institution name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $100 Change of institution location . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $100 Change of ownership only . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $100
(c) (b) Fees shall not be refundable. (d) (c) If there is a change in the ownership of an institution and, if at the same time, there also are changes in the institutions programs of instruction, location, entrance requirements or other changes, the institution shall be required to submit an application for an initial certificate of approval and shall pay all applicable fees associated with an initial application. (e) (d) An application for renewal shall be deemed late if the applicant fails to submit a completed application for renewal, or documentation requested by the state board to complete the renewal process, before the expiration date of the current certificate of approval. (f) (e) The state board shall determine on or before June 1 of each year the amount of revenue which will be required to properly carry out and enforce the provisions of the Kansas private and outof-state postsecondary educational institution act for the next ensuing fiscal year and shall fix the fees authorized for such year at the sum deemed necessary for such purposes within the limits of this section. Prior to adoption of any such fees, the state board shall afford the advisory commission an opportunity to make recommendations on the proposed fees. (g) (f) Fees may be charged to conduct onsite reviews for degree granting and non-degree granting institutions or to review curriculum in content areas where the state board does not have expertise. (g) The provisions of this section shall expire on June 30, 2012. Sec. 4. On July 1, 2011, K.S.A. 2010 Supp. 76-762 is hereby amended to read as follows: 76-762. (a) There is hereby created in the custody of the state treasurer the following funds at each state educational institution from which the housing system shall be operated: (1) A housing system suspense fund; (2) a housing system operations fund; and (3) a housing system repairs, equipment and improvement fund. (b) Payments received for rents and boarding fees and other charges in connection with the operation of the housing system shall be remitted to the state treasurer in accordance with the pro Kansas Secretary of State 2011
visions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the housing system suspense fund or the housing system operations fund as directed by the state educational institution. (c) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the housing system suspense fund, the housing system operations fund and the housing system repairs, equipment and improvement fund of each state educational institution interest earnings based on: (1) The aggregate of (A) the average daily balance of moneys in the housing system suspense fund (B) the average daily balance of moneys in the housing system operations fund, and (C) the average daily balance of moneys in the housing system repairs, equipment and improvement fund of the state educational institution for the preceding month; and (2) the net earnings rate for the pooled money investment portfolio for the preceding month. (d) The housing system operations fund shall be used to pay the expenses of operation of the housing systems and for the operation and maintenance of the system. The state educational institution shall transferTransfers may be made from the housing system suspense fund to the housing system operations fund in amounts needed for the operation and maintenance of the system as determined by the state educational institution. Each state educational institution shall establish such accounts within the housing system operations fund as are required for the efficient management of the system. (e) The housing system repairs, improvements and equipment fund shall be used for repairs, equipment, improvements and expansion of the housing system that cannot be financed from the housing system operations fund. Transfers may be made to this fund from the housing system suspense fund or the housing system operations fund as determined by the state educational institution. Expenditures from this fund may be made for projects that have been approved by the state board of regents. Sec. 5. On July 1, 2011, K.S.A. 19-5003 and K.S.A. 2010 Supp. 74-32,181, 74-32,181a and 76-762 are hereby repealed. Sec. 6. K.S.A. 47-1731 is hereby repealed. Sec. 7. This act shall take effect and be in force from and after its publication in the Kansas register.
SENATE BILL No. 67

AN ACT concerning gubernatorial inauguration contributions; amending K.S.A. 25-4186 and repealing the existing section; and also repealing K.S.A. 25-4188. Be it enacted by the Legislature of the State of Kansas: Section 1. K.S.A. 25-4186 is hereby amended to read as follows: 25-4186. (a) Not later than 10 days after receiving any contribution or making any expenditure for a gubernatorial inauguration, the governor-elect shall appoint an inaugural treasurer. The name and address of such treasurer shall be reported to the secretary of state by the governor-elect not later than 10 days after the appointment. (b) No person shall make any expenditure or make or receive any contribution or receipt, in kind or otherwise, for a gubernatorial inauguration except by or through the inaugural treasurer. (c) The inaugural treasurer shall keep detailed accounts of all contributions and other receipts received, in kind or otherwise, and all expenditures made for a gubernatorial inauguration. Accounts of the treasurer may be inspected under conditions determined by the commission and shall be preserved for a period to be designated by the commission. Every person who receives a contribution or other receipt, in kind or otherwise, for an inaugural treasurer more than five days before the ending date of any period for which a report is required under this section, on demand of the treasurer, or in any event on or before the ending date of the reporting period, shall remit the same and render to the treasurer an account thereof, including the name and address of the person, if known, making the contribution or other receipt and the date received. No contribution or other receipt received by the inaugural
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treasurer shall be commingled with personal funds of the governor-elect or inaugural treasurer. (d) The inaugural treasurer shall file with the secretary of state a report on March 10 and July 10 following the inauguration. The report filed on March 10 shall be for the period ending on February 28 and the report filed on July 10 shall be for the period beginning on March 1 and ending on June 30. Each report shall contain the information required to be stated in a report pursuant to K.S.A. 254148 and 25-4148a, and amendments thereto, and a declaration as to the correctness of the report in the form prescribed by K.S.A. 254151, and amendments thereto. The July 10 report shall be a termination report which shall include full information as to the disposition of residual funds. If a report is sent by certified mail on or before the day it is due, the mailing shall constitute receipt by the secretary of state. (e) The aggregate amount contributed, in kind or otherwise, by any person for a gubernatorial inauguration shall not exceed $2,000. No person shall make a contribution in the name of another person, and no person knowingly shall accept a contribution made by one person in the name of another. No person shall give or accept any contribution in excess of $10 unless the name and address of the contributor is made known to the individual receiving the contribution. The aggregate of contributions for which the name and address of the contributor is not known shall not exceed 50% of the amount one person may contribute. (f) No person shall copy any name of a contributor from any report filed under this section and use such name for any commercial purpose, and no person shall use any name for a commercial purpose with knowledge that such name was obtained solely by copying information relating to contributions contained in any report filed under this section. (g) In addition to other reports required by this section, the inaugural treasurer shall report the amount and nature of debts and obligations owed for the gubernatorial inauguration, at times prescribed by the commission, continuing until such debts and obligations are fully paid or discharged. (h) No moneys received by any inaugural treasurer shall be used or be made available for the personal use of the governorelect or governor and no such moneys shall be used by such governor-elect or governor except for legitimate gubernatorial inauguration expenses. For the purpose of this subsection, expenditures for personal use shall include expenditures to defray normal living expenses and expenditures for personal benefit having no direct connection with or effect upon the inauguration. (i) (1) Before the filing of a termination report in accordance with this section, all residual funds not otherwise obligated for the payment of expenses incurred for the gubernatorial inauguration shall be remitted to the state treasurer who shall deposit the entire amount in the state treasury and credit: (1) to the inaugural expense fund created by K.S.A. 25-4187, and amendments thereto: (A), in an amount equal to the amount certified to the director of accounts and reports by the adjutant general as the amount expended by the adjutant general for expenses incurred in connection with the gubernatorial inauguration; or (B), or if the amount of residual funds is less than the amount certified, the entire amount of the deposit; and or. (2) to the governmental ethics commission fee fund created by K.S.A. 25-4119e, and amendments thereto, any remaining balance. (2) Any residual funds not otherwise obligated shall either be: (A) Donated to any charitable organization which qualifies as a 501(c)(3) not-for-profit corporation under the federal internal revenue code; or (B) shall be remitted to the state treasurer who shall deposit the entire amount in the state treasury and credit such money to the executive mansion gifts fund for the purpose of funding expenditures relating to the governors residence, historic properties or both. Such expenditures shall be subject to approval of the governors residence advisory commission. (j) (1) The commission shall send a notice by registered or certified mail to any inaugural treasurer who fails to file any report required by this section within the time period prescribed therefor. The notice shall state that the required report has not been filed with the office of the secretary of state. The notice also shall state that the treasurer shall have 15 days from the date such notice is deposited in the mail to comply with the reporting requirements
before a civil penalty shall be imposed for each day that the required documents remain unfiled. If the treasurer fails to comply within the prescribed period, the treasurer shall pay to the state a civil penalty of $10 per day for each day that the report remains unfiled, except that no such civil penalty shall exceed $300. The commission may waive, for good cause, payment of any civil penalty imposed by this subsection. (2) Civil penalties provided for by this subsection shall be paid to the state treasurer, who shall deposit the entire amount in the state treasury and credit it to the governmental ethics commission fee fund. (3) If a person fails to pay a civil penalty provided for by this section, it shall be the duty of the commission to bring an action to recover such civil penalty in the district court of Shawnee county. (k) Any violation of subsection (e), (f) or (h) or any intentional failure to file any report required by this section is a class A misdemeanor. (l) Nothing in this section shall be construed to apply to expenditures of state moneys related to any inaugural activity. (m) This section shall be part of and supplemental to the campaign finance act. Sec. 2. K.S.A. 25-4186 and 25-4188 are hereby repealed. Sec. 3. This act shall take effect and be in force from and after its publication in the Kansas register.
HOUSE BILL No. 2076

AN ACT concerning insurance; municipal pools; relating to certain filings with the insurance commissioner; relating to certain records of the insurance departments anti-fraud division; relating to surplus lines insurance; relating to the surplus lines insurance multi-state compliance compact; amending K.S.A. 12-2620, 40246c, 40-246e and 44-584 and K.S.A. 2010 Supp. 12-2618 and 40246b and repealing the existing sections; also repealing K.S.A. 2010 Supp. 40-2,118. Be it enacted by the Legislature of the State of Kansas: Section 1. From and after July 1, 2011, K.S.A. 2010 Supp. 122618 is hereby amended to read as follows: 12-2618. Application for a certificate of authority to operate a pool shall be made to the commissioner of insurance not less than 30 60 days prior to the proposed inception date of the pool. The application shall include the following: (a) A copy of the bylaws of the proposed pool, a copy of the articles of incorporation, if any, and a copy of all agreements and rules of the proposed pool. If any of the bylaws, articles of incorporation, agreements or rules are changed, the pool shall notify the commissioner within 30 days after such change. (b) Designation of the initial board of trustees and administrator. When there is a change in the membership of the board of trustees or change of administrator, the pool shall notify the commissioner within 30 days after such change. (c) The address where the books and records of the pool will be maintained at all times. If this address is changed, the pool shall notify the commissioner within 30 days after such change. (d) Evidence that the annual Kansas gross premium of the pool will be not less than $250,000 for each of the categories described in subparagraphs (1) through (4) of this subsection: (1) All property insurance under article 9 of chapter 40 of the Kansas Statutes Annotated except motor vehicle physical damage; (2) motor vehicle liability and physical damage insurance; (3) workers compensation and employers liability insurance; (4) all casualty insurance under article 11 of chapter 40 of the Kansas Statutes Annotated except insurance under categories (2) and (3) above; (5) group sickness and accident insurance if at the date of issue the annual gross premium for such coverage will be not less than $1,000,000; and (6) group life insurance if at the date of issue the coverage will insure at least 60% of the eligible participants or the total number of persons covered will exceed 600. The pool shall notify the commissioner within 30 days if the minimum premium qualification
(continued)
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or participation requirement is less than that specified in this subsection for any of the above categories of insurance. (e) An agreement binding the group and each member thereof to comply with the provisions of the workers compensation act if such coverage is to be provided by the pool. For all lines of coverage, all members of the pool shall be jointly liable for the payment of claims to the extent of the assets of the pool. (f) A copy of the procedures adopted by the pool to provide services with respect to underwriting matters and, with respect to the categories identified in subsection (d)(1) through (4), safety engineering. (g) A copy of the procedures adopted by the pool to provide claims adjusting and accumulation of income and expense and loss data. (h) A confirmation that specific and aggregate excess insurance provided by an insurance company holding a Kansas certificate of authority or reinsurance approved by the commissioner is or will be in effect concurrent with the assumption of risk by the pool, as selected by the board of trustees of the pool, or adequate surplus funds as approved by the commissioner, in the pool. The pool shall notify the commissioner within 30 days of any change in the specific or aggregate excess insurance or reinsurance carried by the pool. For the purposes hereof, surplus funds shall mean retained earnings of the pool after reserves have been established for all known and incurred but not reported losses of the pool and after all other liabilities of the pool, including unearned premium reserves, have been deducted from total assets. The term adequate surplus funds shall mean the amount necessary for the pool to fund its self-insured obligations. (i) After evaluating the application the commissioner shall notify the applicant if the plan submitted is inadequate, fully explaining to the applicant what additional requirements must be met. If the application is denied, the applicant shall have 10 days to make an application for hearing by the commissioner after the denial notice is received. A record shall be made of such hearing, and the cost thereof shall be assessed against the applicant requesting the hearing. (j) Any other relevant factors the commissioner may deem necessary. Sec. 2. From and after July 1, 2011, K.S.A. 12-2620 is hereby amended to read as follows: 12-2620. (a) All certificates granted hereunder shall be perpetual unless sooner suspended or revoked by the commissioner or the attorney general. (b) Whenever the commissioner shall deem it necessary the commissioner may make, or direct to be made, an examination of the affairs and the financial condition of any pool, except that once every five years the commissioner shall conduct an examination of the affairs and the financial condition of each pool. Each pool shall submit a certified independent audited financial statement no later than 90 150 days after the end of the fiscal year. The financial statement shall include outstanding reserves for claims and for claims incurred but not reported. Each pool shall file reports as to income, expenses and loss data at such times and in such manner as the commissioner shall require. Any pool which does not use rates developed by an approved rating organization shall file with the commissioner an actuarial certification that such rates are actuarially sound. Whenever it appears to the commissioner from such examination or other satisfactory evidence that the ability to pay current and future claims of any such pool is impaired, or that it is doing business in violation of any of the laws of this state, or that its affairs are in an unsound condition so as to endanger its ability to pay or cause to be paid claims in the amount, manner and time due, the commissioner shall, before filing such report or making the same public, grant such pool upon reasonable notice a hearing, and, if on such hearing the report be confirmed, the commissioner may require any of the actions allowed under K.S.A. 40222b and amendments thereto or suspend the certificate of authority for such pool until its ability to pay current and future claims shall have been fully restored and the laws of the state fully complied with. The commissioner may, if there is an unreasonable delay in restoring the ability to pay claims of such pool and in complying with the law or if rehabilitation or corrective action taken under K.S.A. 40-222b and amendments thereto is unsuccessful, revoke the certificate of authority of such pool to do business in this state. Upon revoking any such certificate the commissioner
shall communicate the fact to the attorney general, whose duty it shall be to commence and prosecute an action in the proper court to dissolve such pool or to enjoin the same from doing or transacting business in this state. The commissioner of insurance may call a hearing under K.S.A. 40-222b, and amendments thereto, and the provisions thereof shall apply to group-funded pools. (c) On an annual basis, or within 30 days of any change thereto, each pool shall supply to the commissioner the name and qualifications of the designated administrator of the pools and the terms of the specific and aggregate excess insurance contracts of the pool. New Sec. 3. From and after July 1, 2011, (a) For purposes of this act a fraudulent insurance act means an act committed by any person who, knowingly and with intent to defraud, presents, causes to be presented or prepares with knowledge or belief that it will be presented to or by an insurer, purported insurer, broker or any agent thereof, any written statement as part of, or in support of, an application for the issuance of, or the rating of an insurance policy for personal or commercial insurance, or a claim for payment or other benefit pursuant to an insurance policy for commercial or personal insurance which such person knows to contain materially false information concerning any fact material thereto; or conceals, for the purpose of misleading, information concerning any fact material thereto. (b) An insurer that has knowledge or a good faith belief that a fraudulent insurance act is being or has been committed shall provide to the commissioner, on a form prescribed by the commissioner, any and all information and such additional information relating to such fraudulent insurance act as the commissioner may require. (c) Any other person that has knowledge or a good faith belief that a fraudulent insurance act is being or has been committed may provide to the commissioner, on a form prescribed by the commissioner, any and all information and such additional information relating to such fraudulent insurance act as the commissioner may request. (d) (1) Each insurer shall have antifraud initiatives reasonably calculated to detect fraudulent insurance acts. Antifraud initiatives may include: Fraud investigators, who may be insurer employees or independent contractors; or an antifraud plan submitted to the commissioner no later than July 1, 2007. Each insurer that submits an antifraud plan shall notify the commissioner of any material change in the information contained in the antifraud plan within 30 days after such change occurs. Such insurer shall submit to the commissioner in writing the amended antifraud plan. The requirement for submitting any antifraud plan, or any amendment thereof, to the commissioner shall expire on the date specified in paragraph (2) of this subsection unless the legislature reviews and reenacts the provisions of paragraph (2) pursuant to K.S.A. 45-229, and amendments thereto. (2) Any antifraud plan, or any amendment thereof, submitted to the commissioner for informational purposes only shall be confidential and not be a public record and shall not be subject to discovery or subpoena in a civil action unless following an in camera review, the court determines that the antifraud plan is relevant and otherwise admissible under the rules of evidence set forth in article 4 of chapter 60 of the Kansas Statutes Annotated, and amendments thereto. The provisions of this paragraph shall expire on July 1, 2016, unless the legislature reviews and reenacts this provision pursuant to K.S.A. 45-229, and amendments thereto, prior to July 1, 2016. (e) Except as otherwise specifically provided in K.S.A. 21-3718, and amendments thereto, and K.S.A. 44-5,125, and amendments thereto, a fraudulent insurance act shall constitute a severity level 6, nonperson felony if the amount involved is $25,000 or more; a severity level 7, nonperson felony if the amount is at least $5,000 but less than $25,000; a severity level 8, nonperson felony if the amount is at least $1,000 but less than $5,000; and a class C nonperson misdemeanor if the amount is less than $1,000. Any combination of fraudulent acts as defined in subsection (a) which occur in a period of six consecutive months which involves $25,000 or more shall have a presumptive sentence of imprisonment regardless of its location on the sentencing grid block. (f) In addition to any other penalty, a person who violates this statute shall be ordered to make restitution to the insurer or any other person or entity for any financial loss sustained as a result of
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such violation. An insurer shall not be required to provide coverage or pay any claim involving a fraudulent insurance act. (g) This act shall apply to all insurance applications, ratings, claims and other benefits made pursuant to any insurance policy. Sec. 4. From and after July 1, 2011, K.S.A. 2010 Supp. 44-584 is hereby amended to read as follows: 44-584. (a) The application for a new certificate shall be signed by the trustees of the trust fund created by the pool. Any application for a renewal of an existing certificate shall meet at least the standards established in subsections (a)(6) through (a)(14) of K.S.A. 44-582, and amendments thereto. After evaluating the application the commissioner shall notify the applicant that the plan submitted is approved or conversely, if the plan submitted is inadequate, the commissioner shall then fully explain to the applicant what additional requirements must be met. If the application is denied, the applicant shall have 15 days to make an application for hearing by the commissioner after service of the denial notice. The hearing shall be conducted in accordance with the provisions of the Kansas administrative procedure act. (b) An approved certificate of authority shall remain in full force and effect until such certificate is suspended or revoked by the commissioner. An existing pool operating under an approved certificate of authority must file with the commissioner, within 120 days following the close of the pools fiscal year, a current financial statement on a form approved by the commissioner showing the financial ability of the pool to meet its obligations under the worker compensation act and confirmation of specific and aggregate excess insurance as required by law for the pool. If an existing pools certificate of authority is suspended or revoked, such pool shall have the same rights to a hearing by the commissioner as for applicants for new certificates of authority as set forth in subsection (a) above. (c) Whenever the commissioner shall deem it necessary the commissioner may make, or direct to be made, an examination of the affairs and financial condition of any pool in accordance with K.S.A. 40-222 and 40-223, and amendments thereto, except that once every five years the commissioner shall conduct an examination of the affairs and financial condition of each pool. Each pool shall submit a certified independent audited financial statement no later than 90 150 days after the end of the pools fiscal year. The financial statement shall include outstanding reserves for claims and for claims incurred but not reported. Each pool shall file payroll records, accident experience and compensation reports and such other reports and statements at such times and in such manner as the commissioner shall require. Whenever it appears to the commissioner from such examination or other satisfactory evidence that the solvency of any such pool is impaired, or that it is doing business in violation of any of the laws of this state, or that its affairs are in an unsound condition so as to endanger its ability to pay or cause to be paid the compensation in the amount, manner and time due as provided for in the Kansas workers compensation act, the commissioner shall, before filing such report or making the same public, grant such pool upon reasonable notice a hearing in accordance with the provisions of the Kansas administrative procedure act, and, if on such hearing the report be confirmed, the commissioner shall suspend the certificate of authority for such pool until its solvency shall have been fully restored and the laws of the state fully complied with. The commissioner may, if there is an unreasonable delay in restoring the solvency of such pool and in complying with the law, revoke the certificate of authority of such pool to do business in this state. Upon revoking any such certificate the commissioner shall communicate the fact to the attorney general, whose duty it shall be to commence and prosecute an action in the proper court to dissolve such pool or to enjoin the same from doing or transacting business in this state. The commissioner of insurance may call a hearing under K.S.A. 40-222b, and amendments thereto, and the provisions shall apply to group workers compensation pools. New Sec. 5. Sections 5 through 7, and amendments thereto, may be cited as the Surplus Lines Insurance Multi-State Compliance Compact. PREAMBLE WHEREAS, with regard to Non-Admitted Insurance policies with risk exposures located in multiple states, the 111th United
States Congress, has stipulated in Title V, Subtitle B the Non-Admitted and Reinsurance Reform Act of 2010, of the Dodd-Frank Wall Street Reform and Consumer Protection Act, hereafter, the NRRA, that: (A) The placement of Non-Admitted Insurance shall be subject to the statutory and regulatory requirements solely of the insureds Home State, and (B) Any law, regulation, provision, or action of any State that applies or purports to apply to Non-Admitted Insurance sold to, solicited by, or negotiated with an insured whose Home State is another State shall be preempted with respect to such application; except that any State law, rule, or regulation that restricts the placement of workers compensation insurance or excess insurance for self-funded workers compensation plans with a Non-Admitted Insurer shall not be preempted. WHEREAS, in compliance with NRRA, no State other than the Home State of an insured may require any Premium Tax payment for Non-Admitted Insurance; and no State other than an insureds Home State may require a Surplus Lines Broker to be licensed in order to sell, solicit, or negotiate Non-Admitted Insurance with respect to such insured; WHEREAS, the NRRA intends that the States may enter into a compact or otherwise establish procedures to allocate among the States the premium taxes paid to an insureds Home State; and that each State adopt nationwide uniform requirements, forms, and procedures, such as an interstate compact, that provide for the reporting, payment, collection, and allocation of premium taxes for Non-Admitted Insurance; WHEREAS, after the expiration of the two-year period beginning on the date of the enactment of the NRRA, a State may not collect any fees relating to licensing of an individual or entity as a Surplus Lines Licensee in the State unless the State has in effect at such time laws or regulations that provide for participation by the State in the national insurance producer database of the NAIC, or any other equivalent uniform national database, for the licensure of Surplus Lines Licensees and the renewal of such licenses; WHEREAS, a need exists for a system of regulation that will provide for Surplus Lines Insurance to be placed with reputable and financially sound Non-Admitted Insurers, and that will permit orderly access to Surplus Lines Insurance in this state and encourage insurers to make new and innovative types of insurance available to consumers in this state; WHEREAS, protecting the revenue of this state and other Compacting States may be accomplished by facilitating the payment and collection of Premium Tax on Non-Admitted Insurance and providing for allocation of Premium Tax for Non-Admitted Insurance of Multi-State Risks among the States in accordance with Uniform Allocation Formulas; WHEREAS, the efficiency of the surplus lines market may be improved by eliminating duplicative and inconsistent tax and regulatory requirements among the States, and by promoting and protecting the interests of Surplus Lines Licensees who assist such insureds and Non-Admitted Insurers, thereby ensuring the continued availability of Non-Admitted Insurance to consumers; WHEREAS, regulatory compliance with respect to Non-Admitted Insurance placements may be streamlined by providing for exclusive single-state regulatory compliance for Non-Admitted Insurance of Multi-State Risks, thereby providing certainty regarding such compliance to all persons who have an interest in such transactions, including but not limited to insureds, regulators, Surplus Lines Licensees, other insurance producers, and Surplus Lines Insurers; WHEREAS, coordination of regulatory resources and expertise between State insurance departments and other State agencies, as well as State surplus lines stamping offices, with respect to NonAdmitted Insurance will be improved; NOW, THEREFORE, in consideration of the foregoing, the State of Kansas and the various other States do hereby solemnly covenant and agree, each with the other as follows: ARTICLE I Purpose The purposes of this Compact are: 1. To implement the express provisions of the NRRA.
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2. To protect the Premium Tax revenues of the Compacting States through facilitating the payment and collection of Premium Tax on Non-Admitted Insurance; and to protect the interests of the Compacting States by supporting the continued availability of such insurance to consumers; and to provide for allocation of Premium Tax for Non-Admitted Insurance of Multi-State Risks among the States in accordance with uniform Allocation Formulas to be developed, adopted, and implemented by the Commission. 3. To streamline and improve the efficiency of the surplus lines market by eliminating duplicative and inconsistent tax and regulatory requirements among the States; and promote and protect the interest of Surplus Lines Licensees who assist such insureds and Surplus Lines Insurers, thereby ensuring the continued availability of Surplus Lines Insurance to consumers. 4. To streamline regulatory compliance with respect to Non-Admitted Insurance placements by providing for exclusive singlestate regulatory compliance for Non-Admitted Insurance of MultiState Risks, in accordance with Rules to be adopted by the Commission, thereby providing certainty regarding such compliance to all persons who have an interest in such transactions, including but not limited to insureds, regulators, Surplus Lines Licensees, other insurance producers, and Surplus Lines Insurers. 5. To establish a Clearinghouse for receipt and dissemination of Premium Tax and Clearinghouse Transaction Data related to NonAdmitted Insurance of Multi-State Risks, in accordance with Rules to be adopted by the Commission. 6. To improve coordination of regulatory resources and expertise between State insurance departments and other State agencies, as well as State surplus lines stamping offices, with respect to NonAdmitted Insurance. 7. To adopt uniform Rules to provide for Premium Tax payment, reporting, allocation, data collection and dissemination for NonAdmitted Insurance of Multi-State Risks and Single-State Risks, in accordance with Rules to be adopted by the Commission, thereby promoting the overall efficiency of the Non-Admitted Insurance market. 8. To adopt uniform mandatory Rules with respect to regulatory compliance requirements for: (i) foreign Insurer Eligibility Requirements; (ii) surplus lines Policyholder Notices; 9. To establish the Surplus Lines Insurance Multi-State Compliance Compact Commission. 10. To coordinate reporting of Clearinghouse Transaction Data on Non-Admitted Insurance of Multi-State Risks among Compacting States and Contracting States. 11. To perform these and such other related functions as may be consistent with the purposes of the Surplus Lines Insurance MultiState Compliance Compact. ARTICLE II Definitions For purposes of this Compact the following definitions shall apply: 1. Admitted Insurer means an insurer that is licensed, or authorized, to transact the business of insurance under the law of the Home State; for purposes of this Compact Admitted Insurer shall not include a domestic surplus lines insurer as may be defined by applicable State law. 2. Affiliate means with respect to an insured, any entity that controls, is controlled by, or is under common control with the insured. 3. Allocation Formula means the uniform methods promulgated by the Commission by which insured risk exposures will be apportioned to each State for the purpose of calculating Premium Taxes due. 4. Bylaws means those bylaws established by the Commission for its governance, or for directing or controlling the Commissions actions or conduct. 5. Clearinghouse means the Commissions operations involving the acceptance, processing, and dissemination, among the Compacting States, Contracting States, Surplus Lines Licensees, insureds and other persons, of Premium Tax and Clearinghouse Transaction Data for Non-Admitted Insurance of Multi-State Risks, in accordance with this Compact and Rules to be adopted by the Commission.
6. Clearinghouse Transaction Data means the information regarding Non-Admitted Insurance of Multi-State Risks required to be reported, accepted, collected, processed, and disseminated by Surplus Lines Licensees for Surplus Lines Insurance and insureds for Independently Procured Insurance under this Compact and Rules to be adopted by the Commission. Clearinghouse Transaction Data includes information related to Single-State Risks if a state elects to have the Clearinghouse collect taxes on Single-State Risks for such state. 7. Compacting State means any State which has enacted this Compact legislation and which has not withdrawn pursuant to Article XIV, Section 1, or been terminated pursuant to Article XIV, Section 2. 8. Commission means the Surplus Lines Insurance MultiState Compliance Compact Commission established by this Compact. 9. Commissioner means the chief insurance regulatory official of a State including, but not limited to commissioner, superintendent, director or administrator or their designees. 10. Contracting State means any State which has not enacted this Compact legislation but has entered into a written contract with the Commission to utilize the services of and fully participate in the Clearinghouse. 11. Control An entity has control over another entity if: (A) The entity directly or indirectly or acting through one or more other persons own, controls, or has the power to vote 25% or more of any class of voting securities of the other entity; or (B) the entity controls in any manner the election of a majority of the directors or trustees of the other entity. 12. Home State (A) IN GENERAL. Except as provided in subparagraph (B), the term Home State means, with respect to an insured: (i) the State in which an insured maintains its principal place of business or, in the case of an individual, the individuals principal residence; or (ii) if 100% of the insured risk is located out of the State referred to in subparagraph (A)(i), the State to which the greatest percentage of the insureds taxable premium for that insurance contract is allocated. (B) AFFILIATED GROUPS. If more than one insured from an affiliated group are named insureds on a single Non-Admitted Insurance contract, the term Home State means the Home State, as determined pursuant to subparagraph (A), of the member of the affiliated group that has the largest percentage of premium attributed to it under such insurance contract. 13. Independently Procured Insurance means insurance procured by an insured directly from a Surplus Lines Insurer or other Non-Admitted Insurer as permitted by the laws of the Home State. 14. Insurer Eligibility Requirements means the criteria, forms and procedures established to qualify as a Surplus Lines Insurer under the law of the Home State provided that such criteria, forms and procedures are consistent with the express provisions of the NRRA on and after July 21, 2011. 15. Member means the person or persons chosen by a Compacting State as its representative or representatives to the Commission provided that each Compacting State shall be limited to one vote. 16. Multi-State Risk means a risk with insured exposures in more than one State. 17. Non-Compacting State means any State which has not adopted this Compact. 18. Non-Admitted Insurance means Surplus Lines Insurance and Independently Procured Insurance. 19. Non-Admitted Insurer means an insurer that is not authorized or admitted to transact the business of insurance under the law of the Home State. 20. NRRA means the Non-Admitted and Reinsurance Reform Act which is Title V, Subtitle B of the Dodd-Frank Wall Street Reform and Consumer Protection Act. 21. Policyholder Notice means the disclosure notice or stamp that is required to be furnished to the applicant or policyholder in connection with a Surplus Lines Insurance placement. 22. Premium Tax means with respect to Non-Admitted Insurance, any tax, fee, assessment, or other charge imposed by a government entity directly or indirectly based on any payment made
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as consideration for such insurance, including premium deposits, assessments, registration fees, and any other compensation given in consideration for a contract of insurance. 23. Principal Place of Business means with respect to determining the Home State of the insured, the state where the insured maintains its headquarters and where the insureds high-level officers direct, control and coordinate the business activities of the insured. 24. Purchasing Group means any group formed pursuant to the Liability Risk Retention Act which has as one of its purposes the purchase of liability insurance on a group basis, purchases such insurance only for its group members and only to cover their similar or related liability exposure and is composed of members whose businesses or activities are similar or related with respect to the liability to which members are exposed by virtue of any related, similar or common business, trade, product, services, premises or operations and is domiciled in any State. 25. Rule means a statement of general or particular applicability and future effect promulgated by the Commission designed to implement, interpret, or prescribe law or policy or describing the organization, procedure or practice requirements of the Commission which shall have the force and effect of law in the Compacting States. 26. Single-State Risk means a risk with insured exposures in only one State. 27. State means any state, district or territory of the United States of America. 28. State Transaction Documentation means the information required under the laws of the Home State to be filed by Surplus Lines Licensees in order to report Surplus Lines Insurance and verify compliance with surplus lines laws, and by insureds in order to report Independently Procured Insurance. 29. Surplus Lines Insurance means insurance procured by a Surplus Lines Licensee from a Surplus Lines Insurer or other NonAdmitted Insurer as permitted under the law of the Home State; for purposes of this Compact Surplus Lines Insurance shall also mean excess lines insurance as may be defined by applicable State law. 30. Surplus Lines Insurer means a Non-Admitted Insurer eligible under the law of the Home State to accept business from a Surplus Lines Licensee; for purposes of this Compact Surplus Lines Insurer shall also mean an insurer which is permitted to write Surplus Lines Insurance under the laws of the state where such insurer is domiciled. 31. Surplus Lines Licensee means an individual, firm or corporation licensed under the law of the Home State to place Surplus Lines Insurance. ARTICLE III Establishment of the Commission and Venue 1. The Compacting States hereby create and establish a joint public agency known as the Surplus Lines Insurance Multi-State Compliance Compact Commission. 2. Pursuant to Article IV, the Commission will have the power to adopt mandatory Rules which establish exclusive Home State authority regarding Non-Admitted Insurance of Multi State Risks, Allocation Formulas, Clearinghouse Transaction Data, a Clearinghouse for receipt and distribution of allocated Premium Tax and Clearinghouse Transaction Data, and uniform rulemaking procedures and Rules for the purpose of financing, administering, operating and enforcing compliance with the provisions of this Compact, its Bylaws and Rules. 3. Pursuant to Article IV, the Commission will have the power to adopt mandatory Rules establishing foreign Insurer Eligibility Requirements and a concise and objective Policyholder Notice regarding the nature of a surplus lines placement. 4. The Commission is a body corporate and politic, and an instrumentality of the Compacting States. 5. The Commission is solely responsible for its liabilities except as otherwise specifically provided in this Compact. 6. Venue is proper and judicial proceedings by or against the Commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located. The Commission may waive venue and jurisdic-
tional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings. ARTICLE IV Authority to Establish Mandatory Rules The Commission shall adopt mandatory Rules which establish: 1. Allocation Formulas for each type of Non-Admitted Insurance coverage, which Allocation Formulas must be used by each Compacting State and Contracting State in acquiring Premium Tax and Clearinghouse Transaction Data from Surplus Lines Licensees and insureds for reporting to the Clearinghouse created by the Compact Commission. Such Allocation Formulas will be established with input from Surplus lines Licensees and be based upon readily available data with simplicity and uniformity for the Surplus Line Licensee as a material consideration. 2. Uniform Clearinghouse Transaction Data reporting requirements for all information reported to the Clearinghouse. 3. Methods by which Compacting States and Contracting States require Surplus Lines Licensees and insureds to pay Premium Tax and to report Clearinghouse Transaction Data to the Clearinghouse, including but not limited to processing Clearinghouse Transaction Data through State stamping and service offices, State insurance departments, or other State designated agencies or entities. 4. That Non-Admitted Insurance of Multi-State Risks shall be subject to all of the regulatory compliance requirements of the Home State exclusively. Home State regulatory compliance requirements applicable to Surplus Lines Insurance shall include but not be limited to, (i) person(s) required to be licensed to sell, solicit, or negotiate Surplus Lines Insurance; (ii) Insurer Eligibility Requirements or other approved Non-Admitted Insurer requirements; (iii) Diligent Search; (iv) State Transaction Documentation and Clearinghouse Transaction Data regarding the payment of Premium Tax as set forth in this Compact and Rules to be adopted by the Commission. Home State regulatory compliance requirements applicable to Independently Procured Insurance placements shall include but not be limited to providing State Transaction Documentation and Clearinghouse Transaction Data regarding the payment of Premium Tax as set forth in this Compact and Rules to be adopted by the Commission. 5. That each Compacting State and Contracting State may charge its own rate of taxation on the premium allocated to such State based on the applicable Allocation Formula provided that the state establishes one single rate of taxation applicable to all Non-Admitted Insurance transactions and no other tax, fee assessment or other charge by any governmental or quasi governmental agency be permitted. Notwithstanding the foregoing, stamping office fees may be charged as a separate, additional cost unless such fees are incorporated into a states single rate of taxation. 6. That any change in the rate of taxation by any Compacting State or Contracting State be restricted to changes made prospectively on not less than 90 days advance notice to the Compact Commission. 7. That each Compacting State and Contracting State shall require Premium Tax payments either annually, semi-annually, or quarterly utilizing one or more of the following dates only: March 1, June 1, September 1, and December 1. 8. That each Compacting State and Contracting State prohibit any other State agency or political subdivision from requiring Surplus Lines Licensees to provide Clearinghouse Transaction Data and State Transaction Documentation other than to the insurance department or tax officials of the Home State or one single designated agent thereof. 9. The obligation of the Home State by itself, through a designated agent, surplus lines stamping or service office, to collect Clearinghouse Transaction Data from Surplus Line Licensees and from insureds for Independently Procured Insurance, where applicable, for reporting to the Clearinghouse. 10. A method for the Clearinghouse to periodically report to Compacting States, Contracting States, Surplus Lines Licensees and insureds who independently procure insurance, all Premium Taxes owed to each of the Compacting States and Contracting States, the dates upon which payment of such Premium Taxes are due and a method to pay them through the Clearinghouse.
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11. That each Surplus Line Licensee is required to be licensed only in the Home State of each insured for whom Surplus Lines Insurance has been procured. 12. That a policy considered to be Surplus Lines Insurance in the insureds Home State shall be considered Surplus Lines Insurance in all Compacting States and Contracting States, and taxed as a Surplus Lines transaction in all states to which a portion of the risk is allocated. Each Compacting State and Contracting State shall require each Surplus Lines Licensee to pay to every other Compacting State and Contracting State Premium Taxes on each MultiState Risk through the Clearinghouse at such tax rate charged on surplus lines transactions in such other Compacting States and Contracting States on the portion of the risk in each such Compacting State and Contracting State as determined by the applicable uniform Allocation Formula adopted by the Commission. A policy considered to be Independently Procured Insurance in the insureds Home State shall be considered Independently Procured Insurance in all Compacting States and Contracting States. Each Compacting State and Contracting State shall require the insured to pay every other Compacting State and Contracting State the Independently Procured Insurance Premium Tax on each MultiState Risk through the Clearinghouse pursuant to the uniform Allocation Formula adopted by the Commission. 13. Uniform foreign Insurer Eligibility Requirements as authorized by the NRRA. 14. A uniform Policyholder Notice. 15. Uniform treatment of Purchasing Group Surplus Lines Insurance placements. ARTICLE V Powers of the Commission The Commission shall have the following powers: 1. To promulgate Rules and operating procedures, pursuant to Article VIII of this Compact, which shall have the force and effect of law and shall be binding in the Compacting States to the extent and in the manner provided in this Compact; 2. To bring and prosecute legal proceedings or actions in the name of the Commission, provided that the standing of any State insurance department to sue or be sued under applicable law shall not be affected; 3. To issue subpoenas requiring the attendance and testimony of witnesses and the production of evidence, provided however, the Commission is not empowered to demand or subpoena records or data from Non-Admitted Insurers; 4. To establish and maintain offices including the creation of a Clearinghouse for the receipt of Premium Tax and Clearinghouse Transaction Data regarding Non-Admitted Insurance of MultiState Risks, Single-State Risks for states which elect to require Surplus Lines Licensees to pay Premium Tax on Single State Risks through the Clearinghouse and tax reporting forms; 5. To purchase and maintain insurance and bonds; 6. To borrow, accept or contract for services of personnel, including, but not limited to, employees of a Compacting State or stamping office, pursuant to an open, transparent, objective competitive process and procedure adopted by the Commission; 7. To hire employees, professionals or specialists, and elect or appoint officers, and to fix their compensation, define their duties and give them appropriate authority to carry out the purposes of the Compact, and determine their qualifications, pursuant to an open, transparent, objective competitive process and procedure adopted by the Commission; and to establish the Commissions personnel policies and programs relating to conflicts of interest, rates of compensation and qualifications of personnel, and other related personnel matters; 8. To accept any and all appropriate donations and grants of money, equipment, supplies, materials and services, and to receive, utilize and dispose of the same; provided that at all times the Commission shall avoid any appearance of impropriety and/or conflict of interest; 9. To lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve or use, any property, real, personal or mixed; provided that at all times the Commission shall avoid any appearance of impropriety and/or conflict of interest; 10. To sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property real, personal or mixed;
11. To provide for tax audit Rules and procedures for the Compacting States with respect to the allocation of Premium Taxes including: a. Minimum audit standards, including sampling methods, b. Review of internal controls, c. Cooperation and sharing of audit responsibilities between Compacting States, d. Handling of refunds or credits due to overpayments or improper allocation of Premium Taxes, e. Taxpayer records to be reviewed including a minimum retention period, f. Authority of Compacting States to review, challenge, or reaudit taxpayer records. 12. To enforce compliance by Compacting States and Contracting States with Rules, and Bylaws pursuant to the authority set forth in Article XIV; 13. To provide for dispute resolution among Compacting States and Contracting States; 14. To advise Compacting States and Contracting States on taxrelated issues relating to insurers, insureds, Surplus Lines Licensees, agents or brokers domiciled or doing business in Non-Compacting States, consistent with the purposes of this Compact; 15. To make available advice and training to those personnel in State stamping offices, State insurance departments or other State departments for record keeping, tax compliance, and tax allocations; and to be a resource for State insurance departments and other State departments; 16. To establish a budget and make expenditures; 17. To borrow money; 18. To appoint and oversee committees, including advisory committees comprised of Members, State insurance regulators, State legislators or their representatives, insurance industry and consumer representatives, and such other interested persons as may be designated in this Compact and the Bylaws; 19. To establish an Executive Committee of not less than seven (7) nor more than fifteen (15) representatives, which shall include officers elected by the Commission and such other representatives as provided for herein and determined by the Bylaws. Representatives of the Executive Committee shall serve a one year term. Representatives of the Executive Committee shall be entitled to one vote each. The Executive Committee shall have the power to act on behalf of the Commission, with the exception of rulemaking, during periods when the Commission is not in session. The Executive Committee shall oversee the day to day activities of the administration of the Compact, including the activities of the Operations Committee created under this Article and compliance and enforcement of the provisions of the Compact, its Bylaws, and Rules, and such other duties as provided herein and as deemed necessary. 20. To establish an Operations Committee of not less than seven (7) and not more than fifteen (15) representatives to provide analysis, advice, determinations and recommendations regarding technology, software, and systems integration to be acquired by the Commission and to provide analysis, advice, determinations and recommendations regarding the establishment of mandatory Rules to be adopted to be by the Commission. 21. To enter into contracts with Contracting States so that Contracting States can utilize the services of and fully participate in the Clearinghouse subject to the terms and conditions set forth in such contracts; 22. To adopt and use a corporate seal; and 23. To perform such other functions as may be necessary or appropriate to achieve the purposes of this Compact consistent with the State regulation of the business of insurance. ARTICLE VI Organization of the Commission 1. Membership, Voting and Bylaws a. Each Compacting State shall have and be limited to one Member. Each State shall determine the qualifications and the method by which it selects a Member and set forth the selection process in the enabling provision of the legislation which enacts this Compact. In the absence of such a provision the Member shall be appointed by the governor of such Compacting State. Any Member may be removed or suspended from office as provided by the law
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of the State from which he or she shall be appointed. Any vacancy occurring in the Commission shall be filled in accordance with the laws of the Compacting State wherein the vacancy exists. b. Each Member shall be entitled to one (1) vote and shall otherwise have an opportunity to participate in the governance of the Commission in accordance with the Bylaws. c. The Commission shall, by a majority vote of the Members, prescribe Bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes and exercise the powers of the Compact including, but not limited to: i. Establishing the fiscal year of the Commission; ii. Providing reasonable procedures for holding meetings of the Commission, the Executive Committee and the Operations Committee; iii. Providing reasonable standards and procedures: (i) for the establishment and meetings of committees, and (ii) governing any general or specific delegation of any authority or function of the Commission; iv. Providing reasonable procedures for calling and conducting meetings of the Commission that consist of a majority of Commission Members, ensuring reasonable advance notice of each such meeting and providing for the right of citizens to attend each such meeting with enumerated exceptions designed to protect the publics interest, the privacy of individuals, and insurers and Surplus Lines Licensees proprietary information, including trade secrets. The Commission may meet in camera only after a majority of the entire membership votes to close a meeting in toto or in part. As soon as practicable, the Commission must make public: (i) a copy of the vote to close the meeting revealing the vote of each Member with no proxy votes allowed, and (ii) votes taken during such meeting; v. Establishing the titles, duties and authority and reasonable procedures for the election of the officers of the Commission; vi. Providing reasonable standards and procedures for the establishment of the personnel policies and programs of the Commission. Notwithstanding any civil service or other similar 18 laws of any Compacting State, the Bylaws shall exclusively govern the personnel policies and programs of the Commission; vii. Promulgating a code of ethics to address permissible and prohibited activities of Commission Members and employees; viii. Providing a mechanism for winding up the operations of the Commission and the equitable disposition of any surplus funds that may exist after the termination of the Compact after the payment and/or reserving of all of its debts and obligations; d. The Commission shall publish its Bylaws in a convenient form and file a copy thereof and a copy of any amendment thereto, with the appropriate agency or officer in each of the Compacting States. 2. Executive Committee, Personnel and Chairperson a. An Executive Committee of the Commission (Executive Committee) shall be established. All actions, of the Executive Committee, including compliance and enforcement are subject to the review and ratification of the Commission as provided in the Bylaws. The Executive Committee shall have no more than fifteen (15) representatives, or one for each State if there are less than fifteen (15) Compacting States, who shall serve for a term and be established in accordance with the Bylaws. b. The Executive Committee shall have such authority and duties as may be set forth in the Bylaws, including but not limited to: i. Managing the affairs of the Commission in a manner consistent with the Bylaws and purposes of the Commission; ii. Establishing and overseeing an organizational structure within, and appropriate procedures for the Commission to provide for the creation of Rules and operating procedures. iii. Overseeing the offices of the Commission; and iv. Planning, implementing, and coordinating communications and activities with other State, federal and local government organizations in order to advance the goals of the Commission. c. The Commission shall annually elect officers from the Executive Committee, with each having such authority and duties, as may be specified in the Bylaws. d. The Executive Committee may, subject to the approval of the Commission, appoint or retain an executive director for such period, upon such terms and conditions and for such compensation as the Commission may deem appropriate. The executive director shall serve as secretary to the Commission, but shall not be a Mem-
ber of the Commission. The executive director shall hire and supervise such other persons as may be authorized by the Commission. 3. Operations Committee a. An Operations Committee shall be established. All actions of the Operations Committee are subject to the review and oversight of the Commission and the Executive Committee and must be approved by the Commission. The Executive Committee will accept the determinations and recommendations of the Operations Committee unless good cause is shown why such determinations and recommendations should not be approved. Any disputes as to whether good cause exists to reject any determination or recommendation of the Operations Committee shall be resolved by the majority vote of the Commission. The Operations Committee shall have no more than fifteen (15) representatives or one for each State if there are less than fifteen (15) Compacting States, who shall serve for a term and shall be established as set forth in the Bylaws. The Operations Committee shall have responsibility for: i. Evaluating technology requirements for the Clearinghouse, assessing existing systems used by state regulatory agencies and state stamping offices to maximize the efficiency and successful integration of the Clearinghouse technology systems with state and state stamping office technology platforms and to minimize costs to the states, state stamping offices and the Clearinghouse. ii. Making recommendations to the Executive Committee based on its analysis and determination of the Clearinghouse technology requirements and compatibility with existing state and state stamping office systems. iii. Evaluating the most suitable proposals for adoption as mandatory Rules, assessing such proposals for ease of integration by states, and likelihood of successful implementation and to report to the Executive Committee its determinations and recommendations. iv. Such other duties and responsibilities as are delegated to it by the Bylaws, the Executive Committee or the Commission. b. All representatives of the Operations Committee shall be individuals who have extensive experience and/or employment in the Surplus Lines Insurance business including but not limited to executives and attorneys employed by Surplus Line Insurers, Surplus Line Licensees, Law Firms, State Insurance Departments and or State stamping offices. Operations Committee representatives from Compacting States which utilize the services of a state stamping office must appoint the Chief Operating Officer or a senior manager of the state stamping office to the Operations Committee. 4. Legislative and Advisory Committees a. A legislative committee comprised of State legislators or their designees shall be established to monitor the operations of and make recommendations to, the Commission, including the Executive Committee; provided that the manner of selection and term of any legislative committee member shall be as set forth in the Bylaws. Prior to the adoption by the Commission of any Uniform Standard, revision to the Bylaws, annual budget or other significant matter as may be provided in the Bylaws, the Executive Committee shall consult with and report to the legislative committee. b. The Commission may establish additional advisory committees as its Bylaws may provide for the carrying out of its functions. 5. Corporate Records of the Commission The Commission shall maintain its corporate books and records in accordance with the Bylaws. 6. Qualified Immunity, Defense and Indemnification a. The Members, officers, executive director, employees and representatives of the Commission, the Executive Committee and any other Committee of the Commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties or responsibilities; provided that nothing in this paragraph shall be construed to protect any such person from suit and/or liability for any damage, loss, injury or liability caused by the intentional or willful or wanton misconduct of that person.
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b. The Commission shall defend any Member, officer, executive director, employee or representative of the Commission, the Executive Committee or any other Committee of the Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error or omission that occurred within the scope of Commission employment, duties or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining his or her own counsel; and provided further, that the actual or alleged act error or omission did not result from that persons intentional or willful or wanton misconduct. c. The Commission shall indemnify and hold harmless any Member, officer, executive director, employee or representative of the Commission, Executive Committee or any other Committee of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error or omission that occurred within the scope of Commission employment, duties or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of Commission employment, duties or responsibilities, provided that the actual or alleged act, error or omission did not result from the intentional or willful or wanton misconduct of that person. ARTICLE VII Meetings and Acts of the Commission 1. The Commission shall meet and take such actions as are consistent with the provisions of this Compact and the Bylaws. 2. Each Member of the Commission shall have the right and power to cast a vote to which that Compacting State is entitled and to participate in the business and affairs of the Commission. A Member shall vote in person or by such other means as provided in the Bylaws. The Bylaws may provide for Members participation in meetings by telephone or other means of communication. 3. The Commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the Bylaws. 4. Public notice shall be given of all meetings and all meetings shall be open to the public, except as set forth in the Rules or otherwise provided in the Compact. 5. The Commission shall promulgate Rules concerning its meetings consistent with the principles contained in the Government in the Sunshine Act, 5 U.S.C., 552b, as may be amended. 6. The Commission and its committees may close a meeting, or portion thereof, where it determines by majority vote that an open meeting would be likely to: a. Relate solely to the Commissions internal personnel practices and procedures; b. Disclose matters specifically exempted from disclosure by federal and State statute; c. Disclose trade secrets or commercial or financial information which is privileged or confidential; d. Involve accusing a person of a crime, or formally censuring a person; e. Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy; f. Disclose investigative records compiled for law enforcement purposes; g. Specifically relate to the Commissions issuance of a subpoena, or its participation in a civil action or other legal proceeding. 7. For a meeting, or portion of a meeting, closed pursuant to this provision, the Commissions legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exemptive provision. The Commission shall keep minutes which shall fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed and the record of a roll call vote. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the Commission. ARTICLE VIII Rules and Operating Procedures: Rulemaking Functions of the Commission
Rulemaking functions of the Commission: 1. Rulemaking Authority.The Commission shall promulgate reasonable Rules in order to effectively and efficiently achieve the purposes of this Compact. Notwithstanding the foregoing, in the event the Commission exercises its rulemaking authority in a manner that is beyond the scope of the purposes of this Act, or the powers granted hereunder, then such an action by the Commission shall be invalid and have no force or effect. 2. Rulemaking Procedure.Rules shall be made pursuant to a rulemaking process that substantially conforms to the Model State Administrative Procedure Act, of 1981 Act, Uniform Laws Annotated, Vol. 15, p.1 (2000) as amended, as may be appropriate to the operations of the Commission. 3. Effective DateAll Rules and amendments, thereto, shall become effective as of the date specified in each Rule, operating procedure or amendment. 4. Not later than thirty (30) days after a Rule is promulgated, any person may file a petition for judicial review of the Rule; provided that the filing of such a petition shall not stay or otherwise prevent the Rule from becoming effective unless the court finds that the Petitioner has a substantial likelihood of success. The court shall give deference to the actions of the Commission consistent with applicable law and shall not find the Rule to be unlawful if the Rule represents a reasonable exercise of the Commissions authority. ARTICLE IX Commission Records and Enforcement 1. The Commission shall promulgate Rules establishing conditions and procedures for public inspection and copying of its information and official records, except such information and records involving the privacy of individuals, insurers, insureds or Surplus Lines Licensee trade secrets. State Transaction Documentation and Clearinghouse Transaction Data collected by the Clearinghouse shall be used for only those purposes expressed in or reasonably implied under the provisions of this Compact and the Commission shall afford this data the broadest protections as permitted by any applicable law for proprietary information, trade secrets or personal data. The Commission may promulgate additional Rules under which it may make available to federal and State agencies, including law enforcement agencies, records and information otherwise exempt from disclosure, and may enter into agreements with such agencies to receive or exchange information or records subject to nondisclosure and confidentiality provisions. 2. Except as to privileged records, data and information, the laws of any Compacting State pertaining to confidentiality or nondisclosure shall not relieve any Compacting State Member of the duty to disclose any relevant records, data or information to the Commission; provided that disclosure to the Commission shall not be deemed to waive or otherwise affect any confidentiality requirement, and further provided that, except as otherwise expressly provided in this Act, the Commission shall not be subject to the Compacting States laws pertaining to confidentiality and nondisclosure with respect to records, data and information in its possession. Confidential information of the Commission shall remain confidential after such information is provided to any Member, and the Commission shall maintain the confidentiality of any information provided by a member that is confidential under that Members State Law. 3. The Commission shall monitor Compacting States for compliance with duly adopted Bylaws and Rules. The Commission shall notify any non-complying Compacting State in writing of its noncompliance with Commission Bylaws or Rules. If a non-complying Compacting State fails to remedy its noncompliance within the time specified in the notice of noncompliance, the Compacting State shall be deemed to be in default as set forth in Article XIV. ARTICLE X Dispute Resolution 1. Before a Member may bring an action in a court of competent jurisdiction for violation of any provision, standard or requirement of the Compact, the Commission shall attempt, upon the request of a Member, to resolve any disputes or other issues that are subject to this Compact and which may arise between two or more Compacting States, Contracting States or Non-Compacting States, and
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the Commission shall promulgate a Rule providing alternative dispute resolution procedures for such disputes. 2. The Commission shall also provide alternative dispute resolution procedures to resolve any disputes between insureds or Surplus Lines Licensees concerning a tax calculation or allocation or related issues which are the subject of this Compact. 3. Any alternative dispute resolution procedures shall be utilized in circumstances where a dispute arises as to which State constitutes the Home State. ARTICLE XI Review of Commission Decisions Regarding Commission decisions: 1. Except as necessary for promulgating Rules to fulfill the purposes of this Compact, the Commission shall not have authority to otherwise regulate insurance in the Compacting States. 2. Not later than thirty (30) days after the Commission has given notice of any Rule or Allocation Formula, any third party filer or Compacting State may appeal the determination to a review panel appointed by the Commission. The Commission shall promulgate Rules to establish procedures for appointing such review panels and provide for notice and hearing. An allegation that the Commission, in making compliance or tax determinations acted arbitrarily, capriciously, or in a manner that is an abuse of discretion or otherwise not in accordance with the law, is subject to judicial review in accordance with Article III, Section 6. 3. The Commission shall have authority to monitor, review and reconsider Commission decisions upon a finding that the determinations or allocations do not meet the relevant Rule. Where appropriate, the Commission may withdraw or modify its determination or allocation after proper notice and hearing, subject to the appeal process in Section 2 above. ARTICLE XII Finance 1. The Commission shall pay or provide for the payment of the reasonable expenses of its establishment and organization. To fund the cost of its initial operations the Commission may accept contributions, grants, and other forms of funding from the State stamping offices, Compacting States and other sources. 2. The Commission shall collect a fee payable by the insured directly or through a Surplus Lines Licensee on each transaction processed through the Compact Clearinghouse, to cover the cost of the operations and activities of the Commission and its staff in a total amount sufficient to cover the Commissions annual budget. 3. The Commissions budget for a fiscal year shall not be approved until it has been subject to notice and comment as set forth in Article VIII of this Compact. 4. The Commission shall be regarded as performing essential governmental functions in exercising such powers and functions and in carrying out the provisions of this Compact and of any law relating thereto, and shall not be required to pay any taxes or assessments of any character, levied by any State or political subdivision thereof, upon any of the property used by it for such purposes, or any income or revenue therefrom, including any profit from a sale or exchange. 5. The Commission shall keep complete and accurate accounts of all its internal receipts, including grants and donations, and disbursements for all funds under its control. The internal financial accounts of the Commission shall be subject to the accounting procedures established under its Bylaws. The financial accounts and reports including the system of internal controls and procedures of the Commission shall be audited annually by an independent certified public accountant. Upon the determination of the Commission, but not less frequently than every three (3) years, the review of the independent auditor shall include a management and performance audit of the Commission. The Commission shall make an annual report to the Governor and legislature of the Compacting States, which shall include a report of the independent audit. The Commissions internal accounts shall not be confidential and such materials may be shared with the Commissioner, the controller, or the stamping office of any Compacting State upon request provided, however, that any work papers related to any internal or independent audit and any information regarding the privacy of
individuals, and licensees and insurers proprietary information, including trade secrets, shall remain confidential. 6. No Compacting State shall have any claim to or ownership of any property held by or vested in the Commission or to any Commission funds held pursuant to the provisions of this Compact. 7. The Commission shall not make any political contributions to candidates for elected office, elected officials, political parties nor political action committees. The Commission shall not engage in lobbying except with respect to changes to this Compact. ARTICLE XIII Compacting States, Effective Date and Amendment 1. Any State is eligible to become a Compacting State. 2. The Compact shall become effective and binding upon legislative enactment of the Compact into law by two (2) Compacting States, provided the Commission shall become effective for purposes of adopting Rules, and creating the Clearinghouse when there are a total of ten (10) Compacting States and Contracting States or, alternatively, when there are Compacting States and Contracting States representing greater than forty percent (40%) of the Surplus Lines Insurance premium volume based on records of the percentage of Surplus Lines Insurance premium set forth in Appendix A hereto. Thereafter, it shall become effective and binding as to any other Compacting State upon enactment of the Compact into law by that State. Notwithstanding the foregoing, the Clearinghouse operations and the duty to report Clearinghouse Transaction Data shall begin on the first January 1st or July 1st following the first anniversary of the Commission effective date. For States which join the Compact subsequent to the effective date, a start date for reporting Clearinghouse Transaction Data shall be set by the Commission provided Surplus Lines Licensees and all other interested parties receive not less than 90 days advance notice. 3. Amendments to the Compact may be proposed by the Commission for enactment by the Compacting States. No amendment shall become effective and binding upon the Commission and the Compacting States unless and until all Compacting States enact the amendment into law. ARTICLE XIV Withdrawal, Default and Termination 1. Withdrawal a. Once effective, the Compact shall continue in force and remain binding upon each and every Compacting State, provided that a Compacting State may withdraw from the Compact (Withdrawing State) by enacting a statute specifically repealing the statute which enacted the Compact into law. b. The effective date of withdrawal is the effective date of the repealing statute. However, the withdrawal shall not apply to any tax or compliance determinations approved on the date the repealing statute becomes effective, except by mutual agreement of the Commission and the Withdrawing State unless the approval is rescinded by the Commission. c. The Member of the Withdrawing State shall immediately notify the Executive Committee of the Commission in writing upon the introduction of legislation repealing this Compact in the Withdrawing State. d. The Commission shall notify the other Compacting States of the introduction of such legislation within ten (10) days after its receipt of notice thereof. e. The Withdrawing State is responsible for all obligations, duties and liabilities incurred through the effective date of withdrawal, including any obligations, the performance of which extend beyond the effective date of withdrawal. To the extent those obligations may have been released or relinquished by mutual agreement of the Commission and the Withdrawing State, the Commissions determinations prior to the effective date of withdrawal shall continue to be effective and be given full force and effect in the Withdrawing State, unless formally rescinded by the Commission. f. Reinstatement following withdrawal of any Compacting State shall occur upon the effective date of the Withdrawing State reenacting the Compact. 2. Default a. If the Commission determines that any Compacting State has at anytime defaulted (Defaulting State) in the performance of
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any of its obligations or responsibilities under this Compact, the Bylaws or duly promulgated Rules then after notice and hearing as set forth in the Bylaws, all rights, privileges and benefits conferred by this Compact on the Defaulting State shall be suspended from the effective date of default as fixed by the Commission. The grounds for default include, but are not limited to, failure of a Compacting State to perform its obligations or responsibilities, and any other grounds designated in Commission Rules. The Commission shall immediately notify the Defaulting State in writing of the Defaulting States suspension pending a cure of the default. The Commission shall stipulate the conditions and the time period within which the Defaulting State must cure its default. If the Defaulting State fails to cure the default within the time period specified by the Commission, the Defaulting State shall be terminated from the Compact and all rights, privileges and benefits conferred by this Compact shall be terminated from the effective date of termination. b. Decisions of the Commission that are issued on the effective date of termination shall remain in force in the Defaulting State in the same manner as if the Defaulting State had withdrawn voluntarily pursuant to Section 1 of this Article. c. Reinstatement following termination of any Compacting State requires a reenactment of the Compact. 3. Dissolution of Compact a. The Compact dissolves effective upon the date of the withdrawal or default of the Compacting State which reduces membership in the Compact to one Compacting State. b. Upon the dissolution of this Compact, the Compact becomes null and void and shall have no further force or effect, and the business and affairs of the Commission shall be wound up and any surplus funds shall be distributed in accordance with the Rules and Bylaws. ARTICLE XV Severability and Construction 1. The provisions of this Compact shall be severable and if any phrase, clause, sentence or provision is deemed unenforceable, the remaining provisions of the Compact shall be enforceable. 2. The provisions of this Compact shall be liberally construed to effectuate its purposes. 3. Throughout this Compact the use of the singular shall include the plural and vice-versa. 4. The headings and captions of articles, sections and sub-sections used in this Compact are for convenience only and shall be ignored in construing the substantive provisions of this Compact. ARTICLE XVI Binding Effect of Compact and Other Laws 1. Other Laws a. Nothing herein prevents the enforcement of any other law of a Compacting State except as provided in Paragraph b. of this section. b. Decisions of the Commission, and any Rules, and any other requirements of the Commission shall constitute the exclusive Rule, or determination applicable to the Compacting States. Any law or regulation regarding Non-Admitted Insurance of MultiState Risks that is contrary to Rules of the Commission, is preempted with respect to the following: (i) Clearinghouse Transaction Data reporting requirements; (ii) Allocation Formula; (iii) Clearinghouse Transaction Data collection requirements; (iv) Premium Tax payment time frames and Rules concerning dissemination of data among the Compacting States for Non-Admitted Insurance of Multi-State Risks and Single-State Risks; (v) Exclusive compliance with surplus lines law of the Home State of the insured; and (vi) Rules for reporting to a Clearinghouse for receipt and distribution of Clearinghouse Transaction Data related to Non-Admitted Insurance of Multi-State Risks; (vii) Uniform foreign Insurers Eligibility Requirements; (viii) Uniform Policyholder Notice; and (ix) Uniform treatment of Purchasing Groups procuring NonAdmitted Insurance. c. Except as stated in paragraph b, any Rule, Uniform Standard or other requirement of the Commission shall constitute the exclu Kansas Secretary of State 2011
sive provision that a Commissioner may apply to compliance or tax determinations. Notwithstanding the foregoing, no action taken by the Commission shall abrogate or restrict: (i) the access of any person to State courts; (ii) the availability of alternative dispute resolution under Article X of this Compact (iii) remedies available under State law related to breach of contract, tort, or other laws not specifically directed to compliance or tax determinations; (iv) State law relating to the construction of insurance contracts; or (v) the authority of the attorney general of the State, including but not limited to maintaining any actions or proceedings, as authorized by law. 2. Binding Effect of this Compact a. All lawful actions of the Commission, including all Rules promulgated by the Commission, are binding upon the Compacting States, except as provided herein. b. All agreements between the Commission and the Compacting States are binding in accordance with their terms. c. Upon the request of a party to a conflict over the meaning or interpretation of Commission actions, and upon a majority vote of the Compacting States, the Commission may issue advisory opinions regarding the meaning or interpretation in dispute. This provision may be implemented by Rule at the discretion of the Commission. d. In the event any provision of this Compact exceeds the constitutional limits imposed on the legislature of any Compacting State, the obligations, duties, powers or jurisdiction sought to be conferred by that provision upon the Commission shall be ineffective as to that State and those obligations, duties, powers or jurisdiction shall remain in the Compacting State and shall be exercised by the agency thereof to which those obligations, duties, powers or jurisdiction are delegated by law in effect at the time this Compact becomes effective. Surplus Line Insurance Premiums by State Appendix A State Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Premiums based on taxes paid 445,746,000 89,453,519 663,703,267 201,859,750 5,622,450,467 543,781,333 329,358,800 92,835,950 2,660,908,760 895,643,150 232,951,489 74,202,255 1,016,504,629 412,265,320 135,130,933 160,279,300 167,996,133 853,173,280 60,111,200 434,887,600 708,640,225 703,357,040 393,128,400 263,313,175 404,489,860 64,692,873 92,141,167 354,271,514 102,946,250 1,087,994,033 67,608,458 2,768,618,083 514,965,060 36,223,943 342,000,000 319,526,400 312,702,150 780,666,667 Share of Total Premiums 1.47% 0.29% 2.18% 0.66% 18.49% 1.79% 1.08% 0.31% 8.75% 2.95% 0.77% 0.24% 3.34% 1.36% 0.44% 0.53% 0.55% 2.81% 0.20% 1.43% 2.33% 2.31% 1.29% 0.87% 1.33% 0.21% 0.30% 1.17% 0.34% 3.58% 0.22% 9.11% 1.69% 0.12% 1.12% 1.05% 1.03% 2.57%
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Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming Total 71,794,067 412,489,825 38,702,120 451,775,240 3,059,170,454 142,593,412 41,919,433 611,530,667 739,932,050 130,476,250 248,758,333 40,526,967 30,400,197,251
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0.24% 1.36% 0.13% 1.49% 10.06% 0.47% 0.14% 2.01% 2.43% 0.43% 0.82% 0.13% 100.00%
593
This Data is 2005 Calendar Year Data excerpted from a study dated February 27, 2007 by Mackin & Company. New Sec. 6. The commissioner of insurance shall represent this state on the surplus lines insurance multi-state compliance compact. New Sec. 7. The member representing this state on the surplus lines insurance multi-state compliance compact may be represented thereon by an alternate designated by the commissioner of insurance. Any such alternate shall be an assistant commissioner or a division director of the insurance department. Sec. 8. K.S.A. 2010 Supp. 40-246b is hereby amended to read as follows: 40-246b. The (a) Upon receipt of a proper application, the commissioner of insurance may issue to any duly licensed resident agent of this state, who has been licensed as a fire or casualty, or both, resident agent in this or any other state or combination thereof, for three consecutive years immediately prior to application for the type of license herein prescribed, upon proper application, an excess coverage license to negotiate an excess lines coverage license to any licensed property and casualty agent of this state or any other state. Any agent so licensed may negotiate for insureds whose home state is this state, the types of contracts of fire insurance enumerated in K.S.A. 40-901, and amendments thereto, and the type of casualty insurance contracts enumerated in K.S.A. 40-1102, and amendments thereto, or reinsurance, or to place risks, or to effect insurance or reinsurance for persons or corporations other than such agent, with insurers not authorized to do business in this state. An agent, as defined in K.S.A. 40-241e 2010 Supp. 40-4902, and amendments thereto, may place the kind or kinds of business specified in this act for which such agent is licensed pursuant to K.S.A. 40-240 and 40-241 2010 Supp. 40-4903 and subsection (d) of 404906, and amendments thereto, with an insurer not authorized to do business in this state by placing such business with a person licensed pursuant to the provisions of this act and may share in the applicable commissions on such business. Before any such license shall be issued, the applicant shall submit proper application on a form prescribed by the commissioner, which application shall be accompanied by a fee of $50. Such license shall be renewable each year on May 1, upon the payment of a $50 fee. Excess lines agents licensed by the department on the effective date of this act shall be exempt from the experience requirement. (b) The agent so licensed shall on or before March 1 of each year, file with the insurance department of this state, a sworn affidavit or statement to the effect that, after diligent effort, such agent has been unable to secure the amount of insurance required to protect the property, person, or firm described in such agents affidavit or statement from loss or damage in regularly admitted companies during the preceding year. Mere rate differential shall not be grounds for placing a particular risk in a nonadmitted carrier when an admitted carrier would accept such risk at a different rate. The licensed excess coverage agent must, prior to placing insurance with an insurer not authorized to do business in this state, obtain the written consent of the prospective named insured and provide such insured the following information in a form promulgated by the commissioner: (a) (1) A statement that the coverage will be obtained from an insurer not authorized to do business in this state; (b) (2) a statement that the insurers name appears on the list of companies maintained by the commissioner pursuant to K.S.A. 40-246e, and amendments thereto; (c) (3) a notice that the insurers financial condition, policy forms, rates and trade practices are not subject to the review or jurisdiction of the commissioner;
(d) (4) a statement that the protection of the guaranty associations is not afforded to policyholders of the insurer; and (e) (5) a statement or notice with respect to any other information deemed necessary by the commissioner pertinent to insuring with an insurer not authorized to do business in this state. (c) In the event the insured desires that coverage be bound with an insurer not admitted to this state and it is not possible to obtain the written consent of the insured prior to binding the coverage, the excess lines agent may bind the coverage after advising the insured of the information set out above and shall obtain written confirmation that the insured desires that coverage be placed with an insurer not admitted to this state within 30 days after binding coverage. (d) When business comes to a licensed excess lines agent in which this state is the home state for placement with an insurer not authorized to do business in this state from an agent not licensed as an excess lines agent, it shall be the responsibility of the licensed excess lines agent to ascertain that the insured has been provided the preceding information and has consented to being insured with an insurer not authorized to do business in this state. Each excess lines agent shall keep a separate record book in such agents office showing the transactions of fire and casualty insurance and reinsurance placed in companies not authorized to do business in this state, the amount of gross premiums charged thereon, the insurer in which with which the policy was placed, the date, term and number of the policy, the location and nature of the risk, the name of the assured insured and such other information as the commissioner may require and such record shall be available at all times for inspection by the commissioner of insurance or the commissioners authorized representatives. The commissioner may revoke or suspend any license issued pursuant to the provisions of this act in the same manner and for the same reasons prescribed by K.S.A. 40-242 2010 Supp. 40-4909, and amendments thereto. Any policy issued under the provisions of this statute shall have stamped or endorsed in a prominent manner thereon, the following: This policy is issued by an insurer not authorized to do business in Kansas and, as such, the form, financial condition and rates are not subject to review by the commissioner of insurance and the insured is not protected by any guaranty fund. If business is placed with a nonadmitted company that is subsequently determined to be insolvent, the excess lines agent placing such business with such company is relieved of any responsibility to the insured as it relates to such insolvency, if the excess lines agent has satisfactorily complied with all requirements of this section pertaining to notification of the insured, has properly obtained the written consent of the insured and has used due diligence in selecting the insurer. It shall be presumed that due diligence was used in selecting the insurer if such insurer was on the list compiled pursuant to K.S.A. 40-246e, and amendments thereto, at the time coverage first became effective. Sec. 9. K.S.A. 40-246c is hereby amended to read as follows: 40246c. Each licensed agent shall file with the commissioner on or before March 1 of each year a statement on a form prescribed by the commissioner, accounting for the gross premiums upon all policies written on risks situated in this state up to January 1 in each year for the year next preceding and the licensee shall transmit to the commissioner, with such affidavit or statement, a sum equal to 6% of the gross premiums upon all policies procured by such agent on risks situated in this state written under the provisions of this act. Any individual placing a policy with an insurer not authorized to do business in this state on a risk domiciled in a state other than this state, but also covering a risk or location in Kansas, shall file with the commissioner a statement in the form prescribed by the commissioner, describing the risk and shall pay to the commissioner a sum equal to 6% of the portion of the premium applicable to the risk located in Kansas within 120 days after writing the risk. (a) On March 1 of each year, each licensed agent shall collect and pay to the commissioner a sum based on the total gross premiums charged, less any return premiums, for surplus lines insurance provided by the licensee pursuant to the license. Where the insurance covers properties, risks or exposures located or to be performed both in and out of this state, the sum payable shall be computed based on: (1) An amount equal to 6% of that portion of the gross premiums allocated to this state; plus
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(2) an amount equal to the portion of the premiums allocated to other states or territories on the basis of the tax rates and fees applicable to properties, risks or exposures located or to be performed outside of this state; less (3) the amount of gross premiums allocated to this state and returned to the insured. (b) The tax on any portion of the premium unearned at termination of insurance, if any, having been credited by the state to the licensee shall be returned to the policyholder directly by the surplus lines licensee or through the producing broker. The surplus lines licensee is prohibited from rebating any part of the tax for any reason. To the extent that other states where portions of the properties, risks or exposures reside have failed to enter into a compact or reciprocal allocation procedure with this state, the net premium tax collected shall be retained by this state. (c) The individual responsible for filing the statement shall be the agent who signs the policy or the agent of record with the company. The commissioner of insurance shall collect double the amount of tax herein provided from any licensee or other responsible individual as herein described who shall fail, refuse or neglect to transmit the required affidavit or statement or shall fail to pay the tax imposed by this section, to the commissioner within the period specified. Sec. 10. K.S.A. 40-246e is hereby amended to read as follows: 40-246e. The commissioner shall maintain a list of insurers not authorized to do business in this state for review by any interested person. Only those insurers who have filed a certified copy of their most recent annual statement with the commissioner in the form prescribed by K.S.A. 40-225, and amendments thereto, or, if domiciled outside the United States, have filed their most recent annual statement with the national association of insurance commissioners may appear on the list. No excess lines agent shall place insurance on a Kansas domiciled risk with an insurer whose name does not appear on this list. No company shall appear on the list whose capital or surplus as shown on the annual statement does not equal or exceed $1,500,000 $4,500,000. Individual unincorporated insurers not listed by the national association of insurance commissioners may appear on the list if they are authorized to transact an insurance business in at least one state of the United States, possess assets which are held in trust for the benefit of American policyholders in the sum of not less than $50,000,000 and pay the filing fee required by this section. Insurance exchanges who issue contracts on behalf of their members and pay the filing fee required by this section may appear on the list if their individual members have a capital or surplus equal to or in excess of $1,500,000 and the aggregate capital or surplus of all members of the exchange is at least $15,000,000. A nonrefundable filing fee of $200 shall be required of any insurer submitting its annual statement for review by the commissioner for inclusion on such list. The commissioner shall remove an insurers name from the listing only when: (a) The insurer requests such removal; or (b) the insurer fails to file its latest annual statement and required filing fee prior to May 1 of each year as required by this section; or (c) the commissioner is notified by the insurance supervisory authority of any state of the United States that such insurer has had its authority to transact business restricted; or has been declared insolvent or placed in receivership, conservatorship, rehabilitation or any similar status wherein the business of the insurer is formally supervised by an insurance supervisory authority; or (d) the commissioner is notified by the N.A.I.C. that any insurer domiciled outside the United States has been declared insolvent or placed in receivership, conservatorship, rehabilitation or any similar status wherein the business of the insurer is formally supervised by an insurance supervisory authority pursuant to an order by any court of competent jurisdiction; or (e) the insurer has failed to effectuate reasonably prompt, fair and equitable payment of just losses and claims in this state; or (f) the insurer encourages, promotes or rewards an agent to violate the provisions of K.S.A. 40-246b, and amendments thereto. There shall be no liability on the part of and no cause of action of any nature shall arise against the commissioner, the commissioners employees, or the state of Kansas as a result of any insurers name appearing or not appearing on the list required by this section if such list is constructed and maintained in good faith and without malice. Sec. 11. K.S.A. 40-246c and 40-246e and K.S.A. 2010 Supp. 40246b are hereby repealed.
Sec. 12. From and after July 1, 2011, K.S.A. 12-2620 and K.S.A. 2010 Supp. 12-2618, 40-2,118 and 44-584 are hereby repealed. Sec. 13. This act shall take effect and be in force from and after its publication in the Kansas Register.
HOUSE BILL No. 2195

AN ACT concerning municipalities; establishing the organized collection service act. Be it enacted by the Legislature of the State of Kansas: Section 1. Sections 1 through 3, and amendments thereto, shall be known and may be cited as the organized collection service act. Sec. 2. As used in this act: (a) Municipality means any county, city, township and other political subdivision or taxing subdivision including any board, bureau, commission, committee or other agency having authority to create, regulate or otherwise impact the delivery of collection services. (b) Organized collection service means a system for collecting solid waste, recyclables or both, including franchise, organized collection, or a process in which a municipality goes from multiple haulers to one single contracted hauler in which a specified collector, or a member of an organization of collectors, is authorized to collect from a defined geographic service area or areas some or all of the solid waste or recyclables that is released by generators. (c) Recyclables has the meaning as the term is defined by K.S.A. 65-3402, and amendments thereto. (d) Solid waste has the meaning as the term is defined by K.S.A. 65-3402, and amendments thereto. Sec. 3. (a) A municipality may establish an organized collection service as a municipal service by ordinance, in the case of a city, or by resolution, in the case of other municipalities. The ordinance or resolution shall incorporate any franchise, license, or negotiated contract or contract let by bid using one or more collectors or an organization of collectors. (b) At least 180 days before adopting such an ordinance or resolution, the governing body of the municipality shall announce its intent to consider adoption of an organized collection service, stating specific goals to be achieved, detailed justification for any franchise fees and all other reasons for considering such a service by passage of a resolution of intent. The resolution of intent shall be published once in the official newspaper of the municipality. The resolution of intent shall give notice of a public hearing to be held at least 30 days prior to consideration of the adoption of the resolution of intent on the issue and shall invite the participation of interested persons in the planning and establishing of the organized collection service, including all licensees or other persons operating solid waste or recyclables collection services in the municipality as of the date of announcement of its intent to organize collection in the municipality. (c) During a 90-day period following the adoption of the resolution of intent, the municipality shall develop a plan for organized collection service. During this period, the municipality shall invite and employ the assistance of all licensees or other persons operating solid waste or recyclables collection services in the municipality. All licensees or other persons operating solid waste or recyclables collection services in the municipality shall be allowed to participate in all planning meetings. (d) The municipality shall provide 30 days notice prior to the hearing on the proposed plan to all licensees or other persons operating solid waste collection or recyclables services in the municipality. (e) The plan shall: (1) Describe in detail the procedures used for development of the plan for organized collection service and compliance with all required notice provisions; (2) evaluate the proposed organized collection plan in regard to the following: (A) Achieving the stated goals; (B) minimizing displacement and economic impact to current solid waste collectors;
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(C) ensuring participation in the decision-making process of all interested parties, including all licensees or other persons operating solid waste or recyclables collection services in the municipality as of the date of the resolution of intent to organize collection in the municipality; and (D) maximizing efficiency in solid waste collection; and (3) provide detailed justification for any tax, franchise or similar fee. (f) (1) A municipality may not commence organized collection service pursuant to this act for a period of at least 18 months from the adoption of an ordinance or resolution establishing such service. During the 18-month period the municipality shall not displace any person licensed to operate solid waste collection services in the municipality. (2) If for any reason a municipality does not implement an organized collection service by passage of an ordinance or resolution within one year of the passage of a resolution of intent, the process shall be started over as provided in this section. Sec. 4. (a) This act shall be applied to all municipalities regardless of the stage of development of an organized collection system. (b) The provisions of this act shall not apply to the collection of waste tires as defined by K.S.A. 65-3424(m), and amendments thereto, from any facility for the purpose of recycling or disposal. Sec. 5. This act shall take effect and be in force from and after its publication in the Kansas register.
HOUSE BILL No. 2104

AN ACT concerning mental health information; relating to access by law enforcement officers; amending K.S.A. 2010 Supp. 655603 and repealing the existing section. Be it enacted by the Legislature of the State of Kansas: Section 1. K.S.A. 2010 Supp. 65-5603 is hereby amended to read as follows: 65-5603. (a) The privilege established by K.S.A. 65-5602 and amendments thereto shall not extend to: (1) Any communication relevant to an issue in proceedings to involuntarily commit to treatment a patient for mental illness, alcoholism or drug dependency if the treatment personnel in the course of diagnosis or treatment has determined that the patient is in need of hospitalization; (2) an order for examination of the mental, alcoholic, drug dependency or emotional condition of the patient which is entered by a judge, with respect to the particular purpose for which the examination is ordered; (3) any proceeding in which the patient relies upon any of the aforementioned conditions as an element of the patients claim or defense, or, after the patients death, in any proceeding in which any party relies upon any of the patients conditions as an element of a claim or defense; (4) any communication which forms the substance of information which the treatment personnel or the patient is required by law to report to a public official or to be recorded in a public office, unless the statute requiring the report or record specifically provides that the information shall not be disclosed; (5) any information necessary for the emergency treatment of a patient or former patient if the head of the treatment facility at which the patient is being treated or was treated states in writing the reasons for disclosure of the communication and makes such statement a part of the treatment or medical record of the patient; (6) information relevant to protect a person who has been threatened with substantial physical harm by a patient during the course of treatment, when such person has been specifically identified by the patient, the treatment personnel believes there is substantial likelihood that the patient will act on such threat in the reasonable foreseeable future and the head of the treatment facility has concluded that notification should be given. The patient shall be notified that such information has been communicated; (7) any information from a state psychiatric hospital to appropriate administrative staff of the department of corrections whenever patients have been administratively transferred to a state psy-
chiatric hospital pursuant to the provisions of K.S.A. 75-5209, and amendments thereto; (8) any information to the patient or former patient, except that the head of the treatment facility at which the patient is being treated or was treated may refuse to disclose portions of such records if the head of the treatment facility states in writing that such disclosure will be injurious to the welfare of the patient or former patient; (9) any information to any state or national accreditation, certification or licensing authority, or scholarly investigator, but the head of the treatment facility shall require, before such disclosure is made, a pledge that the name of any patient or former patient shall not be disclosed to any person not otherwise authorized by law to receive such information; (10) any information to the state protection and advocacy system which concerns individuals who reside in a treatment facility and which is required by federal law and federal rules and regulations to be available pursuant to a federal grant-in-aid program; (11) any information relevant to the collection of a bill for professional services rendered by a treatment facility; or (12) any information sought by a coroner serving under the laws of Kansas when such information is material to an investigation or proceeding conducted by the coroner in the performance of such coroners official duties. Information obtained by a coroner under this provision shall be used for official purposes only and shall not be made public unless admitted as evidence by a court or for purposes of performing the coroners statutory duties; (13) any communication and information by and between or among treatment facilities, correctional institutions, jails, juvenile detention facilities or juvenile correctional facilities regarding a proposed patient, patient or former patient for purposes of promoting continuity of care by and between treatment facilities, correctional institutions, jails, juvenile detention facilities or juvenile correctional facilities; the proposed patient, patient, or former patients consent shall not be necessary to share evaluation and treatment records by and between or among treatment facilities, correctional institutions, jails, juvenile detention facilities or juvenile correctional facilities regarding a proposed patient, patient or former patient; (14) the name, date of birth, date of death, name of any next of kin and place of residence of a deceased former patient when that information is sought as part of a genealogical study; or (15) any information concerning a patient or former patient who is a juvenile offender in the custody of the juvenile justice authority when the commissioner of juvenile justice, or the commissioners designee, requests such information.; or (16) (a) information limited to whether a person is or has been a patient of any treatment facility, within the last six months such person having been lawfully arrested by a law enforcement officer, if such law enforcement officer has reasonable suspicion that such person is suffering from mental illness and such law enforcement officer has a reasonable belief that such person may benefit from treatment at a treatment facility rather than being placed in a correctional institution, jail, juvenile correctional facility or juvenile detention facility. Any communication and information obtained by any law enforcement officer regarding such person from such treatment facility shall not be disclosed except as provided by this section. (b) As used in this subsection: (1) Correctional institution means the same as prescribed in K.S.A. 75-5202, and amendments thereto; (2) jail means the same as prescribed in K.S.A. 2010 Supp. 383202, and amendments thereto; (3) juvenile correctional facility means the same as prescribed in K.S.A. 2010 Supp. 38-3202, and amendments thereto; (4) juvenile detention facility means the same as prescribed in K.S.A. 2010 Supp. 38-3202, and amendments thereto; (5) law enforcement officer means the same as prescribed in K.S.A. 22-2202, and amendments thereto; and (6) mental illness means mental disease to such extent that a person so afflicted requires care and treatment for his own welfare, the welfare of others or the welfare of the community. (b) (c) The treatment personnel shall not disclose any information subject to subsection (a)(3) unless a judge has entered an order finding that the patient has made such patients condition
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an issue of the patients claim or defense. The order shall indicate the parties to whom otherwise confidential information must be disclosed. Sec. 2. K.S.A. 2010 Supp. 65-5603 is hereby repealed. Sec. 3. This act shall take effect and be in force from and after its publication in the Kansas register.
SENATE BILL No. 77

AN ACT concerning the employment security act; creating an assessment for the payment of interest on advances received from the federal government; removing the waiting week extension; pertaining to benefits; allowing withholding of taxes from unemployment compensation; amending K.S.A. 2010 Supp. 44703, 44-704a, 44-705, 44-706, 44-710, 44-710a, 44-712, 44-717 and 44-718 and repealing the existing sections. Be it enacted by the Legislature of the State of Kansas: Section 1. K.S.A. 2010 Supp. 44-703 is hereby amended to read as follows: 44-703. As used in this act, unless the context clearly requires otherwise: (a) (1) Annual payroll means the total amount of wages paid or payable by an employer during the calendar year. (2) Average annual payroll means the average of the annual payrolls of any employer for the last three calendar years immediately preceding the computation date as hereinafter defined if the employer has been continuously subject to contributions during those three calendar years and has paid some wages for employment during each of such years. In determining contribution rates for the calendar year, if an employer has not been continuously subject to contribution for the three calendar years immediately preceding the computation date but has paid wages subject to contributions during only the two calendar years immediately preceding the computation date, such employers average annual payroll shall be the average of the payrolls for those two calendar years. (3) Total wages means the total amount of wages paid or payable by an employer during the calendar year, including that part of remuneration in excess of the limitation prescribed as provided in subsection (o)(1) of this section. (b) Base period means the first four of the last five completed calendar quarters immediately preceding the first day of an individuals benefit year, except that the base period in respect to combined wage claims means the base period as defined in the law of the paying state. (1) (A) If an individual lacks sufficient base period wages in order to establish a benefit year in the matter set forth above and satisfies the requirements of subsection (g) of K.S.A. 44-705 and subsection (hh) of K.S.A. 44-703, and amendments thereto, the claimant shall have an alternative base period substituted for the current base period so as not to prevent establishment of a valid claim. For the purposes of this subsection, alternative base period means the last four completed quarters immediately preceding the date the qualifying injury occurred. In the event the wages in the alternative base period have been used on a prior claim, then they shall be excluded from the new alternative base period. (B) If an individual lacks sufficient base period wages in order to establish a benefit year in the manner set forth above the claimant shall have an alternative base period substituted for the current base period. For the purposes of this subsection, alternative base period means eligibility shall be determined using a base period that consists of the four most recently completed calendar quarters preceding the start of the benefit year. (2) For the purposes of this chapter, the term base period includes the alternative base period. (c) (1) Benefits means the money payments payable to an individual, as provided in this act, with respect to such individuals unemployment. (2) Regular benefits means benefits payable to an individual under this act or under any other state law, including benefits payable to federal civilian employees and to ex-servicemen pursuant to 5 U.S.C. chapter 85, other than extended benefits.
(d) Benefit year with respect to any individual, means the period beginning with the first day of the first week for which such individual files a valid claim for benefits, and such benefit year shall continue for one full year. In the case of a combined wage claim, the benefit year shall be the benefit year of the paying state. Following the termination of a benefit year, a subsequent benefit year shall commence on the first day of the first week with respect to which an individual next files a claim for benefits. When such filing occurs with respect to a week which overlaps the preceding benefit year, the subsequent benefit year shall commence on the first day immediately following the expiration date of the preceding benefit year. Any claim for benefits made in accordance with subsection (a) of K.S.A. 44-709, and amendments thereto, shall be deemed to be a valid claim for the purposes of this subsection if the individual has been paid wages for insured work as required under subsection (e) of K.S.A. 44-705, and amendments thereto. Whenever a week of unemployment overlaps two benefit years, such week shall, for the purpose of granting waiting-period credit or benefit payment with respect thereto, be deemed to be a week of unemployment within that benefit year in which the greater part of such week occurs. (e) Commissioner or secretary means the secretary of labor. (f) (1) Contributions means the money payments to the state employment security fund which are required to be made by employers on account of employment under K.S.A. 44-710, and amendments thereto, and voluntary payments made by employers pursuant to such statute. (2) Payments in lieu of contributions means the money payments to the state employment security fund from employers which are required to make or which elect to make such payments under subsection (e) of K.S.A. 44-710, and amendments thereto. (g) Employing unit means any individual or type of organization, including any partnership, association, limited liability company, agency or department of the state of Kansas and political subdivisions thereof, trust, estate, joint-stock company, insurance company or corporation, whether domestic or foreign including nonprofit corporations, or the receiver, trustee in bankruptcy, trustee or successor thereof, or the legal representatives of a deceased person, which has in its employ one or more individuals performing services for it within this state. All individuals performing services within this state for any employing unit which maintains two or more separate establishments within this state shall be deemed to be employed by a single employing unit for all the purposes of this act. Each individual employed to perform or to assist in performing the work of any agent or employee of an employing unit shall be deemed to be employed by such employing unit for all the purposes of this act, whether such individual was hired or paid directly by such employing unit or by such agent or employee, provided the employing unit had actual or constructive knowledge of the employment. (h) Employer means: (1) (A) Any employing unit for which agricultural labor as defined in subsection (w) of this section is performed and which during any calendar quarter in either the current or preceding calendar year paid remuneration in cash of $20,000 or more to individuals employed in agricultural labor or for some portion of a day in each of 20 different calendar weeks, whether or not such weeks were consecutive, in either the current or the preceding calendar year, employed in agricultural labor 10 or more individuals, regardless of whether they were employed at the same moment of time. (B) For the purpose of this subsection (h)(1), any individual who is a member of a crew furnished by a crew leader to perform service in agricultural labor for any other person shall be treated as an employee of such crew leader if: (i) Such crew leader holds a valid certificate of registration under the federal migrant and seasonal agricultural workers protection act or substantially all the members of such crew operate or maintain tractors, mechanized harvesting or cropdusting equipment or any other mechanized equipment, which is provided by such crew leader; and (ii) such individual is not in the employment of such other person within the meaning of subsection (i) of this section. (C) For the purpose of this subsection (h)(1), in the case of any individual who is furnished by a crew leader to perform service in
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agricultural labor for any other person and who is not treated as an employee of such crew leader: (i) Such other person and not the crew leader shall be treated as the employer of such individual; and (ii) such other person shall be treated as having paid cash remuneration to such individual in an amount equal to the amount of cash remuneration paid to such individual by the crew leader, either on the crew leaders own behalf or on behalf of such other person, for the service in agricultural labor performed for such other person. (D) For the purposes of this subsection (h)(1) crew leader means an individual who: (i) Furnishes individuals to perform service in agricultural labor for any other person; (ii) pays, either on such individuals own behalf or on behalf of such other person, the individuals so furnished by such individual for the service in agricultural labor performed by them; and (iii) has not entered into a written agreement with such other person under which such individual is designated as an employee of such other person. (2) (A) Any employing unit which for calendar year 2007 and each calendar year thereafter: (i) In any calendar quarter in either the current or preceding calendar year paid for service in employment wages of $1,500 or more, (ii) for some portion of a day in each of 20 different calendar weeks, whether or not such weeks were consecutive, in either the current or preceding calendar year, had in employment at least one individual, whether or not the same individual was in employment in each such day, or (iii) elects to have an unemployment tax account established at the time of initial registration in accordance with subsection (c) of K.S.A. 44-711, and amendments thereto. (B) Employment of individuals to perform domestic service or agricultural labor and wages paid for such service or labor shall not be considered in determining whether an employing unit meets the criteria of this subsection (h)(2). (3) Any employing unit for which service is employment as defined in subsection (i)(3)(E) of this section. (4) (A) Any employing unit, whether or not it is an employing unit under subsection (g) of this section, which acquires or in any manner succeeds to (i) substantially all of the employing enterprises, organization, trade or business, or (ii) substantially all the assets, of another employing unit which at the time of such acquisition was an employer subject to this act; (B) any employing unit which is controlled substantially, either directly or indirectly by legally enforceable means or otherwise, by the same interest or interests, whether or not such interest or interests are an employing unit under subsection (g) of this section, which acquires or in any manner succeeds to a portion of an employers annual payroll, which is less than 100% of such employers annual payroll, and which intends to continue the acquired portion as a going business. (5) Any employing unit which paid cash remuneration of $1,000 or more in any calendar quarter in the current or preceding calendar year to individuals employed in domestic service as defined in subsection (aa) of this section. (6) Any employing unit which having become an employer under this subsection (h) has not, under subsection (b) of K.S.A. 44711, and amendments thereto, ceased to be an employer subject to this act. (7) Any employing unit which has elected to become fully subject to this act in accordance with subsection (c) of K.S.A. 44-711, and amendments thereto. (8) Any employing unit not an employer by reason of any other paragraph of this subsection (h), for which within either the current or preceding calendar year services in employment are or were performed with respect to which such employing unit is liable for any federal tax against which credit may be taken for contributions required to be paid into a state unemployment compensation fund; or which, as a condition for approval of this act for full tax credit against the tax imposed by the federal unemployment tax act, is required, pursuant to such act, to be an employer under this act. (9) Any employing unit described in section 501(c)(3) of the federal internal revenue code of 1986 which is exempt from income tax under section 501(a) of the code that had four or more individuals in employment for some portion of a day in each of 20 different
weeks, whether or not such weeks were consecutive, within either the current or preceding calendar year, regardless of whether they were employed at the same moment of time. (i) Employment means: (1) Subject to the other provisions of this subsection, service, including service in interstate commerce, performed by (A) Any active officer of a corporation; or (B) any individual who, under the usual common law rules applicable in determining the employer-employee relationship, has the status of an employee; or (C) any individual other than an individual who is an employee under subsection (i)(1)(A) or subsection (i)(1)(B) above who performs services for remuneration for any person: (i) As an agent-driver or commission-driver engaged in distributing meat products, vegetable products, fruit products, bakery products, beverages (other than milk), or laundry or dry-cleaning services, for such individuals principal; or (ii) as a traveling or city salesman, other than as an agent-driver or commission-driver, engaged upon a full-time basis in the solicitation on behalf of, and the transmission to, a principal (except for side-line sales activities on behalf of some other person) of orders from wholesalers, retailers, contractors, or operators of hotels, restaurants, or other similar establishments for merchandise for resale or supplies for use in their business operations. For purposes of subsection (i)(1)(C), the term employment shall include services described in paragraphs (i) and (ii) above only if: (a) The contract of service contemplates that substantially all of the services are to be performed personally by such individual; (b) the individual does not have a substantial investment in facilities used in connection with the performance of the services (other than in facilities for transportation); and (c) the services are not in the nature of a single transaction that is not part of a continuing relationship with the person for whom the services are performed. (2) The term employment shall include an individuals entire service within the United States, even though performed entirely outside this state if, (A) The service is not localized in any state, and (B) the individual is one of a class of employees who are required to travel outside this state in performance of their duties, and (C) the individuals base of operations is in this state, or if there is no base of operations, then the place from which service is directed or controlled is in this state. (3) The term employment shall also include: (A) Services performed within this state but not covered by the provisions of subsection (i)(1) or subsection (i)(2) shall be deemed to be employment subject to this act if contributions are not required and paid with respect to such services under an unemployment compensation law of any other state or of the federal government. (B) Services performed entirely without this state, with respect to no part of which contributions are required and paid under an unemployment compensation law of any other state or of the federal government, shall be deemed to be employment subject to this act only if the individual performing such services is a resident of this state and the secretary approved the election of the employing unit for whom such services are performed that the entire service of such individual shall be deemed to be employment subject to this act. (C) Services covered by an arrangement pursuant to subsection (l) of K.S.A. 44-714, and amendments thereto, between the secretary and the agency charged with the administration of any other state or federal unemployment compensation law, pursuant to which all services performed by an individual for an employing unit are deemed to be performed entirely within this state, shall be deemed to be employment if the secretary has approved an election of the employing unit for whom such services are performed, pursuant to which the entire service of such individual during the period covered by such election is deemed to be insured work. (D) Services performed by an individual for wages or under any contract of hire shall be deemed to be employment subject to this act unless and until it is shown to the satisfaction of the sec(continued)
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retary that: (i) Such individual has been and will continue to be free from control or direction over the performance of such services, both under the individuals contract of hire and in fact; and (ii) such service is either outside the usual course of the business for which such service is performed or that such service is performed outside of all the places of business of the enterprise for which such service is performed. (E) Service performed by an individual in the employ of this state or any instrumentality thereof, any political subdivision of this state or any instrumentality thereof, or in the employ of an Indian tribe, as defined pursuant to section 3306(u) of the federal unemployment tax act, any instrumentality of more than one of the foregoing or any instrumentality which is jointly owned by this state or a political subdivision thereof or Indian tribes and one or more other states or political subdivisions of this or other states, provided that such service is excluded from employment as defined in the federal unemployment tax act by reason of section 3306(c)(7) of that act and is not excluded from employment under subsection (i)(4)(A) of this section. For purposes of this section, the exclusions from employment in subsections (i)(4)(A) and (i)(4)(L) shall also be applicable to services performed in the employ of an Indian tribe. (F) Service performed by an individual in the employ of a religious, charitable, educational or other organization which is excluded from the term employment as defined in the federal unemployment tax act solely by reason of section 3306(c)(8) of that act, and is not excluded from employment under paragraphs (I) through (M) of subsection (i)(4). (G) The term employment shall include the service of an individual who is a citizen of the United States, performed outside the United States except in Canada, in the employ of an American employer (other than service which is deemed employment under the provisions of subsection (i)(2) or subsection (i)(3) or the parallel provisions of another states law), if: (i) The employers principal place of business in the United States is located in this state; or (ii) the employer has no place of business in the United States, but (A) The employer is an individual who is a resident of this state; or (B) the employer is a corporation which is organized under the laws of this state; or (C) the employer is a partnership or a trust and the number of the partners or trustees who are residents of this state is greater than the number who are residents of any other state; or (iii) none of the criteria of paragraphs (i) and (ii) above of this subsection (i)(3)(G) are met but the employer has elected coverage in this state or, the employer having failed to elect coverage in any state, the individual has filed a claim for benefits, based on such service, under the law of this state. (H) An American employer, for purposes of subsection (i)(3)(G), means a person who is: (i) An individual who is a resident of the United States; or (ii) a partnership if 23 or more of the partners are residents of the United States; or (iii) a trust, if all of the trustees are residents of the United States; or (iv) a corporation organized under the laws of the United States or of any state. (I) Notwithstanding subsection (i)(2) of this section, all service performed by an officer or member of the crew of an American vessel or American aircraft on or in connection with such vessel or aircraft, if the operating office, from which the operations of such vessel or aircraft operating within, or within and without, the United States are ordinarily and regularly supervised, managed, directed and controlled is within this state. (J) Notwithstanding any other provisions of this subsection (i), service with respect to which a tax is required to be paid under any federal law imposing a tax against which credit may be taken for contributions required to be paid into a state unemployment compensation fund or which as a condition for full tax credit against the tax imposed by the federal unemployment tax act is required to be covered under this act. (K) Domestic service in a private home, local college club or local chapter of a college fraternity or sorority performed for a per Kansas Secretary of State 2011
son who paid cash remuneration of $1,000 or more in any calendar quarter in the current calendar year or the preceding calendar year to individuals employed in such domestic service. (4) The term employment shall not include: (A) Service performed in the employ of an employer specified in subsection (h)(3) of this section if such service is performed by an individual in the exercise of duties: (i) As an elected official; (ii) as a member of a legislative body, or a member of the judiciary, of a state, political subdivision or of an Indian tribe; (iii) as a member of the state national guard or air national guard; (iv) as an employee serving on a temporary basis in case of fire, storm, snow, earthquake, flood or similar emergency; (v) in a position which, under or pursuant to the laws of this state or tribal law, is designated as a major nontenured policymaking or advisory position or as a policymaking or advisory position the performance of the duties of which ordinarily does not require more than eight hours per week; (B) service with respect to which unemployment compensation is payable under an unemployment compensation system established by an act of congress; (C) service performed by an individual in the employ of such individuals son, daughter or spouse, and service performed by a child under the age of 21 years in the employ of such individuals father or mother; (D) service performed in the employ of the United States government or an instrumentality of the United States exempt under the constitution of the United States from the contributions imposed by this act, except that to the extent that the congress of the United States shall permit states to require any instrumentality of the United States to make payments into an unemployment fund under a state unemployment compensation law, all of the provisions of this act shall be applicable to such instrumentalities, and to services performed for such instrumentalities, in the same manner, to the same extent and on the same terms as to all other employers, employing units, individuals and services. If this state shall not be certified for any year by the federal security agency under section 3304(c) of the federal internal revenue code of 1986, the payments required of such instrumentalities with respect to such year shall be refunded by the secretary from the fund in the same manner and within the same period as is provided in subsection (f) of K.S.A. 44-717, and amendments thereto, with respect to contributions erroneously collected; (E) service covered by an arrangement between the secretary and the agency charged with the administration of any other state or federal unemployment compensation law pursuant to which all services performed by an individual for an employing unit during the period covered by such employing units duly approved election, are deemed to be performed entirely within the jurisdiction of such other state or federal agency; (F) service performed by an individual under the age of 18 in the delivery or distribution of newspapers or shopping news, not including delivery or distribution to any point for subsequent delivery or distribution; (G) service performed by an individual for an employing unit as an insurance agent or as an insurance solicitor, if all such service performed by such individual for such employing unit is performed for remuneration solely by way of commission; (H) service performed in any calendar quarter in the employ of any organization exempt from income tax under section 501(a) of the federal internal revenue code of 1986 (other than an organization described in section 401(a) or under section 521 of such code) if the remuneration for such service is less than $50. In construing the application of the term employment, if services performed during 12 or more of any pay period by an individual for the person employing such individual constitute employment, all the services of such individual for such period shall be deemed to be employment; but if the services performed during more than 12 of any such pay period by an individual for the person employing such individual do not constitute employment, then none of the services of such individual for such period shall be deemed to be employment. As used in this subsection (i)(4)(H) the term pay period means a period (of not more than 31 consecutive days) for which a payment of remuneration is ordinarily made to the indi-
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vidual by the person employing such individual. This subsection (i)(4)(H) shall not be applicable with respect to services with respect to which unemployment compensation is payable under an unemployment compensation system established by an act of congress; (I) services performed in the employ of a church or convention or association of churches, or an organization which is operated primarily for religious purposes and which is operated, supervised, controlled, or principally supported by a church or convention or association of churches; (J) service performed by a duly ordained, commissioned, or licensed minister of a church in the exercise of such individuals ministry or by a member of a religious order in the exercise of duties required by such order; (K) service performed in a facility conducted for the purpose of carrying out a program of: (i) Rehabilitation for individuals whose earning capacity is impaired by age or physical or mental deficiency or injury, or (ii) providing remunerative work for individuals who because of their impaired physical or mental capacity cannot be readily absorbed in the competitive labor market, by an individual receiving such rehabilitation or remunerative work; (L) service performed as part of an employment work-relief or work-training program assisted or financed in whole or in part by any federal agency or an agency of a state or political subdivision thereof or of an Indian tribe, by an individual receiving such work relief or work training; (M) service performed by an inmate of a custodial or correctional institution; (N) service performed, in the employ of a school, college, or university, if such service is performed by a student who is enrolled and is regularly attending classes at such school, college or university; (O) service performed by an individual who is enrolled at a nonprofit or public educational institution which normally maintains a regular faculty and curriculum and normally has a regularly organized body of students in attendance at the place where its educational activities are carried on as a student in a full-time program, taken for credit at such institution, which combines academic instruction with work experience, if such service is an integral part of such program, and such institution has so certified to the employer, except that this subsection (i)(4)(O) shall not apply to service performed in a program established for or on behalf of an employer or group of employers; (P) service performed in the employ of a hospital licensed, certified or approved by the secretary of health and environment, if such service is performed by a patient of the hospital; (Q) services performed as a qualified real estate agent. As used in this subsection (i)(4)(Q) the term qualified real estate agent means any individual who is licensed by the Kansas real estate commission as a salesperson under the real estate brokers and salespersons license act and for whom: (i) Substantially all of the remuneration, whether or not paid in cash, for the services performed by such individual as a real estate salesperson is directly related to sales or other output, including the performance of services, rather than to the number of hours worked; and (ii) the services performed by the individual are performed pursuant to a written contract between such individual and the person for whom the services are performed and such contract provides that the individual will not be treated as an employee with respect to such services for state tax purposes; (R) services performed for an employer by an extra in connection with any phase of motion picture or television production or television commercials for less than 14 days during any calendar year. As used in this subsection, the term extra means an individual who pantomimes in the background, adds atmosphere to the set and performs such actions without speaking and employer shall not include any employer which is a governmental entity or any employer described in section 501(c)(3) of the federal internal revenue code of 1986 which is exempt from income taxation under section 501(a) of the code; (S) services performed by an oil and gas contract pumper. As used in this subsection (i)(4)(S), oil and gas contract pumper means a person performing pumping and other services on one or
more oil or gas leases, or on both oil and gas leases, relating to the operation and maintenance of such oil and gas leases, on a contractual basis for the operators of such oil and gas leases and services shall not include services performed for a governmental entity or any organization described in section 501(c)(3) of the federal internal revenue code of 1986 which is exempt from income taxation under section 501(a) of the code; (T) service not in the course of the employers trade or business performed in any calendar quarter by an employee, unless the cash remuneration paid for such service is $200 or more and such service is performed by an individual who is regularly employed by such employer to perform such service. For purposes of this paragraph, an individual shall be deemed to be regularly employed by an employer during a calendar quarter only if: (i) On each of some 24 days during such quarter such individual performs for such employer for some portion of the day service not in the course of the employers trade or business, or (ii) such individual was regularly employed, as determined under subparagraph (i), by such employer in the performance of such service during the preceding calendar quarter. Such excluded service shall not include any services performed for an employer which is a governmental entity or any employer described in section 501(c)(3) of the federal internal revenue code of 1986 which is exempt from income taxation under section 501(a) of the code; (U) service which is performed by any person who is a member of a limited liability company and which is performed as a member or manager of that limited liability company; and (V) services performed as a qualified direct seller. The term direct seller means any person if: (i) Such person: (a) is engaged in the trade or business of selling or soliciting the sale of consumer products to any buyer on a buy-sell basis or a deposit-commission basis for resale, by the buyer or any other person, in the home or otherwise rather than in a permanent retail establishment; or (b) is engaged in the trade or business of selling or soliciting the sale of consumer products in the home or otherwise than in a permanent retail establishment; (ii) substantially all the remuneration whether or not paid in cash for the performance of the services described in subparagraph (i) is directly related to sales or other output including the performance of services rather than to the number of hours worked; (iii) the services performed by the person are performed pursuant to a written contract between such person and the person for whom the services are performed and such contract provides that the person will not be treated as an employee for federal and state tax purposes; (iv) for purposes of this act, a sale or a sale resulting exclusively from a solicitation made by telephone, mail, or other telecommunications method, or other nonpersonal method does not satisfy the requirements of this subsection; (W) service performed as an election official or election worker, if the amount of remuneration received by the individual during the calendar year for services as an election official or election worker is less than $1,000; (X) service performed by agricultural workers who are aliens admitted to the United States to perform labor pursuant to section 1101 (a)(15)(H)(ii)(a) of the immigration and nationality act; and (Y) service performed by an owner-operator of a motor vehicle that is leased or contracted to a licensed motor carrier with the services of a driver and is not treated under the terms of the lease agreement or contract with the licensed motor carrier as an employee for purposes of the federal insurance contribution act, 26 U.S.C. 3101 et seq., the federal social security act, 42 U.S.C. 301 et seq., the federal unemployment tax act, 26 U.S.C. 3301 et seq., and the federal statutes prescribing income tax withholding at the source, 26 U.S.C. 3401 et seq. Employees or agents of the owneroperator shall not be considered employees of the licensed motor carrier for purposes of employment security taxation or compensation. As used in this subsection (Y), the following definitions apply: (i) Motor vehicle means any automobile, truck-trailer, semitrailer, tractor, motor bus or any other self-propelled or motordriven vehicle used upon any of the public highways of Kansas for
(continued)
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the purpose of transporting persons or property; (ii) licensed motor carrier means any person, firm, corporation or other business entity that holds a certificate of convenience and necessity or a certificate of public service from the state corporation commission or is required to register motor carrier equipment pursuant to 49 U.S.C. 14504; and (iii) owner-operator means a person, firm, corporation or other business entity that is the owner of a single motor vehicle that is driven exclusively by the owner under a lease agreement or contract with a licensed motor carrier. (j) Employment office means any office operated by this state and maintained by the secretary of labor for the purpose of assisting persons to become employed. (k) Fund means the employment security fund established by this act, to which all contributions and reimbursement payments required and from which all benefits provided under this act shall be paid and including all money received from the federal government as reimbursements pursuant to section 204 of the federal-state extended compensation act of 1970, and amendments thereto. (l) State includes, in addition to the states of the United States of America, any dependency of the United States, the Commonwealth of Puerto Rico, the District of Columbia and the Virgin Islands. (m) Unemployment. An individual shall be deemed unemployed with respect to any week during which such individual performs no services and with respect to which no wages are payable to such individual, or with respect to any week of less than full-time work if the wages payable to such individual with respect to such week are less than such individuals weekly benefit amount. (n) Employment security administration fund means the fund established by this act, from which administrative expenses under this act shall be paid. (o) Wages means all compensation for services, including commissions, bonuses, back pay and the cash value of all remuneration, including benefits, paid in any medium other than cash. The reasonable cash value of remuneration in any medium other than cash, shall be estimated and determined in accordance with rules and regulations prescribed by the secretary. Compensation payable to an individual which has not been actually received by that individual within 21 days after the end of the pay period in which the compensation was earned shall be considered to have been paid on the 21st day after the end of that pay period. Effective January 1, 1986, gratuities, including tips received from persons other than the employing unit, shall be considered wages when reported in writing to the employer by the employee. Employees must furnish a written statement to the employer, reporting all tips received if they total $20 or more for a calendar month whether the tips are received directly from a person other than the employer or are paid over to the employee by the employer. This includes amounts designated as tips by a customer who uses a credit card to pay the bill. Notwithstanding the other provisions of this subsection (o), wages paid in back pay awards or settlements shall be allocated to the week or weeks and reported in the manner as specified in the award or agreement, or, in the absence of such specificity in the award or agreement, such wages shall be allocated to the week or weeks in which such wages, in the judgment of the secretary, would have been paid. The term wages shall not include: (1) That part of the remuneration which has been paid in a calendar year to an individual by an employer or such employers predecessor in excess of $3,000 for all calendar years prior to 1972, in excess of $4,200 for the calendar years 1972 to 1977, inclusive, in excess of $6,000 for calendar years 1978 to 1982, inclusive, in excess of $7,000 for the calendar year 1983, and in excess of $8,000 with respect to employment during any calendar year following 1983, except that if the definition of the term wages as contained in the federal unemployment tax act is amended to include remuneration in excess of $8,000 paid to an individual by an employer under the federal act during any calendar year, wages shall include remuneration paid in a calendar year to an individual by an employer subject to this act or such employers predecessor with respect to employment during any calendar year up to an amount equal to the dollar limitation specified in the federal unemployment tax act. For the purposes of this subsection (o)(1), the term
employment shall include service constituting employment under any employment security law of another state or of the federal government; (2) the amount of any payment (including any amount paid by an employing unit for insurance or annuities, or into a fund, to provide for any such payment) made to, or on behalf of, an employee or any of such employees dependents under a plan or system established by an employer which makes provisions for employees generally, for a class or classes of employees or for such employees or a class or classes of employees and their dependents, on account of (A) sickness or accident disability, except in the case of any payment made to an employee or such employees dependents, this subparagraph shall exclude from the term wages only payments which are received under a workers compensation law. Any third party which makes a payment included as wages by reason of this subparagraph (2)(A) shall be treated as the employer with respect to such wages, or (B) medical and hospitalization expenses in connection with sickness or accident disability, or (C) death; (3) any payment on account of sickness or accident disability, or medical or hospitalization expenses in connection with sickness or accident disability, made by an employer to, or on behalf of, an employee after the expiration of six calendar months following the last calendar month in which the employee worked for such employer; (4) any payment made to, or on behalf of, an employee or such employees beneficiary: (A) From or to a trust described in section 401(a) of the federal internal revenue code of 1986 which is exempt from tax under section 501(a) of the federal internal revenue code of 1986 at the time of such payment unless such payment is made to an employee of the trust as remuneration for services rendered as such employee and not as a beneficiary of the trust; (B) under or to an annuity plan which, at the time of such payment, is a plan described in section 403(a) of the federal internal revenue code of 1986; (C) under a simplified employee pension as defined in section 408(k)(1) of the federal internal revenue code of 1986, other than any contribution described in section 408(k)(6) of the federal internal revenue code of 1986; (D) under or to an annuity contract described in section 403(b) of the federal internal revenue code of 1986, other than a payment for the purchase of such contract which was made by reason of a salary reduction agreement whether evidenced by a written instrument or otherwise; (E) under or to an exempt governmental deferred compensation plan as defined in section 3121(v)(3) of the federal internal revenue code of 1986; (F) to supplement pension benefits under a plan or trust described in any of the foregoing provisions of this subparagraph to take into account some portion or all of the increase in the cost of living, as determined by the secretary of labor, since retirement but only if such supplemental payments are under a plan which is treated as a welfare plan under section 3(2)(B)(ii) of the federal employee retirement income security act of 1974; or (G) under a cafeteria plan within the meaning of section 125 of the federal internal revenue code of 1986; (5) the payment by an employing unit (without deduction from the remuneration of the employee) of the tax imposed upon an employee under section 3101 of the federal internal revenue code of 1986 with respect to remuneration paid to an employee for domestic service in a private home of the employer or for agricultural labor; (6) remuneration paid in any medium other than cash to an employee for service not in the course of the employers trade or business; (7) remuneration paid to or on behalf of an employee if and to the extent that at the time of the payment of such remuneration it is reasonable to believe that a corresponding deduction is allowable under section 217 of the federal internal revenue code of 1986 relating to moving expenses; (8) any payment or series of payments by an employer to an employee or any of such employees dependents which is paid: (A) Upon or after the termination of an employees employment relationship because of (i) death or (ii) retirement for disability; and
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(B) under a plan established by the employer which makes provisions for employees generally, a class or classes of employees or for such employees or a class or classes of employees and their dependents, other than any such payment or series of payments which would have been paid if the employees employment relationship had not been so terminated; (9) remuneration for agricultural labor paid in any medium other than cash; (10) any payment made, or benefit furnished, to or for the benefit of an employee if at the time of such payment or such furnishing it is reasonable to believe that the employee will be able to exclude such payment or benefit from income under section 129 of the federal internal revenue code of 1986 which relates to dependent care assistance programs; (11) the value of any meals or lodging furnished by or on behalf of the employer if at the time of such furnishing it is reasonable to believe that the employee will be able to exclude such items from income under section 119 of the federal internal revenue code of 1986; (12) any payment made by an employer to a survivor or the estate of a former employee after the calendar year in which such employee died; (13) any benefit provided to or on behalf of an employee if at the time such benefit is provided it is reasonable to believe that the employee will be able to exclude such benefit from income under section 74(c), 117 or 132 of the federal internal revenue code of 1986; (14) any payment made, or benefit furnished, to or for the benefit of an employee, if at the time of such payment or such furnishing it is reasonable to believe that the employee will be able to exclude such payment or benefit from income under section 127 of the federal internal revenue code of 1986 relating to educational assistance to the employee; or (15) any payment made to or for the benefit of an employee if at the time of such payment it is reasonable to believe that the employee will be able to exclude such payment from income under section 106(d) of the federal internal revenue code of 1986 relating to health savings accounts. Nothing in any paragraph of subsection (o), other than paragraph (1), shall exclude from the term wages: (1) Any employer contribution under a qualified cash or deferred arrangement, as defined in section 401(k) of the federal internal revenue code of 1986, to the extent that such contribution is not included in gross income by reason of section 402(a)(8) of the federal internal revenue code of 1986; or (2) any amount treated as an employer contribution under section 414(h)(2) of the federal internal revenue code of 1986. Any amount deferred under a nonqualified deferred compensation plan shall be taken into account for purposes of this section as of the later of when the services are performed or when there is no substantial risk of forfeiture of the rights to such amount. Any amount taken into account as wages by reason of this paragraph, and the income attributable thereto, shall not thereafter be treated as wages for purposes of this section. For purposes of this paragraph, the term nonqualified deferred compensation plan means any plan or other arrangement for deferral of compensation other than a plan described in subsection (o)(4). (p) Week means such period or periods of seven consecutive calendar days, as the secretary may by rules and regulations prescribe. (q) Calendar quarter means the period of three consecutive calendar months ending March 31, June 30, September 30 or December 31, or the equivalent thereof as the secretary may by rules and regulations prescribe. (r) Insured work means employment for employers. (s) Approved training means any vocational training course or course in basic education skills, including a job training program authorized under the federal workforce investment act of 1998, approved by the secretary or a person or persons designated by the secretary. (t) American vessel or American aircraft means any vessel or aircraft documented or numbered or otherwise registered under the laws of the United States; and any vessel or aircraft which is neither documented or numbered or otherwise registered under the laws of the United States nor documented under the laws of any foreign country, if its crew performs service solely for one or
more citizens or residents of the United States or corporations organized under the laws of the United States or of any state. (u) Institution of higher education, for the purposes of this section, means an educational institution which: (1) Admits as regular students only individuals having a certificate of graduation from a high school, or the recognized equivalent of such a certificate; (2) is legally authorized in this state to provide a program of education beyond high school; (3) provides an educational program for which it awards a bachelors or higher degree, or provides a program which is acceptable for full credit toward such a degree, a program of postgraduate or postdoctoral studies, or a program of training to prepare students for gainful employment in a recognized occupation; and (4) is a public or other nonprofit institution. Notwithstanding any of the foregoing provisions of this subsection (u), all colleges and universities in this state are institutions of higher education for purposes of this section, except that no college, university, junior college or other postsecondary school or institution which is operated by the federal government or any agency thereof shall be an institution of higher education for purposes of the employment security law. (v) Educational institution means any institution of higher education, as defined in subsection (u) of this section, or any institution, except private for profit institutions, in which participants, trainees or students are offered an organized course of study or training designed to transfer to them knowledge, skills, information, doctrines, attitudes or abilities from, by or under the guidance of an instructor or teacher and which is approved, licensed or issued a permit to operate as a school by the state department of education or other government agency that is authorized within the state to approve, license or issue a permit for the operation of a school or to an Indian tribe in the operation of an educational institution. The courses of study or training which an educational institution offers may be academic, technical, trade or preparation for gainful employment in a recognized occupation. (w) (1) Agricultural labor means any remunerated service: (A) On a farm, in the employ of any person, in connection with cultivating the soil, or in connection with raising or harvesting any agricultural or horticultural commodity, including the raising, shearing, feeding, caring for, training, and management of livestock, bees, poultry, and furbearing animals and wildlife. (B) In the employ of the owner or tenant or other operator of a farm, in connection with the operating, management, conservation, improvement, or maintenance of such farm and its tools and equipment, or in salvaging timber or clearing land of brush and other debris left by a hurricane, if the major part of such service is performed on a farm. (C) In connection with the production or harvesting of any commodity defined as an agricultural commodity in section (15)(g) of the agricultural marketing act, as amended (46 Stat. 1500, sec. 3; 12 U.S.C. 1141j) or in connection with the ginning of cotton, or in connection with the operation or maintenance of ditches, canals, reservoirs or waterways, not owned or operated for profit, used exclusively for supplying and storing water for farming purposes. (D) (i) In the employ of the operator of a farm in handling, planting, drying, packing, packaging, processing, freezing, grading, storing, or delivering to storage or to market or to a carrier for transportation to market, in its unmanufactured state, any agricultural or horticultural commodity; but only if such operator produced more than 12 of the commodity with respect to which such service is performed; (ii) in the employ of a group of operators of farms (or a cooperative organization of which such operators are members) in the performance of service described in paragraph (i) above of this subsection (w)(1)(D), but only if such operators produced more than 12 of the commodity with respect to which such service is performed; (iii) the provisions of paragraphs (i) and (ii) above of this subsection (w)(1)(D) shall not be deemed to be applicable with respect to service performed in connection with commercial canning or commercial freezing or in connection with any agricultural or hor(continued)
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ticultural commodity after its delivery to a terminal market for distribution for consumption. (E) On a farm operated for profit if such service is not in the course of the employers trade or business. (2) Agricultural labor does not include service performed prior to January 1, 1980, by an individual who is an alien admitted to the United States to perform service in agricultural labor pursuant to sections 214(c) and 101(a)(15)(H) of the federal immigration and nationality act. (3) As used in this subsection (w), the term farm includes stock, dairy, poultry, fruit, fur-bearing animal, and truck farms, plantations, ranches, nurseries, ranges, greenhouses, or other similar structures used primarily for the raising of agricultural or horticultural commodities, and orchards. (4) For the purpose of this section, if an employing unit does not maintain sufficient records to separate agricultural labor from other employment, all services performed during any pay period by an individual for the person employing such individual shall be deemed to be agricultural labor if services performed during 12 or more of such pay period constitute agricultural labor; but if the services performed during more than 12 of any such pay period by an individual for the person employing such individual do not constitute agricultural labor, then none of the services of such individual for such period shall be deemed to be agricultural labor. As used in this subsection (w), the term pay period means a period of not more than 31 consecutive days for which a payment of remuneration is ordinarily made to the individual by the person employing such individual. (x) Reimbursing employer means any employer who makes payments in lieu of contributions to the employment security fund as provided in subsection (e) of K.S.A. 44-710, and amendments thereto. (y) Contributing employer means any employer other than a reimbursing employer or rated governmental employer. (z) Wage combining plan means a uniform national arrangement approved by the United States secretary of labor in consultation with the state unemployment compensation agencies and in which this state shall participate, whereby wages earned in one or more states are transferred to another state, called the paying state, and combined with wages in the paying state, if any, for the payment of benefits under the laws of the paying state and as provided by an arrangement so approved by the United States secretary of labor. (aa) Domestic service means any service for a person in the operation and maintenance of a private household, local college club or local chapter of a college fraternity or sorority, as distinguished from service as an employee in the pursuit of an employers trade, occupation, profession, enterprise or vocation. (bb) Rated governmental employer means any governmental entity which elects to make payments as provided by K.S.A. 44-710d, and amendments thereto. (cc) Benefit cost payments means payments made to the employment security fund by a governmental entity electing to become a rated governmental employer. (dd) Successor employer means any employer, as described in subsection (h) of this section, which acquires or in any manner succeeds to (1) substantially all of the employing enterprises, organization, trade or business of another employer or (2) substantially all the assets of another employer. (ee) Predecessor employer means an employer, as described in subsection (h) of this section, who has previously operated a business or portion of a business with employment to which another employer has succeeded. (ff) Lessor employing unit means any independently established business entity which engages in the business of providing leased employees to a client lessee. (gg) Client lessee means any individual, organization, partnership, corporation or other legal entity leasing employees from a lessor employing unit. (hh) Qualifying injury means a personal injury by accident arising out of and in the course of employment within the coverage of the Kansas workers compensation act, K.S.A. 44-501 et seq., and amendments thereto. Sec. 2. K.S.A. 2010 Supp. 44-704a is hereby amended to read as follows: 44-704a. (a) Definitions. As used in this section, unless the context clearly requires otherwise:
(1) Extended benefit period means a period which: (A) Begins with the third week after a week for which there is an on indicator; and (B) ends with either of the following weeks, whichever occurs later: (i) The third week after the first week for which there is an off indicator; or (ii) the 13th consecutive week of such period, except that no extended benefit period may begin by reason of an on indicator before the 14th week following the end of a prior extended benefit period which was in effect with respect to this state. (2) For the purposes of this section: (A) There is an on indicator for this state for a week if the secretary of labor determines, in accordance with the regulations of the United States secretary of labor, that, for the period consisting of such week and the immediately preceding 12 weeks, the rate of insured unemployment (not seasonally adjusted) under this act: (i) Equaled or exceeded 5% and equaled or exceeded 120% of the average of such rates for the corresponding 13-week period ending in each of the preceding two calendar years; or (ii) and the state of Kansas pays a portion of such benefits in accordance with the provisions of K.S.A. 44-710(c)(2)(C) and 44-710(e), and amendments thereto; or (ii) equaled or exceeded 5% and equaled or exceeded 120% of the average of such rates for the corresponding 13-week period ending in each of the preceding three calendar years and until on or before the earlier of the latest date permitted under federal law or the end of the fourth week prior to the last week for which federal sharing is provided as authorized by section 2005(a) of public law 111-5 without regard to section 2005(c) of public law 111-5; or (iii) equaled or exceeded 6%; or (iii) (iv) with respect to benefits for weeks of unemployment beginning after March 6, 1993, (a) the average rate of total unemployment (seasonally adjusted), as determined by the United States secretary of labor, for the period consisting of the most recent three months for which data for all states are published before the close of such week equals or exceeds 6.5%, and (b) the average rate of total unemployment for this state (seasonally adjusted), as determined by the United States secretary of labor, for the three-month period referred to in clause (iii)(a) (iv)(a)(1), equals or exceeds 110% of such average for either or both of the corresponding three-month periods ending in the two preceding calendar years; or (2) equals or exceeds 110% of such average for any or all of the corresponding threemonth periods ending in each of the three preceding calendar years and until on or before the earlier of the latest date permitted under federal law or the end of the fourth week prior to the last week for which federal sharing is provided as authorized by section 2005(a) of public law 111-5 without regard to section 2005(c) of public law 111-5. (B) (i) There is an off indicator for this state for a week if the secretary of labor determines, in accordance with the regulations of the United States secretary of labor, that for the period consisting of such week and the immediately preceding 12 weeks, the rate of insured unemployment (not seasonally adjusted) under this act: (a) (1) Was less than 5% or less than 120% of the average of such rates for the corresponding 13-week period ending in each of the preceding two calendar years; or (2) was less than 5% or less than 120% of the average of such rates for the corresponding 13-week period ending in any or all of the three preceding calendar years and until on or before the earlier of the latest date permitted under federal law or the end of the fourth week prior to the last week for which federal sharing is provided as authorized by section 2005(a) of public law 111-5 without regard to section 2005(c) of public law 111-5; and (b) was less than 5%. (ii) There is an off indicator for this state for a week only if, for the period consisting of such week and the immediately preceding 12 weeks, none of the conditions specified in subsection (a)(2)(A) of this section result in an on indicator. (3) Rate of insured unemployment, for purposes of paragraphs (2)(A) and (2)(B) of this subsection, means the percentage derived by dividing: (A) The average weekly number of individuals filing claims for regular benefits in this state for weeks of unemployment with respect to the most recent 13-consecutive-week period, as determined by the secretary of labor on the basis of reports to the United States secretary of labor; by (B) the average monthly employment covered under this act for the first four of the most recent six completed calendar quarters ending before the end of such 13-week period.
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(4) Extended entitlement period of an individual means the period consisting of the weeks of the individuals benefit year which begin in an extended benefit period and, if the individuals benefit year ends within such extended benefit period, any weeks thereafter which begin in such period. (5) Extended benefits means benefits (including benefits payable to federal civilian employees and to ex-service personnel pursuant to 5 U.S.C.A. chapter 85) payable to an individual under the provisions of the act for weeks of unemployment in the individuals extended entitlement period. (6) Exhaustee means an individual who, with respect to any week of unemployment in the individuals extended entitlement period: (A) Has received, prior to such week, all of the regular benefits that were available to the individual under this act or any other state law (including dependents allowances and benefits payable to federal civilian employees and ex-service personnel under 5 U.S.C.A. chapter 85) in the individuals current benefit year that includes such week, provided that, for the purposes of this paragraph (6)(A), an individual shall be deemed to have received all of the regular benefits that were available to the individual although the individual may subsequently be determined to be entitled to added regular benefits as a result of a pending appeal with respect to wages that were not considered in the original monetary determination of the individuals benefit year; or (B) the individuals benefit year having expired prior to such week, has no, or insufficient, wages on the basis of which the individual could establish a new benefit year that would include such week; and (C) (i) has no right to unemployment benefits or allowances, as the case may be, under the federal railroad unemployment insurance act and such other federal laws as are specified in regulations issued by the United States secretary of labor; and (ii) has not received and is not seeking unemployment benefits under the unemployment compensation law of Canada; but if the individual is seeking such benefits and the appropriate agency finally determines that the individual is not entitled to benefits under such law the individual is considered an exhaustee. (7) State law means the unemployment compensation law of any state, approved by the United States secretary of labor under section 3304 of the federal internal revenue code of 1986. (b) Payment of extended benefits. Extended benefits shall be payable to eligible individuals with respect to weeks of unemployment in their extended entitlement periods. The extended benefits provided by this section and K.S.A. 44-704b, and amendments thereto, shall be payable from the fund. All extended benefits shall be paid through the employment offices, in accordance with such rules and regulations as the secretary of labor may adopt. (c) Beginning and termination of extended benefit period. (1) Whenever an extended benefit period is to become effective in this state as a result of an on indicator, or an extended benefit period is to be terminated in this state as a result of an off indicator, the secretary of labor shall make an appropriate public announcement. (2) Computations required by the provisions of subsection (a)(3) of this section shall be made by the secretary of labor, in accordance with regulations prescribed by the United States secretary of labor. (d) Weekly extended benefit amount. The weekly extended benefit amount payable to an individual for a week of total unemployment in the individuals extended entitlement period shall be an amount equal to the regular weekly benefit amount payable to the individual during the individuals applicable benefit year, except that for any week during a period in which federal payments to states under section 204 of the federal-state extended unemployment compensation act of 1970 are reduced pursuant to an order issued under section 252 of the federal balanced budget and emergency deficit control act of 1985, the weekly extended benefit amount payable to an individual for a week of total unemployment in the individuals eligibility period shall be reduced by a percentage amount which is equivalent to the reduction in the federal payment. If such reduced weekly extended benefit amount is not a multiple of $1, it shall be reduced to the next lower multiple of $1. (e) Total extended benefit amount. (1) Except as otherwise provided in subsection (e)(2) or (e)(3) of this section, the total extended benefit amount payable to any eligible individual with respect to
the individuals applicable benefit year shall be the least of the following amounts: (A) Fifty percent of the total amount of regular benefits which were payable to the individual under this act in the individuals applicable benefit year; or (B) thirteen times the individuals weekly benefit amount which was payable to the individual under this act for a week of total unemployment in the applicable benefit year. (2) Effective with respect to weeks beginning in a high unemployment period, the provisions of subsection (e)(1) of this section shall be applied by substituting 80% for 50% in subparagraph (A) of that subsection (e)(1), and by substituting 20 for 13 in subparagraph (B) of that subsection (e)(1). For purposes of this subsection (e)(2), the term high unemployment period means any period during which an extended benefit period would be in effect if the provisions of subsection (a)(2)(A)(iii) of this section were applied after substituting 8% for 6.5% in clause (a) of that subsection (a)(2)(A)(iii). (3) During any fiscal year in which federal payments to states under section 204 of the federal-state extended unemployment compensation act of 1970 are reduced pursuant to an order issued under section 252 of the federal balanced budget and emergency deficit control act of 1985, the total extended benefit amount payable to an individual with respect to the individuals applicable benefit year shall be reduced by an amount equal to the total of all of the reductions under subsection (d) of this section in the weekly extended benefit amounts paid to the individual. (f) Eligibility requirements for extended benefits. An individual shall be eligible to receive extended benefits with respect to any week of unemployment in the individuals extended entitlement period only if the secretary of labor, or a person or persons designated by the secretary, finds that with respect to such week: (1) The individual is an exhaustee as defined in subsection (a)(6) of this section; (2) the individual is qualified and eligible for extended benefits pursuant to K.S.A. 44-704b, and amendments thereto; (3) the individual is entitled to benefits pursuant to the provisions of this act which apply to claims for, or the payment of regular benefits which are not inconsistent with the provisions of K.S.A. 44-704b, and amendments thereto; and (4) the individual, during the base period, (A) was paid wages for insured work equal to or greater than 112 times the amount of total wages paid for the quarter in which such wages were highest during the individuals base period; or (B) has been paid an amount equal to or exceeding 40 times the individuals most recent weekly benefit amount in the individuals base period. (g) Limitation on amount of combined regular, extended and trade readjustment act benefits received. Notwithstanding any other provisions of this section or K.S.A. 44-704b, and amendments thereto, if the benefit year of any individual ends within an extended entitlement period, the remaining balance of extended benefits that the individual would, but for this section, be entitled to receive in that extended entitlement period, with respect to weeks of unemployment beginning after the end of the benefit year, shall be reduced (but not below zero) by the product of the number of weeks for which the individual received any amounts as trade readjustment allowances within that benefit year, multiplied by the individuals weekly benefit amount for extended benefits. Sec. 3. From and after July 1, 2010, K.S.A. 2010 Supp. 44-705 is hereby amended to read as follows: 44-705. Except as provided by K.S.A. 44-757, and amendments thereto, an unemployed individual shall be eligible to receive benefits with respect to any week only if the secretary, or a person or persons designated by the secretary, finds that: (a) The claimant has registered for work at and thereafter continued to report at an employment office in accordance with rules and regulations adopted by the secretary, except that, subject to the provisions of subsection (a) of K.S.A. 44-704, and amendments thereto, the secretary may adopt rules and regulations which waive or alter either or both of the requirements of this subsection (a). (b) The claimant has made a claim for benefits with respect to such week in accordance with rules and regulations adopted by the secretary.
(continued)
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(c) The claimant is able to perform the duties of such claimants customary occupation or the duties of other occupations for which the claimant is reasonably fitted by training or experience, and is available for work, as demonstrated by the claimants pursuit of the full course of action most reasonably calculated to result in the claimants reemployment except that, notwithstanding any other provisions of this section, an unemployed claimant otherwise eligible for benefits shall not become ineligible for benefits: (1) Because of the claimants enrollment in and satisfactory pursuit of approved training, including training approved under section 236(a)(1) of the trade act of 1974; or (2) solely because such individual is seeking only part-time employment if the individual is available for a number of hours per week that are comparable to the individuals part-time work experience in the base period. For the purposes of this subsection, an inmate of a custodial or correctional institution shall be deemed to be unavailable for work and not eligible to receive unemployment compensation while incarcerated. (d) (1) Except as provided further, the claimant has been unemployed for a waiting period of one week or the claimant is unemployed and has satisfied the requirement for a waiting period of one week under the shared work unemployment compensation program as provided in subsection (k)(4) of K.S.A. 44-757, and amendments thereto, which period of one week, in either case, occurs within the benefit year which includes the week for which the claimant is claiming benefits. No week shall be counted as a week of unemployment for the purposes of this subsection (d): (A) If benefits have been paid for such week; (B) if the individual fails to meet with the other eligibility requirements of this section; or (C) if an individual is seeking unemployment benefits under the unemployment compensation law of any other state or of the United States, except that if the appropriate agency of such state or of the United States finally determines that the claimant is not entitled to unemployment benefits under such other law, this subsection (d)(1)(C) shall not apply. (2) The waiting week requirement of paragraph (1) shall not apply to new claims, filed on or after July 1, 2007, by claimants who become unemployed as a result of an employer terminating business operations within this state, declaring bankruptcy or initiating a work force reduction pursuant to public law 100-379, the federal worker adjustment and retraining notification act (29 U.S.C. 2101 through 2109), as amended. The secretary shall adopt rules and regulations to administer the provisions of this paragraph. (3) a claimant shall become eligible to receive compensation for the waiting period of one week, pursuant to paragraph (1), upon completion of three weeks of unemployment consecutive to such waiting period. (e) For benefit years established on and after the effective date of this act, the claimant has been paid total wages for insured work in the claimants base period of not less than 30 times the claimants weekly benefit amount and has been paid wages in more than one quarter of the claimants base period, except that the wage credits of an individual earned during the period commencing with the end of a prior base period and ending on the date on which such individual filed a valid initial claim shall not be available for benefit purposes in a subsequent benefit year unless, in addition thereto, such individual has returned to work and subsequently earned wages for insured work in an amount equal to at least eight times the claimants current weekly benefit amount. (f) The claimant participates in reemployment services, such as job search assistance services, if the individual has been determined to be likely to exhaust regular benefits and needs reemployment services pursuant to a profiling system established by the secretary, unless the secretary determines that: (1) The individual has completed such services; or (2) there is justifiable cause for the claimants failure to participate in such services. (g) The claimant is returning to work after a qualifying injury and has been paid total wages for insured work in the claimants alternative base period of not less than 30 times the claimants weekly benefit amount and has been paid wages in more than one quarter of the claimants alternative base period if: (1) The claimant has filed for benefits within four weeks of being released to return to work by a licensed and practicing health care provider.
(2) The claimant files for benefits within 24 months of the date the qualifying injury occurred. (3) The claimant attempted to return to work with the employer where the qualifying injury occurred, but the individuals regular work or comparable and suitable work was not available. Sec. 4. From and after July 1, 2011, K.S.A. 2010 Supp. 44-706 is hereby amended to read as follows: 44-706. An individual shall be disqualified for benefits: (a) If the individual left work voluntarily without good cause attributable to the work or the employer, subject to the other provisions of this subsection (a). Failure to return to work after expiration of approved personal or medical leave, or both, shall be considered a voluntary resignation. After a temporary job assignment, failure of an individual to affirmatively request an additional assignment on the next succeeding workday, if required by the employment agreement, after completion of a given work assignment, shall constitute leaving work voluntarily. The disqualification shall begin the day following the separation and shall continue until after the individual has become reemployed and has had earnings from insured work of at least three times the individuals weekly benefit amount. An individual shall not be disqualified under this subsection (a) if: (1) The individual was forced to leave work because of illness or injury upon the advice of a licensed and practicing health care provider and, upon learning of the necessity for absence, immediately notified the employer thereof, or the employer consented to the absence, and after recovery from the illness or injury, when recovery was certified by a practicing health care provider, the individual returned to the employer and offered to perform services and the individuals regular work or comparable and suitable work was not available;. As used in this paragraph (1) health care provider means any person licensed by the proper licensing authority of any state to engage in the practice of medicine and surgery, osteopathy, chiropractic, dentistry, optometry, podiatry or psychology; (2) the individual left temporary work to return to the regular employer; (3) the individual left work to enlist in the armed forces of the United States, but was rejected or delayed from entry; (4) the individual spouse of an individual who is a member of the armed forces of the United States who left work because of the voluntary or involuntary transfer of the individuals spouse from one job to another job, which is for the same employer or for a different employer, at a geographic location which makes it unreasonable for the individual to continue work at the individuals job;. For the purposes of this provision the term armed forces means active duty in the army, navy, marine corps, air force, coast guard or any branch of the military reserves of the United States; (5) the individual left work because of hazardous working conditions; in determining whether or not working conditions are hazardous for an individual, the degree of risk involved to the individuals health, safety and morals, the individuals physical fitness and prior training and the working conditions of workers engaged in the same or similar work for the same and other employers in the locality shall be considered; as used in this paragraph (5), hazardous working conditions means working conditions that could result in a danger to the physical or mental well-being of the individual; each determination as to whether hazardous working conditions exist shall include, but shall not be limited to, a consideration of (A) the safety measures used or the lack thereof, and (B) the condition of equipment or lack of proper equipment; no work shall be considered hazardous if the working conditions surrounding the individuals work are the same or substantially the same as the working conditions generally prevailing among individuals performing the same or similar work for other employers engaged in the same or similar type of activity; (6) the individual left work to enter training approved under section 236(a)(1) of the federal trade act of 1974, provided the work left is not of a substantially equal or higher skill level than the individuals past adversely affected employment (as defined for purposes of the federal trade act of 1974), and wages for such work are not less than 80% of the individuals average weekly wage as determined for the purposes of the federal trade act of 1974; (7) the individual left work because of unwelcome harassment of the individual by the employer or another employee of which the employing unit had knowledge;
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(8) the individual left work to accept better work; each determination as to whether or not the work accepted is better work shall include, but shall not be limited to, consideration of (A) the rate of pay, the hours of work and the probable permanency of the work left as compared to the work accepted, (B) the cost to the individual of getting to the work left in comparison to the cost of getting to the work accepted, and (C) the distance from the individuals place of residence to the work accepted in comparison to the distance from the individuals residence to the work left; (9) the individual left work as a result of being instructed or requested by the employer, a supervisor or a fellow employee to perform a service or commit an act in the scope of official job duties which is in violation of an ordinance or statute; (10) the individual left work because of a violation of the work agreement by the employing unit and, before the individual left, the individual had exhausted all remedies provided in such agreement for the settlement of disputes before terminating; (11) after making reasonable efforts to preserve the work, the individual left work due to a personal emergency of such nature and compelling urgency that it would be contrary to good conscience to impose a disqualification; or (12) (A) the individual left work due to circumstances resulting from domestic violence, including: (i) The individuals reasonable fear of future domestic violence at or en route to or from the individuals place of employment; or (ii) the individuals need to relocate to another geographic area in order to avoid future domestic violence; or (iii) the individuals need to address the physical, psychological and legal impacts of domestic violence; or (iv) the individuals need to leave employment as a condition of receiving services or shelter from an agency which provides support services or shelter to victims of domestic violence; or (v) the individuals reasonable belief that termination of employment is necessary to avoid other situations which may cause domestic violence and to provide for the future safety of the individual or the individuals family. (B) An individual may prove the existence of domestic violence by providing one of the following: (i) A restraining order or other documentation of equitable relief by a court of competent jurisdiction; or (ii) a police record documenting the abuse; or (iii) documentation that the abuser has been convicted of one or more of the offenses enumerated in articles 34 and 35 of chapter 21 of the Kansas Statutes Annotated sections 36 through 77, 174, 210, 211 or 229 through 231 of chapter 136 of the 2010 Session Laws of Kansas, and amendments thereto, where the victim was a family or household member; or (iv) medical documentation of the abuse; or (v) a statement provided by a counselor, social worker, health care provider, clergy, shelter worker, legal advocate, domestic violence or sexual assault advocate or other professional who has assisted the individual in dealing with the effects of abuse on the individual or the individuals family; or (vi) a sworn statement from the individual attesting to the abuse. (C) No evidence of domestic violence experienced by an individual, including the individuals statement and corroborating evidence, shall be disclosed by the department of labor unless consent for disclosure is given by the individual. (b) If the individual has been discharged for misconduct connected with the individuals work. The disqualification shall begin the day following the separation and shall continue until after the individual becomes reemployed and has had earnings from insured work of at least three times the individuals determined weekly benefit amount, except that if an individual is discharged for gross misconduct connected with the individuals work, such individual shall be disqualified for benefits until such individual again becomes employed and has had earnings from insured work of at least eight times such individuals determined weekly benefit amount. In addition, all wage credits attributable to the employment from which the individual was discharged for gross misconduct connected with the individuals work shall be canceled. No such cancellation of wage credits shall affect prior payments made as a result of a prior separation.
(1) For the purposes of this subsection (b), misconduct is defined as a violation of a duty or obligation reasonably owed the employer as a condition of employment. The term gross misconduct as used in this subsection (b) shall be construed to mean conduct evincing extreme, willful or wanton misconduct as defined by this subsection (b). Failure of the employee to notify the employer of an absence shall be considered prima facie evidence of a violation of a duty or obligation reasonably owed the employer as a condition of employment. (2) For the purposes of this subsection (b), the use of or impairment caused by alcoholic liquor, a cereal malt beverage or a nonprescribed controlled substance by an individual while working shall be conclusive evidence of misconduct and the possession of alcoholic liquor, a cereal malt beverage or a nonprescribed controlled substance by an individual while working shall be prima facie evidence of conduct which is a violation of a duty or obligation reasonably owed to the employer as a condition of employment. Alcoholic liquor shall be defined as provided in K.S.A. 41102, and amendments thereto. Cereal malt beverage shall be defined as provided in K.S.A. 41-2701, and amendments thereto. Controlled substance shall be defined as provided in K.S.A. 2010 Supp. 21-36a01, and amendments thereto. As used in this subsection (b)(2) paragraph, required by law means required by a federal or state law, a federal or state rule or regulation having the force and effect of law, a county resolution or municipal ordinance, or a policy relating to public safety adopted in open meeting by the governing body of any special district or other local governmental entity. Chemical test shall include, but is not limited to, tests of urine, blood or saliva. A positive chemical test shall mean a chemical result showing a concentration at or above the levels listed in K.S.A. 44-501, and amendments thereto, for the drugs or abuse listed therein. A positive breath test shall mean a test result showing an alcohol concentration of .04 or greater. Alcohol concentration means the number of grams of alcohol per 210 liters of breath. An individuals refusal to submit to a chemical test or breath alcohol test shall be conclusive evidence of misconduct if the test meets the standards of the drug free workplace act, 41 U.S.C. 701 et seq.; the test was administered as part of an employee assistance program or other drug or alcohol treatment program in which the employee was participating voluntarily or as a condition of further employment; the test was otherwise required by law and the test constituted a required condition of employment for the individuals job; the test was requested pursuant to a written policy of the employer of which the employee had knowledge and was a required condition of employment; or there was probable cause to believe that the individual used, possessed or was impaired by alcoholic liquor, a cereal malt beverage or a controlled substance while working. A positive breath alcohol test or a positive chemical test shall be conclusive evidence to prove misconduct if the following conditions are met: (A) Either (i) the test was required by law and was administered pursuant to the drug free workplace act, 41 U.S.C. 701 et seq., (ii) the test was administered as part of an employee assistance program or other drug or alcohol treatment program in which the employee was participating voluntarily or as a condition of further employment, (iii) the test was requested pursuant to a written policy of the employer of which the employee had knowledge and was a required condition of employment, (iv) the test was required by law and the test constituted a required condition of employment for the individuals job, or (v) there was probable cause to believe that the individual used, had possession of, or was impaired by alcoholic liquor, the cereal malt beverage or the controlled substance while working; (B) the test sample was collected either (i) as prescribed by the drug free workplace act, 41 U.S.C. 701 et seq., (ii) as prescribed by an employee assistance program or other drug or alcohol treatment program in which the employee was participating voluntarily or as a condition of further employment, (iii) as prescribed by the written policy of the employer of which the employee had knowledge and which constituted a required condition of employment, (iv) as prescribed by a test which was required by law and which constituted a required condition of employment for the individuals job, or (v) at a time contemporaneous with the events establishing probable cause;
(continued)
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(C) the collecting and labeling of a chemical test sample was performed by a licensed health care professional or any other individual certified pursuant to paragraph (b)(2)(F) or authorized to collect or label test samples by federal or state law, or a federal or state rule or regulation having the force or effect of law, including law enforcement personnel; (D) the chemical test was performed by a laboratory approved by the United States department of health and human services or licensed by the department of health and environment, except that a blood sample may be tested for alcohol content by a laboratory commonly used for that purpose by state law enforcement agencies; (E) the chemical test was confirmed by gas chromatography, gas chromatography-mass spectroscopy or other comparably reliable analytical method, except that no such confirmation is required for a blood alcohol sample or a breath alcohol test; (F) the breath alcohol test was administered by an individual trained to perform breath tests, the breath testing instrument used was certified and operated strictly according to description provided by the manufacturers and the reliability of the instrument performance was assured by testing with alcohol standards; and (G) the foundation evidence must establish, beyond a reasonable doubt, that the test results were from the sample taken from the individual. (3) (A) For the purposes of this subsection (b), misconduct shall include, but not be limited to repeated absence, including incarceration, resulting in absence from work of three days or longer, excluding Saturdays, Sundays and legal holidays, and lateness, from scheduled work if the facts show: (i) The individual was absent without good cause; (ii) the absence was in violation of the employers written absenteeism policy; (iii) the employer gave or sent written notice to the individual, at the individuals last known address, that future absence may or will result in discharge; and (iv) the employee had knowledge of the employers written absenteeism policy. (B) For the purposes of this subsection (b), if an employee disputes being absent without good cause, the employee shall present evidence that a majority of the employees absences were for good cause. If the employee alleges that the employees repeated absences were the result of health related issues, such evidence shall include documentation from a licensed and practicing health care provider as defined in subsection (a)(1). (4) An individual shall not be disqualified under this subsection if the individual is discharged under the following circumstances: (A) The employer discharged the individual after learning the individual was seeking other work or when the individual gave notice of future intent to quit; (B) the individual was making a good-faith effort to do the assigned work but was discharged due to: (i) Inefficiency, (ii) unsatisfactory performance due to inability, incapacity or lack of training or experience, (iii) isolated instances of ordinary negligence or inadvertence, (iv) good-faith errors in judgment or discretion, or (v) unsatisfactory work or conduct due to circumstances beyond the individuals control; or (C) the individuals refusal to perform work in excess of the contract of hire. (c) If the individual has failed, without good cause, to either apply for suitable work when so directed by the employment office of the secretary of labor, or to accept suitable work when offered to the individual by the employment office, the secretary of labor, or an employer, such disqualification shall begin with the week in which such failure occurred and shall continue until the individual becomes reemployed and has had earnings from insured work of at least three times such individuals determined weekly benefit amount. In determining whether or not any work is suitable for an individual, the secretary of labor, or a person or persons designated by the secretary, shall consider the degree of risk involved to health, safety and morals, physical fitness and prior training, experience and prior earnings, length of unemployment and prospects for securing local work in the individuals customary occupation or work for which the individual is reasonably fitted by training or experience, and the distance of the available work from
the individuals residence. Notwithstanding any other provisions of this act, an otherwise eligible individual shall not be disqualified for refusing an offer of suitable employment, or failing to apply for suitable employment when notified by an employment office, or for leaving the individuals most recent work accepted during approved training, including training approved under section 236(a)(1) of the trade act of 1974, if the acceptance of or applying for suitable employment or continuing such work would require the individual to terminate approved training and no work shall be deemed suitable and benefits shall not be denied under this act to any otherwise eligible individual for refusing to accept new work under any of the following conditions: (1) If the position offered is vacant due directly to a strike, lockout or other labor dispute; (2) if the remuneration, hours or other conditions of the work offered are substantially less favorable to the individual than those prevailing for similar work in the locality; (3) if as a condition of being employed, the individual would be required to join or to resign from or refrain from joining any labor organization; (4) if the individual left employment as a result of domestic violence, and the position offered does not reasonably accommodate the individuals physical, psychological, safety, and/or legal needs relating to such domestic violence. (d) For any week with respect to which the secretary of labor, or a person or persons designated by the secretary, finds that the individuals unemployment is due to a stoppage of work which exists because of a labor dispute or there would have been a work stoppage had normal operations not been maintained with other personnel previously and currently employed by the same employer at the factory, establishment or other premises at which the individual is or was last employed, except that this subsection (d) shall not apply if it is shown to the satisfaction of the secretary of labor, or a person or persons designated by the secretary, that: (1) The individual is not participating in or financing or directly interested in the labor dispute which caused the stoppage of work; and (2) the individual does not belong to a grade or class of workers of which, immediately before the commencement of the stoppage, there were members employed at the premises at which the stoppage occurs any of whom are participating in or financing or directly interested in the dispute. If in any case separate branches of work which are commonly conducted as separate businesses in separate premises are conducted in separate departments of the same premises, each such department shall, for the purpose of this subsection (d) be deemed to be a separate factory, establishment or other premises. For the purposes of this subsection (d), failure or refusal to cross a picket line or refusal for any reason during the continuance of such labor dispute to accept the individuals available and customary work at the factory, establishment or other premises where the individual is or was last employed shall be considered as participation and interest in the labor dispute. (e) For any week with respect to which or a part of which the individual has received or is seeking unemployment benefits under the unemployment compensation law of any other state or of the United States, except that if the appropriate agency of such other state or the United States finally determines that the individual is not entitled to such unemployment benefits, this disqualification shall not apply. (f) For any week with respect to which the individual is entitled to receive any unemployment allowance or compensation granted by the United States under an act of congress to ex-service men and women in recognition of former service with the military or naval services of the United States. (g) For the period of one year beginning with the first day following the last week of unemployment for which the individual received benefits, or for one year from the date the act was committed, whichever is the later, if the individual, or another in such individuals behalf with the knowledge of the individual, has knowingly made a false statement or representation, or has knowingly failed to disclose a material fact to obtain or increase benefits under this act or any other unemployment compensation law administered by the secretary of labor. (h) For any week with respect to which the individual is receiving compensation for temporary total disability or permanent total disability under the workmens compensation law of any state or under a similar law of the United States. (i) For any week of unemployment on the basis of service in an instructional, research or principal administrative capacity for an
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educational institution as defined in subsection (v) of K.S.A. 44703, and amendments thereto, if such week begins during the period between two successive academic years or terms or, when an agreement provides instead for a similar period between two regular but not successive terms during such period or during a period of paid sabbatical leave provided for in the individuals contract, if the individual performs such services in the first of such academic years or terms and there is a contract or a reasonable assurance that such individual will perform services in any such capacity for any educational institution in the second of such academic years or terms. (j) For any week of unemployment on the basis of service in any capacity other than service in an instructional, research, or administrative capacity in an educational institution, as defined in subsection (v) of K.S.A. 44-703, and amendments thereto, if such week begins during the period between two successive academic years or terms if the individual performs such services in the first of such academic years or terms and there is a reasonable assurance that the individual will perform such services in the second of such academic years or terms, except that if benefits are denied to the individual under this subsection (j) and the individual was not offered an opportunity to perform such services for the educational institution for the second of such academic years or terms, such individual shall be entitled to a retroactive payment of benefits for each week for which the individual filed a timely claim for benefits and for which benefits were denied solely by reason of this subsection (j). (k) For any week of unemployment on the basis of service in any capacity for an educational institution as defined in subsection (v) of K.S.A. 44-703, and amendments thereto, if such week begins during an established and customary vacation period or holiday recess, if the individual performs services in the period immediately before such vacation period or holiday recess and there is a reasonable assurance that such individual will perform such services in the period immediately following such vacation period or holiday recess. (l) For any week of unemployment on the basis of any services, substantially all of which consist of participating in sports or athletic events or training or preparing to so participate, if such week begins during the period between two successive sport seasons or similar period if such individual performed services in the first of such seasons or similar periods and there is a reasonable assurance that such individual will perform such services in the later of such seasons or similar periods. (m) For any week on the basis of services performed by an alien unless such alien is an individual who was lawfully admitted for permanent residence at the time such services were performed, was lawfully present for purposes of performing such services, or was permanently residing in the United States under color of law at the time such services were performed, including an alien who was lawfully present in the United States as a result of the application of the provisions of section 212(d)(5) of the federal immigration and nationality act. Any data or information required of individuals applying for benefits to determine whether benefits are not payable to them because of their alien status shall be uniformly required from all applicants for benefits. In the case of an individual whose application for benefits would otherwise be approved, no determination that benefits to such individual are not payable because of such individuals alien status shall be made except upon a preponderance of the evidence. (n) For any week in which an individual is receiving a governmental or other pension, retirement or retired pay, annuity or other similar periodic payment under a plan maintained by a base period employer and to which the entire contributions were provided by such employer, except that: (1) If the entire contributions to such plan were provided by the base period employer but such individuals weekly benefit amount exceeds such governmental or other pension, retirement or retired pay, annuity or other similar periodic payment attributable to such week, the weekly benefit amount payable to the individual shall be reduced (but not below zero) by an amount equal to the amount of such pension, retirement or retired pay, annuity or other similar periodic payment which is attributable to such week; or (2) if only a portion of contributions to such plan were provided by the base period employer, the weekly benefit amount payable to such individual for such week shall be
reduced (but not below zero) by the prorated weekly amount of the pension, retirement or retired pay, annuity or other similar periodic payment after deduction of that portion of the pension, retirement or retired pay, annuity or other similar periodic payment that is directly attributable to the percentage of the contributions made to the plan by such individual; or (3) if the entire contributions to the plan were provided by such individual, or by the individual and an employer (or any person or organization) who is not a base period employer, no reduction in the weekly benefit amount payable to the individual for such week shall be made under this subsection (n); or (4) whatever portion of contributions to such plan were provided by the base period employer, if the services performed for the employer by such individual during the base period, or remuneration received for the services, did not affect the individuals eligibility for, or increased the amount of, such pension, retirement or retired pay, annuity or other similar periodic payment, no reduction in the weekly benefit amount payable to the individual for such week shall be made under this subsection (n). No reduction shall be made for payments made under the social security act or railroad retirement act of 1974. (o) For any week of unemployment on the basis of services performed in any capacity and under any of the circumstances described in subsection (i), (j) or (k) which an individual performed in an educational institution while in the employ of an educational service agency. For the purposes of this subsection (o), the term educational service agency means a governmental agency or entity which is established and operated exclusively for the purpose of providing such services to one or more educational institutions. (p) For any week of unemployment on the basis of service as a school bus or other motor vehicle driver employed by a private contractor to transport pupils, students and school personnel to or from school-related functions or activities for an educational institution, as defined in subsection (v) of K.S.A. 44-703, and amendments thereto, if such week begins during the period between two successive academic years or during a similar period between two regular terms, whether or not successive, if the individual has a contract or contracts, or a reasonable assurance thereof, to perform services in any such capacity with a private contractor for any educational institution for both such academic years or both such terms. An individual shall not be disqualified for benefits as provided in this subsection (p) for any week of unemployment on the basis of service as a bus or other motor vehicle driver employed by a private contractor to transport persons to or from nonschoolrelated functions or activities. (q) For any week of unemployment on the basis of services performed by the individual in any capacity and under any of the circumstances described in subsection (i), (j), (k) or (o) which are provided to or on behalf of an educational institution, as defined in subsection (v) of K.S.A. 44-703, and amendments thereto, while the individual is in the employ of an employer which is a governmental entity, Indian tribe or any employer described in section 501(c)(3) of the federal internal revenue code of 1986 which is exempt from income under section 501(a) of the code. (r) For any week in which an individual is registered at and attending an established school, training facility or other educational institution, or is on vacation during or between two successive academic years or terms. An individual shall not be disqualified for benefits as provided in this subsection (r) provided: (1) The individual was engaged in full-time employment concurrent with the individuals school attendance; or (2) the individual is attending approved training as defined in subsection (s) of K.S.A. 44-703, and amendments thereto; or (3) the individual is attending evening, weekend or limited day time classes, which would not affect availability for work, and is otherwise eligible under subsection (c) of K.S.A. 44-705, and amendments thereto. (s) For any week with respect to which an individual is receiving or has received remuneration in the form of a back pay award or settlement. The remuneration shall be allocated to the week or weeks in the manner as specified in the award or agreement, or in the absence of such specificity in the award or agreement, such remuneration shall be allocated to the week or weeks in which such remuneration, in the judgment of the secretary, would have been paid.
(continued)
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(1) For any such weeks that an individual receives remuneration in the form of a back pay award or settlement, an overpayment will be established in the amount of unemployment benefits paid and shall be collected from the claimant. (2) If an employer chooses to withhold from a back pay award or settlement, amounts paid to a claimant while they claimed unemployment benefits, such employer shall pay the department the amount withheld. With respect to such amount, the secretary shall have available all of the collection remedies authorized or provided in K.S.A. 44-717, and amendments thereto. (t) If the individual has been discharged for failing a preemployment drug screen required by the employer and if such discharge occurs not later than seven days after the employer is notified of the results of such drug screen. The disqualification shall begin the day following the separation and shall continue until after the individual becomes reemployed and has had earnings from insured work of at least three times the individuals determined weekly benefit amount. (u) If the individual was found not to have a disqualifying adjudication or conviction under K.S.A. 39-970, and amendments thereto, or K.S.A. 65-5117, and amendments thereto, was hired and then was subsequently convicted of a disqualifying felony under K.S.A. 39-970, and amendments thereto, or K.S.A. 65-5117, and amendments thereto, and discharged pursuant to K.S.A. 39-970, and amendments thereto, or K.S.A. 65-5117, and amendments thereto. The disqualification shall begin the day following the separation and shall continue until after the individual becomes reemployed and has had earnings from insured work of at least three times the individuals determined weekly benefit amount. Sec. 5. K.S.A. 2010 Supp. 44-710 is hereby amended to read as follows: 44-710. (a) Payment. Contributions shall accrue and become payable by each contributing employer for each calendar year in which the contributing employer is subject to the employment security law with respect to wages paid for employment. Such contributions shall become due and be paid by each contributing employer to the secretary for the employment security fund in accordance with such rules and regulations as the secretary may adopt and shall not be deducted, in whole or in part, from the wages of individuals in such employers employ. In the payment of any contributions, a fractional part of $.01 shall be disregarded unless it amounts to $.005 or more, in which case it shall be increased to $.01. Should contributions for any calendar quarter be less than $5, no payment shall be required. (b) Rates and base of contributions. (1) Except as provided in paragraph (2) of this subsection, each contributing employer shall pay contributions on wages paid by the contributing employer during each calendar year with respect to employment as provided in K.S.A. 44-710a and amendments thereto. Except that, notwithstanding the federal law requiring the secretary of labor to annually recalculate the contribution rate, for calendar years 2010 and, 2011, 2012, 2013 and 2014, the secretary shall charge each contributing employer in rate groups 1 through 32 the contribution rate in the 2010 original tax rate computation table, with contributing employers in rate groups 33 through 51 being capped at a 5.4% contribution rate. (2) (A) If the congress of the United States either amends or repeals the Wagner-Peyser act, the federal unemployment tax act, the federal social security act, or subtitle C of chapter 23 of the federal internal revenue code of 1986, or any act or acts supplemental to or in lieu thereof, or any part or parts of any such law, or if any such law, or any part or parts thereof, are held invalid with the effect that appropriations of funds by congress and grants thereof to the state of Kansas for the payment of costs of administration of the employment security law are no longer available for such purposes, or (B) if employers in Kansas subject to the payment of tax under the federal unemployment tax act are granted full credit against such tax for contributions or taxes paid to the secretary of labor, then, and in either such case, beginning with the year in which the unavailability of federal appropriations and grants for such purpose occurs or in which such change in liability for payment of such federal tax occurs and for each year thereafter, the rate of contributions of each contributing employer shall be equal to the total of .5% and the rate of contributions as determined for such contributing employer under K.S.A. 44-710a and amendments thereto. The amount of contributions which each contrib Kansas Secretary of State 2011
uting employer becomes liable to pay under this paragraph (2) over the amount of contributions which such contributing employer would be otherwise liable to pay shall be credited to the employment security administration fund to be disbursed and paid out under the same conditions and for the same purposes as other moneys are authorized to be paid from the employment security administration fund, except that, if the secretary determines that as of the first day of January of any year there is an excess in the employment security administration fund over the amount required to be disbursed during such year, an amount equal to such excess as determined by the secretary shall be transferred to the employment security fund. (c) Charging of benefit payments. (1) The secretary shall maintain a separate account for each contributing employer, and shall credit the contributing employers account with all the contributions paid on the contributing employers own behalf. Nothing in the employment security law shall be construed to grant any employer or individuals in such employers service prior claims or rights to the amounts paid by such employer into the employment security fund either on such employers own behalf or on behalf of such individuals. Benefits paid shall be charged against the accounts of each base period employer in the proportion that the base period wages paid to an eligible individual by each such employer bears to the total wages in the base period. Benefits shall be charged to contributing employers accounts and rated governmental employers accounts upon the basis of benefits paid during each twelvemonth period ending on the computation date. (2) (A) Benefits paid in benefit years established by valid new claims shall not be charged to the account of a contributing employer or rated governmental employer who is a base period employer if the examiner finds that claimant was separated from the claimants most recent employment with such employer under any of the following conditions: (i) Discharged for misconduct or gross misconduct connected with the individuals work; or (ii) leaving work voluntarily without good cause attributable to the claimants work or the employer. (B) Where base period wage credits of a contributing employer or rated governmental employer represent part-time employment and the claimant continues in that part-time employment with that employer during the period for which benefits are paid, then that employers account shall not be charged with any part of the benefits paid if the employer provides the secretary with information as required by rules and regulations. For the purposes of this subsection (c)(2)(B), part-time employment means any employment when an individual works concurrently for two or more employers and also works less than full-time for at least one of those employers because the individuals services are not required for the customary, scheduled full-time hours prevailing at the work place or the individual does not customarily work the regularly scheduled full-time hours due to personal choice or circumstances. (C) No contributing employer or rated governmental employers account shall be charged with any extended benefits paid in accordance with the employment security law, except for weeks of unemployment beginning after December 31, 1978, all contributing governmental employers and governmental rated employers shall be charged an amount equal to all extended benefits paid. (D) No contributing employer, rated governmental employer or reimbursing employers account shall be charged for any additional benefits paid during the period July 1, 2003 through June 30, 2004. (E) No contributing employer or rated governmental employers account will be charged for benefits paid a claimant while pursuing an approved training course as defined in subsection (s) of K.S.A. 44-703, and amendments thereto. (F) No contributing employer or rated governmental employers account shall be charged with respect to the benefits paid to any individual whose base period wages include wages for services not covered by the employment security law prior to January 1, 1978, to the extent that the employment security fund is reimbursed for such benefits pursuant to section 121 of public law 94566 (90 Stat. 2673). (G) With respect to weeks of unemployment beginning after December 31, 1977, wages for insured work shall include wages paid for previously uncovered services. For the purposes of this subsection (c)(2)(G), the term previously uncovered services
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means services which were not covered employment, at any time during the one-year period ending December 31, 1975, except to the extent that assistance under title II of the federal emergency jobs and unemployment assistance act of 1974 was paid on the basis of such services, and which: (i) Are agricultural labor as defined in subsection (w) of K.S.A. 44-703, and amendments thereto, or domestic service as defined in subsection (aa) of K.S.A. 44-703, and amendments thereto, or (ii) are services performed by an employee of this state or a political subdivision thereof, as provided in subsection (i)(3)(E) of K.S.A. 44-703, and amendments thereto, or (iii) are services performed by an employee of a nonprofit educational institution which is not an institution of higher education. (H) No contributing employer or rated governmental employers account shall be charged with respect to their pro rata share of benefit charges if such charges are of $100 or less. (3) The examiner shall notify any base period employer whose account will be charged with benefits paid following the filing of a valid new claim and a determination by the examiner based on all information relating to the claim contained in the records of the division of employment security. Such notice shall become final and benefits charged to the base period employers account in accordance with the claim unless within 10 calendar days from the date the notice was sent, the base period employer requests in writing that the examiner reconsider the determination and furnishes any required information in accordance with the secretarys rules and regulations. In a similar manner, a notice of an additional claim followed by the first payment of benefits with respect to the benefit year, filed by an individual during a benefit year after a period in such year during which such individual was employed, shall be given to any base period employer of the individual who has requested such a notice within 10 calendar days from the date the notice of the valid new claim was sent to such base period employer. For purposes of this subsection (c)(3), if the required information is not submitted or postmarked within a response time limit of 10 days after the base period employer notice was sent, the base period employer shall be deemed to have waived its standing as a party to the proceedings arising from the claim and shall be barred from protesting any subsequent decisions about the claim by the secretary, a referee, the board of review or any court, except that the base period employers response time limit may be waived or extended by the examiner or upon appeal, if timely response was impossible due to excusable neglect. The examiner shall notify the employer of the reconsidered determination which shall be subject to appeal, or further reconsideration, in accordance with the provisions of K.S.A. 44-709, and amendments thereto. (4) Time, computation and extension. In computing the period of time for a base period employer response or appeals under this section from the examiners or the special examiners determination or from the referees decision, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period shall be included unless it is a Saturday, Sunday or legal holiday, in which event the period runs until the end of the next day which is not a Saturday, Sunday or legal holiday. (d) Pooled fund. All contributions and payments in lieu of contributions and benefit cost payments to the employment security fund shall be pooled and available to pay benefits to any individual entitled thereto under the employment security law, regardless of the source of such contributions or payments in lieu of contributions or benefit cost payments. (e) Election to become reimbursing employer; payment in lieu of contributions. (1) Any governmental entity, Indian tribes or tribal units, (subdivisions, subsidiaries or business enterprises wholly owned by such Indian tribes), for which services are performed as described in subsection (i)(3)(E) of K.S.A. 44-703, and amendments thereto, or any nonprofit organization or group of nonprofit organizations described in section 501(c)(3) of the federal internal revenue code of 1986 which is exempt from income tax under section 501(a) of such code, that becomes subject to the employment security law may elect to become a reimbursing employer under this subsection (e)(1) and agree to pay the secretary for the employment security fund an amount equal to the amount of regular benefits and 12 of the extended benefits paid that are attributable
to service in the employ of such reimbursing employer, except that each reimbursing governmental employer, Indian tribes or tribal units shall pay an amount equal to the amount of regular benefits and extended benefits paid for weeks of unemployment beginning after December 31, 1978, for governmental employers and December 21, 2000, for Indian tribes or tribal units to individuals for weeks of unemployment which begin during the effective period of such election. (A) Any employer identified in this subsection (e)(1) may elect to become a reimbursing employer for a period encompassing not less than four complete calendar years if such employer files with the secretary a written notice of such election within the 30-day period immediately following January 1 of any calendar year or within the 30-day period immediately following the date on which a determination of subjectivity to the employment security law is issued, whichever occurs later. (B) Any employer which makes an election to become a reimbursing employer in accordance with subparagraph (A) of this subsection (e)(1) will continue to be liable for payments in lieu of contributions until such employer files with the secretary a written notice terminating its election not later than 30 days prior to the beginning of the calendar year for which such termination shall first be effective. (C) Any employer identified in this subsection (e)(1) which has remained a contributing employer and has been paying contributions under the employment security law for a period subsequent to January 1, 1972, may change to a reimbursing employer by filing with the secretary not later than 30 days prior to the beginning of any calendar year a written notice of election to become a reimbursing employer. Such election shall not be terminable by the employer for four complete calendar years. (D) The secretary may for good cause extend the period within which a notice of election, or a notice of termination, must be filed and may permit an election to be retroactive but not any earlier than with respect to benefits paid after January 1 of the year such election is received. (E) The secretary, in accordance with such rules and regulations as the secretary may adopt, shall notify each employer identified in subsection (e)(1) of any determination which the secretary may make of its status as an employer and of the effective date of any election which it makes to become a reimbursing employer and of any termination of such election. Such determinations shall be subject to reconsideration, appeal and review in accordance with the provisions of K.S.A. 44-710b, and amendments thereto. (2) Reimbursement reports and payments. Payments in lieu of contributions shall be made in accordance with the provisions of paragraph (A) of this subsection (e)(2) by all reimbursing employers except the state of Kansas. Each reimbursing employer shall report total wages paid during each calendar quarter by filing quarterly wage reports with the secretary which shall be filed by the last day of the month following the close of each calendar quarter. Wage reports are deemed filed as of the date they are placed in the United States mail. (A) At the end of each calendar quarter, or at the end of any other period as determined by the secretary, the secretary shall bill each reimbursing employer, except the state of Kansas, (i) an amount to be paid which is equal to the full amount of regular benefits plus 12 of the amount of extended benefits paid during such quarter or other prescribed period that is attributable to service in the employ of such reimbursing employer; and (ii) for weeks of unemployment beginning after December 31, 1978, each reimbursing governmental employer and December 21, 2000, for Indian tribes or tribal units shall be certified an amount to be paid which is equal to the full amount of regular benefits and extended benefits paid during such quarter or other prescribed period that is attributable to service in the employ of such reimbursing governmental employer. (B) Payment of any bill rendered under paragraph (A) of this subsection (e)(2) shall be made not later than 30 days after such bill was mailed to the last known address of the reimbursing employer, or otherwise was delivered to such reimbursing employer, unless there has been an application for review and redetermination in accordance with paragraph (D) of this subsection (e)(2).
(continued)
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(C) Payments made by any reimbursing employer under the provisions of this subsection (e)(2) shall not be deducted or deductible, in whole or in part, from the remuneration of individuals in the employ of such employer. (D) The amount due specified in any bill from the secretary shall be conclusive on the reimbursing employer, unless, not later than 15 days after the bill was mailed to the last known address of such employer, or was otherwise delivered to such employer, the reimbursing employer files an application for redetermination in accordance with K.S.A. 44-710b, and amendments thereto. (E) Past due payments of amounts certified by the secretary under this section shall be subject to the same interest, penalties and actions required by K.S.A. 44-717, and amendments thereto. (1) If any nonprofit organization or group of nonprofit organizations described in section 501(c)(3) of the federal internal revenue code of 1986 or governmental reimbursing employer is delinquent in making payments of amounts certified by the secretary under this section, the secretary may terminate such employers election to make payments in lieu of contributions as of the beginning of the next calendar year and such termination shall be effective for such next calendar year and the calendar year thereafter so that the termination is effective for two complete calendar years. (2) Failure of the Indian tribe or tribal unit to make required payments, including assessment of interest and penalty within 90 days of receipt of the bill will cause the Indian tribe to lose the option to make payments in lieu of contributions as described pursuant to paragraph (e)(1) for the following tax year unless payment in full is received before contribution rates for the next tax year are calculated. (3) Any Indian tribe that loses the option to make payments in lieu of contributions due to late payment or nonpayment, as described in paragraph (2), shall have such option reinstated, if after a period of one year, all contributions have been made on time and no contributions, payments in lieu of contributions for benefits paid, penalties or interest remain outstanding. (F) Failure of the Indian tribe or any tribal unit thereof to make required payments, including assessments of interest and penalties, after all collection activities deemed necessary by the secretary have been exhausted, will cause services performed by such tribe to not be treated as employment for purposes of subsection (i)(3)(E) of K.S.A. 44-703, and amendments thereto. If an Indian tribe fails to make payments required under this section, including assessments of interest and penalties, within 90 days of a final notice of delinquency, the secretary shall immediately notify the United States internal revenue service and the United States department of labor. The secretary may determine that any Indian tribe that loses coverage pursuant to this paragraph may have services performed on behalf of such tribe again deemed employment if all contributions, payments in lieu of contributions, penalties and interest have been paid. (G) In the discretion of the secretary, any employer who elects to become liable for payments in lieu of contributions and any nonprofit organization or group of nonprofit organizations described in section 501(c)(3) of the federal internal revenue code of 1986 or governmental reimbursing employer or Indian tribe or tribal unit who is delinquent in filing reports or in making payments of amounts certified by the secretary under this section shall be required within 60 days after the effective date of such election, in the case of an eligible employer so electing, or after the date of notification to the delinquent employer under this subsection (e)(2)(G), in the case of a delinquent employer, to execute and file with the secretary a surety bond, except that the employer may elect, in lieu of a surety bond, to deposit with the secretary money or securities as approved by the secretary or to purchase and deliver to an escrow agent a certificate of deposit to guarantee payment. The amount of the bond, deposit or escrow agreement required by this subsection (e)(2)(G) shall not exceed 5.4% of the organizations taxable wages paid for employment by the eligible employer during the four calendar quarters immediately preceding the effective date of the election or the date of notification, in the case of a delinquent employer. If the employer did not pay wages in each of such four calendar quarters, the amount of the bond or deposit shall be as determined by the secretary. Upon the failure of an employer to comply with this subsection (e)(2)(G) within the time limits imposed or to maintain the required bond or deposit, the secretary may terminate the election of such eligible employer
or delinquent employer, as the case may be, to make payments in lieu of contributions, and such termination shall be effective for the current and next calendar year. (H) The state of Kansas shall make reimbursement payments quarterly at a fiscal year rate which shall be based upon: (i) The available balance in the states reimbursing account as of December 31 of each calendar year; (ii) the historical unemployment experience of all covered state agencies during prior years; (iii) the estimate of total covered wages to be paid during the ensuing calendar year; (iv) the applicable fiscal year rate of the claims processing and auditing fee under K.S.A. 75-3798, and amendments thereto; and (v) actuarial and other information furnished to the secretary by the secretary of administration. In accordance with K.S.A. 753798, and amendments thereto, the claims processing and auditing fees charged to state agencies shall be deducted from the amounts collected for the reimbursement payments under this paragraph (H) prior to making the quarterly reimbursement payments for the state of Kansas. The fiscal year rate shall be expressed as a percentage of covered total wages and shall be the same for all covered state agencies. The fiscal year rate for each fiscal year will be certified in writing by the secretary to the secretary of administration on July 15 of each year and such certified rate shall become effective on the July 1 immediately following the date of certification. A detailed listing of benefit charges applicable to the states reimbursing account shall be furnished quarterly by the secretary to the secretary of administration and the total amount of charges deducted from previous reimbursing payments made by the state. On January 1 of each year, if it is determined that benefit charges exceed the amount of prior reimbursing payments, an upward adjustment shall be made therefor in the fiscal year rate which will be certified on the ensuing July 15. If total payments exceed benefit charges, all or part of the excess may be refunded, at the discretion of the secretary, from the fund or retained in the fund as part of the payments which may be required for the next fiscal year. (3) Allocation of benefit costs. The reimbursing account of each reimbursing employer shall be charged the full amount of regular benefits and 12 of the amount of extended benefits paid except that each reimbursing governmental employers account shall be charged the full amount of regular benefits and extended benefits paid for weeks of unemployment beginning after December 31, 1978, to individuals whose entire base period wage credits are from such employer. When benefits received by an individual are based upon base period wage credits from more than one employer then the reimbursing employers or reimbursing governmental employers account shall be charged in the same ratio as base period wage credits from such employer bear to the individuals total base period wage credits. Notwithstanding any other provision of the employment security law, no reimbursing employers or reimbursing governmental employers account shall be charged for payments of extended benefits which are wholly reimbursed to the state by the federal government. (A) Proportionate allocation (when fewer than all reimbursing base period employers are liable). If benefits paid to an individual are based on wages paid by one or more reimbursing employers and on wages paid by one or more contributing employers or rated governmental employers, the amount of benefits payable by each reimbursing employer shall be an amount which bears the same ratio to the total benefits paid to the individual as the total base period wages paid to the individual by such employer bears to the total base period wages paid to the individual by all of such individuals base period employers. (B) Proportionate allocation (when all base period employers are reimbursing employers). If benefits paid to an individual are based on wages paid by two or more reimbursing employers, the amount of benefits payable by each such employer shall be an amount which bears the same ratio to the total benefits paid to the individual as the total base period wages paid to the individual by such employer bear to the total base period wages paid to the individual by all of such individuals base period employers. (4) Group accounts. Two or more reimbursing employers may file a joint application to the secretary for the establishment of a group account for the purpose of sharing the cost of benefits paid that are attributable to service in the employment of such reimbursing employers. Each such application shall identify and authorize a group representative to act as the groups agent for the
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purposes of this subsection (e)(4). Upon approval of the application, the secretary shall establish a group account for such employers effective as of the beginning of the calendar quarter in which the secretary receives the application and shall notify the groups representative of the effective date of the account. Such account shall remain in effect for not less than four years and thereafter such account shall remain in effect until terminated at the discretion of the secretary or upon application by the group. Upon establishment of the account, each member of the group shall be liable for payments in lieu of contributions with respect to each calendar quarter in the amount that bears the same ratio to the total benefits paid in such quarter that are attributable to service performed in the employ of all members of the group as the total wages paid for service in employment by such member in such quarter bear to the total wages paid during such quarter for service performed in the employ of all members of the group. The secretary shall adopt such rules and regulations as the secretary deems necessary with respect to applications for establishment, maintenance and termination of group accounts that are authorized by this subsection (e)(4), for addition of new members to, and withdrawal of active members from such accounts, and for the determination of the amounts that are payable under this subsection (e)(4) by members of the group and the time and manner of such payments. Sec. 6. K.S.A. 2010 Supp. 44-710a is hereby amended to read as follows: 44-710a. (a) Classification of employers by the secretary. The term employer as used in this section refers to contributing employers. The secretary shall classify employers in accordance with their actual experience in the payment of contributions on their own behalf and with respect to benefits charged against their accounts with a view of fixing such contribution rates as will reflect such experience. If, as of the date such classification of employers is made, the secretary finds that any employing unit has failed to file any report required in connection therewith, or has filed a report which the secretary finds incorrect or insufficient, the secretary shall make an estimate of the information required from such employing unit on the basis of the best evidence reasonably available to the secretary at the time, and notify the employing unit thereof by mail addressed to its last known address. Unless such employing unit shall file the report or a corrected or sufficient report as the case may be, within 15 days after the mailing of such notice, the secretary shall compute such employing units rate of contributions on the basis of such estimates, and the rate as so determined shall be subject to increase but not to reduction on the basis of subsequently ascertained information. The secretary shall determine the contribution rate of each employer in accordance with the requirements of this section. (1) New employers. (A) No employer will be eligible for a rate computation until there have been 24 consecutive calendar months immediately preceding the computation date throughout which benefits could have been charged against such employers account. (B) (i) For the rate year 2007 and each rate year thereafter, each employer who is not eligible for a rate contribution shall pay contributions equal to 4% of wages paid during each calendar year with regard to employment except such employers engaged in the construction industry shall pay a rate equal to 6%. (ii) For rate years prior to 2007, employers who are not eligible for a rate computation shall pay contributions at an assigned rate equal to the sum of 1% plus the greater of the average rate assigned in the preceding calendar year to all employers in such industry sector or the average rate assigned to all covered employers during the preceding calendar year, except that in no instance shall any such assigned rate be less than 2%. Employers engaged in more than one type of industrial activity shall be classified by principal activity. All rates assigned will remain in effect for a complete calendar year. If the sale or acquisition of a new establishment would require reclassification of the employer to a different industry sector, the employer would be promptly notified, and the contribution rate applicable to the new industry sector would become effective the following January 1. (iii) For purposes of this subsection (a), employers shall be classified by industrial activity in accordance with standard procedures as set forth in rules and regulations adopted by the secretary. (C) Computation date means June 30 of each calendar year with respect to rates of contribution applicable to the calendar year
beginning with the following January 1. In arriving at contribution rates for each calendar year, contributions paid on or before July 31 following the computation date for employment occurring on or prior to the computation date shall be considered for each contributing employer who has been subject to this act for a sufficient period of time to have such employers rate computed under this subsection (a). (2) Eligible employers. (A) A reserve ratio shall be computed for each eligible employer by the following method: Total benefits charged to the employers account for all past years shall be deducted from all contributions paid by such employer for all such years. The balance, positive or negative, shall be divided by the employers average annual payroll, and the result shall constitute the employer reserve ratio. (B) Negative account balance employers as defined in subsection (d) shall pay contributions at the rate of 5.4% for each calendar year. (C) Eligible employers, other than negative account balance employers, who do not meet the average annual payroll requirements as stated in subsection (a)(2) of K.S.A. 44-703, and amendments thereto, will be issued the maximum rate indicated in subsection (a)(3)(C) of this section until such employer establishes a new period of 24 consecutive calendar months immediately preceding the computation date throughout which benefits could have been charged against such employers account by resuming the payment of wages. Contribution rates effective for each calendar year thereafter shall be determined as prescribed below. (D) As of each computation date, the total of the taxable wages paid during the 12-month period prior to the computation date by all employers eligible for rate computation, except negative account balance employers, shall be divided into 51 approximately equal parts designated in column A of schedule I as rate groups, except, with regard to a year in which the taxable wage base changes. The taxable wages used in the calculation for such a year and the following year shall be an estimate of what the taxable wages would have been if the new taxable wage base had been in effect during the entire twelve-month period prior to the computation date. The lowest numbered of such rate groups shall consist of the employers with the most favorable reserve ratios, as defined in this section, whose combined taxable wages paid are less than 1.96% of all taxable wages paid by all eligible employers. Each succeeding higher numbered rate group shall consist of employers with reserve ratios that are less favorable than those of employers in the preceding lower numbered rate groups and whose taxable wages when combined with the taxable wages of employers in all lower numbered rate groups equal the appropriate percentage of total taxable wages designated in column B of schedule I. Each eligible employer, other than a negative account balance employer, shall be assigned an experience factor designated under column C of schedule I in accordance with the rate group to which the employer is assigned on the basis of the employers reserve ratio and taxable payroll. If an employers taxable payroll falls into more than one rate group the employer shall be assigned the experience factor of the lower numbered rate group. If one or more employers have reserve ratios identical to that of the last employer included in the next lower numbered rate group, all such employers shall be assigned the experience factor designated to such last employer, notwithstanding the position of their taxable payroll in column B of schedule I. Column A Rate group 1 2 3 4 5 6 7 8 9 10 SCHEDULE IEligible Employers Column B Column C Cumulative Experience factor taxable payroll (Ratio to total wages) Less than 1.96% ....................... .025% 1.96% but less than 3.92 ............. .40 3.92 but less than 5.88 ............... .80 5.88 but less than 7.84 ............... .12 7.84 but less than 9.80 ............... .16 9.80 but less than 11.76 .............. .20 11.76 but less than 13.72 ............ .24 13.72 but less than 15.68 ............ .28 15.68 but less than 17.64 ............ .32 17.64 but less than 19.60 ............ .36
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11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 19.60 but less than 21.56 ............ 21.56 but less than 23.52 ............ 23.52 but less than 25.48 ............ 25.48 but less than 27.44 ............ 27.44 but less than 29.40 ............ 29.40 but less than 31.36 ............ 31.36 but less than 33.32 ............ 33.32 but less than 35.28 ............ 35.28 but less than 37.24 ............ 37.24 but less than 39.20 ............ 39.20 but less than 41.16 ............ 41.16 but less than 43.12 ............ 43.12 but less than 45.08 ............ 45.08 but less than 47.04 ............ 47.04 but less than 49.00 ............ 49.00 but less than 50.96 ............ 50.96 but less than 52.92 ............ 52.92 but less than 54.88 ............ 54.88 but less than 56.84 ............ 56.84 but less than 58.80 ............ 58.80 but less than 60.76 ............ 60.76 but less than 62.72 ............ 62.72 but less than 64.68 ............ 64.68 but less than 66.64 ............ 66.64 but less than 68.60 ............ 68.60 but less than 70.56 ............ 70.56 but less than 72.52 ............ 72.52 but less than 74.48 ............ 74.48 but less than 76.44 ............ 76.44 but less than 78.40 ............ 78.40 but less than 80.36 ............ 80.36 but less than 82.32 ............ 82.32 but less than 84.28 ............ 84.28 but less than 86.24 ............ 86.24 but less than 88.20 ............ 88.20 but less than 90.16 ............ 90.16 but less than 92.12 ............ 92.12 but less than 94.08 ............ 94.08 but less than 96.04 ............ 96.04 but less than 98.00 ............ 98.00 and over ........................
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.40 .44 .48 .52 .56 .60 .64 .68 .72 .76 .80 .84 .88 .92 .96 1.00 1.04 1.08 1.12 1.16 1.20 1.24 1.28 1.32 1.36 1.40 1.44 1.48 1.52 1.56 1.60 1.64 1.68 1.72 1.76 1.80 1.84 1.88 1.92 1.96 2.00
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year thereafter, the surcharge rate for negative balance employers with a negative reserve ratio between 0.0% and 19.9% shall be as listed in schedule II column B1. (ii) For the calendar year 2012, and each calendar year thereafter, an additional surcharge on negative balance employers with negative reserve ratio of 20.0% and higher shall be designated an interest assessment surcharge and deposited in the employment security interest assessment fund. The additional surcharge shall be used for the purposes of paying interest due and owing on fund received from the federal unemployment account under title XII of the social security act. The total surcharge including the additional surcharge on such employers is listed in schedule II column B3 of this section. (iii) For any succeeding year in which interest is due and owing on funds received from the federal unemployment account under title XII of the social security act, the secretary of labor may adjust the surcharge amounts necessary to pay such interest; (iv) the portion of such surcharge used for the payment of such interest shall not be included in the calculation of such employers reserve ratio pursuant to subsection (a)(2). The portion of such surcharge used for the payment of principal shall be included in the calculation of such employers reserve ratio pursuant to subsection (a)(2); and (v) if the amounts collected under this subsection are in excess of the amounts needed to pay interest due, the amounts in excess shall remain in the employment security interest assessment fund to be used to pay interest in future years. Whenever the secretary certifies all interest payments have been paid pursuant to this section, any excess funds remaining in the employment security interest assessment fund shall be transferred to the employment security trust fund for the purpose of paying any remaining principal amount due for advances described in this section. In the event that the amount transferred from the employment security interest assessment fund exceeds such remaining amount of principal due, the balance shall be used for the purposes of the employment security trust fund. SCHEDULE IISurcharge on Negative Accounts Column A Column B Negative Reserve Ratio Surcharge as a percent of taxable wages Less than 2.0% ........................................................ 0.20% 2.0% but less than 4.0 .................................................... .40 4.0 but less than 6.0....................................................... .60 6.0 but less than 8.0....................................................... .80 8.0 but less than 10.0 ................................................... 1.00 10.0 but less than 12.0 .................................................. 1.20 12.0 but less than 14.0 .................................................. 1.40 14.0 but less than 16.0 .................................................. 1.60 16.0 but less than 18.0 .................................................. 1.80 18.0 and over............................................................. 2.00
Column A Negative Reserve Ratio Column B1 Surcharge as a percent of taxable wages Column B2 Surcharge as a percent of taxable wages Column B3 Surcharge as a percent of taxable wages
(E) Negative account balance employers shall, in addition to paying the rate provided for in subsection (a)(2)(B) of this section, pay a surcharge based on the size of the employers negative reserve ratio, the calculation which is provided for in subsection (a)(2) of this section. The amount of the surcharge shall be determined from column B of schedule II of this section column B2 of schedule II of this section for calendar years 2012, 2013, 2014 and from column B1 of schedule II of this section for each calendar year after 2014. Each negative account balance employer who does not satisfy the requirements to have an average annual payroll, as defined by subsection (a)(2) of K.S.A. 44-703, and amendments thereto, shall be assigned a surcharge of 2% equal to the maximum negative ratio surcharge from column B2 of schedule II of this section for calendar years 2012, 2013 and 2014. From calendar year 2015 forward each negative account balance employer who does not satisfy the requirements to have an average annual payroll, as defined by subsection (a)(2) of K.S.A. 44703, and amendments thereto, shall be assigned a surcharge equal to the maximum negative ratio surcharge from column B1 of schedule II of this section. Contribution payments made pursuant to this subsection (a)(2)(E) shall be credited to the appropriate account of such negative account balance employer. Funds from the surcharge paid according to this subsection (a)(2)(E), and amendments thereto, shall be used to pay principal and interest due on funds received from the federal unemployment account under title XII of the social security act, (42 U.S.C. 1321 to 1324), in the following manner: (i) For each calendar year 2012, 2013 and 2014, an additional 0.10% of the taxable wages paid by all negative account balance employers with a negative reserve ratio between 0.0% and 19.9% shall be designated an interest assessment surcharge and paid into the employment security interest assessment fund for the purpose of paying interest due and owing on funds received from the federal unemployment account under title XII of the social security act. The total surcharges assessed, including the additional 0.10% surcharge mentioned above, on such employers are listed in schedule II column B2. For the calendar year 2015, and each calendar
Less than 2.0% . . . . . . . . . . . . . . . . . . . . . . .0.20% . . . . . . . . . . . .0.30% 2.0% but less than 4.0. . . . . . . . . . . . . . . . .0.40 . . . . . . . . . . . . . .0.50 4.0 but less than 6.0. . . . . . . . . . . . . . . . . . .0.60 . . . . . . . . . . . . . .0.70 6.0 but less than 8.0. . . . . . . . . . . . . . . . . . .0.80 . . . . . . . . . . . . . .0.90 8.0 but less than 10.0 . . . . . . . . . . . . . . . . .1.00 . . . . . . . . . . . . . .1.10 10.0 but less than 12.0 . . . . . . . . . . . . . . . .1.20 . . . . . . . . . . . . . .1.30 12.0 but less than 14.0 . . . . . . . . . . . . . . . .1.40 . . . . . . . . . . . . . .1.50 14.0 but less than 16.0 . . . . . . . . . . . . . . . .1.60 . . . . . . . . . . . . . .1.70 16.0 but less than 18.0 . . . . . . . . . . . . . . . .1.80 . . . . . . . . . . . . . .1.90 18.0 but less than 20.0 . . . . . . . . . . . . . . . .2.00 . . . . . . . . . . . . . .2.10 20.0 but less than 22.0 . . . . . . . . . . . . . . . .2.00 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2.20 22.0 but less than 24.0 . . . . . . . . . . . . . . . .2.00 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2.40 24.0 but less than 26.0 . . . . . . . . . . . . . . . .2.00 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2.60 26.0 but less than 28.0 . . . . . . . . . . . . . . . .2.00 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2.80 28.0 but less than 30.0 . . . . . . . . . . . . . . . .2.00 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3.00 30.0 but less than 32.0 . . . . . . . . . . . . . . . .2.00 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3.20 32.0 but less than 34.0 . . . . . . . . . . . . . . . .2.00 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3.40 34.0 but less than 36.0 . . . . . . . . . . . . . . . .2.00 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3.60 36.0 but less than 38.0 . . . . . . . . . . . . . . . .2.00 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3.80 38.0 and over . . . . . . . . . . . . . . . . . . . . . . . . .2.00 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4.00
(3) Planned yield. (A) The average required yield shall be determined from schedule III of this section, and the planned yield on total wages in column B of schedule III shall be determined by the reserve fund ratio in column A of schedule III. The reserve fund ratio shall be determined by dividing total assets in the employment security fund provided for in subsection (a) of K.S.A. 44-712,
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0.63 0.64 0.65 0.66 0.67 0.68 0.69 0.70 0.71 0.72 0.73 0.74 0.75 0.76 0.77 0.78 0.79 0.80 0.81 0.82 0.83 0.84 0.85 0.86 0.87 0.88 0.89 0.90 0.91 0.92 0.93 0.94 0.95 0.96 0.97 0.98 0.99 1.00 1.01 1.02 1.03 1.04 1.05 1.06 1.07 1.08 1.09 1.10
and amendments thereto, excluding all moneys credited to the account of this state pursuant to section 903 of the federal social security act, as amended, which have been appropriated by the state legislature, whether or not withdrawn from the trust fund, and excluding contributions not yet paid on July 31 by total payrolls for contributing employers for the preceding fiscal year which ended June 30. SCHEDULE IIIFund Control Ratios to Total Wages Column A Column B Reserve Fund Ratio Planned Yield 4.500 and over .......................................................... 0.00 4.475 but less than 4.500 .............................................. 0.01 4.450 but less than 4.475 .............................................. 0.02 4.425 but less than 4.450 .............................................. 0.03 4.400 but less than 4.425 .............................................. 0.04 4.375 but less than 4.400 .............................................. 0.05 4.350 but less than 4.375 .............................................. 0.06 4.325 but less than 4.350 .............................................. 0.07 4.300 but less than 4.325 .............................................. 0.08 4.275 but less than 4.300 .............................................. 0.09 4.250 but less than 4.275 .............................................. 0.10 4.225 but less than 4.250 .............................................. 0.11 4.200 but less than 4.225 .............................................. 0.12 4.175 but less than 4.200 .............................................. 0.13 4.150 but less than 4.175 .............................................. 0.14 4.125 but less than 4.150 .............................................. 0.15 4.100 but less than 4.125 .............................................. 0.16 4.075 but less than 4.100 .............................................. 0.17 4.050 but less than 4.075 .............................................. 0.18 4.025 but less than 4.050 .............................................. 0.19 4.000 but less than 4.025 .............................................. 0.20 3.950 but less than 4.000 .............................................. 0.21 3.900 but less than 3.950 .............................................. 0.22 3.850 but less than 3.900 .............................................. 0.23 3.800 but less than 3.850 .............................................. 0.24 3.750 but less than 3.800 .............................................. 0.25 3.700 but less than 3.750 .............................................. 0.26 3.650 but less than 3.700 .............................................. 0.27 3.600 but less than 3.650 .............................................. 0.28 3.550 but less than 3.600 .............................................. 0.29 3.500 but less than 3.550 .............................................. 0.30 3.450 but less than 3.500 .............................................. 0.31 3.400 but less than 3.450 .............................................. 0.32 3.350 but less than 3.400 .............................................. 0.33 3.300 but less than 3.350 .............................................. 0.34 3.250 but less than 3.300 .............................................. 0.35 3.200 but less than 3.250 .............................................. 0.36 3.150 but less than 3.200 .............................................. 0.37 3.100 but less than 3.150 .............................................. 0.38 3.050 but less than 3.100 .............................................. 0.39 3.000 but less than 3.050 .............................................. 0.40 2.950 but less than 3.000 .............................................. 0.41 2.900 but less than 2.950 .............................................. 0.42 2.850 but less than 2.900 .............................................. 0.43 2.800 but less than 2.850 .............................................. 0.44 2.750 but less than 2.800 .............................................. 0.45 2.700 but less than 2.750 .............................................. 0.46 2.650 but less than 2.700 .............................................. 0.47 2.600 but less than 2.650 .............................................. 0.48 2.550 but less than 2.600 .............................................. 0.49 2.500 but less than 2.550 .............................................. 0.50 2.450 but less than 2.500 .............................................. 0.51 2.400 but less than 2.450 .............................................. 0.52 2.350 but less than 2.400 .............................................. 0.53 2.300 but less than 2.350 .............................................. 0.54 2.250 but less than 2.300 .............................................. 0.55 2.200 but less than 2.250 .............................................. 0.56 2.150 but less than 2.200 .............................................. 0.57 2.100 but less than 2.150 .............................................. 0.58 2.050 but less than 2.100 .............................................. 0.59 2.000 but less than 2.050 .............................................. 0.60 1.975 but less than 2.000 .............................................. 0.61 1.950 but less than 1.975 .............................................. 0.62
1.925 but less than 1.950 .............................................. 1.900 but less than 1.925 .............................................. 1.875 but less than 1.900 .............................................. 1.850 but less than 1.875 .............................................. 1.825 but less than 1.850 .............................................. 1.800 but less than 1.825 .............................................. 1.775 but less than 1.800 .............................................. 1.750 but less than 1.775 .............................................. 1.725 but less than 1.750 .............................................. 1.700 but less than 1.725 .............................................. 1.675 but less than 1.700 .............................................. 1.650 but less than 1.675 .............................................. 1.625 but less than 1.650 .............................................. 1.600 but less than 1.625 .............................................. 1.575 but less than 1.600 .............................................. 1.550 but less than 1.575 .............................................. 1.525 but less than 1.550 .............................................. 1.500 but less than 1.525 .............................................. 1.475 but less than 1.500 .............................................. 1.450 but less than 1.475 .............................................. 1.425 but less than 1.450 .............................................. 1.400 but less than 1.425 .............................................. 1.375 but less than 1.400 .............................................. 1.350 but less than 1.375 .............................................. 1.325 but less than 1.350 .............................................. 1.300 but less than 1.325 .............................................. 1.275 but less than 1.300 .............................................. 1.250 but less than 1.275 .............................................. 1.225 but less than 1.250 .............................................. 1.200 but less than 1.225 .............................................. 1.175 but less than 1.200 .............................................. 1.150 but less than 1.175 .............................................. 1.125 but less than 1.150 .............................................. 1.100 but less than 1.125 .............................................. 1.075 but less than 1.100 .............................................. 1.050 but less than 1.075 .............................................. 1.025 but less than 1.050 .............................................. 1.000 but less than 1.025 .............................................. 0.900 but less than 1.000 .............................................. 0.800 but less than 0.900 .............................................. 0.700 but less than 0.800 .............................................. 0.600 but less than 0.700 .............................................. 0.500 but less than 0.600 .............................................. 0.400 but less than 0.500 .............................................. 0.300 but less than 0.400 .............................................. 0.200 but less than 0.300 .............................................. 0.100 but less than 0.200 .............................................. Less than 0.100% .......................................................
(B) Adjustment to taxable wages. The planned yield as a percent of total wages, as determined in this subsection (a)(3), shall be adjusted to taxable wages by multiplying by the ratio of total wages to taxable wages for all contributing employers for the preceding fiscal year ending June 30, except, with regard to a year in which the taxable wage base changes. The taxable wages used in the calculation for such a year and the following year shall be an estimate of what the taxable wages would have been if the new taxable wage base had been in effect during all of the preceding fiscal year ending June 30. (C) Effective rates. (i) Except with regard to rates for negative account balance employers, employer contribution rates to be effective for the ensuing calendar year shall be computed by adjusting proportionately the experience factors from schedule I of this section to the required yield on taxable wages. For the purposes of this subsection (a)(3), all rates computed shall be rounded to the nearest .01% and for calendar year 1983 and ensuing calendar years, the maximum effective contribution rate shall not exceed 5.4%. (ii) For rate year 2007 and subsequent rate years, employers who are current in filing quarterly wage reports and in payment of all contributions due and owing, shall be issued a contribution rate based upon the following reduction: for rate groups 1 through 5, the rates would be reduced to 0.00%; for rate groups 6 through 28, the rates would be reduced by 50%; for rate groups 29 through 51, the rates would be reduced by 40%.
(continued)
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(iii) In order to be eligible for the reduced rates for rate year 2007, the employer must file all late reports and pay all contributions due and owing within a 30-day period following the date of mailing of the amended rate notice. (iv) In order to be eligible for the reduced rates for rate year 2008 and subsequent rate years, employers must file all reports due and pay all contributions due and owing on or before January 31 of the applicable year, except that the reduced rates for otherwise eligible employers shall not be effective for any rate year if the average high cost multiple of the employment security trust fund balance falls below 1.2 as of the computation date of that years rates. For the purposes of this provision, the average high cost multiple is the reserve fund ratio, as defined by subsection (a)(3)(A), divided by the average high benefit cost rate. The average high benefit cost rate shall be determined by averaging the three highest benefit cost rates over the last 20 years from the preceding fiscal year which ended June 30. The high benefit cost rate is defined by dividing total benefits paid in the fiscal year by total payrolls for covered employers in the fiscal year. (b) Successor classification. (1) (A) For the purposes of this subsection (b), whenever an employing unit, whether or not it is an employing unit within the meaning of subsection (g) of K.S.A. 44-703, and amendments thereto, becomes an employer pursuant to subsection (h)(4) of K.S.A. 44-703, and amendments thereto, or is an employer at the time of acquisition and meets the definition of a successor employer as defined by subsection (dd) of K.S.A. 44-703, and amendments thereto, and thereafter transfers its trade or business, or any portion thereof, to another employer and, at the time of the transfer, there is substantially common ownership, management or control of the two employers, then the unemployment experience attributable to the transferred trade or business shall be transferred to the employer to whom such business is so transferred. These experience factors consist of all contributions paid, benefit experience and annual payrolls of the predecessor employer. The transfer of some or all of an employers workforce to another employer shall be considered a transfer of trade or business when, as the result of such transfer, the transferring employer no longer performs trade or business with respect to the transferred workforce, and such trade or business is performed by the employer to whom the workforce is transferred. (B) If, following a transfer of experience under subparagraph (A), the secretary determines that a substantial purpose of the transfer or business was to obtain a reduced liability for contributions, then the experience rating accounts of the employers involved shall be combined into a single account and a single rate assigned to such account. (2) A successor employer as defined by subsection (h)(4) or subsection (dd) of K.S.A. 44-703, and amendments thereto, may receive the experience rating factors of the predecessor employer if an application is made to the secretary or the secretarys designee in writing within 120 days of the date of the transfer. (3) Whenever an employing unit, whether or not it is an employing unit within the meaning of subsection (g) of K.S.A. 44703, and amendments thereto, acquires or in any manner succeeds to a percentage of an employers annual payroll which is less than 100% and intends to continue the acquired percentage as a going business, the employing unit may acquire the same percentage of the predecessors experience factors if: (A) The predecessor employer and successor employing unit make an application in writing on the form prescribed by the secretary, (B) the application is submitted within 120 days of the date of the transfer, (C) the successor employing unit is or becomes an employer subject to this act immediately after the transfer, (D) the percentage of the experience rating factors transferred shall not be thereafter used in computing the contribution rate for the predecessor employer, and (E) the secretary finds that such transfer will not tend to defeat or obstruct the object and purposes of this act. (4) (A) The rate of both employers in a full or partial successorship under paragraph (1) of this subsection shall be recalculated and made effective on the first day of the next calendar quarter following the date of transfer of trade or business. (B) If a successor employer is determined to be qualified under paragraph (2) or (3) of this subsection to receive the experience rating factors of the predecessor employer, the rate assigned to the
successor employer for the remainder of the contributions year shall be determined by the following: (i) If the acquiring employing unit was an employer subject to this act prior to the date of the transfer, the rate of contribution shall be the same as the contribution rate of the acquiring employer on the date of the transfer. (ii) If the acquiring employing unit was not an employer subject to this act prior to the date of the transfer, the successor employer shall have a newly computed rate for the remainder of the contribution year which shall be based on the transferred experience rating factors as they existed on the most recent computation date immediately preceding the date of acquisition. These experience rating factors consist of all contributions paid, benefit experience and annual payrolls. (5) Whenever an employing unit is not an employer at the time it acquires the trade or business of an employer, the unemployment experience factors of the acquired business shall not be transferred to such employing unit if the secretary finds that such employing unit acquired the business solely or primarily for the purpose of obtaining a lower rate of contributions. Instead, such employing unit shall be assigned the applicable industry rate for a new employer as described in subsection (a)(1) of this section. In determining whether the business was acquired solely or primarily for the purpose of obtaining a lower rate of contributions, the secretary shall use objective factors which may include the cost of acquiring the business, whether the employer continued the business enterprise of the acquired business, how long such business enterprise was continued, or whether a substantial number of new employees were hired for performance of duties unrelated to the business activity conducted prior to acquisition. (6) Whenever an employers account has been terminated as provided in subsections (d) and (e) of K.S.A. 44-711, and amendments thereto, and the employer continues with employment to liquidate the business operations, that employer shall continue to be an employer subject to the employment security law as provided in subsection (h)(8) of K.S.A. 44-703, and amendments thereto. The rate of contribution from the date of transfer to the end of the then current calendar year shall be the same as the contribution rate prior to the date of the transfer. At the completion of the then current calendar year, the rate of contribution shall be that of a new employer as described in subsection (a)(1) of this section. (7) No rate computation will be permitted an employing unit succeeding to the experience of another employing unit pursuant to this section for any period subsequent to such succession except in accordance with rules and regulations adopted by the secretary. Any such regulations shall be consistent with federal requirements for additional credit allowance in section 3303 of the federal internal revenue code of 1986, and consistent with the provisions of this act. (c) Voluntary contributions. Notwithstanding any other provision of the employment security law, any employer may make voluntary payments for the purpose of reducing or maintaining a reduced rate in addition to the contributions required under this section. Such voluntary payments may be made only during the thirty-day period immediately following the date of mailing of experience rating notices for a calendar year. All such voluntary contribution payments shall be paid prior to the expiration of 120 days after the beginning of the year for which such rates are effective. The amount of voluntary contributions shall be credited to the employers account as of the next preceding computation date and the employers rate shall be computed accordingly, except that no employers rate shall be reduced more than five rate groups as provided in schedule I of this section as the result of a voluntary payment. An employer not having a negative account balance may have such employers rate reduced not more than five rate groups as provided in schedule I of this section as a result of a voluntary payment. An employer having a negative account balance may have such employers rate reduced to that prescribed for rate group 51 of schedule I of this section by making a voluntary payment in the amount of such negative account balance or to that rate prescribed for rate groups 50 through 47 of schedule I of this section by making an additional voluntary payment that would increase such employers reserve ratio to the lower limit required for such rate groups 50 through 47. Under no circumstances shall voluntary payments be refunded in whole or in part.
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(d) As used in this section, negative account balance employer means an eligible employer whose total benefits charged to such employers account for all past years have exceeded all contributions paid by such employer for all such years. (e) There is hereby established in the state treasury, separate and apart from all public moneys or funds of this state, an employment security interest assessment fund, which shall be administered by the secretary as provided in this act. Moneys in the employment security fund established by K.S.A 44-712, and amendments thereto, and employment security interest assessment fund established by 44-710, and amendments thereto, shall not be invested in the pooled money investment portfolio established under K.S.A 75-4234, and amendments thereto. Notwithstanding the provisions of subsection (a) of K.S.A. 44-712, K.S.A. 44-716, K.S.A. 44717 and K.S.A. 75-4234, and amendments thereto, or any like provision the secretary shall remit all moneys received from employers pursuant to the interest payment assessment established in section (a)(2)(E), and amendments thereto, to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the employment security interest assessment fund. All moneys in this fund which are received from employers pursuant to the interest payment assessment established in section (a)(2)(E), and amendments thereto, shall be expended solely for the purposes and in the amounts found by the secretary necessary to pay any principal and interest due and owing the United States department of labor resulting from any advancements made to the Kansas employment security fund pursuant to the provisions of title XII of the social security act (42 U.S.C. 1321 to 1324) except as may be otherwise provided under section (a)(2)(E), and amendments thereto. Notwithstanding any provision of this section, all moneys received and credited to this fund pursuant to section (a)(2)(E), and amendments thereto, pursuant to section (a)(2)(E), and amendments thereto, shall remain part of the employment security interest assessment fund and shall be used only in accordance with the conditions specified in section (a)(2)(E), and amendments thereto. (e) (f) The secretary of labor shall annually prepare and submit a certification as to the solvency and adequacy of the amount credited to the state of Kansas account in the federal employment security trust fund to the governor and the employment security advisory council. The certification shall be submitted on or before December 1 of each calendar year and shall be for the 12-month period ending on June 30 of that calendar year. In arriving at the certification contributions paid on or before July 31 following the 12-month period ending date of June 30 shall be considered. Each certification shall be used to determine the need for any adjustment to schedule III in subsection (a)(3)(A) and to assist in preparing legislation to accomplish any such adjustment. Sec. 7. K.S.A. 2010 Supp. 44-717 is hereby amended to read as follows: 44-717. (a) (1) Penalties on past-due reports, interest on pastdue contributions, payments in lieu of contributions and, benefit cost payments and interest assessments made under K.S.A. 44-710a, and amendments thereto. Any employer or any officer or agent of an employer, who fails to file any wage report or contribution return by the last day of the month following the close of each calendar quarter to which they are related shall pay a penalty as provided by this subsection (a) for each month or fraction of a month until the report or return is received by the secretary of labor except that for calendar years 2010 and 2011 an employer or any officer or agent of the employer shall have up to 90 days past the due date for any of the first three calendar quarters in a calendar year to pay such employers contribution without being charged any interest, however, when the 90 day period has passed, the provisions of this section shall apply. The penalty for each month or fraction of a month shall be an amount equal to .05% of the total wages paid by the employer during the quarter, except that no penalty shall be less than $25 nor more than $200 for each such report or return not timely filed. Contributions and, benefit cost payments and interest assessments made pursuant to K.S.A. 44-710a, and amendments thereto, unpaid by the last day of the month following the last calendar quarter to which they are related and payments in lieu of contributions unpaid 30 days after the mailing of the statement of benefit charges, shall bear interest at the rate of 1% per month or fraction of a month until payment is received by the secretary of labor except that an employing unit, which is not theretofore subject to this law and which becomes an employer and does not refuse to make the reports, returns and contributions, payments in lieu of contri-
butions and benefit cost payments required under this law, shall not be liable for such penalty or interest if the wage reports and contribution returns required are filed and the contributions, payments in lieu of contributions or benefit cost payments required are paid within 10 days following notification by the secretary of labor that a determination has been made fixing its status as an employer subject to this law. Upon written request and good cause shown, the secretary of labor may abate any penalty or interest or portion thereof provided for by this subsection (a). Interest amounting to less than $5 shall be waived by the secretary of labor and shall not be collected. Penalties and interest collected pursuant to this subsection shall be paid into the special employment security fund. For all purposes under this section, amounts assessed as surcharges under subsection (j) or under K.S.A. 44-710a, and amendments thereto, shall be considered to be contributions and shall be subject to penalties and interest imposed under this section and to collection in the manner provided by this section. For all purposes under this section, amounts assessed under K.S.A. 44-710a, and amendments thereto, shall be subject to penalties and interest imposed under this section and to collection in the manner provided in this section. For purposes of this subsection, a wage report, a contribution return, a contribution, a payment in lieu of contribution or a benefit cost payment, a benefit cost payment or an interest assessment made pursuant to K.S.A. 44-710a, and amendments thereto, is deemed to be filed or paid as of the date it is placed in the United States mail. (2) Notices of payment and reporting delinquency to Indian tribes or their tribal units shall include information that failure to make full payment within the prescribed time frame: (i) Will cause the Indian tribe to be liable for taxes under FUTA; (ii) will cause the Indian tribe to lose the option to make payments in lieu of contributions; (iii) could cause the Indian tribe to be excepted from the definition of employer, as provided in paragraph (h)(3) of K.S.A. 44703, and amendments thereto, and services in the employ of the Indian tribe, as provided in paragraph (i)(3)(E) of K.S.A. 44-703, and amendments thereto, to be excepted from employment. (b) Collection. (1) If, after due notice, any employer defaults in payment of any penalty, contributions, payments in lieu of contributions, benefit cost payments, interest assessments made pursuant to K.S.A. 44-710a, and amendments thereto, or interest thereon the amount due may be collected by civil action in the name of the secretary of labor and the employer adjudged in default shall pay the cost of such action. Civil actions brought under this section to collect contributions, payments in lieu of contributions, benefit cost payments, interest assessments made pursuant to K.S.A. 44-710a, and amendments thereto, penalties, or interest thereon from an employer shall be heard by the district court at the earliest possible date and shall be entitled to preference upon the calendar of the court over all other civil actions except petitions for judicial review under this act and cases arising under the workmens compensation act. All liability determinations of contributions due, payments in lieu of contributions or benefit cost payments, benefit cost payments and interest assessments made pursuant to K.S.A. 44-710a, and amendments thereto, due shall be made within a period of five years from the date such contributions, payments in lieu of contributions or benefit cost payments, benefit cost payments and interest assessments made pursuant to K.S.A. 44-710a, and amendments thereto, were due except such determinations may be made for any time when an employer has filed fraudulent reports with intent to evade liability. (2) Any employing unit which is not a resident of this state and which exercises the privilege of having one or more individuals perform service for it within this state and any resident employing unit which exercises that privilege and thereafter removes from this state, shall be deemed thereby to appoint the secretary of state as its agent and attorney for the acceptance of process in any civil action under this subsection. In instituting such an action against any such employing unit the secretary of labor shall cause such process or notice to be filed with the secretary of state and such service shall be sufficient service upon such employing unit and shall be of the same force and validity as if served upon it personally within this state. The secretary of labor shall send notice immediately of the service of such process or notice, together with a copy thereof, by registered or certified mail, return receipt requested, to such employing unit at its last-known address and such
(continued)
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return receipt, the affidavit of compliance of the secretary of labor with the provisions of this section, and a copy of the notice of service, shall be appended to the original of the process filed in the court in which such civil action is pending. (3) The district courts of this state shall entertain, in the manner provided in subsections (b)(1) and (b)(2), actions to collect contributions, payments in lieu of contributions, benefit cost payments interest assessments made pursuant to K.S.A. 44-710a, and amendments thereto, and other amounts owed including interest thereon for which liability has accrued under the employment security law of any other state or of the federal government. (c) Priorities under legal dissolutions or distributions. In the event of any distribution of employers assets pursuant to an order of any court under the laws of this state, including but not limited to any probate proceeding, interpleader, receivership, assignment for benefit of creditors, adjudicated insolvency, composition or similar proceedings, contributions or payments in lieu of contributions payments in lieu of contributions or interest assessments made under K.S.A. 44-710a, and amendments thereto, then or thereafter due shall be paid in full from the moneys which shall first come into the estate, prior to all other claims, except claims for wages of not more than $250 to each claimant, earned within six months of the commencement of the proceedings. In the event of an employers adjudication in bankruptcy, judicially confirmed extension proposal, or composition, under the federal bankruptcy act of 1898, as amended, contributions then or thereafter due shall be entitled to such priority as is provided in that act for taxes due any state of the United States. (d) Assessments. If any employer fails to file a report or return required by the secretary of labor for the determination of contributions, or payments in lieu of contributions, or benefit cost payments, the secretary of labor may make such reports or returns or cause the same to be made, on the basis of such information as the secretary may be able to obtain and shall collect the contributions, payments in lieu of contributions or benefit cost payments as determined together with any interest due under this act. The secretary of labor shall immediately forward to the employer a copy of the assessment by registered or certified mail to the employers address as it appears on the records of the agency, and such assessment shall be final unless the employer protests such assessment and files a corrected report or return for the period covered by the assessment within 15 days after the mailing of the copy of assessment. Failure to receive such notice shall not invalidate the assessment. Notice in writing shall be presumed to have been given when deposited as certified or registered matter in the United States mail, addressed to the person to be charged with notice at such persons address as it appears on the records of the agency. (e) (1) Lien. If any employer or person who is liable to pay contributions, payments in lieu of contributions or benefit cost payments, benefit cost payments and interest assessments made pursuant to K.S.A. 44-710a, and amendments thereto, neglects or refuses to pay the same after demand, the amount, including interest and penalty, shall be a lien in favor of the state of Kansas, secretary of labor, upon all property and rights to property, whether real or personal, belonging to such employer or person. Such lien shall not be valid as against any mortgagee, pledgee, purchaser or judgment creditor until notice thereof has been filed by the secretary of labor in the office of register of deeds in any county in the state of Kansas, in which such property is located, and when so filed shall be notice to all persons claiming an interest in the property of the employer or person against whom filed. The register of deeds shall enter such notices in the financing statement record and shall also record the same in full in miscellaneous record and index the same against the name of the delinquent employer. The register of deeds shall accept, file, and record such notice without prepayment of any fee, but lawful fees shall be added to the amount of such lien and collected when satisfaction is presented for entry. Such lien shall be satisfied of record upon the presentation of a certificate of discharge by the state of Kansas, secretary of labor. Nothing contained in this subsection (e) shall be construed as an invalidation of any lien or notice filed in the name of the unemployment compensation division or the employment security division and such liens shall be and remain in full force and effect until satisfied as provided by this subsection (e). (2) Authority of secretary or authorized representative. If any employer or person who is liable to pay any contributions, payments
in lieu of contributions or benefit cost payments, benefit cost payments and interest assessments made pursuant to K.S.A. 44-710a, and amendments thereto, including interest and penalty, neglects or refuses to pay the same within 10 days after notice and demand therefor, the secretary or the secretarys authorized representative may collect such contributions, payments in lieu of contributions or benefit cost payments, benefit cost payments and interest assessments made pursuant to K.S.A. 44-710a, and amendments thereto, including interest and penalty, and such further amount as is sufficient to cover the expenses of the levy, by levy upon all property and rights to property which belong to the employer or person or which have a lien created thereon by this subsection (e) for the payment of such contributions, payments in lieu of contributions or benefit cost payments, benefit cost payments and interest assessments made pursuant to K.S.A. 44-710a, and amendments thereto, including interest and penalty. As used in this subsection (e), property includes all real property and personal property, whether tangible or intangible, except such property which is exempt under K.S.A. 60-2301 et seq., and amendments thereto. Levy may be made upon the accrued salary or wages of any officer, employee or elected official of any state or local governmental entity which is subject to K.S.A. 60-723, and amendments thereto, by serving a notice of levy as provided in subsection (d) of K.S.A. 60-304, and amendments thereto. If the secretary or the secretarys authorized representative makes a finding that the collection of the amount of such contributions, payments in lieu of contributions or benefit cost payments, benefit cost payments and interest assessments made pursuant to K.S.A. 44-710a, and amendments thereto, including interest and penalty, is in jeopardy, notice and demand for immediate payment of such amount may be made by the secretary or the secretarys authorized representative and, upon failure or refusal to pay such amount, immediate collection of such amount by levy shall be lawful without regard to the 10-day period provided in this subsection (e). (3) Seizure and sale of property. The authority to levy granted under this subsection (e) includes the power of seizure by any means. A levy shall extend only to property possessed and obligations existing at the time thereof. In any case in which the secretary or the secretarys authorized representative may levy upon property or rights to property, the secretary or the secretarys authorized representative may seize and sell such property or rights to property. (4) Successive seizures. Whenever any property or right to property upon which levy has been made under this subsection (e) is not sufficient to satisfy the claim of the secretary for which levy is made, the secretary or the secretarys authorized representative may proceed thereafter and as often as may be necessary, to levy in like manner upon any other property or rights to property which belongs to the employer or person against whom such claim exists or upon which a lien is created by this subsection (e) until the amount due from the employer or person, together with all expenses, is fully paid. (f) Warrant. In addition or as an alternative to any other remedy provided by this section and provided that no appeal or other proceeding for review permitted by this law shall then be pending and the time for taking thereof shall have expired, the secretary of labor or an authorized representative of the secretary may issue a warrant certifying the amount of contributions, payments in lieu of contributions, benefit cost payments, interest or penalty, and the name of the employer liable for same after giving 15 days prior notice. Upon request, service of final notices shall be made by the sheriff within the sheriffs county, by the sheriffs deputy or some person specially appointed by the secretary for that purpose, or by the secretarys designee. A person specially appointed by the secretary or the secretarys designee to serve final notices may make service any place in the state. Final notices shall be served as follows: (1) Individual. Service upon an individual, other than a minor or incapacitated person, shall be made by delivering a copy of the final notice to the individual personally or by leaving a copy at such individuals dwelling house or usual place of abode with some person of suitable age and discretion then residing therein, by leaving a copy at the business establishment of the employer with an officer or employee of the establishment, or by delivering a copy to an agent authorized by appointment or by law to receive
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service of process, but if the agent is one designated by a statute to receive service, such further notice as the statute requires shall be given. If service as prescribed above cannot be made with due diligence, the secretary or the secretarys designee may order service to be made by leaving a copy of the final notice at the employers dwelling house, usual place of abode or business establishment. (2) Corporations and partnerships. Service upon a domestic or foreign corporation or upon a partnership or other unincorporated association, when by law it may be sued as such, shall be made by delivering a copy of the final notice to an officer, partner or resident managing or general agent thereof by leaving a copy at any business office of the employer with the person having charge thereof or by delivering a copy to any other agent authorized by appointment or required by law to receive service of process, if the agent is one authorized by law to receive service and, if the law so requires, by also mailing a copy to the employer. (3) Refusal to accept service. In all cases when the person to be served, or an agent authorized by such person to accept service of petitions and summonses, shall refuse to receive copies of the final notice, the offer of the duly authorized process server to deliver copies thereof and such refusal shall be sufficient service of such notice. (4) Proof of service. (A) Every officer to whom a final notice or other process shall be delivered for service within or without the state, shall make return thereof in writing stating the time, place and manner of service of such writ, and shall sign such officers name to such return. (B) If service of the notice is made by a person appointed by the secretary or the secretarys designee to make service, such person shall make an affidavit as to the time, place and manner of service thereof in a form prescribed by the secretary or the secretarys designee. (5) Time for return. The officer or other person receiving a final notice shall make a return of service promptly and shall send such return to the secretary or the secretarys designee in any event within 10 days after the service is effected. If the final notice cannot be served it shall be returned to the secretary or the secretarys designee within 30 days after the date of issue with a statement of the reason for the failure to serve the same. The original return shall be attached to and filed with any warrant thereafter filed. (6) Service by mail. (A) Upon direction of the secretary or the secretarys designee, service by mail may be effected by forwarding a copy of the notice to the employer by registered or certified mail to the employers address as it appears on the records of the agency. A copy of the return receipt shall be attached to and filed with any warrant thereafter filed. (B) The secretary of labor or an authorized representative of the secretary may file the warrant for record in the office of the clerk of the district court in the county in which the employer owing such contributions, payments in lieu of contributions, benefit cost payments, interest assessments made pursuant to K.S.A. 44-710a, and amendments thereto, interest, or penalty has business property. The warrant shall certify the amount of contributions, payments in lieu of contributions, benefit cost payments, interest and penalty due, and the name of the employer liable for such amount. It shall be the duty of the clerk of the district court to file such warrant of record and enter the warrant in the records of the district court for judgment and decrees under the procedure prescribed for filing transcripts of judgment. (C) The clerk shall enter, on the day the warrant is filed, the case on the appearance docket, together with the amount and the time of filing the warrant. From the time of filing such warrant, the amount of the contributions, payments in lieu of contributions, benefit cost payments, interest assessments made pursuant to K.S.A. 44-710a, and amendments thereto, interest, and penalty, certified therein, shall have the force and effect of a judgment of the district court until the same is satisfied by the secretary of labor or an authorized representative or attorney for the secretary. Execution shall be issuable at the request of the secretary of labor, an authorized representative or attorney for the secretary, as is provided in the case of other judgments. (D) Postjudgment procedures shall be the same as for judgments according to the code of civil procedure.
(E) Warrants shall be satisfied of record by payment to the clerk of the district court of the contributions, payments in lieu of contributions, benefit cost payments, interest assessments made pursuant to K.S.A. 44-710a, and amendments thereto, penalty, interest to date, and court costs. Warrants may also be satisfied of record by payment to the clerk of the district court of all court costs accrued in the case and by filing a certificate by the secretary of labor, certifying that the contributions, payments in lieu of contributions, benefit cost payments, interest assessments made pursuant to K.S.A. 44710a, and amendments thereto, interest and penalty have been paid. (g) Remedies cumulative. The foregoing remedies shall be cumulative and no action taken shall be construed as an election on the part of the state or any of its officers to pursue any remedy or action under this section to the exclusion of any other remedy or action for which provision is made. (h) Refunds. If any individual, governmental entity or organization makes application for refund or adjustment of any amount paid as contributions, benefit cost payments, interest assessments made pursuant to K.S.A. 44-710a, and amendments thereto, or interest under this law and the secretary of labor determines that such amount or any portion thereof was erroneously collected, except for amounts less than $5, the secretary of labor shall allow such individual or organization to make an adjustment thereof, in connection with subsequent contribution payments, or if such adjustment cannot be made the secretary of labor shall refund the amount, except for amounts less than $5, from the employment security fund, except that all interest erroneously collected which has been paid into the special employment security fund shall be refunded out of the special employment security fund. No adjustment or refund shall be allowed with respect to a payment as contributions, benefit cost payments interest assessments made pursuant to K.S.A. 44-710a, and amendments thereto, or interest unless an application therefor is made on or before whichever of the following dates is later: (1) One year from the date on which such payment was made; or (2) three years from the last day of the period with respect to which such payment was made. For like cause and within the same period adjustment or refund may be so made on the secretarys own initiative. The secretary of labor shall not be required to refund any contributions, payments in lieu of contributions or benefit cost payments based upon wages paid which have been used as base-period wages in a determination of a claimants benefit rights when justifiable and correct payments have been made to the claimant as the result of such determination. For all taxable years commencing after December 31, 1997, interest at the rate prescribed in K.S.A. 79-2968, and amendments thereto, shall be allowed on a contribution or benefit cost payment which the secretary has determined was erroneously collected pursuant to this section. (i) (1) Cash deposit or bond. If any contributing employer is delinquent in making payments under the employment security law during any two quarters of the most recent four-quarter period, the secretary or the secretarys authorized representative shall have the discretionary power to require such contributing employer either to deposit cash or to file a bond with sufficient sureties to guarantee the payment of contributions, interest assessments made pursuant to K.S.A. 44-710a, and amendments thereto, penalty and interest owed by such employer. (2) The amount of such cash deposit or bond shall be not less than the largest total amount of contributions, interest assessments made pursuant to K.S.A. 44-710a, and amendments thereto, penalty and interest reported by the employer in two of the four calendar quarters preceding any delinquency. Such cash deposit or bond shall be required until the employer has shown timely filing of reports and payment of contributions and interest assessments made pursuant to K.S.A. 44-710a, and amendments thereto, for four consecutive calendar quarters. (3) Failure to file such cash deposit or bond shall subject the employer to a surcharge of 2.0% which shall be in addition to the rate of contributions assigned to the employer under K.S.A. 44710a, and amendments thereto. Contributions paid as a result of this surcharge shall not be credited to the employers experience rating account. This surcharge shall be effective during the next full calendar year after its imposition and during each full calendar year thereafter until the employer has filed the required cash de(continued)
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posit or bond or has shown timely filing of reports and payment of contributions for four consecutive calendar quarters. (j) Any officer, major stockholder or other person who has charge of the affairs of an employer, which is an employing unit described in section 501(c)(3) of the federal internal revenue code of 1954 or which is any other corporate organization or association, or any member or manager of a limited liability company, or any public official, who willfully fails to pay the amount of contributions, payments in lieu of contributions or benefit cost payments, benefit cost payments and interest assessments made pursuant to K.S.A. 44-710a, and amendments thereto, required to be paid under the employment security law on the date on which such amount becomes delinquent, shall be personally liable for the total amount of the contributions, payments in lieu of contributions or benefit cost payments, benefit cost payments and interest assessments made pursuant to K.S.A. 44-710a, and amendments thereto, and any penalties and interest due and unpaid by such employing unit. The secretary or the secretarys authorized representative may assess such person for the total amount of contributions, payments in lieu of contributions or benefit cost payments, benefit cost payments and interest assessments made pursuant to K.S.A. 44-710a, and amendments thereto, and any penalties, and interest computed as due and owing. With respect to such persons and such amounts assessed, the secretary shall have available all of the collection remedies authorized or provided by this section. (k) Electronic filing of wage report and contribution return and electronic payment of contributions, benefit cost payments or, reimbursing payments or interest assessments under K.S.A. 44-710a, and amendments thereto. The following employers or third party administrators shall file all wage reports and contribution returns and make payment of contributions, benefit cost payments or reimbursing payments electronically as follows: (1) Wage reports, contribution returns and payments due after June 30, 2008, for those employers with 250 or more employees or third party administrators with 250 or more client employees at the time such filing or payment is first due; (2) wage reports, contribution returns and payments due after June 30, 2009, for those employers with 100 or more employees or third party administrators with 100 or more client employees at the time such filing or payment is first due; and (3) wage reports, contribution returns and payments, payments and interest assessments made pursuant to K.S.A. 44-710a, and amendments thereto, due after June 30, 2010, for those employers with 50 or more employees and for those third party administrators with 50 or more client employees at the time such filing or payment is first due. The requirements of this subsection may be waived by the secretary for an employer if the employer demonstrates a hardship in complying with this subsection. Sec. 8. K.S.A. 2010 Supp. 44-712 is hereby amended to read as follows: 44-712. (a) Establishment and control. There is hereby established as a special fund in the state treasury, separate and apart from all public moneys or funds of this state, an employment security fund, which shall be administered by the secretary as provided in this act. This fund shall consist of: (1) All contributions collected under this act; (2) interest earned upon any moneys in the fund; (3) all moneys credited to this states account in the federal unemployment trust fund, pursuant to section 903 of the social security act, 42 U.S.C.A. 1103, as amended; (4) any property or securities acquired through the use of moneys belonging to the fund, and all other moneys received for the fund from any other source; (5) all earnings of such property or securities. All moneys in this fund shall be mingled and undivided. (b) Accounts and deposits. The state treasurer shall be ex officio custodian of the fund. Payments from the fund, and for the purposes of this act deposits with the secretary of the treasury of the United States shall not be deemed to be payments from the fund, shall be made by any commercially-accepted means approved by the secretary. There shall be maintained within the fund three separate accounts: (1) A clearing account; (2) an unemployment trust fund account, and (3) a benefit account. All money payable to the fund upon receipt thereof by the secretary, shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treas Kansas Secretary of State 2011
ury to the credit of the clearing account of the fund. Refunds payable pursuant to K.S.A. 44-717, and amendments thereto, may be paid from the clearing account of the fund by any commerciallyaccepted means approved by the secretary. After clearance thereof, all other moneys in the clearing account of the fund shall be immediately deposited with the secretary of the treasury of the United States of America to the credit of the account of this state in the federal unemployment trust fund established and maintained pursuant to section 904 of the social security act, 42 U.S.C.A. 1104, as amended, any provisions of law in this state relating to the deposit, administration, release, or disbursement of moneys in the possession or custody of this state to the contrary notwithstanding. The benefit account of the fund shall consist of all moneys requisitioned from this states account in the federal unemployment trust fund. Except as herein otherwise provided, moneys in the clearing and benefit accounts of the fund may be deposited by the state treasurer in any bank or public depository as is now provided by law for the deposit of general funds of the state, but no public deposit insurance charge or premium shall be paid out of the fund. Moneys in the clearing and benefit accounts of the fund shall not be commingled with other state funds and shall be maintained in separate bank accounts. (c) Withdrawals. Moneys shall be requisitioned from this states account in the federal unemployment trust fund solely for the payment of benefits and in accordance with the provisions of this act and the rules and regulations adopted by the secretary, except that moneys credited to this states account pursuant to section 903 of the social security act, 42 U.S.C.A. 1103, as amended, shall be used exclusively as provided in subsection (d) of this section. The secretary shall from time to time requisition from the federal unemployment trust fund such amounts, not exceeding the amounts standing to its account therein, as deemed necessary for the payment of benefits for a reasonable future period. Upon receipt thereof the state treasurer shall deposit such moneys in the benefit account of the fund and payments of benefits shall be charged solely against such benefit account of the fund. Expenditures of such moneys in the benefit account and refunds from the clearing account of the fund shall not be subject to any provisions of law requiring specific appropriations. Any balance of moneys requisitioned from the federal unemployment trust fund which remains unclaimed or unpaid in the benefit account of the fund after the expiration of the period for which such sums were requisitioned shall either be deducted from estimates for, and may be utilized for the payment of benefits during succeeding periods, or, in the discretion of the secretary shall be directed to be redeposited with the secretary of the treasury of the United States of America, to the credit of this states account in the federal unemployment trust fund, as provided in subsection (b) of this section. All balances accrued from unpaid or canceled warrants issued pursuant to this section, notwithstanding the provisions of K.S.A. 10-812, and amendments thereto, shall remain in the benefit account of the fund, and be disbursed in accordance with the provisions of this act relating to such account. (d) Administrative use. (1) Money credited to the account of this state in the federal unemployment trust fund by the secretary of the treasury of the United States of America, pursuant to section 903 of the social security act, 42 U.S.C.A. 1103, as amended, may be requisitioned and used for the payment of expenses incurred in the administration of this act pursuant to a specific appropriation by the legislature, if expenses are incurred and the money is requisitioned after the enactment of an appropriation law which: (A) Specifies the purposes for which such money is appropriated and the amounts appropriated therefor, (B) limits the period within which such money may be obligated to a period ending not more than two years after the date of the enactment of the appropriation law, and (C) limits the amount which may be obligated during a twelve-month period beginning on July 1 and ending on the next June 30 to an amount which does not exceed the amount by which (i) the aggregate of the amounts credited to the account of this state pursuant to section 903 of the social security act, 42 U.S.C.A. 1103, as amended, (ii) the aggregate of the amounts obligated pursuant to this subsection and amounts paid out for benefits and charged against the amounts credited to the account of this state. For the purposes of this subsection, amounts obligated during any such twelve-month period shall be charged against equivalent amounts which were first credited and which are not already so charged.
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(2) Money credited to the account of this state pursuant to section 903 of the social security act, 42 U.S.C.A. 1103, as amended, may not be withdrawn or obligated except for the payment of benefits and for the payment of expenses for the administration of this act and of public employment offices pursuant to this subsection (d). (3) Money appropriated as provided by this subsection (d) for the payment of expenses of administration shall be requisitioned as needed for the payment of obligations incurred under such appropriation and, upon requisition shall be deposited in the state treasury to the credit of the employment security administration fund from which such payments shall be made. Money so deposited and credited shall, until expended, remain a part of the federal unemployment trust fund, and, if it will not be expended, shall be returned promptly to the account of this state in the federal unemployment trust fund. (4) Notwithstanding paragraph (1), money credited with respect to federal fiscal years 1999, 2000 and 2001, shall be used solely for the administration of the UC program, and such money shall not otherwise be subject to the requirements of paragraph (1) when appropriated by the legislature. (e) Management of funds upon discontinuance of federal unemployment trust fund. The provisions of subsections (a), (b), (c) and (d) of this section, to the extent that they relate to the federal unemployment trust fund, shall be operative only so long as such unemployment trust fund continues to exist and so long as the secretary of the treasury of the United States of America continues to maintain for this state a separate book account of all funds deposited therein by this state for benefit purposes, together with this states proportionate share of the earnings of such unemployment trust fund, from which no other state is permitted to make withdrawals. If and when such unemployment trust fund ceases to exist, or such separate book account is no longer maintained, all moneys, properties or securities therein, belonging to the employment security fund of this state, shall be transferred to the state treasurer, to be administered by the secretary as a trust fund for the purpose of paying benefits under this act, and the director of investments upon the direction of the secretary shall have authority to hold, invest, transfer, sell, deposit, and release such moneys, and any properties, securities, or earnings acquired as an incident to such administration. (f) Loans from the pooled money investment board, when authorized. (1) Pursuant to K.S.A. 2010 Supp. 75-4209(d), and amendments thereto, the pooled money investment board is hereby authorized and directed to make loans as requested by the secretary of labor to fund debt obligations to the federal government as may have been, or continue to be, incurred by the employment security fund. (A) The line of credit so extended shall be at an interest rate not to exceed 2%; and (B) shall remain in effect for a period of three years from the date of the first loan requested. The pooled money investment board may reauthorize this line of credit following the initial three year period if deemed mutually beneficial by the board and the secretary of labor. (2) The secretary of labor is hereby authorized to request and receive loans from the pooled money investment fund for the purposes described herein. (3) The outstanding balances of such loans in the aggregate shall not exceed the limit imposed by K.S.A. 2010 Supp. 75-4209(d), and amendments thereto. (4) Any such loan shall not be deemed to be an indebtedness or debt of the state of Kansas within the meaning of section 6 of article 11 of the constitution of the state of Kansas. (5) The pooled money investment board, secretary of labor, and state treasurer shall coordinate as needed to make the appropriate transfers and payment of moneys anticipated hereunder. Sec. 9. K.S.A. 2010 Supp. 44-718 is hereby amended to read as follows: 44-718. (a) Waiver of rights void. No agreement by an individual to waive, release or commute such individuals rights to benefits or any other rights under this act shall be valid. No agreement by any individual in the employ of any person or concern to pay all or any portion of an employers contribution or payments in lieu of contributions required under this act from such employer, shall be valid. No employer shall directly or indirectly make or require or accept any deduction from remuneration to finance the employers contributions required from such employer, or require
or accept any waiver of any right hereunder by any individual in such employers employ. Any employer or officer or agent of an employer who violates any provision of this subsection shall, for each offense, be fined not less than $100 nor more than $1,000 or be imprisoned for not more than six months, or both. (b) Limitation of fees. No individual claiming benefits shall be charged fees of any kind in any proceeding under this act by the secretary of labor or representatives of the secretary or by any court or any officer thereof. Any individual claiming benefits in any proceeding before the secretary of labor or a court may be represented by counsel or other duly authorized agent, but no such counsel or agents shall either charge or receive for such services more than an amount approved by the secretary of labor. Any person who violates any provision of this subsection shall, for each such offense, be fined not less than $50 nor more than $500, or imprisoned for not more than six months, or both. (c) No assignment of benefits; exemptions. No assignment, pledge or encumbrance of any right to benefits which are or may become due or payable under this act shall be valid; and such rights to benefits shall be exempt from levy, except in accordance with section 6331 of the federal internal revenue code of 1986, and shall be exempt from, execution, attachment, or any other remedy whatsoever provided for the collection of debt; and benefits received by an individual, so long as they are not mingled with other funds of the recipient, shall be exempt from any remedy whatsoever for the collection of all debts except debts incurred for necessaries furnished to such individual or such individuals spouse or dependents during the time when such individual was unemployed. No waiver of any exemption provided for in this subsection shall be valid. (d) Support exception. (1) An individual filing a new claim for unemployment compensation shall, at the time of filing such claim, disclose whether or not the individual owes support obligations as defined under paragraph (7). If any such individual discloses that such individual owes support obligations, and is determined to be eligible for unemployment compensation, the secretary shall notify the state or local support enforcement agency enforcing such obligation that the individual has been determined to be eligible for unemployment compensation. (2) The secretary shall deduct and withhold from any unemployment compensation payable to an individual that owes support obligations as defined under paragraph (7): (A) The amount specified by the individual to the secretary to be deducted and withheld under this subsection, if neither (B) nor (C) is applicable; or (B) the amount, if any, determined pursuant to an agreement submitted to the secretary under section 454(20)(B)(i) of the social security act by the state or local support enforcement agency, unless subparagraph (C) is applicable; or (C) any amount otherwise required to be so deducted and withheld from such unemployment compensation pursuant to legal process (as that term is defined in section 459(i)(5) of the social security act) properly served upon the secretary. (3) Any amount deducted and withheld under paragraph (2) shall be paid by the secretary to the appropriate state or local support enforcement agency. (4) Any amount deducted and withheld under paragraph (2) shall for all purposes be treated as if it were paid to the individual as unemployment compensation and paid by such individual to the state or local support enforcement agency in satisfaction of the individuals support obligations. (5) For purposes of paragraphs (1) through (4), unemployment compensation means any compensation payable under the employment security law after application of the recoupment provisions of subsection (d) of K.S.A. 44-719, and amendments thereto, (including amounts payable by the secretary pursuant to an agreement under any federal law providing for compensation, assistance or allowances with respect to unemployment). (6) This subsection applies only if appropriate arrangements have been made for reimbursement by the state or local support enforcement agency for the administrative costs incurred by the secretary under this section which are attributable to support obligations being enforced by the state or local support enforcement agency.
(continued)
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(7) For the purposes of this subsection, support obligations means only those obligations which are being enforced pursuant to a plan described in section 454 of the federal social security act which has been approved by the secretary of health and human services under part D of title IV of the federal social security act. (8) For the purposes of this subsection, state or local support enforcement agency means any agency of this state or a political subdivision thereof operating pursuant to a plan described in paragraph (7). (e) (1) An individual filing a new claim for unemployment compensation shall, at the time of filing such claim, be advised that: (A) Unemployment compensation is subject to federal, state and local income tax; (B) requirements exist pertaining to estimated tax payments; (C) the individual may elect to have federal income tax deducted and withheld from the individuals payment of unemployment compensation at the amount specified in the federal internal revenue code; (D) the individual may elect to have state income tax deducted and withheld at the rate of 3.5% from the individuals payment of unemployment compensation; and (D) (E) the individual shall be permitted to change a previously elected withholding status. (2) Amounts deducted and withheld from unemployment compensation shall remain in the unemployment fund until transferred to the federal or state taxing authority as a payment of income tax. (3) The secretary shall follow all procedures specified by the United States department of labor and the federal internal revenue service pertaining to the deducting and withholding of income tax. (4) Amounts shall be deducted and withheld under this section only after amounts are deducted and withheld for any overpayments of unemployment compensation, child support obligations, food stamp overissuances or any other amounts required to be deducted and withheld under this act. (f) (1) An individual filing a new claim for unemployment compensation at the time of filing such claim, shall disclose whether or not such individual owes an uncollected overissuance (as defined in section 13(c)(1) of the Food Stamp Act of 1977) of food stamp
coupons. The secretary shall notify the state food stamp agency enforcing such obligation of any individual who discloses that such individual owes an uncollected overissuance of food stamps and who is determined to be eligible for unemployment compensation. (2) The secretary shall deduct and withhold from any unemployment compensation payable to an individual who owes an uncollected overissuance: (A) The amount specified by the individual to the secretary to be deducted and withheld under this clause; (B) the amount (if any) determined pursuant to an agreement submitted to the state food stamp agency under section 13(c)(3)(A) of the Food Stamp Act of 1977; or (C) any amount otherwise required to be deducted and withheld from unemployment compensation pursuant to section 13(c)(3)(B) of such act. (3) Any amount deducted and withheld under this section shall be paid by the secretary to the appropriate state food stamp agency. (4) Any amount deducted and withheld under subsection (b) shall for all purposes be treated as if it were paid to the individual as unemployment compensation and paid by such individual to the state food stamp agency as repayment of the individuals uncollected overissuance. (5) For purposes of this section, the term unemployment compensation means any compensation payable under this act including amounts payable by the secretary pursuant to an agreement under any federal law providing for compensation, assistance, or allowances with respect to unemployment. (6) This section applies only if arrangements have been made for reimbursement by the state food stamp agency for the administrative costs incurred by the secretary under this section which are attributable to the repayment of uncollected overissuances to the state food stamp agency. Sec. 10. K.S.A. 2010 Supp. 44-703, 44-704a, 44-710, 44-710a, 44712, 44-717 and 44-718 are hereby repealed. Sec. 11. On July 1, 2011, K.S.A. 2010 Supp. 44-705 and 44-706 are hereby repealed. Sec. 12. This act shall take effect and be in force from and after its publication in the Kansas register.
AGENCY 1: DEPARTMENT OF ADMINISTRATION Reg. No. Action Register 1-16-8 Amended V. 29, p. 676 1-16-15 Amended V. 29, p. 677 1-16-18 Amended V. 29, p. 677 1-16-18a Amended V. 29, p. 678 1-16-20 Amended V. 29, p. 680 1-65-1 New V. 30, p. 44 1-66-1 New V. 30, p. 44 1-66-2 New V. 30, p. 45 1-66-3 New V. 30, p. 45 1-67-1 New V. 30, p. 45 1-67-2 New V. 30, p. 45 1-67-3 New V. 30, p. 45 1-68-1 New V. 30, p. 45 1-68-2 New V. 30, p. 46 AGENCY 3: KANSAS STATE TREASURER Reg. No. 3-3-2 3-3-2 Action Amended (T) Amended Register V. 29, p. 702 V. 30, p. 9
AGENCY 4: DEPARTMENT OF AGRICULTURE Reg. No. 4-3-47 4-3-47 4-3-48 4-3-50 4-7-213 4-7-716 4-10-1 4-10-1a 4-10-1b 4-10-2a through 4-10-2d 4-10-2e 4-10-2f through 4-10-2k 4-10-4 4-10-4a through 4-10-4f 4-10-5a 4-10-6 4-10-6a 4-10-6b 4-10-7 4-10-10 4-10-15 4-10-16 4-10-17 4-13-2 4-13-3 4-13-9 4-13-14 4-13-16 Action Amended (T) Amended Revoked Amended Amended Amended Amended New New Revoked Amended Revoked Revoked New Amended Revoked New New Amended New Revoked Amended Revoked Amended Amended Amended Amended Amended Register V. 30, p. 25 V. 30, p. 411 V. 30, p. 411 V. 30, p. 411 V. 29, p. 1023 V. 29, p. 1023 V. 29, p. 254 V. 29, p. 255 V. 29, p. 255 V. 29, p. 255 V. 29, p. 255 V. 29, p. 256 V. 29, p. 256 V. 29, p. 256-258 V. 29, p. 258 V. 29, p. 259 V. 29, p. 259 V. 29, p. 259 V. 29, p. 259 V. 29, p. 260 V. 29, p. 260 V. 29, p. 260 V. 29, p. 261 V. 29, p. 69 V. 29, p. 69 V. 29, p. 71 V. 29, p. 71 V. 29, p. 71
4-13-17 4-13-18 4-13-20 4-13-21 4-13-22 4-13-23 4-13-24 4-13-25 4-13-25b through 4-13-25h 4-13-25i 4-13-25j 4-13-25k 4-13-25l 4-13-25m 4-13-30 4-13-33 4-13-62 4-27-1 through 4-27-22 4-28-1 4-28-2 4-28-8 4-28-11 4-28-12 4-28-18 through 4-28-30
Amended Amended Amended Amended Revoked Amended Amended Amended Amended Revoked Amended Amended Amended New Amended Amended Amended New Amended Amended Amended Amended Amended New
V. 29, p. 72 V. 29, p. 72 V. 29, p. 72 V. 29, p. 72 V. 29, p. 72 V. 29, p. 72 V. 29, p. 72 V. 29, p. 1242 V. 29, p. 1243-1245 V. 29, p. 1246 V. 29, p. 1246 V. 29, p. 1246 V. 29, p. 1247 V. 29, p. 1247 V. 29, p. 72 V. 29, p. 73 V. 29, p. 73 V. 29, p. 706-720 V. 29, p. 720 V. 29, p. 720 V. 29, p. 721 V. 29, p. 722 V. 29, p. 722 V. 29, p. 723-725
AGENCY 5: DEPARTMENT OF AGRICULTUREDIVISION OF WATER RESOURCES Reg. No. 5-1-4 5-1-9 5-3-23 Action Amended Amended Amended (T) Register V. 29, p. 652 V. 29, p. 653 V. 29, p. 1338
Vol. 30, No. 20, May 19, 2011
5-3-23 5-4-1 5-4-1a 5-7-1 5-17-2 5-21-4 5-22-7 5-25-5 5-25-15 Reg. No. 7-16-1 7-16-1 Reg. No. 9-7-4 9-7-4 9-27-1 Amended Amended New Amended Amended Amended Amended Amended Amended Action Amended (T) Amended Action Amended (T) Amended Amended V. 29, p. 1598 V. 29, p. 1476 V. 29, p. 1477 V. 29, p. 653 V. 29, p. 654 V. 30, p. 369 V. 29, p. 596 V. 29, p. 1598 V. 29, p. 654 Register V. 29, p. 1115 V. 29, p. 1281 Register V. 29, p. 703 V. 29, p. 1336 V. 29, p. 1337 22-8-13 22-10-3 22-11-6 22-11-8 22-15-7 22-18-3
Kansas Register
Amended Amended Revoked Amended Revoked Amended Action Amended Amended Amended New V. 30, p. 47 V. 30, p. 47 V. 30, p. 48 V. 30, p. 48 V. 30, p. 49 V. 30, p. 49 Register V. 29, p. 1772 V. 29, p. 1775 V. 29, p. 1777 V. 29, p. 1777-1793 28-21-42a 28-21-43a 28-21-44a 28-21-50a 28-21-51a 28-21-52a 28-21-53a 28-21-54a 28-21-55a 28-21-56a 28-21-57a 28-21-58a 28-21-59a 28-21-60a 28-21-61a 28-21-62a 28-21-63 28-21-64 28-21-70a 28-21-71a 28-21-72a 28-21-82 through 28-21-85 28-23-4 28-23-9 28-23-10 28-23-20 through 28-23-24 28-23-26 through 28-23-32 28-23-34 through 28-23-36 28-23-41 through 28-23-55 28-23-70 28-23-71 28-23-73 28-23-75 28-23-78 through 28-23-80 28-31-1 28-31-2 28-31-3 28-31-4 28-31-5 28-31-6 28-31-7 28-31-8 28-31-8b 28-31-9 28-31-10 28-31-12 28-31-13 28-31-14 28-31-15 28-31-16 28-31-100 28-31-100a 28-31-100d 28-31-100e 28-31-100f 28-31-100p 28-31-100q 28-31-100r 28-31-100s 28-31-124 28-31-124a 28-31-124b 28-31-124c 28-31-124d 28-31-124e 28-31-260 28-31-260a 28-31-261 28-31-261a 28-31-262 28-31-262a Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Amended Revoked Amended Revoked Revoked Revoked Revoked Amended Amended Amended Revoked Revoked Revoked New New New New New New New New New New New New New New New New New New New New New V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29,
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AGENCY 26: DEPARTMENT ON AGING Reg. No. 26-39-100 26-39-101 26-39-105 26-40-301 through 26-40-305
AGENCY 28: DEPARTMENT OF HEALTH AND ENVIRONMENT Reg. No. 28-1-27 28-1-30 28-1-31 28-1-32 28-4-92 28-4-92 28-4-370 through 28-4-379 28-4-503 28-4-505 28-4-514 28-4-520 28-4-521 28-4-1300 through 28-4-1318 28-16-28g 28-19-200a 28-19-202 28-19-325 28-19-350 28-19-517 28-19-645a 28-19-712 28-19-712a through 28-19-712d 28-19-713 28-19-713a through 28-19-713d 28-19-720 28-19-728 28-19-728a through 28-19-728f 28-19-735 28-19-750 28-19-750a 28-21-1 28-21-6 28-21-7 28-21-8 28-21-9 28-21-10 28-21-11 28-21-20a 28-21-21a 28-21-22a 28-21-23a 28-21-24a 28-21-25a 28-21-26a 28-21-27a 28-21-28a 28-21-29a 28-21-30a 28-21-31a 28-21-32a 28-21-33a 28-21-34a 28-21-35a 28-21-40a 28-21-41a Action New New New New Amended (T) Amended Revoked Amended Amended Amended New New New Amended New Amended New Amended Amended New (T) New New New New Amended Revoked Revoked Amended Amended Amended Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Register V. 30, p. 111 V. 30, p. 369 V. 30, p. 370 V. 30, p. 370 V. 29, p. 1348 V. 29, p. 1705 V. 29, p. 1024 V. 29, p. 1662 V. 29, p. 1662 V. 29, p. 1663 V. 29, p. 1663 V. 29, p. 1663 V. 29, p. 1024-1032 V. 29, p. 181 V. 29, p. 1634 V. 29, p. 1509 V. 29, p. 1634 V. 29, p. 1635 V. 29, p. 1510 V. 30, p. 232 V. 29, p. 866 V. 29, p. 867 V. 29, p. 867 V. 29, p. 867, 868 V. 29, p. 1510 V. 29, p. 1511 V. 29, p. 1511 V. 29, p. 1511 V. 29, p. 1511 V. 29, p. 1511 V. 29, p. 725 V. 29, p. 725 V. 29, p. 725 V. 29, p. 725 V. 29, p. 725 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726
AGENCY 14: DEPARTMENT OF REVENUE DIVISION OF ALCOHOLIC BEVERAGE CONTROL 14-6-2a Revoked V. 29, p. 1306 14-6-3 Revoked V. 29, p. 1306 14-6-4 Amended V. 29, p. 1306 14-11-1 New V. 29, p. 1307 14-11-4 New V. 29, p. 1307 14-11-5 Amended V. 29, p. 1307 14-11-6 Amended V. 29, p. 1307 14-11-7 Amended V. 29, p. 1307 14-11-9 Amended V. 29, p. 1307 14-11-10a Revoked V. 29, p. 1307 14-11-10b Revoked V. 29, p. 1308 14-11-10d Revoked V. 29, p. 1308 14-11-11 Revoked V. 29, p. 1633 14-11-14 Revoked V. 29, p. 1308 14-11-15 Amended V. 29, p. 1308 14-11-16 Amended V. 29, p. 1308 14-11-22 New V. 29, p. 1633 14-11-23 through 14-11-29 New V. 29, P. 1308-1310 14-11-27 Revoked V. 29, p. 1730 14-16-25 New V. 29, p. 1310 14-19-27 Amended V. 29, p. 1310 14-19-38 New V. 29, p. 1311 14-19-39 New V. 29, p. 1311 14-20-29 Amended V. 29, p. 1311 14-20-40 New V. 29, p. 1312 14-20-41 New V. 29, p. 1312 14-21-12 Amended V. 29, p. 1313 14-21-21 New V. 29, p. 1313 14-21-22 New V. 29, p. 1313 14-23-2 Amended V. 29, p. 1314 14-23-5 Amended V. 29, p. 1314 14-23-8 Amended V. 29, p. 1314 14-23-10 Amended V. 29, p. 1315 14-24-1 through 14-24-6 Revoked V. 29, p. 1315 AGENCY 16: KANSAS ATTORNEY GENERAL Reg. No. 16-11-1 through 16-11-5 16-11-6 16-11-7 16-11-8 Action Register
V. 29, p. 1813-1815 V. 29, p. 1816 V. 29, p. 1816 V. 29, p. 1816
AGENCY 19: GOVERNMENTAL ETHICS COMMISSION Reg. No. 19-6-1 19-22-1 19-23-1 19-30-4 Reg. No. 22-1-1 22-1-2 22-1-3 Action Amended Amended Amended Revoked Action Amended Amended Amended Register V. 29, p. 112 V. 30, p. 92 V. 30, p. 92 V. 30, p. 92 Register V. 30, p. 46 V. 30, p. 46 V. 30, p. 46
V. 29, p. 727 V. 30, p. 414 V. 30, p. 414 V. 30, p. 414 V. 30, p. 414 V. 30, p. 415 V. 30, p. 415 V. 30, p. 415 V. 30, p. 415 V. 30, p. 415 V. 30, p. 415 V. 30, p. 415 V. 30, p. 416 V. 30, p. 417 V. 30, p. 417 V. 30, p. 417 V. 30, p. 417 V. 30, p. 417 V. 30, p. 418 V. 30, p. 418 V. 30, p. 419 V. 30, p. 420 V. 30, p. 420 V. 30, p. 420 V. 30, p. 420 V. 30, p. 421 V. 30, p. 422 V. 30, p. 423 V. 30, p. 423 V. 30, p. 423 V. 30, p. 424 V. 30, p. 424 V. 30, p. 425 V. 30, p. 426 V. 30, p. 426 V. 30, p. 427 V. 30, p. 427 V. 30, p. 427
(continued)
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28-31-263 28-31-263a 28-31-264 28-31-264a 28-31-265 28-31-265a 28-31-266 28-31-267 28-31-267a 28-31-268 28-31-270 28-31-270a 28-31-273 28-31-279 28-31-279a 28-35-135l 28-35-135t 28-35-135w 28-35-175a 28-35-178b 28-35-178e 28-35-178j 28-35-180b 28-35-181a 28-35-181e 28-35-181j 28-35-181m 28-35-181o 28-35-192b 28-35-192c 28-35-192d 28-35-192e 28-35-192g 28-35-194a 28-35-212a 28-35-216a 28-35-225b 28-35-231c 28-35-242 28-35-264 28-35-334 28-35-346 28-35-411 28-36-30 28-36-31 28-36-70 through 28-36-89 28-36-101 through 28-36-109 28-39-162 28-39-162a 28-39-162b 28-39-162c 28-43-1 through 28-43-11 28-46-1 28-46-2a 28-46-3 through 28-46-22 28-46-27 28-46-28 28-46-29 28-46-29a 28-46-30 28-46-30a 28-46-30b 28-46-31 28-46-33 28-46-34 28-46-35 28-46-40 28-46-41 28-46-44 28-46-45 28-53-1 28-53-2 28-53-4 28-61-1 28-61-2 28-61-3 28-61-4 New New New New New New New New New New New New New New New Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked Amended Amended Amended Amended Amended Revoked Amended Amended Amended Amended Amended New Amended Amended Amended Amended Amended Amended Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Amended Amended Amended Amended Amended Amended New Amended New New Amended Amended Amended Amended Amended Amended Amended New Amended Amended Amended Amended Amended Amended Amended V. 30, p. 428 V. 30, p. 429 V. 30, p. 429 V. 30, p. 431 V. 30, p. 432 V. 30, p. 433 V. 30, p. 433 V. 30, p. 434 V. 30, p. 434 V. 30, p. 434 V. 30, p. 434 V. 30, p. 435 V. 30, p. 436 V. 30, p. 436 V. 30, p. 437 V. 30, p. 195 V. 30, p. 196 V. 30, p. 197 V. 30, p. 198 V. 30, p. 198 V. 30, p. 200 V. 30, p. 201 V. 30, p. 201 V. 30, p. 203 V. 30, p. 203 V. 30, p. 203 V. 30, p. 204 V. 30, p. 205 V. 30, p. 206 V. 30, p. 206 V. 30, p. 207 V. 30, p. 207 V. 30, p. 207 V. 30, p. 207 V. 30, p. 208 V. 30, p. 209 V. 30, p. 210 V. 30, p. 210 V. 30, p. 210 V. 30, P. 210 V. 30, p. 211 V. 30, p. 212 V. 30, p. 212 V. 29, p. 727 V. 29, p. 727 V. 29, p. 727 V. 29, p. 727 V. 29, p. 1777 V. 29, p. 1777 V. 29, p. 1777 V. 29, p. 1777 V. 29, p. 1137 V. 29, p. 1138 V. 29, p. 1138 V. 29, p. 1139-1141 V. 29, p. 1141 V. 29, p. 1141 V. 29, p. 1141 V. 29, p. 1142 V. 29, p. 1142 V. 29, p. 1142 V. 29, p. 1144 V. 29, p. 1144 V. 29, p. 1144 V. 29, p. 1145 V. 29, p. 1145 V. 29, p. 1145 V. 29, p. 1145 V. 29, p. 1145 V. 29, p. 1145 V. 30, p. 463 V. 30, p. 463 V. 30, p. 463 V. 29, p. 419 V. 30, p. 336 V. 30, p. 337 V. 30, p. 337
Kansas Register
28-61-5 28-61-8 28-72-1 28-72-1a 28-72-1c 28-72-1d 28-72-1e 28-72-1g 28-72-1h 28-72-1i 28-72-1k 28-72-1l 28-72-1m 28-72-1n 28-72-1o 28-72-1p 28-72-1r 28-72-1s 28-72-1t 28-72-1v 28-72-1x 28-72-2 28-72-3 28-72-4 28-72-4a 28-72-4b 28-72-4c 28-72-5 28-72-6 28-72-6a 28-72-7 28-72-7a 28-72-8 28-72-9 28-72-10 28-72-10a 28-72-11 28-72-12 28-72-13 28-72-14 28-72-15 28-72-16 28-72-17 28-72-18 28-72-18a 28-72-18b 28-72-18c 28-72-18d 28-72-18e 28-72-19 28-72-20 28-72-21 28-72-22 28-72-51 28-72-52 28-72-53 Amended Amended Revoked New New New New New New New New New New New New New New New New New New Amended Amended Amended Amended Revoked Amended Amended Amended New Amended New Amended Amended Amended New Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended V. 29, p. 420 V. 29, p. 422 V. 29, p. 357 V. 29, p. 357 V. 29, p. 357 V. 29, p. 358 V. 29, p. 358 V. 29, p. 358 V. 29, p. 358 V. 29, p. 359 V. 29, p. 359 V. 29, p. 359 V. 29, p. 360 V. 29, p. 360 V. 29, p. 360 V. 29, p. 360 V. 29, p. 361 V. 29, p. 361 V. 29, p. 361 V. 29, p. 361 V. 29, p. 361 V. 29, p. 361 V. 29, p. 362 V. 29, p. 362 V. 29, p. 366 V. 29, p. 368 V. 29, p. 368 V. 29, p. 369 V. 29, p. 370 V. 29, p. 371 V. 29, p. 373 V. 29, p. 373 V. 29, p. 374 V. 29, p. 375 V. 29, p. 376 V. 29, p. 377 V. 29, p. 378 V. 29, p. 378 V. 29, p. 379 V. 29, p. 379 V. 29, p. 380 V. 29, p. 380 V. 29, p. 381 V. 29, p. 382 V. 29, p. 383 V. 29, p. 384 V. 29, p. 384 V. 29, p. 385 V. 29, p. 386 V. 29, p. 387 V. 29, p. 387 V. 29, p. 387 V. 29, p. 388 V. 29, p. 388 V. 29, p. 389 V. 29, p. 389 40-7-27 40-9-23 40-10-16
New New New V. 29, p. 1753 V. 29, p. 1813 V. 30, p. 556
New
V. 29, p. 675, 676
AGENCY 66: BOARD OF TECHNICAL PROFESSIONS Reg. No. 66-8-6 66-10-1 66-12-1 66-14-10 Reg. No. 68-1-1b 68-2-22 68-7-11 68-7-21 68-20-10a 68-20-24 68-20-25 68-20-26 68-20-27 68-21-1 through 68-21-7 68-21-2 Reg. No. Action Amended Amended Amended Amended Action Amended Amended Amended New Amended New (T) New (T) New (T) New (T) New Amended Action Register V. V. V. V. 29, 29, 29, 29, p. p. p. p. 794 794 794 794
AGENCY 68: BOARD OF PHARMACY Register V. 29, p. 465 V. 30, p. 537 V. 29, p. 1053 V. 29, p. 465 V. 30, p. 538 V. 30, p. 357 V. 30, p. 357 V. 30, p. 357 V. 30, p. 357 V. 29, p. 1417-1420 V. 30, p. 370 Register
AGENCY 71: KANSAS DENTAL BOARD 71-5-1 through 71-5-6 71-5-7 through 71-5-13 Reg. No. 74-4-8 74-4-9
AGENCY 40: KANSAS INSURANCE DEPARTMENT Reg. No. 40-1-37 40-1-48 40-3-33 40-3-43 40-4-43 40-7-26 Action Amended Amended Revoked Amended New New Register V. 30, p. 193 V. 29, p. 1752 V. 30, p. 232 V. 29, p. 1337 V. 29, p. 703 V. 29, p. 1752
Revoked New Action Amended Amended
V. 29, p. 1593 V. 29, p. 1593-1597 Register V. 29, p. 1636 V. 29, p. 1638
Vol. 30, No. 20, May 19, 2011
74-5-2 74-5-101 74-5-202 74-5-203 74-6-2 74-11-6 74-11-7 74-12-1 74-15-2 Amended Amended Amended Amended Amended Amended Amended Amended Revoked V. 29, p. 1638 V. 29, p. 1639 V. 29, p. 1639 V. 29, p. 1639 V. 29, p. 1640 V. 29, p. 1640 V. 29, p. 1640 V. 29, p. 1641 V. 29, p. 1641
Kansas Register
92-19-3b 92-19-3c 92-19-10 92-19-16a 92-19-16b 92-19-40 92-19-42 92-19-49b 92-19-55b 92-19-59 92-19-73 92-24-23 92-51-25a Reg. No. 94-2-1 through 94-2-21 94-5-1 through 94-5-25 New New Revoked Amended Revoked Revoked Revoked Amended New Amended Amended Amended New Action V. 30, p. 283 V. 30, p. 285 V. 30, p. 285 V. 30, p. 285 V. 30, p. 286 V. 30, p. 286 V. 30, p. 286 V. 30, p. 286 V. 30, p. 287 V. 30, p. 289 V. 30, p. 289 V. 29, p. 1633 V. 29, p. 1281 Register Reg. No. 109-1-1a 109-5-1 109-5-1a 109-5-1b 109-5-1d 109-5-1e 109-5-1f 109-5-3 109-5-4 109-5-7a 109-5-7b 109-5-7d 109-6-1 109-6-2 109-8-1 109-10-1a 109-10-1b 109-10-1d 109-10-1e 109-10-1f 109-10-1g 109-10-6 109-10-7 109-11-1 109-11-1a 109-11-3 109-11-3a 109-11-4 109-11-6 109-11-6a 109-15-2 Reg. No. 110-4-1 through 110-4-5 110-21-1 through 110-21-5 Action New (T) Amended (T) New (T) New (T) New (T) New (T) New (T) Amended Revoked New (T) New (T) New (T) Amended Amended Amended (T) New (T) New (T) New (T) New (T) New (T) New (T) Amended (T) New Amended New (T) Amended New (T) Amended Amended New (T) Amended Action
623
AGENCY 109: BOARD OF EMERGENCY MEDICAL SERVICES Register V. 30, p. 138 V. 30, p. 138 V. 30, p. 139 V. 30, p. 139 V. 30, p. 139 V. 30, p. 139 V. 30, p. 139 V. 29, p. 1282 V. 29, p. 113 V. 30, p. 139 V. 30, p. 140 V. 30, p. 141 V. 29, p. 113 V. 29, p. 113 V. 30, p. 141 V. 30, p. 141 V. 30, p. 142 V. 30, p. 142 V. 30, p. 142 V. 30, p. 142 V. 30, p. 142 V. 30, p. 143 V. 29, p. 113 V. 29, p. 1283 V. 30, p. 143 V. 29, p. 1284 V. 30, p. 144 V. 29, p. 1284 V. 29, p. 1285 V. 30, p. 144 V. 29, p. 1285 Register
AGENCY 82: STATE CORPORATION COMMISSION Reg. No. 82-1-219 82-3-101a 82-3-311a 82-3-1100 through 82-3-1120 82-4-2 82-4-3a 82-4-3d 82-4-3f 82-4-3n 82-4-3o 82-4-6a 82-4-8h 82-4-21 82-4-22 82-4-23 82-4-24a 82-4-26 82-4-26a 82-4-27 82-4-27a 82-4-27c 82-4-27e 82-4-28 82-4-28a 82-4-28b 82-4-30a 82-4-30a 82-4-31 82-4-32 82-4-33 82-4-35 82-4-35a 82-4-37 82-4-40 82-4-42 82-4-48 82-4-48a 82-4-53 82-4-54 82-4-55 82-4-56a 82-4-57 82-4-58 82-4-62 82-4-63 82-4-65 82-4-77 82-16-1 through 82-16-6 82-17-1 through 82-17-5 Reg. No. 88-24-1 88-28-1 88-28-6 88-30-1 Action Amended New New New Amended Amended Amended Amended New New Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked Revoked Revoked Amended (T) Amended Revoked Amended Amended Amended Amended Revoked Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked Amended Amended Amended New New Action Amended Amended Amended Amended Register V. 29, p. 1099 V. 29, p. 1508 V. 29, p. 181 V. 29, p. 182-190 V. 29, p. 1443 V. 29, p. 1443 V. 29, p. 1444 V. 29, p. 1390 V. 29, p. 1444 V. 29, p. 1445 V. 29, p. 1446 V. 29, p. 1446 V. 29, p. 1446 V. 29, p. 1446 V. 29, p. 1447 V. 29, p. 1447 V. 29, p. 1447 V. 29, p. 1447 V. 29, p. 1447 V. 29, p. 1448 V. 29, p. 1448 V. 29, p. 1449 V. 29, p. 1449 V. 29, p. 1449 V. 29, p. 1449 V. 29, p. 702 V. 29, p. 1392 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1451 V. 29, p. 1451 V. 29, p. 1451 V. 29, p. 1452 V. 29, p. 1452 V. 29, p. 1452 V. 29, p. 1453 V. 29, p. 1453 V. 29, p. 1453 V. 29, p. 1453 V. 29, p. 1453 V. 29, p. 1454 V. 29, p. 1598-1601 V. 29, p. 1136, 1137 Register V. 29, p. 1415 V. 30, p. 193 V. 29, p. 408 V. 30, p. 194
Revoked New
V. 29, p. 1478, 1479 V. 29, p. 1479-1485
New
V. 29, p. 252-254
Amended New
V. 30, p. 25-27 V. 30, p. 411-413
AGENCY 111: KANSAS LOTTERY A complete index listing all regulations filed by the Kansas Lottery from 1988 through 2000 can be found in the Vol. 19, No. 52, December 28, 2000 Kansas Register. A list of regulations filed from 2001 through 2003 can be found in the Vol. 22, No. 52, December 25, 2003 Kansas Register. A list of regulations filed from 2004 through 2005 can be found in the Vol. 24, No. 52, December 29, 2005 Kansas Register. A list of regulations filed from 2006 through 2007 can be found in the Vol. 26, No. 52, December 27, 2007 Kansas Register. A list of regulations filed from 2008 through November 2009 can be found in the Vol. 28, No. 53, December 31, 2009 Kansas Register. The following regulations were filed after December 1, 2009: Reg. No. 111-2-30 111-2-230 111-2-231 111-2-232 111-2-233 111-2-234 111-2-235 through 111-2-240 111-2-241 111-2-242 111-2-243 through 111-2-248 111-2-247 111-2-248 111-2-249 through 111-2-252 111-2-249 111-2-253 111-2-254 Action Amended Amended Amended Amended Amended New New New New New Amended Amended New Amended New New Register V. V. V. V. V. V. 29, 30, 30, 29, 29, 29, p. p. p. p. p. p. 215 232 233 215 215 746
V. 29, p. 1214, 1215 V. 29, p. 1247 V. 29, p. 1247 V. 29, p. 1512, 1513 V. 30, p. 233 V. 30, p. 233 V. 30, p. 233, 234 V. 30, p. 357 V. 30, p. 241 V. 30, p. 241
AGENCY 91: DEPARTMENT OF EDUCATION Reg. No. 91-40-1 91-40-27 Reg. No. 92-19-3 92-19-3a Action Amended Amended Action Revoked New Register V. 29, p. 1093 V. 29, p. 1098 Register V. 30, p. 280 V. 30, p. 280
(continued)
Vol. 30, No. 20, May 19, 2011
624
111-2-255 111-4-2899 through 111-4-2907 111-4-2908 through 111-4-2911 111-4-2911a 111-4-2912 through 111-4-2923 111-4-2924 through 111-4-2930 111-4-2931 through 111-4-2938 111-4-2939 through 111-4-2948 111-4-2949 through 111-4-2984 111-4-2949 through 111-4-2984 111-4-2985 through 111-4-2988 111-4-2989 111-4-2990 111-4-2991 111-4-2992 through 111-4-3011 111-4-3012 through 111-4-3022 111-4-3023 through 111-4-3027 111-4-3028 through 111-4-3031 111-4-3032 through 111-4-3045 111-4-3046 through 111-4-3054 111-5-175 through 111-5-179 111-5-180 through 111-5-194 111-5-181 111-5-184 111-5-186 111-5-194 111-7-243 through 111-7-248 111-9-162 111-9-163 111-9-164 111-9-165 111-9-166 111-9-167 111-9-168 111-9-169 111-9-170 111-15-1 111-15-3 111-201-1 through 111-201-17 111-301-1 through 111-301-6 Amended New New New New New New New New New New New New New New New New New New New New New Amended Amended Amended Amended New New New New New New New New New New Amended Amended New New V. 30, p. 358 V. 29, p. 9-14 V. 29, p. 149-152 V. 29, p. 152 V. 29, p. 153-157 V. 29, p. 216-222 V. 29, p. 467-473 V. 29, p. 569-575 V. 29, p. 746-769 V. 29, p. 746-769 V. 29, p. 1180-1183 V. 29, p. 1216 V. 29, p. 1217 V. 29, p. 1218 V. 29, p. 1248-1259 V. 29, p. 1513-1522 V. 30, p. 234-237 V. 30, p. 241-243 V. 30, p. 249-258 V. 30, p. 358-364 V. 29, p. 157-159 V. 29, p. 222-228 V. 29, p. 1522 V. 29, p. 1523 V. 29, p. 1524 V. 29, p. 1525 V. 30, p. 259, 260 V. 29, p. 229 V. 29, p. 229 V. 29, p. 230 V. 29, p. 769 V. 29, p. 1184 V. 29, p. 1526 V. 29, p. 1526 V. 29, p. 1527 V. 30, p. 261 V. 30, p. 238 V. 30, p. 365 V. 29, p. 73-79 V. 29, p. 79, 80
Kansas Register
111-301-7 through 111-301-12 111-301-13 through 111-301-20 111-302-1 through 111-302-6 111-302-4 111-303-1 through 111-303-5 111-304-1 through 111-304-6 111-305-1 through 111-305-6 111-306-1 through 111-306-6 111-306-4 111-306-6 111-307-1 through 111-307-7 111-308-1 through 111-308-7 111-309-1 through 111-309-6 111-310-1 through 111-310-6 111-311-1 through 111-311-7 111-312-1 through 111-312-8 111-312-6 111-312-8 New New New Amended New New New New Amended Amended New New New New New New Amended Amended V. 30, p. 244-248 V. 30, p. 366-368 V. 29, p. 82-86 V. 30, p. 249 V. 29, p. 87-89 V. 29, p. 89-91 V. 29, p. 474, 475 V. 29, p. 1185-1187 V. 29, p.1260 V. 29, p. 1219 V. 29, p. 1189-1191 V. 29, p. 1261-1263 V. 29, p. 1528-1530 V. 29, p. 1530-1532 V. 29, p. 1532-1535 V. 30, p. 239, 240 V. 30, p. 368 V. 30, p. 368 Reg. No. 117-2-1 117-2-2 117-3-1 117-3-2 117-4-1 117-4-2 117-6-1 117-6-3 117-7-1 117-8-1 112-112-3 112-112-4 112-112-7 112-112-9
Amended Amended Amended Amended V. V. V. V. 30, 30, 30, 30, p. p. p. p. 314 314 315 315
AGENCY 117: REAL ESTATE APPRAISAL BOARD Action Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Register V. 29, p. 412 V. 29, p. 413 V. 29, p. 414 V. 29, p. 415 V. 29, p. 416 V. 29, p. 417 V. 29, p. 656 V. 29, p. 656 V. 30, p. 92 V. 29, p. 418
AGENCY 112: RACING AND GAMING COMMISSION Reg. No. 112-101-6 112-102-8 112-103-2 112-103-4 112-103-5 112-103-8 112-103-15 112-104-1 112-104-8 112-104-13 112-104-14 112-104-15 112-104-16 112-104-32 112-105-1 112-105-2 112-105-3 112-106-1 112-106-2 112-106-5 112-106-6 112-107-3 112-107-5 112-107-10 112-107-21 112-107-22 112-108-18 112-108-36 112-108-55 112-110-3 112-112-1 Action Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Register V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. 30, 30, 30, 30, 30, 30, 30, 30, 30, 30, 30, 30, 30, 30, 30, 30, 30, 30, 30, 30, 30, 30, 30, 30, 30, 30, 30, 30, 30, 30, 30, p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. 290 290 291 292 292 292 292 293 294 295 297 297 298 300 301 301 301 301 303 303 304 304 307 308 309 310 311 312 313 313 314
Vol. 30, No. 20, May 19, 2011
Kansas Register
Vol. 30, No. 21 May 26, 2011 Pages 627-666
In this issue . . .
Page
Kansas Board of Regents Universities Notice to bidders ........................................................................................................................ 628 Pooled Money Investment Board Notice of investment rates........................................................................................................... 629 State Conservation Commission Notice to contractors................................................................................................................... 629 Department of Health and Environment Request for comments on proposed air quality permit.................................................................. 629 Notice concerning water pollution control permits/applications .................................................... 630 Request for proposals for Safe Routes To School mini-grant program............................................ 632 Department of AdministrationDivision of Purchases Notice to bidders for state purchases ........................................................................................... 632 Kansas State University Notice of requested architectural services..................................................................................... 632 Kansas Department of Transportation Notice to contractors................................................................................................................... 632 Governmental Ethics Commission Opinion 2011-04 ......................................................................................................................... 633 Temporary Administrative Regulations Board of Pharmacy ..................................................................................................................... 635 Permanent Administrative Regulations Department of Agriculture.......................................................................................................... 635 New State Laws Senate Bill 10, concerning taxation.............................................................................................. 638 Senate Substitute for House Bill 2049, concerning controlled substances...................................... 644 Substitute for Senate Bill 50, concerning emergency communications service............................... 651 Senate Bill 93, concerning racial or other biased-based policing.................................................... 659 Index to administrative regulations ................................................................................................ 661
628
State of Kansas
Kansas Register
Notice
Doc. No. 038494
Vol. 30, No. 21, May 26, 2011

State of Kansas
Kansas Register
629

Doc. No. 039431
State of Kansas

Notice to Contractors Sealed bids for the rehabilitation of the detention dam Site 162 will be received by the Mill Creek Watershed District No. 85 in the office of Ethel Ann King, 24400 M Road, Holton, 66436, until 5 p.m. June 20, or by Duane Hund, 32409B E. Springcreek Road, Paxico, 66526, until 6:30 p.m. June 20. Bid opening will be at 7:30 p.m. June 20 at the USDA Service Center in Alma. The project is to repair and improve the eroded outlet channel of the auxiliary spillway of a floodwater detention dam. The work includes salvaging approximately 300 cubic yards of rip rap, placing 374 cubic yards of bedding gravel, installing approximately 1,100 cubic yards of geotextile filter fabric, installing an underdrain, placing 650 cubic yards of rock rip rap and grouting the rip rap in place. For technical advice, contact King Engineering at (785) 364-4312 or (785) 364-4436. Greg A. Foley Executive Director
Doc. No. 039439
State of Kansas

Request for Comments The Kansas Department of Health and Environment and the Unified Government of Wyandotte County/Kansas City, Kansas Department of Air Quality are soliciting comments regarding a proposed air quality permit. Stericycle, Inc. has applied for a Class I operating permit renewal in accordance with the provisions of K.A.R. 28-19510 et seq. The purpose of a Class I permit is to identify sources and types of regulated air pollutants emitted from the facility; the emission limitations, standards and requirements applicable to each source; and the monitoring, record keeping and reporting requirements applica-
ble to each source as of the effective date of permit issuance. Notice also is given that certain requirements were found to no longer be appropriate in the construction permit dated July 30, 1987. These requirements are being modified by a Modification of Permit/Approval Conditions. Stericycle, Inc., 3140 N. 7th St. Trafficway, Kansas City, owns and operates a hospital, medical and infectious waste incinerator (HMIWI) in Kansas City, Kansas. A copy of the proposed permit, permit application, all supporting documentation and all information relied upon during the permit application review process is available for a 30-day public review during normal business hours at the KDHE, Bureau of Air, 1000 S.W. Jackson, Suite 310, Topeka; and a copy of the proposed permit can be reviewed at the Department of Air Quality, 619 Ann Ave., Kansas City. To obtain or review the proposed permits and supporting documentation, contact Rollin Sachs, (913) 573-6700, at the Department of Air Quality. The standard departmental cost will be assessed for any copies requested. Direct written comments or questions regarding the proposed permit to Rollin Sachs, Department of Air Quality, 619 Ann Ave., Kansas City, KS 66101. In order to be considered in formulating a final permit decision, written comments must be received before the close of business June 27. A person may request a public hearing be held on the proposed permit. The request for a public hearing shall be in writing and set forth the basis for the request. The written request must be submitted to Sharon Burrell, KDHE, Bureau of Air, 1000 S.W. Jackson, Suite 310, Topeka, 66612-1366, not later than the close of business June 27 in order for the Secretary of Health and Environment to consider the request. The U.S. Environmental Protection Agency has a 45day review period, which will start concurrently with the 30-day public comment period, within which to object to the proposed permit. If the EPA has not objected in writing to the issuance of the permit within the 45-day review period, any person may petition the administrator of the EPA to review the permit. The 60-day public petition period will directly follow the EPAs 45-day review period. If the EPA waives its 45-day review period, the 60-day public petition period will start directly after the 30-day public comment period. Interested parties may contact KDHE to determine if the EPAs 45-day review period has been waived. Any such petition shall be based only on objections to the permit that were raised with reasonable specificity during the public comment period provided for in this notice, unless the petitioner demonstrates that it was impracticable to raise such objections within such period, or unless the grounds for such objection arose after such period. Contact Pat Scott, U.S. EPA, Region VII, Air Permitting and Compliance Branch, 901 N. 5th St., Kansas City, KS 66101, (913) 551-7097, to determine when the 45day EPA review period ends and the 60-day petition period commences. Robert Moser, M.D. Secretary of Health and Environment
Doc. No. 039434
Vol. 30, No. 21, May 26, 2011
630
State of Kansas
Kansas Register
Notice Concerning Kansas/Federal Water Pollution Control Permits and Applications
Notice
100 head (10 animal units) of swine 55 pounds or less, 16 head (16 animal units) of beef cattle more than 700 pounds and 20 head (10 animal units) of beef cattle 700 pounds or less, for a total of 266 head (88 animal units) of beef cattle and swine. There is no change in the permitted animal units from the previous permit. Name and Address Legal Receiving of Applicant Description Water Hurtig Farm SE/4 of Section 31, Solomon River Virginia Hurtig T08S, R03W, Cloud Basin 1268 Cloud Road County Delphos, KS 67436 Kansas Permit No. A-SOCD-B001 This permit is being reissued for an existing facility with a maximum capacity of 400 head (400 animal units) of cattle more than 700 pounds. There is no change in the permitted animal units from the previous permit.
In accordance with Kansas Administrative Regulations 28-16-57 through 63, 28-18-1 through 15, 28-18a-1 through 32, 28-16-150 through 154, 28-46-7, and the authority vested with the state by the administrator of the U.S. Environmental Protection Agency, various draft water pollution control documents (permits, notices to revoke and reissue, notices to terminate) have been prepared and/or permit applications have been received for discharges to waters of the United States and the state of Kansas for the class of discharges described below. The proposed actions concerning the draft documents are based on staff review, applying the appropriate standards, regulations and effluent limitations of the state of Kansas and the Environmental Protection Agency. The final action will result in a Federal National Pollutant Discharge Elimination System Authorization and/or a Kansas Water Pollution Control permit being issued, subject to certain conditions, revocation and reissuance of the designated permit or termination of the designated permit. Public Notice No. KS-AG-11-084 Application(s) for New or Expansion of Existing Swine Facilities
Name and Address of Applicant Seaboard Farms, L.P. Breeding #3, 4, 5, 6 and 7 2801 Hurliman Road Guymon, OK 73942 Owner of Property Where Facility Will Be Located Seaboard Farms, L.P. Breeding #3, 4, 5, 6 and 7 2801 Hurliman Road Guymon, OK 73942
Name and Address Receiving Type of of Applicant Stream Discharge Larosse, City of Sand Creek Treated Domestic P.O. Box 339 Wastewater LaCrosse, KS 67548 Kansas Permit No. M-UA23-OO02 Federal Permit No. KS0100081 Legal Description: NW14, SE14, SE14, S34, and SW14, T17S, R18W, Rush County Facility Description: The proposed action is to issue a new permit for the operation of a new wastewater treatment facility. The proposed facility is a three-cell lagoon that discharges at the same outfall as the current mechanical plant. The proposed permits contain limits for biochemical oxygen demand and total suspended solids, as well as monitoring of ammonia, E. coli, total phosphorus, effluent flow and pH. Contained in the permit is a schedule of compliance to construct the new plant and achieve compliance with the permit requirements. Name and Address Receiving Type of of Applicant Stream Discharge Neodesha, City of Verdigris River Treated Domestic P.O. Box 336 Wastewater Neodesha, KS 66757 Kansas Permit No. M-VE29-OO01 Federal Permit No. KS0025658 Legal Description: W14, NW14, S28 and E12, NE14, S29, T30S, R16E, Wilson County Facility Description: The proposed action is to reissue the existing permit for the operation of the existing wastewater treatment facility. The proposed permit contains limits for biochemical oxygen demand and total suspended solids, as well as monitoring of ammonia, E. coli and pH. Name and Address Receiving Type of of Applicant Stream Discharge N.R. Hamm Quarry, Inc. Kansas River via Pit Dewatering & P.O. Box 17 Wakarusa River via Stormwater Perry, KS 66073 Clinton Lake Runoff Kansas Permit No. I-KS88-PO01 Federal Permit No. KS0117901 Legal Description: SW14, S35, T13S, R18E Douglas County Facility Name: #53 Harrell Quarry Facility Description: The proposed action consists of reissuing an existing permit for discharge of wastewater during quarry operations. This is a limestone quarrying and crushing operation with no washing. Outfall 001 consists of pit drainage and stormwater that drains naturally from the quarry pit into a wetland before discharge. The proposed permit includes generic water-quality language to protect waters of the state.
Legal Description Receiving Water Parts of Sections 21, 28, 27, Cimarron River Basin 29 and 33, T31S, R40W, Morton County Kansas Permit No. A-CIMT-H001 Federal Permit No. KS0091341 This is a notice to advise the public that the department has received a permit application and it is available for review. The applicant is proposing to modify the facility by constructing an evaporation pond to receive liquid process wastes from each anaerobic treatment and storage basin at each of the five farm units. The size classes and number of swine in each classification will be unchanged: 37,850 head of swine weighing more than 55 pounds (15,140 animal units) and 39,460 head of swine weighing 55 pounds or less (3,946 animal units), for a total of 19,086 animal units). A new or modified permit will not be issued without additional public notice.
Name and Address Legal Receiving of Applicant Description Water Five M Farms SW/4 of Section 17, Kansas River Marvin or Marvel Torneden T12S, R21E, Basin 22912 Linwood Road Leavenworth Linwood, KS 66052 County Kansas Permit No. A-KSLV-S017 This permit is being reissued for an existing facility with a maximum capacity of 130 head (52 animal units) of swine more than 55 pounds,
Vol. 30, No. 21, May 26, 2011
Notice
Name and Address of Applicant N.R. Hamm Quarry, Inc. P.O. Box 17 Perry, KS 66073
Kansas Register
631
Receiving Type of Stream Discharge Vermillion River Pit Dewatering & via Indian Creek Stormwater via Unnamed Runoff Tributary Kansas Permit No. I-KS79-PO02 Federal Permit No. KS0080977 Legal Description: SE14, S3, and NE14, S10, T7S, R10E, Pottawatomie County Facility Name: Kufahl (Onaga) Quarry #79 Facility Description: The proposed action consists of reissuing an existing permit for discharge of wastewater during quarry operations. This is a limestone quarrying and crushing operation that will occasionally wash rock on demand. Outfall 001A1 consists of pit drainage and stormwater runoff. Outfall 002A1 consists of treated washwater from a settling pond. The proposed permit contains limits for total suspended solids and includes generic water-quality language to protect waters of the state. Name and Address Receiving Type of of Applicant Stream Discharge Nelson Quarries Verdigris River via Pit Dewatering & P.O. Box 100 Toronto Lake via Stormwater Gas, KS 66742 Unnamed Tributary Runoff Kansas Permit No. I-VE36-PO01 Federal Permit No. KS0100234 Legal Description: SW14, S26, T25S, R13E, Woodson County Facility Name: Toronto Quarry Facility Description: The proposed action consists of reissuing a new permit for discharge of wastewater during quarry operations from an existing quarry. This facility is a limestone quarrying and crushing operation with no washing. Outfall 001 and Outfall 002 consist of pit drainage and stormwater runoff. The proposed permit includes generic water-quality language to protect waters of the state. Name and Address Receiving Type of of Applicant Stream Discharge Harshman Construction John Redmond Pit Dewatering & LLC Reservoir via Otter Stormwater 1648 F P Road Creek via Unnamed Runoff Cedar Point, KS 66843 Tributary Kansas Permit No. I-NE32-PO01 Federal Permit No. KS0094439 Legal Description: NW14, S33, T21S, R14E, Coffey County Facility Name: Paxson Quarry Facility Description: The proposed action consists of reissuing an existing permit for discharge of wastewater during quarry operations. This facility is engaged in a limestone quarry operation with some washing. Outfall 001X1 consists of pit dewatering and stormwater runoff. Outfall 001A1 consists of treated wash water from a settling pond. The proposed permit contains limits for total suspended solids. The proposed permit also includes generic water-quality language to protect waters of the state. The facility will be creating a new discharge. An antidegradation review has been conducted and accepted by KDHE. Name and Address Receiving Type of of Applicant Stream Discharge MRP Properties Company, Walnut River Process LLC Wastewater 1400 S. M St. Arkansas City, KS 67005 Kansas Permit No. I-WA18-PO02 Federal Permit No. KS0000434 Legal Description: SE14, S32, T34S, R4E, Cowley County Facility Name: MRP Properties - Arkansas City Facility Facility Description: The proposed action consists of reissuance of an existing Kansas Water Pollution Control/ NPDES Permit for an existing facility. This facility treats contaminated groundwater and stormwater runoff from an inactive oil refinery and active asphalt terminal. The wastewater treatment system consists of extended aeration bio-reactor tanks and facultative lagoons. Remediation activities are ongoing under EPA Resource Conservation and Recovery Act (RCRA) oversight. The wastewater treatment system consists of one extended aeration bio-reactor tank with one backup bio-reactor tank and a series of four facultative lagoons. Domestic waste is dis-
charged to the city sanitary sewer system. The proposed permit contains limits for benzene, oil and grease, whole effluent toxicity and pH, as well as monitoring for total petroleum hydrocarbons (DRO and GRO), sulfate, total recoverable metals and effluent flow.
Notice of Intent to Terminate

Name and Address Facility Address Document No. Mineral Springs Park 181 E. 125th St. C-KS07-OO02 c/o Larry Thomas Carbondale, KS 66414 5945 King, Suite 5 Shawnee, KS 66203 The Kansas Department of Health and Environment issued Kansas Water Pollution Control Permit C-KS07-OO02 to Larry Thomas, dba Mineral Springs Park, with an effective date of June 1, 2007, and expiring on December 31, 2011, to operate a three-cell wastewater stabilization lagoon system. On May 17, 2011, KDHE issued Administrative Order 11-E-0038 to the permittee for numerous violations of the permit requirements. Because of a long and continuing history of permit violations, KDHE also indicated its intent to terminate the permit. Therefore, pursuant to K.A.R. 28-16-60 and K.A.R. 28-16-62, KDHE is hereby providing a Notice of Intent to Terminate the permit to operate the lagoon system for failure to comply with the current permit requirements. The permittee may appeal this Notice of Intent to Terminate pursuant to the requirements for public comment shown at the end of this public notice.
Persons wishing to comment on the draft documents and/or permit applications must submit their comments in writing to the Kansas Department of Health and Environment if they wish to have the comments considered in the decision-making process. Comments should be submitted to the attention of the Livestock Waste Management Section for agricultural-related draft documents or applications, or to the Technical Services Section for all other permits, at the Kansas Department of Health and Environment, Division of Environment, Bureau of Water, 1000 S.W. Jackson, Suite 420, Topeka, 66612-1367. All comments regarding the draft documents or application notices received on or before June 25 will be considered in the formulation of the final determinations regarding this public notice. Please refer to the appropriate Kansas document number (KS-AG-11-084/086, KS-Q-11031/037) and name of the applicant/permittee when preparing comments. After review of any comments received during the public notice period, the Secretary of Health and Environment will issue a determination regarding final agency action on each draft document/application. If response to any draft document/application indicates significant public interest, a public hearing may be held in conformance with K.A.R. 28-16-61 (28-46-21 for UIC). All draft documents/applications and the supporting information including any comments received are on file and may be inspected at the offices of the Kansas Department of Health and Environment, Bureau of Water. These documents are available upon request at the copying cost assessed by KDHE. Application information and components of plans and specifications for all new and expanding swine facilities are available on the Internet at http://www.kdheks.gov/feedlots. Division of Environment offices are open from 8 a.m. to 5 p.m. Monday through Friday, excluding holidays. Robert Moser, M.D. Secretary of Health and Environment
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RFP/Notices

Request for Proposals The Kansas Department of Health and Environment, Bureau of Health Promotion, is posting a request for application notice for a Safe Routes To School (SRTS) minigrant project. The funds must be used for communitybased coordination through (1) formation of a SRTS coalition or creation of a SRTS committee within an existing community health coalition; (2) implementation of a walk ability and bike ability checklist; and (3) preparation of a draft proposal to the Kansas Department of Transportation for funding to implement a Safe Routes To School program in the applicants community. Private or public nonprofit community-based organizations or units of local and state government are eligible to apply for these funds. Only one applicant per community will be considered; applicants will be notified of multiple community applications following receipt of mini-grant applications so that consolidation may be considered. The submission deadline is by the close of the business day (5 p.m. C.S.T.) Friday, June 17. For additional information, contact Heidi Johnson, Bureau of Health Promotion, at (785) 827-9639 or hjohnson@kdheks.gov. Robert Moser, M.D. Secretary of Health and Environment
Doc. No. 039435

Notice of Requested Architectural Services Notice is hereby given for the commencement of the selection process for architectural services for renovations to the East Memorial Stadium at Kansas State University. The renovation of the stadium is to upgrade and enhance the use of the building/area as the KSU Welcome Center and Academic Support/Career Services. This $11 million phase will serve K-State students from enrollment to career. A preview/walk-through of the area is scheduled for 10 a.m. June 28 at the main level, East Memorial Stadium, Anderson Avenue, Manhattan. Attendance is mandatory. Responses are due at 2 p.m. July 11 at the K-State Purchasing Office, 21 Anderson Hall, Manhattan, 66506. For additional project program information, please visit K-State Purchasings Web site, www.k-state.edu/ purchasing/rfq, and refer to RFP #40259. Project questions may be addressed to Dave Debusman at (785) 532-1728. Carla Bishop Director of Purchasing
Doc. No. 039442
State of Kansas
Notice to Contractors Sealed proposals for the construction of road and bridge work in the following Kansas counties will be received at the Bureau of Construction and Maintenance, KDOT, Topeka, or at the Eisenhower State Office Building, fourth floor west wing, 700 S.W. Harrison, Topeka, until 1 p.m. June 22 and then publicly opened: District One Northeast Lyon99-56 KA 0012-01 Grading (State Funds) Douglas59-23 KA 1591-01 Bridge Repair and Silica Fume Overlay (State Funds) Douglas40-23 KA 1593-01 Bridge Repair and Silica Fume Overlay (State Funds) Lyon99-56 KA 1606-01 Bridge Repair and Polymer Overlay (State Funds) Shawnee75-89 KA 2361-01 Pavement Marking, 5.63 miles (Federal Funds) Wabaunsee70-99 KA 2376-01 Pavement Marking, 18.521 miles (Federal Funds) Shawnee70-89 KA 2377-01 Pavement Marking, 5 miles (Federal Funds) Atchison3 U 2294-01 Grading and Surfacing, 0.017 mile (State Funds) Osage-Leavenworth-Shawnee-Wabaunsee-AtchisonJackson-Johnson-Douglas-Lyon-Wyandotte106 KA 219901 Mudjacking (State Funds) District Two Northcentral Mitchell24-62 KA 1611-01 Bridge Repair and Silica Fume Overlay (State Funds) Republic148-79 KA 1617-01 Bridge Repair (State Funds)
State of Kansas

06/07/2011 06/07/2001 06/07/2011 06/08/2011 06/10/2011 06/13/2011 06/22/2011 EVT0000670 Environmental Cabinets EVT0000675 Street Sweeping Service Wichita EVT0000685 Avon Protection C420 Respirator EVT0000680 Aggregate AS-1 NW Kansas EVT0000666 Consultation Services EVT0000684 Sex Offender Treatment and Consultation Services EVT0000674 Problem Gambling FTEs and Technical Assistance
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Republic148-79 KA 2148-01 Bridge Repair (State Funds) District Three Northwest Decatur20 C 4361-01 Grading and Bridge, 0.114 mile (Federal Funds) District Four Southeast Bourbon69-6 KA 2355-01 Bridge Repair (State Funds) Miami-Franklin68-106 KA 2354-01 Crack Repair (Asphalt), 12.1 miles (State Funds) Franklin-Douglas33-106 KA 2358-01 Crack Repair and Asphalt Seal, 10.43 miles (State Funds) District Five Southcentral Reno50-78 K 7409-02 Grading, Surfacing and Bridge, 2.869 miles (Federal Funds) Volume 1 50-78 K 7409-02 Roadway Drainage Volume 2 50-78 K 7409-02 Bridges, Fencing, Erosion Control, Lighting, Signing and Pavement Marking Volume 3 50-78 K 7409-02 Sequence of Construction and Traffic Control Volume 4 50-78 K 7409-02 X-Sections Sumner55-96 KA 1630-01 Bridge Repair and Silica Fume Overlay (State Funds) Sumner15-96 KA 1631-01 Bridge Repair and Polymer Overlay (State Funds) Sedgwick54-87 KA 1856-01 Lighting (Federal Funds) Reno96-78 KA 2113-01 Bridge Repair (State Funds) Sedgwick235-87 KA 2272-01 Bridge Repair and Polymer Overlay (State Funds) Cowley77-18 KA 2273-01 Bridge Repair (State Funds) Sedgwick235-87 KA 2345-01 Concrete Pavement Patching, 15.576 miles (State Funds) District Six Southwest Ford29 C 4330-01 Grading and Surfacing, 0.932 mile (State Funds) Proposals will be issued upon request to all prospective bidders who have been prequalified by the Kansas Department of Transportation on the basis of financial condition, available construction equipment and experience. Also, a statement of unearned contracts (Form No. 284) must be filed. There will be no discrimination against anyone because of race, age, religion, color, sex, handicap or national origin in the award of contracts. Each bidder shall file a sworn statement executed by or on behalf of the person, firm, association or corporation submitting the bid, certifying that such person, firm, association or corporation has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the submitted bid. This sworn statement shall be in the form of an affidavit executed and sworn to by the bidder before a person who is authorized by the laws of the state to administer oaths. The required form of affidavit will be provided by the
state to each prospective bidder. Failure to submit the sworn statement as part of the bid approval package will make the bid nonresponsive and not eligible for award consideration. Plans and specifications for the projects may be examined at the office of the respective county clerk or at the KDOT district office responsible for the work. Deb Miller Secretary of Transportation
Doc. No. 039440
State of Kansas

Opinion No. 2011-4 Written May 18, 2011, to Bruce Berkley, City Attorney, Downs. This opinion is in response to your letter dated April 19, 2011, wherein you request an opinion from the Kansas Governmental Ethics Commission concerning the application of the local conflict of interest laws, K.S.A. 75-4301 et seq. We note at the outset that the Commissions jurisdiction concerning your questions is limited to K.S.A. 754301 et seq., and the Commissions opinion does not address whether some other statutory system, common law theory, or agency rule or regulation applies to your inquiry. Factual Statement: You request this opinion in your capacity as City Attorney for Downs, Kansas. Your concerns deal with the issuance of building permits. By city ordinance, the mayor is the building and zoning inspector, but the mayor has delegated those duties to the city superintendent. Two city council members, the mayor, and the city superintendent serve as officers and have a substantial interest in a local industrial development corporation (IDC) that has filed a building permit application. The elected officials have filed disclosure statements, but not the city superintendent. The city council is also considering whether to contract with the city clerks spouse to perform masonry work on a city building. In a conversation with staff, you explained the procedure for processing a request for a building permit. An applicant receives the application for a building permit from the city clerk and returns the completed application and fee to the city clerk. The clerk forwards the application to the city superintendent who inspects the property to determine whether the proposed building would comply with the applicable zoning ordinances and makes a recommendation to the city council on whether to grant or deny the application. At its meeting, the city council considers, discusses, and votes on either granting or denying a building permit. You present possible conflict of interest issues for the two city council members, mayor, superintendent, and clerk. Questions: 1. Is the issuance of a building permit a contract between the city and the applicant that requires abstention of all interested parties?
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2. If the issuance of a building permit is not a contract matter, (a) can the city superintendent take any action on the building permit application of the IDC without first filing a disclosure statement and (b) can the mayor and council members participate, discuss, and vote on the IDCs application? 3. If a disclosure statement is not filed, what duties performed by city employees require abstention under K.S.A. 75-4305? 4. Is the city clerk performing an act under K.S.A. 754301a(h) by: (a) providing and receiving an application for a building permit filed by the clerks spouse; (b) recording the meeting where council members consider, discuss, and vote on the contract with the clerks spouse; (c) attesting to the contract between the city council and the clerks spouse; (d) answering questions on the contract between the city council and clerks spouse; and (e) signing the checks for payment pursuant to the contract between the city council and clerks spouse? Opinion: You first ask whether the issuance of a building permit is a contract between the city and the applicant that requires abstention of all interested parties. K.S.A. 75-4304 provides:
(a) No local governmental officer or employee shall, in the capacity of such an officer or employee, make or participate in the making of a contract with any person or business by which the officer or employee is employed or in whose business the officer or employee has a substantial interest. (b) No person or business shall enter into any contract where any local governmental officer or employee, acting in that capacity, is a signatory to or a participant in the making of the contract and is employed by or has a substantial interest in the person or business. (c) A local governmental officer or employee does not make or participate in the making of a contract if the officer or employee abstains from any action in regard to the contract.
cal government officials and employees in non-contract matters. It states:

(a) Any local governmental officer or employee who has not filed a disclosure of substantial interests shall, before acting upon any matter which will affect any business in which the officer or employee has a substantial interest, file a written report of the nature of the interest with the county election officer of the county in which is located all or the largest geographical part of the officers or employees governmental subdivision. (b) A local governmental officer or employee does not pass or act upon any matter if the officer or employee abstains from any action in regard to the matter.
Contracts are defined in K.S.A. 75-4301a(g) as agreements including but not limited to sales and conveyances of real and personal property and agreements for the performance of services. By contrast, the city councils adoption of a general city zoning ordinance is a legislative function and the city councils decision to grant or deny a permit for a specific tract of land is a quasi-judicial function. Golden v. City of Overland Park, 224 Kan. 591, 597 (1978). The Commission has consistently held that K.S.A. 75-4304 does not generally cover these matters. (See Commission Opinion Nos. 2010-06, 2008-11, 2003-24, 1999-51 and 1999-05.) Because the decision to grant or deny a building permit application is not the making of a contract, K.S.A. 75-4304 does not require the city employees or city commissioners to abstain from acting upon the application. You next ask, if the issuance of a building permit is not a contract, can the city superintendent take any action on the building permit application submitted by the IDC without first filing a disclosure statement and can the mayor and council members participate, discuss, and vote on the IDCs application. K.S.A. 75-4305 governs lo Kansas Secretary of State 2011
Under K.S.A. 75-4305, the city superintendent cannot take action, such as inspecting the property for zoning compliance and making a recommendation to the city council, on IDCs building permit application because he has not disclosed his substantial interest in IDC by filing a Statement of Substantial Interests. Once he has done so, the city superintendent may then act upon the building permit application of IDC. However, the two city council members and the mayor may participate in the discussions and vote on IDCs application for a building permit because they have disclosed their substantial interest in IDC by filing a Statement of Substantial Interests. Your third question is, if a city employee has a substantial interest in a business and does not file a disclosure statement, what duties performed by city employees require abstention under K.S.A. 75-4305. In a conversation with the Commissions staff, you indicated that your concern is whether K.S.A. 75-4305 covers ministerial acts of employees, such as a duty that involves no discretion or judgment in its performance. K.S.A. 75-4301a(h) defines [a]cts as the exercise of power or authority or performance of any duty incident to public office or employment. This broad definition includes any duty related to the employees public employment even though such duty may be perfunctory or ceremonial. Thus, there is no differentiation between the types of duties that a public employee performs. Lastly, you inquire if certain duties of the city clerk qualify as acts under K.S.A. 75-4301a(h). Your concern is, if these duties qualify as acts, the clerk will be prohibited from performing ministerial or perfunctory duties. As noted above, the statute does not differentiate between the duties performed by a public employee. Thus, if the acts are a part of the city clerks duties, they fall within the definition of K.S.A. 75-4301a(h). K.S.A. 74-4304(b)-(c) requires abstention only if the employee acting in the capacity of an employee, makes or participates in the making of a contract with any person or business . . . in whose business the . . . employee has a substantial interest. K.S.A. 74-4304(b) prohibits an employee, acting in the capacity of an employee, to be a signatory to a contract if that employee has a substantial interest in the person or business. It does not appear that the acts you describe constitute participating in or the making of a contract. The first duty listed (providing and receiving an application for a building permit filed by the clerks spouse) is not a contract function as discussed in the first question. The second and
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third duties listed (recording the meeting where council members discuss, and vote on the contract with the clerks spouse and attesting to the contract between the city council and the clerks spouse) are administrative acts that serve as evidence of the contract, but the acts are not participating in or the making of a contract. The last acts listed (answering questions on the contract between the city council and clerks spouse and signing the checks for payment pursuant to the contract between the city council and clerks spouse) occur after the contract has become final; thus, the clerk is not negotiating in or making the contract. Additionally, the clerks attestation to the contract does not make the clerk a signatory to or a participant in the making of the contract under K.S.A. 75-4304(b). The word attest means to certify to the verity of a copy of a public document formally by signature; . . . to signify by subscription of his name that the signer has witnessed the execution of the particular instrument. Blacks Law Dictionary 117 (5th ed. 1979). By contrast, the word signatory means a person who signs a document personally or through his agent and who becomes a party thereto. Id. at 1239. The clerks attestation does not make the clerk a party to the contract. Nevertheless, because the above duties are acts under K.S.A. 75-4305, the clerk should file a disclosure of substantial interests before performing the duties of city clerk in matters involving the contract with her spouse. Sabrina K. Standifer, Chairwoman By Direction of the Commission
Doc. No. 039443
Permanent Administrative Regulations Article 1.AGRICULTURAL CHEMICALS 4-1-2. Definitions. In addition to the terms defined in K.S.A. 2-2202 and amendments thereto, the following terms shall have the meanings specified in this regulation: (a) Abstracted, as used in K.S.A. 2-2202(x)(3) and amendments thereto, means omitted. (b) The act, and the agricultural chemical act mean K.S.A. 2-2201 et seq., and amendments thereto. (c) Authorized representative and designee mean any person authorized by the secretary to enforce the act. (d) Pesticide shall include insecticides, fungicides, rodenticides, herbicides, nematocides, defoliants, desiccants, and antimicrobials. (e) Plant-incorporated protectant means any pesticidal substance produced by any plant and the genetic material necessary for the plant to produce the substance. (f) Plant regulator shall not include any substance labeled or otherwise represented solely for use as a plant nutrient, fertilizer, or soil amendment. (g) Product means one or more pesticides formulated, packaged, and labeled for distribution or sale. (h) Valuable constituent means any active ingredient or inert ingredient. (Authorized by K.S.A. 2009 Supp. 22205; implementing K.S.A. 2009 Supp. 2-2202; effective Jan. 1, 1966; amended May 1, 1982; amended June 10, 2011.) 4-1-5. Label. The label of each product shall show clearly and prominently the following items: (a) The complete name of the product under which the product is registered under the act; (b) the name and address of the manufacturer, registrant, or person for whom the product was manufactured. Unless otherwise stated, any name and address on the label shall be considered as the name and address of the manufacturer. If the registrants name appears on the label and the registrant is not the manufacturer or if the name of the person for whom the product was manufactured appears on the label, the name that appears on the label shall be qualified by appropriate wording that may include packed for, distributed by, or sold by, to indicate that the name is not that of the manufacturer. If the product is manufactured in more than one location or at a location separate from the manufacturers principal office, then the product label shall state either one of the addresses where the product is manufactured or the address of the manufacturers principal office; (c) the EPA registration number, if required under the provisions of FIFRA; (d) the net contents; (e) an ingredient statement, which shall meet the following requirements: (1) The ingredient statement shall appear on the front panel of the label unless the secretary or designee determines that, due to the size or form of the container, a
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State of Kansas
Board of Pharmacy
Temporary Administrative Regulations Article 20.CONTROLLED SUBSTANCES 68-20-28. N-Methyl-3,4-methylenedioxycathinone included in schedule I. N-Methyl-3,4-methylenedioxy cathinone, including its salts, isomers, and salts of isomers, shall be classified as a schedule I controlled substance. (Authorized by and implementing K.S.A. 2010 Supp. 65-4102; effective, T-68-5-17-11, May 17, 2011.) 68-20-29. 4-methylmethcathinone included in schedule I. 4-methylmethcathinone, including its salts, isomers, and salts of isomers, shall be classified as a schedule I controlled substance. (Authorized by and implementing K.S.A. 2010 Supp. 65-4102; effective, T-68-517-11, May 17, 2011.) Debra L. Billingsley Executive Secretary
Doc. No. 039432
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statement on that portion of the label is impractical and permits this statement to appear on another side or panel of the label. If so permitted, the ingredient statement shall be in larger type and more prominent than the surrounding text. The ingredient statement shall run parallel with other printed matter on the panel of the label on which the ingredient statement appears and shall be on a clear, contrasting background and not obscured or crowded; (2) the acceptable common name of each active ingredient as specified in FIFRA shall appear on the ingredient statement or, if the active ingredient has no common name, the correct chemical name shall be stated. A trademark or trade name shall not be used as the name of an active ingredient unless the trademark or trade name has become a common name; (3) active ingredients and inert ingredients shall be so designated. The term inert ingredient shall appear in the same size type and be as prominent as the term active ingredient; and (4) the percentages of all ingredients shall be determined by weight, and the sum of the percentages of all ingredients shall be 100. Sliding-scale forms of ingredient statements shall not be used; (f) a first aid statement; and (g) a warning or caution statement. The warning or caution statement shall appear on the label in a place sufficiently prominent to warn the user and shall state clearly and in nontechnical language the particular hazards involved in the use of the product and the precautions to be taken to avoid accident, injury, or damage to humans and other nontarget organisms. (Authorized by K.S.A. 2010 Supp. 2-2205; implementing K.S.A. 2010 Supp. 2-2202; effective Jan. 1, 1966; amended May 1, 1982; amended June 10, 2011.) 4-1-6. (Authorized by K.S.A. 2-2205; implementing K.S.A. 2-2203; effective Jan. 1, 1966; amended May 1, 1982; revoked June 10, 2011.) 4-1-8. (Authorized by K.S.A. 2-2205; implementing K.S.A. 2-2203; effective Jan. 1, 1966; amended May 1, 1982; revoked June 10, 2011.) 4-1-9. Registration. (a) Pursuant to K.S.A. 2-2204 and amendments thereto, a product may be registered by one of the following: any manufacturer, authorized agent of the manufacturer, packer, seller, distributor, or shipper of that product. (b) The registrant shall be responsible for the accuracy and completeness of all information submitted in connection with the application for registration of a product. (c) Each registrant shall submit the product labeling to the secretary or designee when initially registering the product and whenever changing or modifying the labeling. When a registrant submits a products labeling due to a change or modification in the labeling, the labeling shall be accompanied with a written statement that clearly and specifically describes the changes from the previous labeling and the proposed date of implementation of the new labeling. After the effective date of a change in labeling, the product shall be marketed only under the new labeling. Any registrant may request from the secretary or designee that a reasonable time be per Kansas Secretary of State 2011
mitted to relabel or dispose of any products with the old labeling. After the initial registration of a product, any registrant may register that product no more than four consecutive years without the submission of the product label if there is no change to the product label. (d) Claims or representations made for a product by the registrant or registrants agent shall not differ from claims or representations made in connection with registration. These claims or representations shall include the following: (1) Publications or advertising literature that accompanies the product or is distributed separately from the product; (2) advertising by radio, television, internet sites, or other electronic media; and (3) verbal and written communication. (e) If the secretary requires additional information in support of the registration and the registrant believes that the requirement for additional data is unreasonable, the registrant may request a conference with the secretary or designee to discuss the requirement and consider alternatives. Each request for a conference shall be made no later than 20 days after the date on which the request for additional data is sent to the registrant. (f) Each registration shall be valid through the last day of the calendar year in which the product was registered, unless the registration has been canceled or suspended before that day. (Authorized by K.S.A. 2010 Supp. 2-2205; implementing K.S.A. 2010 Supp. 2-2204; effective Jan. 1, 1966; amended May 1, 1982; amended June 10, 2011.) 4-1-9a. Registration for special local need. (a) Each person registering a product for additional uses and methods of application not stated on the products labeling under section three of FIFRA, but not inconsistent with federal law, for the purpose of meeting a special local need shall submit an application for the special local need to the secretary or designee. Each application shall include the following: (1) A statement explaining why a special local need registration is necessary; (2) efficacy and residue data; (3) a letter from a subject matter expert, as recognized by the secretary or designee, detailing support for the special local need registration; (4) EPA form 8570-25, application for/notification of state registration of a pesticide to meet a special local need; and (5) a proposed label for the product. (b) A product shall not be eligible for special local need registration if at least one of the following conditions is met: (1) There is insufficient evidence to support a special local need for the additional use or method of application within the state. (2) The registrant and product do not meet all requirements under the act and the Kansas pesticide law. (3) For a food or feed use, the additional use or method of application does not have an established residue tolerance, or an exemption from tolerance, under FIFRA. (4) The same use or method of application has previously been denied, disapproved, suspended, or cancelled by EPA.
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(5) The same use or method of application has been voluntarily cancelled by the registrant. (c) A special local need registration shall be issued to the applicant upon referral of the application to EPA by the secretary. (d) A special local need registration shall be immediately cancelled by the secretary or designee if the application is disapproved by EPA. (e) Each special local need registration of a product shall be renewed annually, but may be renewed no more than four times without resubmission of a special local need request pursuant to K.A.R. 4-1-9a. (Authorized by K.S.A. 2009 Supp. 2-2205 and K.S.A. 2009 Supp. 2-2214; implementing K.S.A. 2009 Supp. 2-2207; effective June 10, 2011.) 4-1-9b. Emergency situation exemptions. (a) Any person may submit a request for a registration exemption under section 18 of FIFRA to the secretary or designee if an emergency situation exists. (b) Emergency situation shall include the following: a specific emergency, a public health emergency, a quarantine emergency, and a crisis emergency that is urgent and nonroutine. (c) Each request for registration exemption under section 18 of FIFRA shall include documentation of each of the following: (1) No effective registered products are available. (2) No feasible alternative control practices are available. (3) The emergency situation involves the introduction of a new pest, will present significant risks to human health or the environment, or will cause significant economic loss. (d) Each person seeking an emergency situation exemption shall compile and present to the secretary or designee any additional information required by EPA to support the request. (e) Each person distributing a product under the emergency situation exemption shall provide the end user with the product labeling that was approved for the emergency situation exemption. (f) Each person distributing or using products under an emergency situation exemption shall meet the following requirements: (1) Comply with all reporting requirements contained within the emergency situation exemption; and (2) notify the secretary or designee of any adverse effects resulting from the use of the product. (Authorized by K.S.A. 2009 Supp. 2-2205; implementing K.S.A. 2009 Supp. 2-2207; effective June 10, 2011.) 4-1-11. (Authorized by K.S.A. 2-2205; implementing K.S.A. 2-2202; effective Jan. 1, 1966; amended May 1, 1982; revoked June 10, 2011.) 4-1-13. Enforcement; product sampling. Collection of samples of products for analysis shall be performed by the secretary or designee. A sample may be taken as either an unopened original package or a portion from the unopened original package. (Authorized by K.S.A. 2009 Supp. 2-2205; implementing K.S.A. 2009 Supp. 2-2206, as amended by L. 2010, ch. 17, 10; effective Jan. 1, 1966; amended May 1, 1982; amended June 10, 2011.)
4-1-14. Experimental use. (a) A product, including a plant or seed modified genetically to include a plantincorporated protectant, may be distributed for experimental use without registration under K.S.A. 2-2204, and amendments thereto, if either of the following conditions is met: (1) A permit for the product has been obtained from the secretary or designee. (2) The experimental use of the product is limited to one of the following: (A) Laboratory or greenhouse tests; or (B) a small-scale test conducted on a cumulative total of no more than one acre of land per pest. (b) An experimental use permit may be issued if the secretary or designee determines that the applicant needs the permit to accumulate information necessary to register a pesticide under K.S.A. 2-2204, and amendments thereto. Issuance of an experimental use permit may be denied by the secretary or designee if it is determined that the proposed use of the pesticide could cause unreasonable adverse effects on the environment. Terms, conditions, and a limited time period of the experimental use permit may be prescribed by the secretary or designee. (c) Each application for experimental use shall include the following: (1) The name and address of the applicant; (2) the purpose or objectives of the experimental use and the experimental protocols to be followed; (3) the name, address, and telephone number of all participants in the experimental use in Kansas; (4) the amount of the product, including a plant or seed modified genetically to include a plant-incorporated protectant, to be shipped into or used in Kansas; (5) the applicants signature; (6) documentation of EPA approval; (7) a copy of the experimental use product labeling approved by EPA; and (8) any other relevant information requested by the secretary or designee. If the secretary requires additional information in support of the application and the applicant believes that the requirement for additional data is unreasonable, the applicant may request a conference with the secretary or designee to discuss the requirement and consider alternatives. Each request for a conference shall be made no later than 20 days after the date the request for additional data is sent to the applicant. (d) After the permit is issued, the permittee shall meet the following requirements: (1) Coordinate the dates and locations of the proposed use of the product with the secretary or designee; and (2) notify the secretary or designee of any adverse effects resulting from the experimental use within 24 hours of discovery. (e) An experimental use permit may be modified, revoked, suspended, or modified by the secretary or designee at any time if either of the following conditions is met: (1) The secretary or designee finds that the terms or conditions of the permit are being violated. (2) The secretary or designee, after taking into account the economic, social, and environmental costs and bene(continued)
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fits of the use of the product under the existing permit, determines the risk to the environment to be unacceptable. (f) At the conclusion of the experimental use, the permittee shall submit a final report to the secretary or designee summarizing the results. (Authorized by K.S.A. 2009 Supp. 2-2205; implementing K.S.A. 2009 Supp. 22207; effective Jan. 1, 1966; amended May 1, 1982; amended June 10, 2011.) 4-1-17. Registration fee. The annual registration fee for each registered product shall be $150.00. (Authorized by K.S.A. 2009 Supp. 2-2204 and K.S.A. 2009 Supp. 22205; implementing K.S.A. 2009 Supp. 2-2204; effective, T-83-35, Nov. 10, 1982; effective May 1, 1983; amended, T-88-46, Nov. 10, 1987; amended May 1, 1988; amended, T-4-6-22-89, June 22, 1989; amended Aug. 14, 1989; amended, T-4-6-27-02, July 1, 2002; amended Oct. 25, 2002; amended June 10, 2011.) Dale A. Rodman Secretary of Agriculture
Doc. No. 039433
State of Kansas
Secretary of State
SENATE BILL No. 10

AN ACT concerning taxation; relating to sales taxation, countywide retailers sales tax, periods of limitation for certain refunds and credits; property taxation, delinquent or underpaid taxes and overpayment of taxes, clerical errors, rate of interest; amending K.S.A. 79-2968 and K.S.A. 2010 Supp. 12-187, 12-189, 12-192, 791701a and 79-3609 and repealing the existing sections. Be it enacted by the Legislature of the State of Kansas: Section 1. K.S.A. 2010 Supp. 12-187 is hereby amended to read as follows: 12-187. (a) No city shall impose a retailers sales tax under the provisions of this act without the governing body of such city having first submitted such proposition to and having received the approval of a majority of the electors of the city voting thereon at an election called and held therefor. The governing body of any city may submit the question of imposing a retailers sales tax and the governing body shall be required to submit the question upon submission of a petition signed by electors of such city equal in number to not less than 10% of the electors of such city. (b) (1) The board of county commissioners of any county may submit the question of imposing a countywide retailers sales tax to the electors at an election called and held thereon, and any such board shall be required to submit the question upon submission of a petition signed by electors of such county equal in number to not less than 10% of the electors of such county who voted at the last preceding general election for the office of secretary of state, or upon receiving resolutions requesting such an election passed by not less than 23 of the membership of the governing body of each of one or more cities within such county which contains a popu Kansas Secretary of State 2011
lation of not less than 25% of the entire population of the county, or upon receiving resolutions requesting such an election passed by 23 of the membership of the governing body of each of one or more taxing subdivisions within such county which levy not less than 25% of the property taxes levied by all taxing subdivisions within the county. (2) The board of county commissioners of Anderson, Atchison, Barton, Brown, Butler, Chase, Cowley, Cherokee, Crawford, Ford, Franklin, Jefferson, Linn, Lyon, Marion, Miami, Montgomery, Neosho, Osage, Ottawa, Reno, Riley, Saline, Seward, Sumner, Wabaunsee, Wilson and Wyandotte counties may submit the question of imposing a countywide retailers sales tax and pledging the revenue received therefrom for the purpose of financing the construction or remodeling of a courthouse, jail, law enforcement center facility or other county administrative facility, to the electors at an election called and held thereon. The tax imposed pursuant to this paragraph shall expire when sales tax sufficient to pay all of the costs incurred in the financing of such facility has been collected by retailers as determined by the secretary of revenue. Nothing in this paragraph shall be construed to allow the rate of tax imposed by Butler, Chase, Cowley, Lyon, Montgomery, Neosho, Riley, Sumner or Wilson county pursuant to this paragraph to exceed or be imposed at any rate other than the rates prescribed in K.S.A. 12189, and amendments thereto. (3) (A) Except as otherwise provided in this paragraph, the result of the election held on November 8, 1988, on the question submitted by the board of county commissioners of Jackson county for the purpose of increasing its countywide retailers sales tax by 1% is hereby declared valid, and the revenue received therefrom by the county shall be expended solely for the purpose of financing the Banner Creek reservoir project. The tax imposed pursuant to this paragraph shall take effect on the effective date of this act and shall expire not later than five years after such date. (B) The result of the election held on November 8, 1994, on the question submitted by the board of county commissioners of Ottawa county for the purpose of increasing its countywide retailers sales tax by 1% is hereby declared valid, and the revenue received therefrom by the county shall be expended solely for the purpose of financing the erection, construction and furnishing of a law enforcement center and jail facility. (C) Except as otherwise provided in this paragraph, the result of the election held on November 2, 2004, on the question submitted by the board of county commissioners of Sedgwick county for the purpose of increasing its countywide retailers sales tax by 1% is hereby declared valid, and the revenue received therefrom by the county shall be used only to pay the costs of: (i) Acquisition of a site and constructing and equipping thereon a new regional events center, associated parking and infrastructure improvements and related appurtenances thereto, to be located in the downtown area of the city of Wichita, Kansas, (the downtown arena); (ii) design for the Kansas coliseum complex and construction of improvements to the pavilions; and (iii) establishing an operating and maintenance reserve for the downtown arena and the Kansas coliseum complex. The tax imposed pursuant to this paragraph shall commence on July 1, 2005, and shall terminate not later than 30 months after the commencement thereof. (D) Except as otherwise provided in this paragraph, the result of the election held on August 5, 2008, on the question submitted by the board of county commissioners of Lyon county for the purpose of increasing its countywide retailers sales tax by 1% is hereby declared valid, and the revenue received therefrom by the county shall be expended for the purposes of ad valorem tax reduction and capital outlay. The tax imposed pursuant to this paragraph shall terminate not later than five years after the commencement thereof. (E) Except as otherwise provided in this paragraph, the result of the election held on August 5, 2008, on the question submitted by the board of county commissioners of Rawlins county for the purpose of increasing its countywide retailers sales tax by .75% is hereby declared valid, and the revenue received therefrom by the county shall be expended for the purposes of financing the costs of a swimming pool. The tax imposed pursuant to this paragraph shall terminate not later than 15 years after the commencement thereof or upon payment of all costs authorized pursuant to this paragraph in the financing of such project.
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(F) The result of the election held on December 1, 2009, on the question submitted by the board of county commissioners of Chautauqua county for the purpose of increasing its countywide retailers sales tax by 1% is hereby declared valid, and the revenue received from such tax by the county shall be expended for the purposes of financing the costs of constructing, furnishing and equipping a county jail and law enforcement center and necessary improvements appurtenant to such jail and law enforcement center. Any tax imposed pursuant to authority granted in this paragraph shall terminate upon payment of all costs authorized pursuant to this paragraph incurred in the financing of the project described in this paragraph. (4) The board of county commissioners of Finney and Ford counties may submit the question of imposing a countywide retailers sales tax at the rate of .25% and pledging the revenue received therefrom for the purpose of financing all or any portion of the cost to be paid by Finney or Ford county for construction of highway projects identified as system enhancements under the provisions of paragraph (5) of subsection (b) of K.S.A. 68-2314, and amendments thereto, to the electors at an election called and held thereon. Such election shall be called and held in the manner provided by the general bond law. The tax imposed pursuant to this paragraph shall expire upon the payment of all costs authorized pursuant to this paragraph in the financing of such highway projects. Nothing in this paragraph shall be construed to allow the rate of tax imposed by Finney or Ford county pursuant to this paragraph to exceed the maximum rate prescribed in K.S.A. 12-189, and amendments thereto. If any funds remain upon the payment of all costs authorized pursuant to this paragraph in the financing of such highway projects in Finney county, the state treasurer shall remit such funds to the treasurer of Finney county and upon receipt of such moneys shall be deposited to the credit of the county road and bridge fund. If any funds remain upon the payment of all costs authorized pursuant to this paragraph in the financing of such highway projects in Ford county, the state treasurer shall remit such funds to the treasurer of Ford county and upon receipt of such moneys shall be deposited to the credit of the county road and bridge fund. (5) The board of county commissioners of any county may submit the question of imposing a retailers sales tax at the rate of .25%, .5%, .75% or 1% and pledging the revenue received therefrom for the purpose of financing the provision of health care services, as enumerated in the question, to the electors at an election called and held thereon. Whenever any county imposes a tax pursuant to this paragraph, any tax imposed pursuant to paragraph (2) of subsection (a) by any city located in such county shall expire upon the effective date of the imposition of the countywide tax, and thereafter the state treasurer shall remit to each such city that portion of the countywide tax revenue collected by retailers within such city as certified by the director of taxation. The tax imposed pursuant to this paragraph shall be deemed to be in addition to the rate limitations prescribed in K.S.A. 12-189, and amendments thereto. As used in this paragraph, health care services shall include but not be limited to the following: Local health departments, city or county hospitals, city or county nursing homes, preventive health care services including immunizations, prenatal care and the postponement of entry into nursing homes by home care services, mental health services, indigent health care, physician or health care worker recruitment, health education, emergency medical services, rural health clinics, integration of health care services, home health services and rural health networks. (6) The board of county commissioners of Allen county may submit the question of imposing a countywide retailers sales tax at the rate of .5% and pledging the revenue received therefrom for the purpose of financing the costs of operation and construction of a solid waste disposal area or the modification of an existing landfill to comply with federal regulations to the electors at an election called and held thereon. The tax imposed pursuant to this paragraph shall expire upon the payment of all costs incurred in the financing of the project undertaken. Nothing in this paragraph shall be construed to allow the rate of tax imposed by Allen county pursuant to this paragraph to exceed or be imposed at any rate other than the rates prescribed in K.S.A. 12-189 and amendments thereto. (7) The board of county commissioners of Clay, Dickinson and Miami county may submit the question of imposing a countywide
retailers sales tax at the rate of .50% in the case of Clay and Dickinson county and at a rate of up to 1% in the case of Miami county, and pledging the revenue received therefrom for the purpose of financing the costs of roadway construction and improvement to the electors at an election called and held thereon. Except as otherwise provided, the tax imposed pursuant to this paragraph shall expire after five years from the date such tax is first collected. The result of the election held on November 2, 2004, on the question submitted by the board of county commissioners of Miami county for the purpose of extending for an additional five-year period the countywide retailers sales tax imposed pursuant to this subsection in Miami county is hereby declared valid. The countywide retailers sales tax imposed pursuant to this subsection in Clay and Miami county may be extended or reenacted for additional five-year periods upon the board of county commissioners of Clay and Miami county submitting such question to the electors at an election called and held thereon for each additional five-year period as provided by law. (8) The board of county commissioners of Sherman county may submit the question of imposing a countywide retailers sales tax at the rate of 1% and pledging the revenue received therefrom for the purpose of financing the costs of street and roadway improvements to the electors at an election called and held thereon. The tax imposed pursuant to this paragraph shall expire upon payment of all costs authorized pursuant to this paragraph in the financing of such project. (9) The board of county commissioners of Cowley, Crawford, Russell and Woodson county may submit the question of imposing a countywide retailers sales tax at the rate of .5% in the case of Crawford, Russell and Woodson county and at a rate of up to .25%, in the case of Cowley county and pledging the revenue received therefrom for the purpose of financing economic development initiatives or public infrastructure projects. The tax imposed pursuant to this paragraph shall expire after five years from the date such tax is first collected. (10) The board of county commissioners of Franklin county may submit the question of imposing a countywide retailers sales tax at the rate of .25% and pledging the revenue received therefrom for the purpose of financing recreational facilities. The tax imposed pursuant to this paragraph shall expire upon payment of all costs authorized in financing such facilities. (11) The board of county commissioners of Douglas county may submit the question of imposing a countywide retailers sales tax at the rate of .25% and pledging the revenue received therefrom for the purposes of preservation conservation, access and management of open space, and for industrial and business park related economic development; preservation of cultural heritage; and economic development projects and activities. (12) The board of county commissioners of Shawnee county may submit the question of imposing a countywide retailers sales tax at the rate of .25% and pledging the revenue received therefrom to the city of Topeka for the purpose of financing the costs of rebuilding the Topeka boulevard bridge and other public infrastructure improvements associated with such project to the electors at an election called and held thereon. The tax imposed pursuant to this paragraph shall expire upon payment of all costs authorized in financing such project. (13) The board of county commissioners of Jackson county may submit the question of imposing a countywide retailers sales tax at a rate of .4% and pledging the revenue received therefrom as follows: 50% of such revenues for the purpose of financing for economic development initiatives; and 50% of such revenues for the purpose of financing public infrastructure projects to the electors at an election called and held thereon. The tax imposed pursuant to this paragraph shall expire after seven years from the date such tax is first collected. The board of county commissioners of Jackson county may submit the question of imposing a countywide retailers sales tax at a rate of .4% which such tax shall take effect after the expiration of the tax imposed pursuant to this paragraph prior to the effective date of this act, and pledging the revenue received therefrom for the purpose of financing public infrastructure projects to the electors at an election called and held thereon. Such tax shall expire after seven years from the date such tax is first collected. (14) The board of county commissioners of Neosho county may submit the question of imposing a countywide retailers sales tax
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at the rate of .5% and pledging the revenue received therefrom for the purpose of financing the costs of roadway construction and improvement to the electors at an election called and held thereon. The tax imposed pursuant to this paragraph shall expire upon payment of all costs authorized pursuant to this paragraph in the financing of such project. (15) The board of county commissioners of Saline county may submit the question of imposing a countywide retailers sales tax at the rate of up to .5% and pledging the revenue received therefrom for the purpose of financing the costs of construction and operation of an expo center to the electors at an election called and held thereon. The tax imposed pursuant to this paragraph shall expire after five years from the date such tax is first collected. (16) The board of county commissioners of Harvey county may submit the question of imposing a countywide retailers sales tax at the rate of 1.0% and pledging the revenue received therefrom for the purpose of financing the costs of property tax relief, economic development initiatives and public infrastructure improvements to the electors at an election called and held thereon. (17) The board of county commissioners of Atchison county may submit the question of imposing a countywide retailers sales tax at the rate of .25% and pledging the revenue received therefrom for the purpose of financing the costs of construction and maintenance of sports and recreational facilities to the electors at an election called and held thereon. The tax imposed pursuant to this paragraph shall expire upon payment of all costs authorized in financing such facilities. (18) The board of county commissioners of Wabaunsee county may submit the question of imposing a countywide retailers sales tax at the rate of .5% and pledging the revenue received therefrom for the purpose of financing the costs of bridge and roadway construction and improvement to the electors at an election called and held thereon. The tax imposed pursuant to this paragraph shall expire after 15 years from the date such tax is first collected. (19) The board of county commissioners of Jefferson county may submit the question of imposing a countywide retailers sales tax at the rate of 1% and pledging the revenue received therefrom for the purpose of financing the costs of roadway construction and improvement to the electors at an election called and held thereon. The tax imposed pursuant to this paragraph shall expire after six years from the date such tax is first collected. The countywide retailers sales tax imposed pursuant to this paragraph may be extended or reenacted for additional six-year periods upon the board of county commissioners of Jefferson county submitting such question to the electors at an election called and held thereon for each additional six-year period as provided by law. (20) The board of county commissioners of Riley county may submit the question of imposing a countywide retailers sales tax at the rate of up to 1% and pledging the revenue received therefrom for the purpose of financing the costs of bridge and roadway construction and improvement to the electors at an election called and held thereon. The tax imposed pursuant to this paragraph shall expire after five years from the date such tax is first collected. (21) The board of county commissioners of Johnson county may submit the question of imposing a countywide retailers sales tax at the rate of .25% and pledging the revenue received therefrom for the purpose of financing the construction and operation costs of public safety projects, including, but not limited to, a jail, detention center, sheriffs resource center, crime lab or other county administrative or operational facility dedicated to public safety, to the electors at an election called and held thereon. The tax imposed pursuant to this paragraph shall expire after 10 years from the date such tax is first collected. The countywide retailers sales tax imposed pursuant to this subsection may be extended or reenacted for additional periods not exceeding 10 years upon the board of county commissioners of Johnson county submitting such question to the electors at an election called and held thereon for each additional ten-year period as provided by law. (22) The board of county commissioners of Wilson county may submit the question of imposing a countywide retailers sales tax at the rate of up to 1% and pledging the revenue received therefrom for the purpose of financing the costs of roadway construction and improvements to federal highways, the development of a new industrial park and other public infrastructure improvements to the electors at an election called and held thereon. The tax imposed
pursuant to this paragraph shall expire upon payment of all costs authorized pursuant to this paragraph in the financing of such project or projects. (23) The board of county commissioners of Butler county may submit the question of imposing a countywide retailers sales tax at the rate of either .25%, .5%, .75% or 1% and pledging the revenue received therefrom for the purpose of financing the costs of public safety capital projects or bridge and roadway construction projects, or both, to the electors at an election called and held thereon. The tax imposed pursuant to this paragraph shall expire upon payment of all costs authorized in financing such projects. (24) The board of county commissioners of Barton county may submit the question of imposing a countywide retailers sales tax at the rate of up to .5% and pledging the revenue received therefrom for the purpose of financing the costs of roadway and bridge construction and improvement and infrastructure development and improvement to the electors at an election called and held thereon. The tax imposed pursuant to this paragraph shall expire after 10 years from the date such tax is first collected. (25) The board of county commissioners of Jefferson county may submit the question of imposing a countywide retailers sales tax at the rate of .25% and pledging the revenue received therefrom for the purpose of financing the costs of the countys obligation as participating employer to make employer contributions and other required contributions to the Kansas public employees retirement system for eligible employees of the county who are members of the Kansas police and firemens retirement system, to the electors at an election called and held thereon. The tax imposed pursuant to this paragraph shall expire upon payment of all costs authorized in financing such purpose. (26) The board of county commissioners of Pottawatomie county may submit the question of imposing a countywide retailers sales tax at the rate of up to .5% and pledging the revenue received therefrom for the purpose of financing the costs of construction or remodeling of a courthouse, jail, law enforcement center facility or other county administrative facility, or public infrastructure improvements, or both, to the electors at an election called and held thereon. The tax imposed pursuant to this paragraph shall expire upon payment of all costs authorized in financing such project or projects. (27) The board of county commissioners of Kingman county may submit the question of imposing a countywide retailers sales tax at the rate of .25%, .5%, .75% or 1% and pledging the revenue received therefrom for the purpose of financing the costs of constructing and furnishing a law enforcement center and jail facility and the costs of roadway and bridge improvements to the electors at an election called and held thereon. The tax imposed pursuant to this paragraph shall expire not later than 20 years from the date such tax is first collected. (28) The board of county commissioners of Edwards county may submit the question of imposing a countywide retailers sales tax at the rate of .375% and pledging the revenue therefrom for the purpose of financing the costs of economic development initiatives to the electors at an election called and held thereon. (c) The boards of county commissioners of any two or more contiguous counties, upon adoption of a joint resolution by such boards, may submit the question of imposing a retailers sales tax within such counties to the electors of such counties at an election called and held thereon and such boards of any two or more contiguous counties shall be required to submit such question upon submission of a petition in each of such counties, signed by a number of electors of each of such counties where submitted equal in number to not less than 10% of the electors of each of such counties who voted at the last preceding general election for the office of secretary of state, or upon receiving resolutions requesting such an election passed by not less than 23 of the membership of the governing body of each of one or more cities within each of such counties which contains a population of not less than 25% of the entire population of each of such counties, or upon receiving resolutions requesting such an election passed by 23 of the membership of the governing body of each of one or more taxing subdivisions within each of such counties which levy not less than 25% of the property taxes levied by all taxing subdivisions within each of such counties. (d) Any city retailers sales tax being levied by a city prior to July 1, 2006, shall continue in effect until repealed in the manner
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provided herein for the adoption and approval of such tax or until repealed by the adoption of an ordinance for such repeal. Any countywide retailers sales tax in the amount of .5% or 1% in effect on July 1, 1990, shall continue in effect until repealed in the manner provided herein for the adoption and approval of such tax. (e) Any city or county proposing to adopt a retailers sales tax shall give notice of its intention to submit such proposition for approval by the electors in the manner required by K.S.A. 10-120, and amendments thereto. The notices shall state the time of the election and the rate and effective date of the proposed tax. If a majority of the electors voting thereon at such election fail to approve the proposition, such proposition may be resubmitted under the conditions and in the manner provided in this act for submission of the proposition. If a majority of the electors voting thereon at such election shall approve the levying of such tax, the governing body of any such city or county shall provide by ordinance or resolution, as the case may be, for the levy of the tax. Any repeal of such tax or any reduction or increase in the rate thereof, within the limits prescribed by K.S.A. 12-189, and amendments thereto, shall be accomplished in the manner provided herein for the adoption and approval of such tax except that the repeal of any such city retailers sales tax may be accomplished by the adoption of an ordinance so providing. (f) The sufficiency of the number of signers of any petition filed under this section shall be determined by the county election officer. Every election held under this act shall be conducted by the county election officer. (g) The governing body of the city or county proposing to levy any retailers sales tax shall specify the purpose or purposes for which the revenue would be used, and a statement generally describing such purpose or purposes shall be included as a part of the ballot proposition. Sec. 2. K.S.A. 2010 Supp. 12-189 is hereby amended to read as follows: 12-189. The rate of any city retailers sales tax shall be fixed in increments of .05% and in an amount not to exceed 2% for general purposes and not to exceed 1% for special purposes which shall be determined by the governing body of the city. For any retailers sales tax imposed by a city for special purposes, such city shall specify the purposes for which such tax is imposed. All such special purpose retailers sales taxes imposed by a city shall expire after 10 years from the date such tax is first collected. The rate of any countywide retailers sales tax shall be fixed in an amount not to exceed 1% and shall be fixed in increments of .25%, and which amount shall be determined by the board of county commissioners, except that: (a) The board of county commissioners of Wabaunsee county, for the purposes of paragraph (2) of subsection (b) of K.S.A. 12187, and amendments thereto, may fix such rate at 1.25%; the board of county commissioners of Osage or Reno county, for the purposes of paragraph (2) of subsection (b) of K.S.A. 12-187, and amendments thereto, may fix such rate at 1.25% or 1.5%; the board of county commissioners of Cherokee, Crawford, Ford, Saline, Seward or Wyandotte county, for the purposes of paragraph (2) of subsection (b) of K.S.A. 12-187, and amendments thereto, may fix such rate at 1.5%, the board of county commissioners of Atchison county, for the purposes of paragraph (2) of subsection (b) of K.S.A. 12-187, and amendments thereto, may fix such rate at 1.5% or 1.75%; the board of county commissioners of Anderson, Barton, Jefferson or Ottawa county, for the purposes of paragraph (2) of subsection (b) of K.S.A. 12-187, and amendments thereto, may fix such rate at 2%; the board of county commissioners of Marion county, for the purposes of paragraph (2) of subsection (b) of K.S.A. 12-187, and amendments thereto, may fix such rate at 2.5%; the board of county commissioners of Franklin, Linn and Miami counties, for the purposes of paragraph (2) of subsection (b) of K.S.A. 12-187, and amendments thereto, may fix such rate at a percentage which is equal to the sum of the rate allowed to be imposed by the respective board of county commissioners on July 1, 2007, plus up to 1.0%; and the board of county commissioners of Brown county, for the purposes of paragraph (2) of subsection (b) of K.S.A. 12187, and amendments thereto, may fix such rate at up to 2%; (b) the board of county commissioners of Jackson county, for the purposes of paragraph (3) of subsection (b) of K.S.A. 12-187, and amendments thereto, may fix such rate at 2%;
(c) the boards of county commissioners of Finney and Ford counties, for the purposes of paragraph (4) of subsection (b) of K.S.A. 12-187, and amendments thereto, may fix such rate at .25%; (d) the board of county commissioners of any county for the purposes of paragraph (5) of subsection (b) of K.S.A. 12-187, and amendments thereto, may fix such rate at a percentage which is equal to the sum of the rate allowed to be imposed by a board of county commissioners on the effective date of this act plus .25%, .5%, .75% or 1%, as the case requires; (e) the board of county commissioners of Dickinson county, for the purposes of paragraph (7) of subsection (b) of K.S.A. 12-187, and amendments thereto, may fix such rate at 1.5%, and the board of county commissioners of Miami county, for the purposes of paragraph (7) of subsection (b) of K.S.A. 12-187, and amendments thereto, may fix such rate at 1.25%, 1.5%, 1.75% or 2%; (f) the board of county commissioners of Sherman county, for the purposes of paragraph (8) of subsection (b) of K.S.A. 12-187, and amendments thereto, may fix such rate at 2.25%; (g) the board of county commissioners of Crawford or Russell county for the purposes of paragraph (9) of subsection (b) of K.S.A. 12-187, and amendments thereto, may fix such rate at 1.5%; (h) the board of county commissioners of Franklin county, for the purposes of paragraph (10) of subsection (b) of K.S.A. 12-187, and amendments thereto, may fix such rate at 1.75%; (i) the board of county commissioners of Douglas county, for the purposes of paragraph (11) of subsection (b) of K.S.A. 12-187, and amendments thereto, may fix such rate at 1.25%; (j) the board of county commissioners of Jackson county, for the purposes of subsection (b)(13) of K.S.A. 12-187 and amendments thereto, may fix such rate at 1.4%; (k) the board of county commissioners of Sedgwick county, for the purposes of paragraph (3)(C) of subsection (b) of K.S.A. 12-187, and amendments thereto, may fix such rate at 2%; (l) the board of county commissioners of Neosho county, for the purposes of paragraph (14) of subsection (b) of K.S.A. 12-187, and amendments thereto, may fix such rate at 1.0% or 1.5%; (m) the board of county commissioners of Saline county, for the purposes of subsection paragraph (15) of subsection (b) of K.S.A. 12-187, and amendments thereto, may fix such rate at up to 1.5%; (n) the board of county commissioners of Harvey county, for the purposes of paragraph (16) of subsection (b) of K.S.A. 12-187, and amendments thereto, may fix such rate at 2.0%; (o) the board of county commissioners of Atchison county, for the purpose of paragraph (17) of subsection (b) of K.S.A. 12-187, and amendments thereto, may fix such rate at a percentage which is equal to the sum of the rate allowed to be imposed by the board of county commissioners of Atchison county on the effective date of this act plus .25%; (p) the board of county commissioners of Wabaunsee county, for the purpose of paragraph (18) of subsection (b) of K.S.A. 12187, and amendments thereto, may fix such rate at a percentage which is equal to the sum of the rate allowed to be imposed by the board of county commissioners of Wabaunsee county on July 1, 2007, plus .5%; (q) the board of county commissioners of Jefferson county, for the purpose of paragraphs (19) and (25) of subsection (b) of K.S.A. 12-187, and amendments thereto, may fix such rate at 2.25%; (r) the board of county commissioners of Riley county, for the purpose of paragraph (20) of subsection (b) of K.S.A. 12-187, and amendments thereto, may fix such rate at a percentage which is equal to the sum of the rate allowed to be imposed by the board of county commissioners of Riley county on July 1, 2007, plus up to 1%; (s) the board of county commissioners of Johnson county for the purposes of paragraph (21) of subsection (b) of K.S.A. 12-187, and amendments thereto, may fix such rate at a percentage which is equal to the sum of the rate allowed to be imposed by the board of county commissioners of Johnson county on July 1, 2007, plus .25%; (t) the board of county commissioners of Wilson county for the purposes of paragraph (22) of subsection (b) of K.S.A. 12-187, and amendments thereto, may fix such rate at up to 2%; (u) the board of county commissioners of Butler county for the purposes of paragraph (23) of subsection (b) of K.S.A. 12-187, and
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amendments thereto, may fix such rate at a percentage which is equal to the sum of the rate otherwise allowed pursuant to this section, plus .25%, .5%, .75% or 1%; (v) the board of county commissioners of Barton county, for the purposes of paragraph (24) of subsection (b) of K.S.A. 12-187, and amendments thereto, may fix such rate at up to 1.5%; (w) the board of county commissioners of Lyon county, for the purposes of paragraph (3)(D) of subsection (b) of K.S.A. 12-187, and amendments thereto, may fix such rate at 1.5%; (x) the board of county commissioners of Rawlins county, for the purposes of paragraph (3)(E) of subsection (b) of K.S.A. 12-187, and amendments thereto, may fix such rate at 1.75%; (y) the board of county commissioners of Chautauqua county, for the purposes of paragraph (3)(F) of subsection (b) of K.S.A. 12187, and amendments thereto, may fix such rate at 2.0%; (z) the board of county commissioners of Pottawatomie county, for the purposes of subsection paragraph (26) of subsection (b) of K.S.A. 12-187, and amendments thereto, may fix such rate at up to 1.5%; and (aa) the board of county commissioners of Kingman county, for the purposes of paragraph (27) of subsection (b) of K.S.A. 12187, and amendments thereto, may fix such rate at a percentage which is equal to the sum of the rate otherwise allowed pursuant to this section, plus .25%, .5%, .75%, or 1%; and (bb) the board of county commissioners of Edwards county, for the purposes of paragraph (28) of subsection (b) of K.S.A. 12-187, and amendments thereto, may fix such rate at 1.375%. Any county or city levying a retailers sales tax is hereby prohibited from administering or collecting such tax locally, but shall utilize the services of the state department of revenue to administer, enforce and collect such tax. Except as otherwise specifically provided in K.S.A. 12-189a, and amendments thereto, such tax shall be identical in its application, and exemptions therefrom, to the Kansas retailers sales tax act and all laws and administrative rules and regulations of the state department of revenue relating to the Kansas retailers sales tax shall apply to such local sales tax insofar as such laws and rules and regulations may be made applicable. The state director of taxation is hereby authorized to administer, enforce and collect such local sales taxes and to adopt such rules and regulations as may be necessary for the efficient and effective administration and enforcement thereof. Upon receipt of a certified copy of an ordinance or resolution authorizing the levy of a local retailers sales tax, the director of taxation shall cause such taxes to be collected within or without the boundaries of such taxing subdivision at the same time and in the same manner provided for the collection of the state retailers sales tax. Such copy shall be submitted to the director of taxation within 30 days after adoption of any such ordinance or resolution. All moneys collected by the director of taxation under the provisions of this section shall be credited to a county and city retailers sales tax fund which fund is hereby established in the state treasury, except that all moneys collected by the director of taxation pursuant to the authority granted in paragraph (22) of subsection (b) of K.S.A. 12-187, and amendments thereto, shall be credited to the Wilson county capital improvements fund. Any refund due on any county or city retailers sales tax collected pursuant to this act shall be paid out of the sales tax refund fund and reimbursed by the director of taxation from collections of local retailers sales tax revenue. Except for local retailers sales tax revenue required to be deposited in the redevelopment bond fund established under K.S.A. 74-8927, and amendments thereto, all local retailers sales tax revenue collected within any county or city pursuant to this act shall be apportioned and remitted at least quarterly by the state treasurer, on instruction from the director of taxation, to the treasurer of such county or city. Revenue that is received from the imposition of a local retailers sales tax which exceeds the amount of revenue required to pay the costs of a special project for which such revenue was pledged shall be credited to the city or county general fund, as the case requires. The director of taxation shall provide, upon request by a city or county clerk or treasurer or finance officer of any city or county levying a local retailers sales tax, monthly reports identifying each retailer doing business in such city or county or making taxable sales sourced to such city or county, setting forth the tax liability and the amount of such tax remitted by each retailer during the
preceding month and identifying each business location maintained by the retailer and such retailers sales or use tax registration or account number. Such report shall be made available to the clerk or treasurer or finance officer of such city or county within a reasonable time after it has been requested from the director of taxation. The director of taxation shall be allowed to assess a reasonable fee for the issuance of such report. Information received by any city or county pursuant to this section shall be confidential, and it shall be unlawful for any officer or employee of such city or county to divulge any such information in any manner. Any violation of this paragraph by a city or county officer or employee is a class A misdemeanor, and such officer or employee shall be dismissed from office. Reports of violations of this paragraph shall be investigated by the attorney general. The district attorney or county attorney and the attorney general shall have authority to prosecute violations of this paragraph. Sec. 3. K.S.A. 2010 Supp. 12-192 is hereby amended to read as follows: 12-192. (a) Except as otherwise provided by subsection (b), (d) or (h), all revenue received by the director of taxation from a countywide retailers sales tax shall be apportioned among the county and each city located in such county in the following manner: (1) One-half of all revenue received by the director of taxation shall be apportioned among the county and each city located in such county in the proportion that the total tangible property tax levies made in such county in the preceding year for all funds of each such governmental unit bear to the total of all such levies made in the preceding year, and (2) 12 of all revenue received by the director of taxation from such countywide retailers sales tax shall be apportioned among the county and each city located in such county, first to the county that portion of the revenue equal to the proportion that the population of the county residing in the unincorporated area of the county bears to the total population of the county, and second to the cities in the proportion that the population of each city bears to the total population of the county, except that no persons residing within the Fort Riley military reservation shall be included in the determination of the population of any city located within Riley county. All revenue apportioned to a county shall be paid to its county treasurer and shall be credited to the general fund of the county. (b) (1) In lieu of the apportionment formula provided in subsection (a), all revenue received by the director of taxation from a countywide retailers sales tax imposed within Johnson county at the rate of .75%, 1% or 1.25% after July 1, 2007, shall be apportioned among the county and each city located in such county in the following manner: (A) The revenue received from the first .5% rate of tax shall be apportioned in the manner prescribed by subsection (a) and (B) the revenue received from the rate of tax exceeding .5% shall be apportioned as follows: (i) One-fourth shall be apportioned among the county and each city located in such county in the proportion that the total tangible property tax levies made in such county in the preceding year for all funds of each such governmental unit bear to the total of all such levies made in the preceding year and (ii) one-fourth shall be apportioned among the county and each city located in such county, first to the county that portion of the revenue equal to the proportion that the population of the county residing in the unincorporated area of the county bears to the total population of the county, and second to the cities in the proportion that the population of each city bears to the total population of the county and (iii) one-half shall be retained by the county for its sole use and benefit. (2) In lieu of the apportionment formula provided in subsection (a), all money received by the director of taxation from a countywide sales tax imposed within Montgomery county pursuant to the election held on November 8, 1994, shall be remitted to and shall be retained by the county and expended only for the purpose for which the revenue received from the tax was pledged. All revenue apportioned and paid from the imposition of such tax to the treasurer of any city prior to the effective date of this act shall be remitted to the county treasurer and expended only for the purpose for which the revenue received from the tax was pledged. (3) In lieu of the apportionment formula provided in subsection (a), on and after the effective date of this act, all moneys received by the director of taxation from a countywide retailers sales tax imposed within Phillips county pursuant to the election held on September 20, 2005, shall be remitted to and shall be retained
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by the county and expended only for the purpose for which the revenue received from the tax was pledged. (c) (1) Except as otherwise provided by paragraph (2) of this subsection, for purposes of subsections (a) and (b), the term total tangible property tax levies means the aggregate dollar amount of tax revenue derived from ad valorem tax levies applicable to all tangible property located within each such city or county. The ad valorem property tax levy of any county or city district entity or subdivision shall be included within this term if the levy of any such district entity or subdivision is applicable to all tangible property located within each such city or county. (2) For the purposes of subsections (a) and (b), any ad valorem property tax levied on property located in a city in Johnson county for the purpose of providing fire protection service in such city shall be included within the term total tangible property tax levies for such city regardless of its applicability to all tangible property located within each such city. If the tax is levied by a district which extends across city boundaries, for purposes of this computation, the amount of such levy shall be apportioned among each city in which such district extends in the proportion that such tax levied within each city bears to the total tax levied by the district. (d) (1) All revenue received from a countywide retailers sales tax imposed pursuant to paragraphs (2), (3)(C), (3)(F), (6), (7), (8), (9), (12), (14), (15), (16), (17), (18), (19), (20), (22), (23), (25) and, (27) and (28) of subsection (b) of K.S.A. 12-187, and amendments thereto, shall be remitted to and shall be retained by the county and expended only for the purpose for which the revenue received from the tax was pledged. (2) Except as otherwise provided in paragraph (5) of subsection (b) of K.S.A. 12-187, and amendments thereto, all revenues received from a countywide retailers sales tax imposed pursuant to paragraph (5) of subsection (b) of K.S.A. 12-187, and amendments thereto, shall be remitted to and shall be retained by the county and expended only for the purpose for which the revenue received from the tax was pledged. (3) All revenue received from a countywide retailers sales tax imposed pursuant to paragraph (26) of subsection (b) of K.S.A. 12187, and amendments thereto, shall be remitted to and shall be retained by the county and expended only for the purpose for which the revenue received from the tax was pledged unless the question of imposing a countywide retailers sales tax authorized by paragraph (26) of subsection (b) of K.S.A. 12-187, and amendments thereto, includes the apportionment of revenue prescribed in subsection (a). (e) All revenue apportioned to the several cities of the county shall be paid to the respective treasurers thereof and deposited in the general fund of the city. Whenever the territory of any city is located in two or more counties and any one or more of such counties do not levy a countywide retailers sales tax, or whenever such counties do not levy countywide retailers sales taxes at a uniform rate, the revenue received by such city from the proceeds of the countywide retailers sales tax, as an alternative to depositing the same in the general fund, may be used for the purpose of reducing the tax levies of such city upon the taxable tangible property located within the county levying such countywide retailers sales tax. (f) Prior to March 1 of each year, the secretary of revenue shall advise each county treasurer of the revenue collected in such county from the state retailers sales tax for the preceding calendar year. (g) Prior to December 31 of each year, the clerk of every county imposing a countywide retailers sales tax shall provide such information deemed necessary by the secretary of revenue to apportion and remit revenue to the counties and cities pursuant to this section. (h) The provisions of subsections (a) and (b) for the apportionment of countywide retailers sales tax shall not apply to any revenues received pursuant to a county or countywide retailers sales tax levied or collected under K.S.A. 74-8929, and amendments thereto. All such revenue collected under K.S.A. 74-8929, and amendments thereto, shall be deposited into the redevelopment bond fund established by K.S.A. 74-8927, and amendments thereto, for the period of time set forth in K.S.A. 74-8927, and amendments thereto.
Sec. 4. On and after July 1, 2011, K.S.A. 2010 Supp. 79-1701a is hereby amended to read as follows: 79-1701a. Any taxpayer, the county appraiser or the county clerk shall, on their own motion, request the board of county commissioners to order the correction of the clerical errors in the appraisal, assessment or tax rolls as described in K.S.A. 79-1701, and amendments thereto. The board of county commissioners of the several counties are hereby authorized to order the correction of clerical errors, specified in K.S.A. 79-1701, and amendments thereto, in the appraisal, assessment or tax rolls for the current year and the immediately preceding two years during the period on and after November 1 of each year. If a county treasurer has collected and distributed the property taxes of a taxpayer and it shall thereafter be determined that the tax computed and paid was based on an erroneous assessment due to a clerical error which resulted in an overpayment of taxes by the taxpayer, and such error is corrected under the provisions hereof then the county commissioners may direct a refund in the amount of the overpayment plus interest at the rate prescribed by K.S.A. 79-2968, and amendments thereto, plus two percentage points, per annum, from the date of payment from tax moneys collected during the current year and approve a claim therefor. If all or any portion of the taxes on such property remain unpaid, the board of county commissioners shall cancel that portion of such unpaid taxes which were assessed on the basis of the error which is being corrected. In lieu of taking such a refund the taxpayer may, at the taxpayers option, be allowed a credit on the current years taxes in the amount of the overpayment plus interest at the rate prescribed by K.S.A. 79-2968, and amendments thereto, from the date of payment for the previous year. In the event the error results in an understatement of value or taxes as a result of a mathematical miscomputation on the part of the county, the board of county commissioners of the several counties are hereby authorized to correct such error and order an additional assessment or tax bill, or both, to be issued, except that, in no such case shall the taxpayer be assessed interest or penalties on any tax which may be assessed. If such error applies to property which has been sold or otherwise transferred subsequent to the time the error was made, no such additional assessment or tax bill shall be issued. Sec. 5. On and after July 1, 2011, K.S.A. 79-2968 is hereby amended to read as follows: 79-2968. Except as otherwise specifically provided by law, whenever interest is charged under any law of this state upon any delinquent or unpaid taxes levied or imposed by the state of Kansas or any taxing subdivision thereof, or whenever interest is allowed under any law of this state upon any overpayment of taxes levied or imposed by the state of Kansas or any taxing subdivision thereof, the rate thereof shall be: (a) One and one-half percent per month for any period prior to January 1, 1995, 1% per month for the period commencing on January 1, 1995, and ending on December 31, 1997, and 112 of the annual rate prescribed in subsection (b) thereafter, if computed monthly; and (b) eighteen percent per annum for any period prior to January 1, 1995, 12% per annum for the period commencing on January 1, 1995, and ending on December 31, 1997, and for any period thereafter, the underpayment rate per annum prescribed and determined under paragraph (2) of subsection (a) of section 6621, without regard to subsection (c) thereof, of the federal internal revenue code, as in effect on September 1, 1996, and which rate is in effect thereunder on July 1 of the year immediately preceding the calendar year for which the rate is being annually fixed hereunder, plus one percentage point, if computed annually. Beginning on January 1, 2012, the rate for property tax delinquencies or underpayments of $10,000 or more shall be as provided for under this section or 10% per annum, whichever is greater. In the event the interest rate prescribed under this section cannot be determined by reference to section 6621 of the federal internal revenue code, as in effect on September 1, 1996, the rate at which interest shall be collected on underpayments shall be the rate prescribed by K.S.A. 16-204, and amendments thereto, for interest on judgments for the applicable period. Sec. 6. On and after July 1, 2011, K.S.A. 2010 Supp. 79-3609 is hereby amended to read as follows: 79-3609. (a) Every person engaged in the business of selling tangible personal property at retail or furnishing services taxable in this state, shall keep records and books of all such sales, together with invoices, bills of lading, sales
(continued)
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records, copies of bills of sale and other pertinent papers and documents. Such books and records and other papers and documents shall, at all times during business hours of the day, be available for and subject to inspection by the director, or the directors duly authorized agents and employees, for a period of three years from the last day of the calendar year or of the fiscal year of the retailer, whichever comes later, to which the records pertain. Such records shall be preserved during the entire period during which they are subject to inspection by the director, unless the director in writing previously authorizes their disposal. Any person selling tangible personal property or furnishing taxable services shall be prohibited from asserting that any sales are exempt from taxation unless the retailer has in the retailers possession a properly executed exemption certificate provided by the consumer claiming the exemption, except as follows: (1) A retailer is relieved of liability for tax otherwise applicable if the retailer obtains a fully completed exemption certificate or captures the relevant data elements required by the director within 90 days subsequent to the date of the sale; or (2) if the retailer has not obtained an exemption certificate or all relevant data elements, the retailer, within 120 days subsequent to a request for substantiation by the director, either may obtain a fully completed exemption certificate from the purchaser, taken in good faith which meets the requirements specified in this subsection, or obtain other information establishing that the transaction was not subject to tax. Otherwise, the sales shall be deemed to be taxable sales under this act. The seller shall obtain an exemption certificate that claims an exemption that was authorized pursuant to Kansas law on the date of the transaction in the jurisdiction where the transaction is sourced pursuant to law, could be applicable to the item being purchased and is reasonable for the purchasers type of business. If the seller obtains an exemption certificate or other information as described in this subsection, the seller is relieved of any liability for the tax on the transaction unless it is discovered through the audit process that the seller had knowledge or had reason to know at the time such information was provided that the information relating to the exemption claimed was materially false or the seller otherwise knowingly participated in activity intended to purposefully evade the tax that is properly due on the transaction, and it must be established that the seller had knowledge or had reason to know at the time the information was provided that the information was materially false. (b) The amount of tax imposed by this act is to be assessed within three years after the return is filed, and no proceedings in court for the collection of such taxes shall be begun begin after the expiration of such period. In the case of a false or fraudulent return with intent to evade tax, the tax may be assessed or a proceeding in court for collection of such tax may be begun begin at any time, within two years from the discovery of such fraud. No assessment shall be made for any period preceding the date of registration of the retailer by more than three years except in cases of fraud. For any refund or credit claim filed after June 15, 2009 July 1, 2011, no refund or credit shall be allowed by the director after one year three years from the due date of the return for the reporting period as provided by K.S.A. 79-3607, and amendments thereto, unless before the expiration of such period a claim therefor is filed by the taxpayer, and, except as otherwise provided in K.S.A. 2010 Supp. 79-3694, and amendments thereto, no suit or action to recover on any claim for refund shall be commenced, until after the expiration of six months from the date of filing such claim satisfying the requirements specified by K.S.A. 2010 Supp. 79-3693, and amendments thereto, therefor with the director. A refund claim shall not be deemed filed unless such claim is complete as required by K.S.A. 2010 Supp. 79-3693, and amendments thereto. For all mailed returns, including refund claims, each return or refund claim shall be presumed to have been filed with the department on the postmark date of such return or refund claim or if such date is illegible, the date three days prior to the date such return or refund claim is received. (c) Before the expiration of time prescribed in this section for the assessment of additional tax or the filing of a claim for refund, the director is hereby authorized to enter into an agreement in writing with the taxpayer consenting to the extension of the periods of limitations for the assessment of tax or for the filing of a claim for refund, at any time prior to the expiration of the period of limitations. The period so agreed upon may be extended by
subsequent agreements in writing made before the expiration of the period previously agreed upon. In consideration of such agreement or agreements, interest due in excess of 48 months on any additional tax shall be waived. (d) Interest at the rate prescribed by K.S.A. 79-2968, and amendments thereto, shall be allowed on any overpayment of tax computed from the filing date of the return claiming the refund, except that no interest shall be allowed on any such refund if the same is paid within 120 days after the filing date of the return claiming the refund or the date of payment, whichever is later, provided that such return or refund claim satisfies the requirements specified by K.S.A. 2010 Supp. 79-3693, and amendments thereto, at the time the return or refund claim is received. (e) Notwithstanding any other provision of this section or the provisions of the Kansas compensating tax act: (1) (A) Any claim for refund of tax imposed by the Kansas retailers sales tax act or the Kansas compensating tax act based upon the provisions of subsection (kk) of K.S.A. 79-3606 in existence prior to its amendment by this act which is without dispute shall be allowed, but, with respect to any claim exceeding $10,000, the refund associated therewith shall not be paid until after 510 days from the date such claim was filed and shall not include interest from such date. As used in this subparagraph, a claim for refund without dispute shall not include any claim the basis for which is a judicial or quasi-judicial interpretation of such subsection occurring after the effective date of this act. (B) Any refund of tax resulting from a final determination or adjudication with regard to any claim submitted or to be submitted for refund of tax imposed by the Kansas retailers sales tax act or the Kansas compensating tax act based upon the provisions of subsection (kk) of K.S.A. 79-3606 in existence prior to its amendment by this act not described by subparagraph (A) shall, with respect to any refund exceeding $50,000, be paid in equal annual installments over 10 years commencing with the year of such final determination or adjudication. Interest shall not accrue during the time period of such payment. (2) No claim for refund of tax imposed by the Kansas retailers sales tax act or the Kansas compensating tax act based upon the application of the provisions of subsection (n) of K.S.A. 79-3606, and amendments thereto, pursuant to its interpretation by the court of appeals of the state of Kansas in its opinion filed on August 13, 1999, in the case entitled In re appeal of Water District No. 1 of Johnson County shall be allowed for tax paid prior to the effective date of this act. The provisions of this subsection shall not be applicable to water district no. 1 of Johnson county. Sec. 7. K.S.A. 2010 Supp. 12-187, 12-189 and 12-192 are hereby repealed. Sec. 8. On and after July 1, 2011, K.S.A. 79-2968 and K.S.A. 2010 Supp. 79-1701a and 79-3609 are hereby repealed. Sec. 9. This act shall take effect and be in force from and after its publication in the Kansas register.
SENATE SUBSTITUTE for HOUSE BILL No. 2049

AN ACT concerning controlled substances; amending K.S.A. 654107, 65-4109 and 65-4111 and K.S.A. 2010 Supp. 21-36a05, 2136a06, 65-4105 and 65-4113 and repealing the existing sections; also repealing K.S.A. 65-4107, as amended by section 2 of 2011 House Bill No. 2023, 65-4109, as amended by section 3 of 2011 House Bill No. 2023, 65-4111, as amended by section 4 of 2011 House Bill No. 2023 and K.S.A. 2010 Supp. 65-4105, as amended by section 1 of 2011 House Bill No. 2023 and 65-4113, as amended by section 5 of 2011 House Bill No. 2023. Be it enacted by the Legislature of the State of Kansas: Section 1. K.S.A. 2010 Supp. 21-36a05 is hereby amended to read as follows: 21-36a05. (a) It shall be unlawful for any person to cultivate, distribute or possess with the intent to distribute any of the following controlled substances or controlled substance analogs thereof:
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(1) Opiates, opium or narcotic drugs, or any stimulant designated in subsection (d)(1), (d)(3) or (f)(1) of K.S.A. 65-4107, and amendments thereto; (2) any depressant designated in subsection (e) of K.S.A. 654105, subsection (e) of K.S.A. 65-4107, subsection (b) or (c) of K.S.A. 65-4109 or subsection (b) of K.S.A. 65-4111, and amendments thereto; (3) any stimulant designated in subsection (f) of K.S.A. 65-4105, subsection (d)(2), (d)(4) or (f)(2) of K.S.A. 65-4107 or subsection (e) of K.S.A. 65-4109, and amendments thereto; (4) any hallucinogenic drug designated in subsection (d) of K.S.A. 65-4105, subsection (g) of K.S.A. 65-4107 or subsection (g) of K.S.A. 65-4109, and amendments thereto; (5) any substance designated in subsection (g) of K.S.A. 65-4105 and subsection (c), (d), (e), (f) or (g) of K.S.A. 65-4111, and amendments thereto; or (6) any anabolic steroids as defined in subsection (f) of K.S.A. 65-4109, and amendments thereto; or (7) any substance designated in subsection (h) of K.S.A. 65-4105, and amendments thereto. (b) It shall be unlawful for any person to distribute or possess with the intent to distribute a controlled substance or a controlled substance analog designated in K.S.A. 65-4113, and amendments thereto. (c) (1) Violation of subsection (a) is a drug severity level 3 felony, except that: (A) Violation of subsection (a) is a drug severity level 2 felony if the trier of fact makes a finding that the offender is 18 or more years of age and the substance was distributed to or possessed with intent to distribute to a minor or the violation occurs on or within 1,000 feet of any school property; (B) violation of subsection (a)(1) is a drug severity level 2 felony if that person has one prior conviction under subsection (a)(1), under K.S.A. 65-4161 prior to its repeal, or under a substantially similar offense from another jurisdiction; and (C) violation of subsection (a)(1) is a drug severity level 1 felony if that person has two prior convictions under subsection (a)(1), under K.S.A. 65-4161 prior to its repeal, or under a substantially similar offense from another jurisdiction. (2) Violation of subsection (b) is a class A nonperson misdemeanor, except that, violation of subsection (b) is a drug severity level 4 felony if the substance was distributed to or possessed with the intent to distribute to a child under 18 years of age. (d) It shall not be a defense to charges arising under this section that the defendant was acting in an agency relationship on behalf of any other party in a transaction involving a controlled substance. Sec. 2. K.S.A. 2010 Supp. 21-36a06 is hereby amended to read as follows: 21-36a06. (a) It shall be unlawful for any person to possess any opiates, opium or narcotic drugs, or any stimulant designated in subsection (d)(1), (d)(3) or (f)(1) of K.S.A. 65-4107, and amendments thereto, or a controlled substance analog thereof. (b) It shall be unlawful for any person to possess any of the following controlled substances or controlled substance analogs thereof: (1) Any depressant designated in subsection (e) of K.S.A. 654105, subsection (e) of K.S.A. 65-4107, subsection (b) or (c) of K.S.A. 65-4109 or subsection (b) of K.S.A. 65-4111, and amendments thereto; (2) any stimulant designated in subsection (f) of K.S.A. 65-4105, subsection (d)(2), (d)(4) or (f)(2) of K.S.A. 65-4107 or subsection (e) of K.S.A. 65-4109, and amendments thereto; (3) any hallucinogenic drug designated in subsection (d) of K.S.A. 65-4105, subsection (g) of K.S.A. 65-4107 or subsection (g) of K.S.A. 65-4109, and amendments thereto; (4) any substance designated in subsection (g) of K.S.A. 65-4105 and subsection (c), (d), (e), (f) or (g) of K.S.A. 65-4111, and amendments thereto; (5) any anabolic steroids as defined in subsection (f) of K.S.A. 65-4109, and amendments thereto; or (6) any substance designated in K.S.A. 65-4113, and amendments thereto; or (7) any substance designated in subsection (h) of K.S.A. 65-4105, and amendments thereto. (c) (1) Violation of subsection (a) is a drug severity level 4 felony;
(2) violation of subsection (b) is a class A nonperson misdemeanor, except that, violation of subsection (b)(1) through (b)(5) or (b)(7) is a drug severity level 4 felony if that person has a prior conviction under such subsection, under K.S.A. 65-4162 prior to its repeal, under a substantially similar offense from another jurisdiction, or under any city ordinance or county resolution for a substantially similar offense if the substance involved was 3, 4methylenedioxymethamphetamine (MDMA), marijuana or tetrahydro-cannabinol as designated in subsection (d) of K.S.A. 654105, and amendments thereto, or any substance designated in subsection (h) of K.S.A. 65-4105, and amendments thereto. (d) It shall not be a defense to charges arising under this section that the defendant was acting in an agency relationship on behalf of any other party in a transaction involving a controlled substance. Sec. 3. K.S.A. 2010 Supp. 65-4105 is hereby amended to read as follows: 65-4105. (a) The controlled substances listed in this section are included in schedule I and the number set forth opposite each drug or substance is the DEA controlled substances code which has been assigned to it. (b) Any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters and ethers, unless specifically excepted, whenever the existence of these isomers, esters, ethers and salts is possible within the specific chemical designation: (1) Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2phenethyl)-4-piperidinyl]-N-phenylacetamide ........... 9815 (2) Acetylmethadol ................................................. 9601 (3) Allylprodine ..................................................... 9602 (4) Alphacetylmethadol ........................................... 9603 (except levo-alphacetylmethadol also known as levoalpha-acetylmethadol, levomethadyl acetate or LAAM) (5) Alphameprodine ............................................... 9604 (6) Alphamethadol ................................................. 9605 (7) Alpha-methylfentanyl (N-[1-(alpha-methyl-betaphenyl)ethyl-4-piperidyl] propionanilide; 1-(1-methyl2-phenylethyl)-4-(N-propanilido) piperidine) ............ 9814 (8) Alpha-methylthiofentanyl (N-[1-methyl-2-(2thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide) ... 9832 (9) Benzethidine .................................................... 9606 (10) Betacetylmethadol ............................................. 9607 (11) Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-phenethyl)4-piperidinyl]-N-phenylpropanamide ..................... 9830 (12) Beta-hydroxy-3-methylfentanyl (other name: N-[1-(2hydroxy-2-phenethyl)-3-methyl-4-piperidinyl]-Nphenylpropanamide ........................................... 9831 (13) Betameprodine .................................................. 9608 (14) Betamethadol ................................................... 9609 (15) Betaprodine ..................................................... 9611 (16) Clonitazene ...................................................... 9612 (17) Dextromoramide ............................................... 9613 (18) Diampromide ................................................... 9615 (19) Diethylthiambutene ........................................... 9616 (20) Difenoxin ........................................................ 9168 (21) Dimenoxadol .................................................... 9617 (22) Dimepheptanol ................................................. 9618 (23) Dimethylthiambutene ......................................... 9619 (24) Dioxaphetyl butyrate .......................................... 9621 (25) Dipipanone ...................................................... 9622 (26) Ethylmethylthiambutene ..................................... 9623 (27) Etonitazene ...................................................... 9624 (28) Etoxeridine ...................................................... 9625 (29) Furethidine ...................................................... 9626 (30) Hydroxypethidine ............................................. 9627 (31) Ketobemidone .................................................. 9628 (32) Levomoramide .................................................. 9629 (33) Levophenacylmorphan ....................................... 9631 (34) 3-Methylfentanyl (N-[3-methyl-1-(2-phenylethyl)-4piperidyl]-N-phenylpropanamide) ......................... 9813 (35) 3-Methylthiofentanyl (N-[(3-methyl-1-(2-thienyl)ethyl4-piperidinyl]-N-phenylpropanamide) .................... 9833 (36) Morpheridine ................................................... 9632 (37) MPPP (1-methyl-4-phenyl-4-propionoxypiperidine) .... 9661 (38) Noracymethadol ................................................ 9633 (39) Norlevorphanol ................................................. 9634
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9635 9636 9812 9663 9637 9638 9647 9641 9642 9643 9644 9649 9645 9835 9750 9646
New State Laws
(40) Normethadone .................................................. (41) Norpipanone .................................................... (42) Para-fluorofentanyl (N-(4-fluorophenyl)-N-[1-(2phenethyl)-4-piperidinyl]propanamide .................... (43) PEPAP (1-(-2-phenethyl)-4-phenyl-4acetoxypiperidine) ............................................. (44) Phenadoxone .................................................... (45) Phenampromide ................................................ (46) Phenomorphan ................................................. (47) Phenoperidine .................................................. (48) Piritramide ...................................................... (49) Proheptazine .................................................... (50) Properidine ...................................................... (51) Propiram ......................................................... (52) Racemoramide .................................................. (53) Thiofentanyl (N-phenyl-N-[1-(2-thienyl)ethyl-4piperidinyl]-propanamide .................................... (54) Tilidine ........................................................... (55) Trimeperidine ...................................................
(c) Any of the following opium derivatives, their salts, isomers and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers and salts of isomers is possible within the specific chemical designation: (1) Acetorphine ..................................................... 9319 (2) Acetyldihydrocodeine ......................................... 9051 (3) Benzylmorphine ................................................ 9052 (4) Codeine methylbromide ...................................... 9070 (5) Codeine-N-Oxide .............................................. 9053 (6) Cyprenorphine .................................................. 9054 (7) Desomorphine .................................................. 9055 (8) Dihydromorphine .............................................. 9145 (9) Drotebanol ....................................................... 9335 (10) Etorphine (except hydrochloride salt) ..................... 9056 (11) Heroin ............................................................ 9200 (12) Hydromorphinol ............................................... 9301 (13) Methyldesorphine .............................................. 9302 (14) Methyldihydromorphine ..................................... 9304 (15) Morphine methylbromide .................................... 9305 (16) Morphine methylsulfonate ................................... 9306 (17) Morphine-N-Oxide ............................................ 9307 (18) Myrophine ....................................................... 9308 (19) Nicocodeine ..................................................... 9309 (20) Nicomorphine .................................................. 9312 (21) Normorphine ................................................... 9313 (22) Pholcodine ....................................................... 9314 (23) Thebacon ......................................................... 9315 (d) Any material, compound, mixture or preparation which contains any quantity of the following hallucinogenic substances, their salts, isomers and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers and salts of isomers is possible within the specific chemical designation: (1) 4-bromo-2,5-dimethoxy-amphetamine ............... 7391 Some trade or other names: 4-bromo-2,5dimethoxy-alpha-methylphenethylamine; 4-bromo-2,5-DMA. (2) 2,5-dimethoxyamphetamine ........................... 7396 Some trade or other names: 2,5-dimethoxy-alphamethyl-phenethylamine; 2,5-DMA. (3) 4-methoxyamphetamine ................................ 7411 Some trade or other names: 4-methoxyalpha-methylphene-thylamine; paramethoxyamphetamine; PMA. (4) 5-methoxy-3,4-methylenedioxy-amphetamine ..... 7401 (5) 4-methyl-2,5-dimethoxy-amphetamine .............. 7395 Some trade or other names: 4-methyl-2,5dimethoxy-alpha-methylphenethylamine; DOM; and STP. (6) 3,4-methylenedioxy amphetamine .................... 7400 (7) 3,4-methylenedioxymethamphetamine (MDMA) .. 7405 (8) 3,4-methylenedioxy-N-ethylamphetamine (also known as N-ethyl-alpha-methyl-3,4 (methylenedioxy) phenethylamine, N-ethyl MDA, MDE, and MDEA) ....................................... 7404
(9) N-hydroxy-3,4-methylenedioxyamphetamine (also known as N-hydroxy-alpha-methyl3,4(methylenedioxy) phenethylamine, and N-hydroxy MDA) ........................................ (10) 3,4,5-trimethoxy amphetamine ........................ (11) Bufotenine ................................................. Some trade or other names: 3-(Beta-Dimethylaminoethyl)-5-hydroxyindole; 3-(2-dimethylaminoethyl)-5-indolol; N,N-dimethylserotonin; 5-hydroxy-N,N-dimethyltryptamine; mappine. (12) Diethyltryptamine ....................................... Some trade or other names: N,N-Diethyltryptamine; DET. (13) Dimethyltryptamine ..................................... Some trade or other names: DMT. (14) Ibogaine .................................................... Some trade or other names: 7-Ethyl-6,6 Beta,7,8,9,10,12,13-octahydro-2-methoxy-6,9methano-5H-pyrido[1,2:1,2] azepino [5,4-b]indole; Tabernanthe iboga. (15) Lysergic acid diethylamide ............................ (16) Marihuana ................................................. (17) Mescaline .................................................. (18) Parahexyl .................................................. Some trade or other names: 3-Hexyl-l-hydroxy7,8,9,10-tetrahydro-6,6,9-trimethyl-6Hdibenzo[b,d]pyran; Synhexyl. (19) Peyote ...................................................... Meaning all parts of the plant presently classified botanically as Lophophora williamsii Lemaire, whether growing or not, the seeds thereof, any extract from any part of such plant, and every compound, manufacture, salts, derivative, mixture or preparation of such plant, its seeds or extracts. (20) N-ethyl-3-piperidyl benzilate .......................... (21) N-methyl-3-piperidyl benzilate ....................... (22) Psilocybin .................................................. (23) Psilocyn .................................................... (24) Tetrahydrocannabinols .................................. Synthetic equivalents of the substances contained in the plant, or in the resinous extractives of Cannabis, sp. and/or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity such as the following: Delta 1 cis or trans tetrahydrocannabinol, and their optical isomers Delta 6 cis or trans tetrahydrocannabinol, and their optical isomers Delta 3,4 cis or trans tetrahydrocannabinol, and its optical isomers (Since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions covered.) (25) (24) Ethylamine analog of phencyclidine ................. Some trade or other names: N-ethyl-1-phenylcyclo-hexylamine; (1-phenylcyclohexyl) ethylamine; N-(1-phenylcyclohexyl)ethylamine; cyclohexamine; PCE. (26) (25) Pyrrolidine analog of phencyclidine ................. Some trade or other names: 1-(1-phenylcyclohexyl)-pyrrolidine; PCPy; PHP. (27) (26) Thiophene analog of phencyclidine .................. Some trade or other names: 1-[1-(2-thienyl)cyclohexyl]-piperidine; 2-thienylanalog of phencyclidine; TPCP; TCP. (28) (27) 1-[1-(2-thienyl)-cyclohexyl] pyrrolidine .............. Some other names: TCPy. (29) (28) 2,5-dimethoxy-4-ethylamphetamine .................. Some trade or other names: DOET. (30) (29) Salvia divinorum or salvinorum A; all parts of the plant presently classified botanically as salvia divinorum, whether growing or not, the seeds thereof, any extract from any part of such plant, and every compound, manufacture, salts, derivative, mixture or preparation of such plant, its seeds or extracts.
7402 7390 7433
7434 7435 7260
7315 7360 7381 7374
7415
7482 7484 7437 7438 7370
7455
7458 7470
7473 7399
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(31) (30) Datura stramonium, commonly known as gypsum weed or jimson weed; all parts of the plant presently classified botanically as datura stramonium, whether growing or not, the seeds thereof, any extract from any part of such plant, and every compound, manufacture, salts, derivative, mixture or preparation of such plant, its seeds or extracts. (32) (6aR,10aR)-9-(hydroxymethyl)-6, 6-dimethyl3-(2-methyloctan-2-yl)-6a,7,10,10aetrahydrobenzocchromen-1-ol ......................... 7370 Some trade or other names: HU-210. (33) 1-Pentyl-3-(1-naphthoyl)indole Some trade or other names: JWH-018. (34) 1-Butyl-3-(1-naphthoyl)indole Some trade or other names: JWH-073. (35) (31) N-benzylpiperazine ...................................... 7493 Some trade or other names: BZP. (36) (32) 1-(3-[trifluoromethylphenyl])piperazine Some trade or other names: TFMPP. (33) 4-Bromo-2,5-dimethoxyphenetylamine ................... 7392 (34) 2,5-dimethoxy-4-(n)-propylthiopenenthylamine (2C-7), its optical isomers, salts and salts of optical isomers ... 7348 (35) Alpha-methyltryptamine (other name: AMT) ........... 7432 (36) 5-methoxy-N, N-diisopropyltryptamine (5-MeO-DIPT), its isomers, salts and salts of isomers 7439 (e) Any material, compound, mixture or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation: (1) Mecloqualone .................................................... 2572 (2) Methaqualone .................................................... 2565 (3) Gamma hydroxybutyric acid (f) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers and salts of isomers: (1) Fenethylline ...................................................... 1503 (2) N-ethylamphetamine ........................................... 1475 (3) (+)cis-4-methylaminorex ((+)cis-4,5-dihydro-4methyl-5-phenyl-2-oxazolamine) ............................. 1590 (4) N,N-dimethylamphetamine (also known as N,N-alpha-trimethyl-benzeneethanamine; N,N-alpha-trimethylphenethylamine) ....................... 1480 (5) Cathinone (some other names: 2-amino-1-phenol-1propanone, alpha-amino propiophenone, 2-amino propiophenone and norphedrone) .......................... 1235 (6) Substituted cathinones Any compound, except bupropion or compounds listed under a different schedule, structurally derived from 2-aminopropan1-one by substitution at the 1-position with either phenyl, naphthyl, or thiophene ring systems, whether or not the compound is further modified in any of the following ways: (A) By substitution in the ring system to any extent with alkyl, alkylenedioxy, alkoxy, haloalkyl, hydroxyl, or halide substituents, whether or not further substituted in the ring system by one or more other univalent substituents; (B) by substitution at the 3-position with an acyclic alkyl substituent; (C) by substitution at the 2-amino nitrogen atom with alkyl, dialkyl, benzyl, or methoxybenzyl groups; or (D) by inclusion of the 2-amino nitrogen atom in a cyclic structure. (g) Any material, compound, mixture or preparation which contains any quantity of the following substances: (1) N-[1-benzyl-4-piperidyl]-N-phenylpropanamide (benzylfentanyl), its optical isomers, salts and salts of isomers .................................................... 9818 (2) N-[1-(2-thienyl)methyl-4-piperidyl]-Nphenylpropanamide (thenylfentanyl), its optical isomers, salts and salts of isomers ...................... 9834
(3) Methcathinone (some other names: 2-methylamino-1-phenylpropan-1-one: Ephedrone: Monomethylpropion: UR1431, its salts, optical isomers and salts of optical isomers) ...................................................... 1237 (4) (3) Aminorex (some other names: Aminoxaphen 2amino-5-phenyl-2-oxazoline or 4,5-dihydro-5phenyl-2-oxazolamine, its salts, optical isomers and salts of optical isomers) .............................. 1585 (5) (4) Alpha-ethyltryptamine, its optical isomers, salts and salts of isomers ............................................. 7249 Some other names: etryptamine, alpha-methyl-1Hindole-3-ethanamine; 3-(2-aminobutyl) indole. (h) Any of the following cannabinoids, their salts, isomers and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers and salts of isomers is possible within the specific chemical designation: (1) Tetrahydrocannabinols .......................................... 7370 Meaning tetrahydrocannabinols naturally contained in a plant of the genus Cannabis (cannabis plant), as well as synthetic equivalents of the substances contained in the plant, or in the resinous extractives of Cannabis, sp. and/or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity such as the following: Delta 1 cis or trans tetrahydrocannabinol, and their optical isomers Delta 6 cis or trans tetrahydrocannabinol, and their optical isomers Delta 3,4 cis or trans tetrahydrocannabinol, and its optical isomers (Since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions covered.) (2) Naphthoylindoles Any compound containing a 3-(1-naphthoyl)indole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent. (3) Naphthylmethylindoles Any compound containing a 1H-indol-3-yl-(1-naphthyl) methane structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl) methyl or 2-(4-morpholinyl)ethyl group whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent. (4) Naphthoylpyrroles Any compound containing a 3-(1-naphthoyl)pyrrole structure with substitution at the nitrogen atom of the pyrrole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4morpholinyl)ethyl group whether or not further substituted in the pyrrole ring to any extent, whether or not substituted in the naphthyl ring to any extent. (5) Naphthylmethylindenes Any compound containing a naphthylideneindene structure with substitution at the 3-position of the indene ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not further substituted in the indene ring to any extent, whether or not substituted in the naphthyl ring to any extent. (6) Phenylacetylindoles Any compound containing a 3-phenylacetylindole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not further substituted in the indole ring to any extent, whether or not substituted in the phenyl ring to any extent. (7) Cyclohexylphenols
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(4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18) (19) (20) (21) (22) (23) (24) (25) (26) (27) (28)
New State Laws

9800 9273 9743 9120 9170 9801 9226 9210 9220 9240 9250 9254 9802 9230 9232 9233 9234 9715 9730 9732 9733 9740 9648 9739 9780
Any compound containing a 2-(3-hydroxycyclohexyl)phenol structure with substitution at the 5-position of the phenolic ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4morpholinyl)ethyl group whether or not substituted in the cyclohexyl ring to any extent. (8) Benzoylindoles Any compound containing a 3-(benzoyl)indole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent. (9) 2,3-Dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo [1,2,3-de]-1,4-benzoxazin-6-yl]-1-napthalenylmethanone. Some trade or other names: WIN 55,212-2. (10) 9-(hydroxymethyl)-6, 6-dimethyl-3-(2-methyloctan-2-yl)6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol. Some trade or other names: HU-210, HU-211. Sec. 4. K.S.A. 65-4107 is hereby amended to read as follows: 654107. (a) The controlled substances listed in this section are included in schedule II and the number set forth opposite each drug or substance is the DEA controlled substances code which has been assigned to it. (b) Any of the following substances, except those narcotic drugs listed in other schedules, whether produced directly or indirectly by extraction from substances of vegetable origin or independently by means of chemical synthesis or by combination of extraction and chemical synthesis: (1) Opium and opiate and any salt, compound, derivative or preparation of opium or opiate, excluding apomorphine, dextrorphan, nalbuphine, nalmefene, naloxone and naltrexone and their respective salts, but including the following: (A) Raw opium ...................................................... 9600 (B) Opium extracts ................................................. 9610 (C) Opium fluid ..................................................... 9620 (D) Powdered opium ............................................... 9639 (E) Granulated opium ............................................. 9640 (F) Tincture of opium .............................................. 9630 (G) Codeine .......................................................... 9050 (H) Ethylmorphine .................................................. 9190 (I) Etorphine hydrochloride ..................................... 9059 (J) Hydrocodone ................................................... 9193 (K) Hydromorphone ............................................... 9150 (L) Metopon ......................................................... 9260 (M) Morphine ........................................................ 9300 (N) Oxycodone ...................................................... 9143 (O) Oxymorphone .................................................. 9652 (P) Thebaine ......................................................... 9333 (Q) Dihydroetorphine ................................................. 9334 (R) Oripavine ......................................................... 9330 (2) Any salt, compound, isomer, derivative or preparation thereof which is chemically equivalent or identical with any of the substances referred to in paragraph (1), but not including the isoquinoline alkaloids of opium. (3) Opium poppy and poppy straw. (4) Coca leaves (9040) and any salt, compound, derivative or preparation of coca leaves, but not including decocainized coca leaves or extractions which do not contain cocaine (9041) or ecgonine (9180). (5) Cocaine, its salts, isomers and salts of isomers (9041). (6) Ecgonine, its salts, isomers and salts of isomers (9180). (7) Concentrate of poppy straw (the crude extract of poppy straw in either liquid, solid or powder form which contains the phenanthrene alkaloids of the opium poppy) (9670). (c) Any of the following opiates, including their isomers, esters, ethers, salts and salts of isomers, esters and ethers, whenever the existence of these isomers, esters, ethers and salts is possible within the specific chemical designation dextrorphan and levopropoxyphene excepted: (1) Alfentanil ........................................................ 9737 (2) Alphaprodine ................................................... 9010 (3) Anileridine ...................................................... 9020
Bezitramide ...................................................... Bulk dextropropoxyphene (nondosage forms)............ Carfentanil ....................................................... Dihydrocodeine ................................................ Diphenoxylate .................................................. Fentanyl .......................................................... Isomethadone ................................................... Levomethorphan ............................................... Levorphanol ..................................................... Metazocine ...................................................... Methadone ....................................................... Methadone-intermediate,4-cyano-2-dimethyl amino4,4-diphenyl butane ........................................... Moramide-intermediate, 2-methyl-3-morpholino-1, 1-diphenylpropane-carboxylic acid ......................... Pethidine (meperidine) ........................................ Pethidine-intermediate-A, 4-cyano-1-methyl-4phenylpiperidine ............................................... Pethidine-intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate ...................................... Pethidine-intermediate-C, 1-methyl-4-phenylpiperidine-4-carboxylic acid ................................. Phenazocine ..................................................... Piminodine ...................................................... Racemethorphan ............................................... Racemorphan ................................................... Sufentanil ........................................................ Levo-alphacetyl methadol .................................... Some other names: levo-alpha-acetyl methadol, levomethadyl acetate or LAAM. Remifentanil ...................................................... Tapentadol ........................................................
(d) Any material, compound, mixture, or preparation which contains any quantity of the following substances having a potential for abuse associated with a stimulant effect on the central nervous system: (1) Amphetamine, its salts, optical isomers and salts of its optical isomers .................................................. 1100 (2) Phenmetrazine and its salts .................................. 1631 (3) Methamphetamine, including its salts, isomers and salts of isomers ........................................................ 1105 (4) Methylphenidate ............................................... 1724 (5) Lisdexamfetamine, its salts, isomers, and salts of its isomers ............................................................. 1205 (e) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts, isomers and salts of isomers whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designation: (1) Amobarbital ..................................................... 2125 (2) Glutethimide .................................................... 2550 (3) Secobarbital ...................................................... 2315 (4) Pentobarbital .................................................... 2270 (5) Phencyclidine ................................................... 7471 (f) Any material, compound, mixture, or preparation which contains any quantity of the following substances: (1) Immediate precursor to amphetamine and methamphetamine: (A) Phenylacetone ............................................. 8501 Some trade or other names: phenyl-2propanone; P2P; benzyl methyl ketone; methyl benzyl ketone. (2) Immediate precursors to phencyclidine (PCP): (A) 1-phenylcyclohexylamine ............................... 7460 (B) 1-piperidinocyclohexanecarbonitrile (PCC) .......... 8603 (g) Any material, compound, mixture or preparation which contains any quantity of the following hallucinogenic substance, its salts, isomers and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers and salts of isomers is possible within the specific chemical designation:
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(4) not more than 300 milligrams of dihydrocodeinone (hydrocodone) or any of its salts per 100 milliliters or not more than 15 milligrams per dosage unit with one or more active, nonnarcotic ingredients in recognized therapeutic amounts ........................................... (5) not more than 1.8 grams of dihydrocodeine or any of its salts per 100 milliliters or not more than 90 milligrams per dosage unit with one or more active, nonnarcotic ingredients in recognized therapeutic amounts (6) not more than 300 milligrams of ethylmorphine or any of its salts per 100 milliliters or not more than 15 milligrams per dosage unit with one or more active, nonnarcotic ingredients in recognized therapeutic amounts (7) not more than 500 milligrams of opium per 100 milliliters or per 100 grams or not more than 25 milligrams per dosage unit with one or more active, nonnarcotic ingredients in recognized therapeutic amounts ......... (8) not more than 50 milligrams of morphine or any of its salts per 100 milliliters or per 100 grams with one or more active, nonnarcotic ingredients in recognized therapeutic amounts ................................................ (9) any material, compound, mixture or preparation containing any of the following narcotic drugs or their salts, as set forth below: (A) Buprenorphine .............................................
649
Nabilone ............................................................... 7379 [Another name for nabilone: ()-trans-3-(1,1-dimethylheptyl)6,6a,7,8,10,10a-hexahydro-1-hydroxy-6,6-dimethyl-9Hdibenzo[b,d]pyran-9-one] Sec. 5. K.S.A. 65-4109 is hereby amended to read as follows: 654109. (a) The controlled substances listed in this section are included in schedule III and the number set forth opposite each drug or substance is the DEA controlled substances code which has been assigned to it. (b) Unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a potential for abuse associated with a depressant effect on the central nervous system: (1) Any compound, mixture or preparation containing: (A) Amobarbital .............................................. 2126 (B) Secobarbital ............................................... 2316 (C) Pentobarbital ............................................. 2271 or any salt thereof and one or more other active medicinal ingredients which are not listed in any schedule. (2) Any suppository dosage form containing: (A) Amobarbital .............................................. 2126 (B) Secobarbital ............................................... 2316 (C) Pentobarbital ............................................. 2271 or any salt of any of these drugs and approved by the Food and Drug Administration for marketing only as a suppository. (3) Any substance which contains any quantity of a derivative of barbituric acid, or any salt of a derivative of barbituric acid, except those substances which are specifically listed in other schedules ........................... 2100 (4) Chlorhexadol .................................................... 2510 (5) Lysergic acid .................................................... 7300 (6) Lysergic acid amide ........................................... 7310 (7) Methyprylon .................................................... 2575 (8) Sulfondiethylmethane ......................................... 2600 (9) Sulfonethylmethane ........................................... 2605 (10) Sulfonmethane .................................................. 2610 (11) Tiletamine and zolazepam or any salt thereof ............ 7295 Some trade or other names for a tiletaminezolazepam combination product: Telazol Some trade or other names for tiletamine: 2-(ethylamino)-2-(2-thienyl)-cyclohexanone Some trade or other names for zolazepam: 4-(2-fluoro-phenyl)-6,8-dihydro-1,3,8trimethylpyrazolo-[3,4-e][1,4]-diazepin7(1H)-one, flupyrazapon (12) Ketamine, its salts, isomers, and salts of isomers ........ 7285 Some other names for ketamine: ()-2-(2chlorophenyl)-2-(methylamino)-cyclohexanone (13) Gamma hydroxybutyric acid, any salt, hydroxybutyric compound, derivative or preparation of gamma hydroxybutyric acid contained in a drug product for which an application has been approved under section 505 of the federal food, drug and cosmetic act (14) Embutramide ..................................................... 2020 (c) Nalorphine ..................................................... 9400 (d) Any material, compound, mixture or preparation containing any of the following narcotic drugs or any salts calculated as the free anhydrous base or alkaloid, in limited quantities as set forth below: (1) Not more than 1.8 grams of codeine or any of its salts per 100 milliliters or not more than 90 milligrams per dosage unit with an equal or greater quantity of an isoquinoline alkaloid of opium .............................. 9803 (2) not more than 1.8 grams of codeine or any of its salts per 100 milliliters or not more than 90 milligrams per dosage unit with one or more active, nonnarcotic ingredients in recognized therapeutic amounts ................ 9804 (3) not more than 300 milligrams of dihydrocodeinone (hydrocodone) or any of its salts per 100 milliliters or not more than 15 milligrams per dosage unit with a fourfold or greater quantity of an isoquinoline alkaloid of opium ......................................................... 9805
9806
9807
9808
9809
9810
9064
(e) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers (whether optical, position or geometric) and salts of such isomers whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designation: (1) Those compounds, mixtures or preparations in dosage unit form containing any stimulant substance listed in schedule II, which compounds, mixtures or preparations were listed on August 25, 1971, as excepted compounds under section 308.32 of title 21 of the code of federal regulations, and any other drug of the quantitive composition shown in that list for those drugs or which is the same, except that it contains a lesser quantity of controlled substances ................................. 1405 (2) Benzphetamine ................................................. 1228 (3) Chlorphentermine .............................................. 1645 (4) Chlortermine .................................................... 1647 (5) Phendimetrazine ............................................... 1615 (f) Anabolic steroids ............................................ 4000 Anabolic steroid means any drug or hormonal substance, chemically and pharmacologically related to testosterone (other than estrogens, progestins, and corticosteroids) that promotes muscle growth, and includes: (1) boldenone (2) chlorotestosterone (4-chlortestosterone) (3) clostebol (4) dehydrochlormethyltestosterone (5) dihydrotestosterone (4-dihydrotestosterone) (6) drostanolone (7) ethylestrenol (8) fluoxymesterone (9) formebulone (formebolone) (10) mesterolone (11) methandienone (12) methandranone (13) methandriol (14) methandrostenolone (15) methenolone (16) methyltestosterone (17) mibolerone (18) nandrolone (19) norethandrolone (20) oxandrolone (21) oxymesterone (22) oxymetholone (23) stanolone
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(24) (26) (25) (27) (26) (28) (27) (29) (28) (30) (29) (31) (30) (32) (31) (33) (32) (34) (33) (35) (34) (36) (35) (37) (36) (38) (37) (39) (38) (40) (39) (41) (40) (42) (41) (43) (42) (44) (43) (45) (44) (46) (45) (47) (46) (48) (47) (49) (48) (50) (49) (51) (52)
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2772 2773 2885 2774 2800 2836 2820 2264 2250 2884 2837 2834 2838 2835 2839 2585 2591 2285 2883 2764 2881 2925 2886 2887 2783 2781 2784
(24) stanozolol (25) testolactone (26) testosterone (27) trenbolone (28) any salt, ester, or isomer of a drug or substance described or listed in this paragraph, if that salt, ester, or isomer promotes muscle growth. (A) Except as provided in (B), such term does not include an anabolic steroid which is expressly intended for administration through implants to cattle or other nonhuman species and which has been approved by the United States secretary of health and human services for such administration. (B) If any person prescribes, dispenses or distributes such steroid for human use, such person shall be considered to have prescribed, dispensed or distributed an anabolic steroid within the meaning of this subsection (f). (g) Any material, compound, mixture or preparation which contains any quantity of the following hallucinogenic substance, its salts, isomers and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers and salts of isomers is possible within the specific chemical designation: (1) Dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in a United States food and drug administration approved product .......................... 7369 Some other names for dronabinol: (6aR-trans)6a,7,8,10a-tetrahydro-6-6-9-trimethyl-3-pentyl-6Hdibenzo(b,d)pyran-1-0l, or (-)-delta-9-(trans)tetrahydrocannabinol. (h) The board may except by rule any compound, mixture or preparation containing any stimulant or depressant substance listed in subsection (b) from the application of all or any part of this act if the compound, mixture or preparation contains one or more active medicinal ingredients not having a stimulant or depressant effect on the central nervous system and if the admixtures are included therein in combinations, quantity, proportion or concentration that vitiate the potential for abuse of the substances which have a stimulant or depressant effect on the central nervous system. Sec. 6. K.S.A. 65-4111 is hereby amended to read as follows: 654111. (a) The controlled substances listed in this section are included in schedule IV and the number set forth opposite each drug or substance is the DEA controlled substances code which has been assigned to it. (b) Any material, compound, mixture or preparation which contains any quantity of the following substances including its salts, isomers and salts of isomers whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designation and having a potential for abuse associated with a depressant effect on the central nervous system: (1) Alprazolam ............................................... 2882 (2) Barbital .................................................... 2145 (3) Bromazepam ............................................. 2748 (4) Camazepam .............................................. 2749 (5) Chloral betaine .......................................... 2460 (6) Chloral hydrate .......................................... 2465 (7) Chlordiazepoxide ....................................... 2744 (8) Clobazam ................................................. 2751 (9) Clonazepam .............................................. 2737 (10) Clorazepate ............................................... 2768 (11) Clotiazepam .............................................. 2752 (12) Cloxazolam ............................................... 2753 (13) Delorazepam ............................................. 2754 (14) Diazepam ................................................. 2765 (15) Dichloralphenazone ....................................... 2467 (15) (16) Estazolam ................................................. 2756 (16) (17) Ethchlorvynol ............................................ 2540 (17) (18) Ethinamate ............................................... 2545 (18) (19) Ethyl loflazepate ........................................ 2758 (19) (20) Fludiazepam ............................................. 2759 (20) (21) Flunitrazepam ........................................... 2763 (21) (22) Flurazepam ............................................... 2767 (23) Fospropofol ................................................. 2138 (22) (24) Halazepam ............................................... 2762 (23) (25) Haloxazolam ............................................. 2771
Ketazolam ................................................ Loprazolam ............................................... Lorazepam ................................................ Lormetazepam ........................................... Mebutamate .............................................. Medazepam .............................................. Meprobamate ............................................ Methohexital ............................................. Methylphenobarbital (mephobarbital) .............. Midazolam ............................................... Nimetazepam ............................................ Nitrazepam ............................................... Nordiazepam ............................................ Oxazepam ................................................ Oxazolam ................................................. Paraldehyde .............................................. Petrichloral ............................................... Phenobarbital ............................................ Pinazepam ................................................ Prazepam ................................................. Quazepam ................................................ Temazepam .............................................. Tetrazepam ............................................... Triazolam ................................................. Zolpidem ................................................. Zaleplon ................................................... Zopiclone ...................................................
(c) Any material, compound, mixture, or preparation which contains any quantity of fenfluramine (1670), including its salts, isomers (whether optical, position or geometric) and salts of such isomers, whenever the existence of such salts, isomers and salts of isomers is possible. The provisions of this subsection (c) shall expire on the date fenfluramine and its salts and isomers are removed from schedule IV of the federal controlled substances act (21 United States code 812 21 U.S.C. 812; 21 code of federal regulations 1308.14). (d) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers (whether optical, position or geometric) and salts of such isomers whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designation: (1) Cathine ((+)-norpseudoephedrine) .................. 1230 (2) Diethylpropion .......................................... 1610 (3) Fencamfamin ............................................. 1760 (4) Fenproporex .............................................. 1575 (5) Mazindol .................................................. 1605 (6) Mefenorex ................................................ 1580 (7) Pemoline (including organometallic complexes and chelates thereof) ................................... 1530 (8) Phentermine .............................................. 1640 The provisions of this subsection (d)(8) shall expire on the date phentermine and its salts and isomers are removed from schedule IV of the federal controlled substances act (21 United States code 812 21 U.S.C. 812; 21 code of federal regulations 1308.14). (9) Pipradrol .................................................. 1750 (10) SPA((-)-1-dimethylamino-1,2-diphenylethane) .... 1635 (11) Sibutramine .............................................. 1675 (12) Mondafinil ................................................ 1680 (e) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation which contains any quantity of the following, including salts thereof: (1) Pentazocine ............................................... 9709 (2) Butorphanol (including its optical isomers) ........ 9720 (f) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation containing any of the following narcotic drugs, or their salts calculated as the free anhydrous base or alkaloid, in limited quantities as set forth below:
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(1) Not more than 1 milligram of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit ............................................... 9167 (2) Dextropropoxyphene (alpha-(+)-4dimethylamino-1, 2-diphenyl-3-methyl2-propionoxybutane) ................................... 9278 (g) Butyl nitrite and its salts, isomers, esters, ethers or their salts. (h) The board may except by rule and regulation any compound, mixture or preparation containing any depressant substance listed in subsection (b) from the application of all or any part of this act if the compound, mixture or preparation contains one or more active medicinal ingredients not having a depressant effect on the central nervous system, and if the admixtures are included therein in combinations, quantity, proportion or concentration that vitiate the potential for abuse of the substances which have a depressant effect on the central nervous system. Sec. 7. K.S.A. 2010 Supp. 65-4113 is hereby amended to read as follows: 65-4113. (a) The controlled substances or drugs, by whatever official name, common or usual name, chemical name or brand name designated, listed in this section are included in schedule V. (b) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation containing the following narcotic drug or its salts: Buprenorphine ........................................................ 9064 (c) (b) Any compound, mixture or preparation containing limited quantities of any of the following narcotic drugs which also contains one or more nonnarcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture or preparation valuable medicinal qualities other than those possessed by the narcotic drug alone: (1) Not more than 200 milligrams of codeine or any of its salts per 100 milliliters or per 100 grams. (2) Not more than 100 milligrams of dihydrocodeine or any of its salts per 100 milliliters or per 100 grams. (3) Not more than 100 milligrams of ethylmorphine or any of its salts per 100 milliliters or per 100 grams. (4) Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit. (5) Not more than 100 milligrams of opium per 100 milliliters or per 100 grams. (6) Not more than .5 milligram of difenoxin (9168) and not less than 25 micrograms of atropine sulfate per dosage unit. (d) (c) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers (whether optical, position or geometric) and salts of such isomers whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designation: (1) Propylhexedrine (except when part of a compound used for nasal decongestion which is authorized to be sold lawfully over the counter without a prescription under the federal food, drug and cosmetic act, so long as it is used only for such purpose) ........................ 8161 (2) Pyrovalerone .................................................... 1485 (e) (d) Any compound, mixture or preparation containing any detectable quantity of ephedrine, its salts or optical isomers, or salts of optical isomers. (f) (e) Any compound, mixture or preparation containing any detectable quantity of pseudoephedrine, its salts or optical isomers, or salts of optical isomers. (f) Unless specifically exempted or excluded or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts: (1) Lacosamide [(R)-2-acetoamido-N-benzyl-3-methoxypropionamide] .................................................... 2746 (2) Pregabalin [(S)-3-(aminomethyl)-5-methylhexanoic acid] ... 2782 Sec. 8. K.S.A. 65-4107, 65-4109, 65-4111 and K.S.A. 2010 Supp. 21-36a05, 21-36a06, 65-4105 and 65-4113 are hereby repealed.
Sec. 9. On and after July 1, 2011, K.S.A. 65-4107, as amended by section 2 of 2011 House Bill No. 2023, 65-4109, as amended by section 3 of 2011 House Bill No. 2023, and 65-4111, as amended by section 4 of 2011 House Bill No. 2023 and K.S.A. 2010 Supp. 654105, as amended by section 1 of 2011 House Bill No. 2023 and 654113, as amended by section 5 of 2011 House Bill No. 2023 are hereby repealed. Sec. 10. This act shall take effect and be in force from and after its publication in the Kansas register.
SUBSTITUTE FOR SENATE BILL No. 50

AN ACT concerning emergency communications service; relating to fees, charges, collection and distribution; amending K.S.A. 2010 Supp. 12-5327, 12-5338, 12-5361, 45-221, as amended by section 192 of 2011 House Bill No. 2339 and 75-5133, as amended by section 276 of 2011 House Bill No. 2339 and repealing the existing sections; also repealing K.S.A. 12-5303, 125305, 12-5306, 12-5307, 12-5308 and 12-5309 and K.S.A. 2010 Supp. 12-5301, 12-5302, 12-5304, 12-5310, 12-5321, 12-5322, 125323, 12-5324, 12-5325, 12-5326, 12-5327, 12-5328, 12-5329, 125330, 12-5331, 12-5332, 12-5333, 12-5334, 12-5335, 12-5336, 125337, 12-5351, 12-5352, 12-5353, 12-5354, 12-5355, 12-5356, 12-5357, 12-5358, 12-5359 and 12-5360. Be it enacted by the Legislature of the State of Kansas: New Section 1. Sections 1 through 19 and 25, and amendments thereto, shall be known and may be cited as the Kansas 911 act. New Sec. 2. As used in the Kansas 911 act: (a) Consumer means a person who purchases prepaid wireless service in a retail transaction. (b) Department means the Kansas department of revenue. (c) Enhanced 911 service or E-911 service means an emergency telephone service that generally may provide, but is not limited to, selective routing, automatic number identification and automatic location identification features. (d) Exchange telecommunications service means the service that provides local telecommunications exchange access to a service user. (e) Governing body means the board of county commissioners of a county or the governing body of a city. (f) Local collection point administrator or LCPA means, on the effective date of this act, the statewide association of cities established by K.S.A. 12-1610e, and amendments thereto, and the statewide association of counties established by K.S.A. 19-2690, and amendments thereto. After January 1, 2012, local collection point administrator means the person designated by the 911 coordinating council to serve as the local collection point administrator to collect and distribute 911 fees and 911 state grant fund moneys. (g) Next generation 911 means 911 service that enables PSAPs to receive Enhanced 911 service calls and emergency calls from Internet Protocol (IP) based technologies and applications that may include text messaging, image, video and data information from callers. (h) Person means any individual, firm, partnership, copartnership, joint venture, association, cooperative organization, corporation, municipal or private, and whether organized for profit or not, state, county, political subdivision, state department, commission, board, bureau or fraternal organization, nonprofit organization, estate, trust, business or common law trust, receiver, assignee for the benefit of creditors, trustee or trustee in bankruptcy or any other legal entity. (i) Prepaid wireless service means a wireless telecommunications service that allows a caller to dial 911 to access the 911 system, which service must be paid for in advance and is sold in predetermined units or dollars of which the number declines with use in a known amount. (j) Place of primary use has the meaning provided in the mobile telecommunications act as defined by 4 U.S.C. 116 et seq., as in effect on the effective date of this act.
(continued)
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(k) Provider means any person providing exchange telecommunications service, wireless telecommunications service, VoIP service or other service capable of contacting a PSAP. (l) PSAP means a public safety answering point operated by a city or county. (m) Retail transaction means the purchase of prepaid wireless service from a seller for any purpose other than resale, not including the use, storage or consumption of such services. (n) Seller means a person who sells prepaid wireless service to another person. (o) Service user means any person who is provided exchange telecommunications service, wireless telecommunications service, VoIP service, prepaid wireless service or any other service capable of contacting a PSAP. (p) Subscriber account means the 10-digit access number assigned to a service user regardless of whether more than one such number is aggregated for the purpose of billing a service user. (q) Subscriber radio equipment means mobile and portable radio equipment installed in vehicles or carried by persons for voice communication with a radio system. (r) VoIP service means voice over internet protocol. (s) Wireless telecommunications service means commercial mobile radio service as defined by 47 C.F.R. 20.3 as in effect on the effective date of this act. New Sec. 3. (a) (1) There is hereby created the 911 coordinating council which shall monitor the delivery of 911 services, develop strategies for future enhancements to the 911 system and distribute available grant funds to PSAPs. In as much as possible, the council shall include individuals with technical expertise regarding 911 systems, internet technology and GIS technology. (2) The 911 coordinating council shall consist of 12 voting members to be appointed by the governor: Two members representing information technology personnel from government units; one member representing a law enforcement officer; one member representing a fire chief; one member recommended by the adjutant general; one member recommended by the Kansas emergency medical services board; one member recommended by the Kansas commission for the deaf and hard of hearing; two members representing PSAPs located in counties with less than 75,000 in population; two members representing PSAPs located in counties with greater than 75,000 in population; and one member representing PSAPs without regard to size. At least two of the members representing PSAPs shall be administrators of a PSAP or have extensive prior 911 experience in Kansas. (3) Other voting members of the 911 coordinating council shall include: One member of the Kansas house of representatives as appointed by the speaker of the house; one member of the Kansas house of representatives as appointed by the minority leader of the house; one member of the Kansas senate as appointed by the senate president; and one member of the Kansas senate as appointed by the senate minority leader. (4) The 911 coordinating council shall also include non-voting members to be appointed by the governor: One member representing rural telecommunications companies recommended by the Kansas rural independent telephone companies; one member representing incumbent local exchange carriers with over 50,000 access lines; one member representing large wireless providers; one member representing VoIP providers; one member recommended by the league of Kansas municipalities; one member recommended by the Kansas association of counties; one member recommended by the Kansas geographic information systems policy board; one member recommended by KAN-ED; one member recommended by the Kansas division of information systems and communications; and one member, a Kansas resident, recommended by the Mid-America regional council. (b) The terms of office for voting members of the 911 coordinating council shall commence on the effective date of this act and shall be subject to reappointment every three years. No voting member shall serve longer than two three-year terms. A voting member appointed as a replacement for another voting member may finish the term of the predecessor and may serve two additional three-year terms. (c) (1) The governor shall select the chair of the 911 coordinating council, who shall serve at the pleasure of the governor and have extensive prior 911 experience in Kansas.
(2) The chair shall serve as the coordinator of E-911 services and next generation 911 services in the state, implement statewide 911 planning, have the authority to sign all certifications required under 47 C.F.R. part 400 and administer the 911 federal grant fund and 911 state maintenance fund. The chair shall serve subject to the direction of the council and ensure that policies adopted by the council are carried out. The chair shall serve as the liaison between the council and the LCPA. The chair shall preside over all meetings of the council and assist the council in effectuating the provisions of this act. (d) Upon the advice and consent of the legislative coordinating council, the 911 coordinating council shall select the local collection point administrator, pursuant to section 6, and amendments thereto, to collect 911 fees and to distribute such fees to PSAPs and to distribute 911 state grant fund moneys as directed by the council. The council shall adopt rules and regulations for the terms of the contract with the LCPA. All contract terms and conditions shall satisfy all contract requirements as established by the secretary of administration. The council may, pursuant to rules and regulations, increase the duration of the contract with the LCPA to a maximum of three years. The council shall determine the compensation of the LCPA who, after January 1, 2012, shall provide the council with any staffing necessary in carrying out the business of the council or effectuating the provisions of this act. Prior to January 1, 2012, the department of administration shall provide the council with any staffing necessary in carrying out the business of the council or effectuating the provisions of this act. The moneys used to reimburse these expenses shall be paid from the 911 state grant fund, pursuant to subsection (i). (e) The 911 coordinating council is hereby authorized to adopt rules and regulations necessary to effectuate the provisions of this act, including, but not limited to, creating a uniform reporting form designating how moneys, including 911 fees, have been spent by the PSAPs, requiring service providers to notify the council pursuant to subsection (j), setting standards for coordinating and purchasing equipment, recommending standards for training of PSAP personnel and assessing civil penalties. The chair of the council shall work with the council to develop rules and regulations necessary for the distribution of moneys in the 911 federal grant fund. The council shall work with the chair to carry out the provisions of this act. Rules and regulations necessary to begin administration of this act shall be adopted by December 31, 2011. (f) The council may, pursuant to rules and regulations, raise or lower the 911 fee upon a finding based on information submitted on the uniform reporting forms, that moneys generated by such fee are in excess of or below the costs required to operate PSAPs in the state. The council shall not set the 911 fee above $.60. (g) The council may appoint subcommittees as necessary to administer grants, oversee collection and distribution of moneys by the LCPA, develop technology standards, develop training recommendations and other issues as deemed necessary by the council. Subcommittees, if appointed, shall include members of the council and other persons as needed. (h) The council may reimburse independent contractors or state agencies for expenses incurred in carrying out the business of the council, including salaries, that are directly attributable to effectuating the provisions of this act. The moneys used to reimburse these expenses shall be paid from the 911 state grant fund, pursuant to subsection (i). (i) All expenses related to the council shall be paid from the 911 state grant fund. No more than 1.5% of the total receipts from providers and the department received by the LCPA shall be used to pay for such expenses. Members of the council may receive reimbursement for meals and travel expenses, but shall serve without other compensation with the exception of legislative members. (j) Every provider shall submit contact information for the provider to the council prior to January 1, 2012. Any provider that has not previously provided wireless telecommunications service in this state shall submit contact information for the provider to the council within three months of first offering wireless telecommunications services in this state. (k) Each PSAP shall file with the council, by March 1, 2012, and every March 1 thereafter, a report demonstrating how such PSAP has spent the moneys earned from the 911 fee during the preceding
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calendar year. The council shall designate the content and form of such report. (l) The council, upon a finding that a provider has violated any provision of this act, may impose a civil penalty. No civil penalty shall be imposed pursuant to this section except upon the written order of the council. Such order shall state the violation, the penalty to be imposed and the right of such person to appeal to a hearing before the council. Any such person may, within 15 days after service of the order, make a written request to the council for a hearing thereon. Hearings under this subsection shall be conducted in accordance with the provisions of the Kansas administrative procedure act. (m) Any action of the council pursuant to subsection (l) is subject to review in accordance with the Kansas judicial review act. (n) Any civil penalty recovered pursuant to this section shall be transferred to the LCPA for deposit in the 911 state grant fund. (o) As long as the provider is working in good faith to comply with the provisions of this act, no civil penalty shall be imposed prior to January 1, 2013. (p) The 911 coordinating council shall make an annual report, to include a detailed description of all expenditures made from 911 fees received by the PSAPs, to the house committee on energy and utilities and the senate committee on utilities. New Sec. 4. (a) There is hereby established in the state treasury the 911 federal grant fund. (b) The chair of the 911 coordinating council shall serve as the administrator of the 911 federal grant fund and shall distribute grants in accordance with the recommendations of the 911 coordinating council. Subject to the conditions and in accordance with the requirements of this act and 47 C.F.R. part 400, the chair is authorized to perform such acts necessary for the effectuation of this act. (c) Moneys received by the state from the federal government for the purposes of the fund shall be credited to the fund. (d) Subject to the conditions and in accordance with the requirements of this act and 47 C.F.R. part 400, moneys credited to the fund shall be used only: (1) To pay all expenses incurred in the administration of the fund; and (2) to provide grants to eligible municipalities only for necessary and reasonable costs incurred or to be incurred by PSAPs for: (A) Implementation of enhanced 911 service and next generation 911 service, as defined in section 2, and amendments thereto; (B) purchase of equipment and upgrades and modification to equipment used solely to process the data elements of enhanced 911 service and next generation 911 service, as defined in section 2, and amendments thereto; and (C) maintenance and license fees for such equipment and training of personnel to operate such equipment, including costs of training PSAP personnel to provide effective service to all users of the emergency telephone system who have communications disabilities. Such costs shall not include expenditures to lease, construct, expand, acquire, remodel, renovate, repair, furnish or make improvements to buildings or similar facilities or for other capital outlay or equipment not expressly authorized by this act. (e) All payments and disbursements from the fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the chair or by a person or persons designated by the chair. (f) This section shall take effect on and after January 1, 2012. New Sec. 5. (a) There is hereby established in the state treasury the 911 state maintenance fund. (b) The chair of the 911 coordinating council shall serve as the administrator of the 911 state maintenance fund and shall distribute grants in accordance with the recommendations of the 911 coordinating council. Subject to the conditions and in accordance with the requirements of this act and 47 C.F.R. part 400, the chair is authorized to perform such acts necessary for the effectuation of this act. (c) Moneys from the following sources shall be credited to the fund: (1) Amounts appropriated or otherwise made available by the legislature for the purposes of the fund;
(2) interest attributable to investment of moneys in the fund; and (3) amounts received from any public or private entity for the purposes of the fund. (d) Moneys credited to the fund shall be used only: (1) To pay all expenses incurred in the administration of the fund; and (2) to provide grants to eligible municipalities only for necessary and reasonable costs incurred or to be incurred by PSAPs for: (A) Implementation of enhanced 911 service and next generation 911 service, as defined in section 2, and amendments thereto; (B) purchase of equipment and upgrades and modification to equipment used solely to process the data elements of enhanced 911 service and next generation 911 service, as defined in section 2, and amendments thereto; and (C) maintenance and license fees for such equipment and training of personnel to operate such equipment, including costs of training PSAP personnel to provide effective service to all users of the emergency telephone system who have communications disabilities. Such costs shall not include expenditures to lease, construct, expand, acquire, remodel, renovate, repair, furnish or make improvements to buildings or similar facilities or for other capital outlay or equipment not expressly authorized by this act. (e) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the 911 state maintenance fund interest earnings based on: (1) The average daily balance of moneys in the 911 state maintenance fund for the preceding month; and (2) the net earnings rate of the pooled money investment portfolio for the preceding month. (f) All payments and disbursements from the fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the chair or by a person or persons designated by the chair. (g) This section shall take effect on and after January 1, 2012. New Sec. 6. Upon the advice and consent of the legislative coordinating council, the 911 coordinating council shall select the local collection point administrator. In selecting the LCPA, the council shall contract with the LCPA for services for no longer than two years. The 911 coordinating council and the legislative coordinating council shall annually review the designation of the LCPA and the contract with the LCPA for services. The LCPA shall be subject to the requirements of the Kansas open meetings act, the Kansas open records act and shall treat all moneys received as public funds pursuant to article 14 of chapter 9 of the Kansas Statutes Annotated, and amendments thereto. Notwithstanding any other provision of law to the contrary, the LCPA shall not be considered a state agency. New Sec. 7. (a) Upon the advice and consent of the 911 coordinating council, the LCPA shall establish the 911 state fund and the 911 state grant fund which shall not be part of the state treasury. On or after the effective date of this section, the secretary of administration shall certify all unobligated funds remaining in the wireless enhanced 911 grant fund as having originated as either federal grant moneys or 911 fee moneys. All such moneys originating from 911 fees, and any interest accrued on such fees, shall be paid to the LCPA for deposit in the 911 state grant fund. All unobligated federal moneys, and any interest accrued on such moneys, shall be transferred to the 911 federal grant fund. (b) The council shall be responsible for ensuring that the 911 state grant fund and any interest earned on money credited to the fund is only expended for the following purposes: (1) Projects involving the development and implementation of next generation 911 services; (2) costs associated with PSAP consolidation or costsharing projects; (3) expenses related to the 911 coordinating council; (4) costs of audits conducted pursuant to section 16, and amendments thereto; and (5) other costs pursuant to section 14, and amendments thereto. (c) The council shall develop criteria for eligible purchases and for grant applicants and make the final determination as to the distribution of grant funds. Such criteria shall promote the procurement of equipment that meets open architecture and national technical standards. Distribution of grant funds shall not include
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expenditures to procure, maintain or upgrade subscriber radio equipment. (d) The LCPA shall be authorized to maintain an action to collect any funds owed by any providers in the district court in the county of the registered office of such provider or, if such provider does not have a registered office in the state, such an action may be maintained in the county where such providers principal office is located. If such provider has no principal office in the state, such an action may be maintained in the district court of any county in which such provider provides service. (e) This section shall take effect on and after January 1, 2012. New Sec. 8. (a) There is hereby imposed a 911 fee in the amount of $.53 per month per subscriber account of any exchange telecommunications service, wireless telecommunications service, VoIP service, or other service capable of contacting a PSAP. Such fee shall not be imposed on prepaid wireless service. It shall be the duty of each exchange telecommunications service provider, wireless telecommunications service provider, VoIP service provider or other service provider to remit such fees to the LCPA as provided in section 9, and amendments thereto. (b) This section shall take effect on and after January 1, 2012. New Sec. 9. (a) Every billed service user shall be liable for the 911 fee until such fees have been paid to the exchange telecommunications service provider, wireless telecommunications service provider, VoIP service provider or other service provider. (b) The duty to collect the fees imposed pursuant to this act shall commence January 1, 2012. Such fees shall be added to and may be stated separately in billings for the subscriber account. If stated separately in billings, the fees shall be labeled 911 fees. (c) The provider shall have no obligation to take any legal action to enforce the collection of the fees imposed by this act. The provider shall provide annually to the LCPA a list of the amount of uncollected 911 fees along with the names and addresses of those service users which carry a balance that can be determined by the provider to be nonpayment of such fees. (d) The fees imposed by this act shall be collected insofar as practicable at the same time as, and along with, the charges for local exchange, wireless, VoIP, or other service in accordance with regular billing practice of the provider. (e) The 911 fees and the amounts required to be collected therefor are due monthly. The amount of such fees collected in one month by the provider shall be remitted to the LCPA not more than 15 days after the close of the calendar month. On or before the 15th day of each calendar month following, a return for the preceding month shall be filed with the LCPA. Such return shall be in such form and shall contain such information as required by the LCPA. The provider required to file the return shall deliver the return together with a remittance of the amount of fees payable to the LCPA. The provider shall maintain records of the amount of any such fees collected in accordance with this act for a period of three years from the time the fees are collected. (f) The provisions of this section shall not be construed to apply to prepaid wireless service. (g) This section shall take effect on and after January 1, 2012. New Sec. 10. (a) There is hereby imposed a prepaid wireless 911 fee of 1.06% per retail transaction or, on and after the effective date of an adjusted amount per retail transaction that is established under subsection (f), such adjusted amount. (b) The prepaid wireless 911 fee shall be collected by the seller from the consumer with respect to each retail transaction occurring in this state. The amount of the prepaid wireless 911 fee shall be either separately stated on an invoice, receipt or other similar document that is provided to the consumer by the seller, or otherwise disclosed to the consumer. (c) For purposes of subsection (b), a retail transaction that is effected in person by a consumer in a business location of the seller shall be treated as occurring in this state if that business location is in this state, and any other retail transaction shall be treated as occurring in this state if the retail transaction is treated as occurring in this state for the purposes of subsection (c)(3) of K.S.A. 79-3673, and amendments thereto. (d) The prepaid wireless 911 fee is the liability of the consumer and not of the seller nor of any provider, except that the seller shall be liable to remit all prepaid wireless 911 fees that the seller collects from consumers pursuant to this section, and amendments thereto,
including all such fees that the seller is deemed to collect where the amount of the charge has not been separately stated in an invoice, receipt or other similar document provided to the consumer by the seller. (e) The amount of the prepaid wireless 911 fee that is collected by a seller from a consumer, if such amount is separately stated on an invoice, receipt or other similar document provided to the consumer by the seller, shall not be included in the base for measuring any tax, fee, surcharge or other charge that is imposed by this state, any political subdivision of this state or any intergovernmental agency. (f) The prepaid wireless 911 fee shall be proportionately increased or reduced, as applicable, upon any change to the fee imposed by subsection (a) of section 8, and amendments thereto. The adjusted amount shall be determined by dividing the amount of the fee imposed by subsection (a) of section 8, and amendments thereto, by $50. Such increase or reduction shall be effective on the effective date of the change to the fee imposed by subsection (a) of section 8, and amendments thereto, or, if later, the first day of the calendar quarter to occur at least 60 days after the enactment to the change to the fee imposed by subsection (a) of section 8, and amendments thereto. The department shall provide not less than 60 days notice of such increase or decrease on the departments website. (g) When prepaid wireless service is sold with one or more other products or services for a single, non-itemized price, then the percentage specified in subsection (a) shall apply to the entire nonitemized price unless the seller elects to apply such percentage to: (1) If the amount of the prepaid wireless service is disclosed to the consumer as a dollar amount, such dollar amount; or (2) if the seller can identify the portion of the price that is attributable to the prepaid wireless service by reasonable and verifiable standards from its books and records that are kept in the regular course of business for other purposes, including, but not limited to, non-tax purposes, such portion. (h) This section shall take effect on and after January 1, 2012. New Sec. 11. (a) Prepaid wireless 911 fees collected by sellers shall be remitted to the department by electronic filing that is consistent with the provisions of article 36 of chapter 79 of the Kansas Statutes Annotated, and amendments thereto. The department shall establish registration and payment procedures for the collection of the prepaid wireless 911 fee. (b) To minimize additional costs to the department, the department may conduct audits of sellers in conjunction with sales and use tax audits. The department is authorized to provide the LCPA with information obtained in such audits if such information indicates that a seller may not be complying with the provisions of this section and section 10, and amendments thereto. The LCPA may request the department to initiate collection or audit procedures on individual sellers if collection efforts by the LCPA are unsuccessful. (c) The department shall establish procedures by which a seller may document that a sale is not a retail sale, which procedures shall substantially coincide with procedures for documenting sale for resale transactions for article 36 of chapter 79 of the Kansas Statutes Annotated, and amendments thereto. (d) The department shall transfer all remitted prepaid wireless 911 fees to the LCPA within 30 days of receipt for distribution as provided in section 13, and amendments thereto. (e) The department may retain up to $70,000 of remitted funds in fiscal year 2012 only for use in paying for programming and other one-time costs for establishing a system for collecting the prepaid wireless 911 fee. (f) This section shall take effect on and after January 1, 2012. New Sec. 12. (a) The prepaid wireless 911 fee imposed in this act shall be the only 911 funding obligation imposed with respect to prepaid wireless service in this state. No tax, fee, surcharge or other charge shall be imposed by this state, any political subdivision of this state or any intergovernmental agency for 911 funding purposes upon any prepaid wireless service provider, seller or consumer with respect to the sale, purchase, use or provision of prepaid wireless service. (b) This section shall take effect on and after January 1, 2012. New Sec. 13. (a) Not later than 30 days after the receipt of moneys from providers pursuant to sections 9 and 10, and amendments
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thereto, and the department pursuant to section 11, and amendments thereto, the LCPA shall distribute such moneys to PSAPs based upon the following distribution method: In a county with a population over 80,000, 82% of the money collected from service users whose place of primary use, as provided by the providers, is within the county shall be distributed to the PSAPs within the county based on place of primary use information; in a county with a population between 65,000 and 79,999, 85% of the money collected from service users whose place of primary use, as provided by the providers, is within the county shall be distributed to the PSAPs within the county based on place of primary use information; in a county with a population between 55,000 and 64,999, 88% of the money collected from service users whose place of primary use, as provided by the providers, is within the county shall be distributed to the PSAPs within the county based on place of primary use information; in a county with a population between 45,000 and 54,999, 91% of the money collected from service users whose place of primary use, as provided by the providers, is within the county shall be distributed to the PSAPs within the county based on place of primary use information; in a county with a population between 35,000 and 44,999, 94% of the money collected from service users whose place of primary use, as provided by the providers, is within the county shall be distributed to the PSAPs within the county based on place of primary use information; in a county with a population between 25,000 and 34,999, 97% of the money collected from service users whose place of primary use, as provided by the providers, is within the county shall be distributed to the PSAPs within the county based on place of primary use information; and in a county with a population of less than 25,000, 100% of the money collected from service users whose place of primary use, as provided by the providers, is within the county shall be distributed to the PSAPs within the county based on place of primary use information. There shall be a minimum county distribution of $50,000 and no county shall receive less than $50,000 of direct distribution moneys. If there is more than one PSAP in a county then the direct distribution allocated to that county by population shall be deducted from the minimum county distribution and the difference shall be proportionately divided between the PSAPs in the county. All moneys remaining after distribution and any moneys which cannot be attributed to a specific PSAP shall be transferred to the 911 state grant fund. (b) All fees remitted to the LCPA shall be deposited in the 911 state fund and for the purposes of this act be treated as if they are public funds, pursuant to article 14 of chapter 9 of the Kansas Statutes Annotated, and amendments thereto. (c) All moneys in the 911 state fund that have been collected from the prepaid wireless 911 fee shall be deposited in the 911 state grant fund unless $2 million of such moneys have been deposited in any given year then all remaining moneys shall be distributed to the PSAPs pursuant to subsection (a). (d) The LCPA shall keep accurate accounts of all receipts and disbursements of moneys from the 911 fees. (e) Information provided by providers to the local collection point administrator or to the 911 coordinating council pursuant to this act will be treated as proprietary records which will be withheld from the public upon request of the party submitting such records. (f) The provisions of subsection (e) shall expire on July 1, 2017, unless the legislature acts to reenact such provision. The provisions of subsection (e) shall be reviewed by the legislature prior to July 1, 2016. (g) This section shall take effect on and after January 1, 2012. New Sec. 14. (a) The proceeds of the 911 fees imposed pursuant to this act, and any interest earned on revenue derived from such fee, shall be used only for necessary and reasonable costs incurred or to be incurred by PSAPs for: (1) Implementation of 911 services; (2) purchase of 911 equipment and upgrades; (3) maintenance and license fees for 911 equipment; (4) training of personnel; (5) monthly recurring charges billed by service suppliers; (6) installation, service establishment and nonrecurring start-up charges billed by the service supplier; (7) charges for capital improvements and equipment or other physical enhancements to the 911 system; or (8) the original acquisition and installation of road signs designed to aid in the delivery of emergency service. Such costs shall not include expenditures to lease, construct, expand, acquire, re-
model, renovate, repair, furnish or make improvements to buildings or similar facilities. Such costs shall also not include expenditures to purchase subscriber radio equipment. (b) If the 911 coordinating council, based upon information obtained from the PSAP reports or an audit of the PSAPs, determines that any PSAP has used any 911 fees for any purpose other than those authorized in this act, such PSAP shall repay all such funds used for any unauthorized purposes plus 10% to the LCPA for deposit in the 911 state grant fund. No such repayment of 911 fees shall be imposed pursuant to this section except upon the written order of the council. Such order shall state the unauthorized purposes for which the funds were used, the amount of funds to be repayed and the right of such PSAP to appeal to a hearing before the council. Any such PSAP may, within 15 days after service of the order, make a written request to the council for a hearing thereon. Hearings under this subsection shall be conducted in accordance with the provisions of the Kansas administrative procedure act. (c) Any action of the council pursuant to subsection (b) is subject to review in accordance with the Kansas judicial review act. (d) As long as the PSAP is working in good faith to use the 911 fees for expenditures authorized by this act, no repayment of 911 fees shall be required prior to January 1, 2013. (e) This section shall take effect on and after January 1, 2012. New Sec. 15. (a) Except as provided by the Kansas tort claims act, and except for failure to use ordinary care, or for intentional acts, the LCPA and each provider, and their employees and agents, and each seller, and their employees and agents, shall not be liable for the payment of damages resulting directly or indirectly from the total or partial failure of any transmission to an emergency communication service or for damages resulting from the performance of installing, maintaining or providing 911 service. (b) This section shall take effect on and after January 1, 2012. New Sec. 16. (a) The receipts and disbursements of the LCPA shall be audited yearly by a licensed municipal accountant or certified public accountant. (b) The LCPA may require an audit of any providers books and records concerning the collection and remittance of fees pursuant to this act. The cost of any such audit shall be paid from the 911 state grant fund. (c) On or before December 31, 2013, and at least once every three years thereafter, the division of post audit shall conduct an audit of the 911 system to determine: (1) Whether the moneys received by PSAPs pursuant to this act are being used appropriately; (2) whether the amount of moneys collected pursuant to this act is adequate; and (3) the status of 911 service implementation. The auditor to conduct such audit shall be specified in accordance with K.S.A. 46-1122, and amendments thereto. The post auditor shall compute the reasonably anticipated cost of providing audits pursuant to this subsection, subject to review and approval by the contract audit committee established by K.S.A. 46-1120, and amendments thereto. Upon such approval, the 911 state grant fund shall reimburse the division of post audit for the amount approved by the contract audit committee. The audit report shall be submitted to the 911 coordinating council, the LCPA, the house energy and utilities committee and the senate utilities committee. (d) The legislature shall review this act at the regular 2014 legislative session and at the regular legislative session every five years thereafter. (e) This section shall take effect on and after January 1, 2012. New Sec. 17. (a) Nothing in this act shall be construed to limit the ability of a provider from recovering directly from the providers customers its costs associated with designing, developing, deploying and maintaining 911 service and its cost of collection and administration of the fees imposed by this act, whether such costs are itemized on the customers bill as a surcharge or by any other lawful method. (b) This section shall take effect on and after January 1, 2012. New Sec. 18. A provider of wireless telecommunications service shall: (1) Receive prior approval of the PSAP of that jurisdiction before directing emergency calls to such PSAP; and (2) establish the unique emergency telephone number 911 across the state, excluding the Kansas turnpike assistance telephone number.
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New Sec. 19. The governing body of each city and county shall provide or contract for the 24-hour receipt of wireless emergency calls for all wireless service areas within the jurisdiction of the city or county. Sec. 20. K.S.A. 2010 Supp. 12-5327 is hereby amended to read as follows: 12-5327. (a) After providing for public comment and review each year, the secretary, in conjunction with the advisory board, shall prepare a plan identifying the intended uses of the moneys available in the fund. The intended use plan shall include, but not be limited to: (a) (1) The wireless enhanced 911 project priority list; (b) (2) a description of the short-term and long-term goals and objectives of the fund for the deployment of wireless enhanced 911; (c) (3) provisions addressing the needs of persons with communication disabilities; (d) (4) information on the projects to be financed, including a description thereof, the terms of grants to be provided and the municipalities receiving the grants; and (e) (5) the criteria and method established for the provision of grants to be made from the fund. (b) Notwithstanding the provisions of subsection (a), moneys in the fund shall be used to pay any expenses authorized by this act incurred by the 911 coordinating council in effectuating the provisions of this act. Sec. 21. K.S.A. 2010 Supp. 12-5338 is hereby amended to read as follows: 12-5338. (a) On July January 1, 2011 2012:, (1) the wireless enhanced 911 grant fee shall be discontinued, the advisory board shall be abolished, any unobligated balance of the wireless enhanced 911 grant fund shall be paid to the local collection point administrator for distribution to PSAPs based on the population of the municipality or municipalities served by the respective PSAP distributed pursuant to subsection (a) of section 7, and amendments thereto, and the fund shall be abolished. (2) Within any county which has a population of 125,000 or more, the amount of the tax imposed pursuant to K.S.A. 12-5302, and amendments thereto, shall not exceed $.25 per month per access line or its equivalent and the amount of the wireless enhanced 911 local fee within such jurisdiction shall be an equal amount per month per wireless subscriber account. (3) Within any county which has a population of less than 125,000 the amount of the tax imposed pursuant to K.S.A. 12-5302, and amendments thereto, shall not exceed $.50 per month per access line or its equivalent and the amount of the wireless enhanced 911 local fee shall be an equal amount per month per wireless subscriber account. (4) The provisions of K.S.A. 2010 Supp. 12-5323 through 125329, and amendments thereto, shall expire. (b) On and after July 1, 2011, the proceeds of the wireless enhanced 911 local fee shall be used only to pay for costs of emergency telephone service described in K.S.A. 12-5304, and amendments thereto, and expenditures authorized by K.S.A. 2010 Supp. 12-5330, and amendments thereto. Sec. 22. K.S.A. 2010 Supp. 12-5361 is hereby amended to read as follows: 12-5361. (a) On July January 1, 2011 2012:, (1) the VoIP enhanced 911 grant fee shall be discontinued. (2) The amount of the tax per access line or its equivalent imposed within a jurisdiction pursuant to K.S.A. 12-5302, and amendments thereto, and the amount of the VoIP enhanced 911 local fee per VoIP subscriber whose primary residence is within such jurisdiction shall be an equal amount per month. (3) The provisions of K.S.A. 2010 Supp. 12-5354 and 12-5355, and amendments thereto, shall expire. (b) On and after July 1, 2011, the proceeds of the VoIP local fee shall be used only to pay for costs of emergency telephone service described in K.S.A. 12-5304, and amendments thereto, and expenditures authorized by K.S.A. 2010 Supp. 12-5330, and amendments thereto. Sec. 23. On and after July 1, 2011, K.S.A. 2010 Supp. 45-221, as amended by section 192 of 2011 House Bill No. 2339, is hereby amended to read as follows: 45-221. (a) Except to the extent disclosure is otherwise required by law, a public agency shall not be required to disclose: (1) Records the disclosure of which is specifically prohibited or restricted by federal law, state statute or rule of the Kansas supreme court or rule of the senate committee on confirmation over Kansas Secretary of State 2011
sight relating to information submitted to the committee pursuant to K.S.A. 2010 Supp. 75-4315d, and amendments thereto, or the disclosure of which is prohibited or restricted pursuant to specific authorization of federal law, state statute or rule of the Kansas supreme court or rule of the senate committee on confirmation oversight relating to information submitted to the committee pursuant to K.S.A. 2010 Supp. 75-4315d, and amendments thereto, to restrict or prohibit disclosure. (2) Records which are privileged under the rules of evidence, unless the holder of the privilege consents to the disclosure. (3) Medical, psychiatric, psychological or alcoholism or drug dependency treatment records which pertain to identifiable patients. (4) Personnel records, performance ratings or individually identifiable records pertaining to employees or applicants for employment, except that this exemption shall not apply to the names, positions, salaries or actual compensation employment contracts or employment-related contracts or agreements and lengths of service of officers and employees of public agencies once they are employed as such. (5) Information which would reveal the identity of any undercover agent or any informant reporting a specific violation of law. (6) Letters of reference or recommendation pertaining to the character or qualifications of an identifiable individual, except documents relating to the appointment of persons to fill a vacancy in an elected office. (7) Library, archive and museum materials contributed by private persons, to the extent of any limitations imposed as conditions of the contribution. (8) Information which would reveal the identity of an individual who lawfully makes a donation to a public agency, if anonymity of the donor is a condition of the donation, except if the donation is intended for or restricted to providing remuneration or personal tangible benefit to a named public officer or employee. (9) Testing and examination materials, before the test or examination is given or if it is to be given again, or records of individual test or examination scores, other than records which show only passage or failure and not specific scores. (10) Criminal investigation records, except as provided herein. The district court, in an action brought pursuant to K.S.A. 45-222, and amendments thereto, may order disclosure of such records, subject to such conditions as the court may impose, if the court finds that disclosure: (A) Is in the public interest; (B) would not interfere with any prospective law enforcement action, criminal investigation or prosecution; (C) would not reveal the identity of any confidential source or undercover agent; (D) would not reveal confidential investigative techniques or procedures not known to the general public; (E) would not endanger the life or physical safety of any person; and (F) would not reveal the name, address, phone number or any other information which specifically and individually identifies the victim of any sexual offense in article 35 of chapter 21 of the Kansas Statutes Annotated, prior to their repeal, or sections 65 through 77 or 229 through 231 of chapter 136 of the 2010 Session Laws of Kansas, and amendments thereto. If a public record is discretionarily closed by a public agency pursuant to this subsection, the record custodian, upon request, shall provide a written citation to the specific provisions of paragraphs (A) through (F) that necessitate closure of that public record. (11) Records of agencies involved in administrative adjudication or civil litigation, compiled in the process of detecting or investigating violations of civil law or administrative rules and regulations, if disclosure would interfere with a prospective administrative adjudication or civil litigation or reveal the identity of a confidential source or undercover agent. (12) Records of emergency or security information or procedures of a public agency, or plans, drawings, specifications or related information for any building or facility which is used for purposes requiring security measures in or around the building or facility or which is used for the generation or transmission of
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power, water, fuels or communications, if disclosure would jeopardize security of the public agency, building or facility. (13) The contents of appraisals or engineering or feasibility estimates or evaluations made by or for a public agency relative to the acquisition of property, prior to the award of formal contracts therefor. (14) Correspondence between a public agency and a private individual, other than correspondence which is intended to give notice of an action, policy or determination relating to any regulatory, supervisory or enforcement responsibility of the public agency or which is widely distributed to the public by a public agency and is not specifically in response to communications from such a private individual. (15) Records pertaining to employer-employee negotiations, if disclosure would reveal information discussed in a lawful executive session under K.S.A. 75-4319, and amendments thereto. (16) Software programs for electronic data processing and documentation thereof, but each public agency shall maintain a register, open to the public, that describes: (A) The information which the agency maintains on computer facilities; and (B) the form in which the information can be made available using existing computer programs. (17) Applications, financial statements and other information submitted in connection with applications for student financial assistance where financial need is a consideration for the award. (18) Plans, designs, drawings or specifications which are prepared by a person other than an employee of a public agency or records which are the property of a private person. (19) Well samples, logs or surveys which the state corporation commission requires to be filed by persons who have drilled or caused to be drilled, or are drilling or causing to be drilled, holes for the purpose of discovery or production of oil or gas, to the extent that disclosure is limited by rules and regulations of the state corporation commission. (20) Notes, preliminary drafts, research data in the process of analysis, unfunded grant proposals, memoranda, recommendations or other records in which opinions are expressed or policies or actions are proposed, except that this exemption shall not apply when such records are publicly cited or identified in an open meeting or in an agenda of an open meeting. (21) Records of a public agency having legislative powers, which records pertain to proposed legislation or amendments to proposed legislation, except that this exemption shall not apply when such records are: (A) Publicly cited or identified in an open meeting or in an agenda of an open meeting; or (B) distributed to a majority of a quorum of any body which has authority to take action or make recommendations to the public agency with regard to the matters to which such records pertain. (22) Records of a public agency having legislative powers, which records pertain to research prepared for one or more members of such agency, except that this exemption shall not apply when such records are: (A) Publicly cited or identified in an open meeting or in an agenda of an open meeting; or (B) distributed to a majority of a quorum of any body which has authority to take action or make recommendations to the public agency with regard to the matters to which such records pertain. (23) Library patron and circulation records which pertain to identifiable individuals. (24) Records which are compiled for census or research purposes and which pertain to identifiable individuals. (25) Records which represent and constitute the work product of an attorney. (26) Records of a utility or other public service pertaining to individually identifiable residential customers of the utility or service, except that information concerning billings for specific individual customers named by the requester shall be subject to disclosure as provided by this act. (27) Specifications for competitive bidding, until the specifications are officially approved by the public agency. (28) Sealed bids and related documents, until a bid is accepted or all bids rejected.
(29) Correctional records pertaining to an identifiable inmate or release, except that: (A) The name; photograph and other identifying information; sentence data; parole eligibility date; custody or supervision level; disciplinary record; supervision violations; conditions of supervision, excluding requirements pertaining to mental health or substance abuse counseling; location of facility where incarcerated or location of parole office maintaining supervision and address of a releasee whose crime was committed after the effective date of this act shall be subject to disclosure to any person other than another inmate or releasee, except that the disclosure of the location of an inmate transferred to another state pursuant to the interstate corrections compact shall be at the discretion of the secretary of corrections; (B) the ombudsman of corrections, the attorney general, law enforcement agencies, counsel for the inmate to whom the record pertains and any county or district attorney shall have access to correctional records to the extent otherwise permitted by law; (C) the information provided to the law enforcement agency pursuant to the sex offender registration act, K.S.A. 22-4901 et seq., and amendments thereto, shall be subject to disclosure to any person, except that the name, address, telephone number or any other information which specifically and individually identifies the victim of any offender required to register as provided by the Kansas offender registration act, K.S.A. 22-4901 et seq., and amendments thereto, shall not be disclosed; and (D) records of the department of corrections regarding the financial assets of an offender in the custody of the secretary of corrections shall be subject to disclosure to the victim, or such victims family, of the crime for which the inmate is in custody as set forth in an order of restitution by the sentencing court. (30) Public records containing information of a personal nature where the public disclosure thereof would constitute a clearly unwarranted invasion of personal privacy. (31) Public records pertaining to prospective location of a business or industry where no previous public disclosure has been made of the business or industrys interest in locating in, relocating within or expanding within the state. This exception shall not include those records pertaining to application of agencies for permits or licenses necessary to do business or to expand business operations within this state, except as otherwise provided by law. (32) Engineering and architectural estimates made by or for any public agency relative to public improvements. (33) Financial information submitted by contractors in qualification statements to any public agency. (34) Records involved in the obtaining and processing of intellectual property rights that are expected to be, wholly or partially vested in or owned by a state educational institution, as defined in K.S.A. 76-711, and amendments thereto, or an assignee of the institution organized and existing for the benefit of the institution. (35) Any report or record which is made pursuant to K.S.A. 654922, 65-4923 or 65-4924, and amendments thereto, and which is privileged pursuant to K.S.A. 65-4915 or 65-4925, and amendments thereto. (36) Information which would reveal the precise location of an archeological site. (37) Any financial data or traffic information from a railroad company, to a public agency, concerning the sale, lease or rehabilitation of the railroads property in Kansas. (38) Risk-based capital reports, risk-based capital plans and corrective orders including the working papers and the results of any analysis filed with the commissioner of insurance in accordance with K.S.A. 40-2c20 and 40-2d20, and amendments thereto. (39) Memoranda and related materials required to be used to support the annual actuarial opinions submitted pursuant to subsection (b) of K.S.A. 40-409, and amendments thereto. (40) Disclosure reports filed with the commissioner of insurance under subsection (a) of K.S.A. 40-2,156, and amendments thereto. (41) All financial analysis ratios and examination synopses concerning insurance companies that are submitted to the commissioner by the national association of insurance commissioners insurance regulatory information system.
(continued)
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(42) Any records the disclosure of which is restricted or prohibited by a tribal-state gaming compact. (43) Market research, market plans, business plans and the terms and conditions of managed care or other third party contracts, developed or entered into by the university of Kansas medical center in the operation and management of the university hospital which the chancellor of the university of Kansas or the chancellors designee determines would give an unfair advantage to competitors of the university of Kansas medical center. (44) The amount of franchise tax paid to the secretary of revenue or the secretary of state by domestic corporations, foreign corporations, domestic limited liability companies, foreign limited liability companies, domestic limited partnership, foreign limited partnership, domestic limited liability partnerships and foreign limited liability partnerships. (45) Records, other than criminal investigation records, the disclosure of which would pose a substantial likelihood of revealing security measures that protect: (A) Systems, facilities or equipment used in the production, transmission or distribution of energy, water or communications services; (B) transportation and sewer or wastewater treatment systems, facilities or equipment; or (C) private property or persons, if the records are submitted to the agency. For purposes of this paragraph, security means measures that protect against criminal acts intended to intimidate or coerce the civilian population, influence government policy by intimidation or coercion or to affect the operation of government by disruption of public services, mass destruction, assassination or kidnapping. Security measures include, but are not limited to, intelligence information, tactical plans, resource deployment and vulnerability assessments. (46) Any information or material received by the register of deeds of a county from military discharge papers (DD Form 214). Such papers shall be disclosed: To the military dischargee; to such dischargees immediate family members and lineal descendants; to such dischargees heirs, agents or assigns; to the licensed funeral director who has custody of the body of the deceased dischargee; when required by a department or agency of the federal or state government or a political subdivision thereof; when the form is required to perfect the claim of military service or honorable discharge or a claim of a dependent of the dischargee; and upon the written approval of the commissioner of veterans affairs, to a person conducting research. (47) Information that would reveal the location of a shelter or a safehouse or similar place where persons are provided protection from abuse or the name, address, location or other contact information of alleged victims of stalking, domestic violence or sexual assault. (48) Policy information provided by an insurance carrier in accordance with subsection (h)(1) of K.S.A. 44-532, and amendments thereto. This exemption shall not be construed to preclude access to an individual employers record for the purpose of verification of insurance coverage or to the department of labor for their business purposes. (49) An individuals e-mail address, cell phone number and other contact information which has been given to the public agency for the purpose of public agency notifications or communications which are widely distributed to the public. (50) Information provided by providers to the local collection point administrator or to the 911 coordinating council pursuant to the Kansas 911 act, and amendments thereto, upon request of the party submitting such records. (b) Except to the extent disclosure is otherwise required by law or as appropriate during the course of an administrative proceeding or on appeal from agency action, a public agency or officer shall not disclose financial information of a taxpayer which may be required or requested by a county appraiser or the director of property valuation to assist in the determination of the value of the taxpayers property for ad valorem taxation purposes; or any financial information of a personal nature required or requested by a public agency or officer, including a name, job description or title revealing the salary or other compensation of officers, employees or applicants for employment with a firm, corporation or agency, except a public agency. Nothing contained herein shall be construed to prohibit the publication of statistics, so classified as
to prevent identification of particular reports or returns and the items thereof. (c) As used in this section, the term cited or identified shall not include a request to an employee of a public agency that a document be prepared. (d) If a public record contains material which is not subject to disclosure pursuant to this act, the public agency shall separate or delete such material and make available to the requester that material in the public record which is subject to disclosure pursuant to this act. If a public record is not subject to disclosure because it pertains to an identifiable individual, the public agency shall delete the identifying portions of the record and make available to the requester any remaining portions which are subject to disclosure pursuant to this act, unless the request is for a record pertaining to a specific individual or to such a limited group of individuals that the individuals identities are reasonably ascertainable, the public agency shall not be required to disclose those portions of the record which pertain to such individual or individuals. (e) The provisions of this section shall not be construed to exempt from public disclosure statistical information not descriptive of any identifiable person. (f) Notwithstanding the provisions of subsection (a), any public record which has been in existence more than 70 years shall be open for inspection by any person unless disclosure of the record is specifically prohibited or restricted by federal law, state statute or rule of the Kansas supreme court or by a policy adopted pursuant to K.S.A. 72-6214, and amendments thereto. (g) Any confidential records or information relating to security measures provided or received under the provisions of subsection (a)(45) shall not be subject to subpoena, discovery or other demand in any administrative, criminal or civil action. Sec. 24. On and after July 1, 2011, K.S.A. 2010 Supp. 75-5133, as amended by section 276 of 2011 House Bill No. 2339, is hereby amended to read as follows: 75-5133. (a) Except as otherwise more specifically provided by law, all information received by the secretary of revenue, the director of taxation or the director of alcoholic beverage control from returns, reports, license applications or registration documents made or filed under the provisions of any law imposing any sales, use or other excise tax administered by the secretary of revenue, the director of taxation, or the director of alcoholic beverage control, or from any investigation conducted under such provisions, shall be confidential, and it shall be unlawful for any officer or employee of the department of revenue to divulge any such information except in accordance with other provisions of law respecting the enforcement and collection of such tax, in accordance with proper judicial order or as provided in K.S.A. 74-2424, and amendments thereto. (b) The secretary of revenue or the secretarys designee may: (1) Publish statistics, so classified as to prevent identification of particular reports or returns and the items thereof; (2) allow the inspection of returns by the attorney general or the attorney generals designee; (3) provide the post auditor access to all such excise tax reports or returns in accordance with and subject to the provisions of subsection (g) of K.S.A. 46-1106, and amendments thereto; (4) disclose taxpayer information from excise tax returns to persons or entities contracting with the secretary of revenue where the secretary has determined disclosure of such information is essential for completion of the contract and has taken appropriate steps to preserve confidentiality; (5) provide information from returns and reports filed under article 42 of chapter 79 of the Kansas Statutes Annotated, and amendments thereto, to county appraisers as is necessary to insure proper valuations of property. Information from such returns and reports may also be exchanged with any other state agency administering and collecting conservation or other taxes and fees imposed on or measured by mineral production; (6) provide, upon request by a city or county clerk or treasurer or finance officer of any city or county receiving distributions from a local excise tax, monthly reports identifying each retailer doing business in such city or county or making taxable sales sourced to such city or county, setting forth the tax liability and the amount of such tax remitted by each retailer during the preceding month, and identifying each business location maintained by the retailer and such retailers sales or use tax registration or account number;
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(7) provide information from returns and applications for registration filed pursuant to K.S.A. 12-187, and amendments thereto, and K.S.A. 79-3601, and amendments thereto, to a city or county treasurer or clerk or finance officer to explain the basis of statistics contained in reports provided by subsection (b)(6); (8) disclose the following oil and gas production statistics received by the department of revenue in accordance with K.S.A. 794216 et seq., and amendments thereto: Volumes of production by well name, well number, operators name and identification number assigned by the state corporation commission, lease name, leasehold property description, county of production or zone of production, name of purchaser and purchasers tax identification number assigned by the department of revenue, name of transporter, field code number or lease code, tax period, exempt production volumes by well name or lease, or any combination of this information; (9) release or publish liquor brand registration information provided by suppliers, farm wineries and microbreweries in accordance with the liquor control act. The information to be released is limited to: Item number, universal numeric code, type status, product description, alcohol percentage, selling units, unit size, unit of measurement, supplier number, supplier name, distributor number and distributor name; (10) release or publish liquor license information provided by liquor licensees, distributors, suppliers, farm wineries and microbreweries in accordance with the liquor control act. The information to be released is limited to: County name, owner, business name, address, license type, license number, license expiration date and the process agent contact information; (11) release or publish cigarette and tobacco license information obtained from cigarette and tobacco licensees in accordance with the Kansas cigarette and tobacco products act. The information to be released is limited to: County name, owner, business name, address, license type and license number; (12) provide environmental surcharge or solvent fee, or both, information from returns and applications for registration filed pursuant to K.S.A. 65-34,150 and 65-34,151, and amendments thereto, to the secretary of health and environment or the secretarys designee for the sole purpose of ensuring that retailers collect the environmental surcharge tax or solvent fee, or both; (13) provide water protection fee information from returns and applications for registration filed pursuant to K.S.A. 82a-954, and amendments thereto, to the secretary of the state board of agriculture or the secretarys designee and the secretary of the Kansas water office or the secretarys designee for the sole purpose of verifying revenues deposited to the state water plan fund; (14) provide to the secretary of commerce copies of applications for project exemption certificates sought by any taxpayer under the enterprise zone sales tax exemption pursuant to subsection (cc) of K.S.A. 79-3606, and amendments thereto; (15) disclose information received pursuant to the Kansas cigarette and tobacco act and subject to the confidentiality provisions of this act to any criminal justice agency, as defined in subsection (c) of K.S.A. 22-4701, and amendments thereto, or to any law enforcement officer, as defined in section 11 of chapter 136 of the 2010 Session Laws of Kansas, and amendments thereto, on behalf of a criminal justice agency, when requested in writing in conjunction with a pending investigation; and (16) provide to retailers tax exemption information for the sole purpose of verifying the authenticity of tax exemption numbers issued by the department.; and (17) provide information concerning remittance by sellers, as defined in section 2, and amendments thereto, of prepaid wireless 911 fees from returns to the local collection point administrator, as defined in section 2, and amendments thereto, for purposes of verifying seller compliance with collection and remittance of such fees. (c) Any person receiving any information under the provisions of subsection (b) shall be subject to the confidentiality provisions of subsection (a) and to the penalty provisions of subsection (d). (d) Any violation of this section shall be a class A, nonperson misdemeanor, and if the offender is an officer or employee of this state, such officer or employee shall be dismissed from office. Reports of violations of this paragraph shall be investigated by the attorney general. The district attorney or county attorney and the attorney general shall have authority to prosecute any violation of
this section if the offender is a city or county clerk or treasurer or finance officer of a city or county. New Sec. 25. The provisions of this act are declared to be severable and if any provision, word, phrase or clause of the act or the application thereof to any person shall be held invalid, such invalidity shall not affect the validity of the remaining portions of this act. Sec. 26. K.S.A. 12-5309 and K.S.A. 2010 Supp. 12-5327, 12-5338 and 12-5361 are hereby repealed. Sec. 27. From and after July 1, 2011, K.S.A. 2010 Supp. 45-221, as amended by section 192 of 2011 House Bill No. 2339 and 755133, as amended by section 276 of 2011 House Bill No. 2339 are hereby repealed. Sec. 28. From and after January 1, 2012, K.S.A. 12-5303, 12-5305, 12-5306, 12-5307, 12-5308 and K.S.A. 2010 Supp. 12-5301, 12-5302, 12-5304, 12-5310, 12-5321, 12-5322, 12-5323, 12-5324, 12-5325, 125326, 12-5327, 12-5328, 12-5329, 12-5330, 12-5331, 12-5332, 12-5333, 12-5334, 12-5335, 12-5336, 12-5337, 12-5351, 12-5352, 12-5353, 125354, 12-5355, 12-5356, 12-5357, 12-5358, 12-5359 and 12-5360 are hereby repealed. Sec. 29. This act shall take effect and be in force from and after its publication in the Kansas register.
SENATE BILL No. 93

AN ACT concerning racial or other biased-based policing; amending K.S.A. 22-4606, 22-4609, 22-4610 and 22-4611 and repealing the existing sections; also repealing K.S.A. 22-4604 and 22-4608. Be it enacted by the Legislature of the State of Kansas: Section 1. K.S.A. 22-4606 is hereby amended to read as follows: 22-4606. As used in this act: (a) Governmental unit means the state, or any county, city or other political subdivision thereof, or any department, division, board or other agency of any of the foregoing, except governmental unit shall not include the board of education of any school district employing school security officers. (b) Law enforcement agency means the governmental unit employing the law enforcement officer. (c) Law enforcement officer has the meaning ascribed thereto in K.S.A. 74-5602, and amendments thereto, except law enforcement officer shall not include school security officers designated as school law enforcement officers pursuant to K.S.A. 72-8222, and amendments thereto. (d) Racial profiling means the practice of a law enforcement officer or agency relying, as the sole factor, on race, ethnicity, national origin, gender or religious dress in selecting which individuals to subject to routine investigatory activities, or in deciding upon the scope and substance of law enforcement activity following the initial routine investigatory activity. Racial profiling does not include reliance on such criteria in combination with other identifying factors when the law enforcement officer or agency is seeking to apprehend a specific suspect whose race, ethnicity, national origin, gender or religious dress is part of the description of the suspect. Racial or other biased-based policing means the unreasonable use of race, ethnicity, national origin, gender or religion by a law enforcement officer in deciding to initiate an enforcement action. It is not racial or other biased-based policing when race, ethnicity, national origin, gender or religion is used in combination with other identifying factors as part of a specific individual description to initiate an enforcement action. (e) Routine investigatory activities includes, but is not limited to, the following activities conducted by law enforcement officers and agencies in conjunction with traffic stops: (1) Frisks and other types of body searches, and (2) consensual or nonconsensual searches of persons or possessions, including vehicles, dormitory rooms, school lockers, homes and apartments. Enforcement action means any law enforcement act, as described in K.S.A. 22-4609, and amendments thereto, during a nonconsensual contact with an individual or individuals.
(continued)
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(f) Collection of data means that information collected by Kansas law enforcement officers after each traffic stop. Sec. 2. K.S.A. 22-4609 is hereby amended to read as follows: 224609. The race, ethnicity, national origin, gender or religious dress of an individual or group shall not be the sole factor in It is unlawful to use racial or other biased-based policing in: (a) Determining the existence of probable cause to take into custody or to arrest an individual or in; (b) constituting a reasonable and articulable suspicion that an offense has been or is being committed so as to justify the detention of an individual or the investigatory stop of a vehicle; or (c) determining the existence of probable cause to conduct a search of an individual or a conveyance. Sec. 3. K.S.A. 22-4610 is hereby amended to read as follows: 224610. (a) All law enforcement agencies in this state shall adopt a detailed, written policy to preempt racial profiling or other biasedbased policing. Each agencys policy shall include the definition of racial profiling or other biased-based policing found in K.S.A. 22-4606, and amendments thereto. (b) Policies adopted pursuant to this section shall be implemented by all Kansas law enforcement agencies within one year after the effective date of this act. The policies and data collection procedures shall be available for public inspection during normal business hours. (c) The policies adopted pursuant to this section shall include, but not be limited to, the following: (1) A prohibition of racial profiling. A detailed written policy that prohibits racial or other biased-based policing and that clearly defines acts constituting racial or other biased-based policing using language that has been recommended by the attorney general. (2) Annual educational training which shall include, but not be limited to, an understanding of the historical and cultural systems that perpetuate racial profiling, assistance in identifying racial profiling practices, and providing officers with self-evaluation strategies to preempt racial profiling prior to stopping a citizen. (2) (A) The agency policies shall require annual racial or other biasedbased policing training which shall include, but not be limited to, training relevant to racial or other biased-based policing. Distance learning training technology shall be allowed for racial or other biased-based policing training. (B) Law enforcement agencies may appoint an advisory body of not less than five persons composed of representatives of law enforcement, community leaders and educational leaders to recommend and review appropriate training curricula. (3) (A) For law enforcement agencies of cities of the first class, establishment or use of current independent citizen of cities or counties that have exercised the option to establish community advisory boards pursuant to section 6, and amendments thereto, use of such community advisory boards which include participants who reflect the racial and ethnic community, to advise and assist in policy development, education and community outreach and communications related to racial profiling or other biased-based policing by law enforcement officers and agencies. (B) Community advisory boards shall receive training on fair and impartial policing and comprehensive plans for law enforcement agencies. (4) Policies for discipline of law enforcement officers and agencies who engage in racial profiling or other biased-based policing. (5) A provision that, if the investigation of a complaint of racial profiling or other biased-based policing reveals the officer was in direct violation of the law enforcement agencys written policies regarding racial profiling or other biased-based policing, the employing law enforcement agency shall take appropriate action consistent with applicable laws, rules and regulations, resolutions, ordinances or policies, including demerits, suspension or removal of the officer from the agency. (6) Provisions for community outreach and communications efforts to inform the public of the individuals right to file with the law enforcement agency or the Kansas human rights commission office of the attorney general complaints regarding racial profiling or other biased-based policing, which outreach and communications to the community shall include ongoing efforts to notify the public of the law enforcement agencys complaint process. (7) Procedures for individuals to file complaints of racial profiling or other biased-based policing with the agency, which, if appro Kansas Secretary of State 2011
priate, may provide for use of current procedures for addressing such complaints. (d) (1) Each law enforcement agency shall compile an annual report of all complaints of racial profiling received for the period of July 1 to June 30 and shall submit the report on or before January July 31 to the office of the attorney general for review. The annual report shall include: (1) The date the complaint is filed; (2) action taken in response to the complaint; (3) the decision upon disposition of the complaint; and (4) the date the complaint is closed. Annual reports filed pursuant to this subsection shall be open public records and shall be posted on the official website of the attorney general. (2) The annual report shall include: (A) The number of racial or other biased-based policing complaints received; (B) the date each racial or other biased-based policing complaint is filed; (C) action taken in response to each racial or other biased-based policing complaint; (D) the disposition of each racial or other biased-based policing complaint; (E) the date each racial or other biased-based policing complaint is closed; (F) whether or not all agency law enforcement officers not exempted by Kansas commission on peace officers standards and training received the training required in subsection (c)(2)(A); (G) whether the agency has a policy prohibiting racial or other biasedbased policing; (H) whether the agency policy mandates specific discipline for sustained complaints of racial or other biased-based policing; (I) whether the agency has a community advisory board; and (J) whether the agency has a racial or other biased-based policing comprehensive plan or if it collects traffic or pedestrian stop data. Sec. 4. K.S.A. 22-4611 is hereby amended to read as follows: 224611. (a) Any person who believes such person has been subjected to racial profiling or other biased-based policing by a law enforcement officer or agency may file a complaint with the law enforcement agency. The complainant may also file a complaint with the Kansas human rights commission office of the attorney general. The office of the attorney general commission shall review and, if necessary, investigate the complaint and may find there is insufficient evidence of racial or other biased-based policing or may forward the complaint for further review and possible action to the Kansas commission on peace officers standards and training. The commission shall review and, if necessary, further investigate the complaint. The commission may take action on the officers certification or other corrective action as allowed by its governing statutes and rules and regulations. The commissions designee commission shall consult with the head of the law enforcement agency before making taking final recommendations action regarding discipline of any law enforcement officer or other disposition of the complaint. (b) Within 10 days of receiving a complaint, the office of the attorney general shall provide notification that such complaint has been filed to the accused officer and to the head of the accused officers law enforcement agency, including a copy of all complaint documentation submitted by the complainant. (b) (c) Upon disposition of a complaint as provided for in subsection (a) the complainant shall have a civil cause of action in the district court against the law enforcement officer or law enforcement agency, or both, and shall be entitled to recover damages if it is determined by the court that such persons officer or agency engaged in racial profiling or other biased-based policing. The court may allow the prevailing party reasonable attorney fees and court costs. New Sec. 5. (a) The governing body of a city or the sheriff of the county may develop a comprehensive plan in conjunction with a community advisory board, if one exists, or with community leaders to prevent racial or other biased-based policing or may require the law enforcement agency of such city or county to collect traffic or pedestrian stop data and make such data available to the public. (b) Any comprehensive plan adopted pursuant to this section shall include the following: (1) Policies prohibiting racial or other biased-based policing to guide well-meaning officers and address racist officers;
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(2) policies to promote the recruitment and hiring of a diverse workforce to ensure the workforce is comprised of people who can police in a race-neutral and nonbiased fashion; (3) training to promote employees controlled responses to override racial and other biases; (4) ongoing training of supervisors to enable them to detect and respond effectively to biased behavior; (5) implement a style of policing that promotes positive interactions between police officers and all communities; (6) whether or not the governing body or sheriff has included data collection as part of the comprehensive plan; and (7) other matters deemed appropriate. (c) Data collection, if required , may consist of, but shall not be limited to, one or more of the following for every vehicle or pedestrian stop: (1) Originating agency and officer identifier number; (2) time and date of the stop; (3) duration of the stop in ranges of one to 15 minutes, 16 to 30 minutes or more than 30 minutes; (4) beat, district, territory or response area where the traffic stop is conducted; (5) primary reason for the officers investigation, and specifically, whether the stop was call related or self initiated; (6) primary reason for the stop, and specifically, whether the stop was based on a moving violation, an equipment violation, reasonable suspicion of a criminal offense, other violation, to render service or assistance, suspicious circumstances, pre-existing knowledge or special detail; (7) if a vehicle stop, the county code of vehicle registration, if registered in Kansas, and state code, if registered outside Kansas; (8) age, race, gender and ethnicity of the primary person stopped by the officer;
(9) source of the information required by paragraph (8), and specifically, whether it was obtained from officer perception or investigation; (10) whether the officer was aware of the information required by paragraph (8) prior to the stop; (11) if a vehicle stop, the number of occupants in the stopped vehicle, including the driver; (12) type of action taken, including citation, warning, search, arrest, assistance provided or no action. If the action taken is an arrest, the data collection shall also include the type of arrest, including warrant, resisting arrest, property crime, persons crime, drug crime, traffic crime, DUI or other type of arrest; (13) if a search was conducted, the rationale for the search, including vehicle indicators, verbal indicators, physical or visual indicators, document indicators (DOT), incident to arrest or other rationale; (14) if a search was conducted, the type of search, including consent search, consent requested but consent denied, inventory, stop and frisk, search warrant, incident to arrest, plain view or probable cause; or (15) if a search was conducted, the type of contraband seized, if any, including currency, firearms, other weapons, drugs, drug paraphernalia, alcohol products, tobacco products, stolen property or other contraband. (d) Nothing in this section shall require a governmental entity to collect data concerning pedestrian stops. New Sec. 6. The governing body of any city, by ordinance or the sheriff of any county may, establish a community advisory board to work with the law enforcement agency of such city or county in accordance with the provisions of K.S.A. 22-4606 et seq., and amendments thereto. Sec. 7. K.S.A. 22-4604, 22-4606, 22-4608, 22-4609, 22-4610 and 22-4611 are hereby repealed. Sec. 8. This act shall take effect and be in force from and after its publication in the Kansas register.
V. 30, p. 411 V. 30, p. 411 V. 29, p. 1023 V. 29, p. 1023 V. 29, p. 254 V. 29, p. 255 V. 29, p. 255 V. 29, p. 255 V. 29, p. 255 V. 29, p. 256 V. 29, p. 256 V. 29, p. 256-258 V. 29, p. 258 V. 29, p. 259 V. 29, p. 259 V. 29, p. 259 V. 29, p. 259 V. 29, p. 260 V. 29, p. 260 V. 29, p. 260 V. 29, p. 261 V. 29, p. 69 V. 29, p. 69 V. 29, p. 71 V. 29, p. 71 V. 29, p. 71 V. 29, p. 72 V. 29, p. 72 V. 29, p. 72 V. 29, p. 72 V. 29, p. 72 V. 29, p. 72 V. 29, p. 72 V. 29, p. 1242 V. 29, p. 1243-1245 V. 29, p. 1246 V. 29, p. 1246 4-13-25k 4-13-25l 4-13-25m 4-13-30 4-13-33 4-13-62 4-27-1 through 4-27-22 4-28-1 4-28-2 4-28-8 4-28-11 4-28-12 4-28-18 through 4-28-30 Amended Amended New Amended Amended Amended New Amended Amended Amended Amended Amended New V. 29, p. 1246 V. 29, p. 1247 V. 29, p. 1247 V. 29, p. 72 V. 29, p. 73 V. 29, p. 73 V. 29, p. 706-720 V. 29, p. 720 V. 29, p. 720 V. 29, p. 721 V. 29, p. 722 V. 29, p. 722 V. 29, p. 723-725
AGENCY 4: DEPARTMENT OF AGRICULTURE Reg. No. 4-3-47 4-3-47 Action Amended (T) Amended Register V. 30, p. 25 V. 30, p. 411
4-3-48 4-3-50 4-7-213 4-7-716 4-10-1 4-10-1a 4-10-1b 4-10-2a through 4-10-2d 4-10-2e 4-10-2f through 4-10-2k 4-10-4 4-10-4a through 4-10-4f 4-10-5a 4-10-6 4-10-6a 4-10-6b 4-10-7 4-10-10 4-10-15 4-10-16 4-10-17 4-13-2 4-13-3 4-13-9 4-13-14 4-13-16 4-13-17 4-13-18 4-13-20 4-13-21 4-13-22 4-13-23 4-13-24 4-13-25 4-13-25b through 4-13-25h 4-13-25i 4-13-25j
Revoked Amended Amended Amended Amended New New Revoked Amended Revoked Revoked New Amended Revoked New New Amended New Revoked Amended Revoked Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked Amended Amended Amended Amended Revoked Amended
AGENCY 5: DEPARTMENT OF AGRICULTUREDIVISION OF WATER RESOURCES Reg. No. 5-1-4 5-1-9 5-3-23 5-3-23 5-4-1 5-4-1a 5-7-1 5-17-2 5-21-4 5-22-7 5-25-5 5-25-15 Reg. No. 7-16-1 7-16-1 Reg. No. 9-7-4 9-7-4 Action Amended Amended Amended (T) Amended Amended New Amended Amended Amended Amended Amended Amended Action Amended (T) Amended Action Amended (T) Amended Register V. 29, p. 652 V. 29, p. 653 V. 29, p. 1338 V. 29, p. 1598 V. 29, p. 1476 V. 29, p. 1477 V. 29, p. 653 V. 29, p. 654 V. 30, p. 369 V. 29, p. 596 V. 29, p. 1598 V. 29, p. 654 Register V. 29, p. 1115 V. 29, p. 1281 Register V. 29, p. 703 V. 29, p. 1336
(continued)
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9-27-1 Amended V. 29, p. 1337 AGENCY 14: DEPARTMENT OF REVENUE DIVISION OF ALCOHOLIC BEVERAGE CONTROL 14-6-2a Revoked V. 29, p. 1306 14-6-3 Revoked V. 29, p. 1306 14-6-4 Amended V. 29, p. 1306 14-11-1 New V. 29, p. 1307 14-11-4 New V. 29, p. 1307 14-11-5 Amended V. 29, p. 1307 14-11-6 Amended V. 29, p. 1307 14-11-7 Amended V. 29, p. 1307 14-11-9 Amended V. 29, p. 1307 14-11-10a Revoked V. 29, p. 1307 14-11-10b Revoked V. 29, p. 1308 14-11-10d Revoked V. 29, p. 1308 14-11-11 Revoked V. 29, p. 1633 14-11-14 Revoked V. 29, p. 1308 14-11-15 Amended V. 29, p. 1308 14-11-16 Amended V. 29, p. 1308 14-11-22 New V. 29, p. 1633 14-11-23 through 14-11-29 New V. 29, P. 1308-1310 14-11-27 Revoked V. 29, p. 1730 14-16-25 New V. 29, p. 1310 14-19-27 Amended V. 29, p. 1310 14-19-38 New V. 29, p. 1311 14-19-39 New V. 29, p. 1311 14-20-29 Amended V. 29, p. 1311 14-20-40 New V. 29, p. 1312 14-20-41 New V. 29, p. 1312 14-21-12 Amended V. 29, p. 1313 14-21-21 New V. 29, p. 1313 14-21-22 New V. 29, p. 1313 14-23-2 Amended V. 29, p. 1314 14-23-5 Amended V. 29, p. 1314 14-23-8 Amended V. 29, p. 1314 14-23-10 Amended V. 29, p. 1315 14-24-1 through 14-24-6 Revoked V. 29, p. 1315 AGENCY 16: KANSAS ATTORNEY GENERAL Reg. No. 16-11-1 through 16-11-5 16-11-6 16-11-7 16-11-8 Action Register
Kansas Register
28-1-31 28-1-32 28-4-92 28-4-92 28-4-370 through 28-4-379 28-4-503 28-4-505 28-4-514 28-4-520 28-4-521 28-4-1300 through 28-4-1318 28-16-28g 28-19-200a 28-19-202 28-19-325 28-19-350 28-19-517 28-19-645a 28-19-712 28-19-712a through 28-19-712d 28-19-713 28-19-713a through 28-19-713d 28-19-720 28-19-728 28-19-728a through 28-19-728f 28-19-735 28-19-750 28-19-750a 28-21-1 28-21-6 28-21-7 28-21-8 28-21-9 28-21-10 28-21-11 28-21-20a 28-21-21a 28-21-22a 28-21-23a 28-21-24a 28-21-25a 28-21-26a 28-21-27a 28-21-28a 28-21-29a 28-21-30a 28-21-31a 28-21-32a 28-21-33a 28-21-34a 28-21-35a 28-21-40a 28-21-41a 28-21-42a 28-21-43a 28-21-44a 28-21-50a 28-21-51a 28-21-52a 28-21-53a 28-21-54a 28-21-55a 28-21-56a 28-21-57a 28-21-58a 28-21-59a 28-21-60a 28-21-61a 28-21-62a 28-21-63 28-21-64 28-21-70a 28-21-71a 28-21-72a New New Amended (T) Amended Revoked Amended Amended Amended New New New Amended New Amended New Amended Amended New (T) New New New New Amended Revoked Revoked Amended Amended Amended Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked V. 30, p. 370 V. 30, p. 370 V. 29, p. 1348 V. 29, p. 1705 V. 29, p. 1024 V. 29, p. 1662 V. 29, p. 1662 V. 29, p. 1663 V. 29, p. 1663 V. 29, p. 1663 V. 29, p. 1024-1032 V. 29, p. 181 V. 29, p. 1634 V. 29, p. 1509 V. 29, p. 1634 V. 29, p. 1635 V. 29, p. 1510 V. 30, p. 232 V. 29, p. 866 V. 29, p. 867 V. 29, p. 867 V. 29, p. 867, 868 V. 29, p. 1510 V. 29, p. 1511 V. 29, p. 1511 V. 29, p. 1511 V. 29, p. 1511 V. 29, p. 1511 V. 29, p. 725 V. 29, p. 725 V. 29, p. 725 V. 29, p. 725 V. 29, p. 725 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 28-21-82 through 28-21-85 28-23-4 28-23-9 28-23-10 28-23-20 through 28-23-24 28-23-26 through 28-23-32 28-23-34 through 28-23-36 28-23-41 through 28-23-55 28-23-70 28-23-71 28-23-73 28-23-75 28-23-78 through 28-23-80 28-31-1 28-31-2 28-31-3 28-31-4 28-31-5 28-31-6 28-31-7 28-31-8 28-31-8b 28-31-9 28-31-10 28-31-12 28-31-13 28-31-14 28-31-15 28-31-16 28-31-100 28-31-100a 28-31-100d 28-31-100e 28-31-100f 28-31-100p 28-31-100q 28-31-100r 28-31-100s 28-31-124 28-31-124a 28-31-124b 28-31-124c 28-31-124d 28-31-124e 28-31-260 28-31-260a 28-31-261 28-31-261a 28-31-262 28-31-262a 28-31-263 28-31-263a 28-31-264 28-31-264a 28-31-265 28-31-265a 28-31-266 28-31-267 28-31-267a 28-31-268 28-31-270 28-31-270a 28-31-273 28-31-279 28-31-279a 28-35-135l 28-35-135t 28-35-135w 28-35-175a 28-35-178b 28-35-178e 28-35-178j 28-35-180b
Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Amended Revoked Amended Revoked Revoked Revoked Revoked Amended Amended Amended Revoked Revoked Revoked New New New New New New New New New New New New New New New New New New New New New New New New New New New New New New New New New New New New Amended Amended Amended Amended Amended Amended Amended Amended
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AGENCY 28: DEPARTMENT OF HEALTH AND ENVIRONMENT Reg. No. 28-1-27 28-1-30 Action New New Register V. 30, p. 111 V. 30, p. 369
V. 29, p. 727 V. 30, p. 414 V. 30, p. 414 V. 30, p. 414 V. 30, p. 414 V. 30, p. 415 V. 30, p. 415 V. 30, p. 415 V. 30, p. 415 V. 30, p. 415 V. 30, p. 415 V. 30, p. 415 V. 30, p. 416 V. 30, p. 417 V. 30, p. 417 V. 30, p. 417 V. 30, p. 417 V. 30, p. 417 V. 30, p. 418 V. 30, p. 418 V. 30, p. 419 V. 30, p. 420 V. 30, p. 420 V. 30, p. 420 V. 30, p. 420 V. 30, p. 421 V. 30, p. 422 V. 30, p. 423 V. 30, p. 423 V. 30, p. 423 V. 30, p. 424 V. 30, p. 424 V. 30, p. 425 V. 30, p. 426 V. 30, p. 426 V. 30, p. 427 V. 30, p. 427 V. 30, p. 427 V. 30, p. 428 V. 30, p. 429 V. 30, p. 429 V. 30, p. 431 V. 30, p. 432 V. 30, p. 433 V. 30, p. 433 V. 30, p. 434 V. 30, p. 434 V. 30, p. 434 V. 30, p. 434 V. 30, p. 435 V. 30, p. 436 V. 30, p. 436 V. 30, p. 437 V. 30, p. 195 V. 30, p. 196 V. 30, p. 197 V. 30, p. 198 V. 30, p. 198 V. 30, p. 200 V. 30, p. 201 V. 30, p. 201
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28-35-181a 28-35-181e 28-35-181j 28-35-181m 28-35-181o 28-35-192b 28-35-192c 28-35-192d 28-35-192e 28-35-192g 28-35-194a 28-35-212a 28-35-216a 28-35-225b 28-35-231c 28-35-242 28-35-264 28-35-334 28-35-346 28-35-411 28-36-30 28-36-31 28-36-70 through 28-36-89 28-36-101 through 28-36-109 28-39-162 28-39-162a 28-39-162b 28-39-162c 28-43-1 through 28-43-11 28-46-1 28-46-2a 28-46-3 through 28-46-22 28-46-27 28-46-28 28-46-29 28-46-29a 28-46-30 28-46-30a 28-46-30b 28-46-31 28-46-33 28-46-34 28-46-35 28-46-40 28-46-41 28-46-44 28-46-45 28-53-1 28-53-2 28-53-4 28-61-1 28-61-2 28-61-3 28-61-4 28-61-5 28-61-8 28-72-1 28-72-1a 28-72-1c 28-72-1d 28-72-1e 28-72-1g 28-72-1h 28-72-1i 28-72-1k 28-72-1l 28-72-1m 28-72-1n 28-72-1o 28-72-1p 28-72-1r 28-72-1s 28-72-1t 28-72-1v 28-72-1x 28-72-2 28-72-3 Amended Revoked Amended Amended Amended Amended Amended Revoked Amended Amended Amended Amended Amended New Amended Amended Amended Amended Amended Amended Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Amended Amended Amended Amended Amended Amended New Amended New New Amended Amended Amended Amended Amended Amended Amended New Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked New New New New New New New New New New New New New New New New New New Amended Amended V. 30, p. 203 V. 30, p. 203 V. 30, p. 203 V. 30, p. 204 V. 30, p. 205 V. 30, p. 206 V. 30, p. 206 V. 30, p. 207 V. 30, p. 207 V. 30, p. 207 V. 30, p. 207 V. 30, p. 208 V. 30, p. 209 V. 30, p. 210 V. 30, p. 210 V. 30, p. 210 V. 30, P. 210 V. 30, p. 211 V. 30, p. 212 V. 30, p. 212 V. 29, p. 727 V. 29, p. 727 V. 29, p. 727 V. 29, p. 727 V. 29, p. 1777 V. 29, p. 1777 V. 29, p. 1777 V. 29, p. 1777 V. 29, p. 1137 V. 29, p. 1138 V. 29, p. 1138 V. 29, p. 1139-1141 V. 29, p. 1141 V. 29, p. 1141 V. 29, p. 1141 V. 29, p. 1142 V. 29, p. 1142 V. 29, p. 1142 V. 29, p. 1144 V. 29, p. 1144 V. 29, p. 1144 V. 29, p. 1145 V. 29, p. 1145 V. 29, p. 1145 V. 29, p. 1145 V. 29, p. 1145 V. 29, p. 1145 V. 30, p. 463 V. 30, p. 463 V. 30, p. 463 V. 29, p. 419 V. 30, p. 336 V. 30, p. 337 V. 30, p. 337 V. 29, p. 420 V. 29, p. 422 V. 29, p. 357 V. 29, p. 357 V. 29, p. 357 V. 29, p. 358 V. 29, p. 358 V. 29, p. 358 V. 29, p. 358 V. 29, p. 359 V. 29, p. 359 V. 29, p. 359 V. 29, p. 360 V. 29, p. 360 V. 29, p. 360 V. 29, p. 360 V. 29, p. 361 V. 29, p. 361 V. 29, p. 361 V. 29, p. 361 V. 29, p. 361 V. 29, p. 361 V. 29, p. 362
Kansas Register
28-72-4 28-72-4a 28-72-4b 28-72-4c 28-72-5 28-72-6 28-72-6a 28-72-7 28-72-7a 28-72-8 28-72-9 28-72-10 28-72-10a 28-72-11 28-72-12 28-72-13 28-72-14 28-72-15 28-72-16 28-72-17 28-72-18 28-72-18a 28-72-18b 28-72-18c 28-72-18d 28-72-18e 28-72-19 28-72-20 28-72-21 28-72-22 28-72-51 28-72-52 28-72-53 Amended Amended Revoked Amended Amended Amended New Amended New Amended Amended Amended New Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended V. 29, p. 362 V. 29, p. 366 V. 29, p. 368 V. 29, p. 368 V. 29, p. 369 V. 29, p. 370 V. 29, p. 371 V. 29, p. 373 V. 29, p. 373 V. 29, p. 374 V. 29, p. 375 V. 29, p. 376 V. 29, p. 377 V. 29, p. 378 V. 29, p. 378 V. 29, p. 379 V. 29, p. 379 V. 29, p. 380 V. 29, p. 380 V. 29, p. 381 V. 29, p. 382 V. 29, p. 383 V. 29, p. 384 V. 29, p. 384 V. 29, p. 385 V. 29, p. 386 V. 29, p. 387 V. 29, p. 387 V. 29, p. 387 V. 29, p. 388 V. 29, p. 388 V. 29, p. 389 V. 29, p. 389 Reg. No. 49-55-1 through 49-55-12 Action
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New
V. 29, p. 675, 676
AGENCY 66: BOARD OF TECHNICAL PROFESSIONS Reg. No. 66-8-6 66-10-1 66-12-1 66-14-10 Reg. No. 68-1-1b 68-2-22 68-7-11 68-7-21 68-20-10a 68-20-24 68-20-25 68-20-26 68-20-27 68-21-1 through 68-21-7 68-21-2 Reg. No. 71-5-1 through 71-5-6 71-5-7 through 71-5-13 Reg. No. 74-4-8 74-4-9 74-5-2 74-5-101 74-5-202 74-5-203 74-6-2 74-11-6 74-11-7 74-12-1 74-15-2 Action Amended Amended Amended Amended Action Amended Amended Amended New Amended New (T) New (T) New (T) New (T) New Amended Action Register V. 29, p. 794 V. 29, p. 794 V. 29, p. 794 V. 29, p. 794 Register V. 29, p. 465 V. 30, p. 537 V. 29, p. 1053 V. 29, p. 465 V. 30, p. 538 V. 30, p. 357 V. 30, p. 357 V. 30, p. 357 V. 30, p. 357 V. 29, p. 1417-1420 V. 30, p. 370 Register
AGENCY 40: KANSAS INSURANCE DEPARTMENT Reg. No. 40-1-37 40-1-48 40-3-33 40-3-43 40-4-43 40-7-26 40-7-27 40-9-23 40-10-16 Action Amended Amended Revoked Amended New New New New New Register V. 30, p. 193 V. 29, p. 1752 V. 30, p. 232 V. 29, p. 1337 V. 29, p. 703 V. 29, p. 1752 V. 29, p. 1753 V. 29, p. 1813 V. 30, p. 556
AGENCY 48: DEPARTMENT OF LABOR EMPLOYMENT SECURITY BOARD OF REVIEW Reg. No. 48-1-1 through 48-1-6 48-2-1 through 48-2-5 48-3-1 48-3-2 48-3-4 48-3-5 48-4-1 48-4-2 Action Register
Amended Amended Amended Amended Amended Amended Amended Amended
AGENCY 82: STATE CORPORATION COMMISSION Reg. No. 82-1-219 82-3-101a 82-3-311a 82-3-1100 through 82-3-1120 Action Amended New New New Register V. 29, p. 1099 V. 29, p. 1508 V. 29, p. 181 V. 29, p. 182-190
(continued)
Vol. 30, No. 21, May 26, 2011
664
82-4-2 82-4-3a 82-4-3d 82-4-3f 82-4-3n 82-4-3o 82-4-6a 82-4-8h 82-4-21 82-4-22 82-4-23 82-4-24a 82-4-26 82-4-26a 82-4-27 82-4-27a 82-4-27c 82-4-27e 82-4-28 82-4-28a 82-4-28b 82-4-30a 82-4-30a 82-4-31 82-4-32 82-4-33 82-4-35 82-4-35a 82-4-37 82-4-40 82-4-42 82-4-48 82-4-48a 82-4-53 82-4-54 82-4-55 82-4-56a 82-4-57 82-4-58 82-4-62 82-4-63 82-4-65 82-4-77 82-16-1 through 82-16-6 82-17-1 through 82-17-5 Reg. No. 88-24-1 88-28-1 88-28-6 88-30-1 Amended Amended Amended Amended New New Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked Revoked Revoked Amended (T) Amended Revoked Amended Amended Amended Amended Revoked Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked Amended Amended Amended New New Action Amended Amended Amended Amended V. 29, p. 1443 V. 29, p. 1443 V. 29, p. 1444 V. 29, p. 1390 V. 29, p. 1444 V. 29, p. 1445 V. 29, p. 1446 V. 29, p. 1446 V. 29, p. 1446 V. 29, p. 1446 V. 29, p. 1447 V. 29, p. 1447 V. 29, p. 1447 V. 29, p. 1447 V. 29, p. 1447 V. 29, p. 1448 V. 29, p. 1448 V. 29, p. 1449 V. 29, p. 1449 V. 29, p. 1449 V. 29, p. 1449 V. 29, p. 702 V. 29, p. 1392 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1451 V. 29, p. 1451 V. 29, p. 1451 V. 29, p. 1452 V. 29, p. 1452 V. 29, p. 1452 V. 29, p. 1453 V. 29, p. 1453 V. 29, p. 1453 V. 29, p. 1453 V. 29, p. 1453 V. 29, p. 1454 V. 29, p. 1598-1601 V. 29, p. 1136, 1137 Register V. 29, p. 1415 V. 30, p. 193 V. 29, p. 408 V. 30, p. 194
Kansas Register
AGENCY 94: COURT OF TAX APPEALS Reg. No. 94-2-1 through 94-2-21 94-5-1 through 94-5-25 Action Register 109-5-1e 109-5-1f 109-5-1f 109-5-3 109-5-4 109-5-7a 109-5-7a 109-5-7b 109-5-7b 109-5-7d 109-5-7d 109-6-1 109-6-2 109-8-1 109-8-1 109-10-1a 109-10-1a 109-10-1b 109-10-1b 109-10-1d 109-10-1d 109-10-1e 109-10-1e 109-10-1f 109-10-1f 109-10-1g 109-10-1g 109-10-6 109-10-6 109-10-7 109-11-1 109-11-1a 109-11-1a 109-11-3 109-11-3a 109-11-3a 109-11-4 109-11-6 109-11-6a 109-11-6a 109-15-2 Reg. No. 110-4-1 through 110-4-5 110-21-1 through 110-21-5
New New (T) New Amended Revoked New (T) New New (T) New New (T) New Amended Amended Amended (T) Amended New (T) New New (T) New New (T) New New (T) New New (T) New New (T) New Amended (T) Amended New Amended New (T) New Amended New (T) New Amended Amended New (T) New Amended Action V. 30, p. 574 V. 30, p. 139 V. 30, p. 574 V. 29, p. 1282 V. 29, p. 113 V. 30, p. 139 V. 30, p. 574 V. 30, p. 140 V. 30, p. 575 V. 30, p. 141 V. 30, p. 576 V. 29, p. 113 V. 29, p. 113 V. 30, p. 141 V. 30, p. 576 V. 30, p. 141 V. 30, p. 577 V. 30, p. 142 V. 30, p. 577 V. 30, p. 142 V. 30, p. 577 V. 30, p. 142 V. 30, p. 577 V. 30, p. 142 V. 30, p. 577 V. 30, p. 142 V. 30, p. 578 V. 30, p. 143 V. 30, p. 578 V. 29, p. 113 V. 29, p. 1283 V. 30, p. 143 V. 30, p. 578 V. 29, p. 1284 V. 30, p. 144 V. 30, p. 579 V. 29, p. 1284 V. 29, p. 1285 V. 30, p. 144 V. 30, p. 579 V. 29, p. 1285 Register
Revoked New
V. 29, p. 1478, 1479 V. 29, p. 1479-1485
New
V. 29, p. 252-254
Amended New
V. 30, p. 25-27 V. 30, p. 411-413
AGENCY 91: DEPARTMENT OF EDUCATION Reg. No. 91-40-1 91-40-27 Reg. No. 92-19-3 92-19-3a 92-19-3b 92-19-3c 92-19-10 92-19-16a 92-19-16b 92-19-40 92-19-42 92-19-49b 92-19-55b 92-19-59 92-19-73 92-24-23 92-51-25a Action Amended Amended Action Revoked New New New Revoked Amended Revoked Revoked Revoked Amended New Amended Amended Amended New Register V. 29, p. 1093 V. 29, p. 1098 Register V. 30, p. 280 V. 30, p. 280 V. 30, p. 283 V. 30, p. 285 V. 30, p. 285 V. 30, p. 285 V. 30, p. 286 V. 30, p. 286 V. 30, p. 286 V. 30, p. 286 V. 30, p. 287 V. 30, p. 289 V. 30, p. 289 V. 29, p. 1633 V. 29, p. 1281
AGENCY 111: KANSAS LOTTERY A complete index listing all regulations filed by the Kansas Lottery from 1988 through 2000 can be found in the Vol. 19, No. 52, December 28, 2000 Kansas Register. A list of regulations filed from 2001 through 2003 can be found in the Vol. 22, No. 52, December 25, 2003 Kansas Register. A list of regulations filed from 2004 through 2005 can be found in the Vol. 24, No. 52, December 29, 2005 Kansas Register. A list of regulations filed from 2006 through 2007 can be found in the Vol. 26, No. 52, December 27, 2007 Kansas Register. A list of regulations filed from 2008 through November 2009 can be found in the Vol. 28, No. 53, December 31, 2009 Kansas Register. The following regulations were filed after December 1, 2009: Reg. No. 111-2-30 111-2-230 111-2-231 111-2-232 111-2-233 111-2-234 111-2-235 through 111-2-240 111-2-241 111-2-242 111-2-243 through 111-2-248 111-2-247 111-2-248 Action Amended Amended Amended Amended Amended New New New New New Amended Amended Register V. V. V. V. V. V. 29, 30, 30, 29, 29, 29, p. p. p. p. p. p. 215 232 233 215 215 746
AGENCY 109: BOARD OF EMERGENCY MEDICAL SERVICES Reg. No. 109-1-1a 109-1-1a 109-5-1 109-5-1 109-5-1a 109-5-1a 109-5-1b 109-5-1b 109-5-1d 109-5-1d 109-5-1e Action New (T) New Amended (T) Amended New (T) New New (T) New New (T) New New (T) Register V. 30, p. 138 V. 30, p. 573 V. 30, p. 138 V. 30, p. 573 V. 30, p. 139 V. 30, p. 574 V. 30, p. 139 V. 30, p. 574 V. 30, p. 139 V. 30, p. 574 V. 30, p. 139
V. 29, p. 1214, 1215 V. 29, p. 1247 V. 29, p. 1247 V. 29, p. 1512, 1513 V. 30, p. 233 V. 30, p. 233
Vol. 30, No. 21, May 26, 2011
111-2-249 through 111-2-252 111-2-249 111-2-253 111-2-254 111-2-255 111-4-2899 through 111-4-2907 111-4-2908 through 111-4-2911 111-4-2911a 111-4-2912 through 111-4-2923 111-4-2924 through 111-4-2930 111-4-2931 through 111-4-2938 111-4-2939 through 111-4-2948 111-4-2949 through 111-4-2984 111-4-2949 through 111-4-2984 111-4-2985 through 111-4-2988 111-4-2989 111-4-2990 111-4-2991 111-4-2992 through 111-4-3011 111-4-3012 through 111-4-3022 111-4-3023 through 111-4-3027 111-4-3028 through 111-4-3031 111-4-3032 through 111-4-3045 111-4-3046 through 111-4-3054 111-5-175 through 111-5-179 111-5-180 through 111-5-194 111-5-181 111-5-184 111-5-186 111-5-194 111-7-243 through 111-7-248 111-9-162 111-9-163 111-9-164 111-9-165 111-9-166 111-9-167 111-9-168 111-9-169 111-9-170 111-15-1 111-15-3 111-201-1 through 111-201-17
Kansas Register
111-301-1 through 111-301-6 111-301-7 through 111-301-12 111-301-13 through 111-301-20 111-302-1 through 111-302-6 111-302-4 111-303-1 through 111-303-5 111-304-1 through 111-304-6 111-305-1 through 111-305-6 111-306-1 through 111-306-6 111-306-4 111-306-6 111-307-1 through 111-307-7 111-308-1 through 111-308-7 111-309-1 through 111-309-6 111-310-1 through 111-310-6 111-311-1 through 111-311-7 111-312-1 through 111-312-8 111-312-6 111-312-8 New New New New Amended New New New New Amended Amended New New New New New New Amended Amended V. 29, p. 79, 80 V. 30, p. 244-248 V. 30, p. 366-368 V. 29, p. 82-86 V. 30, p. 249 V. 29, p. 87-89 V. 29, p. 89-91 V. 29, p. 474, 475 V. 29, p. 1185-1187 V. 29, p.1260 V. 29, p. 1219 V. 29, p. 1189-1191 V. 29, p. 1261-1263 V. 29, p. 1528-1530 V. 29, p. 1530-1532 V. 29, p. 1532-1535 V. 30, p. 239, 240 V. 30, p. 368 V. 30, p. 368 112-112-1 112-112-3 112-112-4 112-112-7 112-112-9 Amended Amended Amended Amended Amended V. V. V. V. V. 30, 30, 30, 30, 30,
665
p. p. p. p. p. 314 314 314 315 315
New Amended New New Amended New New New New New New New New New New New New New New New New New New New New New Amended Amended Amended Amended New New New New New New New New New New Amended Amended New
V. 30, p. 233, 234 V. 30, p. 357 V. 30, p. 241 V. 30, p. 241 V. 30, p. 358 V. 29, p. 9-14 V. 29, p. 149-152 V. 29, p. 152 V. 29, p. 153-157 V. 29, p. 216-222 V. 29, p. 467-473 V. 29, p. 569-575 V. 29, p. 746-769 V. 29, p. 746-769 V. 29, p. 1180-1183 V. 29, p. 1216 V. 29, p. 1217 V. 29, p. 1218 V. 29, p. 1248-1259 V. 29, p. 1513-1522 V. 30, p. 234-237 V. 30, p. 241-243 V. 30, p. 249-258 V. 30, p. 358-364 V. 29, p. 157-159 V. 29, p. 222-228 V. 29, p. 1522 V. 29, p. 1523 V. 29, p. 1524 V. 29, p. 1525 V. 30, p. 259, 260 V. 29, p. 229 V. 29, p. 229 V. 29, p. 230 V. 29, p. 769 V. 29, p. 1184 V. 29, p. 1526 V. 29, p. 1526 V. 29, p. 1527 V. 30, p. 261 V. 30, p. 238 V. 30, p. 365 V. 29, p. 73-79
AGENCY 112: RACING AND GAMING COMMISSION Reg. No. 112-101-6 112-102-8 112-103-2 112-103-4 112-103-5 112-103-8 112-103-15 112-104-1 112-104-8 112-104-13 112-104-14 112-104-15 112-104-16 112-104-32 112-105-1 112-105-2 112-105-3 112-106-1 112-106-2 112-106-5 112-106-6 112-107-3 112-107-5 112-107-10 112-107-21 112-107-22 112-108-18 112-108-36 112-108-55 112-110-3 Action Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Register V. 30, p. 290 V. 30, p. 290 V. 30, p. 291 V. 30, p. 292 V. 30, p. 292 V. 30, p. 292 V. 30, p. 292 V. 30, p. 293 V. 30, p. 294 V. 30, p. 295 V. 30, p. 297 V. 30, p. 297 V. 30, p. 298 V. 30, p. 300 V. 30, p. 301 V. 30, p. 301 V. 30, p. 301 V. 30, p. 301 V. 30, p. 303 V. 30, p. 303 V. 30, p. 304 V. 30, p. 304 V. 30, p. 307 V. 30, p. 308 V. 30, p. 309 V. 30, p. 310 V. 30, p. 311 V. 30, p. 312 V. 30, p. 313 V. 30, p. 313
Vol. 30, No. 21, May 26, 2011
Kansas Register
Vol. 30, No. 22 June 2, 2011 Pages 667-714
In this issue . . .
Page
State Employees Health Care Commission Notice of meeting ....................................................................................................................... 668 Kansas Childrens Cabinet and Trust Fund Notice of meeting ....................................................................................................................... 668 Kansas Judicial Council Notice of meetings...................................................................................................................... 668 Kansas Commission on Veterans Affairs Notice of meeting ....................................................................................................................... 669 Pooled Money Investment Board Notice of investment rates........................................................................................................... 669 Secretary of State Executive appointments .............................................................................................................. 669 Code mortgage rate for June ....................................................................................................... 670 Usury rate for June ..................................................................................................................... 670 Kansas Board of Regents Universities Notice to bidders ........................................................................................................................ 670 Department of AdministrationDivision of Purchases Notice to bidders for state purchases ........................................................................................... 670 Attorney General Opinions 2011-8 through 2011-10................................................................................................. 671 Kansas Department of Transportation Notice to contractors................................................................................................................... 671 Office of the Governor Executive Order 11-09, declaring conditional and temporary relief from motor carrier rules and regulations.......................................................................................... 672 Notice of Bond/Note Sale City of Leavenworth ................................................................................................................... 673 City of Pittsburg ......................................................................................................................... 674 Norton County Notice of intent to seek private placement of hospital revenue bonds............................................ 674 Heartland Works, Inc. Invitation for bids for legal services............................................................................................. 674 Kansas Court of Tax Appeals Notice of hearing on proposed administrative regulations ............................................................ 675 Department of Health and Environment Notice concerning water pollution control permits/applications .................................................... 675 New State Laws Senate Bill 61, concerning taxation.............................................................................................. 677 Senate Bill 150, concerning cities; relating to certain municipalities .............................................. 679 House Bill 2075, concerning insurance ........................................................................................ 683 House Substitute for Senate Bill 154, concerning the issuance of bonds ....................................... 687 House Bill 2054, concerning certain state agencies ....................................................................... 688 Index to administrative regulations ................................................................................................ 707
668
State of Kansas
Kansas Register
State of Kansas
Meetings

Notice of Meeting The Kansas State Employees Health Care Commission will meet at 1:30 p.m. Wednesday, June 15, in the KPERS boardroom, 611 S. Kansas Ave., Topeka. For more information, contact Laurie Knowlton, State Employee Health Plan, at (785) 296-6280. Dennis Taylor Chair
Doc. No. 039450

Date Committee June 3 Judicial Council June 10 Commission on Judicial Performance June 17 Probate Law June 24 Pattern Instructions for Kansas-Criminal July 8 Family Law July 15 Criminal Law July 20 Supreme Court Rules July 22 Lien Law Sub Committee July 22 Pattern Instructions for Kansas-Criminal July 29 Juvenile Offender/ Child in Need of Care Time 9:00 a.m. 9:30 a.m. 9:30 a.m. 9:30 a.m. 9:30 a.m. 9:30 a.m. 9:30 a.m. 9:30 a.m. 9:30 a.m. 9:30 a.m. Location Room 269 Suite 140-West Suite 140-West Court of Appeals Courtroom Suite 140-West Suite 140-West Fatzer Courtroom Suite 140-West Room 269 Suite 140-West
State of Kansas
Childrens Cabinet and Trust Fund

Notice of Meeting The Kansas Childrens Cabinet and Trust Fund will conduct a meeting from 9:30 a.m. to noon Thursday, June 16, at the SRS Learning Center, Room D, 2600 S.W. East Circle Drive South, Topeka. More information may be obtained from the Cabinets Web site at www.kschildrens cabinet.org or by contacting Dyogga Adegbore at (785) 368-7044. Jim Redmon Executive Director
Doc. No. 039463

Doc. No. 039454
Vol. 30, No. 22, June 2, 2011
Notices/Executive Appointments
State of Kansas
Kansas Register
Kansas Credit Union Council
669

Notice of Meeting The Kansas Commission on Veterans Affairs will meet at 10 a.m. Wednesday, June 15, in the Senate Room of the Jayhawk Tower, 700 S.W. Jackson, Topeka. The public is invited to attend. For more information, call (785) 2963976. Jack Fowler Executive Director
Doc. No. 039466
John D. Beverlin, 12945 Wild Rose Lane, Olathe, 66061. Term expires March 15, 2014. Succeeds Cheryl Bonner. Kansas Dental Board Dr. Charles Squire, 14909 Castle Drive, Wichita, 67230. Term expires April 30, 2015. Succeeds Dr. Karen Callanan. Kansas Development Finance Authority Donald Linville, 1504 Grandview East, Garden City, 67846. Term expires Jan. 15, 2015. Employment Security Board of Review Patricia Bossert, 3620 S.W. Chelsea Drive, Topeka, 66614. Term expires March 15, 2014. Wayne Maichel, 5322 N.W. Melba Drive Court, Topeka, 66618. Term expires March 15, 2015. State Gaming Agency Mark Dodd, Executive Director, 420 S.E. 6th St., Suite 3000, Topeka, 66607. Serves at the pleasure of the Governor. Kansas Hispanic and Latino American Affairs Commission Adrienne Foster, Executive Director, Room 100, Landon State Office Building, 900 S.W. Jackson, Topeka, 66612. Serves at the pleasure of the Governor. Kansas State Librarian Joanne Budler, Kansas State Library, Room 169-W, State Capitol, 300 S.W. 10th Ave., Topeka, 66612. Serves at the pleasure of the Governor. Reappointed. Pooled Money Investment Board Robert Chestnut, 1105 Oak Tree Drive, Lawrence, 66049. Term expires March 15, 2012. Succeeds Thomas Thull, resigned. Kansas Public Employees Retirement System Board of Trustees
State of Kansas

Notice of Investment Rates The following rates are published in accordance with K.S.A. 75-4210. These rates and their uses are defined in K.S.A. 2010 Supp. 12-1675(b)(c)(d) and K.S.A. 2010 Supp. 12-1675a(g). Effective 5-30-11 through 6-5-11 Term Rate 1-89 days 0.09% 3 months 0.05% 6 months 0.10% 1 year 0.21% 18 months 0.32% 2 years 0.47% Scott Miller Director of Investments
Doc. No. 039447
State of Kansas
Secretary of State
Jackson County Sheriff Tim Morse, 24190 J Road, Holton, 66436. Succeeds Charles Cornell, resigned. Advisory Council on Aging Carlton B. McNair, 12024 England, Overland Park, 66213. Term expires March 24, 2013. Succeeds Irv Hoffman. State Civil Service Board Phillis Setchell, 3813 S.E. 33rd St., Topeka, 66605. Term expires March 15, 2015. State Corporation Commission Mark Sievers, 1500 S.W. Arrowhead Road, Topeka, 66604. Term expires March 15, 2015. Succeeds Joseph Harkins.
Terry Matlack, 7225 Brockway, Shawnee, 66227. Term expires Jan. 15, 2015. Succeeds Tamla Edwards. Kansas Racing and Gaming Commission Rick Petersen-Klein, Executive Director, Suite 420, Eisenhower State Office Building, 700 S.W. Harrison, Topeka, 66603. Serves at the pleasure of the Governor. Kansas Sports Hall of Fame Board of Trustees Ken Berry, 1131 S.W. Camden Lane, Topeka, 66604. Term expires April 30, 2014. Succeeds William Moore. Kansas Volunteer Commission Linda Caton, 3530 N. Lake Ridge Court, Wichita, 67205. Term expires March 24, 2014. Reappointed. Travis Couture-Lovelady, 430 Yorkshire Road, Topeka, 66606. Term expires March 24, 2014. Succeeds Aaron Otto. Jolene Niernberger, 605 Washington, Ellis, 67637. Term expires March 24, 2014. Reappointed. Secretary of Wildlife and Parks Robin Jennison, 1020 S. Kansas Ave., Suite 200, Topeka, 66612. Serves at the pleasure of the Governor. Succeeds J. Michael Hayden.

Doc. No. 039441
Vol. 30, No. 22, June 2, 2011
670
State of Kansas
Kansas Register
Secretary of State
Code Mortgage Rate for June
Rates/Notices
Pittsburg State University, Purchasing Office, 1701 S. Broadway, Pittsburg, KS 66762-7549. University of Kansas Electronic bid postings: http:// www.purchasing.ku.edu/. Paper bid postings and mailing address: KU Purchasing Services, 1246 W. Campus Road, Room 30, Lawrence, KS 66045. Additional contact info: phone: 785864-5800, fax: 785-864-3454, e-mail: purchasing@ku.edu. University of Kansas Medical Center Bid postings: http:// www2.kumc.edu/finance/purchasing/bids.html. Additional contact info: phone: 913-588-1100, fax: 913-588-1102. Mailing address: University of Kansas Medical Center, Purchasing Department, Mail Stop 2034, 3901 Rainbow Blvd., Kansas City, KS 66160. Wichita State University Bid postings: www.wichita.edu/purchasing. Additional contact info: phone: 316-978-3080, fax: 316978-3528. Mailing address: Wichita State University, Office of Purchasing, 1845 Fairmount Ave., Campus Box 12, Wichita, KS 67260-0012.
Pursuant to the provisions of K.S.A. 16a-1-301, Section 11, the code mortgage rate during the period of June 1, 2011 through June 30, 2011, is 12 percent. Kris W. Kobach Secretary of State
Doc. No. 039448
State of Kansas
Secretary of State
Usury Rate for June Pursuant to the provisions of K.S.A. 16-207, the maximum effective rate of interest per annum for notes secured by all real estate mortgages and contracts for deed for real estate (except where the note or contract for deed permits adjustment of the interest rate, the term of the loan or the amortization schedule) executed during the period of June 1, 2011 through June 30, 2011, is 5.85 percent. Kris W. Kobach Secretary of State
Doc. No. 039449
Doc. No. 038494
State of Kansas

06/14/2011 06/14/2011 EVT0000687 EVT0000704 Bituminous Plant Mixture, Dodge City, Garden City Vehicle Maintenance Service, Topeka Dietician Services Mill/Overlay Pavement, Norton Germicidal Detergent Rest Area Maintenance District 4 Dentistry Services Insurance, Automobile Liability Production of Kansas Visitor Guide
State of Kansas

Emporia State University Bid postings: www.emporia.edu/ busaff/purchasing/vendor-procedures.htm. Additional contact info: phone: 620-341-5145, fax: 620-341-5073, e-mail: thouse@ emporia.edu. Mailing address: Emporia State University, Controllers Office/Purchasing, Campus Box 4021, 1200 Commercial, Emporia, KS 66801. Fort Hays State University Bid postings: www.fhsu.edu/bids. Additional contact info: phone: 785-628-4251, fax: 785-628-4046, e-mail: purchasing@fhsu.edu. Mailing address: Fort Hays State Purchasing Office, 601 Park St., 318 Sheridan Hall, Hays, KS 67601. Kansas State University Bid postings: www.k-state.edu/purchasing/rfq. Additional contact info: phone: 785-532-6214, fax: 785-532-5577, e-mail: kspurch@k-state.edu. Mailing address: Controllers Office/Purchasing, 21 Anderson Hall, Kansas State University, Manhattan, KS 66506. Pittsburg State University Bid postings: www.pittstate.edu/ office/purchasing. Additional contact info: phone: 620-235-4169, fax: 620-235-4166, e-mail: jensch@pittstate.edu. Mailing address:
06/15/2011 EVT0000683 06/15/2011 EVT0000688 06/16/2011 EVT0000659 06/20/2011 EVT0000690 06/22/2011 EVT0000686 06/27/2011 EVT0000698 06/30/2011 EVT0000695
Doc. No. 039467
Vol. 30, No. 22, June 2, 2011
A.G. Opinions/Notice
State of Kansas
Kansas Register
671
Attorney General
Opinion 2011-8 State Departments; Public Officers and Employees Social and Rehabilitation ServicesPurchase of Products and Services of Nonprofit Entities for Blind and Disabled Persons; Purchase of Services by Unified School Districts. SchoolsSchool Unification ActsSchool District Expenditures over $20,000; Requirements Relating to Bids and Bidders; Exemptions; Purchase of Services by Unified School Districts; April 16, 2011. Synopsis: The determination of whether the exemption found in K.S.A. 2010 Supp. 75-3319(d) and 75-3321 of the State Use Law (SUL) applies when a Unified School District (USD) combines the purchase of a product with the purchase of services associated with that product is a question of fact, not law. Similarly, the determination of whether the specification provision in K.S.A. 2010 Supp. 75-3319(a) of the SUL applies when a USD requires a vendor to provide certain services associated with a purchased product is a question of fact, not law. Nevertheless, a USD cannot evade the SUL by merely combining the purchase of a product with the purchase of a service associated with the purchased product (such as delivery, installation, and maintenance) that the SUL vendor does not provide. Cited herein: K.S.A. 2010 Supp. 72-6760, 753317, 75-3319, 75-3320, 75-3321, 75-3322, 75-3322c, K.S.A. 75-3737a, K.S.A. 2010 Supp. 75-3738, 75-3739, 75-3740. JLA Opinion 2011-9 CourtsDistrict CourtsCounty Commissioners Responsible for Certain Expenses of District Court Operations; Court-Appointed Interpreter; Responsibility for Costs. State Departments; Public Officers and Employees Public Officers and Employees; Interpreters for Deaf, Hard of Hearing, Speech Impaired and Other Than English Speaking PersonsCourt-Appointed Interpreter; Responsibility for Costs. Criminal ProcedureAid to Indigent Defendants Court-Appointed Interpreter; Responsibility for Costs; April 26, 2011. Synopsis: The cost for an interpreter appointed by a district court for services performed during court proceedings is the responsibility of the county as an expense for the operation of the district court, while the cost for an interpreter authorized by a district court as a necessary defense expense is the responsibility of the Board of Indigents Defense Services. Cited herein: K.S.A. 20-348; 224501; 22-4508; 22-4522; 75-4351; 75-4352; K.A.R. 105-7-6. CN Opinion 2011-10 Automobiles and Other VehiclesDrivers Licenses; Uniform Commercial Drivers License ActCommercial Drivers Licenses; Diversion Agreements Not Allowed; Plea Agreements; May 20, 2011.
Synopsis: A person who drives a commercial vehicle, as well as a person who holds a commercial drivers license, may not enter into a diversion agreement that would prevent such persons conviction for any violation, in any type of motor vehicle, of any traffic control law, except a parking violation, from appearing on the persons record. Plea negotiations or charging amendments that result in convictions for lesser or fewer traffic infractions or offenses originally charged are not precluded. Cited herein: K.S.A. 2003 Supp. 8-2,128; K.S.A. 2010 Supp. 8-2,144; 8-2,150; 8-1567. CN Derek Schmidt Attorney General
Doc. No. 039452
State of Kansas
Notice to Contractors Sealed proposals for the construction of road and bridge work in the following Kansas counties will be received at the Bureau of Construction and Maintenance, KDOT, Topeka, or at the Eisenhower State Office Building, fourth floor west wing, 700 S.W. Harrison, Topeka, until 1 p.m. June 22 and then publicly opened: District One Northeast Lyon99-56 KA 0012-01 Grading (State Funds) Douglas59-23 KA 1591-01 Bridge Repair and Silica Fume Overlay (State Funds) Douglas40-23 KA 1593-01 Bridge Repair and Silica Fume Overlay (State Funds) Lyon99-56 KA 1606-01 Bridge Repair and Polymer Overlay (State Funds) Shawnee75-89 KA 2361-01 Pavement Marking, 5.63 miles (Federal Funds) Wabaunsee70-99 KA 2376-01 Pavement Marking, 18.521 miles (Federal Funds) Shawnee70-89 KA 2377-01 Pavement Marking, 5 miles (Federal Funds) Atchison3 U 2294-01 Grading and Surfacing, 0.017 mile (State Funds) Osage-Leavenworth-Shawnee-Wabaunsee-AtchisonJackson-Johnson-Douglas-Lyon-Wyandotte106 KA 219901 Mudjacking (State Funds) District Two Northcentral Mitchell24-62 KA 1611-01 Bridge Repair and Silica Fume Overlay (State Funds) Republic148-79 KA 1617-01 Bridge Repair (State Funds) Republic148-79 KA 2148-01 Bridge Repair (State Funds) District Three Northwest Decatur20 C 4361-01 Grading and Bridge, 0.114 mile (Federal Funds) District Four Southeast Bourbon69-6 KA 2355-01 Bridge Repair (State Funds)
(continued)
Vol. 30, No. 22, June 2, 2011
672
Kansas Register
State of Kansas
Notice/Executive Order Office of the Governor
Miami-Franklin68-106 KA 2354-01 Crack Repair (Asphalt), 12.1 miles (State Funds) Franklin-Douglas33-106 KA 2358-01 Crack Repair and Asphalt Seal, 10.43 miles (State Funds) District Five Southcentral Reno50-78 K 7409-02 Grading, Surfacing and Bridge, 2.869 miles (Federal Funds) Volume 1 50-78 K 7409-02 Roadway Drainage Volume 2 50-78 K 7409-02 Bridges, Fencing, Erosion Control, Lighting, Signing and Pavement Marking Volume 3 50-78 K 7409-02 Sequence of Construction and Traffic Control Volume 4 50-78 K 7409-02 X-Sections Sumner55-96 KA 1630-01 Bridge Repair and Silica Fume Overlay (State Funds) Sumner15-96 KA 1631-01 Bridge Repair and Polymer Overlay (State Funds) Sedgwick54-87 KA 1856-01 Lighting (Federal Funds) Reno96-78 KA 2113-01 Bridge Repair (State Funds) Sedgwick235-87 KA 2272-01 Bridge Repair and Polymer Overlay (State Funds) Cowley77-18 KA 2273-01 Bridge Repair (State Funds) Sedgwick235-87 KA 2345-01 Concrete Pavement Patching, 15.576 miles (State Funds) District Six Southwest Ford29 C 4330-01 Grading and Surfacing, 0.932 mile (State Funds) Proposals will be issued upon request to all prospective bidders who have been prequalified by the Kansas Department of Transportation on the basis of financial condition, available construction equipment and experience. Also, a statement of unearned contracts (Form No. 284) must be filed. There will be no discrimination against anyone because of race, age, religion, color, sex, handicap or national origin in the award of contracts. Each bidder shall file a sworn statement executed by or on behalf of the person, firm, association or corporation submitting the bid, certifying that such person, firm, association or corporation has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the submitted bid. This sworn statement shall be in the form of an affidavit executed and sworn to by the bidder before a person who is authorized by the laws of the state to administer oaths. The required form of affidavit will be provided by the state to each prospective bidder. Failure to submit the sworn statement as part of the bid approval package will make the bid nonresponsive and not eligible for award consideration. Plans and specifications for the projects may be examined at the office of the respective county clerk or at the KDOT district office responsible for the work. Deb Miller Secretary of Transportation
Doc. No. 039440
Executive Order 11-09 Conditional and Temporary Relief from Motor Carrier Rules and Regulations WHEREAS, severe storms accompanied by flooding, large hail, lightning and tornadoes occurred in the State of Missouri, it is necessary to assist and expedite all effort of disaster relief; and WHEREAS, these extreme weather conditions and the resulting destruction of property, interruption of essential human services, and potential dangers to and loss of human life, require and will continue to require a massive public and private response to provide immediate emergency assistance and continuing emergency relief to individual persons, businesses, and governmental units in need of transportation for food, supplies, tools, equipment, medicine, fuel and public and private health care, law enforcement, security services, public utility services, sanitation and waste disposal, cleanup of debris, property restoration and reconstruction and other necessities, which threatens to overload the available transportation systems to, from, and within the states of Kansas and Missouri; and WHEREAS, other states have issued executive orders on this topic to provide support to the citizens of Missouri. NOW, THEREFORE, pursuant to the authority vested in me as Governor of the State of Kansas, I hereby acknowledge a state of emergency exists in the state of Missouri, and it is necessary to assist and expedite all disaster recovery efforts. In order to accommodate this need and to provide assistance to the citizens and government of Missouri in this extreme situation, I hereby order the temporary suspension of the following as they apply to motor vehicles in the support of efforts: 1. Participating motor carriers must still obtain the requisite over-dimension/overweight permits as required by the Kansas Department of Transportation prior to operating; however, the fees associated with these permits are temporarily waived. Additionally, motor carriers and persons participating in restoration and recovery efforts will receive priority service and may operate during low visibility, night, holiday and curfew hours if the carriers and/or driver use clearance lights and/or escort vehicles. 2. In accordance with Title 49 C.F.R. 390.23, the requirements contained in the Federal Motor Carrier Safety Regulations, Title 49 C.F.R. Parts 390-399 are hereby suspended through the duration of the motor carriers assistance in the disaster relief effort not to exceed a period of thirty (30) days from the date of the initial declaration unless the order is rescinded or expanded by executive order or concurrent resolution of the legislature; and 3. The registration and fuel tax permits as enforced by the Kansas Department of Revenue are temporarily suspended; and 4. May benefit from the waiver while under load and when returning either empty or with loads directly related to the emergency.
Vol. 30, No. 22, June 2, 2011
Executive Order/Bond Sale
Kansas Register
2025 2026 205,000 215,000
673
FURTHER, I direct that this executive order shall become effective at 6:00 p.m. May 23, 2011, and shall continue in effect until June 22, 2011. Executed this 24rd day of May, 2011, this document shall be filed with the Secretary of State as Executive Order No. 11-09. Sam Brownback Governor
Doc. No. 039464
(Published in the Kansas Register June 2, 2011.)
Summary Notice of Bond Sale City of Leavenworth, Kansas $4,235,000* General Obligation Bonds Series 2011-A (General obligation bonds payable from unlimited ad valorem taxes) Bids Subject to the Official Notice of Bond Sale and Preliminary Official Statement dated May 31, 2011, sealed, facsimile and electronic bids will be received by the city clerk of the city of Leavenworth, Kansas (the city or the issuer), on behalf of the governing body of the city, in the case of sealed bids, at City Hall, 100 N. 5th, Leavenworth, KS 66048, via facsimile at (913) 682-3874, and in the case of electronic bids, via BIDCOMP/PARITY electronic bid submission system, until 11 a.m. Tuesday, June 14, 2011, for the purchase of $4,235,000* principal amount of General Obligation Bonds, Series 2011-A. No bid of less than the entire par value of the bonds and accrued interest thereon to the date of delivery will be considered. Bond Details The bonds will consist of fully registered bonds in the denomination of $5,000 or any integral multiple thereof. The bonds will initially be registered in the name of Cede & Co., as nominee of the Depository Trust Company, New York, New York, to which payments of principal of and interest on the bonds will be made. Individual purchases of bonds will be made in book-entry form only. Purchasers will not receive certificates representing their interest in bonds purchased. The bonds will be dated June 15, 2011, and will become due on September 1 in the years as follows:
The bonds will be subject to mandatory and optional redemption prior to maturity as provided in the Official Notice of Bond Sale. The bonds will bear interest from the date thereof at rates to be determined when the bonds are sold as hereinafter provided, which interest will be payable semiannually on March 1 and September 1 in each year, beginning March 1, 2012. Paying Agent and Bond Registrar The Kansas State Treasurer, Topeka, Kansas, will be the paying agent and bond registrar. Good Faith Deposit Each bid shall be accompanied by a cashiers or certified check drawn on a bank located in the United States, a wire transfer or a qualified financial surety bond in the amount of $84,700 (2 percent of the principal amount of the bonds). Delivery The issuer will pay for printing the bonds and will deliver the same properly prepared, executed and registered to the facilities of the Depository Trust Company, New York, New York, without cost to the successful bidder within 45 days after the date of sale. Assessed Valuation and Indebtedness The total assessed valuation of taxable tangible property in the city for the year 2010 is $228,219,827. The total general obligation indebtedness of the issuer, following the concurrent issuance of the bonds and the issuers Temporary Notes, Series A2011, in the aggregate principal amount of $1,680,000, is $30,865,000 (which excludes temporary notes outstanding in the principal amount of $3,995,000, which will be retired out of the proceeds of the bonds). Approval of Bonds The bonds will be sold subject to the legal opinion of Nichols and Wolfe Chartered, Topeka, Kansas, bond counsel, whose approving legal opinion as to the validity of the bonds, will be furnished and paid for by the issuer and delivered to the successful bidder when the bonds are delivered. Additional Information Additional information regarding the bonds may be obtained from the city clerk, (913) 682-9201, or from the citys financial advisor, Piper Jaffray & Co., 11150 Overbrook Road, Suite 310, Leawood, KS 66211-2298, (913) 345-3374, Attn: Greg Vahrenberg. Dated May 31, 2011. City of Leavenworth, Kansas Karen J. Logan, City Clerk City Hall 100 N. 5th St. Leavenworth, KS 66048
*Subject to change.
Doc. No. 039451
2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024
$275,000 300,000 305,000 310,000 320,000 325,000 335,000 345,000 355,000 370,000 185,000 190,000 200,000
Vol. 30, No. 22, June 2, 2011
674
Kansas Register
Notices/Note Sale
Invitation for Bids Heartland Works, Inc. is accepting bids for the purchase of legal services. To receive an Invitation for Bid, including all specifications, contact the Heartland Works office at 5020 S.W. 28th St., Suite 100, Topeka, 66614-2348, (785) 234-0500. Bids must be received not later than 3 p.m. June 23. Heartland Works, Inc. welcomes all interested attorneys or law firms to bid. Kristine Kitchen Executive Director
Doc. No. 039457
Norton County, Kansas

Notice of Intent to Seek Private Placement Hospital Revenue Bonds, Series 2011B Notice is hereby given that Norton County, Kansas (the issuer), proposes to seek a private placement of the above-referenced bonds. The maximum aggregate principal amount of the bonds shall not exceed $1,040,000. The proposed sale of the bonds is in all respects subject to approval of a bond purchase agreement between the issuer and the purchaser of the bonds and the adoption of a resolution by the governing body of the issuer authorizing the issuance of the bonds and the execution of various documents necessary to deliver the bonds. Dated June 6, 2011. Robert D. Wyatt County Clerk
Doc. No. 039465
Summary Notice of Note Sale City of Pittsburg, Kansas $1,230,000 Temporary Notes Series 2011A (Temporary notes payable from unlimited ad valorem taxes) Bids Subject to the Official Notice of Note Sale and Official Statement dated May 31, 2011, sealed, facsimile and electronic bids will be received on behalf of the city clerk of the city of Pittsburg, Kansas (the issuer), at the offices of Springsted Incorporated, 380 Jackson St., Suite 300, St. Paul, MN 55101, by delivery or via facsimile at (651) 2233046, or in the case of electronic proposals, via BIDCOMP/ PARITY electronic bid submission system, until 11 a.m. C.D.T. Tuesday, June 14, 2011, for the purchase of $1,230,000 principal amount of Temporary Notes, Series 2011A. No bid of less than 99.50 percent of the aggregate principal amount of the notes and accrued interest thereon to the date of delivery will be considered, and no supplemental interest payments will be considered.
Note Details The notes will consist of fully registered notes in the denomination of $5,000 or any integral multiple thereof. The notes will initially be registered in the name of Cede & Co., as nominee of the Depository Trust Company, New York, New York, to which payments of principal of and interest on the notes will be made. Individual purchases of notes will be made in book-entry form only. Purchasers will not receive certificates representing their interest in notes purchased. The notes will be dated July 1, 2011, and will become due July 1, 2012. The notes will be subject to optional redemption prior to maturity in whole or in part at any time upon 30 days prior written notice of redemption. The notes will bear interest from the date thereof at rates to be determined when the notes are sold as hereinafter provided, which interest will be payable at maturity on July 1, 2012. Paying Agent and Bond Registrar The Kansas State Treasurer, Topeka, Kansas. Good Faith Deposit Each bid shall be accompanied by a cashiers or a certified check drawn on a bank located in the United States, a qualified financial surety bond or wire transfer in the amount of $12,300 (1 percent of the principal amount of the notes). Delivery The issuer will pay for printing the notes and will deliver the same properly prepared, executed and registered to the facilities of the Depository Trust Company, New York, New York, without cost to the successful bidder within 45 days after the date of sale. Assessed Valuation and Indebtedness The total assessed valuation of taxable tangible property in the city for the year 2010 is $121,257,084. The total general obligation indebtedness of the issuer as of the date of the notes is $23,440,000. Approval of Notes The notes will be sold subject to the legal opinion of Nichols and Wolfe Chartered, Topeka, Kansas, bond counsel, whose approving legal opinion as to the validity of the notes will be furnished and paid for by the issuer and delivered to the successful bidder when the notes are delivered. Additional Information Additional information regarding the notes may be obtained from the city clerk at (620) 231-4100 or from the citys financial advisor, Springsted Incorporated of St. Paul, Minnesota, at (651) 223-3000. Dated May 31, 2011. City of Pittsburg, Kansas Tammy Nagel, City Clerk City Hall 201 W. 4th St. Pittsburg, KS 66762
Doc. No. 039455
Vol. 30, No. 22, June 2, 2011
Hearing/Notice
State of Kansas
Kansas Register
State of Kansas
675
Court of Tax Appeals

Notice of Hearing on Proposed Administrative Regulations A public hearing will be conducted at 10 a.m. Thursday, August 4, in Room 451, Hearing Room A, Docking State Office Building, 915 S.W. Harrison, Topeka, to consider adoption of proposed regulations of the Kansas Court of Tax Appeals. The changes are proposed for adoption on a permanent basis. This 60-day notice of the public hearing shall constitute a public comment period for the purpose of receiving written public comments on the proposed regulations. All interested parties may submit written comments prior to the hearing to Kansas Court of Tax Appeals, Room 451, Docking State Office Building, 915 S.W. Harrison, Topeka, 66612-1505, or by e-mail to maildesk@cota.ks.gov. All interested parties will be given a reasonable opportunity to present their views either orally or in writing, or both, concerning the adoption of the proposed regulations. In order to give all parties an opportunity to present their views, it may be necessary to request that each participant limit oral presentation to five minutes. Any individual with a disability may request accommodation in order to participate in the public hearing and may request the proposed regulations and economic impact statement in an accessible format. Requests for accommodation should be made at least five working days in advance of the hearing by contacting Jody Allen at (785) 296-2388. Parking for individuals with disabilities is located on Harrison Street on the east side of the Docking State Office Building. The east entrance to the Docking State Office Building is accessible to individuals with disabilities. Copies of the proposed regulations and the economic impact statement can be viewed at http://www.kansas. gov/cota. A brief summary of the proposed regulations and the economic impact follows: K.A.R. 94-3-2. Filing, fees and form. This revised regulation clarifies the courts time frame for the paying of filing fees. No economic impact is anticipated. K.A.R. 94-5-8. Filing fees. This revised regulation revises the filing fee schedule for court filings. The increased fees set forth in this regulation are necessary because of recent shifts in the courts funding balance away from state general funding and to user-fee funding. There should be little appreciable economic impact on other state or local government agencies. However, private individuals and businesses will be affected by increased filing fees. Janis K. Lee Chief Hearing Officer
Doc. No. 039453

Name and Address Legal Receiving of Applicant Description Water McMahan Feedlot SE/4 of Section 16, Lower Republican Mitch McMahan T07S, R02E, Clay River Basin 971 22nd Road County Clay Center, KS 67432 Kansas Permit No. A-LRCY-B010 This permit is being reissued for a confined animal feeding operation for 500 head (500 animal units) of cattle weighing more than 700 pounds. This represents an animal type change and an increase in permitted animal units from the previous permit. Three cattle pens will drain to proposed vegetative buffers. The existing swine facility has been cleaned and dismantled. Name and Address Legal Receiving of Applicant Description Water Nelson Schwartz SE/4 of Section 18, Upper Arkansas Schwartz Feeders T18S, R29W, Lane River Basin 154 N. Gage Road County Dighton, KS 67839 Kansas Permit No. A-UALE-B006 This permit is being reissued for a confined animal feeding operation for 950 head (950 animal units) of beef cattle weighing greater than 700 pounds. The permit contains modifications reflecting the current operation and dimensions of the wastewater control system. There is no change in the permitted animal units from the previous permit. Name and Address Legal Receiving of Applicant Description Water Double D Hogs, Inc. NE/4 of Section 33 Lower Arkansas Jeff Dohrman & NW/4 of Section River Basin 2425 4th Road 34, T17S, R10W, Bushton, KS 67427 Ellsworth County Kansas Permit No. A-AREW-S001 This permit is being reissued for an existing facility with a maximum capacity of 2,040 head (816 animal units) of swine more than 55 pounds and 1,050 head (105 animal units) of swine 55 pounds or (continued)
Vol. 30, No. 22, June 2, 2011
676
Kansas Register
Notice
less, for a total of 3,090 head (921 animal units) of swine. There is no change in the permitted animal units from the previous permit. Name and Address Legal Receiving of Applicant Description Water Dean Stous NE/4 of Section 19, Kansas River 21085 O Road T07S, R15E, Jackson Basin Holton, KS 66436 County Kansas Permit No. A-KSJA-S011 This is a renewal permit for an existing facility with a maximum of 130 head (130 animal units) of beef cattle greater than 700 pounds and 120 head (60 animal units) of beef cattle 700 pounds or less, for a total of 190 animal units. Name and Address Legal Receiving of Applicant Description Water Gary D. Bartcher SW/4 of Section 28, Lower Republican 375 Y Road T01S, R10W, Jewell River Basin Esbon, KS 66941 County Kansas Permit No. A-LRJW-B004 This permit is being reissued for an existing facility with a maximum capacity of 600 head (600 animal units) of cattle more than 700 pounds. There is no change in the permitted animal units from the previous permit cycle.
Facility Description: The proposed action consists of reissuing an existing permit for discharge of wastewater during quarry operations. This is a limestone quarrying and crushing operation with no washing. Outfall 001A1 and Outfall 002A1 consist of stormwater runoff. The proposed permit includes generic water-quality language to protect waters of the state. Name and Address Receiving Type of of Applicant Stream Discharge Martin Marietta Aggregates Fall River via Pit Dewatering & 11900 W. 87th St. Parkway Spring Creek via Stormwater Suite 200 Unnamed Tributary Runoff Lenexa, KS 66215 Kansas Permit No. I-VE16-PO04 Federal Permit No. KS0095311 Legal Description: NW14, S13, T26S, R9E, Greenwood County Facility Name: Eureka Quarry Facility Description: The proposed action consists of reissuing an existing permit for discharge of wastewater during quarry operations. This facility is engaged in a limestone crushing operation with no washing. Outfall 001A1 consists of pit dewatering and stormwater runoff. A discharge no longer occurs from Outfall 002A1. The proposed permit includes generic water-quality language to protect waters of the state. Name and Address Receiving Type of of Applicant Stream Discharge Midwest Minerals, Inc. Labette Creek via Pit Dewatering & P.O. Box 412 Bachelors Creek Stormwater Pittsburg, KS 66762 County Road Ditch Runoff Kansas Permit No. I-NE55-PO01 Federal Permit No. KS0115525 Legal Description: NW14, S12 and SE14, S1, T32S, R19E, Labette County Facility Name: Parsons Quarry #3 Facility Description: The proposed action consists of reissuing an existing permit for discharge of wastewater during quarry operations. This is a limestone quarrying and crushing operation with no washing. Outfalls 001A1 and 002A1 consist of pit dewatering and stormwater runoff. The proposed permit includes generic water-quality language to protect waters of the state. Name and Address Receiving Type of of Applicant Stream Discharge Midwest Minerals Elk City Reservoir Pit Dewatering & P.O. Box 412 via Elk River via Stormwater Pittsburg, KS 66762 Unnamed Tributary Runoff Kansas Permit No. I-VE14-PO01 Federal Permit No. KS0115461 Legal Description: SE14, S18, T32S, R14E, Montgomery County Facility Name: Quarry #23 Facility Description: The proposed action consists of reissuing an existing permit for discharge of wastewater during quarry operations. This is a limestone quarrying and crushing operation with no washing. Outfall 001A1 consists of pit dewatering and stormwater that is pumped from a settling pond before discharge. The proposed permit includes generic water-quality language to protect waters of the state. Name and Address Receiving Type of of Applicant Stream Discharge Whitaker Company Caney River via Pit Dewatering 121- 2600 Road South Cedar Creek and Stormwater Savonburg, KS 66772 Runoff Kansas Permit No. I-VE05-PO01 Federal Permit No. KS0085332 Legal Description: W12, S7 and E12 & SW14, S12, T34S, R8E, Cowley County Facility Description: The proposed action consists of reissuing an existing permit for discharge of wastewater during quarry operations. This facility is a limestone quarrying and crushing operation, which occasionally washes rock. Outfall 001A1 consists of pit dewatering and stormwater runoff that is pumped from a sedimentation pond. Outfall 002A1 consists of stormwater runoff and treated washwater. The proposed permit contains limits for total suspended solids and includes generic water-quality language to protect waters of the state.
Name and Address Receiving Type of of Applicant Stream Discharge APAC - Kansas Mill Creek via Pit Dewatering & P.O. Box 23910 Hayes Creek Stormwater Overland Park, KS 66283 Runoff Kansas Permit No. I-KS27-PO27 Federal Permit No. KS0086932 Legal Description: W12, S1, T12S, R23E, Johnson County Facility Description: The proposed action consists of reissuing an existing permit for discharge of wastewater during quarry operations. This facility is engaged in a limestone quarry operation with no rock washing. Outfalls 001 and 002 consist of stormwater runoff and pit water. Domestic wastes are directed to a Johnson County wastewater treatment plant for treatment. The proposed permit contains generic water-quality language to protect waters of the state. Name and Address Receiving Type of of Applicant Stream Discharge N.R. Hamm Quarry, Inc. Kansas River via Pit Dewatering & P.O. Box 17 Stranger Creek via Stormwater Perry, KS 66073 Rock Creek Runoff Kansas Permit No. I-KS96-PO01 Federal Permit No. KS0117358 Legal Description: SE14, S2, T9S, R21E, Leavenworth County Facility Name: #17 Leavenworth Quarry Facility Description: The proposed action consists of reissuing an existing permit for discharge of wastewater during quarry operations. This is a limestone quarrying and crushing operation with some washing. Outfall 001A1 consists of discharges from the final settling pond. The proposed permit contains limits for total suspended solids and includes generic water-quality language to protect waters of the state. Receiving Type of Stream Discharge Stranger Creek via Pit Dewatering & Crooked Creek via Stormwater Moody Creek via Runoff Unnamed Tributary Kansas Permit No. I-KS50-PO01 Federal Permit No. KS0081604 Legal Description: E12, SW14, S32, T7S, R20E, Jefferson County Facility Name: Mooney/Shrick Quarry #83 Name and Address of Applicant N.R. Hamm Quarry, Inc. P.O. Box 17 Perry, KS 66073
Vol. 30, No. 22, June 2, 2011
Notice/New State Laws

Public Notice No. KS-EG-11-008/009
Kansas Register
677
In accordance with K.A.R. 28-46-7 and the authority vested with the state by the administrator of the U.S. Environmental Protection Agency, draft permits have been prepared for the use of the well(s) described below within the state of Kansas:
Name and Address of Applicant Lakin, City of 121 N. Main Lakin, KS 67870 Facility Location: Lakin, Kansas Well and Permit Number Location #1 / KS-05-093-002 SE14, S16, T24S, R36W, Kearny County Facility Description: The proposed action is to issue a new Class V NonHazardous Waste Injection Well permit. The injection fluids consist of nonhazardous liquid waste generated by a drinking water treatment facility consisting of residuals from nanofiltration. Disposal is by gravity flow. Injection is to be made into the Arbuckle formation, consisting of Upper Cambrian and Lower Ordivician deposits, from a depth of 6,425 feet to a top depth of approximately 5,720 feet. The estimated maximum rate of injection to this disposal well is 300,000 gallons per day. All construction, monitoring and operation of this well will meet the requirements that apply to Class V Non-Hazardous Waste Disposal Wells under the Kansas UIC regulations, K.A.R. 28-46-1 through 28-46-42 and K.A.R. 28-30-1 through K.A.R. 28-3010. Name and Address of Applicant Mid-Continent Fractionation and Storage, LLC 1372 7th Ave. McPherson, KS 67460 Facility Location: Mitchell, Kansas Well and Permit Number Location #2 / KS-01-159-008 S26, T19S, R7W, Rice County #3 / KS-01-159-009 S26, T19S, R7W, Rice County Facility Description: The proposed action is to issue two new Class I Injection Well permits. The injection fluids are described as near saturated waste brines from the underground hydrocarbon storage operation. Disposal is by gravity flow. Injection is to be made into the Arbuckle formation from a depth of 4,280 feet to a top depth of approximately 3,690 feet. The estimated maximum rate of injection to these disposal wells is 2,000,000 gallons per day. All construction, monitoring and operation of the wells will meet the requirements that apply to Class I Injection Wells under the Kansas UIC regulations, K.A.R. 28-46-1 through 28-46-44.
After review of any comments received during the public notice period, the Secretary of Health and Environment will issue a determination regarding final agency action on each draft document/application. If response to any draft document/application indicates significant public interest, a public hearing may be held in conformance with K.A.R. 28-16-61 (28-46-21 for UIC). All draft documents/applications and the supporting information including any comments received are on file and may be inspected at the offices of the Kansas Department of Health and Environment, Bureau of Water. These documents are available upon request at the copying cost assessed by KDHE. Application information and components of plans and specifications for all new and expanding swine facilities are available on the Internet at http://www.kdheks.gov/feedlots. Division of Environment offices are open from 8 a.m. to 5 p.m. Monday through Friday, excluding holidays. Robert Moser, M.D. Secretary of Health and Environment
Doc. No. 039456
State of Kansas
Secretary of State
SENATE BILL No. 61

AN ACT concerning taxation; relating to income tax credits, individual development accounts, contribution amounts; tax information, disclosure to state treasurer in certain circumstances, unclaimed property; amending K.S.A. 2010 Supp. 74-50,208 and 79-3234 and repealing the existing sections. Be it enacted by the Legislature of the State of Kansas: Section 1. K.S.A. 2010 Supp. 74-50,208 is hereby amended to read as follows: 74-50,208. (a) A program contributor shall be allowed a credit against state income tax imposed under the Kansas income tax act in an amount not to exceed 50% 75% of the contribution amount. If the amount of the credit allowed by this section exceeds the taxpayers income tax liability imposed under the Kansas income tax act, such excess amount shall be refunded to the taxpayer. No credit pursuant to this section shall be allowed for any contribution made by a program contributor which also qualified for a community services tax credit pursuant to the provisions of K.S.A. 79-32,195 et seq., and amendments thereto. (b) The administration of the community-based organization, with the cooperation of the participating financial institutions, shall submit the names of contributors and the total amount each contributor contributes to the individual development account reserve fund for the calendar year. The secretary of revenue shall determine the date by which such information shall be submitted to the department of revenue by the local administrator.
(continued)
Persons wishing to comment on the draft documents and/or permit applications must submit their comments in writing to the Kansas Department of Health and Environment if they wish to have the comments considered in the decision-making process. Comments should be submitted to the attention of the Livestock Waste Management Section for agricultural-related draft documents or applications, or to the Technical Services Section for all other permits, at the Kansas Department of Health and Environment, Division of Environment, Bureau of Water, 1000 S.W. Jackson, Suite 420, Topeka, 66612-1367. All comments regarding the draft documents or application notices received on or before July 2 will be considered in the formulation of the final determinations regarding this public notice. Please refer to the appropriate Kansas document number (KS-AG-11-087/091, KS-Q-11038/044, KS-EG-11-008/009) and name of the applicant/ permittee when preparing comments.
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(c) The total tax credits authorized pursuant to this section shall not exceed $500,000 in any fiscal year. (d) The provisions of this section shall be applicable to all taxable years commencing after December 31, 2004 2010. Sec. 2. K.S.A. 2010 Supp. 79-3234 is hereby amended to read as follows: 79-3234. (a) All reports and returns required by this act shall be preserved for three years and thereafter until the director orders them to be destroyed. (b) Except in accordance with proper judicial order, or as provided in subsection (c) or in K.S.A. 17-7511, subsection (g) of K.S.A. 46-1106, K.S.A. 46-1114, or K.S.A. 79-32,153a, and amendments thereto, it shall be unlawful for the secretary, the director, any deputy, agent, clerk or other officer, employee or former employee of the department of revenue or any other state officer or employee or former state officer or employee to divulge, or to make known in any way, the amount of income or any particulars set forth or disclosed in any report, return, federal return or federal return information required under this act; and it shall be unlawful for the secretary, the director, any deputy, agent, clerk or other officer or employee engaged in the administration of this act to engage in the business or profession of tax accounting or to accept employment, with or without consideration, from any person, firm or corporation for the purpose, directly or indirectly, of preparing tax returns or reports required by the laws of the state of Kansas, by any other state or by the United States government, or to accept any employment for the purpose of advising, preparing material or data, or the auditing of books or records to be used in an effort to defeat or cancel any tax or part thereof that has been assessed by the state of Kansas, any other state or by the United States government. (c) The secretary or the secretarys designee may: (1) Publish statistics, so classified as to prevent the identification of particular reports or returns and the items thereof; (2) allow the inspection of returns by the attorney general or other legal representatives of the state; (3) provide the post auditor access to all income tax reports or returns in accordance with and subject to the provisions of subsection (g) of K.S.A. 46-1106 or K.S.A. 46-1114, and amendments thereto; (4) disclose taxpayer information from income tax returns to persons or entities contracting with the secretary of revenue where the secretary has determined disclosure of such information is essential for completion of the contract and has taken appropriate steps to preserve confidentiality; (5) disclose to the secretary of commerce the following: (A) Specific taxpayer information related to financial information previously submitted by the taxpayer to the secretary of commerce concerning or relevant to any income tax credits, for purposes of verification of such information or evaluating the effectiveness of any tax credit or economic incentive program administered by the secretary of commerce; (B) the amount of payroll withholding taxes an employer is retaining pursuant to K.S.A. 2010 Supp. 74-50,212, and amendments thereto; (C) information received from businesses completing the form required by K.S.A. 2010 Supp. 74-50,217, and amendments thereto; and (D) findings related to a compliance audit conducted by the department of revenue upon the request of the secretary of commerce pursuant to K.S.A. 2010 Supp. 74-50,215, and amendments thereto; (6) disclose income tax returns to the state gaming agency to be used solely for the purpose of determining qualifications of licensees of and applicants for licensure in tribal gaming. Any information received by the state gaming agency shall be confidential and shall not be disclosed except to the executive director, employees of the state gaming agency and members and employees of the tribal gaming commission; (7) disclose the taxpayers name, last known address and residency status to the department of wildlife and parks to be used solely in its license fraud investigations; (8) disclose the name, residence address, employer or Kansas adjusted gross income of a taxpayer who may have a duty of support in a title IV-D case to the secretary of the Kansas department of social and rehabilitation services for use solely in administrative or judicial proceedings to establish, modify or enforce such support obligation in a title IV-D case. In addition to any other limits on use, such use shall be allowed only where subject to a protective
order which prohibits disclosure outside of the title IV-D proceeding. As used in this section, title IV-D case means a case being administered pursuant to part D of title IV of the federal social security act (42 U.S.C. 651 et seq.), and amendments thereto. Any person receiving any information under the provisions of this subsection shall be subject to the confidentiality provisions of subsection (b) and to the penalty provisions of subsection (e); (9) permit the commissioner of internal revenue of the United States, or the proper official of any state imposing an income tax, or the authorized representative of either, to inspect the income tax returns made under this act and the secretary of revenue may make available or furnish to the taxing officials of any other state or the commissioner of internal revenue of the United States or other taxing officials of the federal government, or their authorized representatives, information contained in income tax reports or returns or any audit thereof or the report of any investigation made with respect thereto, filed pursuant to the income tax laws, as the secretary may consider proper, but such information shall not be used for any other purpose than that of the administration of tax laws of such state, the state of Kansas or of the United States; (10) communicate to the executive director of the Kansas lottery information as to whether a person, partnership or corporation is current in the filing of all applicable tax returns and in the payment of all taxes, interest and penalties to the state of Kansas, excluding items under formal appeal, for the purpose of determining whether such person, partnership or corporation is eligible to be selected as a lottery retailer; (11) communicate to the executive director of the Kansas racing commission as to whether a person, partnership or corporation has failed to meet any tax obligation to the state of Kansas for the purpose of determining whether such person, partnership or corporation is eligible for a facility owner license or facility manager license pursuant to the Kansas parimutuel racing act; (12) provide such information to the executive director of the Kansas public employees retirement system for the purpose of determining that certain individuals reported compensation is in compliance with the Kansas public employees retirement act at K.S.A. 74-4901 et seq., and amendments thereto; and (13) provide taxpayer information of persons suspected of violating K.S.A. 2010 Supp. 44-766, and amendments thereto, to the staff attorneys of the department of labor for the purpose of determining compliance by any person with the provisions of K.S.A. 2010 Supp. 44-766, and amendments thereto, which information shall be limited to withholding tax and payroll information, the identity of any person that has been or is currently being audited or investigated in connection with the administration and enforcement of the withholding and declaration of estimated tax act, K.S.A. 79-3294 et seq., as amended and amendments thereto, and the results or status of such audit or investigation.; and (14) provide such information to the state treasurer for the sole purpose of carrying out the provisions of K.S.A. 58-3934, and amendments thereto. Such information shall be limited to current and prior addresses of taxpayers or associated persons who may have knowledge as to the location of an owner of unclaimed property. For the purposes of this paragraph, associated persons includes spouses or dependents listed on income tax returns. (d) Any person receiving information under the provisions of subsection (c) shall be subject to the confidentiality provisions of subsection (b) and to the penalty provisions of subsection (e). (e) Any violation of subsection (b) or (c) is a class A nonperson misdemeanor and, if the offender is an officer or employee of the state, such officer or employee shall be dismissed from office. (f) Nothing in this section shall be construed to allow disclosure of the amount of income or any particulars set forth or disclosed in any report, return, federal return or federal return information, where such disclosure is prohibited by the federal internal revenue code as in effect on September 1, 1996, and amendments thereto, related federal internal revenue rules or regulations, or other federal law. Sec. 3. K.S.A. 2010 Supp. 74-50,208 and 79-3234 are hereby repealed. Sec. 4. This act shall take effect and be in force from and after its publication in the Kansas register.
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SENATE BILL No. 150

AN ACT concerning cities; relating to certain municipalities; amending K.S.A. 12-519, 12-520b, 12-521, 12-531, 12-532, 15-116, 15-117, 15-124 and 60-2301 and K.S.A. 2010 Supp. 19-214 and 25-432 and repealing the existing sections. Be it enacted by the Legislature of the State of Kansas: Section 1. K.S.A. 15-116 is hereby amended to read as follows: 15-116. (a) When a petition for the incorporation of a city, signed by 50 or more electors of the territory described therein, and containing the information hereafter required, is filed with the county clerk if all the territory is within one county, or the county clerk of the county in which the greater or greatest area lies if the territory lies in two or more counties, the requirements and proceedings shall be as hereinafter stated. The petition shall: (1) Be addressed to the board of county commissioners, or where the territory lies in two or more counties, to the board of commissioners of the county having the greater or greatest area; (2) describe the territory by metes and bounds; and (3) request the incorporation of the territory as a city by the name of the city of (giving name). Each page of signatures shall bear the following heading: I, whose name appears as one of the signers below, state that I reside in and am an elector of the territory petitioned to become the city of ; that I signed my name in my own handwriting; that I read the description of the metes and bounds of said territory or saw the map of the territory attached as an exhibit to the petition. Signatures Addresses If registration for voting purposes is required in all or any part of the area, signers in the registration area must sign their names the same as they are shown on the registration books. The signatures of signers in registration areas shall be checked against the voter registration books by the county election officer in charge of registration. Where all or a part of the territory is not in a registration area, an elector who signs the petition shall make an affidavit that to the best of the electors knowledge and belief, the persons who signed the petition and who are not in a registration area are electors of the territory. The affidavit shall be attached to the petition before the petition is filed. Any person desiring to withdraw their name from the petition may do so by filing in person with the county clerk of the county where the petition will be filed, and before the petition is filed, a statement substantially as follows: I the undersigned, hereby withdraw my name as a signer of the petition for the incorporation of the territory proposed to be called the city of . The county clerk shall sign and endorse on the face of the statement the month, day, year and hour of the filing and, if and when the petition is filed, shall attach such withdrawal statement thereto. The sufficiency of the number of petitioners shall be determined as of the day of the filing of the petition by registration books, if any, and as of the date of the affidavit as to persons in nonregistration area. (b) No territory shall be incorporated as a city except as provided in subsection (d)(2) unless it has 300 250 or more inhabitants or has 300 250 or more platted lots each of which is served by water and sewer lines owned by a nonprofit corporation. The number of inhabitants shall be determined by an enumeration by a qualified signer of the petition who shall make an affidavit that an enumeration has been made of the inhabitants of the territory after the beginning of the circulation of the petition, and stating the number of inhabitants found, and specifying the dates when it was begun and when completed. The number of platted lots served by water and sewer lines owned by a nonprofit corporation shall be determined by the county engineer, who shall state the findings by affidavit. Such The affidavits shall be attached to the petition before it is filed. The board of county commissioners may cause another enumeration to be made if it believes the number of inhabitants may be less than 300 250. (c) The petition shall have attached thereto a statement containing the following information regarding the proposed city: (1) Quantity of land embraced, platted and unplatted; (2) a brief de-
scription of existing facilities and services currently received by the area, including water supply, sewage disposal, fire and police protection; and (3) reasons for desiring city government and services. There shall also be attached to the petition a map of the territory showing the location of the proposed city within the county or counties and the more densely built-up area or areas and designating in general the platted and unplatted areas. There shall also be attached a statement of the assessed valuation of the platted real property and improvements and unplatted real property and improvements and the assessed valuation or an estimate thereof of the tangible personal property for each county in which any area lies, certified by the county clerk or county assessor. (d) No territory shall be incorporated as a city unless: (1) The inhabitants of the territory number 300 250 or more or and 50 or more electors of the territory have signed a petition; (2) the territory contains 300 250 or more platted lots each served by water and sewer lines owned by a nonprofit corporation, and 50 or more electors of the territory have signed a petition; or (2) (3) the territory has been designated a national landmark by the congress of the United States. Sec. 2. K.S.A. 15-117 is hereby amended to read as follows: 15117. The county clerk shall examine the petition, if such a petition is required, signatures and attached matter as prescribed by K.S.A. 15-116, as amended, and if it appears the petition is in proper form, that the inhabitants of the territory number 300 250 or more or and 50 or more electors of the territory have signed a petition, that the territory contains 300 250 or more platted lots each served by water and sewer lines owned by a nonprofit corporation, and that 50 or more electors of the territory have signed the petition, or that the territory has been designated as a national landmark, the county clerk shall so report to the board of county commissioners at its next regular meeting and it shall designate a time and place for a hearing on the petition, such time to be not less than 30 nor more than 90 days from the date the petition was filed. The place of the hearing shall be at a place convenient for most of the inhabitants of the territory. Sec. 3. K.S.A. 15-124 is hereby amended to read as follows: 15124. The city, regardless of the number of inhabitants (three hundred (300) or more) at the time of incorporation, shall operate as a mayor-council city of the third class and the statutes relating thereto and home rule powers under the constitution until such time as by proper proceedings the class is changed or form of government changed. New Sec. 4. When land located outside a city is annexed by such city under K.S.A. 12-521 and 12-521a, and amendments thereto, any homestead rights attributable to such land prior to such annexation shall continue after annexation until such land is sold after annexation. Sec. 5. K.S.A. 12-519 is hereby amended to read as follows: 12519. As used in this act: (a) Tract means a single unit of real property under one ownership, outside the corporate limits of a city, which may be platted or unplatted, title to which is publicly or privately held by an owner as defined by subsection (c). (b) Land means a part of a tract or one or more tracts. (c) Owner means the one who has record title to a tract. In the event two or more persons have record title to a tract, owner shall be defined as follows: (1) If joint tenants, owner means a majority of the number of joint tenants; (2) if tenants in common, owner means both a majority of the number of tenants in common and the holders of a majority of the undivided interests in the tract; (3) if the tract is held by a life tenant and a remainderman, owner means the life tenant; (4) if the tract is held by a tenant under a recorded lease providing for a lease term of 10 years or longer and a remainderman, owner means both such tenant and remainderman; (5) if one holds title to the surface and another holds title to the minerals, owner means the surface title holder. (d) Adjoins means to lie upon or touch (1) the city boundary line; or (2) a highway, railway or watercourse which lies upon the city boundary line and separates such city and the land sought to be annexed by only the width of such highway, railway or watercourse. (e) Platted means a tract or tracts mapped or drawn to scale, showing a division or divisions thereof, which map or drawing is filed in the office of the register of deeds by the owner of such tract.
(continued)
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(f) Land devoted to agricultural use means land which is devoted to the production of plants, animals or horticultural products, including but not limited to: Forages; grains and feed crops; dairy animals and dairy products; poultry and poultry products; beef cattle, sheep, swine and horses; bees and apiary products; trees and forest products; fruits, nuts and berries; vegetables; or nursery, floral, ornamental and greenhouse products. Land devoted to agricultural use shall not include those lands which are used for recreational purposes, suburban residential acreages, rural home sites or farm home sites and yard plots whose primary function is for residential or recreational purposes even though such properties may produce or maintain some of those plants or animals listed in the foregoing definition. (g) Qualified elector means any owner of land, as defined under this section, within the area proposed to be annexed under the provisions of K.S.A. 12-521, and amendments thereto. (h) Area proposed to be annexed means the area approved for annexation by the board of county commissioners under provisions of K.S.A. 12-521, and amendments thereto. (g) (i) Watercourse means a natural or manmade course where water may flow on a regular or intermittent basis; a watercourse shall not include a natural or manmade lake, pond or other impoundment of five or more acres of surface area. Sec. 6. K.S.A. 12-520b is hereby amended to read as follows: 12520b. (a) The governing body of any city proposing to annex land under the provisions of K.S.A. 12-520, and amendments thereto, shall make plans for the extension of services to the area proposed to be annexed and shall, prior to the adoption of the resolution provided for in K.S.A. 12-520a, and amendments thereto, prepare a report setting forth such plans. The report shall include: (1) A sketch clearly delineating the land proposed to be annexed and the area of the city adjacent thereto to show the following information: (A) The present and proposed boundaries of the city affected by such proposed annexation; (B) the present streets, water mains, sewers and other city utility lines, and the proposed extension thereof; and (C) the general land use pattern in the areas to be annexed. (2) A statement setting forth a plan of sufficient detail to provide a reasonable person with a full and complete understanding of the intentions of the city for extending to the area to be annexed each major municipal service provided to persons and property located within the city and the area proposed to be annexed at the time of annexation and the estimated cost of providing such services. The plan shall state the estimated cost impact of providing such services to the residents of the city and the residents of the area proposed to be annexed. The plan shall state the method by which the city plans to finance the extension of such services to such area. Such plan shall include a timetable of the plans for extending each major municipal service to the area annexed. The plan shall state the means by which the services currently provided by a township or special district in the area to be annexed shall be maintained by the city at a level which is equal to or better than the level of services provided prior to annexation. The plan shall state those services which shall be provided immediately upon annexation and those services which may be provided upon petition of the landowners to create a benefit district. (b) A copy of the plan for extension of services shall be sent by certified mail not less than 10 days prior to the public hearing as provided in K.S.A. 12-520a, and amendments thereto, to the board of county commissioners. (b) (c) The preparation of a plan for the extension of services required by subsection (a) shall not be required for or as a prerequisite to the annexation of land of which all of the owners petition for or consent to such annexation in writing. Sec. 7. K.S.A. 12-521 is hereby amended to read as follows: 12521. (a) Whenever the governing body of any city deems it advisable to annex land which such city is not permitted to annex under K.S.A. 12-520, and amendments thereto, or if the governing body of any city is permitted to annex land under K.S.A. 12-520, and amendments thereto, but deems it advisable not to annex thereunder, the governing body may annex such land as provided by this section. The governing body, in the name of the city, may present a petition to the board of county commissioners of the county in which the land sought to be annexed is located. The petition shall set forth a legal description of the land sought to be
annexed and request a public hearing on the advisability of such annexation. The governing body of such city shall make plans for the extension of services to the tract of land proposed to be annexed and shall file a copy thereof with the board of county commissioners at the time of presentation of the petition. Such report shall include: (1) A sketch clearly delineating the land proposed to be annexed and the area of the city adjacent thereto to show the following information: (A) The present and proposed boundaries of the city affected by such proposed annexation; (B) the present streets, water mains, sewers and other city utility lines, and the proposed extension thereto; and (C) the general land use pattern in the areas to be annexed. (2) A statement setting forth a plan of sufficient detail to provide a reasonable person with a full and complete understanding of the intentions of the city for extending to the area to be annexed each major municipal service provided to persons and property located within the city and area proposed to be annexed at the time of annexation and the estimated cost of providing such services. The plan shall state the estimated cost impact of providing such services to the residents of the city and the residents of the area proposed to be annexed. The plan shall state the method by which the city plans to finance the extension of such services to such area. The plan shall include a timetable for the extension of major municipal services to the area proposed to be annexed. The plan shall state the means by which the services currently provided by a township or special district in the area to be annexed shall be maintained by the city at a level which is equal to or better than the level of services provided prior to annexation. The plan shall state those services which shall be provided immediately upon annexation and those services which may be provided upon petition of the landowners to create a benefit district. (b) The date fixed for the public hearing shall be not less than 60 nor more than 70 days following the date of the presentation of the petition requesting such hearing. Notice of the time and place of the hearing, together with a legal description of the land sought to be annexed and the names of the owners thereof, shall be published in a newspaper of general circulation in the city not less than one week and not more than two weeks preceding the date fixed for such hearing. A copy of the notice providing for the public hearing shall be mailed by certified mail to each owner of the land proposed to be annexed not more than 10 days following the date of the presentation of the petition requesting such hearing. A sketch clearly delineating the area in such detail as may be necessary to advise the reader of the particular land proposed to be annexed shall be published with such notice and a copy thereof mailed to the owner of the property with such notice. The board for good cause shown may continue the hearing beyond the time specified in the notice without further publication. (c) On the day set for hearing, the board of county commissioners shall hear testimony as to the advisability of such annexation, and a representative of the city shall present the citys proposal for annexation, including the plan of the city for the extension of services to the area proposed to be annexed. The action of the board of county commissioners shall be quasijudicial in nature. The board of county commissioners shall consider the impact of approving or disapproving the annexation on the entire community involved, including the city and the land proposed to be annexed, in order to insure the orderly growth and development of the community. The board shall make specific written findings of fact and conclusions determining whether such annexation or the annexation of a lesser amount of such area causes manifest injury to the owners of any land proposed to be annexed, or to the owners of land in areas near or adjacent to the land proposed to be annexed or to the city if the annexation is disapproved. The findings and conclusions shall be based upon the preponderance of evidence presented to the board. In determining whether manifest injury would result from the annexation, the boards considerations shall include, but not be limited to, the extent to which the following criteria may affect the city, the area to be annexed, the residents of the city and the area to be annexed, other governmental units providing services to the area to be annexed, the utilities providing services to the area to be annexed, and any other
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public or private person, firm or corporation which may be affected thereby: (1) Extent to which any of the area is land devoted to agricultural use; (2) area of platted land relative to unplatted land; (3) topography, natural boundaries, storm and sanitary sewers, drainage basins, transportation links or any other physical characteristics which may be an indication of the existence or absence of common interest of the city and the area proposed to be annexed; (4) extent and age of residential development in the area to be annexed and adjacent land within the citys boundaries; (5) present population in the area to be annexed and the projected population growth during the next five years in the area proposed to be annexed; (6) the extent of business, commercial and industrial development in the area; (7) the present cost, methods and adequacy of governmental services and regulatory controls in the area; (8) the proposed cost, extent and the necessity of governmental services to be provided by the city proposing annexation and the plan and schedule to extend such services; (9) tax impact upon property in the city and the area; (10) extent to which the residents of the area are directly or indirectly dependent upon the city for governmental services and for social, economic, employment, cultural and recreational opportunities and resources; (11) effect of the proposed annexation on the city and other adjacent areas, including, but not limited to, other cities, sewer and water districts, improvement districts, townships or industrial districts and, subject to the provisions of K.S.A. 12-521a, and amendments thereto, fire districts; (12) existing petitions for incorporation of the area as a new city or for the creation of a special district; (13) likelihood of significant growth in the area and in adjacent areas during the next five years; and (14) effect of annexation upon the utilities providing services to the area and the ability of those utilities to provide those services shown in the detailed plan. (d) The board of county commissioners shall render a judgment within seven days after the hearing has been adjourned sine die. If a majority two-thirds of the members of the board of county commissioners concludes that the annexation or any part thereof should be allowed, the board shall so find and grant the annexation by order; and thereupon the city may annex the land by ordinance. Orders of the board of county commissioners denying the petition or a part thereof for annexation shall require a majority vote of the members of the board. When an order denying a petition or part thereof is issued, it shall be by resolution, which shall be sent by certified mail to the city proposing the annexation. All orders of the board of county commissioners granting or denying petitions for annexation shall be spread at length upon the journal of proceedings of the board. The failure of such board to spread an order granting annexation upon the journal shall not invalidate such order. (e) Within 10 days following the rendering of the judgment of the board of county commissioners granting all or a part thereof of any annexation involving 40 acres or more as provided in subsection (e), the city clerk shall certify to the county election officer a legal description and a map of the area outside the corporate limits of the city proposed to be annexed and the addresses of all qualified electors as defined in K.S.A. 12-519, and amendments thereto, located therein. The county election officer shall conduct a mail ballot election under the provisions of K.S.A. 25-431 et seq., and amendments thereto, within 60 days of such certification. If a majority of the qualified electors voting thereon approve the annexation, the city may annex the land by passage of an ordinance. If a majority of the qualified electors reject the annexation, the lands shall not be annexed and the city may not propose the annexation of any such lands in the proposed area for at least four years from the date of the election, unless the proposed annexation is authorized by paragraphs (2), (3) or (7) of subsection (a) of K.S.A. 12-520, and amendments thereto. If the area proposed to be annexed is less than 40 acres, then the board may render a judgment on the petition unless the board has previously granted three annexations of adjoining tracts within a 60-month period. (e) (f) Any owner of land annexed pursuant to this section or the city aggrieved by the decision of the board of county commis-
sioners may appeal the decision of the board to the district court of the same county in the manner and method set forth in K.S.A. 19-223, and amendments thereto. Nothing in this subsection shall be construed as granting the owner of land in areas near or adjacent to land annexed pursuant to this section the right to appeal the decision of the board of county commissioners. Any city so appealing shall not be required to execute the bond prescribed therein. Sec. 8. K.S.A. 12-531 is hereby amended to read as follows: 12531. (a) Five Three years following the annexation of any land pursuant to K.S.A. 12-520 or 12-521, and amendments thereto, or, where there has been litigation relating to the annexation, five three years following the conclusion of such litigation, the board of county commissioners shall call a hearing to consider whether the city has provided the municipal services as provided in the timetable set forth in the plan in accordance with K.S.A. 12-520b or 12521, and amendments thereto. The board of county commissioners shall schedule the matter for public hearing and shall give notice of the date, hour and place of the hearing to: (1) The city; and (2) any landowner in the area subject to the service extension plan. (b) At the hearing, the board shall hear testimony as to the citys extension of municipal services, or lack thereof, from the city and the landowner. After the hearing, the board shall make a finding as to whether or not the city has provided services in accordance with its service extension plan. If the board finds that the city has not provided services as provided in its service extension plan, the board shall notify the city and the landowner that such property may be deannexed, as provided in K.S.A. 12-532, and amendments thereto, if the services are not provided within 212 112 years of the date of the boards findings. (c) If the board of county commissioners refuses to hold the hearing as required, any owner of land living in such area annexed may bring an action under provisions of K.S.A. 60-1201 et seq., and amendments thereto, to compel the board to hold the hearing. The court, upon finding the hearing is required, shall award reasonable attorney fees and costs to the landowner. Sec. 9. K.S.A. 12-532 is hereby amended to read as follows: 12532. (a) If, within 212 112 years following the conclusion of the hearing required by K.S.A. 12-531, and amendments thereto, or, where there has been litigation relating to the hearing, 212 112 years following the conclusion of such litigation, the city has not provided the municipal services as provided in the timetable set forth in the plan prepared in accordance with K.S.A. 12-520b or 12-521, and amendments thereto, the owner of such land may petition the board of county commissioners to exclude such land from the boundaries of the city. Within 10 days after receipt of the petition, the board shall schedule the matter for public hearing and shall give notice of the date, hour and place of the hearing to: (1) The owner; (2) the city; (3) the township into which the property, if deannexed, would be placed; and (4) the governing body of any fire district, sewer district, water district or other special district governments which have jurisdiction over territory adjacent to the area sought to be deannexed. The notice shall be sent by certified mail no less than 21 days before the date of the hearing. (b) At the hearing, the board shall hear testimony as to the citys extension of municipal services, or lack thereof, from both the owner and representatives of the city. Except as provided by subsection (e), if the board finds after the hearing that the city has failed to provide the municipal services in accordance with the plan and consistent with the timetable therein, the board may enter an order excluding the land from the boundaries of the city. Any such order shall take effect in the same manner as provided in K.S.A. 12-523, and amendments thereto, for the effective date of annexation ordinances. Such land shall not be annexed again for one three year years from the effective date of the order without the written consent of the owner of the land. (c) The county clerk shall certify a copy of the order to the register of deeds of the county. The register of deeds shall record the order in the deed records of the county, and, at the expense of the owner city, the register of deeds also shall record the order of exclusion on the margin of the recorded plat of such land, giving reference thereon to the page and book of records where the order is recorded in the registers office.
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(d) Except as provided by this subsection, after the effective date of the order to exclude the land from the city, such land shall not be liable for any general taxes imposed by the city. Such land shall remain liable, however, for any taxes or special assessments levied by the city as are necessary to pay its proportionate share of the interest on and principal of such bonds or other indebtedness incurred by the city for improvements to the land which were approved by the city before the date on which the owner or owners filed a petition for the exclusion of the land from the city. (e) The board shall not order exclusion of any land if: (1) The service extension plan conditions the extension of certain improvements or services on the filing of a legally sufficient petition by the owners of the land for the creation of an improvement district and to levy special assessments therein to pay a portion of the costs of such improvements, and a sufficient petition has not been filed; (2) since the annexation, the governing body of the city initiated the creation of an improvement or benefit district affecting such land to levy special assessments thereon to pay a portion of the costs of certain municipal improvements, and the formation of the district was blocked by the filing of a sufficient protest petition by some or all of the owners of any land in the proposed district; (3) the exclusion would result in the land being completely surrounded by other tracts of land located within the citys boundaries; or (4) the board finds the exclusion of the land would have an adverse impact on the health, safety and welfare of the residents of the city or such land. (f) Any owner or the city aggrieved by the decision of the board may appeal the decision to the district court in the manner provided in K.S.A. 19-223, and amendments thereto. Any city so appealing shall not be required to execute the bond prescribed therein. (g) If the board of county commissioners refuses to hold the hearing as required, any owner of land may bring an action under provisions of K.S.A. 60-1201 et seq., and amendments thereto, to compel the board to hold the hearing. The court, upon finding the hearing is required, shall award reasonable attorney fees and costs to the landowner. Sec. 10. K.S.A. 2010 Supp. 25-432 is hereby amended to read as follows: 25-432. An election shall not be conducted under this act unless: (a) Conducted on a date, mutually agreed upon by the governing body of the political or taxing subdivision and the county election officer, not later than 120 days following the date the request is submitted by the political or taxing subdivision; and (b) the secretary of state approves a written plan for conduct of the election, which shall include a written timetable for the conduct of the election, submitted by the county election officer; and (c) the election is nonpartisan; and (d) the election is not one at which any candidate is elected, retained or recalled; and (e) the election is not held on the same date as another election in which the qualified electors of that subdivision of government are eligible to cast ballots; and (f) the election is a question submitted election at which all of the qualified electors of one of the following subdivisions of government are the only electors eligible to vote: (1) Counties; (2) cities; (3) school districts, except in an election held pursuant to K.S.A. 72-7302 et seq., and amendments thereto; (4) townships; (5) benefit districts organized under K.S.A. 31-301, and amendments thereto; (6) cemetery districts organized under K.S.A. 15-1013 or 171330, and amendments thereto; (7) combined sewer districts organized under K.S.A. 19-27,169, and amendments thereto; (8) community college districts organized under K.S.A. 71-1101 et seq., and amendments thereto; (9) fire districts organized under K.S.A. 19-3601 or 80-1512, and amendments thereto; (10) hospital districts; (11) improvement districts organized under K.S.A. 19-2753, and amendments thereto;
(12) Johnson county park and recreation district organized under K.S.A. 19-2859, and amendments thereto; (13) sewage disposal districts organized under K.S.A. 1927,140, and amendments thereto; (14) water districts organized under K.S.A. 19-3501 et seq., and amendments thereto; or (15) transportation development districts created pursuant to K.S.A. 2010 Supp. 12-17,140 et seq., and amendments thereto.; or (16) any tract of land annexed pursuant to K.S.A. 15-521, and amendments thereto. Sec. 11. K.S.A. 60-2301 is hereby amended to read as follows: 60-2301. Except as provided in section 4, and amendments thereto, a homestead to the extent of 160 acres of farming land, or of one acre within the limits of an incorporated town or city, or a manufactured home or mobile home, occupied as a residence by the owner or by the family of the owner, or by both the owner and family thereof, together with all the improvements on the same, shall be exempted from forced sale under any process of law, and shall not be alienated without the joint consent of husband and wife, when that relation exists; but no property shall be exempt from sale for taxes, or for the payment of obligations contracted for the purchase of said such premises, or for the erection of improvements thereon. The provisions of this section shall not apply to any process of law obtained by virtue of a lien given by the consent of both husband and wife, when that relation exists. New Sec. 12. (a) If any land located within a fire district is annexed by a city and such land remains a part of the fire district beyond the current tax year, the owner of such land shall be entitled to a refund of all ad valorem taxes paid for fire service, including any tax levy for bond and interest payments from either the city or the fire district, whichever entity levies taxes for fire service against the land but does not provide such service. (b) Cities and fire districts shall establish procedures for landowners to obtain refunds of ad valorem property taxes as required by this section. Sec. 13. K.S.A. 2010 Supp. 19-214 is hereby amended to read as follows: 19-214. (a) Except as provided in subsection (b), in K.S.A. 19-216a, and amendments thereto, all contracts for the expenditure of county moneys for the construction of any courthouse, jail or other county building, or the construction of any bridge, highway, road, dam, turnpike or related structures or stand-alone parking lots in excess of $25,000, shall be awarded, on a public letting, to the lowest and best bid. The person, firm or corporation to whom the contract may be awarded shall give and file with the board of county commissioners a good and sufficient surety bond by a surety company authorized to do business in the state of Kansas, to be approved by the county attorney or county counselor, in the amount of the contract, and conditioned for the faithful performance of the contract. (b) The provisions of subsection (a) shall not apply: (1) To the expenditure of county funds for professional services; (2) to the provisions of K.S.A. 68-521, and amendments thereto; or (3) to the purchase of contracts of insurance; or (4) to the repair of any courthouse, jail or other county building or the repair or replacement of any such buildings equipment when an emergency based upon public health or safety is declared by the board of county commissioners. Such emergency shall be defined as an occurrence of severe damage to a building or its equipment resulting from any natural or manmade cause, including fire, flood, earthquake, wind, storm, explosion, riot, terrorism or hostile military or paramilitary action, or events of similar nature or character. Such damage must be so severe it prevents the building or equipment from being used for its intended function. Construction of a replacement building remains subject to the provisions of subsection (a). Sec. 14. K.S.A. 12-519, 12-520b, 12-521, 12-531, 12-532, 15-116, 15-117, 15-124 and 60-2301 and K.S.A. 2010 Supp. 19-214 and 25432 are hereby repealed. Sec. 15. This act shall take effect and be in force from and after its publication in the Kansas register.
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HOUSE BILL No. 2075

AN ACT concerning insurance; pertaining to review of healthcare decisions; pertaining to group life insurance; excluding insurance coverage for certain abortions; pertaining to the Kansas uninsurable health plan act; amending K.S.A. 40-22a13, 4022a14, 40-22a15 and 40-22a16 and K.S.A. 2010 Supp. 40-2,103, 40-433, 40-19c09, 40-2122 and 40-2124 and repealing the existing sections. Be it enacted by the Legislature of the State of Kansas: Section 1. From and after July 1, 2011, K.S.A. 2010 Supp. 40-433 is hereby amended to read as follows: 40-433. No policy of group life insurance shall be delivered in this state unless it conforms to one of the following descriptions: (1) A policy issued by an insurance company organized under the laws of the state of Kansas on its employees and agents, which agents for the purpose of this act only shall be deemed employees, the beneficiaries under such policies to be persons designated by each insured, or a policy issued to an employer, or to the trustees of a fund established by an employer, which employer or trustees shall be deemed the policyholder, to insure employees of the employer for the benefit of persons other than the employer, both subject to the following requirements: (a) The employees eligible for insurance under the policy shall be all of the employees of the employer, or all of any class or classes thereof determined by conditions pertaining to their employment. The policy may provide that the term employees shall include the employees of one or more subsidiary corporations, and the employees, individual proprietors, and partners of one or more affiliated corporations, proprietors or partnerships if the business of the employer and of such affiliated corporations, proprietors or partnerships is under common control through stock ownership, contract or otherwise. The policy may provide that the term employees shall include the individual proprietor or partners if the employer is an individual proprietor or a partnership. The policy may provide that the term employees shall include retired employees. No director of a corporate employer shall be eligible for insurance under the policy unless such person is otherwise eligible as a bona fide employee of the corporation by performing services other than the usual duties of a director. No individual proprietor or partner shall be eligible for insurance under the policy unless the proprietor or partner is actively engaged in and devotes a substantial part of their time to the conduct of the business of the proprietor or partnership. A policy issued to insure the employees of a public body may provide that the term employees shall include elected or appointed officials. (b) The premium for the policy shall may be paid by the policyholder, either wholly from the employers funds or funds contributed by the employer, or partly from such funds and partly from funds contributed by the insured employees. No policy shall be issued on which the entire premium is to be derived from funds contributed by the insured employees. A policy on which part of the premium is to be derived from funds contributed by the insured employees may be placed in force only if at least 75% of the then eligible employees, excluding any as to whom evidence of individual insurability is not satisfactory to the insurer, elect to make the required contribution or entirely by the employees at their option. A policy on which no part of the premium is to be derived from funds contributed by the insured employees shall insure all eligible employees, or all except any as to whom evidence of individual insurability is not satisfactory to the insurer or except those who reject the coverage in writing. (c) The policy shall cover at least two employees at date of issue. (d) The amounts of insurance under the policy shall be based upon some plan, precluding individual selection either by the employees or by the employer or trustees. (2) A policy issued to a creditor, who shall be deemed the policyholder, to insure debtors of the creditor, subject to the following requirements: (a) The debtors eligible for insurance under the policy shall be all of the debtors of the creditor whose indebtedness is repayable in installments, or all of any class or classes thereof determined by
conditions pertaining to the indebtedness or to the purchase giving rise to the indebtedness. (b) The premium for the policy shall be paid by the policyholder, either from the creditors funds or from charges collected from the insured debtors, or from both. A policy on which part or all of the premium is to be derived from the collection from the insured debtors of identifiable charges not required of uninsured debtors shall not include, in the class or classes of debtors eligible for insurance, debtors under obligations outstanding at its date of issue without evidence of individual insurability unless at least 75% of the then eligible debtors elect to pay the required charges. A policy on which no part of the premium is to be derived from the collection of such identifiable charges shall insure all eligible debtors, or all except any as to whom evidence of individual insurability is not satisfactory to the insurer. (c) The policy may be issued only if the group of eligible debtors is then receiving new entrants at the rate of at least 100 persons yearly, or may reasonably be expected to receive at least 100 new entrants during the first policy year, and only if the policy reserves to the insurer the right to require evidence of individual insurability if less than 75% of the new entrants become insured. (d) The amount of insurance on the life of any debtor shall at no time exceed the amount owed by that debtor which is repayable in installments to the creditor. (e) The insurance shall be payable to the policyholder. Such payment shall reduce or extinguish the unpaid indebtedness of the debtor to the extent of such payment. (3) A policy issued to a labor union, which shall be deemed the policyholder, to insure members of such union for the benefit of persons other than the union or any of its officials, representatives or agents, subject to the following requirements: (a) The members eligible for insurance under the policy shall be all of the members of the union, or all of any class or classes thereof determined by conditions pertaining to their employment, or to membership in the union, or both. (b) The premium for the policy shall may be paid by the policyholder, either wholly from the unions funds, or partly from such funds and partly from funds contributed by the insured members specifically for their insurance or entirely by the insured members at their option. No policy shall be issued on which the entire premium is to be derived from funds contributed by the insured members specifically for their insurance. A policy on which part of the premium is to be derived from funds contributed by the insured members specifically for their insurance may be placed in force only if at least 75% of the then eligible members excluding any as to whom evidence of individual insurability is not satisfactory to the insurer, elect to make the required contributions. A policy on which no part of the premium is to be derived from funds contributed by the insured members specifically for their insurance shall insure all eligible members, or all except any as to whom evidence of individual insurability is not satisfactory to the insurer or except those who reject coverage in writing. (c) The policy shall cover at least 25 members at date of issue. (d) The amounts of insurance under the policy shall be based upon some plan precluding individual selection either by the members or by the union. (4) A policy issued to the trustees of a fund established in this state by two or more employers if a majority of the employees to be insured of each employer are located within the state, or to the trustees of a fund established by one or more labor unions, or by one or more employers and one or more labor unions, which trustees shall be deemed the policyholder, to insure employees of the employers or members of the unions for the benefit of persons other than the employers or the unions, subject to the following requirements: (a) The persons eligible for insurance shall be all of the employees of the employers or all of the members of the unions, or all of any class or classes thereof determined by conditions pertaining to their employment, or to membership in the unions, or to both. The policy may provide that the term employees shall include retired employees and the individual proprietor or partners if any employer is an individual proprietor or a partnership. No director of a corporate employer shall be eligible for insurance under the policy unless such person is otherwise eligible as a bona
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fide employee of the corporation by performing services other than the usual duties of a director. No individual proprietor or partner shall be eligible for insurance under the policy unless the proprietor or partner is actively engaged in and devotes a substantial part of their time to the conduct of the business of the proprietor or partnership. The policy may provide that the term employees shall include the trustees or their employees, or both, if their duties are principally connected with such trusteeship. (b) The premium for the policy shall may be paid by the trustees either wholly from funds contributed by the employer or employers of the insured persons, or by the union or unions, or by both, or partly from such funds and partly from funds contributed by the insured employees or wholly from funds contributed by the employees or members at their option. No policy shall be issued on which the entire premium is to be derived from funds contributed by the insured persons. The policy shall insure all eligible persons, or all except any as to whom evidence of individual insurability is not satisfactory to the insurer or except those who reject coverage in writing. (c) The policy shall cover at date of issue at least 100 persons and not less than an average of five persons per employer unit. (d) The amounts of insurance under the policy shall be based upon some plan precluding individual selection either by the insured persons or by the policyholder, employers, or union. (e) The requirements of paragraphs (b) and (d) of this subsection governing employer contributions and amounts of insurance shall not apply to a voluntary term life insurance policy issued on a group basis. (5) A policy issued to an association which has been organized and is maintained for purposes other than that of obtaining insurance, insuring at least 25 members, employees, or employees of members of the association for the benefit of persons other than the association or its officers. The term employees as used herein shall be deemed to include retired employees. The premiums for the policies shall be paid by the policyholder, either wholly from association funds, or funds contributed by the members of such association or by employees of such members or any combination thereof. The amounts of insurance under the policy shall be based upon some plan precluding individual selection either by the insured person or by the association or by the member. (6) Any policy issued pursuant to this section may be extended to insure the employees against loss due to the death of their spouses, their children, their grandchildren, their spouses children, their spouses grandchildren, their parents, their spouses parents, or any class or classes thereof, subject to the following requirements: (a) The premium for the insurance shall may be paid by the policyholder, either from the employers funds or from funds contributed by the insured employees, or from both. If any part of the premium is to be derived from funds contributed by the insured employees, the insurance with respect to spouses, their children, their grandchildren, their spouses children, their spouses grandchildren, their parents and their spouses parents may be placed in force only if at least 75% of the then eligible employees, excluding any as to whose family members evidence of insurability is not satisfactory to the insurer, elect to make the required contribution. If no part of the premium is to be derived from funds contributed by the employees, all eligible employees, excluding any as to whose family members evidence of insurability is not satisfactory to the insurer, shall be insured with respect to their spouses, their children, their grandchildren, their spouses children, their spouses grandchildren, their parents, their spouses parents. (b) The amounts of insurance shall be based upon some plan precluding individual selection either by the employees or by the policyholder, or employer and shall not exceed with respect to any spouse, child or parent 50% of the insurance on the life of such insured employee. (c) (b) Upon termination of the insurance with respect to the spouse of an employee by reason of the employees termination of employment or death, the spouse insured pursuant to this section shall have the same conversion rights as to the insurance on such spouses life as is provided for the employee under K.S.A. 40-434, and amendments thereto. (d) (c) Notwithstanding the provisions of K.S.A. 40-434, and amendments thereto only one certificate need be issued for deliv Kansas Secretary of State 2011
ery to an insured person if a statement concerning any dependents coverage is included in such certificate. (e) The requirements of paragraphs (a) and (b) of this subsection governing participation, contribution by an employer and amounts of insurance for dependents shall not apply to a voluntary term life insurance policy issued on a group basis. (7) A policy may be issued to any other group which the commissioner of insurance finds is the proper subject of a group life insurance policy or contract. Any such group shall be subject to any appropriate conditions or provisions relating thereto which the commissioner may establish or require, consistent with the provisions of this act, and such conditions and provisions shall be included in the policy or contract. Sec. 2. From and after July 1, 2011, K.S.A. 40-22a13 is hereby amended to read as follows: 40-22a13. On and after January 1, 2000 July 1, 2011, for the purposes of K.S.A. 40-22a13 through 40-22a16, and amendments thereto: (a) Adverse decision means a utilization review determination by a third-party administrator, a health insurance plan, an insurer or a health care provider acting on behalf of an insured that a proposed or delivered health care service which would otherwise be covered under an insureds contract is not or was not medically necessary or the health care treatment has been determined to be experimental or investigational and,: (1) If the requested service is provided in a manner that leaves the insured with a financial obligation to the provider or providers of such services,; or (2) the adverse decision is the reason for the insured not receiving the requested services. (b) Emergency medical condition means: (1) The sudden, and at the time, unexpected onset of a health condition that requires immediate medical attention, where failure to provide medical attention would result in a serious impairment to bodily functions, serious dysfunction of a bodily organ or part or would place a persons health in serious jeopardy.; (2) a medical condition where the time frame for completion of a standard external review would seriously jeopardize the life or health of the insured or would jeopardize the insureds ability to regain maximum function; or (3) a medical condition for which coverage has been denied based on a determination that the recommended or requested health care service or treatment is experimental or investigational, if the insureds treating physician certifies, in writing, that the recommended or requested health care service or treatment for the medical condition would be significantly less effective if not promptly initiated. (c) External review organization means an entity that conducts independent external reviews of adverse decisions pursuant to a contract with the commissioner. Such entity shall have experience serving as the external quality review organization in health programs administered by the state of Kansas, or be a nationally accredited external review organization which utilizes health care providers actively engaged in the practice of their profession in the state of Kansas who are qualified and credentialed with respect to the health care service review. In the event no Kansas providers are qualified and credentialed with respect to the review of any case, the external review organization shall have the discretion to employ health care providers who actively engage in such health care providers practice outside the state of Kansas. (d) Health insurance plan means any hospital or medical expense policy, health, hospital or medical service corporation contract, and a plan provided by a municipal group-funded pool, or a health maintenance organization contract offered by an employer or any certificate issued under any such policies, contracts or plans. (e) Insured means the beneficiary of any health insurance company, fraternal benefit society, health maintenance organization, nonprofit hospital and medical service corporation, municipal group-funded pool, and the self-funded coverage established by the state of Kansas, or any hospital or medical expense, health, hospital or medical service corporation contract or a plan provided by a municipal group-funded pool. (f) Insurer means any health insurance company, fraternal benefit society, health maintenance organization, nonprofit hospital and medical service corporation, provider sponsored organizations, municipal group-funded pool and the self-funded coverage established by the state of Kansas for its employees.
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Sec. 3. From and after July 1, 2011, K.S.A. 40-22a14 is hereby amended to read as follows: 40-22a14. On and after January 1, 2000 July 1, 2011: (a) The provisions of K.S.A. 40-22a13 through 40-22a16, and amendments thereto, shall not apply to any policy or certificate which provides coverage for any specified disease, specified accident or accident only coverage, credit, dental, disability income, hospital indemnity, long-term care insurance as defined by K.S.A. 40-227, and amendments thereto, vision care or any other limited supplemental benefit nor to any medicare supplement policy of insurance as defined by the commissioner of insurance by rule and regulation, coverage under a plan through medicare, medicaid, or the federal employees health benefits program, any coverage issues as a supplement to liability insurance, workers compensation or similar insurance, automobile medical-payment insurance or any insurance under which benefits are payable with or without regard to fault, whether written on a group, blanket or individual basis. (b) The right to external review under K.S.A. 40-22a13 through 40-22a16, and amendments thereto, shall not be construed to change the terms of coverage under a health insurance plan or insurance policy. (c) The insurer or health insurance plan shall provide written notice to the insured of a final adverse decision and the opportunity for requesting an external review. (d) (1) The insured has the right to request an independent external review of an adverse decision by a health insurance plan or insurer when: (1) (A) The insured has exhausted all available internal review procedures provided by the health insurance plan or insurer, unless the insured has an emergency medical condition, in which case an expedited procedure is used; or (2) (B) the insured has not received a final decision from the insurer within 60 days of seeking the internal review, except to the extent that the delay was requested by the insured. (2) Whenever an insurer or health insurance plan fails to strictly adhere to all appeal procedure requirements as prescribed by state or federal law, the claimant shall be deemed to have exhausted the internal claims and appeal process regardless of whether such insurer or health insurance plan asserts that: (A) It has substantially complied with such appeal procedure; or (B) any error it committed was de minimis. (e) Within 90 120 days of receipt of an adverse decision by a health insurance plan or an insurer, any request for external review shall be made in writing to the commissioner from the following persons: (1) The insured; (2) the treating physician or health care provider acting on behalf on of the insured with written authorization from the insured; or (3) a legally authorized designee of the insured. (f) The insured shall provide all information in the possession of the insured pertaining to the adverse decision in order for the commissioner to make a preliminary determination for an external review. The insured also shall provide the commissioner with an appeal form, and a fully executed release for the commissioner and the external review organization to obtain any necessary medical records from the insurer or health insurance plan and any other relevant provider. (g) In responding to the commissioner, the insurer or health insurance plan shall provide a copy of the adverse decision given to the insured and all medical and other records pertaining to the insureds claim within five business days of the request of the commissioner. (h) The confidentiality of any medical information submitted by the insured, on behalf of the insured, insurer or health insurance plan, shall be maintained pursuant to applicable state and federal laws. Sec. 4. From and after July 1, 2011, K.S.A. 40-22a15 is hereby amended to read as follows: 40-22a15. On and after January 1, 2000 July 1, 2011: (a) The commissioner shall: (1) Negotiate contracts with external review organizations which are eligible to conduct independent review of the adverse decision by a health insurance plan or insurer; (2) allow the insurer or the health insurance plan, an insured or treating physician or health care provider acting on behalf of the insured, or legally authorized designee filing a request for ex-
ternal review to provide additional written information as may be relevant for the commissioner to make a final decision on whether the request qualified for external review; (3) make a decision on a request for external review within 10 business days after receiving all necessary information; (4) notify the insured and treating physician or health care provider acting on behalf of the insured, or legally authorized designee, and insurer or health insurance plan in writing that a request for external review will or will not be granted; and (5) design and implement an expedited procedure for use in an emergency medical condition for purposes of the external review organization rendering a decision. (b) The external review organization as defined in subsection (c) of K.S.A. 40-22a13, and amendments thereto, shall provide that all reviews completed pursuant to K.S.A. 40-22a13 through 4022a16, and amendments thereto, are conducted by qualified and credentialed health care providers with respect to the health care service under review and who have no conflict of interest relating to the performance of the external review organizations duties in K.S.A. 40-22a13 through 40-22a16, and amendments thereto. (c) The external review organization shall issue a written decision to the insured and concurrently send a copy of such decision to the commissioner including the basis and rationale for its decision within 30 business days. The standard of review shall be whether the health care service denied by the insurer or health insurance plan was medically necessary under the terms of the insureds contract. In reviews regarding experimental or investigational treatment, the standard of review shall be whether the health care service denied by the insurer or health insurance plan was covered or excluded from coverage under the terms of the insureds contract. (d) The external review organization shall provide expedited resolution when an emergency medical condition exists, and shall resolve all issues within seven business days not more than 72 hours after the date of receipt of the request for an expedited external review, or as expeditiously as the insureds medical condition or circumstances require. (e) The external review organization shall maintain and report such data as may be required by the commissioner in order to assess the effectiveness of the external review process. (f) No external review organization nor any individual working on behalf of such organization shall be liable in damages to any insured, health insurance plan or insurer for any opinion rendered as part of an external review conducted pursuant to K.S.A. 40-22a13 through 40-22a16, and amendments thereto. (g) The external review organization shall maintain confidentiality of the medical records of the insured in accordance to state and federal law. (h) The external review organizations fee for performance of any external review may be paid by the commissioner, the insurer or the health insurance plan. In no event shall the insured be held responsible for any portion of such fee. Sec. 5. From and after July 1, 2011, K.S.A. 40-22a16 is hereby amended to read as follows: 40-22a16. On and after January 1, 2000 July 1, 2011: (a) The decision of the external review organization may be reviewed directly by the district court at the request of either the insured, insurer or health insurance plan. The review by the district court shall be de novo. The decision of the external review organization shall not preclude the insured, insurer or health insurance plan from exercising other available remedies applicable under state or federal law. Seeking a review by the district court or any other available remedies exercised by the insured, insurer or health insurance plan after the decision of the external review organization will not stay the external review organizations decision as to the payment or provision of services to be rendered during the pendency of the review by the insurer or health insurance plan. All material used in an external review and the decision of the external review organization as a result of the external review shall be deemed admissible in any subsequent litigation. (b) In no event shall more than one external review be available during the same year for any request arising out of the same set of facts during a period of 12 consecutive months commencing on the date of the initial request for external review. An insured may not pursue,
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either concurrently or sequentially, an external review process under both a federal and state law. In the event external review processes are available pursuant to federal law and this act, the insured shall have the option of designating which external review process will be utilized. (c) The commissioner of insurance is hereby authorized to negotiate and enter into contracts necessary to perform the duties required by K.S.A. 40-22a13 through 40-22a16, and amendments thereto. (d) The commissioner of insurance shall adopt rules and regulations necessary to carry out the purposes of K.S.A. 40-22a13 through 40-22a16, and amendments thereto. The rules and regulations shall ensure that the commissioner is able to provide for an effective and efficient external review of health care services. (e) Except as provided in subsection (a), the decision of the external review organization shall be binding on the insured and the insurer or health insurance plan. Sec. 6. K.S.A. 2010 Supp. 40-2122 is hereby amended to read as follows: 40-2122. (a) The following individuals shall be eligible for plan coverage provided they meet the criteria set forth in subsection (b): (1) Any person who has been a resident of this state for at least six months; (2) any person who is a legal domiciliary of this state who previously was covered under the high risk pool of another state, provided they apply for coverage under the plan within 63 days of losing such other coverage for reasons other than fraud or nonpayment of premiums; (3) any federally defined eligible individual who is a legal domiciliary of this state; or (4) any federally defined eligible individual for FTAA. (b) Those individuals who are eligible for plan coverage under subsection (a) must provide evidence satisfactory to the administering carrier that such person meets one of the following criteria: (1) Such person has had health insurance coverage involuntarily terminated for any reason other than nonpayment of premium; (2) such person has applied for health insurance and been rejected by two carriers because of health conditions; (3) Such person is a child under the age of 19 years and has been unable to purchase or obtain coverage under an individual health insurance policy providing health insurance coverage, because such coverage is not available for sale in the county in which the child resides; (3) (4) such person has applied for health insurance and has been quoted a premium rate which is in excess of the plan rate; (4) (5) such person has been accepted for health insurance subject to a permanent exclusion of a preexisting disease or medical condition; (5) (6) such person is a federally defined eligible individual; or (6) (7) such person is a federally defined eligible individual for FTAA. (c) Each resident dependent of a person who is eligible for plan coverage shall also be eligible for plan coverage. (d) The following persons shall not be eligible for coverage under the plan: (1) Any person who is eligible for medicare or is eligible for medicaid benefits; (2) any person who has had coverage under the plan terminated less than 12 months prior to the date of the current application, except that this provision shall not apply with respect to an applicant who is a federally defined eligible individual; (3) any person who has received accumulated benefits from the plan equal to or in excess of the lifetime maximum benefits under the plan prescribed by K.S.A. 40-2124, and amendments thereto; (4) any person having access to accident and health insurance through an employer-sponsored group or self-insured plan, including coverage under the consolidated omnibus budget reconciliation act (COBRA), except that the requirement for exhaustion of any available COBRA or state continuation is waived whenever such person: (A) Is eligible for the credit for health care costs under section 35 of the internal revenue code of 1986; and (B) has three months of prior creditable coverage as described in subsection (c) of K.S.A. 40-2124, and amendments thereto; or (5) any person who is eligible for any other public or private program that provides or indemnifies for health services.
(e) Any person who ceases to meet the eligibility requirements of this section may be terminated at the end of a policy period. (f) All plan members, insurers and insurance arrangements shall notify in writing persons denied health insurance coverage, for any reason, of the availability of coverage through the Kansas health insurance association. Sec. 7. K.S.A. 2010 Supp. 40-2124 is hereby amended to read as follows: 40-2124. (a) Coverage under the plan shall be subject to both deductible and coinsurance provisions set by the board. The plan shall offer to current participants and new enrollees no fewer than four choices of deductible and copayment options. Coverage shall contain a coinsurance provision for each service covered by the plan, and such copayment requirement shall not be subject to a stop-loss provision. Such coverage may provide for a percentage or dollar amount of coinsurance reduction at specific thresholds of copayment expenditures by the insured. (b) Coverage under the plan shall be subject to a maximum lifetime benefit of $2,000,000 $3,000,000 per covered individual. (c) Coverage under the plan shall exclude charges or expenses incurred during the first 90 days following the effective date of coverage as to any condition: (1) Which manifested itself during the six-month period immediately prior to the application for coverage in such manner as would cause an ordinarily prudent person to seek diagnosis, care or treatment; or (2) for which medical advice, care or treatment was recommended or received in the sixmonth period immediately prior to the application for coverage. In succeeding years of operation of the plan, coverage of preexisting conditions may be excluded as determined by the board, except that no such exclusion shall exceed 180 calendar days, and no exclusion shall be applied to either a federally defined eligible individual provided that application for coverage is made not later than 63 days following the applicants most recent prior creditable coverage or an individual under the age of 19 years who is eligible for enrollment in the plan under paragraph (3) of subsection (b) of K.S.A. 40-2122, and amendments thereto. For any individual who is eligible for the credit for health insurance costs under section 35 of the internal revenue code of 1986, the preexisting conditions limitation will not apply whenever such individual has maintained creditable health insurance coverage for an aggregate period of three months, not counting any period prior to a 63-day break in coverage, as of the date on which such individual seeks to enroll in coverage provided by this act. (d) (1) Benefits otherwise payable under plan coverage shall be reduced by all amounts paid or payable through any other health insurance, or insurance arrangement, and by all hospital and medical expense benefits paid or payable under any workers compensation coverage, automobile medical payment or liability insurance whether provided on the basis of fault or nonfault, and by any hospital or medical benefits paid or payable under or provided pursuant to any state or federal law or program. (2) The association shall have a cause of action against an eligible person for the recovery of the amount of benefits paid which are not covered expenses. Benefits due from the plan may be reduced or refused as a set-off against any amount recoverable under this section. New Sec. 8. (a) Any individual or group health insurance policy, medical service plan, contract, hospital service corporation contract, hospital and medical service corporation contract, fraternal benefit society or health maintenance organization, municipal group-funded pool and the state employee health care benefits plan which is delivered, issued for delivery, amended or renewed on or after July 1, 2011, shall exclude coverage for elective abortions, unless the procedure is necessary to preserve the life of the mother. Coverage for abortions may be obtained through an optional rider for which an additional premium is paid. The premium for the optional rider shall be calculated so that it fully covers the estimated cost of covering elective abortions per enrollee as determined on an average actuarial basis. (b) No health insurance exchange established within this state or any health insurance exchange administered by the federal government or its agencies within this state shall offer health insurance contracts, plans, or policies that provide coverage for elective abortions, nor shall any health insurance exchange operating within this state offer coverage for elective abortions through the purchase of an optional rider.
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(c) For the purposes of this section: (1) Abortion means the use or prescription of any instrument, medicine, drug or any other substance or device to terminate the pregnancy of a woman known to be pregnant with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead unborn child who died as the result of natural causes in utero, accidental trauma or a criminal assault on the pregnant woman or her unborn child and which causes the premature termination of the pregnancy. (2) Elective means an abortion for any reason other than to prevent the death of the mother upon whom the abortion is performed; provided, that an abortion may not be deemed one to prevent the death of the mother based on a claim or diagnosis that she will engage in conduct which will result in her death. (d) The provisions of this section shall be effective from and after July 1, 2011. Sec. 9. From and after July 1, 2011, K.S.A. 2010 Supp. 40-2,103 is hereby amended to read as follows: 40-2,103. The requirements of K.S.A. 40-2,100, 40-2,101, 40-2,102, 40-2,104, 40-2,105, 40-2,114, 40-2,160, 40-2,165 through 40-2,170, inclusive, 40-2250, K.S.A. 2010 Supp. 40-2,105a, 40-2,105b and, 40-2,184 and section 8, and amendments thereto, shall apply to all insurance policies, subscriber contracts or certificates of insurance delivered, renewed or issued for delivery within or outside of this state or used within this state by or for an individual who resides or is employed in this state. Sec. 10. From and after July 1, 2011, K.S.A. 2010 Supp. 40-19c09 is hereby amended to read as follows: 40-19c09. (a) Corporations organized under the nonprofit medical and hospital service corporation act shall be subject to the provisions of the Kansas general corporation code, articles 60 to 74, inclusive, of chapter 17 of the Kansas Statutes Annotated, and amendments thereto, applicable to nonprofit corporations, to the provisions of K.S.A. 40-214, 40-215, 40-216, 40-218, 40-219, 40-222, 40-223, 40-224, 40-225, 40-226, 40229, 40-230, 40-231, 40-235, 40-236, 40-237, 40-247, 40-248, 40-249, 40-250, 40-251, 40-252, 40-254, 40-2,100, 40-2,101, 40-2,102, 40-2,103, 40-2,104, 40-2,105, 40-2,116, 40-2,117, 40-2,153, 40-2,154, 40-2,160, 40-2,161, 40-2,163 through 40-2,170, inclusive, 40-2a01 et seq., 402111 to 40-2116, inclusive, 40-2215 to 40-2220, inclusive, 40-2221a, 40-2221b, 40-2229, 40-2230, 40-2250, 40-2251, 40-2253, 40-2254, 402401 to 40-2421, inclusive, and 40-3301 to 40-3313, inclusive, K.S.A. 2010 Supp. 40-2,105a, 40-2,105b and, 40-2,184 and section 8, and amendments thereto, except as the context otherwise requires, and shall not be subject to any other provisions of the insurance code except as expressly provided in this act. (b) No policy, agreement, contract or certificate issued by a corporation to which this section applies shall contain a provision which excludes, limits or otherwise restricts coverage because medicaid benefits as permitted by title XIX of the social security act of 1965 are or may be available for the same accident or illness. (c) Violation of subsection (b) shall be subject to the penalties prescribed by K.S.A. 40-2407 and 40-2411, and amendments thereto. New Sec. 11. From and after July 1, 2011, any provisions of section 8, and amendments thereto, or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of such section which can be given effect without the invalid provisions or application, and to this end, the provisions of section 8, and amendments thereto, are severable. Sec. 12. From and after July 1, 2011, K.S.A. 40-22a13, 40-22a14, 40-22a15 and 40-22a16 and K.S.A. 2010 Supp. 40-433, 40-2,103 and 40-19c09 are hereby repealed. Sec. 13. K.S.A. 40-2122 and 40-2124 are hereby repealed. Sec. 14. This act shall take effect and be in force from and after its publication in the Kansas register.
House Substitute for SENATE BILL No. 154

AN ACT concerning the issuance of bonds; relating to the national bio and agro defense facility; relating to engineering expansion; providing certain powers, duties and functions for the Kansas development finance authority; state finance council and department of administration; amending K.S.A. 2010 Supp. 748963 and repealing the existing section. Be it enacted by the Legislature of the State of Kansas: Section 1. K.S.A. 2010 Supp. 74-8963 is hereby amended to read as follows: 74-8963. (a) For the purpose of financing a capital improvement project of the Kansas bioscience authority relating to a national bio and agro defense facility, the Kansas development finance authority is hereby authorized to issue one or more series of revenue bonds pursuant to the Kansas development finance authority act, K.S.A. 74-8901 et seq., and amendments thereto, in an amount necessary to provide a deposit or deposits to the bioscience development and investment fund, established by K.S.A. 74-99b34, and amendments thereto which is hereby created in the state treasury and shall be administered by the department of administration in accordance with the provisions of this section and K.S.A. 2010 Supp. 74-8964 through 74-8967, and amendments thereto, in a total amount not to exceed $105,000,000, plus all amounts required for costs of bond issuance, costs of interest on the bonds issued for such capital improvement project during the construction of such project, cost of bond insurance or other credit enhancement for the bonds and any required reserves for the payment of principal and interest on the bonds, for a capital improvement project relating to a national bio and agro defense facility, including, but not limited to, land acquisition, site preparation, fencing, central utility plant facility construction and improvements, including electric, water and sewer utility infrastructure construction and equipment, lift stations, street grading, paving, graveling, macadamizing, curbing, guttering and surfacing, street light fixture connections and facilities, underground gas, water, heating and electrical services and connections, sidewalks and parking facilities, drives and driveway approaches, landscaping and plantings and related facilities and amenities to develop and finance the project. (b) On and after the effective date of this act, prior to the issuance of any bonds pursuant to this section, the capital improvement project described in subsection (a) shall be approved for the Kansas bioscience authority department of administration for the purposes of subsection (c) (b) of K.S.A. 74-8905, and amendments thereto, and for the purposes of K.S.A. 74-99b10, and amendments thereto, and the authorization of the issuance of bonds by the Kansas development finance authority shall be approved by the Kansas development finance authority in accordance with K.S.A. 74-8901 et seq., and amendments thereto, and, for all bonds issued on or after the effective date of this act, shall be approved by the state finance council acting on this matter which is hereby characterized as a matter of legislative delegation and subject to the guidelines prescribed in subsection (c) of K.S.A. 75-3711c, and amendments thereto, except that such approval also may be given when the legislature is in session. (c) The Kansas bioscience authority department of administration may only make expenditures from the moneys received from the issuance of any bonds pursuant to this section for those purposes set forth in subsection (a) for the capital improvement project. (d) The debt service for any such bonds issued pursuant to this section shall be financed by appropriations from the state general fund or any appropriate special revenue fund or funds. (e) The date of maturity on bonds issued pursuant to this section shall not be fixed for a period of time which exceeds 20 years from the date of issuance. (f) The proceeds from the sale of any bonds, other than refunding bonds, issued pursuant to this section, after payment of any costs related to the issuance of such bonds, shall be paid by the Kansas development finance authority to the Kansas bioscience authority department of administration to be applied to the payment of the costs of the capital improvement project authorized by resolution of the Kansas bioscience authority pursuant to this section as requested by the secretary of administration and by resolution of the Kansas development finance authority.
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New Sec. 2. The university of Kansas is hereby authorized to initiate and complete a capital improvement project for the university of Kansas school of engineering expansion project phase II and such capital improvement project is hereby approved for the university of Kansas for the purposes of subsection (b) of K.S.A. 74-8905, and amendments thereto, and the authorization of the issuance of bonds by the Kansas development finance authority in accordance with that statute. The university of Kansas may make expenditures from the moneys received from the issuance of any such bonds for such capital improvement project, except that expenditures from the moneys received from the issuance of any such bonds for such capital improvement project shall not exceed $65,000,000, plus all amounts required for costs of bond issuance, costs of interest on the bonds issued for such capital improvement project during the construction of such project and any required reserves for the payment of principal and interest on the bonds. All moneys received from the issuance of any such bonds shall be deposited and accounted for as prescribed by applicable bond covenants. Debt service for any such bonds for such capital improvement project shall be financed by appropriations from any appropriate special revenue fund or funds of the university of Kansas. Sec. 3. K.S.A. 2010 Supp. 74-8963 is hereby repealed. Sec. 4. This act shall take effect and be in force from and after its publication in the Kansas register.
HOUSE BILL No. 2054

AN ACT concerning certain state agencies; pertaining to the Kansas technology enterprise corporation and the abolishing thereof; pertaining to the transfer of the powers and duties thereof to the department of commerce and the board of regents; pertaining to the membership of the Kansas bioscience authority; amending K.S.A. 74-5001a, 74-8102, 74-8103, 74-8106, 74-8107, 74-8108, 74-8108a, 74-8109, 74-8110, 74-8111, 74-8316, 74-8317, 74-8318, 74-8319, 74-8401, 75-2935b, 75-3208 and 76-770 and K.S.A. 2010 Supp. 74-520a, 74-5005, 74-50,133, 74-50,151, 7450,156, 74-8104, 74-8131, 74-8132, 74-8133, 74-8134, 74-8135, 748136, 74-99b03, 74-99b04, 74-99b09, 74-99b63, 74-99b66, 74-99c03 and 75-2935 and repealing the existing sections; also repealing K.S.A. 74-5050, 74-8101 and 74-8105. Be it enacted by the Legislature of the State of Kansas: New Section 1. The Kansas technology enterprise corporation, created by K.S.A. 74-8101 et seq., and amendments thereto, is hereby abolished. New Sec. 2. Except as otherwise provided in sections 5 through 7, and amendments thereto, on the effective date of this act: (a) All of the powers, duties and functions of the Kansas technology enterprise corporation are hereby transferred to and conferred and imposed upon the department of commerce and the secretary of commerce. (b) The director of accounts and reports shall transfer all balances for all funds or accounts thereof appropriated or reappropriated for the Kansas technology enterprise corporation to the department of commerce. (c) All liabilities of the Kansas technology enterprise corporation, including accrued compensation or salaries of officers and employees who are transferred to the department of commerce under this section shall be assumed and paid by the department of commerce. New Sec. 3. Except as otherwise provided in sections 5 through 7, and amendments thereto, on the effective date of this act: (a) The department of commerce and the secretary of commerce shall be the successor in every way to the powers, duties and functions of the Kansas technology enterprise corporation in which the same were vested prior to the effective date of this section and that are transferred pursuant to section 2, and amendments thereto. Every act performed in the exercise of such transferred powers, duties and functions by or under the department of commerce or the secretary of commerce pursuant to section 2, and amendments thereto, shall be deemed to have the same force and
effect as if performed by the Kansas technology enterprise corporation in which such powers, duties and functions were vested prior to the effective date of this section. (b) Whenever the Kansas technology enterprise corporation, or words of like effect, are referred to or designated by a statute, contract or other document and such reference is in regard to any of the powers, duties or functions transferred to the department of commerce pursuant to section 2, and amendments thereto, such reference or designation shall be deemed to apply to the department of commerce or the secretary of commerce as the context requires. (c) All rules and regulations, orders and directives of the Kansas technology enterprise corporation which are in effect on the effective date of this section shall continue to be effective and shall be deemed to be rules and regulations, orders and directives of the department of commerce or the secretary of commerce until revised, amended, revoked or nullified pursuant to law. (d) The secretary of commerce shall have the legal custody of all records, memoranda, writings, entries, prints, representations, electronic data or combinations thereof of any act, transaction, occurrence or event of the Kansas technology enterprise corporation. (e) The secretary of commerce shall be the continuation of the Kansas technology enterprise corporation. (f) (1) All officers and employees who, immediately prior to such date, were engaged in the performance of powers, duties or functions of the Kansas technology enterprise corporation concerning programs transferred pursuant to sections 2 and 3, and amendments thereto, or who become a part of the department of commerce, or the powers, duties and functions of which are transferred to the department of commerce, and who, in the opinion of the secretary of commerce, are necessary to perform the powers, duties and functions of the department of commerce, shall be transferred to, and shall become officers and employees of the department of commerce. (2) Officers and employees of the Kansas technology enterprise corporation transferred by this act shall retain all retirement benefits and leave balances and rights which had accrued or vested prior to the date of transfer. The service of each such officer and employee so transferred shall be deemed to have been continuous. All transfers, layoffs or abolition of classified service positions under the Kansas civil service act shall be made in accordance with the civil service laws and any rules and regulations adopted thereunder. Nothing in this act shall affect the classified status of any transferred person employed by the Kansas technology enterprise corporation. New Sec. 4. (a) When any conflict arises as to the disposition of any property, power, duty or function or the unexpended balance of any appropriation as a result of any abolition or transfer made by or under section 2, and amendments thereto, shall be resolved by the governor, whose decision shall be final. (b) The department of commerce shall succeed to all property, property rights and records which were used for or pertain to the performance of powers, duties and functions transferred to the department of commerce pursuant to section 2, and amendments thereto. Any conflict as to the proper disposition of property, personnel or records arising under this section or sections 2 or 3, and amendments thereto, shall be determined by the governor, whose decision shall be final. New Sec. 5. (a) On the effective date of this act, the following powers, duties and functions of the Kansas technology enterprise corporation are hereby transferred to and conferred and imposed upon the board of regents: (1) All powers, duties and functions under K.S.A. 74-8102 through 74-8111, and amendments thereto, relating to the strategic technology and research (STAR) fund; and (2) all powers, duties and functions under K.S.A. 74-8102 through 74-8111, and amendments thereto, relating to the experimental program to stimulate competitive research (EPSCoR). (b) The director of accounts and reports shall transfer all balances for all funds or accounts thereof appropriated or reappropriated for the Kansas technology enterprise corporation relating to the powers, duties and functions transferred by this section, and amendments thereto, to the board of regents. (c) All liabilities of the Kansas technology enterprise corporation relating to the powers, duties and functions transferred by this
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section, and amendments thereto, including accrued compensation or salaries of officers and employees who are transferred to the board of regents under this section, and amendments thereto, shall be assumed and paid by the board of regents. New Sec. 6. On and after the effective date of this act: (a) The board of regents shall be the successor in every way to the powers, duties and functions of the Kansas technology enterprise corporation in which the same were vested prior to the effective date of this section, and amendments thereto, and that are transferred pursuant to section 5, and amendments thereto. Every act performed in the exercise of such transferred powers, duties and functions by or under the board of regents pursuant to section 5, and amendments thereto, shall be deemed to have the same force and effect as if performed by the Kansas technology enterprise corporation in which such powers, duties and functions were vested prior to the effective date of this section, and amendments thereto. (b) Whenever the Kansas technology enterprise corporation, or words of like effect, are referred to or designated by a statute, contract or other document and such reference is in regard to any of the powers, duties or functions transferred to the board of regents pursuant to section 5, and amendments thereto, such reference or designation shall be deemed to apply to the board of regents. (c) All rules and regulations, orders and directives of the Kansas technology enterprise corporation which relate to the powers, duties and functions transferred by section 5, and amendments thereto, and which are in effect on the effective date of this section, and amendments thereto, shall continue to be effective and shall be deemed to be rules and regulations, orders and directives of the board of regents until revised, amended, revoked or nullified pursuant to law. (d) The board of regents shall have the legal custody of all records, memoranda, writings, entries, prints, representations, electronic data or combinations thereof of any act, transaction, occurrence or event of the Kansas technology enterprise corporation relating to the powers, duties and functions transferred by section 5, and amendments thereto. (e) The board of regents shall be the continuation of the Kansas technology enterprise corporation relating to the powers, duties and functions transferred by section 5, and amendments thereto. (f) (1) All officers and employees who, immediately prior to such date, were engaged in the performance of powers, duties or functions of the Kansas technology enterprise corporation concerning programs transferred pursuant to section 5, and amendments thereto, or who become a part of the board of regents, or the powers, duties and functions of which are transferred to the board of regents, and who, in the opinion of the board of regents, are necessary to perform the powers, duties and functions of the board of regents, shall be transferred to, and shall become officers and employees of the board of regents. (2) Officers and employees of the Kansas technology enterprise corporation transferred by this act shall retain all retirement benefits and leave balances and rights which had accrued or vested prior to the date of transfer. The service of each such officer and employee so transferred shall be deemed to have been continuous. All transfers, layoffs or abolition of classified service positions under the Kansas civil service act shall be made in accordance with the civil service laws and any rules and regulations adopted thereunder. Nothing in this act shall affect the classified status of any transferred person employed by the Kansas technology enterprise corporation. New Sec. 7. (a) When any conflict arises as to the disposition of any property, power, duty or function or the unexpended balance of any appropriation as a result of any abolition or transfer made by or under section 5, and amendments thereto, shall be resolved by the governor, whose decision shall be final. (b) The board of regents shall succeed to all property, property rights and records which were used for or pertain to the performance of powers, duties and functions transferred to the board of regents pursuant to section 5, and amendments thereto. Any conflict as to the proper disposition of property, personnel or records arising under this section or sections 5 or 6, and amendments thereto, shall be determined by the governor, whose decision shall be final. New Sec. 8. (a) No suit, action or other proceeding, judicial or administrative, lawfully commenced, or which could have been
commenced, by or against any state agency or program mentioned in sections 2 through 7, and amendments thereto, or by or against any officer of the state in such officers official capacity or in relation to the discharge of such officers official duties, shall abate by reason of the governmental reorganization effected under the provisions of sections 2 through 7, and amendments thereto. The court may allow any such suit, action or other proceeding to be maintained by or against the successor of any such state agency or any officer affected. (b) No criminal action commenced or which could have been commenced by the state shall abate by the taking effect of this section, and amendments thereto. New Sec. 9. New Sections 1 through 8, inclusive, shall become effective on July 1, 2011. Sec. 10. From and after July 1, 2011, K.S.A. 2010 Supp. 74-520a is hereby amended to read as follows: 74-520a. (a) On and after March 15, 1995, the Kansas state fair board is hereby established. The Kansas state fair board shall consist of the following members: (1) The secretary of agriculture or the successor of the secretary of agriculture, or the secretarys designee; (2) the secretary of commerce, or the secretarys designee; (3) the director of extension of Kansas state university of agriculture and applied science, or the directors designee; (4) one person appointed by the governor from three persons nominated by the Kansas chamber of commerce and industry; (5) one person appointed by the governor from three persons nominated by the travel industry association of Kansas; (6) one person appointed by the governor from three persons nominated by the Kansas fairs association; and (7) one person appointed by the Kansas technology enterprise corporation from among the board of directors of the Kansas technology enterprise corporation; and (8) six seven people from the general public appointed by the governor. Of such people appointed, one shall be from each of the five extension areas, as established in subsection (e), and one two shall represent the state at large. Directors of each extension area shall submit three nominations to the governor. Such persons nominated shall be actively involved in agriculture production or agribusiness. (b) Of the persons initially appointed by the governor under subsection (a), three shall have a term of one year, three shall have a term of two years and three shall have a term of three years and until a successor is appointed and qualified. Thereafter, all members shall have terms of three years and until a successor is appointed and qualified. (c) Any vacancy occurring on the Kansas state fair board shall be filled as the original appointment was made. (d) If any of the members able to appoint a designee does so, the designee shall be appointed for a term of not less than one year. (e) For the purpose of this section the state shall be divided into five extension areas. The northwest extension area shall include the following counties: Cheyenne, Rawlins, Decatur, Norton, Phillips, Smith, Osborne, Rooks, Graham, Sheridan, Thomas, Sherman, Wallace, Logan, Gove, Trego, Ellis, Russell, Barton, Rush and Ness. The southwest extension area shall include the following counties: Greeley, Wichita, Scott, Lane, Pawnee, Hodgeman, Finney, Kearny, Hamilton, Edwards, Ford, Gray, Haskell, Grant, Stanton, Morton, Stevens, Seward, Meade, Clark, Comanche and Kiowa. The south central extension area shall include the following counties: Lincoln, Ottawa, Dickinson, Ellsworth, Saline, Rice, McPherson, Marion, Reno, Harvey, Butler, Kingman, Sedgwick, Cowley, Sumner, Harper, Barber, Pratt and Stafford. The southeast extension area shall include the following counties: Morris, Chase, Lyon, Osage, Franklin, Miami, Coffey, Anderson, Linn, Bourbon, Allen, Woodson, Greenwood, Elk, Wilson, Neosho, Crawford, Chautauqua, Montgomery, Labette and Cherokee. The northeast extension area shall include the following counties: Jewell, Republic, Washington, Marshall, Nemaha, Brown, Doniphan, Mitchell, Cloud, Clay, Riley, Pottawatomie, Jackson, Atchison, Jefferson, Leavenworth, Wyandotte, Johnson, Douglas, Shawnee, Wabaunsee and Geary. Sec. 11. From and after July 1, 2011, K.S.A. 74-5001a is hereby amended to read as follows: 74-5001a. The purpose of the department of commerce shall be to develop and implement strategies to:
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(a) Facilitate the growth, diversification and expansion of existing enterprises and the creation by Kansans of new wealth-generating enterprises; (b) promote economic diversification and innovation within the basic industries and sectors of the state; (c) promote increased productivity and value added products, processes and services among wealth-generating enterprises, and the export of those goods and services created by small and large Kansas enterprises to the nation and world; (d) maintain and revitalize economically depressed rural areas and urban neighborhoods by annually targeting scarce resources by size, sector and location to communities and enterprises of particular need and opportunity, and by working in close collaboration with local communities; (e) protect and enhance the environmental quality of the state in ways consistent with dynamic economic growth; and (f) forge a supportive partnership with the standing committee on commerce of the senate, the standing committee on economic development of the house of representatives and the joint committee on economic development, Kansas, Inc., the Kansas technology enterprise corporation, Kansas venture capital, Inc., Kansas certified development companies, Kansas small business development centers, Kansas public and private educational institutions, and other appropriate private and public sector organizations in achieving the economic goals of the state. Sec. 12. From and after July 1, 2011, K.S.A. 2010 Supp. 74-5005 is hereby amended to read as follows: 74-5005. The department shall be the lead agency of the state for economic development of commerce through the promotion of business, industry, trade and tourism within the state. In general, but not by way of limitation, the department shall have, exercise and perform the following powers and duties: (a) To assume central responsibility for implementing all facets of a comprehensive, long-term, economic development strategy and for coordinating the efforts of both state agencies and local economic development groups as they relate to that objective; (b) to coordinate the implementation of the strategy with all other state and local agencies and offices and state educational institutions which do research work, develop materials and programs, gather statistics, or which perform functions related to economic development; and such state and local agencies and offices and state educational institutions shall advise and cooperate with the department in the planning and accomplishment of the purposes of this act; (c) to advise and cooperate with all federal departments, research institutions, educational institutions and agencies, quasipublic professional societies, private business and agricultural organizations and associations, and any other party, public or private, and to call upon such parties for consultation, and assistance in their respective fields of interest, to the end that all up to date up-to-date available technical advice, information and assistance be gathered for the use of the department, the governor, the legislature, and the people of this state; (d) to enter into agreements necessary to carry out the purposes of this act; (e) to conduct an effective business information service, keeping up to date up-to-date information on such things as manufacturing industries, labor supply and economic trends in employment, income, savings and purchasing power within the state, utilizing the services and information available from the division of the budget of the department of administration; (f) to support a coordinated program of scientific and industrial research with the objective of developing additional uses of the states natural resources, agriculture, agricultural products, new and better industrial products and processes, and the best possible utilization of the raw materials in the state; and to coordinate this responsibility with the state educational institutions, with all state and federal agencies, and all public and private institutions within or outside the state, all in an effort to assist and encourage new industries or expansion of existing industries through basic research, applied research and new development; (g) to maintain and keep current all available information regarding the industrial opportunities and possibilities of the state, including raw materials and by-products; power and water resources; transportation facilities; available markets and the mar Kansas Secretary of State 2011
keting limitations of the state; labor supply; banking and financing facilities; availability of industrial sites; and the advantages the state and its particular sections have as industrial locations; and such information shall be used for the encouragement of new industries in the state and the expansion of existing industries within the state; (h) to publicize information and the economic advantages of the state which make it a desirable place for commercial and industrial operations and as a good place in which to live; (i) to establish a clearinghouse for the collection and dissemination of information concerning the number and location of public and private postsecondary vocational and technical education programs in areas critical to economic development; (j) to acquaint the people of this state with the industries within the state and encourage closer cooperation between the farming, commercial and industrial enterprises and the people of the state; (k) to encourage and promote the traveling public to visit this state by publicizing information as to the recreational, historic and natural advantages of the state and its facilities for transient travel and to contract with organizations for the purpose of promoting tourism within the state; and the department may request other state agencies such as, but not limited to, the Kansas water office, the Kansas department of wildlife and parks and the department of transportation, for assistance and all such agencies shall coordinate information and their respective efforts with the department to most efficiently and economically carry out the purpose and intent of this subsection; (l) to participate in economic development and planning assistance programs of the federal government to political subdivisions; (m) to assist counties and cities in industrial development through the establishment of industrial development corporations, including site surveys, small business administration situations, and render such other similar assistance as may be required; and in those instances where it is deemed appropriate, to contract with and make a service charge to the county or city involved for such services rendered; (n) to render assistance to private enterprise on planning problems and site surveys upon request and shall make a reasonable service charge for such services rendered; and any moneys received for services rendered, as provided in this subsection, shall be deposited in the fund and expended therefrom, as provided in subsection (o); (o) to make agreements with other states and with the United States government, or its agencies, and to accept funds from the federal government, or its agencies, or any other source for research studies, investigation, planning and other purposes related to the duties of the department; and any funds so received shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of a special revenue fund which is hereby created and shall be known as the economic development fund or used in accordance with or direction of the contributing federal agencies; and expenditures from such fund may be made for any purpose in keeping with the responsibilities, functions and authority of the department; and warrants on such fund shall be drawn in the same manner as required of other state agencies upon vouchers signed by the secretary; (p) to do other and further acts as shall be necessary and proper in fostering and promoting the industrial development and economic welfare of the state; (q) to organize, or cause to be organized, an advisory board or boards representing interested groups, including industry, labor, agriculture, scientific research, the press, the professions, industrial associations, civic groups, etc.; and such board or boards shall advise with the department as to its work and the department shall, as far as practicable, cooperate with such board or boards, and secure the active aid thereof in the accomplishment of the aims and objectives of the department; (r) to perform the duties imposed under the Kansas venture capital company act; (s) to serve as the central agency and clearinghouse to collect and disseminate ideas and information bearing on local planning problems; and, in so doing, the department, upon request of the board of county commissioners of any county or the governing
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body of any city in the state, may make a study and report upon any planning problem of such county or city submitted to it; (t) to disseminate to the public information concerning economic development programs available in the state, regardless of whether such programs are administered by the department or some other agency and the department shall make available audiovisual and written materials describing the economic development programs to local chambers of commerce, economic development organizations, banks and public libraries and shall take other measures as may be necessary to effectuate the purpose of this subsection; and (u) to perform the duties imposed under the individual development account program act, K.S.A. 2010 Supp. 74-50,201 through 74-50,208, and amendments thereto.; and (v) except as otherwise provided by law, perform the duties and carry out the purposes of K.S.A. 74-8102 through 74-8104 and 74-8107 through 74-8111, and amendments thereto. Sec. 13. From and after July 1, 2011, K.S.A. 2010 Supp. 74-50,133 is hereby amended to read as follows: 74-50,133. There is hereby created within the department of commerce the high performance incentive fund to provide matching funds for business assistance and consulting services to qualified firms under the provisions of K.S.A. 74-50,131, and amendments thereto, that are entitled to a workforce training tax credit under the provisions of K.S.A. 74-50,132, and amendments thereto, or have received written approval for and are participating, at the time the funds are sought, in the Kansas industrial training, Kansas industrial retraining or state of Kansas investments in lifelong learning program, subject to appropriation of funds and program criteria, as hereinafter provided. The department of commerce may provide funds to qualified firms, on a matching basis, to pay up to 50% of such firms costs of acquiring consulting services provided by the mid-America manufacturing technology center, or approved private consultants to assist in improving the firms management, production processes or product or service quality. Qualified firms also shall receive priority consideration for any other business assistance programs administered by the department of commerce, the Kansas technology enterprise corporation and the mid-America manufacturing technology center. Sec. 14. From and after July 1, 2011, K.S.A. 2010 Supp. 74-50,151 is hereby amended to read as follows: 74-50,151. (a) There is hereby created in the state treasury the Kansas economic opportunity initiatives fund. Subject to acts of the legislature applicable thereto, the moneys in the Kansas economic opportunity initiatives fund shall be used only for the purposes prescribed by this section. (b) All expenditures made pursuant to this act shall be made in accordance with appropriations acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the governor or the governors designee. The governor may approve a warrant upon certification, by the secretary of commerce, that an economic emergency or unique opportunity exists which warrant funding for a strategic economic intervention by such state agency or agencies to address expenses involved in securing economic benefits or avoiding or remedying economic losses related to: (1) A major expansion of an existing Kansas commercial enterprise; (2) the potential location in Kansas of the operations of a major employer; (3) the award of a significant federal or private sector grant which has a financial matching requirement; (4) the departure from Kansas or the substantial reduction of the operations of a major employer; and (5) the closure or the substantial reduction of a major federal or state institution or facility. (c) An intervention strategy may include financial assistance in the form of grants, loans or both. The department of commerce shall adopt written guidelines concerning the terms and conditions of any such loans. However, all repaid funds shall be credited to the Kansas economic opportunity initiatives fund. No intervention strategy approved pursuant to this act shall facilitate the moving of an existing Kansas firm to another location within the state unless such restriction is waived by the secretary of commerce. Every intervention strategy approved pursuant to this act shall identify
the intended outcomes to be realized by the strategy for which funding is sought. (d) The department of commerce and Kansas, Inc. shall make joint findings concerning the costs and benefits, on both a local and statewide basis, of projects proposed pursuant to this act. Prior to allocation of any funds pursuant to this act, the governor shall review the cost-benefit findings performed on each project. (e) The director of the budget and the director of the legislative research department shall consult periodically and review the balance credited to and the estimated receipts to be credited to the state economic development initiatives fund during the fiscal year. During any period when the legislature is not in session, upon a finding by the director of the budget in consultation with the director of the legislative research department that the total of the unencumbered balance and estimated receipts to be credited to the state economic development initiatives fund during a fiscal year are insufficient to fund the budgeted expenditures and transfers from the state economic development initiatives fund for the fiscal year in accordance with the provisions of appropriation acts, the director of the budget shall make a certification of such finding to the governor. Upon approval by the governor, the director of accounts and reports shall transfer the amount of moneys from the Kansas economic opportunity initiatives fund to the state economic development initiatives fund that is required, in accordance with a certification by the director of the budget under this subsection, to fund the budgeted expenditures and transfers from the state economic development initiatives fund for the fiscal year in accordance with the provisions of appropriation acts, as specified by the director of the budget pursuant to such certification. (f) On or before the 10th day of each month, the director of accounts and reports shall transfer from the state general fund to the state economic development initiatives fund interest earnings based on: (1) The average daily balance of moneys in the Kansas economic opportunity initiatives fund for the preceding month; and (2) the net earnings rate for the pooled money investment portfolio for the preceding month. (g) A five three member panel consisting of the secretary of commerce, the president of Kansas, Inc., the president of the Kansas technology enterprise corporation, the private sector chairperson of the board of Kansas, Inc., and the private sector chairperson of the Kansas technology enterprise corporation and the private sector chairperson of the board of Kansas, Inc. shall review annually the propriety of projects funded under this section. The panel shall report its findings in writing to the governor, the new economy committee of the house of representatives, the senate commerce committee and the joint committee on economic development. The report to the new economy committee of the house of representatives, the commerce committee of the senate and the joint committee on economic development under this subsection shall be made either (1) by the panel by publishing such report on the internet and by notifying each member of the committees that the report is available and providing, as part of such notice, the uniform resource locator (URL) at which such report is available, or (2) by submitting copies of such report on CD-ROM or other electronically readable media to such committees. Sec. 15. From and after July 1, 2011, K.S.A. 2010 Supp. 74-50,156 is hereby amended to read as follows: 74-50,156. (a) There is hereby established within and as a part of the department of commerce the agriculture products development division. The secretary of commerce shall appoint a director of such division and such director shall be in the unclassified service of the Kansas civil service act. Subject to and in accordance with appropriations acts, the agriculture products development division shall include: (1) All powers, duties and functions related to the agricultural value added center pursuant to subsections (b) and (c); (2) all powers and duties created regarding the division of markets pursuant to K.S.A. 74530, and amendments thereto, which are hereby transferred; (3) all powers and duties created regarding registered trademarks pursuant to K.S.A. 74-540a, and amendments thereto, which are hereby transferred; (4) all powers and duties regarding the trademark fund pursuant to K.S.A. 74-540b, and amendments thereto, which are hereby transferred; and (5) all powers and duties created regarding expenditures and moneys credited to the market devel(continued)
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opment fund pursuant to K.S.A. 74-540c, and amendments thereto, which are hereby transferred. (b) The objectives of the agricultural value added center within the agriculture products development division shall include, but not be limited to, providing technical assistance to existing and potential value added facilities, including incubator facilities; developing a network for collecting and distributing information to individuals involved in value added processing in Kansas; initiating pilot plant facilities to act as research and development laboratories for existing and potential small scale value added processing endeavors in Kansas; providing technical assistance to new agricultural value added businesses; developing and promoting communication and cooperation among private businesses; state government agencies and public and private colleges and universities in Kansas; establishing research and development programs in technologies that have value added commercial potential for food and nonfood agricultural products achieving substantial and sustainable continuing growth for the Kansas economy through value added products from agriculture; serving as a catalyst for industrial agriculture through technological innovation in order to expand economic opportunity for all Kansas communities; establishing an industrial agriculture industry for the state of Kansas; commercializing the developed industrial agriculture technology in smaller communities and the rural areas of Kansas; and developing investment grade agriculture value added technologies and products. (c) Subject to the provisions of appropriations acts, the functions of the agricultural value added center within the agriculture products development division shall include, but not be limited to, developing a market referral program, matching distribution to buyers in coordination with other state agencies concerned with marketing Kansas products; assisting private entrepreneurs in the establishment of facilities and markets for new agricultural value added endeavors; and introducing coordinated programs to develop marketing skills of existing agricultural value adding processors in Kansas. (d) (1) It shall be the duty of the agriculture products development division to perform acts and to do, or cause to be done, those things which are designed to lead to the more advantageous marketing of agricultural products of Kansas. For these purposes the division may: (A) Investigate the subject of marketing farm products; (B) promote their sales distribution and merchandising; (C) furnish information and assistance to the public; (D) study and recommend efficient and economical methods of marketing; (E) provide for such studies and research as may be deemed necessary and proper; (F) gather and diffuse timely and useful information concerning the supply, demand, prevailing prices and commercial movement of farm products including quantity in common storage and cold storage, in cooperation with other public or private agencies; (G) conduct market development activities and assist and coordinate participation by companies, commodity organizations, trade organizations, producer organizations and other interested organizations to develop new markets and sales for Kansas agricultural commodities and food products; (H) render assistance to any of the entities listed in subsection (G) and development activities and make a reasonable service charge for such services rendered by the division; and (I) make agreements with other states and with the United States government, or its agencies, and accept funds from the federal government, or its agencies, or any other source for research studies, investigation, market development and other purposes related to the duties of the division. (2) The department of commerce shall remit all moneys received under this subsection to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the market development fund. All expenditures from such fund shall be made for any purpose consistent with this subsection and shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers
approved by the secretary of commerce or a person designated by the secretary. (e) (1) In conjunction with any trademark registered by the department of commerce, the agriculture products development division is hereby authorized to: (A) Promulgate policy regarding the use of any such trademark; (B) print, reproduce or use the trademark in or on educational, promotional or other material; (C) fix, charge and collect fees for the use of the trademark provided that the fees shall be fixed in an amount necessary to recover all direct costs associated with the production of educational, promotional and other materials associated with a trademark program; and (D) enter into any contracts necessary to carry out the purposes of this subsection, which contracts shall not be subject to the bidding requirements of K.S.A. 75-3739, and amendments thereto. (2) The secretary of commerce shall remit all moneys received under this subsection to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the trademark fund. All expenditures from such fund shall be made for any purpose consistent with this subsection and shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of commerce or a person designated by the secretary. (f) On or before February 1 of each year, the agriculture products development division shall present an oral and written report to the house and senate agriculture committees concerning the performance indicators, performance outcomes, activities and functions of the division for the previous year. Such report shall include a budget of how moneys appropriated or otherwise authorized to be expended from the state general fund or any special revenue fund for the agriculture products development division of the department of commerce for the previous fiscal year were spent and a projected budget of moneys appropriated or otherwise authorized to be expended from the state general fund or any special revenue fund for the agriculture products development division of the department of commerce for the current fiscal year. Such report shall further include the full-time equivalent number of positions financed from appropriations and allocated for the agriculture products development division of the department of commerce for each fiscal year. In the report to the 1997 legislature, the divisions report shall include a mission statement for the reorganized division. (g) Subject to appropriation acts, the secretary of commerce shall fulfill all contracts in existence on the effective date of this act between the Kansas technology enterprise corporation and the alternative agriculture research and development center. Sec. 16. From and after July 1, 2011, K.S.A. 74-8102 is hereby amended to read as follows: 74-8102. (a) The purpose of the Kansas technology enterprise corporation K.S.A. 74-8102 through 74-8104 and 74-8107 through 74-8111, and amendments thereto, is to foster innovation in existing and developing businesses, especially the creation, growth and expansion of Kansas enterprises in a diversified range of primary sectors, which develop value-added products, processes and services including, but not limited to: (1) Existing resource-based industries of agriculture, oil, gas, coal and helium; (2) existing advanced technology industries of aviation, pharmaceuticals, computers and electronics; and (3) emerging industries of telecommunications, computer software, information services and research services. (b) The corporation department of commerce shall achieve the purpose stated in subsection (a) of this section by: (1) Financing basic research, applied research and development, and technology transfer at Kansas educational institutions which meet competitive standards of excellence as measured by national and international peers, and which create innovative collaboration between Kansas educational institutions and Kansas enterprises; (2) awarding applied research matching grants to Kansas educational institutions and Kansas private enterprises in order to
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move innovation and applied research toward commercial application; (3) engaging in seed-capital financing for the development and implementation of innovations or new technologies for existing resource, technology-based and emerging Kansas businesses; and (4) providing technical referral services to such small, new, emerging or mature businesses and encouraging Kansas educational institutions to establish technical information data bases and industrial liaison offices which are easily accessible by both private and public sector Kansas organizations. (c) The department of commerce, Kansas, Inc. and All other interested state agencies shall cooperate with the Kansas technology enterprise corporation department of commerce in providing information and other assistance as may be requested for the performance of its duties with respect to the states economic development strategy. Sec. 17. From and after July 1, 2011, K.S.A. 74-8103 is hereby amended to read as follows: 74-8103. As used in this act, unless the context clearly requires otherwise: (a) Applied research means those research activities occurring at educational institutions and in private enterprises, which have potential commercial application; (b) basic research means research that has long range generic value to an industry classification or group of companies. Basic research is distinguished from applied research which has more short range present value to a single company or project; (c) corporation means the Kansas technology enterprise corporation; board means the Kansas technology enterprise advisory board; (d) department means the department of commerce; (d) (e) educational institutions means public and private community colleges, colleges and universities in the state; (e) (f) enterprise means a firm with its principal place of business in Kansas which is engaged or proposes to be engaged in this state in agricultural, natural resource-based or other manufacturing, research and development, or the provision of technologybased services; (f) (g) new technology means the development through science or research of methods, processes and procedures, including but not limited to those involving the utilization of agricultural products and by-products and oil and gas and other mineral resources for practical application in industrial and service situations; (g) (h) person means any individual, partnership, corporation or joint venture carrying on business or proposing to carry on business within the state; (h) (i) product means any product, device, technique or process, which is or may be developed or marketed commercially; however, product does not refer to basic research but shall apply to such products, devices, techniques or processes which have advanced beyond the theoretical stage and are in a prototype or practice stage; (i) (j) qualified security means any public or private financial arrangement, involving any note, security, debenture, evidence of indebtedness, certificate of interest or participation in any profitsharing agreement, preorganization certificate or subscription, transferable security, investment contract, certificate of deposit for a security, certificate of interest or participation in a patent or application therefor, or in royalty or other payments under such a patent or application, or, in general, any interest or instrument commonly known as a security or any certificate for, receipt for, guarantee of, or option, warrant or right to subscribe to or purchase any of the foregoing to the extent allowed by law; (k) secretary means the secretary of commerce; and (j) (l) seed capital means financing that is provided for the development, refinement and commercialization of a product, process or innovation, whether for the startup of a new firm, the expansion or the restructuring of a small firm. Sec. 18. From and after July 1, 2011, K.S.A. 2010 Supp. 74-8104 is hereby amended to read as follows: 74-8104. (a) The corporation secretary shall have all the powers necessary to achieve the purposes, specified in K.S.A. 74-8102, and amendments thereto, including the power to: (1) Make, amend and repeal bylaws, rules and regulations for the management of its affairs Adopt rules and regulations as deemed
necessary for the implementation of K.S.A. 74-8102 through 74-8104 and 74-8107 through 74-8111, and amendments thereto; (2) sue and be sued; (3) make contracts and execute all instruments necessary or convenient for carrying out its business the powers and duties under K.S.A. 74-8102 through 74-8104 and 74-8107 through 74-8111, and amendments thereto; (4) (3) acquire, own, hold, dispose of and encumber real or personal property of any nature, both tangible and intangible, or any interest therein; (5) (4) enter into agreements or other transactions with any federal, state, county or municipal agency and with any individual, corporation, enterprise, association or any other entity involving applied research and technology; (6) (5) acquire real property or an interest therein, by purchase or foreclosure, where such acquisition is necessary or appropriate to protect or secure any investment or loan in which the corporation department has an interest; (7) (6) sell, transfer and convey any such property to a buyer, and in the event such sale, transfer or conveyance cannot be effected with reasonable promptness or at a reasonable price, to lease such property to a tenant; (8) (7) invest any funds appropriated by the state and held in reserve in funds not required for immediate disbursement, in such investments that may be lawful for fiduciaries in this state, and invest funds received from gifts, grants, donations and other operations of the corporation department in such investments as would be lawful for a private corporation having purposes similar to the corporation department; (9) (8) borrow money and give guaranties guarantees, provided that the indebtedness and other obligations of the corporation department shall be payable solely out of its own resources funds, and shall not constitute a pledge of the full faith and credit of the state or any of its revenues; (10) (9) appoint officers, consultants, agents and advisors, and prescribe their duties and compensation; (11) (10) appear in its own behalf before boards, commissions, departments or other agencies of municipal, county or state government or federal government; (12) (11) procure insurance against any losses in connection with its properties in such amounts from such insurers as may be necessary or desirable; (13) (12) consent, subject to the provisions of any contract with note-holders, whenever it considers it necessary or desirable in the fulfillment of the purposes of this act K.S.A. 74-8102 through 748104 and 74-8107 through 74-8111, and amendments thereto, to the modifications, with respect to the rate of interest, time payment or of any installment, of principal and interest or any terms of any contract or agreement of any kind to which the corporation is a party; (14) (13) accept any and all donations, grants, bequests and devises, conditional and otherwise, of money, property, services or other things of value which may be received from the United States or any agency thereof, any governmental agency, or any institution, person, firm or corporation, public or private, to be held, used or applied for any or all of the purposes specified in this act K.S.A. 74-8102 through 74-8104 and 74-8107 through 74-8111, and amendments thereto, in accordance with the terms and conditions of any such grant; (15) (14) trade, buy or sell qualified securities, including without limitation, the powers to guarantee, purchase, take, receive, subscribe for or otherwise acquire, to own, hold, use or otherwise employ; to sell, lease, exchange, transfer or otherwise dispose of; to mortgage, lend, pledge or otherwise deal in and with, qualified securities issued by any other domestic or foreign corporation, partnership, association, limited liability company, or business trust, whether or not such issuer was organized or caused to be organized by the corporation secretary. The corporation secretary, while owner of any such qualified securities, may exercise all of the rights, powers and privileges of ownership, including without limitation the right to vote; (16) (15) finance, conduct or cooperate in the financing or conducting of scientific, technological, business, financial or other investigations which are related to or likely to lead to business and
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economic development, involving natural resources, innovation, applied research and new technology, by making and entering into contracts or other appropriate arrangements, including the provisions of grants, loans and other forms of assistance; (17) (16) solicit, study and assist in the preparation of business plans and proposals of new or established resource and technologically oriented enterprises of special importance to the Kansas economy; (18) (17) prepare, publish and distribute such technological studies, reports, bulletins and other materials as it considers appropriate, subject only to the maintenance and responsibility for confidentiality of the client proprietary information, and encourage educational institutions to develop and disseminate similar materials; (19) (18) organize, conduct, sponsor or cooperate with, and assist both the private sector and educational institutions in the conduct of, special institutes, conferences, demonstrations and studies relating to the stimulation and formulation of innovation, applied science and technologically oriented enterprises and studies relating to the formulation of resource and technologically oriented enterprises and industry endeavors; (20) (19) provide and pay for such advisory services and technical assistance that may be necessary or desirable to carry out the purposes of this act K.S.A. 74-8102 through 74-8104 and 74-8107 through 74-8111, and amendments thereto; (21) (20) own, possess and take license in, patents, copyrights and proprietary processes and negotiate and enter into contracts and establish charges for the use of such patents, copyrights and proprietary processes when such patents and licenses for innovation or inventions result from research sponsored by the corporation department in a private enterprise or when the corporation department finances a product developed by a private enterprise; (22) (21) negotiate royalty payments to the corporation department on patents and licenses for innovations or inventions arising in the course of research sponsored by the corporation department at educational institutions under the jurisdiction of the Kansas board of regents; such negotiated royalty arrangements should reflect an appropriate sharing of legal risk as well as financial return between the corporation department and educational institution; such patents and licenses shall be in keeping with the patent policies of the Kansas board of regents; (23) (22) exercise any other powers necessary for the operation and functioning of the corporation within the purposes authorized in this act department within the purposes of K.S.A. 74-8102 through 74-8104 and 74-8107 through 74-8111, and amendments thereto; (24) (23) participate with any state agency or educational institution in developing specific programs and goals to assist in the development of industrial innovation, applied research and new technology of special importance to the Kansas economy, and monitor performance; (25) cooperate with the department of commerce regarding financial assistance programs targeted to small enterprises of special importance to the Kansas economy; and (26) (24) provide resource-based, scientific and technological data and information required by the governor, the legislature, or its committees, and to state agencies, educational institutions and cities, counties and school districts and to private citizens and groups, within the limitations of the resources available to the corporation department. This service shall be in addition to any services currently provided by any educational institution, committee or other organization in the state; and (25) dispose of any direct or indirect stock or other equity or investment asset transferred to the department pursuant to this act except that such disposition shall be made in the best interests of the state of Kansas and solely at the discretion of the secretary and shall not be required otherwise. (b) The corporation shall be exempt from all franchise, corporate business and income taxes levied by the state. However, this act is not intended to exempt from any such taxes, or from any taxes levied in connection with the manufacture or sale of any products or processes which are the subject of any agreement made by the corporation, or any person entering into any agreement with the corporation. (c) Documents and other materials submitted to the corporation department by Kansas businesses shall not be public records if
such records are trade secrets under the uniform trade secrets act (K.S.A. 60-3320 et seq. and amendments thereto) or are determined by the corporation department to be business secrets, and shall be maintained in a secured environment by the president secretary. (d) The corporation department shall not be subject to state purchasing laws. Sec. 19. From and after July 1, 2011, K.S.A. 74-8106 is hereby amended to read as follows: 74-8106. (a) The purpose of this section is to authorize the establishment of three types of centers of excellence at educational institutions: Centers of excellence for basic research, centers of excellence for applied research and development, and centers of excellence for technology transfer. (b) Centers of excellence for basic research will primarily undertake ongoing basic research with a particular focus that will have long-run potential for commercial development. The centers should build on institutional strengths and be in areas of research where the educational institution has achieved or has true promise of attaining a standard of excellence as recognized by national and international peers. (1) The Kansas technology enterprise basic research fund is hereby created to which shall be credited any state funds specifically so designated. The fund is not to be used for applied research, technology transfer, technical assistance or training except as it is incidental to the basic research intended to be benefited by this section. (2) The corporation department of commerce may use the Kansas technology enterprise basic research fund to carry out the purposes of this act K.S.A. 74-8102, and amendments thereto, by awarding funds to establish new centers of excellence for basic research or to increase funding to such already established centers of excellence so long as those centers are determined to be primarily carrying out basic research and to meet the standards of excellence required by this act this section and K.S.A. 74-8102 and amendments thereto. Awards of funds shall be made on a competitive basis, and all proposals for new centers of excellence shall be subject to external peer review on the basis of scientific merit which meet national standards of excellence and subsequent potential for commercial application. (c) Centers of excellence for applied research and development will primarily undertake applied research and development with a particular focus that will have long-run potential for commercial development. The centers should build on institutional strengths and be in areas of research where the educational institution has achieved or has true promise of attaining a standard of excellence in applied research and development. (1) The Kansas technology enterprise applied research and development fund is hereby created to which shall be credited any state funds specifically so designated. The fund is not to be used for basic research, technology transfer, technical assistance or training except as it is incidental to the applied research and development intended to be benefited by this section. (2) The corporation department of commerce may use the Kansas technology enterprise applied research and development fund to carry out the purposes of this act by awarding funds to establish new centers of excellence for applied research and development or to increase funding to such already established centers of excellence so long as those centers are determined to be carrying out primarily applied research and development, and to be meeting the standards of excellence required by this act. Awards of funds shall be made on a competitive basis, and all proposals for new centers of excellence shall be subject to external peer review on the basis of scientific merit which meets national standards of excellence and subsequent potential for commercial application. (d) Centers of excellence for technology transfer will primarily undertake ongoing transfer of technology from educational institutions to Kansas business. (1) The Kansas technology enterprise technology transfer fund is hereby created to which shall be credited any state funds specifically so designated. The fund is not to be used for basic research, applied research and development, technical assistance or training except as it is incidental to the technology transfer intended to be benefited by this section. (2) The corporation department of commerce may use the Kansas technology enterprise technology transfer fund to carry out the purposes of this act K.S.A. 74-8102, and amendments thereto, by
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awarding funds to establish new centers of technology transfer or to increase funding to such already established centers of excellence so long as those centers are determined to be carrying out primarily technology transfer. (3) Awards of funds shall be made on a competitive basis and all proposals for new centers of excellence shall be subject to external peer review on the basis of merit which meets national standards of excellence and potential for increasing the competitiveness of Kansas business. (e) The corporation department of commerce shall award funding to centers of excellence transfer in accordance with subsections (g) and (h). (f) In carrying out its functions under this section, the corporation board of regents is directed to create a centers of excellence committee to assist in evaluating the establishment of new centers of excellence and in evaluating increases in funding for already established centers of excellence. The membership of the centers of excellence committee may include both directors and staff members of the corporation employees of the department of commerce, and other persons drawn from sources other than the corporation who meet standards similar to those applying to the board of directors and department of commerce who are recognized by their peers for outstanding knowledge and leadership in their fields. (g) The corporation department of commerce shall award funding for new centers and increased funding for established centers only after: (1) Developing, adopting and publishing the criteria it shall use when evaluating centers of excellence; (2) developing a level of core funding for each center of excellence; and (3) receiving the recommendation of the centers of excellence committee which will review proposals for new or established centers of excellence containing: (A) Documentation that not less than 50% of the centers funding above the established level of core funding will be matched by sources other than the corporation department of commerce; machinery or equipment may be considered as part of the matching funds, but must be accompanied by a statement that the center of excellence has received the machinery or equipment, it is state of the art; and either (i) verifying that the machinery or equipment is donated and has only been used in testing to insure quality control, or used by a wholesaler or retailer for demonstration purposes only; or (ii) detailing the price paid by the center of excellence, with an invoice showing the amount paid for the equipment; (B) a description of a potential for future benefit to industry; (C) an itemized operations budget; and (D) other information that may be required by the board department of commerce. (h) The board department of commerce shall approve proposals to establish new centers of excellence after the department of commerce finds, based upon the proposal submitted, external peer reviews, and such additional investigation as the staff of the corporation shall make and incorporate in its minutes department of commerce shall make that: (1) The proposed center of excellence has the potential to stimulate economic growth by bringing together educational institutions and businesses in partnerships to focus on basic research, applied research and development, and technology transfer; (2) the center has the long-run potential for benefit to existing and new businesses through innovation and development of new technology; and (3) approval of the proposal will not create or foster unnecessary duplication of programs, particularly at the graduate level of instruction. (i) Each existing Kansas center of excellence is eligible for annual support from the corporation department of commerce according to the same terms and conditions as provided in this act section for new centers except that an external peer review to determine under what provision of this statute section and by what terms continuing funding is appropriate shall be conducted annually during the first three years after the center of excellence is established and shall be conducted biennially thereafter. In the years between external peer reviews conducted on a biennial basis, the corporation department of commerce shall conduct internal reviews to determine under what
provision of this statute and under what terms continuing funding is appropriate. (j) Any commercialized research that results from the funding of a center of excellence shall be subject to negotiations under provisions of (21) and (22) of subsection (a) of K.S.A. 74-8104 and amendments thereto. The department of commerce may require any educational institution where a center of excellence is located to oversee the operation of such center of excellence. (k) Kansas, Inc. shall annually transmit to the governor and the legislature a report, based on information received from the board of regents, describing the funding and expenditures of each center of excellence for the preceding year, including the purposes for which such expenditures were made. Sec. 20. From and after July 1, 2011, K.S.A. 74-8107 is hereby amended to read as follows: 74-8107. (a) The Kansas technology enterprise applied research matching grant fund is hereby created, to which shall be credited any state funds specifically so designated. (b) The corporation secretary may use the Kansas technology enterprise applied research fund to carry out the purposes of this act by awarding competitive applied research grants to educational institutions and private enterprises of special importance to the Kansas economy. The fund is not to be used for pure research technology transfer technical assistance or training but only for actual applied research. (c) The board secretary shall award grants only after: (1) Developing, adopting and publishing the criteria it shall use when evaluating research proposals; and (2) reviewing applied research proposals which present: (A) Documentation, if the proposal is from an educational institution, that not less than 60% of the total direct cost of the proposed project will be provided by sources other than the corporation; machinery or equipment may be considered as part of the matching funds for the research, but must be accompanied by a statement: (i) That the educational institution has received the machinery or equipment and it is state of the art; and either (ii) verifying that the equipment or machinery is donated and has only been used in testing to insure quality control, or used by a wholesaler or retailer for demonstration purposes only; or (iii) detailing the price paid by the educational institution, with an invoice showing the amount paid for the machinery or equipment; (B) documentation, if the proposal is from a private enterprise, that not less than 60% of the total direct cost of the proposed project will be provided by sources other than the corporation department or through in-kind services provided through the private enterprise as evaluated by the board or review committee secretary; (C) a description of the future commercial application and the industrial sectors that will likely benefit by the applied research project and the potential for job creation; (D) an itemized research budget, time line and research methodology; (E) a recommendation from the sponsoring educational institution or business enterprise; and (F) other information that may be required by the board. (d) The board secretary shall approve such applied research proposals after the board secretary finds, based upon the proposal submitted and such additional investigation as the staff of the corporation department shall make and incorporate in its minutes, that: (1) The proposed project is research that leads to innovation, new knowledge or technology and is not training or technical assistance for business firms; (2) the proposed applied research project will expand that fields technological base within the state; (3) the project will enhance employment opportunities within Kansas; and (4) the project is technically sound and will produce a measurable result. (e) The board of directors secretary shall create an applied research committee to assist in evaluating potential applied research projects. The membership of this applied research committee may include both directors and staff members of the corporation employees of the department, and other persons drawn from sources
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other than the corporation who meet standards similar to those applying to the board of directors and department who are recognized by their peers for outstanding knowledge and leadership in their fields. (f) Any commercialized research that results from a corporation an applied research grant shall be subject to provisions paragraphs (21) and (22) (20) and (21) of subsection (a) of K.S.A. 74-8104, and amendments thereto. Sec. 21. From and after July 1, 2011, K.S.A. 74-8108 is hereby amended to read as follows: 74-8108. (a) The corporation secretary is directed to develop a small business innovation research (SBIR) matching grant program which meets the highest current standards for state matching grants to federal phase I SBIR program. Prior to establishing the SBIR matching grant program, the corporation secretary shall conduct a survey and analysis of the most effective SBIR matching grant programs existing in other states. (b) The corporation secretary is hereby directed to establish a small business innovation research bridge financing fund. Such fund shall provide grants, loans, royalty or equity investment to firms that have previously received federal phase I SBIR moneys and that have applied for a phase II SBIR grant. Sec. 22. From and after July 1, 2011, K.S.A. 74-8108a is hereby amended to read as follows: 74-8108a. Five years from the effective date of this act, the corporation secretary shall conduct a review of the small business innovation research bridge financing program and report the results of the review to the legislature. Such review shall determine the extent to which the program has achieved the following outcomes: (a) Increased the number of phase II SBIR grant proposals; (b) increased the percentage of phase II SBIR grants awarded to researchers in the state; (c) stimulated subsequent investments by industry venture capital and other federal sources; (d) encouraged development of industry partners with researchers; and (e) encouraged development of business or commercialization plans for new technology. Sec. 23. From and after July 1, 2011, K.S.A. 74-8109 is hereby amended to read as follows: 74-8109. (a) There is hereby created the technology enterprise seed-capital fund to which shall be credited any state funds specifically so designated. The corporation secretary may credit the fund with unrestricted appropriations, gifts, donations or grants received from any source and with payments on loans made from the fund. (b) The corporation secretary may use the Kansas technology enterprise seed-capital fund as follows: (1) To carry out the purposes of this act K.S.A. 74-8102 through 74-8104 and 74-8107 through 74-8111, and amendments thereto, through investments in qualified securities and through the forms of financial assistance authorized by this act K.S.A. 74-8102 through 74-8104 and 74-8107 through 74-8111, and amendments thereto, including: (A) Loans, loans convertible to equity, and equity; (B) leaseholds; (C) management or consultant service agreements; (D) loans with warrants attached that are beneficially owned by the corporation department; (E) loans with warrants attached that are beneficially owned by a party other than the corporation department; and (F) any other contractual arrangement in which the corporation department is providing scientific and technological services to any federal, state, county or municipal agency, or to any individual, corporation, enterprise, association or any other entity involving science and technology. The corporation secretary, in connection with the provision of any form of financial assistance, may enter into royalty agreements with an enterprise. (2) To pay all or a portion of the corporations departments operating expenses from revenues generated by seed-capital fund investments, which shall be an amount sufficient to allow the corporation department to undertake and efficiently manage its responsibilities. (3) To invest in such other investments as are lawful for Kansas fiduciaries. (c) The corporation secretary may use the Kansas technology enterprise seed-capital fund to purchase qualified securities issued
by enterprises as a part of a resource and technology project for the purpose of raising the initial capital for such projects subject to the conditions set forth in this section. (d) The corporation secretary may use the fund to make lowinterest or zero-interest loans to business incubator facilities in exchange for royalties from future gross sales generated by enterprises created in the incubator. (e) The corporation secretary shall purchase qualified securities issued by an enterprise as a part of a resource and technology project only after: (1) Receipt of an application from the enterprise which contains: (A) A business plan including a description of the enterprise and its management, product and market; (B) a statement of the amount, timing and projected use of the capital required; (C) a statement of the potential economic impact of the enterprise, including the number, location and types of jobs expected to be created; and (D) such other information as the corporation board of directors secretary shall request. (2) Approval of the investment by the corporation department may be made after the board of directors secretary finds, based upon the application submitted by the enterprise and such additional investigation as the staff of the corporation shall make and incorporate in its minutes, department shall make that: (A) The proceeds of the investment will be used only to cover the seed-capital needs of the enterprise except as authorized by this section; (B) the enterprise has a reasonable chance of success; (C) the corporations departments participation is instrumental to the success of the enterprise and its retention within the state because funding otherwise available for the enterprise is not available on commercially reasonable terms; (D) the enterprise has the reasonable potential to create a substantial amount of employment within the state; (E) the entrepreneur and other founders of the enterprise have already made or are contractually committed to make a substantial financial and time commitment to the enterprise; (F) the securities to be purchased are qualified securities; (G) there is a reasonable possibility that the corporation department will recoup at least its initial investment; and (H) binding commitments have been made to the corporation department by the enterprise for adequate reporting of financial data to the corporation department, which shall include a requirement for an annual report, or if required by the board, an annual audit of the financial and operational records of the enterprise, and for such control on the part of the corporation as the board of directors department shall consider prudent over the management of the enterprise, so as to protect the investment of the corporation department, including in the discretion of the board secretary and without limitation, right of access to financial and other records of the enterprise. (f) The board of directors secretary shall create an investment committee to assist in evaluating potential investments in qualified securities. The membership of this investment committee may include both directors and staff members of the corporation department, and other persons drawn from sources other than the corporation who meet standards similar to those applying to the board of directors and department who are recognized by their peers for outstanding knowledge and leadership in their fields, all of whom shall serve at the pleasure of the board secretary. (g) The corporation secretary shall not make investments in qualified securities issued by enterprises in excess of the amount necessary to own more than 49% of qualified securities in any one enterprise at the time of the purchase by the corporation department, after giving effect to the conversion of all outstanding convertible qualified securities of the enterprise except that in the event of severe financial difficulty of the enterprise, threatening, in the judgment of the board of directors secretary, the investment of the corporation department therein, a greater percentage of such securities may be owned by the corporation department. Sec. 24. From and after July 1, 2011, K.S.A. 74-8110 is hereby amended to read as follows: 74-8110. (a) The Kansas technology enterprise corporation secretary shall establish a clearinghouse to
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provide technology transfer and technical referral services and shall fund educational institutions to establish technical information data bases and industrial liaison offices which are easily accessible by both private and public sector organizations. (b) The corporation secretary shall provide to private enterprises and individuals, services which include, but are not limited to: (1) Disseminating such research and technical information as is available to the corporation department; (2) referring clients to researchers or laboratories for the purpose of testing and evaluating new products, processes or innovations; (3) assisting persons developing innovations or new technology in locating enterprises or entrepreneurs that may be interested in applying such innovations or new technologies; and (4) providing managerial assistance to enterprises requesting such assistance, but particularly to those small enterprises of special importance to the Kansas economy. (c) The corporation secretary shall encourage business enterprises to use such technology transfer and technical support services as provided by educational institutions and especially the states small business development centers. Sec. 25. From and after July 1, 2011, K.S.A. 74-8111 is hereby amended to read as follows: 74-8111. (a) The corporation secretary shall publish an annual report which shall include an audit in accordance with generally accepted accounting principles as of June 30 of each year, and present the report to the governor, the legislature and Kansas, Inc., setting forth in detail the operations and transactions conducted by it pursuant to this act K.S.A. 74-8102 through 74-8104 and 74-8107 through 74-8111, and amendments thereto, or to other legislation. The annual report shall specifically account for the ways in which the purpose of the corporation purposes and the programs described in this act K.S.A. 74-8102 through 74-8104 and 74-8107 through 74-8111, and amendments thereto, have been carried out, and the recommendations shall specifically note what changes in the activities of the corporation department and the programs it administers, and of state government are necessary to better address the purposes described in this act K.S.A. 74-8102 through 74-8104 and 74-8107 through 74-8111, and amendments thereto. The corporation secretary shall distribute its annual report by such means that will make it widely available to those innovative enterprises of special importance to the Kansas economy. (b) The corporation secretary shall annually review and prepare a report showing how and and at what level other states fund the programs provided for under this act K.S.A. 74-8102 through 748104 and 74-8107 through 74-8111, and amendments thereto. The corporation secretary shall recommend an appropriate funding level for Kansas which will make these programs nationally competitive with those of other states. The corporations secretarys findings and recommendations shall be submitted to the governor and the legislature. (c) The corporation secretary shall adopt a threshold funding level for each of the programs provided for under this act K.S.A. 74-8102 through 74-8104 and 74-8107 through 74-8111, and amendments thereto. The threshold amount shall provide for funding that is great enough to have a significant impact and carry out the intent of this act K.S.A. 74-8102 through 74-8104 and 74-8107 through 748111, and amendments thereto. If the appropriation to fund these programs falls below the threshold, then no funding shall be provided by the corporation department to the program funded below threshold level. (d) The corporation shall be subject to an audit by the legislative division of post audit. Sec. 26. From and after July 1, 2011, K.S.A. 2010 Supp. 74-8131 is hereby amended to read as follows: 74-8131. (a) The purpose of the Kansas angel investor tax credit act is to facilitate the availability of equity investment in businesses in the early stages of commercial development and to assist in the creation and expansion of Kansas businesses, which are job and wealth creating enterprises, by granting tax credits against the Kansas income tax liability of investors investing in these businesses. The Kansas angel investor tax credit act shall be administered by the Kansas technology enterprise corporation (KTEC) secretary with the primary goal of encouraging individuals to provide seed-capital financing for emerging, Kansas businesses engaged in the development, im-
plementation and commercialization of innovative technologies, products and services. (b) This act K.S.A. 2010 Supp. 74-8131 through 74-8137, and amendments thereto, shall be known and may be cited as the Kansas angel investor tax credit act. Sec. 27. From and after July 1, 2011, K.S.A. 2010 Supp. 74-8132 is hereby amended to read as follows: 74-8132. As used in this act: (a) Angel investor and investor mean an accredited investor who is a natural person or an owner of a permitted entity investor, who is of high net worth, as defined in 17 C.F.R. 230.501(a) as in effect on the effective date of this act, and who seeks high returns through private investments in start-up companies and may seek active involvement in business, such as consulting and mentoring the entrepreneur. For the purposes of this act, a person who serves as an executive, officer, employee, vendor or independent contractor of the business in which an otherwise qualified cash investment is made is not an angel investor and such person shall not qualify for the issuance of tax credits for such investment; (b) Bioscience business means what is reflected in K.S.A. 2010 Supp. 74-99b83, and amendments thereto; (c) cash investment means money or money equivalent in consideration for qualified securities; (d) KTEC means the Kansas technology enterprise corporation, a public instrumentality created pursuant to K.S.A. 74-8101, and amendments thereto department means the department of commerce; (e) Kansas business means any business owned by an individual, any partnership, association or corporation domiciled in Kansas, or any corporation, even if a wholly owned subsidiary of a foreign corporation, that does business primarily in Kansas or does substantially all of such businesses production in Kansas; (f) owner means any natural person who is, directly or indirectly, a partner, stockholder or member in a permitted entity investor; (g) permitted entity investor means (A) any general partnership, limited partnership, corporation that has in effect a valid election to be taxed as an S corporation under the United States internal revenue code, or a limited liability company that has elected to be taxed as a partnership under the United States internal revenue code and (B) that was established and is operated for the sole purpose of making investments in other entities; (h) qualified Kansas business means the Kansas businesses that are approved and certified as qualified Kansas businesses as provided in K.S.A. 2010 Supp. 74-8134, and amendments thereto; and (i) qualified securities means a cash investment through any one or more forms of financial assistance as provided in this subsection that have been approved in form and substance by KTEC the secretary. Such forms of financial assistance are: (1) Any form of equity, such as: (A) A general or limited, partnership interest; (B) common stock; (C) preferred stock, with or without voting rights, without regard to seniority position, and whether or not convertible into common stock; or (D) any form of subordinate or convertible debt, or both, with warrants or other means of equity conversion attached; or (2) a debt instrument, such as a note or debenture that is secured or unsecured, subordinated to the general creditors of the debtor and requires no payments of principal, other than principal payments required to be made out of any future profits of the debtor, for at least a seven-year period after commencement of such debt instruments term; and (j) secretary means the secretary of commerce. Sec. 28. From and after July 1, 2011, K.S.A. 2010 Supp. 74-8133 is hereby amended to read as follows: 74-8133. (a) A credit against the tax imposed by article 32 of chapter 79 of the Kansas Statutes Annotated on the Kansas taxable income of an angel investor and against the tax imposed by K.S.A. 40-252, and amendments thereto, shall be allowed for a cash investment in the qualified securities of a qualified Kansas business. The credit shall be in a total amount equal to 50% of such investors cash investment in any qualified Kansas business, subject to the limitations set forth in subsection (b). This tax credit may be used in its entirety in the taxable year in which the cash investment is made except that no tax credit shall be allowed in a year prior to January 1, 2005. If the amount by
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which that portion of the credit allowed by this section exceeds the investors liability in any one taxable year, beginning in the year 2005, the remaining portion of the credit may be carried forward until the total amount of the credit is used. If the investor is a permitted entity investor, the credit provided by this section shall be claimed by the owners of the permitted entity investor in proportion to their ownership share of the permitted entity investor. (b) The secretary of revenue shall not allow tax credits of more than $50,000 for a single Kansas business or a total of $250,000 in tax credits for a single year per investor who is a natural person or owner of a permitted entity investor. No tax credits authorized by this act shall be allowed for any cash investments in qualified securities for any year after the year 2016. The total amount of tax credits which may be allowed under this section shall not exceed $4,000,000 during the tax year 2007 and $6,000,000 for tax year 2008 and each tax year thereafter, except that for tax year 2011, the total amount of tax credits which may be allowed under this section shall not exceed $5,000,000. The balance of unissued tax credits may be carried over for issuance in future years until 2016. (c) A cash investment in a qualified security shall be deemed to have been made on the date of acquisition of the qualified security, as such date is determined in accordance with the provisions of the internal revenue code. (d) No investor shall claim a credit under this section for cash investments in Kansas venture capital, inc. No Kansas venture capital company shall qualify for the tax credit for an investment in a fund created by articles 81, 82, 83 or 84 of chapter 74 of the Kansas Statutes Annotated. (e) Any investor who has not owed any Kansas income tax under the provisions of article 32, chapter 79 of the Kansas Statutes Annotated for the immediate past three taxable years, who does not reasonably believe that it will owe any such tax for the current taxable year and who makes a cash investment in a qualified security of a qualified Kansas business shall be deemed to acquire an interest in the nature of a transferable credit limited to an amount equal to 50% of this cash investment. This interest may be transferred to any natural person of net worth, as defined in 17 C.F.R. 230.501(a) as in effect on the effective date of this act whether or not such person is then an investor and be claimed by the transferee as a credit against the transferees Kansas income tax liability beginning in the year provided in subsection (a). No person shall be entitled to a refund for the interest created under this section. Only the full credit for any one investment may be transferred and this interest may only be transferred one time. A credit acquired by transfer shall be subject to the limitations prescribed in this section. Documentation of any credit acquired by transfer shall be provided by the investor in the manner required by the director of taxation. (f) The reasonable costs of the administration of this act, the review of applications for certification as qualified Kansas businesses and the issuance of tax credits authorized by this act shall be reimbursed through fees paid by the qualified Kansas businesses and the investors or the transferees of investors, according to a reasonable fee schedule adopted by the corporation secretary by rules and regulations in accordance with the rules and regulations filing act. Sec. 29. From and after July 1, 2011, K.S.A. 2010 Supp. 74-8134 is hereby amended to read as follows: 74-8134. (a) Before an angel investor may be entitled to receive tax credits, as authorized by this act, such investor must have made a cash investment in a qualified security of a qualified Kansas business. This business must have been approved by KTEC the secretary as a qualified Kansas business prior to the date on which the cash investment was made. To be designated as a qualified Kansas business, a business must make application to KTEC the secretary in accordance with the provisions of this section. (b) Such application to KTEC shall be in form and substance as required by KTEC the secretary, but shall include at least the following: (1) The name of the business and certified copies of the organizational documents of the business; (2) a business plan, including a description of the business and the management, product, market and financial plan of business; (3) a statement of the business innovative and proprietary technology, product or service;
(4) a statement of the potential economic impact of the enterprise, including the number, location and types of jobs expected to be created; (5) a description of the qualified securities to be issued, the consideration to be paid for the qualified securities, the amount of any tax credits requested and the earliest year in which the tax credits may be redeemed; (6) a statement of the amount, timing and projected use of the proceeds to be raised from the proposed sale of qualified securities; and (7) such other information as KTEC the secretary may request, such as the names, addresses and taxpayer identification numbers of all investors who may qualify for the tax credit. Such list of investors who may qualify for the tax credits shall be amended as new qualified securities are sold or as any information on the list shall change. (c) No business shall be designated as a qualified Kansas business unless such business meets all of the following criteria: (1) The business must not have had annual gross revenues of more than $5,000,000 in the most recent tax year of the business; (2) businesses that are not bioscience businesses must have been in operation for less than five years; bioscience businesses must have been in operation for less than 10 years; (3) all else equal, first consideration will be given to animal health companies; (4) the business must not have ownership interests including, but not limited to, common or preferred shares of stock that can be traded by the public via a stock exchange, electronic exchange, bulletin board or other public market place on or before the date that a qualifying investment is made; (5) the business must not be engaged primarily in any one or more of the following enterprises: (A) Any service provider set forth in K.S.A. 17-2707, and amendments thereto; (B) the business of banking, savings and loan or lending institutions, credit or finance, or financial brokerage or investments; (C) the provision of professional services, such as legal, accounting or engineering services; (D) governmental, charitable, religious or trade organizations; (E) the ownership, development, brokerage, sales or leasing of real estate; (F) insurance; (G) construction or construction management or contracting; (H) business consulting or brokerage; (I) any business engaged primarily as a passive business, having irregular or noncontinuous operations, or deriving substantially all of the income of the business from passive investments that generate interest, dividends, royalties, or capital gains, or any business arrangements the effect of which is to immunize an investor from risk of loss; (J) any Kansas certified capital formation company; (K) any activity that is in violation of the law; and (L) any business raising money primarily to purchase real estate, land or fixtures; and (6) the business must satisfy all other requirements of this act. (d) Notwithstanding the requirements of subsection (c), a business may be considered as a qualified Kansas business under the provisions of this act if such business falls within a standard industrial classification code. (e) The portions of documents and other materials submitted to KTEC the secretary that contain trade secrets shall be kept confidential and shall be maintained in a secured environment by the president of KTEC secretary. For the purposes of this act, such portions of documents and other materials means any customer lists, any formula, compound, production data or compilation of information certain individuals within a commercial concern using such portions of documents and other material means to fabricate, produce or compound an article of trade, or, any service having commercial value, which gives the user an opportunity to obtain a business advantage over competitors who do not know or use such service. (f) A qualified Kansas business shall have the burden of proof to demonstrate to KTEC the secretary the qualifications of the business under this section and shall have the obligation to notify KTEC the secretary in a timely manner of any changes in the qualifications of the business or in the eligibility of investors to claim a tax credit for cash investment in a qualified security. Sec. 30. From and after July 1, 2011, K.S.A. 2010 Supp. 74-8135 is hereby amended to read as follows: 74-8135. (a) The designation of a business as a qualified Kansas business shall be made by KTEC the secretary, and such designation must be renewed annually. A
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business shall be so designated if KTEC the secretary determines, based upon the application submitted by the business and any additional investigation the staff of KTEC the department shall make, that the following criteria have been or shall be satisfied: (1) The business has a reasonable chance of success; (2) the business has the reasonable potential to create measurable employment within the state; (3) the business has an innovative and proprietary technology, product and service; (4) the existing owners of the business and other founders have made or are committed to make a substantial financial and time commitment to the business; (5) the securities to be issued and purchased are qualified securities; and (6) binding commitments have been made by the business to KTEC the department for adequate reporting of financial data, including a requirement for an annual report, or, if required by the board of directors of KTEC secretary, an annual audit of the financial and operational records of the business, the right of access to the financial records of the business and the right of KTEC the department to record and publish normal and customary data and information related to the issuance of tax credits that are not otherwise determined to be trade or business secrets. (b) In addition to reports by the businesses to KTEC and its board of directors, KTEC the department, the secretary will also provide an annual report, on or before February 1, to the governor, to the senate committee on commerce, the house committee on economic development and tourism and the joint committee on economic development and any successor committees thereto, on the marketing and use of the angel investor tax credits. This report will include the following: The amount of tax credits used in the previous fiscal year including what percentage was claimed by individuals and what percentage was claimed by investment firms; the types of businesses that benefited from the tax credits; and any aggregate job creation or capital investment in Kansas that resulted from the use of the tax credits for a period of five years beginning from the date on which the tax credits were awarded. In addition, the annual report will provide information regarding what businesses which derived benefit from the tax credits remained in Kansas and what businesses ceased business, what businesses were purchased and what businesses may have moved out-of-state and why. Sec. 31. From and after July 1, 2011, K.S.A. 2010 Supp. 74-8136 is hereby amended to read as follows: 74-8136. (a) Tax credits for qualified Kansas businesses are a limited resource of the state for which KTEC the secretary is designated as the administrator. The purpose of such tax credits is to facilitate the availability of equity investment in businesses in the early stages of commercial development and to assist in the creation and expansion of Kansas businesses which are job and wealth creating enterprises. To achieve this purpose and to optimize the use of the limited resources of the state, KTEC the secretary is authorized to issue tax credits to qualified investors in qualified Kansas businesses. Such tax credits shall be awarded to those qualified Kansas businesses which, as determined by KTEC the secretary, are most likely to provide the greatest economic benefit to the state. KTEC The secretary may issue whole or partial tax credits based on an assessment of the qualified businesses. KTEC The secretary may consider numerous factors in such assessment, including, but not limited to, the quality and experience of the management team, the size of the estimated market opportunity, the risk from current or future competition, the ability to defend intellectual property, the quality and utility of the business model and the quality and reasonableness of financial projections for the business. (b) Each qualified Kansas business for which tax credits have been issued pursuant to this act shall report to KTEC the department on an annual basis, the following: (1) The name, address and taxpayer identification number of each angel investor who has made cash investment in the qualified securities of a qualified Kansas business and has received tax credits for this investment during the preceding year and all other preceding years; (2) the amounts of these cash investments by each angel investor and a description of the qualified securities issued in consideration of such cash investments; (3) the name, address and taxpayer identification number of each investor to which tax credits issued pursuant to this act
have been transferred by the original angel investor; and (4) any additional information as KTEC the secretary may require pursuant to this act. (c) KTEC The secretary shall transmit annually to the governor, the secretary of commerce, the standing committee on commerce of the senate, the standing committee on economic development of the house of representatives, the joint committee on economic development, and Kansas, Inc. a report, based upon information received from each qualified Kansas business for which tax credits have been issued during the preceding year, describing the following: (1) The manner in which the purpose, as described in this act, has been carried out; (2) the total cash investments made for the purchase of qualified securities of qualified Kansas businesses during the preceding year and cumulatively since the inception of this act; (3) an estimate of jobs created and jobs preserved by cash investments made in qualified securities of qualified Kansas businesses; and (4) an estimate of the multiplier effect on the Kansas economy of the cash investments made pursuant to this act. (d) The secretary of commerce shall provide the information specified in subsection (c) to the department of revenue on an annual basis. The secretary of commerce shall conduct an annual review of the activities undertaken pursuant to this act to ensure that tax credits issued pursuant to this act are issued in compliance with the provisions of this act or rules and regulations promulgated by the department of commerce or KTEC with respect to this act. The reasonable costs of the annual review shall be paid by KTEC according to a reasonable fee schedule adopted by the secretary of commerce. (e) Any violation of the reporting requirements set forth in this section shall be grounds for undesignation of a qualified Kansas business under this section. (f) If the secretary of commerce determines that a business is not in substantial compliance with the requirements of this act to maintain its designation, the secretary, by written notice, shall inform the officers of the qualified Kansas business and the business that such business will lose designation as a qualified Kansas business in 120 days from the date of mailing of the notice unless such business corrects the deficiencies and is once again in compliance with the requirements for designation. (g) At the end of the 120-day period, if the qualified Kansas business is still not in substantial compliance, the secretary of commerce shall send a notice of loss of designation to the business, KTEC, the secretary of the department of revenue and to all known investors in the business. Loss of designation of a qualified Kansas business shall preclude the issuance of any additional tax credits with respect to this business and KTEC the secretary shall not approve the application of such business as a qualified Kansas business. Upon loss of the designation as a qualified Kansas business or if a business loses its designation as a qualified Kansas business under this act by moving its operations outside Kansas within 10 years after receiving financial assistance under this act, such business shall repay such financial assistance to KTEC the department, in an amount determined by KTEC the secretary. Each qualified Kansas business that loses such designation shall enter into a repayment agreement with KTEC the secretary specifying the terms of such repayment obligation. (h) Angel investors in a qualified Kansas business shall be entitled to keep all of the tax credits claimed under this act. (i) The department of commerce and KTEC may prepare and adopt procedures concerning the performance of the duties placed upon each respective entity by this act. The secretary shall adopt rules and regulations in accordance with the rules and regulations filing act necessary to implement the provisions of K.S.A. 2010 Supp. 74-8131 through 74-8136, and amendments thereto. Sec. 32. From and after July 1, 2011, K.S.A. 74-8316 is hereby amended to read as follows: 74-8316. (a) The Kansas technology enterprise corporation secretary is hereby authorized to facilitate the establishment of a technology-based venture-capital fund in which the corporation department may invest only moneys from the economic development initiatives fund specifically so allocated. The corporation may credit also department may also credit the fund with gifts, donations or grants received from any source other than state government and with proceeds from the fund.
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Investments in the fund shall qualify for the income tax credit allowed pursuant to K.S.A. 74-8304, and amendments thereto. (b) The technology-based venture-capital fund may invest the assets as follows: (1) To carry out the purposes of this act through investments in qualified securities and through the forms of financial assistance authorized by this act, including: (A) Loans, loans convertible to equity, and equity; (B) leaseholds; (C) management or consultant service agreements; (D) loans with warrants attached that are beneficially owned by the fund; (E) loans with warrants attached that are beneficially owned by a party other than the fund; and (F) the fund, in connection with the provision of any form of financial assistance, may enter into royalty agreements with an enterprise. (2) To invest in such other investments as are lawful for Kansas fiduciaries pursuant to K.S.A. 2002 Supp. 58-24a02 and amendments thereto. (c) Distributions received by the corporation may be reinvested in any fund consistent with the purposes of this act. (d) The corporation secretary may invest only in a fund whose investment guidelines permit the funds purchase of qualified securities issued by an enterprise as a part of a resource and technology project subject to the following: (1) Receipt of an application from the enterprise which contains: (A) A business plan including a description of the enterprise and its management, product and market; (B) a statement of the amount, timing and projected use of the capital required; (C) a statement of the potential economic impact of the enterprise, including the number, location and types of jobs expected to be created; and (D) such other information as the fund manager or the funds board of directors shall request. (2) Approval of the investment by the fund may be made after the fund manager or the funds board of directors finds, based upon the application submitted by the enterprise and such additional investigation as the fund manager or the funds board of directors shall make and incorporate in its minutes, that: (A) The proceeds of the investment will be used only to cover the venture-capital needs of the enterprise except as authorized by this section; (B) the enterprise has a reasonable possibility of success; (C) the funds participation is instrumental to the success of the enterprise because funding otherwise available for the enterprise is not available on commercially feasible terms; (D) the enterprise has the reasonable potential to create a substantial amount of employment within the state; (E) the entrepreneur and other founders of the enterprise have already made or are contractually committed to make a substantial financial and time commitment to the enterprise; (F) the securities to be purchased are qualified securities; (G) there is a reasonable possibility that the fund will recoup at least its initial investment; and (H) binding commitments have been made to the fund by the enterprise for adequate reporting of financial data to the fund, which shall include a requirement for an annual report, or if required by the fund manager, an annual audit of the financial and operational records of the enterprise, and for such control on the part of the fund as the fund manager shall consider prudent over the management of the enterprise, so as to protect the investment of the fund, including in the discretion of the fund manager and without limitation, the right of access to financial and other records of the enterprise. (e) All investments made pursuant to this section shall be evaluated by the funds investment committee and the fund shall be audited annually by an independent auditing firm. (f) The fund shall not make investments in qualified securities issued by enterprises in excess of the amount necessary to own more than 49% of the qualified securities in any one enterprise at the time of the purchase by the fund, after giving effect to the conversion of all outstanding convertible qualified securities of the
enterprise, except that in the event of severe financial difficulty of the enterprise, threatening, in the judgment of the fund manager, the investment of the fund therein, a greater percentage of such securities may be owned by the fund. (g) At least 75% of the total investment of the fund must be in Kansas businesses. Sec. 33. From and after July 1, 2011, K.S.A. 74-8317 is hereby amended to read as follows: 74-8317. The corporation secretary shall transmit annually to the governor, the standing committee on commerce of the senate, the standing committee on economic development of the house of representatives, the joint committee on economic development and Kansas, Inc.: (a) The annual statement of the fund; and (b) a report, based upon information received by the fund manager, which specifies the following: (1) The manner in which the purpose as described in this act has been carried out by the fund. (2) The total investments made annually by the fund in Kansas businesses. (3) An estimate of jobs created and jobs preserved by investments by the fund in Kansas businesses. (4) An estimate of the multiplier effect on the Kansas economy of investments by the fund in Kansas businesses. (5) An analysis of the targeting of scarce resources by the fund by size, sector and location to enterprises of particular need and opportunity. Sec. 34. From and after July 1, 2011, K.S.A. 74-8318 is hereby amended to read as follows: 74-8318. No enterprise shall be eligible to receive investment pursuant to this act if an officer, employee or member of the board of directors of the corporation, the fund or any other entity in which the corporation has a majority interest has a substantial interest in the corporation. No enterprise shall be eligible to receive investment pursuant to this act if the secretary or any employee of the department, or any officer, employee or member of the board of directors of either the fund or any other entity which has a substantial interest in the enterprise. For the purposes of this section, the term substantial interest shall have the meaning ascribed to it in K.S.A. 46-229, and amendments thereto. Sec. 35. From and after July 1, 2011, K.S.A. 74-8319 is hereby amended to read as follows: 74-8319. For purposes of this act: (a) Corporation means the Kansas technology enterprise corporation Department means the department of commerce; (b) fund means any venture-capital fund whether organized as a corporation, partnership, limited partnership, limited liability company or other business entity, as well as any separately organized entity, which manages any such fund; (c) fund manager means any person or persons, approved by the corporation secretary, legally responsible for the investment and management of a funds assets pursuant to statute or contract; and (d) secretary means the secretary of commerce. Sec. 36. From and after July 1, 2011, K.S.A. 74-8401 is hereby amended to read as follows: 74-8401. (a) There shall be allowed as a credit against the tax imposed by the Kansas income tax act on the Kansas taxable income of a taxpayer and against the tax imposed by K.S.A. 40-252, and amendments thereto, on insurance companies for cash investment in a certified local seed capital pool an amount equal to 25% of such taxpayers cash investment in any such pool in the taxable year in which such investment is made and the taxable years following such taxable year until the total amount of the credit is used. The amount by which that portion of the credit allowed by this section exceeds the taxpayers liability in any one taxable year may be carried forward until the total amount of the credit is used. If the taxpayer is a corporation having an election in effect under subchapter S of the federal internal revenue code or a partnership, the credit provided by this section shall be claimed by the shareholders of such corporation or the partners of such partnership in the same manner as such shareholders or partners account for their proportionate shares of the income or loss of the corporation or partnership. (b) The total amount of credits allowable pursuant to this section and credits allowable pursuant to K.S.A. 74-8205, 74-8206 and 74-8304, and amendments thereto, shall be attributable to not more than $50,000,000 of cash investments in Kansas venture capital
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companies, Kansas Venture Capital, Inc. and local seed capital pools. With respect to the additional amount of cash investments made eligible for tax credits by this act, $10,000,000 of such amount shall be dedicated and reserved until December 31, 1990, for cash investments in a seed capital fund or funds in which the Kansas technology enterprise corporation, or its subsidiaries, department of commerce is an investor. The $50,000,000 amount of cash investments now eligible for the tax credits allowed pursuant to this section and K.S.A. 74-8205, 74-8206 and 74-8304, and amendments thereto, shall be reduced to the extent that the total amount of cash investments received by such seed capital fund or funds before January 1, 1991, is less than $10,000,000. However, any such credits which were not claimed for investments made prior to January 1, 1991, may be allowed to a taxpayer for cash investment made in Kansas Venture Capital, Inc. pursuant to K.S.A. 74-8205 and 748206, and amendments thereto, not to exceed $2,595,236 of the $10,000,000 reserved under this subsection for investment in seed capital funds in which the Kansas technology enterprise corporation or its subsidiaries department of commerce was an investor. A taxpayer may also be allowed a credit for cash investment made pursuant to K.S.A. 74-8304, and amendments thereto not to exceed $6,012,345 of the $10,000,000 reserved under this subsection if such taxpayer first purchases the entire interest of the Kansas technology enterprise corporation or its subsidiaries department of commerce in Kansas venture capital companies established prior to January 1, 1991. However, no credit shall be allowed for cash investment which results in the purchase of the interest of the Kansas technology enterprise corporation or its subsidiaries in Kansas venture capital companies established prior to January 1, 1991. (c) As used in this section, (1) local seed capital pool means money invested in a fund established to provide funding for use by small businesses for any one or more of the following purposes: (A) Development of a prototype product or process; (B) a marketing study to determine the feasibility of a new product or process; or (C) a business plan for the development and production of a new product or process; and (2) Kansas business means any small business owned by an individual, any partnership, association or corporation domiciled in Kansas, or any corporation, even if a wholly owned subsidiary of a foreign corporation, that does business primarily in Kansas or does substantially all of its production in Kansas. (d) No credit from income tax liability shall be allowed for cash investment in a local seed capital pool unless: (1) The amount of private cash investment therein is $200,000 or more; (2) the moneys necessary to administer and operate the pool are funded from sources other than the private and public cash investments; and (3) funds invested by the local seed capital pool shall be invested at 100% in Kansas businesses. (e) Public funds may be invested in a local seed capital pool except that each dollar of public funds, other than that which may be used to administer and operate a pool, shall be matched by not less than $2 of private cash investment. Public funds shall have a senior position to any private cash investment and may receive a lower rate of return than that allowable for a private cash investment. (f) The provisions of this section, and amendments thereto, shall be applicable to all taxable years commencing after December 31, 1986. Sec. 37. From and after July 1, 2011, K.S.A. 2010 Supp. 74-99b03 is hereby amended to read as follows: 74-99b03. As used in the bioscience authority act, and amendments thereto, the following words and phrases shall have the following meanings unless a different meaning clearly appears from the content: (a) Authority means the Kansas bioscience authority created by this act. (b) Authority employee means an employee of the authority who performs services for the authority and whose salary is paid in whole or in part by the authority. An authority employee will not be considered to be a state employee, as such term is defined in this act or in any other statute or regulation. (c) Bioscience means the use of compositions, methods and organisms in cellular and molecular research, development and manufacturing processes for such diverse areas as pharmaceuticals, medical therapeutics, medical diagnostics, medical devices, medical instruments, biochemistry, microbiology, veterinary med-
icine, plant biology, agriculture and industrial, environmental, and homeland security applications of bioscience, and future developments in the biosciences. Bioscience includes biotechnology and life sciences. (d) Bioscience company means a corporation, limited liability company, S corporation, partnership, registered limited liability partnership, foundation, association, nonprofit entity, sole proprietorship, business trust, person, group, or other entity that is engaged in the business of bioscience in the state and has business operations in the state, including, without limitation, research, development, or production directed towards developing or providing bioscience products or processes for specific commercial or public purposes and are identified by the following NAICS codes: 325411, 325412, 325413, 325414, 325193, 325199, 325311, 32532, 334516, 339111, 339112, 339113, 334510, 334517, 339115, 621511, 621512, 54171, 54138, 54194. (e) Bioscience development project means an approved project to implement a project plan in a bioscience development district. (f) Bioscience research means any investigation for the advancement of scientific or technological knowledge of bioscience and any activity that seeks to utilize, synthesize, or apply existing knowledge, information or resources to the resolution of a specific problem, question or issue of bioscience. (g) Bioscience research institutions means all universities and colleges located in the state of Kansas conducting bioscience research. (h) Biotechnology means those fields focusing on technological developments in such areas as molecular biology, genetic engineering, genomics, proteomics, physiomics, nanotechnology, biodefense, biocomputing and bioinformatics. (i) Board means the board of directors of the authority created by this act. (j) Bonds has the same meaning as in K.S.A. 74-8902, and amendments thereto. (k) Bioscience development and investment fund means the fund created by K.S.A. 2010 Supp. 74-99b34, and amendments thereto. (l) Eminent scholar means world-class, distinguished and established investigators recognized nationally for their research, achievements and ability to garner significant federal funding on an annual basis. Eminent scholars are recognized for their scientific knowledge and entrepreneurial spirit to enhance the innovative research that leads to economic gains. Eminent scholars are either members of or likely candidates for the national academy of sciences or other prominent national academic science organizations. (m) Kansas technology enterprise corporation or KTEC means the Kansas technology enterprise corporation created under K.S.A. 74-8101, and amendments thereto. (n) (m) Life sciences means the areas of medical sciences, pharmaceutical sciences, biological sciences, zoology, botany, horticulture, ecology, toxicology, organic chemistry, physical chemistry, physiology and any future advances associated with life sciences. (o) (n) NAICS means the north American industry classification system. (p) (o) NISTAC means the national institute for strategic technology acquisition and commercialization. (q) (p) President means the chief executive officer of the authority. (r) (q) Principal operation means the operation of the authority requiring at least 75% of the total number of employees at all times. (s) (r) Qualified company means a Kansas company conducting bioscience research and development that may be granted a funding voucher. (t) (s) Rising star scholar means up-and-coming distinguished investigators growing in their national reputations in their fields, who are active and demonstrate leadership in their associated professional societies, and who attract significant federal research grant support. Rising star scholars would be likely candidates for the national academy of sciences or other prominent national academic science organizations in the future. (u) (t) State means the state of Kansas.
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(v) (u) State employee means a person employed by the state of Kansas whether or not a classified or unclassified employee in the state personnel system. Authority employees shall not be considered state employees, as such term is defined in this act or in any other statute or rule and regulation. (w) (v) State universities includes state educational institutions as defined in K.S.A. 76-711, and amendments thereto, and the municipal university as defined in K.S.A. 74-3201b, and amendments thereto. (x) (w) Taxpayer means a person, corporation, limited liability company, S corporation, partnership, registered limited liability partnership, foundation, association, nonprofit entity, sole proprietorship, business trust, group or other entity that is subject to the Kansas income tax act K.S.A. 79-3201 et seq., and amendments thereto. (y) (x) Technology transfer means, without limitation, assisting with filing patent applications, executing licenses, paying maintenance fees and managing the finance, production, sales and marketing of bioscience intellectual property. (z) (y) This act means the bioscience authority act. (aa) (z) Notwithstanding any other provision of this act, the terms bioscience, biotechnology and life sciences shall not be construed to include: (1) Induced abortion in humans, performed after the date of enactment of this act, or the use of cells or tissues derived therefrom; or (2) any research the federal funding of which would be contrary to federal laws that are in effect on the date of enactment of this act. Sec. 38. K.S.A. 2010 Supp. 74-99b04 is hereby amended to read as follows: 74-99b04. (a) There is hereby established a body politic and corporate, with corporate succession, to be known as the Kansas bioscience authority. The authority shall be an independent instrumentality of the state. Its exercise of the rights, powers and privileges conferred by this act shall be deemed and held to be the performance of an essential governmental function. (b) In order to accelerate any and all synergy and opportunities for the growth of the authority, the authority shall be headquartered and establish its principal operation in the county in the state with the highest number of bioscience employees associated with bioscience companies as of the effective date of this act. The exact location of the authoritys headquarters and principal operations in such county shall be at the discretion of the authoritys board. (c) The authority shall be governed by an eleven-member board. One member of the board shall be an agricultural expert who is recognized for outstanding knowledge and leadership in the field of bioscience. Eight of the members of the board shall be representatives of the general public who are recognized for outstanding knowledge and leadership in the fields of finance, business, bioscience research, plant biotechnology, basic research, health care, legal affairs, bioscience manufacturing or product commercialization, education or government. Of the nine voting members, five must be residents of the state. The other two members of the board shall be nonvoting members with research expertise representing state universities and shall be appointed by the Kansas board of regents. Nonvoting members shall serve at the pleasure of the board of regents. (d) Of the nine voting members who will be appointed to the authoritys first board, two shall be appointed by the governor for a term of office of four years, two shall be appointed by the speaker of the house of representatives, one of which shall be the agricultural expert as authorized in subsection (c), for a term of office of three years, two shall be appointed by the president of the senate for a term of office of three years, one shall be appointed by the minority leader of the house of representatives for a term of office of two years, one shall be appointed by the minority leader of the senate for a term of office of two years, and one shall be appointed by the Kansas technology enterprise corporation for a term of office of one year member shall be the secretary of commerce. Members of the first board shall be appointed by August 1, 2004. No more than three voting members shall be appointed from any one congressional district. All voting members of the board shall be subject to senate confirmation as provided in K.S.A. 75-4315b, and amendments thereto. Any member of the board whose nomination is subject to confirmation during a regular session of the legislature shall
be deemed terminated when the senate rejects the nomination. No such termination shall affect the validity of any action taken by such member of the board before such termination. (e) Terms of voting members appointed pursuant to this section shall expire on March 15. (f) After the expiration of the terms of the authoritys first board, or whenever a vacancy occurs or is announced regarding a voting member or members of the board, such voting member or members shall be appointed as described in subsections (c) and (d), except that such members shall be appointed for terms of four years each. In the event of a vacancy the appointment shall be for the remainder of the unexpired portion of the term. Each member of the board shall hold office for the term of appointment and until a successor has been confirmed. Any member of the board is eligible for reappointment, but members of the board shall not be eligible to serve more than three consecutive four-year terms. (g) Except for appointments of nonvoting members, each appointment shall be forwarded to the senate for confirmation as provided in K.S.A. 75-4315b, and amendments thereto. Except as provided by K.S.A. 2010 Supp. 46-2601, and amendments thereto, no person appointed to the board shall exercise any power, duty or function as a member of the board until confirmed by the senate. In case of a vacancy when the senate is not in session, the appointing entity may make a temporary appointment to the board until the next meeting of the senate. Any person who is temporarily appointed by the appointing entity to the board shall have all of the powers, duties and functions as a member of the board during such temporary appointment. (h) The board annually shall elect a voting member as chairperson and at least one other as vice-chairperson. The board also shall elect a secretary and treasurer for terms to be determined by the board. The board may elect the same person to serve as both secretary and treasurer. The board shall establish an executive committee, nominating committee and other standing or special committees, and prescribe their duties and powers. Any executive committee of the board may exercise all such powers and duties of the board as the board may delegate. (i) Members of the board are entitled to compensation and expenses as provided in K.S.A. 75-3223, and amendments thereto. Members of the board attending board meetings or subcommittee meetings authorized by the board, shall be paid mileage and all other applicable expenses, provided such expenses are consistent with policies established from time-to-time by the board and as required by subsection (k) (j). (j) No part of the funds of the authority shall inure to the benefit of, or be distributed to, its employees, officers or members of the board, except that the authority may make reasonable payments for expenses incurred on its behalf relating to any of its lawful purposes and the authority shall be authorized and empowered to pay reasonable compensation for services rendered to or for its benefit relating to any of its lawful purposes, including to pay its employees reasonable compensation. (k) Any member of the board other than a nonvoting member may be removed by an affirmative vote by six members of the board for malfeasance or misfeasance in office, regularly failing to attend meetings, or for any cause which renders the member incapable of or unfit to discharge the duties of director. (l) The board shall meet at least four times per year and at such other times as it deems appropriate, or upon call by the president or the chairperson, or upon written request of a majority of the directors of the board. The board may adopt, repeal and amend such rules, procedures and bylaws, not contrary to law or inconsistent with this act, as it deems expedient for its own governance and for the governance and management of the authority. A majority of the total voting membership of the board shall constitute a quorum for meetings. The board may act by a majority of those at any meeting where a quorum is present, except upon such issues as the board may determine shall require a vote of six members of the board for approval. The board shall meet for the initial meeting upon call by the member of the board appointed by the Kansas technology enterprise corporation secretary of commerce, who shall act as temporary chairperson until officers of the board are elected pursuant to subsection (i) (h). (m) The board shall appoint a president who shall serve at the pleasure of the board. The president shall serve as the chief exec-
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utive officer of the authority. The presidents salary shall be set by the board. The board may negotiate and enter into an employment agreement with the individual selected as president of the authority, which may provide for compensation allowances, benefits and expenses as may be included in such agreement. The president shall direct and supervise administrative affairs and the general management of the authority. (n) The board may provide supplemental benefits to the president and other authority employees designated by the board in addition to the benefits provided under this act. (o) The authority shall continue until terminated by law, except that no such law shall take effect so long as the authority has debts or obligations outstanding, unless adequate provision has been made for the payment or retirement of such debts or obligations. Upon any such dissolution of the authority, all property, funds and assets thereof shall be vested in the state, bioscience research institutions or both as designated by the board, or any other public institute or private enterprise engaged in the business of bioscience, or any combination thereof, as designated by the board and approved by act of the legislature. Sec. 39. From and after July 1, 2011, K.S.A. 2010 Supp. 74-99b09 is hereby amended to read as follows: 74-99b09. (a) The authority shall have all of the powers necessary to carry out the purposes and provisions of this act, including, without limitation, the following powers to: (1) Make, amend and repeal bylaws, rules and regulations for the management of its affairs; (2) have the duties, privileges, immunities, rights, liabilities and disabilities of a body politic and corporate and independent instrumentality of the state; (3) have perpetual existence and succession; (4) adopt, have and use a seal and to alter the same at its pleasure; (5) sue and be sued in its own name; (6) work with bioscience research institutions to identify and recruit eminent scholars and rising star scholars who shall become employed by bioscience research institutions or the authority, or both, to perform bioscience research, development and commercialization at bioscience research institutions or at authority facilities, or both; (7) transfer funds to bioscience research institutions in amounts to be determined by the board for the purpose of attracting and then supplementing the compensation of eminent scholars and rising star scholars; (8) work with and collaborate with bioscience research institutions to determine the types of bioscience research that will be conducted by eminent scholars and rising star scholars; (9) work with bioscience research institutions to determine the types of facilities that may be constructed at bioscience research institutions or at authority premises, or elsewhere, for eminent scholars and rising star scholars to perform bioscience research and development; (10) employ personnel to assist or complement the research of eminent scholars and rising star scholars; (11) establish policies and procedures to facilitate integrated bioscience research activities by the authority and bioscience research institutions; (12) make and execute contracts, guarantees or any other instruments and agreements necessary or convenient for the exercise of its powers and functions including, without limitation, to make and execute contracts with bioscience enterprises, including startup companies, other public and private persons and entities, health care businesses, state universities and colleges, and to incur liabilities and secure the obligations of any entity or individual; (13) partner with the bioscience research institutions to provide matching funds for federal grants; (14) borrow money and to pledge all or any part of the authoritys assets therefore; (15) purchase, lease, trade, exchange or otherwise acquire, maintain, hold, improve, mortgage, sell and dispose of personal property, whether tangible or intangible, and any interest therein; and to purchase, lease, trade, exchange or otherwise acquire real property or any interest therein, and to maintain, hold, improve, mortgage, sell, lease and otherwise transfer such real property to the universities, colleges, public institutions and private enter-
prises in the state, so long as such transactions do not conflict with the mission of the authority as specified in this act; (16) own, acquire, construct, renovate, equip, improve, operate, maintain, sell or lease any land, buildings or facilities in the state that can be used in researching, developing, sponsoring or commercializing bioscience in the state including, without limitation, a state-of-the-art facility, laboratory or commercial wet lab space incubator to be used by the authority, and also to be made available for use by bioscience research institutions or Kansas companies conducting bioscience research and development for bioscience research, commercialization and technology transfer of bioscience products, processes and other intellectual property in accordance with the provisions of this act; (17) incur or assume indebtedness to, and enter into contracts with the Kansas development finance authority, which is authorized to borrow money, issue bonds and provide financing for the authority; (18) develop policies and procedures generally applicable to the procurement of goods, services and construction, based upon sound business practices; (19) solicit, study and assist in the preparation of business plans and proposals of new or established businesses to advance the biosciences in the state; (20) own and possess patents, copyrights, trademarks and proprietary technology and to enter into contracts for the purposes of commercializing and establishing charges for the use of such patents, copyrights, trademarks and proprietary technology involving bioscience; (21) contract for and to accept any gifts, grants and loans of funds, property or any other aid in any form from the federal government, the state, any state agency or any other source, or any combination thereof, and to comply with the provisions of the terms and conditions thereof; (22) acquire space, equipment, services, supplies and insurance necessary to carry out the purposes of this act; (23) deposit any moneys of the authority in any banking institution within or without the state or in any depository authorized to receive such deposits, one or more persons to act as custodians of the moneys of the authority; (24) procure such insurance, participate in such insurance plans or provide such self-insurance or both as it deems necessary or convenient to carry out the purposes and provisions of this act; the purchase of insurance, participation in an insurance plan or creation of a self-insurance fund by the authority shall not be deemed as a waiver or relinquishment of any sovereign immunity to which the authority or its officers, directors, employees or agents are otherwise entitled; (25) appoint, supervise and set the salary and compensation of the president, who shall be appointed by and serve at the pleasure of the board; (26) fix, revise, charge and collect rates, rentals, fees and other charges for the services or facilities furnished by or on behalf of the authority, and to establish policies and procedures regarding any such service rendered for the use, occupancy or operation of any such facility; such charges and policies and procedures not to be subject to supervision or regulation by any commission, board, bureau or agency of the state; and (27) do any and all things necessary or convenient to carry out the authoritys purposes and exercise the powers given in this act. (b) The authority may create, own in whole or in part, or otherwise acquire or dispose of any entity organized for a purpose related to or in support of the mission of the authority. (c) The authority may participate in joint ventures and collaborate with any taxpayer, governmental body or agency, insurer, university and college of the state, or any other entity to facilitate any activities or programs consistent with the purpose and intent of this act. (d) (1) The authority may create a nonprofit entity or entities for the purpose of soliciting, accepting and administering grants, outright gifts and bequests, endowment gifts and bequests, and gifts and bequests in trust, which entity or entities shall not engage in trust business. The nonprofit entity created in this subsection may expend such funds through grants or loans to further the purpose of bioscience authority activities including, but not limited to, is(continued)
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suing grants to high schools for the purpose of creating bioscience academies and to Kansas universities and colleges for the purpose of increasing the number of students majoring in bioscience, science education and math education. The authority may set requirements for curricula, teaching credentials and any other items and procedures incidental to establishing the grant programs. (2) Grants made pursuant to this subsection shall be based on requirements established by the nonprofit entity and may include, but not be limited to, requirements for eligibility, grant applications, organizational characteristics and standards for eligibility and accountability as are deemed advisable by the nonprofit entity. (3) The authority may not create any political action committee or contribute to any political action committee. (e) In carrying out any activities authorized by this act, the authority may provide appropriate assistance, including the making of loans and providing time of employees, to any taxpayer, governmental body or agency, insurer, university and college of the state, or any other entity, whether or not any such taxpayer, governmental body or agency, insurer, university and college of the state, or any other entity is owned or controlled in whole or in part, directly or indirectly, by the authority. (f) Notwithstanding any provision of law to the contrary, the authority may, on an independent basis for itself or from time-totime through a contractual relationship with KTEC, invest the funds received from gifts, grants, donations and other operations of the authority in such investments as would be lawful for a private corporation having purposes similar to the authority including preseed, seed capital and venture capital funds whose purpose is to commercialize bioscience intellectual property, and in any obligations or securities as authorized by the board. Prior to making any investments, the board shall adopt written investment guidelines. (g) Except as provided in this act, all moneys earned or received by the authority, including all funds derived from the commercialization of bioscience products by the authority, or any affiliate or subsidiary thereof, or from the Kansas bioscience development and investment fund, shall belong exclusively to the authority. (h) In accordance with subsection (i) below, the authority shall direct and manage the commercialization of bioscience intellectual property created by eminent scholars and rising star scholars who are employed by bioscience research institutions or the authority or both. Prior to the authority providing any financial support or funding to the bioscience research institutions, the authority and the bioscience research institutions must enter into an agreement that will govern each partys respective duties and responsibilities with respect to technology transfer and commercialization of any such bioscience intellectual property. Such agreements between the authority and the bioscience research institutions shall address the sharing of revenue from any such bioscience intellectual property, the technology transfer of such bioscience intellectual property, patent application filing and maintenance fees, assumption of risks and the terms of ownership of such bioscience intellectual property. The authority and the bioscience research institutions shall have authority to freely negotiate. If conflicts arise, all terms and provisions of such agreement shall prevail and govern over any policy of a bioscience research institution or the Kansas board of regents. (i) During the first five years after the effective date of this act, the authority may contract with KTEC, which will be able to subcontract with appropriate third parties as it deems necessary and appropriate, including, without limitation, NISTAC, for the initial commercialization efforts for bioscience intellectual property, including, without limitation, corporate patent donations. The contract between the authority and KTEC must be negotiated between the authority and KTEC and will set forth the rights and responsibilities of each party, including the financial terms, payment of funds for personnel, assumptions of risks, technology transfer and terms of ownership and licensure of such bioscience intellectual property. The contract between the authority and KTEC must also set forth the authoritys right, if any, to sell, license, contribute or provide its contractual share of bioscience intellectual property to any third party, or provide services, facilities or assistance to any third party, for a fee, for an ownership interest in the third party, or other consideration, so as to commercialize bioscience technol Kansas Secretary of State 2011
ogy. After the five-year period from the effective date of this act, the authority may independently commercialize or enter into contracts with third parties for the commercialization of bioscience intellectual property and for technology transfer. The authority will take steps to reasonably ensure that it does not duplicate existing commercialization efforts already located in the state and recognizes the important role KTEC plays in the state. After the five-year period from the effective date of this act, the authority may sell, license, contribute or provide bioscience intellectual property to any third party, or provide services, facilities or assistance to any third party, for a fee, for an ownership interest in the third party, or other consideration, so as to commercialize bioscience technology. The authority may take all such actions necessary to commercialize any technology in which the authority has an interest. (j) For the five-year period following the effective date of this act, the authority may transfer funds to KTEC for the operation and management of authority-owned facilities, including, without limitation, funds for KTEC to employ the personnel necessary to assist the authority, the exact amount of such transfer to be negotiated between the authority and KTEC. After consulting with and in accordance with recommendations by the board, KTEC may use such funds to identify, recruit and employ personnel who will perform management and other services at such authority-owned facilities. (k) During the five-year period after the effective date of this act, the authority shall contract with KTEC at least once a year for KTEC to submit a report to the board identifying all patents secured, licenses granted, the number of eminent scholars and rising star scholars in the state, a complete accounting of interests in technology sold, transferred, licensed or otherwise disposed of, including, without limitation, the names of buyers, the buyers location, the date the technology was transferred, revenue generated by the transfer of such technology, and any other information that the board deems appropriate. After the five-year period from the effective date of this act, on at least an annual basis, the authority shall conduct, either independently or through a contract with a third party, including KTEC if chosen by the authority, a report of the foregoing information to be submitted to the board. (l) The authority shall prepare an annual report to the legislature and the governor on all distributions from the bioscience development and investment fund, and income, investment and income tax credits and exemptions attributed to bioscience authority activity. The authority with assistance from the department of revenue shall prepare an annual report summarizing the growth of bioscience research and industry in Kansas. (m) (k) The authority shall be subject to review by Kansas, Inc. In the review, Kansas, Inc. shall evaluate and report on the effectiveness of the activities of the bioscience authority in the manner provided in K.S.A. 74-8010, and amendments thereto. Sec. 40. From and after July 1, 2011, K.S.A. 2010 Supp. 74-99b63 is hereby amended to read as follows: 74-99b63. As used in the bioscience research and development voucher program act, and amendments thereto, the following words and phrases have the following meanings unless a different meaning clearly appears from the content: (a) Authority means the Kansas bioscience authority as created by K.S.A. 2010 Supp. 74-99b04, and amendments thereto. (b) Bioscience means, without limitation, the use of compositions, methods and organisms in cellular and molecular research, development and manufacturing processes for such diverse areas as pharmaceuticals, medical therapeutics, medical diagnostics, medical devices, medical instruments, biochemistry, microbiology, veterinary medicine, plant biology, agriculture, industrial, environmental and homeland security applications of bioscience and future developments in the biosciences. Bioscience includes biotechnology and life sciences. (c) Bioscience research means any investigation for the advancement of scientific or technological knowledge of bioscience and any activity that seeks to utilize, synthesize, or apply existing knowledge, information or resources to the resolution of a specific problem, question or issue of bioscience. (d) Bioscience research institutions means all universities and colleges located in the state of Kansas conducting bioscience research.
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(e) Biotechnology means, without limitation, those fields focusing on technological developments in such areas as molecular biology, genetic engineering, genomics, proteomics, physiomics, nanotechnology, biodefense, biocomputing, bioinformatics and future developments associated with biotechnology. (f) KTEC means the Kansas technology enterprise corporation created by K.S.A. 74-8101 et seq., and amendments thereto. (g) Life sciences means the areas of medical sciences, pharmaceutical sciences, biological sciences, zoology, botany, horticulture, ecology, toxicology, organic chemistry, physical chemistry, physiology and any future advances associated with life sciences. (h) (g) Qualified company means a Kansas company conducting bioscience research and development that may be granted a funding voucher. (i) (h) State means the state of Kansas. (j) (i) This act means the bioscience research and development voucher program act. Sec. 41. From and after July 1, 2011, K.S.A. 2010 Supp. 74-99b66 is hereby amended to read as follows: 74-99b66. (a) On terms mutually acceptable to the authority and KTEC the authority may contract with KTEC, to The authority shall review applications and to certify whether an applicant is a qualified company. (b) On terms mutually acceptable to the authority and KTEC, the authority may contract with KTEC to The authority shall develop application criteria and an application process subject to the following limitations. The proposed bioscience research and development project must be likely to: (1) Produce a measurable result and be technically sound; (2) lead to innovative technology or new knowledge; (3) lead to commercially successful products, processes or services; (4) stimulate economic growth; or (5) enhance employment opportunities within the state. (c) As part of the application process, the applicant shall provide the following information to the authority: (1) Verification that the applicant is a Kansas company conducting bioscience research and development; (2) a technical research plan that is sufficient for outside expert review; (3) a detailed financial analysis that includes the commitment of resources by the applicant and others; (4) sufficient detail concerning proposed project partners, type and amount of work to be performed by each partner and expected product or service with estimated costs to be reflected in the negotiated contract or agreement; and (5) a statement of the economic development potential of the project. (d) Before providing the qualified company with a certificate authorizing voucher funding from the authority through KTEC, the authority may negotiate with the qualified company the ownership of patents, copyrights, trademarks, proprietary technology and any other intellectual property rights, royalties and equity relating to the bioscience research and development project on behalf of the research and development voucher fund for the purpose of reinvesting and sustaining a continuous fund to carry out the provisions of this act. Sec. 42. From and after July 1, 2011, K.S.A. 2010 Supp. 74-99c03 is hereby amended to read as follows: 74-99c03. (a) There is hereby created a body politic and corporate to be known as the Kansas center for entrepreneurship. The secretary of commerce, after consulting with the board of directors, shall enter into a contractual agreement for the operation of the center. The centers exercise of all the rights, powers and privileges conferred by this act and shall be deemed and held to be the performance of an essential government function. (b) The center shall be governed by a board of 11 10 directors. The board of directors shall be appointed by the secretary of commerce and shall be comprised of individuals who have demonstrated entrepreneurial success, including one member from each of the following organizations: (1) Three at-large entrepreneurs, (2) an agricultural entrepreneur knowledgeable in biosciences, (3) banking industry, (4) travel/tourism industry, (5) enterprise facilitation,
(6) Kansas chamber of commerce and industry, (7) Kansas small business development centers, and (8) Kansas technology enterprise corporation and (9) national federation of independent businesses. (c) (1) Members shall serve for a term of four years and until such members successors are appointed, except that, of the members first appointed, three shall serve for a term of two years, three shall serve for a term of three years and two shall serve for a term of four years. (2) In case of a vacancy by a member, a successor shall be appointed in like manner and subject to the same qualifications and conditions as the original appointment of the member creating the vacancy and shall serve the remainder of the unexpired portion of the term. (d) The secretary of commerce shall organize and schedule the first meeting of the board, at which time the board shall choose a chairperson and may appoint committees from its members as necessary. (e) The board of directors shall meet at least four times a year and at such other times as it deems appropriate or upon call of the chairperson or upon the written request of a majority of the members of the board. (f) Members of the board of directors attending board meetings or committee meetings thereof authorized by the center, shall be paid amounts provided in subsection (e) of K.S.A. 75-3223, and amendments thereto. (g) Members of the board of directors, in their dealings with enterprises that may receive financing through the corporation, shall declare any potential conflict of interest and abstain from voting prior to taking any actions relating to that transaction. (h) The board of directors shall hold all board meetings within the state of Kansas. (i) Members of the board of directors may serve multiple terms. (j) A member appointed to the board of directors may be removed by the secretary for cause, stated in writing, after a hearing thereon. (k) A majority of the total voting membership of the board shall constitute a quorum for meetings. The board may act by a majority of those at any meeting where a quorum of the board is present. (l) Before assuming office, each person appointed as a member of the board of directors shall complete and file with the office of the secretary of state a statement containing the information required in a statement of substantial interest pursuant to K.S.A. 46247, and amendments thereto. (m) The board of directors shall: (1) Consult with and make a recommendation to the secretary concerning the awarding of the contract for the Kansas center for entrepreneurship; (2) make recommendations to the Kansas center for entrepreneurship regarding its policies and procedures; (3) review and evaluate the Kansas center for entrepreneurships annual report in light of this acts purpose, policy and procedures and current economic conditions, and, report its conclusions and recommendations to the secretary and the center; (4) advise the secretary regarding any matter of impropriety involving the Kansas center for entrepreneurship of which it becomes aware; and (5) carry out any other advisory or oversight function the secretary deems necessary to fulfill and further the purpose and intent of this act. Sec. 43. From and after July 1, 2011, K.S.A. 2010 Supp. 75-2935 is hereby amended to read as follows: 75-2935. The civil service of the state of Kansas is hereby divided into the unclassified and the classified services. (1) The unclassified service comprises positions held by state officers or employees who are: (a) Chosen by election or appointment to fill an elective office; (b) members of boards and commissions, heads of departments required by law to be appointed by the governor or by other elective officers, and the executive or administrative heads of offices, departments, divisions and institutions specifically established by law; (c) except as otherwise provided under this section, one personal secretary to each elective officer of this state, and in addition
(continued)
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thereto, 10 deputies, clerks or employees designated by such elective officer; (d) all employees in the office of the governor; (e) officers and employees of the senate and house of representatives of the legislature and of the legislative coordinating council and all officers and employees of the office of revisor of statutes, of the legislative research department, of the division of legislative administrative services, of the division of post audit and the legislative counsel; (f) chancellor, president, deans, administrative officers, student health service physicians, pharmacists, teaching and research personnel, health care employees and student employees in the institutions under the state board of regents, the executive officer of the board of regents and the executive officers employees other than clerical employees, and, at the discretion of the state board of regents, directors or administrative officers of departments and divisions of the institution and county extension agents, except that this subsection (1)(f) shall not be construed to include the custodial, clerical or maintenance employees, or any employees performing duties in connection with the business operations of any such institution, except administrative officers and directors; as used in this subsection (1)(f), health care employees means employees of the university of Kansas medical center who provide health care services at the university of Kansas medical center and who are medical technicians or technologists or respiratory therapists, who are licensed professional nurses or licensed practical nurses, or who are in job classes which are designated for this purpose by the chancellor of the university of Kansas upon a finding by the chancellor that such designation is required for the university of Kansas medical center to recruit or retain personnel for positions in the designated job classes; and employees of any institution under the state board of regents who are medical technologists; (g) operations, maintenance and security personnel employed to implement agreements entered into by the adjutant general and the federal national guard bureau, and officers and enlisted persons in the national guard and the naval militia; (h) persons engaged in public work for the state but employed by contractors when the performance of such contract is authorized by the legislature or other competent authority; (i) persons temporarily employed or designated by the legislature or by a legislative committee or commission or other competent authority to make or conduct a special inquiry, investigation, examination or installation; (j) officers and employees in the office of the attorney general and special counsel to state departments appointed by the attorney general, except that officers and employees of the division of the Kansas bureau of investigation shall be in the classified or unclassified service as provided in K.S.A. 75-711, and amendments thereto; (k) all employees of courts; (l) client, patient and inmate help in any state facility or institution; (m) all attorneys for boards, commissions and departments; (n) the secretary and assistant secretary of the Kansas state historical society; (o) physician specialists, dentists, dental hygienists, pharmacists, medical technologists and long term care workers employed by the department of social and rehabilitation services; (p) physician specialists, dentists and medical technologists employed by any board, commission or department or by any institution under the jurisdiction thereof; (q) student employees enrolled in public institutions of higher learning; (r) administrative officers, directors and teaching personnel of the state board of education and the state department of education and of any institution under the supervision and control of the state board of education, except that this subsection (1)(r) shall not be construed to include the custodial, clerical or maintenance employees, or any employees performing duties in connection with the business operations of any such institution, except administrative officers and directors; (s) all officers and employees in the office of the secretary of state; (t) one personal secretary and one special assistant to the following: The secretary of administration, the secretary of aging, the
secretary of agriculture, the secretary of commerce, the secretary of corrections, the secretary of health and environment, the superintendent of the Kansas highway patrol, the secretary of labor, the secretary of revenue, the secretary of social and rehabilitation services, the secretary of transportation, the secretary of wildlife and parks and the commissioner of juvenile justice; (u) one personal secretary and one special assistant to the chancellor and presidents of institutions under the state board of regents; (v) one personal secretary and one special assistant to the executive vice chancellor of the university of Kansas medical center; (w) one public information officer and one chief attorney for the following: The department of administration, the department on aging, the department of agriculture, the department of commerce, the department of corrections, the department of health and environment, the department of labor, the department of revenue, the department of social and rehabilitation services, the department of transportation, the Kansas department of wildlife and parks and the commissioner of juvenile justice; (x) civil service examination monitors; (y) one executive director, one general counsel and one director of public affairs and consumer protection in the office of the state corporation commission; (z) specifically designated by law as being in the unclassified service; (aa) all officers and employees of Kansas, Inc. and the Kansas technology enterprise corporation; (bb) any position that is classified as a position in the information resource manager job class series, that is the chief position responsible for all information resources management for a state agency, and that becomes vacant on or after the effective date of this act. Nothing in this section shall affect the classified status of any employee in the classified service who is employed on the date immediately preceding the effective date of this act in any position that is a classified position in the information resource manager job class series and the unclassified status as prescribed by this subsection shall apply only to a person appointed to any such position on or after the effective date of this act that is the chief position responsible for all information resources management for a state agency; and (cc) positions at state institutions of higher education that have been converted to unclassified positions pursuant to K.S.A. 2010 Supp. 76-715a, and amendments thereto. (2) The classified service comprises all positions now existing or hereafter created which are not included in the unclassified service. Appointments in the classified service shall be made according to merit and fitness from eligible pools which so far as practicable shall be competitive. No person shall be appointed, promoted, reduced or discharged as an officer, clerk, employee or laborer in the classified service in any manner or by any means other than those prescribed in the Kansas civil service act and the rules adopted in accordance therewith. (3) For positions involving unskilled, or semiskilled duties, the secretary of administration, as provided by law, shall establish rules and regulations concerning certifications, appointments, layoffs and reemployment which may be different from the rules and regulations established concerning these processes for other positions in the classified service. (4) Officers authorized by law to make appointments to positions in the unclassified service, and appointing officers of departments or institutions whose employees are exempt from the provisions of the Kansas civil service act because of the constitutional status of such departments or institutions shall be permitted to make appointments from appropriate pools of eligibles maintained by the division of personnel services. Sec. 44. From and after July 1, 2011, K.S.A. 75-2935b is hereby amended to read as follows: 75-2935b. Salaries and other compensation of all persons who are within the unclassified service of the Kansas civil service act, and which salaries and other compensation are not fixed by statute, shall be subject to the approval of the governor and such salaries or other compensation shall not be paid until approved by the governor. The provisions of this section shall not apply to the salaries and other compensation of any officer or employee when such salary or other compensation is specifically prescribed by law, nor to officers and employees of elected state
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officials, officers and employees under the jurisdiction of the state board of regents, the executive secretary and other employees of the Kansas public employees retirement system that are in the unclassified service as specified under K.S.A. 74-4908, and amendments thereto, officers and employees of Kansas, Inc. and the Kansas technology enterprise corporation, officers and employees under the jurisdiction of the supreme court, legislative officers and employees or officers and employees of any agency performing functions and duties primarily for the legislative branch. Sec. 45. From and after July 1, 2011, K.S.A. 75-3208 is hereby amended to read as follows: 75-3208. (a) Except as provided in subsection (e) or (f) or as otherwise authorized or provided by statute, no claim for expenses for any trip made beyond the borders of the state by any appointive state officer or employee shall be paid by the state unless the trip has been approved as provided by this section. (b) Except as otherwise prescribed by a majority of the justices of the supreme court, authority to grant written approval for any such trip by an officer or employee of the judicial branch, or any agency thereof, is vested in the judicial administrator or the judicial administrators designee. (c) Except as otherwise authorized or provided by statute, authority to grant approval for any such trip by a legislator or an officer or employee of an agency of the legislative branch is vested with the legislative coordinating council or an individual authorized by the legislative coordinating council to grant written approval in the case of any such trip by an officer or employee of an agency of the legislative branch. (d) Except as otherwise prescribed by the officer, board or commission that appointed an agency head, authority to grant written approval for any such trip by an officer or employee of the executive branch is vested in such officers or employees agency head or the agency heads designee. (e) In cases involving such a trip by an agency head or by appointive members of a board, commission or similar body that appoints an agency head, no approval shall be required unless the appointing authority of the agency head or the members of the board, commission or similar body, as the case may be, requires such approval by the appointing authority. (f) Such approval shall not be required for the payment of any claim for expenses 50% or more of which are paid from moneys
received from the Kansas technology enterprise corporation, federal agencies or other external sources. (g) As used in this section, agency head means the chief administrative officer of a state agency or state institution. Sec. 46. From and after July 1, 2011, K.S.A. 76-770 is hereby amended to read as follows: 76-770. (a) Each contract entered into by a state educational institution for the acquisition of goods or services for a research and development activity shall be exempt from the provisions of K.S.A. 75-3739 through 75-3744, and amendments thereto if the contract is financed 50% or more by moneys received from the Kansas technology enterprise corporation, federal agencies or other external sources. (b) Nothing contained in article 32 of chapter 75 of the Kansas Statutes Annotated shall be construed to limit or prescribe the conduct of any in-state or out-of-state travel or to limit expense allowances for such travel which is undertaken for and funded as a part of any research and development activity of a state educational institution if such expense is funded 50% or more by moneys received from the Kansas technology enterprise corporation, federal agencies or other external sources. The provisions of K.S.A. 753208, and amendments thereto shall not apply to any such travel. (c) As used in this section: (1) Research and development activity means any center of excellence at a state educational institution, any research or development project or activity at the state educational institution funded under a research matching grant program of the Kansas technology enterprise corporation department of commerce, or any other sponsored research project at a state educational institution; and (2) state educational institution means a state educational institution as defined by K.S.A. 76-711, and amendments thereto. Sec. 47. From and after July 1, 2011, K.S.A. 74-5001a, 74-5050, 74-8102, 74-8103, 74-8105, 74-8106, 74-8107, 74-8108, 74-8108a, 748109, 74-8110, 74-8111, 74-8316, 74-8317, 74-8318, 74-8319, 74-8401, 75-2935b, 75-3208 and 76-770 and K.S.A. 2010 Supp. 74-520a, 745005, 74-50,133, 74-50,151, 74-50,156, 74-8101, 74-8104, 74-8131, 748132, 74-8133, 74-8134, 74-8135, 74-8136, 74-99b03, 74-99b09, 7499b63, 74-99b66, 74-99c03 and 75-2935 are hereby repealed. Sec. 48. K.S.A. 2010 Supp 74-99b04 is hereby repealed. Sec. 49. This act shall take effect and be in force from and after its publication in the Kansas register.
4-10-4 4-10-4a through 4-10-4f 4-10-5a 4-10-6 4-10-6a 4-10-6b 4-10-7 4-10-10 4-10-15 4-10-16 4-10-17 4-13-2 4-13-3 4-13-9 4-13-14 4-13-16 4-13-17 4-13-18 4-13-20 4-13-21 4-13-22 4-13-23 4-13-24 4-13-25 4-13-25b through 4-13-25h 4-13-25i 4-13-25j 4-13-25k 4-13-25l 4-13-25m 4-13-30 Revoked New Amended Revoked New New Amended New Revoked Amended Revoked Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked Amended Amended Amended Amended Revoked Amended Amended Amended New Amended V. 29, p. 256 V. 29, p. 256-258 V. 29, p. 258 V. 29, p. 259 V. 29, p. 259 V. 29, p. 259 V. 29, p. 259 V. 29, p. 260 V. 29, p. 260 V. 29, p. 260 V. 29, p. 261 V. 29, p. 69 V. 29, p. 69 V. 29, p. 71 V. 29, p. 71 V. 29, p. 71 V. 29, p. 72 V. 29, p. 72 V. 29, p. 72 V. 29, p. 72 V. 29, p. 72 V. 29, p. 72 V. 29, p. 72 V. 29, p. 1242 V. 29, p. 1243-1245 V. 29, p. 1246 V. 29, p. 1246 V. 29, p. 1246 V. 29, p. 1247 V. 29, p. 1247 V. 29, p. 72
AGENCY 1: DEPARTMENT OF ADMINISTRATION Reg. No. 1-16-8 1-16-15 1-16-18 1-16-18a 1-16-20 1-65-1 1-66-1 1-66-2 1-66-3 1-67-1 1-67-2 1-67-3 1-68-1 1-68-2 Action Amended Amended Amended Amended Amended New New New New New New New New New Register V. 29, p. 676 V. 29, p. 677 V. 29, p. 677 V. 29, p. 678 V. 29, p. 680 V. 30, p. 44 V. 30, p. 44 V. 30, p. 45 V. 30, p. 45 V. 30, p. 45 V. 30, p. 45 V. 30, p. 45 V. 30, p. 45 V. 30, p. 46
AGENCY 3: KANSAS STATE TREASURER Reg. No. 3-3-2 3-3-2 Action Amended (T) Amended Register V. 29, p. 702 V. 30, p. 9
AGENCY 4: DEPARTMENT OF AGRICULTURE Reg. No. 4-1-2 4-1-5 4-1-6 4-1-8 4-1-9 4-1-9a 4-1-9b 4-1-11 4-1-13 4-1-14 4-1-17 4-3-47 4-3-47 4-3-48 4-3-50 4-7-213 4-7-716 4-10-1 4-10-1a 4-10-1b 4-10-2a through 4-10-2d 4-10-2e 4-10-2f through 4-10-2k Action Amended Amended Revoked Revoked Amended New New Revoked Amended Amended Amended Amended (T) Amended Revoked Amended Amended Amended Amended New New Revoked Amended Revoked Register V. 30, p. 635 V. 30, p. 635 V. 30, p. 636 V. 30, p. 636 V. 30, p. 636 V. 30, p. 636 V. 30, p. 637 V. 30, p. 637 V. 30, p. 637 V. 30, p. 637 V. 30, p. 638 V. 30, p. 25 V. 30, p. 411 V. 30, p. 411 V. 30, p. 411 V. 29, p. 1023 V. 29, p. 1023 V. 29, p. 254 V. 29, p. 255 V. 29, p. 255 V. 29, p. 255 V. 29, p. 255 V. 29, p. 256
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4-13-33 4-13-62 4-27-1 through 4-27-22 4-28-1 4-28-2 4-28-8 4-28-11 4-28-12 4-28-18 through 4-28-30 Amended Amended New Amended Amended Amended Amended Amended New V. 29, p. 73 V. 29, p. 73 V. 29, p. 706-720 V. 29, p. 720 V. 29, p. 720 V. 29, p. 721 V. 29, p. 722 V. 29, p. 722 V. 29, p. 723-725 16-11-7 16-11-8
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Amended Amended V. 29, p. 1816 V. 29, p. 1816 AGENCY 19: GOVERNMENTAL ETHICS COMMISSION Reg. No. 19-6-1 19-22-1 19-23-1 19-30-4 Reg. No. 22-1-1 22-1-2 22-1-3 22-8-13 22-10-3 22-11-6 22-11-8 22-15-7 22-18-3 Reg. No. 26-39-100 26-39-101 26-39-105 26-40-301 through 26-40-305 Action Amended Amended Amended Revoked Action Amended Amended Amended Amended Amended Revoked Amended Revoked Amended Action Amended Amended Amended New Register V. 29, p. 112 V. 30, p. 92 V. 30, p. 92 V. 30, p. 92 Register V. 30, p. 46 V. 30, p. 46 V. 30, p. 46 V. 30, p. 47 V. 30, p. 47 V. 30, p. 48 V. 30, p. 48 V. 30, p. 49 V. 30, p. 49 Register V. 29, p. 1772 V. 29, p. 1775 V. 29, p. 1777 V. 29, p. 1777-1793 28-21-22a 28-21-23a 28-21-24a 28-21-25a 28-21-26a 28-21-27a 28-21-28a 28-21-29a 28-21-30a 28-21-31a 28-21-32a 28-21-33a 28-21-34a 28-21-35a 28-21-40a 28-21-41a 28-21-42a 28-21-43a 28-21-44a 28-21-50a 28-21-51a 28-21-52a 28-21-53a 28-21-54a 28-21-55a 28-21-56a 28-21-57a 28-21-58a 28-21-59a 28-21-60a 28-21-61a 28-21-62a 28-21-63 28-21-64 28-21-70a 28-21-71a 28-21-72a 28-21-82 through 28-21-85 28-23-4 28-23-9 28-23-10 28-23-20 through 28-23-24 28-23-26 through 28-23-32 28-23-34 through 28-23-36 28-23-41 through 28-23-55 28-23-70 28-23-71 28-23-73 28-23-75 28-23-78 through 28-23-80 28-31-1 28-31-2 28-31-3 28-31-4 28-31-5 28-31-6 28-31-7 28-31-8 28-31-8b 28-31-9 28-31-10 28-31-12 28-31-13 28-31-14 28-31-15 28-31-16 28-31-100 28-31-100a 28-31-100d 28-31-100e 28-31-100f 28-31-100p 28-31-100q
Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Amended Revoked Amended Revoked Revoked Revoked Revoked Amended Amended Amended Revoked Revoked Revoked New New New New New New New V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, 29, p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. p. 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726 726
AGENCY 5: DEPARTMENT OF AGRICULTUREDIVISION OF WATER RESOURCES Reg. No. Action Register 5-1-4 Amended V. 29, p. 652 5-1-9 Amended V. 29, p. 653 5-3-23 Amended (T) V. 29, p. 1338 5-3-23 Amended V. 29, p. 1598 5-4-1 Amended V. 29, p. 1476 5-4-1a New V. 29, p. 1477 5-7-1 Amended V. 29, p. 653 5-17-2 Amended V. 29, p. 654 5-21-4 Amended V. 30, p. 369 5-22-7 Amended V. 29, p. 596 5-25-5 Amended V. 29, p. 1598 5-25-15 Amended V. 29, p. 654 AGENCY 7: SECRETARY OF STATE Reg. No. Action Register 7-16-1 Amended (T) V. 29, p. 1115 7-16-1 Amended V. 29, p. 1281 AGENCY 9: ANIMAL HEALTH DEPARTMENT Reg. No. Action Register 9-7-4 Amended (T) V. 29, p. 703 9-7-4 Amended V. 29, p. 1336 9-27-1 Amended V. 29, p. 1337 AGENCY 14: DEPARTMENT OF REVENUE DIVISION OF ALCOHOLIC BEVERAGE CONTROL 14-6-2a Revoked V. 29, p. 1306 14-6-3 Revoked V. 29, p. 1306 14-6-4 Amended V. 29, p. 1306 14-11-1 New V. 29, p. 1307 14-11-4 New V. 29, p. 1307 14-11-5 Amended V. 29, p. 1307 14-11-6 Amended V. 29, p. 1307 14-11-7 Amended V. 29, p. 1307 14-11-9 Amended V. 29, p. 1307 14-11-10a Revoked V. 29, p. 1307 14-11-10b Revoked V. 29, p. 1308 14-11-10d Revoked V. 29, p. 1308 14-11-11 Revoked V. 29, p. 1633 14-11-14 Revoked V. 29, p. 1308 14-11-15 Amended V. 29, p. 1308 14-11-16 Amended V. 29, p. 1308 14-11-22 New V. 29, p. 1633 14-11-23 through 14-11-29 New V. 29, P. 1308-1310 14-11-27 Revoked V. 29, p. 1730 14-16-25 New V. 29, p. 1310 14-19-27 Amended V. 29, p. 1310 14-19-38 New V. 29, p. 1311 14-19-39 New V. 29, p. 1311 14-20-29 Amended V. 29, p. 1311 14-20-40 New V. 29, p. 1312 14-20-41 New V. 29, p. 1312 14-21-12 Amended V. 29, p. 1313 14-21-21 New V. 29, p. 1313 14-21-22 New V. 29, p. 1313 14-23-2 Amended V. 29, p. 1314 14-23-5 Amended V. 29, p. 1314 14-23-8 Amended V. 29, p. 1314 14-23-10 Amended V. 29, p. 1315 14-24-1 through 14-24-6 Revoked V. 29, p. 1315 AGENCY 16: KANSAS ATTORNEY GENERAL Reg. No. Action Register 16-11-1 through 16-11-5 Amended V. 29, p. 1813-1815 16-11-6 Revoked V. 29, p. 1816
AGENCY 28: DEPARTMENT OF HEALTH AND ENVIRONMENT Reg. No. 28-1-27 28-1-30 28-1-31 28-1-32 28-4-92 28-4-92 28-4-370 through 28-4-379 28-4-503 28-4-505 28-4-514 28-4-520 28-4-521 28-4-1300 through 28-4-1318 28-16-28g 28-19-200a 28-19-202 28-19-325 28-19-350 28-19-517 28-19-645a 28-19-712 28-19-712a through 28-19-712d 28-19-713 28-19-713a through 28-19-713d 28-19-720 28-19-728 28-19-728a through 28-19-728f 28-19-735 28-19-750 28-19-750a 28-21-1 28-21-6 28-21-7 28-21-8 28-21-9 28-21-10 28-21-11 28-21-20a 28-21-21a Action New New New New Amended (T) Amended Revoked Amended Amended Amended New New New Amended New Amended New Amended Amended New (T) New New New New Amended Revoked Revoked Amended Amended Amended Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Register V. 30, p. 111 V. 30, p. 369 V. 30, p. 370 V. 30, p. 370 V. 29, p. 1348 V. 29, p. 1705 V. 29, p. 1024 V. 29, p. 1662 V. 29, p. 1662 V. 29, p. 1663 V. 29, p. 1663 V. 29, p. 1663 V. 29, p. 1024-1032 V. 29, p. 181 V. 29, p. 1634 V. 29, p. 1509 V. 29, p. 1634 V. 29, p. 1635 V. 29, p. 1510 V. 30, p. 232 V. 29, p. 866 V. 29, p. 867 V. 29, p. 867 V. 29, p. 867, 868 V. 29, p. 1510 V. 29, p. 1511 V. 29, p. 1511 V. 29, p. 1511 V. 29, p. 1511 V. 29, p. 1511 V. 29, p. 725 V. 29, p. 725 V. 29, p. 725 V. 29, p. 725 V. 29, p. 725 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726 V. 29, p. 726
Vol. 30, No. 22, June 2, 2011
28-31-100r 28-31-100s 28-31-124 28-31-124a 28-31-124b 28-31-124c 28-31-124d 28-31-124e 28-31-260 28-31-260a 28-31-261 28-31-261a 28-31-262 28-31-262a 28-31-263 28-31-263a 28-31-264 28-31-264a 28-31-265 28-31-265a 28-31-266 28-31-267 28-31-267a 28-31-268 28-31-270 28-31-270a 28-31-273 28-31-279 28-31-279a 28-35-135l 28-35-135t 28-35-135w 28-35-175a 28-35-178b 28-35-178e 28-35-178j 28-35-180b 28-35-181a 28-35-181e 28-35-181j 28-35-181m 28-35-181o 28-35-192b 28-35-192c 28-35-192d 28-35-192e 28-35-192g 28-35-194a 28-35-212a 28-35-216a 28-35-225b 28-35-231c 28-35-242 28-35-264 28-35-334 28-35-346 28-35-411 28-36-30 28-36-31 28-36-70 through 28-36-89 28-36-101 through 28-36-109 28-39-162 28-39-162a 28-39-162b 28-39-162c 28-43-1 through 28-43-11 28-46-1 28-46-2a 28-46-3 through 28-46-22 28-46-27 28-46-28 28-46-29 28-46-29a 28-46-30 28-46-30a 28-46-30b 28-46-31 New New New New New New New New New New New New New New New New New New New New New New New New New New New New New Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked Amended Amended Amended Amended Amended Revoked Amended Amended Amended Amended Amended New Amended Amended Amended Amended Amended Amended Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Revoked Amended Amended Amended Amended Amended Amended New Amended New New Amended V. 30, p. 420 V. 30, p. 421 V. 30, p. 422 V. 30, p. 423 V. 30, p. 423 V. 30, p. 423 V. 30, p. 424 V. 30, p. 424 V. 30, p. 425 V. 30, p. 426 V. 30, p. 426 V. 30, p. 427 V. 30, p. 427 V. 30, p. 427 V. 30, p. 428 V. 30, p. 429 V. 30, p. 429 V. 30, p. 431 V. 30, p. 432 V. 30, p. 433 V. 30, p. 433 V. 30, p. 434 V. 30, p. 434 V. 30, p. 434 V. 30, p. 434 V. 30, p. 435 V. 30, p. 436 V. 30, p. 436 V. 30, p. 437 V. 30, p. 195 V. 30, p. 196 V. 30, p. 197 V. 30, p. 198 V. 30, p. 198 V. 30, p. 200 V. 30, p. 201 V. 30, p. 201 V. 30, p. 203 V. 30, p. 203 V. 30, p. 203 V. 30, p. 204 V. 30, p. 205 V. 30, p. 206 V. 30, p. 206 V. 30, p. 207 V. 30, p. 207 V. 30, p. 207 V. 30, p. 207 V. 30, p. 208 V. 30, p. 209 V. 30, p. 210 V. 30, p. 210 V. 30, p. 210 V. 30, P. 210 V. 30, p. 211 V. 30, p. 212 V. 30, p. 212 V. 29, p. 727 V. 29, p. 727 V. 29, p. 727 V. 29, p. 727 V. 29, p. 1777 V. 29, p. 1777 V. 29, p. 1777 V. 29, p. 1777 V. 29, p. 1137 V. 29, p. 1138 V. 29, p. 1138 V. 29, p. 1139-1141 V. 29, p. 1141 V. 29, p. 1141 V. 29, p. 1141 V. 29, p. 1142 V. 29, p. 1142 V. 29, p. 1142 V. 29, p. 1144 V. 29, p. 1144
Kansas Register
28-46-33 28-46-34 28-46-35 28-46-40 28-46-41 28-46-44 28-46-45 28-53-1 28-53-2 28-53-4 28-61-1 28-61-2 28-61-3 28-61-4 28-61-5 28-61-8 28-72-1 28-72-1a 28-72-1c 28-72-1d 28-72-1e 28-72-1g 28-72-1h 28-72-1i 28-72-1k 28-72-1l 28-72-1m 28-72-1n 28-72-1o 28-72-1p 28-72-1r 28-72-1s 28-72-1t 28-72-1v 28-72-1x 28-72-2 28-72-3 28-72-4 28-72-4a 28-72-4b 28-72-4c 28-72-5 28-72-6 28-72-6a 28-72-7 28-72-7a 28-72-8 28-72-9 28-72-10 28-72-10a 28-72-11 28-72-12 28-72-13 28-72-14 28-72-15 28-72-16 28-72-17 28-72-18 28-72-18a 28-72-18b 28-72-18c 28-72-18d 28-72-18e 28-72-19 28-72-20 28-72-21 28-72-22 28-72-51 28-72-52 28-72-53 Amended Amended Amended Amended Amended Amended New Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked New New New New New New New New New New New New New New New New New New Amended Amended Amended Amended Revoked Amended Amended Amended New Amended New Amended Amended Amended New Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended V. 29, p. 1144 V. 29, p. 1145 V. 29, p. 1145 V. 29, p. 1145 V. 29, p. 1145 V. 29, p. 1145 V. 29, p. 1145 V. 30, p. 463 V. 30, p. 463 V. 30, p. 463 V. 29, p. 419 V. 30, p. 336 V. 30, p. 337 V. 30, p. 337 V. 29, p. 420 V. 29, p. 422 V. 29, p. 357 V. 29, p. 357 V. 29, p. 357 V. 29, p. 358 V. 29, p. 358 V. 29, p. 358 V. 29, p. 358 V. 29, p. 359 V. 29, p. 359 V. 29, p. 359 V. 29, p. 360 V. 29, p. 360 V. 29, p. 360 V. 29, p. 360 V. 29, p. 361 V. 29, p. 361 V. 29, p. 361 V. 29, p. 361 V. 29, p. 361 V. 29, p. 361 V. 29, p. 362 V. 29, p. 362 V. 29, p. 366 V. 29, p. 368 V. 29, p. 368 V. 29, p. 369 V. 29, p. 370 V. 29, p. 371 V. 29, p. 373 V. 29, p. 373 V. 29, p. 374 V. 29, p. 375 V. 29, p. 376 V. 29, p. 377 V. 29, p. 378 V. 29, p. 378 V. 29, p. 379 V. 29, p. 379 V. 29, p. 380 V. 29, p. 380 V. 29, p. 381 V. 29, p. 382 V. 29, p. 383 V. 29, p. 384 V. 29, p. 384 V. 29, p. 385 V. 29, p. 386 V. 29, p. 387 V. 29, p. 387 V. 29, p. 387 V. 29, p. 388 V. 29, p. 388 V. 29, p. 389 V. 29, p. 389 36-39-6 36-42-1 through 36-42-9 Amended New
709
V. 29, p. 1416 V. 29, p. 502-504
AGENCY 40: KANSAS INSURANCE DEPARTMENT Reg. No. 40-1-37 40-1-48 40-3-33 40-3-43 40-4-43 40-7-26 40-7-27 40-9-23 40-10-16 Action Amended Amended Revoked Amended New New New New New Register V. 30, p. 193 V. 29, p. 1752 V. 30, p. 232 V. 29, p. 1337 V. 29, p. 703 V. 29, p. 1752 V. 29, p. 1753 V. 29, p. 1813 V. 30, p. 556
New
V. 29, p. 675, 676
AGENCY 66: BOARD OF TECHNICAL PROFESSIONS Reg. No. 66-8-6 66-10-1 66-12-1 66-14-10 Reg. No. 68-1-1b 68-2-22 68-7-11 68-7-21 68-20-10a 68-20-24 68-20-25 68-20-26 68-20-27 68-20-28 68-20-29 Action Amended Amended Amended Amended Action Amended Amended Amended New Amended New (T) New (T) New (T) New (T) New (T) New (T) Register V. 29, p. 794 V. 29, p. 794 V. 29, p. 794 V. 29, p. 794 Register V. 29, p. 465 V. 30, p. 537 V. 29, p. 1053 V. 29, p. 465 V. 30, p. 538 V. 30, p. 357 V. 30, p. 357 V. 30, p. 357 V. 30, p. 357 V. 30, p. 635 V. 30, p. 635
AGENCY 36: DEPARTMENT OF TRANSPORTATION Reg. No. 36-39-2 36-39-2 36-39-4 36-39-4 36-39-6 Action Amended (T) Amended Amended (T) Amended Amended (T) Register V. 29, p. 1090 V. 29, p. 1416 V. 29, p. 1091 V. 29, p. 1416 V. 29, p. 1091
(continued)
Vol. 30, No. 22, June 2, 2011
710
68-21-1 through 68-21-7 68-21-2 Reg. No. 71-5-1 through 71-5-6 71-5-7 through 71-5-13 Reg. No. 74-4-8 74-4-9 74-5-2 74-5-101 74-5-202 74-5-203 74-6-2 74-11-6 74-11-7 74-12-1 74-15-2 82-17-1 through 82-17-5
Kansas Register
New Amended Action V. 29, p. 1417-1420 V. 30, p. 370 Register New Action Amended Amended Amended Amended V. 29, p. 1136, 1137 Register V. 29, p. 1415 V. 30, p. 193 V. 29, p. 408 V. 30, p. 194 105-5-3 105-5-3 105-5-6 105-5-6 105-5-7 105-5-7 105-5-8 105-5-8 105-11-1 105-11-1
Amended (T) Amended Amended (T) Amended Amended (T) Amended Amended (T) Amended Amended (T) Amended V. 29, V. 29, V. 29, V. 29, V. 29, V. 29, V. 29, V. 29, V. 29, V. 29, p. p. p. p. p. p. p. p. p. p. 1339 1506 1339 1506 1339 1507 1340 1507 1340 1507
AGENCY 109: BOARD OF EMERGENCY MEDICAL SERVICES Reg. No. 109-1-1a 109-1-1a 109-5-1 109-5-1 109-5-1a 109-5-1a 109-5-1b 109-5-1b 109-5-1d 109-5-1d 109-5-1e 109-5-1e 109-5-1f 109-5-1f 109-5-3 109-5-4 109-5-7a 109-5-7a 109-5-7b 109-5-7b 109-5-7d 109-5-7d 109-6-1 109-6-2 109-8-1 109-8-1 109-10-1a 109-10-1a 109-10-1b 109-10-1b 109-10-1d 109-10-1d 109-10-1e 109-10-1e 109-10-1f 109-10-1f 109-10-1g 109-10-1g 109-10-6 109-10-6 109-10-7 109-11-1 109-11-1a 109-11-1a 109-11-3 109-11-3a 109-11-3a 109-11-4 109-11-6 109-11-6a 109-11-6a 109-15-2 Reg. No. 110-4-1 through 110-4-5 110-21-1 through 110-21-5 Action New (T) New Amended (T) Amended New (T) New New (T) New New (T) New New (T) New New (T) New Amended Revoked New (T) New New (T) New New (T) New Amended Amended Amended (T) Amended New (T) New New (T) New New (T) New New (T) New New (T) New New (T) New Amended (T) Amended New Amended New (T) New Amended New (T) New Amended Amended New (T) New Amended Action Register V. 30, p. 138 V. 30, p. 573 V. 30, p. 138 V. 30, p. 573 V. 30, p. 139 V. 30, p. 574 V. 30, p. 139 V. 30, p. 574 V. 30, p. 139 V. 30, p. 574 V. 30, p. 139 V. 30, p. 574 V. 30, p. 139 V. 30, p. 574 V. 29, p. 1282 V. 29, p. 113 V. 30, p. 139 V. 30, p. 574 V. 30, p. 140 V. 30, p. 575 V. 30, p. 141 V. 30, p. 576 V. 29, p. 113 V. 29, p. 113 V. 30, p. 141 V. 30, p. 576 V. 30, p. 141 V. 30, p. 577 V. 30, p. 142 V. 30, p. 577 V. 30, p. 142 V. 30, p. 577 V. 30, p. 142 V. 30, p. 577 V. 30, p. 142 V. 30, p. 577 V. 30, p. 142 V. 30, p. 578 V. 30, p. 143 V. 30, p. 578 V. 29, p. 113 V. 29, p. 1283 V. 30, p. 143 V. 30, p. 578 V. 29, p. 1284 V. 30, p. 144 V. 30, p. 579 V. 29, p. 1284 V. 29, p. 1285 V. 30, p. 144 V. 30, p. 579 V. 29, p. 1285 Register
AGENCY 82: STATE CORPORATION COMMISSION Reg. No. 82-1-219 82-3-101a 82-3-311a 82-3-1100 through 82-3-1120 82-4-2 82-4-3a 82-4-3d 82-4-3f 82-4-3n 82-4-3o 82-4-6a 82-4-8h 82-4-21 82-4-22 82-4-23 82-4-24a 82-4-26 82-4-26a 82-4-27 82-4-27a 82-4-27c 82-4-27e 82-4-28 82-4-28a 82-4-28b 82-4-30a 82-4-30a 82-4-31 82-4-32 82-4-33 82-4-35 82-4-35a 82-4-37 82-4-40 82-4-42 82-4-48 82-4-48a 82-4-53 82-4-54 82-4-55 82-4-56a 82-4-57 82-4-58 82-4-62 82-4-63 82-4-65 82-4-77 82-16-1 through 82-16-6 Action Amended New New New Amended Amended Amended Amended New New Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked Revoked Revoked Amended (T) Amended Revoked Amended Amended Amended Amended Revoked Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Revoked Amended Amended Amended New Register V. 29, p. 1099 V. 29, p. 1508 V. 29, p. 181 V. 29, p. 182-190 V. 29, p. 1443 V. 29, p. 1443 V. 29, p. 1444 V. 29, p. 1390 V. 29, p. 1444 V. 29, p. 1445 V. 29, p. 1446 V. 29, p. 1446 V. 29, p. 1446 V. 29, p. 1446 V. 29, p. 1447 V. 29, p. 1447 V. 29, p. 1447 V. 29, p. 1447 V. 29, p. 1447 V. 29, p. 1448 V. 29, p. 1448 V. 29, p. 1449 V. 29, p. 1449 V. 29, p. 1449 V. 29, p. 1449 V. 29, p. 702 V. 29, p. 1392 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1450 V. 29, p. 1451 V. 29, p. 1451 V. 29, p. 1451 V. 29, p. 1452 V. 29, p. 1452 V. 29, p. 1452 V. 29, p. 1453 V. 29, p. 1453 V. 29, p. 1453 V. 29, p. 1453 V. 29, p. 1453 V. 29, p. 1454 V. 29, p. 1598-1601
Revoked New
V. 29, p. 1478, 1479 V. 29, p. 1479-1485
New
V. 29, p. 252-254
AGENCY 105: BOARD OF INDIGENTS DEFENSE SERVICES Reg. No. 105-4-1 105-4-1 105-5-2 105-5-2 Action Amended (T) Amended Amended (T) Amended Register V. 29, p. 1338 V. 29, p. 1506 V. 29, p. 1339 V. 29, p. 1506
Amended New
V. 30, p. 25-27 V. 30, p. 411-413
Vol. 30, No. 22, June 2, 2011
AGENCY 111: KANSAS LOTTERY A complete index listing all regulations filed by the Kansas Lottery from 1988 through 2000 can be found in the Vol. 19, No. 52, December 28, 2000 Kansas Register. A list of regulations filed from 2001 through 2003 can be found in the Vol. 22, No. 52, December 25, 2003 Kansas Register. A list of regulations filed from 2004 through 2005 can be found in the Vol. 24, No. 52, December 29, 2005 Kansas Register. A list of regulations filed from 2006 through 2007 can be found in the Vol. 26, No. 52, December 27, 2007 Kansas Register. A list of regulations filed from 2008 through November 2009 can be found in the Vol. 28, No. 53, December 31, 2009 Kansas Register. The following regulations were filed after December 1, 2009: Reg. No. Action Register 111-2-30 111-2-230 111-2-231 111-2-232 111-2-233 111-2-234 111-2-235 through 111-2-240 111-2-241 111-2-242 111-2-243 through 111-2-248 111-2-247 111-2-248 111-2-249 through 111-2-252 111-2-249 111-2-253 111-2-254 111-2-255 111-4-2899 through 111-4-2907 111-4-2908 through 111-4-2911 111-4-2911a 111-4-2912 through 111-4-2923 111-4-2924 through 111-4-2930 111-4-2931 through 111-4-2938 111-4-2939 through 111-4-2948 111-4-2949 through 111-4-2984 111-4-2949 through 111-4-2984 111-4-2985 through 111-4-2988 111-4-2989 111-4-2990 111-4-2991 111-4-2992 through 111-4-3011 111-4-3012 through 111-4-3022 111-4-3023 through 111-4-3027 111-4-3028 through 111-4-3031 111-4-3032 through 111-4-3045 Amended Amended Amended Amended Amended New New New New New Amended Amended New Amended New New Amended New New New New New New New New New New New New New New New New New New V. V. V. V. V. V. 29, 30, 30, 29, 29, 29, p. p. p. p. p. p. 215 232 233 215 215 746
Kansas Register
111-4-3046 through 111-4-3054 111-5-175 through 111-5-179 111-5-180 through 111-5-194 111-5-181 111-5-184 111-5-186 111-5-194 111-7-243 through 111-7-248 111-9-162 111-9-163 111-9-164 111-9-165 111-9-166 111-9-167 111-9-168 111-9-169 111-9-170 111-15-1 111-15-3 111-201-1 through 111-201-17 111-301-1 through 111-301-6 111-301-7 through 111-301-12 111-301-13 through 111-301-20 111-302-1 through 111-302-6 111-302-4 111-303-1 through 111-303-5 111-304-1 through 111-304-6 111-305-1 through 111-305-6 111-306-1 through 111-306-6 111-306-4 111-306-6 111-307-1 through 111-307-7 111-308-1 through 111-308-7 111-309-1 through 111-309-6 111-310-1 through 111-310-6 111-311-1 through 111-311-7 111-312-1 through 111-312-8 111-312-6 111-312-8 New New New Amended Amended Amended Amended New New New New New New New New New New Amended Amended New New New New New Amended New New New New Amended Amended New New New New New New Amended Amended V. 30, p. 358-364 V. 29, p. 157-159 V. 29, p. 222-228 V. 29, p. 1522 V. 29, p. 1523 V. 29, p. 1524 V. 29, p. 1525 V. 30, p. 259, 260 V. 29, p. 229 V. 29, p. 229 V. 29, p. 230 V. 29, p. 769 V. 29, p. 1184 V. 29, p. 1526 V. 29, p. 1526 V. 29, p. 1527 V. 30, p. 261 V. 30, p. 238 V. 30, p. 365 V. 29, p. 73-79 V. 29, p. 79, 80 V. 30, p. 244-248 V. 30, p. 366-368 V. 29, p. 82-86 V. 30, p. 249 V. 29, p. 87-89 V. 29, p. 89-91 V. 29, p. 474, 475 V. 29, p. 1185-1187 V. 29, p.1260 V. 29, p. 1219 V. 29, p. 1189-1191 V. 29, p. 1261-1263 V. 29, p. 1528-1530 V. 29, p. 1530-1532 V. 29, p. 1532-1535 V. 30, p. 239, 240 V. 30, p. 368 V. 30, p. 368 112-103-4 112-103-5 112-103-8 112-103-15 112-104-1 112-104-8 112-104-13 112-104-14 112-104-15 112-104-16 112-104-32 112-105-1 112-105-2 112-105-3 112-106-1 112-106-2 112-106-5 112-106-6 112-107-3 112-107-5 112-107-10 112-107-21 112-107-22 112-108-18 112-108-36 112-108-55 112-110-3 112-112-1 112-112-3 112-112-4 112-112-7 112-112-9 Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended
711
V. 30, p. 292 V. 30, p. 292 V. 30, p. 292 V. 30, p. 292 V. 30, p. 293 V. 30, p. 294 V. 30, p. 295 V. 30, p. 297 V. 30, p. 297 V. 30, p. 298 V. 30, p. 300 V. 30, p. 301 V. 30, p. 301 V. 30, p. 301 V. 30, p. 301 V. 30, p. 303 V. 30, p. 303 V. 30, p. 304 V. 30, p. 304 V. 30, p. 307 V. 30, p. 308 V. 30, p. 309 V. 30, p. 310 V. 30, p. 311 V. 30, p. 312 V. 30, p. 313 V. 30, p. 313 V. 30, p. 314 V. 30, p. 314 V. 30, p. 314 V. 30, p. 315 V. 30, p. 315
V. 29, p. 1214, 1215 V. 29, p. 1247 V. 29, p. 1247 V. 29, p. 1512, 1513 V. 30, p. 233 V. 30, p. 233 V. 30, p. 233, 234 V. 30, p. 357 V. 30, p. 241 V. 30, p. 241 V. 30, p. 358 V. 29, p. 9-14 V. 29, p. 149-152 V. 29, p. 152 V. 29, p. 153-157 V. 29, p. 216-222 V. 29, p. 467-473 V. 29, p. 569-575 V. 29, p. 746-769 V. 29, p. 746-769 V. 29, p. 1180-1183 V. 29, p. 1216 V. 29, p. 1217 V. 29, p. 1218 V. 29, p. 1248-1259 V. 29, p. 1513-1522 V. 30, p. 234-237 V. 30, p. 241-243 V. 30, p. 249-258
AGENCY 112: RACING AND GAMING COMMISSION Reg. No. 112-101-6 112-102-8 112-103-2 Action Amended Amended Amended Register V. 30, p. 290 V. 30, p. 290 V. 30, p. 291
AGENCY 129: KANSAS HEALTH POLICY AUTHORITY Reg. No. 129-5-118 129-5-118a Action Amended New Register V. 29, p. 293 V. 29, p. 294
(continued)
Vol. 30, No. 22, June 2, 2011
712
129-5-118b 129-10-31 Amended New V. 29, p. 296 V. 30, p. 92 130-1-3 130-1-3 130-1-4 130-3-1 130-3-1 130-4-1 130-4-1 130-4-2
Kansas Register
New (T) New Amended New (T) New New (T) New New (T) V. 29, p. 38 V. 29, p. 567 V. 29, p. 567 V. 29, p. 38 V. 29, p. 568 V. 29, p. 39 V. 29, p. 794 V. 29, p. 39 130-4-2 130-5-2
New New V. 29, p. 794 V. 29, p. 569
AGENCY 130: HOME INSPECTORS REGISTRATION BOARD Reg. No. Action Register 130-1-2 New (T) V. 29, p. 38 130-1-2 New V. 29, p. 567
Vol. 30, No. 22, June 2, 2011
Kansas Register
Vol. 30, No. 23 June 9, 2011 Pages 715-856
In this issue . . .
Page
State Board of Indigents Defense Services Notice of continued proration ..................................................................................................... 716 Legislative Administrative Services Request for proposals for lease of laser printers ........................................................................... 716 Kansas WorkforceONE Request for comments on LWIB Strategic and Operational Plan.................................................... 716 Pooled Money Investment Board Notice of investment rates........................................................................................................... 716 Department of AdministrationDivision of Accounts and Reports Public notice............................................................................................................................... 717 Department of AdministrationDivision of Facilities Management Notices of requested engineering services .................................................................................... 717 Department of AdministrationDivision of Purchases Notice to bidders for state purchases ........................................................................................... 717 Kansas Department of Transportation Notices of public auction ............................................................................................................ 718 City of Almena Notice of intent to seek private placement of general obligation bonds.......................................... 719 Kansas Development Finance Authority Notice of hearing on proposed revenue bonds ............................................................................. 719 Kansas Board of Regents Universities Notice to bidders ........................................................................................................................ 719 Department of Health and Environment Notice of hearing on the Kansas Public Water Supply Loan Fund ................................................. 720 Notice concerning water pollution control permits/applications .................................................... 720 Wildlife and Parks Commission Notice of hearing on proposed administrative regulations ............................................................ 722 Permanent Administrative Regulations Kansas Insurance Department ..................................................................................................... 722 New State Laws House Bill 2182, concerning health and health care...................................................................... 723 Senate Substitute for House Bill 2014, making and concerning appropriations............................. 755 Governors line-item veto message ........................................................................................... 849 Index to administrative regulations ................................................................................................ 851
716
State of Kansas
Kansas Register
Notices
Board of Indigents Defense Services

Notice of Continued Proration The State Board of Indigents Defense Services must continue payment of assigned counsel claims at the prorated amount of $62 per hour through fiscal year 2012 due to the lack of available funds. The reduced hourly rate will enable the agency to process and pay assigned counsel claims through fiscal year 2012. This notice of proration to $62 per hour begins July 1, 2011 and ends June 30, 2012. The anticipated savings of this action is $4,980,000. Patricia A. Scalia Executive Director
Doc. No. 039478
Kansas WorkforceONE
Request for Comments The Local Area I Workforce Investment Board (LWIB) invites comments on Program Year 2011-2012 Two-Year Strategic and Operational Plan. Comments must be received by 5 p.m. June 30. The plan may be accessed at www.kansasworkforceone.org or obtained by calling the LWIB office at (785) 493-8018. Comments may be submitted by e-mail to info@la1lwib.org. Deb Scheibler Program Director
Doc. No. 039474
State of Kansas
State of Kansas

Notice of Investment Rates The following rates are published in accordance with K.S.A. 75-4210. These rates and their uses are defined in K.S.A. 2010 Supp. 12-1675(b)(c)(d) and K.S.A. 2010 Supp. 12-1675a(g). Effective 6-6-11 through 6-12-11 Term Rate 1-89 days 0.10% 3 months 0.05% 6 months 0.11% 1 year 0.22% 18 months 0.31% 2 years 0.43% Scott Miller Director of Investments
Doc. No. 039468
Legislative Administrative Services

Request for Proposals Legislative Computer Services announces the release of a request for proposals by the Legislative Coordinating Council to acquire laser printers and multifunction printers, setup, implementation and maintenance services via lease agreement. Vendors interested in receiving a request for proposal should contact Dave Larson, Legislative Computer Services, Room 63-W, State Capitol, 300 S.W. 10th Ave., Topeka, 66612, (785) 296-5566, or Dave.Larson@las.ks.gov. Completed proposals must be received not later than 2 p.m. July 8. Jeffrey M. Russell Director of Legislative Administrative Services
Doc. No. 039482
Vol. 30, No. 23, June 9, 2011
Notices
State of Kansas
Kansas Register
State of Kansas
717

Public Notice Under requirements of K.S.A. 2010 Supp. 65-34,117(c), records of the Division of Accounts and Reports show the unobligated balances are $3,318,323.56 in the Underground Petroleum Storage Tank Release Trust Fund and $3,753,340.17 in the Aboveground Petroleum Storage Tank Release Trust Fund at May 31, 2011. Dennis Taylor Secretary of Administration
Doc. No. 039477

06/20/2011 EVT0000563 Bakery Products 06/21/2011 EVT0000708 Vending Services (SA, MP, OT Counties) 06/22/2011 EVT0000713 Fabric Covered Steel Buildings 07/19/2011 EVT0000709 Research Assistance (RA) Services
State of Kansas

Notice of Requested On-Call Engineering Services Notice is hereby given of the commencement of the selection process for on-call engineering services for streambank stabilization and restoration projects for the Kansas Department of Agriculture, Division of Conservation. Up to four firms may be selected. The services will include project site surveys, stabilization and restoration design, project construction oversight, and project checkout. Examples of the primary project work areas include the Delaware and Cottonwood rivers in Kansas with other project areas possible. Contracts will be for three years. For more information, contact Rob Reschke at (785) 296-5101. Interested parties must be familiar with Natural Resources Conservation Service (NRCS) practice standards and practice statements of work for conservation practice 580 (Streambank and Shoreline Protection), 322 (Channel Bank Vegetation) and 484 (Mulching). Interested parties also must be able to show extensive experience of providing the services described above on river systems in Kansas. To be considered, one (1) .pdf file and one (1) bound proposal of the following should be provided: State of Kansas Professional Qualifications forms (051-054 inclusive) and information regarding similar projects. State of Kansas Professional Qualifications form 050 for each firm and consultant should be provided at the end. Proposals should be less than 5 MB and follow the current State Building Advisory Commission guidelines in Chapter 4 of the Building Design and Construction Manual at www.da.ks.gov/fp/manual.htm. Planning forms are available to firms at www.da.ks.gov/fp/ or by contacting Phyllis Fast, Division of Facilities Management, Suite 600 South, Landon State Office Building, 900 S.W. Jackson, Topeka, 66612, (785) 296-5796, or Phyllis.Fast@da.ks.gov. Submittals shall be delivered to the attention of Phyllis Fast before noon June 24. Marilyn L. Jacobson, Director Division of Facilities Management
Doc. No. 039470
Doc. No. 039485
State of Kansas

Notice of Requested On-Call Engineering Services Notice is hereby given of the commencement of the selection process for on-call mechanical-electrical-plumbing engineering services for small projects for Pittsburg State University. Contracts will be for three years. For more information, contact Paul Stewart at (620) 235-4130. Firms interested in providing these services should be familiar with the requirements of Chapter 9 of the Building Design and Construction Manual at the Web site below. To be considered, one (1) .pdf file and one (1) bound proposal of the following should be provided: State of Kansas Professional Qualifications forms (051-054 inclusive) and information regarding similar projects. State of Kansas Professional Qualifications form 050 for each firm and consultant should be provided at the end. Proposals should be less than 5 MB and follow the current State Building Advisory Commission guidelines in Chapter 4 of the Building Design and Construction Manual at www.da.ks.gov/fp/manual.htm. Planning forms are available to firms at www.da.ks.gov/fp/ or by contacting Phyllis Fast, Division of Facilities Management, Suite 600 South, Landon State Office Building, 900 S.W. Jackson, Topeka, 66612, (785) 296-5796, or Phyllis.Fast@da.ks.gov. Submittals shall be delivered to the attention of Phyllis Fast before noon June 24. Marilyn L. Jacobson, Director Division of Facilities Management
Doc. No. 039481
Vol. 30, No. 23, June 9, 2011
718
State of Kansas
Kansas Register
State of Kansas
Notices
Notice of Public Auction The Kansas Secretary of Transportation will offer for sale at public auction at 5:30 p.m. July 11 at site the following tract of land: Tract 9349-2 6,365 sq. ft. in Elwood, Kansas A tract of land in Lots 10, 11, 12, Block 191, City of Elwood, Doniphan County, Kansas A complete legal description available on request. The minimum acceptable bid is $545. An inspection of property will take place at 4 p.m. on the day of sale. In case of inclement weather, call (877) 461-6817 after 3 p.m. on the day of sale to confirm sale location. Terms of Sale: A cashiers check for $545, representing the minimum acceptable bid, is due at the time of the sale. The successful bidder will receive a bill of sale on the day of the sale and a quit claim deed within 60 days after the sale date. The seller reserves the right to reject any and all bids and is not responsible for accidents. No further bids will be entertained or any offers considered after the formal bidding is called to a close. For additional terms and information, contact the Bureau of Right of Way at (877) 461-6817. Sold Subject to the Following: The tract will be sold subject to the easement for the right of ingress and egress, reconstruction and maintenance of all existing utilities and appurtenances thereto, as well as the following restrictive covenant: Grantees, for their heirs and assigns, do hereby covenant and agree, said covenant to run with the land, that the land conveyed herein shall not be used for billboards, signboards or other outdoor advertising purposes. The prospective buyer is encouraged to research the chain of title of the tract. The Kansas Department of Transportation makes no representations concerning the condition, value or suitability of use for this property or the improvements, attachments, fixtures, apparatuses and appliances thereof, if any. The property and said improvements, etc., will be sold in the present as is condition, without warranties or guarantees of any kind. The Kansas Department of Transportation ensures the acceptance of any bid pursuant to this notice will be without discrimination on the grounds of sex, race, color, religion, physical handicap or national origin. Deb Miller Secretary of Transportation
Doc. No. 039483
Notice of Public Auction The Kansas Secretary of Transportation will offer for sale at public auction at 5:30 p.m. July 12 at site the following tract of land: Tract 9008-16b and 2332-38b 10.77 acres, Marion County Along US-56 approximately 5 miles north of Lincolnville, Kansas, northeast corner of intersection of US-56 and 340th Road, SW/4 Section 13-17s-4e A complete legal description available on request. The minimum acceptable bid is $9,430. An inspection of property will take place at 4:30 p.m. on the day of sale. In case of inclement weather, call (877) 461-6817 after 3 p.m. on the day of sale to confirm sale location. Terms of Sale: A cashiers check for $943 representing 10 percent of the minimum acceptable bid is due at the time of the sale. The balance of the purchase price must be paid by cashiers check before 3 p.m. August 12, 2011. The successful bidder will receive a bill of sale on the day of the sale and a quit claim deed after the balance is paid. If the balance of the purchase price is not paid before 3 p.m. August 12, 2011, the 10 percent down payment will be forfeited to the seller. The seller reserves the right to reject any and all bids and is not responsible for accidents. No further bids will be entertained or any offers considered after the formal bidding is called to a close. For additional terms and information, contact the Bureau of Right of Way at (877) 461-6817. Sold Subject to the Following: The tract will be sold subject to the easement for the right of ingress and egress, reconstruction and maintenance of all existing utilities and appurtenances thereto, as well as the following restrictive covenant: Grantees, for their heirs and assigns, do hereby covenant and agree, said covenant to run with the land, that the land conveyed herein shall not be used for billboards, signboards or other outdoor advertising purposes. The prospective buyer is encouraged to research the chain of title of the tract. The Kansas Department of Transportation makes no representations concerning the condition, value or suitability of use for this property or the improvements, attachments, fixtures, apparatuses and appliances thereof, if any. The property and said improvements, etc., will be sold in the present as is condition, without warranties or guarantees of any kind. The Kansas Department of Transportation ensures the acceptance of any bid pursuant to this notice will be without discrimination on the grounds of sex, race, color, religion, physical handicap or national origin. Deb Miller Secretary of Transportation
Doc. No. 039484
Vol. 30, No. 23, June 9, 2011
Notices
Kansas Register
City of Almena, Kansas
719
Notice of Intent to Seek Private Placement $35,000 General Obligation Bonds Series 2011 Notice is hereby given that the city of Almena, Kansas (the issuer), proposes to seek a private placement of the above-referenced bonds. The principal amount of the bonds is $35,000. The proposed sale of the bonds is in all respects subject to approval of a bond purchase agreement between the issuer and the purchaser of the bonds and the passage of an ordinance and adoption of a resolution by the governing body of the issuer authorizing the issuance of the bonds and the execution of various documents necessary to deliver the bonds. Twila Ingram City Clerk
Doc. No. 039473
ten comments previously filed with the KDFA at its offices at 555 S. Kansas Ave., Suite 202, Topeka, 66603, will be considered. Additional information regarding the project may be obtained by contacting the KDFA. Tim Shallenburger President
Doc. No. 039476
State of Kansas

State of Kansas

Notice of Hearing A public hearing will be conducted at 9 a.m. Thursday, June 23, in the offices of the Kansas Development Finance Authority, 555 S. Kansas Ave., Suite 202, Topeka, on the proposal for the KDFA to issue its Agricultural Development Revenue Bonds for the project numbered below in the respective maximum principal amount. The bond will be issued to assist the borrower named below (who will be the owner and operator of the project) to finance the cost in the amount of the bond, which is then typically purchased by a lender bank who then, through the KDFA, loans the bond proceeds to the borrower for the purposes of acquiring the project. The project shall be located as shown:
Project No. 000808Maximum Principal Amount: $104,060.91. Owner/Operator: Joshua F. and Kelli M. Massie. Description: Acquisition of 80 acres of agricultural land and related improvements and equipment to be used by the owner/operator for farming purposes. The project is being financed by the lender for Joshua F. and Kelli M. Massie and is located at the East Half of the Southwest Quarter of Section 6, Noble Township, Marshall County, Kansas, approximately 1 mile north of Frankfort on Highway 99 and 4 miles east on Highway 9.
The bond, when issued, will be a limited obligation of the KDFA and will not constitute a general obligation or indebtedness of the state of Kansas or any political subdivision thereof, including the KDFA, nor will it be an indebtedness for which the faith and credit and taxing powers of the state of Kansas are pledged. The bond will be payable solely from amounts received from the respective borrower, the obligation of which will be sufficient to pay the principal of, interest and redemption premium, if any, on the bond when it becomes due. All individuals who appear at the hearing will be given an opportunity to express their views concerning the proposal to issue the bond to finance the project, and all writ-
Doc. No. 038494
Vol. 30, No. 23, June 9, 2011
720
State of Kansas
Kansas Register
Notice of Hearing
Hearing/Notice
Name and Address Legal Receiving of Applicant Description Water Schulze Farms, LLC NW/4 of Section 11, Upper Republican Brian Schulze T02S, R24W, River Basin 7191 Road W6 Norton County Norton, KS 67654 Kansas Permit No. A-URNT-B012 This is a new permit for an expanding confined feeding operation with a maximum capacity of 400 head (200 animal units) of cattle weighing 700 pounds or less. Modifications include the construction of open lot pens, a sediment basin, and a vegetative treatment area. Name and Address Legal Receiving of Applicant Description Water Bar D Cattle Company NW/4 of Section 05, Lower Arkansas David Kielhorn T35S, R05E, Cowley River Basin 31302 131st Road County Arkansas City, KS 67005 Kansas Permit No. A-ARCL-B002 This is a new permit for an existing facility for 980 head (490 animal units) of cattle weighing 700 pounds or less. The facility consists of approximately 2.6 acres of open lot pens, two diversions and a twocell earthen retention structure. Proposed modifications include the removal of the berm between the two cells of the structure. Name and Address Legal Receiving of Applicant Description Water Seaboard Foods, LP Parts of Sections 21, Cimarron River Breeding #3, 4, 5, 6 and 7 27, 28, 29 & 33, Basin Don Owens T31S, R40W, 2801 Hurliman Road Morton County Guymon, OK 73942 Kansas Permit No. A-CIMT-H001 Federal Permit No. KS0091341 This is a permit modification and reissuance for the construction of an evaporation basin at an existing swine facility. The existing capacity is 37,850 head (15,140 animal units) of swine weighing more than 55 pounds each and 39,460 head (3,946 animal units) of swine weighing 55 pounds or less each, for a total of 19,086 animal units of swine. The capacity will be unchanged by the modification. This facility has an approved nutrient management plan on file with KDHE. Name and Address Legal Receiving of Applicant Description Water SCA New Look 2 W/2 of Section 21, Upper Republican Steven Cox Associates, LLC T01S, R20W, River Basin 504 W. 1500 Road Phillips County Long Island, KS 67647 Kansas Permit No. A-URPL-S010 This permit is being reissued for an existing facility with a maximum capacity of 2,190 head (876 animal units) of swine more than 55 pounds 1,150 head (115 animal units) of swine 55 pounds or less, for a total of 3,340 head (991 animal units) of swine. There is no change in the permitted animal units from the previous permit. Name and Address Legal Receiving of Applicant Description Water Erickson Farms SW/4 of Section 11, Solomon River Keith Erickson T02S, R20W, Basin 1197 W. Iron Road Phillips County Prairie View, KS 67664 Kansas Permit No. A-SOPL-B007 This permit is being reissued for an existing facility with a maximum capacity of 230 head (115 animal units) of cattle 700 pounds or less. There is no change in the permitted animal unit capacity from the previous permit.
A public hearing will be conducted at 2 p.m. Tuesday, July 12, in the Azure Conference Room, fourth floor, Curtis State Office Building, 1000 S.W. Jackson, Topeka, to discuss the Kansas Public Water Supply Loan Fund (KPWSLF) 2012 Intended Use Plan (IUP). This plan will describe how the KPWSLF intends to use available funds as well as implement prevailing wage rate requirements, green project reserve requirements, additional subsidy in the form of principal forgiveness, and reduced loan interest rates. Copies of the IUP can be obtained online, after June 15, at http://www.kdheks.gov/pws/loan/2012 IUP draft.pdf. Any individual with a disability may request accommodation to participate in the public hearing. Requests for accommodation should be made at least five working days before the hearing by contacting Linda White at (785) 296-5514. Comments can be presented at the hearing or in writing prior to the hearing. Written comments should be addressed to Linda White, Bureau of Water, KDHE, 1000 S.W. Jackson, Suite 420, Topeka, 66612. Robert Moser, M.D. Secretary of Health and Environment
Doc. No. 039479
State of Kansas

Public Notice No. KS-Q-11-045/048 The requirements of the draft permits public noticed below are pursuant to the Kansas Surface Water Quality
Vol. 30, No. 23, June 9, 2011
Notice
Kansas Register
721
Standards, K.A.R. 28-16-28(b-f), and Federal Surface Water Criteria:

Name and Address Receiving Type of of Applicant Stream Discharge Buzzi Unicem USA Verdigris River via Pit Dewatering & 1765 Limestone Lane Rock Creek via Stormwater Independence, KS 67301 Unnamed Tributary Runoff Kansas Permit No. I-VE23-PO06 Federal Permit No. KS0100200 Legal Description: NE14, S4 and NW14, S5, T33S, R16E, Montgomery County Facility Name: Independence Quarry Facility Description The proposed action consists of issuance of a new permit for portions of an existing facility. This site contains a cement distribution terminal and an inactive limestone rock quarry. This permit is for the reactivation and separation of the limestone quarry operation from the previous permit. A covered vehicle maintenance shop also exists on-site. Outfalls 001, 002 and 003 consist of pit drainage, which discharges by gravity and stormwater runoff that is treated by several sedimentation ponds, before discharging. The proposed permit contains generic water-quality language to protect waters of the State. Receiving Type of Stream Discharge West Branch of the Stormwater Whitewater River Runoff via Unnamed Tributary Kansas Permit No. I-WA04-PO02 Federal Permit No. KS0092959 Legal Description: E12, NW14, SE14, S9, T26S, R3E, Butler County Facility Name: DRISCO L.L.C. - Benton Coke Storage Facility Facility Location: 1250 N. Main, Benton, KS 67017 Facility Description The proposed action consists of a reissuance of an existing Kansas/NPDES Water Pollution Control permit for an existing facility. This facility will store, crush and size coke. Outfall 001A1 consists of stormwater runoff from the storage, processing and loading area. No process or domestic wastewater will be generated at the site. Solids settling is provided within the diked storage, processing and loading areas, followed by a stormwater detention basin designed to retain 150% of a 100-year precipitation event (8 inches). This facility rarely discharges. The proposed permit includes generic water-quality language to protect waters of the state. Name and Address Receiving Type of of Applicant Stream Discharge MGP Ingredients, Inc. Missouri River via Process P.O. Box 130 White Clay Creek Wastewater Atchison, KS 66002 Kansas Permit No. I-MO01-PO16 Federal Permit No. KS0100269 Legal Description: NW14, S1, T6S, R20E, Atchison County Facility Description: The proposed action consists of modification of the existing Kansas/NPDES Water Pollution Control Permit for an existing facility. The current facility permit includes a schedule of compliance to construct a permittee-proposed cooling tower to replace the once-through cooling water to resolve color and toxicity issues in the existing discharge. This permit will modify and replace the existing permit upon startup of the new cooling towers and discontinuation of the once-through cooling water system. The flow treated and discharged from the biological activated sludge treatment system via Outfall 001B1 will increase from 0.769 to 1.03 MGD while the cooling water blowdown will decrease from 3.79 MDG to 0.12 MGD. City water will be used as the new cooling tower make-up water source. The proposed permit contains limits for biochemical oxygen demand, total suspended solids, and whole effluent toxicity, as well as monitoring of total phosphorus, total residual chlorine, pH, temperature and effluent flow. Contained in the permit is a schedule of compliance requiring the permittee to conduct a study to reduce phosphorus concentrations in the effluent discharge and to notify KDHE in writing when the once-through cooling water flow is discontinued. Name and Address of Applicant DRISCO L.L.C. 7001 River Ridge Drive Ponca City, OK 74604
Name and Address Receiving Type of of Applicant Stream Discharge Whitaker Companies Caney River via Pit Dewatering 121-2600 Road Otter Creek via and Stormwater Savonburg, KS 66772 Unnamed Tributary Runoff Kansas Permit No. I-VE42-PO01 Federal Permit No. KS0090301 Legal Description: E12, S8, W12, S16, E12, S17, E12, S20, W12, S21, NW14, S28 and E12, S29, T32S, R8E, Cowley County Facility Description: The proposed action consists of reissuing an existing permit for discharge of wastewater during quarry operations. This facility is a limestone crushing and rock washing operation. Outfall 001A1 consists of treated washwater and pit drainage and stormwater runoff. Outfalls 002A1, 003A1 and 004A1 consist of stormwater runoff only. The proposed permit contains limits for total suspended solids and includes generic water-quality language to protect waters of the state.
Persons wishing to comment on the draft documents and/or permit applications must submit their comments in writing to the Kansas Department of Health and Environment if they wish to have the comments considered in the decision-making process. Comments should be submitted to the attention of the Livestock Waste Management Section for agricultural-related draft documents or applications, or to the Technical Services Section for all other permits, at the Kansas Department of Health and Environment, Division of Environment, Bureau of Water, 1000 S.W. Jackson, Suite 420, Topeka, 66612-1367. All comments regarding the draft documents or application notices received on or before July 9 will be considered in the formulation of the final determinations regarding this public notice. Please refer to the appropriate Kansas document number (KS-AG-11-092/096, KS-Q-11045/048) and name of the applicant/permittee when preparing comments. After review of any comments received during the public notice period, the Secretary of Health and Environment will issue a determination regarding final agency action on each draft document/application. If response to any draft document/application indicates significant public interest, a public hearing may be held in conformance with K.A.R. 28-16-61 (28-46-21 for UIC). All draft documents/applications and the supporting information including any comments received are on file and may be inspected at the offices of the Kansas Department of Health and Environment, Bureau of Water. These documents are available upon request at the copying cost assessed by KDHE. Application information and components of plans and specifications for all new and expanding swine facilities are available on the Internet at http://www.kdheks.gov/feedlots. Division of Environment offices are open from 8 a.m. to 5 p.m. Monday through Friday, excluding holidays. Robert Moser, M.D. Secretary of Health and Environment
Doc. No. 039480
Vol. 30, No. 23, June 9, 2011
722
State of Kansas
Kansas Register
Hearing/Regulations
A public hearing will be conducted by the Wildlife and Parks Commission at 7 p.m. Thursday, August 11, at the Wetlands Education Center, 592 N.E. K-156 Highway, Great Bend, to consider the approval and adoption of proposed regulations of the Kansas Department of Wildlife and Parks. A general discussion and workshop meeting on business of the Wildlife and Parks Commission will begin at 1:30 p.m. August 11 at the location listed above. The meeting will recess at 5:30 p.m., then resume at 7 p.m. at the same location for more business and the regulatory hearing. There will be public comment periods at the beginning of the afternoon and evening meetings for any issues not on the agenda, and additional comment periods will be available during the meeting on agenda items. Old and new business also may be discussed at this time. If necessary to complete business matters, the commission will reconvene at 9 a.m. August 12 at the same location. Any individual with a disability may request accommodation in order to participate in the public meeting and may request the meeting materials in an accessible format. Requests for accommodation should be made at least five working days in advance of the meeting by contacting Sheila Kemmis, commission secretary, at (620) 672-5911. Persons with a hearing impairment may call the Kansas Commission for the Deaf and Hard of Hearing at (800) 432-0698 to request special accommodations. This 60-day notice period prior to the hearing constitutes a public comment period for the purpose of receiving written public comments on the proposed administrative regulations. All interested parties may submit written comments prior to the hearing to the chairman of the commission, Kansas Department of Wildlife and Parks, 1020 S. Kansas Ave., Suite 200, Topeka, 66612, or to sheila.kemmis@ksoutdoors.com if electronically. All interested parties will be given a reasonable opportunity at the hearing to express their views orally in regard to the adoption of the proposed regulations. During the hearing, all written and oral comments submitted by interested parties will be considered by the commission as a basis for approving, amending and approving, or rejecting the proposed regulations. The regulations that will be heard during the regulatory hearing portion of the meeting are as follows: K.A.R. 115-16-3. This permanent regulation establishes the application, provisions and requirements for nuisance bird control permits. The proposed amendments would add and remove birds from the nuisance list and require the use of nontoxic shot and bullets. Economic Impact Summary: The proposed amendments are not anticipated to have any appreciable negative economic impact on the department, other agencies, small businesses or the public. K.A.R. 115-2-3a. This permanent regulation establishes fees for department cabins. The regulation is proposed for revocation.
Economic Impact Summary: The proposed revocation is not anticipated to have any appreciable negative economic impact on the department, other agencies, small businesses or the public. K.A.R. 115-8-13. This permanent regulation establishes authorized operation for motor vehicles on department lands and waters. The proposed amendments would allow certain motor vehicles onto ice-covered department waters for the purpose of ice fishing. Economic Impact Summary: The proposed amendments are not anticipated to have any appreciable negative economic impact on the department, other agencies, small businesses or the public. Copies of the complete text of the regulations and their respective economic impact statements may be obtained by writing the chairman of the commission at the address above, electronically on the departments Web site at www.kdwp.state.ks.us, or by calling (785) 296-2281. Kelly Johnston Chairman
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State of Kansas

Permanent Administrative Regulations Article 1.GENERAL 40-1-22. Insurance policies and certificates; change of name or merger of an insurance company; assumption of risk endorsements. (a) Each assuming company shall attach to each insurance policy and each certificate of accident and sickness coverage an assumption of risk endorsement that displays the name and address of the assuming company when any outstanding insurance policy or certificate of accident and sickness coverage issued to a resident of Kansas is affected by any of the following: (1) A change in the name of the issuing company; (2) a merger, consolidation, or similar transaction involving the issuing company; (3) a change of domicile in which policy liability is assumed by another company; or (4) an assumption reinsurance agreement. (b) The assumption of risk endorsement shall be approved by the commissioner of insurance before issuance to residents of the state of Kansas. (c) Each assumption of risk endorsement originating from an assumption reinsurance agreement shall meet the following requirements: (1) Not require the insured to take affirmative action to reject the substitution of one insurer for another; and (2) not state that failure to reject the substitution or the continued payment of premium will constitute acceptance of the substitution. (Authorized by K.S.A. 40-103; implementing K.S.A. 2010 Supp. 40-221a, K.S.A. 2010 Supp. 40-309, and K.S.A. 40-510; effective Jan. 1, 1967; amended May 1, 1979; amended May 1, 1986; amended March 28, 1994; amended June 24, 2011.) Sandy Praeger Kansas Insurance Commissioner
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Vol. 30, No. 23, June 9, 2011
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Secretary of State
HOUSE BILL No. 2182

AN ACT concerning health and health care; providers thereof; health safety requirements; amending K.S.A. 16-1602, 40-2250, 65-1113, 651114, 65-1118, 65-1120, as amended by section 236 of 2011 House Bill No. 2339, 65-1122, 65-1130, 65-1131, 65-1133, 65-1154, 65-1163, 651424, 65-1425, 65-6102, 65-6110, 65-6126, 65-6132, 65-6133, 74-32,131, 74-32,132, 74-32,133, 74-32,134, 74-32,135, 74-32,136, 74-32,137 and 74-32,138 and K.S.A. 2010 Supp. 8-1,125, 21-4010, 39-7,119, 40-2,111, 65-468, 65-1117, 65-1132, 65-1435, 65-1436, 65-1626, 65-1669, 65-1671, 65-2901, 65-2913, 65-2921, 65-4101, 65-5402, 65-6112, 65-6112, as amended by section 82 of this act, 65-6119, 65-6120, 65-6120, as amended by section 83 of this act, 65-6121, 65-6121, as amended by section 84 of this act, 65-6123, 65-6123, as amended by section 85 of this act, 65-6124, 65-6124, as amended by section 86 of this act, 656129, 65-6129c, 65-6135, 65-6144, 65-6144, as amended by section 91 of this act, 72-5213, 72-8252, 74-1106, 75-5664 and 75-5665 and section 2, section 3, section 4, section 7, section 8, section 9 and section 10 of chapter 45 of the 2010 Session Laws of Kansas and repealing the existing sections; also repealing K.S.A. 65-4970, 65-4972 and 65-4973 and K.S.A. 2010 Supp. 65-1626d and 65-4971. Be it enacted by the Legislature of the State of Kansas: New Section 1. (a) Sections 1 though 6, and amendments thereto, shall be known and may be cited as the pharmacy audit integrity act. (b) This section shall take effect on and after July 1, 2011. New Sec. 2. (a) As used in this act, pharmacy benefits manager or PBM means a person, business or other entity that performs pharmacy benefits management. The term includes a person or entity acting for a PBM in contractual or employment relationship in the performance of pharmacy benefits management for a managed care company, notfor-profit hospital or medical service organization, insurance company, third-party payor or health program administered by the state board of pharmacy. (b) This section shall take effect on and after July 1, 2011. New Sec. 3. (a) The entity conducting the audit shall follow the following procedures: (1) An entity conducting an on-site audit must give the pharmacy at least seven days written notice before conducting an initial audit; (2) an audit that involves clinical or professional judgment must be conducted by or in consultation with a licensed pharmacist; (3) the period covered by the audit may not exceed two years from the date that the claim was submitted to or adjudicated by the entity; (4) the pharmacy may request an extension not to exceed seven days from the date of an originally scheduled on-site audit; (5) the pharmacy may use the records of a hospital, physician or other authorized practitioner to validate the pharmacy record; (6) any legal prescription, in compliance with the requirements of the state board of pharmacy, may be used to validate claims in connection with prescriptions, refills or changes in prescriptions; (7) each pharmacy shall be audited under the same standards and parameters as other similarly situated pharmacies; and (8) the entity conducting the audit must establish a written appeals process. (b) The entity conducting the audit shall also comply with the following requirements: (1) A finding of overpayment or underpayment must be based on the actual overpayment or underpayment and not a projection based on the number of patients served having a similar diagnosis or on the number of similar orders or refills for similar drugs;
(2) the entity conducting the audit shall not use extrapolation in calculating the recoupments or penalties for audits, unless required by state or federal contracts; (3) the auditing company or agent may not receive payment based on a percentage of the amount recovered, unless required by contracts; and (4) interest may not accrue during the audit period. (c) This section shall take effect on and after July 1, 2011. New Sec. 4. (a) Any preliminary audit report must be delivered to the pharmacy within 60 days after the conclusion of the audit. Any pharmacy shall be allowed at least 30 days following receipt of the preliminary audit to provide documentation to address any discrepancy found in the audit. Any final audit report shall be delivered to the pharmacy within 120 days after receipt of the preliminary audit report or final appeal, whichever is later. (b) Recoupment of any disputed funds or repayment of funds to the entity by the pharmacy, if permitted pursuant to contracts, shall occur, to the extent demonstrated or documented in the pharmacy audit findings, after final internal disposition of the audit including the appeals process. If the identified discrepancy for an individual audit exceeds $20,000, any future payments to the pharmacy may be withheld pending finalization of the audit. Unless otherwise required by the federal or state law, any audit information may not be shared. Auditors shall only have access to previous audit reports on a particular pharmacy conducted by that same entity. (c) This section shall take effect on and after July 1, 2011. New Sec. 5. (a) Any auditing entity, upon request of the plan sponsor, shall provide a copy of the final report, including the disclosure of any money recouped in the audit. The pharmacy may provide a copy of the report to the commissioner of insurance, provided such report shall not contain any personally identifiable health information in violation of the provisions of the health insurance portability and accountability act of 1996 (Pub. L. No. 104-191). (b) This section shall take effect on and after July 1, 2011. New Sec. 6. (a) This act shall apply to contracts between an auditing entity and a pharmacy entered into, extended or renewed on or after the effective date of this act. This act shall not apply to any audit, review or investigation that is initiated based upon suspected or alleged fraud, willful misrepresentation or abuse. (b) This section shall take effect on and after July 1, 2011. New Sec. 7. (a) A resident of this state has the right to purchase health insurance or refuse to purchase health insurance. The government shall not interfere with a residents right to purchase health insurance or with a residents right to refuse to purchase health insurance. (b) A resident of this state has the right to enter into a private contract with health care providers for lawful health care services. The government shall not interfere with a residents right to purchase lawful health care services. (c) A person or employer may pay directly for lawful health care services and shall not be required to pay penalties or fines for paying directly for lawful health care services. A health care provider may accept direct payment for lawful health care services and shall not be required to pay penalties or fines for accepting direct payment from a person or employer for lawful health care services. (d) No state agency, board, commission or any other governmental entity shall require an agreement to participate in medicare, medicaid or any other insurance plan, health care system or health information technology or benefit exchange as a condition for original application or renewal of license, registration or certification for a health care provider. (e) No state agency, board, commission or any other governmental entity shall prohibit participation in a health information organization for any health information technology or benefit exchange purposes by a health care provider based on whether such health care provider participates in medicare, medicaid or any other insurance plans or health care systems. (f) The government shall not enact a law that would restrict these rights or that would impose a form of punishment for exercising these rights. No provision of this section shall render a resident of this state liable for any punishment, penalty, assessment, fee or fine as a result of such residents failure to procure or obtain health insurance coverage or participate in any health care system or plan. (g) As used in this section: (1) Direct payment or pay directly means payment for lawful health care services without a public or private third party, not including an employer, paying for any portion of the service. (continued)
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(2) Health care provider shall have the meaning provided in K.S.A. 40-3401, and amendments thereto. (3) Health care system means any public or private entity whose function or purpose is the management of, processing of, enrollment of individuals for or payment for, in full or in part, health care services or health care data or health care information for its participants. (4) Lawful health care services means any health-related service or treatment to the extent that the service or treatment is permitted or not prohibited by law or regulation that may be provided by persons or businesses otherwise permitted to offer such services. (5) Penalties or fines means any civil or criminal penalty or fine, tax, salary or wage withholding or surcharge or any named fee with a similar effect established by law or rule by a government established, created or controlled agency that is used to punish or discourage the exercise of rights protected under this section. (h) This section shall be known and may be cited as the health care freedom act. (i) This section shall take effect on and after July 1, 2011. Sec. 8. On July 1, 2011, K.S.A. 2010 Supp. 65-1669 is hereby amended to read as follows: 65-1669. As used in the utilization of unused medications act: (a) Adult care home has the same meaning as such term is defined in K.S.A. 39-923, and amendments thereto. (b) Community mental health center has the same meaning as such term is defined in K.S.A. 75-3307c, and amendments thereto. (c) Donating entities means adult care homes, mail service pharmacies and medical care facilities who elect to participate in the program. (d) Drug has the same meaning as such term is defined in K.S.A. 65-1626, and amendments thereto. (e) Federally qualified health center means a center which meets the requirements for federal funding under 42 U.S.C. section 1396d(1) of the public health service act, and amendments thereto, and which has been designated as a federally qualified health center by the federal government. (f) Indigent health care clinic has the same meaning as such term is defined in K.S.A. 75-6102, and amendments thereto. (g) Mail service pharmacy means a licensed Kansas pharmacy located within the state that ships, mails or delivers by any lawful means a lawfully dispensed medication in tamper-resistant packaging to residents of this state or another state. (h) Medical care facility has the same meaning as such term is defined in K.S.A. 65-425, and amendments thereto. (i) Medically indigent has the same meaning as such term is defined in K.S.A. 75-6102, and amendments thereto. (j) Medication means a prescription drug or drug as defined by this section. (k) Mid-level practitioner has the same meaning as such term is defined in K.S.A. 65-1626, and amendments thereto. (l) Practitioner has the same meaning as such term is defined in K.S.A. 65-1626, and amendments thereto. (m) Prescription drug means a drug which may be dispensed only upon prescription of a practitioner or mid-level practitioner authorized by law and which is approved for safety and effectiveness as a prescription drug under section 505 or 507 of the federal food, drug and cosmetic act (52 Stat. 1040 (1938), 21 U.S.C.A., section 301), and amendments thereto. (n) Qualifying center or clinic means an indigent health care clinic, federally qualified health center or community mental health center. Sec. 9. On July 1, 2011, K.S.A. 2010 Supp. 65-1671 is hereby amended to read as follows: 65-1671. The following criteria shall be used in accepting unused medications for use under the utilization of unused medications act: (a) The medications shall have come from a controlled storage unit of a donating entity; (b) only medications in their original or pharmacist sealed unit dose packaging or hermetically sealed by the pharmacy in tamper evident packaging, unit of use or sealed, unused injectables shall be accepted and dispensed pursuant to the utilization of unused medications act; (c) expired medications shall not be accepted; (d) a medication shall not be accepted or dispensed if the person accepting or dispensing the medication has reason to believe that the medication is adulterated; (e) no controlled substances shall be accepted; and (f) subject to the limitation specified in this section, unused medications dispensed for purposes of a medical assistance program or drug
product donation program may be accepted and dispensed under the utilization of unused medications act. Sec. 10. On July 1, 2011, section 2 of chapter 45 of the 2010 Session Laws of Kansas is hereby amended to read as follows: Sec. 2. As used in the addictions counselor licensure act: (a) Board means the behavioral sciences regulatory board created under K.S.A. 74-7501, and amendments thereto. (b) Addiction counseling means the utilization of special skills to assist persons with addictions, and to assist such persons families and friends to achieve resolution of addiction through the exploration of the disease and its ramifications, the examination of attitudes and feelings, the consideration of alternative solutions and decision making, as these relate specifically to addiction. Evaluation and assessment, treatment including treatment plan development, ease management, crisis intervention, referral, record keeping and clinical consultation specifically related to addiction are within the scope of addiction counseling. Additionally, at the clinical level of licensure, addiction counseling includes independent practice limited and to the diagnosis and treatment of substance use disorders. (c) Licensed addiction counselor means a person who engages in the practice of addiction counseling limited to substance use disorders and who is licensed under this act, except that on and after July 1, 2011, such person shall engage in the practice of addiction counseling only in a state-licensed or certified alcohol and other drug treatment program unless otherwise exempt for licensure under subsection (m) of K.S.A. 59-29b46, and amendments thereto. (d) Licensed clinical addiction counselor means a person who engages in the independent practice of addiction counseling which practice and is limited to the diagnosis and treatment of substance use disorders specified in the edition of the American psychiatric associations diagnostic and statistical manual of mental disorders (DSM) designated by the board by rules and regulations and is licensed under this act. Sec. 11. On July 1, 2011, section 3 of chapter 45 of the 2010 Session Laws of Kansas is hereby amended to read as follows: Sec. 3. (a) On and after August September 1, 2011, no person shall engage in the practice of addiction counseling or represent that such person is a licensed addiction counselor or is an addiction counselor or a substance abuse counselor or an alcohol and drug counselor without having first obtained a license as an addiction counselor under the addictions counselor licensure act. (b) On and after August September 1, 2011, no person shall engage in the practice of addiction counseling as a clinical addiction counselor or represent that such person is a licensed clinical addiction counselor or is a clinical addiction counselor or a clinical substance abuse counselor or a clinical alcohol and drug counselor without having first obtained a license as a clinical addiction counselor under the addiction counselor licensure act. (c) Violation of this section is a class B misdemeanor. Sec. 12. On July 1, 2011, section 4 of chapter 45 of the 2010 Session Laws of Kansas is hereby amended to read as follows: Sec. 4. (a) An applicant for licensure as an addiction counselor shall furnish evidence that the applicant: (1) Has attained the age of 21; (2)(A) has completed a baccalaureate degree from an addiction counseling program that is part of a college or university approved by the board; or (B) has completed a baccalaureate degree from a college or university approved by the board in a related field that includes a minimum number of semester hours of coursework supporting the diagnosis and treatment of on substance use disorders as approved by the board; or (C) completed a baccalaureate degree from a college or university approved by the board in a related field with additional work in addiction counseling from a college or university approved by the board, and such degree program and the additional work includes the course work requirements provided in paragraph (a)(2)(B) of this subsection; or (D) is currently licensed in Kansas as a licensed psychologist, licensed master social worker, licensed professional counselor, licensed marriage and family therapist or licensed masters level psychologist; (3) has passed an examination approved by the board; (4) has satisfied the board that the applicant is a person who merits the public trust; and (5) each applicant has paid the application fee established by the board under section 12 of chapter 45 of the 2010 Session Laws of Kansas, and amendments thereto. (b)(1) Applications for licensure as a clinical addiction counselor shall be made to the board on a form and in the manner prescribed by the board. Each applicant shall furnish evidence satisfactory to the board that the applicant:
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(A) Is licensed by the board as a licensed addiction counselor or meets all requirements for licensure as an addiction counselor; and (i) has completed a masters degree from an addiction counseling program that is part of a college or university approved by the board; or (ii) has completed a masters degree from a college or university approved by the board in a related field that includes a minimum number of semester hours of coursework supporting the diagnosis and treatment of substance use disorders as approved by the board; or (iii) has completed a masters degree from a college or university approved by the board in a related field with additional work in addiction counseling from a college or university approved by the board and such degree program and the additional work includes the course work requirements provided in paragraph (b)(2)(B) of this subsection; and or (iv) has completed a masters degree in a related field and is licensed by the board as a licensed addiction counselor; and (B) has completed not less than two years of postgraduate supervised professional experience in accordance with a clinical supervision plan approved by the board of not less than 4,000 hours of supervised professional experience including at least 1,500 hours of direct client contact conducting substance abuse assessments and treatment with individuals, couples, families or groups and not less than 150 hours of clinical supervision, including not less than 50 hours of person-to-person individual supervision, integrating diagnosis and treatment of substance use disorders with use of the diagnostic and statistical manual of mental disorders of the American psychiatric association, except that one-half 12 of the requirement of this paragraph (B) may be waived for persons with a doctoral degree in addiction counseling or a related field acceptable to the board; and (C) has passed an examination approved by the board; and (D) has paid the application fee fixed under section 12 of chapter 45 of the 2010 Session Laws of Kansas, and amendments thereto. (2) A person who was registered by the behavioral sciences regulatory board as an alcohol and other drug counselor or credentialed by the department of social and rehabilitation services as an alcohol and drug credentialed counselor or credentialed by the Kansas association of addiction professionals as an alcohol and other drug abuse counselor in Kansas at any time prior to the effective date of this act, who has been actively engaged in the practice of addiction counseling in Kansas as a registered who was registered in Kansas as an alcohol and other drug counselor, an alcohol and drug credentialed counselor or a credentialed alcohol and other drug abuse counselor within three years prior to the effective date of this act and whose last registration or credential in Kansas prior to the effective date of this act was not suspended or revoked, upon application to the board, payment of fees and completion of applicable continuing education requirements, shall be licensed as a licensed addiction counselor by providing demonstration acceptable to the board of competence to perform the duties of an addiction counselor. (3) Any person who was registered by the behavioral sciences regulatory board as an alcohol and other drug counselor or credentialed by the department of social and rehabilitation services as an alcohol and drug credentialed counselor or credentialed by the Kansas association of addiction professionals as an alcohol and other drug abuse counselor in Kansas at any time prior to the effective date of this act, and who is also licensed to practice independently as a mental health practitioner or person licensed to practice medicine and surgery, and who has been actively engaged in the practice of addiction counseling in Kansas as a registered or credentialed was registered or credentialed in Kansas as an alcohol and other drug counselor within three years prior to the effective date of this act and whose last registration or credential in Kansas prior to the effective date of this act was not suspended or revoked, upon application to the board, payment of fees and completion of applicable continuing education requirements, shall be licensed as a licensed clinical addiction counselor and may engage in the independent practice of addiction counseling and is authorized to diagnose and treat substance use disorders specified in the edition of the diagnostic and statistical manual of mental disorders of the American psychiatric association designated by the board by rules and regulations. (4) Any person who was credentialed by the department of social and rehabilitation services as an alcohol and drug counselor and has been actively engaged in the practice, supervision or administration of addiction counseling in Kansas for not less than four years and holds a masters degree in a related field and whose last registration or credential in Kansas prior to the effective date of this act was not suspended or revoked, upon application to the board, payment of fees and completion of applicable continuing education requirements, shall be licensed as a clinical addiction counselor and may engage in the independent practice of addiction counseling and is authorized to diagnose and treat substance use disorders specified in the edition of the diagnostic and
statistical manual of mental disorders of the American psychiatric association designated by the board by rules and regulations. (5) On and after July 1, 2011, a licensed addiction counselor may shall engage in the practice of addiction counseling within in only a state licensed or certified alcohol and other drug treatment program, unless otherwise exempt from licensure under subsection (m) of K.S.A. 59-29b46, and amendments thereto. Sec. 13. On July, 1, 2011, section 7 of chapter 45 of the 2010 Session Laws of Kansas is hereby amended to read as follows: Sec. 7. (a) The board may issue a license to an individual who is currently registered, certified or licensed to practice addiction counseling in another jurisdiction if the board determines that: (1) The standards for registration, certification or licensure to practice addiction counseling in the other jurisdiction are substantially the equivalent of the requirements of the addictions counselor licensure act and rules and regulations of the board; and or (2) the applicant demonstrates on forms provided by the board compliance with the following standards as adopted by the board: (A) Continuous registration, certification or licensure to practice addiction counseling during the five years immediately preceding the application with at least the minimum professional experience as established by rules and regulations of the board; (B) the absence of disciplinary actions of a serious nature brought by a registration, certification or licensing board or agency; and (C) completion of a baccalaureate or masters degree in addiction counseling from a college or university approved by the board or completion of a baccalaureate or masters degree in a related field that includes all required addiction coursework. (b) Applicants for licensure as a clinical addiction counselor shall additionally demonstrate competence to diagnose and treat substance abuse disorders through meeting the requirements of either paragraph (1) or (2) of subsection (a) and at least two of the following areas acceptable to the board: (1) Either coursework as established by rules and regulations of the board or passing a national clinical examination approved by the board; (2) three years of clinical practice with demonstrated experience supporting diagnosing or treating substance use disorders; or (3) attestation from a professional licensed to diagnose and treat mental disorders, or substance use disorders, or both, in independent practice or licensed to practice medicine and surgery stating that the applicant is competent to diagnose and treat substance use disorders. (c) An applicant for a license under this section shall pay an application fee established by the board under section 12 of chapter 45 of the 2010 Session Laws of Kansas, and amendments thereto. Sec. 14. On July 1, 2011, section 8 of chapter 45 of the 2010 Session Laws of Kansas is hereby amended to read as follows: Sec. 8. (a) An applicant who meets the requirements for licensure pursuant to this act, has paid the license fee provided for by section 12 of chapter 45 of the 2010 Session Laws of Kansas, and amendments thereto, and has otherwise complied with the provisions of this act shall be licensed by the board. (b) Licenses issued pursuant to this act shall expire 24 months from the date of issuance unless revoked prior to that time. A license may be renewed upon application and payment of the fee provided for by section 12 of chapter 45 of the 2010 Session Laws of Kansas, and amendments thereto. The application for renewal shall be accompanied by evidence satisfactory to the board that the applicant has completed during the previous 24 months the continuing education required by rules and regulations of the board. As part of such continuing education, the clinical addiction counselor applicant shall complete not less than six continuing education hours relating to diagnosis and treatment of substance use disorders. and Both the clinical addiction counselor applicant and the addiction counselor applicant shall complete not less than three continuing education hours of professional ethics. (c) A person whose license has been suspended or revoked may make written application to the board requesting reinstatement of the license upon termination of the period of suspension or revocation in a manner prescribed by the board, which application shall be accompanied by the fee provided for by section 12 of chapter 45 of the 2010 Session Laws of Kansas, and amendments thereto. Sec. 15. On July 1, 2011, section 9 of chapter 45 of the 2010 Session Laws of Kansas is hereby amended to read as follows: Sec. 9. The board may refuse to grant licensure to, or may suspend, revoke, condition, limit, qualify or restrict the licensure issued under this act of any individual who the board, after the opportunity for a hearing, determines: (a) Is incompetent to practice addiction counseling, or is found to engage in the practice of addiction counseling in a manner harmful or dangerous to a client or to the public; (continued)
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(b) is convicted by a court of competent jurisdiction of a felony, misdemeanor crimes against persons or substantiation of abuse against a child, adult or resident of a care facility, even if not practice related; (c) has violated a provision of the addictions counselor licensure act or one or more of the rules and regulations of the board; (d) has obtained or attempted to obtain a license or license renewal by bribery or fraudulent representation; (e) has knowingly made a false statement on a form required by the board for license or license renewal; (f) has failed to obtain continuing education credits required by rules and regulations of the board; (g) has been found guilty of unprofessional conduct as defined by rules and regulations established by the board; or (h) has had a registration, license or certificate as an addiction counselor revoked, suspended or limited, or has had other disciplinary action taken, or an application for registration, license or certificate denied, by the proper regulatory authority of another state, territory, District of Columbia or another country, a certified copy of the record of the action of the other jurisdiction being conclusive evidence thereof. Sec. 16. On July 1, 2011, section 10 of chapter 45 of the 2010 Session Laws of Kansas is hereby amended to read as follows: Sec. 10. Nothing in the addictions counselor licensure act shall be construed: (a) To prevent addiction counseling practice by students or interns or individuals preparing for the practice of addiction counseling to practice under qualified supervision of a professional, recognized and approved by the board, in an educational institution or agency so long as they are designated by titles such as student, trainee, intern or other titles clearly indicating training status; (b) to authorize the practice of psychology, medicine and surgery, professional counseling, marriage and family therapy, masters level psychology or social work or other professions licensed by the behavioral sciences regulatory board; (c) to apply to the activities and services of a rabbi, priest, minister, clergy person or organized ministry of any religious denomination or sect, including a Christian-Science practitioner, unless such person or individual who is a part of the organized ministry is a licensed addiction counselor; (d) to apply to the activities and services of qualified members of other professional groups including, but not limited to, attorneys, physicians, psychologists, masters masters level psychologists, marriage and family therapists, professional counselors, or other professions licensed by the behavioral sciences regulatory board, registered nurses or social workers performing services consistent with the laws of this state, their training and the code of ethics of their profession, so long as they do not represent themselves as being an addiction counselor; or (e) to prevent qualified persons from doing work within the standards and ethics of their respective professions and callings provided they do not hold themselves out to the public by any title or description of services as being an addiction counselor. New Sec. 17. (a) This section shall be known and may be cited as the school sports head injury prevention act. (b) As used in this section: (1) School means any public or accredited private high school, middle school or junior high school. (2) Health care provider means a person licensed by the state board of healing arts to practice medicine and surgery. (c) The state board of education, in cooperation with the Kansas state high school activities association, shall compile information on the nature and risk of concussion and head injury including the dangers and risks associated with the continuation of playing or practicing after a person suffers a concussion or head injury. Such information shall be provided to school districts for distribution to coaches, school athletes and the parents or guardians of school athletes. (d) A school athlete may not participate in any sport competition or practice session unless such athlete and the athletes parent or guardian have signed, and returned to the school, a concussion and head injury information release form. A release form shall be signed and returned each school year that a student athlete participates in sport competitions or practice sessions. (e) If a school athlete suffers, or is suspected of having suffered, a concussion or head injury during a sport competition or practice session, such school athlete immediately shall be removed from the sport competition or practice session. (f) Any school athlete who has been removed from a sport competition or practice session shall not return to competition or practice until the athlete is evaluated by a health care provider and the health care provider provides such athlete a written clearance to return to play or practice. If the health care provider who provides the clearance to return
to play or practice is not an employee of the school district, such health care provider shall not be liable for civil damages resulting from any act or omission in the rendering of such care, other than acts or omissions constituting gross negligence or willful or wanton misconduct. (g) This section shall take effect on and after July 1, 2011. New Sec. 18. (a) The Kansas state high school activities association and its member high schools, and administrators, principals, coaches, teachers and other affiliated with such association and member high schools, shall not adopt any rules and regulations or interpret any existing rule and regulation in any manner which would prohibit a student athlete from training with any Kansas state high school leaguesponsored sport or competition while the student athlete is participating in nonschool swimming athletic training or diving athletic training, or both, during the high school sport season and throughout the year if: (1) The nonschool swimming athletic training or diving athletic training, or both, is under the jurisdiction of and sanctioned by the national governing body of the sport, U.S.A. swimming, inc., or U.S.A. diving, inc. and is conducted in a manner which protects the health and safety of the student athlete; and (2) the student athlete meets the reasonable and ordinary schoolestablished requirements for participation in the student athletes high school swimming program or diving program, or both, including requirements designed to protect the health and safety of such student athlete. (b) This section shall take effect on and after July 1, 2011. Sec. 19. On July 1, 2011, K.S.A. 2010 Supp. 65-2901 is hereby amended to read as follows: 65-2901. As used in article 29 of chapter 65 of the Kansas Statutes Annotated, and acts amendatory of the provisions thereof or supplemental amendments thereto: (a) Physical therapy means examining, evaluating and testing individuals with mechanical, anatomical, physiological and developmental impairments, functional limitations and disabilities or other health and movement-related conditions in order to determine a diagnosis solely for physical therapy, prognosis, plan of therapeutic intervention and to assess the ongoing effects of physical therapy intervention. Physical therapy also includes alleviating impairments, functional limitations and disabilities by designing, implementing and modifying therapeutic interventions that may include, but are not limited to, therapeutic exercise; functional training in community or work integration or reintegration; manual therapy; therapeutic massage; prescription, application and, as appropriate, fabrication of assistive, adaptive, orthotic, prosthetic, protective and supportive devices and equipment; airway clearance techniques; integumentary protection and repair techniques; debridement and wound care; physical agents or modalities; mechanical and electrotherapeutic modalities; patient-related instruction; reducing the risk of injury, impairments, functional limitations and disability, including the promotion and maintenance of fitness, health and quality of life in all age populations and engaging in administration, consultation, education and research. Physical therapy also includes the care and services provided by a physical therapist or a physical therapist assistant under the direction and supervision of a physical therapist who that is licensed pursuant to article 29 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto. this act. Physical therapy does not include the use of roentgen rays and radium for diagnostic and therapeutic purposes, the use of electricity for surgical purposes, including cauterization, the practice of any branch of the healing arts and the making of a medical diagnosis. (b) Physical therapist means a person who is licensed to practice physical therapy pursuant to article 29 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto. this act. Any person who successfully meets the requirements of K.S.A. 65-2906, and amendments thereto, shall be known and designated as a physical therapist and may designate or describe oneself, as appropriate, as a physical therapist, physiotherapist, licensed physical therapist, doctor of physical therapy, abbreviations thereof, or words similar thereto or use of the designated letters P.T., Ph.T., M.P.T., D.P.T. or L.P.T. Nothing in this section shall be construed to prohibit physical therapists licensed under K.S.A. 2010 Supp. 65-2906 and 65-2909, and amendments thereto, from listing or using in conjunction with their name any letters, words, abbreviations or other insignia to designate any educational degrees, certifications or credentials recognized by the board which such licensee has earned. Each licensee when using the letters or term Dr. or Doctor in conjunction with such licensees professional practice, whether in any written or oral communication, shall identify oneself as a physical therapist or doctor of physical therapy. (c) Physical therapist assistant means a person who is certified pursuant to article 29 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto, this act and who works under the direction of a
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physical therapist, and who assists the physical therapist in selected components of physical therapy intervention. Any person who successfully meets the requirements of K.S.A. 65-2906, and amendments thereto, shall be known and designated as a physical therapist assistant, and may designate or describe oneself as a physical therapist assistant, certified physical therapist assistant, abbreviations thereof, or words similar thereto or use of the designated letters P.T.A., C.P.T.A. or P.T. Asst. Nothing in this section shall be construed to prohibit physical therapist assistants certified under K.S.A. 2010 Supp. 65-2906 and 65-2909, and amendments thereto, from listing or using in conjunction with their name any letters, words, abbreviations or other insignia to designate any educational degrees, certifications or credentials which such physical therapist assistant has earned. (d) Board means the state board of healing arts. (e) Council means the physical therapy advisory council. (f) Physician means a person licensed to practice medicine and surgery. (g) Recognized by the board means an action taken by the board at an open meeting to recognize letters, words, abbreviations or other insignia to designate any educational degrees, certifications or credentials, consistent with the provisions of this act, which a physical therapist may appropriately use to designate or describe oneself and which shall be published in the official minutes of the board. Sec. 20. On July 1, 2011, K.S.A. 2010 Supp. 65-2913 is hereby amended to read as follows: 65-2913. (a) It shall be unlawful for any person who is not licensed under this article 29 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto, act as a physical therapist or whose license has been suspended or revoked in any manner to represent oneself as a physical therapist or to use in connection with such persons name the words physical therapist, physiotherapist, or licensed physical therapist or doctor of physical therapy or use the abbreviations P.T., Ph. T., M.P.T., D.P.T. or L.P.T., or any other letters, words, abbreviations or insignia, indicating or implying that such person is a physical therapist. A violation of this subsection shall constitute a class B nonperson misdemeanor. Nothing in this section shall be construed to prohibit physical therapists licensed under K.S.A. 2010 Supp. 65-2906 and 65-2909, and amendments thereto, from listing or using in conjunction with their name any letters, words, abbreviations or other insignia to designate any educational degrees, certifications or credentials recognized by the board which such licensee has earned. Each licensee when using the letters or term Dr. or Doctor in conjunction with such licensees professional practice, whether in any written or oral communication, shall identify oneself as a physical therapist or doctor of physical therapy. (b) Any person who, in any manner, represents oneself as a physical therapist assistant, or who uses in connection with such persons name the words or letters physical therapist assistant, certified physical therapist assistant, P.T.A., C.P.T.A. or P.T. Asst., or any other letters, words, abbreviations or insignia, indicating or implying that such person is a physical therapist assistant, without a valid existing certificate as a physical therapist assistant issued to such person pursuant to article 29 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto the provisions of this act, shall be guilty of a class B nonperson misdemeanor. Nothing in this section shall be construed to prohibit physical therapist assistants certified under K.S.A. 2010 Supp. 65-2906 and 65-2909, and amendments thereto, from listing or using in conjunction with their name any letters, words, abbreviations or other insignia to designate any educational degrees, certifications or credentials which such physical therapist assistant has earned. (c) Nothing in this act is intended to limit, preclude or otherwise interfere with the practices of other health care providers formally trained and practicing their profession. The provisions of article 29 of chapter 65 of the Kansas Statutes Annotated, and acts amendatory thereof or supplemental amendments thereto, shall not apply to the following individuals so long as they do not hold themselves out in a manner prohibited under subsection (a) or (b) of this section: (1) Persons rendering assistance in the case of an emergency; (2) members of any church practicing their religious tenets; (3) persons whose services are performed pursuant to the delegation of and under the supervision of a physical therapist who is licensed under this act; (4) health care providers in the United States armed forces, public health services, federal facilities and coast guard or other military service when acting in the line of duty in this state; (5) licensees under the healing arts act, and practicing their professions, when licensed and practicing in accordance with the provisions of law or persons performing services pursuant to the delegation of a licensee under subsection (g) of K.S.A. 65-2872, and amendments thereto; (6) dentists practicing their professions, when licensed and practicing in accordance with the provisions of law;
(7) nurses practicing their professions, when licensed and practicing in accordance with the provisions of law or persons performing services pursuant to the delegation of a licensed nurse under subsection (m) of K.S.A. 65-1124, and amendments thereto; (8) health care providers who have been formally trained and are practicing in accordance with their training or have received specific training in one or more functions included in this act pursuant to established educational protocols or both; (9) students while in actual attendance in an accredited health care educational program and under the supervision of a qualified instructor; (10) self-care by a patient or gratuitous care by a friend or family member; (11) optometrists practicing their profession when licensed and practicing in accordance with the provisions of article 15 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto; (12) podiatrists practicing their profession when licensed and practicing in accordance with the provisions of article 20 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto; (13) occupational therapists practicing their profession when licensed and practicing in accordance with the occupational therapy practice act and occupational therapy assistants practicing their profession when licensed and practicing in accordance with the occupational therapy practice act; (14) respiratory therapists practicing their profession when licensed and practicing in accordance with the respiratory therapy practice act; (15) physician assistants practicing their profession when licensed and practicing in accordance with the physician assistant licensure act; (16) persons practicing corrective therapy in accordance with their training in corrective therapy; (17) athletic trainers practicing their profession when licensed and practicing in accordance with the athletic trainers licensure act; (18) persons who massage for the purpose of relaxation, muscle conditioning or figure improvement, so long as no drugs are used and such persons do not hold themselves out to be physicians or healers; (19) barbers practicing their profession when licensed and practicing in accordance with the provisions of article 18 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto; (20) cosmetologists practicing their profession when licensed and practicing in accordance with the provisions of article 19 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto; (21) attendants practicing their profession when certified and practicing in accordance with the provisions of article 61 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto; and (22) naturopathic doctors practicing their profession when licensed and practicing in accordance with the naturopathic doctor licensure act. (d) Any patient monitoring, assessment or other procedures designed to evaluate the effectiveness of prescribed physical therapy must be performed by or pursuant to the delegation of a licensed physical therapist or other health care provider. (e) Nothing in this act shall be construed to permit the practice of medicine and surgery. No statute granting authority to licensees of the state board of healing arts shall be construed to confer authority upon physical therapists to engage in any activity not conferred by article 29 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto. this act. New Sec. 21. (a) Section 21 through 34, and amendments thereto, shall be known and may be cited as the Kansas health information technology and exchange act. (b) This section shall take effect on and after July 1, 2011. New Sec. 22. As used in the Kansas health information technology and exchange act: (a) Act means the Kansas health information technology and exchange act. (b) Approved HIO means a health information organization operating in the state which has been approved by the corporation. (c) Corporation means the Kansas health information exchange, inc., created by executive order 10-06. (d) Covered entity means a health care provider, a health care component of a hybrid entity, a health plan or a health care clearinghouse. (e) Designated record set means designated record set as that term is defined by the HIPAA privacy rule. (f) Disclosure means disclosure as that term is defined by the HIPAA privacy rule. (g) DPOA-HC means the person to whom a durable power of attorney for health care decisions has been granted by an individual in accordance with K.S.A. 58-625 et seq., and amendments thereto. (continued)
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(h) Electronic protected health information means electronic health information as that term is defined by the HIPAA privacy rule. (i) Health care means health care as that term is defined by the HIPAA privacy rule. (j) Health care clearinghouse means a health care clearinghouse, as that term is defined by the HIPAA privacy rule, doing business within the state. (k) Health care provider means a health care provider, as that term is defined by the HIPAA privacy rule, that furnishes health care to individuals in the state. (l) Health information means health information as that term is defined by the HIPAA privacy rule. (m) Health information organization means any entity operating in the state which: (1) Maintains technical infrastructure for the electronic movement of health information among covered entities; and (2) promulgates and enforces policies governing participation in such health information exchange. (n) Health information technology means an information processing application using computer hardware and software for the storage, retrieval, use and disclosure of health information for communication, decision-making, quality, safety and efficiency of health care. Health information technology includes, but is not limited to: (1) An electronic health record; (2) a personal health record; (3) health information exchange; (4) electronic order entry; and (5) electronic decision support. (o) Health plan means a health plan, as that term is defined by the HIPAA privacy rule, doing business within the state. (p) HIPAA privacy rule means the privacy rule of the administrative simplification subtitle of the health insurance portability and accountability act of 1996 (Pub. L. No. 104-191) contained in 45 C.F.R. part 160 and 45 C.F.R. part 164, subparts A and E. (q) Hybrid entity means hybrid entity as that term is defined by the HIPAA privacy rule. (r) Individual means individual as that term is defined by the HIPAA privacy rule. (s) Individually identifiable health information means individually identifiable health information as that term is defined by the HIPAA privacy rule. (t) Interoperability means the capacity of two or more information systems to exchange information or data in an accurate, effective, secure and consistent manner. (u) Participation agreement means a written agreement between a covered entity and an approved HIO concerning the covered entitys participation in the approved HIO on terms consistent with section 32, and amendments thereto. (v) Personal representative means the person who has the legal authority to act on behalf of an individual. (w) Protected health information means protected health information as that term is defined by the HIPAA privacy rule. (x) Public health authority means public health authority as that term is defined by the HIPAA privacy rule. (y) Secretary means the secretary of health and environment. (z) Standard authorization form means the standard authorization form developed and promulgated by the secretary pursuant to section 26, and amendments thereto. (aa) State means the state of Kansas. (bb) Use means, with respect to individually identifiable health information, use as the term is defined by the HIPAA privacy rule. This section shall take effect on and after July 1, 2011. New Sec. 23. (a) It is the purpose of this act to harmonize state law with the HIPAA privacy rule with respect to individual access to protected health information, proper safeguarding of protected health information, and the use and disclosure of protected health information for purposes of facilitating the development and use of health information technology and health information exchange. (b) This section shall take effect on and after July 1, 2011. New Sec. 24. (a) A covered entity shall provide an individual or such individuals personal representative with access to the individuals protected health information maintained by the covered entity in a designated record set in compliance with 45 C.F.R. 164.524. (b) A covered entity shall implement and maintain appropriate administrative, technical and physical safeguards to protect the privacy of protected health information in a manner consistent with 45 C.F.R. 164.530(c). (c) This section shall take effect on and after July 1, 2011. New Sec. 25. (a) No covered entity shall use or disclose protected health information except as follows:
(1) Use and disclosure of protected health information consistent with an authorization that satisfies the requirements of 45 C.F.R. 164.508; (2) use and disclosure of protected health information without an authorization as permitted under 45 C.F.R. 164.502, 164.506, 164.508, 164.510 and 164.512; or (3) use and disclosure of protected health information as required under 45 C.F.R. 164.502. (b) Notwithstanding the provisions of subsection (a), no covered entity shall disclose an individuals protected health information to a health information organization for any purpose without an authorization that satisfies the requirements of 45 C.F.R. 164.508, unless such covered entity: (1) Is a party to a current participation agreement with an approved HIO at the time the disclosure is made; (2) discloses the individuals protected health information to that approved HIO in a manner consistent with the approved HIOs established procedures; (3) prior to the disclosure, has furnished to the individual, or such individuals personal representative, whose information is to be disclosed to the approved HIO, the notice required under section 32 of this act; and (4) restricts disclosure to the approved HIO of any protected health information concerning the individual that is the subject of a written request delivered to the covered entity by the individual, or such individuals personal representative, for reasonable restrictions on disclosure of all or any specified categories of the individuals protected health information, as defined pursuant to section 32 of this act, following the covered entitys receipt of such written request. (c) Notwithstanding the provisions of subsections (a) and (b), a covered entity that uses or discloses protected health information in compliance with this section shall be immune from any civil or criminal liability or any adverse administrative action arising out of or relating to such use or disclosure. (d) This section shall take effect on and after July 1, 2011. New Sec. 26. (a) No later than six months following the effective date of this act, the secretary shall develop and adopt by rules and regulations a standard authorization form for the use and disclosure of protected health information consistent with the requirements of 45 C.F.R. 164.508. (b) Any person or entity in possession, custody or control of any protected health information which is the subject of a properly completed standard authorization form shall accept such form as valid authorization for the disclosure of such protected health information to the person or entity identified in such standard authorization form. Notwithstanding any other provisions, a person or entity is not precluded from accepting or relying upon any document which satisfies the requirements of 45 C.F.R. 164.508, as valid authorization for the use or disclosure of protected health information. (c) No later than six months after the effective date of this act the secretary shall develop educational materials intended to increase awareness and promote a greater understanding of the standard authorization form created under this section, including the importance of ensuring that an individuals health information is readily available to health care providers at the point of care, in order to enable the best possible provision of health care services. (d) This section shall take effect on and after July 1, 2011. New Sec. 27. Notwithstanding any other provision of this act, a covered entity may condition the furnishing of copies of an individuals protected health information in paper or electronic form to the individual, the individuals personal representative, or any other person or entity authorized by law to obtain or reproduce such information, upon the payment of charges to be established and updated by the secretary, except no provider shall condition the furnishing of copies to another provider needed for that providers treatment of an individual on payment of such fee. This section shall not apply to disclosures by a covered entity to an approved HIO, or by an approved HIO to a covered entity. New Sec. 28. To the extent any provision of state law regarding the confidentiality, privacy, security or privileged status of any protected health information conflicts with the provisions of this act, the provisions of this act shall control, except that: (a) Nothing in this act shall limit or restrict the effect and application of the peer review statute, K.S.A. 65-4915, and amendments thereto; the risk management statute, K.S.A. 65-4921, and amendments thereto; or any statutory health care provider-patient privilege; and (b) nothing in this act shall limit or restrict the ability of any state agency to require the disclosure of protected health information by any person or entity pursuant to law. This section shall take effect on and after July 1, 2011.
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New Sec. 29. (a) A health care provider may disclose protected health information without authorization to any state agency for any public health purpose that is required by law. Nothing in this act shall be construed to limit the use, transfer or disclosure of protected health information as required or permitted by any other provision of law. (b) This section shall take effect on and after July 1, 2011. New Sec. 30. The corporation shall establish and revise, as appropriate, standards for approval and operation of statewide and regional health information organizations operating in the state as approved HIOs including, but not limited to, the following: (a) Satisfaction of certification standards for health information exchanges promulgated by the federal government; (b) adherence to nationally recognized standards for interoperability; (c) adoption and adherence to rules promulgated by the corporation regarding access to and use and disclosure of protected health information maintained by or on an approved HIO; (d) demonstration of adequate financial resources to sustain continued operations in compliance with the standards; (e) participation in outreach activities for individuals and covered entities; (f) conduct of operations in a transparent manner to promote consumer confidence; (g) implementation of security breach notification procedures; and (h) development of procedures for entering into and enforcing the terms of participation agreements with covered entities which satisfy the requirements established by the corporation pursuant to section 32 of this act. This section shall take effect on and after July 1, 2011. New Sec. 31. (a) The corporation shall establish and implement: (1) A process by which a health information exchange may apply for and receive approval by the corporation by demonstrating compliance with the standards promulgated by the corporation pursuant to section 30 of this act; (2) a process by which an approved HIO shall be re-approved on appropriate intervals by demonstrating continued compliance with the standards promulgated by the corporation pursuant to section 30 of this act; and (3) a process for the investigation of reported concerns and complaints regarding an approved HIO and imposition of appropriate remedial and proactive measures to address any identified deficiencies. (b) This section shall take effect on and after July 1, 2011. New Sec. 32. (a) The corporation shall establish requirements for participation agreements to include the following: (1) Specification of procedures for the covered entity to disclose an individuals protected health information to the approved HIO; (2) specification of procedures for the covered entity to access an individuals protected health information from the approved HIO; (3) specification of the written notice to be provided by the covered entity to any individual, or such individuals personal representative, prior to the covered entitys disclosure of the individuals protected health information to the approved HIO. Such written notice, which may be incorporated into the covered entitys notice of privacy practices required under the HIPAA privacy rule, shall include the following that: (A) The individuals protected health information will be disclosed to the approved HIO to facilitate the provision of health care to the individual; (B) the approved HIO maintains appropriate safeguards to protect the privacy and security of protected health information; (C) only authorized individuals may access protected health information from the approved HIO; (D) the individual, or such individuals personal representative, has the right to request in writing that the covered entity: (i) Not disclose any of the individuals protected health information to the approved HIO; or (ii) not disclose specified categories of the individuals protected health information to the approved HIO; (E) such restrictions may result in a health care provider not having access to information necessary to provide appropriate care for the individual; (F) the covered entity is required to honor a written request delivered to the covered entity by an individual, or such individuals representative, not to disclose any of the individuals protected health information to an approved HIO; and (G) the covered entity is required to honor a written request delivered to the covered entity by an individual, or such individuals representative, for reasonable restrictions on the disclosure of specified categories of the individuals protected health information to an approved HIO.
(4) specification of documentation requirements to demonstrate delivery of such notice to an individual, or such individuals personal representative, by or on behalf of the covered entity prior to the covered entitys disclosure of the individuals protected health information to the approved HIO; (5) standards for determining the reasonableness of an individuals written request, or the written request of such individuals personal representative, not to disclose specified categories of the individuals protected health information to the approved HIO based on the covered entitys technological capabilities; and (6) specification of the purposes for which a covered entity may access protected health information through the approved HIO. (b) This section shall take effect on and after July 1, 2011. New Sec. 33. (a) Any health information organization which is not an approved HIO shall not be eligible for any financial support from the state, or assistance or support from the state in securing any other source of funding. (b) This section shall take effect on and after July 1, 2011. New Sec. 34. (a) Notwithstanding any other provision of this act, no use or disclosure of protected health information maintained by or on an approved HIO shall be made except pursuant to rules adopted by the corporation consistent with this act. An approved HIO that uses or discloses protected health information in compliance with such rules shall be immune from any civil or criminal liability or any adverse administrative action arising out of or relating to such use or disclosure. (b) This section shall take effect on and after July 1, 2011. Sec. 35. On July 1, 2011, K.S.A. 16-1602 is hereby amended to read as follows: 16-1602. In this act: (a) Agreement means the bargain of the parties in fact, as found in their language or inferred from other circumstances and from rules, regulations, and procedures given the effect of agreements under laws otherwise applicable to a particular transaction. (b) Automated transaction means a transaction conducted or performed, in whole or in part, by electronic means or electronic records, in which the acts or records of one or both parties are not reviewed by an individual in the ordinary course in forming a contract, performing under an existing contract or fulfilling an obligation required by the transaction. (c) Computer program means a set of statements or instructions to be used directly or indirectly in an information processing system in order to bring about a certain result. (d) Contract means the total legal obligation resulting from the parties agreement as affected by this act and other applicable law. (e) Digital signature means a type of electronic signature consisting of a transformation of an electronic message using an asymmetric crypto system such that a person having the initial message and the signers public key can accurately determine whether: (1) The transformation was created using the private key that corresponds to the signers public key; and (2) the initial message has not been altered since the transformation was made. (f) Electronic means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities. (g) Electronic agent means a computer program or an electronic or other automated means used independently to initiate an action or respond to electronic records or performances in whole or in part, without review or action by an individual. (h) Electronic record means a record created, generated, sent, communicated, received or stored by electronic means. (i) Electronic signature means an electronic sound, symbol or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record. (j) Governmental agency means an executive, legislative, or judicial agency, department, board, commission, authority, institution or instrumentality of the federal government or of a state or of a county, municipality or other political subdivision of a state. (k) Information means data, text, images, sounds, codes, computer programs, software, databases or the like. (l) Information processing system means an electronic system for creating, generating, sending, receiving, storing, displaying or processing information. (m) Message means a digital representation of information. (n) Person means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation or any other legal or commercial entity. (continued)
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(o) Record means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (p) Registered certification authority means a person providing certification of a digital signature who is, or is certified by, a member of the group of certification authorities approved by and registered with the secretary. (q) Secretary means the Kansas secretary of state. (r) Security procedure means a procedure employed for the purpose of verifying that an electronic signature, record or performance is that of a specific person or for detecting changes or errors in the information in an electronic record. The term includes a procedure that requires the use of algorithms or other codes, identifying words or numbers, encryption, callback or other acknowledgment procedures. (s) State means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. (t) Transaction means an action or set of actions occurring between two or more persons relating to the conduct of business, insurance, health care, commercial or governmental affairs. New Sec. 36. If any provision or clause of this act or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable. Sec. 37. On July 1, 2011, K.S.A. 2010 Supp. 75-5664 is hereby amended to read as follows: 75-5664. (a) There is hereby established an advisory committee on trauma. The advisory committee on trauma shall be advisory to the secretary of health and environment and shall be within the division of health of the department of health and environment as a part thereof. (b) On July 1, 2001, the advisory committee on trauma in existence immediately prior to July 1, 2001, is hereby abolished and a new advisory committee on trauma is created in accordance with this section. The terms of all members of the advisory committee on trauma in existence prior to July 1, 2001, are hereby terminated. On and after July 1, 2001, the advisory committee on trauma shall be composed of 24 members representing both rural and urban areas of the state appointed as follows: (1) Two members shall be persons licensed to practice medicine and surgery appointed by the governor. At least 30 days prior to the expiration of terms described in this section, for each member to be appointed under this section, the Kansas medical society shall submit to the governor a list of three names of persons of recognized ability and qualification. The governor shall consider such lists list of persons in making appointments to the board under this paragraph. (2) One member shall be licensed to practice osteopathic medicine appointed by the governor. At least 30 days prior to the expiration of the term of the member appointed under this section, the Kansas association of osteopathic medicine shall submit to the governor a list of three persons of recognized ability and qualification. The governor shall consider such list of persons in making appointments to the board under this paragraph. (3) Three members shall be representatives of hospitals appointed by the governor. At least 30 days before the expiration of terms described in this section, for each member to be appointed under this section, the Kansas hospital association shall submit to the governor a list of three names of persons of recognized ability and qualification. The governor shall consider such lists list of persons in making appointments to the board under this paragraph. (4) Two members shall be licensed professional nurses specializing in trauma care or emergency nursing appointed by the governor. At least 30 days before the expiration of terms described in this section, for each member to be appointed under this section, the Kansas state nurses association shall submit to the governor a list of three names of persons of recognized ability and qualification. The governor shall consider such lists list of persons in making appointments to the board under this paragraph. (5) Two members shall be attendants as defined in K.S.A. 65-6112, and amendments thereto who are on the roster of an ambulance service permitted by the board of emergency medical services. At least 30 days prior to the expiration of one of these positions, the Kansas emergency medical services association shall submit to the governor a list of three persons of recognized ability and qualification. The governor shall consider such list of persons in making this appointment to the board. For the other member appointed under this section, at least 30 days prior to the expiration of the term of such member, the Kansas emergency medical technician association shall submit a list of three persons of
recognized ability and qualification. The governor shall consider such list of persons in making appointments to the board under this paragraph. (6) Two members shall be administrators of ambulance services, one rural and one urban, appointed by the governor. At least 30 days prior to the expiration of the terms of such members, the Kansas emergency medical services association and Kansas emergency medical technician association in consultation shall submit to the governor a list of four persons of recognized ability and qualification. The governor shall consider such list of persons in making this appointment to the board under this paragraph. (7) Six members shall be representatives of regional trauma councils, one per council, appointed by the governor. At least 30 days prior to the expiration of one of these positions, the relevant regional trauma council shall submit to the governor a list of three persons of recognized ability and qualification. The governor shall consider such lists list of persons in making these appointments to the board. (8) The secretary of health and environment or the secretarys designee of an appropriately qualified person shall be an ex officio representative of the department of health and environment. (9) The chairperson of the board of emergency medical services or the chairpersons designee shall be an ex officio member. (10) Four legislators selected as follows shall be members: The chairperson and ranking minority member or their designees of the committee on health and human services of the house of representatives, and the chairperson and ranking minority member or their designees from the committee on public health and welfare of the senate shall be members. (c) All members shall be residents of the state of Kansas. Particular attention shall be given so that rural and urban interests and geography are balanced in representation. Organizations that submit lists of names to be considered for appointment by the governor under this section shall insure that names of people who reside in both rural and urban areas of the state are among those submitted. At least one person from each congressional district shall be among the members. Of the members appointed under paragraphs (1) through (7) of subsection (b), six shall be appointed to initial terms of two years; six shall be appointed to initial terms of three years; and six shall be appointed to initial terms of four years. Thereafter members shall serve terms of four years and until a successor is appointed and qualified. In the case of a vacancy in the membership of the advisory committee, the vacancy shall be filled for the unexpired term in like manner as that provided in subsection (b). (d) The advisory committee shall meet quarterly and at the call of the chairperson or at the request of a majority of the members. At the first meeting of the advisory committee after July 1 each year, the members shall elect a chairperson and vice-chairperson who shall serve for terms of one year. The vice-chairperson shall exercise all of the powers of the chairperson in the absence of the chairperson. The chairperson and vice-chairperson serving on the effective date of this act shall be among the members appointed to the advisory committee under subsection (b) and shall continue to serve as chairperson and vice-chairperson of the advisory committee until the first meeting of the advisory committee after July 1, 2002. (e) The advisory committee shall be advisory to the secretary of health and environment on all matters relating to the implementation and administration of this act. (f) (1) Any meeting of the advisory committee or any part of a meeting of the advisory committee during which a review of incidents of trauma injury or trauma care takes place shall be conducted in closed session. The advisory committee and officers thereof when acting in their official capacity in considering incidents of trauma injury or trauma care shall constitute a peer review committee and peer review officers for all purposes of K.S.A. 65-4915, and amendments thereto. (2) The advisory committee or an officer thereof may advise, report to and discuss activities, information and findings of the committee which relate to incidents of trauma injury or trauma care with the secretary of health and environment as provided in subsections (a) and (e) without waiver of the privilege provided by this subsection (f) and K.S.A. 65-4915, and amendments thereto, and the records and findings of such committee or officer which are privileged under this subsection (f) and K.S.A. 65-4915, and amendments thereto, shall remain privileged as provided by this subsection (f) and K.S.A. 65-4915, and amendments thereto, prior to July 1, 2016. (3) The provisions of this subsection (f) shall expire on July 1, 2016, unless the legislature reviews and reenacts this provision pursuant to K.S.A. 45-229, and amendments thereto. (f) (g) Members of the advisory committee attending meetings of the advisory committee or attending a subcommittee of the advisory committee or other authorized meeting of the advisory committee shall
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not be paid compensation but shall be paid amounts provided in subsection (e) of K.S.A. 75-3223, and amendments thereto. Sec. 38. On July 1, 2011, K.S.A. 2010 Supp. 75-5665 is hereby amended to read as follows: 75-5665. (a) The secretary of health and environment, after consultation with and consideration of recommendations from the advisory committee, shall: (a) (1) Develop rules and regulations necessary to carry out the provisions of this act, including fixing, charging and collecting fees from trauma facilities to recover all or part of the expenses incurred in the designation of trauma facilities pursuant to subsection (f) of this section; (b) (2) develop a statewide trauma system plan including the establishment of regional trauma councils, using the 1998 2001 Kansas EMSTrauma Systems Plan study as a guide and not more restrictive than state law. The secretary shall ensure that each council consist of at least six members. Members of the councils shall consist of persons chosen for their expertise in and commitment to emergency medical and trauma services. Such members shall be chosen from the region and include prehospital personnel, physicians, nurses and hospital personnel involved with the emergency medical and trauma services and a representative of a county health department. The plan should: (1) (A) Maximize local and regional control over decisions relating to trauma care; (2) (B) minimize bureaucracy; (3) (C) adequately protect the confidentiality of proprietary and personal health information; (4) (D) promote cost effectiveness; (5) (E) encourage participation by groups affected by the system; (6) (F) emphasize medical direction and involvement at all levels of the system; (7) (G) rely on accurate data as the basis for system planning and development; and (8) (H) facilitate education of health care providers in trauma care; (c) (3) plan, develop and administer a trauma registry to collect and analyze data on incidence, severity and causes of trauma and other pertinent information which may be used to support the secretarys decision-making and identify needs for improved trauma care; (d) (4) provide all technical assistance to the regional councils as necessary to implement the provisions of this act; (e) (5) collect data elements for the trauma registry that are consistent with the recommendations of the American college of surgeons committee on trauma and centers for disease control; (f) (6) designate trauma facilities by level of trauma care capabilities after considering the American college of surgeons committee on trauma standards and other states standards except that trauma level designations shall not be based on criteria that place practice limitations on registered nurse anesthetists which are not required by state law; (g) (7) develop a phased-in implementation schedule for each component of the trauma system, including the trauma registry, which considers the additional burden placed on the emergency medical and trauma providers; (h) (8) develop standard reports to be utilized by the regional trauma councils and those who report data to the registry in performing their functions; (i) (9) assess the fiscal impact on all components of the trauma system, and thereafter recommend other funding sources for the trauma system and trauma registry; (j) (10) prepare and submit an annual budget in accordance with the provisions of this act. Such budget shall include costs for the provision of technical assistance to the regional trauma councils and the cost of developing and maintaining the trauma registry and analyzing and reporting on the data collected; and (k) (11) enter into contracts as deemed necessary to carry out the duties and functions of the secretary under this act. (b) (1) Any meeting of a regional trauma council or any part of a meeting of such a council during which a review of incidents of trauma injury or trauma care takes place shall be conducted in closed session. A regional trauma council and the officers thereof when acting in their official capacity in considering incidents of trauma injury or trauma care shall constitute a peer review committee and peer review officers for all purposes of K.S.A. 65-4915, and amendments thereto. (2) A regional trauma council or an officer thereof may advise, report to and discuss activities, information and findings of the council which relate to incidents of trauma injury or trauma care with the secretary of health and environment and make reports as provided in this section without waiver of the privilege provided by this subsection (b) and K.S.A. 65-4915, and amendments thereto, and the records and findings of such council or officer which are privileged under this subsection (b) and K.S.A. 65-4915, and amendments thereto, shall remain privileged as provided by this subsection (b) and K.S.A. 65-4915, and amendments thereto.
(3) The provisions of this subsection (b) shall expire on July 1, 2016, unless the legislature reviews and reenacts this provision pursuant to K.S.A. 45-229, and amendments thereto, prior to July 1, 2016. Sec. 39. On January 1, 2012, K.S.A. 65-1113 is hereby amended to read as follows: 65-1113. When used in this act and the act of which this section is amendatory: (a) Board means the board of nursing. (b) Diagnosis in the context of nursing practice means that identification of and discrimination between physical and psychosocial signs and symptoms essential to effective execution and management of the nursing regimen and shall be construed as distinct from a medical diagnosis. (c) Treatment means the selection and performance of those therapeutic measures essential to effective execution and management of the nursing regimen, and any prescribed medical regimen. (d) Practice of nursing. (1) The practice of professional nursing as performed by a registered professional nurse for compensation or gratuitously, except as permitted by K.S.A. 65-1124, and amendments thereto, means the process in which substantial specialized knowledge derived from the biological, physical, and behavioral sciences is applied to: the care, diagnosis, treatment, counsel and health teaching of persons who are experiencing changes in the normal health processes or who require assistance in the maintenance of health or the prevention or management of illness, injury or infirmity; administration, supervision or teaching of the process as defined in this section; and the execution of the medical regimen as prescribed by a person licensed to practice medicine and surgery or a person licensed to practice dentistry. (2) The practice of nursing as a licensed practical nurse means the performance for compensation or gratuitously, except as permitted by K.S.A. 65-1124, and any amendments thereto, of tasks and responsibilities defined in part (1) of this subsection (d) which tasks and responsibilities are based on acceptable educational preparation within the framework of supportive and restorative care under the direction of a registered professional nurse, a person licensed to practice medicine and surgery or a person licensed to practice dentistry. (e) A professional nurse means a person who is licensed to practice professional nursing as defined in part (1) of subsection (d) of this section. (f) A practical nurse means a person who is licensed to practice practical nursing as defined in part (2) of subsection (d) of this section. (g) Advanced practice registered nurse practitioner or ARNPAPRN means a professional nurse who holds a certificate of qualification license from the board to function as a professional nurse in an expanded advanced role, and this expanded advanced role shall be defined by rules and regulations adopted by the board in accordance with K.S.A. 65-1130, and amendments thereto. Sec. 40. On January 1, 2012, K.S.A. 65-1114 is hereby amended to read as follows: 65-1114. (a) It shall be unlawful for any person: (1) To practice or to offer to practice professional nursing in this state; or (2) to use any title, abbreviation, letters, figures, sign, card or device to indicate that any person is a registered professional nurse; or (3) to practice or offer to practice practical nursing in this state; or (4) to use any title, abbreviation, letters, figures, sign, card or device to indicate that any person is a licensed practical nurse, unless such person has been duly licensed under the provisions of this act. (b) It shall be unlawful for any person: (1) To practice or offer to practice as an advanced practice registered nurse practitioner in this state; or (2) to use any title, abbreviation, letters, figures, sign, card or device to indicate that any person is an advanced practice registered nurse practitioner, unless such person has been duly issued a certificate of qualification license as an advanced practice registered nurse practitioner under the Kansas nurse practice act. Sec. 41. On January 1, 2012, K.S.A. 65-1118 is hereby amended to read as follows: 65-1118. (a) The board shall collect in advance fees provided for in this act as fixed by the board, but not exceeding: Application for licenseprofessional nurse. . . . . . . . . . . . . $75 Application for licensepractical nurse . . . . . . . . . . . . . . . . . 50 Application for biennial renewal of licenseprofessional nurse and practical nurse . . . . . . . . . . . . . . . . . . . . . . 60 Application for reinstatement of license . . . . . . . . . . . . . . . . . 70 Application for reinstatement of licenses with temporary permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 Certified copy of license . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Duplicate of license. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Inactive license. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 (continued)
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Application for license certificate of qualificationadvanced practice registered nurse practitioner. . . . . . . . Application for license certificate of qualification with temporary permitadvanced practice registered nurse practitioner. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application for renewal of license certificate of qualificationadvanced practice registered nurse practitioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application for reinstatement of license certificate of qualificationadvanced practice registered nurse practitioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application for authorizationregistered nurse anesthetist. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application for authorization with temporary authorizationregistered nurse anesthetist. . . . . . . . . . . . . . . . . Application for biennial renewal of authorization registered nurse anesthetist . . . . . . . . . . . . . . . . . . . . . . . . . . . Application for reinstatement of authorizationregistered nurse anesthetist . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application for reinstatement of authorization with temporary authorizationregistered nurse anesthetist . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Verification of license to another state . . . . . . . . . . . . . . . . . . . Application for exempt licenseprofessional and practical nurse . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application for biennial renewal of exempt license professional and practical nurse . . . . . . . . . . . . . . . . . . . . . . Application for exempt license certificationadvanced practice registered nurse practitioner . . . . . . . . . . . . . . . . . Application for biennial renewal of exempt license certificateadvanced practice registered nurse practitioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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(b) The board may require that fees paid for any examination under the Kansas nurse practice act be paid directly to the examination service by the person taking the examination. (c) The board shall accept for payment of fees under this section personal checks, certified checks, cashiers checks, money orders or credit cards. The board may designate other methods of payment, but shall not refuse payment in the form of a personal check. The board may impose additional fees and recover any costs incurred by reason of payments made by personal checks with insufficient funds and payments made by credit cards. Sec. 42. On January 1, 2012, K.S.A. 65-1120, as amended by section 236 of 2011 House Bill No. 2339, is hereby amended to read as follows: 65-1120. (a) Grounds for disciplinary actions. The board may deny, revoke, limit or suspend any license, certificate of qualification or authorization to practice nursing as a registered professional nurse, as a licensed practical nurse, as an advanced practice registered nurse practitioner or as a registered nurse anesthetist that is issued by the board or applied for under this act or may publicly or privately censure a licensee or holder of a certificate of qualification temporary permit or authorization, if the applicant, licensee or holder of a certificate of qualification temporary permit or authorization is found after hearing: (1) To be guilty of fraud or deceit in practicing nursing or in procuring or attempting to procure a license to practice nursing; (2) to have been guilty of a felony or to have been guilty of a misdemeanor involving an illegal drug offense unless the applicant or licensee establishes sufficient rehabilitation to warrant the public trust, except that notwithstanding K.S.A. 74-120, and amendments thereto, no license, certificate of qualification or authorization to practice nursing as a licensed professional nurse, as a licensed practical nurse, as an advanced practice registered nurse practitioner or registered nurse anesthetist shall be granted to a person with a felony conviction for a crime against persons as specified in article 34 of chapter 21 of the Kansas Statutes Annotated, prior to their repeal, or sections 36 through 64, 174, 210 or 211 of chapter 136 of the 2010 Session Laws of Kansas, and amendments thereto; (3) to have committed an act of professional incompetency as defined in subsection (e); (4) to be unable to practice with skill and safety due to current abuse of drugs or alcohol; (5) to be a person who has been adjudged in need of a guardian or conservator, or both, under the act for obtaining a guardian or conservator, or both, and who has not been restored to capacity under that act; (6) to be guilty of unprofessional conduct as defined by rules and regulations of the board;
(7) to have willfully or repeatedly violated the provisions of the Kansas nurse practice act or any rules and regulations adopted pursuant to that act, including K.S.A. 65-1114 and 65-1122, and amendments thereto; (8) to have a license to practice nursing as a registered nurse or as a practical nurse denied, revoked, limited or suspended, or to be publicly or privately censured, by a licensing authority of another state, agency of the United States government, territory of the United States or country or to have other disciplinary action taken against the applicant or licensee by a licensing authority of another state, agency of the United States government, territory of the United States or country. A certified copy of the record or order of public or private censure, denial, suspension, limitation, revocation or other disciplinary action of the licensing authority of another state, agency of the United States government, territory of the United States or country shall constitute prima facie evidence of such a fact for purposes of this paragraph (8); or (9) to have assisted suicide in violation of K.S.A. 21-3406, prior to its repeal, or section 42 of chapter 136 of the 2010 Session Laws of Kansas, and amendments thereto, as established by any of the following: (A) A copy of the record of criminal conviction or plea of guilty for a felony in violation of K.S.A. 21-3406, prior to its repeal, or section 42 of chapter 136 of the 2010 Session Laws of Kansas, and amendments thereto. (B) A copy of the record of a judgment of contempt of court for violating an injunction issued under K.S.A. Supp. 60-4404, and amendments thereto. (C) A copy of the record of a judgment assessing damages under K.S.A. Supp. 60-4405, and amendments thereto. (b) Proceedings. Upon filing of a sworn complaint with the board charging a person with having been guilty of any of the unlawful practices specified in subsection (a), two or more members of the board shall investigate the charges, or the board may designate and authorize an employee or employees of the board to conduct an investigation. After investigation, the board may institute charges. If an investigation, in the opinion of the board, reveals reasonable grounds for believing the applicant or licensee is guilty of the charges, the board shall fix a time and place for proceedings, which shall be conducted in accordance with the provisions of the Kansas administrative procedure act. (c) Witnesses. No person shall be excused from testifying in any proceedings before the board under this act or in any civil proceedings under this act before a court of competent jurisdiction on the ground that such testimony may incriminate the person testifying, but such testimony shall not be used against the person for the prosecution of any crime under the laws of this state except the crime of perjury as defined in section 128 of chapter 136 of the 2010 Session Laws of Kansas, and amendments thereto. (d) Costs. If final agency action of the board in a proceeding under this section is adverse to the applicant or licensee, the costs of the boards proceedings shall be charged to the applicant or licensee as in ordinary civil actions in the district court, but if the board is the unsuccessful party, the costs shall be paid by the board. Witness fees and costs may be taxed by the board according to the statutes relating to procedure in the district court. All costs accrued by the board, when it is the successful party, and which the attorney general certifies cannot be collected from the applicant or licensee shall be paid from the board of nursing fee fund. All moneys collected following board proceedings shall be credited in full to the board of nursing fee fund. (e) Professional incompetency defined. As used in this section, professional incompetency means: (1) One or more instances involving failure to adhere to the applicable standard of care to a degree which constitutes gross negligence, as determined by the board; (2) repeated instances involving failure to adhere to the applicable standard of care to a degree which constitutes ordinary negligence, as determined by the board; or (3) a pattern of practice or other behavior which demonstrates a manifest incapacity or incompetence to practice nursing. (f) Criminal justice information. The board upon request shall receive from the Kansas bureau of investigation such criminal history record information relating to arrests and criminal convictions as necessary for the purpose of determining initial and continuing qualifications of licensees of and applicants for licensure by the board. Sec. 43. On January 1, 2012, K.S.A. 65-1122 is hereby amended to read as follows: 65-1122. It is a violation of law for any person, firm, corporation or association to: (a) Sell or fraudulently obtain or furnish any nursing diploma, license, or record or certificate of qualification or aid or abet therein;
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(b) practice professional nursing, practical nursing or practice as an advanced practice registered nurse practitioner, unless duly licensed or certified to do so; (c) use in connection with such persons name any designation implying that such person is a licensed professional nurse, a licensed practical nurse or an advanced practice registered nurse practitioner unless duly licensed or certified so to practice under the provisions of the Kansas nurse practice act, and such license or certificate is then in full force; (d) practice professional nursing, practical nursing or as an advanced practice registered nurse practitioner during the time a license or certificate issued under the provisions of the Kansas nurse practice act shall have expired or shall have been suspended or revoked; (e) represent that a school for nursing is approved for educating either professional nurses or practical nurses, unless such school has been duly approved by the board and such approval is then in full force; (f) violate any provisions of the Kansas nurse practice act or rules and regulations adopted pursuant to that act; or (g) represent that a provider of continuing nursing education is approved by the board for educating either professional nurses or practical nurses, unless the provider of continuing nursing education has been approved by the board and the approval is in full force. Any person who violates this section is guilty of a class B misdemeanor, except that, upon conviction of a second or subsequent violation of this section, such person is guilty of a class A misdemeanor. Sec. 44. On January 1, 2012, K.S.A. 65-1130 is hereby amended to read as follows: 65-1130. (a) No professional nurse shall announce or represent to the public that such person is an advanced practice registered nurse practitioner unless such professional nurse has complied with requirements established by the board and holds a valid certificate of qualification license as an advanced practice registered nurse practitioner in accordance with the provisions of this section. (b) The board shall establish standards and requirements for any professional nurse who desires to obtain a certificate of qualification licensure as an advanced practice registered nurse. practitioner. Such standards and requirements shall include, but not be limited to, standards and requirements relating to the education of advanced practice registered nurse practitioners. The board may require that some, but not all, types of advanced registered nurse practitioners hold an academic degree beyond the minimum educational requirement for qualifying for a license to practice as a professional nurse nurses. The board may give such examinations and secure such assistance as it deems necessary to determine the qualifications of applicants. (c) The board shall adopt rules and regulations applicable to advanced practice registered nurses nurse practitioners which: (1) Establish categories roles and identify titles and abbreviations of advanced practice registered nurse practitioners nurses which are consistent with nursing practice specialties recognized by the nursing profession. (2) Establish education and qualifications necessary for certification licensure for each category role of advanced practice registered nurse practitioner established by the board at a level adequate to assure the competent performance by advanced practice registered nurse practitioners nurses of functions and procedures which advanced practice registered nurse practitioners nurses are authorized to perform. Advanced practice registered nursing is based on knowledge and skills acquired in basic nursing education, licensure as a registered nurse and graduation from or completion of a masters or higher degree in one of the advanced practice registered nurse roles approved by the board of nursing. (3) Define the role of advanced practice registered nurse practitioners nurses and establish limitations and restrictions on such role. The board shall adopt a definition of the role under this subsection (c)(3) which is consistent with the education and qualifications required to obtain a certificate of qualification license as an advanced practice registered nurse practitioner, which protects the public from persons performing functions and procedures as advanced practice registered nurse practitioners nurses for which they lack adequate education and qualifications and which authorizes advanced practice registered nurse practitioners nurses to perform acts generally recognized by the profession of nursing as capable of being performed, in a manner consistent with the public health and safety, by persons with postbasic education in nursing. In defining such role the board shall consider: (A) The education required for a certificate of qualification licensure as an advanced practice registered nurse practitioner; (B) the type of nursing practice and preparation in specialized practitioner advanced practice skills involved in each category role of advanced practice registered nurse practitioner established by the board; (C) the scope and limitations of advanced practice of nursing specialties and limitations thereon prescribed by national advanced practice organizations which certify nursing specialties; and (D) acts recognized by the nursing profession as appropriate to be performed by persons with postbasic education in nursing.
(d) An advanced practice registered nurse practitioner may prescribe drugs pursuant to a written protocol as authorized by a responsible physician. Each written protocol shall contain a precise and detailed medical plan of care for each classification of disease or injury for which the advanced practice registered nurse practitioner is authorized to prescribe and shall specify all drugs which may be prescribed by the advanced practice registered nurse. practitioner. Any written prescription order shall include the name, address and telephone number of the responsible physician. The advanced practice registered nurse practitioner may not dispense drugs, but may request, receive and sign for professional samples and may distribute professional samples to patients pursuant to a written protocol as authorized by a responsible physician. In order to prescribe controlled substances, the advanced practice registered nurse practitioner shall (1) register with the federal drug enforcement administration; and (2) notify the board of the name and address of the responsible physician or physicians. In no case shall the scope of authority of the advanced practice registered nurse practitioner exceed the normal and customary practice of the responsible physician. An advanced practice registered nurse practitioner certified in the role category of registered nurse anesthetist while functioning as a registered nurse anesthetist under K.S.A. 65-1151 to 65-1164, inclusive, and amendments thereto, shall be subject to the provisions of K.S.A. 65-1151 to 65-1164, inclusive, and amendments thereto, with respect to drugs and anesthetic agents and shall not be subject to the provisions of this subsection. For the purposes of this subsection, responsible physician means a person licensed to practice medicine and surgery in Kansas who has accepted responsibility for the protocol and the actions of the advanced practice registered nurse practitioner when prescribing drugs. (e) As used in this section, drug means those articles and substances defined as drugs in K.S.A. 65-1626 and 65-4101, and amendments thereto. (f) A person registered to practice as an advanced registered nurse practitioner in the state of Kansas immediately prior to the effective date of this act shall be deemed to be licensed to practice as an advanced practice registered nurse under this act and such person shall not be required to file an original application for licensure under this act. Any application for registration filed which has not been granted prior to the effective date of this act shall be processed as an application for licensure under this act. Sec. 45. On January 1, 2012, K.S.A. 65-1131 is hereby amended to read as follows: 65-1131. (a) (1) Certification. Licensure. Upon application to the board by any professional nurse in this state and upon satisfaction of the standards and requirements established by the board under K.S.A. 65-1130, and amendments thereto, the board may issue a certificate of qualification license to such applicant authorizing the applicant to perform the duties of an advanced practice registered nurse practitioner as defined by the board under K.S.A. 65-1130, and amendments thereto. (2) The board may issue a certificate license to practice nursing as an advanced practice registered nurse practitioner to an applicant who has been duly licensed or certified as an advanced practice registered nurse practitioner under the laws of another state or territory if, in the opinion of the board, the applicant meets the licensure qualifications required of an advanced practice registered nurse practitioner in this state. Verification of the applicants licensure or certification status shall be required from the original state of licensure or certification. (3) An application to the board for a certificate of qualification, for a certificate of qualification license, a license with temporary permit, for renewal of a certificate of qualification license and for reinstatement of a certificate of qualification license shall be upon such form and contain such information as the board may require and shall be accompanied by a fee, to be established by rules and regulations adopted by the board, to assist in defraying the expenses in connection with the issuance of certificates of qualification licenses as advanced practice registered nurses nurse practitioners, in an amount fixed by the board under K.S.A. 651118, and amendments thereto. (4) An application for initial certification licensure or endorsement will be held awaiting completion of meeting qualifications for a time period specified in rules and regulations. (5) The executive administrator of the board shall remit all moneys received pursuant to this section to the state treasurer as provided by K.S.A. 74-1108, and amendments thereto. (b) The board may grant a one-time temporary permit to practice as an advanced practice registered nurse practitioner for a period of not more than 180 days pending completion of the application for a certificate of qualification. license. (c) Exempt certificate license. The board may issue an exempt certificate license to any advanced practice registered nurse practitioner as defined in rules and regulations who makes written application for such (continued)
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certificate license on a form provided by the board, who remits a fee as established pursuant to K.S.A. 65-1118, and amendments thereto, and who is not regularly engaged in advanced practice registered nursing nurse practice in Kansas but volunteers advanced practice registered nursing services or is a charitable health care provider as defined by K.S.A. 75-6102, and amendments thereto. Each exempt advanced practice registered nurse practitioner shall be subject to all provisions of the nurse practice act. Each exempt license may be renewed biennially subject to the provisions of this section. To convert an exempt license certificate to an active license certificate, the exempt advanced practice registered nurse practitioner shall meet all the requirements of subsection (a) or K.S.A. 65-1132, and amendments thereto. The board shall have authority to write rules and regulations to carry out the provisions of this section. Sec. 46. On January 1, 2012, K.S.A. 2010 Supp. 65-1132 is hereby amended to read as follows: 65-1132. (a) (1) All certificates of qualification All licenses issued under the provisions of this act, whether initial or renewal, shall expire every two years. The expiration date shall be established by rules and regulations of the board. The board shall send a notice for renewal of a certificate of qualification license to every advanced practice registered nurse practitioner at least 60 days prior to the expiration date of such persons license. Every person who desires to renew such certificate of qualification license shall file with the board, on or before the date of expiration of such certificate of qualification, license: (1) A renewal application together with the prescribed biennial renewal fee; (2) evidence of completion of continuing education in the advanced practice registered nurse role, which has met the continuing education requirement for an advanced practice registered nurse as developed by the board or by a national organization whose certifying standards are approved by the board as equal to or greater than the corresponding standards established by the board. These continuing education credits approved by the board may be applied to satisfy the continuing education requirements established by the board for licensed professional nurses under K.S.A. 65-1117, and amendments thereto, if the board finds such continuing education credits are equivalent to those required by the board under K.S.A. 65-1117, and amendments thereto; and (3) proof of evidence of current licensure as a professional nurse. Upon receipt of such application and payment of any applicable fee, and upon being satisfied that the applicant for renewal of a certificate of qualification license meets the requirements established by the board under K.S.A. 65-1130, and amendments thereto, in effect at the time of initial qualification of the applicant, the board shall verify the accuracy of the application and grant a renewal certificate of qualification. license. (b) Any person who fails to secure a renewal certificate of qualification license prior to the expiration of the certificate of qualification license may secure a reinstatement of such lapsed certificate of qualification license by making application therefor on a form provided by the board, upon furnishing proof that the applicant is competent and qualified to act as an advanced practice registered nurse practitioner and upon satisfying all of the requirements for reinstatement including payment to the board of a reinstatement fee as established by the board. Sec. 47. On January 1, 2012, K.S.A. 65-1133 is hereby amended to read as follows: 65-1133. (a) An approved educational and training program for advanced practice registered nurses nurse practitioners is a program conducted in Kansas which has been approved by the board as meeting the standards and the rules and regulations of the board. An institution desiring to conduct an educational and training program for advanced practice registered nurse practitioners nurses shall apply to the board for approval and submit satisfactory proof that it is prepared to and will maintain the standards and the required curriculum for advanced practice registered nurse practitioners nurses as prescribed by this act and by the rules and regulations of the board. Applications shall be made in writing on forms supplied by the board and shall be submitted to the board together with the application fee fixed by the board. The approval of an educational program for advanced practice registered nurse practitioners nurses shall not exceed 10 years after the granting of such approval by the board. An institution desiring to continue to conduct an approved educational program for advanced practice registered nurse practitioners nurses shall apply to the board for the renewal of approval and submit satisfactory proof that it will maintain the standards and the required curriculum for advanced practice registered nurse practitioners nurses as prescribed by this act and by the rules and regulations of the board. Applications for renewal of approval shall be made in writing on forms supplied by the board. Each program shall submit annually to the board an annual fee fixed by the boards rules and regulations to maintain the approved status.
(b) A program to qualify as an approved educational program for advanced practice registered nurse practitioners nurses must be conducted in the state of Kansas, and the school conducting the program must apply to the board and submit evidence that: (1) It is prepared to carry out the curriculum prescribed by rules and regulations of the board; and (2) it is prepared to meet such other standards as shall be established by law and the rules and regulations of the board. (c) The board shall prepare and maintain a list of programs which qualify as approved educational programs for advanced practice registered nurse practitioners nurses whose graduates, if they have the other necessary qualifications provided in this act, shall be eligible to apply for certificates of qualification licensure as advanced practice registered nurse practitioners. nurses. A survey of the institution or school applying for approval of an educational program for advanced practice registered nurse practitioners nurses shall be made by an authorized employee of the board or members of the board, who shall submit a written report of the survey to the board. If, in the opinion of the board, the requirements as prescribed by the board in its rules and regulations for approval are met, it shall so approve the program. The board shall resurvey approved programs on a periodic basis as determined by rules and regulations. If the board determines that any approved program is not maintaining the standards required by this act and by rules and regulations prescribed by the board, notice thereof in writing, specifying the failures of such program, shall be given. A program which fails to correct such conditions to the satisfaction of the board within a reasonable time shall be removed from the list of approved programs until such time as the program shall comply with such standards. All approved programs shall maintain accurate and current records showing in full the theoretical and practical courses given to each student. (d) The board may accept nationally accredited advance advanced practice registered nurse practitioner programs as defined in rule and regulation by rules regulations adopted by the board in accordance with K.S.A. 65-1130, and amendments thereto: (1) Advanced practice registered nurse practitioner programs which have received accreditation from a board recognized national nursing accreditation agency shall file evidence of initial accreditation with the board, and thereafter shall file all reports from the accreditation agency and any notice of any change in school accreditation status. (2) Advanced practice registered nurse practitioner programs holding approval based upon national accreditation are also responsible for complying with all other requirements as determined by rules and regulations of the board. (3) The board may grant approval to an advanced practice registered nurse practitioner program with national accreditation for a continuing period not to exceed 10 years. Sec. 48. On January 1, 2012, K.S.A. 65-1154 is hereby amended to read as follows: 65-1154. Upon application to the board by any licensed professional nurse in this state and upon satisfaction of the standards and requirements established under this act and K.S.A. 65-1130, and amendments thereto, the board shall grant an authorization to the applicant to perform the duties of a registered nurse anesthetist and be certified licensed as an advanced practice registered nurse practitioner. An application to the board for an authorization, for an authorization with temporary authorization, for biennial renewal of authorization, for reinstatement of authorization and for reinstatement of authorization with temporary authorization shall be upon such form and contain such information as the board may require and shall be accompanied by a fee to assist in defraying the expenses in connection with the administration of the provisions of this act. The fee shall be fixed by rules and regulations adopted by the board in an amount fixed by the board under K.S.A. 65-1118, and amendments thereto. There shall be no fee assessed for the initial, renewal or reinstatement of the advanced practice registered nurse practitioner certificate license as long as the registered nurse anesthetist maintains authorization. The executive administrator of the board shall remit all moneys received to the state treasurer as provided by K.S.A. 74-1108, and amendments thereto. Sec. 49. On January 1, 2012, K.S.A. 65-1163 is hereby amended to read as follows: 65-1163. Nothing in this act shall: (a) Prohibit administration of a drug by a duly licensed professional nurse, licensed practical nurse or other duly authorized person for the alleviation of pain, including administration of local anesthetics; (b) apply to the practice of anesthesia by a person licensed to practice medicine and surgery, a licensed dentist or a licensed podiatrist; (c) prohibit the practice of nurse anesthesia by students enrolled in approved courses of study in the administration of anesthesia or analgesic as a part of such course of study; (d) apply to the administration of a pudendal block by a person who holds a valid certificate of qualification license as an advanced practice registered nurse practitioner in the category role of nurse-midwife;
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(e) apply to the administration by a licensed professional nurse of an anesthetic, other than general anesthesia, for a dental operation under the direct supervision of a licensed dentist or for a dental operation under the direct supervision of a person licensed to practice medicine and surgery; (f) prohibit the practice by any registered nurse anesthetist who is employed by the United States government or in any bureau, division or agency thereof, while in the discharge of official duties; or (g) prohibit a registered professional nurse from administering general anesthetic agents to a patient on ventilator maintenance in critical care units when under the direction of a person licensed to practice medicine and surgery or a person licensed to practice dentistry. Sec. 50. On January 1, 2012, K.S.A. 2010 Supp. 8-1,125 is hereby amended to read as follows: 8-1,125. (a) Any Kansas resident who submits satisfactory proof to the director of vehicles, on a form provided by the director, that such person is a person with a disability or is responsible for the transportation of a person with a disability shall be issued a special license plate or a permanent placard for any motor vehicle owned by such person or shall be issued a temporary placard. Satisfactory proof of disability, condition or impairment shall include a statement from a person licensed to practice the healing arts in any state, a licensed optometrist, an advanced practice registered nurse practitioner registered licensed under K.S.A. 65-1131, and amendments thereto, a licensed physician assistant or a Christian Science practitioner listed in The Christian Science Journal certifying that such person is a person with a disability. The placard shall be suspended immediately below the rear view mirror of any motor vehicle used for the transportation of a person with a disability so as to be maximally visible from outside the vehicle. In addition to the special license plate or permanent placard, the director of vehicles shall issue to the person with a disability an individual identification card which must be carried by the person with a disability when the motor vehicle being operated by or used for the transportation of such person is parked in accordance with the provisions of K.S.A. 8-1,126, and amendments thereto. In addition to the temporary placard, a person issued such temporary placard shall carry the state or county receipt showing the name of the person who is issued such temporary placard. A person submitting satisfactory proof that such persons disability, condition or impairment is permanent in nature, and upon such persons request and payment of the fees prescribed in subsection (b), shall be issued a permanent placard or a permanent placard and a special license plate and an individual identification card. Upon proper request, one additional permanent placard shall be issued to the applicant who has not requested and received a special license plate. Upon proper request, one additional temporary placard shall be issued to the applicant certified as temporarily disabled. Temporary placards shall have an expiration date of not longer than six months from the date of issuance. The special license plates and placards shall display the international symbol of access to the physically disabled. (b) Special license plates issued pursuant to this section shall be issued for the same period of time as other license plates are issued or for the remainder of such period if an existing license plate is to be exchanged for the special license plate. There shall be no fee for such special license plates in addition to the regular registration fee. No person shall be issued more than one special license plate, except that agencies or businesses which provide transportation for persons with a disability as a service, may obtain additional special license plates for vehicles which are utilized in the provision of that service. Special license plates may be personalized license plates subject to the provisions of K.S.A. 8-132, and amendments thereto, including the payment of the additional fee. (c) Except as otherwise provided in this section, placards and individual identification cards issued pursuant to this section shall be issued for such period of time as the person to whom issued continues to be a person with a disability or a person responsible for the transportation of a person with a disability, except that the secretary of revenue shall make a determination of continued eligibility for a special license plate or placard at least every three years from the original date of issuance of such license plate and placard. (d) On and after July 1, 1992, The color of the permanent placard shall be white on a blue background and the temporary placard shall be white on a red background. (e) In addition to such other information contained on individual identification cards, cards issued or reissued on and after July 1, 2000, shall have the date of birth and the sex of the person to whom the card is issued. (f) Permanent placards and individual identification cards shall be returned to the department of revenue upon the death of the person with a disability. Temporary placards shall be returned to the department of revenue upon the expiration of the placard or upon the death
of the person with a disability. Special license plates shall be returned to the county treasurer to be exchanged for another license plate upon the death of the person with a disability. The individual identification cards issued with the special license plates shall be returned to the department of revenue upon the death of the person with a disability. (g) Violation of subsection (f) is an unclassified misdemeanor punishable by a fine of not more than $50. Sec. 51. On January 1, 2012, K.S.A. 2010 Supp. 39-7,119 is hereby amended to read as follows: 39-7,119. (a) There is hereby created the medicaid drug utilization review board which shall be responsible for the implementation of retrospective and prospective drug utilization programs under the Kansas medicaid program. (b) Except as provided in subsection (i), the board shall consist of at least seven members appointed as follows: (1) Two licensed physicians actively engaged in the practice of medicine, nominated by the Kansas medical society and appointed by the Kansas health policy authority from a list of four nominees; (2) one licensed physician actively engaged in the practice of osteopathic medicine, nominated by the Kansas association of osteopathic medicine and appointed by the Kansas health policy authority from a list of four nominees; (3) two licensed pharmacists actively engaged in the practice of pharmacy, nominated by the Kansas pharmacy association and appointed by the Kansas health policy authority from a list of four nominees; (4) one person licensed as a pharmacist and actively engaged in academic pharmacy, appointed by the Kansas health policy authority from a list of four nominees provided by the university of Kansas; (5) one licensed professional nurse actively engaged in long-term care nursing, nominated by the Kansas state nurses association and appointed by the Kansas health policy authority from a list of four nominees. (c) The Kansas health policy authority may add two additional members so long as no class of professional representatives exceeds 51% of the membership. (d) The physician and pharmacist members shall have expertise in the clinically appropriate prescribing and dispensing of outpatient drugs. (e) The appointments to the board shall be for terms of three years. In making the appointments, the Kansas health policy authority shall provide for geographic balance in the representation on the board to the extent possible. Subject to the provisions of subsection (i), members may be reappointed. (f) The board shall elect a chairperson from among board members who shall serve a one-year term. The chairperson may serve consecutive terms. (g) The board, in accordance with K.S.A. 75-4319, and amendments thereto, may recess for a closed or executive meeting when it is considering matters relating to identifiable patients or providers. (h) All actions of the medicaid drug utilization review board shall be upon the affirmative vote of five members of the board and the vote of each member present when action was taken shall be recorded by roll call vote. (i) Upon the expiration of the term of office of any member of the medicaid drug utilization review board on or after the effective date of this act and in any case of a vacancy existing in the membership position of any member of the medicaid drug utilization review board on or after the effective date of this act, a successor shall be appointed by the Kansas health policy authority so that as the terms of members expire, or vacancies occur, members are appointed and the composition of the board is changed in accordance with the following and such appointment shall be made by the Kansas health policy authority in the following order of priority: (1) One member shall be a licensed pharmacist who is actively performing or who has experience performing medicaid pharmacy services for a hospital and who is nominated by the Kansas hospital association and appointed by the Kansas health policy authority from a list of two or more nominees; (2) one member shall be a licensed pharmacist who is actively performing or who has experience performing medicaid pharmacy services for a licensed adult care home and who is nominated by the state board of pharmacy and appointed by the Kansas health policy authority from a list of two or more nominees; (3) one member shall be a licensed physician who is actively engaged in the general practice of allopathic medicine and who has practice experience with the state medicaid plan and who is nominated by the Kansas medical society and appointed by the Kansas health policy authority from a list of two or more nominees; (continued)
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(4) one member shall be a licensed physician who is actively engaged in mental health practice providing care and treatment to persons with mental illness, who has practice experience with the state medicaid plan and who is nominated by the Kansas psychiatric society and appointed by the Kansas health policy authority from a list of two or more nominees; (5) one member shall be a licensed physician who is the medical director of a nursing facility, who has practice experience with the state medicaid plan and who is nominated by the Kansas medical society and appointed by the Kansas health policy authority from a list of two or more nominees; (6) one member shall be a licensed physician who is actively engaged in the general practice of osteopathic medicine, who has practice experience with the state medicaid plan and who is nominated by the Kansas association of osteopathic medicine and who is appointed by the Kansas health policy authority from a list of two or more nominees; (7) one member shall be a licensed pharmacist who is actively engaged in retail pharmacy, who has practice experience with the state medicaid plan and who is nominated by the state board of pharmacy and appointed by the Kansas health policy authority from a list of two or more nominees; (8) one member shall be a licensed pharmacist who is actively engaged in or who has experience in research pharmacy and who is nominated jointly by the Kansas task force for the pharmaceutical research and manufacturers association and the university of Kansas and appointed by the Kansas health policy authority from a list of two or more jointly nominated persons; and (9) one member shall be a licensed advanced practice registered nurse practitioner or physician assistant actively engaged in the practice of providing the health care and treatment services such person is licensed to perform, who has practice experience with the state medicaid plan and who is nominated jointly by the Kansas state nurses association and the Kansas academy of physician assistants and appointed by the Kansas health policy authority from a list of two or more jointly nominated persons. Sec. 52. On January 1, 2012, K.S.A. 2010 Supp. 40-2,111 is hereby amended to read as follows: 40-2,111. As used in K.S.A. 40-2,111 through 40-2,113, and amendments thereto: (a) Adverse underwriting decision means: Any of the following actions with respect to insurance transactions involving insurance coverage which is individually underwritten: (1) A declination of insurance coverage; (2) a termination of insurance coverage; (3) an offer to insure at higher than standard rates, with respect to life, health or disability insurance coverage; or (4) the charging of a higher rate on the basis of information which differs from that which the applicant or policyholder furnished, with respect to property or casualty insurance coverage. (b) Declination of insurance coverage means a denial, in whole or in part, by an insurance company or agent of requested insurance coverage. (c) Health care institution means any medical care facility, adult care home, drug abuse and alcoholic treatment facility, home-health agency certified for federal reimbursement, mental health center or mental health clinic licensed by the secretary of social and rehabilitation services, kidney disease treatment center, county, city-county or multicounty health departments and health-maintenance organization. (d) Health care provider means any person licensed to practice any branch of the healing arts, licensed dentist, licensed professional nurse, licensed practical nurse, licensed advanced practice registered nurse practitioner, licensed optometrist, licensed physical therapist, licensed social worker, licensed physician assistant, licensed podiatrist or licensed psychologist. (e) Institutional source means any natural person, corporation, association, partnership or governmental or other legal entity that provides information about an individual to an agent or insurance company, other than: (1) An agent; (2) the individual who is the subject of the information; or (3) a natural person acting in a personal capacity rather than a business or professional capacity. (f) Insurance transaction means any transaction involving insurance, but not including group insurance coverage, primarily for personal, family or household needs rather than business or professional needs. (g) Medical-record information means personal information which: (1) Relates to an individuals physical or mental condition, medical history or medical treatment; and
(2) is obtained from a health care provider or health care institution, from the individual, or from the individuals spouse, parent or legal guardian. (h) Termination of insurance coverage or termination of an insurance policy means either a cancellation, nonrenewal or lapse of an insurance policy, in whole or in part, for any reason other than: (1) The failure to pay a premium as required by the policy; or (2) at the request or direction of the insured. Sec. 53. On January 1, 2012, K.S.A. 40-2250 is hereby amended to read as follows: 40-2250. (a) Notwithstanding any provision of an individual or group policy or contract for health and accident insurance delivered within the state, whenever such policy or contract shall provide for reimbursement for any services within the lawful scope of practice of an a licensed advanced practice registered nurse practitioner within the state of Kansas, the insured, or any other person covered by the policy or contract, shall be allowed and entitled to reimbursement for such service irrespective of whether it was provided or performed by a duly licensed physician or an a licensed advanced practice registered nurse. practitioner. (b) Notwithstanding the provisions of subsection (a), reimbursement shall be mandated with respect to services performed by an advanced registered nurse practitioner in Douglas, Johnson, Leavenworth, Sedgwick, Shawnee or Wyandotte counties. (c) The provisions of subsection (b) shall expire on July 1, 1998. Sec. 54. On January 1, 2012, K.S.A. 2010 Supp. 65-468 is hereby amended to read as follows: 65-468. As used in K.S.A. 65-468 to 65-474, inclusive, and amendments thereto: (a) Health care provider means any person licensed or otherwise authorized by law to provide health care services in this state or a professional corporation organized pursuant to the professional corporation law of Kansas by persons who are authorized by law to form such corporation and who are health care providers as defined by this subsection, or an officer, employee or agent thereof, acting in the course and scope of employment or agency. (b) Member means any hospital, emergency medical service, local health department, home health agency, adult care home, medical clinic, mental health center or clinic or nonemergency transportation system. (c) Mid-level practitioner means a physician assistant or advanced practice registered nurse practitioner who has entered into a written protocol with a rural health network physician. (d) Physician means a person licensed to practice medicine and surgery. (e) Rural health network means an alliance of members including at least one critical access hospital and at least one other hospital which has developed a comprehensive plan submitted to and approved by the secretary of health and environment regarding patient referral and transfer; the provision of emergency and nonemergency transportation among members; the development of a network-wide emergency services plan; and the development of a plan for sharing patient information and services between hospital members concerning medical staff credentialing, risk management, quality assurance and peer review. (f) Critical access hospital means a member of a rural health network which makes available twenty-four hour emergency care services; provides not more than 25 acute care inpatient beds or in the case of a facility with an approved swing-bed agreement a combined total of extended care and acute care beds that does not exceed 25 beds; provides acute inpatient care for a period that does not exceed, on an annual average basis, 96 hours per patient; and provides nursing services under the direction of a licensed professional nurse and continuous licensed professional nursing services for not less than 24 hours of every day when any bed is occupied or the facility is open to provide services for patients unless an exemption is granted by the licensing agency pursuant to rules and regulations. The critical access hospital may provide any services otherwise required to be provided by a full-time, on-site dietician, pharmacist, laboratory technician, medical technologist and radiological technologist on a part-time, off-site basis under written agreements or arrangements with one or more providers or suppliers recognized under medicare. The critical access hospital may provide inpatient services by a physician assistant, advanced practice registered nurse practitioner or a clinical nurse specialist subject to the oversight of a physician who need not be present in the facility. In addition to the facilitys 25 acute beds or swing beds, or both, the critical access hospital may have a psychiatric unit or a rehabilitation unit, or both. Each unit shall not exceed 10 beds and neither unit will count toward the 25-bed limit, nor will these units be subject to the average 96-hour length of stay restriction. (g) Hospital means a hospital other than a critical access hospital which has entered into a written agreement with at least one critical
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access hospital to form a rural health network and to provide medical or administrative supporting services within the limit of the hospitals capabilities. Sec. 55. On January 1, 2012, K.S.A. 2010 Supp. 65-1626 is hereby amended to read as follows: 65-1626. For the purposes of this act: (a) Administer means the direct application of a drug, whether by injection, inhalation, ingestion or any other means, to the body of a patient or research subject by: (1) A practitioner or pursuant to the lawful direction of a practitioner; (2) the patient or research subject at the direction and in the presence of the practitioner; or (3) a pharmacist as authorized in K.S.A. 65-1635a, and amendments thereto. (b) Agent means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor or dispenser but shall not include a common carrier, public warehouseman or employee of the carrier or warehouseman when acting in the usual and lawful course of the carriers or warehousemans business. (c) Authorized distributor of record means a wholesale distributor with whom a manufacturer has established an ongoing relationship to distribute the manufacturers prescription drug. An ongoing relationship is deemed to exist between such wholesale distributor and a manufacturer when the wholesale distributor, including any affiliated group of the wholesale distributor, as defined in section 1504 of the internal revenue code, complies with any one of the following: (1) The wholesale distributor has a written agreement currently in effect with the manufacturer evidencing such ongoing relationship; and (2) the wholesale distributor is listed on the manufacturers current list of authorized distributors of record, which is updated by the manufacturer on no less than a monthly basis. (d) Board means the state board of pharmacy created by K.S.A. 74-1603, and amendments thereto. (e) Brand exchange means the dispensing of a different drug product of the same dosage form and strength and of the same generic name than as the brand name drug product prescribed. (f) Brand name means the registered trademark name given to a drug product by its manufacturer, labeler or distributor. (g) Chain pharmacy warehouse means a permanent physical location for drugs or devices, or both, that act acts as a central warehouse and perform performs intracompany sales or transfers of prescription drugs or devices to chain pharmacies that have the same ownership or control. Chain pharmacy warehouses must be registered as wholesale distributors. (h) Co-licensee means a pharmaceutical manufacturer that has entered into an agreement with another pharmaceutical manufacturer to engage in a business activity or occupation related to the manufacture or distribution of a prescription drug and the national drug code on the drug product label shall be used to determine the identity of the drug manufacturer. (i) Deliver or delivery means the actual, constructive or attempted transfer from one person to another of any drug whether or not an agency relationship exists. (j) Direct supervision means the process by which the responsible pharmacist shall observe and direct the activities of a pharmacy student or pharmacy technician to a sufficient degree to assure that all such activities are performed accurately, safely and without risk or harm to patients, and complete the final check before dispensing. (k) Dispense means to deliver prescription medication to the ultimate user or research subject by or pursuant to the lawful order of a practitioner or pursuant to the prescription of a mid-level practitioner. (l) Dispenser means a practitioner or pharmacist who dispenses prescription medication. (m) Distribute means to deliver, other than by administering or dispensing, any drug. (n) Distributor means a person who distributes a drug. (o) Drop shipment means the sale, by a manufacturer, that manufacturers co-licensee, that manufacturers third party logistics provider, or that manufacturers exclusive distributor, of the manufacturers prescription drug, to a wholesale distributor whereby the wholesale distributor takes title but not possession of such prescription drug and the wholesale distributor invoices the pharmacy, the chain pharmacy warehouse, or other designated person authorized by law to dispense or administer such prescription drug, and the pharmacy, the chain pharmacy warehouse, or other designated person authorized by law to dispense or administer such prescription drug receives delivery of the prescription drug directly from the manufacturer, that manufacturers co-licensee, that manufacturers third party logistics provider, or
that manufacturers exclusive distributor, of such prescription drug. Drop shipment shall be part of the normal distribution channel.. (p) Drug means: (1) Articles recognized in the official United States pharmacopoeia, or other such official compendiums of the United States, or official national formulary, or any supplement of any of them; (2) articles intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in man or other animals; (3) articles, other than food, intended to affect the structure or any function of the body of man or other animals; and (4) articles intended for use as a component of any articles specified in clause (1), (2) or (3) of this subsection; but does not include devices or their components, parts or accessories, except that the term drug shall not include amygdalin (laetrile) or any livestock remedy, if such livestock remedy had been registered in accordance with the provisions of article 5 of chapter 47 of the Kansas Statutes Annotated prior to its repeal. (q) Durable medical equipment means technologically sophisticated medical devices that may be used in a residence, including the following: (1) Oxygen and oxygen delivery system; (2) ventilators; (3) respiratory disease management devices; (4) continuous positive airway pressure (CPAP) devices; (5) electronic and computerized wheelchairs and seating systems; (6) apnea monitors; (7) transcutaneous electrical nerve stimulator (TENS) units; (8) low air loss cutaneous pressure management devices; (9) sequential compression devices; (10) feeding pumps; (11) home phototherapy devices; (12) infusion delivery devices; (13) distribution of medical gases to end users for human consumption; (14) hospital beds; (15) nebulizers; (16) other similar equipment determined by the board in rules and regulations adopted by the board. (r) Exclusive distributor means any entity that: (1) Contracts with a manufacturer to provide or coordinate warehousing, wholesale distribution or other services on behalf of a manufacturer and who takes title to that manufacturers prescription drug, but who does not have general responsibility to direct the sale or disposition of the manufacturers prescription drug; (2) is registered as a wholesale distributor under the pharmacy act of the state of Kansas; and (3) to be considered part of the normal distribution channel, must be an authorized distributor of record. (s) Electronic transmission means transmission of information in electronic form or the transmission of the exact visual image of a document by way of electronic equipment. (t) Generic name means the established chemical name or official name of a drug or drug product. (u) (1) Institutional drug room means any location where prescription-only drugs are stored and from which prescription-only drugs are administered or dispensed and which is maintained or operated for the purpose of providing the drug needs of: (A) Inmates of a jail or correctional institution or facility; (B) residents of a juvenile detention facility, as defined by the revised Kansas code for care of children and the revised Kansas juvenile justice code; (C) students of a public or private university or college, a community college or any other institution of higher learning which is located in Kansas; (D) employees of a business or other employer; or (E) persons receiving inpatient hospice services. (2) Institutional drug room does not include: (A) Any registered pharmacy; (B) any office of a practitioner; or (C) a location where no prescription-only drugs are dispensed and no prescription-only drugs other than individual prescriptions are stored or administered. (v) Intracompany transaction means any transaction or transfer between any division, subsidiary, parent or affiliated or related company under common ownership or control of a corporate entity, or any transaction or transfer between co-licensees of a co-licensed product. (w) Medical care facility shall have the meaning provided in K.S.A. 65-425, and amendments thereto, except that the term shall also include facilities licensed under the provisions of K.S.A. 75-3307b, and amendments thereto, except community mental health centers and facilities for the mentally retarded. (x) Manufacture means the production, preparation, propagation, compounding, conversion or processing of a drug either directly or indirectly by extraction from substances of natural origin, independently by means of chemical synthesis or by a combination of extraction and chemical synthesis and includes any packaging or repackaging of the drug or labeling or relabeling of its container, except that this term shall not include the preparation or compounding of a drug by an individual for the individuals own use or the preparation, compounding, packaging or labeling of a drug by: (continued)
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(1) A practitioner or a practitioners authorized agent incident to such practitioners administering or dispensing of a drug in the course of the practitioners professional practice; (2) a practitioner, by a practitioners authorized agent or under a practitioners supervision for the purpose of, or as an incident to, research, teaching or chemical analysis and not for sale; or (3) a pharmacist or the pharmacists authorized agent acting under the direct supervision of the pharmacist for the purpose of, or incident to, the dispensing of a drug by the pharmacist. (y) Manufacturer means a person licensed or approved by the FDA to engage in the manufacture of drugs and devices. (z) Normal distribution channel means a chain of custody for a prescription-only drug that goes from a manufacturer of the prescription-only drug, from that manufacturer to that manufacturers co-licensed partner, from that manufacturer to that manufacturers thirdparty logistics provider, or from that manufacturer to that manufacturers exclusive distributor, directly or by drop shipment, to: (1) A pharmacy to a patient or to other designated persons authorized by law to dispense or administer such drug to a patient; (2) a wholesale distributor to a pharmacy to a patient or other designated persons authorized by law to dispense or administer such drug to a patient; (3) a wholesale distributor to a chain pharmacy warehouse to that chain pharmacy warehouses intracompany pharmacy to a patient or other designated persons authorized by law to dispense or administer such drug to a patient; or (4) a chain pharmacy warehouse to the chain pharmacy warehouses intracompany pharmacy to a patient or other designated persons authorized by law to dispense or administer such drug to a patient. (aa) Person means individual, corporation, government, governmental subdivision or agency, partnership, association or any other legal entity. (bb) Pharmacist means any natural person licensed under this act to practice pharmacy. (cc) Pharmacist in charge means the pharmacist who is responsible to the board for a registered establishments compliance with the laws and regulations of this state pertaining to the practice of pharmacy, manufacturing of drugs and the distribution of drugs. The pharmacist in charge shall supervise such establishment on a full-time or a parttime basis and perform such other duties relating to supervision of a registered establishment as may be prescribed by the board by rules and regulations. Nothing in this definition shall relieve other pharmacists or persons from their responsibility to comply with state and federal laws and regulations. (dd) Pharmacy, drug store or apothecary means premises, laboratory, area or other place: (1) Where drugs are offered for sale where the profession of pharmacy is practiced and where prescriptions are compounded and dispensed; or (2) which has displayed upon it or within it the words pharmacist, pharmaceutical chemist, pharmacy, apothecary, drugstore, druggist, drugs, drug sundries or any of these words or combinations of these words or words of similar import either in English or any sign containing any of these words; or (3) where the characteristic symbols of pharmacy or the characteristic prescription sign Rx may be exhibited. As used in this subsection, premises refers only to the portion of any building or structure leased, used or controlled by the licensee in the conduct of the business registered by the board at the address for which the registration was issued. (ee) Pharmacy student means an individual, registered with the board of pharmacy, enrolled in an accredited school of pharmacy. (ff) Pharmacy technician means an individual who, under the direct supervision and control of a pharmacist, may perform packaging, manipulative, repetitive or other nondiscretionary tasks related to the processing of a prescription or medication order and who assists the pharmacist in the performance of pharmacy related duties, but who does not perform duties restricted to a pharmacist. (gg) Practitioner means a person licensed to practice medicine and surgery, dentist, podiatrist, veterinarian, optometrist licensed under the optometry law as a therapeutic licensee or diagnostic and therapeutic licensee, or scientific investigator or other person authorized by law to use a prescription-only drug in teaching or chemical analysis or to conduct research with respect to a prescription-only drug. (hh) Preceptor means a licensed pharmacist who possesses at least two years experience as a pharmacist and who supervises students obtaining the pharmaceutical experience required by law as a condition to taking the examination for licensure as a pharmacist. (ii) Prescription means, according to the context, either a prescription order or a prescription medication.
(jj) Prescription medication means any drug, including label and container according to context, which is dispensed pursuant to a prescription order. (kk) Prescription-only drug means any drug whether intended for use by man or animal, required by federal or state law (including 21 United States Code section 353 U.S.C. 353 , as amended), to be dispensed only pursuant to a written or oral prescription or order of a practitioner or is restricted to use by practitioners only. (ll) Prescription order means: (1) An order to be filled by a pharmacist for prescription medication issued and signed by a practitioner or a mid-level practitioner in the authorized course of professional practice; or (2) an order transmitted to a pharmacist through word of mouth, note, telephone or other means of communication directed by such practitioner or mid-level practitioner. (mm) Probation means the practice or operation under a temporary license, registration or permit or a conditional license, registration or permit of a business or profession for which a license, registration or permit is granted by the board under the provisions of the pharmacy act of the state of Kansas requiring certain actions to be accomplished or certain actions not to occur before a regular license, registration or permit is issued. (nn) Professional incompetency means: (1) One or more instances involving failure to adhere to the applicable standard of pharmaceutical care to a degree which constitutes gross negligence, as determined by the board; (2) repeated instances involving failure to adhere to the applicable standard of pharmaceutical care to a degree which constitutes ordinary negligence, as determined by the board; or (3) a pattern of pharmacy practice or other behavior which demonstrates a manifest incapacity or incompetence to practice pharmacy. (oo) Retail dealer means a person selling at retail nonprescription drugs which are prepackaged, fully prepared by the manufacturer or distributor for use by the consumer and labeled in accordance with the requirements of the state and federal food, drug and cosmetic acts. Such nonprescription drugs shall not include: (1) A controlled substance; (2) a prescription-only drug; or (3) a drug intended for human use by hypodermic injection. (pp) Secretary means the executive secretary of the board. (qq) Third party logistics provider means an entity that: (1) Provides or coordinates warehousing, distribution or other services on behalf of a manufacturer, but does not take title to the prescription drug or have general responsibility to direct the prescription drugs sale or disposition; (2) is registered as a wholesale distributor under the pharmacy act of the state of Kansas; and (3) to be considered part of the normal distribution channel, must also be an authorized distributor of record. (rr) Unprofessional conduct means: (1) Fraud in securing a registration or permit; (2) intentional adulteration or mislabeling of any drug, medicine, chemical or poison; (3) causing any drug, medicine, chemical or poison to be adulterated or mislabeled, knowing the same to be adulterated or mislabeled; (4) intentionally falsifying or altering records or prescriptions; (5) unlawful possession of drugs and unlawful diversion of drugs to others; (6) willful betrayal of confidential information under K.S.A. 65-1654, and amendments thereto; (7) conduct likely to deceive, defraud or harm the public; (8) making a false or misleading statement regarding the licensees professional practice or the efficacy or value of a drug; (9) commission of any act of sexual abuse, misconduct or exploitation related to the licensees professional practice; or (10) performing unnecessary tests, examinations or services which have no legitimate pharmaceutical purpose. (ss) Mid-level practitioner means an advanced practice registered nurse practitioner issued a certificate of qualification license pursuant to K.S.A. 65-1131, and amendments thereto, who has authority to prescribe drugs pursuant to a written protocol with a responsible physician under K.S.A. 65-1130, and amendments thereto, or a physician assistant licensed pursuant to the physician assistant licensure act who has authority to prescribe drugs pursuant to a written protocol with a responsible physician under K.S.A. 65-28a08, and amendments thereto. (tt) Vaccination protocol means a written protocol, agreed to by a pharmacist and a person licensed to practice medicine and surgery by the state board of healing arts, which establishes procedures and recordkeeping and reporting requirements for administering a vaccine by the pharmacist for a period of time specified therein, not to exceed two years.
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(uu) Veterinary medical teaching hospital pharmacy means any location where prescription-only drugs are stored as part of an accredited college of veterinary medicine and from which prescription-only drugs are distributed for use in treatment of or administration to a nonhuman. (vv) Wholesale distributor means any person engaged in wholesale distribution of prescription drugs or devices in or into the state, including, but not limited to, manufacturers, repackagers, own-label distributors, private-label distributors, jobbers, brokers, warehouses, including manufacturers and distributors warehouses, co-licensees, exclusive distributors, third party logistics providers, chain pharmacy warehouses that conduct wholesale distributions, and wholesale drug warehouses, independent wholesale drug traders and retail pharmacies that conduct wholesale distributions. Wholesale distributor shall not include persons engaged in the sale of durable medical equipment to consumers or patients. (ww) Wholesale distribution means the distribution of prescription drugs or devices by wholesale distributors to persons other than consumers or patients, and includes the transfer of prescription drugs by a pharmacy to another pharmacy if the total number of units of transferred drugs during a twelve-month period does not exceed 5% of the total number of all units dispensed by the pharmacy during the immediately preceding twelve-month period. Wholesale distribution does not include: (1) The sale, purchase or trade of a prescription drug or device, an offer to sell, purchase or trade a prescription drug or device or the dispensing of a prescription drug or device pursuant to a prescription; (2) the sale, purchase or trade of a prescription drug or device or an offer to sell, purchase or trade a prescription drug or device for emergency medical reasons; (3) intracompany transactions, as defined in this section, unless in violation of own use provisions; (4) the sale, purchase or trade of a prescription drug or device or an offer to sell, purchase or trade a prescription drug or device among hospitals, chain pharmacy warehouses, pharmacies or other health care entities that are under common control; (5) the sale, purchase or trade of a prescription drug or device or the offer to sell, purchase or trade a prescription drug or device by a charitable organization described in 503(c)(3) of the internal revenue code of 1954 to a nonprofit affiliate of the organization to the extent otherwise permitted by law; (6) the purchase or other acquisition by a hospital or other similar health care entity that is a member of a group purchasing organization of a prescription drug or device for its own use from the group purchasing organization or from other hospitals or similar health care entities that are members of these organizations; (7) the transfer of prescription drugs or devices between pharmacies pursuant to a centralized prescription processing agreement; (8) the sale, purchase or trade of blood and blood components intended for transfusion; (9) the return of recalled, expired, damaged or otherwise non-salable prescription drugs, when conducted by a hospital, health care entity, pharmacy, chain pharmacy warehouse or charitable institution in accordance with the boards rules and regulations; (10) the sale, transfer, merger or consolidation of all or part of the business of a retail pharmacy or pharmacies from or with another retail pharmacy or pharmacies, whether accomplished as a purchase and sale of stock or business assets, in accordance with the boards rules and regulations; (11) the distribution of drug samples by manufacturers and authorized distributors representatives; (12) the sale of minimal quantities of drugs by retail pharmacies to licensed practitioners for office use; or (13) the sale or transfer from a retail pharmacy or chain pharmacy warehouse of expired, damaged, returned or recalled prescription drugs to the original manufacturer, originating wholesale distributor or to a third party returns processor in accordance with the boards rules and regulations. Sec. 56. On and after January 1, 2012, K.S.A. 2010 Supp. 65-2921 is hereby amended to read as follows: 65-2921. (a) Except as otherwise provided in subsection (b), (c) or (d), a physical therapist may evaluate patients without physician referral but may initiate treatment only after approval by a licensed physician, a licensed podiatrist, a licensed physician assistant or an a licensed advanced practice registered nurse practitioner working pursuant to the order or direction of a licensed physician, a licensed chiropractor, a licensed dentist or licensed optometrist in appropriately related cases. Physical therapists may initiate physical therapy treatment with the approval of a practitioner of the healing arts duly licensed under the laws of another state and may provide such treatment based upon an order by such practitioner in any setting in which physical therapists would be authorized to provide such treatment with the approval of a physician licensed by the board, notwithstanding any provisions of the Kansas healing arts act or any rules and regulations adopted by the board thereunder. (b) Physical therapists may evaluate and treat a patient for no more than 30 consecutive calendar days without a referral under the follow-
ing conditions: (1) The patient has previously been referred to a physical therapist for physical therapy services by a person authorized by this section to approve treatment; (2) the patients referral for physical therapy was made within one year from the date a physical therapist implements a program of physical therapy treatment without a referral; (3) the physical therapy being provided to the patient without referral is for the same injury, disease or condition as indicated in the referral for such previous injury, disease or condition; and (4) the physical therapist transmits to the physician or other practitioner identified by the patient a copy of the initial evaluation no later than five business days after treatment commences. Treatment of such patient for more than 30 consecutive calendar days of such patient shall only be upon the approval of a person authorized by this section to approve treatment. (c) Physical therapists may provide, without a referral, services which do not constitute treatment for a specific condition, disease or injury to: (1) Employees solely for the purpose of education and instruction related to workplace injury prevention; or (2) the public for the purpose of fitness, health promotion and education. (d) Physical therapists may provide services without a referral to special education students who need physical therapy services to fulfill the provisions of their individualized education plan (IEP) or individualized family service plan (IFSP). Sec. 57. On January 1, 2012, K.S.A. 2010 Supp. 65-4101 is hereby amended to read as follows: 65-4101. As used in this act: (a) Administer means the direct application of a controlled substance, whether by injection, inhalation, ingestion or any other means, to the body of a patient or research subject by: (1) A practitioner or pursuant to the lawful direction of a practitioner; or (2) the patient or research subject at the direction and in the presence of the practitioner. (b) Agent means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor or dispenser. It does not include a common carrier, public warehouseman or employee of the carrier or warehouseman. (c) Board means the state board of pharmacy. (d) Bureau means the bureau of narcotics and dangerous drugs, United States department of justice, or its successor agency. (e) Controlled substance means any drug, substance or immediate precursor included in any of the schedules designated in K.S.A. 654105, 65-4107, 65-4109, 65-4111 and 65-4113, and amendments to these sections thereto. (f) Counterfeit substance means a controlled substance which, or the container or labeling of which, without authorization bears the trademark, trade name or other identifying mark, imprint, number or device or any likeness thereof of a manufacturer, distributor or dispenser other than the person who in fact manufactured, distributed or dispensed the substance. (g) Deliver or delivery means the actual, constructive or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship. (h) Dispense means to deliver a controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the packaging, labeling or compounding necessary to prepare the substance for that delivery, or pursuant to the prescription of a mid-level practitioner. (i) Dispenser means a practitioner or pharmacist who dispenses. (j) Distribute means to deliver other than by administering or dispensing a controlled substance. (k) Distributor means a person who distributes. (l) Drug means: (1) Substances recognized as drugs in the official United States pharmacopoeia, official homeopathic pharmacopoeia of the United States or official national formulary or any supplement to any of them; (2) substances intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in man or animals; (3) substances (other than food) intended to affect the structure or any function of the body of man or animals; and (4) substances intended for use as a component of any article specified in clause (1), (2) or (3) of this subsection. It does not include devices or their components, parts or accessories. (m) Immediate precursor means a substance which the board has found to be and by rule and regulation designates as being the principal compound commonly used or produced primarily for use and which is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail or limit manufacture. (n) Manufacture means the production, preparation, propagation, compounding, conversion or processing of a controlled substance either directly or indirectly or by extraction from substances of natural (continued)
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origin or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis and includes any packaging or repackaging of the substance or labeling or relabeling of its container, except that this term does not include the preparation or compounding of a controlled substance by an individual for the individuals own lawful use or the preparation, compounding, packaging or labeling of a controlled substance: (1) By a practitioner or the practitioners agent pursuant to a lawful order of a practitioner as an incident to the practitioners administering or dispensing of a controlled substance in the course of the practitioners professional practice; or (2) by a practitioner or by the practitioners authorized agent under such practitioners supervision for the purpose of or as an incident to research, teaching or chemical analysis or by a pharmacist or medical care facility as an incident to dispensing of a controlled substance. (o) Marijuana means all parts of all varieties of the plant Cannabis whether growing or not, the seeds thereof, the resin extracted from any part of the plant and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks, except the resin extracted therefrom, fiber, oil, or cake or the sterilized seed of the plant which is incapable of germination. (p) Narcotic drug means any of the following whether produced directly or indirectly by extraction from substances of vegetable origin or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis: (1) Opium and opiate and any salt, compound, derivative or preparation of opium or opiate; (2) any salt, compound, isomer, derivative or preparation thereof which is chemically equivalent or identical with any of the substances referred to in clause (1) but not including the isoquinoline alkaloids of opium; (3) opium poppy and poppy straw; (4) coca leaves and any salt, compound, derivative or preparation of coca leaves, and any salt, compound, isomer, derivative or preparation thereof which is chemically equivalent or identical with any of these substances, but not including decocainized coca leaves or extractions of coca leaves which do not contain cocaine or ecgonine. (q) Opiate means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. It does not include, unless specifically designated as controlled under K.S.A. 65-4102, and amendments thereto, the dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan). It does include its racemic and levorotatory forms. (r) Opium poppy means the plant of the species Papaver somniferum l. except its seeds. (s) Person means individual, corporation, government, or governmental subdivision or agency, business trust, estate, trust, partnership or association or any other legal entity. (t) Poppy straw means all parts, except the seeds, of the opium poppy, after mowing. (u) Pharmacist means an individual currently licensed by the board to practice the profession of pharmacy in this state. (v) Practitioner means a person licensed to practice medicine and surgery, dentist, podiatrist, veterinarian, optometrist licensed under the optometry law as a therapeutic licensee or diagnostic and therapeutic licensee, or scientific investigator or other person authorized by law to use a controlled substance in teaching or chemical analysis or to conduct research with respect to a controlled substance. (w) Production includes the manufacture, planting, cultivation, growing or harvesting of a controlled substance. (x) Ultimate user means a person who lawfully possesses a controlled substance for such persons own use or for the use of a member of such persons household or for administering to an animal owned by such person or by a member of such persons household. (y) Isomer means all enantiomers and diastereomers. (z) Medical care facility shall have the meaning ascribed to that term in K.S.A. 65-425, and amendments thereto. (aa) Cultivate means the planting or promotion of growth of five or more plants which contain or can produce controlled substances. (bb) (1) Controlled substance analog means a substance that is intended for human consumption, and: (A) The chemical structure of which is substantially similar to the chemical structure of a controlled substance listed in or added to the schedules designated in K.S.A. 65-4105 or 65-4107, and amendments thereto; (B) which has a stimulant, depressant or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant
or hallucinogenic effect on the central nervous system of a controlled substance included in the schedules designated in K.S.A. 65-4105 or 654107, and amendments thereto; or (C) with respect to a particular individual, which the individual represents or intends to have a stimulant, depressant or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant or hallucinogenic effect on the central nervous system of a controlled substance included in the schedules designated in K.S.A. 654105 or 65-4107, and amendments thereto. (2) Controlled substance analog does not include: (A) A controlled substance; (B) a substance for which there is an approved new drug application; or (C) a substance with respect to which an exemption is in effect for investigational use by a particular person under section 505 of the federal food, drug, and cosmetic act (21 U.S.C. 355) to the extent conduct with respect to the substance is permitted by the exemption. (cc) Mid-level practitioner means an advanced practice registered nurse practitioner issued a certificate of qualification license pursuant to K.S.A. 65-1131, and amendments thereto, who has authority to prescribe drugs pursuant to a written protocol with a responsible physician under K.S.A. 65-1130, and amendments thereto, or a physician assistant licensed under the physician assistant licensure act who has authority to prescribe drugs pursuant to a written protocol with a responsible physician under K.S.A. 65-28a08, and amendments thereto. Sec. 58. On January 1, 2012, K.S.A. 2010 Supp. 65-5402 is hereby amended to read as follows: 65-5402. As used in K.S.A. 65-5401 to 655417, inclusive, and K.S.A. 65-5418 to 65-5420, inclusive, and amendments thereto: (a) Board means the state board of healing arts. (b) Practice of occupational therapy means the therapeutic use of purposeful and meaningful occupations (goal-directed activities) to evaluate and treat, pursuant to the referral, supervision, order or direction of a physician, a licensed podiatrist, a licensed dentist, a licensed physician assistant, or an a licensed advanced practice registered nurse practitioner working pursuant to the order or direction of a person licensed to practice medicine and surgery, a licensed chiropractor, or a licensed optometrist, individuals who have a disease or disorder, impairment, activity limitation or participation restriction that interferes with their ability to function independently in daily life roles and to promote health and wellness. Occupational therapy intervention may include: (1) Remediation or restoration of performance abilities that are limited due to impairment in biological, physiological, psychological or neurological cognitive processes; (2) adaptation of tasks, process, or the environment or the teaching of compensatory techniques in order to enhance performance; (3) disability prevention methods and techniques that facilitate the development or safe application of performance skills; and (4) health promotion strategies and practices that enhance performance abilities. (c) Occupational therapy services include, but are not limited to: (1) Evaluating, developing, improving, sustaining, or restoring skills in activities of daily living (ADL), work or productive activities, including instrumental activities of daily living (IADL) and play and leisure activities; (2) evaluating, developing, remediating, or restoring sensorimotor, cognitive or psychosocial components of performance; (3) designing, fabricating, applying, or training in the use of assistive technology or orthotic devices and training in the use of prosthetic devices; (4) adapting environments and processes, including the application of ergonomic principles, to enhance performance and safety in daily life roles; (5) applying physical agent modalities as an adjunct to or in preparation for engagement in occupations; (6) evaluating and providing intervention in collaboration with the client, family, caregiver or others; (7) educating the client, family, caregiver or others in carrying out appropriate nonskilled interventions; and (8) consulting with groups, programs, organizations or communities to provide population-based services. (d) Occupational therapist means a person licensed to practice occupational therapy as defined in this act. (e) Occupational therapy assistant means a person licensed to assist in the practice of occupational therapy under the supervision of an occupational therapist. (f) Person means any individual, partnership, unincorporated organization or corporation.
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(g) Physician means a person licensed to practice medicine and surgery. (h) Occupational therapy aide, occupational therapy tech or occupational therapy paraprofessional means a person who provides supportive services to occupational therapists and occupational therapy assistants in accordance with K.S.A. 65-5419, and amendments thereto. Sec. 59. On January 1, 2012, K.S.A. 2010 Supp. 65-6112, as amended by section 82 of this act, is hereby amended to read as follows: 65-6112. As used in this act: (a) Administrator means the executive director of the emergency medical services board. (b) Advanced emergency medical technician means a person who holds an advanced emergency medical technician certificate issued pursuant to this act. (c) Advanced practice registered nurse practitioner means an advanced practice registered nurse practitioner as defined in K.S.A. 651113, and amendments thereto. (d) Ambulance means any privately or publicly owned motor vehicle, airplane or helicopter designed, constructed, prepared, staffed and equipped for use in transporting and providing emergency care for individuals who are ill or injured. (e) Ambulance service means any organization operated for the purpose of transporting sick or injured persons to or from a place where medical care is furnished, whether or not such persons may be in need of emergency or medical care in transit. (f) Attendant means a first responder, an emergency medical responder, emergency medical technician, emergency medical technicianintermediate, emergency medical technician-defibrillator, emergency medical technician-intermediate/defibrillator, advanced emergency medical technician, mobile intensive care technician or paramedic certified pursuant to this act. (g) Board means the emergency medical services board established pursuant to K.S.A. 65-6102, and amendments thereto. (h) Emergency medical service means the effective and coordinated delivery of such care as may be required by an emergency which includes the care and transportation of individuals by ambulance services and the performance of authorized emergency care by a physician, advanced practice registered nurse practitioner, professional nurse, a licensed physician assistant or attendant. (i) Emergency medical technician means a person who holds an emergency medical technician certificate issued pursuant to this act. (j) Emergency medical technician-defibrillator means a person who holds an emergency medical technician-defibrillator certificate issued pursuant to this act. (k) Emergency medical technician-intermediate means a person who holds an emergency medical technician-intermediate certificate issued pursuant to this act. (l) Emergency medical technician-intermediate/defibrillator means a person who holds both an emergency medical technician-intermediate and emergency medical technician-defibrillator certificate issued pursuant to this act. (m) Emergency medical responder means a person who holds an emergency medical responder certificate issued pursuant to this act. (n) First responder means a person who holds a first responder certificate issued pursuant to this act. (o) Hospital means a hospital as defined by K.S.A. 65-425, and amendments thereto. (p) Instructor-coordinator means a person who is certified under this act to teach initial certification and continuing education classes. (q) Medical director means a physician. (r) Medical protocols mean written guidelines which authorize attendants to perform certain medical procedures prior to contacting a physician, physician assistant authorized by a physician, advanced practice registered nurse practitioner authorized by a physician or professional nurse authorized by a physician. The medical protocols shall be approved by a county medical society or the medical staff of a hospital to which the ambulance service primarily transports patients, or if neither of the above are able or available to approve the medical protocols, then the medical protocols shall be submitted to the medical advisory council for approval. (s) Mobile intensive care technician means a person who holds a mobile intensive care technician certificate issued pursuant to this act. (t) Municipality means any city, county, township, fire district or ambulance service district. (u) Nonemergency transportation means the care and transport of a sick or injured person under a foreseen combination of circumstances calling for continuing care of such person. As used in this subsection, transportation includes performance of the authorized level of
services of the attendant whether within or outside the vehicle as part of such transportation services. (v) Operator means a person or municipality who has a permit to operate an ambulance service in the state of Kansas. (w) Paramedic means a person who holds a paramedic certificate issued pursuant to this act. (x) Person means an individual, a partnership, an association, a joint-stock company or a corporation. (y) Physician means a person licensed by the state board of healing arts to practice medicine and surgery. (z) Physician assistant means a person who is licensed under the physician assistant licensure act and who is acting under the direction of a responsible physician. (aa) Professional nurse means a licensed professional nurse as defined by K.S.A. 65-1113, and amendments thereto. (bb) Provider of training means a corporation, partnership, accredited postsecondary education institution, ambulance service, fire department, hospital or municipality that conducts training programs that include, but are not limited to, initial courses of instruction and continuing education for attendants, instructor-coordinators or training officers. (cc) Responsible physician means responsible physician as such term is defined under K.S.A. 65-28a02, and amendments thereto. (dd) Training officer means a person who is certified pursuant to this act to teach, coordinate or both, initial courses of instruction for first responders or emergency medical responders and continuing education as prescribed by the board. Sec. 60. On January 1, 2012, K.S.A. 2010 Supp. 65-6119 is hereby amended to read as follows: 65-6119. (a) Notwithstanding any other provision of law, mobile intensive care technicians may: (1) Perform all the authorized activities identified in K.S.A. 65-6120, 65-6121, 65-6123, 65-6144, and amendments thereto; (2) when voice contact or a telemetered electrocardiogram is monitored by a physician, physician assistant where authorized by a physician, an advanced practice registered nurse practitioner where authorized by a physician or licensed professional nurse where authorized by a physician and direct communication is maintained, and upon order of such person may administer such medications or procedures as may be deemed necessary by a person identified in subsection (a)(2); (3) perform, during an emergency, those activities specified in subsection (a)(2) before contacting a person identified in subsection (a)(2) when specifically authorized to perform such activities by medical protocols; and (4) perform, during nonemergency transportation, those activities specified in this section when specifically authorized to perform such activities by medical protocols. (b) An individual who holds a valid certificate as a mobile intensive care technician once meeting the continuing education requirements prescribed by the rules and regulations of the board, upon application for renewal, shall be deemed to hold a certificate as a paramedic under this act, and such individual shall not be required to file an original application as a paramedic for certification under this act. (c) Renewal as used in subsection (b), refers to the first opportunity that a mobile intensive care technician has to apply for renewal of a certificate following the effective date of this act. (d) Upon transition notwithstanding any other provision of law, a paramedic may: (1) Perform all the authorized activities identified in K.S.A. 65-6120, 65-6121, 65-6144, and amendments thereto; (2) when voice contact or a telemetered electrocardiogram is monitored by a physician, physician assistant where authorized by a physician or an advanced practice registered nurse practitioner where authorized by a physician or licensed professional nurse where authorized by a physician and direct communication is maintained, and upon order of such person, may administer such medications or procedures as may be deemed necessary by a person identified in subsection (d)(2); (3) perform, during an emergency, those activities specified in subsection (d)(2) before contacting a person identified in subsection (d)(2) when specifically authorized to perform such activities by medical protocols; and (4) perform, during nonemergency transportation, those activities specified in this section when specifically authorized to perform such activities by medical protocols. Sec. 61. On January 1, 2012, K.S.A. 2010 Supp. 65-6120, as amended by section 83 of this act, is hereby amended to read as follows: 65-6120. (a) Notwithstanding any other provision of law to the contrary, an emergency medical technician-intermediate may: (continued)
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(1) Perform any of the activities identified by K.S.A. 65-6121, and amendments thereto; (2) when approved by medical protocols or where voice contact by radio or telephone is monitored by a physician, physician assistant where authorized by a physician, advanced practice registered nurse practitioner where authorized by a physician or licensed professional nurse where authorized by a physician, and direct communication is maintained, upon order of such person, may perform veni-puncture for the purpose of blood sampling collection and initiation and maintenance of intravenous infusion of saline solutions, dextrose and water solutions or ringers lactate IV solutions, endotracheal intubation and administration of nebulized albuterol; (3) perform, during an emergency, those activities specified in subsection (a)(2) before contacting the persons identified in subsection (a)(2) when specifically authorized to perform such activities by medical protocols; or (4) perform, during nonemergency transportation, those activities specified in this section when specifically authorized to perform such activities by medical protocols. (b) An individual who holds a valid certificate as an emergency medical technician-intermediate once successfully completing the board prescribed transition course, and validation of cognitive and psychomotor competency as determined by rules and regulations of the board, may apply to transition to become an advanced emergency medical technician. Alternatively, upon application for renewal, such individual shall be deemed to hold a certificate as an advanced emergency medical technician under this act, provided such individual has completed all continuing education hour requirements inclusive of the successful completion of a transition course and such individual shall not be required to file an original application for certification as an advanced emergency medical technician under this act. (c) Renewal as used in subsection (b), refers to the first or second opportunity after December 31, 2011, that an emergency medical technician-intermediate has to apply for renewal of a certificate. (d) Emergency medical technician-intermediates who fail to meet the transition requirements as specified may complete either the board prescribed emergency medical technician transition course or emergency medical responder transition course, provide validation of cognitive and psychomotor competency and all continuing education hour requirements inclusive of the successful completion of a transition course as determined by rules and regulations of the board. Upon completion, such emergency medical technician-intermediate may apply to transition to become an emergency medical technician or an emergency medical responder, depending on the transition course that was successfully completed. Alternatively, upon application for renewal of an emergency medical technician-intermediate certificate, the applicant shall be renewed as an emergency medical technician or an emergency medical responder, depending on the transition course that was successfully completed. Such individual shall not be required to file an original application for certification as an emergency medical technician or emergency medical responder. (e) Failure to successfully complete either an advanced emergency medical technician transition course, an emergency medical technician transition course or emergency medical responder transition course will result in loss of certification. (f) Upon transition, notwithstanding any other provision of law to the contrary, an advanced emergency medical technician may: (1) Perform any of the activities identified by K.S.A. 65-6121, and amendments thereto; and (2) perform any of the following interventions, by use of the devices, medications and equipment, or any combination thereof, as specifically identified in rules and regulations, after successfully completing an approved course of instruction, local specialized device training and competency validation and when authorized by medical protocols, or upon order when direct communication is maintained by radio, telephone or video conference with a physician, physician assistant where authorized by a physician, an advanced practice registered nurse practitioner where authorized by a physician, or licensed professional nurse where authorized by a physician upon order of such a person: (A) Continuous positive airway pressure devices; (B) advanced airway management; (C) referral of patient of alternate medical care site based on assessment; (D) transportation of a patient with a capped arterial line; (E) veni-puncture for obtaining blood sample; (F) initiation and maintenance of intravenous infusion or saline lock; (G) initiation of intraosseous infusion; (H) nebulized therapy; (I) manual defibrillation and cardioversion; (J) cardiac monitoring; (K) electrocardiogram interpretation; (L) administration of generic or trade name medications by one or more of the following methods: (i) Aerosolization; (ii) nebulization; (iii) intravenous;
(iv) intranasal; (v) rectal; (vi) subcutaneous; (vii) intraosseous; (viii) intramuscular; or (ix) sublingual. (g) An individual who holds a valid certificate as both an emergency medical technician-intermediate and as an emergency medical technician-defibrillator once successfully completing the board prescribed transition course, and validation of cognitive and psychomotor competency as determined by rules and regulations of the board, may apply to transition to an advanced emergency medical technician. Alternatively, upon application for renewal, such individual shall be deemed to hold a certificate as an advanced emergency medical technician under this act, provided such individual has completed all continuing education hour requirements inclusive of successful completion of a transition course, and such individual shall not be required to file an original application for certification as an advanced emergency medical technician under this act. (h) Renewal as used in subsection (g), refers to the first or second opportunity after December 31, 2011, that an emergency medical technician-intermediate and emergency medical technician-defibrillator has to apply for renewal of a certificate. (i) An individual who holds both an emergency medical technicianintermediate certificate and an emergency medical technician-defibrillator certificate, who fails to meet the transition requirements as specified may complete either the board prescribed emergency medical technician transition course or emergency medical responder transition course, and provide validation of cognitive and psychomotor competency and all continuing education hour requirements inclusive of successful completion of a transition course as determined by rules and regulations of the board. Upon completion, such individual may apply to transition to become an emergency medical technician or emergency medical responder, depending on the transition course that was successfully completed. Alternatively, upon application for renewal of an emergency medical technician-intermediate certificate and an emergency medical technician-defibrillator certificate, the applicant shall be renewed as an emergency medical technician or an emergency medical responder, depending on the transition course that was successfully completed. Such individual shall not be required to file an original application for certification as an emergency medical technician or emergency medical responder. (j) Failure to successfully complete either the advanced emergency medical technician transition requirements, an emergency medical technician transition course or the emergency medical responder transition course will result in loss of certification. Sec. 62. On January 1, 2012, K.S.A. 2010 Supp. 65-6121, as amended by section 84 of this act, is hereby amended to read as follows: 65-6121. (a) Notwithstanding any other provision of law to the contrary, an emergency medical technician may perform any of the following activities: (1) Patient assessment and vital signs; (2) airway maintenance including the use of: (A) Oropharyngeal and nasopharyngeal airways; (B) esophageal obturator airways with or without gastric suction device; (C) multi-lumen airway; and (D) oxygen demand valves. (3) Oxygen therapy; (4) oropharyngeal suctioning; (5) cardiopulmonary resuscitation procedures; (6) control accessible bleeding; (7) apply pneumatic anti-shock garment; (8) manage outpatient medical emergencies; (9) extricate patients and utilize lifting and moving techniques; (10) manage musculoskeletal and soft tissue injuries including dressing and bandaging wounds or the splinting of fractures, dislocations, sprains or strains; (11) use of backboards to immobilize the spine; (12) administer activated charcoal and glucose; (13) monitor intravenous line delivering intravenous fluids during interfacility transport with the following restrictions: (A) The physician approves the transfer by an emergency medical technician; (B) no medications or nutrients have been added to the intravenous fluids; and (C) the emergency medical technician may monitor, maintain and shut off the flow of intravenous fluid; (14) use automated external defibrillators; (15) administer epinephrine auto-injectors provided that: (A) The emergency medical technician successfully completes a course of instruction approved by the board in the administration of epinephrine;
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(B) the emergency medical technician serves with an ambulance service or a first response organization that provides emergency medical services; and (C) the emergency medical technician is acting pursuant to medical protocols; (16) perform, during nonemergency transportation, those activities specified in this section when specifically authorized to perform such activities by medical protocols; or (17) when authorized by medical protocol, assist the patient in the administration of the following medications which have been prescribed for that patient: Auto-injection epinephrine, sublingual nitroglycerin and inhalers for asthma and emphysema. (b) An individual who holds a valid certificate as an emergency medical technician at the current basic level once successfully completing the board prescribed transition course, and validation of cognitive and psychomotor competency as determined by rules and regulations of the board, may apply to transition to become an emergency medical technician. Alternatively, upon application for renewal, such individual shall be deemed to hold a certificate as an emergency medical technician under this act, provided such individual has completed all continuing education hour requirements inclusive of successful completion of a transition course, and such individual shall not be required to file an original application for certification as an emergency medical technician. (c) Renewal as used in subsection (b), refers to the first opportunity after December 31, 2011, that an emergency medical technician has to apply for renewal of a certificate following the effective date of this act. (d) Emergency medical technicians who fail to meet the transition requirements as specified may successfully complete the board prescribed emergency medical responder transition course, provide validation of cognitive and psychomotor competency and all continuing education hour requirements inclusive of the successful completion of a transition course as determined by rules and regulations of the board. Alternatively, upon application for renewal of an emergency medical technician certificate, the applicant shall be deemed to hold a certificate as an emergency medical responder under this act, and such individual shall not be required to file an original application for certification as an emergency medical responder. (e) Failure to successfully complete either an emergency medical technician transition course or emergency medical responder transition course will result in loss of certification. (f) Upon transition, notwithstanding any other provision of law to the contrary, an emergency medical technician may perform any activities identified in K.S.A. 65-6144, and amendments thereto, and any of the following interventions, by use of the devices, medications and equipment, or any combination thereof, after successfully completing an approved course of instruction, local specialized device training and competency validation and when authorized by medical protocols, or upon order when direct communication is maintained by radio, telephone or video conference is monitored by a physician, physician assistant when authorized by a physician, an advanced practice registered nurse practitioner when authorized by a physician or a licensed professional nurse when authorized by a physician, upon order of such person: (1) Airway maintenance including use of: (A) Single lumen airways as approved by the board; (B) multilumen airways; (C) ventilator devices; (D) forceps removal of airway obstruction; (E) CO2 monitoring; (F) airway suctioning; (2) apply pneumatic anti-shock garment; (3) assist with childbirth; (4) monitoring urinary catheter; (5) capillary blood sampling; (6) cardiac monitoring; (7) administration of patient assisted medications as approved by the board; (8) administration of medications as approved by the board by appropriate routes; and (9) monitor, maintain or discontinue flow of IV line if a physician approves transfer by an emergency medical technician. Sec. 63. On January 1, 2012, K.S.A. 2010 Supp. 65-6123, as amended by section 85 of this act, is hereby amended to read as follows: 65-6123. (a) Notwithstanding any other provision of law to the contrary, an emergency medical technician-defibrillator may: (1) Perform any of the activities identified in K.S.A. 65-6121, and amendments thereto;
(2) when approved by medical protocols or where voice contact by radio or telephone is monitored by a physician, physician assistant where authorized by a physician, advanced practice registered nurse practitioner where authorized by a physician, or licensed professional nurse where authorized by a physician, and direct communication is maintained, upon order of such person, may perform electrocardiographic monitoring and defibrillation; (3) perform, during an emergency, those activities specified in subsection (b) before contacting the persons identified in subsection (b) when specifically authorized to perform such activities by medical protocols; or (4) perform, during nonemergency transportation, those activities specified in this section when specifically authorized to perform such activities by medical protocols. (b) An individual who holds a valid certificate as an emergency medical technician-defibrillator once successfully completing an emergency medical technician-intermediate, initial course of instruction and the board prescribed transition course, and validation of cognitive and psychomotor competency as determined by rules and regulations of the board, may apply to transition to become an advanced emergency medical technician. Alternatively, upon application for renewal, such individual shall be deemed to hold a certificate as an advanced emergency medical technician under this act, provided such individual has completed all continuing education hour requirements inclusive of successful completion of a transition course, and such individual shall not be required to file an original application for certification as an advanced emergency medical technician. (c) Renewal as used in subsection (b), refers to the second opportunity after December 31, 2011, that an attendant has to apply for renewal of a certificate. (d) Emergency medical technician-defibrillator attendants who fail to meet the transition requirements as specified may complete either the board prescribed emergency medical technician transition course or emergency medical responder transition course, provide validation of cognitive and psychomotor competency provided such individual has completed all continuing education hour requirements inclusive of the successful completion of a transition course as determined by rules and regulations of the board. Upon completion, such emergency medical technician-defibrillator may apply to transition to become an emergency medical technician or an emergency medical responder, depending on the transition course that was successfully completed. Alternatively, upon application for renewal of an emergency medical technician-defibrillator certificate, the applicant shall be renewed as an emergency medical technician or an emergency medical responder, depending on the transition course that was successfully completed. Such individual shall not be required to file an original application for certification as an emergency medical technician or emergency medical responder. (e) Failure to complete either the advanced emergency medical technician transition requirements, an emergency medical technician transition course or an emergency medical responder transition course will result in loss of certification. Sec. 64. On January 1, 2012, K.S.A. 2010 Supp. 65-6124, as amended by section 86 of this act, is hereby amended to read as follows: 65-6124. (a) No physician, physician assistant, advanced practice registered nurse practitioner or licensed professional nurse, who gives emergency instructions to an attendant as defined by K.S.A. 65-6112, and amendments thereto, during an emergency, shall be liable for any civil damages as a result of issuing the instructions, except such damages which may result from gross negligence in giving such instructions. (b) No attendant as defined by K.S.A. 65-6112, and amendments thereto, who renders emergency care during an emergency pursuant to instructions given by a physician, the responsible physician for a physician assistant, advanced practice registered nurse practitioner or licensed professional nurse shall be liable for civil damages as a result of implementing such instructions, except such damages which may result from gross negligence or by willful or wanton acts or omissions on the part of such attendant as defined by K.S.A. 65-6112, and amendments thereto. (c) No person certified as an instructor-coordinator and no training officer shall be liable for any civil damages which may result from such instructor-coordinators or training officers course of instruction, except such damages which may result from gross negligence or by willful or wanton acts or omissions on the part of the instructor-coordinator or training officer. (d) No medical adviser who reviews, approves and monitors the activities of attendants shall be liable for any civil damages as a result of such review, approval or monitoring, except such damages which (continued)
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may result from gross negligence in such review, approval or monitoring. Sec. 65. On January 1, 2012, K.S.A. 2010 Supp. 65-6129c is hereby amended to read as follows: 65-6129c. (a) Application for a training officers certificate shall be made to the emergency medical services board upon forms provided by the administrator. The board may grant a training officers certificate to an applicant who: (1) Is an emergency medical technician, emergency medical technician-intermediate, emergency medical technician-defibrillator, mobile intensive care technician, advanced emergency medical technician, paramedic, physician, physician assistant, advanced practice registered nurse practitioner or professional nurse; (2) successfully completes an initial course of training approved by the board; (3) passes an examination prescribed by the board; (4) is appointed by a provider of training approved by the board; and (5) has paid a fee established by the board. (b) A training officers certificate shall expire on the expiration date of the attendants certificate if the training officer is an attendant or on the expiration date of the physicians, physician assistants, advanced practice registered nurse practitioners nurses or professional nurses license if the training officer is a physician, physician assistant, advanced practice registered nurse practitioner or professional nurse. A training officers certificate may be renewed for the same period as the attendants certificate or the physicians, physician assistants, advanced practice registered nurse practitioners nurses or professional nurses license upon payment of a fee as prescribed by rules and regulations and upon presentation of satisfactory proof that the training officer has successfully completed continuing education prescribed by the board and is certified as an emergency medical technician, emergency medical technician-intermediate, emergency medical technician-defibrillator, mobile-intensive care technician, advanced emergency medical technician, paramedic, physician, physician assistant, advanced practice registered nurse practitioner or professional nurse. The board may prorate to the nearest whole month the fee fixed under this subsection as necessary to implement the provisions of this subsection. (c) A training officers certificate may be denied, revoked, limited, modified or suspended by the board or the board may refuse to renew such certificate if such individual: (1) Fails to maintain certification or licensure as an emergency medical technician, emergency medical technician-intermediate, emergency medical technician-defibrillator, mobile intensive care technician, advanced emergency medical technician, paramedic, physician, physician assistant, advanced practice registered nurse practitioner or professional nurse; (2) fails to maintain support of appointment by a provider of training; (3) fails to successfully complete continuing education; (4) has made intentional misrepresentations in obtaining a certificate or renewing a certificate; (5) has demonstrated incompetence or engaged in unprofessional conduct as defined by rules and regulations adopted by the board; (6) has violated or aided and abetted in the violation of any provision of this act or the rules and regulations promulgated by the board; or (7) has been convicted of any state or federal crime that is related substantially to the qualifications, functions and duties of a training officer or any crime punishable as a felony under any state or federal statute and the board determines that such individual has not been sufficiently rehabilitated to warrant public trust. A conviction means a plea of guilty, a plea of nolo contendere or a verdict of guilty. The board may take disciplinary action pursuant to this section when the time for appeal has elapsed, or after the judgment of conviction is affirmed on appeal or when an order granting probation is made suspending the imposition of sentence. (d) The board may revoke, limit, modify or suspend a certificate or the board may refuse to renew such certificate in accordance with the provisions of the Kansas administrative procedure act. (e) If a person who previously was certified as a training officer applies for a training officers certificate within two years of the date of its expiration, the board may grant a certificate without the person completing an initial course of training or taking an examination if the person complies with the other provisions of subsection (a) and completes continuing education requirements. Sec. 66. On January 1, 2012, K.S.A. 2010 Supp. 65-6135 is hereby amended to read as follows: 65-6135. (a) All ambulance services providing emergency care as defined by the rules and regulations adopted by the board shall offer service 24 hours per day every day of the year. (b) Whenever an operator is required to have a permit, at least one person on each vehicle providing emergency medical service shall be
an attendant certified as an emergency medical technician, emergency medical technician-intermediate, emergency medical technician-defibrillator, a mobile intensive care technician, emergency medical technician-intermediate/defibrillator, advanced emergency medical technician, a paramedic, a physician, a licensed physician assistant, an a licensed advanced practice registered nurse practitioner or a professional nurse. Sec. 67. On January 1, 2012, K.S.A. 2010 Supp. 65-6144, as amended by section 91 of this act, is hereby amended to read as follows: 65-6144. (a) A first responder may perform any of the following activities: (1) Initial scene management including, but not limited to, gaining access to the individual in need of emergency care, extricating, lifting and moving the individual; (2) cardiopulmonary resuscitation and airway management; (3) control of bleeding; (4) extremity splinting excluding traction splinting; (5) stabilization of the condition of the individual in need of emergency care; (6) oxygen therapy; (7) use of oropharyngeal airways; (8) use of bag valve masks; (9) use automated external defibrillators; and (10) other techniques of preliminary care a first responder is trained to provide as approved by the board. (b) An individual who holds a valid certificate as a first responder, once completing the board prescribed transition course, and validation of cognitive and psychomotor competency as determined by rules and regulations of the board, may apply to transition to become an emergency medical responder. Alternatively, upon application for renewal of such certificate, such individual shall be deemed to hold a certificate as an emergency medical responder under this act, provided such individual has completed all continuing education hour requirements inclusive of a transition course and such individual shall not be required to file an original application for certification as an emergency medical responder. (c) Renewal as used in subsection (b), refers to the first opportunity after December 31, 2011, that an attendant has to apply for renewal of a certificate. (d) First responder attendants who fail to meet the transition requirements as specified will forfeit their certification. (e) Upon transition, notwithstanding any other provision of law to the contrary, an emergency medical responder may perform any of the following interventions, by use of the devices, medications and equipment, or any combination thereof, after successfully completing an approved course of instruction, local specialized device training and competency validation and when authorized by medical protocols, or upon order when direct communication is maintained by radio, telephone or video conference is monitored by a physician, physician assistant when authorized by a physician, an advanced practice registered nurse practitioner when authorized by a physician or a licensed professional nurse when authorized by a physician, upon order of such person: (1) Emergency vehicle operations; (2) initial scene management; (3) patient assessment and stabilization; (4) cardiopulmonary resuscitation and airway management; (5) control of bleeding; (6) extremity splinting; (7) spinal immobilization; (8) oxygen therapy; (9) use of bag-valve-mask; (10) use of automated external defibrillator; (11) nebulizer therapy; (12) intramuscular injections with auto-injector; (13) administration of oral glucose; (14) administration of aspirin; (15) recognize and comply with advanced directives; (16) insertion and maintenance of oral and nasal pharyngeal airways; (17) use of blood glucose monitoring; and (18) other techniques and devices of preliminary care an emergency medical responder is trained to provide as approved by the board. Sec. 68. On January 1, 2012, K.S.A. 2010 Supp. 72-5213 is hereby amended to read as follows: 72-5213. (a) Every board of education shall require all employees of the school district, who come in regular contact with the pupils of the school district, to submit a certification of health on a form prescribed by the secretary of health and environment and signed by a person licensed to practice medicine and surgery under the laws of any state, or by a person who is licensed as a physician assistant under the laws of this state when such person is working at the direction of or in collaboration with a person licensed to practice medicine and surgery, or by a person holding a license certificate of qualification to practice as an advanced practice registered nurse practitioner under the laws of this state when such person is working at the direction of or in collaboration with a person licensed to practice medicine and surgery. The certification shall include a statement that there is no evidence of physical condition that would conflict with the health, safety, or welfare of the pupils; and that freedom from tuberculosis has been established
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by chest x-ray or negative tuberculin skin test. If at any time there is reasonable cause to believe that any such employee of the school district is suffering from an illness detrimental to the health of the pupils, the school board may require a new certification of health. (b) Upon presentation of a signed statement by the employee of a school district, to whom the provisions of subsection (a) apply, that the employee is an adherent of a religious denomination whose religious teachings are opposed to physical examinations, the employee shall be permitted to submit, as an alternative to the certification of health required under subsection (a), certification signed by a person licensed to practice medicine and surgery under the laws of any state, or by a person who is licensed as a physician assistant under the laws of this state when such person is working at the direction of or in collaboration with a person licensed to practice medicine and surgery, or by a person holding a certificate of qualification license to practice as an advanced practice registered nurse practitioner under the laws of this state when such person is working at the direction of or in collaboration with a person licensed to practice medicine and surgery that freedom of the employee from tuberculosis has been established. (c) Every board of education may require persons, other than employees of the school district, to submit to the same certification of health requirements as are imposed upon employees of the school district under the provisions of subsection (a) if such persons perform or provide services to or for a school district which require such persons to come in regular contact with the pupils of the school district. No such person shall be required to submit a certification of health if the person presents a signed statement that the person is an adherent of a religious denomination whose religious teachings are opposed to physical examinations. Such persons shall be permitted to submit, as an alternative to a certification of health, certification signed by a person licensed to practice medicine and surgery under the laws of any state, or by a person who is licensed as a physician assistant under the laws of this state when such person is working at the direction of or in collaboration with a person licensed to practice medicine and surgery, or by a person holding a certificate of qualification license to practice as an advanced practice registered nurse practitioner under the laws of this state when such person is working at the direction of or in collaboration with a person licensed to practice medicine and surgery that freedom of such persons from tuberculosis has been established. (d) The expense of obtaining certifications of health and certifications of freedom from tuberculosis may be borne by the board of education. Sec. 69. On January 1, 2012, K.S.A. 2010 Supp. 72-8252 is hereby amended to read as follows: 72-8252. (a) As used in this section: (1) Medication means a medicine prescribed by a health care provider for the treatment of anaphylaxis or asthma including, but not limited to, any medicine defined in section 201 of the federal food, drug and cosmetic act, inhaled bronchodilators and auto-injectible epinephrine. (2) Health care provider means: (A) A physician licensed to practice medicine and surgery; (B) an advanced practice registered nurse practitioner issued a certificate of qualification license pursuant to K.S.A. 65-1131, and amendments thereto, who has authority to prescribe drugs as provided by K.S.A. 65-1130, and amendments thereto; or (C) a physician assistant licensed pursuant to the physician assistant licensure act who has authority to prescribe drugs pursuant to a written protocol with a responsible physician under K.S.A. 65-28a08, and amendments thereto. (3) School means any public or accredited nonpublic school. (4) Self-administration means a students discretionary use of such students medication pursuant to a prescription or written direction from a health care provider. (b) Each school district shall adopt a policy authorizing the selfadministration of medication by students enrolled in kindergarten or any of the grades 1 through 12. A student shall meet all requirements of a policy adopted pursuant to this subsection. Such policy shall include: (1) A requirement of a written statement from the students health care provider stating the name and purpose of the medication; the prescribed dosage; the time the medication is to be regularly administered, and any additional special circumstances under which the medication is to be administered; and the length of time for which the medication is prescribed; (2) a requirement that the student has demonstrated to the health care provider or such providers designee and the school nurse or such nurses designee the skill level necessary to use the medication and any device that is necessary to administer such medication as prescribed. If there is no school nurse, the school shall designate a person for the purposes of this subsection;
(3) a requirement that the health care provider has prepared a written treatment plan for managing asthma or anaphylaxis episodes of the student and for medication use by the student during school hours; (4) a requirement that the students parent or guardian has completed and submitted to the school any written documentation required by the school, including the treatment plan prepared as required by paragraph (3) and documents related to liability; (5) a requirement that all teachers responsible for the students supervision shall be notified that permission to carry medications and selfmedicate has been granted; and (6) any other requirement imposed by the school district pursuant to this section and subsection (e) of K.S.A. 72-8205, and amendments thereto. (c) A school district shall require annual renewal of parental authorization for the self-administration of medication. (d) A school district, and its officers, employees and agents, which authorizes the self-administration of medication in compliance with the provisions of this section shall not be held liable in any action for damage, injury or death resulting directly or indirectly from the self-administration of medication. (e) A school district shall provide written notification to the parent or guardian of a student that the school district and its officers, employees and agents are not liable for damage, injury or death resulting directly or indirectly from the self-administration of medication. The parent or guardian of the student shall sign a statement acknowledging that the school district and its officers, employees or agents incur no liability for damage, injury or death resulting directly or indirectly from the self-administration of medication and agreeing to release, indemnify and hold the school and its officers, employees and agents, harmless from and against any claims relating to the self-administration of such medication. (f) A school district shall require that any back-up medication provided by the students parent or guardian be kept at the students school in a location to which the student has immediate access in the event of an asthma or anaphylaxis emergency. (g) A school district shall require that information described in paragraphs (3) and (4) of subsection (b) be kept on file at the students school in a location easily accessible in the event of an asthma or anaphylaxis emergency. (h) An authorization granted pursuant to subsection (b) shall allow a student to possess and use such students medication at any place where a student is subject to the jurisdiction or supervision of the school district or its officers, employees or agents. (i) A board of education may adopt a policy pursuant to subsection (e) of K.S.A. 72-8205, and amendments thereto, which: (1) Imposes requirements relating to the self-administration of medication which are in addition to those required by this section; and (2) establishes a procedure for, and the conditions under which, the authorization for the self-administration of medication may be revoked. Sec. 70. On January 1, 2012, K.S.A. 2010 Supp. 74-1106 is hereby amended to read as follows: 74-1106. (a) Appointment, term of office. (1) The governor shall appoint a board consisting of 11 members of which six shall be registered professional nurses, two shall be licensed practical nurses and three shall be members of the general public, which shall constitute a board of nursing, with the duties, power and authority set forth in this act. (2) Upon the expiration of the term of any registered professional nurse, the Kansas state nurses association shall submit to the governor a list of registered professional nurses containing names of not less than three times the number of persons to be appointed, and appointments shall be made after consideration of such list for terms of four years and until a successor is appointed and qualified. (3) On the effective date of this act, the Kansas federation of licensed practical nurses shall submit to the governor a list of licensed practical nurses containing names of not less than three times the number of persons to be appointed, and appointments shall be made after consideration of such list, with the first appointment being for a term of four years and the second appointment being for a term of two years. Upon the expiration of the term of any licensed practical nurse, a successor of like qualifications shall be appointed in the same manner as the original appointment for a term of four years and until a successor is appointed and qualified. (4) Each member of the general public shall be appointed for a term of four years and successors shall be appointed for a like term. (5) Whenever a vacancy occurs on the board of nursing, it shall be filled by appointment for the remainder of the unexpired term in the same manner as the preceding appointment. No person shall serve more than two consecutive terms as a member of the board of nursing and (continued)
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appointment for the remainder of an unexpired term shall constitute a full term of service on such board. With the expiration of terms for the registered professional nurse from education and one public member in July, 2003, the next appointments for those two positions will be for only one year. Thereafter the two positions shall be appointed for terms of four years. (b) Qualifications of members. Each member of the board shall be a citizen of the United States and a resident of the state of Kansas. Registered professional nurse members shall possess a license to practice as a professional nurse in this state with at least five years experience in nursing as such and shall be actively engaged in professional nursing in Kansas at the time of appointment and reappointment. The licensed practical nurse members shall be licensed to practice practical nursing in the state with at least five years experience in practical nursing and shall be actively engaged in practical nursing in Kansas at the time of appointment and reappointment. The governor shall appoint successors so that the registered professional nurse membership of the board shall consist of at least two members who are engaged in nursing service, at least two members who are engaged in nursing education and at least one member who is engaged in practice as an advanced practice registered nurse practitioner or a registered nurse anesthetist. The consumer members shall represent the interests of the general public. At least one consumer member shall not have been involved in providing health care. Each member of the board shall take and subscribe the oath prescribed by law for state officers, which oath shall be filed with the secretary of state. (c) Duties and powers. (1) The board shall meet annually at Topeka during the month of September and shall elect from its members a president, vice-president and secretary, each of whom shall hold their respective offices for one year. The board shall employ an executive administrator, who shall be a registered professional nurse, who shall not be a member of the board and who shall be in the unclassified service under the Kansas civil service act, and shall employ such other employees, who shall be in the classified service under the Kansas civil service act as necessary to carry on the work of the board. As necessary, the board shall be represented by an attorney appointed by the attorney general as provided by law, whose compensation shall be determined and paid by the board with the approval of the governor. The board may hold such other meetings during the year as may be deemed necessary to transact its business. (2) The board shall adopt rules and regulations consistent with this act necessary to carry into effect the provisions thereof, and such rules and regulations may be published and copies thereof furnished to any person upon application. (3) The board shall prescribe curricula and standards for professional and practical nursing programs and mental health technician programs, and provide for surveys of such schools and courses at such times as it may deem necessary. It shall accredit such schools and approve courses as meet the requirements of the appropriate act and rules and regulations of the board. (4) The board shall examine, license and renew licenses of duly qualified applicants and conduct hearings upon charges for limitation, suspension or revocation of a license or approval of professional and practical nursing and mental health technician programs and may limit, deny, suspend or revoke for proper legal cause, licenses or approval of professional and practical nursing and mental health technician programs, as hereinafter provided. Examination for applicants for registration shall be given at least twice each year and as many other times as deemed necessary by the board. The board shall promote improved means of nursing education and standards of nursing care through institutes, conferences and other means. (5) The board shall have a seal of which the executive administrator shall be the custodian. The president and the secretary shall have the power and authority to administer oaths in transacting business of the board, and the secretary shall keep a record of all proceedings of the board and a register of professional and practical nurses and mental health technicians licensed and showing the certificates of registration or licenses granted or revoked, which register shall be open at all times to public inspection. (6) The board may enter into contracts as may be necessary to carry out its duties. (7) The board is hereby authorized to apply for and to accept grants and may accept donations, bequests or gifts. The board shall remit all moneys received by it under this paragraph (7) to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the grants and gifts fund which is hereby created. All expenditures from such fund shall be made in accordance with appropriation acts upon warrants of
the director of accounts and reports issued pursuant to vouchers approved by the president of the board or a person designated by the president. (8) A majority of the board of nursing including two professional nurse members shall constitute a quorum for the transaction of business. (d) Subpoenas. In all investigations and proceedings, the board shall have the power to issue subpoenas and compel the attendance of witnesses and the production of all relevant and necessary papers, books, records, documentary evidence and materials. Any person failing or refusing to appear or testify regarding any matter about which such person may be lawfully questioned or to produce any books, papers, records, documentary evidence or relevant materials in the matter, after having been required by order of the board or by a subpoena of the board to do so, upon application by the board to any district judge in the state, may be ordered by such judge to comply therewith. Upon failure to comply with the order of the district judge, the court may compel obedience by attachment for contempt as in the case of disobedience of a similar order or subpoena issued by the court. A subpoena may be served upon any person named therein anywhere within the state with the same fees and mileage by an officer authorized to serve subpoenas in civil actions in the same procedure as is prescribed by the code of civil procedure for subpoenas issued out of the district courts of this state. (e) Compensation and expenses. Members of the board of nursing attending meetings of such board, or attending a subcommittee meeting thereof authorized by such board, shall be paid compensation, subsistence allowances, mileage and other expenses as provided in K.S.A. 753223, and amendments thereto. No member of the board of nursing shall be paid an amount as provided in K.S.A. 75-3223, and amendments thereto, if such member receives an amount from another governmental or private entity for the purpose for which such amount is payable under K.S.A. 75-3223, and amendments thereto. Sec. 71. On January 1, 2012, K.S.A. 74-32,131 is hereby amended to read as follows: 74-32,131. This act shall be known and may be cited as the advanced practice registered nurse practitioner service scholarship program. Sec. 72. On January 1, 2012, K.S.A. 74-32,132 is hereby amended to read as follows: 74-32,132. As used in this act: (a) Committee means the nursing service scholarship review committee established under K.S.A. 74-3299, and amendments thereto. (b) Executive officer means the chief executive officer of the state board of regents appointed under K.S.A. 74-3203a, and amendments thereto. (c) Educational and training program for advanced practice registered nurse practitioners nurses means a post-basic nursing education program a graduate of which meets the education requirements of the board of nursing for a certificate of qualification licensure as an advanced practice registered nurse practitioner. (d) Medically underserved area means a practice location designated medically underserved by the secretary of health and environment. (e) Rural area means any county of this state other than Douglas, Johnson, Sedgwick, Shawnee and Wyandotte counties. Sec. 73. On January 1, 2012, K.S.A. 74-32,133 is hereby amended to read as follows: 74-32,133. (a) There is hereby established the advanced practice registered nurse practitioner service scholarship program. Within the limits of appropriations therefor, a scholarship may be awarded under the program to any qualified student enrolled in or admitted to an educational and training program for advanced practice registered nurse practitioners nurses. The number of scholarships awarded under the program in any year shall not exceed 12. (b) The determination of the individuals qualified for scholarships shall be made by the executive officer after seeking advice from the committee. Scholarships shall be awarded on a priority basis to qualified applicants in the advanced practice registered nurse practitioner categories roles of nurse clinician or advanced practice registered nurse practitioner or clinical specialist who have the greatest financial need for such scholarships and who are residents of this state. To the extent practicable and consistent with the other provisions of this section, consideration shall be given to minority applicants. (c) Scholarships awarded under the program shall be awarded for the length of the course of instruction required for graduation as an advanced practice registered nurse practitioner unless terminated before expiration of such period of time. Such scholarships shall provide (1) to a student enrolled in or admitted to an educational and training program for advanced practice registered nurse practitioners nurses operated by a state educational institution the payment of an amount not to exceed 70% of the cost of attendance for a year, and (2) to a student
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enrolled in or admitted to an educational and training program for advanced practice registered nurse practitioners nurses operated by an independent institution of higher education the payment of an amount not to exceed 70% of the average amount of the cost of attendance for a year in educational and training programs for advanced practice registered nurse practitioners nurses operated by the state educational institutions. The amount of each scholarship shall be established annually by the executive officer and shall be financed by the state of Kansas. Sec. 74. On January 1, 2012, K.S.A. 74-32,134 is hereby amended to read as follows: 74-32,134. (a) An applicant for a scholarship under the advanced practice registered nurse practitioner service scholarship program shall provide to the executive officer, on forms supplied by the executive officer, the following information: (1) The name and address of the applicant; (2) the name and address of the educational and training program for advanced practice registered nurse practitioners nurses in which the applicant is enrolled or to which the applicant has been admitted; and (3) any additional information which may be required by the executive officer. (b) As a condition to awarding a scholarship under this act, the executive officer and the applicant for a scholarship shall enter into an agreement which shall require that the scholarship recipient: (1) Engage as a full-time student in and complete the required course of instruction leading to the certificate of qualification licensure as an advanced practice registered nurse practitioner; (2) within six months after graduation from the educational and training program for advanced practice registered nurse practitioners nurses, commence full-time practice as an advanced practice registered nurse practitioner, or commence the equivalent to full-time practice, or commence part-time practice as an advanced practice registered nurse practitioner, in a rural area or a medically underserved area, continue such practice for the total amount of time required under the agreement, and comply with such other terms and conditions as may be specified by the agreement; (3) commence full-time practice, or the equivalent to full-time practice, as an advanced practice registered nurse practitioner in a rural area or medically underserved area and continue such full-time practice, or the equivalent to full-time practice, in a rural area or medically underserved area for the total amount of time required under the agreement, which shall be for a period of not less than the length of the course of instruction for which the scholarship assistance was provided, or commence part-time practice in a rural area or medically underserved area and continue such part-time practice in a rural area or medically underserved area for the total amount of time required under the agreement, which shall be for a period of time that is equivalent to full time, as determined by the state board of regents, multiplied by the length of the course of instruction for which the scholarship assistance was provided; (4) maintain records and make reports to the executive officer as may be required by the executive officer to document the satisfaction of the obligation under this act; and (5) upon failure to satisfy an agreement to engage in full-time practice as an advanced practice registered nurse practitioner, or the equivalent to full-time practice, or in part-time practice, in a rural area or medically underserved area for the required period of time under any such agreement, repay to the state amounts as provided in K.S.A. 7432,135, and amendments thereto. Sec. 75. On January 1, 2012, K.S.A. 74-32,135 is hereby amended to read as follows: 74-32,135. (a) Except as provided in K.S.A. 74-32,136, and amendments thereto, upon the failure of any person to satisfy the obligation under any agreement entered into pursuant to this act, such person shall pay to the executive officer an amount equal to the total amount of money received by such person pursuant to such agreement which is financed by the state of Kansas plus accrued interest at a rate which is equivalent to the interest rate applicable to loans made under the federal PLUS program at the time such person first entered into an agreement plus five percentage points. Installment payments of such amounts may be made in accordance with rules and regulations of the state board of regents, except that such installment payments shall commence six months after the date of the action or circumstances that cause the failure of the person to satisfy the obligations of such agreements, as determined by the executive officer based upon the circumstances of each individual case. Amounts paid under this section to the executive officer shall be deposited in the advanced practice registered nurse practitioner service scholarship program fund in accordance with K.S.A. 7432,138, and amendments thereto. (b) The state board of regents is authorized to turn any repayment account arising under the advanced practice registered nurse practi-
tioner service scholarship program over to a designated loan servicer or collection agency, the state not being involved other than to receive payments from the loan servicer or collection agency at the interest rate prescribed under this section. Sec. 76. On January 1, 2012, K.S.A. 74-32,136 is hereby amended to read as follows: 74-32,136. (a) An obligation under any agreement entered into under the advanced practice registered nurse practitioner service scholarship program shall be postponed: (1) During any required period of active military service; (2) during any period of service in the peace corps; (3) during any period of service as a part of volunteers in service to America (VISTA); (4) during any period of service commitment to the United States public health service; (5) during any period of religious missionary work conducted by an organization exempt from tax under section 501(c)(3) of the federal internal revenue code as in effect on December 31, 2000; (6) during any period of time the person obligated is unable because of temporary medical disability to practice as an advanced practice registered nurse practitioner; (7) during any period of time the person obligated is enrolled and actively engaged on a full-time basis in a course of study leading to a graduate degree in a field for which such person was awarded a scholarship under this act which degree is higher than that formerly attained; (8) during any period of time the person obligated is on job-protected leave under the federal family and medical leave act of 1993; or (9) during any period of time the state board of regents determines that the person obligated is unable because of special circumstances to practice as an advanced practice registered nurse practitioner. Except for clauses (6), (8) and (9), an obligation under any agreement entered into as provided in the advanced practice registered nurse practitioner service scholarship program shall not be postponed more than five years from the time the obligation was to have been commenced under any such agreement. An obligation under any agreement as provided in the advanced practice registered nurse practitioner service scholarship program shall be postponed under clause (6) during the period of time the medical disability exists. An obligation to engage in practice as an advanced practice registered nurse practitioner in accordance with an agreement under the advanced practice registered nurse practitioner service scholarship program shall be postponed under clause (8) during the period of time the person obligated remains on FMLA leave. An obligation to engage in practice as an advanced practice registered nurse practitioner in accordance with an agreement under the advanced practice registered nurse practitioner service scholarship program shall be postponed under clause (9) during the period of time the state board of regents determines that the special circumstances exist. The state board of regents shall adopt rules and regulations prescribing criteria or guidelines for determination of the existence of special circumstances causing an inability to practice as an advanced practice registered nurse practitioner, and shall determine the documentation required to prove the existence of such circumstances. (b) An obligation under any agreement entered into in accordance with the advanced practice registered nurse practitioner service scholarship program shall be satisfied: (1) If the obligation has been completed in accordance with the agreement; (2) if the person obligated dies; (3) if, because of permanent physical disability, the person obligated is unable to satisfy the obligation; (4) if the person obligated fails to satisfy the requirements for completion of the educational and training program after making the best effort possible to do so; or (5) if the person obligated is unable to obtain employment as an advanced practice registered nurse practitioner and continue in such employment after making the best effort possible to do so. Sec. 77. On January 1, 2012, K.S.A. 74-32,137 is hereby amended to read as follows: 74-32,137. The state board of regents, after consultation with the committee, may adopt rules and regulations establishing minimum terms, conditions and obligations which shall be incorporated into the provisions of any agreement under the advanced practice registered nurse practitioner service scholarship program. The terms, conditions and obligations shall be consistent with the provisions of law relating to the advanced practice registered nurse practitioner service scholarship program. The terms, conditions and obligations so established shall include, but not be limited to, the terms of eligibility for financial assistance under the advanced practice registered nurse practitioner service scholarship program, the amount of financial assistance to be offered, the length of practice in a rural area or medically underserved area required as a condition to the receipt of such financial assistance to be offered, the amount of money required to be repaid because of failure to satisfy the obligations under an agreement and the method of repayment and such other additional provisions as may be necessary to carry out the provisions of the advanced practice registered (continued)
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nurse practitioner service scholarship program. The state board of regents, after consultation with the committee, shall adopt rules and regulations establishing criteria for evaluating the financial need of applicants for scholarships and may adopt such other rules and regulations as may be necessary to administer the advanced practice registered nurse practitioner service scholarship program. Sec. 78. On January 1, 2012, K.S.A. 74-32,138 is hereby amended to read as follows: 74-32,138. There is hereby created in the state treasury the advanced practice registered nurse practitioner service scholarship program fund. The executive officer shall remit all moneys received under this act to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance the state treasurer shall deposit the entire amount in the state treasury to the credit of the advanced practice registered nurse practitioner service scholarship program fund. All expenditures from the advanced practice registered nurse practitioner service scholarship program fund shall be for scholarships awarded under this act and shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the executive officer or by a person designated by the executive officer. Sec. 79. K.S.A. 2010 Supp. 65-1117 is hereby amended to read as follows: 65-1117. (a) All licenses issued under the provisions of this act, whether initial or renewal, shall expire every two years. The expiration date shall be established by the rules and regulations of the board. The board shall send a notice for renewal of license to every registered professional nurse and licensed practical nurse at least 60 days prior to the expiration date of such persons license. Every person so licensed who desires to renew such license shall file with the board, on or before the date of expiration of such license, a renewal application together with the prescribed biennial renewal fee. Every licensee who is no longer engaged in the active practice of nursing may so state by affidavit and submit such affidavit with the renewal application. An inactive license may be requested along with payment of a fee which shall be fixed by rules and regulations of the board. Except for the first renewal for a license that expires within 30 months following licensure examination or for renewal of a license that expires within the first nine months following licensure by reinstatement or endorsement, every licensee with an active nursing license shall submit with the renewal application evidence of satisfactory completion of a program of continuing nursing education required by the board. The board by duly adopted rules and regulations shall establish the requirements for such program of continuing nursing education. Continuing nursing education means learning experiences intended to build upon the educational and experiential bases of the registered professional and licensed practical nurse for the enhancement of practice, education, administration, research or theory development to the end of improving the health of the public. Upon receipt of such application, payment of fee, upon receipt of the evidence of satisfactory completion of the required program of continuing nursing education and upon being satisfied that the applicant meets the requirements set forth in K.S.A. 65-1115 or 65-1116 and amendments thereto in effect at the time of initial licensure of the applicant, the board shall verify the accuracy of the application and grant a renewal license. (b) Any person who fails to secure a renewal license within the time specified herein may secure a reinstatement of such lapsed license by making verified application therefor on a form provided by the board, by rules and regulations, and upon furnishing proof that the applicant is competent and qualified to act as a registered professional nurse or licensed practical nurse and by satisfying all of the requirements for reinstatement including payment to the board of a reinstatement fee as established by the board. A reinstatement application for licensure will be held awaiting completion of such documentation as may be required, but such application shall not be held for a period of time in excess of that specified in rules and regulations. (c) Any person whose license as a registered professional nurse has lapsed for a period of more than 13 years beyond its expiration date and who has been employed for at least 10 of the last 13 years in an allied health profession which employment required substantially comparable patient care to that of care provided by a registered professional nurse may apply for reinstatement as a registered professional nurse and shall not be required to complete a refresher course as established by the board, but shall be reinstated as a registered professional nurse by the board upon application to the board for reinstatement of such license on a form provided by the board, upon presentation to the board of an affidavit from such person detailing such persons work history, upon determination by the board that the work history with regard to patient care is substantially comparable to patient care provided by a registered professional nurse, upon determination by the board that such person is otherwise qualified to be licensed as a registered professional nurse and upon paying to the board
the reinstatement fee established by the board. This subsection shall expire on January 1, 2012. (d) (1) Each licensee shall notify the board in writing of (A) a change in name or address within 30 days of the change or (B) a conviction of any felony or misdemeanor, that is specified in rules and regulations adopted by the board, within 30 days from the date the conviction becomes final. (2) As used in this subsection, conviction means a final conviction without regard to whether the sentence was suspended or probation granted after such conviction. Also, for the purposes of this subsection, a forfeiture of bail, bond or collateral deposited to secure a defendants appearance in court, which forfeiture has not been vacated, shall be equivalent to a conviction. Failure to so notify the board shall not constitute a defense in an action relating to failure to renew a license, nor shall it constitute a defense in any other proceeding. Sec. 80. On July 1, 2011, K.S.A. 65-6102 is hereby amended to read as follows: 65-6102. (a) There is hereby established the emergency medical services board. The office of the emergency medical services board shall be located in the city of Topeka, Kansas. (b) The emergency medical services board shall be composed of 13 15 members to be appointed as follows: (1) Nine Eleven members shall be appointed by the governor. Of such members: (A) One Three shall be a member of the Kansas medical society physicians who is are actively involved in emergency medical services; (B) two shall be county commissioners of counties making a levy for ambulance service, at least one of whom shall be from a county having a population of less than 15,000; (C) one shall be an instructor-coordinator; (D) one shall be a hospital administrator actively involved in emergency medical services; (E) one shall be a member of a firefighting unit which provides emergency medical service; and (F) three shall be attendants who are actively involved in emergency medical service. At least two classifications of attendants shall be represented. At least one of such members shall be from a volunteer emergency medical service; and (2) four members shall be appointed as follows: (A) One shall be a member of the Kansas senate to be appointed by the president of the senate; (B) one shall be a member of the Kansas senate to be appointed by the minority leader of the senate; (C) one shall be a member of the Kansas house of representatives to be appointed by the speaker of the house of representatives; and (D) one shall be a member of the Kansas house of representatives to be appointed by the minority leader of the house of representatives. All members of the board shall be residents of the state of Kansas. Appointments to the board shall be made with due consideration that representation of the various geographical areas of the state is ensured. The governor may remove any member of the board upon recommendation of the board. Any person appointed to a position on the board shall forfeit such position upon vacating the office or position which qualified such person to be appointed as a member of the board. (c) Of the members first appointed to the board, four shall be appointed for terms of one year, three for terms of two years, three for terms of three years and three for terms of four years. Of the two additional physician members appointed by the governor on and after July 1, 2011, one shall be appointed for a term of three years and one shall be appointed for a term of four years. Thereafter, members shall be appointed for terms of four years and until their successors are appointed and qualified. In the case of a vacancy in the membership of the board, the vacancy shall be filled for the unexpired term. (d) The board shall meet at least six times annually and at least once each quarter and at the call of the chairperson or at the request of the administrator of the emergency medical services board or of any six members of the board. At the first meeting of the board after January 1 each year, the members shall elect a chairperson and a vice-chairperson who shall serve for a term of one year. The vice-chairperson shall exercise all of the powers of the chairperson in the absence of the chairperson. If a vacancy occurs in the office of the chairperson or vice-chairperson, the board shall fill such vacancy by election of one of its members to serve the unexpired term of such office. Members of the board attending meetings of the board or attending a subcommittee meeting thereof authorized by the board shall be paid compensation, subsistence allowances, mileage and other expenses as provided in K.S.A. 75-3223, and amendments thereto. (e) Except as otherwise provided by law, all vouchers for expenditures and all payrolls of the emergency medical services board shall be
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approved by the emergency medical services board or a person designated by the board. Sec. 81. On July 1, 2011, K.S.A. 65-6110 is hereby amended to read as follows: 65-6110. (a) The board shall adopt any rules and regulations necessary for the regulation of ambulance services. Such rules and regulations shall include: (1) A classification of the different types of ambulance services; (2) requirements as to equipment necessary for ambulances and rescue vehicles; (3) qualifications and training of attendants, instructor-coordinators and training officers; (4) requirements and fees for the licensure, temporary licensure, and renewal of licensure for ambulances and rescue vehicles; (5) records and equipment to be maintained by operators, instructor-coordinators, training officers, providers of training and attendants; and (6) requirements for a quality assurance and improvement program for ambulance services; and (7) such other matters as the board deems necessary to implement and administer the provisions of this act. (b) The provisions of this act shall not apply to rescue vehicles operated by a fire department. (c) Nothing in this act or in the provisions of article 61 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto, shall authorize the board to specify the individuals who may or may not ride on a helicopter while used as an ambulance. Sec. 82. On July 1, 2011, K.S.A. 2010 Supp. 65-6112 is hereby amended to read as follows: 65-6112. As used in this act: (a) Administrator means the executive director of the emergency medical services board. (b) Advanced emergency medical technician means a person who holds an advanced emergency medical technician certificate issued pursuant to this act. (c) Advanced registered nurse practitioner means an advanced registered nurse practitioner as defined in K.S.A. 65-1113, and amendments thereto. (d) Ambulance means any privately or publicly owned motor vehicle, airplane or helicopter designed, constructed, prepared, staffed and equipped for use in transporting and providing emergency care for individuals who are ill or injured. (e) Ambulance service means any organization operated for the purpose of transporting sick or injured persons to or from a place where medical care is furnished, whether or not such persons may be in need of emergency or medical care in transit. (f) Attendant means a first responder, an emergency medical responder, emergency medical technician, emergency medical technicianintermediate, emergency medical technician-defibrillator, emergency medical technician-intermediate/defibrillator, advanced emergency medical technician, mobile intensive care technician or paramedic certified pursuant to this act. (g) Board means the emergency medical services board established pursuant to K.S.A. 65-6102, and amendments thereto. (h) Emergency medical service means the effective and coordinated delivery of such care as may be required by an emergency which includes the care and transportation of individuals by ambulance services and the performance of authorized emergency care by a physician, advanced registered nurse practitioner, professional nurse, a licensed physician assistant or attendant. (i) Emergency medical technician means a person who holds an emergency medical technician certificate issued pursuant to this act. (j) Emergency medical technician-defibrillator means a person who holds an emergency medical technician-defibrillator certificate issued pursuant to this act. (k) Emergency medical technician-intermediate means a person who holds an emergency medical technician-intermediate certificate issued pursuant to this act. (l) Emergency medical technician-intermediate/defibrillator means a person who holds both an emergency medical technician-intermediate and emergency medical technician defibrillator certificate issued pursuant to this act. (m) Emergency medical responder means a person who holds an emergency medical responder certificate issued pursuant to this act. (n) First responder means a person who holds a first responder certificate issued pursuant to this act. (o) Hospital means a hospital as defined by K.S.A. 65-425, and amendments thereto. (p) Instructor-coordinator means a person who is certified under this act to teach initial courses of certification of instruction certification and continuing education classes. (q) Medical adviser director means a physician. (r) Medical protocols mean written guidelines which authorize attendants to perform certain medical procedures prior to contacting a
physician, physician assistant authorized by a physician, advanced registered nurse practitioner authorized by a physician or professional nurse authorized by a physician. The medical protocols shall be approved by a county medical society or the medical staff of a hospital to which the ambulance service primarily transports patients, or if neither of the above are able or available to approve the medical protocols, then the medical protocols shall be submitted to the medical advisory council for approval. (s) Mobile intensive care technician means a person who holds a mobile intensive care technician certificate issued pursuant to this act. (t) Municipality means any city, county, township, fire district or ambulance service district. (u) Nonemergency transportation means the care and transport of a sick or injured person under a foreseen combination of circumstances calling for continuing care of such person. As used in this subsection, transportation includes performance of the authorized level of services of the attendant whether within or outside the vehicle as part of such transportation services. (v) Operator means a person or municipality who has a permit to operate an ambulance service in the state of Kansas. (w) Paramedic means a person who holds a paramedic certificate issued pursuant to this act. (x) Person means an individual, a partnership, an association, a joint-stock company or a corporation. (y) Physician means a person licensed by the state board of healing arts to practice medicine and surgery. (z) Physician assistant means a person who is licensed under the physician assistant licensure act and who is acting under the direction of a responsible physician. (aa) Professional nurse means a licensed professional nurse as defined by K.S.A. 65-1113, and amendments thereto. (bb) Provider of training means a corporation, partnership, accredited postsecondary education institution, ambulance service, fire department, hospital or municipality that conducts training programs that include, but are not limited to, initial courses of instruction and continuing education for attendants, instructor-coordinators or training officers. (cc) Responsible physician means responsible physician as such term is defined under K.S.A. 65-28a02, and amendments thereto. (dd) Training officer means a person who is certified pursuant to this act to teach, coordinate or both, initial courses of instruction for first responders or emergency medical responders and continuing education as prescribed by the board. Sec. 83. On July 1, 2011, K.S.A. 2010 Supp. 65-6120 is hereby amended to read as follows: 65-6120. (a) Notwithstanding any other provision of law to the contrary, an emergency medical technician-intermediate may: (1) Perform any of the activities identified by K.S.A. 65-6121, and amendments thereto; (2) when approved by medical protocols and or where voice contact by radio or telephone is monitored by a physician, physician assistant where authorized by a physician, advanced registered nurse practitioner where authorized by a physician or licensed professional nurse where authorized by a physician, and direct communication is maintained, upon order of such person, may perform veni-puncture for the purpose of blood sampling collection and initiation and maintenance of intravenous infusion of saline solutions, dextrose and water solutions or ringers lactate IV solutions, endotracheal intubation and administration of nebulized albuterol; (3) perform, during an emergency, those activities specified in subsection (a)(2) before contacting the persons identified in subsection (a)(2) when specifically authorized to perform such activities by medical protocols; or (4) perform, during nonemergency transportation, those activities specified in this section when specifically authorized to perform such activities by medical protocols. (b) An individual who holds a valid certificate as an emergency medical technician-intermediate once successfully completing the board prescribed transition course, and validation of cognitive and psychomotor competency as determined by rules and regulations of the board, may apply to transition to become an advanced emergency medical technician. Alternatively, upon application for renewal, such individual shall be deemed to hold a certificate as an advanced emergency medical technician under this act, provided such individual has completed all continuing education hour requirements inclusive of the successful completion of a transition course and such individual shall not be required to file an original application for certification as an advanced emergency medical technician under this act. (continued)
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(c) Renewal as used in subsection (b), refers to the first or second opportunity after December 31, 2011, that an emergency medical technician-intermediate has to apply for renewal of a certificate following the effective date of this act. (d) Emergency medical technician-intermediates who fail to meet the transition requirements as specified will be required, at a minimum, to gain the continuing education applicable to emergency medical technician as defined by rules and regulations of the board. Failure to do so will result in loss of certification. may complete either the board prescribed emergency medical technician transition course or emergency medical responder transition course, provide validation of cognitive and psychomotor competency and all continuing education hour requirements inclusive of the successful completion of a transition course as determined by rules and regulations of the board. Upon completion, such emergency medical technicianintermediate may apply to transition to become an emergency medical technician or an emergency medical responder, depending on the transition course that was successfully completed. Alternatively, upon application for renewal of an emergency medical technician-intermediate certificate, the applicant shall be renewed as an emergency medical technician or an emergency medical responder, depending on the transition course that was successfully completed. Such individual shall not be required to file an original application for certification as an emergency medical technician or emergency medical responder. (e) Failure to successfully complete either an advanced emergency medical technician transition course, an emergency medical technician transition course or emergency medical responder transition course will result in loss of certification. (e) (f) Upon transition, notwithstanding any other provision of law to the contrary, an advanced emergency medical technician may: (1) Perform any of the activities identified by K.S.A. 65-6121, and amendments thereto; and (2) perform any of the following interventions, by use of the devices, medications and equipment, or any combination thereof, as specifically identified in rules and regulations, after successfully completing an approved course of instruction, local specialized device training and competency validation and when authorized by medical protocols, or upon order when direct communication is maintained by radio, telephone or video conference with a physician, physician assistant where authorized by a physician, an advanced registered nurse practitioner where authorized by a physician, or licensed professional nurse where authorized by a physician upon order of such a person: (A) Continuous positive airway pressure devices; (B) advanced airway management; (C) referral of patient of alternate medical care site based on assessment; (D) transportation of a patient with a capped arterial line; (E) veni-puncture for obtaining blood sample; (F) initiation and maintenance of intravenous infusion or saline lock; (G) initiation of intraosseous infusion; (H) nebulized therapy; (I) manual defibrillation and cardioversion; (J) cardiac monitoring; (K) medication administration via electrocardiogram interpretation; (L) administration of generic or trade name medications by one or more of the following methods: (i) Aerosolization; (ii) nebulization; (iii) intravenous; (iv) intranasal; (v) rectal; (vi) subcutaneous; (vii) intraosseous; (viii) intramuscular; or (ix) sublingual. (f) (g) An individual who holds a valid certificate as both an emergency medical technician-intermediate and as an emergency medical technician-defibrillator once successfully completing the board prescribed transition course, and validation of cognitive and psychomotor competency as determined by rules and regulations of the board, may apply to transition to an advanced emergency medical technician. Alternatively, upon application for renewal, such individual shall be deemed to hold a certificate as an advanced emergency medical technician under this act, provided such individual has completed all continuing education hour requirements inclusive of successful completion of a transition course, and such individual shall not be required to file an original application for certification as an advanced emergency medical technician under this act. (g) (h) Renewal as used in subsection (f) (g), refers to the first or second opportunity after December 31, 2011, that an emergency medical technician-intermediate and emergency medical technician-defibrillator has to apply for renewal of a certificate following the effective date of this act. (h) (i) Emergency medical technician-intermediate and emergency medical technician-defibrillator who fail to meet the transition requirements as specified will be required, at a minimum, to gain the continuing education applicable to emergency medical technician as defined by rules and regulations of the board. Failure to do so will result in loss of certification. An individual who holds both an emergency medical technician-intermediate certificate and an emergency medical technician-defibrillator certificate, who fails to meet the transition requirements as specified may complete either the board prescribed emergency medical technician transition course or emergency medical responder transition course, and provide validation of
cognitive and psychomotor competency and all continuing education hour requirements inclusive of successful completion of a transition course as determined by rules and regulations of the board. Upon completion, such individual may apply to transition to become an emergency medical technician or emergency medical responder, depending on the transition course that was successfully completed. Alternatively, upon application for renewal of an emergency medical technician-intermediate certificate and an emergency medical technician-defibrillator certificate, the applicant shall be renewed as an emergency medical technician or an emergency medical responder, depending on the transition course that was successfully completed. Such individual shall not be required to file an original application for certification as an emergency medical technician or emergency medical responder. (j) Failure to successfully complete either the advanced emergency medical technician transition requirements, an emergency medical technician transition course or the emergency medical responder transition course will result in loss of certification. Sec. 84. On July 1, 2011, K.S.A. 2010 Supp. 65-6121 is hereby amended to read as follows: 65-6121. (a) Notwithstanding any other provision of law to the contrary, an emergency medical technician may perform any of the following activities: (1) Patient assessment and vital signs; (2) airway maintenance including the use of: (A) Oropharyngeal and nasopharyngeal airways; (B) esophageal obturator airways with or without gastric suction device; (C) multi-lumen airway; and (D) oxygen demand valves. (3) Oxygen therapy; (4) oropharyngeal suctioning; (5) cardiopulmonary resuscitation procedures; (6) control accessible bleeding; (7) apply pneumatic anti-shock garment; (8) manage outpatient medical emergencies; (9) extricate patients and utilize lifting and moving techniques; (10) manage musculoskeletal and soft tissue injuries including dressing and bandaging wounds or the splinting of fractures, dislocations, sprains or strains; (11) use of backboards to immobilize the spine; (12) administer activated charcoal and glucose; (13) monitor peripheral intravenous line delivering intravenous fluids during interfacility transport with the following restrictions: (A) The physician approves the transfer by an emergency medical technician; (B) no medications or nutrients have been added to the intravenous fluids; and (C) the emergency medical technician may monitor, maintain and shut off the flow of intravenous fluid; (14) use automated external defibrillators; (15) administer epinephrine auto-injectors provided that: (A) The emergency medical technician successfully completes a course of instruction approved by the board in the administration of epinephrine; and (B) the emergency medical technician serves with an ambulance service or a first response organization that provides emergency medical services; and (C) the emergency medical technician is acting pursuant to medical protocols; (16) perform, during nonemergency transportation, those activities specified in this section when specifically authorized to perform such activities by medical protocols; or (17) when authorized by medical protocol, assist the patient in the administration of the following medications which have been prescribed for that patient: Auto-injection epinephrine, sublingual nitroglycerin and inhalers for asthma and emphysema. (b) An individual who holds a valid certificate as an emergency medical technician at the current basic level once successfully completing the board prescribed transition course, and validation of cognitive and psychomotor competency as determined by rules and regulations of the board, may apply to transition to become an emergency medical technician. Alternatively, upon application for renewal, such individual shall be deemed to hold a certificate as an emergency medical technician under this act, provided such individual has completed all continuing education hour requirements inclusive of successful completion of a transition course, and such individual shall not be required to file an original application for certification as an emergency medical technician under this act. (c) Renewal as used in subsection (b), refers to the first opportunity after December 31, 2011, that an emergency medical technician has to apply for renewal of a certificate following the effective date of this act.
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(d) Emergency medical technicians who fail to meet the transition requirements as specified will be required, at a minimum, to gain the continuing education applicable to emergency medical responder as defined by rules and regulations of the board. Failure to do so will result in loss of certification. may successfully complete the board prescribed emergency medical responder transition course, provide validation of cognitive and psychomotor competency and all continuing education hour requirements inclusive of the successful completion of a transition course as determined by rules and regulations of the board. Alternatively, upon application for renewal of an emergency medical technician certificate, the applicant shall be deemed to hold a certificate as an emergency medical responder under this act, and such individual shall not be required to file an original application for certification as an emergency medical responder. (e) Failure to successfully complete either an emergency medical technician transition course or emergency medical responder transition course will result in loss of certification. (e) (f) Upon transition, notwithstanding any other provision of law to the contrary, an emergency medical technician may perform any activities identified in K.S.A. 65-6144, and amendments thereto, and any of the following interventions, by use of the devices, medications and equipment, or any combination thereof, after successfully completing an approved course of instruction, local specialized device training and competency validation and when authorized by medical protocols, or upon order when direct communication is maintained by radio, telephone or video conference is monitored by a physician, physician assistant when authorized by a physician, an advanced registered nurse practitioner when authorized by a physician or a licensed professional nurse when authorized by a physician, upon order of such person: (1) Airway maintenance including use of: (A) Single lumen airways as approved by the board; (B) multilumen airways; (C) ventilator devices; (D) forceps removal of airway obstruction; (E) CO2 monitoring; (F) airway suctioning; (2) apply pneumatic anti-shock garment; (3) assist with childbirth; (4) monitoring urinary catheter; (5) capillary blood sampling; (6) cardiac monitoring; (7) administration of patient assisted medications as approved by the board; (8) administration of medications as approved by the board by appropriate routes; and (9) monitor, maintain or discontinue flow of IV line if a physician approves transfer by an emergency medical technician. Sec. 85. On July 1, 2011, K.S.A. 2010 Supp. 65-6123 is hereby amended to read as follows: 65-6123. (a) Notwithstanding any other provision of law to the contrary, an emergency medical technician-defibrillator may: (1) Perform any of the activities identified in K.S.A. 65-6121, and amendments thereto; (2) when approved by medical protocols and or where voice contact by radio or telephone is monitored by a physician, physician assistant where authorized by a physician, advanced registered nurse practitioner where authorized by a physician, or licensed professional nurse where authorized by a physician, and direct communication is maintained, upon order of such person, may perform electrocardiographic monitoring and defibrillation; (3) perform, during an emergency, those activities specified in subsection (b) before contacting the persons identified in subsection (b) when specifically authorized to perform such activities by medical protocols; or (4) perform, during nonemergency transportation, those activities specified in this section when specifically authorized to perform such activities by medical protocols. (b) An individual who holds a valid certificate as an emergency medical technician-defibrillator once successfully completing an emergency medical technician-intermediate, initial course of instruction and the board prescribed transition course, and validation of cognitive and psychomotor competency as determined by rules and regulations of the board, may apply to transition to become an advanced emergency medical technician. Alternatively, upon application for renewal, such individual shall be deemed to hold a certificate as an advanced emergency medical technician under this act, provided such individual has completed all continuing education hour requirements inclusive of successful completion of a transition course, and such individual shall not be required to file an original application for certification as an advanced emergency medical technician under this act.
(c) Renewal as used in subsection (b), refers to the second opportunity after December 31, 2011, that an attendant has to apply for renewal of a certificate following the effective date of this act. (d) EMT-D Emergency medical technician-defibrillator attendants who fail to meet the transition requirements as specified will be required, at a minimum, to gain the continuing education applicable to emergency medical technician as defined by rules and regulations of the board. Failure to do so will result in loss of certification. may complete either the board prescribed emergency medical technician transition course or emergency medical responder transition course, provide validation of cognitive and psychomotor competency provided such individual has completed all continuing education hour requirements inclusive of the successful completion of a transition course as determined by rules and regulations of the board. Upon completion, such emergency medical technician-defibrillator may apply to transition to become an emergency medical technician or an emergency medical responder, depending on the transition course that was successfully completed. Alternatively, upon application for renewal of an emergency medical technician-defibrillator certificate, the applicant shall be renewed as an emergency medical technician or an emergency medical responder, depending on the transition course that was successfully completed. Such individual shall not be required to file an original application for certification as an emergency medical technician or emergency medical responder. (e) Failure to complete either the advanced emergency medical technician transition requirements, an emergency medical technician transition course or an emergency medical responder transition course will result in loss of certification. Sec. 86. On July 1, 2011, K.S.A. 2010 Supp. 65-6124 is hereby amended to read as follows: 65-6124. (a) No physician, physician assistant, advanced registered nurse practitioner or licensed professional nurse, who gives emergency instructions to an attendant as defined by K.S.A. 65-6112, and amendments thereto, during an emergency, shall be liable for any civil damages as a result of issuing the instructions, except such damages which may result from gross negligence in giving such instructions. (b) No attendant as defined by K.S.A. 65-6112, and amendments thereto, who renders emergency care during an emergency pursuant to instructions given by a physician, the responsible physician for a physician assistant, advanced registered nurse practitioner or licensed professional nurse shall be liable for civil damages as a result of implementing such instructions, except such damages which may result from gross negligence or by willful or wanton acts or omissions on the part of such attendant as defined by K.S.A. 65-6112, and amendments thereto. (c) No person certified as an instructor-coordinator and no training officer shall be liable for any civil damages which may result from such instructor-coordinators or training officers course of instruction, except such damages which may result from gross negligence or by willful or wanton acts or omissions on the part of the instructor-coordinator or training officer. (d) No medical adviser director who reviews, approves and monitors the activities of attendants shall be liable for any civil damages as a result of such review, approval or monitoring, except such damages which may result from gross negligence in such review, approval or monitoring. Sec. 87. On July 1, 2011, K.S.A. 65-6126 is hereby amended to read as follows: 65-6126. Each emergency medical service shall have a medical adviser director appointed by the operator of the service to review, and implement medical protocols, approve and monitor the activities and education of the attendants. The board may approve an alternative procedure for medical oversight if no medical adviser director is available. Sec. 88. On July 1, 2011, K.S.A. 2010 Supp. 65-6129 is hereby amended to read as follows: 65-6129. (a) Application for an attendants certificate shall be made to the board. The board shall not grant an attendants certificate unless the applicant meets the following requirements: (1) (A) Has successfully completed coursework required by the rules and regulations adopted by the board; or (B) has successfully completed coursework in another jurisdiction that is substantially equivalent to that required by the rules and regulations adopted by the board; and (2) (A) has passed the examination required by the rules and regulations adopted by the board; or (B) has passed the certification or licensing examination in another jurisdiction that has been approved by the board.; and (3) has paid an application fee required by the rules and regulations adopted by the board. (continued)
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(b) (1) The board shall not grant a temporary attendants certificate unless the applicant meets the following requirements: (A) If the applicant is certified or licensed as an attendant in another jurisdiction, but the applicants coursework is determined not to be substantially equivalent to that required by the board, such temporary certificate shall be valid for one year from the date of issuance or until the applicant has completed the required coursework, whichever occurs first; or (B) if the applicant has completed the required coursework, has taken the required examination, but has not received the results of the examination, such temporary certificate shall be valid for 120 days from the date of the examination. (2) An applicant who has been granted a temporary certificate shall be under the direct supervision of a physician, a physicians assistant, a professional nurse or an attendant holding a certificate at the same level or higher than that of the applicant. (c) The board shall not grant an initial emergency medical technician-intermediate certificate, advanced emergency medical technician certificate, mobile intensive care technician certificate or paramedic certificate as a result of successful course completion in the state of Kansas, unless the applicant for such an initial certificate is certified as an emergency medical technician. (d) An attendants certificate shall expire on the date prescribed by the board. An attendants certificate may be renewed for a period of two years upon payment of a fee as prescribed by rule and regulation of the board and upon presentation of satisfactory proof that the attendant has successfully completed continuing education as prescribed by the board. (e) All fees received pursuant to the provisions of this section shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the emergency medical services operating fund established by K.S.A. 65-6151, and amendments thereto. (f) If a person who was previously certified as an attendant applies for an attendants certificate after the certificates expiration, the board may grant a certificate without the person completing an initial course of instruction or passing a certification examination if the person has completed education requirements and has paid a fee as specified in rules and regulations adopted by the board. (g) The board shall adopt, through rules and regulations, a formal list of graduated sanctions for violations of article 61 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto, which shall specify the number and severity of violations for the imposition of each level of sanction. Sec. 89. On July 1, 2011, K.S.A. 65-6132 is hereby amended to read as follows: 65-6132. (a) An operators permit may be denied, revoked, limited, modified or suspended by the board upon proof that such operator or any agent or employee thereof: (1) Has been guilty of misrepresentation in obtaining the permit or in the operation of the ambulance service; (2) has engaged or attempted to engage in, or represented themselves as entitled to perform, any ambulance service not authorized in the permit; (3) has demonstrated incompetence as defined by rules and regulations adopted by the board or has shown themselves otherwise unable to provide adequate ambulance service; (4) has failed to keep and maintain the records required by the provisions of this act, or the rules and regulations promulgated thereunder adopted by the board, or has failed to make reports when and as required; (5) has knowingly operated faulty or unsafe equipment; or (6) has violated or aided and abetted in the violation of any provision of this act or the rules and regulations promulgated thereunder. adopted by the board; or (7) has engaged in unprofessional conduct as defined by rules and regulations adopted by the board. (b) The board shall not limit, modify, revoke or suspend any operators permit pursuant to this section without first conducting a hearing in accordance with the provisions of the administrative procedure act. Sec. 90. On July 1, 2011, K.S.A. 65-6133 is hereby amended to read as follows: 65-6133. (a) An attendants, or instructor-coordinators or training officers certificate may be denied, revoked, limited, modified or suspended by the board or the board may refuse to renew such certificate upon proof that such individual: (1) Has made intentional misrepresentations in obtaining a certificate or renewing a certificate; (2) has performed or attempted to perform activities not authorized by statute at the level of certification held by the individual;
(3) has demonstrated incompetence as defined by rules and regulations adopted by the board or has provided inadequate patient care as determined by the board; (4) has violated or aided and abetted in the violation of any provision of this act or the rules and regulations promulgated thereunder adopted by the board; (5) has been convicted of a felony and, after investigation by the board, it is determined that such person has not been sufficiently rehabilitated to warrant the public trust; (6) has demonstrated an inability to perform authorized activities with reasonable skill and safety by reason of illness, alcoholism, excessive use of drugs, controlled substances or any physical or mental condition; or (7) has engaged in unprofessional conduct, as defined by rules and regulations adopted by the board.; or (8) has had a certificate, license or permit to practice emergency medical services as an attendant denied, revoked, limited or suspended or has been publicly or privately censured, by a licensing or other regulatory authority of another state, agency of the United States government, territory of the United States or other country or has had other disciplinary action taken against the applicant or holder of a permit, license or certificate by a licensing or other regulatory authority of another state, agency of the United States government, territory of the United States or other country. A certified copy of the record or order of public or private censure, denial, suspension, limitation, revocation or other disciplinary action of the licensing or other regulatory authority of another state, agency of the United States government, territory of the United States or other country shall constitute prima facie evidence of such a fact for purposes of this paragraph. (b) The board may limit, modify, revoke or suspend an attendants or instructor-coordinators certificate or the board may refuse to renew such certificate in accordance with the provisions of the Kansas administrative procedure act. Sec. 91. On July 1, 2011, K.S.A. 2010 Supp. 65-6144 is hereby amended to read as follows: 65-6144. (a) A first responder may perform any of the following activities: (1) Initial scene management including, but not limited to, gaining access to the individual in need of emergency care, extricating, lifting and moving the individual; (2) cardiopulmonary resuscitation and airway management; (3) control of bleeding; (4) extremity splinting excluding traction splinting; (5) stabilization of the condition of the individual in need of emergency care; (6) oxygen therapy; (7) use of oropharyngeal airways; (8) use of bag valve masks; (9) use automated external defibrillators; and (10) other techniques of preliminary care a first responder is trained to provide as approved by the board. (b) An individual who holds a valid certificate as a first responder, once completing the board prescribed transition course, and validation of cognitive and psychomotor competency as determined by rules and regulations of the board, may apply to transition to become an emergency medical responder. Alternatively, upon application for renewal of such certificate, such individual shall be deemed to hold a certificate as an emergency medical responder under this act, provided such individual has completed all continuing education hour requirements inclusive of a transition course and such individual shall not be required to file an original application for certification as an emergency medical responder under this act. (c) Renewal as used in subsection (b), refers to the first opportunity after December 31, 2011, that an attendant has to apply for renewal of a certificate following the effective date of this act. (d) First responder attendants who fail to meet the transition requirements as specified will forfeit their certification. (e) Upon transition, notwithstanding any other provision of law to the contrary, an emergency medical responder may perform any of the following interventions, by use of the devices, medications and equipment, or any combination thereof, after successfully completing an approved course of instruction, local specialized device training and competency validation and when authorized by medical protocols, or upon order when direct communication is maintained by radio, telephone or video conference is monitored by a physician, physician assistant when authorized by a physician, an advanced registered nurse practitioner when authorized by a physician or a licensed professional nurse when authorized by a physician, upon order of such person: (1) Emergency vehicle operations; (2) initial scene management; (3) patient assessment and stabilization; (4) cardiopulmonary resuscitation and airway management; (5) control of bleeding; (6) extremity splinting; (7) spinal im-
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mobilization; (8) oxygen therapy; (9) use of bag-valve-mask; (10) use of automated external defibrillator; (11) nebulizer therapy; (12) intramuscular injections with auto-injector; (13) administration of oral glucose; (14) administration of aspirin; (15) recognize and comply with advanced directives; (16) insertion and maintenance of oral and nasal pharyngeal airways; (17) use of blood glucose monitoring; and (18) other techniques and devices of preliminary care an emergency medical responder is trained to provide as approved by the board. Sec. 92. K.S.A. 65-1424 is hereby amended to read as follows: 651424. (a) The term proprietor as used in this act includes As used in this act: (1) Proprietor means any person who: (a) employs dentists or dental hygienists in the operation of a dental office.; or (2) Dental franchisor means any person or entity, pursuant to a written agreement, who provides a licensed dentist any dental practice management consulting services, which may include marketing or advertising services, signage or branding consulting, or places in possession of a licensed dentist such dental material or equipment as may be necessary for the management of a dental office on the basis of a lease or any other agreement for compensation. A person or entity is not a dental franchisor if the agreement with the dentist: (A) Permits the person or entity to interfere with the professional judgment of the dentist; or (B) contains terms that would constitute a violation of the dental practices act, rules and regulations adopted by the board, any orders and directives issued by the board or any other applicable law. (b) places in possession of a dentist or dental hygienists or other agent such dental material or equipment as may be necessary for the management of a dental office on the basis of a lease or any other agreement for compensation for the use of such material, equipment or offices; or (c) retains the ownership or control of dental equipment or material or office and makes the same available in any manner for the use by dentists or dental hygienists or other agents except that nothing in this subsection (c) shall apply to bona fide sales of dental equipment or material secured by a chattel mortgage or retain title agreement. (3) Unlicensed proprietor means any person or entity not authorized to own or operate a dental practice that enters into an agreement with a dentist or dental hygienist related to the practice of dentistry or dental hygiene which: (A) Permits the person or entity to interfere with the professional judgment of the dentist; or (B) contains terms that would constitute a violation of the dental practices act, rules and regulations adopted by the board, any orders and directives issued by the board or any other applicable law. A licensee of dentistry who enters into any of the above described arrangements any arrangement with an unlicensed proprietor may have such license limited, suspended or revoked by the board. (b) The estate or agent for a deceased or substantially disabled dentist may employ dentists, for a period of not more than one year, to provide service to patients until the practice can be sold. Sec. 93. K.S.A. 65-1425 is hereby amended to read as follows: 651425. Except as provided in K.S.A. 17-2706 et seq., and amendments thereto, no corporation shall practice, offer, or undertake to practice or hold itself out as practicing dentistry. Every person practicing dentistry as an employee of another shall cause his name to be conspicuously displayed and kept in a conspicuous place at the entrance of the place where such practice is conducted: Provided, however, That nothing herein contained,. Nothing in this section shall prohibit a licensed dentist from practicing dentistry as the agent or employee of another licensed dentist in this state, or from practicing dentistry as the agent or employee of any state hospital or state institution where his such dentists only remuneration is from the state, or from any corporation which provides dental service for its employees at no profit to the corporation. Nothing in this section shall prohibit a licensed dentist from practicing dentistry as an employee of a general hospital defined in K.S.A. 65-425, and amendments thereto, in a county with population of less than 50,000. Sec. 94. K.S.A. 2010 Supp. 65-1435 is hereby amended to read as follows: 65-1435. (a) Except as otherwise provided in this section, it shall be unlawful for any person or persons to practice or offer to practice dentistry under any name except such persons own name, which shall be the name used on the license granted to such person as a dentist as provided in the dental practices this act. (b) A licensed dentist may use the name of any association, corporation, clinic, trade name or business name in connection with the practice of dentistry, as defined in the dental practices this act, except that such name may not misrepresent the dentist to the public as determined by the Kansas dental board. (c) Nothing herein contained shall be construed to prevent two or more licensed dentists:
(1) From associating together for the practice of dentistry, each in such persons own proper name; or (2) from associating together for the practice of dentistry, each as owners, in a professional corporation, organized pursuant to the professional corporation law of Kansas, or, each as owners, in a limited liability company organized pursuant to the Kansas revised limited liability company act, and using a name that may or may not contain the proper name of any such person or persons except that such name may not misrepresent the dentist to the public if such name has been approved by the board and from employing nonowning licensees; or (3) from associating together with persons licensed to practice medicine and surgery in a clinic or professional association under a name that may or may not contain the proper name of any such person or persons and may contain the word clinic. (d) It shall be unlawful, and a licensee may have a license suspended or revoked, for any licensee to conduct a dental office in the name of the licensee, or to advertise the licensees name in connection with any dental office or offices, or to associate together for the practice of dentistry with other licensed dentists in a professional corporation or limited liability company, under a name that may or may not contain the proper name of any such person or persons or to associate together with persons licensed to practice medicine and surgery in a clinic or professional association under a name that may or may not contain the proper name of any such person or persons and may contain the word clinic, unless such licensee is personally present in the office operating as a dentist or personally overseeing such operations as are performed in the office or each of the offices during a majority of the time the office or each of the offices is being operated. (e) Nothing in this section shall be construed to permit the franchise practice of dentistry. (f) (e) The violation of any of the provisions of this section by any dentist shall subject such dentist to suspension or revocation of a license. (g) (f) Notwithstanding the provisions of subsection subsections (d) and (e), a licensee shall be permitted to own two dental offices in addition to the licensees primary office location under the following conditions: (1) The licensees secondary dental office is located within a 125 mile radius of the licensees primary office; and (2) the licensees secondary dental office is located in a county with a population of less than 10,000 according to the 2000 United States census. Sec. 95. K.S.A. 2010 Supp. 65-1436 is hereby amended to read as follows: 65-1436. (a) The Kansas dental board may refuse to issue the license under the dental practices provided for in this act, or may take any of the actions with respect to any dental or dental hygiene license as set forth in subsection (b), whenever it is established, after notice and opportunity for hearing in accordance with the provisions of the Kansas administrative procedure act, that any applicant for a dental or dental hygiene license or any licensed dentist or dental hygienist practicing in the state of Kansas has: (1) Committed fraud, deceit or misrepresentation in obtaining any license, money or other thing of value; (2) habitually used intoxicants or drugs which have rendered such person unfit for the practice of dentistry or dental hygiene; (3) been determined by the board to be professionally incompetent; (4) committed gross, wanton or willful negligence in the practice of dentistry or dental hygiene; (5) employed, allowed or permitted any unlicensed person or persons to perform any work in the licensees office which constitutes the practice of dentistry or dental hygiene under the provisions of the dental practices this act; (6) willfully violated the laws of this state relating to the practice of dentistry or dental hygiene or the rules and regulations of the secretary of health and environment or of the board regarding sanitation; (7) engaged in the division of fees, or agreed to split or divide the fee received for dental service with any person for bringing or referring a patient without the knowledge of the patient or the patients legal representative, except: (A) The division of fees between dentists practicing in a partnership and sharing professional fees; (B) the division of fees between, or in case of one licensed dentist employing another; or (C) the division of fees between a licensed dentist and a proprietor as defined in K.S.A. 65-1424, and amendments thereto dental franchisor; (8) committed complicity in association with or allowed the use of the licensed dentists name in conjunction with any person who is engaged in the illegal practice of dentistry; (continued)
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(9) been convicted of a felony or a misdemeanor involving moral turpitude in any jurisdiction and the licensee fails to show that the licensee has been sufficiently rehabilitated to warrant the public trust; (10) prescribed, dispensed, administered or distributed a prescription drug or substance, including a controlled substance, in an excessive, improper or inappropriate manner or quantity outside the scope of practice of dentistry or in a manner that impairs the health and safety of an individual; (11) prescribed, purchased, administered, sold or given away prescription drugs, including a controlled substance, for other than legal and legitimate purposes; (12) violated or been convicted of any federal or state law regulating possession, distribution or use of any controlled substance; (13) failed to pay license fees; (14) used the name clinic, institute or other title that may suggest a public or semipublic activity except that the name clinic may be used as authorized in K.S.A. 65-1435, and amendments thereto; (15) committed, after becoming a licensee, any conduct which is detrimental to the public health, safety or welfare as defined by rules and regulations of the board; (16) engaged in a misleading, deceptive, untrue or fraudulent misrepresentation in the practice of dentistry or on any document connected with the practice of dentistry by knowingly submitting any misleading, deceptive, untrue or fraudulent misrepresentation on a claim form, bill or statement, including the systematic waiver of patient copayment or co-insurance; (17) failed to keep adequate records; (18) the licensee has had a license to practice dentistry revoked, suspended or limited, has been censured or has had other disciplinary action taken, has had an application for license denied, or voluntarily surrendered the license after formal proceedings have been commenced by the proper licensing authority or another state, territory or the District of Columbia or other country, a certified copy of the record of the action of the other jurisdiction being conclusive evidence thereof; (19) failed to furnish the board, or its investigators or representatives any information legally requested by the board; or (20) assisted suicide in violation of K.S.A. 21-3406, prior to its repeal, or section 42 of chapter 136 of the 2010 Session Laws of Kansas K.S.A. 213406, and amendments thereto, as established by any of the following: (A) A copy of the record of criminal conviction or plea of guilty for a felony in violation of K.S.A. 21-3406, prior to its repeal, or section 42 of chapter 136 of the 2010 Session Laws of Kansas K.S.A. 21-3406, and amendments thereto;. (B) a copy of the record of a judgment of contempt of court for violating an injunction issued under K.S.A. 60-4404, and amendments thereto; or. (C) a copy of the record of a judgment assessing damages under K.S.A. 60-4405, and amendments thereto. (b) Whenever it is established, after notice and opportunity for hearing in accordance with the provisions of the Kansas administrative procedure act, that a licensee is in any of the circumstances or has committed any of the acts described in subsection (a), the Kansas dental board may take one or any combination of the following actions with respect to the license of the licensee: (1) Revoke the license;. (2) suspend the license for such period of time as may be determined by the board;. (3) restrict the right of the licensee to practice by imposing limitations upon dental or dental hygiene procedures which may be performed, categories of dental disease which may be treated or types of patients which may be treated by the dentist or dental hygienist. Such restrictions shall continue for such period of time as may be determined by the board, and the board may require the licensee to provide additional evidence at hearing before lifting such restrictions; or. (4) grant a period of probation during which the imposition of one or more of the actions described in subsections (b)(1) through (b)(3) will be stayed subject to such conditions as may be imposed by the board including a requirement that the dentist or dental hygienist refrain from any course of conduct which may result in further violation of the dental practice act or the dentist or dental hygienist complete additional or remedial instruction. The violation of any provision of the dental practice act or failure to meet any condition imposed by the board as set forth in the order of the board will result in immediate termination of the period of probation and imposition of such other action as has been taken by the board. (c) As used in this section, professionally incompetent means: (1) One or more instances involving failure to adhere to the applicable standard of dental or dental hygienist care to a degree which constitutes gross negligence, as determined by the board;
(2) repeated instances involving failure to adhere to the applicable standard of dental or dental hygienist care to a degree which constitutes ordinary negligence, as determined by the board; or (3) a pattern of dental or dental hygienist practice or other behavior which demonstrates a manifest incapacity or incompetence to practice dentistry. (d) In addition to or in lieu of one or more of the actions described in subsections (b)(1) through (b)(4) or in subsection (c) of K.S.A. 65-1444, and amendments thereto, the board may assess a fine not in excess of $10,000 against a licensee. All fines collected pursuant to this subsection shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury and of the amount so remitted, an amount equal to the boards actual costs related to fine assessment and enforcement under this subsection, as certified by the president of the board to the state treasurer, shall be credited to the dental board fee fund and the balance shall be credited to the state general fund. (e) The board, upon its own motion or upon the request of any licensee who is a party to a licensure action, may require a physical or mental examination, or both, of such licensee either prior to a hearing to be held as a part of a licensure action or prior to the termination of any period of suspension or the termination of any restrictions imposed upon the licensee as provided in subsection (b). New Sec. 96. (a) Any person who is not licensed as a dentist under the dental practices act, or any entity that is not a professional corporation or limited liability company composed of dentists which enter into an agreement with a dentist to provide dental office administrative services shall register with the Kansas dental board. (b) (1) The registration shall include the company name, contact information and responsible person of such person or entity along with the address and licensed dentist practice owner names for which administrative services are being provided. (2) Any person or entity registered under this section shall provide updated information to the Kansas dental board within 30 days of any changes to the information provided in paragraph (1). Any person or entity required to register pursuant to this section shall have 30 days from the execution of any contract or agreement with a dentist or professional corporation or limited liability company to complete the registration. (c) Any such person or entity required to register pursuant to this section operating under a contract or agreement executed prior to the effective date of this section shall be subject to the provisions of this section and shall have 30 days from the effective date of this section to complete the registration. A copy of all contracts or agreements providing for dental office administrative services shall be maintained by the registered dental office administrative services company and shall be subject to inspection during regular business hours at any time by the Kansas dental board. New Sec. 97. (a) As used in this section, licensed dentist means a dentist licensed under the dental practices act. (b) No person who is a licensed dentist or any entity that is not a professional corporation or limited liability company owned by a licensed dentist shall enter into or continue to maintain a contract or agreement with a licensed dentist in which such contract or agreement allows or provides for the following functions to be controlled by any person or entity other than a licensed dentist pursuant to this section: (1) Providing dental treatment to patients; (2) the decision to accept individual patients for treatment; (3) the direction or delegation of all professional dental services; (4) the ownership of dental charts or patient records; (5) except as provided in subsection (d), the ownership of dental equipment or dental materials; and (6) the supervision of clinical dental staff. (c) It shall not be a violation of this section for a person or entity to act on behalf of a licensed dentist to perform or arrange for others to perform office administrative services including, but not limited to: (1) Purchasing, billing or tax preparation; (2) compliance or quality assurance programs; (3) legal advice or representation; and (4) payroll, advertising, training, recruiting, recordkeeping, programming or other similar functions under the direction or with the consent or approval of a licensed dentist or professional corporation or limited liability company owned by a licensed dentist. (d) Nothing in this section shall prohibit a licensed dentist, professional corporation or limited liability company owned by a licensed dentist from entering into real estate lease, equipment lease or lease purchase agreement or bona fide sale of dental equipment or material
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secured by a chattel mortgage or retain title agreements with equipment manufacturers, landlords, lending institutions, leasing companies, dental franchisors or persons or entities providing dental office administrative services or similar commercial financing transactions. (e) No contract or provision in any such agreement shall require either party to indemnify the other party for negligence, intentional acts or omissions that constitute a violation of K.S.A. 65-1422 et seq., and amendments thereto. Sec. 98. K.S.A. 2010 Supp. 21-4010 is hereby amended to read as follows: 21-4010. (a) No person shall smoke in an enclosed area or at a public meeting including, but not limited to: (1) Public places; (2) taxicabs and limousines; (3) restrooms, lobbies, hallways and other common areas in public and private buildings, condominiums and other multiple-residential facilities; (4) restrooms, lobbies and other common areas in hotels and motels and in at least 80% of the sleeping quarters within a hotel or motel that may be rented to guests; (5) access points of all buildings and facilities not exempted pursuant to subsection (d); and (6) any place of employment. (b) Each employer having a place of employment that is an enclosed area shall provide a smoke-free workplace for all employees. Such employer shall also adopt and maintain a written smoking policy which shall prohibit smoking without exception in all areas of the place of employment. Such policy shall be communicated to all current employees within one week of its adoption and shall be communicated to all new employees upon hiring. Each employer shall provide a written copy of the smoking policy upon request to any current or prospective employee. (c) Notwithstanding any other provision of this section, K.S.A. 214011 or 21-4012, and amendments thereto, the proprietor or other person in charge of an adult care home, as defined in K.S.A. 39-923, and amendments thereto, or a medical care facility, may designate a portion of such adult care home, or the licensed long-term care unit of such medical care facility, as a smoking area, and smoking may be permitted within such designated smoking area. (d) The provisions of this section shall not apply to: (1) The outdoor areas of any building or facility beyond the access points of such building or facility; (2) private homes or residences, except when such home or residence is used as a day care home, as defined in K.S.A. 65-530, and amendments thereto; (3) a hotel or motel room rented to one or more guests if the total percentage of such hotel or motel rooms in such hotel or motel does not exceed 20%; (4) the gaming floor of a lottery gaming facility or racetrack gaming facility, as those terms are defined in K.S.A. 74-8702, and amendments thereto; (5) that portion of an adult care home, as defined in K.S.A. 39-923, and amendments thereto, that is expressly designated as a smoking area by the proprietor or other person in charge of such adult care home pursuant to subsection (c) and that is fully enclosed and ventilated; (6) that portion of a licensed long-term care unit of a medical care facility that is expressly designated as a smoking area by the proprietor or other person in charge of such medical care facility pursuant to subsection (c) and that is fully enclosed and ventilated and to which access is restricted to the residents and their guests; (7) tobacco shops; (8) a class A or class B club defined in K.S.A. 41-2601, and amendments thereto, which (A) held a license pursuant to K.S.A. 41-2606 et seq., and amendments thereto, as of January 1, 2009; and (B) notifies the secretary of health and environment in writing, not later than 90 days after the effective date of this act, that it wishes to continue to allow smoking on its premises; and (9) a private club in designated areas where minors are prohibited.; and (10) any benefit cigar dinner or other cigar dinner of a substantially similar nature that: (A) Is conducted specifically and exclusively for charitable purposes by a nonprofit organization which is exempt from federal income taxation pursuant to section 501(c)(3) of the federal internal revenue code of 1986; (B) is conducted no more than once per calendar year by such organization; and (C) has been held during each of the previous three years prior to January 1, 2011.
Sec. 99. K.S.A 65-1424 and 65-1425 and K.S.A. 2010 Supp. 21-4010, 65-1117, 65-1435 and 65-1436 are hereby repealed. Sec. 100. On July 1, 2011, K.S.A. 16-1602, 65-4970, 65-4972, 65-4973, 65-6102, 65-6110, 65-6126, 65-6132 and 65-6133 and K.S.A. 2010 Supp. 65-1669, 65-1671, 65-2901, 65-2913, 65-4971, 65-6112, 65-6120, 65-6121, 65-6123, 65-6124, 65-6129, 65-6144, 75-5664, 75-5665 and section 2, section 3, section 4, section 7, section 8, section 9 and section 10 of chapter 45 of the 2010 Session Laws of Kansas are hereby repealed. Sec. 101. On January 1, 2012, K.S.A 40-2250, 65-1113, 65-1114, 651118, 65-1120, as amended by section 236 of 2011 House Bill No. 2339, 65-1122, 65-1130, 65-1131, 65-1133, 65-1154, 65-1163, 74-32,131, 7432,132, 74-32,133, 74-32,134, 74-32,135, 74-32,136, 74-32,137 and 7432,138 and K.S.A. 2010 Supp. 8-1,125, 39-7,119, 40-2,111, 65-468, 65-1132, 65-1626, 65-1626d, 65-2921, 65-4101, 65-5402, 65-6112, as amended by section 82 of this act, 65-6119, 65-6120, as amended by section 83 of this act, 65-6121, as amended by section 84 of this act, 65-6123, as amended by section 85 of this act, 65-6124, as amended by section 86 of this act, 65-6129c, 65-6135, 65-6144, as amended by section 91 of this act, 72-5213, 72-8252 and 74-1106 are hereby repealed. Sec. 102. This act shall take effect and be in force from and after its publication in the Kansas register.
(Editors Note: Sections of the following bill were vetoed by the Governor and sustained by the Legislature. The line-item vetoes are indicated in double-strike type. The Governors line-item veto message is printed immediately following the bill.)
SENATE SUBSTITUTE for HOUSE BILL No. 2014 AN ACT making and concerning appropriations for fiscal years ending June 30, 2011, June 30, 2012, June 30, 2013, June 30, 2014, June 30, 2015, and June 30, 2016, for state agencies; authorizing certain transfers, capital improvement projects and fees, imposing certain restrictions and limitations, reducing compensation for state officers, and directing or authorizing certain receipts, disbursements, procedures and acts incidental to the foregoing; amending K.S.A. 2010 Supp. 2223, 12-5256, 49-514, 55-193, 72-8814, 74-99b34, 75-2319, 75-6702, 76775, 76-783, 76-7,107, 79-2959, 79-2964, 79-3425i, 79-34,156, 79-34,171 and 82a-953a and repealing the existing sections; also repealing section 138 of chapter 165 of the 2010 Session Laws of Kansas. Be it enacted by the Legislature of the State of Kansas: Section 1. (a) For the fiscal years ending June 30, 2011, June 30, 2012, June 30, 2013, June 30, 2014, June 30, 2015, and June 30, 2016, appropriations are hereby made, restrictions and limitations are hereby imposed, and transfers, capital improvement projects, fees, receipts, disbursements and acts incidental to the foregoing are hereby directed or authorized as provided in this act. (b) The agencies named in this act are hereby authorized to initiate and complete the capital improvement projects specified and authorized by this act or for which appropriations are made by this act, subject to the restrictions and limitations imposed by this act. (c) This act shall be known and may be cited as the omnibus appropriation act of 2011 and shall constitute the omnibus reconciliation spending limit bill for the 2011 regular session of the legislature for purposes of subsection (a) of K.S.A. 75-6702, and amendments thereto. (d) The appropriations made by this act shall not be subject to the provisions of K.S.A. 46-155, and amendments thereto. Sec. 2. The department of revenue is hereby authorized and directed to pay the following amounts from the motor-vehicle fuel tax refund fund, for claims not filed within the statutory filing period prescribed in K.S.A. 79-3458, and amendments thereto, to the following claimants: AGCO Corporation PO Box 4000 Hesston, KS 67062 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $7,801.70 America Jet 2010 Rogers Ct Salina, KS 67401 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $218.16 Armstrong, Harold 8920 Parallel Rd Frankfort, KS 66427 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $81.00 (continued)
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Bailey, Leland E 4747 NW 86th St Topeka, KS 66618 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Barton County Highway Dept PO Box 518 Great Bend, KS 67530 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Boden, Ignatz 958 Hwy 128 Mankato, KS 66956 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Bretton, Darrell 2037 E 1300 Rd Kensington, KS 66951 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Buller, Elizabeth 328 Rd 370 Council Grove, KS 66846 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Carter, Calvin 1072 Road 26 Sedan, KS 67361 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . City of Concordia 701 Washington Concordia, KS 66901 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . City of Eldorado PO Box 792 El Dorado, KS 67042 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Decatur County Feed Yard LLC 2361 Hwy 83 Oberlin, KS 67749 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dreier, Robert A 3328 W Dutch Ave Hesston, KS 67062 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Elliott, Blake 787 Paint Rd Hope, KS 67451 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ford County Feed Yard Inc 12466 US Hwy 400 Ford, KS 67842 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Frazee, Dennis R 2325 US Hwy 36 Sabetha, KS 66534 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Gering, Martin F 1729 Rawlins Rd Atchison, KS 66002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Hambelton, Paul 14619 Edgerton Rd Gardner, KS 66030 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J & G Inc 10200 E Road 170 Scott City, KS 67871 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Jirak Farms Inc 1476 320th Tampa, KS 67483 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Kinsley Country Club 510 E 7th Kinsley, KS 67547 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Marlatt Construction Co Inc 17588 274th Rd Atchison, KS 66002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Meisinger, Richard 1522 260th Marion, KS 66861 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Norton Co Road & Bridge Dept 15590 Washington Rd Norton, KS 67654 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Peterson Farms & Livestock Inc 10729 S Simpson Rd Assaria, KS 67416 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Preston, Fred PO Box 353 Howard, KS 67349 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Rau Farms Partnership 13901 E 47th S Derby, KS 67037 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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$125.16 $360.58 $530.93 $78.36 $182.52 $57.00 $3,030.79 $957.29 $218.59 $42.60 $613.22 $380.16 $43.32 $33.00 $45.72 $122.76 $33.00 $21.24 $1,150.11 $102.36 $11,264.76 $138.10 $45.00 $19.56
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Solomon Corp PO Box 245 Solomon, KS 67480 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $243.00 Talkington, Phyllis 423 A R Road Matfield Green, KS 66862 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $86.04 Troyer, Neal L 1577 40th Rd Yates Center, KS 66783 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $128.76 True, Lynn M 120 West 3rd St Smith Center, KS 66967 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $335.88 TWB Inc 922 Crazy Horse Rd Hutchinson, KS 67502 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $602.21 USD 231 Gardner Edgerton PO Box 97 Gardner, KS 66030 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $3,935.11 USD 489 Hays 323 West 12th Hays, KS 67601 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $823.45 Wildcat Concrete Serv Inc PO Box 750075 Topeka, KS 66675 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $339.52 Sec. 3. (a) The department of corrections is hereby authorized and directed to pay the following amount from the Lansing correctional facilityfacilities operations account of the state general fund for property loss of a television set, to the following claimant: Sherman L. Galloway #34138 PO Box 2 Lansing, KS 66043 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $108.00 (b) The department of corrections is hereby authorized and directed to pay the following amount from the El Dorado facilityfacilities operations account of the state general fund for audiocassettes lost by staff, to the following claimant: Nasif Gadelkarim #48278 PO Box 1568 Hutchinson, KS 67504 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $130.00 (c) The department of corrections is hereby authorized and directed to pay the following amount from the Winfield facilityfacilities operations account of the state general fund for damage to a television set, to the following claimant: Eugene Jackson #66395 PO Box 311 El Dorado, KS 67042 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $80.68 (d) The department of corrections is hereby authorized and directed to pay the following amount from the Lansing facilityfacilities operations account of the state general fund for a pair of boots lost while in the custody of staff, to the following claimant: Joseph Carlos Jones #59134 PO Box 2 Lansing, KS 66043 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $59.90 (e) The department of corrections is hereby authorized and directed to pay the following amount from the Larned correctional mental health facilityfacilities operations account of the state general fund for a pair of sweat shorts lost while in the custody of staff, to the following claimant: Jorge Jovel #85033 LCMHF 1318 Ks Hwy 264 Larned, KS 67550 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $7.77 (f) The department of corrections is hereby authorized and directed to pay the following amount from the Lansing correctional facility facilities operations account of the sate general fund for a picture destroyed by staff, to the following claimant: Austin T. Mason #80464 PO Box 2 Lansing, KS 66043 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $18.00 (g) The department of corrections is hereby authorized and directed to pay the following amount from the Hutchinson correctional facility facilities operations account of the state general fund for lost property while in the custody of staff, to the following claimant:
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Michael P ONeill #81296 PO Box 2 Lansing, KS 66043 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $18.23 (h) The department of corrections is hereby authorized and directed to pay the following amount from the Norton correctional facility facilities operations account of the state general fund for magazines confiscated by staff, to the following claimant: Micky Don Owens #94516 PO Box 546 Norton, KS 67654 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $6.00 (i) The department of corrections is hereby authorized and directed to pay the following amount from the Winfield correctional facility facilities operations account of the state general fund for lost property in the custody of staff, to the following claimant: Adrian M. Requena #48877 PO Box 1568 Hutchinson, KS 67504 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $24.19 (j) The department of corrections is hereby authorized and directed to pay the following amount from the Lansing correctional facility facilities operations account of the state general fund for a radio lost while in the custody of staff, to the following claimant: Antonio Toro #91574 PO Box 2 Lansing, KS 66043 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $13.50 Sec. 4. The Kansas department of wildlife and parks is hereby authorized and directed to pay the following amount from the wildlife fee fund for bobcat skins damaged while in the custody of the department, to the following claimant: Dan Barrow Dan Barrow Trading Co. Inc. 204 Central Ave PO Box 93 Denison, KS 66419 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $5,280.00 Sec. 5. (a) The Kansas highway patrol is hereby authorized and directed to pay the following amount from the Kansas highway patrol operations fund for payment of medical expenses of a prisoner in custody, to the following claimant: Kansas University Physicians Inc c/o E. Lou Bjorgaard Probasco Attorney and Agent 615 SW Topeka Blvd Topeka, KS 66603 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $12,477.14 (b) The Kansas highway patrol is hereby authorized and directed to pay the following amount from the Kansas highway patrol operations fund for payment of medical expenses of two prisoners in custody, to the following claimant: University of Kansas Hospital Authority c/o E. Lou Bjorgaard Probasco Attorney and Agent 615 SW Topeka Blvd Topeka, KS 66603 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $112,938.90 Sec. 6. The department of revenue is hereby authorized and directed to pay the following amount from the sales tax refund fund for reimbursement of the overpayment of sales taxes from 2007 through mid 2010, to the following claimant: Saunge, Inc PO Box 553 Inman, KS 67546 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $7,064.10 Sec. 7. The department of health and environment is hereby authorized and directed to pay the following amount from the underground petroleum storage tank release trust fund for reimbursement of expenses incurred for tests required by the department on a gasoline storage tank, to the following claimant: Marlin Carson 66 Food Mart, Inc 733 Village Court Girard, KS 66743 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,694.00 Sec. 8. The university of Kansas is hereby authorized and directed to pay the following amount from the general fees fund for reimbursement of overpayment of tuition due to an error in the determination of the residency status of a student, to the following claimant: Fred H. Fishman 3006 Wildwood Court North Newton, KS 67117 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $12,302.40
Sec. 9. (a) Except as otherwise provided by sections 2 through 8, the director of accounts and reports is hereby authorized and directed to draw warrants on the state treasurer in favor of the claimants specified in this act, upon vouchers duly executed by the state agencies directed to pay the amounts specified in such sections to the claimants or their legal representatives or duly authorized agents, as provided by law. (b) The director of accounts and reports shall secure prior to the payment of any amount to any claimant, other than amounts authorized to be paid pursuant to section 2 as motor-vehicle fuel tax refunds or as transactions between state agencies as provided by sections 2 through 8, a written release and satisfaction of all claims and rights against the state of Kansas and any agencies, officers and employees of the state of Kansas regarding their respective claims. Sec. 10. ATTORNEY GENERALKANSAS BUREAU OF INVESTIGATION (a) There is appropriated for the above agency from the state general fund for the fiscal year ending June 30, 2011, the following: Meth lab cleanup . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $150,000 Provided, That the above agency is hereby authorized to make expenditures from the meth lab cleanup account to contract for services for remediation of sites determined by law enforcement as hazardous resulting from the production of methamphetamine. (b) There is appropriated for the above agency from the following special revenue fund or funds for the fiscal year ending June 30, 2011, all moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures other than refunds authorized by law shall not exceed the following: Project safe neighborhoods fund . . . . . . . . . . . . . . . . . . . . . . . . . $114,408 Social security administration reimbursementfederal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Sec. 11. ABSTRACTERS BOARD OF EXAMINERS (a) On the effective date of this act, the expenditure limitation established for the fiscal year ending June 30, 2011, by the state finance council on the abstracters fee fund of the abstracters board of examiners is hereby decreased from $24,088 to $23,419. Sec. 12. GOVERNMENTAL ETHICS COMMISSION (a) On the effective date of this act, the expenditure limitation established for the fiscal year ending June 30, 2011, by the state finance council on the governmental ethics commission fee fund of the governmental ethics commission is hereby decreased from $291,764 to $263,176. Sec. 13. KANSAS HOME INSPECTORS REGISTRATION BOARD (a) On the effective date of this act, the expenditure limitation established for the fiscal year ending June 30, 2011, by section 11(b) of chapter 165 of the 2010 Session Laws of Kansas on the home inspectors registration fee fund of the Kansas home inspectors registration board is hereby decreased from $35,750 to $16,800. Sec. 14. BOARD OF NURSING (a) On the effective date of this act, the expenditure limitation established for the fiscal year ending June 30, 2011, by the state finance council on the board of nursing fee fund of the board of nursing is hereby increased from $1,904,365 to $1,952,425. Sec. 15. STATE BOARD OF PHARMACY (a) On the effective date of this act, there is appropriated for the above agency from the following special revenue fund or funds for the fiscal year ending June 30, 2011, all moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures other than refunds authorized by law shall not exceed the following: Harold Rogers prescription federal fund . . . . . . . . . . . . . . . . No limit NASPER grant federal fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Non-federal gifts and grants fund. . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That the state board of pharmacy is authorized to apply for and to accept grants and may accept donations, bequests or gifts from any non-federal source: Provided, however, That all moneys received for such grants, donations, bequests or gifts shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto: Provided further, That, upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the non-federal gifts and grants fund: And (continued)
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provided further, That all expenditures from this fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the president of the state board of pharmacy or a person designated by the president. State board of pharmacy litigation fund. . . . . . . . . . . . . . . . . No limit (b) On the effective date of this act, or as soon thereafter as moneys are available, the director of accounts and reports shall transfer $150,000 from the state board of pharmacy fee fund to the state board of pharmacy litigation fund. Sec. 16. KANSAS REAL ESTATE COMMISSION (a) On the effective date of this act, the expenditure limitation established for the fiscal year ending June 30, 2011, by the state finance council on the real estate fee fund of the Kansas real estate commission is hereby decreased from $1,123,206 to $1,028,342. (b) On the effective date of this act, or as soon thereafter as moneys are available, the director of accounts and reports shall transfer $200,000 from the real estate recovery revolving fund to the real estate fee fund. Sec. 17 OFFICE OF THE SECURITIES COMMISSIONER OF KANSAS (a) On the effective date of this act, or as soon thereafter as moneys are available, notwithstanding the provisions of K.S.A. 17-12a601, and amendments thereto, or any other statute, the director of accounts and reports shall transfer $800,000 from the investor education fund of the office of the securities commissioner of Kansas to the state general fund: Provided, That the transfer of such amount shall be in addition to any other transfer from the investor education fund to the state general fund as prescribed by law: Provided further, That the amount transferred from the investor education fund to the state general fund pursuant to this subsection is to reimburse the state general fund for accounting, auditing, budgeting, legal, payroll, personnel and purchasing services and any other governmental services which are performed on behalf of the office of the securities commissioner of Kansas by other state agencies which receive appropriations from the state general fund to provide such services. Sec. 18. STATE BOARD OF TECHNICAL PROFESSIONS (a) On the effective date of this act, the expenditure limitation established for the fiscal year ending June 30, 2011, by the state finance council on the technical professions fee fund of the state board of technical professions is hereby increased from $589,122 to $609,122. (b) On the effective date of this act, the expenditure limitation established for the fiscal year ending June 30, 2011, by section 25(a) of chapter 124 of the 2009 Session Laws of Kansas on expenditures for official hospitality from the technical professions fee fund of the state board of technical professions is hereby increased from $500 to $1,000. Sec. 19. STATE BOARD OF VETERINARY EXAMINERS (a) On the effective date of this act, the expenditure limitation established for the fiscal year ending June 30, 2011, by section 16(b) of chapter 165 of the 2010 Session Laws of Kansas on the veterinary examiners fee fund of the state board of veterinary examiners is hereby decreased from $268,382 to $265,522. Sec. 20. KANSAS PUBLIC EMPLOYEES RETIREMENT SYSTEM (a) On the effective date of this act, or as soon thereafter as moneys are available, the director of accounts and reports shall transfer $4,350,937 from the Kansas endowment for youth fund to the childrens initiatives fund. Sec. 21. OFFICE OF ADMINISTRATIVE HEARINGS (a) In addition to the other purposes for which expenditures may be made by the office of administrative hearings from moneys appropriated in the administrative hearings office fund for fiscal year 2011 for the office of administrative hearings as authorized by this or other appropriation act of the 2011 regular session of the legislature, expenditures may be made by the office of administrative hearings from moneys appropriated in the administrative hearings office fund for fiscal year 2011 for official hospitality: Provided, That expenditures from the administrative hearings office fund for fiscal year 2011 for official hospitality shall not exceed $100. Sec. 22. DEPARTMENT OF COMMERCE (a) On the effective date of this act, of the $307,050 appropriated for
the above agency for the fiscal year ending June 30, 2011, by section 67(a) of chapter 165 of the 2010 Session Laws of Kansas from the state economic development initiatives fund in the strong military bases program account, the sum of $61,410 is hereby lapsed. (b) On the effective date of this act, the expenditure limitation established for the fiscal year ending June 30, 2011, by section 67(b) of chapter 165 of the 2010 Session Laws of Kansas on the state affordable airfare fund of the department of commerce is hereby increased from $5,000,000 to $5,125,000. (c) On the effective date of this act, the amount directed by section 67(e) of chapter 165 of the 2010 Session Laws of Kansas to be transferred from the state economic development initiatives fund to the Kansas economic opportunity initiatives fund of the department of commerce on December 15, 2010, or as soon thereafter as moneys are available, is hereby decreased from $625,000 to $232,482: Provided, That, on the effective date of this act, any moneys transferred from the state economic development initiatives fund to the Kansas economic opportunity initiatives fund of the department of commerce on or after December 15, 2010, pursuant to section 67(e) of chapter 165 of the 2010 Session Laws of Kansas, shall be transferred from the Kansas economic opportunity initiatives fund of the department of commerce to the state economic development initiatives fund by the director of accounts and reports. Sec. 23. CITIZENS UTILITY RATEPAYER BOARD (a) (1) On and after the effective date of this act, notwithstanding the provisions of section 47(c) of chapter 124 of the 2009 Session Laws of Kansas or any other statute, no expenditures shall be made for fiscal year 2011 from the utility regulatory fee fund by the citizens utility ratepayer board of the amount equal to the final aggregate amount of unexpended and unencumbered expenditure authority for fiscal year 2010, pursuant to and as authorized for expenditure for fiscal year 2011 as provided by section 47(c) of chapter 124 of the 2009 Session Laws of Kansas, and, on the effective date of this act, the provisions of section 47(c) of chapter 124 of the 2009 Session Laws of Kansas are hereby declared to be null and void and shall have no force and effect. (2) On and after the effective date of this act, during the fiscal year ending June 30, 2011, in addition to other purposes for which expenditures may be made by the citizens utility ratepayer board from the utility regulatory fee fund for fiscal year 2011 as authorized by chapter 6 or chapter 165 of the 2010 Session Laws of Kansas or by this or other appropriation act of the 2011 regular session of the legislature, notwithstanding the provisions of any other statute, if the total expenditures authorized to be expended on contracts for professional services by the citizens utility ratepayer board by the expenditure limitation prescribed by section 47(a) of chapter 124 of the 2009 Session Laws of Kansas are not expended or encumbered for fiscal year 2010, then the amount equal to the amount of such expenditure authority for fiscal year 2010 remaining may be expended from the utility regulatory fee fund for fiscal year 2011 pursuant to contracts for professional services and any such expenditure for fiscal year 2011 shall be in addition to any expenditure limitation imposed on the utility regulatory fee fund for fiscal year 2011. Sec. 24. STATE CORPORATION COMMISSION (a) On the effective date of this act, the aggregate expenditure limitation established for the fiscal year ending June 30, 2011, by section 59(b) of chapter 165 of the 2010 Session Laws of Kansas on expenditures from the public service regulation fund, the motor carrier license fees fund and the conservation fee fund, in the aggregate, is hereby increased from $16,468,621 to $16,628,381. (b) There is appropriated for the above agency from the following special revenue fund or funds for the fiscal year ending June 30, 2011, all moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures other than refunds authorized by law shall not exceed the following: Compressed air energy storage fee fund . . . . . . . . . . . . . . . . No limit ARRA state electricity regulators assistancefederal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit (c) On the effective date of this act, the base state registration clearing fund of the state corporation commission is hereby redesignated as the unified carrier registration clearing fund of the state corporation commission, in accordance with K.S.A. 66-1,139a, and amendments thereto. (d) On the effective date of this act, the pipeline damage prevention grant programfederal fund of the state corporation commission is hereby redesignated as the one callfederal fund. Sec. 25.
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KANSAS, INC. (a) On the effective date of this act, of the $346,904 appropriated for the above agency for the fiscal year ending June 30, 2011, by section 68(a) of chapter 165 of the 2010 Session Laws of Kansas from the state economic development initiatives fund in the operations (including official hospitality) account, the sum of $88,756 is hereby lapsed. Sec. 26. KANSAS TECHNOLOGY ENTERPRISE CORPORATION (a) There is appropriated for the above agency from the state economic development initiatives fund for the fiscal year ending June 30, 2011, the following: Operations, assistance and grants (including official hospitality) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $71,426 Sec. 27. KANSAS LOTTERY (a) On the effective date of this act, the aggregate of the amounts authorized by section 65(b) of chapter 165 of the 2010 Session Laws of Kansas to be transferred from the lottery operating fund to the state gaming revenues fund during the fiscal year ending June 30, 2011, is hereby decreased from $70,400,000 to $68,800,000. Sec. 28. KANSAS RACING AND GAMING COMMISSION (a) There is appropriated for the above agency from the following special revenue fund or funds for the fiscal year ending June 30, 2011, all moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures other than refunds authorized by law shall not exceed the following: Illegal gambling enforcement fund. . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That expenditures may be made from the illegal gambling enforcement fund for direct or indirect operating expenditures incurred for investigatory activities, including, but not limited to, (1) conducting investigations of illegal gambling operations or activities, (2) participating in illegal gaming in order to collect or purchase evidence as part of an undercover investigation into illegal gambling operations, and (3) acquiring information or making contacts leading to illegal gaming activities: Provided, however, That all moneys that are expended for any such evidence purchase, information acquisition or similar investigatory purpose or activity from whatever funding source and that are recovered shall be deposited in the state treasury in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, and shall be credited to the illegal gambling enforcement fund. (b) On the effective date of this act, the director of accounts and reports shall transfer $5,000 from the state racing fund of the Kansas racing and gaming commission to the illegal gambling enforcement fund of the Kansas racing and gaming commission. (c) On June 30, 2011, the director of accounts and reports shall transfer all moneys in the racing reimbursable expense fund of the Kansas racing and gaming commission to the state racing fund of the Kansas racing and gaming commission. (d) On June 30, 2011, the director of accounts and reports shall transfer all moneys in the racing investigative expense fund of the Kansas racing and gaming commission to the state racing fund of the Kansas racing and gaming commission. (e) On June 30, 2011, the director of accounts and reports shall transfer all moneys in the horse fair racing benefit fund of the Kansas racing and gaming commission to the state racing fund of the Kansas racing and gaming commission. (f) On June 30, 2011, the director of accounts and reports shall transfer all moneys in the racing applicant deposit fund of the Kansas racing and gaming commission to the state racing fund of the Kansas racing and gaming commission. (g) On June 30, 2011, the director of accounts and reports shall transfer all moneys in the horse purse fund to the Kansas horse breeding development fund. On June 30, 2011, all liabilities of the horse purse fund are hereby transferred to and imposed on the Kansas horse breeding development fund and the horse purse fund is hereby abolished. (h) On June 30, 2011, the director of accounts and reports shall transfer all moneys in the gaming machine examination fund to the expanded lottery act regulation fund. On June 30, 2011, all liabilities of the gaming machine examination fund are hereby transferred to and imposed on the expanded lottery act regulation fund and the gaming machine examination fund is hereby abolished. Sec. 29. DEPARTMENT OF REVENUE (a) On the effective date of this act, the director of accounts and reports shall transfer $124,265 from the Kansas qualified biodiesel fuel
producer incentive fund of the department of revenue to the state economic development initiatives fund. Sec. 30. SECRETARY OF STATE (a) On the effective date of this act, the director of accounts and reports shall transfer $82,010 from the HAVA ELVIS fund of the secretary of state to the democracy fund of the secretary of state to provide matching funds to implement Title II of the federal help America vote act of 2002, public law 107-252, as prescribed under that act. Sec. 31. STATE TREASURER (a) On the effective date of this act, the expenditure limitation established for the fiscal year ending June 30, 2011, by section 51(a) of chapter 165 of the 2010 Session Laws of Kansas on the Kansas postsecondary education savings program trust fund of the state treasurer is hereby increased from $265,000 to no limit. (b) On the effective date of this act, the expenditure limitation established for the fiscal year ending June 30, 2011, by section 51(a) of chapter 165 of the 2010 Session Laws of Kansas on the Kansas postsecondary education savings expense fund of the state treasurer is hereby increased from $346,043 to no limit. (c) There is appropriated for the above agency from the following special revenue fund or funds for the fiscal year ending June 30, 2011, all moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures shall not exceed the following: Learjet bond fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That, on the 15th day of each month that commences during fiscal year 2011, the secretary of revenue shall determine the amount of revenue received by the state during the preceding month from withholding taxes paid with respect to an eligible project by each taxpayer that is an eligible business for which bonds have been issued under K.S.A. 2010 Supp. 74-50,136, and amendments thereto, and for which the learjet bond fund was created, and shall certify the amount so determined to the director of accounts and reports and, at the same time as such certification is transmitted to the director of accounts and reports, shall transmit a copy of such certification to the director of the budget and the director of legislative research: Provided further, That, upon receipt of each such certification, the director of accounts and reports shall transfer the amount certified from the state general fund to the learjet bond fund: And provided further, That, on or before the 10th day of each month commencing during fiscal year 2011, the director of accounts and reports shall transfer from the state general fund to the learjet bond fund interest earnings based on: (1) The average daily balance of moneys in the learjet bond fund for the preceding month; and (2) the net earnings rate of the pooled money investment portfolio for the preceding month: And provided further, That the moneys credited to the learjet bond fund from the withholding taxes paid by an eligible business and the interest earnings thereon shall be transferred by the state treasurer from the learjet bond fund to the appropriate account of the special economic revitalization fund administered by the state treasurer in accordance with K.S.A. 2010 Supp. 74-50,136, and amendments thereto. Siemens bond fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That, on the 15th day of each month that commences during fiscal year 2011, the secretary of revenue shall determine the amount of revenue received by the state during the preceding month from withholding taxes paid with respect to an eligible project by each taxpayer that is an eligible business for which bonds have been issued under K.S.A. 2010 Supp. 74-50,136, and amendments thereto, and for which the Siemens bond fund was created, and shall certify the amount so determined to the director of accounts and reports and, at the same time as such certification is transmitted to the director of accounts and reports, shall transmit a copy of such certification to the director of the budget and the director of legislative research: Provided further, That, upon receipt of each such certification, the director of accounts and reports shall transfer the amount certified from the state general fund to the Siemens bond fund: And provided further, That, on or before the 10th day of each month commencing during fiscal year 2011, the director of accounts and reports shall transfer from the state general fund to the Siemens bond fund interest earnings based on: (1) The average daily balance of moneys in the Siemens bond fund for the preceding month; and (2) the net earnings rate of the pooled money investment portfolio for the preceding month: And provided further, That the moneys credited to the Siemens bond fund from the withholding taxes paid by an eligible business and the interest earnings thereon shall be transferred by the state treasurer from the Siemens bond fund to the appropriate account (continued)
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of the special economic revitalization fund administered by the state treasurer in accordance with K.S.A. 2010 Supp. 74-50,136, and amendments thereto. Special economic revitalization fund. . . . . . . . . . . . . . . . . . . . . No limit Bioscience development and investment fund. . . . . . . . . . No limit Sec. 32. LEGISLATIVE COORDINATING COUNCIL (a) On the effective date of this act, of the $727,436 appropriated for the above agency for the fiscal year ending June 30, 2011, by section 44(a) of chapter 165 of the 2010 Session Laws of Kansas from the state general fund in the legislative coordinating counciloperations account, the sum of $20 is hereby lapsed. (b) On the effective date of this act, of the $3,215,664 appropriated for the above agency for the fiscal year ending June 30, 2011, by section 44(a) of chapter 165 of the 2010 Session Laws of Kansas from the state general fund in the office of revisor of statutesoperations account, the sum of $2,425 is hereby lapsed. (c) On the effective date of this act, of the $3,684,673 appropriated for the above agency for the fiscal year ending June 30, 2011 by section 44(a) of chapter 165 of the 2010 Session Laws of Kansas from the state general fund in the legislative research departmentoperations account, the sum of $12,223 is hereby lapsed. Sec. 33. DIVISION OF POST AUDIT (a) On the effective date of this act, of the $2,136,995 appropriated for the above agency for the fiscal year ending June 30, 2011, by section 46(a) of chapter 165 of the 2010 Session Laws of Kansas from the state general fund in the operations (including legislative post audit committee) account, the sum of $4,413 is hereby lapsed. Sec. 34. DEPARTMENT OF SOCIAL AND REHABILITATION SERVICES (a) There is appropriated for the above agency from the state general fund for the fiscal year ending June 30, 2011, the following: Other medical assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $5,444,990 Community based services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $4,263,900 Mental health and retardation services aid and assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $5,350,166 Youth services aid and assistance . . . . . . . . . . . . . . . . . . . . . . . . $4,413,425 (b) On the effective date of this act, of the $541,802 appropriated for the above agency for the fiscal year ending June 30, 2011, by section 77(c) of chapter 165 of the 2010 Session Laws of Kansas from the childrens initiatives fund in the childrens cabinet accountability fund account, the sum of $250,000 is hereby lapsed. (c) On the effective date of this act, of the $5,000,000 appropriated for the above agency for the fiscal year ending June 30, 2011, by section 77(c) of chapter 165 of the 2010 Session Laws of Kansas from the childrens initiatives fund in the family centered system of care account, the sum of $150,000 is hereby lapsed. (d) On the effective date of this act, of the $1,400,000 appropriated for the above agency for the fiscal year ending June 30, 2011, by section 77(c) of chapter 165 of the 2010 Session Laws of Kansas from the childrens initiatives fund in the child care account, the sum of $163 is hereby lapsed. (e) On the effective date of this act, of the $8,443,161 appropriated for the above agency for the fiscal year ending June 30, 2011, by section 77(c) of chapter 165 of the 2010 Session Laws of Kansas from the childrens initiatives fund in the childrens cabinet early childhood discretionary grant program account, the sum of $251,003 is hereby lapsed. (f) On the effective date of this act, of the $3,452,779 appropriated for the above agency for the fiscal year ending June 30, 2011, by section 77(c) of chapter 165 of the 2010 Session Laws of Kansas from the childrens initiatives fund in the early headstart account, the sum of $306 is hereby lapsed. (g) On the effective date of this act, of the $11,099,830 appropriated for the above agency for the fiscal year ending June 30, 2011, by section 77(c) of chapter 165 of the 2010 Session Laws of Kansas from the childrens initiatives fund in the early childhood block grant account, the sum of $1,062,207 is hereby lapsed. (h) On the effective date of this act, the expenditure limitation established for the fiscal year ending June 30, 2011, by section 77(b) of chapter 165 of the 2010 Session Laws of Kansas on the social welfare fund of the department of social and rehabilitation services is hereby decreased from $39,303,198 to $39,186,535. (i) On the effective date of this act, of the $3,822,570 appropriated for the above agency for the fiscal year ending June 30, 2011, by section 117(a) of chapter 165 of the 2010 Session Laws of Kansas from the state
institutions building fund in the debt servicenew state security hospital account, the sum of $839,561 is hereby lapsed. (j) On the effective date of this act, of the $2,584,371 appropriated for the above agency for the fiscal year ending June 30, 2011, by section 117(a) of chapter 165 of the 2010 Session Laws of Kansas from the state institutions building fund in the debt servicestate hospitals rehabilitation and repair account, the sum of $7,161 is hereby lapsed. (k) On the effective date of this act, of the $14,342,009 appropriated for the above agency for the fiscal year ending June 30, 2011, by section 77(a) of chapter 165 of the 2010 Session Laws of Kansas from the state general fund in the Osawatomie state hospitaloperating expenditures account, the sum of $500,000 is hereby lapsed. (l) On the effective date of this act, of the $4,524,298 appropriated for the above agency for the fiscal year ending June 30, 2011, by section 77(a) of chapter 165 of the 2010 Session Laws of Kansas from the state general fund in the Rainbow mental health facilityoperating expenditures account, the sum of $250,000 is hereby lapsed. (m) On the effective date of this act, of the $10,447,821 appropriated for the above agency for the fiscal year ending June 30, 2011, by section 77(a) of chapter 165 of the 2010 Session Laws of Kansas from the state general fund in the Parsons state hospital and training centeroperating expenditures account, the sum of $63,618 is hereby lapsed. (n) There is appropriated for the above agency from the state institutions building fund for the fiscal year ending June 30, 2011, the following: Energy conservation improvement debt service. . . . . . . . $63,618 Sec. 35. DEPARTMENT ON AGING (a) There is appropriated for the above agency from the state general fund for the fiscal year ending June 30, 2011, the following: LTC-medicaid assistanceTCM/FE . . . . . . . . . . . . . . . . . . . . . . $25,169 LTC-medicaid assistanceHCBS/FE . . . . . . . . . . . . . . . . . . . . . $2,263,079 LTC-medicaid assistanceNF . . . . . . . . . . . . . . . . . . . . . . . . . . . . $10,142,156 (b) On the effective date of this act, the expenditure limitation established for the fiscal year ending June 30, 2011, by section 75(b) of chapter 165 of the 2010 Session Laws of Kansas on the state licensure fee fund of the department on aging is hereby decreased from $1,144,569 to $1,115,927. (c) There is appropriated for the above agency from the following special revenue fund for the fiscal year ending June 30, 2011, all moneys now or hereafter lawfully credited to and available in such fund, except that expenditures other than refunds authorized by law shall not exceed the following: Health policy nursing facility quality care fund . . . . . . . . $19,501,789 Provided, That the secretary of aging, acting as the agent of the Kansas health policy authority, is hereby authorized to collect the quality care assessment under K.S.A. 2010 Supp. 75-7435, and amendments thereto, and notwithstanding the provisions of K.S.A. 2010 Supp. 75-7435, and amendments thereto, all moneys received for such quality care assessments shall be deposited in the state treasury to the credit of the health policy nursing facility quality care fund: Provided further, That all moneys in the health policy nursing facility quality care fund shall be used to finance initiatives to maintain or improve the quantity and quality of skilled nursing care in skilled nursing care facilities in Kansas in accordance with K.S.A. 2010 Supp 75-7435, and amendments thereto. Sec. 36. KANSAS HEALTH POLICY AUTHORITY (a) There is appropriated for the above agency from the state general fund for the fiscal year ending June 30, 2011, the following: Other medical assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $30,526,618 (b) On the effective date of this act, the expenditure limitation established for the fiscal year ending June 30, 2011, by section 76(b) of chapter 165 of the 2010 Session Laws of Kansas on the medical programs fee fund of the Kansas health policy authority is hereby increased from $54,284,610 to $54,480,402. (c) On the effective date of this act, the expenditure limitation established for the fiscal year ending June 30, 2011, by section 76(b) of chapter 165 of the 2010 Session Laws of Kansas on the other state fees fund of the Kansas health policy authority is hereby increased from $0 to $502,180. (d) On the effective date of this act, the expenditure limitation established for the fiscal year ending June 30, 2011, by section 76(b) of chapter 165 of the 2010 Session Laws of Kansas on the health care access improvement fund of the Kansas health policy authority is hereby decreased from $37,390,236 to $34,700,000.
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(e) On the effective date of this act, the expenditure limitation established for the fiscal year ending June 30, 2011, by section 76(b) of chapter 165 of the 2010 Session Laws of Kansas on the preventive health care program fund of the Kansas health policy authority is hereby increased from $519,240 to $656,100. (f) On the effective date of this act, the expenditure limitation established for the fiscal year ending June 30, 2011, by section 17(b) of chapter 165 of the 2010 Session Laws of Kansas on the health committee insurance fund of the Kansas health policy authority is hereby increased from $248,575 to $290,117. (g) On the effective date of this act, the expenditure limitation established for the fiscal year ending June 30, 2011, by the state finance council on expenditures from the state workers compensation self-insurance fund of the Kansas health policy authority for salaries and wages and other operating expenditures is hereby increased from $3,724,910 to $3,785,193: Provided, That no expenditures shall be made for salaries and wages from the increased expenditure authority provided by this subsection for expenditures for salaries and wages and other operating expenditures from the state workers compensation selfinsurance fund: Provided further, That, on and after the effective date of this act, during fiscal year 2011, no expenditures shall be made by the Kansas health policy authority from the state workers compensation self-insurance fund to convert and appoint persons performing contractual services for the Kansas health policy authority to be state employees of the Kansas health policy authority. (h) On the effective date of this act, the expenditure limitation established for the fiscal year ending June 30, 2011, by the state finance council on expenditures from the cafeteria benefits fund of the Kansas health policy authority for salaries and wages and other operating expenditures is hereby increased from $2,324,247 to $2,324,908: Provided, That no expenditures shall be made for salaries and wages from the increased expenditure authority provided by this subsection for expenditures for salaries and wages and other operating expenditures from the cafeteria benefits fund: Provided further, That, on and after the effective date of this act, during fiscal year 2011, no expenditures shall be made by the Kansas health policy authority from the cafeteria benefits fund to convert and appoint persons performing contractual services for the Kansas health policy authority to be state employees of the Kansas health policy authority. (i) On the effective date of this act, the expenditure limitation established for the fiscal year ending June 30, 2011, by the state finance council on expenditures from the dependent care assistance program fund of the Kansas health policy authority for salaries and wages and other operating expenditures is hereby increased from $226,327 to $429,628: Provided, That no expenditures shall be made for salaries and wages from the increased expenditure authority provided by this subsection for expenditures for salaries and wages and other operating expenditures from the dependent care assistance program fund: Provided further, That, on and after the effective date of this act, during fiscal year 2011, no expenditures shall be made by the Kansas health policy authority from the dependent care assistance program fund to convert and appoint persons performing contractual services for the Kansas health policy authority to be state employees of the Kansas health policy authority. (j) There is appropriated for the above agency from the following special revenue fund for the fiscal year ending June 30, 2011, all moneys now or hereafter lawfully credited to and available in such fund, except that expenditures other than refunds authorized by law shall not exceed the following: Quality care fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $0 Sec. 37. DEPARTMENT OF HEALTH AND ENVIRONMENT DIVISION OF HEALTH (a) There is appropriated for the above agency from the following special revenue fund or funds for the fiscal year ending June 30, 2011, all moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures other than refunds authorized by law shall not exceed the following: Maternity centers and child care facilities licensing fee fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit (b) There is hereby appropriated for the above agency from the state general fund for the fiscal year ending June 30, 2011, the following: Teen pregnancy prevention activities . . . . . . . . . . . . . . . . . . . . $100,000 Pregnancy maintenance initiative . . . . . . . . . . . . . . . . . . . . . . . . $100,000 Sec. 38. DEPARTMENT OF HEALTH AND ENVIRONMENT DIVISION OF ENVIRONMENT (a) There is appropriated for the above agency from the following
special revenue fund or funds for the fiscal year ending June 30, 2011, all moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures other than refunds authorized by law shall not exceed the following: Healthy watershed initiativefederal fund. . . . . . . . . . . . . No limit Sec. 39. KANSAS COMMISSION ON VETERANS AFFAIRS (a) There is appropriated for the above agency from the state general fund for the fiscal year ending June 30, 2011, the following: Scratch lottoveteran services . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,972 Veterans claim assistance programservice grants. . . . $22,894 (b) On the effective date of this act, of the $457,394 appropriated for the above agency for the fiscal year ending June 30, 2011, by section 72(a) of chapter 165 of the 2010 Session Laws of Kansas from the state general fund in the operating expendituresadministration account, the sum of $15,241 is hereby lapsed. (c) On the effective date of this act, of the $1,173,050 appropriated for the above agency for the fiscal year ending June 30, 2011, by section 72(a) of chapter 165 of the 2010 Session Laws of Kansas from the state general fund in the operating expendituresveteran services account, the sum of $26,050 is hereby lapsed. (d) In addition to the other purposes for which expenditures may be made by the Kansas commission on veterans affairs from moneys appropriated from the state general fund or any special revenue fund or funds for fiscal year 2011 for the Kansas commission on veterans affairs as authorized by section 72 of chapter 165 of the 2010 Session Laws of Kansas or by this or other appropriation act of the 2011 regular session of the legislature, expenditures shall be made by the Kansas commission on veterans affairs from the state general fund or any special revenue fund or funds for fiscal year 2010 or fiscal year 2011 for medicare billing software: Provided, That the aggregate amount of such expenditures for fiscal year 2011 for medicare billing software shall not exceed $20,000. (e) On the effective date of this act, the expenditure limitation established for the fiscal year ending June 30, 2011, by section 72(b) of chapter 165 of the 2010 Session Laws of Kansas on the soldiers home medicare fund of the Kansas commission on veterans affairs is hereby increased from $288,000 to no limit. (f) On the effective date of this act, the expenditure limitation established for the fiscal year ending June 30, 2011, by section 72(b) of chapter 165 of the 2010 Session Laws of Kansas on the soldiers home medicaid fund of the Kansas commission on veterans affairs is hereby increased from $270,000 to no limit. (g) On the effective date of this act, the expenditure limitation established for the fiscal year ending June 30, 2011, by section 72(b) of chapter 165 of the 2010 Session Laws of Kansas on the veterans home medicare fund of the Kansas commission on veterans affairs is hereby increased from $188,000 to no limit. (h) On the effective date of this act, the expenditure limitation established for the fiscal year ending June 30, 2011, by section 72(b) of chapter 165 of the 2010 Session Laws of Kansas on the veterans home medicaid fund of the Kansas commission on veterans affairs is hereby increased from $360,000 to no limit. Sec. 40. DEPARTMENT OF EDUCATION (a)(1) During the fiscal year ending June 30, 2011, on or before June 1, 2011, the commissioner of education, the director of legislative research and the director of the budget shall jointly determine the amount of moneys that are required to satisfy the maintenance of state financial support provisions of the federal individuals with disabilities education act, as amended, for the fiscal year ending June 30, 2011, based on recent estimates and other available information pertaining thereto, and shall jointly certify the amount so determined to the director of accounts and reports. (2) On June 1, 2011, if the amount certified by joint certification pursuant to subsection (a)(1) is more than $21,240,000, the director of accounts and reports shall determine the difference between $21,240,000 and the amount so certified and, on June 1, 2011, shall transfer the amount of such difference from the KPERSemployer contributions account of the state general fund of the above agency to the special education services aid account of the state general fund of the above agency. (3)(A) On June 3, 2011, of the $291,602,545 appropriated for the above agency for the fiscal year ending June 30, 2011, by section 79(a) of chapter 165 of the 2010 Session Laws of Kansas from the state general fund in the KPERSemployer contributions account, the sum determined by (continued)
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the director of accounts and reports as prescribed in subsection (a)(3)(B) is hereby lapsed. (B) On or before June 3, 2011, the director of accounts and reports shall determine the sum equal to $69,201,035 reduced by the amount equal to the amount transferred on June 3, 2011, from the KPERS employer contributions account of the state general fund of the above agency to the special education services aid account of the state general fund of the above agency pursuant to subsection (a)(2), if any amount is so transferred by the director of accounts and reports. (4) (A) On June 1, 2011, if the amount certified by joint certification pursuant to subsection (a)(1) is less than $21,240,000, the director of accounts and reports shall determine the difference between $21,240,000 and the amount so certified and, on June 1, 2011, shall transfer the amount of such difference from the special education services aid account of the state general fund of the above agency to the general state aid account of the state general fund of the above agency. (B) On July 1, 2011, there is appropriated for the above agency for the fiscal year ending June 30, 2012, from the state general fund in the general state aid account, the amount equal to the sum determined by the director of accounts and reports as prescribed in subsection (a)(4)(A). (5) At the same time that such joint certification is transmitted to the director of accounts and reports pursuant to subsection (a)(1), the commissioner of education, the director of legislative research and the director of the budget shall jointly transmit a copy of such certification to the speaker of the house of representatives, the speaker pro tem of the house of representatives, the majority leader of the house of representatives, the minority leader of the house of representatives, the chairperson of the committee on appropriations of the house of representatives, the chief clerk of the house of representatives, the president of the senate, the vice-president of the senate, the majority leader of the senate, the minority leader of the senate, the chairperson of the committee on ways and means of the senate and the secretary of the senate. (b) There is appropriated for the above agency from the state general fund for the fiscal year ending June 30, 2011, the following: Special education services aid . . . . . . . . . . . . . . . . . . . . . . . . . . . . $21,240,000 (c) On the effective date of this act, of the $1,961,339,680 appropriated for the above agency for the fiscal year ending June 30, 2011, by section 79(a) of chapter 165 of the 2010 Session Laws of Kansas from the state general fund in the general state aid account, the sum of $85,089,248 is hereby lapsed. (d) On the effective date of this act, of the $7,539,500 appropriated for the above agency for the fiscal year ending June 30, 2011, by section 79(c) of chapter 165 of the 2010 Session Laws of Kansas from the childrens initiatives fund in the parent education program account, the sum of $180,370 is hereby lapsed. (e) On the effective date of this act, of the $5,000,000 appropriated for the above agency for the fiscal year ending June 30, 2011, by section 79(c) of chapter 165 of the 2010 Session Laws of Kansas from the childrens initiatives fund in the Pre-K program account, the sum of $119,630 is hereby lapsed. (f) During the fiscal year ending June 30, 2011, in addition to other purposes for which expenditures may be made by the department of education from the special education services aid account of the state general fund for fiscal year 2011 for special education services aid as authorized by section 79(a) of chapter 165 of the 2010 Session Laws of Kansas or by this or other appropriation act of the 2011 regular session of the legislature, and notwithstanding the provisions of K.S.A. 2010 Supp. 72-998, and amendments thereto, or any other statute, the department of education shall make expenditures from the special education services aid account of the state general fund for fiscal year 2011 for a payment to each school district, as defined by K.S.A. 72-962, and amendments thereto, that received an amount of medicaid replacement state aid for the 2010-2011 school year that was more than $300,000 less than the amount of medicaid replacement state aid received for the 2009-2010 school year due to the loss of attendant care medicaid revenue from the Kansas health policy authority for school year 2010-2011: Provided, That the amount of such payment shall be equal to (1) the amount by which the medicaid replacement state aid received by the school district for the 2009-2010 school year is greater than the total of the medicaid replacement state aid for the 2010-2011 school year plus $300,000, minus (2) the total received by the school district for increases in other medicaid reimbursements for the 2010-2011school year: Provided further, That each such payment shall be made from the amount designated by the state board of education pursuant to K.S.A. 2010 Supp. 72-998, and amendments thereto, for medicaid replacement state aid for the 2010-2011 school year.
(g) On April 1, 2012, of the amount appropriated for the department of education for the fiscal year ending June 30, 2012, by this act from the state general fund in the KPERSemployer contributions account, the amount equal to the amount certified by joint certification pursuant to subsection (a)(1) is hereby lapsed. (h) On July 1, 2012, there is appropriated for the department of education for the fiscal year ending June 30, 2013, from the state general fund in the KPERSemployer contributions account the amount equal to the amount certified by joint certification pursuant to subsection (a)(1). Sec. 41. UNIVERSITY OF KANSAS (a) On July 1, 2011, or as soon thereafter as moneys are available, the director of accounts and reports shall transfer $300,000 from the standardized water data repository fund to the state water plan fund. Sec. 42. JUDICIAL BRANCH (a) There is appropriated for the above agency from the following special revenue fund or funds for the fiscal year ending June 30, 2011, all moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures other than refunds authorized by law shall not exceed the following: SJI grant fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Sec. 43. KANSAS STATE SCHOOL FOR THE BLIND (a) On the effective date of this act, of the $5,385,207 appropriated for the above agency for the fiscal year ending June 30, 2011, by section 82(a) of chapter 165 of the 2010 Session Laws of Kansas from the state general fund in the operating expenditures account, the sum of $30,509 is hereby lapsed. Sec. 44. KANSAS STATE SCHOOL FOR THE DEAF (a) On the effective date of this act, of the $8,890,257 appropriated for the above agency for the fiscal year ending June 30, 2011, by section 83(a) of chapter 165 of the 2010 Session Laws of Kansas from the state general fund in the operating expenditures account, the sum of $63,850 is hereby lapsed. Sec. 45. DEPARTMENT OF CORRECTIONS (a) There is appropriated for the above agency from the state general fund for the fiscal year ending June 30, 2011, the following: Operating expenditures. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $472,709 (b) On the effective date of this act, of the $13,700,482 appropriated for the above agency for the fiscal year ending June 30, 2011, by section 95(a) of chapter 165 of the 2010 Session Laws of Kansas from the state general fund in the facilities operations account, the sum of $3,500,000 is hereby lapsed. (c) On the effective date of this act, of the $13,084,057 appropriated for the above agency for the fiscal year ending June 30, 2011, by section 95(a) of chapter 165 of the 2010 Session Laws of Kansas from the state general fund in the Topeka correctional facilityfacilities operations account, the sum of $200 is hereby lapsed. (d) On the effective date of this act, of the $8,308,154 appropriated for the above agency for the fiscal year ending June 30, 2011, by section 95(a) of chapter 165 of the 2010 Session Laws of Kansas from the state general fund in the Hutchinson correctional facilityfacilities operations account, the sum of $500 is hereby lapsed. (e) On the effective date of this act, of the $38,326,136 appropriated for the above agency for the fiscal year ending June 30, 2011, by section 95(a) of chapter 165 of the 2010 Session Laws of Kansas from the state general fund in the Lansing correctional facilityfacilities operations account, the sum of $500 is hereby lapsed. (f) On the effective date of this act, of the $12,936,609 appropriated for the above agency for the fiscal year ending June 30, 2011, by section 95(a) of chapter 165 of the 2010 Session Laws of Kansas from the state general fund in the Ellsworth correctional facilityfacilities operations account, the sum of $442 is hereby lapsed. (g) On the effective date of this act, of the $5,301,602 appropriated for the above agency for the fiscal year ending June 30, 2011, by section 95(a) of chapter 165 of the 2010 Session Laws of Kansas from the state general fund in the Norton correctional facilityfacilities operations account, the sum of $991 is hereby lapsed. (h) On the effective date of this act, of the $3,088,303 appropriated for the above agency for the fiscal year ending June 30, 2011, by section 132(b) of chapter 165 of the 2010 Session Laws of Kansas from the correctional institutions building fund in the capital improvementsre-
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habilitation and repair of correctional institutions account, the sum of $374,471 is hereby lapsed. Sec. 46. JUVENILE JUSTICE AUTHORITY (a) On the effective date of this act, of the $23,331,916 appropriated for the above agency for the fiscal year ending June 30, 2011, by section 96(a) of chapter 165 of the 2010 Session Laws of Kansas from the state general fund in the purchase of services account, the sum of $3,336,312 is hereby lapsed. (b) On the effective date of this act, of the $4,000,013 appropriated for the above agency for the fiscal year ending June 30, 2011, by section 133(a) of chapter 165 of the 2010 Session Laws of Kansas from the state institutions building fund in the debt serviceTopeka complex and Larned juvenile correctional facility account, the sum of $2,411 is hereby lapsed. (c) On the effective date of this act, of the $87,682 appropriated for the above agency for the fiscal year ending June 30, 2011, by section 157(a) of chapter 131 of the 2008 Session Laws of Kansas from the state institutions building fund in the raze Atchison juvenile correctional facility maintenance building account, the sum of $3,148 is hereby lapsed. Sec. 47. ADJUTANT GENERAL (a) On the effective date of this act, of the $2,478,091 appropriated for the above agency for the fiscal year ending June 30, 2011, by section 135(a) of chapter 165 of the 2010 Session Laws of Kansas from the state general fund in the debt servicerehabilitation and repair of the statewide armories account, the sum of $3,960 is hereby lapsed. Sec. 48. EMERGENCY MEDICAL SERVICES BOARD (a) On the effective date of this act, the expenditure limitation established for the fiscal year ending June 30, 2011, by the state finance council on the emergency medical services operating fund of the emergency medical services board is hereby increased from $1,393,582 to $1,518,582. Sec. 49. STATE FIRE MARSHAL (a) On the effective date of this act, the expenditure limitation established for the fiscal year ending June 30, 2011, by the state finance council on the fire marshal fee fund of the state fire marshal is hereby decreased from $3,629,360 to $3,626,625. (b) On the effective date of this act, or as soon thereafter as moneys are available, the director of accounts and reports shall transfer $52,509 from the hazardous material program fund of the state fire marshal to the fire marshal fee fund of the state fire marshal. Sec. 50. KANSAS PAROLE BOARD (a) On the effective date of this act, of the $510,135 appropriated for the above agency for the fiscal year ending June 30, 2011, by section 99(a) of chapter 165 of the 2010 Session Laws of Kansas from the state general fund in the parole from adult correctional institutions account, the sum of $982 is hereby lapsed. Sec. 51. KANSAS COMMISSION ON PEACE OFFICERS STANDARDS AND TRAINING (a) On June 30, 2011, the director of accounts and reports shall transfer $500,000 from the Kansas commission on peace officers standards and training fund of the Kansas commission on peace officers standards and training to the state general fund: Provided, That the transfer of such amount shall be in addition to any other transfer from the Kansas commission on peace officers standards and training fund to the state general fund as prescribed by law: Provided further, That the amount transferred from the Kansas commission on peace officers standards and training fund to the state general fund pursuant to this subsection is to reimburse the state general fund for accounting, auditing, budgeting, legal, payroll, personnel and purchasing services and any other governmental services which are performed on behalf of the Kansas commission on peace officers standards and training by other state agencies which receive appropriations from the state general fund to provide such services. (b) On the effective date of this act, the expenditure limitation established for the fiscal year ending June 30, 2011, by section 104(a) of chapter 165 of the 2010 Session Laws of Kansas on the Kansas commission on peace officers standards and training fund of the Kansas commission on peace officers standards and training is hereby decreased from $650,005 to $549,246. Sec. 52.
KANSAS DEPARTMENT OF AGRICULTURE (a) On the effective date of this act, the director of accounts and reports shall transfer $3,081 from the state highway fund of the department of transportation to the water structuresstate highway fund of the Kansas department of agriculture. (b) On the effective date of this act, the expenditure limitation established for the fiscal year ending June 30, 2011, by section 105(b) of chapter 165 of the 2010 Session Laws of Kansas on the water structuresstate highway fund of the Kansas department of agriculture is hereby increased from $104,832 to no limit. (c) On the effective date of this act, the expenditure limitation established for the fiscal year ending June 30, 2011, by section 105(b) of chapter 165 of the 2010 Session Laws of Kansas on the water appropriation certification fund of the Kansas department of agriculture is hereby increased from $553,868 to no limit. Sec. 53. KANSAS DEPARTMENT OF WILDLIFE AND PARKS (a) On the effective date of this act, of the $74,264 appropriated for the above agency for the fiscal year ending June 30, 2011, by section 110(a) of chapter 165 of the 2010 Session Laws of Kansas from the state general fund in the reimbursement for annual licenses issued to Kansas disabled veterans account, the sum of $20,938 is hereby lapsed. (b) On the effective date of this act, of the $36,500 appropriated for the above agency for the fiscal year ending June 30, 2011, by section 110(a) of chapter 165 of the 2010 Session Laws of Kansas from the state general fund in the reimbursement for annual licenses issued to national guard members account, the sum of $7,000 is hereby lapsed. (c) On the effective date of this act, of the $18,000 appropriated for the above agency for the fiscal year ending June 30, 2011, by section 110(a) of chapter 165 of the 2010 Session Laws of Kansas from the state general fund in the reimbursement for annual park permits issued to national guard members account, the sum of $4,000 is hereby lapsed. (d) In addition to the other purposes for which expenditures may be made by the above agency from the parks fee fund for fiscal year 2011, expenditures may be made by the above agency from the following capital improvement account or accounts of the parks fee fund for fiscal year 2011 for the following capital improvement project or projects, subject to the expenditure limitations prescribed therefor: Pratt operations office sewer line upgrade . . . . . . . . . . . . . . $70,950 (e) In addition to the other purposes for which expenditures may be made by the above agency from the wildlife fee fund for fiscal year 2011, expenditures may be made by the above agency from the following capital improvement account or accounts of the wildlife fee fund for fiscal year 2011 for the following capital improvement project or projects, subject to the expenditure limitations prescribed therefor: Pratt operations office sewer line upgrade . . . . . . . . . . . . . . $378,400 (f) In addition to the other purposes for which expenditures may be made by the above agency from the boating fee fund for fiscal year 2011, expenditures may be made by the above agency from the following capital improvement account or accounts of the boating fee fund for fiscal year 2011 for the following capital improvement project or projects, subject to the expenditure limitations prescribed therefor: Pratt operations office sewer line upgrade . . . . . . . . . . . . . . $23,650 (g) In addition to the other purposes for which expenditures may be made by the above agency from the wildlife restoration fund for fiscal year 2011, expenditures may be made by the above agency from the following capital improvement account or accounts of the wildlife restoration fund for fiscal year 2011 for the following capital improvement project or projects, subject to the expenditure limitations prescribed therefor: Rehabilitation and repair . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $260,000 Sec. 54. KANSAS WATER OFFICE (a) There is appropriated for the above agency from the state water plan fund for the fiscal year ending June 30, 2011, the following: Neosho river basin issues. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $464,630 Sec. 55. STATE CONSERVATION COMMISSION (a) On the effective date of this act, the appropriation for the above agency for the fiscal year ending June 30, 2011, by section 108(d) of chapter 165 of the 2010 Session Laws of Kansas of any unencumbered balance in the conservation reserve enhancement program account of the state water plan fund is hereby lapsed. (continued)
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Sec. 56. (a) (1) On the effective date of this act, of the amount appropriated or reappropriated for the fiscal year ending June 30, 2011, in each account of the state general fund of each state agency, as authorized and provided by chapter 2, chapter 124 or chapter 144 of the 2009 Session Laws of Kansas, by chapter 6 or chapter 165 of the 2010 Session Laws of Kansas, or by this or other appropriation act of the 2011 regular session of the legislature, that is budgeted for salaries and wages, including per diem compensation, and any associated employer contributions, other than employer payments for participants under the state health care benefits program pursuant to K.S.A. 75-6508, and amendments thereto, and longevity payments authorized by law, for state officers, as defined by this section, for the first payroll period commencing on or after the effective date of this act and each payroll period thereafter chargeable to fiscal year 2011, as determined by the director of the budget after consultation with the director of legislative research and upon certification to the director of accounts and reports, the amount equal to 7.5% of the amount so determined is hereby lapsed. (2) On the effective date of this act, of the amount appropriated or reappropriated for the fiscal year ending June 30, 2011, in each account of the state economic development initiatives fund of each state agency, as authorized and provided by chapter 2, chapter 124 or chapter 144 of the 2009 Session Laws of Kansas, by chapter 6 or chapter 165 of the 2010 Session Laws of Kansas, or by this or other appropriation act of the 2011 regular session of the legislature, that is budgeted for salaries and wages, including per diem compensation, and any associated employer contributions, other than employer payments for participants under the state health care benefits program pursuant to K.S.A. 75-6508, and amendments thereto, and longevity payments authorized by law, for state officers, as defined by this section, for the first payroll period commencing on or after the effective date of this act and each payroll period thereafter chargeable to fiscal year 2011, as determined by the director of the budget after consultation with the director of legislative research and upon certification to the director of accounts and reports, the amount equal to 7.5% of the amount so determined is hereby lapsed. (3) On the effective date of this act, of the amount appropriated or reappropriated for the fiscal year ending June 30, 2011, in each account of the state water plan fund of each state agency, as authorized and provided by chapter 2, chapter 124 or chapter 144 of the 2009 Session Laws of Kansas, by chapter 6 or chapter 165 of the 2010 Session Laws of Kansas, or by this or other appropriation act of the 2011 regular session of the legislature, that is budgeted for salaries and wages, including per diem compensation, and any associated employer contributions, other than employer payments for participants under the state health care benefits program pursuant to K.S.A. 75-6508, and amendments thereto, and longevity payments authorized by law, for state officers, as defined by this section, for the first payroll period commencing on or after the effective date of this act and each payroll period thereafter chargeable to fiscal year 2011, as determined by the director of the budget after consultation with the director of legislative research and upon certification to the director of accounts and reports, the amount equal to 7.5% of the amount so determined is hereby lapsed. (b) On the effective date of this act, notwithstanding the provisions of K.S.A. 2-1904, 17-2233, 20-155, 20-318, 20-3122, 20-3124, 25-4119a, 32801, 40-102, 40-110, 44-1003, 46-137a, 46-137b, 46-1102, 46-1210, 46-1211, 46-1212a, 48-203, 72-7602, 74-560, 74-601, 74-630, 74-2434, 74-2613, 743203a, 74-4908, 74-5002a, 74-8005, 74-8105, 74-8703, 75-412, 75-622, 75711, 75-2535, 75-2701, 75-2935b, 75-3101, 75-3102, 75-3103, 75-3104, 753108, 75-3110, 75-3111, 75-3120f, 75-3120g, 75-3120h, 75-3120j, 75-3122, 75-3123, 75-3124, 75-3125, 75-3126, 75-3135, 75-3136, 75-3137, 75-3141, 75-3148, 75-3149, 75-3150, 75-3212, 75-3223, 75-3702a, 75-5001, 75-5101, 75-5203, 75-5301, 75-5601, 75-5701, 75-5702, 75-5708, 75-5903, 75-6301, 75-7001, 76-714 and 76-715 and K.S.A. 2010 Supp. 75-3135a, 75-7206, 757207, 75-7402 and 75-7427, and amendments thereto, or any other statute, the rate of compensation for each state officer, as defined by this section, is hereby reduced by 7.5% for the first payroll period commencing on or after the effective date of this act and each payroll period thereafter chargeable to fiscal year 2011, and shall not be increased for any payroll period chargeable to fiscal year 2011: Provided, That the secretary of administration is hereby authorized and directed to implement and administer the provisions of this section to provide for such reductions: Provided further, That the secretary of administration shall ensure that such reductions to the rate of compensation of the state officers subject to the provisions of this section for the fiscal year 2011 have been implemented: And provided further, That the secretary of administration is hereby authorized to reduce any such rate of compensation to implement the provisions of this section: And provided further, That no such reduction prescribed by this subsection shall apply to payroll periods commencing on or after June 12, 2011.
(c) On the effective date of this act, the expenditure limitation established for the fiscal year ending June 30, 2011, provided by chapter 2, chapter 124 or chapter 144 of the 2009 Session Laws of Kansas, by chapter 6 or chapter 165 of the 2010 Session Laws of Kansas, or by this or other appropriation act of the 2011 regular session of the legislature, or by the state finance council, on each special revenue fund in the state treasury is hereby decreased for fiscal year 2011 by the amount equal to 7.5% of the aggregate amount that is budgeted for salaries and wages, including per diem compensation, and any associated employer contributions, other than employer payments for participants under the state health care benefits program pursuant to K.S.A. 75-6508, and amendments thereto, and longevity payments authorized by law, for state officers, as defined by this section, for all payroll periods commencing on or after the effective date of this act which are chargeable to fiscal year 2011 for such special revenue fund, as determined by the director of the budget, after consultation with the director of legislative research, and certified to the director of accounts and reports. (d) As used in this section, (1) state agency has the meaning ascribed thereto by K.S.A. 75-3701, and amendments thereto, and includes the governors department, lieutenant governor, attorney general, secretary of state, state treasurer, commissioner of insurance, each agency of the executive branch, the legislature and each agency of the legislative branch, the judicial branch and each agency of the judicial branch; (2) state officer means (A) the governor, lieutenant governor, attorney general, secretary of state, state treasurer, commissioner of insurance, each secretary of a department or other chief executive officer of a department of the executive branch, each member of a board, commission, council or authority of the executive branch, (B) each member of the legislature, each legislative officer specified in K.S.A. 46-137b, and amendments thereto, (C) each justice of the supreme court, each judge of the court of appeals, each district judge, each district magistrate judge, and (D) each other state officer in the executive branch, legislative branch or judicial branch of state government whose position is specified by statute or is otherwise determined to be a salaried officer of the state as that phrase is used in section 15 of article 1 or section 13 of article 3 of the constitution of the state of Kansas, and in any case state officer includes all salaried officers of the state as that phrase is used in section 15 of article 1 or section 13 of article 3 of the constitution of the state of Kansas; (3) compensation means any salary or per diem compensation provided by law for a state officer. Sec. 57. (a) During the fiscal year ending June 30, 2011, subject to any applicable requirements of federal statutes, rules, regulations or guidelines, any expenditures or grants of money by any state agency for family planning services financed in whole or in part from federal title X moneys shall be made subject to the following two priorities: First priority to public entities (state, county, local health departments and health clinics) and if any moneys remain then; second priority to nonpublic entities which are hospitals or federally qualified health centers that provide comprehensive primary and preventative care in addition to family planning services. (b) As used in this section hospitals shall have the same meaning as defined in K.S.A. 65-425, and amendments thereto, and federally qualified health center shall have the same meaning as defined in K.S.A. 65-1669, and amendments thereto. Sec. 58. ABSTRACTERS BOARD OF EXAMINERS (a) There is appropriated for the above agency from the following special revenue fund or funds for the fiscal years specified all moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures other than refunds authorized by law shall not exceed the following: Abstracters fee fund For the fiscal year ending June 30, 2012. . . . . . . . . . . . . . . $23,291 For the fiscal year ending June 30, 2013. . . . . . . . . . . . . . . $24,742 Sec. 59. BOARD OF ACCOUNTANCY (a) There is appropriated for the above agency from the following special revenue fund or funds for the fiscal year or years specified all moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures other than refunds authorized by law shall not exceed the following: Board of accountancy fee fund For the fiscal year ending June 30, 2012. . . . . . . . . . . . . . . $340,227 Provided, That expenditures from the board of accountancy fee fund for the fiscal year ending June 30, 2012, for official hospitality shall not exceed $1,000.
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For the fiscal year ending June 30, 2013. . . . . . . . . . . . . . . $346,732 Provided, That expenditures from the board of accountancy fee fund for the fiscal year ending June 30, 2013, for official hospitality shall not exceed $1,000. Special litigation reserve fund For the fiscal year ending June 30, 2012. . . . . . . . . . . . . . . No limit Provided, That no expenditures shall be made from the special litigation reserve fund for the fiscal year ending June 30, 2012, except upon the approval of the director of the budget acting after ascertaining that: (1) Unforeseeable occurrence or unascertainable effects of a foreseeable occurrence characterize the need for the requested expenditure, and delay until the next legislative session on the requested action would be contrary to clause (3) of this proviso; (2) the requested expenditure is not one that was rejected in the next preceding session of the legislature and is not contrary to known legislative policy; and (3) the requested action will assist the above agency in attaining an objective or goal which bears a valid relationship to powers and functions of the above agency. For the fiscal year ending June 30, 2013. . . . . . . . . . . . . . . No limit Provided, That no expenditures shall be made from the special litigation reserve fund for the fiscal year ending June 30, 2013, except upon the approval of the director of the budget acting after ascertaining that: (1) Unforeseeable occurrence or unascertainable effects of a foreseeable occurrence characterize the need for the requested expenditure, and delay until the next legislative session on the requested action would be contrary to clause (3) of this proviso; (2) the requested expenditure is not one that was rejected in the next preceding session of the legislature and is not contrary to known legislative policy; and (3) the requested action will assist the above agency in attaining an objective or goal which bears a valid relationship to powers and functions of the above agency. (b) During the fiscal year ending June 30, 2012, the executive director of the board of accountancy, with the approval of the director of the budget, may transfer moneys from the board of accountancy fee fund to the special litigation reserve fund of the board of accountancy: Provided, That the aggregate of such transfers for the fiscal year ending June 30, 2012, shall not exceed $15,000: Provided further, That the executive director of the board of accountancy shall certify each such transfer of moneys to the director of accounts and reports and shall transmit a copy of each such certification to the director of the budget and the director of legislative research. (c) During the fiscal year ending June 30, 2013, the executive director of the board of accountancy, with the approval of the director of the budget, may transfer moneys from the board of accountancy fee fund to the special litigation reserve fund of the board of accountancy: Provided, That the aggregate of such transfers for the fiscal year ending June 30, 2013, shall not exceed $15,000: Provided further, That the executive director of the board of accountancy shall certify each such transfer of moneys to the director of accounts and reports and shall transmit a copy of each such certification to the director of the budget and the director of legislative research. Sec. 60. STATE BANK COMMISSIONER (a) There is appropriated for the above agency from the following special revenue fund or funds for the fiscal year or years specified all moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures other than refunds authorized by law shall not exceed the following: Bank commissioner fee fund For the fiscal year ending June 30, 2012. . . . . . . . . . . . . . . $9,264,905 Provided, That expenditures from the bank commissioner fee fund for the fiscal year ending June 30, 2012, for official hospitality for the division of consumer and mortgage lending shall not exceed $1,000: Provided further, That expenditures from the bank commissioner fee fund for the fiscal year ending June 30, 2012, for official hospitality for the division of banking shall not exceed $1,000. For the fiscal year ending June 30, 2013. . . . . . . . . . . . . . . $9,742,902 Provided, That expenditures from the bank commissioner fee fund for the fiscal year ending June 30, 2013, for official hospitality for the division of consumer and mortgage lending shall not exceed $1,000: Provided further, That expenditures from the bank commissioner fee fund for the fiscal year ending June 30, 2013, for official hospitality for the division of banking shall not exceed $1,000. Bank examination and investigation fund For the fiscal year ending June 30, 2012. . . . . . . . . . . . . . . No limit For the fiscal year ending June 30, 2013. . . . . . . . . . . . . . . No limit Consumer education settlement fund For the fiscal year ending June 30, 2012. . . . . . . . . . . . . . . No limit
Provided, That expenditures may be made from the consumer education settlement fund for the fiscal year ending June 30, 2012, for consumer education purposes, which may be in accordance with contracts for such activities which are hereby authorized to be entered into by the state bank commissioner or the deputy commissioner of the consumer and mortgage lending division, as the case may require, and the entities conducting such activities. For the fiscal year ending June 30, 2013. . . . . . . . . . . . . . . No limit Provided, That expenditures may be made from the consumer education settlement fund for the fiscal year ending June 30, 2013, for consumer education purposes, which may be in accordance with contracts for such activities which are hereby authorized to be entered into by the state bank commissioner or the deputy commissioner of the consumer and mortgage lending division, as the case may require, and the entities conducting such activities. (b) During the fiscal years ending June 30, 2012, and June 30, 2013, notwithstanding the provisions of K.S.A. 9-2209, 9-2218, 16a-2-302 and 16a-6-104, and amendments thereto, or any other statute, all moneys received under the Kansas mortgage business act or the uniform consumer credit code for fines or settlement moneys designated for consumer education shall be deposited in the state treasury to the credit of the consumer education settlement fund. Sec. 61. KANSAS BOARD OF BARBERING (a) There is appropriated for the above agency from the following special revenue fund or funds for the fiscal year or years specified all moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures other than refunds authorized by law shall not exceed the following: Board of barbering fee fund For the fiscal year ending June 30, 2012. . . . . . . . . . . . . . . $156,554 For the fiscal year ending June 30, 2013. . . . . . . . . . . . . . . $144,892 Sec. 62. BEHAVIORAL SCIENCES REGULATORY BOARD (a) There is appropriated for the above agency from the following special revenue fund or funds for the fiscal year or years specified all moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures other than refunds authorized by law shall not exceed the following: Behavioral sciences regulatory board fee fund For the fiscal year ending June 30, 2012. . . . . . . . . . . . . . . $618,640 Provided, That expenditures from the behavioral sciences regulatory board fee fund for the fiscal year ending June 30, 2012, for official hospitality shall not exceed $500: Provided further, That all expenditures from the behavioral sciences regulatory board fee fund for the fiscal year ending June 30, 2012, for disciplinary hearings shall be in addition to any expenditure limitation imposed on the behavioral sciences regulatory board fee fund for fiscal year 2012. For the fiscal year ending June 30, 2013. . . . . . . . . . . . . . . $636,586 Provided, That expenditures from the behavioral sciences regulatory board fee fund for the fiscal year ending June 30, 2013, for official hospitality shall not exceed $500: Provided further, That all expenditures from the behavioral sciences regulatory board fee fund for the fiscal year ending June 30, 2013, for disciplinary hearings shall be in addition to any expenditure limitation imposed on the behavioral sciences regulatory board fee fund for fiscal year 2013. Sec. 63. STATE BOARD OF HEALING ARTS (a) There is appropriated for the above agency from the following special revenue fund or funds for the fiscal year or years specified all moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures other than refunds authorized by law shall not exceed the following: Healing arts fee fund For the fiscal year ending June 30, 2012. . . . . . . . . . . . . . . $4,205,308 Provided, That expenditures from the healing arts fee fund for the fiscal year ending June 30, 2012, for official hospitality shall not exceed $1,000: Provided further, That all expenditures from the healing arts fee fund for the fiscal year ending June 30, 2012, for disciplinary hearings shall be in addition to any expenditure limitation imposed on the healing arts fee fund for fiscal year 2012. For the fiscal year ending June 30, 2013. . . . . . . . . . . . . . . $4,321,859 Provided, That expenditures from the healing arts fee fund for the fiscal year ending June 30, 2013, for official hospitality shall not exceed $1,000: (continued)
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Provided further, That all expenditures from the healing arts fee fund for the fiscal year ending June 30, 2013, for disciplinary hearings shall be in addition to any expenditure limitation imposed on the healing arts fee fund for fiscal year 2013. Sec. 64. KANSAS STATE BOARD OF COSMETOLOGY (a) There is appropriated for the above agency from the following special revenue fund or funds for the fiscal year or years specified all moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures other than refunds authorized by law shall not exceed the following: Cosmetology fee fund For the fiscal year ending June 30, 2012. . . . . . . . . . . . . . . $828,391 Provided, That expenditures from the cosmetology fee fund for the fiscal year ending June 30, 2012, for official hospitality shall not exceed $500. For the fiscal year ending June 30, 2013. . . . . . . . . . . . . . . $816,055 Provided, That expenditures from the cosmetology fee fund for the fiscal year ending June 30, 2013, for official hospitality shall not exceed $500. Sec. 65. STATE DEPARTMENT OF CREDIT UNIONS (a) There is appropriated for the above agency from the following special revenue fund or funds for the fiscal year or years specified all moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures other than refunds authorized by law shall not exceed the following: Credit union fee fund For the fiscal year ending June 30, 2012. . . . . . . . . . . . . . . $1,008,142 Provided, That expenditures from the credit union fee fund for the fiscal year ending June 30, 2012, for official hospitality shall not exceed $300. For the fiscal year ending June 30, 2013. . . . . . . . . . . . . . . $1,038,452 Provided, That expenditures from the credit union fee fund for the fiscal year ending June 30, 2013, for official hospitality shall not exceed $300. Sec. 66. KANSAS DENTAL BOARD (a) There is appropriated for the above agency from the following special revenue fund or funds for the fiscal year or years specified all moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures other than refunds authorized by law shall not exceed the following: Dental board fee fund For the fiscal year ending June 30, 2012. . . . . . . . . . . . . . . $372,181 Provided, That expenditures from the dental board fee fund for the fiscal year ending June 30, 2012, for official hospitality shall not exceed $500. For the fiscal year ending June 30, 2013. . . . . . . . . . . . . . . $374,145 Provided, That expenditures from the dental board fee fund for the fiscal year ending June 30, 2013, for official hospitality shall not exceed $500. Special litigation reserve fund For the fiscal year ending June 30, 2012. . . . . . . . . . . . . . . No limit Provided, That no expenditures shall be made from the special litigation reserve fund for the fiscal year ending June 30, 2012, except upon the approval of the director of the budget acting after ascertaining that: (1) Unforeseeable occurrence or unascertainable effects of a foreseeable occurrence characterize the need for the requested expenditure, and delay until the next legislative session on the requested action would be contrary to clause (3) of this proviso; (2) the requested expenditure is not one that was rejected in the next preceding session of the legislature and is not contrary to known legislative policy; and (3) the requested action will assist the above agency in attaining an objective or goal which bears a valid relationship to powers and functions of the above agency. For the fiscal year ending June 30, 2013. . . . . . . . . . . . . . . No limit Provided, That no expenditures shall be made from the special litigation reserve fund for the fiscal year ending June 30, 2013, except upon the approval of the director of the budget acting after ascertaining that: (1) Unforeseeable occurrence or unascertainable effects of a foreseeable occurrence characterize the need for the requested expenditure, and delay until the next legislative session on the requested action would be contrary to clause (3) of this proviso; (2) the requested expenditure is not one that was rejected in the next preceding session of the legislature and is not contrary to known legislative policy; and (3) the requested action will assist the above agency in attaining an objective or goal which bears a valid relationship to powers and functions of the above agency. (b) During the fiscal year ending June 30, 2012, the executive director of the Kansas dental board, with the approval of the director of the budget, may transfer moneys from the dental board fee fund to the
special litigation reserve fund of the Kansas dental board: Provided, That the aggregate of such transfers for the fiscal year ending June 30, 2012, shall not exceed $50,000: Provided further, That the executive director of the Kansas dental board shall certify each such transfer of moneys to the director of accounts and reports and shall transmit a copy of each such certification to the director of the budget and the director of legislative research. (c) During the fiscal year ending June 30, 2013, the executive director of the Kansas dental board, with the approval of the director of the budget, may transfer moneys from the dental board fee fund to the special litigation reserve fund of the Kansas dental board: Provided, That the aggregate of such transfers for the fiscal year ending June 30, 2013, shall not exceed $50,000: Provided further, That the executive director of the Kansas dental board shall certify each such transfer of moneys to the director of accounts and reports and shall transmit a copy of each such certification to the director of the budget and the director of legislative research. Sec. 67. STATE BOARD OF MORTUARY ARTS (a) There is appropriated for the above agency from the following special revenue fund or funds for the fiscal year or years specified all moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures other than refunds authorized by law shall not exceed the following: Mortuary arts fee fund For the fiscal year ending June 30, 2012. . . . . . . . . . . . . . . $273,993 For the fiscal year ending June 30, 2013. . . . . . . . . . . . . . . $282,648 Sec. 68. KANSAS BOARD OF EXAMINERS IN FITTING AND DISPENSING OF HEARING INSTRUMENTS (a) There is appropriated for the above agency from the following special revenue fund or funds for the fiscal year or years specified all moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures other than refunds authorized by law shall not exceed the following: Hearing instrument board fee fund For the fiscal year ending June 30, 2012. . . . . . . . . . . . . . . $29,636 For the fiscal year ending June 30, 2013. . . . . . . . . . . . . . . $29,181 Sec. 69. BOARD OF NURSING (a) There is appropriated for the above agency from the following special revenue fund or funds for the fiscal year or years specified all moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures other than refunds authorized by law shall not exceed the following: Board of nursing fee fund For the fiscal year ending June 30, 2012. . . . . . . . . . . . . . . $2,046,215 Provided, That expenditures from the board of nursing fee fund for the fiscal year ending June 30, 2012, for official hospitality shall not exceed $500. For the fiscal year ending June 30, 2013. . . . . . . . . . . . . . . $2,109,810 Provided, That expenditures from the board of nursing fee fund for the fiscal year ending June 30, 2013, for official hospitality shall not exceed $500. Gifts and grants fund For the fiscal year ending June 30, 2012. . . . . . . . . . . . . . . No limit For the fiscal year ending June 30, 2013. . . . . . . . . . . . . . . No limit Education conference fund For the fiscal year ending June 30, 2012. . . . . . . . . . . . . . . No limit For the fiscal year ending June 30, 2013. . . . . . . . . . . . . . . No limit Criminal background and fingerprinting fund For the fiscal year ending June 30, 2012. . . . . . . . . . . . . . . No limit For the fiscal year ending June 30, 2013. . . . . . . . . . . . . . . No limit Sec. 70. BOARD OF EXAMINERS IN OPTOMETRY (a) There is appropriated for the above agency from the following special revenue fund or funds for the fiscal year or years specified all moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures other than refunds authorized by law shall not exceed the following: Optometry fee fund For the fiscal year ending June 30, 2012. . . . . . . . . . . . . . . $121,252 Provided, That expenditures from the optometry fee fund for the fiscal year ending June 30, 2012, for official hospitality shall not exceed $300.
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For the fiscal year ending June 30, 2013. . . . . . . . . . . . . . . $111,631 Provided, That expenditures from the optometry fee fund for the fiscal year ending June 30, 2013, for official hospitality shall not exceed $300. Sec. 71. STATE BOARD OF PHARMACY (a) There is appropriated for the above agency from the following special revenue fund or funds for the fiscal year or years specified all moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures other than refunds authorized by law shall not exceed the following: State board of pharmacy fee fund For the fiscal year ending June 30, 2012. . . . . . . . . . . . . . . $792,007 Provided, That expenditures from the state board of pharmacy fee fund for the fiscal year ending June 30, 2012, for official hospitality shall not exceed $1,500. For the fiscal year ending June 30, 2013. . . . . . . . . . . . . . . $839,771 Provided, That expenditures from the state board of pharmacy fee fund for the fiscal year ending June 30, 2013, for official hospitality shall not exceed $1,500. State board of pharmacy litigation fund For the fiscal year ending June 30, 2012. . . . . . . . . . . . . . . No limit For the fiscal year ending June 30, 2013. . . . . . . . . . . . . . . No limit Harold Rogers prescription federal fund For the fiscal year ending June 30, 2012. . . . . . . . . . . . . . . No limit For the fiscal year ending June 30, 2013. . . . . . . . . . . . . . . No limit NASPER grant federal fund For the fiscal year ending June 30, 2012. . . . . . . . . . . . . . . No limit For the fiscal year ending June 30, 2013. . . . . . . . . . . . . . . No limit Non-federal gifts and grants fund For the fiscal year ending June 30, 2012. . . . . . . . . . . . . . . No limit Provided, That the state board of pharmacy is hereby authorized to apply for and to accept grants and may accept donations, bequests or gifts during fiscal year 2012: Provided, however, That the board shall remit all moneys received under this proviso to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto: Provided further, That, upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the non-federal gifts and grants fund: And provided further, That all expenditures from the non-federal gifts and grants fund for fiscal year 2012 shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the president of the state board of pharmacy or a person designated by the president. For the fiscal year ending June 30, 2013. . . . . . . . . . . . . . . No limit Provided, That the state board of pharmacy is hereby authorized to apply for and to accept grants and may accept donations, bequests or gifts during fiscal year 2013: Provided, however, That the board shall remit all moneys received under this proviso to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto: Provided further, That, upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the non-federal gifts and grants fund: And provided further, That all expenditures from the non-federal gifts and grants fund for fiscal year 2013 shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the president of the state board of pharmacy or a person designated by the president. Sec. 72. REAL ESTATE APPRAISAL BOARD (a) There is appropriated for the above agency from the following special revenue fund or funds for the fiscal year or years specified all moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures other than refunds authorized by law shall not exceed the following: Appraiser fee fund For the fiscal year ending June 30, 2012. . . . . . . . . . . . . . . $302,559 Provided, That expenditures from the appraiser fee fund for the fiscal year ending June 30, 2012, for official hospitality shall not exceed $500. For the fiscal year ending June 30, 2013. . . . . . . . . . . . . . . $314,607 Provided, That expenditures from the appraiser fee fund for the fiscal year ending June 30, 2013, for official hospitality shall not exceed $500. Federal registry clearing fund For the fiscal year ending June 30, 2012. . . . . . . . . . . . . . . No limit For the fiscal year ending June 30, 2013. . . . . . . . . . . . . . . No limit
KANSAS REAL ESTATE COMMISSION (a) There is appropriated for the above agency from the following special revenue fund or funds for the fiscal year or years specified all moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures other than refunds authorized by law shall not exceed the following: Real estate fee fund For the fiscal year ending June 30, 2012. . . . . . . . . . . . . . . $1,131,554 Provided, That expenditures from the real estate fee fund for the fiscal year ending June 30, 2012, for official hospitality shall not exceed $200. For the fiscal year ending June 30, 2013. . . . . . . . . . . . . . . $1,133,094 Provided, That expenditures from the real estate fee fund for the fiscal year ending June 30, 2013, for official hospitality shall not exceed $200. Real Estate recovery revolving fund For the fiscal year ending June 30, 2012. . . . . . . . . . . . . . . No limit For the fiscal year ending June 30, 2013. . . . . . . . . . . . . . . No limit Background investigation fee fund For the fiscal year ending June 30, 2012. . . . . . . . . . . . . . . No limit Provided, That notwithstanding the provisions of K.S.A. 58-3039, and amendments thereto, or any other statute, moneys collected for the purpose of reimbursing the Kansas real estate commission for the cost of fingerprinting and the criminal history record check shall be deposited in the state treasury and credited to the background investigation fee fund. For the fiscal year ending June 30, 2013. . . . . . . . . . . . . . . No limit Provided, That notwithstanding the provisions of K.S.A. 58-3039, and amendments thereto, or any other statute, moneys collected for the purpose of reimbursing the Kansas real estate commission for the cost of fingerprinting and the criminal history record check shall be deposited in the state treasury and credited to the background investigation fee fund. Sec. 74. OFFICE OF THE SECURITIES COMMISSIONER OF KANSAS (a) There is appropriated for the above agency from the following special revenue fund or funds for the fiscal year or years specified all moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures other than refunds authorized by law shall not exceed the following: Securities act fee fund For the fiscal year ending June 30, 2012. . . . . . . . . . . . . . . $2,875,392 Provided, That, in the discretion of the securities commissioner, one or more transfers of money may be made from the securities act fee fund for the fiscal year ending June 30, 2012, to the appropriate account of the restricted fees fund of Wichita state university for the Kansas council on economic education to conduct an investor education program: Provided further, That the total amount of such transfers for the fiscal year ending June 30, 2012, shall not exceed $20,000: And provided further, That expenditures from the securities act fee fund for the fiscal year ending June 30, 2012, for official hospitality shall not exceed $2,000. For the fiscal year ending June 30, 2013. . . . . . . . . . . . . . . $2,923,867 Provided, That, in the discretion of the securities commissioner, one or more transfers of money may be made from the securities act fee fund for the fiscal year ending June 30, 2013, to the appropriate account of the restricted fees fund of Wichita state university for the Kansas council on economic education to conduct an investor education program: Provided further, That the total amount of such transfers for the fiscal year ending June 30, 2013, shall not exceed $20,000: And provided further, That expenditures from the securities act fee fund for the fiscal year ending June 30, 2013, for official hospitality shall not exceed $2,000. Investor education fund For the fiscal year ending June 30, 2012. . . . . . . . . . . . . . . No limit Provided, That expenditures from the investor education fund for the fiscal year ending June 30, 2012, for official hospitality shall not exceed $5,000. For the fiscal year ending June 30, 2013. . . . . . . . . . . . . . . No limit Provided, That expenditures from the investor education fund for the fiscal year ending June 30, 2013, for official hospitality shall not exceed $5,000. Sec. 75. STATE BOARD OF TECHNICAL PROFESSIONS (a) There is appropriated for the above agency from the following special revenue fund or funds for the fiscal year or years specified all (continued)
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moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures other than refunds authorized by law shall not exceed the following: Technical professions fee fund For the fiscal year ending June 30, 2012. . . . . . . . . . . . . . . $605,232 Provided, That expenditures from the technical professions fee fund for the fiscal year ending June 30, 2012, for official hospitality shall not exceed $1,000. For the fiscal year ending June 30, 2013. . . . . . . . . . . . . . . $589,122 Provided, That expenditures from the technical professions fee fund for the fiscal year ending June 30, 2013, for official hospitality shall not exceed $1,000. Special litigation reserve fund For the fiscal year ending June 30, 2012. . . . . . . . . . . . . . . No limit Provided, That no expenditures shall be made from the special litigation reserve fund for the fiscal year ending June 30, 2012, except upon the approval of the director of the budget acting after ascertaining that: (1) Unforeseeable occurrence or unascertainable effects of a foreseeable occurrence characterize the need for the requested expenditure, and delay until the next legislative session on the requested action would be contrary to clause (3) of this proviso; (2) the requested expenditure is not one that was rejected in the next preceding session of the legislature and is not contrary to known legislative policy; and (3) the requested action will assist the above agency in attaining an objective or goal which bears a valid relationship to powers and functions of the above agency. For the fiscal year ending June 30, 2013. . . . . . . . . . . . . . . No limit Provided, That no expenditures shall be made from the special litigation reserve fund for the fiscal year ending June 30, 2013, except upon the approval of the director of the budget acting after ascertaining that: (1) Unforeseeable occurrence or unascertainable effects of a foreseeable occurrence characterize the need for the requested expenditure, and delay until the next legislative session on the requested action would be contrary to clause (3) of this proviso; (2) the requested expenditure is not one that was rejected in the next preceding session of the legislature and is not contrary to known legislative policy; and (3) the requested action will assist the above agency in attaining an objective or goal which bears a valid relationship to powers and functions of the above agency. Sec. 76. STATE BOARD OF VETERINARY EXAMINERS (a) There is appropriated for the above agency from the following special revenue fund or funds for the fiscal year or years specified all moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures other than refunds authorized by law shall not exceed the following: Veterinary examiners fee fund For the fiscal year ending June 30, 2012. . . . . . . . . . . . . . . $266,942 For the fiscal year ending June 30, 2013. . . . . . . . . . . . . . . $268,132 Sec. 77. GOVERNMENTAL ETHICS COMMISSION (a) There is appropriated for the above agency from the state general fund for the fiscal year or years specified, the following: Operating expenditures For the fiscal year ending June 30, 2012. . . . . . . . . . . . . . . $407,276 Provided, That any unencumbered balance in the operating expenditures account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012: Provided further, That, if 2011 Senate Substitute for House Bill No. 2080 or any other legislation which provides for an increase in filing fees in an amount not less than the amount specified in 2011 Senate Substitute for House Bill No. 2080 is not passed by the legislature during the 2011 regular session and enacted into law, then on July 1, 2011, of the $407,276 appropriated for the above agency for the fiscal year ending June 30, 2012, by this section from the state general fund in the office of the operating expenditures account, the sum of $230,000 is hereby lapsed. For the fiscal year ending June 30, 2013. . . . . . . . . . . . . . . $421,567 Provided, That any unencumbered balance in the operating expenditures account in excess of $100 as of June 30, 2012, is hereby reappropriated for fiscal year 2013: Provided further, That, if 2011 Senate Substitute for House Bill No. 2080 or any other legislation which provides for an increase in filing fees in an amount not less than the amount specified in 2011 Senate Substitute for House Bill No. 2080 is not passed by the legislature during the 2011 regular session and enacted into law, then on July 1, 2012, of the $421,567 appropriated for the above agency for the fiscal year ending June 30, 2013, by this section from the state general
fund in the office of the operating expenditures account, the sum of $220,000 is hereby lapsed. (b) There is appropriated for the above agency from the following special revenue fund or funds for the fiscal year or years specified, all moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures other than refunds authorized by law shall not exceed the following: Governmental ethics commission fee fund For the fiscal year ending June 30, 2012. . . . . . . . . . . . . . . $486,532 For the fiscal year ending June 30, 2013. . . . . . . . . . . . . . . $489,566 (c) On July 1, 2011, the expenditure limitation established for the fiscal year ending June 30, 2012, by subsection (b) on the governmental ethics commission fee fund of the above agency is hereby decreased from $486,532 to $256,532: Provided, That, if 2011 Senate Substitute for House Bill No. 2080 or any other legislation which provides for an increase in filing fees in an amount not less than the amount specified in 2011 Senate Substitute for House Bill No. 2080 is not passed by the legislature during the 2011 regular session and enacted into law, then, (1) the expenditure limitation on the governmental ethics commission fee fund shall not be decreased pursuant to this subsection, and (2) on July 1, 2011, the provisions of this subsection are hereby declared to be null and void and shall have no force and effect. (d) On July 1, 2012, the expenditure limitation established for the fiscal year ending June 30, 2013, by subsection (b) on the governmental ethics commission fee fund of the above agency is hereby decreased from $489,566 to $269,566: Provided, That, if 2011 Senate Substitute for House Bill No. 2080 or any other legislation which provides for an increase in filing fees in an amount not less than the amount specified in 2011 Senate Substitute for House Bill No. 2080 is not passed by the legislature during the 2011 regular session and enacted into law, then, (1) the expenditure limitation on the governmental ethics commission fee fund shall not be decreased pursuant to this subsection, and (2) on July 1, 2012, the provisions of this subsection are hereby declared to be null and void and shall have no force and effect. Sec. 78. KANSAS HOME INSPECTORS REGISTRATION BOARD (a) There is appropriated for the above agency from the following special revenue fund or funds for the fiscal year or years specified, all moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures other than refunds authorized by law shall not exceed the following: Home inspectors registration fee fund For the fiscal year ending June 30, 2012. . . . . . . . . . . . . . . $16,740 For the fiscal year ending June 30, 2013. . . . . . . . . . . . . . . $16,800 Sec. 79. Position limitations. The number of full-time and regular part-time positions equated to full-time, excluding seasonal and temporary positions, paid from appropriations for the fiscal years specified made in this or other appropriation act of the 2011 or 2012 regular session of the legislature for the following agencies shall not exceed the following, except upon approval of the state finance council: Abstracters Board of Examiners For the fiscal year ending June 30, 2012. . . . . . . . . . . . . . . 0.00 For the fiscal year ending June 30, 2013. . . . . . . . . . . . . . . 0.00 Board of Accountancy For the fiscal year ending June 30, 2012. . . . . . . . . . . . . . . 3.00 For the fiscal year ending June 30, 2013. . . . . . . . . . . . . . . 3.00 State Bank Commissioner For the fiscal year ending June 30, 2012. . . . . . . . . . . . . . . 99.00 For the fiscal year ending June 30, 2013. . . . . . . . . . . . . . . 99.00 Kansas Board of Barbering For the fiscal year ending June 30, 2012. . . . . . . . . . . . . . . 1.50 For the fiscal year ending June 30, 2013. . . . . . . . . . . . . . . 1.50 Behavioral Sciences Regulatory Board For the fiscal year ending June 30, 2012. . . . . . . . . . . . . . . 8.00 For the fiscal year ending June 30, 2013. . . . . . . . . . . . . . . 8.00 State Board of Healing Arts For the fiscal year ending June 30, 2012. . . . . . . . . . . . . . . 45.00 For the fiscal year ending June 30, 2013. . . . . . . . . . . . . . . 45.00 Kansas State Board of Cosmetology For the fiscal year ending June 30, 2012. . . . . . . . . . . . . . . 11.00 For the fiscal year ending June 30, 2013. . . . . . . . . . . . . . . 11.00 State Department of Credit Unions For the fiscal year ending June 30, 2012. . . . . . . . . . . . . . . 12.00 For the fiscal year ending June 30, 2013. . . . . . . . . . . . . . . 12.00 Kansas Dental Board
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For the fiscal year ending June 30, 2012. . . . . . . . . . . . . . . 3.00 For the fiscal year ending June 30, 2013. . . . . . . . . . . . . . . 3.00 State Board of Mortuary Arts For the fiscal year ending June 30, 2012. . . . . . . . . . . . . . . 3.00 For the fiscal year ending June 30, 2013. . . . . . . . . . . . . . . 3.00 Board of Nursing For the fiscal year ending June 30, 2012. . . . . . . . . . . . . . . 24.00 For the fiscal year ending June 30, 2013. . . . . . . . . . . . . . . 24.00 Board of Examiners in Optometry For the fiscal year ending June 30, 2012. . . . . . . . . . . . . . . 0.80 For the fiscal year ending June 30, 2013. . . . . . . . . . . . . . . 0.80 State Board of Pharmacy For the fiscal year ending June 30, 2012. . . . . . . . . . . . . . . 8.00 For the fiscal year ending June 30, 2013. . . . . . . . . . . . . . . 8.00 Real Estate Appraisal Board For the fiscal year ending June 30, 2012. . . . . . . . . . . . . . . 2.00 For the fiscal year ending June 30, 2013. . . . . . . . . . . . . . . 2.00 Kansas Real Estate Commission For the fiscal year ending June 30, 2012. . . . . . . . . . . . . . . 13.00 For the fiscal year ending June 30, 2013. . . . . . . . . . . . . . . 13.00 Office of the Securities Commissioner of Kansas For the fiscal year ending June 30, 2012. . . . . . . . . . . . . . . 32.13 For the fiscal year ending June 30, 2013. . . . . . . . . . . . . . . 32.13 State Board of Technical Professions For the fiscal year ending June 30, 2012. . . . . . . . . . . . . . . 5.00 For the fiscal year ending June 30, 2013. . . . . . . . . . . . . . . 5.00 State Board of Veterinary Examiners For the fiscal year ending June 30, 2012. . . . . . . . . . . . . . . 3.00 For the fiscal year ending June 30, 2013. . . . . . . . . . . . . . . 3.00 Governmental Ethics Commission For the fiscal year ending June 30, 2012. . . . . . . . . . . . . . . 9.00 For the fiscal year ending June 30, 2013. . . . . . . . . . . . . . . 9.00 Kansas Home Inspectors Registration Board For the fiscal year ending June 30, 2012. . . . . . . . . . . . . . . 0.00 For the fiscal year ending June 30, 2013. . . . . . . . . . . . . . . 0.00 Sec. 80. LEGISLATIVE COORDINATING COUNCIL (a) There is appropriated for the above agency from the state general fund for the fiscal year ending June 30, 2012, the following: Legislative coordinating counciloperations . . . . . . . . . . . $749,822 Provided, That any unencumbered balance in the legislative coordinating counciloperations account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012. Legislative research departmentoperations . . . . . . . . . . . $3,549,398 Provided, That any unencumbered balance in the legislative research departmentoperations account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012. Office of revisor of statutesoperations. . . . . . . . . . . . . . . . . $3,049,313 Provided, That any unencumbered balance in the office of revisor of statutesoperations account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012. (b) There is appropriated for the above agency from the following special revenue fund or funds for the fiscal year ending June 30, 2012, all moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures other than refunds authorized by law shall not exceed the following: Legislative research department special revenue fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Sec. 81. LEGISLATURE (a) There is appropriated for the above agency from the state general fund for the fiscal year ending June 30, 2012, the following: Operations (including official hospitality). . . . . . . . . . . . . . . $14,768,065 Provided, That any unencumbered balance in the operations (including official hospitality) account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012: Provided further, That expenditures may be made from this account, pursuant to vouchers approved by the chairperson or vice-chairperson of the legislative coordinating council, to pay compensation and travel expenses and subsistence expenses or allowances as authorized by K.S.A. 75-3212, and amendments thereto, for members and associate members of the advisory committee to the Kansas commission on interstate cooperation established under K.S.A. 46-407a, and amendments thereto, for attend-
ance at meetings of the advisory committee which are authorized by the legislative coordinating council, except that (1) the legislative coordinating council may establish restrictions or limitations, or both, on travel expenses, subsistence expenses or allowances, or any combination thereof, paid to members and associate members of such advisory committee, and (2) any person who is an associate member of such advisory committee, by reason of such person having been accredited by the national conference of commissioners on uniform state laws as a life member of that organization, shall receive the same travel expenses and subsistence expenses for attendance at meetings of the advisory committee as a regular member, but shall receive no per diem compensation: And provided further, That expenditures may be made from this account for services, facilities and supplies provided for legislators in addition to those provided under the approved budget and for related copying, facsimile transmission and other services provided to persons other than legislators, in accordance with policies and any restrictions or limitations prescribed by the legislative coordinating council: And provided further, That no expenditures shall be made from this account for any meeting of any joint committee, or of any subcommittee of any joint committee, chargeable to fiscal year 2012 unless such meeting is approved by the legislative coordinating council: And provided further, That, notwithstanding the provisions of K.S.A. 45-116, and amendments thereto, or any other statute, no expenditures shall be made from this account for the printing and distribution of copies of the permanent journals of the senate or house of representatives to each member of the legislature during fiscal year 2012: And provided further, That, notwithstanding the provisions of K.S.A. 77-138, and amendments thereto, or any other statute, no expenditures shall be made from this account for the printing and distribution of complete sets of the Kansas Statutes Annotated to each member of the legislature in excess of one complete set of the Kansas Statutes Annotated to each member at the commencement of the members first term as legislator during fiscal year 2012: And provided further, That, notwithstanding the provisions of K.S.A. 77138, and amendments thereto, or any other statute, no expenditures shall be made from this account for the legislators name to be printed on one complete set of the Kansas Statutes Annotated during fiscal year 2012: And provided further, That, notwithstanding the provisions of K.S.A. 77-165, and amendments thereto, or any other statute, no expenditures shall be made from this account for the printing and delivering of a set of the cumulative supplements of the Kansas Statutes Annotated to each member of the legislature in excess of one cumulative supplement set of the Kansas Statutes Annotated to each member of the legislature during fiscal year 2012: And provided further, That in addition to the other purposes for which expenditures may be made from moneys appropriated from the operations (including official hospitality) account for fiscal year 2012 for the legislature as authorized by this or other appropriation act of the 2011 regular session of the legislature, expenditures shall be made by the legislature from the operations (including official hospitality) account for fiscal year 2012 for the expenses of the state employee pay plan oversight committee to, in addition to the committees other duties pursuant to K.S.A. 46-3601, and amendments thereto, study the effects of the classified salary market adjustments (including fringe benefits) for fiscal years 2010, and 2011: And provided further, That, such study shall be designed to: (1) review the classified salary market adjustments (including fringe benefits) for fiscal years 2010 and 2011; and (2) evaluate whether such adjustments accomplished the goal of having classified state employees paid comparable salaries and fringe benefits when compared to the private sector employees: And provided further, That, the study shall be completed no later than December 31, 2011, and the findings and recommendations shall be made available to the house of representatives committee on appropriations and the senate committee on ways and means no later than the first day of the 2012 regular legislative session. Legislative redistricting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $8,667 Provided, That any unencumbered balance in the legislative redistricting account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012. Legislative information system . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,347,498 (b) There is appropriated for the above agency from the following special revenue fund or funds for the fiscal year ending June 30, 2012, all moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures other than refunds authorized by law shall not exceed the following: Legislative special revenue fund . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That expenditures may be made from the legislative special revenue fund, pursuant to vouchers approved by the chairperson or the (continued)
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vice-chairperson of the legislative coordinating council, to pay compensation and travel expenses and subsistence expenses or allowances as authorized by K.S.A. 75-3212, and amendments thereto, for members and associate members of the advisory committee to the Kansas commission on interstate cooperation established under K.S.A. 46-407a, and amendments thereto, for attendance at meetings of the advisory committee which are authorized by the legislative coordinating council, except that (1) the legislative coordinating council may establish restrictions or limitations, or both, on travel expenses, subsistence expenses or allowances, or any combination thereof, paid to members and associate members of such advisory committee, and (2) any person who is an associate member of such advisory committee, by reason of such person having been accredited by the national conference of commissioners on uniform state laws as a life member of that organization, shall receive the same travel expenses and subsistence expenses for attendance at meetings of the advisory committee as a regular member, but shall receive no per diem compensation: Provided further, That expenditures may be made from this fund for services, facilities and supplies provided for legislators in addition to those provided under the approved budget and for related copying, facsimile transmission and other services provided to persons other than legislators, in accordance with policies and any restrictions or limitations prescribed by the legislative coordinating council: And provided further, That amounts are hereby authorized to be collected for such services, facilities and supplies in accordance with policies of the council: And provided further, That such amounts shall be fixed in order to recover all or part of the expenses incurred for providing such services, facilities and supplies and shall be consistent with policies and fees established in accordance with K.S.A. 46-1207a, and amendments thereto: And provided further, That all such amounts received shall be deposited in the state treasury in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, and shall be credited to the legislative special revenue fund: And provided further, That all donations, gifts or bequests of money for the legislative branch of government which are received and accepted by the legislative coordinating council shall be deposited in the state treasury and credited to an account of the legislative special revenue fund: And provided further, That no expenditures shall be made from this fund for any meeting of any joint committee, or of any subcommittee of any joint committee, during fiscal year 2012 unless such meeting is approved by the legislative coordinating council: And provided further, That, notwithstanding the provisions of K.S.A. 45-116, and amendments thereto, or any other statute, no expenditures shall be made from this fund for the printing and distribution of copies of the permanent journals of the senate or house of representatives to each member of the legislature during fiscal year 2012: And provided further, That, notwithstanding the provisions of K.S.A. 77-138, and amendments thereto, or any other statute, no expenditures shall be made from this fund for the printing and distribution of complete sets of the Kansas Statutes Annotated to each member of the legislature in excess of one complete set of the Kansas Statutes Annotated to each member at the commencement of the members first term as legislator during fiscal year 2012: And provided further, That, notwithstanding the provisions of K.S.A. 77-138, and amendments thereto, or any other statute, no expenditures shall be made from this fund for the legislators name to be printed on one complete set of the Kansas Statutes Annotated during fiscal year 2012: And provided further, That, notwithstanding the provisions of K.S.A. 77-165, and amendments thereto, or any other statute, no expenditures shall be made from this fund for the printing and delivering of a set of the cumulative supplements of the Kansas Statutes Annotated to each member of the legislature in excess of one cumulative supplement set of the Kansas Statutes Annotated to each member of the legislature during fiscal year 2012. Capitol restorationgifts and donations fund. . . . . . . . . . No limit (c) As used in this section, joint committee includes the joint committee on rules and regulations, health care stabilization fund oversight committee, joint committee on special claims against the state, legislative budget committee, legislative educational planning committee, joint committee on economic development, joint committee on state building construction, joint committee on the arts and cultural resources, joint committee on information technology, joint committee on pensions, investments and benefits, joint committee on state-tribal relations, workers compensation fund oversight committee, confirmation oversight committee, joint committee on corrections and juvenile justice oversight, joint committee on childrens issues, compensation commission, joint committee on Kansas security, joint committee on health policy oversight, state employee pay plan oversight committee, joint committee on energy and environmental policy, joint committee on home and community based services oversight, capitol restoration commission, Kansas criminal code recodification commission, Kansas DUI commission, re-
districting advisory group, capitol preservation committee and any other committee, commission or other body for which expenditures are to be paid from moneys appropriated for the legislature for the expenses of any meeting of any such body or for the expenses of any member thereof. Sec. 82. DIVISION OF POST AUDIT (a) There is appropriated for the above agency from the state general fund for the fiscal year ending June 30, 2012, the following: Operations (including legislative post audit committee). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,020,838 Provided, That any unencumbered balance in the operations (including legislative post audit committee) account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012: Provided further, That the division of post audit shall conduct a performance audit, on approval of the legislative post audit committee, on the KAN-ED program, pursuant to K.S.A. 2010 Supp. 75-7221 through 75-7228, and amendments thereto. (b) There is appropriated for the above agency from the following special revenue fund or funds for the fiscal year ending June 30, 2012, all moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures shall not exceed the following: Audit services fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That the division of post audit is hereby authorized to fix, charge and collect fees for copies of public records of the division, including distribution of such copies: Provided further, That such fees shall be fixed to recover all or part of the expenses incurred for reproducing and distributing such copies and shall be consistent with policies and fees established in accordance with K.S.A. 46-1207a, and amendments thereto: And provided further, That all moneys received for such fees shall be deposited in the state treasury in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, and shall be credited to the audit services fund. Conversion of materials and equipment fund . . . . . . . . . . No limit State agency audits fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Sec. 83. GOVERNORS DEPARTMENT (a) There is appropriated for the above agency from the state general fund for the fiscal year ending June 30, 2012, the following: Governors department . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,283,429 Provided, That any unencumbered balance in the governors department account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012: Provided further, That expenditures may be made from this account for official hospitality and contingencies without limitation at the discretion of the governor. Domestic violence prevention grants . . . . . . . . . . . . . . . . . . . . $3,560,350 Provided, That any unencumbered balance in the domestic violence prevention grants account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012: Provided further, That expenditures may be made from the domestic violence prevention grants account for official hospitality and contingencies without limitation at the discretion of the governor. Child advocacy centers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $833,549 Provided, That any unencumbered balance in the child advocacy centers account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012: Provided further, That expenditures may be made from the child advocacy centers account for official hospitality and contingencies without limitation at the discretion of the governor. (b) Expenditures may be made by the above agency for travel expenses of the governors spouse when accompanying the governor or when representing the governor on official state business, for travel and subsistence expenditures for security personnel when traveling with the governor and for entertainment of officials and other persons as guests from the amount appropriated for the fiscal year ending June 30, 2012, by subsection (a) from the state general fund in the governors department account. (c) There is appropriated for the above agency from the following special revenue fund or funds for the fiscal year ending June 30, 2012, all moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures shall not exceed the following: Special programs fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That expenditures may be made from the special programs fund for operating expenditures for the governors department, including conferences and official hospitality: Provided further, That the governor is hereby authorized to fix, charge and collect fees for such con-
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ferences: And provided further, That fees for such conferences shall be fixed in order to recover all or part of the operating expenses incurred for such conferences, including official hospitality: And provided further, That all fees received for such conferences shall be deposited in the state treasury in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, and shall be credited to the special programs fund. Hispanic and Latino American affairs fee fund . . . . . . . . No limit Miscellaneous projects fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That expenditures may be made from the miscellaneous projects fund for operating expenditures for the governors department, including conferences and official hospitality: Provided further, That the governor is hereby authorized to fix, charge and collect fees for such conferences: And provided further, That fees for such conferences shall be fixed in order to recover all or part of the operating expenses incurred for such conferences, including official hospitality: And provided further, That all fees received for such conferences and all fees received by the governors department under the open records act for providing access to or furnishing copies of public records, shall be deposited in the state treasury in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, and shall be credited to the miscellaneous projects fund. Intragovernmental service fund . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That expenditures may be made from the intragovernmental service fund for operating expenditures for the governors department, including conferences and official hospitality: Provided further, That the governor is hereby authorized to fix, charge and collect fees for such conferences: And provided further, That fees for such conferences shall be fixed in order to recover all or part of the operating expenses incurred for such conferences, including official hospitality: And provided further, That all fees received for such conferences shall be deposited in the state treasury in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, and shall be credited to the intragovernmental service fund. Conversion of materials and equipment fund . . . . . . . . . . No limit Federal grants fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Justice assistance grantfederal fund . . . . . . . . . . . . . . . . . . . No limit Hispanic and Latino American affairs commission donations fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Advisory commission on African-American affairs donations fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Kansas commission on disability concerns fee fund . . . No limit Kansas commission on disability concernsgifts, grants and donations fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Sec. 84. LIEUTENANT GOVERNOR (a) There is appropriated for the above agency from the state general fund for the fiscal year ending June 30, 2012, the following: Operations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $181,866 Provided, That any unencumbered balance in the operations account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012. (b) There is appropriated for the above agency from the following special revenue fund or funds for the fiscal year ending June 30, 2012, all moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures other than refunds authorized by law shall not exceed the following: Special programs fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That expenditures may be made from the special programs fund for operating expenditures for the lieutenant governor, including conferences and official hospitality: Provided further, That the lieutenant governor is hereby authorized to fix, charge and collect fees for such conferences: And provided further, That fees for such conferences shall be fixed in order to recover all or part of the operating expenses incurred for such conferences, including official hospitality: And provided further, That all fees received for such conferences and all fees received by the lieutenant governor under the open records act for providing access to or furnishing copies of public records, shall be deposited in the state treasury in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, and shall be credited to the special programs fund. (c) Expenditures may be made by the above agency for travel expenses of the lieutenant governors spouse when accompanying the lieutenant governor on official state business and for travel and subsistence expenditures for security personnel when traveling with the lieutenant governor on official state business from the amount appropriated by subsection (a) from the state general fund for the fiscal year ending June 30, 2012, in the operations account.
(d) Expenditures may be made by the above agency for official hospitality and contingencies from the amount appropriated by subsection (a) from the state general fund for the fiscal year ending June 30, 2012, in the operations account without limit at the discretion of the lieutenant governor. Sec. 85. ATTORNEY GENERAL (a) There is appropriated for the above agency from the state general fund for the fiscal year ending June 30, 2012, the following: Operating expenditures. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $904,066 Provided, That any unencumbered balance in the operating expenditures account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012: Provided, however, That expenditures from this account for official hospitality shall not exceed $2,000. Litigation costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $78,484 Provided, That any unencumbered balance in the litigation costs account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012. Internet training education for Kansas kids . . . . . . . . . . . . . $288,507 Provided, That any unencumbered balance in excess of $100 as of June 30, 2011, in the internet training education for Kansas kids account is hereby reappropriated for fiscal year 2012. Abuse, neglect and exploitation unit. . . . . . . . . . . . . . . . . . . . . $107,870 Provided, That any unencumbered balance in excess of $100 as of June 30, 2011, in the abuse, neglect and exploitation unit account is hereby reappropriated for fiscal year 2012: Provided further, That expenditures may be made by the attorney general from the abuse, neglect and exploitation unit account pursuant to contracts with other agencies or organizations to provide services related to the investigation or litigation of findings related to abuse, neglect or exploitation. Domestic violence prevention grants . . . . . . . . . . . . . . . . . . . . $200,000 (b) There is appropriated for the above agency from the following special revenue fund or funds for the fiscal year ending June 30, 2012, all moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures other than refunds authorized by law shall not exceed the following: Court cost fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Bond transcript review fee fund . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Conversion of materials and equipment fund . . . . . . . . . . No limit Attorney generals antitrust special revenue fund. . . . . . No limit Private gifts fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Medicaid fraud reimbursement fund . . . . . . . . . . . . . . . . . . . . No limit Attorney generals antitrust suspense fund . . . . . . . . . . . . . No limit Attorney generals consumer protection clearing fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Attorney generals committee on crime prevention fee fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That expenditures may be made from the attorney generals committee on crime prevention fee fund for operating expenditures directly or indirectly related to conducting training seminars organized by the attorney generals committee on crime prevention, including official hospitality: Provided further, That the attorney general is hereby authorized to fix, charge and collect fees for conducting training seminars organized by the attorney generals committee on crime prevention: And provided further, That such fees shall be fixed in order to recover all or part of the direct and indirect operating expenses incurred for conducting such seminars, including official hospitality: And provided further, That all fees received for conducting such seminars shall be deposited in the state treasury in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, and shall be credited to the attorney generals committee on crime prevention fee fund. Tort claims fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Crime victims compensation fund . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That expenditures from the crime victims compensation fund for state operations shall not exceed $454,058: Provided further, That any expenditures for payment of compensation to crime victims are authorized to be made from this fund regardless of when the claim was awarded. Crime victims assistance fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Protection from abuse fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Crime victims grants and gifts fund . . . . . . . . . . . . . . . . . . . . . No limit Provided, That all private grants and gifts received by the crime victims compensation board shall be deposited to the credit of the crime victims grants and gifts fund. (continued)
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Debt collection administration cost recovery fund . . . . . No limit Provided, That the attorney general shall deposit in the state treasury to the credit of the debt collection administration cost recovery fund all moneys remitted to the attorney general as administrative costs under contracts entered into pursuant to K.S.A. 75-719, and amendments thereto. Medicaid fraud prosecution revolving fund . . . . . . . . . . . . No limit Provided, That all moneys recovered by the medicaid fraud and abuse division of the attorney generals office in the enforcement of state and federal law which are in excess of any restitution for overcharges and interest, including all moneys recovered as recoupment of expenses of investigation and prosecution, shall be deposited in the state treasury to the credit of the medicaid fraud prosecution revolving fund: Provided further, That, notwithstanding the provisions of K.S.A. 21-3851, and amendments thereto, or any other statute, expenditures may be made from the medicaid fraud prosecution revolving fund for other operating expenditures of the attorney generals office other than for medicaid fraud prosecution costs. Interstate water litigation fund . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That, in addition to the other purposes authorized by K.S.A. 82a-1802, and amendments thereto, expenditures may be made from the interstate water litigation fund for: (1) Litigation costs for the case of Kansas v. Colorado No. 105, Original in the Supreme Court of the United States, including repayment of past contributions; (2) expenses related to the appointment of a river master or such other official as may be appointed by the Supreme Court to administer, implement or enforce its decree or other orders of the Supreme Court related to this case; and (3) expenses incurred by agencies of the state of Kansas to monitor actions of the state of Colorado and its water users and to enforce any settlement, decree or order of the Supreme Court related to this case. Suspense fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Childrens advocacy center fund . . . . . . . . . . . . . . . . . . . . . . . . . No limit Abuse, neglect and exploitation of people with disabilities unit grant acceptance fund . . . . . . . . . . . . . . . . . . . No limit Concealed weapon licensure fund . . . . . . . . . . . . . . . . . . . . . . . No limit Tobacco master settlement agreement compliance fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Sexually violent predator expense fund . . . . . . . . . . . . . . . . . No limit County law enforcement equipment fund . . . . . . . . . . . . . . No limit Child exchange and visiting centers fund . . . . . . . . . . . . . . . No limit State medicaid fraud control unitfederal fund . . . . . . . No limit Com def solviolence against women federal fund. . . No limit Crime victims compensation federal fund . . . . . . . . . . . . . . No limit Ed Byrne state/local law enforcement federal fund . . . . No limit Violence against womenARRA federal fund . . . . . . . . . No limit Comm prsct/project safe neighborhood federal fund . . No limit Public safety prtnt/comm pol fund. . . . . . . . . . . . . . . . . . . . . . . No limit Anti-gang initiative federal fund . . . . . . . . . . . . . . . . . . . . . . . . . No limit Alcohol impaired driving cntrmsr federal fund . . . . . . . . No limit Childrens justice grant federal fund . . . . . . . . . . . . . . . . . . . . . No limit Corr research/evaluation/policy firearms federal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Ed Byrne memorial JAGARRA federal fund . . . . . . . . . No limit State victims compensation formula grant federal funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Medicaid indirect cost federal fund . . . . . . . . . . . . . . . . . . . . . . No limit Federal forfeiture fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit False claims litigation revolving fund. . . . . . . . . . . . . . . . . . . . No limit Provided, That expenditures may be made from the false claims litigation revolving fund for costs associated with litigation under the Kansas false claims act, K.S.A. 2010 Supp. 75-7501 et seq., and amendments thereto. GTEAP federal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Ed Byrne memorial justice assistance grant federal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit 911 state maintenance fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit 911 federal grant fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit (c) During the fiscal year ending June 30, 2012, grants made pursuant to K.S.A. 74-7325, and amendments thereto, from the protection from abuse fund and grants made pursuant to K.S.A. 74-7334, and amendments thereto, from the crime victims assistance fund shall be made after consideration of the recommendation of an entity that has been designated by the United States department of health and human services and by the centers for disease control as the official domestic violence or sexual assault coalition. (d) On July 1, 2011, or as soon thereafter as moneys are available, the director of accounts and reports shall transfer $485,593 from the
Kansas endowment for youth fund to the tobacco master settlement agreement compliance fund of the attorney general. (e) During the fiscal year ending June 30, 2012, the attorney general, with the approval of the director of the budget, may transfer any part of any item of appropriation for fiscal year 2012 from the state general fund for the attorney general to another item of appropriation for fiscal year 2012 from the state general fund for the attorney general. The attorney general shall certify each such transfer to the director of accounts and reports and shall transmit a copy of each such certification to the director of legislative research. (f) On July 1, 2011, or as soon thereafter as moneys are available, the director of accounts and reports shall transfer $125,000 from the court cost fund of the attorney general to the state general fund. (g) On July 1, 2011, or as soon thereafter as moneys are available, the director of accounts and reports shall transfer $450,000 from the medicaid fraud prosecution revolving fund of the attorney general to the state general fund. (h) During the fiscal year ending June 30, 2012, in addition to the other purposes for which expenditures may be made by the above agency from moneys appropriated from the state general fund or from any special revenue fund or funds for fiscal year 2012 by the above agency by this or other appropriation act of the 2011 regular session of the legislature, expenditures shall be made by the above agency from moneys appropriated by this or other appropriation act of the 2011 regular session of the legislature from the state general fund or from any such special revenue fund or funds to provide funding to carry out and administer the provisions of 2011 House Bill No. 2035: Provided, That the aggregate amount of expenditures during fiscal year 2012 by the above agency of moneys appropriated by this or other appropriation act of the 2011 regular session of the legislature from the state general fund or from any special revenue fund or funds to carry out and administer the provisions of 2011 House Bill No. 2035 shall not exceed $220,000. (i) During the fiscal year ending June 30, 2012, in addition to the other purposes for which expenditures may be made by the above agency from moneys appropriated from the state general fund or from any special revenue fund or funds for fiscal year 2012 by the above agency by this or other appropriation act of the 2011 regular session of the legislature, expenditures shall be made by the above agency from moneys appropriated by this or other appropriation act of the 2011 regular session of the legislature from the state general fund or from any such special revenue fund or funds to provide funding to carry out and administer the provisions of 2011 Senate Bill No. 93: Provided, That the aggregate amount of expenditures during fiscal year 2012 by the above agency of moneys appropriated by this or other appropriation act of the 2011 regular session of the legislature from the state general fund or from any special revenue fund or funds to carry out and administer the provisions of 2011 Senate Bill No. 93 shall not exceed $82,000: Provided further, That, if 2011 House Substitute for Senate Bill No. 93 is not passed by the legislature during the 2011 regular session and enacted into law, then no expenditures shall be made by the above agency from moneys appropriated by this or other appropriation act of the 2011 regular session of the legislature from the state general fund or from any such special revenue fund or funds to carry out and administer the provisions of 2011 Senate Bill No. 93. Sec. 86. SECRETARY OF STATE (a) There is appropriated for the above agency from the following special revenue fund or funds for the fiscal year ending June 30, 2012, all moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures shall not exceed the following: Cemetery and funeral audit fee fund . . . . . . . . . . . . . . . . . . . . No limit HAVA ELVIS fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Conversion of materials and equipment fund . . . . . . . . . . No limit Information and services fee fund. . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That expenditures from the information and services fee fund for official hospitality shall not exceed $2,500. State register fee fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Uniform commercial code fee fund . . . . . . . . . . . . . . . . . . . . . . No limit State flag and banner fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Secretary of state fee refund fund . . . . . . . . . . . . . . . . . . . . . . . . No limit Electronic voting machine examination fund . . . . . . . . . . . No limit Credit card clearing fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Suspense fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Prepaid services fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Athlete agent registration fee fund . . . . . . . . . . . . . . . . . . . . . . . No limit Democracy fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit
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Provided, That all expenditures from the democracy fund shall be to provide matching funds to implement Title II of the federal help America vote act of 2002, public law 107-252, as prescribed under that act. Technology communication fee fund . . . . . . . . . . . . . . . . . . . . No limit Help America Vote Act federal fund. . . . . . . . . . . . . . . . . . . . . No limit HAVA title I federal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Voting accessdisabled individuals federal fund. . . . . . No limit Cemetery maintenance and merchandise fee fund . . . . . No limit (b) During the fiscal year ending June 30, 2012, notwithstanding the provisions of any other statute, in addition to the other purposes for which expenditures may be made from any special revenue fund or funds for fiscal year 2012 by the above agency by this or other appropriation act of the 2011 regular session of the legislature, expenditures shall be made by the above agency from such special revenue fund or funds to provide a report to the house appropriations committee and the senate ways and means committee detailing the costs of publication in a newspaper in each county pursuant to K.S.A. 64-103, and amendments thereto, of any constitutional amendment that is introduced by the legislature during the 2012 regular session of the legislature. (c) On July 1, 2011, or as soon thereafter as moneys are available, the director of accounts and reports shall transfer $200,000 from the uniform commercial code fee fund of the secretary of state to the state general fund. Sec. 87. STATE TREASURER (a) There is appropriated for the above agency from the following special revenue fund or funds for the fiscal year ending June 30, 2012, all moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures shall not exceed the following: State treasurer operating fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,547,986 Provided, That, notwithstanding the provisions of the uniform unclaimed property act, K.S.A. 58-3934 et seq., and amendments thereto, or any other statute, of all the moneys received under the uniform unclaimed property act, K.S.A. 58-3934 et seq., and amendments thereto, during fiscal year 2012, the state treasurer is hereby authorized and directed to credit the first $1,547,986 received and deposited in the state treasury to the state treasurer operating fund: Provided further, That, after such aggregate amount has been credited to the state treasurer operating fund, then all of the moneys received under the uniform unclaimed property act during fiscal year 2012 shall be credited as prescribed under the unclaimed property act, K.S.A. 58-3934 et seq., and amendments thereto: And provided further, That all moneys credited to the state treasurer operating fund during fiscal year 2012 are to reimburse the state treasurer for accounting, auditing, budgeting, legal, payroll, personnel and purchasing services and any other governmental services which are performed to administer the provisions of the uniform unclaimed property act, K.S.A. 58-3934 et seq., and amendments thereto, that are not otherwise reimbursed under any other provision of law. Fiscal agency fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Bond services fee fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit City bond finance fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Local ad valorem tax reduction fund . . . . . . . . . . . . . . . . . . . . No limit County and city revenue sharing fund . . . . . . . . . . . . . . . . . . No limit Suspense fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit County and city retailers sales tax fund . . . . . . . . . . . . . . . . No limit County and city compensating use tax fund. . . . . . . . . . . . No limit Local alcoholic liquor fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Local alcoholic liquor equalization fund. . . . . . . . . . . . . . . . . No limit Unclaimed property claims fund . . . . . . . . . . . . . . . . . . . . . . . . . No limit Unclaimed property expense fund . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That expenditures from the unclaimed property expense fund for official hospitality shall not exceed $2,000. County and city transient guest tax fund. . . . . . . . . . . . . . . . No limit Racing admissions tax fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Rental motor vehicle excise tax fund. . . . . . . . . . . . . . . . . . . . . No limit Transportation development district sales tax fund. . . . No limit Redevelopment bond fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Municipal investment pool fund . . . . . . . . . . . . . . . . . . . . . . . . . No limit Pooled money investment portfolio fee fund . . . . . . . . . . . No limit Provided, That, on or before the fifth day of each month of the fiscal year ending June 30, 2012, the state treasurer shall certify to the pooled money investment board an accounting of the banking fees incurred by the state treasurer during the second preceding month that are attributable to the investment of the pooled money investment portfolio during such month: Provided further, That, prior to the 10th day of each
month during the fiscal year ending June 30, 2012, the pooled money investment board shall review the certification from the state treasurer and shall make expenditures from the pooled money investment portfolio fee fund to pay the amount of banking fees incurred by the state treasurer during the second preceding month that are attributable to the investment of the pooled money investment portfolio during the second preceding month, as determined by the pooled money investment board: And provided further, That expenditures from the pooled money investment portfolio fee fund for official hospitality shall not exceed $800. Special qualified industrial manufacturer fund. . . . . . . . . No limit Provided, That, notwithstanding the provisions of K.S.A. 2010 Supp. 7450,122, and amendments thereto, or any other statute, the special qualified industrial manufacturer fund shall be maintained in the state treasury and shall be administered by the state treasurer for the purposes of the qualified industrial manufacturer act: Provided further, That on the 15th day of each month that commences during fiscal year 2012, the secretary of commerce and the secretary of revenue shall consult and determine the amount of revenue received by the state from withholding taxes paid by each taxpayer that is a qualified industrial manufacturer during the preceding month and then, jointly, shall certify the amount so determined to the director of accounts and reports and, at the same time as such certification is transmitted to the director of accounts and reports, shall transmit a copy of such certification to the director of the budget and the director of legislative research: And provided further, That, upon receipt of each such certification, the director of accounts and reports shall transfer the amount certified from the state general fund to the special qualified industrial manufacturer fund established by this subsection: And provided further, That, on or before the 10th day of each month commencing during fiscal year 2012, the director of accounts and reports shall transfer from the state general fund to the special qualified industrial manufacturer fund interest earnings based on: (1) The average daily balance of moneys in the special qualified industrial manufacturer fund established by this subsection for the preceding month; and (2) the net earnings rate of the pooled money investment portfolio for the preceding month: And provided further, That the moneys credited to the special qualified industrial manufacturer fund from the withholding taxes paid by a qualified industrial manufacturer shall be paid by the state treasurer to such qualified industrial manufacturer on such dates as are mutually agreed to by the secretary of commerce and the state treasurer, serving as paying agent in accordance with the terms of the agreement entered into pursuant to K.S.A. 2010 Supp. 74-50,122, and amendments thereto, by the secretary of commerce and such qualified industrial manufacturer: And provided further, That not more than $2,000,000 shall be paid from the special qualified industrial manufacturer fund established by this subsection by the state treasurer to a qualified industrial manufacturer: And provided further, That the words and phrases used in these provisos to appropriation of moneys in the special qualified industrial manufacturer fund shall have the meanings respectively ascribed thereto by K.S.A. 2010 Supp. 7450,121, and amendments thereto, unless the context requires otherwise. Kansas postsecondary education savings program trust fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That notwithstanding the provisions of subsection (f) of K.S.A. 2010 Supp. 75-650, and amendments thereto, or any other statute, moneys are hereby appropriated for the fiscal year ending June 30, 2012, for the purpose of matching contributions of qualified applicants. Kansas postsecondary education savings expense fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Conversion of materials and equipment fund . . . . . . . . . . No limit Tax increment financing revenue replacement fund . . . No limit Spirit bonds fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That, on the 15th day of each month that commences during fiscal year 2012, the secretary of revenue shall determine the amount of revenue received by the state during the preceding month from withholding taxes paid with respect to an eligible project by each taxpayer that is an eligible business for which bonds have been issued under K.S.A. 2010 Supp. 74-50,136, and amendments thereto, and shall certify the amount so determined to the director of accounts and reports and, at the same time as such certification is transmitted to the director of accounts and reports, shall transmit a copy of such certification to the director of the budget and the director of legislative research: Provided further, That, upon receipt of each such certification, the director of accounts and reports shall transfer the amount certified from the state general fund to the spirit bonds fund: And provided further, That, on or before the 10th day of each month commencing during fiscal year 2012, (continued)
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the director of accounts and reports shall transfer from the state general fund to the spirit bonds fund interest earnings based on: (1) The average daily balance of moneys in the spirit bonds fund for the preceding month; and (2) the net earnings rate of the pooled money investment portfolio for the preceding month: And provided further, That the moneys credited to the spirit bonds fund from the withholding taxes paid by an eligible business and the interest earnings thereon shall be transferred by the state treasurer from the spirit bonds fund to the special economic revitalization fund administered by the state treasurer in accordance with K.S.A. 2010 Supp. 74-50,136, and amendments thereto. Learjet bond fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That, on the 15th day of each month that commences during fiscal year 2012, the secretary of revenue shall determine the amount of revenue received by the state during the preceding month from withholding taxes paid with respect to an eligible project by each taxpayer that is an eligible business for which bonds have been issued under K.S.A. 2010 Supp. 74-50,136, and amendments thereto, and for which the learjet bond fund was created, and shall certify the amount so determined to the director of accounts and reports and, at the same time as such certification is transmitted to the director of accounts and reports, shall transmit a copy of such certification to the director of the budget and the director of legislative research: Provided further, That, upon receipt of each such certification, the director of accounts and reports shall transfer the amount certified from the state general fund to the learjet bond fund: And provided further, That, on or before the 10th day of each month commencing during fiscal year 2012, the director of accounts and reports shall transfer from the state general fund to the learjet bond fund interest earnings based on: (1) The average daily balance of moneys in the learjet bond fund for the preceding month; and (2) the net earnings rate of the pooled money investment portfolio for the preceding month: And provided further, That the moneys credited to the learjet bond fund from the withholding taxes paid by an eligible business and the interest earnings thereon shall be transferred by the state treasurer from the learjet bond fund to the appropriate account of the special economic revitalization fund administered by the state treasurer in accordance with K.S.A. 2010 Supp. 74-50,136, and amendments thereto. Siemens bond fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That, on the 15th day of each month that commences during fiscal year 2012, the secretary of revenue shall determine the amount of revenue received by the state during the preceding month from withholding taxes paid with respect to an eligible project by each taxpayer that is an eligible business for which bonds have been issued under K.S.A. 2010 Supp. 74-50,136, and amendments thereto, and for which the Siemens bond fund was created, and shall certify the amount so determined to the director of accounts and reports and, at the same time as such certification is transmitted to the director of accounts and reports, shall transmit a copy of such certification to the director of the budget and the director of legislative research: Provided further, That, upon receipt of each such certification, the director of accounts and reports shall transfer the amount certified from the state general fund to the Siemens bond fund: And provided further, That, on or before the 10th day of each month commencing during fiscal year 2012, the director of accounts and reports shall transfer from the state general fund to the Siemens bond fund interest earnings based on: (1) The average daily balance of moneys in the Siemens bond fund for the preceding month; and (2) the net earnings rate of the pooled money investment portfolio for the preceding month: And provided further, That the moneys credited to the Siemens bond fund from the withholding taxes paid by an eligible business and the interest earnings thereon shall be transferred by the state treasurer from the Siemens bond fund to the appropriate account of the special economic revitalization fund administered by the state treasurer in accordance with K.S.A. 2010 Supp. 74-50,136, and amendments thereto. Business machinery and equipment tax reduction assistance fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $0 Telecommunications and railroad machinery and equipment tax reduction assistance fund. . . . . . . . . . . . $0 Community improvement district sales tax fund . . . . . . No limit Special economic revitalization fund. . . . . . . . . . . . . . . . . . . . . No limit Bioscience development and investment fund. . . . . . . . . . No limit (b) During the fiscal year ending June 30, 2012, notwithstanding the provisions of K.S.A. 75-1514, and amendments thereto, or any other statute, the commissioner of insurance shall remit all moneys received by the commissioner under K.S.A. 75-1508, and amendments thereto, to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto: Provided, That, upon receipt of each such re-
mittance, the state treasurer shall deposit the entire amount in the state treasury: Provided, however, That, for each such remittance deposited in the state treasury during fiscal year 2012, the state treasurer shall not credit such deposit pursuant to K.S.A. 75-1514, and amendments thereto, but shall credit such deposit in accordance with the provisions of this subsection: Provided further, That the state treasurer shall credit 10% of each such deposit to the state general fund and the state treasurer shall credit the remainder of each such deposit as follows: (1) The amount equal to 64% of the remainder of such deposit shall be credited to the fire marshal fee fund of the state fire marshal; (2) the amount equal to 20% of the remainder of such deposit shall be credited to the emergency medical services board operating fund of the emergency medical services board; and (3) the amount equal to 16% of the remainder of such deposit shall be credited to the fire service training program fund of the university of Kansas: And provided further, That the amount of each such deposit that is credited to the state general fund pursuant to this subsection is to reimburse the state general fund for accounting, auditing, budgeting, legal, payroll, personnel and purchasing services and any other governmental services which are performed on behalf of the state fire marshal, the emergency medical services board, and the fire service training program of the university of Kansas by other state agencies which receive appropriations from the state general fund to provide such services: And provided further, That, whenever in fiscal year 2012 the aggregate amount that the 10% credit to the state general fund prescribed by this subsection is equal to $100,000, then (1) the provisions of this subsection prescribing the 10% credit to the state general fund no longer shall apply to moneys received pursuant to K.S.A. 75-1508, and amendments thereto, and (2) for the remainder of fiscal year 2012, the state treasurer shall credit the full 100% so received of each such deposit as follows: (A) The amount equal to 64% of such deposit shall be credited to the fire marshal fee fund of the state fire marshal; (B) the amount equal to 20% of such deposit shall be credited to the emergency medical services board operating fund of the emergency medical services board; and (C) the amount equal to 16% of such deposit shall be credited to the fire service training program fund of the university of Kansas. Sec. 88. INSURANCE DEPARTMENT (a) There is appropriated for the above agency from the following special revenue fund or funds for the fiscal year ending June 30, 2012, all moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures other than refunds authorized by law shall not exceed the following: Insurance department service regulation fund . . . . . . . . . No limit Provided, That expenditures from the insurance department service regulation fund for official hospitality shall not exceed $2,500: Provided further, That transfers may be made from this fund to the insurance department rehabilitation and repair fund of the insurance department. Insurance company examination fund. . . . . . . . . . . . . . . . . . . No limit Provided, That transfers may be made from the insurance company examination fund to the insurance department rehabilitation and repair fund of the insurance department. Insurance company annual statement examination fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Insurance company examiner training fund . . . . . . . . . . . . No limit Conversion of materials and equipment fund . . . . . . . . . . No limit Commissioners travel reimbursement fund . . . . . . . . . . . . No limit Provided, That expenditures may be made from the commissioners travel reimbursement fund only to reimburse the commissioner of insurance, or any designated employee, for expenses incurred for in-state or out-of-state travel for official purposes, including travel to meetings of public or private associations: Provided further, That all moneys received by the commissioner of insurance for such travel from any nonstate agency source shall be deposited in the state treasury to the credit of this fund. Workers compensation fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That expenditures from the workers compensation fund for attorney fees and other costs and benefit payments may be made regardless of when services were rendered or when the initial award of benefits was made. State firefighters relief fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That, notwithstanding the provisions of K.S.A. 40-1706, and amendments thereto, or any other statute, transfers may be made from the state firefighters relief fund to the insurance department rehabilitation and repair fund of the insurance department: Provided further, That, pursuant to provisions of section 34(a) of chapter 131 of the 2008
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Session Laws of Kansas, one or more transfers may be made during fiscal year 2012 from the state firefighters relief fund to the insurance department service regulation fund to repay the amount that was borrowed for the special distribution in FY 2008 pursuant to section 34(a) of chapter 131 of the 2008 Session Laws of Kansas, relating to the overpayment to the firefighters relief association for Manhattan, KS: And provided further, That, as used in this proviso, (1) 2012 formula amount means the amount determined in accordance with the formula and other provisions of K.S.A. 40-1706, and amendments thereto, for the firefighters relief association for Manhattan, KS, for fiscal year 2012, (2) 2008 payment amount means the amount actually paid to the firefighters relief association for Manhattan, KS, from the state firefighters relief fund for fiscal year 2008, and (3) 2012 repayment amount means the difference between the 2012 formula amount and the 2008 payment amount: And provided further, That, notwithstanding the provisions of K.S.A. 40-1706, and amendments thereto, or any other statute, the amount of the distribution to be paid to the firefighters relief association for Manhattan, KS, from the state firefighters relief fund for fiscal year 2012 shall not exceed the 2008 payment amount: And provided further, That the commissioner of insurance shall certify the 2012 repayment amount to the director of accounts and reports and the outstanding amount that remains to be repaid to the insurance department service regulation fund pursuant to provisions of section 34(a) of chapter 131 of the 2008 Session Laws of Kansas after the transfer to the insurance department service regulation fund pursuant to this proviso: And provided further, That, upon receipt of such certification, the director of accounts and reports shall transfer the amount equal to the 2012 repayment amount from the state firefighters relief fund to the insurance department service regulation fund: And provided further, That, at the same time that the commissioner of insurance transmits such certification to the director of accounts and reports, the commissioner of insurance shall transmit a copy of such certification to the director of the budget and to the director of legislative research. Insurance company tax and fee refund fund . . . . . . . . . . . No limit Group-funded workers compensation pools fee fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That transfers may be made from the group-funded workers compensation pools fee fund to the insurance department rehabilitation and repair fund of the insurance department. Municipal group-funded pools fee fund. . . . . . . . . . . . . . . . . No limit Provided, That transfers may be made from the municipal group-funded pools fee fund to the insurance department rehabilitation and repair fund of the insurance department. Uninsurable health insurance plan fund . . . . . . . . . . . . . . . . No limit Insurance education and training fund . . . . . . . . . . . . . . . . . . No limit Provided, That expenditures may be made from the insurance education and training fund for training programs and official hospitality: Provided further, That the insurance commissioner is hereby authorized to fix, charge and collect fees for such training programs: And provided further, That fees for such training programs shall be fixed in order to collect all or part of the operating expenses incurred for such training programs, including official hospitality: And provided further, That all fees received for such training programs shall be deposited in the state treasury in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, and shall be credited to the insurance education and training fund. Monumental life settlement fund. . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That all expenditures from the monumental life settlement fund shall be made for scholarship purposes: Provided further, That the scholarship recipients shall be African-American students who are currently enrolled and are attending an accredited higher education institution in the state of Kansas and who have designated a major in mathematics, computer science or business. Fines and penalties fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $10,000 Provided, That, notwithstanding the provisions of K.S.A. 40-2606, and amendments thereto, or any other statute, all moneys received during fiscal year 2012 for penalties imposed pursuant to K.S.A. 40-2606, and amendments thereto, shall be deposited in the state treasury in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, and shall be credited to the fines and penalties fund. Settlements fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That moneys may be transferred or otherwise credited to the settlements fund as the result of or pursuant to court orders under K.S.A. 40-3644, and amendments thereto, court-ordered settlements, or legislative authority: Provided further, That expenditures from the settlements fund shall be made for the purpose of providing consumer ed-
ucation and outreach or for costs that the insurance department may incur in closeout of any troubled insurance company matters. Emergency management performance grantFederal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Affordable care actfederal fund . . . . . . . . . . . . . . . . . . . . . . . . No limit HHS consumer assistance grantfederal fund . . . . . . . . . No limit HHS exchange planning & establishment grantfederal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit HHS rate review grantfederal fund . . . . . . . . . . . . . . . . . . . No limit ExchangeKMED early innovator federal grant. . . . . . . No limit (b) In addition to the other purposes for which expenditures may be made by the insurance department from the insurance company examination fund for fiscal year 2012 as authorized by K.S.A. 40-223, and amendments thereto, notwithstanding the provisions of K.S.A. 40-223 or 75-3721, and amendments thereto, or any other statute, expenditures may be made by the insurance department from the insurance company examination fund for fiscal year 2012 for the examination of annual statements filed with the commissioner of insurance, regardless of when the services were rendered, when the expenses were incurred or when any claim was submitted or processed for payment and regardless of whether or not the services were rendered or the expenses were incurred prior to the effective date of this act. Sec. 89. HEALTH CARE STABILIZATION FUND BOARD OF GOVERNORS (a) There is appropriated for the above agency from the following special revenue fund or funds for the fiscal year ending June 30, 2012, all moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures other than refunds authorized by law shall not exceed the following: Health care stabilization fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Conference fee fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit (b) Expenditures from the health care stabilization fund for the fiscal year ending June 30, 2012, other than refunds authorized by law for the following specified purposes shall not exceed the limitations prescribed therefor as follows: Operating expenditures. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,666,312 Provided, That expenditures may be made from the operating expenditures account for official hospitality. Legal services and other claims expenses . . . . . . . . . . . . . . . No limit Claims and benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Sec. 90. JUDICIAL COUNCIL (a) There is appropriated for the above agency from the following special revenue fund or funds for the fiscal year ending June 30, 2012, all moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures other than refunds authorized by law shall not exceed the following: Judicial council fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Grants and gifts fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That all private grants and gifts received by the judicial council, other than moneys received as grants, gifts or donations for the preparation, publication or distribution of legal publications, shall be deposited to the credit of the grants and gifts fund. Publications fee fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Judicial performance fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit (b) On June 30, 2012, notwithstanding the provisions of K.S.A. 202207, and amendments thereto, or any other statute, the director of accounts and reports shall transfer the amount of any unencumbered balance in the publications fee fund as of June 30, 2012, in excess of $175,000 from the publications fee fund to the state general fund: Provided, That the transfer of such amount shall be in addition to any other transfer from the publications fee fund to the state general fund as prescribed by law: Provided further, That the amount transferred from the publications fee fund to the state general fund pursuant to this subsection is to reimburse the state general fund for accounting, auditing, budgeting, legal, payroll, personnel and purchasing services and any other governmental services which are performed on behalf of the judicial council by other state agencies which receive appropriations from the state general fund to provide such services: And provided further, That when the judicial council must expend moneys for unforeseen and unbudgeted items, that such moneys shall be paid first from the judicial council fund and then from the publication fees fund. (c) On July 1, 2011, or as soon thereafter as moneys are available, notwithstanding the provisions of K.S.A. 2010 Supp. 20-3207, and (continued)
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amendments thereto, or any other statute, the director of accounts and reports shall transfer $778,518 from the judicial performance fund of the judicial council to the judicial branch surcharge fund of the judicial branch: Provided, That the transfer of such amount shall be in addition to any other transfer from the judicial performance fund as prescribed by law. Sec. 91. STATE BOARD OF INDIGENTS DEFENSE SERVICES (a) There is appropriated for the above agency from the state general fund for the fiscal year ending June 30, 2012, the following: Operating expenditures. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $11,479,801 Provided, That any unencumbered balance in the operating expenditures account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012: Provided, however, That expenditures for indigents defense services are authorized to be made from the operating expenditures account regardless of when services were rendered: Provided further, That expenditures may be made from the operating expenditures account for negotiated contracts for malpractice insurance for public defenders and deputy or assistant public defenders: And provided further, That all contracts for malpractice insurance for public defenders and deputy or assistant public defenders shall be negotiated and purchased by the state board of indigents defense services, shall not be subject to approval or purchase by the committee on surety bonds and insurance under K.S.A. 75-4114 and 75-6111, and amendments thereto, and shall not be subject to the provisions of K.S.A. 75-3739, and amendments thereto. Assigned counsel expenditures . . . . . . . . . . . . . . . . . . . . . . . . . . . $7,904,990 Provided, That any unencumbered balance in excess of $100 as of June 30, 2011, in the assigned counsel expenditures account is hereby reappropriated for fiscal year 2012: Provided further, That expenditures for indigents defense services are authorized to be made from the assigned counsel expenditures account regardless of when services were rendered. Capital defense operations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,431,887 Provided, That any unencumbered balance in excess of $100 as of June 30, 2011, in the capital defense operations account is hereby reappropriated for fiscal year 2012: Provided further, That expenditures for indigents defense services are authorized to be made from the capital defense operations account regardless of when services were rendered. Legal services for prisoners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $289,592 (b) There is appropriated for the above agency from the following special revenue fund or funds for the fiscal year ending June 30, 2012, all moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures other than refunds authorized by law shall not exceed the following: Indigents defense services fund. . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That expenditures may be made from the indigents defense services fund for the purpose of assigned counsel and other professional services related to contract cases. Inservice education workshop fee fund . . . . . . . . . . . . . . . . . No limit Provided, That expenditures may be made from the inservice education workshop fee fund for operating expenditures, including official hospitality, incurred for inservice workshops and conferences: Provided further, That the state board of indigents defense services is hereby authorized to fix, charge and collect fees for inservice workshops and conferences: And provided further, That such fees shall be fixed in order to recover all or part of such operating expenditures incurred for inservice workshops and conferences: And provided further, That all fees received for inservice workshops and conferences shall be deposited in the state treasury in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, and shall be credited to the inservice education workshop fee fund. Edward Byrne memorial JAGARRA fund . . . . . . . . . . . . No limit Grant server backup/recoveryJAG fund . . . . . . . . . . . . . . No limit Edward Byrne memorial JAGdefender position fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit (c) During the fiscal year ending June 30, 2012, the executive director of the state board of indigents defense services, with the approval of the director of the budget, may transfer any part of any item of appropriation for the fiscal year ending June 30, 2012, from the state general fund for the state board of indigents defense services to any other item of appropriation for fiscal year 2012 from the state general fund for the state board of indigents defense services. The executive director shall certify each such transfer to the director of accounts and reports and
shall transmit a copy of each such certification to the director of legislative research. Sec. 92. JUDICIAL BRANCH (a) There is appropriated for the above agency from the state general fund for the fiscal year ending June 30, 2012, the following: Judiciary operations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $102,095,188 Provided, That any unencumbered balance in the judiciary operations account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012: Provided further, That contracts for computer input of judicial opinions and all purchases thereunder shall not be subject to the provisions of K.S.A. 75-3739, and amendments thereto: And provided further, That expenditures may be made from the judicial operations account for contingencies without limitation at the discretion of the chief justice: And provided further, That expenditures from the judicial operations account for such contingencies shall not exceed $25,000: And provided further, That expenditures from the judicial operations account for official hospitality shall not exceed $4,000: And provided further, That expenditures shall be made from the judicial operations account for the travel expenses of panels of the court of appeals for travel to cities across the state to hear appealed cases: And provided further, That for the fiscal year ending June 30, 2012, the costs of printing advance sheets and bound volumes of opinions of the supreme court and the court of appeals shall first be paid from the fees collected for the sale of advance sheets and the bound volumes of opinions and after all such fees are expended for such purpose, any remaining costs of printing shall be paid from moneys appropriated in the judiciary operations account of the state general fund for fiscal year ending June 30, 2012: And provided further, That expenditures made from the judiciary operations account for information technology projects, as defined by K.S.A. 2010 Supp. 757201, and amendments thereto, and as set forth in the information technology project budget estimates reported pursuant to K.S.A. 2010 Supp. 75-7209, and amendments thereto, for such information technology projects, shall be reduced by $62,242 for fiscal year 2012. (b) There is appropriated for the above agency from the following special revenue fund or funds for the fiscal year ending June 30, 2012, all moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures other than refunds authorized by law shall not exceed the following: Library report fee fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Judiciary technology fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That expenditures made from the judiciary technology fund for information technology projects, as defined by K.S.A. 2010 Supp. 757201, and amendments thereto, and as set forth in the information technology project budget estimates reported pursuant to K.S.A. 2010 Supp. 75-7209, and amendments thereto, for such information technology projects, shall be reduced by $12,047 for fiscal year 2012. Judicial branch gifts fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Dispute resolution fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Judicial branch education fund . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That expenditures may be made from the judicial branch education fund to provide services and programs for the purpose of educating and training judicial branch officers and employees, administering the training, testing and education of municipal judges as provided in K.S.A. 12-4114, and amendments thereto, educating and training municipal judges and municipal court support staff, and for the planning and implementation of a family court system, as provided by law, including official hospitality: Provided further, That the judicial administrator is hereby authorized to fix, charge and collect fees for such services and programs: And provided further, That such fees may be fixed to cover all or part of the operating expenditures incurred in providing such services and programs, including official hospitality: And provided further, That all fees received for such services and programs, including official hospitality, shall be deposited in the state treasury in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, and shall be credited to the judicial branch education fund. Conversion of materials and equipment fund . . . . . . . . . . No limit Child welfare federal grant fund . . . . . . . . . . . . . . . . . . . . . . . . . No limit Child support enforcement contractual agreement fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Bar admission fee fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Permanent families accountfamily and children investment fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Duplicate law book fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Court reporter fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Access to justice fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Judicial technology and building and grounds fund. . . No limit
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Judicial branch nonjudicial salary initiative fund . . . . . . No limit Judicial branch nonjudicial salary adjustment fund. . . . No limit Federal grants fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit District magistrate judge supplemental compensation fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Judicial branch surcharge fund . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Correctional supervision fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Edward Byrne memorial justice assistance fund . . . . . . . No limit Community defense solutionsviolence against women fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Edward Byrne justice assistance grant fundARRA . . No limit S.T.O.P. violence against women act fundARRA . . . . No limit Violence against women grant fundARRA . . . . . . . . . . . No limit Edward Byrne memorial justice assistance grant ARRA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit State court improvement program fund . . . . . . . . . . . . . . . . . No limit Sec. 93. KANSAS PUBLIC EMPLOYEES RETIREMENT SYSTEM (a) There is appropriated for the above agency from the state general fund for the fiscal year ending June 30, 2012, the following: 13th retirement checkdebt service . . . . . . . . . . . . . . . . . . . . . $3,210,092 (b) There is appropriated for the above agency from the following special revenue fund or funds for the fiscal year ending June 30, 2012, all moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures other than refunds authorized by law shall not exceed the following: Kansas public employees retirement fund . . . . . . . . . . . . . . No limit Provided, That no expenditures may be made from the Kansas public employees retirement fund other than for benefits, investments, refunds authorized by law, and other purposes specifically authorized by this or other appropriation act. Kansas public employees deferred compensation fees fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Group insurance reserve fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Optional death benefit plan reserve fund . . . . . . . . . . . . . . . No limit Kansas endowment for youth fund . . . . . . . . . . . . . . . . . . . . . . No limit Senior services trust fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Family and children endowment accountfamily and children investment fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Non-retirement administration fund . . . . . . . . . . . . . . . . . . . . . No limit Provided, That the executive officer of the Kansas public employees retirement system shall certify to the director of accounts and reports the amount of moneys to transfer from the Kansas endowment for youth fund, the senior services trust fund, the family and children endowment accountfamily and children investment fund, and the unclaimed property account of the state general fund for the purpose of reimbursing the costs of non-retirement related administrative activities and investment-related expenses for managing such funds in accordance with K.S.A. 74-4909b, and amendments thereto. KDFA series 2003H bond debt service fund . . . . . . . . . . . . No limit Provided, That notwithstanding the provisions of K.S.A. 74-4921 et seq., and amendments thereto, any employer contributions remitted in accordance with the provisions of K.S.A. 20-2605, and amendments thereto, K.S.A. 74-4920, and amendments thereto, K.S.A. 74-4939, and amendments thereto, and K.S.A. 74-4967, and amendments thereto, for the purpose of paying the actuarial cost of the provisions of K.S.A. 7449,109 et seq., and amendments thereto, shall be deposited in the KDFA series 2003H bond debt service fund: Provided further, That the executive director of the Kansas public employees retirement system shall certify to the director of accounts and reports an amount to reimburse the state general fund for bond debt service payments authorized in fiscal year 2012: And provided further, That the director of accounts and reports shall transfer to the state general fund such amount certified as provided by the executive director no later than June 30, 2012. (c) Expenditures may be made from the expense reserve of the Kansas public employees retirement fund for the fiscal year ending June 30, 2012, for the following specified purposes: Agency operations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $8,517,600 Provided, That expenditures from the agency operations account may be made for official hospitality. Investment-related expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit KPERS technology project . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit (d) Expenditures may be made from the non-retirement administration fund for the fiscal year ending June 30, 2012, for the following specified purposes: Agency operations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $75,603
No limit Investment-related expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (e) On July 1, 2011, notwithstanding the provisions of K.S.A. 382102, and amendments thereto, the amount prescribed by subsection (d)(4) of K.S.A. 38-2102, and amendments thereto, to be transferred on July 1, 2011, by the director of accounts and reports from the Kansas endowment for youth fund to the childrens initiatives fund is hereby increased to $54,611,593. Sec. 94. KANSAS HUMAN RIGHTS COMMISSION (a) There is appropriated for the above agency from the state general fund for the fiscal year ending June 30, 2012, the following: Operating expenditures. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,242,018 Provided, That any unencumbered balance in the operating expenditures account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012: Provided, however, That expenditures from this account for official hospitality shall not exceed $150: Provided further, That expenditures for mediation services contracted with Kansas legal services shall be made only upon certification by the executive director of the human rights commission to the director of accounts and reports that private moneys are available to match the expenditure of state moneys on a $1 of private moneys to $3 of state moneys basis. (b) There is appropriated for the above agency from the following special revenue fund or funds for the fiscal year ending June 30, 2012, all moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures other than refunds authorized by law shall not exceed the following: Federal fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Conversion of materials and equipment fund . . . . . . . . . . No limit Annual banquet fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That expenditures may be made from the annual banquet fund for operating expenditures for the commissions annual banquet, including official hospitality: Provided further, That the executive director is hereby authorized to fix, charge and collect fees for such banquet: And provided further, That such fees shall be fixed in order to recover all or part of the operating expenses incurred for such banquet, including official hospitality: And provided further, That all fees received for such banquet shall be deposited in the state treasury in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, and shall be credited to the annual banquet fund. Education and training fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That expenditures may be made from the education and training fund for operating expenditures for the commissions education and training programs for the general public, including official hospitality: Provided further, That the executive director is hereby authorized to fix, charge and collect fees for such programs: And provided further, That such fees shall be fixed in order to recover all or part of the operating expenses incurred for such training programs, including official hospitality: And provided further, That all fees received for such programs shall be deposited in the state treasury in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, shall be credited to the education and training fund. Sec. 95. STATE CORPORATION COMMISSION (a) There is appropriated for the above agency from the following special revenue fund or funds for the fiscal year ending June 30, 2012, all moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures other than refunds authorized by law shall not exceed the following: Public service regulation fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Motor carrier license fees fund . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Conservation fee fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That any expenditure made from the conservation fee fund for plugging abandoned wells, cleanup of pollution from oil and gas activities and testing of wells shall be in addition to any expenditure limitation imposed on this fund: Provided further, That expenditures may be made from this fund for debt collection and set-off administration: And provided further, That a percentage of the fees collected, not to exceed 27%, shall be transferred from the conservation fee fund to the accounting services recovery fund of the department of administration for services rendered in collection efforts: And provided further, That all expenditures made from the conservation fee fund for debt collection and set-off administration shall be in addition to any expenditure limitation imposed on this fund: And provided further, That the state corporation commission shall include as part of the fiscal year 2013 budget estimates for the state corporation commission submitted pursuant to K.S.A. 75(continued)
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3717, and amendments thereto, a three-year projection of receipts to and expenditures from the conservation fee fund for fiscal years 2013, 2014 and 2015. Energy grants management federal fundARRA . . . . . No limit Provided, That the state corporation commission is hereby designated as the state agency to receive moneys from federal agencies for energy conservation and other energy related activities under the federal American recovery and reinvestment act of 2009, as amended: Provided further, That, whenever moneys are received by the state corporation commission from federal agencies for energy conservation and other energyrelated activities under the federal American recovery and reinvestment act of 2009, as amended, such moneys shall be deposited in the state treasury in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, and shall be credited to the energy grants management federal fundARRA. State electricity regulators assistanceARRA federal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Energy efficiency revolving loan programARRA federal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That expenditures may be made from the energy efficiency revolving loan programARRA federal fund for the energy efficiency revolving loan program pursuant to vouchers approved by the chairperson of the state corporation commission or by a person or persons designated by the chairperson: Provided further, That the state corporation commission is hereby authorized to establish the energy efficiency revolving loan program for the purpose of making loans for energy conservation and other energy-related activities: And provided further, That loans under such program shall be made at an interest rate established by the state corporation commission: And provided further, That the state corporation commission is hereby authorized to enter into contracts with other state agencies and with persons as may be necessary to administer the energy efficiency revolving loan program: And provided further, That any person who agrees to receive money from the energy efficiency revolving loan programARRA federal fund shall enter into an agreement requiring such person to submit a written report to the state corporation commission detailing and accounting for all expenditures and receipts related to the use of the moneys received from the energy efficiency revolving loan programARRA federal fund: And provided further, That moneys repaid to the energy efficiency revolving loan program moneys shall be deposited in the state treasury in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, and shall be credited to the energy efficiency revolving loan program ARRA federal fund: And provided further, That, on or before the tenth day of each month, the director of accounts and reports shall transfer from the state general fund to the energy efficiency revolving loan programARRA federal fund interest earnings based on: (1) The average daily balance of repaid moneys in the energy efficiency revolving loan programARRA federal fund for the preceding month; and (2) the net earnings rate for the pooled money investment portfolio for the preceding month. Natural gas underground storage fee fund . . . . . . . . . . . . . No limit Gas pipeline inspection fee fund . . . . . . . . . . . . . . . . . . . . . . . . . No limit Special one-callfederal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Compressed air energy storage fee fund . . . . . . . . . . . . . . . . No limit Abandoned oil and gas well fund . . . . . . . . . . . . . . . . . . . . . . . . No limit Well plugging assurance fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Facility conservation improvement program fund . . . . . No limit Gas pipeline safety programfederal fund . . . . . . . . . . . . . No limit Carbon dioxide injection well and underground storage fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Energy related grantsfederal fund . . . . . . . . . . . . . . . . . . . . . No limit Energy grants management fund. . . . . . . . . . . . . . . . . . . . . . . . . No limit Energy conservation planfederal fund . . . . . . . . . . . . . . . . No limit Vehicle information systems networkfederal fund . . No limit Underground injection control class IIfederal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit One callfederal fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Inservice education workshop fee fund . . . . . . . . . . . . . . . . . No limit Provided, That expenditures may be made from the inservice education workshop fee fund for operating expenditures, including official hospitality, incurred for inservice workshops and conferences conducted by the state corporation commission for staff and members of the state corporation commission: Provided further, That the state corporation commission is hereby authorized to fix, charge and collect fees for such inservice workshops and conferences: And provided further, That such fees shall be fixed in order to recover all or part of the operating expenditures incurred for conducting such inservice workshops and con-
ferences: And provided further, That all moneys received for such fees shall be deposited in the state treasury in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, and shall be credited to the inservice education workshop fee fund. Unified carrier registration clearing fund . . . . . . . . . . . . . . . No limit Credit card clearing fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Suspense fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit KETA development fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit (b) Expenditures for the fiscal year ending June 30, 2012, by the state corporation commission from the public service regulation fund, the motor carrier license fees fund and the conservation fee fund shall not exceed, in the aggregate, $16,844,081: Provided, That, within such limitation on the aggregate of expenditures, expenditures made for fiscal year 2012 from the public service regulation fund, the motor carrier license fees fund and the conservation fee fund for official hospitality shall not exceed, in the aggregate, $2,000. (c) Expenditures for the fiscal year ending June 30, 2012, by the state corporation commission from the conservation fee fund or the abandoned oil and gas well fund may be made for the service of independent on-site supervision of well plugging contracts: Provided, That all expenditures from the conservation fee fund or the abandoned oil and gas well fund for the purpose of plugging of abandoned oil and gas wells shall be subject to the competitive bidding requirements of K.S.A. 753739, and amendments thereto, and shall not be exempt from such competitive bidding requirements on the basis of the estimated amount of such purchases. (d) During the fiscal year ending June 30, 2012, the executive director of the state corporation commission, with the approval of the director of the budget, may transfer additional moneys from the conservation fee fund of the state corporation commission, which are in excess of $400,000 prescribed by K.S.A. 55-193, and amendments thereto, to the abandoned oil and gas well plugging fund of the state corporation commission: Provided, That the executive director of the state corporation commission shall certify each such transfer of additional moneys to the director of accounts and reports and shall transmit a copy of each such certification to the director of legislative research. (e) During the fiscal year ending June 30, 2012, notwithstanding the provisions of any other statute, the executive director of the state corporation commission, with the approval of the director of the budget, may transfer funds from any special revenue fund or funds of the state corporation commission to any other special revenue fund or funds of the state corporation commission. The executive director of the state corporation commission shall certify each such transfer to the director of accounts and reports and shall transmit a copy of each such certification to the director of legislative research. (f) (1) In addition to other purposes for which expenditures may be made by the state corporation commission from the public service regulation fund for fiscal year 2012 for the state corporation commission as authorized by this or other appropriation act of the 2011 regular session of the legislature, notwithstanding the provisions of any other statute to the contrary, the state corporation commission may make expenditures from the public service regulation fund for fiscal year 2012 for expenses incurred by the Kansas electric transmission authority: Provided, That expenditures from the public service regulation fund for the expenses of the Kansas electric transmission authority for fiscal year 2012 shall not exceed $100,000. (2) In addition to other purposes for which expenditures may be made by the state corporation commission from the public service regulation fund for fiscal year 2012 for the state corporation commission as authorized by this or other appropriation act of the 2011 regular session of the legislature, notwithstanding the provisions of any other statute to the contrary, the state corporation commission may make expenditures from the public service regulation fund for fiscal year 2012 for expenses incurred by the Kansas electric transmission authority, if the total expenditures for such purpose authorized by the expenditure limitation prescribed by subsection (f)(1) of section 59 of chapter 165 of the 2010 Session Laws of Kansas for fiscal year 2011 are not expended or encumbered for fiscal year 2011, then the amount equal to the remaining amount of such unexpended or encumbered expenditure authority for fiscal year 2011 may be expended by the state corporation commission from the public service regulation fund for fiscal year 2012 for expenses incurred by the Kansas electric transmission authority and any such expenditures for fiscal year 2012 shall be in addition to any expenditure limitation imposed on the public service regulation fund for expenses incurred by the Kansas electric transmission authority for fiscal year 2012. (g) Notwithstanding the provisions of K.S.A. 66-1,142b, and amendments thereto, or any other statute, to the contrary, all moneys received
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from civil penalties related to the Kansas highway patrol civil assessment program charged and collected by the state corporation commission under the motor carrier act and other laws relevant to motor carriers shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, deposited in the state treasury and shall be credited to the state general fund. Sec. 96. CITIZENS UTILITY RATEPAYER BOARD (a) There is appropriated for the above agency from the following special revenue fund or funds for the fiscal year ending June 30, 2012, all moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures other than refunds authorized by law shall not exceed the following: Utility regulatory fee fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $824,640 (b) During the fiscal year ending June 30, 2012, in addition to other purposes for which expenditures may be made by the citizens utility ratepayer board from the utility regulatory fee fund for fiscal year 2012 for the citizens utility ratepayer board as authorized by this or other appropriation act of the 2011 regular session of the legislature or by any appropriation act of the 2012 regular session of the legislature, notwithstanding the provisions of any other statute to the contrary, if the total expenditures authorized to be expended on contracts for professional services by the citizens utility ratepayer board by the expenditure limitation prescribed by subsection (a) are not expended or encumbered for fiscal year 2011, then the amount equal to the remaining amount of such expenditure authority for fiscal year 2011 may be expended from the utility regulatory fee fund for fiscal year 2012 pursuant to contracts for professional services and any such expenditure for fiscal year 2012 shall be in addition to any expenditure limitation imposed on the utility regulatory fee fund for fiscal year 2012. (c) On and after the effective date of this act, during the fiscal years ending June 30, 2011, and June 30, 2012, no expenditures shall be made by the above agency from the utility regulatory fee fund for the review or other oversight of proposed administrative rules and regulations or any other duties pursuant to executive order no. 11-02. Sec. 97. DEPARTMENT OF ADMINISTRATION (a) There is appropriated for the above agency from the state general fund for the fiscal year ending June 30, 2012, the following: General administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $881,688 Provided, That any unencumbered balance in the general administration account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012: Provided further, That in addition to other positions within the department of administration in the unclassified service as prescribed by law, expenditures may be made from the general administration account for three employees in the unclassified service under the Kansas civil service act: And provided further, That expenditures from this account for official hospitality shall not exceed $1,000: And provided further, That in addition to the other purposes for which expenditures may be made by the above agency from the general administration account for fiscal year 2012, expenditures shall be made by the above agency from the general administration account for fiscal year 2012 for the secretary of administration, or the secretarys designee, to issue a request for proposal for a study and analysis to review the potential costs savings related to the use of private sector printing service providers in lieu of the state printer: And provided further, That such study and analysis shall investigate the feasibility of selling the assets of the state printer, including real estate and any improvements thereon: And provided further, That the secretary of administration shall present the findings of this study to the legislative budget committee on or before November 1, 2011. Department of administration systems . . . . . . . . . . . . . . . . . . $393,479 Provided, That any unencumbered balance in the department of administration systems account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012: Provided further, That expenditures from the department of administration systems account for official hospitality shall not exceed $1,000. Personnel services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,682,853 Provided, That any unencumbered balance in the personnel services account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012. Purchasing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $456,969 Provided, That any unencumbered balance in the purchasing account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012.
Budget analysis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,491,469 Provided, That any unencumbered balance in the budget analysis account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012: Provided further, That, in addition to other positions within the department of administration in the unclassified service as prescribed by law, expenditures may be made from the budget analysis account for eight employees in the unclassified service under the Kansas civil service act: And provided further, That expenditures from this account for official hospitality shall not exceed $1,000. Facilities management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $47,792 Provided, That any unencumbered balance in the facilities management account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012. Accounts and reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,701,982 Provided, That any unencumbered balance in the accounts and reports account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012. KPERS bonds debt service. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $36,142,328 Public broadcasting council grants . . . . . . . . . . . . . . . . . . . . . . . $1,484,995 Provided, That any unencumbered balance in the public broadcasting council grants account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012: Provided further, That all expenditures from the public broadcasting council grants account for capital equipment shall be made to provide matching funds for federal capital equipment grants awarded to eligible public broadcasting stations: And provided further, That expenditures from this account may be made to provide matching funds for capital equipment projects funded from any nonstate source in the event federal capital equipment grants are not awarded: And provided further, That in the event the federal facility programs cease to exist or fail to conduct grant solicitations, expenditures may be made from this account to provide matching funds for capital equipment projects funded from any nonstate source without first applying for federal capital equipment grants. Public broadcasting digital conversion debt service . . . $624,544 Long-term care ombudsman . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $249,294 Provided, That any unencumbered balance in the long-term care ombudsman account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012: Provided further, That expenditures from this account for official hospitality shall not exceed $1,000. (b) There is appropriated for the above agency from the following special revenue fund or funds for the fiscal year ending June 30, 2012, all moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures other than refunds or indirect cost recoveries authorized by law shall not exceed the following: Federal cash management fund . . . . . . . . . . . . . . . . . . . . . . . . . . No limit State leave payment reserve fund . . . . . . . . . . . . . . . . . . . . . . . . No limit Building and ground fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That expenditures may be made from the building and ground fund for operating and other expenses for the Hiram Price Dillon House. General fees fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That expenditures may be made from the general fees fund for operating expenditures for the division of personnel services, including human resources programs and official hospitality: Provided further, That the director of personnel services is hereby authorized to fix, charge and collect fees: And provided further, That fees shall be fixed in order to recover all or part of the operating expenses incurred, including official hospitality: And provided further, That all fees received, including fees received under the open records act for providing access to or furnishing copies of public records, shall be deposited in the state treasury in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, and shall be credited to the general fees fund. Human resource information systems cost recovery fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Budget fees fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That expenditures may be made from the budget fees fund for operating expenditures for the division of the budget, including training programs, special projects and official hospitality: Provided further, That the director of the budget is hereby authorized to fix, charge and collect fees for such training programs: And provided further, That fees for such training programs and special projects shall be fixed in order to recover all or part of the operating expenses incurred for such training programs and special projects, including official hospitality: And provided further, That all fees received for such training programs and special projects and all fees received by the division of the budget under the open re(continued)
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cords act for providing access to or furnishing copies of public records shall be deposited in the state treasury in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, and shall be credited to the budget fees fund. Purchasing fees fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That expenditures may be made from the purchasing fees fund for operating expenditures of the division of purchases, including training seminars and official hospitality: Provided further, That the director of purchases is hereby authorized to fix, charge and collect fees for operating expenditures incurred to reproduce and disseminate purchasing information, administer vendor applications, administer state contracts and conduct training seminars, including official hospitality: And provided further, That such fees shall be fixed in order to recover all or part of such operating expenses: And provided further, That all fees received for such operating expenses shall be deposited in the state treasury in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, and shall be credited to the purchasing fees fund. Architectural services fee fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That expenditures may be made from the architectural services fee fund for operating expenditures for distribution of architectural information: Provided further, That the director of facilities management is hereby authorized to fix, charge and collect fees for reproduction and distribution of architectural information: And provided further, That such fees shall be fixed in order to recover all or part of the operating expenses incurred for reproducing and distributing architectural information: And provided further, That all fees received for such reproduction and distribution of architectural information shall be deposited in the state treasury in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, and shall be credited to the architectural services fee fund. Budget equipment conversion fund. . . . . . . . . . . . . . . . . . . . . . No limit Conversion of materials and equipment fund . . . . . . . . . . No limit Architectural services equipment conversion fund. . . . . No limit Property contingency fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Flood control emergencyfederal fund . . . . . . . . . . . . . . . . . No limit INK special revenue fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit CJIS Byrne Grantfederal fund . . . . . . . . . . . . . . . . . . . . . . . . . . No limit FICA reimbursements medical residents fund. . . . . . . . . . No limit Information technology fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That any moneys collected from a fee increase for information services recommended by the governor shall be deposited in the state treasury in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, and shall be credited to the information technology fund. Information technology reserve fund . . . . . . . . . . . . . . . . . . . . No limit Provided, That, on July 1, 2011, or as soon thereafter as moneys are available, notwithstanding the provisions of any other statute, the director of accounts and reports shall transfer $159,180 from the information technology reserve fund of the department of administration to the state general fund: Provided further, That the transfer of such amount shall be in addition to any other transfer from the information technology reserve fund to the state general fund as prescribed by law: And provided further, That the amount transferred from the information technology reserve fund to the state general fund pursuant to this subsection is to reimburse the state general fund for accounting, auditing, budgeting, legal, payroll, personnel and purchasing services and any other governmental services which are performed on behalf of the department of administration by other state agencies which receive appropriations from the state general fund to provide such services. State buildings operating fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That expenditures may be made from the state buildings operating fund for operating and other expenses for the Hiram Price Dillon House: Provided further, That the secretary of administration is hereby authorized to fix, charge and collect fees for use of the rooms and other facilities of the Hiram Price Dillon House in accordance with policies adopted by the legislative coordinating council under K.S.A. 75-3682, and amendments thereto, for approving the use of such property: And provided further, That fees for approved use of such property shall be reasonable and directly related to the costs of such use and shall be fixed in order to recover all or part of the operating expenses incurred for such use: And provided further, That all moneys received for such fees shall be deposited in the state treasury in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, and shall be credited to the state buildings operating fund or the building and ground fund, as determined and directed by the secretary of administration: And provided further, That the secretary of administration is hereby authorized to fix,
charge and collect a real estate property leasing services fee at a reasonable rate per square foot of space leased by state agencies as approved by the secretary of administration under K.S.A. 75-3739, and amendments thereto, to recover the costs incurred by the department of administration in providing services to state agencies relating to leases of real property: And provided further, That each state agency that is party to a lease of real property that is approved by the secretary of administration under K.S.A. 75-3739, and amendments thereto, shall remit to the secretary of administration the real estate property leasing services fee upon receipt of the billing therefor: And provided further, That all moneys received for real estate property leasing services fees shall be deposited in the state treasury in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, and shall be credited to the state buildings operating fund or the building and ground fund, as determined and directed by the secretary of administration: And provided further, That the net proceeds from the sale of all or any part of the Topeka state hospital property, as defined by subsection (a) of K.S.A. 2010 Supp. 75-37,123, and amendments thereto, shall be deposited in the state treasury and credited to the state buildings operating fund or the building and ground fund, as determined and directed by the secretary of administration: And provided further, That the secretary of administration is hereby authorized to fix, charge and collect a surcharge against all state agency leased square footage in Shawnee County including both state-owned and privately-owned buildings: And provided further, That all moneys received for such surcharge shall be deposited in the state treasury in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, and shall be credited to the state buildings operating fund or the building and ground fund, as determined and directed by the secretary of administration: And provided further, That on July 1, 2011, or as soon thereafter as moneys are available, notwithstanding the provisions of any other statute, the director of accounts and reports shall transfer $931,815 from the state buildings operating fund of the department of administration to the state general fund: And provided further, That the transfer of such amount shall be in addition to any other transfer from the state buildings operating fund to the state general fund as prescribed by law: And provided further, That the amount transferred from the state buildings operating fund to the state general fund pursuant to this subsection is to reimburse the state general fund for accounting, auditing, budgeting, legal, payroll, personnel and purchasing services and any other governmental services which are performed on behalf of the department of administration by other state agencies which receive appropriations from the state general fund to provide such services. Accounting services recovery fund. . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That expenditures may be made from the accounting services recovery fund for the operating expenditures, including official hospitality, of the department of administration: Provided further, That the secretary of administration is hereby authorized to fix, charge and collect fees for services or sales provided by the department of administration which are not specifically authorized by any other statute: And provided further, That all fees received for such services or sales shall be deposited in the state treasury in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, and shall be credited to the accounting services recovery fund. Architectural services recovery fund. . . . . . . . . . . . . . . . . . . . . No limit Provided, That expenditures may be made from the architectural services recovery fund for operating expenditures for the division of facilities management: Provided further, That the director of facilities management is hereby authorized to charge and collect fees for services provided to other state agencies not directly related to the construction of a capital improvement project: And provided further, That all fees received for all such services shall be deposited in the state treasury in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, and shall be credited to the architectural services recovery fund: And provided further, That on July 1, 2011, or as soon thereafter as moneys are available, notwithstanding the provisions of any other statute, the director of accounts and reports shall transfer $51,794 from the architectural services recovery fund of the department of administration to the state general fund: And provided further, That the transfer of such amount shall be in addition to any other transfer from the architectural services recovery fund to the state general fund as prescribed by law: And provided further, That the amount transferred from the architectural services recovery fund to the state general fund pursuant to this subsection is to reimburse the state general fund for accounting, auditing, budgeting, legal, payroll, personnel and purchasing services and any other governmental services which are performed on behalf of the department of administration by other state agencies which receive appropriations from the state general fund to provide such services.
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Motor pool service fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Intragovernmental printing service fund . . . . . . . . . . . . . . . . No limit Intragovernmental printing service depreciation reserve fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Municipal accounting and training services recovery fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That expenditures may be made from the municipal accounting and training services recovery fund to provide general ledger, payroll reporting, utilities billing, data processing, and accounting services to municipalities and to provide training programs conducted for municipal government personnel, including official hospitality: Provided further, That the director of accounts and reports is hereby authorized to fix, charge and collect fees for such services and programs: And provided further, That such fees shall be fixed to cover all or part of the operating expenditures incurred in providing such services and programs, including official hospitality: And provided further, That all fees received for such services and programs, including official hospitality, shall be deposited in the state treasury in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, and shall be credited to the municipal accounting and training services recovery fund. Canceled warrants payment fund . . . . . . . . . . . . . . . . . . . . . . . . No limit State emergency fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Bid and contract deposit fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Federal withholding tax clearing fund. . . . . . . . . . . . . . . . . . . No limit Financial management system development fund . . . . . No limit Provided, That the secretary of administration may establish fees and make special assessments in order to finance the costs of developing the financial management system: Provided further, That all moneys received for such fees and special assessments shall be deposited in the state treasury in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, and shall be credited to the financial management system development fund. State gaming revenues fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Financial management system development fundon budget. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Construction defects recovery fund . . . . . . . . . . . . . . . . . . . . . . No limit Facilities conservation improvement fund . . . . . . . . . . . . . . No limit State revolving fund services fee fund . . . . . . . . . . . . . . . . . . . No limit Conversion of materials and equipmentrecycling program fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Curtis office building maintenance reserve fund . . . . . . . No limit Equipment lease purchase program administration clearing fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Suspense fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Electronic funds transfer suspense fund. . . . . . . . . . . . . . . . . No limit Surplus property program fundon budget . . . . . . . . . . . No limit Surplus property program fundoff budget . . . . . . . . . . . No limit Older Americans act long-term care ombudsman federal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Long-term care ombudsman gift and grant fund . . . . . . No limit Title XIXlong-term care ombudsman medicaid federal grant fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Wireless enhanced 911 grant fund . . . . . . . . . . . . . . . . . . . . . . . No limit Landon state office building repair expense fund . . . . . . No limit MacVicar avenue assessment expense fund. . . . . . . . . . . . . No limit Governors economic council private operations fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit (c) On July 1, 2011, the director of accounts and reports shall transfer $210,000 from the state highway fund to the state general fund for the purpose of reimbursing the state general fund for the cost of providing purchasing services to the department of transportation. (d) During the fiscal year ending June 30, 2012, the secretary of administration is hereby authorized to approve refinancing of equipment being financed by state agencies through the departments equipment financing program. Such refinancing project is hereby approved for the purposes of subsection (b) of K.S.A. 74-8905, and amendments thereto. (e) In addition to the other purposes for which expenditures may be made by the above agency from moneys appropriated in any capital improvement account of any special revenue fund or in any capital improvement account of the state general fund for the above agency for fiscal year 2012 by this or other appropriation act of the 2011 regular session of the legislature, expenditures may be made by the above agency from any such capital improvement account of any special revenue fund or any such capital improvement account of the state general fund for fiscal year 2012 for the purpose of making emergency repairs to any facility that is under the charge, care, management or control of the department of administration as provided by law: Provided, That the secretary of administration shall make a full report on such repairs and
expenditures to the director of the budget and the director of legislative research. (f) (1) On July 1, 2011, the director of accounts and reports shall record a debit to the state treasurers receivables for the childrens initiatives fund and shall record a corresponding credit to the childrens initiatives fund in an amount certified by the director of the budget, which shall be equal to 65% of the amount estimated by the director of the budget to be transferred and credited to the childrens initiatives fund during the fiscal year ending June 30, 2012, except that such amount shall be proportionally adjusted during fiscal year 2012 with respect to any change in the moneys to be transferred and credited to the childrens initiatives fund during fiscal year 2012. Among other appropriate factors, the director of the budget shall take into consideration the estimated and actual receipts and interest earnings of the Kansas endowment for youth fund for fiscal year 2011 and fiscal year 2012 in determining the amount to be certified under this subsection. All moneys transferred and credited to the childrens initiatives fund during fiscal year 2012 shall reduce the amount debited and credited to the childrens initiatives fund under this subsection. (2) On June 30, 2012, the director of accounts and reports shall adjust the amounts debited and credited to the state treasurers receivables and to the childrens initiatives fund pursuant to this subsection, to reflect all moneys actually transferred and credited to the childrens initiatives fund during fiscal year 2012. (3) The director of accounts and reports shall notify the state treasurer of all amounts debited and credited to the childrens initiatives fund pursuant to this subsection and all reductions and adjustments thereto made pursuant to this subsection. The state treasurer shall enter all such amounts debited and credited and shall make reductions and adjustments thereto on the books and records kept and maintained for the childrens initiatives fund by the state treasurer in accordance with the notice thereof. (4) The reductions and adjustments prescribed to be made by the director of accounts and reports and the state treasurer pursuant to this subsection for the childrens initiatives fund to account for moneys actually received that are to be transferred and credited to the childrens initiatives fund shall be made after the reductions and adjustments prescribed to be made by the director of accounts and reports and the state treasurer pursuant to subsection (i) for the Kansas endowment for youth fund to account for moneys actually received that are to be deposited in the state treasury and credited to the Kansas endowment for youth fund. (g) (1) On July 1, 2011, the director of accounts and reports shall record a debit to the state treasurers receivables for the state economic development initiatives fund and shall record a corresponding credit to the state economic development initiatives fund in an amount certified by the director of the budget which shall be equal to 50% of the amount estimated by the director of the budget to be transferred and credited to the state economic development initiatives fund during the fiscal year ending June 30, 2012, except that such amount shall be proportionally adjusted during fiscal year 2012 with respect to any change in the moneys to be transferred and credited to the state economic development initiatives fund during fiscal year 2012. All moneys transferred and credited to the state economic development initiatives fund during fiscal year 2012 shall reduce the amount debited and credited to the state economic development initiatives fund under this subsection. (2) On June 30, 2012, the director of accounts and reports shall adjust the amounts debited and credited to the state treasurers receivables and to the state economic development initiatives fund pursuant to this subsection, to reflect all moneys actually transferred and credited to the state economic development initiatives fund during fiscal year 2012. (3) The director of accounts and reports shall notify the state treasurer of all amounts debited and credited to the state economic development initiatives fund pursuant to this subsection and all reductions and adjustments thereto made pursuant to this subsection. The state treasurer shall enter all such amounts debited and credited and shall make reductions and adjustments thereto on the books and records kept and maintained for the state economic development initiatives fund by the state treasurer in accordance with the notice thereof. (h) (1) On July 1, 2011, the director of accounts and reports shall record a debit to the state treasurers receivables for the correctional institutions building fund and shall record a corresponding credit to the correctional institutions building fund in an amount certified by the director of the budget which shall be equal to 80% of the amount estimated by the director of the budget to be transferred and credited to the correctional institutions building fund during the fiscal year ending June 30, 2012, except that such amount shall be proportionally adjusted during fiscal year 2012 with respect to any change in the moneys to be (continued)
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transferred and credited to the correctional institutions building fund during fiscal year 2012. All moneys transferred and credited to the correctional institutions building fund during fiscal year 2012 shall reduce the amount debited and credited to the correctional institutions building fund under this subsection. (2) On June 30, 2012, the director of accounts and reports shall adjust the amounts debited and credited to the state treasurers receivables and to the correctional institutions building fund pursuant to this subsection, to reflect all moneys actually transferred and credited to the correctional institutions building fund during fiscal year 2012. (3) The director of accounts and reports shall notify the state treasurer of all amounts debited and credited to the correctional institutions building fund pursuant to this subsection and all reductions and adjustments thereto made pursuant to this subsection. The state treasurer shall enter all such amounts debited and credited and shall make reductions and adjustments thereto on the books and records kept and maintained for the correctional institutions building fund by the state treasurer in accordance with the notice thereof. (i) (1) On July 1, 2011, the director of accounts and reports shall record a debit to the state treasurers receivables for the Kansas endowment for youth fund and shall record a corresponding credit to the Kansas endowment for youth fund in an amount certified by the director of the budget which shall be equal to 80% of the amount approved for expenditure by the childrens cabinet during the fiscal year ending June 30, 2012, as certified by the director of the budget. All moneys received and credited to the Kansas endowment for youth fund during fiscal year 2012 shall reduce the amount debited and credited to the Kansas endowment for youth fund under this subsection. (2) On June 30, 2012, the director of accounts and reports shall adjust the amounts debited and credited to the state treasurers receivables and to the Kansas endowment for youth fund pursuant to this subsection, to reflect all moneys actually transferred and credited to the Kansas endowment for youth fund during fiscal year 2012. (3) The director of accounts and reports shall notify the state treasurer of all amounts debited and credited to the Kansas endowment for youth fund pursuant to this subsection and all reductions and adjustments thereto made pursuant to this subsection. The state treasurer shall enter all such amounts debited and credited and shall make reductions and adjustments thereto on the books and records kept and maintained for the Kansas endowment for youth fund by the state treasurer in accordance with the notice thereof. (4) The reductions and adjustments prescribed to be made by the director of accounts and reports and the state treasurer pursuant to this subsection for the Kansas endowment for youth fund to account for moneys actually received that are to be deposited in the state treasury and credited to the Kansas endowment for youth fund shall be made before the reductions and adjustments prescribed to be made by the director of accounts and reports and the state treasurer pursuant to subsection (f) for the childrens initiatives fund to account for moneys actually received that are to be transferred and credited to the childrens initiatives fund. (j) During the fiscal year ending June 30, 2012, the secretary of administration, with the approval of the director of the budget, may transfer any part of any item of appropriation for the fiscal year ending June 30, 2012, from the state general fund for the department of administration to another item of appropriation for fiscal year 2012 from the state general fund for the department of administration. The secretary of administration shall certify each such transfer to the director of accounts and reports and shall transmit a copy of each such certification to the director of legislative research. (k) There is appropriated for the above agency from the state institutions building fund for the fiscal year ending June 30, 2012, the following: SIBFstate building insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . $110,000 Provided, That, notwithstanding the provisions of K.S.A. 76-6b05, and amendments thereto, expenditures may be made by the above agency from the SIBFstate building insurance account of the state institutions building fund for state building insurance premiums. (l) There is appropriated for the above agency from the correctional institutions building fund for the fiscal year ending June 30, 2012, the following: CIBFstate building insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . $100,000 Provided, That, notwithstanding the provisions of K.S.A. 76-6b09, and amendments thereto, expenditures may be made by the above agency from the CIBFstate building insurance account of the correctional institutions building fund for state building insurance premiums. (m) On July 1, 2011, or as soon thereafter as moneys are available during the fiscal year ending June 30, 2012, the director of accounts and
reports shall transfer an amount or amounts from the appropriate federal fund or funds of the department on aging to the older Americans act long-term care ombudsman federal fund of the department of administration: Provided, That the aggregate of such amount or amounts transferred during fiscal year 2012 shall be equal to and shall not exceed the older Americans act Title VII: ombudsman award and 4.38% of the Kansas older Americans act Title III: part B supportive services award. (n) (1) On July 1, 2011, notwithstanding the provisions of any other statute, the director of accounts and reports shall record a debit to the state treasurers receivables for the state general fund and shall record a corresponding credit to the state general fund in the net amount equal to $32,689,900 minus the amount credited and debited on or before June 30, 2011, pursuant to section 61(n)(9)(D) of chapter 165 of the 2010 Session Laws of Kansas, to finance the cost of the 27th payroll chargeable to the fiscal year ending June 30, 2006, for state agencies. (2) On or before September 1, 2011, the director of accounts and reports shall adjust the amounts debited and credited to the state treasurers receivables and to the state general fund pursuant to this subsection (n), to reflect all moneys actually transferred and credited to the state general fund during fiscal year 2012. (3) (A) (i) Prior to August 15, 2011, the director of the budget shall determine and certify to the director of accounts and reports the amount reappropriated in each account of the state general fund of a state agency, other than any regents agency, from the state general fund that has a specific expenditure limitation prescribed for fiscal year 2012 and that is in excess of the amount authorized under the approved budget of expenditures to be expended from such reappropriated amount for fiscal year 2012. (ii) On or before June 30, 2012, the director of the budget shall determine and certify to the director of accounts and reports the amount reappropriated in each account of the state general fund of a state agency, other than any regents agency, from the state general fund that has no specific expenditure limitation prescribed for the fiscal year, that is in excess of the amount estimated under the approved budget of expenditures to be expended from such reappropriated amount for fiscal year 2012, and that is determined by the director of the budget not to be needed for the purpose for which such amount was originally budgeted, including, but not limited to, actual or projected cost savings as a result of completed, canceled or modified projects, programs or operations. (iii) As used in paragraphs (i) and (ii) of this subsection (n)(3)(A), specific expenditure limitation prescribed for the fiscal year includes any case in which no expenditures may be made from such reappropriated balance except upon approval by the state finance council. (B) Prior to August 15, 2011, the director of the budget shall determine and certify to the director of accounts and reports the aggregate of all unanticipated lapses of moneys which were appropriated or reappropriated from the state general fund for fiscal year 2011 and which were not reappropriated for fiscal year 2012, as determined by the director of the budget: Provided, That, as used in this subsection (n)(3)(B), unanticipated lapses of moneys shall not include any amount lapsed from the state general fund pursuant to explicit language in an appropriation act of the 2011 regular session of the legislature or any amount lapsed from the state general fund for which specific reappropriation language was deliberately not included in any appropriation act of the 2011 regular session of the legislature. (C) Prior to August 15, 2011, the director of the budget shall determine and certify to the director of accounts and reports the aggregate of all amounts of unencumbered balances in accounts of the state general fund that were first encumbered during a fiscal year commencing prior to July 1, 2010, that were released during fiscal year 2011, and that were not specifically reappropriated by an appropriation act of the 2011 regular session of the legislature. (4) (A) On August 15, 2011, in accordance with the certification by the director of the budget that is submitted to the director of accounts and reports under subsection (n)(3)(A)(i), the appropriation for fiscal year 2012 for each account of the state general fund that is appropriated or reappropriated for the fiscal year ending June 30, 2012, by this or other appropriation act of the 2011 regular session of the legislature is hereby respectively lapsed by the amount equal to the amount certified under subsection (n)(3)(A)(i). (B) On June 30, 2012, in accordance with the certification by the director of the budget that is submitted to the director of accounts and reports under subsection (n)(3)(A)(ii), the appropriation for fiscal year 2012 for each account of the state general fund that is appropriated or reappropriated for the fiscal year ending June 30, 2012, by this or other appropriation act of the 2011 regular session of the legislature is hereby respectively lapsed by the amount equal to the amount certified under subsection (n)(3)(A)(ii).
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(5) At the same time as the director of the budget transmits each certification to the director of accounts and reports pursuant to subsection (n)(3), the director of the budget shall transmit a copy of such certification to the director of legislative research. (6) (A) Prior to August 15, 2011, the state board of regents shall determine and certify to the director of the budget each of the specific amounts from the amounts appropriated from the state general fund or from the moneys appropriated and available in the special revenue funds for each of the regents agencies to be transferred to and debited to the 27th payroll adjustment account of the state general fund by the director of accounts and reports pursuant to this subsection (n): Provided, That the aggregate of all such amounts certified to the director of the budget shall be an amount that is equal to or more than $1,184,054. The certification by the state board of regents shall specify the amount in each account of the state general fund or in each special revenue fund, or account thereof, that is designated by the state board of regents pursuant to this subsection for each of the regents agencies to be transferred to and debited to the 27th payroll adjustment account in the state general fund by the director of accounts and reports pursuant to this subsection (n). At the same time as such certification is transmitted to the director of the budget, the state board of regents shall transmit a copy of such certification to the director of legislative research. (B) The director of the budget shall review each such certification from the state board of regents and shall certify a copy of each such certification from the state board of regents to the director of accounts and reports. At the same time as such certification is transmitted to the director of accounts and reports, the director of the budget shall transmit a copy of each such certification to the director of legislative research. (C) On August 15, 2011, in accordance with the certification by the director of the budget that is submitted to the director of accounts and reports under this subsection (n)(6), the appropriation for fiscal year 2012 for each account of the state general fund, state economic development initiatives fund, state water plan fund and childrens initiatives fund that is appropriated or reappropriated for the fiscal year ending June 30, 2012, by this or other appropriation act of the 2011 regular session of the legislature is hereby respectively lapsed by the amount equal to the amount certified under this subsection (n)(6). (7) In determining the amounts to be certified to the director of accounts and reports in accordance with this subsection (n), the director of the budget and the state board of regents shall consider any changed circumstances and unanticipated reductions in expenditures or unanticipated and required expenditures by the state agencies for fiscal year 2012. (8) (A) On or before September 1, 2011, after receipt of each certification by the director of the budget pursuant to this subsection (n), the director of accounts and reports shall transfer and debit to the 27th payroll adjustment account of the state general fund, which is hereby established in the state general fund, by an amount equal to the aggregate of the amounts certified by the director of the budget pursuant to subsection (n)(3) and subsection (n)(6) in accordance with such certifications. (B) On September 1, 2011, the director of accounts and reports shall transfer the balance of the 27th payroll adjustment account of the state general fund to the master account of the state general fund: Provided, however, That the amount transferred shall not exceed the amount of the then outstanding balance of the state treasurers receivables for the state general fund. (C) On September 1, 2011, the director of accounts and reports shall adjust the amounts debited and credited to the state treasurers receivables and to the 27th payroll adjustment account of the state general fund pursuant to this subsection (n), to reflect all moneys actually transferred and credited to the 27th payroll adjustment account of the state general fund pursuant to this subsection (n) during fiscal year 2012. (D) On or before June 30, 2012, after receipt of each certification by the director of the budget pursuant to subsection (n)(3)(A)(ii), the director of accounts and reports shall transfer and debit to the 27th payroll adjustment account of the state general fund, which is hereby established in the state general fund, an amount equal to the aggregate of the amounts certified by the director of the budget pursuant to subsection (n)(3)(A)(ii) in accordance with such certifications. (E) On June 30, 2012, the director of accounts and reports shall transfer the balance of the 27th payroll adjustment account of the state general fund to the master account of the state general fund: Provided, however, That the amount transferred shall not exceed the amount of the then outstanding balance of the state treasurers receivables for the state general fund. (F) On June 30, 2012, the director of accounts and reports shall adjust the amounts debited and credited to the state treasurers receivables and to the 27th payroll adjustment account of the state general fund pur-
suant to this subsection (n), to reflect all moneys actually transferred and credited to the 27th payroll adjustment account of the state general fund pursuant to this subsection (n) during fiscal year 2012. (G) On June 30, 2012, the director of accounts and reports shall record a credit to the state treasurers receivables for the state general fund and shall record a corresponding debit to the state general fund in the amount of the outstanding receivable created to finance the cost of the 27th payroll chargeable to the fiscal year ending June 30, 2006. (H) The director of accounts and reports shall notify the state treasurer of all amounts debited and credited to the 27th payroll adjustment account of the state general fund pursuant to this subsection (n) and all reductions and adjustments thereto made pursuant to this subsection (n). The state treasurer shall enter all such amounts debited and credited and shall make reductions and adjustments thereto on the books and records kept and maintained for the state general fund by the state treasurer in accordance with the notice thereof. (9) As used in this subsection (n), regents agency means the state board of regents, Fort Hays state university, Kansas state university, Kansas state university extension systems and agriculture research programs, Kansas state university veterinary medical center, Emporia state university, Pittsburg state university, university of Kansas, university of Kansas medical center, and Wichita state university. (10) The provisions of this subsection (n) shall not apply to: (A) The health care stabilization fund of the health care stabilization fund board of governors; (B) any money held in trust in a trust fund or held in trust in any other special revenue fund of any state agency; (C) any moneys received from any agency or authority of the federal government or from any other federal source, other than any such federal moneys that are credited to or may be received and credited to special revenue funds of a regents agency and that are determined by the state board of regents to be federal moneys that may be transferred to and debited to the 27th payroll adjustment account of the state general fund by the director of accounts and reports pursuant to this subsection (n); (D) any account of the Kansas educational building fund or the state institutions building fund; or (E) any fund in the state treasury, as determined by the director of the budget, that would experience financial or administrative difficulties as a result of executing the provisions of this subsection (n), including, but not limited to, cash-flow problems, the inability to meet ordinary expenditure obligations, or any conflicts with prevailing contracts, compacts or other provisions of law. (11) Each amount transferred from any special revenue fund of any state agency, including any regents agency, to the state general fund pursuant to this subsection (n), is transferred to reimburse the state general fund for accounting, auditing, budgeting, legal, payroll, personnel and purchasing services and any other governmental services which are performed on behalf of the state agency involved by other state agencies which receive appropriations from the state general fund to provide such services. (12) On or after July 1, 2011, notwithstanding the provisions of K.S.A. 75-4209, and amendments thereto, or any other statute, upon specific authorization in an appropriation act of the legislature, the pooled money investment board is authorized and directed to loan an amount of not more than $6,000,000 to the state general fund to provide financing for any additional amounts required above the moneys otherwise provided by law to repay amounts provided by law to finance the cost of the 27th payroll chargeable to the fiscal year 2006 and to provide for an adequate reserve in the 27th payroll adjustment account. The pooled money investment board is authorized and directed to use any moneys in the operating accounts, investment accounts or other investments of the state of Kansas to provide the funds for such loan. Such loan shall not bear interest and shall not be deemed to be an indebtedness or debt of the state of Kansas within the meaning of section 6 of article 11 of the constitution of the state of Kansas. Any such loan shall be repaid from the state general fund and any appropriate special revenue funds in the state treasury. (o) During the fiscal year ending June 30, 2012, in addition to the other purposes for which expenditures may be made by the above agency from moneys appropriated from the state general fund or any special revenue fund for the above agency for fiscal year 2012 by this or other appropriation act of the 2011 regular session of the legislature, expenditures may be made by the above agency from the state general fund or from any special revenue fund for fiscal year 2012, for the secretary of administration to fix, charge and collect fees for architectural, engineering and management services provided for capital improvement projects of the state board of regents or any state educational in(continued)
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stitution, as defined by K.S.A. 76-711, and amendments thereto, for which the department of administration provides such services and which are financed in whole or in part by gifts, bequests or donations made by one or more private individuals or other private entities: Provided, That such fees for such services are hereby authorized to be fixed, charged and collected in accordance with the provisions of K.S.A. 751269, and amendments thereto, notwithstanding any provisions of K.S.A. 75-1269, and amendments thereto, to the contrary: Provided further, That all such fees received shall be deposited in the state treasury in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, and shall be credited to the architectural services recovery fund. (p) During the fiscal year ending June 30, 2012, notwithstanding the provisions of any statute or any rules and regulations to the contrary, in addition to the other purposes for which expenditures may be made by the above agency from moneys appropriated from the state general fund or any special revenue fund for the above agency for fiscal year 2012 as authorized by this or other appropriation act of the 2011 regular session of the legislature, expenditures shall be made by the above agency from the state general fund or from any special revenue fund for fiscal year 2012, for the secretary of administration to provide parking for state employees on state-owned parking lots located within the state capitol area, as defined by subsection (c) of K.S.A. 75-2240a, and amendments thereto, without charge or cost to such employees for such parking: Provided, That this subsection shall not apply to parking garages or other parking structures in such state capitol area or to any state-owned parking lots for which revenues have been pledged to repay bonds issued for the construction of any of such parking garages, structures or lots: Provided further, That the secretary of administration shall continue otherwise to administer access to state-owned parking lots in accordance with policies and procedures adopted as provided by law, including use of hang tags and waiting lists for specific parking lots, in order to ensure orderly parking procedures: And provided further, That the secretary of administration shall make expenditures from moneys appropriated from the state buildings operating fund or any other special revenue funds for the purpose of maintaining the state-owned parking lots. (q) There is appropriated for the above agency from the state economic development initiatives fund for the fiscal year ending June 30, 2012, the following: Governors economic council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $197,614 (r) (1) In addition to the other purposes for which expenditures may be made by the department of administration from moneys appropriated from the state general fund or any special revenue fund for fiscal year 2011 for the department of administration, as authorized by chapter 6 or chapter 165 of the 2010 Session Laws of Kansas or by this or other appropriation act of the 2011 regular session of the legislature, expenditures shall be made by the secretary of administration for fiscal year 2011 to review the state real property inventory prepared pursuant to section 61(r) of chapter 165 of the 2010 Session Laws of Kansas, evaluate the state real property, and prepare from such inventory and other information a prioritized report of 10% of state real property that could be sold, subject to existing restrictions: Provided, That, on or before September 1, 2011, the secretary of administration shall provide a copy of such prioritized report to the governor, the chief clerk of the house of representatives, the secretary of the senate, and the chairs of the committee on appropriations of the house of representatives and the committee on ways and means of the senate. (2) As used in this subsection, state real property includes each tract of real property owned by the state of Kansas, or any state agency, as defined by K.S.A. 75-3701, and amendments thereto, and includes all buildings, facilities and other improvements thereon. (s) On July 1, 2011, the Kansas, Inc., private operations fund of the department of administration is hereby redesignated as the governors economic council private operations fund of the department of administration. (t) There is appropriated for the above agency from the following special revenue fund or funds for the fiscal year or years specified all moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures other than refunds authorized by law shall not exceed the following: Bioscience development fund For the fiscal year ending June 30, 2011. . . . . . . . . . . . . . . No limit For the fiscal year ending June 30, 2012. . . . . . . . . . . . . . . No limit Sec. 98. OFFICE OF ADMINISTRATIVE HEARINGS (a) There is appropriated for the above agency from the following special revenue fund or funds for the fiscal year ending June 30, 2012, all moneys now or hereafter lawfully credited to and available in such
fund or funds, except that expenditures other than refunds authorized by law shall not exceed the following: Administrative hearings office fund . . . . . . . . . . . . . . . . . . . . . No limit Provided, That expenditures from the administrative hearings office fund for official hospitality shall not exceed $100. Sec. 99. STATE COURT OF TAX APPEALS (a) There is appropriated for the above agency from the state general fund for the fiscal year ending June 30, 2012, the following: Operating expenditures. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $964,388 Provided, That any unencumbered balance in the operating expenditures account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012. (b) There is appropriated for the above agency from the following special revenue fund or funds for the fiscal year ending June 30, 2012, all moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures other than refunds authorized by law shall not exceed the following: Duplicating fees fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $4,964 COTA filing fee fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,333,050 (c) In addition to the other purposes for which expenditures may be made by the state court of tax appeals, from moneys appropriated from the state general fund or from any special revenue fund or funds for fiscal year 2012 by this or other appropriation act of the 2011 regular session of the legislature, expenditures may be made by the state court of tax appeals from the state general fund or from any special revenue fund or funds for fiscal year 2012 for the purpose of studying the necessary statutory changes needed to raise filing fees. The court shall report the findings of the study to the senate committee on ways and means and the house of representatives committee on appropriations on or before December 1, 2011. Sec. 100. DEPARTMENT OF REVENUE (a) There is appropriated for the above agency from the state general fund for the fiscal year ending June 30, 2012, the following: Operating expenditures. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $16,115,669 Provided, That any unencumbered balance in the operating expenditures account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012: Provided, however, That expenditures from this account for official hospitality shall not exceed $1,500. (b) There is appropriated for the above agency from the following special revenue fund or funds for the fiscal year ending June 30, 2012, all moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures other than refunds authorized by law shall not exceed the following: Sand royalty fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Division of vehicles operating fund . . . . . . . . . . . . . . . . . . . . . . $46,589,987 Provided, That all receipts collected under authority of K.S.A. 74-2012, and amendments thereto, shall be credited to the division of vehicles operating fund: Provided further, That any expenditure from the division of vehicles operating fund of the department of revenue to reimburse the audit services fund of the division of post audit for a financialcompliance audit in an amount certified by the legislative post auditor shall be in addition to any expenditure limitation imposed on the division of vehicles operating fund for the fiscal year ending June 30, 2012: And provided further, That, notwithstanding the provisions of K.S.A. 68416, and amendments thereto, or of any other statute, expenditures may be made from this fund for the administration and operation of the department of revenue. Vehicle dealers and manufacturers fee fund . . . . . . . . . . . . No limit Kansas qualified agricultural ethyl alcohol producer incentive fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Kansas qualified biodiesel fuel producer incentive fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Division of vehicles modernization fund . . . . . . . . . . . . . . . . No limit Kansas retail dealer incentive fund. . . . . . . . . . . . . . . . . . . . . . . No limit Local report fee fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Military retirees income tax refund fund . . . . . . . . . . . . . . . . No limit Conversion of materials and equipment fund . . . . . . . . . . No limit Forfeited property fee fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Setoff services revenue fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Publications fee fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit State bingo regulation fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Child support enforcement contractual agreement fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit
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County treasurers vehicle licensing fee fund. . . . . . . . . . . No limit Tax amnesty recovery fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Reappraisal reimbursement fund. . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That all moneys received for the costs incurred for conducting appraisals for any county shall be deposited in the state treasury and credited to the reappraisal reimbursement fund: Provided further, That expenditures may be made from this fund for the purpose of conducting appraisals pursuant to orders of the court of tax appeals under K.S.A. 79-1479, and amendments thereto. Special training fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That expenditures may be made from the special training fund for operating expenditures, including official hospitality, incurred for conferences, training seminars, workshops and examinations: Provided further, That the secretary of revenue is hereby authorized to fix, charge and collect fees for conferences, training seminars, workshops and examinations sponsored or cosponsored by the department of revenue: And provided further, That such fees shall be fixed in order to recover all or part of the operating expenditures incurred for such conferences, training seminars, workshops and examinations or for qualifying applicants for such conferences, training seminars, workshops and examinations: And provided further, That all fees received for conferences, training seminars, workshops and examinations shall be deposited in the state treasury in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, and shall be credited to the special training fund. Recovery fund for enforcement actions and attorney fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Federal commercial motor vehicle safety fund . . . . . . . . . No limit State homeland security program federal fund. . . . . . . . . No limit Earned income tax creditsTANFfederal fund. . . . . . No limit Central stores fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That expenditures may be made from the central stores fund to operate and maintain a central stores activity to sell supplies to other state agencies: Provided further, That all moneys received for such supplies shall be deposited in the state treasury in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, and shall be credited to the central stores fund. Performance/registration information systems management federal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Commercial vehicle information systems/network federal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Temporary assistanceneedy families federal fund . . . No limit Highway planning construction federal fund. . . . . . . . . . . No limit Immigration MOU federal fund . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Commercial drivers licensing state program federal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Real ID program federal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Microfilming fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That expenditures may be made from the microfilming fund to operate and maintain a microfilming activity to sell microfilming services to other state agencies: Provided further, That all moneys received for such services shall be deposited in the state treasury in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, and shall be credited to the microfilming fund. Miscellaneous trust bonds fund . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Liquor excise tax guarantee bond fund . . . . . . . . . . . . . . . . . . No limit Non-resident contractors cash bond fund . . . . . . . . . . . . . . . No limit Bond guaranty fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Interstate motor fuel user cash bond fund . . . . . . . . . . . . . . No limit Motor fuel distributor cash bond fund . . . . . . . . . . . . . . . . . . No limit Special county mineral production tax fund . . . . . . . . . . . . No limit County drug tax fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Escheat proceeds suspense fund. . . . . . . . . . . . . . . . . . . . . . . . . . No limit Privilege tax refund fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Suspense fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Cigarette tax refund fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Motor-vehicle fuel tax refund fund . . . . . . . . . . . . . . . . . . . . . . No limit Cereal malt beverage tax refund fund . . . . . . . . . . . . . . . . . . . No limit Income tax refund fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Sales tax refund fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Compensating tax refund fund . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Alcoholic liquor tax refund fund . . . . . . . . . . . . . . . . . . . . . . . . . No limit Cigarette/tobacco products regulation fund. . . . . . . . . . . . . No limit Motor carrier tax refund fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Car company tax fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Protested motor carrier taxes fund . . . . . . . . . . . . . . . . . . . . . . . No limit Tobacco products refund fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit
Transient guest tax refund fund established by K.S.A. 12-1694a. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Interstate motor fuel taxes clearing fund . . . . . . . . . . . . . . . . No limit Bingo refund fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Transient guest tax refund fund established by K.S.A. 12-16,100 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Interstate motor fuel taxes refund fund . . . . . . . . . . . . . . . . . No limit Interfund clearing fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Local alcoholic liquor clearing fund. . . . . . . . . . . . . . . . . . . . . . No limit International registration plan distribution clearing fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Rental motor vehicle excise tax refund fund . . . . . . . . . . . . No limit International fuel tax agreement clearing fund . . . . . . . . . No limit Mineral production tax refund fund . . . . . . . . . . . . . . . . . . . . . No limit Special fuels tax refund fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit LP-gas motor fuels refund fund . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Local alcoholic liquor refund fund . . . . . . . . . . . . . . . . . . . . . . . No limit Sales tax clearing fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Rental motor vehicle excise tax clearing fund . . . . . . . . . . No limit VIPS/CAMA technology hardware fund . . . . . . . . . . . . . . . . No limit Provided, That, notwithstanding the provisions of K.S.A. 74-2021, and amendments thereto, or of any other statute, expenditures may be made from the VIPS/CAMA technology hardware fund for the purposes of upgrading the VIPS/CAMA computer hardware and software for the state or for the counties and for administration and operation of the department of revenue. County and city retailers sales tax clearing fund county and city sales tax. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit City and county compensating use tax clearing fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit County and city transient guest tax clearing fund . . . . . No limit Automated tax systems fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Dyed diesel fuel fee fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Electronic databases fee fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That, notwithstanding the provisions of K.S.A. 74-2022, and amendments thereto, or of any other statute, expenditures may be made from electronic databases fee fund for the purposes of operating expenditures, including expenditures for capital outlay; of operating, maintaining or improving the vehicle information processing system (VIPS), the Kansas computer assisted mass appraisal system (CAMA) and other electronic database systems of the department of revenue, including the costs incurred to provide access to or to furnish copies of public records in such database systems and for the administration and operation of the department of revenue. Photo fee fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That, notwithstanding the provisions of K.S.A. 2010 Supp. 8299, and amendments thereto, or any other statute, expenditures may be made from the photo fee fund for administration and operation of the driver license program and related support operations in the division of administration of the department of revenue, including costs of administering the provisions of K.S.A. 8-240, 8-243, 8-267, 8-1324 and 81325, and amendments thereto, relating to drivers licenses, instruction permits and identification cards. Estate tax abatement refund fund . . . . . . . . . . . . . . . . . . . . . . . . No limit Distinctive license plate fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Repossessed certificates of title fee fund. . . . . . . . . . . . . . . . . No limit Hazmat fee fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Intra-governmental service fund . . . . . . . . . . . . . . . . . . . . . . . . . No limit Community improvement district sales tax administration fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Community improvement district sales tax refund fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Community improvement district sales tax clearing fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Drivers license first responders indicator federal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit (c) On July 1, 2011, October 1, 2011, January 1, 2012, and April 1, 2012, the director of accounts and reports shall transfer $11,376,597 from the state highway fund of the department of transportation to the division of vehicles operating fund of the department of revenue for the purpose of financing the cost of operation and general expense of the division of vehicles and related operations of the department of revenue. (d) On August 1, 2011, the director of accounts and reports shall transfer $77,250 from the accounting services recovery fund of the department of administration to the setoff services revenue fund of the (continued)
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department of revenue for reimbursing costs of recovering amounts owed state agencies under K.S.A. 75-6201 et seq., and amendments thereto. (e) On August 1, 2011, the director of accounts and reports shall transfer $20,400 from the social welfare fund and $39,600 from the federal child support enforcement fund of the department of social and rehabilitation services to the child support enforcement contractual agreement fund of the department of revenue to reimburse costs of administrative expenses of child support enforcement activities under the agreement. Sec. 101. KANSAS LOTTERY (a) There is appropriated for the above agency from the following special revenue fund or funds for the fiscal year ending June 30, 2012, all moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures other than refunds authorized by law shall not exceed the following: Lottery prize payment fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Lottery operating fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That expenditures from the lottery operating fund for official hospitality shall not exceed $5,000. Expanded lottery receipts fund . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Lottery gaming facility manager fund . . . . . . . . . . . . . . . . . . . No limit Expanded lottery act revenues fund . . . . . . . . . . . . . . . . . . . . . $0 (b) Notwithstanding the provisions of K.S.A. 74-8711, and amendments thereto, and subject to the provisions of this subsection, an amount of not less than $4,500,000 shall be certified by the executive director of the Kansas lottery to the director of accounts and reports on or before July 15, 2011, and on or before the 15th of each month thereafter through June 15, 2012: Provided, That, upon receipt of each such certification, the director of accounts and reports shall transfer the amount certified from the lottery operating fund to the state gaming revenues fund and shall credit such amount to the state gaming revenues fund for the fiscal year ending June 30, 2012: Provided, however, That, after the date that an amount of $54,000,000 has been transferred from the lottery operating fund to the state gaming revenues fund for fiscal year 2012 pursuant to this subsection, the executive director of the Kansas lottery shall continue to certify amounts to the director of accounts and reports on or before the 15th of each month through June 15, 2012, except that the amounts certified after such date shall not be subject to the minimum amount of $4,500,000: Provided further, That the amounts certified by the executive director of the Kansas lottery to the director of accounts and reports, after the date an amount of $54,000,000 has been transferred from the lottery operating fund to the state gaming revenues fund for fiscal year 2012 pursuant to this subsection, shall be determined by the executive director so that an aggregate of all amounts certified pursuant to this subsection for fiscal year 2012 is equal to or more than $70,800,000: And provided further, That the aggregate of all amounts transferred from the lottery operating fund to the state gaming revenues fund for fiscal year 2012 pursuant to this subsection shall be equal to or more than $70,800,000: And provided further, That the transfers prescribed by this subsection shall be made in lieu of transfers under subsection (d) of K.S.A. 74-8711, and amendments thereto, for fiscal year 2012. (c) Notwithstanding the provisions of K.S.A. 79-4801, and amendments thereto, or any other statute and in addition to the requirements of subsection (b) of this section, on or after June 15, 2012, upon certification by the executive director of the lottery, the director of accounts and reports shall transfer from the lottery operating fund to the state gaming revenues fund the amount of total profit attributed to the special veterans benefits game under K.S.A. 2010 Supp. 74-8724, and amendments thereto, during fiscal year 2012: Provided, That the director of accounts and reports shall transfer immediately thereafter such amount of total profit attributed to the special veterans benefits game from the state gaming revenues fund to the state general fund: Provided further, That, on or before June 25, 2012, the executive director of the lottery shall certify to the director of accounts and reports the amount equal to the amount of total profit attributed to the special veterans benefits game under K.S.A. 2010 Supp. 74-8724, and amendments thereto, during fiscal year 2012: And provided further, That, at the same time as such certification is transmitted to the director of accounts and reports, the executive director of the lottery shall transmit a copy of such certification to the director of the budget and the director of legislative research. (d) In addition to the purposes for which expenditures of moneys in the lottery operating fund may be made, as authorized by provisions of K.S.A. 74-8711, and amendments thereto, moneys in the lottery operating fund may be used for payment of all costs incurred in the op-
eration and administration of the Kansas lottery, the Kansas lottery act, and the Kansas expanded lottery act. (e) During the fiscal year ending June 30, 2012, notwithstanding the provisions of K.S.A. 74-8768, and amendments thereto, or any other statute, the director of accounts and reports shall transfer all moneys that are credited to the expanded lottery act revenues fund from the expanded lottery act revenues fund to the state general fund within 10 days after such moneys are credited to the expanded lottery act revenues fund: Provided, That the transfer of such amounts shall be in addition to any other transfer from the expanded lottery act revenues fund to the state general fund as prescribed by law: Provided further, That the moneys transferred from the expanded lottery act revenues fund to the state general fund pursuant to this subsection is to reimburse the state general fund for accounting, auditing, budgeting, legal, payroll, personnel and purchasing services and any other governmental services which are performed on behalf of the department of revenue, and other state agencies, by other state agencies which receive appropriations from the state general fund to provide such services. Sec. 102. KANSAS RACING AND GAMING COMMISSION (a) There is appropriated for the above agency from the following special revenue fund or funds for the fiscal year ending June 30, 2012, all moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures other than refunds authorized by law shall not exceed the following: State racing fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That expenditures from the state racing fund for official hospitality shall not exceed $2,500. Racing reimbursable expense fund. . . . . . . . . . . . . . . . . . . . . . . No limit Racing applicant deposit fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Kansas horse breeding development fund . . . . . . . . . . . . . . No limit Kansas greyhound breeding development fund. . . . . . . . No limit Provided, That notwithstanding K.S.A. 74-8831, and amendments thereto, all moneys transferred into this fund pursuant to subsection (b) of K.S.A. 2010 Supp. 74-8767, and amendments thereto, shall be deposited to a separate account established for the purpose described herein and moneys in this account shall be expended only to supplement special stake races and to enhance the amount per point paid to owners of Kansas-whelped greyhounds which win live races at Kansas greyhound tracks and pursuant to rules and regulations adopted by the Kansas racing and gaming commission: Provided further, That transfers from this account to the live greyhound racing purse supplement fund may be made in accordance with subsection (b) of K.S.A. 2010 Supp. 74-8767, and amendments thereto. Racing investigative expense fund . . . . . . . . . . . . . . . . . . . . . . . No limit Horse fair racing benefit fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Tribal gaming fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That expenditures from the tribal gaming fund for the fiscal year ending June 30, 2012, for official hospitality shall not exceed $1,500. Expanded lottery regulation fund . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That expenditures from the expanded lottery regulation fund for the fiscal year ending June 30, 2012, for official hospitality shall not exceed $2,500. Live horse racing purse supplement fund. . . . . . . . . . . . . . . No limit Live greyhound racing purse supplement fund . . . . . . . . No limit Greyhound promotion and development fund . . . . . . . . . No limit Gaming background investigation fund . . . . . . . . . . . . . . . . . No limit Education and training fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That expenditures may be made from the education and training fund for operating expenditures, including official hospitality, incurred for hosting or providing training, in-service workshops and conferences: Provided further, That the Kansas racing and gaming commission is hereby authorized to fix, charge and collect fees for hosting or providing training, in-service workshops and conferences: And provided further, That such fees shall be fixed in order to recover all or part of the operating expenditures incurred for hosting or providing such training, in-service workshops and conferences: And provided further, That all fees received for hosting or providing such training, inservice workshops and conferences shall be deposited in the state treasury in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, and shall be credited to the education and training fund. Illegal gambling enforcement fund. . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That expenditures may be made from the illegal gambling enforcement fund for direct or indirect operating expenditures incurred for investigatory activities, including, but not limited to, (1) conducting
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investigations of illegal gambling operations or activities, (2) participating in illegal gaming in order to collect or purchase evidence as part of an undercover investigation into illegal gambling operations, and (3) acquiring information or making contacts leading to illegal gaming activities: Provided, however, That all moneys which are expended for any such evidence purchase, information acquisition or similar investigatory purpose or activity from whatever funding source and which are recovered shall be deposited in the state treasury in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, and shall be credited to the illegal gambling enforcement fund: Provided further, That any moneys received or awarded to the Kansas racing and gaming commission for such enforcement activities shall be deposited in the state treasury in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, and shall be credited to the illegal gambling enforcement fund. (b) On July 1, 2011, the director of accounts and reports shall transfer $450,000 from the state general fund to the tribal gaming fund of the Kansas racing and gaming commission. (c) During the fiscal year ending June 30, 2012, the director of accounts and reports shall transfer one or more amounts certified by the executive director of the state gaming agency from the tribal gaming fund to the state general fund: Provided, That all such transfers shall be for the purpose of reimbursing the state general fund for the amount equal to the net amount obtained by subtracting (1) the aggregate of any costs incurred by the state gaming agency during fiscal year 2012 for any arbitration or litigation in connection with the administration and enforcement of tribal-state gaming compacts or the provisions of the tribal gaming oversight act, from (2) the aggregate of the amounts transferred to the tribal gaming fund of the Kansas racing and gaming commission during fiscal year 2012 for the operating expenditures for the state gaming agency and any other expenses incurred in connection with the administration and enforcement of tribal-state gaming compacts or the provisions of the tribal gaming oversight act. (d) During the fiscal year ending June 30, 2012, all payments for services provided by the Kansas bureau of investigation shall be paid by the Kansas racing and gaming commission in accordance with subsection (b) of K.S.A. 75-5516, and amendments thereto, pursuant to bills which are presented in a timely manner by the Kansas bureau of investigation for services rendered. (e) In addition to the other purposes for which expenditures may be made from the moneys appropriated in the tribal gaming fund for fiscal year 2012 for the Kansas racing and gaming commission by this or other appropriation act of the 2011 regular session of the legislature, expenditures may be made from the tribal gaming fund for fiscal year 2012 for the state gaming agency regulatory oversight of class III gaming, including but not limited to the regulatory oversight and law enforcement activities of monitoring compliance with tribal-state gaming compacts and conducting investigations of violations of tribal-state gaming compacts, investigations of criminal violations of the laws of this state at tribal gaming facilities, criminal violations of the tribal gaming oversight act, background investigations of applicants and vendors and investigations of other criminal activities related to tribal gaming, which are hereby authorized. (f) Notwithstanding the provisions of K.S.A. 74-8831, and amendments thereto, or any other statute, the director of accounts and reports (1) shall not make the transfer from the Kansas greyhound breeding development fund of the Kansas racing and gaming commission to the greyhound tourism fund of the department of commerce that is directed to be made on or before June 30, 2012, by subsection (b)(1) of K.S.A. 748831, and amendments thereto, and (2) shall transfer on or before June 30, 2012, the amount equal to 15% of all moneys credited to the Kansas greyhound breeding development fund during the fiscal year ending June 30, 2012, from the Kansas greyhound breeding development fund to the greyhound promotion and development fund of the Kansas racing and gaming commission. (g) During the fiscal year ending June 30, 2012, notwithstanding the provisions of any other statute, the Kansas racing and gaming commission is hereby authorized to fix, charge and collect additional fees to recover all or part of the direct and indirect costs or operating expenses incurred by the Kansas racing and gaming commission for the regulation of racing activities that are not otherwise recovered from the parimutuel facility licensee under authority of any other statute: Provided, That such fees shall be in addition to all taxes and other fees authorized by law: Provided further, That such costs or operating expenses shall include all or part of any auditing, drug testing, accounting, security and law enforcement, licensing of any office or other facility for use by a parimutuel facility licensee, projects to update and upgrade information technology software or facilities of the commission and shall specifically include any general operating expenses that are associated
with regulatory activities attributable to the entity upon which any such fee is imposed and all expenses related to reopening any race track or other racing facility: And provided further, That all moneys received for such fees shall be deposited in the state treasury in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, and shall be credited to the state racing fund. (h) On July 1, 2011, the expanded lottery act regulation fund of the Kansas racing and gaming commission is hereby redesignated as the expanded lottery regulation fund of the Kansas racing and gaming commission. Sec. 103. DEPARTMENT OF COMMERCE (a) There is appropriated for the above agency from the state general fund for the fiscal year or years specified, the following: Animal health research grant For the fiscal year ending June 30, 2012. . . . . . . . . . . . . . . $5,000,000 Provided, That all moneys in the animal health research grant account for fiscal year 2012 shall be for an animal health research grant to Kansas state university awarded and administered by the secretary of commerce: Provided, however, That no fees shall be charged or collected for administering and awarding the animal health research grant: Provided further, That all grant amounts authorized by the secretary of commerce for fiscal year 2012 shall be matched by Kansas state university on a $1 for $1 basis from other moneys of Kansas state university for the animal health research for which the grant is awarded: And provided further, That Kansas state university shall submit a plan to the secretary of commerce as to how the animal health research activities create additional jobs for the state for fiscal year 2012. For the fiscal year ending June 30, 2013. . . . . . . . . . . . . . . $5,000,000 Provided, That any unencumbered balance in the animal health research grant account in excess of $100 as of June 30, 2012, is hereby reappropriated for fiscal year 2013: Provided further, That all moneys in the animal health research grant account for fiscal year 2013 shall be for an animal health research grant to Kansas state university awarded and administered by the secretary of commerce: Provided, however, That no fees shall be charged or collected for administering and awarding the animal health research grant: And provided further, That all grant amounts authorized by the secretary of commerce for fiscal year 2013 shall be matched by Kansas state university on a $1 for $1 basis from other moneys of Kansas state university for the animal health research for which the grant is awarded: And provided further, That Kansas state university shall submit a plan to the secretary of commerce as to how the animal health research activities create additional jobs for the state for fiscal year 2013. For the fiscal year ending June 30, 2014. . . . . . . . . . . . . . . $5,000,000 Provided, That any unencumbered balance in the animal health research grant account in excess of $100 as of June 30, 2013, is hereby reappropriated for fiscal year 2014: Provided further, That all moneys in the animal health research grant account for fiscal year 2014 shall be for an animal health research grant to Kansas state university awarded and administered by the secretary of commerce: Provided, however, That no fees shall be charged or collected for administering and awarding the animal health research grant: And provided further, That all grant amounts authorized by the secretary of commerce for fiscal year 2014 shall be matched by Kansas state university on a $1 for $1 basis from other moneys of Kansas state university for the animal health research for which the grant is awarded: And provided further, That Kansas state university shall submit a plan to the secretary of commerce as to how the animal health research activities create additional jobs for the state for fiscal year 2014. Aviation research grant For the fiscal year ending June 30, 2012. . . . . . . . . . . . . . . $5,000,000 Provided, That all moneys in the aviation research grant account for fiscal year 2012 shall be for an aviation research grant to Wichita state university awarded and administered by the secretary of commerce: Provided, however, That no fees shall be charged or collected for administering and awarding the aviation research grant: Provided further, That all grant amounts authorized by the secretary of commerce for fiscal year 2012 shall be matched by Wichita state university on a $1 for $1 basis from other moneys of Wichita state university for the aviation research for which the grant is awarded: And provided further, That Wichita state university shall submit a plan to the secretary of commerce as to how the aviation research activities create additional jobs for the state for fiscal year 2012. For the fiscal year ending June 30, 2013. . . . . . . . . . . . . . . $5,000,000 (continued)
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Provided, That any unencumbered balance in the aviation research grant account in excess of $100 as of June 30, 2012, is hereby reappropriated for fiscal year 2013: Provided further, That all moneys in the aviation research grant account for fiscal year 2013 shall be for an aviation research grant to Wichita state university awarded and administered by the secretary of commerce: Provided, however, That no fees shall be charged or collected for administering and awarding the aviation research grant: And provided further, That all grant amounts authorized by the secretary of commerce for fiscal year 2013 shall be matched by Wichita state university on a $1 for $1 basis from other moneys of Wichita state university for the aviation research for which the grant is awarded: And provided further, That Wichita state university shall submit a plan to the secretary of commerce as to how the aviation research activities create additional jobs for the state for fiscal year 2013. For the fiscal year ending June 30, 2014. . . . . . . . . . . . . . . $5,000,000 Provided, That any unencumbered balance in the aviation research grant account in excess of $100 as of June 30, 2013, is hereby reappropriated for fiscal year 2014: Provided further, That all moneys in the aviation research grant account for fiscal year 2014 shall be for an aviation research grant to Wichita state university awarded and administered by the secretary of commerce: Provided, however, That no fees shall be charged or collected for administering and awarding the aviation research grant: And provided further, That all grant amounts authorized by the secretary of commerce for fiscal year 2014 shall be matched by Wichita state university on a $1 for $1 basis from other moneys of Wichita state university for the aviation research for which the grant is awarded: And provided further, That Wichita state university shall submit a plan to the secretary of commerce as to how the aviation research activities create additional jobs for the state for fiscal year 2014. Cancer center research grant For the fiscal year ending June 30, 2012. . . . . . . . . . . . . . . $5,000,000 Provided, That all moneys in the cancer center research grant account for fiscal year 2012 shall be for a cancer center research grant to university of Kansas medical center awarded and administered by the secretary of commerce: Provided, however, That no fees shall be charged or collected for administering and awarding the cancer research grant: Provided further, That all grant amounts authorized by the secretary of commerce for fiscal year 2012 shall be matched by university of Kansas medical center on a $1 for $1 basis from other moneys of university of Kansas medical center for the cancer center research for which the grant is awarded: And provided further, That university of Kansas medical center shall submit a plan to the secretary of commerce as to how the cancer center research activities create additional jobs for the state for fiscal year 2012. For the fiscal year ending June 30, 2013. . . . . . . . . . . . . . . $5,000,000 Provided, That any unencumbered balance in the cancer center research grant account in excess of $100 as of June 30, 2012, is hereby reappropriated for fiscal year 2013: Provided further, That all moneys in the cancer center research grant account for fiscal year 2013 shall be for a cancer center research grant to university of Kansas medical center awarded and administered by the secretary of commerce: Provided, however, That no fees shall be charged or collected for administering and awarding the cancer research grant: And provided further, That all grant amounts authorized by the secretary of commerce for fiscal year 2013 shall be matched by university of Kansas medical center on a $1 for $1 basis from other moneys of university of Kansas medical center for the cancer center research for which the grant is awarded: And provided further, That university of Kansas medical center shall submit a plan to the secretary of commerce as to how the cancer center research activities create additional jobs for the state for fiscal year 2013. For the fiscal year ending June 30, 2014. . . . . . . . . . . . . . . $5,000,000 Provided, That any unencumbered balance in the cancer center research grant account in excess of $100 as of June 30, 2013, is hereby reappropriated for fiscal year 2014: Provided further, That all moneys in the cancer center research grant account for fiscal year 2014 shall be for a cancer center research grant to university of Kansas medical center awarded and administered by the secretary of commerce: Provided, however, That no fees shall be charged or collected for administering and awarding the cancer research grant: And provided further, That all grant amounts authorized by the secretary of commerce for fiscal year 2014 shall be matched by university of Kansas medical center on a $1 for $1 basis from other moneys of university of Kansas medical center for the cancer center research for which the grant is awarded: And provided further, That university of Kansas medical center shall submit a plan to the secretary of commerce as to how the cancer center research activities create additional jobs for the state for fiscal year 2014.
(b) There is appropriated for the above agency from the state economic development initiatives fund for the fiscal year ending June 30, 2012, the following: Older Kansans employment program . . . . . . . . . . . . . . . . . . . $293,226 Provided, That any unencumbered balance in excess of $100 as of June 30, 2011, in the older Kansans employment program account is hereby reappropriated for fiscal year 2012. Rural opportunity zones program. . . . . . . . . . . . . . . . . . . . . . . . $2,203,172 Senior community service employment program . . . . . . $131,486 Provided, That any unencumbered balance in excess of $100 as of June 30, 2011, in the senior community service employment program account is hereby reappropriated for fiscal year 2012. Senior community service employment program ARRA match . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $8,935 Strong military bases program. . . . . . . . . . . . . . . . . . . . . . . . . . . . $100,000 Small technology pilot program . . . . . . . . . . . . . . . . . . . . . . . . . . $100,000 Entrepreneurial centers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $968,023 Centers of excellence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,358,581 MAMTC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,025,000 Operating grant (including official hospitality). . . . . . . . . $9,744,888 Provided, That any unencumbered balance in the operating grant (including official hospitality) account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012: Provided further, That expenditures may be made from the operating grant (including official hospitality) account for certified development companies that have been determined to be qualified for grants by the secretary of commerce, except that expenditures for such grants shall not be made for grants to more than 10 certified development companies that have been determined to be qualified for grants by the secretary of commerce. Engineering expansion grants. . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,000,000 Provided, That all moneys in the engineering expansion grants account shall be for a grant program developed and administered by the secretary of commerce for the purposes of expansion of the states professional engineer training programs to address needs for engineers in industries that are not being met with the current levels of graduating students: Provided further, That all moneys in the engineering expansion grants account shall be for grants awarded under a competitive grant program administered by the secretary of commerce: And provided further, That all engineering expansion grant amounts authorized by the secretary of commerce shall be matched by the recipient institution on a $3 for $1 basis from other moneys of the recipient institution for the purpose for which the engineering expansion grant is awarded. (c) There is appropriated for the above agency from the following special revenue fund or funds for the fiscal year ending June 30, 2012, all moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures other than refunds authorized by law shall not exceed the following: Job creation program fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Publication and other sales fund . . . . . . . . . . . . . . . . . . . . . . . . . No limit Conversion of equipment and materials fund . . . . . . . . . . No limit Conference registration and disbursement fund. . . . . . . . No limit Greyhound tourism fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Reimbursement and recovery fund . . . . . . . . . . . . . . . . . . . . . . No limit Community development block grantfederal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Community development block grantfederal fund revolving loan account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit No limit National main street center fund . . . . . . . . . . . . . . . . . . . . . . . . . IMPACT program services fund. . . . . . . . . . . . . . . . . . . . . . . . . . No limit IMPACT program repayment fund . . . . . . . . . . . . . . . . . . . . . . No limit Kansas partnership fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That the interest rate on any loan made from the Kansas partnership fund shall be annually indexed to the federal discount rate. General fees fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That expenditures may be made from the general fees fund for loans pursuant to loan agreements which are hereby authorized to be entered into by the secretary of commerce in accordance with repayment provisions and other terms and conditions as may be prescribed by the secretary therefor under programs of the department. Kansas economic opportunity initiatives fund. . . . . . . . . . No limit Kansas existing industry expansion fund . . . . . . . . . . . . . . . No limit Provided, That expenditures may be made from the Kansas existing industry expansion fund for loans pursuant to loan agreements which are hereby authorized to be entered into by the secretary of commerce in accordance with repayment provisions and other terms and conditions as may be prescribed by the secretary therefor under the Kansas existing
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industry expansion program: Provided further, That all moneys received by the department of commerce for repayment of loans made under the Kansas existing industry expansion program shall be deposited in the state treasury in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, and shall be credited to the Kansas existing industry expansion fund. Athletic fee fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit WIA adultfederal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit WIA youth activitiesfederal fund . . . . . . . . . . . . . . . . . . . . . . No limit WIA dislocated workersfederal fund. . . . . . . . . . . . . . . . . . No limit Trade adjustment assistancefederal fund . . . . . . . . . . . . . No limit Veterans assistance programfederal fund. . . . . . . . . . . . . No limit Local veterans employment representative program federal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Wagner Peyser employment servicesfederal fund . . . No limit Senior community service employment programfederal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Indirect costfederal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit State affordable airfare fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $5,000,000 Provided, That, the regional economic area partnership, hereinafter referred to as REAP, shall submit an annual report to the legislature on or before May 1, 2012: Provided further, That the annual report shall be delivered and REAP shall appear in person to the house committee on economic development, the house committee on appropriations, the senate committee on commerce and the senate committee on ways and means regarding such annual report: And provided further, That the secretary of commerce shall conduct an independent review of the financial reports submitted by REAP as well as an analysis of the data used by REAP: And provided further, That the secretary of commerce shall submit a report and appear in person to the house committee on economic development, the house committee on appropriations, the senate committee on commerce and the senate committee on ways and means regarding these matters: And provided further, That the secretary of commerce shall develop and implement the necessary procedures to conduct such a review. Temporary labor certification foreign workersfederal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit USDA cooperativefederal fund . . . . . . . . . . . . . . . . . . . . . . . . No limit Work opportunity tax creditfederal fund . . . . . . . . . . . . . No limit American job link alliancefederal fund . . . . . . . . . . . . . . . No limit American job link alliance job corpsfederal fund . . . . No limit Early childhood associate apprenticeship program federal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Modernization apprenticefederal fund. . . . . . . . . . . . . . . . No limit Work incentive grantfederal fund . . . . . . . . . . . . . . . . . . . . . No limit Registered apprenticeship worksfederal fund. . . . . . . . No limit Neighborhood stabilization programfederal fund . . . No limit Green jobs grant ARRAfederal fund . . . . . . . . . . . . . . . . . . No limit Enterprise facilitation fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit State broadband data developmentfederal fund . . . . . No limit Transition assistance programfederal fund . . . . . . . . . . . No limit Veteran workforce investment programfederal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Health profession opportunityfederal fund . . . . . . . . . . No limit Health care workforce planningfederal fund. . . . . . . . . No limit MAMTCfederal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit (d) The secretary of commerce is hereby authorized to fix, charge and collect fees during the fiscal year ending June 30, 2012, for (1) the provision and administration of conferences held for the purposes of programs and activities of the department of commerce and for which fees are not specifically prescribed by statute, (2) sale of publications of the department of commerce and for sale of educational and other promotional items and for which fees are not specifically prescribed by statute, and (3) promotional and other advertising and related economic development activities and services provided under economic development programs and activities of the department of commerce: Provided, That such fees shall be fixed in order to recover all or part of the operating expenses incurred in providing such services, conferences, publications and items, advertising and other economic development activities and services provided under economic development programs and activities of the department of commerce for which fees are not specifically prescribed by statute: Provided further, That all such fees shall be deposited in the state treasury in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, and shall be credited to one or more special revenue funds of the department of commerce as specified by the secretary of commerce: And provided further, That expenditures may be made from such special revenue funds of the department of commerce for fiscal year 2012, in accordance with the provisions of
this or other appropriation act of the 2011 regular session of the legislature, for operating expenses incurred in providing such services, conferences, publications and items, advertising, programs and activities and for operating expenses incurred in providing similar economic development activities and services provided under economic development programs and activities of the department of commerce. (e) In addition to the other purposes for which expenditures may be made by the department of commerce from moneys appropriated in any special revenue fund for fiscal year 2012 for the department of commerce as authorized by this or other appropriation act of the 2011 regular session of the legislature, expenditures may be made by the department of commerce from moneys appropriated in any special revenue fund for fiscal year 2012 for official hospitality. (f) On August 15, 2011, and December 15, 2011, or as soon thereafter as moneys are available, the director of accounts and reports shall transfer $625,000 from the state economic development initiatives fund to the Kansas economic opportunity initiatives fund of the department of commerce. (g) On or after July 1, 2011, the secretary of commerce shall certify to the director of the budget and to the director of accounts and reports a report of the activities of the regional economic area partnership (REAP) and the progress attained by REAP during the fiscal year 2011 to develop and implement the program to provide more air flight options, more competition for air travel and affordable air fares for Kansas, including a regional airport in western Kansas. At the same time as such certification is transmitted to the director of accounts and reports and the director of the budget, the secretary of commerce shall transmit a copy of such certification to the director of the legislative research department. Upon receipt of such certification from the secretary of commerce, or as soon thereafter as moneys are available, the director of accounts and reports shall transfer $5,000,000 from the state economic development initiatives fund to the state affordable airfare fund of the department of commerce. Sec. 104. KANSAS HOUSING RESOURCES CORPORATION (a) There is appropriated for the above agency from the following special revenue fund or funds for the fiscal year ending June 30, 2012, all moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures other than refunds authorized by law shall not exceed the following: State housing trust fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That all expenditures from the state housing trust fund shall be made by the Kansas housing resources corporation pursuant to K.S.A. 12-5242 and 12-5246 and K.S.A. 2010 Supp. 12-5252 through 125258, and amendments thereto: Provided further, That, notwithstanding the provisions of K.S.A. 74-8959, and amendments thereto, or any other statute, the Kansas housing resources corporation may make expenditures from the state housing trust fund for the purposes of implementing and administering the provisions of K.S.A. 2010 Supp. 12-5252 through 12-5258, and amendments thereto, the Kansas rural housing incentive district act. Sec. 105. DEPARTMENT OF LABOR (a) There is appropriated for the above agency from the state general fund for the fiscal year ending June 30, 2012, the following: Operating expenditures. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $409,271 Provided, That any unencumbered balance in the operating expenditures account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012: Provided further, That in addition to the other purposes for which expenditures may be made by the above agency from this account for the fiscal year ending June 30, 2012, expenditures may be made from this account for the costs incurred for court reporting under K.S.A. 72-5413 et seq., and 75-4321 et seq., and amendments thereto: And provided further, That expenditures from this account for official hospitality by the secretary of labor shall not exceed $2,000. (b) There is appropriated for the above agency from the following special revenue fund or funds for the fiscal year ending June 30, 2012, all moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures other than refunds authorized by law shall not exceed the following: Workmens compensation fee fund . . . . . . . . . . . . . . . . . . . . . . $13,901,253 Occupational health and safetyfederal fund. . . . . . . . . . No limit Boiler inspection fee fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit General fees fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Employment security interest assessment fund. . . . . . . . . No limit (continued)
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Special employment security fund . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That expenditures may be made from the special employment security fund for payment of communications costs: Provided further, That expenditures from this fund for payment of communications costs shall not exceed $10,000. Employment security administration fund . . . . . . . . . . . . . . No limit State workplace health and safety fund . . . . . . . . . . . . . . . . . No limit Wage claims assignment fee fund . . . . . . . . . . . . . . . . . . . . . . . . No limit Employment security computer systems institute fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Department of labor special projects fund . . . . . . . . . . . . . . No limit Federal indirect cost offset fund . . . . . . . . . . . . . . . . . . . . . . . . . . $404,834 Dispute resolution fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That all moneys received by the secretary of labor for reimbursement of expenditures for the costs incurred for mediation under K.S.A. 72-5427, and amendments thereto, and for fact-finding under K.S.A. 72-5428, and amendments thereto, shall be deposited in the state treasury and credited to the dispute resolution fund: Provided further, That expenditures may be made from this fund to pay the costs incurred for mediation under K.S.A. 72-5427, and amendments thereto, and for fact-finding under K.S.A. 72-5428, and amendments thereto, subject to full reimbursement therefor by the board of education and the professional employees organization involved in such mediation and factfinding procedures. Employment security fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit (c) In addition to the other purposes for which expenditures may be made by the department of labor from the employment security fund for fiscal year 2012 as authorized by this or other appropriation act of the 2011 regular session of the legislature, expenditures may be made by the department of labor for fiscal year 2012 from the employment security fund from moneys made available to the state under section 903(d) of the federal social security act, as amended, for payment of debt service on a bond issued for the rewrite of the unemployment insurance benefit system: Provided, That expenditures from the employment security fund during fiscal year 2012 of moneys made available to the state under section 903(d) of the federal social security act, as amended, for payment of such debt service shall not exceed $2,646,150. (d) In addition to the other purposes for which expenditures may be made by the above agency from the special employment security fund for fiscal year 2012, expenditures may be made by the above agency from the special employment security fund for fiscal year 2012 for the following capital improvement purposes: Payment on the master lease agreement for the renovation of the Eastman building on the Topeka west complex: Provided, That expenditures from this fund for fiscal year 2012 for such capital improvement purposes shall not exceed $99,625: Provided further, That all expenditures from this fund for any such capital improvement purpose shall be in addition to any expenditure limitation imposed on the special employment security fund for fiscal year 2012. Sec. 106. KANSAS COMMISSION ON VETERANS AFFAIRS (a) There is appropriated for the above agency from the state general fund for the fiscal year ending June 30, 2012, the following: Operating expendituresveteran services . . . . . . . . . . . . . . $1,200,598 Provided, That any unencumbered balance in the operating expendituresveterans services account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012. Operationsstate veterans cemeteries. . . . . . . . . . . . . . . . . . . $554,971 Provided, That any unencumbered balance in the operationsstate veterans cemeteries account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012: Provided further, That expenditures from this account for official hospitality shall not exceed $1,200. Operating expendituresKansas soldiers home. . . . . . . $1,917,108 Provided, That any unencumbered balance in the operating expendituresKansas soldiers home account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012. Operating expendituresKansas veterans home. . . . . . $2,494,684 Provided, That any unencumbered balance in the operating expendituresKansas veterans home account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012. Scratch lottoKansas veterans home . . . . . . . . . . . . . . . . . . . $101,507 Scratch lottoveterans services . . . . . . . . . . . . . . . . . . . . . . . . . . $328,003 Scratch lottoKansas soldiers home . . . . . . . . . . . . . . . . . . . . $74,444 Scratch lottoveterans cemeteries . . . . . . . . . . . . . . . . . . . . . . . $159,458 Operating expendituresadministration. . . . . . . . . . . . . . . . $426,485
Provided, That any unencumbered balance in the operating expendituresadministration account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012. Veterans claim assistance programservice grants. . . . $469,321 Provided, That any unencumbered balance in the veterans claim assistance programservice grants account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012: Provided further, That expenditures from the veterans claim assistance programservice grants account shall be made only for the purpose of awarding service grants to veterans service organizations for the purpose of aiding veterans in obtaining federal benefits: Provided, however, That no expenditures shall be made by the Kansas commission on veterans affairs from the veterans claim assistance programservice grants account for operating expenditures or overhead for administering the grants in accordance with the provisions of K.S.A. 73-1234, and amendments thereto. (b) There is appropriated for the above agency from the following special revenue fund or funds for the fiscal year ending June 30, 2012, all moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures other than refunds authorized by law shall not exceed the following: Soldiers home fee fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,719,521 Soldiers home benefit fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Soldiers home work therapy fund . . . . . . . . . . . . . . . . . . . . . . . No limit Soldiers home medicare fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Soldiers home medicaid fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Soldiers home canteen fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Veterans home medicare fund . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Veterans home medicaid fund . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Veterans home fee fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $3,000,003 Veterans home canteen fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Veterans home benefit fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Soldiers home outpatient clinic fund . . . . . . . . . . . . . . . . . . . . No limit State veterans cemeteries fee fund . . . . . . . . . . . . . . . . . . . . . . . No limit State veterans cemeteries donations and contributions fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Outpatient clinic patient federal reimbursement fundfederal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit VA burial reimbursement fundfederal . . . . . . . . . . . . . . . . $80,538 Veterans home federal fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,924,231 Soldiers home federal fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,254,408 Commission on veterans affairs federal fund . . . . . . . . . . . $208,961 Kansas veterans memorials fund . . . . . . . . . . . . . . . . . . . . . . . . . No limit Vietnam war era veterans recognition award fund . . . No limit Kansas hometown heroes fund . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit (c) On the effective date of this act, the director of accounts and reports shall transfer $25,000 from the scratch lottoveterans services account of the state general fund to the Vietnam war era veterans recognition award fund of the Kansas commission on veterans affairs: Provided, That, in addition to the other purposes for which expenditures may be made by the above agency from the Vietnam war era veterans recognition award fund for fiscal year 2011, expenditures shall be made by the above agency from the Vietnam war era veterans recognition award fund for fiscal year 2011, to acquire and send the appropriate medallions and certificates to all qualifying veterans whose applications for such medallions and certificates have been received by June 1, 2011. (d) (1) During the fiscal year ending June 30, 2011, notwithstanding the provisions of K.S.A. 73-1231, 75-3728g, 76-1906 or 76-1953, and amendments thereto, or K.S.A. 2010 Supp. 73-1233, and amendments thereto, or any other statute, the executive director of the Kansas commission on veterans affairs, with the approval of the director of the budget, may transfer moneys that are credited to a special revenue fund of the Kansas commission on veterans affairs to another special revenue fund of the Kansas commission on veterans affairs. The executive director of the Kansas commission on veterans affairs shall certify each such transfer to the director of accounts and reports and shall transmit a copy of each such certification to the director of legislative research. (2) During the fiscal year ending June 30, 2012, notwithstanding the provisions of K.S.A. 73-1231, 75-3728g, 76-1906 or 76-1953, and amendments thereto, or K.S.A. 2010 Supp. 73-1233, and amendments thereto, or any other statute, the executive director of the Kansas commission on veterans affairs, with the approval of the director of the budget, may transfer moneys that are credited to a special revenue fund of the Kansas commission on veterans affairs to another special revenue fund of the Kansas commission on veterans affairs. The executive director of the Kansas commission on veterans affairs shall certify each such transfer
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to the director of accounts and reports and shall transmit a copy of each such certification to the director of legislative research. (3) As used in this subsection (d), special revenue fund means the soldiers home fee fund, veterans home fee fund, soldiers home outpatient clinic fund, soldiers home benefit fund, soldiers home work therapy fund, veterans home canteen fund, soldiers home canteen fund, veterans home benefit fund, Persian Gulf War veterans health initiative fund, state veterans cemeteries fee fund, state veterans cemeteries donations and contributions fund, and Kansas veterans memorials fund. (e) During the fiscal year ending June 30, 2011, the executive director of the Kansas commission on veterans affairs, with the approval of the director of the budget, may transfer any part of any item of appropriation for the fiscal year ending June 30, 2011, from the state general fund for the Kansas commission on veterans affairs or any institution or facility under the general supervision of management of the Kansas commission on veterans affairs to another item of appropriation for fiscal year 2011 from the state general fund for the Kansas commission on veterans affairs or any institution or facility under the general supervision and management of the Kansas commission on veterans affairs. The executive director of the Kansas commission on veterans affairs shall certify each such transfer to the director of accounts and reports and shall transmit a copy of each such certification to the director of legislative research. (f) During the fiscal year ending June 30, 2012, the executive director of the Kansas commission on veterans affairs, with the approval of the director of the budget, may transfer any part of any item of appropriation for the fiscal year ending June 30, 2012, from the state general fund for the Kansas commission on veterans affairs or any institution or facility under the general supervision of management of the Kansas commission on veterans affairs to another item of appropriation for fiscal year 2012 from the state general fund for the Kansas commission on veterans affairs or any institution or facility under the general supervision and management of the Kansas commission on veterans affairs. The executive director of the Kansas commission on veterans affairs shall certify each such transfer to the director of accounts and reports and shall transmit a copy of each such certification to the director of legislative research. Sec. 107. DEPARTMENT OF HEALTH AND ENVIRONMENT DIVISION OF HEALTH (a) There is appropriated for the above agency from the state general fund for the fiscal year ending June 30, 2012, the following: Operating expenditures (including official hospitality) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $3,545,224 Provided, That any unencumbered balance in the operating expenditures (including official hospitality) account of the department of health and environmentdivision of health in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012. Operating expenditures (including official hospitality)health . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $4,038,071 Provided, That any unencumbered balance in the operating expenditures (including official hospitality)health account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012. Vaccine purchases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $732,897 Provided, That any unencumbered balance in the vaccine purchases account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012. Aid to local units . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $4,805,709 Provided, That any unencumbered balance in the aid to local units account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012: Provided further, That all expenditures from this account for state financial assistance to local health departments shall be in accordance with the formula prescribed by K.S.A. 65-241 through 65-246, and amendments thereto. Aid to local unitsprimary health projects . . . . . . . . . . . . . $7,243,065 Provided, That any unencumbered balance in the aid to local units primary health projects account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012: Provided further, That prescription support expenditures shall be made from the aid to local unitsprimary health projects account for: (1) Purchase of drug inventory under section 340B of the federal public health service act for community health center grantees and federally qualified health center lookalikes who qualify; (2) increasing access to prescription drugs by subsidizing a portion of the costs for the benefit of patients at section 340B participating clinics on a sliding fee scale; and (3) expanding access
to prescription medication assistance programs by making expenditures to support operating costs of assistance programs at not-for-profit or publicly-funded primary care clinics, including federally qualified community health centers and federally qualified community health center look-alikes, as defined by 42 U.S.C. 330, that provide comprehensive primary health care services, offer sliding fee discounts based upon household income and serve any person regardless of ability to pay: And provided further, That policies determining patient eligibility due to income or insurance status may be determined by each community but must be clearly documented and posted. Aid to local unitswomens wellness . . . . . . . . . . . . . . . . . . . $94,296 Provided, That any unencumbered balance in the aid to local units family planning account in excess of $100 as of June 30, 2011, is hereby reappropriated to the aid to local unitswomens wellness account for fiscal year 2012: Provided further, That all expenditures from the aid to local unitswomens wellness account shall be in accordance with grant agreements entered into by the secretary of health and environment and grant recipients. Immunization programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $447,418 Provided, That any unencumbered balance in the immunization programs account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012. Breast cancer screening program . . . . . . . . . . . . . . . . . . . . . . . . . $219,336 Provided, That any unencumbered balance in the breast cancer screening program account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012. Ryan White matching funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $47,682 Provided, That any unencumbered balance in the Ryan White matching funds account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012. Pregnancy maintenance initiative . . . . . . . . . . . . . . . . . . . . . . . . $338,846 Provided, That any unencumbered balance in the pregnancy maintenance initiative account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012. Cerebral palsy posture seating. . . . . . . . . . . . . . . . . . . . . . . . . . . . $105,537 Provided, That any unencumbered balance in the cerebral palsy posture seating account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012. PKU treatment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $249,274 Provided, That any unencumbered balance in the PKU treatment account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012. Teen pregnancy prevention activities . . . . . . . . . . . . . . . . . . . . $338,846 Provided, That any unencumbered balance in the teen pregnancy prevention activities account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012. (b) There is appropriated for the above agency from the following special revenue fund or funds for the fiscal year ending June 30, 2012, all moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures other than refunds authorized by law shall not exceed the following: Medical assistancefederal fund. . . . . . . . . . . . . . . . . . . . . . . . . No limit Substance abuse and mental health services administrationfederal fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Breast and cervical cancer program and detection federal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Health and environment training fee fundhealth. . . . No limit Provided, That expenditures may be made from the health and environment training fee fundhealth for acquisition and distribution of division of health program literature and films and for participation in or conducting training seminars for training employees of the division of health of the department of health and environment, for training recipients of state aid from the division of health of the department of health and environment and for training representatives of industries affected by rules and regulations of the department of health and environment relating to the division of health: Provided further, That the secretary of health and environment is hereby authorized to fix, charge and collect fees in order to recover costs incurred for such acquisition and distribution of literature and films and for the operation of such seminars: And provided further, That such fees may be fixed in order to recover all or part of such costs: And provided further, That all moneys received from such fees shall be deposited in the state treasury in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, and shall be (continued)
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credited to the health and environment training fee fundhealth: And provided further, That, in addition to the other purposes for which expenditures may be made by the department of health and environment for the division of health from moneys appropriated from the health and environment training fee fundhealth for fiscal year 2012, expenditures may be made by the department of health and environment from the health and environment training fee fundhealth for fiscal year 2012 for agency operations for the division of health. Health facilities review fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Insurance statistical plan fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Health and environment publication fee fund health. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That expenditures from the health and environment publication fee fundhealth shall be made only for the purpose of paying the expenses of publishing documents as required by K.S.A. 75-5662, and amendments thereto. District coroners fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Sponsored project overhead fundhealth . . . . . . . . . . . . . . No limit Tuberculosis elimination and laboratoryfederal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Maternity centers and child care facilities licensing fee fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Child care and development block grantfederal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Office of rural healthfederal fund. . . . . . . . . . . . . . . . . . . . . . No limit Emergency medical services for childrenfederal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Primary care officesfederal fund . . . . . . . . . . . . . . . . . . . . . . . No limit Injury interventionfederal fund . . . . . . . . . . . . . . . . . . . . . . . . No limit Oral health workforce activitiesfederal fund . . . . . . . . . No limit Rural hospital flex programfederal fund. . . . . . . . . . . . . . No limit Hospital bioterrorism preparednessfederal fund . . . . No limit Kansas coalition against sexual and domestic violencefederal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit ARRA migrant healthfederal fund. . . . . . . . . . . . . . . . . . . . . No limit ARRA child care developmentfederal fund . . . . . . . . . . No limit ARRA Kansas health information exchange project federal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit ARRA epidemiology and lab capacityfederal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit ARRA immunization and vaccines for childrenfederal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit ARRA women infants and childrenfederal fund . . . . No limit ARRA infant & toddlers Title 1federal fund . . . . . . . . . No limit ARRA primary care officesfederal fund . . . . . . . . . . . . . . No limit ARRA collaborative component Ifederal fund . . . . . . . No limit ARRA collaborative component IIIfederal fund . . . . . No limit ARRA ambulatory surgical center ASC/HAI medicarefederal fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit ARRA prevention of healthcare associated infections federal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Medicarefederal fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That transfers of moneys from the medicarefederal fund to the state fire marshal may be made during fiscal year 2012 pursuant to a contract which is hereby authorized to be entered into by the secretary of health and environment and the state fire marshal to provide fire and safety inspections for hospitals. Migrant health programfederal fund. . . . . . . . . . . . . . . . . . No limit Refugee healthfederal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit United states department of agriculturefederal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Childrens mercy hospital lead programfederal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Women, infants and children health programfederal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit WIC health program fundsenior farmers market federal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Assistance for firefighters grant programfederal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Immunization and vaccines for children grantsfederal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Home visiting grantfederal fund. . . . . . . . . . . . . . . . . . . . . . . No limit Preventive health block grantfederal fund. . . . . . . . . . . . No limit Maternal and child health block grantfederal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit National center for health statisticsfederal fund . . . . . No limit Title X family planning services programfederal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit
Comprehensive STD prevention systemsfederal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Children with special health care needsfederal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Make a difference information networkfederal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Ryan White Title IIfederal fund . . . . . . . . . . . . . . . . . . . . . . . . No limit Bicycle helmet distributionfederal fund. . . . . . . . . . . . . . . No limit Bicycle helmet revolving fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit SSA fee fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Lead certification cooperation agreementfederal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Childhood lead poisoning prevention programfederal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit State implementation projects for prevention of secondary conditionsfederal fund . . . . . . . . . . . . . . . . . . . . . No limit Title IV-Efederal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit HIV prevention projectsfederal fund . . . . . . . . . . . . . . . . . . No limit HIV/AIDS surveillancefederal fund . . . . . . . . . . . . . . . . . . . No limit Infants & toddlers Title 1federal fund. . . . . . . . . . . . . . . . . No limit Universal newborn hearing screeningfederal fund . . No limit State loan repayment programfederal fund . . . . . . . . . . No limit Opt-out testing initiativefederal fund . . . . . . . . . . . . . . . . . No limit Kansas system for early registration of volunteers federal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Cardiovascular health programsfederal fund . . . . . . . . No limit Adult lead surveillance datafederal fund . . . . . . . . . . No limit Medical reserve corps contractfederal fund . . . . . . . . . . No limit Trauma fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That expenditures may be made by the department of health and environment for fiscal year 2012 from the trauma fund of the division of health of the department of health and environment for the stroke prevention project: Provided further, That expenditures from the trauma fund for official hospitality shall not exceed $2,000. Homeland securityfederal fund . . . . . . . . . . . . . . . . . . . . . . . . No limit Homeland security real IDfederal fund . . . . . . . . . . . . . . . No limit Special education state grantsfederal fund . . . . . . . . . . . No limit Refugee assistancefederal fund. . . . . . . . . . . . . . . . . . . . . . . . . No limit Personal responsibility education programfederal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Mammography quality standards actfederal fund . . No limit Education, training, and enhanced services to end violence against and abuse of women with disabilitiesfederal fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit State surplus revenuesspecial revenue fund. . . . . . . . . . No limit HRSA small hospital improvement grant program federal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit State indoor radon grantfederal fund . . . . . . . . . . . . . . . . . No limit HUD lead hazard control program of Kansas City federal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Gifts, grants and donations fundhealth . . . . . . . . . . . . . . . No limit Special bequest fundhealth . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Civil registration and health statistics fee fund . . . . . . . . . No limit Vital statistics system project fund . . . . . . . . . . . . . . . . . . . . . . . No limit Power generating facility fee fund . . . . . . . . . . . . . . . . . . . . . . . No limit Nuclear safety emergency preparedness special revenue fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That all moneys received by the division of health of the department of health and environment from the adjutant general from the nuclear safety emergency management fee fund of the adjutant general shall be credited to the nuclear safety emergency preparedness special revenue fund of the division of health of the department of health and environment. Radiation control operations fee fund . . . . . . . . . . . . . . . . . . . No limit Lead-based paint hazard fee fund. . . . . . . . . . . . . . . . . . . . . . . . No limit Strengthening public health infrastructurefederal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Improving minority healthfederal fund . . . . . . . . . . . . . . No limit Abstinence educationfederal fund . . . . . . . . . . . . . . . . . . . . . No limit Affordable care actfederal fund . . . . . . . . . . . . . . . . . . . . . . . No limit Carbon monoxide detector/fire injury prevention federal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Health information exchangefederal fund . . . . . . . . . . . . No limit (c) There is appropriated for the above agency from the childrens initiatives fund for the fiscal year ending June 30, 2012, the following: Healthy start . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $237,914 Provided, That any unencumbered balance in the healthy start account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012.
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Infants and toddlers program. . . . . . . . . . . . . . . . . . . . . . . . . . . . . $5,700,000 Provided, That any unencumbered balance in the infants and toddlers program account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012. Smoking prevention. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,000,000 Provided, That any unencumbered balance in the smoking prevention account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012. Newborn hearing aid loaner program . . . . . . . . . . . . . . . . . . . $47,161 Provided, That any unencumbered balance in the newborn hearing aid loaner program account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012. SIDS network grant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $71,374 Provided, That any unencumbered balance in the SIDS network grant account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012. Newborn screening. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $247,114 Provided, That any unencumbered balance in the newborn screening account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012. (d) On July 1, 2011, and on other occasions during fiscal year 2012 when necessary as determined by the secretary of health and environment, the director of accounts and reports shall transfer amounts specified by the secretary of health and environment, which amounts constitute reimbursements, credits and other amounts received by the department of health and environment for activities related to federal programs, from specified special revenue funds of the department of health and environmentdivision of health or of the department of health and environmentdivision of environment, to the sponsored project overhead fundhealth of the department of health and environmentdivision of health. (e) On July 1, 2011, October 1, 2011, January 1, 2012, and April 1, 2012, or as soon after each such date as moneys are available, the director of accounts and reports shall transfer $559,307 from the child care and development federal fund of the department of social and rehabilitation services to the child care and development block grantfederal fund of the department of health and environment. (f) During the fiscal year ending June 30, 2012, the director of accounts and reports shall transfer an amount or amounts specified by the secretary of health and environment from any one or more special revenue funds of the department of health and environmentdivision of health, which have available moneys, to the sponsored project overhead fundhealth of the department of health and environmentdivision of health for expenditures, as the case may be, for administrative expenses. (g) In addition to the other purposes for which expenditures may be made by the department of health and environment from moneys appropriated from the state general fund or from any special revenue fund for fiscal year 2012 and from which expenditures may be made for salaries and wages, as authorized by this or other appropriation act of the 2011 regular session of the legislature, expenditures may be made by the department of health and environment from such moneys appropriated from the state general fund or from any special revenue fund for fiscal year 2012 for up to four full-time equivalent positions in the unclassified service under the Kansas civil service act: Provided, That all such additional full-time equivalent positions in the unclassified service under the Kansas civil service act shall be in addition to other positions within the department of health and environment in the unclassified service as prescribed by law and shall be established by the secretary of health and environment within the position limitation established for the department of health and environment on the number of full-time and regular part-time positions equated to full-time, excluding seasonal and temporary positions, paid from appropriations for fiscal year 2012 made by this or other appropriation act of the 2011 regular session of the legislature: Provided, however, That the authority to establish such additional positions in the unclassified service shall not affect the classified service status of any person who is an employee of the department of health and environment in the classified service under the Kansas civil service act. (h) During the fiscal year ending June 30, 2012, the amounts transferred by the director of accounts and reports from each of the special revenue funds of the department of health and environmentdivision of health to the sponsored project overhead fundhealth of the department of health and environmentdivision of health pursuant to this section may include amounts equal to up to 25% of the expenditures
from such special revenue fund, excepting expenditures for contractual services. (i) During the fiscal year ending June 30, 2012, the secretary of health and environment, with approval of the director of the budget, may transfer any part of any item of appropriation for fiscal year 2012 from the state general fund for the department of health and environment division of health or the department of health and environmentdivision of environment to another item of appropriation for fiscal year 2012 from the state general fund for the department of health and environmentdivision of health or the department of health and environmentdivision of environment. The secretary of health and environment shall certify each such transfer to the director of accounts and reports and shall transmit a copy of each such certification to the director of legislative research. (j) In addition to the other purposes for which expenditures may be made by the department of health and environmentdivision of health from moneys appropriated from the district coroners fund for fiscal year 2012, as authorized by this or other appropriation act of the 2011 regular session of the legislature, and notwithstanding the provisions of K.S.A. 22a-245, and amendments thereto, or any other statute, expenditures may be made by the department of health and environmentdivision of health from such moneys appropriated from the district coroners fund for fiscal year 2012 pursuant to K.S.A. 22a-242, and amendments thereto. (k) On July 1, 2011, the director of accounts and reports shall transfer $200,000 from the health care stabilization fund of the health care stabilization fund board of governors to the health facilities review fund of the department of health and environment for the purpose of financing a review of records of licensed medical care facilities and an analysis of quality of health care services provided to assist in correcting substandard services and to reduce the incidence of liability resulting from the rendering of health care services and implementing the risk management provisions of K.S.A. 65-4922 et seq., and amendments thereto. (l) During the fiscal year ending June 30, 2012, subject to any applicable requirements of federal statutes, rules, regulations or guidelines, any expenditures or grants of money by the department of health and environmentdivision of health for family planning services financed in whole or in part from federal title X moneys shall be made subject to the following two priorities: First priority to public entities (state, county, local health departments and health clinics) and, if any moneys remain, then, Second priority to non-public entities which are hospitals or federally qualified health centers that provide comprehensive primary and preventative care in addition to family planning services: Provided, That, as used in this subsection hospitals shall have the same meaning as defined in K.S.A. 65-425, and amendments thereto, and federally qualified health center shall have the same meaning as defined in K.S.A. 65-1669, and amendments thereto. (m) During the fiscal year ending June 30, 2012, in addition to the other purposes for which expenditures may be made by the above agency from moneys appropriated from the state general fund or from any special revenue fund or funds for fiscal year 2012 by the above agency by this or other appropriation act of the 2011 regular session of the legislature, expenditures shall be made by the above agency from moneys appropriated by this or other appropriation act of the 2011 regular session of the legislature from the state general fund or from any such special revenue fund or funds to provide funding to carry out and administer the provisions of 2011 House Bill No. 2035: Provided, That the aggregate amount of expenditures during fiscal year 2012 by the above agency of moneys appropriated by this or other appropriation act of the 2011 regular session of the legislature from the state general fund or from any special revenue fund or funds to carry out and administer the provisions of 2011 House Bill No. 2035 shall not exceed $70,380. (n) During the fiscal year ending June 30, 2012, in addition to the other purposes for which expenditures may be made by the above agency from moneys appropriated from the state general fund or from any special revenue fund or funds for fiscal year 2012 by the above agency by this or other appropriation act of the 2011 regular session of the legislature, expenditures shall be made by the above agency from moneys appropriated by this or other appropriation act of the 2011 regular session of the legislature from the state general fund or from any such special revenue fund or funds to provide funding to carry out and administer the provisions of 2011 House Substitute for Senate Bill No. 36: Provided, That the aggregate amount of expenditures during fiscal year 2012 by the above agency of moneys appropriated by this or other appropriation act of the 2011 regular session of the legislature from the state general fund or from any special revenue fund or funds to carry out and administer the provisions of 2011 House Substitute for Senate (continued)
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Bill No. 36 shall not exceed $67,165: Provided further, That, if 2011 House Substitute for Senate Bill No. 36 is not passed by the legislature during the 2011 regular session and enacted into law, then no expenditures shall be made by the above agency from moneys appropriated by this or other appropriation act of the 2011 regular session of the legislature from the state general fund or from any such special revenue fund or funds to carry out and administer the provisions of 2011 House Substitute for Senate Bill No. 36. Sec. 108. DEPARTMENT OF HEALTH AND ENVIRONMENT DIVISION OF HEALTH CARE FINANCE (a) There is appropriated for the above agency from the state general fund for the fiscal year ending June 30, 2012, the following: Health policy operating expenditures . . . . . . . . . . . . . . . . . . . $14,482,995 Provided, That any unencumbered balance in the operating expenditures account of the Kansas health policy authority in excess of $100 as of June 30, 2011, is hereby reappropriated to the health policy operating expenditures account of the above agency for fiscal year 2012: Provided further, That expenditures shall be made from the health policy operating expenditures account of the above agency for the drug utilization review board to perform an annual review of the approved exemptions to the current single source limit by program. Office of the inspector general . . . . . . . . . . . . . . . . . . . . . . . . . . . . $78,219 Provided, That any unencumbered balance in the office of the inspector general account of the Kansas health policy authority in excess of $100 as of June 30, 2011, is hereby reappropriated to the office of the inspector general account of the above agency for fiscal year 2012. Other medical assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $539,392,132 Provided, That any unencumbered balance in the other medical assistance account of the Kansas health policy authority in excess of $100 as of June 30, 2011, is hereby reappropriated to the other medical assistance account of the above agency for fiscal year 2012: Provided further, That expenditures may be made from the other medical assistance account by the above agency for the purpose of implementing or expanding any prior authorization project: And provided further, That an evaluation of the automated implementation, savings obtained from implementation, and other outcomes of the implementation or expansion shall be submitted to the joint committee on health policy oversight prior to the start of the regular session of the legislature in 2012. Childrens health insurance program . . . . . . . . . . . . . . . . . . . . $17,293,612 Provided, That any unencumbered balance in the childrens health insurance program account of the Kansas health policy authority in excess of $100 as of June 30, 2011, is hereby reappropriated to the childrens health insurance program account of the above agency for fiscal year 2012: Provided further, That no increases shall be made to monthly premium payments for the state childrens health insurance program until approval of the increase is received by the division of health care finance of the department of health and environment from the federal centers for medicare and medicaid services. (b) There is appropriated for the above agency from the following special revenue fund or funds for the fiscal year ending June 30, 2012, all moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures other than refunds authorized by law shall not exceed the following: Preventive health care program fund . . . . . . . . . . . . . . . . . . . . $667,947 Cafeteria benefits fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That expenditures from the cafeteria benefits fund for the fiscal year ending June 30, 2012, for salaries and wages and other operating expenditures shall not exceed $1,979,603. State workers compensation self-insurance fund . . . . . . . No limit Provided, That expenditures from the state workers compensation selfinsurance fund for the fiscal year ending June 30, 2012, for salaries and wages and other operating expenditures shall not exceed $3,512,791. Dependent care assistance program fund . . . . . . . . . . . . . . . No limit Provided, That expenditures from the dependent care assistance program fund for the fiscal year ending June 30, 2012, for salaries and wages and other operating expenditures shall not exceed $430,915. Non-state employer group benefit fund . . . . . . . . . . . . . . . . . $163,931 Division of health care finance special revenue fund . . No limit Provided, That expenditures from the division of health care finance special revenue fund for the fiscal year ending June 30, 2012, for official hospitality shall not exceed $1,000. Health committee insurance fund . . . . . . . . . . . . . . . . . . . . . . . . $287,939 Health care database fee fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . $76,938
Medical programs fee fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $50,529,602 Health benefits administration clearing fundremit admin service org . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That expenditures from the health benefits administration clearing fundremit admin service org for the fiscal year ending June 30, 2012, for salaries and wages and other operating expenditures shall not exceed $7,854,305. Health insurance premium reserve fund . . . . . . . . . . . . . . . . No limit Other state fees fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $627,912 Health care access improvement fund . . . . . . . . . . . . . . . . . . . $33,300,000 Childrens health insurance program federal fund. . . . . No limit State planninghealth careuninsured fund . . . . . . . . . . No limit Demonstration to maintain independence in employment fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Medicaid infrastructure grantdisability employment federal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit HIV care formula grant federal fund . . . . . . . . . . . . . . . . . . . . No limit Medical assistance program federal fund . . . . . . . . . . . . . . . No limit Quality care fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $0 Quality based community assessment fund. . . . . . . . . . . . . No limit (c) During the fiscal year ending June 30, 2012, any moneys donated or granted to the division of health care finance of the department of health and environment and any federal funds received as match to such donations or grants by the division of health care finance of the department of health and environment for the fiscal year ending June 30, 2012, shall only be expended by the division of health care finance of the department of health and environment to assist the clearinghouse in reducing any backlogs or waiting lists, unless otherwise specified by the donor or grantor: Provided, That any donated or granted moneys, and the matching moneys received therefor from the federal centers for medicare and medicaid services, shall not be used to supplant or replace funds already budgeted for the clearinghouse or to restore any other reductions in funding to the clearinghouse or the agency, unless otherwise specified by the donor or grantor. (d) On July 1, 2011, or as soon thereafter as moneys are available, the director of accounts and reports shall transfer $2,005,697 from the medical programs fee fund to the state general fund. (e) During the fiscal year ending June 30, 2012, notwithstanding the provisions of this or any other appropriation act of the 2011 regular session of the legislature, or any other statute, no moneys appropriated for the Kansas health policy authority or the department of health and environment from the state general fund or from any special revenue fund or funds for fiscal year 2012 shall be expended by the Kansas health policy authority or the department of health and environment for the purposes of requiring, and the Kansas health policy authority or the department of health and environment shall not require, an individual, who is currently prescribed medications for mental health purposes in the MediKan program, to change prescriptions under a preferred drug formulary during the fiscal year ending June 30, 2012: Provided, That all prescriptions paid for by the MediKan program during fiscal year 2012 shall be filled pursuant to subsection (a) of K.S.A. 65-1637, and amendments thereto: Provided further, That the Kansas health policy authority and the department of health and environment shall follow the existing prior authorization protocol for reimbursement of prescriptions for the MediKan program for fiscal year 2012: And provided further, That the Kansas health policy authority and the department of health and environment shall not expend any moneys appropriated from the state general fund or any special revenue fund or funds for fiscal year 2012, as authorized by this or other appropriation act of the 2011 regular session of the legislature, to implement or maintain a preferred drug formulary for medications prescribed for mental health purposes to individuals in the MediKan program during fiscal year 2012. (f) Notwithstanding the provisions of K.S.A. 75-6501 et seq., and amendments thereto, or any other statute, there is hereby established and imposed a 2.5% surcharge on the amount of the employee payroll deduction by state employees for participation in the state health care benefits program pursuant to K.S.A. 75-6506, and amendments thereto, for the plan year commencing January 1, 2012, in accordance with this subsection: Provided, That the surcharge shall be applied to the amount required for the participation of the state employee for the coverages and other elections under the state health care benefits program for plan year 2012 that are selected by the state employee: Provided further, That the amount of the surcharge shall be added to the amount otherwise required for participation in accordance with the state employee selections and the resulting aggregate amount shall constitute the amount of the payroll deduction under K.S.A. 75-6506, and amendments thereto, for the state employee: And provided further, That, prior to June 10, 2012, the director of health care finance of the department of health and en-
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vironment shall certify the aggregate amount of all proceeds of such surcharge for fiscal year 2012 to the director of accounts and reports and shall transmit a copy of such certification to the director of legislative research: And provided further, That, on June 10, 2012, pursuant to such certification, the director of accounts and reports shall transfer the aggregate amount of the proceeds collected for the surcharge for fiscal year 2012 from the health benefits administration clearing fundremit to admin service org fund of the division of health care finance of the department of health and environment to the state general fund: And provided further, That such surcharge shall be imposed for the purpose of reimbursing the state general fund for support relating to operation and maintenance of the state health care benefits program. Sec. 109. DEPARTMENT OF HEALTH AND ENVIRONMENT DIVISION OF ENVIRONMENT (a) There is appropriated for the above agency from the state general fund for the fiscal year ending June 30, 2012, the following: Operating expenditures (including official hospitality) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $6,931,329 Provided, That any unencumbered balance in the operating expenditures (including official hospitality) account of the department of health and environmentdivision of environment in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012. Local environmental protection program . . . . . . . . . . . . . . . $750,000 (b) There is appropriated for the above agency from the following special revenue fund or funds for the fiscal year ending June 30, 2012, all moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures other than refunds authorized by law shall not exceed the following: Radiation control operations fee fund . . . . . . . . . . . . . . . . . . . No limit Mined-land conservation and reclamation fee fund . . . No limit Publication fee fundenvironment . . . . . . . . . . . . . . . . . . . . . . No limit Solid waste management fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That expenditures may be made from the solid waste management fund during the fiscal year ending June 30, 2012, for official hospitality: Provided further, That such expenditures for official hospitality shall not exceed $2,500. Public water supply fee fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Voluntary cleanup fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Storage tank fee fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Air quality fee fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Hazardous waste collection fund. . . . . . . . . . . . . . . . . . . . . . . . . No limit Power generating facility fee fund . . . . . . . . . . . . . . . . . . . . . . . No limit Health and environment training fee fund environment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That expenditures may be made from the health and environment training fee fundenvironment for acquisition and distribution of division of environment program literature and films and for participation in or conducting training seminars for training employees of the division of environment of the department of health and environment, for training recipients of state aid from the division of environment of the department of health and environment and for training representatives of industries affected by rules and regulations of the department of health and environment relating to the division of environment: Provided further, That the secretary of health and environment is hereby authorized to fix, charge and collect fees in order to recover costs incurred for such acquisition and distribution of literature and films and for the operation of such seminars: And provided further, That such fees may be fixed in order to recover all or part of such costs: And provided further, That all moneys received from such fees shall be deposited in the state treasury in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, and shall be credited to the health and environment training fee fundenvironment: And provided further, That, in addition to the other purposes for which expenditures may be made by the department of health and environment for the division of environment from moneys appropriated from the health and environment training fee fundenvironment for fiscal year 2012, expenditures may be made by the department of health and environment from the health and environment training fee fundenvironment for fiscal year 2012 for agency operations for the division of environment. Driving under the influence equipment fund. . . . . . . . . . . No limit Waste tire management fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Health and environment publication fee fund environment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That expenditures from the health and environment publication fee fundenvironment shall be made only for the purpose of pay-
ing the expenses of publishing documents as required by K.S.A. 75-5662, and amendments thereto. Local air quality control authority regulation services fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Surface mining fee fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Environmental response fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Sponsored project overhead fundenvironment . . . . . . No limit No limit Chemical control fee fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . QuantiFERON TB laboratory fund . . . . . . . . . . . . . . . . . . . . . . . No limit Resource conservation and recovery actfederal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit EPA water protectionSTAGfederal fund . . . . . . . . . . . No limit Superfund state cooperative agreementsfederal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Water supplyfederal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Air quality section 103federal fund. . . . . . . . . . . . . . . . . . . . No limit EPAcore supportfederal fund. . . . . . . . . . . . . . . . . . . . . . . . No limit Network exchange grantfederal fund . . . . . . . . . . . . . . . . . No limit ARRA Kansas clean diesel assistance program grant federal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Multi-media capacity buildingfederal fund . . . . . . . . . . No limit Brownfields assistance cleanup cooperativefederal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Performance partnership grantsfederal fund . . . . . . . . . No limit Lab TB testing expansionfederal fund. . . . . . . . . . . . . . . . . No limit Kansas clean diesel grantfederal fund. . . . . . . . . . . . . . . . . No limit Air quality programfederal fund . . . . . . . . . . . . . . . . . . . . . . No limit Section 106 monitoring initiativefederal fund . . . . . . . . No limit Air quality section 105federal fund. . . . . . . . . . . . . . . . . . . . No limit Leaking underground storage tank trustfederal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Surface mining control and reclamation actfederal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Abandoned mined-landfederal fund . . . . . . . . . . . . . . . . . . No limit Department of defense and state cooperative agreementfederal fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit EPA non-point sourcefederal fund . . . . . . . . . . . . . . . . . . . . No limit Pollution prevention programfederal fund . . . . . . . . . . . No limit EPA operator expense reimbursement for drinking waterfederal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit EPA water monitoringfederal fund . . . . . . . . . . . . . . . . . . . No limit Gifts, grants and donations fundenvironment . . . . . . . No limit Special bequest fundenvironment . . . . . . . . . . . . . . . . . . . . . No limit Aboveground petroleum storage tank release trust fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Underground petroleum storage tank release trust fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Drycleaning facility release trust fund . . . . . . . . . . . . . . . . . . . No limit Public water supply loan fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Public water supply loan operations fund . . . . . . . . . . . . . . No limit Kansas water pollution control revolving fund. . . . . . . . . No limit Provided, That the proceeds from revenue bonds issued by the Kansas development finance authority to provide matching grant payments under the federal clean water act of 1987 (P.L.92-500) shall be credited to the Kansas water pollution control revolving fund: Provided further, That expenditures from this fund shall be made to provide for the payment of such matching grants. Kansas water pollution control operations fund . . . . . . . No limit Cost of issuance fund for Kansas water pollution control revolving fund revenue bonds . . . . . . . . . . . . . . . . . . . No limit Surcharge fund for Kansas water pollution control revolving fund revenue bonds . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Surcharge operations fund for Kansas water pollution control revolving fund revenue bonds. . . . . . . . . . . . . . . No limit Debt service reserve fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit EPA water related grantsfederal fund. . . . . . . . . . . . . . . . . No limit Provided, That no moneys from any grant that requires the matching expenditure of any other moneys in the state treasury during the current or any ensuing fiscal year shall be deposited to the credit of the EPA water related grantsfederal fund. Chemical controlfederal fund . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Subsurface hydrocarbon storage fund . . . . . . . . . . . . . . . . . . . No limit Clean air leadershipfederal fund. . . . . . . . . . . . . . . . . . . . . . . No limit Natural resources damages trust fund. . . . . . . . . . . . . . . . . . . No limit Hazardous waste management fund. . . . . . . . . . . . . . . . . . . . . No limit Brownfields revolving loan programfederal fund . . . No limit Mined-land reclamation fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit (continued)
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Abandoned mine landfederal fund . . . . . . . . . . . . . . . . . . . No limit Operator outreach training programfederal fund . . . No limit Underground storage tankfederal fund . . . . . . . . . . . . . . . No limit EPA underground injection controlfederal fund. . . . . No limit Laboratory medicaid cost recovery fund environment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Diagnostic X-ray programfederal fund . . . . . . . . . . . . . . . No limit EPA state response programfederal fund. . . . . . . . . . . . . No limit Environmental use control fund . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Environmental response remedial activity specific sitesfederal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Emergency environmental responsenonspecific sites federal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Chemical controlfederal fund . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Medicare programenvironmentfederal fund. . . . . . . No limit EPA pollution preventionfederal fund . . . . . . . . . . . . . . . . No limit Inspections Kansas infrastructure projectsfederal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Marais Des Cygnes targeted watershed projectfederal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Healthy watershed initiativefederal fund. . . . . . . . . . . . . No limit Salt solution mining well plugging fund . . . . . . . . . . . . . . . . No limit Kansas essential fuels supply trust fund . . . . . . . . . . . . . . . . No limit (c) There is appropriated for the above agency from the state water plan fund for the fiscal year ending June 30, 2012, for the state water plan project or projects specified as follows: Contamination remediation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $790,118 Provided, That any unencumbered balance in the contamination remediation account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012. TMDL initiatives and use attainability analysis . . . . . . . . $237,097 Provided, That any unencumbered balance in the TMDL initiatives and use attainability analysis account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012. Watershed restoration and protection plan . . . . . . . . . . . . . $716,351 Provided, That any unencumbered balance in the watershed restoration and protection plan account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012. Nonpoint source program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $374,044 Provided, That any unencumbered balance in the nonpoint source program account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012. (d) There is appropriated for the above agency from the childrens initiatives fund for the fiscal year ending June 30, 2012, for the project specified as follows: Newborn screening. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,862,846 (e) During the fiscal year ending June 30, 2012, the secretary of health and environment, with the approval of the director of the budget, may transfer any part of any item of appropriation for fiscal year 2012 from the state water plan fund for the department of health and environmentdivision of environment to another item of appropriation for fiscal year 2012 from the state water plan fund for the department of health and environmentdivision of environment: Provided, That the secretary of health and environment shall certify each such transfer to the director of accounts and reports and shall transmit a copy of each such certification to the director of legislative research, the chairperson of the house of representatives agriculture and natural resources budget committee and the chairperson of the subcommittee on health and environment/human resources of the senate committee on ways and means. (f) During the fiscal year ending June 30, 2012, notwithstanding the provisions of K.S.A. 65-3024, and amendments thereto, the director of accounts and reports shall not make the transfers of amounts of interest earnings from the state general fund to the air quality fee fund of the department of health and environment which are directed to be made on or before the tenth day of each month by K.S.A. 65-3024, and amendments thereto. (g) On July 1, 2011, and on other occasions during fiscal year 2012 when necessary, the director of accounts and reports shall transfer amounts specified by the secretary of health and environment, which amounts constitute reimbursements, credits and other amounts received by the department of health and environment for activities related to federal programs, from specified special revenue funds of the department of health and environmentdivision of health or of the department of health and environmentdivision of environment, to the
sponsored project overhead fundenvironment of the department of health and environmentdivision of environment. (h) During the fiscal year ending June 30, 2012, the director of accounts and reports shall transfer an amount or amounts specified by the secretary of health and environment from any one or more special revenue funds of the department of health and environmentdivision of environment, which have available moneys, to the sponsored project overhead fundenvironment of the department of health and environmentdivision of environment or to the sponsored project overhead fundhealth of the department of health and environmentdivision of health, as the case may be, for expenditures for administrative expenses. (i) During the fiscal year ending June 30, 2012, the secretary of health and environment, with approval of the director of the budget, may transfer any part of any item of appropriation for fiscal year 2012 from the state general fund for the department of health and environment division of health or the department of health and environmentdivision of environment to another item of appropriation for fiscal year 2012 from the state general fund for the department of health and environmentdivision of health or the department of health and environmentdivision of environment. The secretary of health and environment shall certify each such transfer to the director of accounts and reports and shall transmit a copy of each such certification to the director of legislative research. (j) During the fiscal year ending June 30, 2012, the amounts transferred by the director of accounts and reports from each of the special revenue funds of the department of health and environmentdivision of environment to the sponsored project overhead fundenvironment of the department of health and environmentdivision of environment pursuant to this section may include amounts equal to not more than 25% of the expenditures from such special revenue fund, excepting expenditures for contractual services. (k) In addition to the other purposes for which expenditures may be made by the department of health and environmentdivision of environment from moneys appropriated from the state general fund or from any special revenue fund or funds for fiscal year 2012 by this or other appropriation act of the 2011 regular session of the legislature, expenditures shall be made by the department of health and environmentdivision of environment from the state general fund or from any special revenue fund or funds for fiscal year 2012 for the purpose of seeking a solution to clean up the sewer water contamination problems in certain property in the city of Eudora. Sec. 110. DEPARTMENT ON AGING (a) There is appropriated for the above agency from the state general fund for the fiscal year ending June 30, 2012, the following: Administration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,254,080 Provided, That any unencumbered balance in the administration account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012: Provided, however, That expenditures from this account for official hospitality shall not exceed $550. Administrationassessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $70,880 Provided, That any unencumbered balance in the administrationassessments account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012. AdministrationassessmentsLevel II care. . . . . . . . . . . . $42,946 Provided, That any unencumbered balance in the administrationassessmentsLevel II care account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012. AdministrationassessmentsLevel I care . . . . . . . . . . . . $354,783 Provided, That any unencumbered balance in the administrationassessmentsLevel I care account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012. Administrationmedicaid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,381,904 Provided, That any unencumbered balance in the administrationmedicaid account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012. Administrationolder Americans act match . . . . . . . . . . . $102,634 Provided, That any unencumbered balance in the administrationolder Americans act match account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012. Senior care act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $446,587 Provided, That any unencumbered balance in the senior care act account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012: Provided further, That each grant agreement with an area
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agency on aging for a grant from the senior care act account shall require the area agency on aging to submit to the secretary of aging a report for fiscal year 2011 by the area agency on aging which shall include information about the kinds of services provided and the number of persons receiving each kind of service during fiscal year 2011: And provided further, That the secretary of aging shall submit to the senate committee on ways and means and the house of representatives committee on appropriations at the beginning of the 2012 regular session of the legislature a report of the information contained in such reports from the area agencies on aging on expenditures for fiscal year 2011: And provided further, That all people receiving or applying for services that are funded, either partially or entirely, through expenditures from this account shall be placed in appropriate services which are determined to be the most economical services available with regard to state general fund expenditures. Program grantsnutritionstate match . . . . . . . . . . . . . . . . $3,545,725 Provided, That any unencumbered balance in the program grantsnutritionstate match account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012: Provided further, That each grant agreement with an area agency on aging for a grant from the program grantsnutritionstate match account shall require the area agency on aging to submit to the secretary of aging a report for federal fiscal year 2011 by the area agency on aging which shall include information about the kinds of services provided and the number of persons receiving each kind of service during federal fiscal year 2011: And provided further, That the secretary of aging shall submit to the senate committee on ways and means and the house of representatives committee on appropriations at the beginning of the 2012 regular session of the legislature a report of the information contained in such reports from the area agencies on aging on expenditures for federal fiscal year 2011: And provided further, That all people receiving or applying for services that are funded, either partially or entirely, through expenditures from this account shall be placed in appropriate services which are determined to be the most economical services available with regard to state general fund expenditures. LTCmedicaid assistanceTCM/FE . . . . . . . . . . . . . . . . . . . . $2,200,000 Provided, That any unencumbered balance in the LTCmedicaid assistanceTCM/FE account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012: Provided further, That all people receiving or applying for services that are funded, either partially or entirely, through expenditures from the LTCmedicaid assistance TCM/FE account shall be placed in appropriate services which are determined to be the most economical services available with regard to state general fund expenditures. LTCmedicaid assistanceHCBS/FE . . . . . . . . . . . . . . . . . . . $31,936,854 Provided, That any unencumbered balance in the LTCmedicaid assistanceHCBS/FE account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012: Provided further, That all people receiving or applying for services that are funded, either partially or entirely, through expenditures from the LTCmedicaid assistance HCBS/FE account shall be placed in appropriate services which are determined to be the most economical services available with regard to state general fund expenditures. LTCmedicaid assistanceNF . . . . . . . . . . . . . . . . . . . . . . . . . . $166,000,000 Provided, That any unencumbered balance in the LTCmedicaid assistanceNF account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012: Provided further, That all people receiving or applying for services that are funded, either partially or entirely, through expenditures from this account shall be placed in appropriate services which are determined to be the most economical services available with regard to state general fund expenditures: And provided further, That notwithstanding the provisions of K.S.A. 2010 Supp. 75-5958, and amendments thereto, or any other statute, and subject to appropriations, the secretary of aging shall institute trending methods to provide rate increases for nursing facilities for fiscal year 2012. LTCmedicaid assistancePACE . . . . . . . . . . . . . . . . . . . . . . . $2,142,109 Provided, That any unencumbered balance in the LTCmedicaid assistancePACE account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012: Provided further, That all expenditures made from the LTCmedicaid assistancePACE account shall be for the PACE program: And provided further, That all people receiving or applying for services that are funded, either partially or entirely, through expenditures from this account shall be placed in appropriate services which are determined to be the most economical services available with regard to state general fund expenditures. Nursing facilities regulation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $229,768
Provided, That any unencumbered balance in the nursing facilities regulation account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012. Nursing facilities regulationtitle XIX . . . . . . . . . . . . . . . . . . $859,256 Provided, That any unencumbered balance in the nursing facilities regulationtitle XIX account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012. Any unencumbered balance in the LTCmedicaid assistanceMFP account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012. (b) There is appropriated for the above agency from the following special revenue fund or funds for the fiscal year ending June 30, 2012, all moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures shall not exceed the following: AoA demonstration lifespan respite project. . . . . . . . . . . . . No limit Community putting prevention to work . . . . . . . . . . . . . . . . No limit Special program for aging IIIBfederal fund . . . . . . . . . . No limit Special program for aging IIICfederal fund . . . . . . . . . . No limit Special program for aging IIIDfederal fund . . . . . . . . . . No limit National family caregiver support program IIIEfederal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Special program for aging IV & IIfederal fund . . . . . . No limit Special program for aging VII-2federal fund . . . . . . . . . No limit Special program for aging VII-3federal fund . . . . . . . . . No limit Alzheimers disease fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Survey & Certificationfederal fund . . . . . . . . . . . . . . . . . . . . No limit Center for medicare/medicaid servicefederal fund . . No limit Money follows the person grantfederal fund . . . . . . . . No limit Medicaid assistance programfederal fund . . . . . . . . . . . . No limit Provided, That transfers of moneys from the title XIX fundfederal to the state fire marshal may be made during fiscal year 2012 pursuant to a contract which is hereby authorized to be entered into by the secretary of aging with the state fire marshal to provide fire and safety inspections for adult care homes and hospitals. Social service block grant fund . . . . . . . . . . . . . . . . . . . . . . . . . . . $4,399,305 Provided, That each grant agreement with an area agency on aging for a grant from the senior care actsocial service block grant fund shall require the area agency on aging to submit to the secretary of aging a report for fiscal year 2011 by the area agency on aging which shall include information about the kinds of services provided and the number of persons receiving each kind of service during fiscal year 2011: Provided further, That the secretary of aging shall submit to the senate committee on ways and means and the house of representatives committee on appropriations at the beginning of the 2012 regular session of the legislature a report of the information contained in such reports from the area agencies on aging on expenditures for fiscal year 2011: And provided further, That all people receiving or applying for services that are funded, either partially or entirely, through expenditures from this fund shall be placed in appropriate services which are determined to be the most economical services available. Nutrition service incentive program fundfederal . . . . No limit Senior citizen nutrition check-off fund. . . . . . . . . . . . . . . . . . . No limit Conferences and workshops attendance and publications fees fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That the secretary of aging is hereby authorized to fix, charge and collect conference and workshop attendance fees for conferences and workshops sponsored by the department on aging and fees for copies of publications: Provided further, That such fees shall be deposited in the state treasury in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, and shall be credited to the conferences and workshops attendance and publications fees fund: And provided further, That expenditures may be made from this fund to defray all or part of the costs of such conferences and workshops including official hospitality and of such publications. Health policy nursing facility quality care fund . . . . . . . . $19,577,801 Provided, That the secretary of aging, acting as the agent of the Kansas health policy authority, is hereby authorized to collect the quality care assessment under K.S.A. 2010 Supp. 75-7435, and amendments thereto, and notwithstanding the provisions of K.S.A. 2010 Supp. 75-7435, and amendments thereto, all moneys received for such quality care assessments shall be deposited in the state treasury to the credit of the health policy nursing facility quality care fund: Provided further, That all moneys in the health policy nursing facility quality care fund shall be used to finance initiatives to maintain or improve the quantity and quality of (continued)
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skilled nursing care in skilled nursing care facilities in Kansas in accordance with K.S.A. 2010 Supp. 75-7435, and amendments thereto. State licensure fee fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,368,771 General fees fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That the secretary of aging is hereby authorized to collect (1) fees from the sale of surplus property, (2) fees charged for searching, copying and transmitting copies of public records, (3) fees paid by employees for personal long distance calls, postage, faxed messages, copies and other authorized uses of state property, and (4) other miscellaneous fees: Provided further, That such fees shall be deposited in the state treasury in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, and shall be credited to the general fees fund: And provided further, That expenditures shall be made from this fund to meet the obligations of the department on aging, or to benefit and meet the mission of the department on aging. Gifts and donations fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That the secretary of aging is hereby authorized to receive gifts and donations of money for services to senior citizens or purposes related thereto: Provided further, That such gifts and donations of money shall be deposited in the state treasury and credited to the gifts and donations fund. Medical resources and collection fund. . . . . . . . . . . . . . . . . . . No limit Provided, That all moneys received or collected by the secretary of aging due to medicaid overpayments shall be deposited in the state treasury and credited to the medical resources and collection fund and expenditures from such fund shall be made for medicaid program-related expenses and used to reduce state general fund outlays for the medicaid program: Provided further, That all moneys received or collected by the secretary of aging due to civil monetary penalty assessments against adult care homes shall be deposited in the state treasury and credited to this fund and expenditures from such fund shall be made to protect the health or property of adult care home residents as required by federal law. SHICK fundgrantsfederal . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Senior services fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Long-term care loan and grant fund . . . . . . . . . . . . . . . . . . . . . No limit Intergovernmental transfer administration fund . . . . . . . $0 Non-government grant fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Health facilities review fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Medicare enrollment assistance program fund federal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit (c) During the fiscal year ending June 30, 2012, the secretary of aging, with the approval of the director of the budget, may transfer any part of any item of appropriation for fiscal year 2012 from the state general fund for the department on aging to another item of appropriation for fiscal year 2012 from the state general fund for the department on aging. The secretary of aging shall certify each such transfer to the director of accounts and reports and shall transmit a copy of each such certification to the director of legislative research. (d) In addition to the other purposes for which expenditures may be made by the department of social and rehabilitation services from moneys appropriated from the state general fund or any special revenue fund for fiscal year 2012 for the department of social and rehabilitation services and in addition to the other purposes for which expenditures may be made by the department of health and environmentdivision of health from moneys appropriated from the state general fund or any special revenue fund for fiscal year 2012 for the department of health and environmentdivision of health, as authorized by this or other appropriation act of the 2011 regular session of the legislature, expenditures may be made by the secretary of social and rehabilitation services and the secretary of health and environment for fiscal year 2012 to enter into a contract with the secretary of aging, which is hereby authorized and directed to be entered into by such secretaries, to provide for the secretary of aging to perform the powers, duties, functions and responsibilities prescribed by and to conduct investigations pursuant to K.S.A. 39-1404, and amendments thereto, in conjunction with the performance of such powers, duties, functions, responsibilities and investigations by the secretary of social and rehabilitation services and the secretary of health and environment under such statute, with respect to reports of abuse, neglect or exploitation of residents or reports of residents in need of protective services on behalf of the secretary of social and rehabilitation services or the secretary of health and environment, as the case may be, in accordance with and pursuant to K.S.A. 39-1404, and amendments thereto, during fiscal year 2012: Provided, That, in addition to the other purposes for which expenditures may be made by the department on aging from moneys appropriated from the state general fund or any special revenue fund for fiscal year 2012 for the department on aging,
as authorized by this or other appropriation act of the 2011 regular session of the legislature, expenditures shall be made by the secretary of aging for fiscal year 2012 to provide for the performance of such powers, duties, functions and responsibilities and to conduct such investigations: Provided further, That, the words and phrases used in this subsection shall have the meanings respectively ascribed thereto by K.S.A. 39-1401, and amendments thereto. (e) During the fiscal year ending June 30, 2012, the director of accounts and reports shall transfer the amounts specified by the director of the budget from the LTCmedicaid assistanceNF account of the state general fund of the department on aging to the LTCmedicaid assistanceHCBS/FE account of the state general fund of the department on aging or to the community based services account of the department of social and rehabilitation services: Provided, That such amounts to be transferred shall be certified by the director of the budget on December 1, 2011, and on June 1, 2012, to reflect the nursing facility rate paid for persons moving from a nursing facility to the home and community-based services waiver for the physically disabled or the frail elderly for the six months preceding the date of certification: Provided further, That each of the individuals transferred must meet the requirements described in a policy jointly developed by the secretary of aging and the secretary of social and rehabilitation services governing the operations of this transfer: And provided further, That the director of the budget shall transmit a copy of each such certification to the director of legislative research: And provided further, That the department of social and rehabilitation services shall report to the legislature at the beginning of the regular session in 2012 with expenditure data regarding this program. Sec. 111. DEPARTMENT OF SOCIAL AND REHABILITATION SERVICES (a) There is appropriated for the above agency from the state general fund for the fiscal year ending June 30, 2012, the following: State operations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $105,476,511 Provided, That any unencumbered balance in the state operations account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012: Provided further, That expenditures may be made from this account for the purchase of professional liability insurance for physicians and dentists at any institution, as defined by K.S.A. 76-12a01, and amendments thereto: And provided further, That expenditures from this account for official hospitality by the secretary of social and rehabilitation services shall not exceed $500: And provided further, That expenditures shall be made from this account to contract with Kansas legal services for the purpose of providing legal representation and disability determination case management: And provided further, That in addition to the other purposes for which expenditures may be made by the above agency from the state operations account for fiscal year 2012, expenditures shall be made by the above agency from the state operations account for fiscal year 2012 to report, at least quarterly during such fiscal year, to the legislative budget committee concerning the budget and financial status of the department of social and rehabilitation services and any other matter the committee may request. Alcohol and drug abuse services grants . . . . . . . . . . . . . . . . . $3,029,539 Provided, That any unencumbered balance in the alcohol and drug abuse services grants account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012. Mental health and retardation services aid and assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $168,131,167 Provided, That any unencumbered balance in the mental health and retardation services aid and assistance account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012. Kansas neurological instituteoperating expenditures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $10,474,409 Provided, That any unencumbered balance in the Kansas neurological instituteoperating expenditures account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012: Provided, however, That expenditures from the Kansas neurological instituteoperating expenditures account for official hospitality by the superintendent shall not exceed $150: Provided further, That expenditures shall be made from this account to assist residents of the institution to take personally-used items, which were constructed for use by such residents and which are hereby authorized to be transferred to such residents, from the institution to communities when such residents leave the institution to reside in the communities. Larned state hospitaloperating expenditures. . . . . . . . . $30,559,790 Provided, That any unencumbered balance in the Larned state hospital operating expenditures account in excess of $100 as of June 30, 2011, is
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hereby reappropriated for fiscal year 2012: Provided, however, That expenditures from the Larned state hospitaloperating expenditures account for official hospitality by the superintendent shall not exceed $150: Provided further, That expenditures may be made from this account for educational services contracts which are hereby authorized to be negotiated and entered into by Larned state hospital with unified school districts or other public educational services providers: And provided further, That such educational services contracts shall not be subject to the competitive bidding requirements of K.S.A. 75-3739, and amendments thereto. Larned state hospitalsexual predator treatment program. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $12,990,675 Provided, That any unencumbered balance in the Larned state hospital sexual predator treatment program account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012. Osawatomie state hospitaloperating expenditures . . $14,481,332 Provided, That any unencumbered balance in the Osawatomie state hospitaloperating expenditures account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012: Provided further, That expenditures from the Osawatomie state hospitaloperating expenditures account for official hospitality by the superintendent shall not exceed $150. Parsons state hospital and training centeroperating expenditures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $10,373,289 Provided, That any unencumbered balance in the Parsons state hospital and training centeroperating expenditures account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012: Provided further, That expenditures from the Parsons state hospital and training centeroperating expenditures account for official hospitality by the superintendent shall not exceed $150: And provided further, That expenditures may be made from this account for educational services contracts which are hereby authorized to be negotiated and entered into by Parsons state hospital and training center with unified school districts or other public educational services providers: And provided further, That such educational services contracts shall not be subject to the competitive bidding requirements of K.S.A. 75-3739, and amendments thereto: And provided further, That expenditures shall be made from this account to assist residents of the institution to take personally-used items, which were constructed for use by such residents and which are hereby authorized to be transferred to such residents, from the institution to communities when such residents leave the institution to reside in the communities. Rainbow mental health facilityoperating expenditures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $4,536,818 Provided, That any unencumbered balance in the Rainbow mental health facilityoperating expenditures account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012: Provided further, That expenditures from the Rainbow mental health facilityoperating expenditures account for official hospitality by the superintendent shall not exceed $150. Childrens mental health initiative . . . . . . . . . . . . . . . . . . . . . . . $1,408,418 Provided, That any unencumbered balance in the childrens mental health initiative account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012: Provided, however, That no expenditures shall be made from the childrens mental health initiative account for inpatient hospital beds for children. Youth services aid and assistance . . . . . . . . . . . . . . . . . . . . . . . . $99,098,413 Provided, That any unencumbered balance in the youth services aid and assistance account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012. Vocational rehabilitation aid and assistance . . . . . . . . . . . . $5,965,139 Provided, That any unencumbered balance in the vocational rehabilitation aid and assistance account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012: Provided further, That expenditures may be made from this account for the acquisition of durable medical equipment and assistive technology devices: Provided, however, That all such expenditures for durable equipment or assistive technology devices shall require a $1 for $1 match from non-state sources: And provided further, That expenditures may be made from this account by the secretary of social and rehabilitation services for the purchase of workers compensation insurance for consumers of vocational rehabilitation services and assessments at work site and job tryout sites throughout the state. Cash assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $46,069,941
Provided, That any unencumbered balance in the cash assistance account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012. Community based services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $87,187,295 Provided, That any unencumbered balance in the community based services account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012. Other medical assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $120,322,135 Provided, That any unencumbered balance in the other medical assistance account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012. Community mental health centers supplemental funding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,347,363 Provided, That any unencumbered balance in the community mental health centers supplemental funding account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012. (b) There is appropriated for the above agency from the following special revenue fund or funds for the fiscal year ending June 30, 2012, all moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures shall not exceed the following: Title XIX fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $46,752,996 Provided, That all receipts resulting from payments under title XIX of the federal social security act to any of the institutions under mental health and retardation services may be credited to the title XIX fund: Provided further, That moneys in the title XIX fund may be used for expenditures for contractual services to provide for collecting additional payments under title XVIII and title XIX of the federal social security act and for expenditures for premiums and surcharges required to be paid for physicians malpractice insurance. Nonfederal reimbursements fund . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That all nonfederal reimbursements received by the department of social and rehabilitation services shall be deposited in the state treasury and credited to the nonfederal reimbursements fund: Provided further, That moneys in the nonfederal reimbursements fund may be used for expenditures for contractual services to provide for collecting additional payments under title XVIII and title XIX of the federal social security act, for expenditures for premiums and surcharges required to be paid for physicians malpractice insurance, and for transfers to the social welfare fund. Kansas neurological institute fee fund . . . . . . . . . . . . . . . . . . . $1,596,227 Kansas neurological institutefoster grandparents programfederal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Kansas neurological instituteFGP gifts, grants, donations special . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Kansas neurological instituteFGP gifts, grants, donations fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Kansas neurological institutepatient benefit fund . . . No limit Kansas neurological institutework therapy patient benefit fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Kansas neurological instituteconferences fees fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That all moneys received as fees for conference activities by Kansas neurological institute shall be deposited in the state treasury in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, and shall be credited to the Kansas neurological instituteconferences fees fund: Provided further, That the superintendent of Kansas neurological institute is hereby authorized to fix, charge and collect fees for conference activities sponsored by Kansas neurological institute: And provided further, That expenditures may be made from this fund to defray the costs of such conference activities. Larned state hospital fee fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . $4,466,620 Larned state hospitalelementary and secondary education fundfederal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Larned state hospitalvocational education fund federal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Larned state hospitalECIA fundfederal . . . . . . . . . . . . No limit Larned state hospitalmotor pool revolving fund . . . . No limit Larned state hospital work therapy patient benefit fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Larned state hospitalcanteen fund. . . . . . . . . . . . . . . . . . . . . No limit Larned state hospitalpatient benefit fund. . . . . . . . . . . . . No limit Osawatomie state hospitalECIA fundfederal . . . . . . No limit Osawatomie state hospitalcanteen fund . . . . . . . . . . . . . . No limit Osawatomie state hospitalpatient benefit fund . . . . . . No limit (continued)
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Osawatomie state hospitalwork therapy patient benefit fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Osawatomie state hospitalmotor pool revolving fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Osawatomie state hospitaltraining fee revolving fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That all moneys received as fees for training activities for Osawatomie state hospital shall be deposited in the state treasury in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, and shall be credited to the Osawatomie state hospitaltraining fee revolving fund: Provided further, That the superintendent of Osawatomie state hospital is hereby authorized to fix, charge and collect fees for training activities at Osawatomie state hospital: And provided further, That such fees shall be fixed in order to recover all or part of the expenses of such training activities for Osawatomie state hospital. Osawatomie state hospital fee fund . . . . . . . . . . . . . . . . . . . . . . $9,016,254 Provided, That all moneys received as fees for the use of video teleconferencing equipment at Osawatomie state hospital shall be deposited in the state treasury in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, and shall be credited to the video teleconferencing fee account of the Osawatomie state hospital fee fund: Provided further, That all moneys credited to the video teleconferencing fee account shall be used solely for the servicing, technical and program support, maintenance and replacement of associated equipment at Osawatomie state hospital: And provided further, That any expenditures from the video teleconferencing fee account shall be in addition to any expenditure limitation imposed on the Osawatomie state hospital fee fund. Parsons state hospital and training centercanteen fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Parsons state hospital and training centerpatient benefit fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Parsons state hospital and training centerwork therapy patient benefit fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Parsons state hospital and training center fee fund . . . . $1,354,867 Provided, That all moneys received as fees for the use of video teleconferencing equipment at Parsons state hospital and training center shall be deposited in the state treasury in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, and shall be credited to the video teleconferencing fee account of the Parsons state hospital and training center fee fund: Provided further, That all moneys credited to the video teleconferencing fee account shall be used solely for the servicing, maintenance and replacement of video teleconferencing equipment at Parsons state hospital and training center: And provided further, That any expenditures from the video teleconferencing fee account shall be in addition to any expenditure limitation imposed on the Parsons state hospital and training center fee fund. Rainbow mental health facility fee fund. . . . . . . . . . . . . . . . . $2,469,445 Rainbow mental health facilitypatient benefit fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Rainbow mental health facilitywork therapy patient benefit fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Social services clearing fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Social welfare fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $29,083,212 Other state fees fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Substance abuse/mental health services federal fund . . No limit Child welfare services state grants federal fund. . . . . . . . No limit Community mental health block grant federal fund . . . No limit Social services block grantfederal fund . . . . . . . . . . . . . . . No limit Child care/development block grant federal fund. . . . . . No limit Money follows the person grant federal fund . . . . . . . . . . No limit Temporary assistance to needy families federal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Prevention/treatment substance abuse federal fund . . . No limit Promoting safe/stable families federal fund . . . . . . . . . . . . . No limit Title IVE foster care federal fund . . . . . . . . . . . . . . . . . . . . . . . . . No limit Medical assistance program federal fund . . . . . . . . . . . . . . . No limit Rehabilitation servicesvocational rehabilitation federal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Enhance child safetyparental substance abuse federal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit SRS enterprise fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit SRS trust fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Problem gambling and addictions grant fund . . . . . . . . . . No limit Child support enforcement federal fund . . . . . . . . . . . . . . . . No limit Energy assistance block grant federal fund . . . . . . . . . . . . . No limit Family and children trust accountfamily and children investment fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit
Provided, That expenditures from the family and children trust accountfamily and children investment fund for official hospitality shall not exceed $1,500. Low-income home energy assistance federal fund . . . . . No limit Commodity supp food program federal fund . . . . . . . . . . No limit Social securitydisability insurance federal fund. . . . . . No limit Supplemental nutrition assistance program federal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Emergency food assistance program federal fund . . . . . No limit Child care and development mandatory and matching federal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Community-based child abuse prevention grants federal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Chafee education and training vouchers program federal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Title IV-E FDF federal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Adoption incentive payments federal fund . . . . . . . . . . . . . No limit State sexual assault and domestic violence coalitions grants federal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Public health/social services emergency response federal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Assistance in transition from homelessness federal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Adoption assistance federal fund. . . . . . . . . . . . . . . . . . . . . . . . . No limit Chafee foster care independence program federal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Traumatic brain injury state demonstration grant program federal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Refugee and entrant assistance federal fund . . . . . . . . . . . . No limit Head start federal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Developmental disabilities basic support federal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Childrens justice grants to states federal fund . . . . . . . . . No limit Child abuse and neglect state grants federal fund . . . . . No limit Alternatives to psych. resid. treatment facilities for children federal fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Independent living state grants federal fund . . . . . . . . . . . No limit Independent living services for older blind federal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Supported employment for individuals with severe disabilities federal fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Rehabilitation traininggeneral training federal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit CMS research, demonstration and evaluations federal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Administrative matching grants for food assistance program federal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Temporary assistance for needy families emergency funds federal fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Rehabilitation servicesvocational rehabilitation ARRA federal fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Independent living older blindARRA federal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Substance abuse performance outcome grant federal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Prevention fellowship program grant federal fund . . . . No limit Federal Olmstead grant federal fund . . . . . . . . . . . . . . . . . . . . No limit ADAS data collection grant federal fund. . . . . . . . . . . . . . . . No limit Child care discretionary federal fund . . . . . . . . . . . . . . . . . . . No limit Money follows the person rebalancing demonstration federal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Substance abuse and mental health servicesprojections of regional and national significance federal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Supplemental security income federal fund. . . . . . . . . . . . . No limit Child support enforcement research federal fund . . . . . No limit Mental health research grants federal fund . . . . . . . . . . . . . No limit Child abuse and neglect discretionary federal fund . . . No limit Childrens health insurance federal fund. . . . . . . . . . . . . . . . No limit (c) There is appropriated for the above agency from the childrens initiatives fund for the fiscal year ending June 30, 2012, the following: Childrens cabinet accountability fund . . . . . . . . . . . . . . . . . . $519,325 Provided, That any unencumbered balance in the childrens cabinet accountability fund account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012. Childrens mental health waiver. . . . . . . . . . . . . . . . . . . . . . . . . . $3,800,000 Provided, That any unencumbered balance in the childrens mental health waiver account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012.
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Child care. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $5,033,679 Provided, That any unencumbered balance in the child care account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012. Childrens cabinet early childhood discretionary grant program. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $7,158,744 Provided, That any unencumbered balance in the childrens cabinet early childhood discretionary grant program account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012. Early head start . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $66,584 Provided, That any undercumbered balance in the early head start account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012. Family preservation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $3,106,605 Provided, That any unencumbered balance in the family preservation account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012. Quality initiative infants & toddlers . . . . . . . . . . . . . . . . . . . . . $479,257 Provided, That any unencumbered balance in the quality initiative infants and toddlers account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012. Early childhood block grant. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $10,615,408 Provided, That any unencumbered balance in the early childhood block grant account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012. Reading roadmap program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $933,137 Provided, That all expenditures from the reading roadmap program account shall be for grants awarded on a competitive basis for proposals for reading centers based on research-based models in targeted school districts with the long-term goal of improving fourth-grade reading scores: Provided further, That the grants shall require a $1 for $1 match from nonstate government or private sources: And provided further, That the goals of the reading roadmap program are to encourage and expand early childhood reading as a means of lifting children out of poverty. Family centered system of care . . . . . . . . . . . . . . . . . . . . . . . . . . . $4,750,000 Provided, that any unencumbered balance in the family centered system of care account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012. (d) There is appropriated for the above agency from the Kansas endowment for youth fund for the fiscal year ending June 30, 2012, the following: Childrens cabinet administration . . . . . . . . . . . . . . . . . . . . . . . . $262,007 (e) There is appropriated for the above agency from the state institutions building fund for the fiscal year ending June 30, 2012, the following: Energy conservation improvement debt service. . . . . . . . $66,279 Larned state hospitalcity of Larned wastewater treatment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $124,827 Provided, That, notwithstanding the provisions of K.S.A. 76-6b05, and amendments thereto, expenditures may be made by the above agency from the Larned state hospitalcity of Larned wastewater treatment account of the state institutions building fund for payment of Larned state hospitals portion of the city of Larneds wastewater treatment system. (f) During the fiscal year ending June 30, 2012, the secretary of social and rehabilitation services, with the approval of the director of the budget, may transfer any part of any item of appropriation for the fiscal year ending June 30, 2012, from the state general fund for the department of social and rehabilitation services or any institution or facility under the general supervision and management of the secretary of social and rehabilitation services to another item of appropriation for fiscal year 2012 from the state general fund for the department of social and rehabilitation services or any institution or facility under the general supervision and management of the secretary of social and rehabilitation services. The secretary of social and rehabilitation services shall certify each such transfer to the director of accounts and reports and shall transmit a copy of each such certification to the director of legislative research. (g) During the fiscal year ending June 30, 2012, the secretary of social and rehabilitation services, with the approval of the director of the budget and subject to the provisions of federal grant agreements, may transfer moneys received under a federal grant that are credited to a federal fund of the department of social and rehabilitation services, or of any institution or facility under the general supervision and man-
agement of the secretary of social and rehabilitation services, to another federal fund of the department of social and rehabilitation services, or of another institution or facility under the general supervision and management of the secretary of social and rehabilitation services. The secretary of social and rehabilitation services shall certify each such transfer to the director of accounts and reports and shall transmit a copy of each such certification to the director of legislative research. (h) On July 1, 2011, the superintendent of Osawatomie state hospital, upon the approval of the director of accounts and reports, shall transfer an amount specified by the superintendent from the Osawatomie state hospitalcanteen fund to the Osawatomie state hospital patient benefit fund. (i) On July 1, 2011, the superintendent of Parsons state hospital and training center, upon the approval of the director of accounts and reports, shall transfer an amount specified by the superintendent from the Parsons state hospital and training centercanteen fund to the Parsons state hospital and training centerpatient benefit fund. (j) On July 1, 2011, the superintendent of Larned state hospital, upon the approval of the director of accounts and reports, shall transfer an amount specified by the superintendent from the Larned state hospitalcanteen fund to the Larned state hospitalpatient benefit fund. (k) On July 1, 2011, or as soon thereafter as moneys are available, the director of accounts and reports may transfer, in one or more amounts, from the nonfederal reimbursements fund to the social welfare fund the amount specified by the secretary of social and rehabilitation services. (l) During the fiscal year ending June 30, 2012, all moneys received by the secretary of social and rehabilitation services, to provide an endowment to provide interest earnings for the purposes for which expenditures may be made from the family and children trust account of the family and children investment fund, shall be deposited in the state treasury to the credit of the family and children endowment account of the family and children investment fund. (m) During the fiscal year ending June 30, 2012, to the extent it is determined by the secretary of social and rehabilitation services to be cost effective, the secretary of social and rehabilitation services shall apply for and accept donations from private sources to provide an endowment to provide interest earnings for the purposes for which expenditures may be made from the family and children trust account of the family and children investment fund. During the fiscal year ending June 30, 2012, upon receipt of one or more donations of moneys from private sources for deposit to the credit of the family and children endowment account of the family and children investment fund, in addition to the other purposes for which expenditures may be made by the department of social and rehabilitation services from any moneys appropriated from the state general fund or any special revenue fund or funds for the fiscal year 2012, as authorized by this or other appropriation act of the 2011 regular session of the legislature, expenditures shall be made by the department of social and rehabilitation services from any such moneys appropriated for fiscal year 2012 for payments into the family and children endowment account of the family and children investment fund that match the aggregate amount of all such donations and that are equal to the aggregate amount of moneys donated to and credited to the family and children endowment account of the family and children investment fund during fiscal year 2012. (n) During the fiscal year ending June 30, 2012, no moneys paid by the department of social and rehabilitation services from the mental health and retardation services aid and assistance account of the state general fund shall be expended by the entity receiving such moneys to pay membership dues and fees to any entity that does not provide the department of social and rehabilitation services, the legislative division of post audit, or another state agency with access to its financial records upon request for such access. (o) During the fiscal year ending June 30, 2012, in addition to the other purposes for which expenditures may be made by the department of social and rehabilitation services from moneys appropriated from the state general fund or any special revenue fund for fiscal year 2012 for the department of social and rehabilitation services as authorized by this or other appropriation act of the 2011 regular session of the legislature, expenditures shall be made by the secretary of social and rehabilitation services for fiscal year 2012 to fix, charge and collect fees from parents for services provided to their children by an institution or program of the department of social and rehabilitation services: Provided, That in accordance with the provisions of federal law, the secretary of social and rehabilitation services shall not deny services to children under the home and community based services programs based on the failure of any parent to pay such fees: Provided further, That such fees shall be fixed by adoption of a sliding fee scale established by the sec(continued)
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retary of social and rehabilitation services and such fees shall recover all or part of the expenses incurred in providing such services: And provided further, That such fees shall be reduced or waived in cases of demonstrable hardship and for families who are at or below 200% of the federal poverty level and who are receiving home and community based services: And provided further, That all moneys received by the department of social and rehabilitation services for such fees shall be deposited in the state treasury in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, and shall be credited to the social welfare fund. (p) During the fiscal year ending June 30, 2012, the director of accounts and reports shall transfer the amounts specified by the director of the budget from the LTCmedicaid assistanceNF account of the state general fund of the department on aging to the LTCmedicaid assistanceHCBS/FE account of the state general fund of the department on aging or to the community based services account of the department of social and rehabilitation services: Provided, That such amounts to be transferred shall be certified by the director of the budget on December 1, 2011, and on June 1, 2012, to reflect the nursing facility rate paid for persons moving from a nursing facility to the home and community-based services waiver for the physically disabled or the frail elderly for the six months preceding the date of certification: Provided further, That each of the individuals transferred must meet the requirements described in a policy jointly developed by the secretary of aging and the secretary of social and rehabilitation services governing the operations of this transfer: And provided further, That the director of the budget shall transmit a copy of each such certification to the director of legislative research: And provided further, That the department of social and rehabilitation services shall report to the legislature at the beginning of the regular session in 2012 with expenditure data regarding this program. (q) On July 1, 2011, or as soon thereafter as moneys are available, notwithstanding the provisions of K.S.A. 79-4805, and amendments thereto, or any other statute, the director of accounts and reports shall transfer $900,000 from the problem gambling and addiction grant fund of the department of social and rehabilitation services to the state general fund: Provided, That the transfer of such amount shall be in addition to any other transfer from the problem gambling and addictions grant fund to the state general fund as prescribed by law: Provided further, That the amount transferred from the problem gambling and addictions grant fund to the state general fund pursuant to this subsection is to reimburse the state general fund for accounting, auditing, budgeting, legal, payroll, personnel and purchasing services and any other governmental services which are performed on behalf of the department of social and rehabilitation services by other state agencies which receive appropriations from the state general fund to provide such services. (r) In addition to the other purposes for which expenditures may be made by the above agency from the child care/development block grant federal fund or any other special revenue fund or funds for fiscal year 2012, expenditures shall be made by the above agency from the child care/development block grant federal fund or any other special revenue fund or funds for fiscal year 2012 in an amount of not less than $10,202,779, to provide funding for the early head start program. (s) On July 1, 2011, or as soon thereafter as money is available, the director of accounts and reports shall transfer $6,700,000 from the state general fund to the childrens initiatives fund. Sec. 112. KANSAS GUARDIANSHIP PROGRAM (a) There is appropriated for the above agency from the state general fund for the fiscal year ending June 30, 2012, the following: Kansas guardianship program . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,149,493 Provided, That any unencumbered balance in the Kansas guardianship program account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012. Sec. 113. DEPARTMENT OF EDUCATION (a) There is appropriated for the above agency from the state general fund for the fiscal year ending June 30, 2012, the following: Operating expenditures (including official hospitality) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $10,411,517 Provided, That any unencumbered balance in the operating expenditures (including official hospitality) account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012. Special education services aid . . . . . . . . . . . . . . . . . . . . . . . . . . . . $427,717,630 Provided, That any unencumbered balance in the special education services aid account in excess of $100 as of June 30, 2011, is hereby reappro-
priated for fiscal year 2012: Provided further, That expenditures shall not be made from the special education services aid account for the provision of instruction for any homebound or hospitalized child unless the categorization of such child as exceptional is conjoined with the categorization of the child within one or more of the other categories of exceptionality: And provided further, That expenditures shall be made from this account for grants to school districts in amounts determined pursuant to and in accordance with the provisions of K.S.A. 72-983, and amendments thereto: And provided further, That expenditures shall be made from the amount remaining in this account, after deduction of the expenditures specified in the foregoing proviso, for payments to school districts in amounts determined pursuant to and in accordance with the provisions of K.S.A. 72-978, and amendments thereto. General state aid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,902,775,680 Provided, That an unencumbered balance in the general state aid account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012: Provided further, That, if the aggregate amount of moneys appropriated or reappropriated in the general state aid account by this section for fiscal year 2012 is less than the amount equal to 50% of the joint estimate of revenue to the state general fund for fiscal year 2012 conducted on or before April 20, 2012 pursuant to K.S.A. 2010 Supp. 75-6702, and amendments thereto, then an additional amount equal to the difference between such aggregate amount and 50% of such joint estimate amount is appropriated from the state general fund for general state aid for the above agency for the fiscal year ending June 30, 2012. Supplemental general state aid . . . . . . . . . . . . . . . . . . . . . . . . . . . $339,212,000 Provided, That any unencumbered balance in the supplemental general state aid account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012. Discretionary grants. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $322,500 Provided, That the above agency shall make expenditures from the discretionary grants account during the fiscal year 2012, in the amount not less than $125,000 for after school programs for middle school students in the sixth, seventh and eighth grade: Provided further, That the after school programs may also include fifth and ninth grade students, if they attend a junior high: And provided further, That such discretionary grants shall be awarded to after school programs that operate for a minimum of two hours a day, every day that school is in session, and a minimum of six hours a day for a minimum of five weeks during the summer: And provided further, That the discretionary grants awarded to after school programs shall require a $1 for $1 local match: And provided further, That the aggregate amount of discretionary grants awarded to any one after school program shall not exceed $25,000. School food assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,487,458 School safety hotline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $10,000 KPERSemployer contributions . . . . . . . . . . . . . . . . . . . . . . . . . $389,062,720 Provided, That any unencumbered balance in the KPERSemployer contributions account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012: Provided further, That all expenditures from the KPERSemployer contributions account shall be for payment of participating employers contributions to the Kansas public employees retirement system as provided in K.S.A. 74-4939, and amendments thereto: And provided further, That expenditures from this account for the payment of participating employers contributions to the Kansas public employees retirement system may be made regardless of when the liability was incurred. Educable deaf-blind and severely handicapped childrens programs aid. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $110,000 School district juvenile detention facilities and Flint Hills job corps center grants . . . . . . . . . . . . . . . . . . . . . . . . . . $6,012,355 Provided, That any unencumbered balance in the school district juvenile detention facilities and Flint Hills job corps center grants account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012: Provided further, That expenditures shall be made from the school district juvenile detention facilities and Flint Hills job corps center grants account for grants to school districts in amounts determined pursuant to and in accordance with the provisions of K.S.A. 72-8187, and amendments thereto. Any unencumbered balance in the governors teaching excellence scholarships and awards account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012: Provided further, That all expenditures from the governors teaching excellence scholarships and awards account for teaching excellence scholarships shall be made in accordance with K.S.A. 72-1398, and amendments thereto: And provided further, That each such grant shall be required to be matched on a $1 for $1 basis from nonstate sources: And provided further, That award of each
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such grant shall be conditioned upon the recipient entering into an agreement requiring the grant to be repaid if the recipient fails to complete the course of training under the national board for professional teaching standards certification program: And provided further, That all moneys received by the department of education for repayment of grants for governors teaching excellence scholarships shall be deposited in the state treasury and credited to the governors teaching excellence scholarships program repayment fund. (b) There is appropriated for the above agency from the following special revenue fund or funds for the fiscal year ending June 30, 2012, all moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures other than refunds authorized by law and transfers to other state agencies shall not exceed the following: State school district finance fund . . . . . . . . . . . . . . . . . . . . . . . . . No limit School district capital improvements fund . . . . . . . . . . . . . . No limit Provided, That expenditures from the school district capital improvements fund shall be made only for the payment of general obligation bonds approved by voters under the authority of K.S.A. 72-6761, and amendments thereto. School district capital outlay state aid fund . . . . . . . . . . . . . $0 Conversion of materials and equipment fund . . . . . . . . . . No limit State safety fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit School bus safety fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Motorcycle safety fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Federal indirect cost reimbursement fund. . . . . . . . . . . . . . . No limit Teacher and administrator fee fund. . . . . . . . . . . . . . . . . . . . . . No limit Food assistancefederal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Education jobs fundfederal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Food assistanceschool breakfast programfederal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Food assistancenational school lunch programfederal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Food assistancechild and adult care food program federal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Elementary and secondary school aidfederal fund . . No limit Elementary and secondary school aideducationally deprived childrenfederal fund . . . . . . . . . . . . . . . . . . . . . No limit Educationally deprived childrenstate operations federal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Elementary and secondary schooleducationally deprived childrenLEAs fund . . . . . . . . . . . . . . . . . . . . . . . . . No limit ESEA chapter IIstate operationsfederal fund . . . . . . No limit Education of handicapped children fundfederal. . . . . No limit Education of handicapped children fundstate operationsfederal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Education of handicapped children fundpreschoolfederal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Education of handicapped children fundpreschool state operationsfederal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Elementary and secondary school aidfederal fund migrant education fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Elementary and secondary school aidfederal fund migrant educationstate operations. . . . . . . . . . . . . . . . . No limit Vocational education amendments of 1968federal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Vocational education title IIfederal fund. . . . . . . . . . . . . . No limit Vocational education title IIfederal fundstate operations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Educational research grants and projects fund . . . . . . . . . No limit Drug abuse funddepartment of education federal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Drug abuse fundsfederalstate operations fund . . . . No limit Federal K-12 fiscal stabilization fund . . . . . . . . . . . . . . . . . . . . No limit Inservice education workshop fee fund . . . . . . . . . . . . . . . . . No limit Provided, That expenditures may be made from the inservice education workshop fee fund for operating expenditures, including official hospitality, incurred for inservice workshops and conferences: Provided further, That the state board of education is hereby authorized to fix, charge and collect fees for inservice workshops and conferences: And provided further, That such fees shall be fixed in order to recover all or part of such operating expenditures incurred for inservice workshops and conferences: And provided further, That all fees received for inservice workshops and conferences shall be deposited in the state treasury in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, and shall be credited to the inservice education workshop fee fund.
Private donations, gifts, grants and bequests fund . . . . . No limit Interactive video fee fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That expenditures may be made from the interactive video fee fund for operating expenditures incurred in conjunction with the operation and use of the interactive video conference facility of the department of education: Provided further, That the state board of education is hereby authorized to fix, charge and collect fees for the operation and use of such interactive video conference facility: And provided further, That all fees received for the operation and use of such interactive video conference facility shall be deposited in the state treasury in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, and shall be credited to the interactive video fee fund. Reimbursement for services fund . . . . . . . . . . . . . . . . . . . . . . . . No limit Communities in schools program fund. . . . . . . . . . . . . . . . . . No limit Governors teaching excellence scholarships program repayment fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That all expenditures from the governors teaching excellence scholarships program repayment fund shall be made in accordance with K.S.A. 72-1398, and amendments thereto: Provided further, That each such grant shall be required to be matched on a $1 for $1 basis from nonstate sources: And provided further, That award of each such grant shall be conditioned upon the recipient entering into an agreement requiring the grant to be repaid if the recipient fails to complete the course of training under the national board for professional teaching standards certification program: And provided further, That all moneys received by the department of education for repayment of grants made under the governors teaching excellence scholarships program shall be deposited in the state treasury in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, and shall be credited to the governors teaching excellence scholarships program repayment fund. Elementary and secondary school aidfederal fund reading first . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Elementary and secondary school aidfederal fund reading firststate operations . . . . . . . . . . . . . . . . . . . . . . . . No limit State grants for improving teacher qualityfederal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit State grants for improving teacher qualityfederal fundstate operations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit 21st century community learning centersfederal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit State assessmentsfederal fund. . . . . . . . . . . . . . . . . . . . . . . . . . No limit Rural and low-income schools programfederal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Language assistance state grantsfederal fund . . . . . . . . No limit Service clearing fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Helping schools license plate program fund . . . . . . . . . . . . No limit (c) There is appropriated for the above agency from the childrens initiatives fund for the fiscal year ending June 30, 2012, the following: Pre-K program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $4,799,812 Parent education program. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $7,237,635 Provided, That expenditures from the parent education program account for each such grant shall be matched by the school district in an amount which is equal to not less than 65% of the grant. (d) On July 1, 2011, or as soon thereafter as moneys are available, notwithstanding the provisions of K.S.A. 8-1,148 or 38-1808, and amendments thereto, or any other statute, the director of accounts and reports shall transfer $50,000 from the family and children trust account of the family and children investment fund of the department of social and rehabilitation services to the communities in schools program fund of the department of education. (e) On March 30, 2012, or as soon thereafter as moneys are available, notwithstanding the provisions of K.S.A. 8-267 or 8-272, and amendments thereto, or any other statute, the director of accounts and reports shall transfer $900,000 from the state safety fund to the state general fund: Provided That the transfer of such amount shall be in addition to any other transfer from the state safety fund to the state general fund as prescribed by law: Provided further, That the amount transferred from the state safety fund to the state general fund pursuant to this subsection is to reimburse the state general fund for accounting, auditing, budgeting, legal, payroll, personnel and purchasing services and any other governmental services which are performed on behalf of the department of education by other state agencies which receive appropriations from the state general fund to provide such services. (f) On June 30, 2012, or as soon thereafter as moneys are available, notwithstanding the provisions of K.S.A. 8-267 or 8-272, and amendments thereto, or any other statute, the director of accounts and reports (continued)
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shall transfer $900,000 from the state safety fund to the state general fund: Provided That the transfer of such amount shall be in addition to any other transfer from the state safety fund to the state general fund as prescribed by law: Provided further, That the amount transferred from the state safety fund to the state general fund pursuant to this subsection is to reimburse the state general fund for accounting, auditing, budgeting, legal, payroll, personnel and purchasing services and any other governmental services which are performed on behalf of the department of education by other state agencies which receive appropriations from the state general fund to provide such services. (g) On July 1, 2011, and quarterly thereafter, the director of accounts and reports shall transfer $61,789 from the state highway fund of the department of transportation to the school bus safety fund of the department of education. (h) On July I, 2011, the director of accounts and reports shall transfer an amount certified by the commissioner of education from the motorcycle safety fund of the department of education to the motorcycle safety fund of the state board of regents: Provided, That the amount to be transferred shall be determined by the commissioner of education based on the amounts required to be paid pursuant to subsection (b)(2) of K.S.A. 8-272, and amendments thereto. Sec. 114. STATE LIBRARY (a) There is appropriated for the above agency from the state general fund for the fiscal year ending June 30, 2012, the following: Operating expenditures. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,656,048 Provided, That any unencumbered balance in the operating expenditures account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012: Provided, however, That expenditures from the operating expenditures account for official hospitality shall not exceed $2,000. Grants to libraries and library systems . . . . . . . . . . . . . . . . . . $2,425,713 Provided, That any unencumbered balance in the grants to libraries and library systems account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012: Provided further, That, of the moneys appropriated in the grants to libraries and library systems account, $1,587,767 shall be distributed as grants-in-aid to libraries in accordance with K.S.A. 75-2555, and amendments thereto, $453,446 shall be distributed for interlibrary loan development grants and $413,883 shall be paid according to contracts with the subregional libraries of the Kansas talking book services. (b) There is appropriated for the above agency from the following special revenue fund or funds for the fiscal year ending June 30, 2012, all moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures other than refunds authorized by law shall not exceed the following: State library fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Federal library services and technology actfund. . . . . No limit Grants and gifts fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Sec. 115. KANSAS ARTS COMMISSION (a) There is appropriated for the above agency from the state general fund for the fiscal year ending June 30, 2012, the following: Operating expenditures. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $217,084 Provided, That any unencumbered balance in the operating expenditures account in excess of $100 as of June 30, 2012, is hereby reappropriated for fiscal year 2012: Provided, however, That expenditures from the operating expenditures account for official hospitality shall not exceed $4,000: Provided further, That expenditures may be made by the above agency from any amount of savings in the operating expenditures account shall be utilized for the purpose of matching federal grant moneys, local grant moneys, or local in-kind contributions, or any combination thereof, for arts programming projects. Arts programming grants and challenge grants . . . . . . . . $470,915 Provided, That expenditures from the arts programming grants and challenge grants account shall be made in a manner to benefit the maximum number of Kansas communities in the development of Kansas talent and art: Provided further, That expenditures from this account shall be utilized for the purpose of matching federal grant moneys, local grant moneys, or local in-kind contributions, or any combination thereof, for arts programming projects. (b) There is appropriated for the above agency from the following special revenue fund or funds for the fiscal year ending June 30, 2012, all moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures other than refunds authorized by law shall not exceed the following:
Kansas arts commission gifts, grants and bequests federal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Kansas arts commission fee fund. . . . . . . . . . . . . . . . . . . . . . . . . No limit Kansas arts commission special gifts fund . . . . . . . . . . . . . . No limit Arts programming grants fund . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That moneys received by the Kansas arts commission from the remittance of the unexpended balance of arts programming grants to the commission shall be deposited in the state treasury and credited to the arts programming grants fund: Provided further, That expenditures from this fund shall be utilized for the purpose of matching federal grant moneys, local grant moneys, or local in-kind contributions, or any combination thereof, for arts programming projects. Sec. 116. KANSAS STATE SCHOOL FOR THE BLIND (a) There is appropriated for the above agency from the state general fund for the fiscal year ending June 30, 2012, the following: Operating expenditures. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $5,104,478 Provided, That any unencumbered balance in the operating expenditures account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012: Provided, however, That expenditures from the operating expenditures for official hospitality shall not exceed $2,000. Arts for the handicapped . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $133,847 (b) There is appropriated for the above agency from the following special revenue fund or funds for the fiscal year ending June 30, 2012, all moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures other than refunds authorized by law shall not exceed the following: General fees fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Local services reimbursement fund . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That the Kansas state school for the blind is hereby authorized to assess and collect a fee of 20% of the total cost of services provided to local school districts: Provided further, That all moneys received from such fees shall be deposited in the state treasury in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, and shall be credited to the local services reimbursement fund. Student activity fees fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Special bequest fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Gift fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Technology lending libraryfederal fund . . . . . . . . . . . . . . No limit Nine month payroll clearing fund. . . . . . . . . . . . . . . . . . . . . . . . No limit Food assistancecash for commoditiesfederal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Food assistancebreakfastfederal fund. . . . . . . . . . . . . . . No limit Food assistancelunchfederal fund. . . . . . . . . . . . . . . . . . . No limit Chapter I handicappedfederal fund . . . . . . . . . . . . . . . . . . . No limit Education improvementfederal fund. . . . . . . . . . . . . . . . . . No limit Elementary and secondary education actfederal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Special education assistanceARRAfederal fund . . . No limit E-rate grantfederal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Preparation and mentoring of teachers of the blind and visually impairedfederal fund. . . . . . . . . . . . . . . . . . . . . . No limit Improve teacher quality grantfederal fund . . . . . . . . . . . No limit School breakfast programfederal fund . . . . . . . . . . . . . . . . No limit Special education preschool grantsfederal fund . . . . . No limit (c) On July 1, 2011, the chapter I handicappedfederal fund of the Kansas state school for the blind is hereby redesignated as the workforce investment act youth activitiesfederal fund of the Kansas state school for the blind. (d) On July 1, 2011, the special education assistanceARRAfederal fund of the Kansas state school for the blind is hereby redesignated as the special education state grantsfederal fund of the Kansas state school for the blind. Sec. 117. KANSAS STATE SCHOOL FOR THE DEAF (a) There is appropriated for the above agency from the state general fund for the fiscal year ending June 30, 2012, the following: $8,499,634 Operating expenditures. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Provided, That any unencumbered balance in the operating expenditures account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012. (b) There is appropriated for the above agency from the following special revenue fund or funds for the fiscal year ending June 30, 2012, all moneys now or hereafter lawfully credited to and available in such
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fund or funds, except that expenditures other than refunds authorized by law shall not exceed the following: General fees fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Local services reimbursement fund . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That the Kansas state school for the deaf is hereby authorized to assess and collect a fee of 20% of the total cost of services provided to local school districts: Provided further, That all moneys received from such fees shall be deposited in the state treasury in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, and shall be credited to the local services reimbursement fund. Student activity fees fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Elementary and secondary education actfederal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Elementary and secondary education act 2009 ARRA federal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Vocational education fundfederal . . . . . . . . . . . . . . . . . . . . . No limit School lunch programfederal fund . . . . . . . . . . . . . . . . . . . . No limit Special bequest fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Special workshop fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Gift fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Nine month payroll clearing fund. . . . . . . . . . . . . . . . . . . . . . . . No limit Special education state grantsfederal fund . . . . . . . . . . . No limit Special education state grants ARRAfederal fund . . . No limit Special education preschool ARRAfederal fund . . . . . No limit Improve teacher quality grantfederal fund . . . . . . . . . . . No limit School breakfast programfederal fund . . . . . . . . . . . . . . . . No limit National school lunch program ARRAfederal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Special education preschool grantsfederal fund . . . . . No limit Sec. 118. STATE HISTORICAL SOCIETY (a) There is appropriated for the above agency from the state general fund for the fiscal year ending June 30, 2012, the following: Operating expenditures. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $4,900,739 Provided, That any unencumbered balance in the operating expenditures account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012: Provided, however, That expenditures from the operating expenditures account for official hospitality shall not exceed $2,463. Kansas humanities council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $64,361 (b) There is appropriated for the above agency from the following special revenue fund or funds for the fiscal year ending June 30, 2012, all moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures other than refunds authorized by law shall not exceed the following: Credit card clearing fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Vehicle repair and replacement fund . . . . . . . . . . . . . . . . . . . . No limit General fees fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Archeology fee fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That expenditures may be made from the archeology fee fund for operating expenses for providing archeological services by contract: Provided further, That the state historical society is hereby authorized to fix, charge and collect fees for the sale of such services: And provided further, That such fees shall be fixed in order to recover all or part of the operating expenses incurred in providing archeological services by contract: And provided further, That all fees received for such services shall be deposited in the state treasury in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, and shall be credited to the archeology fee fund. Archeology federal fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Conversion of materials and equipment fund . . . . . . . . . . No limit Soil/water conservation fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Microfilm fees fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That expenditures may be made from the microfilm fees fund for operating expenses for providing imaging services: Provided further, That the state historical society is hereby authorized to fix, charge and collect fees for the sale of such services: And provided further, That such fees shall be fixed in order to recover all or part of the operating expenses incurred in providing imaging services: And provided further, That all fees received for such services shall be deposited in the state treasury in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, and shall be credited to the microfilm fees fund. Records center fee fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That expenditures may be made from the records center fee fund for operating expenses for state records and for the trusted digital
repository for electronic government records: Provided further, That the state historical society is hereby authorized to fix, charge and collect fees for such services: And provided further, That such fees shall be fixed in order to recover all or part of the operating expenses incurred in providing such services: And provided further, That all fees received for such services shall be deposited in the state treasury in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, and shall be credited to the records center fee fund. Historic properties fee fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Historic preservation grants in aid fund. . . . . . . . . . . . . . . . . No limit Historic preservation overhead fees fund . . . . . . . . . . . . . . . No limit National historic preservation act fundlocal. . . . . . . . . . No limit Private gifts, grants and bequests fund . . . . . . . . . . . . . . . . . . No limit Museum and historic sites visitor donation fund . . . . . . No limit Insurance collection replacement/reimbursement fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Heritage trust fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That expenditures from the heritage trust fund for state operations shall not exceed $94,548. Land survey fee fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That, notwithstanding the provisions of K.S.A. 58-2011, and amendments thereto, expenditures may be made by the above agency from the land survey fee fund for the fiscal year 2012 for operating expenditures that are not related to administering the land survey program. National trails fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit State historical society facilities fund. . . . . . . . . . . . . . . . . . . . . No limit Historic properties fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Law enforcement memorial fund. . . . . . . . . . . . . . . . . . . . . . . . . No limit Highway planning/construction fund. . . . . . . . . . . . . . . . . . . . No limit Save Americas treasures fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Property sale proceeds fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That proceeds from the sale of property pursuant to K.S.A. 752701, and amendments thereto, shall be deposited in the state treasury and credited to the property sale proceeds fund. Amelia Earhart bridge mitigation project fund . . . . . . . . . No limit Sec. 119. FORT HAYS STATE UNIVERSITY (a) There is appropriated for the above agency from the state general fund for the fiscal year ending June 30, 2012, the following: Operating expenditures (including official hospitality) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $32,404,650 Provided, That any unencumbered balance in the operating expenditures (including official hospitality) account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012. Masters-level nursing capacity . . . . . . . . . . . . . . . . . . . . . . . . . . . $133,506 Kansas wetlands education center at Cheyenne bottoms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $262,764 Provided, That any unencumbered balance in the Kansas wetlands education center at Cheyenne bottoms account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012. Kansas academy of math and science. . . . . . . . . . . . . . . . . . . . $525,488 (b) There is appropriated for the above agency from the following special revenue fund or funds for the fiscal year ending June 30, 2012, all moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures shall not exceed the following: Parking fees fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That expenditures may be made from the parking fees fund for a capital improvement project for parking lot improvements. General fees fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That expenditures may be made from the general fees fund to match federal grant moneys: Provided further, That expenditures may be made from the general fees fund for official hospitality. Restricted fees fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That restricted fees shall be limited to receipts for the following accounts: Special events; technology equipment; Gross coliseum services; performing arts center services; farm income; choral music clinic; yearbook; off-campus tours; memorial union activities; student activity (unallocated); Leader (newspaper); conferences, clinics and workshopsnoncredit; summer laboratory school; little theater; library services; student affairs; speech and debate; student government; counseling center services; interest on local funds; student identification cards; nurse education programs; athletics; placement fees; virtual college clas(continued)
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ses; speech and hearing; child care services for dependent students; computer services; interactive television contributions; midwestern student exchange; departmental receipts for all sales, refunds and other collections not specifically enumerated above: Provided, however, That the state board of regents, with the approval of the state finance council acting on this matter which is hereby characterized as a matter of legislative delegation and subject to the guidelines prescribed in subsection (c) of K.S.A. 75-3711c, and amendments thereto, may amend or change this list of restricted fees: Provided further, That all restricted fees shall be deposited in the state treasury in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, and shall be credited to the appropriate account of the restricted fees fund and shall be used solely for the specific purpose or purposes for which collected: And provided further, That expenditures may be made from this fund to purchase insurance for equipment purchased through research and training grants only if such grants include money for and authorize the purchase of such insurance: And provided further, That all amounts of tuition received from students participating in the midwestern student exchange program shall be deposited in the state treasury in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, and shall be credited to the midwestern student exchange account of the restricted fees fund: And provided further, That expenditures may be made from the restricted fees fund for official hospitality. Education opportunity actfederal fund . . . . . . . . . . . . . . . No limit Service clearing fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That the service clearing fund shall be used for the following service activities: Computer services, storeroom for official supplies including office supplies, paper products, janitorial supplies, printing and duplicating, car pool, postage, copy center, and telecommunications and such other internal service activities as are authorized by the state board of regents under K.S.A. 76-755, and amendments thereto. Commencement fees fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Health fees fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That expenditures from the health fees fund may be made for the purchase of medical malpractice liability coverage for individuals employed on the medical staff, including pharmacists and physical therapists, at the student health center. Student union fees fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That expenditures may be made from the student union fee fund for official hospitality. Kansas career work study program fund . . . . . . . . . . . . . . . No limit Economic opportunity actfederal fund. . . . . . . . . . . . . . . . No limit Kansas comprehensive grant fund . . . . . . . . . . . . . . . . . . . . . . . No limit Faculty of distinction matching fund . . . . . . . . . . . . . . . . . . . . No limit Nine month payroll clearing account fund. . . . . . . . . . . . . . No limit Federal Perkins student loan fund . . . . . . . . . . . . . . . . . . . . . . . No limit Housing system revenue fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That expenditures may be made from the housing system revenue fund for official hospitality. Institutional overhead fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Oil and gas royalties fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Housing system suspense fund . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Housing system operations fund . . . . . . . . . . . . . . . . . . . . . . . . . No limit Housing system repairs, equipment and improvement fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Sponsored research overhead fund . . . . . . . . . . . . . . . . . . . . . . No limit Kansas distinguished scholarship fund . . . . . . . . . . . . . . . . . . No limit University federal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That expenditures may be made by the above agency from the university federal fund to purchase insurance for equipment purchased through research and training grants only if such grants include money for and authorize the purchase of such insurance: Provided further, That expenditures may be made by the above agency from this fund to procure a policy of accident, personal liability and excess automobile liability insurance insuring volunteers participating in the senior companion program against loss in accordance with specifications of federal grant guidelines as provided in K.S.A. 75-4101, and amendments thereto. Federal higher education fiscal stabilization fund Fort Hays state university . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit (c) On July 1, 2011, or as soon thereafter as moneys are available, the director of accounts and reports shall transfer an amount specified by the president of Fort Hays state university of not to exceed $125,000 from the general fees fund to the federal Perkins student loan fund. Sec. 120.
KANSAS STATE UNIVERSITY (a) There is appropriated for the above agency from the state general fund for the fiscal year ending June 30, 2012, the following: Operating expenditures (including official hospitality) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $102,759,850 Provided, That any unencumbered balance in the operating expenditures (including official hospitality) account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012. Midwest institute for comparative stem cell biology . . $129,833 Provided, That any unencumbered balance in the midwest institute for comparative stem cell biology account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012. (b) There is appropriated for the above agency from the following special revenue fund or funds for the fiscal year ending June 30, 2012, all moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures shall not exceed the following: Parking fees fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Faculty of distinction matching fund . . . . . . . . . . . . . . . . . . . . No limit General fees fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That expenditures may be made from the general fees fund to match federal grant moneys: Provided further, That expenditures may be made from the general fees fund for official hospitality. Interest on endowment fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Restricted fees fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That restricted fees shall be limited to receipts for the following accounts: Technology equipment; flight services; human resources management system; computer services; copy centers; standardized test fees; placement center; recreational services; college of technology and aviation; motor pool; music; professorships; student activities fees; army and aerospace uniforms; aerospace uniform augmentation; biology sales and services; chemistry; field camps; state department of education; physics storeroom; sponsored research, instruction, public service, equipment and facility grants; chemical engineering; nuclear engineering; contract-post office; library collections; civil engineering; continuing education; sponsored construction or improvement projects; attorney, educational and personal development, human resources; student financial assistance; application for undergraduate programs; speech and hearing fees; gifts; human development and family research and training; college of educationpublications and services; guaranteed student loan application processing; student identification card; auditorium receipts; catalog sales; emission spectroscopy fees; interagency consulting; sales and services of educational programs; transcript fees; facility use fees; human ecology storeroom; college of human ecology sales; family resource center fees; human movement performance; application for post baccalaureate programs; art exhibit fees; college of educationKansas careers; foreign student application fee; student union repair and replacement reserve; departmental receipts for all sales, refunds and other collections; institutional support fee; miscellaneous renovationsconstruction; speech receipts; art museum; exchange program; flight training lab fees; administrative reimbursements; parking fees; postage center; printing; short courses and conferences; student government association receipts; regents educational communications center; late registration fee; engineering equipment fee; architecture equipment fee; biotechnology facility; English language program; international programs; Bramlage coliseum; planning and analysis; telecommunications; comparative medicine; other specifically designated receipts not available for general operations of the university: Provided, however, That the state board of regents, with the approval of the state finance council acting on this matter which is hereby characterized as a matter of legislative delegation and subject to the guidelines prescribed in subsection (c) of K.S.A. 75-3711c, and amendments thereto, may amend or change this list of restricted fees: Provided further, That all restricted fees shall be deposited in the state treasury in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, and shall be credited to the appropriate account of the restricted fees fund and shall be used solely for the specific purpose or purposes for which collected: And provided further, That expenditures may be made from this fund to purchase insurance for equipment purchased through research and training grants only if such grants include money for and authorize the purchase of such insurance: And provided further, That expenditures from the restricted fees fund may be made for the purchase of insurance for operation and testing of completed project aircraft and for operation of aircraft used in professional pilot training, including coverage for public liability, physical damage, medical payments and voluntary settlement coverages: And provided further, That expenditures may be made from the restricted fees fund for official hospitality.
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Kansas career work study program fund . . . . . . . . . . . . . . . No limit Service clearing fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That the service clearing fund shall be used for the following service activities: Supplies stores; telecommunications services; photographic services; K-State printing services; postage; facilities services; facilities carpool; public safety services; facility planning services; facilities storeroom; computing services; and such other internal service activities as are authorized by the state board of regents under K.S.A. 76755, and amendments thereto. Sponsored research overhead fund . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That expenditures may be made from the sponsored research overhead fund for official hospitality. Housing system suspense fund . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Housing system operations fund . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That expenditures may be made from the housing system operations fund for official hospitality. Housing system repairs, equipment and improvement fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Mandatory retirement annuity clearing fund . . . . . . . . . . . No limit Student health fees fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That expenditures from the student health fees fund may be made for the purchase of medical malpractice liability coverage for individuals employed on the medical staff, including pharmacists and physical therapists, at the student health center. Scholarship funds fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Perkins student loan fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Board of regentsU.S. department of education awards fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit State agricultural university fund . . . . . . . . . . . . . . . . . . . . . . . . No limit Federal extension civil service retirement clearing fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Salinastudent union fees fund. . . . . . . . . . . . . . . . . . . . . . . . . . No limit Salinahousing system operation fund . . . . . . . . . . . . . . . . . No limit Kansas distinguished scholarship fund . . . . . . . . . . . . . . . . . . No limit Kansas comprehensive grant fund . . . . . . . . . . . . . . . . . . . . . . . No limit Temporary deposit fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Business procurement card clearing fund . . . . . . . . . . . . . . . No limit Suspense fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Voluntary tax shelter annuity clearing fund . . . . . . . . . . . . No limit Agency payroll deduction clearing fund . . . . . . . . . . . . . . . . No limit Payroll clearing fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Pre-tax parking clearing fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit University federal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That expenditures may be made by the above agency from the university federal fund to purchase insurance for equipment purchased through research and training grants only if such grants include money for and authorize the purchase of such insurance. Johnson county education research triangle fund . . . . . . No limit Federal higher education fiscal stabilization fund Kansas state university . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Energy conservation improvements fund . . . . . . . . . . . . . . . No limit (c) On July 1, 2011, or as soon thereafter as moneys are available, the director of accounts and reports shall transfer an amount specified by the president of Kansas state university of not to exceed $100,000 from the general fees fund to the Perkins student loan fund. Sec. 121. KANSAS STATE UNIVERSITY EXTENSION SYSTEMS AND AGRICULTURE RESEARCH PROGRAMS (a) There is appropriated for the above agency from the state general fund for the fiscal year ending June 30, 2012, the following: Cooperative extension service (including official hospitality) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $18,600,461 Provided, That any unencumbered balance in the cooperative extension service (including official hospitality) account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012. Agricultural experiment stations (including official hospitality) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $29,750,204 Provided, That any unencumbered balance in the agricultural experiment stations (including official hospitality) account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012. (b) There is appropriated for the above agency from the following special revenue fund or funds for the fiscal year ending June 30, 2012, all moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures shall not exceed the following:
Restricted fees fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That restricted fees shall be limited to receipts for the following accounts: Plant pathology; Kansas artificial breeding service unit; technology equipment; professorships; agricultural experiment station, directors office; agronomyAshland farm; KSU agricultural research centerHays; KSU southeast agricultural research center; KSU southwest research extension center; agronomygeneral; agronomyexperimental field crop sales; entomology sales; grain science and industry Kansas state university; food and nutrition research; extension services and publication; sponsored construction or improvement projects; gifts; comparative medicine; sales and services of educational programs; animal sciences and industry livestock and product sales; horticulture greenhouse and farm products sales; Konza prairie operations; departmental receipts for all sales, refunds and other collections; institutional support fee; KSU northwest research extension center operations; sponsored research, public service, equipment and facility grants; statistical laboratory; equipment/pesticide storage building; miscellaneous renovationconstruction; other specifically designated receipts not available for general operations of the university: Provided, however, That the state board of regents, with the approval of the state finance council acting on this matter which is hereby characterized as a matter of legislative delegation and subject to the guidelines prescribed in subsection (c) of K.S.A. 75-3711c, and amendments thereto, may amend or change this list of restricted fees: Provided further, That all restricted fees shall be deposited in the state treasury in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, and shall be credited to the appropriate account of the restricted fees fund and shall be used solely for the specific purpose or purposes for which collected: And provided further, That expenditures may be made from this fund to purchase insurance for equipment purchased through research and training grants only if such grants include money for and authorize the purchase of such insurance: And provided further, That expenditures may be made from the Kansas agricultural mediation service account of the restricted fees fund during fiscal year 2012. Fertilizer research fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Sponsored research overhead fund . . . . . . . . . . . . . . . . . . . . . . No limit Federal extension fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Federal experimental station fund. . . . . . . . . . . . . . . . . . . . . . . . No limit Federal awardsadvance payment fund . . . . . . . . . . . . . . . No limit Smith-Lever special program grantfederal fund . . . . . No limit Faculty of distinction matching fund . . . . . . . . . . . . . . . . . . . . No limit Agricultural land use-value fund. . . . . . . . . . . . . . . . . . . . . . . . . No limit University federal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That expenditures may be made by the above agency from the university federal fund to purchase insurance for equipment purchased through research and training grants only if such grants include money for and authorize the purchase of such insurance. Federal higher education fiscal stabilization fund Kansas state university extension systems and agriculture research programs . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit (c) There is appropriated for the above agency from the state economic development initiatives fund for the fiscal year ending June 30, 2012, the following: Agricultural experiment stations . . . . . . . . . . . . . . . . . . . . . . . . . $300,175 (d) During the fiscal year ending June 30, 2012, no moneys appropriated from the state general fund or any special revenue fund for Kansas state university or Kansas state university extension systems and agriculture research programs shall be expended on or after the effective date of this act by Kansas state university or Kansas state university extension systems and agriculture research programs, directly or indirectly, for (1) any financial aid or other support for any 4-H competitive events or activities at county fairs for which the minimum age for participants is increased from 7 years of age to 9 years of age, or (2) any financial aid or other support for any 4-H organization or unit that sponsors competitive events at county fairs and that is planning to increase or has increased the minimum age for participants in such events from 7 years of age to 9 years of age. Sec. 122. KANSAS STATE UNIVERSITY VETERINARY MEDICAL CENTER (a) There is appropriated for the above agency from the state general fund for the fiscal year ending June 30, 2012, the following: Operating expenditures (including official hospitality) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $9,872,665 Provided, That any unencumbered balance in the operating expenditures (including official hospitality) account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012. (continued)
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Veterinary training program for rural Kansas . . . . . . . . . . $395,228 Provided, That any unencumbered balance in the veterinary training program for rural Kansas account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012. (b) There is appropriated for the above agency from the following special revenue fund or funds for the fiscal year ending June 30, 2012, all moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures shall not exceed the following: General fees fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That expenditures may be made from the general fees fund to match federal grant moneys. Veterinary medicine teaching hospital revenue fund . . No limit Faculty of distinction matching fund . . . . . . . . . . . . . . . . . . . . No limit Hospital and diagnostic laboratory improvement fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Restricted fees fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That restricted fees shall be limited to receipts for the following accounts: Sponsored research, instruction, public service, equipment and facility grants; sponsored construction or improvement projects; technology equipment; pathology fees; laboratory test fees; miscellaneous renovations or construction; dean of veterinary medicine receipts; gifts; application for postbaccalaureate programs; professorship; embryo transfer unit; swine serology; rapid focal fluorescent inhibition test; comparative medicine; storerooms; departmental receipts for all sales, refunds and other collections; other specifically designated receipts not available for general operation of the Kansas state university veterinary medical center: Provided, however, That the state board of regents, with the approval of the state finance council acting on this matter which is hereby characterized as a matter of legislative delegation and subject to the guidelines prescribed in subsection (c) of K.S.A. 75-3711c, and amendments thereto, may amend or change this list of restricted fees: Provided further, That all restricted fees shall be deposited in the state treasury in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, and shall be credited to the appropriate account of the restricted fees fund and shall be used solely for the specific purpose or purposes for which collected: And provided further, That expenditures may be made from this fund to purchase insurance for equipment purchased through research and training grants only if such grants include money for and authorize the purchase of such insurance. Sponsored research overhead fund . . . . . . . . . . . . . . . . . . . . . . No limit Health professions student loan fund. . . . . . . . . . . . . . . . . . . . No limit University federal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That expenditures may be made by the above agency from the university federal fund to purchase insurance for equipment purchased through research and training grants only if such grants include money for and authorize the purchase of such insurance. Federal higher education fiscal stabilization fund Kansas state university veterinary medical center. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit (c) On July 1, 2011, or as soon thereafter as moneys are available, the director of accounts and reports shall transfer an amount specified by the president of Kansas state university of not to exceed a total of $15,000 from the general fees fund to the health professions student loan fund. Sec. 123. EMPORIA STATE UNIVERSITY (a) There is appropriated for the above agency from the state general fund for the fiscal year ending June 30, 2012, the following: Operating expenditures (including official hospitality) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $30,616,575 Provided, That any unencumbered balance in the operating expenditures (including official hospitality) account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012. Reading recovery program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $215,112 Natl Board Cert/Future Teacher Academy . . . . . . . . . . . . . $129,050 (b) There is appropriated for the above agency from the following special revenue fund or funds for the fiscal year ending June 30, 2012, all moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures shall not exceed the following: Parking fees fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That expenditures may be made from the parking fees fund for a capital improvement project for parking lot improvements. General fees fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit
Provided, That expenditures may be made from the general fees fund to match federal grant moneys: Provided further, That expenditures may be made from the general fees fund for official hospitality. Interest on state normal school fund fund . . . . . . . . . . . . . . No limit Restricted fees fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That restricted fees shall be limited to receipts for the following accounts: Computer services, student activity; technology equipment; student union; sponsored research; computer services; extension classes; gifts and grants (for teaching, research and capital improvements); business school contributions; state department of education (vocational); library services; library collections; interest on local funds; receipts from conferences, clinics, and workshops held on campus for which no college credit is given; physical plant reimbursements from auxiliary enterprises; midwestern student exchange; departmental receiptsfor all sales, refunds and other collections or receipts not specifically enumerated above: Provided, however, That the state board of regents, with the approval of the state finance council acting on this matter which is hereby characterized as a matter of legislative delegation and subject to the guidelines prescribed in subsection (c) of K.S.A. 75-3711c, and amendments thereto, may amend or change this list of restricted fees: Provided further, That all restricted fees shall be deposited in the state treasury in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, and shall be credited to the appropriate account of the restricted fees fund and shall be used solely for the specific purpose or purposes for which collected: And provided further, That expenditures may be made from this fund to purchase insurance for equipment purchased through research and training grants only if such grants include money for and authorize the purchase of such insurance: And provided further, That all amounts of tuition received from students participating in the midwestern student exchange program shall be deposited in the state treasury in accordance with the provisions of K.S.A. 754215, and amendments thereto, and shall be credited to the midwestern student exchange account of the restricted fees fund. Service clearing fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That the service clearing fund shall be used for the following service activities: Telecommunications services; office supplies inventory; state car operation; ESU press including duplicating and reproducing; postage; physical plant storeroom including motor fuel inventory; data processing center; and such other internal service activities as are authorized by the state board of regents under K.S.A. 76-755, and amendments thereto. Commencement fees fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Kansas career work study program fund . . . . . . . . . . . . . . . No limit Student health fees fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That expenditures from the student health fees fund may be made for the purchase of medical malpractice liability coverage for individuals employed on the medical staff, including pharmacists and physical therapists, at the student health center. Faculty of distinction matching fund . . . . . . . . . . . . . . . . . . . . No limit Bureau of educational measurements fund . . . . . . . . . . . . . No limit National direct student loan fund . . . . . . . . . . . . . . . . . . . . . . . . No limit Economic opportunity actwork studyfederal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Educational opportunity grantsfederal fund . . . . . . . . . No limit Basic opportunity grant programfederal fund . . . . . . . No limit Research and institutional overhead fund. . . . . . . . . . . . . . . No limit Kansas comprehensive grant fund . . . . . . . . . . . . . . . . . . . . . . . No limit Housing system suspense fund . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Housing system operations fund . . . . . . . . . . . . . . . . . . . . . . . . . No limit Housing system repairs, equipment and improvement fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Kansas distinguished scholarship fund . . . . . . . . . . . . . . . . . . No limit University federal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That expenditures may be made by the above agency from the university federal fund to purchase insurance for equipment purchased through research and training grants only if such grants include money for and authorize the purchase of such insurance. Leveraging educational assistance partnership federal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Federal higher education fiscal stabilization fund Emporia state university. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit (c) On July 1, 2011, or as soon thereafter as moneys are available, the director of accounts and reports shall transfer an amount specified by the president of Emporia state university of not to exceed $30,000 from the general fees fund to the national direct student loan fund. Sec. 124.
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PITTSBURG STATE UNIVERSITY (a) There is appropriated for the above agency from the state general fund for the fiscal year ending June 30, 2012, the following: Operating expenditures (including official hospitality) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $33,668,152 Provided, That any unencumbered balance in the operating expenditures (including official hospitality) account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012. School of construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $750,000 (b) There is appropriated for the above agency from the following special revenue fund or funds for the fiscal year ending June 30, 2012, all moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures shall not exceed the following: Parking fees fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That expenditures may be made from the parking fees fund for capital improvement projects for parking lot improvements. General fees fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That all moneys received for tuition received from students participating in the gorilla advantage program or the midwestern student exchange program shall be deposited in the state treasury to the credit of the general fees fund: Provided further, That expenditures may be made from the general fees fund to match federal grant moneys: And provided further, That expenditures may be made from the general fees fund for official hospitality. Restricted fees fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That restricted fees shall be limited to receipts for the following accounts: Computer services; instructional technology fee; technology equipment; student activity fee accounts; commencement fees; ROTC activities; continuing education receipts; vocational auto parts and service fees; receipts from camps, conferences and meetings held on campus; library service collections and fines; and grants from other state agencies; Midwest Quarterly; chamber music series; contractpost office; gifts and grants; intensive English program; business and technology institute; public sector radio station activities; economic opportunitystate match; Kansas career work study; regents supplemental grants; departmental receipts, and other specifically designated receipts not available for general operations of the university: Provided, however, That the state board of regents, with the approval of the state finance council acting on this matter which is hereby characterized as a matter of legislative delegation and subject to the guidelines prescribed in subsection (c) of K.S.A. 75-3711c, and amendments thereto, may amend or change this list of restricted fees: Provided further, That all restricted fees shall be deposited in the state treasury in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, and shall be credited to the appropriate account of the restricted fees fund and shall be used solely for the specific purpose or purposes for which collected: And provided further, That expenditures may be made from this fund to purchase insurance for equipment purchased through research and training grants only if such grants include money for and authorize the purchase of such insurance: And provided further, That surplus restricted fees moneys generated by the music department may be transferred to the Pittsburg state university foundation, inc., for the express purpose of awarding music scholarships: And provided further, That expenditures may be made from this fund for official hospitality. Service clearing fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That the service clearing fund shall be used for the following service activities: Duplicating and printing services; instructional media division; office stationery and supplies; motor carpool; postage services; photo services; telephone services; and such other internal service activities as are authorized by the state board of regents under K.S.A. 76755, and amendments thereto. Hospital and student health fees fund . . . . . . . . . . . . . . . . . . . No limit Provided, That expenditures from the hospital and student health fees fund may be made for the purchase of medical malpractice liability coverage for individuals employed on the medical staff, including pharmacists and physical therapists, at the student health center: Provided further, That expenditures may be made from this fund for capital improvement projects for hospital and student health center improvements. Suspense fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Faculty of distinction matching fund . . . . . . . . . . . . . . . . . . . . No limit Perkins student loan fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Sponsored research overhead fund . . . . . . . . . . . . . . . . . . . . . . No limit College work study fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Nursing student loan fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit
Housing system suspense fund . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Housing system operations fund . . . . . . . . . . . . . . . . . . . . . . . . . No limit Housing system repairs, equipment and improvement fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Kansas comprehensive grant fund . . . . . . . . . . . . . . . . . . . . . . . No limit Kansas distinguished scholarship program fund . . . . . . No limit University federal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That expenditures may be made by the above agency from the university federal fund to purchase insurance for equipment purchased through research and training grants only if such grants include money for and authorize the purchase of such insurance. Federal higher education fiscal stabilization fund Pittsburg state university . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit (c) During the fiscal year ending June 30, 2012, the director of accounts and reports shall transfer amounts specified by the president of Pittsburg state university of not to exceed a total of $125,000 for all such amounts, from the general fees fund to the following specified funds and accounts of funds: Perkins student loan fund; nursing student loan fund. Sec. 125. UNIVERSITY OF KANSAS (a) There is appropriated for the above agency from the state general fund for the fiscal year ending June 30, 2012, the following: Operating expenditures (including official hospitality) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $128,031,704 Provided, That any unencumbered balance in the operating expenditures (including official hospitality) account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012. Geological survey. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $5,883,407 Provided, That any unencumbered balance in the geological survey account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012. Umbilical cord matrix project . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $130,900 Provided, That any unencumbered balance in the umbilical cord matrix project account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012. (b) There is appropriated for the above agency from the following special revenue fund or funds for the fiscal year ending June 30, 2012, all moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures shall not exceed the following: Parking facilities revenue fund . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Faculty of distinction matching fund . . . . . . . . . . . . . . . . . . . . No limit General fees fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That expenditures may be made from the general fees fund to match federal grant moneys: Provided further, That all moneys received for tuition for students enrolled in courses offered at the regents center on the Edwards campus shall be deposited in the state treasury in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, and shall be credited to this fund. Regents center development fund . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That expenditures shall be made from the regents center development fund for program operations and development and for capital improvements at the Edwards campus. Interest fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Sponsored research overhead fund . . . . . . . . . . . . . . . . . . . . . . No limit Law enforcement training center fund. . . . . . . . . . . . . . . . . . . No limit Provided, That expenditures may be made from the law enforcement training center fund to cover the costs of tuition for students enrolled in the law enforcement training program in addition to the costs of salaries and wages and other operating expenditures for the program: Provided further, That expenditures may be made from this fund for the acquisition of tracts of land. Law enforcement training center fees fund . . . . . . . . . . . . . No limit Provided, That all moneys received for tuition from students enrolling in the basic law enforcement training program for undergraduate or graduate credit shall be deposited in the state treasury and credited to the law enforcement training center fees fund. Restricted fees fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That restricted fees shall be limited to receipts for the following accounts: Institute for public policy and business research; technology equipment; clinical psychology conference; concert course; speech, language and hearing clinic; perceptual motor clinic; application for admission fees; named professorships; summer institutes and workshops; (continued)
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dramatics; economic opportunity act; executive management; continuing education programs; geology field trips; gifts and grants; extension services; counseling center; investment income from bequests; reimbursable salaries; music and art camp; child development lab preschools; orientation center; educational placement; press publications; Rice estate educational project; sponsored research; student activities; sale of surplus books and art objects; building use charges; Kansas applied remote sensing program; executive masters degree in business administration; applied English center; cartographic services; economic education; study abroad programs; computer services; recreational activities; animal care activities; geological survey; engineering equipment fee; midwestern student exchange; department commercial receipts for all sales, refunds, and all other collections or receipts not specifically enumerated above: Provided, however, That the state board of regents, with the approval of the state finance council acting on this matter which is hereby characterized as a matter of legislative delegation and subject to the guidelines prescribed in subsection (c) of K.S.A. 75-3711c, and amendments thereto, may amend or change this list of restricted fees: Provided further, That all restricted fees shall be deposited in the state treasury in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, and shall be credited to the appropriate account of the restricted fees fund and shall be used solely for the specific purpose or purposes for which collected: And provided further, That moneys received for student fees in any account of the restricted fees fund may be transferred to one or more other accounts of the restricted fees fund. Service clearing fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That the service clearing fund shall be used for the following service activities: Residence hall food stores; university motor pool; military uniforms; telecommunications service; and such other internal service activities as are authorized by the state board of regents under K.S.A. 76-755, and amendments thereto. Health service fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Kansas career work study program fund . . . . . . . . . . . . . . . No limit Student union fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Federal Perkins loan fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Health professions student loan fund. . . . . . . . . . . . . . . . . . . . No limit Housing system suspense fund . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Scientific research and development projectspecial rev fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Housing system operations fund . . . . . . . . . . . . . . . . . . . . . . . . . No limit Housing system repairs, equipment and improvement fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Educational opportunity actfederal fund . . . . . . . . . . . . . No limit Loans for disadvantaged students fund . . . . . . . . . . . . . . . . . No limit Prepaid tuition fees clearing fund . . . . . . . . . . . . . . . . . . . . . . . . No limit Kansas comprehensive grant fund . . . . . . . . . . . . . . . . . . . . . . . No limit Fire service training fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit University federal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Johnson county education research triangle fund . . . . . . No limit Federal higher education fiscal stabilization fund university of Kansas. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Standardized water data repository fund . . . . . . . . . . . . . . . No limit (c) On July 1, 2011, or as soon thereafter as moneys are available, the director of accounts and reports shall transfer amounts specified by the chancellor of the university of Kansas of not to exceed a total of $325,000 for all such amounts, from the general fees fund to the following specified funds and accounts of funds: Federal Perkins student loan program account of the national direct student loan fund; federal supplemental educational opportunity program account of the national direct student loan fund; federal disadvantaged student loan program account of the national direct student loan fund; health professions student loan fund. (d) There is appropriated for the above agency from the state water plan fund for the fiscal year ending June 30, 2012, for the water plan project or projects specified, the following: Geological survey. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $26,841 Provided, That any unencumbered balance in excess of $100 as of June 30, 2011, in the geological survey account is hereby reappropriated for fiscal year 2012. Sec. 126. UNIVERSITY OF KANSAS MEDICAL CENTER (a) There is appropriated for the above agency from the state general fund for the fiscal year ending June 30, 2012, the following: Operating expenditures (including official hospitality) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $101,647,608 Provided, That any unencumbered balance in the operating expenditures (including official hospitality) account in excess of $100 as of June 30,
2011, is hereby reappropriated for fiscal year 2012: Provided further, That expenditures may be made from this account for the purchase of malpractice insurance for students in training at the university of Kansas school of medicine, nursing and allied health: And provided further, That expenditures from this account may be used to reimburse medical residents in residency programs located in Kansas City at the university of Kansas medical center for the purchase of health insurance for residents dependents. Medical scholarships and loans. . . . . . . . . . . . . . . . . . . . . . . . . . . $2,621,392 Provided, That any unencumbered balance in the medical scholarships and loans account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012. (b) There is appropriated for the above agency from the following special revenue fund or funds for the fiscal year ending June 30, 2012, all moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures shall not exceed the following: General fees fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That expenditures may be made from the general fees fund to match federal grant moneys. Faculty of distinction matching fund . . . . . . . . . . . . . . . . . . . . No limit Restricted fees fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That restricted fees shall be limited to the following accounts: Technology equipment; computer services; expenses reimbursed by the Kansas university endowment association; postgraduate fees; pathology fees; student health insurance premiums; gift receipts; designated research collaboration; facilities use; photography; continuing education; student activity fees; student application fees; department duplicating; student health services; student identification badges; student transcript fees; loan administration fees; fitness center fees; occupational health fees; computer remote access; employee health; telekid care fees; area outreach fees; police fees; endowment payroll reimbursement; rental property; e-learning fees; surplus property sales; student union fees; outreach air travel; student loan legal fees; hospital authority salary reimbursements; graduate medical education contracts; Kansas university physicians inc., salaries reimbursements; housestaff activity fees; anatomy cadavers; biotechnology services; energy center funded depreciation; fungal sales; biostatistics; electron microscope services; Wichita faculty contracts; physical therapy services; legal fee reimbursements; sponsored research; departmental commercial receipts for all sales, refunds and all other collections of receipts not specifically enumerated above; department of social and rehabilitation services cost-sharing: Provided, however, That the state board of regents, with the approval of the state finance council acting on this matter which is hereby characterized as a matter of legislative delegation and subject to the guidelines prescribed in subsection (c) of K.S.A. 75-3711c, and amendments thereto, may amend or change this list of restricted fees: Provided further, That all restricted fees shall be deposited in the state treasury in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, and shall be credited to the appropriate account of the restricted fees fund and shall be used solely for the specific purpose or purposes for which collected: And provided further, That expenditures may be made from this fund to purchase health insurance coverage for all students enrolled in the school of allied health, school of nursing and school of medicine. Scientific research and developmentspecial revenue fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Kansas breast cancer research fund . . . . . . . . . . . . . . . . . . . . . . No limit Sponsored research overhead fund . . . . . . . . . . . . . . . . . . . . . . No limit Parking fundWichita campus . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Services to hospital authority fund. . . . . . . . . . . . . . . . . . . . . . . No limit Direct medical education reimbursement fund . . . . . . . . . No limit Service clearing fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That the service clearing fund shall be used for the following service activities: Printing services; purchasing storeroom; university motor pool; clothing (uniforms); physical plant storeroom; photo services; telecommunications services; facilities operations discretionary repairs; animal care; graphic services; instructional services; biomedical engineering; audiovisual services; computing services; and such other internal service activities as are authorized by the state board of regents under K.S.A. 76-755, and amendments thereto. Educational nurse faculty loan program fund . . . . . . . . . . No limit Federal college work study fund . . . . . . . . . . . . . . . . . . . . . . . . . No limit AMA education and research grant fund . . . . . . . . . . . . . . . No limit Federal health professions/primary care student loan fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Federal nursing student loan fund . . . . . . . . . . . . . . . . . . . . . . . No limit Suspense fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit
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Federal student educational opportunity grant fund . . No limit Federal Pell grant fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Federal Perkins student loan fund . . . . . . . . . . . . . . . . . . . . . . . No limit Medical loan repayment fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That expenditures from the medical loan repayment fund for attorney fees and litigation costs associated with the administration of the medical scholarship and loan program shall be in addition to any expenditure limitation imposed on the operating expenditures account of the medical loan repayment fund or on the total expenditures from the medical loan repayment fund. Medical student loan programs provider assessment fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Graduate medical education administration reserve fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit University of Kansas medical center private practice foundation reserve fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Robert Wood Johnson award fund . . . . . . . . . . . . . . . . . . . . . . . No limit Federal scholarship for disadvantaged students fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit University federal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Leveraging educational assistance partnership federal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Graduate medical education support fund. . . . . . . . . . . . . . No limit Johnson county education research triangle fund . . . . . No limit Federal higher education fiscal stabilization fund university of Kansas medical center . . . . . . . . . . . . . . . . . No limit Wichita center for graduate medical education federal fiscal stabilization fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit (c) On July 1, 2011, or as soon thereafter as moneys are available, the director of accounts and reports shall transfer amounts specified by the chancellor of the university of Kansas of not to exceed a total of $125,000 for all such amounts, from the general fees fund to the following funds: Federal Perkins student loan fund; federal nursing student loan fund; federal student education opportunity grant fund; federal college work study fund; educational nurse faculty loan program fund; federal health professions/primary care student loan fund. (d) During the fiscal year ending June 30, 2012, and within the limits of appropriations therefor, the university of Kansas medical center may enter into contracts to purchase additional malpractice insurance for medical students enrolled at the university of Kansas medical center while in clinical training at the university of Kansas medical center or at other health care institutions. (e) During the fiscal year ending June 30, 2012, the director of accounts and reports shall transfer an amount specified by the chancellor from the general fees fund to the student health insurance premiums account of the restricted fees fund. Sec. 127. WICHITA STATE UNIVERSITY (a) There is appropriated for the above agency from the state general fund for the fiscal year ending June 30, 2012, the following: Operating expenditures (including official hospitality) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $65,202,226 Provided, That any unencumbered balance in the operating expenditures (including official hospitality) account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012. (b) There is appropriated for the above agency from the following special revenue fund or funds for the fiscal year ending June 30, 2012, all moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures shall not exceed the following: General fees fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That expenditures may be made from the general fees fund to match federal grant moneys: Provided further, That expenditures may be made from the general fees fund for official hospitality. Restricted fees fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That restricted fees shall be limited to receipts for the following accounts: Summer school workshops; technology equipment; concert course; dramatics; continuing education; flight training; gifts and grants (for teaching, research, and capital improvements); testing service; state department of education (vocational); investment income from bequests; sale of surplus books and art objects; public service; veterans counseling and educational benefits; sponsored research; campus privilege fee; student activities; national defense education programs; engineering equipment fee; midwestern student exchange; departmental receiptsfor all sales, refunds and other collections or receipts not specifically enumerated above: Provided, however, That the state board of regents, with the approval of the state finance council acting on this
matter which is hereby characterized as a matter of legislative delegation and subject to the guidelines prescribed in subsection (c) of K.S.A. 75-3711c, and amendments thereto, may amend or change this list of restricted fees: Provided further, That all restricted fees shall be deposited in the state treasury in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, and shall be credited to the appropriate account of the restricted fees fund and shall be used solely for the specific purpose or purposes for which collected: And provided further, That expenditures may be made from this fund to purchase insurance for equipment purchased through research and training grants only if such grants include money for and authorize the purchase of such insurance: And provided further, That expenditures from this fund may be made for the purchase of medical malpractice liability coverage for individuals employed on the medical staff at the student health center: And provided further, That expenditures may be made from this fund for official hospitality. Service clearing fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That the service clearing fund shall be used for the following service activities: Central service duplicating and reproducing bureau; automobiles; furniture stores; postal clearing; telecommunication; computer service; and such other internal service activities as are authorized by the state board of regents under K.S.A. 76-755, and amendments thereto. Faculty of distinction matching fund . . . . . . . . . . . . . . . . . . . . No limit Kansas career work study program fund . . . . . . . . . . . . . . . No limit Scholarship funds fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Sponsored research overhead fund . . . . . . . . . . . . . . . . . . . . . . No limit Economic opportunity actfederal fund. . . . . . . . . . . . . . . . No limit Education opportunity grantfederal fund . . . . . . . . . . . . No limit Matching education opportunity grant fund. . . . . . . . . . . . No limit Health professions student assistance programloans fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Nine month payroll clearing account fund. . . . . . . . . . . . . . No limit Pell grants fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Housing system suspense fund . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Housing system operations fund . . . . . . . . . . . . . . . . . . . . . . . . . No limit Housing system renovation principal and interest fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Housing system renovation and bond reserve fund . . . No limit WSU housing system depreciation and replacement fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Perkins loan fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Kansas distinguished scholarship fund . . . . . . . . . . . . . . . . . . No limit Kansas comprehensive grant fund . . . . . . . . . . . . . . . . . . . . . . . No limit WSU housing systems revenue fund. . . . . . . . . . . . . . . . . . . . . No limit University federal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Provided, That expenditures may be made by the above agency from the university federal fund to purchase insurance for equipment purchased through research and training grants only if such grants include money for and authorize the purchase of such insurance. Leveraging educational assistance partnershipfederal fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Federal higher education fiscal stabilization fund Wichita state university. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No limit Center of innovation for biomaterials in orthopaedic researchWichita state university . . . . . . . . . . . . . . . . . . . No limit (c) There is appropriated for the above agency from the state economic development initiatives fund for the fiscal year ending June 30, 2012, the following: Aviation infrastructure. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $4,981,537 Provided, That any unencumbered balance in the aviation infrastructure account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012: Provided further, That during the fiscal year ending June 30, 2012, notwithstanding the provisions of any other statute, in addition to the other purposes for which expenditures may be made from the aviation infrastructure account of the state economic development initiatives fund for fiscal year 2012 by Wichita state university by this or other appropriation act of the 2011 regular session of the legislature, the moneys appropriated in the aviation infrastructure account of the state economic development initiatives fund for fiscal year 2012 may only be expended for training and equipment expenditures of the national center for aviation training. (d) During the fiscal years ending June 30, 2011, and June 30, 2012, in addition to the other purposes for which expenditures may be made by Wichita state university from moneys appropriated from the state general fund or any special revenue fund for the above agency for fiscal (continued)
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year 2011 or fiscal year 2012 by chapter 6 or chapter 165 of the 2010 Session Laws of Kansas, or by this or other appropriation act of the 2011 regular session of the legislature, expenditures shall be made by Wichita state university from the state general fund or from any special revenue fund for fiscal year 2011 and fiscal year 2012, after consultation with the national institute for aviation research, to provide for the establishment of a technical training board: Provided, That, except as otherwise provided in this subsection (d), such board shall be similar in composition to the aviation research board and shall advise the president of Wichita state university, and others representing Wichita state university, on all expenditures from the aviation infrastructure account of the state economic development initiatives fund for fiscal year 2011 and fiscal year 2012: Provided further, That such board shall review and evaluate all such expenditures: And provided further, That the executive director of the national institute for aviation research shall be the administrator for the technical training board: And provided further, That the membership of the technical training board shall include representatives of Sedgwick county and representatives of the Wichita area technical college as exofficio, nonvoting members: And provided further, That the technical training board shall prepare and submit a report to the legislature, which shall be presented to the education budget committee of the house of representatives and to the appropriate subcommittee of the ways and means committee of the senate, not later than the calendar day of the 2012 regular session of the legislature, detailing the findings of the technical training board regarding the expenditures by Wichita state university from the aviation infrastructure account of the state economic development initiatives fund for fiscal year 2011 and fiscal year 2012. Sec. 128. STATE BOARD OF REGENTS (a) There is appropriated for the above agency from the state general fund for the fiscal year ending June 30, 2012, the following: Operating expenditures (including official hospitality) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $3,216,779 Provided, That any unencumbered balance in the operating expenditures (including official hospitality) account in excess of $100 as of June 30, 2011, is hereby reappropriated for fiscal year 2012: Provided further, That, during fiscal year 2012, notwithstanding the provisions of any other statute, in addition to the other purposes for which expenditures may be made from the operating expenditures (including official hospitality) account for fiscal year 2012 by the state board of regents as authorized by this or other appropriation act of the 2011 regular se

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Kansas Register

Chris Biggs, Secretary of State

Kansas Secretary of State 2011

Vol. 30, No. 1, January 6, 2011

Commission on Veterans Affairs

State Conservation Commission

Kansas Sentencing Commission

Kansas Judicial Council

(Published in the Kansas Register January 6, 2011.)

City of Overland Park, Kansas

Hon. Lawton R. Nuss Chairman

(Published in the Kansas Register January 6, 2011.)

City of Ellsworth, Kansas

Vol. 30, No. 1, January 6, 2011

Kansas Secretary of State 2011

Chris Biggs Secretary of State

Pooled Money Investment Board

Vol. 30, No. 1, January 6, 2011

Vol. 30, No. 1, January 6, 2011

Kansas Secretary of State 2011

Board of Regents Universities

Department of Administration Division of Purchases

1/18/2011 1/18/2011 1/18/2011 1/20/2011 2/01/2011

EVT0000339 EVT0000347 EVT0000354 EVT0000336 EVT0000348

Chris Howe Director of Purchases

Kansas Secretary of State 2011

Vol. 30, No. 1, January 6, 2011

Vol. 30, No. 1, January 6, 2011

Kansas Secretary of State 2011

Vol. 30, No. 1, January 6, 2011

Kansas State Treasurer

AGENCY 3: KANSAS STATE TREASURER

Vol. 30, No. 1, January 6, 2011

Kansas Secretary of State 2011

AGENCY 9: ANIMAL HEALTH DEPARTMENT Reg. No. 9-7-4 9-7-4 9-27-1

New Amended Amended Amended Amended Amended

AGENCY 26: DEPARTMENT ON AGING

AGENCY 7: SECRETARY OF STATE

AGENCY 16: KANSAS ATTORNEY GENERAL

V. 29, p. 1813-1815 V. 29, p. 1816

Kansas Secretary of State 2011

Vol. 30, No. 1, January 6, 2011

Vol. 30, No. 1, January 6, 2011

Kansas Secretary of State 2011

V. 29, p. 15-17 V. V. V. V. V. V. V. 29, 29, 29, 29, 29, 29, 29, p. p. p. p. p. p. p. 17 18 18 18 18 18 18

AGENCY 68: BOARD OF PHARMACY

AGENCY 60: BOARD OF NURSING

AGENCY 69: BOARD OF COSMETOLOGY

AGENCY 71: KANSAS DENTAL BOARD

AGENCY 63: BOARD OF MORTUARY ARTS

V. 29, p. 1593 V. 29, p. 1593-1597

Kansas Secretary of State 2011

Vol. 30, No. 1, January 6, 2011

AGENCY 74: BOARD OF ACCOUNTANCY

AGENCY 86: REAL ESTATE COMMISSION

AGENCY 92: DEPARTMENT OF REVENUE

AGENCY 88: BOARD OF REGENTS

Vol. 30, No. 1, January 6, 2011

Kansas Secretary of State 2011

AGENCY 110: DEPARTMENT OF COMMERCE

AGENCY 100: BOARD OF HEALING ARTS

Kansas Secretary of State 2011

Vol. 30, No. 1, January 6, 2011

Vol. 30, No. 1, January 6, 2011