### Kansas Air Quality Law **1** 

## State of Kansas Air Quality Statutes

Chapter 65.--PUBLIC HEALTH

Article 30.--AIR QUALITY CONTROL

65-3001. Title of act. **K.S.A. 65-3002, 65-3003, 65-3005 through 65-3013 a nd 65-3015**  **through 65-3020 and K.S.A. 65-3008a, 65-3008b and 6 5-3024 through 65-3028, and**  **amendments thereto, shall be known and may be cited as the Kansas air quality act.**  **History** : **L. 1967, ch. 347, § 1; L. 1970, ch. 261, § 1; L. 1993, ch. 13, § 1; March 25.** 

65-3002. Definitions. **As used in this act, unless the context clearly re quires otherwise:**  **(a) "Air contaminant" means dust, fumes, sm oke, other particulate matter, vapor, gas,**  **odorous substances, or any combination thereof, but not including water vapor or steam** 

**condensate. (b) "Air contamination" means the presence**  **in the outdoor atmosphere of one or more**

**air contaminants. (c) "Air pollution" means the presence in t**  **he outdoor atmosphere of one or more air contaminants in such quantities and duration as is,**  **or tends significantly to be, injurious to human health or welfare, animal or plant life, or p**  **roperty, or would unreasonably interfere with the enjoyment of life or property, or would co**  **ntribute to the formation of regional haze. (d) "Alter" means any physical change in, o**  **r change in the method of operation of, an air contaminant emission stationary source which in**  **creases the amount of any regulated air pollutant emitted by such source or which results i**  **n the emission of any regulated air pollutant not previously emitted.**  **(e) "Emission" means a release into the out door atmosphere of air contaminants.**  **(f) "Deciview" means an atmospheric haze in dex that expresses changes in visibility** 

**conditions as defined in 40 C.F.R. 51.301 as in eff ect on July 1, 2005.**  **(g) "Facility" means any building, structur e, machine, equipment, device or installation**  **(or group of buildings, structures, machines, equip ment, devices or installations), whether**  **temporary or permanent, located on one or more cont iguous or adjacent properties and**  **under common control of the same person (or persons under common control). Such term** 
**shall not include locomotives, diesel trucks or tru ck tractors unless otherwise required by the** 
**federal clean air act, as amended in November 1990. (h) "Modify" or "modification," when used i**  **n conjunction with an approval or permit action, means an amendment to an existing approval**  **or permit initiated by the permittee. When used to describe a change in any air contamina**  **nt emission stationary source, "modify" shall have the same meaning as the term "alter."**  **(i) "Permittee" means the holder of an appr oval or the holder of a permit and includes**  **both the owner and the operator of any approved or permitted air contaminant emission** 

**source. (j) "Person" means any individual, partners**  **hip, firm, association, municipality, public or private corporation, subdivision or agency of the s**  **tate or federal government, trust, estate or any other legal entity.**  **(k) "Regional haze" means visibility impair ment, measured in deciviews, occurring over**  **a large geographic area caused by the cumulative em issions of gaseous and particulate air** 

**contaminants from numerous sources. (l) "Reopen" means to seek an amendment to**  **an existing approval or permit initiated by any person other than the permittee.**  **(m) "Secretary" means the secretary of heal th and environment.** 

### Kansas Air Quality Law **2**



## (n) "Stationary source" means any building, **structure, facility or installation which emits or may emit any air contaminant. History**  : **L. 1967, ch. 347, § 2; L. 1970, ch. 261, § 2; L. 1974, ch. 352, § 135; L. 1993, ch. 13, § 2; L. 2006**  **, ch. 84, § 1; July 1.**

65-3003. Responsibility of secretary; administration. **The responsibility for air quality conservation and control of air pollution is hereby** **placed with the secretary of health and environment. The secretary shall administer this ac**  **t through the division of environment. History**  : **L. 1967, ch. 347, § 3; L. 1970, ch. 261, § 3; L. 1974, ch. 352, § 136; July 1.** 

65-3004. **History** : **L. 1967, ch. 347, § 4; L. 1970, ch. 261, § 4; L. 1974, ch. 348, § 29;**  **Repealed, L. 1974, ch. 352, § 189; July 1.**

65-3005. Powers of the secretary. **The secretary shall have the power to: (a) Adopt, amend and repeal rules and regul**  **ations implementing and consistent with**

**this act. (b) Hold hearings relating to any aspect of**  **or matter in the administration of this act concerning air quality control, and in connection t**  **herewith, compel the attendance of witnesses and the production of evidence.**  **(c) Issue such orders, permits and approval s as may be necessary to effectuate the**  **purposes of this act and enforce the same by all ap propriate administrative and judicial**  **proceedings. (d) Require access to records relating to e**  **missions which cause or contribute to air pollution.**  **(e) Prepare and develop a comprehensive pla n or plans for the prevention, abatement**  **and control of air pollution originating in Kansas that affects air quality in Kansas or in other** 

**states or both. (f) Adopt rules and regulations governing s**  **uch public notification and comment procedures as authorized by this act.**  **(g) Encourage voluntary cooperation by pers ons or affected groups to achieve the**  **purposes of this act. (h) (1) Encourage local units of government** **to handle air pollution problems within their respective jurisdictions and on a cooperative basis**  **; (2) provide technical and consultative assistance therefor; and (3) enter into agreements**  **with local units of government to administer all or part of the provisions of the Kan**  **sas air quality act in the units' respective jurisdictions.**  **(i) Encourage and conduct studies, investig ations and research relating to air**  **contamination and air pollution and their causes, e ffects, prevention, abatement and control.**  **(j) Encourage air contaminant emission sour ces to voluntarily implement strategies,**  **including the development and use of innovative tec hnologies, market-based principles and**  **other private initiatives to reduce or prevent poll ution.**  **(k) Determine by means of field studies and sampling the degree of air contamination**  **and air pollution in the state and the several part s thereof.**  **(l) Establish ambient air quality standards for the state as a whole or for any part** 

**thereof. (m) Collect and disseminate information and**  **conduct educational and training programs relating to air contamination and air pollution.**  **(n) Advise, consult and cooperate with othe r agencies of the state, local governments,** 
**industries, other states, interstate or interlocal agencies, and the federal government, and**  **with interested persons or groups. (o) Accept, receive and administer grants o**  **r other funds or gifts from public and private entities, including the federal government, for the**  **purpose of carrying out any of the functions**

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## of this act. Such funds received by the secretary p **ursuant to this section shall be deposited in the state treasury to the account of the departm**  **ent of health and environment. (p) Enter into contracts and agreements wit**  **h other state agencies or subdivisions, local governments, other states, interstate agencies, the**  **federal government or its agencies or private entities as is necessary to accomplish the**  **purposes of the Kansas air quality act. (q) Conduct or participate in intrastate or**  **interstate emissions trading programs or other programs that demonstrate equivalent air quality be**  **nefits for the prevention, abatement and control of air pollution in Kansas or in other stat**  **es or both. (r) Prepare and adopt a regional haze plan**  **as may be necessary to prevent, abate and control air pollution originating in Kansas that af**  **fects air quality in Kansas or in other states or both. Any regional haze plan prepared by the sec**  **retary shall be no more stringent than is required by 42 U.S.C. 7491.**  **(s) Participate in the activities of any vi sibility transport commission established under**  **42 U.S.C. 7492. The secretary shall report to the g overnor and the legislature on the**  **activities of any such visibility transport commiss ion annually. History**  : **L. 1967, ch. 347, § 5; L. 1970, ch. 261, § 5; L. 1974, ch. 352, § 137; L.**  **1993, ch. 13, § 3; L. 2006, ch. 84, § 2; July**

**1.**

65-3006. Same; publication and enforcement of regulations; e mployment of personnel; services. **The secretary shall: (a) Publish and enforce the rules, regulati**  **ons and standards promulgated hereunder. The secretary shall furnish a copy of such rules, r**  **egulations or standards adopted hereunder to any citizen upon request.**  **(b) Employ such professional, technical and other staff, and provide such technical,**  **scientific and other services as may be required, i ncluding laboratory facilities, for the**  **purpose of effectuating the provisions of this act from funds appropriated and available for**  **the purposes of this act. History** : **L. 1967, ch. 347, § 6; L. 1970, ch. 261, § 6; L. 1974, ch.**  **352, § 138; L. 1975, ch. 312, § 10; July 1.**

65-3007. Air contaminant sources; classification; monitoring ; reporting. **(a) The secretary, by rule and regulation, shall classify a**  **ir contaminant sources which, in the secretary's judgment, may cause or contribute to ai**  **r pollution, according to levels and types**

**of emissions and other characteristics which relate to air pollution and may require reporting**  **for any such class or classes. The classifications promulgated by the secretary shall be**  **made to apply to the state as a whole or to any des ignated area of the state, and shall be**  **made with special reference to effects on health, e conomic and social factors, and physical**  **effects on property. (b) The secretary shall require air contami**  **nant emission sources to monitor emissions, operating parameters, ambient impact of any source**  **emissions or any other parameters deemed necessary by the secretary. The secretary ma**  **y require air contaminant emission sources to keep records and make reports consistent** **with the purposes of this act. (c) Any person operating or responsible for**  **the operation of air contaminant sources of any class for which the rules and regulations of th**  **e secretary require reporting shall make reports containing information as may be required b**  **y the secretary concerning location, size and height of contaminant outlets, processes employ**  **ed, fuels used and the nature and time periods or duration of emissions, and such other in**  **formation as is relevant to air pollution and available or reasonably capable of being assemb**  **led. History** : **L. 1967, ch. 347, § 7; L. 1970, ch. 261, § 7; L. 1974, ch. 352, § 139; L. 197**  **5, ch. 312, § 11; L. 1993, ch. 13, § 4;**

**March 25.**

### Kansas Air Quality Law **4**



## 65-3008. Approvals and permits for emission stationary sourc es. **(a) No person shall construct, own, operate, install, alter or use any**  **air contaminant emission stationary source which, in accordance with rules and regulations, th**  **e secretary finds may cause or contribute to air pollution, unless an appropriate approval or**  **permit has been issued for the source by the secretary under this act. Approvals or permits**  **issued by the secretary may be subject to conditions consistent with the purposes of this act**  **and rules and regulations promulgated**

**under this act. (b) The secretary shall require that applic**  **ations for approvals and permits, and renewals thereof, under this act shall be accompanied by app**  **lication fees and such plans, specifications, compliance plans or other informati**  **on as the secretary deems necessary. Applications shall be submitted on forms provided b**  **y the secretary and shall be signed by a responsible official of the source, who shall certi**  **fy the accuracy of the information submitted. (c) The issuance or holding of an approval**  **or permit shall not convey any property right or exclusive privilege to the holder thereof.**  **(d) Without any further action on the part of the secretary, an approval or a permit shall**  **become void and without effect on its expiration da te unless a completed application form**  **and any required fee are filed with the secretary o n or before the expiration date of the**  **approval or the permit. For purposes of this subsec tion, the secretary may specify by rule**  **and regulation an amount of time prior to the expir ation date of an operating permit by which**  **a complete application form and any required fee mu st be filed with the secretary in order to**  **be considered timely filed. The secretary may provi de for a grace period by rule and**  **regulation. (e) The secretary may issue by rule and reg**  **ulation a general approval or permit covering numerous similar sources. Any general appr**  **oval or permit shall comply with all requirements applicable to approvals or permits und**  **er this act. Any source covered by a general approval or permit must apply to the secret**  **ary and receive authority to operate under the general approval or permit.**  **(f) The secretary may fix, charge and colle ct fees for approvals and permits, and the**  **renewal thereof, to cover all or any part of the co st of administering the provisions of Kansas**  **air quality act, other than K.S.A. 65-3027. The sec retary shall adopt rules and regulations**  **fixing such fees. The fees shall be deposited in th e state treasury and credited to the state**  **general fund, except that if all or any portion of the regulatory services for which a fee is**  **collected under this section is performed by a coun ty, city-county or multicounty health**  **department, that portion of such fee which pertains to such services, as determined by the**  **secretary, shall be credited to the local air quali ty control authority regulation services fund,**  **which is hereby created in the state treasury, and shall be paid from such fund to such local**  **air quality control authority. History** : **L. 1967, ch. 347, § 8; L. 1970, ch. 261, § 8; L. 1974, ch.**  **352, § 140; L. 1981, ch. 250, § 1; L. 1983, ch. 286 , § 3; L. 1984, ch. 313, § 126; L. 1993, ch.**  **13, § 5; March 25.**

65-3008a. Same; public comment and hearing; review. **(a) No permit shall be issued, modified, renewed or reopened without first providi**  **ng the public an opportunity to comment and request a public hearing on the proposed permit**  **action. The request for a public hearing on the issuance of a permit shall set forth the bas**  **is for the request and a public hearing shall be held if, in the judgment of the secretary, there**  **is sufficient reason. (b) The secretary shall affirm, modify or r**  **everse the decision on such permit after the public comment period or public hearing. Any person**  **who participated in the public comment process or the public hearing who otherwise would h**  **ave standing under K.S.A. 77-611, and amendments thereto, shall have standing to obtain j**  **udicial review of the secretary's final action on the permit pursuant to the act for judici**  **al review and civil enforcement of agency actions in the court of appeals. Any such person ot**  **her than the applicant for or holder of the**

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## permit shall not be required to have exhausted admi **nistrative remedies in order to be entitled to review. The court of appeals shall have original**  **jurisdiction to review any such final agency action. The record before the court of appeals shal**  **l be confined to the agency record for judicial review and consist of the documentation su**  **bmitted to or developed by the secretary in making the final permit decision, including the**  **permit application and any addenda or amendments thereto, the permit summary, the draft p**  **ermit, all written comments properly submitted to the secretary, all testimony presented**  **at any public hearing held on the permit application, all responses by the applicant or perm**  **it holder to any written comments or testimony, the secretary's response to the public c**  **omments and testimony and the final permit.**  **(c) When determined appropriate by the secr etary, the procedures set out in subsection**  **(a) may be required prior to the issuance, modifica tion, renewal or reopening of an approval.**  **History** : **L. 1993, ch. 13, § 6; L. 2006, ch. 79, § 1; Apri l 13.** 

65-3008b. Same; suspension, revocation, denial, modification, issuance. **(a) The secretary may suspend or revoke an approval or a pe**  **rmit if the permittee has violated any provision of the approval or the permit, any provis**  **ion of this act or any rule and regulation adopted under this act and applicable to the permit**  **ted source. (b) As applicable to the source for which t**  **he approval or permit is sought, the secretary may deny an approval or permit, or a renewal thereo**  **f, if the applicant fails to: (1) Submit a complete application; or (2) submit an application**  **fee. (c) The secretary may deny a permit for any**  **proposed new stationary source if the owner or operator of such a source fails to demonst**  **rate to the satisfaction of the secretary that any other stationary source owned or operated**  **by such person, or by any entity controlling, controlled by or under common control**  **with such person, in this state is in compliance, or meeting a schedule for compliance, w**  **ith all applicable emission limitations**

**and standards under this act and the federal clean air act, and amendments thereto.**  **(d) The secretary may modify or reopen an a pproval or a permit for cause. The**  **secretary shall reopen a permit whenever requiremen ts under this act become applicable to**  **a permitted source and three or more years remain o n the original term of the permit. Any**  **permit revision incorporating a requirement adopted by the secretary shall be effective as**  **soon as practicable, but not later than 18 months a fter the promulgation of the requirement**  **by the United States environmental protection agenc y.**  **(e) Within 15 days after the issuance of a notice of intent to take any action authorized**  **by subsection (a), (b), (c) or (d), or within 15 da ys after the secretary's written decision to**  **affirm, modify or reverse a permit decision pursuan t to subsection (b) of K.S.A. 65-3008a, the**  **permittee may file a request for a hearing with the secretary. Each such notice of intent shall**  **specify the provision of this act or rule and regul ation allegedly violated, the facts constituting**  **the alleged violation and the secretary's intended action. Each notice of intent or written**  **decision to affirm, modify or reverse a permit deci sion shall state the permittee's right to**  **request a hearing. Such hearing shall be conducted in accordance with the Kansas**  **administrative procedure act. (f) The filing of a request by the permitte**  **e for an approval or permit modification, revocation or amendment, or the filing by the permi**  **ttee of a notification of planned changes or anticipated noncompliance, does not stay any app**  **roval or permit condition. (g) No permit shall be issued, modified, am**  **ended, revised or renewed unless the United States environmental protection agency has certifie**  **d that such permit complies with the requirements of the federal clean air act, except t**  **hat a permit may be issued if the United States environmental protection agency has not noti**  **fied the secretary of the United States environmental protection agency's decision within 4**  **5 days after receipt of the proposed permit by such agency.** 

### Kansas Air Quality Law **6**



## (h) The secretary shall issue or deny the p **ermit (including requests for modification or to reopen the permit):**  **(1) Within three years of the date the Unit ed States environmental protection agency**  **approves the state permitting program pursuant to t he provisions of the federal clean air act,**  **as amended in November 1990, for permit application s submitted within the first full year** 
**after such date; (2) pursuant to the time schedule provided**  **by title IV (acid rain) of the 1990**
**amendments to the federal clean air act, for air co ntaminant emission sources subject to that** 
**title; or (3) within 18 months after receiving a comp**  **lete application, in all other cases. (i) Failure of the secretary to issue or de**  **ny the permit, or grant or deny a request to modify or reopen the permit, within the period stat**  **ed in subsection (h) shall not result in the default issuance of a permit, permit amendment, per**  **mit modification or permit renewal nor shall such failure result in any other entity assum**  **ing jurisdiction to act on the permit or the request. History**  : **L. 1993, ch. 13, § 7; March 25.**

65-3009. Inspections. **The secretary may designate competent representati ves who**  **may enter and inspect any property, premise or plac e at any reasonable time for the purpose**  **of investigating either an actual or possible sourc e of air pollution or of ascertaining the state**  **of compliance with this act and regulations in forc e pursuant thereto. No person shall refuse**  **entry or access to any authorized representative of the secretary who requests entry for**  **purposes of inspection, and who presents appropriat e credentials; nor shall any person**  **obstruct, hamper or interfere with any such inspect ion. If requested, the owner or operator of**  **the premises shall receive a report setting forth l evels of emissions and any other facts found**  **which relate to compliance status. History** : **L. 1967, ch. 347, § 9; L. 1970, ch. 261, § 9; L. 1974, ch. 352, § 141; July 1.** 

65-3010. Emission control requirements. **(a) The secretary shall establish emission control requirements, and requirements for open bur**  **ning (including appropriate prohibition thereof). Such requirements may be either for such**  **areas as a whole or may vary from area to area, as may be appropriate to facilitate accomp**  **lishment of the purposes of this act and in order to take necessary or desirable account of var** **ying local conditions. Any emission which does not conform to a requirement in force pursuant**  **to this subsection shall constitute a**

**violation of this act. (b) Every local air quality conservation pr**  **ogram that is established pursuant to K.S.A. 65-3016, as amended, shall be in compliance with th**  **e rules and regulations set forth for that area by the secretary.**  **(c) Variations from the requirements of sub section (b) of this section may be included in**  **a local air quality conservation program only after approval by the secretary, following**  **demonstration to the satisfaction of the secretary that the proposed requirements are not**  **less stringent than the standards and requirements established by the secretary and are**  **otherwise consistent with the purposes of this act. Any requirement placed in force pursuant**  **to this subsection shall be preceded by public hear ing. The secretary, upon evidence that**  **conditions have changed or that additional or other information is relevant to a decision with**  **respect to the emission control or open burning req uirements concerned may, after public**  **hearing, withdraw any approval previously given to a local requirement pursuant to this** 

**subsection. (d) The secretary shall establish reasonabl**  **e ambient air quality standards for the state as a whole, or any part thereof, and shall require**  **the emission control requirements of any local program to be consistent with such standards**  **in addition to meeting any other**

### Kansas Air Quality Law **7**



## requirements pursuant to this section. History : **L. 1967, ch. 347, § 10; L. 1970, ch. 261, § 10; L. 1974, ch. 352, § 142; July 1.** 

65-3011. Enforcement; procedure. **(a) If the secretary or the director of the divisi on of**  **environment finds that any person has violated any provision of any approval, permit or**  **compliance plan or any provision of this act or any rule and regulation promulgated under**  **this act, the secretary may issue an order finding such person in violation of the act and**  **directing the person to take such action as necessa ry to correct the violation. Any order**  **issued shall specify the length of time after recei pt of the order during which the person must** 

**correct the violations. (b) Any person to whom an order is issued p**  **ursuant to subsection (a) may request a hearing within 15 days after service of the order.**  **Hearings before the secretary shall be**

**conducted in accordance with the Kansas administrat ive procedure act. History**  : **L. 1967, ch. 347, § 11; L. 1970, ch. 261, § 11; L. 1974, ch.**  **352, § 143; L. 1988, ch. 356, § 201; L. 1993, ch. 13, § 9; March 25.** 

65-3012. Action to protect health or environment. **(a) Notwithstanding any other provision of this act, the secretary may take such**  **action as may be necessary to protect the health of persons or the environment: (1) Upon rece**  **ipt of information that the emission of air pollution presents a substantial endangerment to th**  **e health of persons or to the environment; or (2) for an imminent or actual viola**  **tion of this act, any rules and regulations adopted under this act, any orders issued under thi**  **s act or any permit conditions required by**

**this act. (b) The action the secretary may take under**  **subsection (a) includes but is not limited to: (1) Issuing an order directing the owner or**  **operator, or both, to take such steps as necessary to prevent the act or eliminate the pract**  **ice. Such order may include, with respect to a facility or site, temporary cessation of opera**  **tion. (2) Commencing an action to enjoin acts or**  **practices specified in subsection (a) or requesting the attorney general or appropriate coun**  **ty or district attorney to commence an action to enjoin those acts or practices. Upon a sh**  **owing by the secretary that a person has engaged in those acts or practices, a permanent or**  **temporary injunction, restraining order or other order may be granted by any court of competen**  **t jurisdiction. An action for injunction under this subsection shall have precedence over ot**  **her cases in respect to order of trial. (3) Applying to the district court in the c**  **ounty in which an order of the secretary under subsection (b)(1) will take effect, in whole or in**  **part, for an order of that court directing compliance with the order of the secretary. Failure**  **to obey the court order shall be punishable as contempt of the court issuing the ord**  **er. The application under this subsection for a court order shall have precedence over other**  **cases in respect to order of trial. (c) In any civil action brought pursuant to**  **this section in which a temporary restraining order or preliminary injunction is sought, it shall**  **not be necessary to allege or prove at any stage of the proceeding that irreparable damage wil**  **l occur should the temporary restraining order or preliminary injunction not be issued or th**  **at the remedy at law is inadequate, and the temporary restraining order or preliminary injuncti**  **on shall issue without such allegations and without such proof.**  **(d) Any order of the secretary pursuant to s ubsection (b)(1) is subject to hearing and** 

**review in accordance with the Kansas administrative procedure act. History: L. 1967, ch.**  **347, § 12; L. 1970, ch. 261, § 12; L. 1974, ch. 352 , § 144; L. 1993, ch. 13, § 12; March 25.** 

65-3013. Variances; hearing. **(a) Any person who owns or is in control of any pl ant,**  **building, structure, process or equipment may apply to the secretary for a variance from rules**  **and regulations governing the quality, nature, dura tion or extent of emissions. The** 

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## application shall be accompanied by such informatio **n and data as the secretary may reasonably require. The secretary may grant such va**  **riance if the secretary finds that: (1) The emissions occurring or proposed to**  **occur do not endanger or tend significantly to endanger human health or safety; and**  **(2) Compliance with the rules and regulatio ns from which variance is sought would**  **produce serious hardships without equal or greater benefits to the public.**  **(b) No variance shall be granted pursuant t o this section except after public hearing on**  **due notice and until the secretary has considered t he relative interests of the applicant, other**  **owners of property likely to be affected by the dis charges, and the general public.**  **(c) Any variance or renewal thereof shall b e granted within the requirements of**  **subsection (a) and for time periods and under condi tions consistent with the reasons**  **therefor, and within the following limitations: (1) If the variance is granted on the groun**  **d that there is no practicable means known or available for the adequate prevention, abatement or**  **control of the air pollution involved, it shall be only until the necessary means for prevent**  **ion, abatement or control become known and available and subject to the taking of any subs**  **titute or alternate measures that the secretary may prescribe.**  **(2) If the variance is granted on the groun d that compliance with the particular**  **requirement or requirements from which variance is sought will necessitate the taking of** 
**measures which, because of their extent or cost, mu st be spread over a considerable period**  **of time, it shall be for a period not to exceed suc h reasonable time as the secretary finds is**  **requisite for the taking of the necessary measures. A variance granted on the ground**  **specified herein shall contain a timetable for the taking of action in an expeditious manner** 

**and shall be conditioned on adherence to such timet able.**  **(3) If the variance is granted on the groun d that it is justified to relieve or prevent**  **hardship of a kind other than that provided for in subsections (c)(1) and (2), it shall be for not**  **more than one year. (d) Any variance granted pursuant to this s**  **ection may be renewed on terms and conditions and for periods which would be appropria**  **te on initial granting of a variance. If complaint is made to the secretary on account of th**  **e variance, no renewal thereof shall be granted, unless following public hearing on the com**  **plaint on due notice, the secretary finds that renewal is justified. No renewal shall be gran**  **ted except on application therefor. Any such application shall be made at least 60 days pri**  **or to the expiration of the variance. Immediately upon receipt of an application for rene**  **wal the secretary shall give public notice of such application in accordance with rules and re**  **gulations of the secretary. (e) A variance or renewal shall not be a ri**  **ght of the applicant or holder thereof but shall be in the discretion of the secretary. Within 15 da**  **ys after the secretary's written decision to grant or deny a variance or renewal thereof, the ap**  **plicant or holder of a variance or renewal may file a request for a hearing with the secretary**  **. Such hearing shall be conducted in accordance with the Kansas administrative procedure**  **act. However, any person who participated in the public comment process or the p**  **ublic hearing or who otherwise would have standing under K.S.A. 77-611, and amendments t**  **hereto, and is adversely affected by any final action of the secretary pursuant to this**  **section shall have standing to obtain judicial review of the secretary's final action on the varia**  **nce or renewal in the court of appeals. Any such person other than the applicant for or holder**  **of the permit shall not be required to have**

**exhausted administrative remedies in order to be en titled to review. The court of appeals**  **shall have original jurisdiction to review any such final agency action. The record before the**  **court of appeals shall be confined to the agency re cord for judicial review and consist of the**  **documentation submitted to or developed by the secr etary in making the final variance or**  **renewal decision, including the variance or renewal application and any addenda or**  **amendments thereto, the variance or renewal summary , the draft variance or renewal, all** 

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## written comments properly submitted to the secretar**y, all testimony presented at any public hearing held on the variance or renewal application**  **, all responses by the applicant or holder of a variance or renewal to any written comments or**  **testimony, the secretary's response to the public comments and testimony and the final var**  **iance or renewal. (f) Nothing in this section and no variance**  **or renewal granted pursuant hereto shall be construed to prevent or limit the application of th**  **e emergency provisions and procedures of K.S.A. 65-3012, and amendments thereto, to any pers**  **on or any person's property. History** : **L. 1967, ch. 347, § 13; L. 1970, ch. 261, § 13; L. 1974, ch. 352, § 145; L. 1986, ch. 318, §**  **93; L. 1988, ch. 356, § 202; L. 2006, ch. 79, § 2; April 13.** 

65-3014. **History** : **L. 1967, ch. 347, § 14; L. 1970, ch. 261, § 14; L. 1974, ch. 352, § 146; L.**  **1986, ch. 318, § 94; Repealed, L. 1993, ch. 13, § 1 8; March 25.** 

65-3015. Records and information open; trade secret exceptio n. **(a) Except as provided in subsection (b), any records, reports or informat**  **ion obtained pursuant to this act shall be available to the public.**  **(b) Upon a showing satisfactory to the secr etary by any person that records, reports or**  **information, or a particular part thereof (other th an emission data), to which the secretary has**  **access under this act, if made public, would divulg e methods or processes entitled to**  **protection as trade secrets of such person under th e uniform trade secrets act (K.S.A. 60-**  **3320 et seq. and amendments thereto), the secretary shall consider such record, report or**  **information, or particular portion thereof, confide ntial, except that: (1) Such record, report or**  **information may be disclosed to officers, employees or authorized representatives of the**  **United States government concerned with carrying ou t responsibilities under the federal**  **clean air act and amendments thereto; and (2) this subsection shall not apply to any**  **provision in any air quality approval or permit iss ued by the secretary and the public shall**  **have access to such approvals and permits in their entirety. History**  : **L. 1967, ch. 347, § 15; L. 1970, ch. 261, § 15; L. 1973, ch. 254, § 1; L. 1**  **974, ch. 352, § 147; L. 1993, ch. 13, § 13; L. 2005, ch. 67, § 7; July 1.** 

65-3015a. **History** : **L. 1970, ch. 261, § 20; Repealed, L. 1973, ch. 2 54, § 2; July 1.** 

65-3016. Local air quality conservation programs. **Any city, county, city and county, or any combination of two (2) or more cities, counties**  **or cities and counties are authorized to conduct tests and surveys to determine the degree o**  **f purity of the air within its jurisdiction, and may request consultation, technical assistance**  **and cooperation from the secretary in conducting such tests and surveys. If such tests an**  **d surveys indicate that unsatisfactory air quality exists, is likely to exist or is likely to**  **occur, the governing body of said city or county shall have the authority, upon approval of the secr**  **etary, to establish a local air quality conservation authority:**  Provided, **That no local air quality conservation authority s hall be so**  **approved, except after a public hearing as provided in this act. Any local air quality**  **conservation authority which was in existence prior to May 1, 1967, may apply to the**  **secretary for approval as a local air quality conse rvation authority hereunder. In approving or**  **disapproving the formation of a local air quality c onservation authority, the secretary shall**  **determine: (1) The need for a local air quality con servation authority in the jurisdiction**  **proposed; (2) the likely ability of the local air q uality conservation authority, as proposed, to**  **maintain satisfactory air quality in its jurisdicti on; and (3) whether or not the jurisdiction of the**  **proposed local air quality conservation authority c ompletely contains the affected area.**  **Local air quality control authorities shall h ave authority to enforce the rules, regulations**  **and standards adopted by the secretary and to estab lish such additional rules, regulations**  **and standards as necessary to maintain satisfactory air quality within their jurisdiction:** 

### Kansas Air Quality Law **10**



## Provided, **That any rule, regulation or standard established by a local air quality conservation**  **authority pertaining to health hazard shall be in c ompliance with the rules and regulations set**  **forth for that area by the secretary:** Provided further, **That until the secretary shall adopt rules, regulations and standards respecting any are**  **a within the jurisdiction of a local air quality conservation authority, the rules, regulati**  **ons and standards of such local authority respecting said area or areas shall have full force**  **and effect without approval thereof by the secretary.**  **Upon the establishment of a local air quality conservation authority, such authority and**  **the secretary shall have concurrent jurisdiction ov er the local area with power and authority**  **to maintain adequate air quality in accordance with the rules, regulations and standards**  **adopted by the secretary. When two (2) or more cities, two (2) or more**  **counties or a city and a county, or any combination thereof, are affected by a common air m**  **ass of unsatisfactory quality and the respective local air quality control authorities, i**  **f such exist, are for any reason unable to agree upon a solution or settlement to such air qua**  **lity problem, the secretary shall, after review and investigation, render decisions and make**  **findings in settlement thereof. History** : **L. 1967, ch. 347, § 16; L. 1970, ch. 261, § 16; L. 1974, ch. 352, § 148; July 1.** 

65-3017. Motor vehicle pollution. **(a) As the state of knowledge and technology relat ing to**  **the control of emissions from motor vehicles may pe rmit or make appropriate, and in**  **furtherance of the purposes of this act, the secret ary may provide by rules and regulations** 

**for the control of emissions from motor vehicles. S uch rules and regulations may prescribe**  **requirements for the installation and use of equipm ent designed to reduce or eliminate**  **emissions and for the proper maintenance of such eq uipment and of vehicles. Any rules or**  **regulations pursuant to this section shall be consi stent with provisions of federal law or**  **regulations, if any, relating to control of emissio ns from the vehicles concerned. The**  **secretary shall not require, as a condition precede nt to the initial sale of a vehicle or**  **vehicular equipment, the inspection, certification or other approval of any feature or**  **equipment designed for the control of emissions fro m motor vehicles, if such feature or**  **equipment has been certified, approved or otherwise authorized pursuant to federal law.**  **(b) As used in this section "motor vehicle" shall have the same meaning as in K.S.A. 8-**  **1437. History** : **L. 1967, ch. 347, § 17; L. 1970, ch. 261, § 17; L. 1974, ch. 352, § 149; L.**  **1975, ch. 33, § 8; L. 1976, ch. 52, § 4; July 1.**

65-3018. Administrative fines. **(a) The secretary or the director of the division of**  **environment, upon a finding that a person has viola ted any provision of K.S.A. 65-3025 and**  **amendments thereto, may impose a penalty not to exc eed $10,000 which shall constitute an** 

**actual and substantial economic deterrent to the vi olation for which it is assessed. In the**  **case of a continuing violation, every day such viol ation continues shall be deemed a**  **separate violation. (b) No penalty shall be imposed pursuant to**  **this section except after notice of violation and opportunity for hearing upon the written order**  **of the secretary or the director of the division of environment issued to the person who co**  **mmitted the violation. The order shall state the violation, the penalty to be imposed and**  **the right to request a hearing thereon. The request for hearing shall be in writing, directed t**  **o the secretary and filed with the secretary within 15 days after service of the order. Hearings**  **under this section shall be conducted in accordance with the Kansas administrative procedure**  **act. (c) Nothing in this act shall be construed**  **to abridge, limit or otherwise impair the right of any person to damages or other relief on account of**  **injury to persons or property and to maintain any action or other appropriate proceeding**  **therefor. History** : **L. 1967, ch. 347, § 18; L. 1970, ch. 261, § 18; L. 1974, ch. 352, § 150**  **; L. 1993, ch. 13, § 14; March 25.**

### Kansas Air Quality Law **11**



## 65-3019. Application of act; limitations. **Nothing in this act shall be construed to: (a) Grant the secretary any jurisdiction or**  **authority with respect to air contamination existing solely within commercial and industrial pl**  **ants, works and shops. (b) Affect the relations between employers**  **and employees. (c) Supersede or limit the applicability of**  **any law or ordinance relating to industrial health, safety or sanitation. History**  : **L. 1967, ch. 347, § 19; L. 1970, ch. 261, § 19; L. 1974,**  **ch. 352, § 151; July 1.**

65-3020. Severability. **If any clause, paragraph, subsection or section of this act shall be** 
**held invalid or unconstitutional, it shall be concl usively presumed that the legislature would** 

**have enacted the remainder of this act without such clause, paragraph, subsection or**  **section. History** : **L. 1967, ch. 347, § 20; May 2.**

65-3021. Power generation facility; impact upon air quality; definitions. **As used in this act the following terms shall have the meanings asc**  **ribed to them herein: (a) "Power generation facility" means any physical plant used**  **for the production or generation of electricity, or coal gasification facility.**  **(b) "Secretary" means the secretary of heal th and environment.**  **(c) "Person" means any individual, company, corporation, institution, municipality,**  **township, county, state agency or federal agency. H istory**  : **L. 1978, ch. 352, § 1; July 1.**

65-3022. Same; determining and monitoring of power generatio n facilities environmental impact; programs for; fees; rules and regulations. **In order to defray costs in determining and monitoring the environment**  **al impact of power generation facilities with respect to air quality and, in the case of nuc**  **lear powered generation facilities, the overall radiological impact thereof, the secretary is autho**  **rized and directed to adopt rules and regulations to provide for the establishment of fee**  **s and for the collection thereof from each such facility. Such fees shall be determined and co**  **llected annually, and such determination shall be based upon the size and type of such facil**  **ities. In establishing programs for determining and monitoring environmental impact, th**  **e secretary shall take into consideration monitoring programs conducted by other persons and**  **where possible avoid duplication of effort and expense. The secretary may also provide**  **for quality review and evaluation of monitoring conducted by other persons in order to f**  **urther the objectives of this act and to determine the extent and necessity of monitoring pr**  **ograms to be conducted by the department of health and environment. History**  : **L. 1978, ch. 352, § 2; July 1.**

65-3023. Same; fees; disposition of moneys; power generating facility fee fund

created. **The secretary shall remit all moneys received from fees under K.S.A. 65-3022, and** 
**amendments thereto, to the state treasurer in accor dance 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 treasu ry to the credit of the power generating**  **facility fee fund, which fund is hereby created. Al l 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 secreta ry. History**  : **L. 1978, ch. 352, § 3; L. 1983, ch. 286, § 4; L. 2001, ch. 5, § 242; July 1.** 

65-3024. Emissions fees. **(a) The secretary may fix, charge and collect annu al emissions**  **fees in amounts necessary to pay the direct and ind irect costs of administering the provisions**  **of the Kansas air quality act. The secretary shall adopt rules and regulations fixing such fees**  **and shall periodically increase or decrease such fe es consistent with the need to cover the** 

### Kansas Air Quality Law **12**



## direct and indirect costs of administering the prog **ram. To the extent possible, annual emission fees shall be based upon actual emissions**  **determined pursuant to rules and regulations adopted by the secretary. For purposes**  **of determining emission fees for a facility, emissions of any single regulated polluta**  **nt in excess of 4,000 tons per year shall not be included in the calculation when determining the**  **total emissions from the facility. (b) There is hereby established in the stat**  **e treasury the air quality fee fund. Revenue from the following sources shall be deposited in th**  **e state treasury and credited to the fund: (1) Fees collected under subsection (a);**  **(2) any moneys recovered by the state under the provisions of this act, including**  **administrative expenses, civil penalties and moneys paid under any agreement, stipulation or** 
**settlement; and (3) interest attributable to investment of**  **moneys in the fund. (c) Moneys deposited in the fund shall be e**  **xpended only for the purpose of administering the Kansas air quality act, including**  **funding of a technical and environmental compliance assistance program, and for no other gov**  **ernmental purposes. (d) On or before the 10th of each month, th**  **e director of accounts and reports shall transfer from the state general fund to the air qua**  **lity fee fund interest earnings based on: (1) The average daily balance of moneys in**  **the air quality fee fund for the preceding**
**month; and (2) the net earnings rate of the pooled mon**  **ey investment portfolio for the preceding**

**month. (e) All expenditures from the fund shall be**  **made in accordance with appropriation acts upon warrants of the director of accounts and repor** **ts issued pursuant to vouchers approved by the secretary for the purposes set forth in this**  **section. History** : **L. 1993, ch. 13, § 8; L. 1996, ch. 253, § 13; May 23.** 

65-3025. Unlawful acts. **It shall be unlawful for any person to do any of t he following:**  **(a) Violate any provision of an order issue d under this act.**  **(b) Violate any provision of an approval or permit issued under this act.**  **(c) Violate any provision of this act or an y rule and regulation promulgated under this**  **act, unless the secretary makes a determination rel ating to the permittee that the specified**  **provisions referred to in such determination are no t applicable to the source and the permit**  **includes that determination or a concise summary th ereof. Compliance with the provisions of**  **a permit shall be deemed compliance with applicable provisions of this act or any rule and**  **regulation promulgated under this act if the permit includes the applicable requirements of**  **such provisions. Nothing in this subsection (c) or in any permit shall alter or affect: (1) The**  **provisions of section 303 of the federal clean air act (emergency orders), including the**  **authority of the administrator of the United States environmental protection agency under**  **that section; (2) the provisions of K.S.A. 65-3012 and amendments thereto; (3) the liability of**  **an owner or operator of a source for any violation of applicable requirements prior to or at the**  **time of permit issuance; (4) the applicable require ments of the acid rain program consistent**  **with section 408a of the federal clean air act; (5) the ability of the United States**  **environmental protection agency to obtain informati on from a source pursuant to section 114**  **of the federal clean air act; or (6) the ability of the secretary to obtain information from a**  **source pursuant to this act. (d) Construct, modify, alter, use or operat**  **e an air contaminant emission stationary source without an approval or permit allowing such**  **construction, modification, alteration, use or operation.**  **(e) At any time, refuse or hinder entry, in spection, sampling or examination or copying**  **of records related to the purposes of this act by a n agent or employee of the secretary after**  **such agent or employee identifies and gives notice of the agent's or employee's purpose.** 

### Kansas Air Quality Law **13**



## (f) Fail to pay any fee required by this ac **t or rules and regulations promulgated under**

**this act. (g) Knowingly make any false material state**  **ment, representation or certification in any application, record, report, permit or other docume**  **nt filed, maintained or used for purposes of compliance with this act.**  **(h) Knowingly destroy, alter or conceal any record required to be maintained under rules**  **and regulations promulgated by the secretary under this act. History**  : **L. 1993, ch. 13, § 10;**

**March 25.**

65-3026. Criminal penalties. **(a) Violation of any provision of subsections (a) through (f) of** 
**K.S.A. 65-3025, and amendments thereto, is a class A nonperson misdemeanor.**  **(b) Knowingly violating any provision of K. S.A. 65-3025 is a severity level 10, nonperson**  **felony. (c) In the case of a continuing violation,**  **every day such violation continues shall be deemed a separate violation.**  **(d) The county or district attorney of ever y county shall file appropriate actions for**  **enforcement of this section upon request of the sec retary or upon the county or district**  **attorney's own motion after consultation with the s ecretary. History**  : **L. 1993, ch. 13, § 11; L. 1995, ch. 251, § 19; July 1.** 

65-3027. Small business assistance program; compliance advis ory panel. **(a) There is hereby created the small business stationary source**  **technical and environmental compliance assistance program, to be administered by the secre**  **tary. The program shall include each of the following:**  **(1) Adequate mechanisms for developing, col lecting and coordinating information**  **concerning compliance methods and technologies for small business stationary sources and**  **programs to encourage lawful cooperation among such sources and other persons to further**  **compliance with this act. (2) Adequate mechanisms for assisting small**  **business stationary sources with pollution prevention and accidental release detection and pre**  **vention, including providing information concerning alternative technologies, process change**  **s, products and methods of operation that help reduce air pollution.**  **(3) A designated office within the Kansas d epartment of health and environment,**  **reporting directly to the secretary, to serve as om budsman for small business stationary**  **sources in connection with implementation of this a ct.**  **(4) A compliance assistance program for sma ll business stationary sources which**  **assists small business stationary sources in determ ining applicable requirements and in**  **receiving permits under this act in a timely and ef ficient manner.**  **(5) Adequate mechanisms to assure that smal l business stationary sources receive**  **notice of their rights under this act in such manne r and form as to assure reasonably**  **adequate time for such sources to evaluate complian ce methods and any relevant or**  **applicable proposed or final rule and regulation or standard adopted under this act.**  **(6) Adequate mechanisms for informing small business stationary sources of their**  **obligations under this act, including mechanisms fo r referring such sources to qualified**  **auditors or for providing audits of the operations of such sources to determine compliance** 

**with this act. (7) Procedures for consideration of request**  **s from a small business stationary source for modification of: (A) Any work practice or technolog**  **ical method of compliance; or (B) the schedule of milestones for implementing such work p**  **ractice or method of compliance preceding any applicable compliance date, based on**  **the technological and financial capability of any such small business stationary so**  **urce. No such modification may be**

### Kansas Air Quality Law **14**



## granted unless it is in compliance with the applica **ble requirement of this act and rules and regulations promulgated hereunder.**  **(b) "Small business stationary source" mean s a stationary air contaminant emission** 

**source that: (1) Is owned or operated by a person that e**  **mploys 100 or fewer individuals; (2) is a small business concern as defined**  **in the federal small business act; (3) is not a major stationary source;**  **(4) does not emit 50 tons or more per year of any regulated air contaminant; and**  **(5) emits less than 75 tons per year of all regulated air contaminants.**  **(c) Upon petition by a source, the secretar y, after notice and opportunity for public**  **comment, may include as a small business stationary source for purposes of this section any**  **stationary source which does not meet the criteria of subsection (b)(3), (4) or (5) but which**  **does not emit more than 100 tons per year of all re gulated air contaminants.**  **(d) The secretary may exclude from the smal l business stationary source definition any**  **category or subcategory of sources that the adminis trator of the United States environmental**  **protection agency determines to have sufficient tec hnical and financial capabilities to meet**  **the requirements of the federal clean air act witho ut the application of this program, as**  **provided by section 507(c)(3)(A) of the 1990 amendm ents to the federal clean air act.**  **(e) The secretary, in consultation with the administrator of the United States**  **environmental protection agency and the administrat or of the United States small business**  **administration and after providing notice and the o pportunity for public hearing, may exclude**  **from the small business stationary source definitio n any category or subcategory of sources**  **that the secretary determines to have sufficient te chnical and financial capabilities to meet**  **the requirements of the act without the application of this section.**  **(f) There is hereby created a compliance ad visory panel composed of seven individuals.**  **The compliance advisory panel shall: (1) Render advisory opinions concerning the**  **effectiveness of the small business stationary source technical and environmental compl**  **iance assistance program, difficulties encountered and degree and severity of enforcement;**  **(2) make periodic reports to the administra tor of the United States environmental**  **protection agency concerning compliance of the smal l business stationary source technical**  **and environmental compliance assistance program wit h the requirements of the federal**  **paperwork reduction act, the regulatory flexibility act and the equal access to justice act;**  **(3) review information for small business s tationary sources to assure such information**  **is understandable by the layperson; and (4) have the small business stationary sour**  **ce technical and environmental compliance assistance program serve as the secretariat for the**  **development and dissemination of such reports and advisory opinions.**  **(g) The compliance advisory panel shall con sist of:**  **(1) Two members who are not owners, or repr esentatives of owners, of small business**  **stationary sources, appointed by the governor to re present the general public;**  **(2) two members who are owners, or who repr esent owners, of small business**  **stationary sources, one appointed by the speaker an d one appointed by the minority leader**  **of the Kansas house of representatives; (3) two members who are owners, or who repr**  **esent owners, of small business stationary sources, one appointed by the president**  **and one appointed by the minority leader**
**of the Kansas senate; and (4) one member appointed by the secretary t**  **o represent the department of health and**

**environment. (h) Members of the compliance advisory pane**  **l serving on the effective date of this act by appointment by the governor, the speaker of the**  **house of representatives or the president**

### Kansas Air Quality Law **15**



## of the senate shall serve for terms ending June 30, **1998; members serving on the effective date of this act by appointment by the minority lea**  **der of the house of representatives, the minority leader of the senate or the secretary of h**  **ealth and environment shall serve for terms ending June 30, 1997. Upon expiration of such terms**  **, the term of each member appointed to a vacancy created by expiration of a term shall be**  **two years commencing on July 1 immediately following expiration of the term of the**  **member's predecessor. Any vacancy occurring on the panel shall be filled for the unex**  **pired term by appointment by the original appointing authority.**  **(i) A chairperson shall be elected annually by the members of the compliance advisory**  **panel. A vice-chairperson shall be designated by th e chairperson to serve in the absence of**  **the chairperson. (j) The secretary may reduce any fee requir**  **ed by this act for any classification of small**

**business sources to take into account the financial resources of such classification. History**  : **L. 1993, ch. 13, § 15; L. 1997, ch. 18, § 1; Apr. 3**

**.**

65-3028. Rules and regulations continued in effect. **All rules and regulations promulgated pursuant to K.S.A. 65-3001**  et seq **., and amendments thereto, in existence on**

**the effective date of this act shall continue to be effective until revised, amended, repealed or**  **nullified pursuant to law. History** : **L. 1993, ch. 13, § 16; March 25.**

**Please note that this copy of the Kansas Air Qualit y Statutes may** 

**contain typographical errors. The text contained he rein is from** 

**the State of Kansa s Legislature website. The following disclaimer** 

**is from that website:**

NOTICE **The text of the Kansas Statutes is provided with th e permission of the** 

**Revisor of Statutes of the State of Kansas. The Information Network** 

**of Kansas has made every effort to create an accurate electro**  **nic representation of the Kansas Statutes. In some case**  **s there may be minor discrepancies with the printed document. In t**  **hose cases neither**

**INK nor the State of Kansas shall be liable for the effect of those**  **discrepancies.**

## Vol. 28, No. 22 May 28, 2009 Pages 787-842



# In this issue . . . Page

Criminal Justice Coordinating Council Notices of available grant funding .. .... . .. .. . . .. .. .. . .. .. . .. . . . .. . . .. . .

. .. . .. .. .. . .. .. . .. .. . . . .. .. . .. .. .. . . . .. . .. .. . .. .. .. . ... .. ..... 788, 789

Legislative interim committee schedule

.. .... .. ... .. .. . .. .. . . . .. . .. .. .. . .. .. . .. .. .. . .. . . . . . .. .. . .. .. . . . .. . .. .. .. . .. .. . .. .. .. . .. ... ... .. ... ... . 789

Kansas Department of Transportation Request for comments on the Statewide Transportation Improvement Program . .. . . . .. .. .. . .. .. . . . .. .. . .. . . . .. . . .. . . .... ... .. ... ... 789

Notice to contractors .. .... . ... ... .... .. .. .... .. . .. .. . .. .. . .. .. .. .

.. . . . .. .. .. . .. .. . . . .. .. . .. .. . .. .. . .. .. .. . . . .. . .. .. . . . .. .. . .. ... .. ... .. ... .. .. 790 Notice to consulting engineers.. .... . ... .... .. ... . .. .. . .. .. .. . .. .. . .

. .. . .. .. .. . .. .. . .. .. .. . .. .. . .. .. .. . .. .. . .. . . . .. .. .. . .. .. . ... ... ...... ... . 791

Department of Revenue—Division of Motor Vehicles Notice of intent to establish a new line-make for an existing new motor vehicle dealer . .. . . . .. .. .. . .. .. . . . . . .. . .. . . . ... .. ..... ... . . 791

Kansas Water Authority Notice of meetings ... .. .. ...... . ... ... . .... .. . ... .. .. . .. .. . .

. .. .. . .. . . . .. .. .. . .. .. . .. .. .. . .. .. . .. .. .. . .. . . . .. .. . .. .. .. . . . .. . .. . .. .. .. .. ... .... 792

Secretary of State Executive appointments .. .... . ... ... .... .. .. . ... . .. .. .. . .. .. . .. . . ..

. .. .. . . . .. . . . .. .. . .. .. .. . . . .. . .. .. .. . .. .. .. . .. . .. .. .. . .. .. .. .... .. .. .. .. .. 792

Department of Health and Environment Notice concerning water pollution control permits/applications . .. . . . .. .. . . . .. .. . .. .. .. . . . .. . .. .. . . . .. .. . .. .. . . . .. .. . . . . ... ...... . .. ... 793 Request for comments on proposed post-closure plan . .. . . . .. .. .. . .. .. . . . .. .. . .. . . . .. . . .. . .. .. . .. .. .. . .. .. . .. .. . .. .. .. . ... ... ... .. .... .. 795 Request for comments on proposed air quality permit . .. . . . .. .. .. . .. .. . . . .. .. . .. . . . .. . . .. . .. .. . .. .. .. . .. .. . .. .. . .. .. .. . ... ... .. .. .. ... .. 796

Pooled Money Investment Board

Notice of investment rates.. .... . ... .... ... .. .. ... . .. .. . .. .. .. . .. ..

. .. .. .. . .. .. . . . .. . . . .. .. . .. .. .. . . . .. . .. .. .. . .. .. . .. .. . .. .. .. . . .... ..... ... . 795

Department of Administration—Division of Purchases Notice to bidders for state purchases .. .... . ... . . . .. .. .. . .. .. . . . .. . .. .. . . . .

. .. . .. .. .. . .. .. . . . .. .. . .. .. . .. .. . .. .. .. . .. . . . .. .. .. .... .. .. .. .. .. 795

City of South Hutchinson Notice of intent to seek private placement of general obligation bonds. .. . . . .. .. .. . .. .. . . . .. .. . .. . . . .. . . .. . .. .. . .. .. .. . ... ... .. ... .. .. 796

Notice of Bond Sale City of Leavenworth .. .. ...... . ... ... ... .... . . ... .. .. . . . .. . .

. .. .. . .. .. . .. . . . .. .. .. . .. .. . .. .. .. . .. .. . .. .. .. . .. . . . .. .. . . . .. .. . . . ... . .. ..... . ... . 796

Kansas State University

Notice to bidders .. .. ..... .. ... .. .. ..... ... .. .. . .. . .. .. . .. .

. .. . .. . . . .. .. .. . .. .. . . . .. .. . .. .. . .. . . . .. .. . . . .. .. . . . .. .. . . . .. . .. .. .. .. .. ..... . ... ... 797

University of Kansas

Notice to bidders .. .. ..... .. ... .. .. ..... ... .. .. . .. . .. .. . .. .

. .. . .. . . . .. .. .. . .. .. . . . .. .. . .. .. . .. . . . .. .. . . . .. .. . . . .. .. . . . .. . .. .. .. .. .. ..... . ... ... 797

Permanent Administrative Regulations Racing and Gaming Commission.. .... . ... .. . .. . .. .. . . . .. .

.. .. .. . .. .. . .. .. .. . .. . . . . . .. .. . .. .. . . . .. . .. .. .. . .. . . . .. .. .. . .. .. . ... . .. ...... ... .. 797 Department of Health and Environment .. .. ... . .. . . . .. .. .. . .. .. . . . .. . .. .. . . . ..

.. . .. .. .. . .. .. . . . .. .. . .. .. . .. .. . .. .. .. . .. . . . . ... .. . ..... .. .. 798

New State Laws Senate Bill 84, concerning school districts; relating to school finance. .. . . . .. .. . . . .. .. . .. .. .. . . . .. . .. .. . . . .. .. . .. .. .. . .. . ... .. .. ... .... 801 House Bill 2162, concerning the behavioral sciences; marriage and family therapists and psychologists. ... .. .. ..... . .... .. ... .. . ... . . .. . .. .. . .. ..

.. . .. . . . .. .. . .. .. . . . . . .. . .. .. .. . .. .. . .. .. .. . .. .. . . . .. .. . .. .. . .. .. . .. .. .. ... . ... 803 House Bill 2158, concerning elections and election related issues . .. . . . .. .. .. . .. .. . . . .. .. . .. . . . . . . . .. . .. .. . .. .. .. . .. .. . . .... .. .. . ... ... 804 House Substitute for Senate Bill 168, concerning state agencies; relating to salaries and wages . .. . . . .. .. . . . .. .. . . .. ... .... ... .. . 808 Senate Substitute for House Bill 2072, concerning retirement and pensions . .. . . . .. .. .. . .. .. . . . .. .. . .. . . . .. . . .. . .. .. . .. ... . .. .... ... 808 Senate Substitute for House Bill 2369, concerning energy; relating to conservation and electric generation, transmission and efficiency and air e missions. .. . . . .. .. . . . .. .. . .. .. .. . . . .. . .. .. . . . .. .. . . . .. .. . .. . ... .. .. ... .... 812 Senate Substitute for Substitute for House Bill 2365, concerning taxation. .. . . . .. .. .. . .. .. . . . .. .. . .. . . . .. . . .. . .. .. . .. . .. . ...... ... .. 821

Index to administrative regulations

.. .... . ... .. . ... . .. . . . .. .. .. . .. .. . . . .. .. . .. .. . .. .. . . . .. .. . .. .. .. . . . .. . .. .. . .. .. .. . .. . .. .. .. .. .. ... .. .. ... ... 836q Kansas Secretary of State 2009 

## Vol. 28, No. 22, May 28, 2009 Notice 788 

# Kansas Register

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, 1st Floor, Memorial Hall, 120 S.W. 10th Ave., Topeka, KS 66612-1594. One-year subscriptions are $80 (Kansas residents must include applicable state and local sales tax). Single copies may be purchased, if available, for $2 each. Periodicals postage paid at Topeka,

KS.

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.

q Kansas Secretary of State 2009. Reproduction of this 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.



### PUBLISHED BY Ron Thornburgh 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 State of Kansas 

## Criminal Justice Coordinating Council

Notice of Available Grant Funding

The President signed into law the Federal American Recovery and Reinvestment Act (the Recovery Act) of2009 (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 AssistanceGrant (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 stateand 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 support otherstrategies 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, theremust 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 andeducation programs; (4) corrections and community corrections programs; (5) drug treatment and enforcementprograms; (6) planning, evaluation and technology improvement programs; and (7) crime victim and witness

programs.A printed copy of the grant application may be accessed via the Internet at http: // www.governor.ks.gov/ grants/default.htm. Applications must be submitted via the Grant Portal bymidnight June 16 (see Grant Application Portal Instructions link at https: //

www.accesskansas.org /ssrv-ksgrants/ index.do).

Juliene Maska

Governor’s Grants Program Administrator

Doc. No. 037076q Kansas Secretary of State 2009 

## Vol. 28, No. 22, May 28, 2009 Notices/Interim Agenda 789 

# Kansas Register

State of Kansas 

## Criminal Justice Coordinating Council

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). TheKCJCC 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; NativeAmerican tribes; and nonprofit, community and faithbased organizations. The primary use of JAG is to support the followingpurpose 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.A printed copy of the grant application may be accessed via the Internet at http: // www.governor.ks.gov/ grants/default.htm. All grant applications must be submitted via the Grant Portal by midnight June 23 (see Grant Application Portal Instructions link at https: // www.accesskansas.org /ssrvksgrants/

index.do).

Juliene Maska Governor’s Grants Program Administrator

Doc. No. 037077 

### State of Kansas 

## Department of Transportation

Request for Comments

The Kansas Department of Transportation requestscomments on the amendment of the Statewide Transportation Improvement Program (STIP) FY 09-12 by adding the following project:

Project C-4505-01, Statewide Bridge Inspection of Fractural Critical Bridges and Bridges with Scour Potential



### The amendment of the STIP requires a public comment period of 30 days. To receive more information on any ofthese projects or to make comments on the STIP amendment, contact the Kansas Department of Transportation, Bureau of Program and Project Management, 2nd FloorTower, 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) 296- 3585 (Voice

/ TTY). The comment period regarding the STIP amendment will conclude June 29.

Deb Miller Secretary of Transportation

Doc. No. 037087



### State of Kansas 

## Legislature

Interim Committee Schedule

The following committee meetings have been scheduled durin g the period of May 28-June 4. Requests for accommodation to participate in committee meetings should be mad e at least two working days in advance of the meeting by contacting Legislative Administrative Services at (785 ) 296-2391 or TTY (785) 296-8430. When available, agendas ca n be found at http: //

kslegislature.org

/ klrd. Interim committee memberships can be found on the Legislative Research Department’s Web site at http: //skyways.lib.ks.us/ ksleg / KLRD / Committees.htm.

Date Room Time Committee Agenda

May 28 May 29 535-N

535-N 10:00 a.m.

9:00 a.m. 2010 Commission Development of final report to 2010 Legislature.

June 4 545-N 9:00 a.m. Legislative Coordinating

Council Legislative matters.

June 4 House

Chambers 10:00 a.m. House of Representatives Sine Die

June 4 Senate

Chambers 10:00 a.m. Senate Sine Die

June 4 446-N Upon Adjournment

of Both Houses Joint Committee on

Building Construction Discussion of leases and change orders, and Regents deferred maintenance.



### Jeffrey M. Russell Director of Legislative

Administrative Services

Doc. No. 037085q Kansas Secretary of State 2009 

## Vol. 28, No. 22, May 28, 2009 Notice to Contractors 790 

# Kansas Register

State of Kansas 

## Department of Transportation

Notice to Contractors

Sealed proposals for the construction of road andbridge 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 17 and then publicly opened:

District One — Northeast

Atchison —3 C-4209-01 — County road 0.5 mile west of Cummings, 0.3 mile, grading, bridge and surfacing. (Federal Funds) Douglas —40-23 U-2041-01 — Intersection of North2nd Street and Locust Street in Lawrence, 0.2 mile, intersection improvement. (Federal Funds) Jackson —75-43 KA-1500-01 — U.S. 75 in the vicinity of the Prairie Band Potawatomi Tribal Nation, Intelligent Transportation System. (Federal Funds) Johnson-Wyandotte —635-106 KA-1543-01 — I-635from Merriam Lane to Georgia Street, 4.3 miles, pavement marking. (State Funds)

Leavenworth —52 C-4469-01 — Intersection of County Road 1 and K-32, 0.5 mile, intersection improvement. (Federal Funds) Wyandotte —70-105 KA-1666-01 — I-70 east of the 94th Street bridge west 1 mile, paving. (State Funds) Wyandotte —105 N-0462-01 — 29th and State in Kansas City, intersection improvement. (Federal Funds)

Shawnee —70-89 KA-1670-01 — I-70 pavement patching at various locations in Topeka, 3.3 miles. (State Funds)

District Two — Northcentral
Washington —36-101 K-9777-01 — U.S. 36 from west of D Street east to the junction of K-15 in Washington, 0.4 mile, grading and surfacing. (State Funds) Washington —15-101 KA-0836-01 — K-15 from 1 mile south of U.S. 36 north 0.5 mile to the Mill Creek Bridge, grading and surfacing. (State Funds)

Saline —70-85 KA-1667-01 — I-70 from the Lincoln-Saline county line east to 0.4 mile west of I-135, 14.7 miles, pavement marking. (Federal Funds)

District Three — Northwest

Osborne —24-71 KA-1301-01 — U.S. 24 bridge 4 miles west of the south junction of U.S. 281, bridge repair. (State Funds)

District Four — Southeast

Wilson —103 C-4395-02 — Pedestrian and bicycle paths in Neodesha. (Federal Funds)

Crawford —160-19 KA-1561-01 — U.S. 160 bridge 2.5miles west of the Kansas-Missouri state line, bridge repair. (State Funds)

District Five — Southcentral

Stafford —93 C-4404-02 — Pedestrian and bicycle paths in the city of Stafford. (Federal Funds) Sedgwick—54-87 KA-1247-01 — U.S. 54 bridge 14 miles east of the junction of U.S. 54/ K-163, bridge repair. (State Funds) Pratt—61-76 KA-1655-01 — K-61 from the junction of U.S. 54 north 1.3 miles, seal. (State Funds) Harvey—50-40 KA-1662-01 — U.S. 50 from the north junction of I-135 to 0.5 mile west of city limits of Walton, 4.8 miles, pavement marking. (Federal Funds) Harvey—135-40 KA-1663-01 — I-135 from the south junction of U.S. 50 to the Harvey-McPherson county line, 14.4 miles, pavement marking. (Federal Funds) Sedgwick—54-87 KA-1664-01 — U.S. 54 from the Kingman-Sedgwick county line east to 0.5 mile east of K-163, 7.5 miles, pavement marking. (Federal Funds)

District Six — Southwest

Ford —56-29 KA-1244-01 — U.S. 56, 0.3 mile north of the junction of U.S. 56/ U.S. 400, bridge repair. (State Funds)

Meade —160-60 K-7421-01 — U.S. 160 from the Seward-Meade county line east to the west junction of U.S. 54, 3.8 miles, grading and surfacing. (Federal Funds)

Seward —83-88 KA-1660-01 — U.S. 83 from the KansasOklahoma state line north 5 miles, pavement marking. (Federal Funds)

Seward —88 U-2046-01 — Eighth Street from U.S. 54 toU.S. 83 in Liberal, 0.7 mile, grading and surfacing. (Federal Funds)

Proposals will be issued upon request to all prospectivebidders 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 byor 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. 037082q Kansas Secretary of State 2009 

## Vol. 28, No. 22, May 28, 2009 Notices 791 

# Kansas Register

State of Kansas



## Department of Revenue

Division of Motor Vehicles

Notice of Intent to Establish a New Line-Make for an Existing New Motor Vehicle Dealer

Notice has been received from Womack Sunshine Ford, Inc., 632 S. Ohio St., Salina, Kansas, Kansas Dealer #987,that it will be adding the Kawasaki line-make to its location at 632 S. Ohio St., Salina, Kansas, 67401. Pursuant to K.S.A. 8-2430(a)(5), any existing new motor vehicle dealer may protest the proposed addition of the new line-make at Womack Sunshine Ford, Inc., if thatexisting 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 at Womack Sunshine Ford, Inc., at 632 S. Ohio St., Salina, 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 Suzuki 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. Suchpetitions or complaints must be directed to Kansas Department of Revenue, Director of Motor Vehicles, 1st Floor, Docking State Office Building, 915 S.W. Harrison, Topeka, 66612.

Michael J. McLin, Bureau Manager Titles & Registrations

/ Dealer Licensing Bureau

Doc. No. 037080



### State of Kansas 

## Department of Transportation

Notice to Consulting Engineers

The Kansas Department of Transportation is seeking qualified consulting engineering firms for the project listed below. A response may be submitted by e-mail to davidn@ksdot.org or seven signed copies of the responsecan be mailed to David Nagy, P.E., Assistant to the Director, Division of Engineering and Design, KDOT, Eisenhower State Office Building, 700 S.W. Harrison, Topeka, 66603-3754. Responses shall be limited to fourpages and must be received by noon June 18 for the consulting engineering firm to be considered. Firms not prequalified with KDOT must submit seven copies of KDOT Form 1050 to become prequalified. The form is available at www.ksdot.org /divengdes/

prequal.From the firms expressing interest, the Consultant Selection Committee will select a list of the most highly qualified (not less than three and not more than five) and

invite them to attend an individual interview conference. At this time, the consulting firms can more thoroughly discuss their experience related to the type of project at hand and will be expected to discuss, in some detail, their approach to this project and the personnel to be assigned to the project. Firms not selected to be short-listed will be notified by letter. The Consultant Negotiating Committee, appointed bythe Secretary of Transportation, will conduct the discussions with the firms invited to the individual interview conferences. The committee will select the firm to performthe professional services required for completing the advertised project. After the selection of this firm, the remaining firms will be notified by letter of the outcome.

Traffic Engineering Assistance Program The Bureau of Local Projects has developed a Traffic Engineering Assistance Program (TEAP). This program enables the Kansas Department of Transportation (KDOT) to utilize Federal 402 Safety funds in order to assist local political subdivisions in solving traffic engi

neering operational and safety improvements when they do not have the traffic engineering expertise available. The consultant selected is to provide traffic engineering services during federal fiscal years 2010, 2011 and 2012 for one of two areas. Area One comprises KDOT DistrictsOne, Two and Three. Area Two comprises KDOT Districts Four, Five and Six. Each area will receive a maximum of $75,000 per year. The development of detailedplans, designs, specifications or estimates will not be approved under this program.

It is KDOT’s 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; 4. work load of firm; and 5. firm’s performance record.

The following is a list of possible areas where the consultant may be called upon to do work. Work will not belimited to these categories and will depend upon the nature of a project and its impact on traffic safety: 1. Traffic Accident Analysis

2. Traffic Counts 3. Speed Surveys

4. Minor Traffic Generation Studies 5. Limited Transit Analysis 6. Parking Problems 7. Capacity Analysis 8. Lighting and Visibility Analysis 9. Traffic Signal Progression and Delay Problems 10. Intersection-related Safety Problems 11. Alignment Problems 12. Sight Distance Difficulties 13. Railroad Crossings

14. CBD Circulation Studies 15. Pavement Marking Analysis 16. High Accident Analysis 17. School Signing and Markings 18. Signal Needs Study 19. Major Street Operational Analysis 20. CBD Operation, Parking, or Capacity Analysis

Deb Miller Secretary of Transportation

Doc. No. 037068q Kansas Secretary of State 2009 

## Vol. 28, No. 22, May 28, 2009 Meetings/Executive Appointments 792 

# Kansas Register

State of Kansas



## Kansas Water Authority

Notice of Meetings

The Kansas Water Authority will meet Thursday and Friday, June 11-12, at the Train Depot, 430 N. Main St., El Dorado. The meeting begins at 9 a.m. Thursday, June 11, and at 8:30 a.m. Friday, June 12. The chairs of the state’s12 river basin advisory committees, advisors to the Kansas Water Authority, will meet at 8 a.m. Thursday, June 11, also at the Train Depot. The agenda is available on the Kansas Water Office Web site at www.kwo.org or may be requested by calling (785) 296-3185 or toll free (888) 526-9283 (KAN-WATER). If special accommodations are needed at the meeting site, please contact the Kansas Water Office at least two days in advance of the meeting.

Steve Irsik

Chairman

Doc. No. 037086



### State of Kansas 

## Secretary of State

Executive Appointments

Executive appointments made by the Governor, and insome cases by other state officials, are filed with the Secretary of State’s 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 State’s Web site at www.kssos.org. The following appointments were recently filed with the Secretary of State:

Douglas County Commissioner

Michael Gaughan, 304 Stetson Circle, Lawrence, 66049. Succeeds Charles Jones, resigned.

Kansas Dental Board

Dr. Glenn V. Hemberger, 8575 W. 110th St., Suite 310,Overland Park, 66210. Term expires April 30, 2013. Succeeds Dr. Brad Higgerson.

Dr. Michael L. Milford, 1105 Champions View Drive, Dodge City, 67801. Term expires April 30, 2013. Succeeds

Dr. Robert Henson.

Dr. Roger L. Stevens, 4881 Bowman Drive, Manhattan, 66503. Term expires April 30, 2013. Reappointed.

Education Commission of the States

Sally Cauble, 530 Lilac, Liberal, 67901. Term expires March 23, 2011. Succeeds William Wagnon.

Employment Security Board of Review

Larry F. Turnquist, Chair, 815 Hanson Hollow, Salina, 67401. Term expires June 30, 2013. Reappointed.

Governor’s Agriculture Advisory Board

Jay R. Garetson, 2276 50th Road, Copeland, 67837. Term expires January 10, 2013. Reappointment.
Kenneth R. Palmgren, 2835 Road 64, Edson, 67733. Term expires January 10, 2013. Reappointment. Ann M. Peuser, 1313 7th St., Baldwin City, 66006. Term expires January 10, 2013. Reappointment.

Roland L. Rhodes, 27585 W. 183rd, Gardner, 66030. Term expires January 10, 2013. Reappointment.

Governor’s Domestic Violence Fatality Review Board

Victoria Sue Meyer, 1821 S. 32nd, Kansas City, KS 66106. Serves at the pleasure of the Governor. Succeeds Carly Farrell.
Dr. Marilyn J. Ray, 2750 Thunderbird Circle, Hays, 67601. Serves at the pleasure of the Governor. Succeeds Dr. Mary Dudley.

Governor’s Mental Health Services

Planning Council

Sherman W. Cole, Chair, 937 Walnut, Osawatomie, 66064. Term expires June 30, 2013. Reappointed.

Rhonda L. Moreland, P.O. Box 653, Americus, 66835. Term expires June 30, 2011.

Kansas Hispanic and Latino

American Affairs Commission

Shala J. Perez, 9014 E. Scott St., Wichita, 67202. Term expires June 30, 2012. Reappointed.

Susana Valdovinos, 626 Morningside Road, Topeka, 66606. Term expires June 20, 2011. Reappointed.

Kansas Human Rights Commission

Jeffrey E. Lewis, 4216 S.W. Clarion Lakes Drive, Topeka, 66610. Term expires January 15, 2012. Succeeds Errol Williams.

Kansas Humanities Council

Dr. Steven K. Kite, 310 W. 20th St., Hays, 67601. Term expires June 30, 2011. Succeeds Maurice Bryan.

Kansas National Guard

Brig. Gen. Alexander Duckworth, 204 N.W. Birch,
Lee’s Summit, MO 64064.

State Board of Nursing

Jane A. Conroy, 2614 Apple Drive, Emporia, 66801. Term expires June 30, 2013. Reappointed.

Judith A. Hiner, 509 N. Overlook, Coffeyvillle, 67337.Term expires June 30, 2013. Succeeds Tamara Hutchinson. Janet J. Jacobs, 4630 S. Wind Road, Derby, 67037. Term expires June 30, 2013. Reappointed.

James B. Pearson Fellowship Selection Board

Kenneth E. North, 8529 Bradshaw St., Shawnee Mission, 66215. Term expires December 31, 2010. Reappointed.
Rep. Valdenia Winn, 1044 Washington Blvd., KansasCity, KS 66102. Term expires December 31, 2011. Reappointed.

State Board of Pharmacy

James Garrelts, 4131 Plum Tree St., Wichita, 67226. Term expires April 30, 2012. Succeeds Nancy Gilstrap.q Kansas Secretary of State 2009 

## Vol. 28, No. 22, May 28, 2009 Executive Appointments/Notice 793 

# Kansas Register

Nancy Kirk, 932 Frazier Ave., Topeka 66606. Term expires April 30, 2012. Reappointed.

Kansas Public Employees Retirement System

Board of Trustees

Michael Braude, 5319 Mission Woods Terrace, Shawnee Mission, 66205. Term expires January 15, 2013. Reappointed.

Rachel Reiber, 11032 S. Whitetail Lane, Olathe, 66061. Term expires January 15, 2013. Reappointed.

Kansas Real Estate Commission

Kathryn A. Copeland, 14928 S. Arapaho Dr., Olathe, 66062. Term expires April 30, 2013. Succeeds Melville Perry.

Tim Holt, 4645 S.E. 90th St., Kingman, 67068. Term expires April 30, 2013. Reappointment.

State Fair Board

Ron E. Hinrichsen, 1380 Christian Road, Westmoreland, 66549. Term expires March 14, 2012. Succeeds John Bottenberg.

Tom R. Tunnell, 1935 S.W. Indian Woods Lane, Topeka, 66611. Term expires March 14, 2012. Reappointed.

State Board of Technical Professions

David L. Hoffman, 14006 E. Hawthorne, Wichita, 67230. Term expires June 30, 2013. Reappointed.

Council on Travel and Tourism

Judith Billings, 790 N. 950 Road, Lawrence, 66047. Term expires September 30, 2010. Reappointed.

Bob Carmichael, 3041 S.W. Arrowhead Road, Topeka, 66614. Term expires September 30, 2010. Reappointed.

Kenneth L. Corbet, 10351 S.W. 61st, Topeka, 66610. Term expires September 30, 2011. Reappointed.
Sheila Lampe, 108 N. Scott, Piqua, 66761. Term expires September 30, 2010. Reappointed.

John L. Rolfe, 1121 N. Glenmoor Court, Wichita, 67206. Term expires September 30, 2011. Succeeds Ronald Holt.

Olivia Simmons, 1275 S. Topeka Blvd., Topeka, 66612. Term expires September 30, 2011. Reappointed.
Donovan C. Stucky, 1817 Schippel Road, Salina, 67401. Term expires September 30, 2010. Reappointed.
Sabrina Symns, 2524 Vine St., Hays, 67601. Term expires September 30, 2010. Reappointed.
Dennis Vasquez, 801 S.W. Terrace Ave., Topeka, 66611. Term expires September 30, 2011. Reappointed.

Kansas Turnpike Authority

Mary E. Turkington, 1433 S.W. Campbell Ave., Topeka, 66604. Term expires April 30, 2013. Reappointed.

Kansas Volunteer Commission

Rodney L. Buchele, 2410 Comanche Court, Garden City, 67846. Term expires March 24, 2012. Reappointed.
Alysun M. Lauck, 604 Berkshire, Salina, 67401. Term expires March 24, 2010. Succeeds Kiley Eisenhour.
Kathryne L. Martin, 859 Valleyview Road, Clay Center, 67432. Term expires March 24, 2012. Succeeds Janet Waugh. Jospeh A. Mayer, 4520 S.W. Moundview Drive, Topeka, 66604. Term expires March 24, 2012. Succeeds Michael Faler.

Wildlife and Parks Commission

Debra J. Bolton, 1009 Gillespie Place, Garden City, 67846. Term expires June 30, 2013. Reappointed.

Ron Thornburgh Secretary of State

Doc. No. 037084



### State of Kansas



## Department of Health

and Environment

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 authorityvested 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 documentsare 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 Dis

charge Elimination System Authorization and/or a Kansas Water Pollution Control permit being issued, subject to certain conditions, revocation and reissuance of thedesignated permit or termination of the designated permit.

Public Notice No. KS-AG-09-146/154
Pending Permits for Confined Feeding Facilities

Name and Address of Applicant Legal Description Receiving

Water

3-Star Dairy Farm Sarah Hays 10805 E. Boundary Road Mount Hope, KS 67108 NW / 4 of Section 28,
T26S, R04W, Reno County Lower Arkansas

River Basin

Kansas Permit No. A-ARRN-M057 This is a new permit for a new facility for 74 head (103.6 animal units)of mature dairy cattle. A new dairy barn and new earthen wastewater retention structure are proposed to be constructed at this site.

Name and Address of Applicant Legal Description Receiving

Water

Curtis Daniels

18655 Ottawa Road
Erie, KS 66733 SW / 4 of Section 06, T28S, R20E, Neosho County Neosho River

Basin

Kansas Permit No. A-NENO-M014
This is a new permit for an existing facility for 50 head (70 animal units) of mature dairy cattle. An existing earthen wastewater retentionstructure will be used to capture process wastewater from the milking parlor. Runoff from the confined feeding area flows southeast to

a pasture area. (continued)q Kansas Secretary of State 2009 

## Vol. 28, No. 22, May 28, 2009 Notice 794 

# Kansas Register

Name and Address of Applicant Legal Description Receiving

Water

Buessing Dairy Roy Buessing 2920 Jayhawk Road Axtell, KS 66403 SE/ 4 of Section 22 &

SW / 4 of Section 23,
T02S, R10E, Marshall County Big Blue River

Basin

Kansas Permit No. A-BBMS-M014
This is a new permit for an expanding facility. The facility is divided into a heifer growing operation in the Southeast 1 ⁄ 4 of Section 22 and a dairy operation in the Southwest 1 ⁄ 4 of Section 23. The heifer operation currently has 54 head (54 animal units) of dairy heifers weighing more than 700 pounds and 70 head (35 animal units) of dairy heifers weighing less than 700 pounds. The facility is proposing to increase the capacity of the operation to 100 head (100 animal units) of dairy heifers weighing more than 700 pounds and 110 head (55 animal units) of dairy heifers weighing less than 700 pounds. The dairy operation currently has 150 head (210 animal units) of mature dairy cows. The facility is proposing to increase the capacity of theoperation to 200 head (280 animal units) of mature dairy cows. Additionally, the facility is proposing to construct a concrete mound across the mouth of the ground silos to contain silage runoff.

Name and Address of Applicant Legal Description Receiving

Water

Kerry & Roy Ferguson

2051 120 Road Kensington, KS 66951 SW / 4 of Section 30, T02S, R15W, Smith County Solomon River

Basin

Kansas Permit No. A-SOSM-B019
This permit is being reissued. The permit contains modifications consisting of replacing one of the sedimentation basins. This is a facility for a confined animal feeding operation for 800 head (800 animal units) of beef cattle weighing more than 700 pounds. There is no change in the permitted number of animals at this facility.

Name and Address of Applicant Legal Description Receiving

Water

Darrell Heinen

2781 Indian Road Axtell, KS 66403 NE/ 4 of Section 21,
T02S, R10E, Marshall County Big Blue River

Basin

Kansas Permit No. A-BBMS-S051
This is a reissuance of a permit for an existing facility for 150 head (60 animal units) of swine weighing greater than 55 pounds, 140 head (14 animal units) of swine weighing 55 pounds or less, 120 head (120 animal units) of cattle weighing greater than 700 pounds and 200 head (100 animal units) of cattle weighing less than 700 pounds, for a total of 294 animal units) of swine and cattle. There are no changes in animal units from the previous permit.

Name and Address of Applicant Legal Description Receiving

Water

Garten Brothers, Inc.

Clarence Garten

2305 Fair Road Abilene, KS 67410 SE/ 4 of Section 12,
T13S, R01E, Dickinson County Smoky Hill River

Basin

Kansas Permit No. A-SHDK-B019
This is a reissuance of a permit for an existing facility for 450 head (450 animal units) of cattle weighing greater than 700 pounds. There are no changes in animal units from the previous permit.

Name and Address of Applicant Legal Description Receiving

Water

Beef Belt Feeders, Inc.

David Duff

1350 E. Road 70 Scott City, KS 67871 SW / 4 of Section 29,
T19S, R32W, Scott County Upper Arkansas

River Basin

Kansas Permit No. A-UASC-C005 Federal Permit No. KS0040240
This permit is being reissued for a confined animal feeding operation for 10,500 head (10, 500 animal units) of cattle and buffalo weighing more than 700 pounds. This represents no change in animal units from the previous permit; however, plans have been approved forthe proposed modification of existing and new construction of additional wastewater storage structures. Name and Address of Applicant Legal Description Receiving

Water

Sand Creek Feeders

Marlin D. Miller 7305 W. Morgan Ave. Hutchinson, KS 67501 NE/ 4 of Section 01,
T24S, R07W, Reno County Lower Arkansas

River Basin

Kansas Permit No. A-ARRN-B005
This is a reissuance of a permit for an existing facility for 70 head (70 animal units) of cattle weighing greater than 700 pounds. There are no changes in the permitted animal units from the previous permit.

Name and Address of Applicant Legal Description Receiving

Water

Roush Farms

16021 DD Road Lebanon, KS 66952 NW / 4 of Section 24, T03S, R11W, Smith County Solomon River

Basin

Kansas Permit No. A-SOSM-S005
This existing permit is being reissued for an existing facility with a maximum capacity of 342 head (136.8 animal units) of swine weighing more than 55 pounds and 220 head (22 animal units) of swine 55 pounds or less, for a total of 158.8 animal units. There is no change in the permitted animal units from the previous permit.



### Persons wishing to comment on the draft documents

and/or permit applications must submit their commentsin 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 al l 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 27 will be considered in the formulation of the final determinations regarding this public notice. Please refer to the appropriate Kansas document number (KS-AG-09-146/ 154) and name of the applicant

/ permittee when preparing comments. After review of any comments received during thepublic 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 fileand 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.

Roderick L. Bremby Secretary of Health

and Environment

Doc. No. 037089q Kansas Secretary of State 2009 

## Vol. 28, No. 22, May 28, 2009 Notices/Request for Comments 795 

# Kansas Register

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. 2008 Supp. 12-1675(b)(c)(d) and K.S.A. 2008 Supp. 12-1675a(g).

Effective 5-25-09 through 5-31-09

Term Rate 1-89 days 0.16%

3 months 0.14%

6 months 0.29% 1 year 0.46%

18 months 0.69% 2 years 0.90%

Elizabeth B.A. Miller

Director of Investments

Doc. No. 037074



### State of Kansas



## Department of Health

and Environment

Request for Comments

The Kansas Department of Health and Environmenthas received a post-closure plan from Abbott Laboratories (EPA ID KSD981495567) regarding a closed evaporation lagoon at its facility located at 6765 South RidgeRoad, Wichita. This evaporative lagoon received industrial wastewater from 1981 to 1984 as part of a process regulated by the Resource Conservation and Recovery Act (RCRA).In 1980, Abbott submitted Part A of a permit application and attained interim status as a hazardous waste treatment, storage and disposal facility. It operated as a hazardous waste treatment facility until 1985, when itsold a majority of the facility to Air Products and Chemicals, Inc. The closure and post-closure plan was submitted to KDHE for review and approval to ensure the protection of human health and the environment. Abbott has been monitoring the groundwater at the facility since

1986. The proposed post-closure plan requires monitoring the groundwater for any contamination related to the evaporation lagoon. Abbott proposes to monitor the groundwater semiannually. The remainder of the facilityis monitored with oversight from the Environmental Protection Agency. KDHE is asking for public input during the 30-daycomment period. The revised post-closure plan, accompanying fact sheet and an administrative record are available for public review at the KDHE, Suite 320, Curtis State Office Building, 1000 S.W. Jackson, Topeka, from 8 a.m. to 5 p.m. Monday through Friday; and at the Haysville Community Library, 130 W. Grand, Haysville, from 9 a.m. to 9 p.m. Monday through Thursday, from 10 a.m. to 5 p.m. Friday and Saturday, and from 1 p.m. to 4 p.m. Sunday. Written public comments on the revised plan must be postmarked during the 30-day comment period, May 14- June 14. The public may submit comments or make requests for additional information to Mostafa Kamal, KDHE, Bureau of Waste Management, 1000 S.W. Jackson,Suite 320, Topeka, 66612. KDHE will respond to comments submitted and, if necessary, require modifications prior to approval of the plan.

Roderick Bremby Secretary of Health

and Environment

Doc. No. 037078



### State of Kansas 

## 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:

06/09 / 2009 12266 Lead and Zinc Mine Opening and

Subsidence’s Abatement Project

06/ 10/ 2009 12265 Vehicle Maintenance Services

06/ 10/ 2009 12284 Historical Structure Report

06/ 12/ 2009 12294 Weapons Kits

06/ 15 / 2009 12285 Install Padding on Walls and Floors

06/ 15 / 2009 12291 Flat-Sheet Signs

06/ 15 / 2009 12292 Flat-Sheet and Panel Signs

06/ 16/ 2009 12281 Paper Products — Facility Supply



### 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 listed belowmust 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 /

.

06/ 16/ 2009 A-011002 Kelce Center Window Replacement,

Pittsburg State University, Pittsburg

06/ 17 / 2009 A-010884 Phillipsburg Area Shop Electrical

Upgrade, Department of Transportation, Phillipsburg

06/ 18/ 2009 A-011116 Metal Roof Retrofit — Gym,

Hutchinson Correctional Facility,

Hutchinson

06/ 18/ 2009 A-011118 A-6 Parking Lot Overlay, Kansas

State University, Manhattan

06/ 18 / 2009 A-011119 B-8 Parking Lot Reconstruction,

Kansas State University, Manhattan

06/ 18/ 2009 A-011120 B-17 Parking Lot Reconstruction,

Kansas State University, Manhattan

06/ 18/ 2009 A-011123 Learned Hall Process Chiller,

University of Kansas, Lawrence



### Chris Howe

Director of Purchases

Doc. No. 037088q Kansas Secretary of State 2009 

## Vol. 28, No. 22, May 28, 2009 Notices/Bond Sale 796 

# Kansas Register

(Published in the Kansas Register May 28, 2009.) 

## City of South Hutchinson, Kansas

Notice of Intent to Seek Private Placement General Obligation Bonds, Series 2009

Notice is hereby given that the city of South Hutchinson, 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 $29,000. The proposed sale of the bonds is in all respectssubject 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 19, 2009.

Denise McCue City Clerk

Doc. No. 037083



### State of Kansas



## Department of Health

and Environment

Request for Comments

The Kansas Department of Health and Environment is soliciting comments regarding a proposed air quality construction permit. Nexsun Ethanol, LLC, has applied for an air quality construction permit in accordance with the provisions of K.A.R. 28-19-300 to construct an ethanol manufacturing plant. Emissions of particulate matter (PM), PM equal to or less than 10 microns in diameter (PM
10 

### ), volatile organic compounds (VOCs), oxides of nitrogen (NOx), sulfur oxides (SOx), carbon monoxide (CO)and hazardous air pollutants (HAPs) were evaluated during the permit review process. Nexsun Ethanol, LLC, proposes to own and operate a stationary source located in Grant County located west of Ulysses (Section 31, Township 28 South, Range 37 West), at which a 44-million gallon per year fuel grade ethanol plant is to be constructed and operated. 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 atthe KDHE, Bureau of Air and Radiation, 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 reviewthe proposed permit and supporting documentation, contact Terry Tavener, (785) 296-1581, at the KDHE central office; and to review the proposed permit only, contactEthel Evans, (620) 225-0596, 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 Terry Tavener, KDHE, Bureau of Air and Radiation, 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 29. 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. Thewritten request must be submitted to Sharon Burrell, Bureau of Air and Radiation, not later than the close of business June 29 in order for the Secretary of Health and Environment to consider the request.

Roderick L. Bremby Secretary of Health

and Environment

Doc. No. 037090

(Published in the Kansas Register May 28, 2009.)



### Summary Notice of Bond Sale City of Leavenworth, Kansas

$1,950,000* General Obligation Bonds

Series 2009-A

(General obligation bonds payable from
unlimited ad valorem taxes)

BidsSubject to the official notice of bond sale and preliminary official statement dated May 28, 2009, 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. Fifth, 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 9, 2009,for the purchase of $1,950,000* principal amount of General Obligation Bonds, Series 2009-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 ofand 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 thei r interest in bonds purchased. The bonds will be dated July 1, 2009, and will become due on September 1 in the years

as follows:

Year Principal

Amount*


### 2010 $160,000
2011 175,000
2012 185,000
2013 190,000
2014 190,000
2015 195,000
2016 205,000
2017 210,000q Kansas Secretary of State 2009 

## Vol. 28, No. 22, May 28, 2009 Notices/Regulations 797 

# Kansas Register

2018 215,000
2019 225,000

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, 2010.

Paying Agent and Bond Registrar The Kansas State Treasurer, Topeka, Kansas, will be the paying agent and bond registrar.

Good Faith DepositEach bid shall be accompanied by a cashier’s or certified check drawn on a bank located in the United States or a qualified financial surety bond in the amount of $39,000 (2 percent of the principal amount of the bonds).

DeliveryThe 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 IndebtednessThe total assessed valuation of taxable tangible property in the city for the year 2008 is $232,240,843. The total general obligation indebtedness of the issuer, following

the concurrent issuance of the bonds and the issuer’sTemporary Notes, Series A2009, in the aggregate principal amount of $1,360,000, is $30,195,000 (which excludes temporary notes outstanding in the principal amount of $1,755,000, 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 thecity’s financial advisor, Piper Jaffray & Co., 11150 Overbrook Road, Suite 310, Leawood, KS 66211-2298, (913) 345-3374, Attn: Greg Vahrenberg or Dustin Avey.

Dated May 12, 2009

City of Leavenworth, Kansas Karen J. Logan, City Clerk

City Hall

100 N. Fifth St. Leavenworth, KS 66048
*Subject to change.

Doc. No. 037081 

### State of Kansas 

## Kansas State University

Notice to Bidders

Kansas State University encourages interested vendors to visit the Kansas State University Controller’s Office / Purchasing Web site at http: // www.ksu.edu

/ purchasing

/ rfq for a complete listing of all transactions for whichKansas State University Purchasing, or one of the consortia commonly utilized by K-State, is seeking competitive bids. Paper postings of Kansas State University Purchasing’s bid transactions may be viewed at thePurchasing Office, 21 Anderson Hall, Manhattan, or persons may contact Purchasing at (785) 532-6214, by fax at(785) 532-5577, or by e-mail at cbishop@ksu.edu to request a copy of a current bid.

Carla Bishop Director of Purchasing

Doc. No. 037072



### State of Kansas



## University of Kansas

Notice to Bidders

The University of Kansas encourages interested vendors to visit the University of Kansas Purchasing Services Web site at http: //

www.purchasing.ku.edu/ for a complete listing of all transactions for which KU Purchasing Services, or one of the consortia commonly utilized by KU, is seeking competitive bids. Paper postings of KU Purchasing Services bid transactions may be viewed at the Purchasing Services office located at 1246 W. Campus Road, Room 7, Lawrence, 66045, or persons may contact Purchasing Services at (785) 864-3790, by fax at (785) 864- 3454, or by e-mail at purchasing@ku.edu to request a copy of a current bid.

Barry K. Swanson Associate Comptroller

/ Director of Purchasing Services

Doc. No. 037073



### State of Kansas 

## Racing and Gaming Commission

Permanent Administrative Regulations

Article 12.—KANSAS HORSE BREEDING

DEVELOPMENT FUND

112-12-15. Live horse racing purse supplement

fund. (a) The balance of the money credited to the livehorse racing purse supplement fund that is subject to distribution pursuant to K.S.A. 74-8767(a)(3), and amendments thereto, shall be apportioned by the commission topurses for the various horse breeds according to the following formula: (1) One-third based on the average percentage of each

breed’s Kansas-bred horse starters at Kansas racetracks for the previous three calendar years;

(continued)q Kansas Secretary of State 2009 

## Vol. 28, No. 22, May 28, 2009 Regulations 798 

# Kansas Register

(2) one-third based on the average percentage of each breed’s Kansas-certified horses for the previous three cal

endar years; and (3) one-third based on average percentage of each

breed’s non-Kansas-bred starters at Kansas racetracks for the previous three calendar years. (b) The official registering agency pursuant to K.S.A.74-8830, and amendments thereto, shall submit a recommendation to the commission for approval of the amount of all proposed payments pursuant to K.S.A. 74-8767(a)(3), and amendments thereto, based on the contribution to the Kansas horse racing and breeding industries and recommendations by each respective breed group.The commission’s staff may also submit a recommendation to the commission under this subsection. (c) The proposed amount of the distribution shall be submitted to the commission for approval no later than March 1 of each distribution year. (Authorized by andimplementing K.S.A. 2008 Supp. 74-8767 and 74-8830; effective June 12, 2009.)

Stephen Martino

Executive Director

Doc. No. 037079



### State of Kansas



## Department of Health

and Environment

Permanent Administrative Regulations

Article 39.—LICENSURE OF ADULT CARE HOMES

28-39-164. Definitions. (a) ‘‘Adult care home’’ means any facility that meets the definition specified in

K.A.R. 28-39-144. (b) ‘‘Clinical instruction’’ means training in which thetrainee demonstrates knowledge and skills while performing tasks on an individual under the direct supervision of the course instructor. Clinical instruction may be performed in any of the following settings: (1) An adult care home; (2) a long-term care unit of a hospital; or (3) a simulated laboratory. (c) ‘‘Department’’ means Kansas department of health

and environment.(d) ‘‘Direct care’’ means assistance provided in activities of daily living. These activities shall include grooming, eating, toileting, transferring, and ambulation. (e) ‘‘Direct supervision’’ means that the supervisor ison the facility premises and is readily accessible for oneon-one consultation, instruction, and assistance, as

needed.(f) ‘‘Eligible for employment,’’ when describing a certified nurse aide, means that the certified nurse aide meets the following criteria:(1) Has been employed to perform nursing or nursingrelated services for at least eight hours in the preceding 24 months; (2) has no record of abuse, neglect, and exploitation;

and (3) is not prohibited from employment based upon criminal convictions pursuant to K.S.A. 39-970, and

amendments thereto.(g) ‘‘Instructor’’ means an individual who has been approved by the secretary to teach nurse aide, home health aide, or medication aide training courses. (h) ‘‘Licensed nursing experience’’ means experience as a registered nurse or licensed practical nurse. (i) ‘‘Nurse aide trainee I’’ means an individual in the process of completing part I of a 90-hour nurse aide course as specified in K.A.R. 28-39-165. (j) ‘‘Nurse aide trainee II’’ means an individual who has successfully completed part I of a 90-hour nurse aide course specified in K.A.R. 28-39-165 or whose training has been endorsed as specified in K.A.R. 28-39-167.(k) ‘‘Secretary’’ means secretary of the Kansas department of health and environment. (l) ‘‘Simulated laboratory’’ means an enclosed area that is in a school, institution, adult care home, or other facili ty
and that is similar to an adult care home residential room.In a simulated laboratory, trainees practice and demonstrate basic nurse aide skills while an instructor observes and evaluates the trainees. (Authorized by K.S.A. 2008 Supp. 39-925(d)(2); implementing K.S.A. 2008 Supp. 39- 936; effective Feb. 28, 1994; amended Dec. 29, 2003; amended June 12, 2009.)

28-39-165. Nurse aide training program. (a) Requirements. Unlicensed employees who provide direct individual care to residents shall be required to perform the following: (1) Successfully complete at least a 90-hour nurse aide course that has been approved by the secretary; and (2) pass a state test as specified in K.A.R. 28-39-168. (b) Certification. Each person shall be issued a nurse aide certificate by the secretary and shall be listed on a public registry upon completion of the requirements specified in subsection (a). (c) Employment as a trainee. (1) Each nurse aide trainee I in an approved 90-hour course shall be required to successfully complete part I of the course to demonstrate initial competency before being employed or used as a nurse aide trainee II. A nurse aide trainee II may provide direct care to residents only under the direct supervision of a registered nurse or licensed practical nurse. (2) Each nurse aide trainee II in an approved 90-hourcourse shall be issued a nurse aide certificate by the secretary, upon completion of the requirements specified in subsection (a), within four months from the beginning date of the initial course in order to continue employmentproviding direct care. Nurse aide trainee II status for employment shall be for one four-month period only. (d) 90-hour nurse aide course.(1) Each nurse aide course shall be prepared and administered in accordance with the guidelines establishedby the department in the ‘‘Kansas certified nurse aide curriculum guidelines (90 hours),’’ including the appendices

, dated May 2008, and the ‘‘Kansas 90-hour certified nurse aide sponsor and instructor manual,’’ pages 1 through 20 and the appendices, dated May 2008, which are hereby adopted by reference.q Kansas Secretary of State 2009 

## Vol. 28, No. 22, May 28, 2009 Regulations 799 

# Kansas Register

(2) Each nurse aide course shall consist of a combination of didactic and clinical instruction. At least 50 perce nt of part I and part II of the course curriculum shall be provided as clinical instruction. (3) Each nurse aide course shall be sponsored by one of the following: (A) An adult care home; (B) a long-term care unit of a hospital; or (C) a postsecondary school under the jurisdiction of the state board of regents. (4) Clinical instruction shall be conducted in one or a combination of the following locations: (A) An adult care home; (B) a long-term care unit of a hospital; or (C) a simulated laboratory. (5) An adult care home shall not sponsor or provide

clinical instruction for a 90-hour nurse aide course if that adult care home has been subject to any of the sanctions under the medicare certification regulations listed in 42 C.F.R. 483.151(b)(2), as in effect on October 1, 2007. (e) Correspondence courses. No correspondence course shall be approved as a nurse aide course. (f) Other offerings. Distance-learning offerings andcomputer-based educational offerings shall meet the standards specified in subsection (d). (Authorized by K.S.A. 2008 Supp. 39-925(d)(2); implementing K.S.A. 2008 Supp. 39-936; effective Feb. 28, 1994; amended Dec. 29, 2003; amended June 12, 2009.)

28-39-166. Nurse aide course instructor. (a) Approval and qualifications. (1) Each person who intends to be a course instructor shall submit a completed instructor approval applicationform to the department at least three weeks before offering an initial course and shall receive approval as an instructor before the first day of an initial course. (2) Each course instructor shall be a registered nursewith a minimum of two years of licensed nursing experience, with at least 1,750 hours of experience in either or a combination of an adult care home or long-term careunit of a hospital. Each course instructor shall have completed a course in teaching adults, shall have completeda professional continuing education offering on supervision or adult education, or shall have experience in teaching adults or supervising nurse aides.(b) Course instructor and course sponsor responsibilities. (1) Each course instructor and course sponsor shall be responsible for ensuring that the following requirements

are met: (A) A completed course approval application form shall be submitted to the department at least three weeks before offering a course. Approval shall be obtained from the secretary at the beginning of each course whether thecourse is being offered initially or after a previous approval. Each change in course location, schedule, or instructor shall require approval by the secretary. (B) All course objectives shall be accomplished.(C) Only persons in health professions having the appropriate skills and knowledge shall be selected to conduct any part of the training. Each person shall have at least one year of experience in the subject area in which that person is providing training. (D) Each person providing a part of the training shalldo so only under the direct supervision of the course instructor. (E) The provision of direct care to residents by a nurse aide trainee II during clinical instruction shall be limite d to clinical experiences that are for the purpose of learning nursing skills under the direct supervision of the course

instructor.(F) When providing clinical instruction, the course instructor shall perform no other duties but the direct supervision of the nurse aide trainees. (G) Each nurse aide trainee in the 90-hour nurse aidecourse shall demonstrate competency in all skills identified on the part I task checklist before the checklist is signed and dated by the course instructor as evidence of successful completion of part I of the course. (H) The course shall be prepared and administered in accordance with the guidelines in the ‘‘Kansas certified nurse aide curriculum guidelines (90 hours)’’ and the‘‘Kansas 90-hour certified nurse aide sponsor and instructor manual,’’ as adopted in K.A.R. 28-39-165. (2) Any course instructor or course sponsor who doesnot meet the requirements of this regulation may be subject to withdrawal of approval to serve as a course instructor or a course sponsor. (Authorized by K.S.A. 2008 Supp. 39-925(d)(2); implementing K.S.A. 2008 Supp. 39- 936; effective Feb. 28, 1994; amended Dec. 29, 2003; amended June 12, 2009.)

28-39-167. Out-of-state and allied health training

endorsement for nurse aide. (a) Each person whom the secretary has determined to have successfully completed training or passed a test, or both, that is equivalent to the training or test required by this state may be employed without taking this state’s test. (b) Each person whom the secretary has determinednot to be exempt from examination pursuant to subsection (a) but who meets any one of the following requirements shall be deemed to have met the requirements specified in K.A.R. 28-39-165 if that person passes a state test as specified in K.A.R. 28-39-168: (1) Each person who has received nurse aide training in another state, is listed on another state’s registry as a nurse aide, and is eligible for employment as a nurse aide shall be deemed eligible to take the state test as specifiedin K.A.R. 28-39-168. Each person whose training in another state is endorsed and who has passed the state test

shall be issued a nurse aide certificate. (2) Each person who meets any of the following criteria shall be deemed eligible to take the state test as specified

in K.A.R. 28-39-168: (A) Has completed training deemed equivalent to the requirements specified in K.A.R. 28-39-165; (B) is currently licensed in Kansas or another state to practice as a registered nurse, licensed practical nurse, o r licensed mental health technician, with a license that has not been suspended or revoked; or(C) has a license to practice as a registered nurse, licensed practical nurse, or licensed mental health technician that has expired within the 24-month period before applying for equivalency, but has not been suspended or

revoked.

(continued)q Kansas Secretary of State 2009 

## Vol. 28, No. 22, May 28, 2009 Regulations 800 

# Kansas Register

(3) Each person who has received training from an accredited nursing or mental health technician training program within the 24-month period before applying for equivalency and whose training included a basic skills component comprised of personal hygiene, nutrition and feeding, safe transfer and ambulation techniques, normalrange of motion and positioning, and a supervised clinical experience in geriatrics shall be deemed eligible to take the state test as specified in K.A.R. 28-39-168.(c) Each person qualified under subsection (a) shall receive written notification from the department of exemption from the requirement to take this state’s test and the fact that the person is eligible for employment.(d) Each person qualified under subsection (b) shall receive written approval from the department or its designated agent to take the state test. Upon receiving written approval from the department or its designated agent to take the state test, that person may be employed by an adult care home as a nurse aide trainee II to provide direct care under the direct supervision of a registered nurse or licensed practical nurse. Each person employed as a nurse aide trainee II shall be issued a nurse aide certificate bythe secretary, upon completion of the requirements specified in K.A.R. 28-39-165, within one four-month period starting from the date of approval, in order to continue employment providing direct care. (Authorized by K.S.A. 2008 Supp. 39-925(d)(2); implementing K.S.A. 2008 Supp. 39-936; effective Feb. 28, 1994; amended Dec. 29, 2003; amended June 12, 2009.)

28-39-168. State nurse aide test. (a) Composition of state nurse aide test. The state test shall be comprised of 100 multiple-choice questions. A score of 75 percent or higher shall constitute a passing score. (b) State nurse aide test eligibility. (1) Only persons who have successfully completed anapproved 90-hour nurse aide course or completed education or training that has been endorsed or deemedequivalent as specified in K.A.R. 28-39-167 shall be allowed to take the state test.(2) Each person shall have a maximum of three attempts within 12 months from the beginning date of the course to pass the state test after completing an approved 90-hour course as specified in K.A.R. 28-39-165. (3) If the person does not pass the state test within 12 months after the starting date of taking an approved 90- hour course, the person shall retake the entire course. (4) If a person whose education or training has been endorsed or deemed equivalent as specified in K.A.R. 28- 39-167 and the person does not pass the state test on the first attempt, the person shall successfully complete an approved 90-hour nurse aide course as specified in K.A.R.28-39-165 to retake the state test. Each person whose training was endorsed or deemed equivalent, who failed thestate test, and who has successfully completed an approved nurse aide course shall be eligible to take the test three times within a year after the beginning date of the

course. (c) Application fee. (1) Each nurse aide trainee shall pay a nonrefundable application fee of $20.00 before taking the state test. A nonrefundable application fee shall be required each time the test is scheduled to be taken. Each person who is scheduled to take the state test, but fails to take the state test, shall submit another fee before being scheduled for another opportunity to take the test. (2) Each course instructor shall collect the application fee for each nurse aide candidate eligible to take the state test and shall submit the fees, class roster, applicationforms, and accommodation request forms to the department or its designated agent. (d) Each person who is eligible to take the state test and who has submitted the application fee and application form shall be issued written approval, which shall be proof of eligibility to sit for the test. (e) Test accommodation. (1) Any reasonable test accommodation or auxiliary aid to address a disability may be requested by any personwho is eligible to take the state test. Each request for reasonable accommodation or auxiliary aid shall be submitted each time a candidate is scheduled to take the test. (2) Each person requesting a test accommodation shall submit an accommodation request form along with an application form to the instructor. The instructor shall fo rward these forms to the department or its designated agent at least three weeks before the desired test date.Each instructor shall verify the need for the accommodation by signing the accommodation request form. (3) Each person whose second language is English shall be allowed to use a bilingual dictionary while taking the state test. Limited English proficiency shall not constitut e a disability with regard to accommodations. An extendedtesting period of up to two additional hours may be offered to persons with limited English proficiency. (f) This regulation shall not apply to any person whomeets the requirement of K.A.R. 28-39-167(a). (Authorized by K.S.A. 2008 Supp. 39-925(d)(2) and 39-936; implementing K.S.A. 2008 Supp. 39-936; effective Feb. 28, 1994; amended Dec. 29, 2003; amended June 12, 2009.)

Article 70.—CANCER REGISTRY

28-70-4. Confidential data for follow-up patient

studies. (a) For the purposes of this regulation, the following definitions shall apply: (1) ‘‘Institutional review board’’ means an institutional review board established and conducted pursuant to 45 CFR 46.101 through CFR 46.117, as revised on October 1,

2008. (2) ‘‘Person’’ shall mean a state university, a state agency, or a county health department. (b) Each person with a proposal for a follow-up cancer study (‘‘study’’) shall submit the proposal to each of the following for approval before the commencement of the study: (1) The person’s institutional review board;(2) the department’s health and environmental institutional review board;(3) the university of Kansas medical center’s institutional review board; and (4) the cancer registry data release board. (c) Each study not approved by each board specified in subsection (b) shall be returned to the person for revi-q Kansas Secretary of State 2009 

## Vol. 28, No. 22, May 28, 2009 Regulations/New State Laws 801 

# Kansas Register

sions. Any unapproved study may be resubmitted to each

board. (d) After receiving the approvals required in subsection(b) and before commencing the study, the person proposing the study shall submit the proposal for the study to the secretary or the secretary’s designee for approval. (e) Each person conducting an approved study shall reimburse the cancer registry for all costs pertaining to the retrieval of confidential data. The cancer registry sha llbe credited by the person on any publication or presentation when the cancer registry data is used.(f) Before proceeding with each study, the cancer registry director shall obtain informed consent from each individual who is the subject of the data or from that individual’s parent or legal guardian. The consent formshall accompany or follow the notice specified in subsection (g). Signing the consent form shall indicate that the

individual has read and understands the information provided in the notice. (g) The cancer registry director shall deliver a notice to each subject individual or the subject individual’s parent or legal guardian. Each notice shall include the following

information: (1) All details of the study to be conducted, including the purpose, methodology, and public health benefit; and (2) the following information: (A) Participation in the study is voluntary;(B) the method of data collection will be at the convenience of the subject individual. Data will be collected in writing, by telephone, or by personal interview; and(C) the subject individual will be provided with a summary of the final report of the study. (Authorized by and implementing K.S.A. 2008 Supp. 65-1,172; effective June 12, 2009.)

Roderick L. Bremby Secretary of Health

and Environment

Doc. No. 037075



### State of Kansas 

## Secretary of State

Certification of New State Laws

I, Ron Thornburgh, 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.

Ron Thornburgh Secretary of State

(Published in the Kansas Register May 28, 2009.)



### SENATE BILL No. 84

A N A CT concerning school districts; relating to school finance;amending K.S.A. 2008 Supp. 10-1116a and 72-6433 and repealing the existing sections; also repealing K.S.A. 2008 Supp. 72-

6433c.

Be it enacted by the Legislature of the State of Kansas: Section 1. K.S.A. 2008 Supp. 10-1116a is hereby amended to read as follows: 10-1116a. The limitations on expenditures imposed under the cash-basis law shall not apply to: (a) Expenditures in excess of current revenues made for municipally owned and operated utilities out of the fund of such utilities caused by, or resulting from the meeting of, extraordinaryemergencies including drought emergencies. In such cases expenditures in excess of current revenues may be made by declaring an extraordinary emergency by resolution adopted by the governingbody and such resolution shall be published at least once in a newspaper of general circulation in such city. Thereupon, such governing body may issue interest bearing no-fund warrants on such utility fund in an amount, including outstanding previously iss ued no-fund warrants, not to exceed 25% of the revenues from sales of service of such utility for the preceding year. Such warrants shall be redeemed within three years from date of issuance and shall

bear interest at a rate of not to exceed the maximum rate of interest prescribed by K.S.A. 10-1009, and amendments thereto. Upon the declaration of a drought emergency, the governing body may issue such warrants for water system improvement purposes in an

amount not to exceed 50% of the revenue received from the sale of water for the preceding year. Such warrants shall be redeemed within five years from the date of issuance and shall bear interest at a rate not to exceed the maximum rate of interest prescribe d by K.S.A. 10-1009, and amendments thereto. (b) Expenditures in any month by school districts which are in excess of current revenues if the deficit or shortage in revenues is caused by, or a result of, the payment of state aid after the date prescribed for the payment of state aid during such month under K.S.A. 72-6417 or 72-6434, and amendments thereto. The provisions of this subsection shall apply to expenditures made in school year 2001-2002, school year 2002-2003, school year 2003-2004, school year 2004-2005, school year 2005-2006 and school year 2006-2007. New Sec. 2. (a) (1) The provisions of this subsection shall apply in any school year in which the amount of base state aid per pupil is $4,433 or less. (2) The board of any school district may adopt a local option budget which does not exceed the local option budget calculated as if the base state aid per pupil was $4,433 or which does notexceed an amount as authorized by K.S.A. 72-6433, and amendments thereto, whichever is greater. (b) (1) The provisions of this subsection shall apply in any school year in which the amount appropriated for state aid forspecial education and related services is less than the amount appropriated for state aid for special education and related s ervices in school year 2008-2009. (2) The board of education of any school district may adopt a local option budget which does not exceed the local option budget calculated as if the district received state aid for special education and related services equal to the amount of state aid for special education and related services received in school year 2008-2009, or which does not exceed an amount as authorized by K.S.A. 72- 6433, and amendments thereto, whichever is greater. (c) The board of education of any school district may exercisethe authority granted under subsection (a) or (b) or both subsections (a) and (b). (d) To the extent that the provisions of K.S.A. 72-6433, and amendments thereto, conflict with this section, this section shall

control. (e) The provisions of this section shall expire on June 30, 2012.
Sec. 3. K.S.A. 2008 Supp. 72-6433 is hereby amended to read as follows: 72-6433. (a) As used in this section: (1) ‘‘State prescribed percentage’’ means 31% of state financial aid of the district in the current school year. (2) ‘‘Authorized to adopt a local option budget’’ means that a district has adopted a resolution under this section, has published the same, and either that the resolution was not protested or that it was protested and an election was held by which the adoption of a local option budget was approved. (b) In each school year, the board of any district may adopt a local option budget which does not exceed the state prescribed
percentage. (c) Subject to the limitation of subsection (b), in each school year, the board of any district may adopt, by resolution, a local option budget in an amount not to exceed:

(continued)q Kansas Secretary of State 2009 

## Vol. 28, No. 22, May 28, 2009 New State Laws 802 

# Kansas Register

(1) (A) The amount which the board was authorized to adopt in accordance with the provisions of this section in effect prior to its amendment by this act; plus(B) the amount which the board was authorized to adopt pursuant to any resolution currently in effect; plus(C) the amount which the board was authorized to adopt pursuant to K.S.A. 72-6444, and amendments thereto, if applicable to the district; or(2) the state-wide average for the preceding school year as determined by the state board pursuant to subsection (j). Except as provided by subsection (e), the adoption of a resolution pursuant to this subsection shall require a majority vote of the members of the board. Such resolution shall be effective upon adoption and shall require no other procedure, authorization or approval. (d) If the board of a district desires to increase its local option budget authority above the amount authorized under subsection (c) or if the board was not authorized to adopt a local option budget in 2006-2007, the board may adopt, by resolution, such budget inan amount not to exceed the state prescribed percentage. The adoption of a resolution pursuant to this subsection shall require a majority vote of the members of the board. The resolution shall be published at least once in a newspaper having general circulationin the district. The resolution shall be published in substantial compliance with the following form:

Unified School District No.

, County, Kansas.

RESOLUTION

Be It Resolved that:

The board of education of the above-named school district shall be authorized to adopt a local option budget in each school year

in an amount not to exceed % of the amount of state financial aid. The local option budget authorized by this resolution may be adopted, unless a petition in opposition to the same, signed by not less than 5% of the qualified electors of the school district, is filed with the county election officer of the home county of the schooldistrict within 30 days after publication of this resolution. If a petition is filed, the county election officer shall submit the question of whether adoption of the local option budget shall be authorized

to the electors of the school district at an election called for the purpose or at the next general election, as is specified by the board

of education of the school district.

CERTIFICATE This is to certify that the above resolution was duly adopted by

the board of education of Unified School District No. , County, Kansas, on the day of

, .

Clerk of the board of education.

CERTIFICATE This is to certify that the above resolution was duly adopted by the board of education of unified School District No.

, County, Kansas, on the day of

, .

Clerk of the board of education. All of the blanks in the resolution shall be filled as is appropriate. If a sufficient petition is not filed, the board may adopt a local option budget. If a sufficient petition is filed, the board may notify the county election officer of the date of an election to be held to submit the question of whether adoption of a local option budget shall be authorized. Any such election shall be noticed, called and held in the manner provided by K.S.A. 10-120, and amendments thereto. If the board fails to notify the county election officer within 30 days after a sufficient petition is filed, the resolution shall be deemed abandoned and no like resolution shall be adopted by theboard within the nine months following publication of the resolution. (e) Any resolution authorizing the adoption of a local option budget in excess of 30% of the state financial aid of the district inthe current school year shall not become effective unless such resolution has been submitted to and approved by a majority of the qualified electors of the school district voting at an election called

and held thereon. The election shall be called and held in the manner provided by K.S.A. 10-120, and amendments thereto. (f) Unless specifically stated otherwise in the resolution, the authority to adopt a local option budget shall be continuous and permanent. The board of any district which is authorized to adopt a local option budget may choose not to adopt such a budget or may adopt a budget in an amount less than the amount authorized. If the board of any district whose authority to adopt a local option budget is not continuous and permanent refrains from adopting a local option budget, the authority of such district to adopt a local option budget shall not be extended by such refrainment beyond the period specified in the resolution authorizing adoption of such budget. (g) The board of any district may initiate procedures to renew or increase the authority to adopt a local option budget at any time during a school year after the tax levied pursuant to K.S.A. 72-6435, and amendments thereto, is certified to the county clerk under any existing authorization. (h) The board of any district that is authorized to adopt a localoption budget prior to the effective date of this act under a resolution which authorized the adoption of such budget in accordance with the provisions of this section in effect prior to its amendment by this act may continue to operate under such resolution for theperiod of time specified in the resolution or may abandon the resolution and operate under the provisions of this section as amended by this act. Any such district shall operate under the provisions of this section as amended by this act after the period of time specified in the resolution has expired. (i) Any resolution adopted pursuant to this section may revoke or repeal any resolution previously adopted by the board. If theresolution does not revoke or repeal previously adopted resolutions, all resolutions which are in effect shall expire on the same date. The maximum amount of the local option budget of a school

district under all resolutions in effect shall not exceed the state prescribed percentage in any school year. (j) (1) There is hereby established in every district that adopts a local option budget a fund which shall be called the supplemental general fund. The fund shall consist of all amounts deposited therein or credited thereto according to law. (2) Subject to the limitation imposed under paragraph (3) and subsection (e) of K.S.A. 72-6434, and amendments thereto, amountsin the supplemental general fund may be expended for any purpose for which expenditures from the general fund are authorized or may be transferred to any program weighted fund or categorical fund of the district. Amounts in the supplemental general fundattributable to any percentage over 25% of state financial aid determined for the current school year may be transferred to the capital improvements fund of the district and the capital outlay fundof the district if such transfers are specified in the resolution authorizing the adoption of a local option budget in excess of 25%.(3) Amounts in the supplemental general fund may not be expended for the purpose of making payments under any lease-purchase agreement involving the acquisition of land or buildings which is entered into pursuant to the provisions of K.S.A. 72-8225,

and amendments thereto. (4) (A) Except as provided in paragraph (B), any unexpended budget remaining in the supplemental general fund of a district at the conclusion of any school year in which a local option budget is adopted shall be maintained in such fund. (B) If the district received supplemental general state aid in the school year, the state board shall determine the ratio of the amount of supplemental general state aid received to the amount of the local option budget of the district for the school year and multiply the total amount of the unexpended budget remaining by suchratio. An amount equal to the amount of the product shall be transferred to the general fund of the district or remitted to the state treasurer. Upon receipt of any such remittance, the state treasurer shall deposit the same in the state treasury to the credit of the state

school district finance fund. (k) Each year the state board of education shall determine the statewide average percentage of local option budgets legally adopted by school districts for the preceding school year. (l) The provisions of this section shall be subject to the provisions of section 2, and amendments thereto. Sec. 4. K.S.A. 2008 Supp. 10-1116a, 72-6433 and 72-6433c are hereby repealed.

Sec. 5. This act shall take effect and be in force from and after its publication in the Kansas register.q Kansas Secretary of State 2009 

## Vol. 28, No. 22, May 28, 2009 New State Laws 803 

# Kansas Register

(Published in the Kansas Register May 28, 2009.)



### HOUSE BILL No. 2162

A N A CT concerning the behavioral sciences; marriage and family therapists and psychologists; amending K.S.A. 65-6404 and 74- 5310 and repealing the existing sections.

Be it enacted by the Legislature of the State of Kansas: Section 1. K.S.A. 65-6404 is hereby amended to read as follows: 65-6404. (a) An applicant for licensure as a marriage and family therapist shall furnish evidence that the applicant: (1) Has attained the age of 21; (2) (A) has completed a master’s or doctoral degree from a marriage and family therapy program, in an educational institution

with standards consistent with those of the state universities of Kansas, approved by the board; or (B) has completed a master’s or doctoral degree from an educational institution in a related fieldfor which the course work is considered by the board to be equivalent to that provided in clause (2)(A) of this paragraph and consists of a minimum of nine semester hours in human development, nine semester hours in theories of marriage and family functioning, nine semester hours of marital and family assessment and therapy, three semester hours in professional studies and three semester hours in research; or (C) completed a master’s or doctoral degree

from an educational institution in a related field with additional work from an educational program in marriage and family therapy approved by the board and such degree program and additional work includes the course work requirements provided in clause (2)(B) of this paragraph; (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 K.S.A. 65-6411 and amendments thereto. (b) (1) Applications for licensure as a clinical marriage and family therapist shall be made to the board on a form and in themanner prescribed by the board. Each applicant shall furnish evidence satisfactory to the board that the applicant: (A) Is licensed by the board as a licensed marriage and family therapist or meets all requirements for licensure as a marriage and family therapist; (B) has completed 15 credit hours as part of or in addition to the requirements under subsection (a) supporting diagnosis or treatment of mental disorders with use of the American psychiatric association’s diagnostic and statistical manual, through identifiable study of the following content areas: Psychopathology, dia gnostic assessment, interdisciplinary referral and collaboration, treatment approaches and professional ethics;(C) has completed a graduate level supervised clinical practicum of supervised professional experience including psychotherapy and assessment with individuals, couples, families or groups, integrating diagnosis and treatment of mental disorders with use of the American psychiatric association’s diagnostic and statistical manual, with not less than 350 hours of direct client contact or additional postgraduate supervised experience as determined by the board;(D) 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 psychotherapy and asse ssments 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 diagnosisand treatment of mental disorders with use of the American psychiatric association’s diagnostic and statistical manual, except that one-half of the requirement of this part (D) may be waived for persons with a doctor’s degree in marriage and family therapy or a related field acceptable to the board; (E) for persons earning a degree under subsection (a) prior to July 1, 2003, in lieu of the education and training requirementsunder parts (B) and (C) of this subsection, has completed the education requirements for licensure as a marriage and family therapist in effect on the day immediately preceding the effective date of this act; (F) for persons who apply for and are eligible for a temporary permit to practice as a licensed marriage and family therapist on the day immediately preceding the effective date of this act, in lieu of the education and training requirements under parts (B), (C) and (D) of this subsection, has completed the education and training requirements for licensure as a marriage and family therapist in effect on the day immediately preceding the effective date of this

act; (G) has passed an examination approved by the board; and (H) has paid the application fee fixed under K.S.A. 65-6411 and

amendments thereto. (2) A person who was licensed or registered as a marriage and family therapist in Kansas at any time prior to the effective date of this act, who has been actively engaged in the practice of marriage and family therapy as a registered or licensed marriage and family therapist within five years prior to the effective date of this act and whose last license or registration in Kansas prior to the effective date of this act was not suspended or revoked, upon applicationto the board, payment of fees and completion of applicable continuing education requirements, shall be licensed as a licensed clinicalmarriage and family therapist by providing demonstration of competence to diagnose and treat mental disorders through at least two of the following areas acceptable to the board: (A) Either (i) graduate coursework or (ii) passing a national, clinical examination; (B) either (i) three years of clinical practice in a communitymental health center, its contracted affiliate or a state mental hospital or (ii) three years of clinical practice in other settings withdemonstrated experience in diagnosing or treating mental disorders; or (C) attestation from one professional licensed to diagnose andtreat mental disorders in independent practice or licensed to practice medicine and surgery that the applicant is competent to diagnose and treat mental disorders.(3) A licensed clinical marriage and family therapist may engage in the independent practice of marriage and family therapy and is authorized to diagnose and treat mental disorders spe cified 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. When a client has symptomsof a mental disorder, a licensed clinical marriage and family therapist shall consult with the client’s primary care physician or psychiatrist to determine if there may be a medical condition or medication that may be causing or contributing to the client’s symptoms of a mental disorder. A client may request in writing that such consultation be waived and such request shall be made a part of the client’s record. A licensed clinical marriage and family therapist may continue to evaluate and treat the client until such

time that the medical consultation is obtained or waived. (4) On and after January 1, 2002, a licensed marriage and family therapist may diagnose and treat mental disorders specified in the edition of the diagnostic and statistical manual of mental disorders specified in the edition of the diagnostic and statistical manual ofmental disorders of the American psychiatric association designated by the board by rules and regulations only under the direction of a licensed clinical marriage and family therapist, licensed psychologist, person licensed to practice medicine and surgery orperson licensed to provide mental health services as an independent practitioner and whose licensure allows for the diagnosis and treatment of mental disorders. When a client has symptoms of amental disorder, a licensed marriage and family therapist shall consult with the client’s primary care physician or psychiatrist to determine if there may be a medical condition or medication that may be causing or contributing to the client’s symptoms of a mental disorder. A client may request in writing that such consultation be waived and such request shall be made a part of the client’s record. A licensed marriage and family therapist may continue to evaluate

and treat the client until such time that the medical consultation is

obtained or waived. Sec. 2. K.S.A. 74-5310 is hereby amended to read as follows: 74-5310. (a) The board shall issue a license as a psychologist to any person who pays an application fee prescribed by the board, not in excess of $150 $225 and an original license fee not in excess of $200 $150 , which shall not be refunded, who either satisfies the

(continued)q Kansas Secretary of State 2009 

## Vol. 28, No. 22, May 28, 2009 New State Laws 804 

# Kansas Register

board as to such person’s training and experience after a thorough review of such person’s credentials and who passes a satisfactory examination in psychology. Any person paying the fee must also submit evidence verified by oath and satisfactory to the board that such person: (1) Is at least 21 years of age; (2) is of good moral character; (3) has received the doctor’s degree based on a program of studies in content primarily psychological from an educational institution having a graduate program with standards consistent with those of the state universities of Kansas, or the substantial equivalent of such program in both subject matter and extent oftraining; and (4) has had at least two years of supervised experience, a significant portion of which shall have been spent in rendering psychological services satisfying the board’s approved standards for the psychological service concerned. (b) The board shall adopt rules and regulations establishing the criteria which an educational institution shall satisfy in meeting the requirements established under item (3) of subsection (a). The board may send a questionnaire developed by the board to any

educational institution for which the board does not have sufficient

information to determine whether the educational institution meets the requirements of item (3) of subsection (a) and rules andregulations adopted under this section. The questionnaire providing the necessary information shall be completed and returned to

the board in order for the educational institution to be considered for approval. The board may contract with investigative agencies,commissions or consultants to assist the board in obtaining information about educational institutions. In entering such contracts the authority to approve educational institutions shall remain solely with the board. Sec. 3. K.S.A. 65-6404 and 74-5310 are hereby repealed.

Sec. 4. This act shall take effect and be in force from and after its publication in the Kansas register.

(Published in the Kansas Register May 28, 2009.)



### HOUSE BILL No. 2158

A N A CT concerning elections and election related issues; amending K.S.A. 19-201, 19-202, 19-203, 19-204 and 19-204a and K.S.A. 2008 Supp. 25-4148, 25-4156, 46-247 and 74-2113 and repealing the existing sections; also repealing K.S.A. 2008 Supp. 25-4156a.

Be it enacted by the Legislature of the State of Kansas: Section 1. K.S.A. 2008 Supp. 74-2113 is hereby amended toread as follows: 74-2113. (a) There is hereby created a Kansas highway patrol. The patrol shall consist of: (1) A superintendent, who shall have the rank of colonel and who shall have special trainingand qualifications for such position; (2) an assistant superintendent, who shall have the rank of lieutenant colonel; and (3) officers and troopers who are appointed in accordance with appropriationacts and as provided in this section. The superintendent and assistant superintendent shall be within the unclassified servi ce under the Kansas civil service act. The assistant superintendent serving on the effective date of this act shall be appointed to such position by the superintendent. Thereafter, the assistant superintendent shall be appointed by the superintendent from among the members of the patrol, and shall serve at the pleasure of the superintendent.If a person appointed as superintendent or assistant superintendent is a member of the patrol when appointed, such person ineach case, upon termination of the term as superintendent or assistant superintendent, respectively, shall be returned to a rank notlower than the rank such person held when appointed as superintendent or assistant superintendent. If such rank is filled at that time, a temporary additional position shall be created in such rank until a vacancy occurs in such rank. All other officers, troo pers and employees shall be within the classified service under the Kansas

civil service act. (b) The superintendent of the patrol shall be appointed by the governor, subject to confirmation by the senate as provided inK.S.A. 75-4315b, and amendments thereto, and shall receive an annual salary fixed by the governor. Except as provided by K.S.A.46-2601, and amendments thereto, no person appointed as superintendent shall exercise any power, duty or function as superintendent until confirmed by the senate. The assistant superintendent shall receive an annual salary fixed by the superintendent and approved by the governor. (c) All other members of the patrol shall be appointed by the superintendent in accordance with appropriation acts and with the Kansas civil service act. No person shall be appointed as an officer of the patrol, other than superintendent, unless the person has had at least five years of service in the patrol as an officer or trooper. No person shall be appointed as a trooper unless the person meets the following requirements: (1) Is a citizen of the United States; (2) is at least 21 years of age at the time of appointment;(3) has not been convicted by any state or the federal government of a crime which is a felony or its equivalent under the uniform code of military justice;(4) has been fingerprinted and a search of local, state and national fingerprint files has been made to determine whether the applicant has a criminal record; (5) is the holder of a high school diploma or furnishes evidenceof successful completion of an examination indicating an equivalent achievement; and(6) is free of any physical or mental condition which might adversely affect the applicant’s performance of duties as a trooperand whose physical health has been certified by an examining physician appointed by the superintendent. (d) No member of the patrol shall hold any other elective or appointive commission or office, except in the Kansas national guard or in the organized reserve of the United States army, airforce or navy. No member of the patrol shall accept any employment or compensation from any licensee of the director of alcoholic beverage control of the department of revenue or from any licensee of the Kansas racing commission or from any officer, director, member or employee of any such licensee, nor shall any member of the patrol accept any employment or compensation for services which require the use of any state-owned equipment provided by the Kansas highway patrol or the wearing of the patrol uniform. No member of the patrol shall accept any reward or gift except with the written permission of the superintendent. No member of the patrol shall: (1) Hold any other elective or appointive commission or office, except: (A) In the Kansas national guard or in the organized reserve of the United States army, air force or navy. (B) In the governing body of a municipality: (i) If the position to be held is appointed; or (ii) if the position to be held is elected on a nonpartisan basis.(C) On any appointed board, commission or task force which the superintendent of the highway patrol deems necessary as part of such member’s or officer’s duties. (2) Accept any employment or compensation from any licensee of the director of alcoholic beverage control of the department of revenue or from any licensee of the Kansas racing commission or from any officer, director, member or employee of any such licensee.(3) Accept any employment or compensation for services which require the use of any state-owned equipment provided by the Kansas highway patrol or the wearing of the patrol uniform. (4) Accept any reward or gift pertaining to the performance of such member’s or officer’s duties except with the written permission of the superintendent. (e) For the purposes of this section, the terms ‘‘governing body’’ and ‘‘municipality’’ shall have the meanings ascribed to such terms in K.S.A.

12-105a and amendments thereto.New Sec. 2. (a) The board of county commissioners of Sherman county may provide for the election of county commission ers in accordance with this section. The procedure for the election ofcounty commissioners shall be adopted by resolution in accordance with the provisions of K.S.A. 19-204 and amendments thereto.The resolution shall be in substantial compliance with the provisions of subsection (b). Any county commissioner whose term has not expired by the time the resolution has been adopted by the voters of Sherman county, Kansas, shall continue to serve until a successor county commissioner is elected.(b) (1) Each county commissioner shall run at large. Each candidate for county commissioner may reside anywhere within Sherman county, Kansas. (2) All electors who are otherwise qualified according to law and who reside in Sherman county, Kansas, may vote in both theq Kansas Secretary of State 2009 

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primary and general election for each county commissioner beingelected. Each candidate shall file for the office of county commissioner in the manner provided by law. Elections for the office of county commissioner shall be conducted in accordance with the provisions of article 25 of the Kansas Statutes Annotated, and amendments thereto, except as provided in this section and

amendments thereto. (3) (A) Primary elections under this section shall be conducted on a partisan basis. In the primary election, each qualified voter

shall be allowed to vote for the same number of candidates as the number of county commissioners being elected. For each county commissioner being elected, the candidate receiving the highest number of votes shall appear on the ballot in the general election. (B) No person shall be permitted to cast more than one vote for any specific candidate. (4) In the general election, each qualified voter shall be allowed to vote for the same number of candidates as the number of county commissioners being elected. The candidate receiving the highest number of votes for each office of county commissioner being

elected shall be deemed to have been elected to such office. (c) (1) The provisions of this section shall expire on December 31, 2010, unless the qualified voters of Sherman county, Kansas, elect to adopt the provisions of this section prior to such date.(2) If a majority of the qualified electors voting on the resolution submitted to the voters pursuant to this section who reside within the corporate limits of the city of Goodland, Kansas, and a majority of the qualified electors voting on such resolution whoreside outside of the corporate limits of the city of Goodland, Kansas, vote in favor thereof, the resolution shall be implemented in the manner provided by the resolution. If a majority of the electors who reside within the corporate limits of the city of Goodland, Kansas or a majority of the qualified electors who reside outside of the corporate limits of the city of Goodland, Kansas, vote against such resolution, the proposed resolution shall not be implemented. Sec. 3. K.S.A. 19-201 is hereby amended to read as follows: 19-

201. Except as provided in section 2, and amendments thereto, each county in the state of Kansas shall have three (3) , five (5) or seven (7) commissioner districts, which shall be designated numerically and serially beginning with number 1. The provisions of this section may be modified by the adoptionof a charter for county government in any county which has established a charter commission pursuant to law. Sec. 4. K.S.A. 19-202 is hereby amended to read as follows: 19- 202. (a) The board of county commissioners of each county shall consist of three, five or seven qualified electors. (b) Except as provided in section 2, and amendments thereto, onecounty commissioner shall reside in and represent each commissioner district within the county. During the time that any person

is a candidate for nomination or election to office as a member of the board of county commissioners and during the term of officeof the county commissioner, such candidate or county commissioner shall be and remain a qualified elector who resides in such person’s district. (c) Except as provided by K.S.A. 19-203, and amendments thereto, terms of office for the board of county commissioners shall be staggered in such a way that no more than a simple majority of commissioners is elected at any general election. (d) Except as provided by K.S.A. 19-203, and amendments thereto, all county commissioners shall hold office for a term offour years from the second Monday of January next after their election and until their successors are qualified. (e) The provisions of subsections (a), (c) and (d) of this sectionmay be modified by the adoption of a charter for county government in any county which has established a charter commission pursuant to law. Sec. 5. K.S.A. 19-203 is hereby amended to read as follows: 19- 203. (a) Subject to the provisions of section 2, and amendments there to, when a vacancy occurs in the office of a member of the board ofcounty commissioners, it shall be filled by appointment of a resident in the district to fill the office for the unexpired term and until a successor is elected and qualified. When a vacancy occurs beforeMay 1 of the first even-numbered year following the commencement of a term of office, it shall be filled by the appointment of a

resident of such district who shall serve until a successor is electedand qualified at the next general election. Such successor shall assume office on the second Monday of January next following such

election. (b) Except as provided by subsection (c), appointments under this section shall be made in the manner provided by K.S.A. 25-3902, and amendments thereto, for filling vacancies in district offices. (c) Subject to the provisions of section 2, and amendments there to,vacancies created by an increase in the number of county commissioner districts in a county pursuant to K.S.A. 19-204, and amendments thereto, shall be filled by appointment of the governor. The governor shall make such appointments within 30 days of the date of the adoption of the resolution dividing the county into co mmissioner districts or within 30 days of the date of the order of the district court dividing the county into commissioner districts asrequired by K.S.A. 19-204a, and amendments thereto. Such appointees shall serve until successors are elected and qualified at the next general election. Such successors shall assume office on the second Monday of January next following their election. If at the next general election following such appointments, more than a simple majority of commissioners are elected, persons elected to the positions created by an increase in the number of districts shallbe elected for two year terms and until their successors are qualified. Thereafter such members shall be elected to four year termsand until their successors are qualified. The provisions of this subsection shall apply to positions created by an increase in the number of districts at the election held in November 1990 and all such

elections thereafter. Sec. 6. K.S.A. 19-204 is hereby amended to read as follows: 19- 204. (a) Subject to the provisions of section 2, and amendments thereto, and subject to the provisions of K.S.A. 19-204a, and amendmentsthereto, the board of county commissioners, on the day of the organization of the board or as soon thereafter as may be possible, shall meet and divide the county into three commissioner dis tricts or such number of districts as is prescribed by resolution of the board, as compact and equal in population as possible, and number them. Such districts shall be subject to alteration at least once every three years. (b) In Shawnee county, each district shall include residents of both the incorporated and unincorporated areas of the county. The number of residents in each district from the unincorporated area of the county shall be as equal in number, as possible. Such districts shall be subject to alteration at least once every three years. If the districts do not meet the requirements of this subsection, the districts shall be altered to comply with such requirements no later than 30 days following the effective date of this act.(c) The board of county commissioners of any county, by resolution, may divide the county into three, five or seven commissioner districts, as compact and equal in population as poss ible, but no such resolution which would effect a change in the numberof commissioner districts shall take effect until it has been approved by a majority of the qualified electors of the county voting thereon at the next general election following not less than 60 days the adoption of such resolution, in which all the qualified electorsof the county are entitled to vote. Upon the presentation of a petition to the board of county commissioners, signed by electors equal in number to 5% of the qualified electors of the county and verified by the county election officer, requesting that the numberof commissioner districts be changed, the board of county commissioners shall cause such proposition to be submitted to the voters of the county at the next general election, following not less than 60 days the presentation of such petition, in which all of the qualified electors of the county are entitled to vote. In the event that more than one such petition is presented to the board of county commissioners prior to a general election, and any of such petitions conflicts with any other such petition with respect to the number of commissioner districts requested, the board of county com missioners shall decide, by majority vote thereon, which of the propositions shall be submitted to the voters at the next such general election. If a majority of the electors voting at such election shall be in favor of changing the number of commissioner districts, the board of county commissioners shall provide for the division of the county into commissioner districts as provided in K.S.A. 19- 204a, and amendments thereto.

(continued)q Kansas Secretary of State 2009 

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(d) No change in the number of commissioner districts shall become effective in any county within four years of the effectivedate of any previous change in the number of commissioner districts in such county.(e) The provisions of this section may be modified by the adoption of a charter for county government in any county which has established a charter commission pursuant to law. Sec. 7. K.S.A. 19-204a is hereby amended to read as follows:

19-204a. Subject to the provisions of section 2, and amendments there to, when the voters of a county approve a change in the number of county commissioner districts at an election held under K.S.A. 19- 204, and amendments thereto, the board of county commission ers, on or before January 1 immediately following such election, shall adopt a resolution dividing the county into the number of districts approved by the voters. If the board of county commissioners fails to adopt such resolution within the time prescribed, the chief judgeof the district court of the county, on or before the following January 31, shall order the county divided into the appropriate number of districts. Sec. 8. On July 1, 2009, K.S.A. 2008 Supp. 25-4156 is hereby amended to read as follows: 25-4156. (a) (1) Whenever any person sells space in any newspaper, magazine or other periodical to a candidate or to a candidate committee, party committee or political committee, the charge made for the use of such space shall not exceed the charges made for comparable use of such space for other

purposes.(2) Intentionally charging an excessive amount for political advertising is a class A misdemeanor. (b) (1) Corrupt political advertising of a state or local office is: (A) Publishing or causing to be published in a newspaper or other periodical any paid matter which expressly advocates the nomination, election or defeat of a clearly identified candidate for a state or local office, unless such matter is followed by the word‘‘advertisement’’ or the abbreviation ‘‘adv.’’ in a separate line together with the name of the chairperson or treasurer of the politicalor other organization sponsoring the same or the name of the individual who is responsible therefor; (B) broadcasting or causing to be broadcast by any radio or television station any paid matter which expressly advocates the nomination, election or defeat of a clearly identified candidate for a state or local office, unless such matter is followed by a statement which states: ‘‘Paid for’’ or ‘‘Sponsored by’’ followed by the name of the sponsoring organization and the name of the chairperson or treasurer of the political or other organization sponsoring the same or the name of the individual who is responsible therefor; or (C) telephoning or causing to be contacted by any telephonic meansincluding, but not limited to, any device using a voice over internet protocol or wireless telephone, any paid matter which expressly advocates the nomination, election or defeat of a clearly identified candidate for a state or local office, unless such matter is preceded by a statement which states: ‘‘Paid for’’ or ‘‘Sponsored by’’ followed by the name of the sponsoring organization and the name of the chairperson or treasurer of the political or other organization sponsoring the same or the name of the individual who is responsible therefor; (C) (D) publishing or causing to be published any brochure, flier or other political fact sheet which expressly advocates the nomination, election or defeat of a clearly identified candidate for a state or local office, unless such matter is followed by a statement which states: ‘‘Paid for’’ or ‘‘Sponsored by’’ followed by the name of the chairperson or treasurer of the political or other org anizationsponsoring the same or the name of the individual who is responsible therefor. The provisions of this subsection (C) subparagraph (D) requiringthe disclosure of the name of an individual shall not apply to individuals making expenditures in an aggregate amount of less than $2,500 within a calendar year. ; or (E) making or causing to be made any website, e-mail or other type of internet communication which expressly advocates the no mination, election or defeat of a clearly identified candidate for a state or local office, unless such matter is followed by a statement which states: ‘‘Paid for’’ or ‘‘Sponsored by’’ followed by the name of the chairperson or treasurer of the political or other organization sponsoring the same or the name of the individual who is responsible therefor. The provisions of this subparagraph (E) requiring the disclosure of the name of an individual shall apply only to any website, e-mail or other type of internet communication which is made by the candidate, the candidate’s candidate committee, a political committee or a party committee and such website, e-mail or other internet communication viewed by ordisseminated to at least 25 individuals. For the purposes of this subparagraph, the terms ‘‘candidate,’’ ‘‘candidate committee,’’ ‘‘party committee’’ and ‘‘political committee’’ shall have the meanings ascribed to them in K.S.A. 25-4143, and amendments thereto. (2) Corrupt political advertising of a state or local office is a

class C misdemeanor. (c) If any provision of this section or application thereof to any person or circumstance is held invalid, such invalidity does not affect other provisions or applications of this section which can be given effect without the invalid application or provision, and to this end the provisions of this section are declared to be severable. Sec. 9. On July 1, 2009, K.S.A. 2008 Supp. 25-4148 is hereby amended to read as follows: 25-4148. (a) Every treasurer shall file a report prescribed by this section. Reports filed by treasurers forcandidates for state office, other than officers elected on a statewide basis, shall be filed in both the office of the secretary of state and in the office of the county election officer of the county in which the candidate is a resident. Reports filed by treasurers for

candidates for state-wide office shall be filed electronically and onlywith the secretary of state. Reports filed by treasurers for candidates for local office shall be filed in the office of the county election officer of the county in which the name of the candidate is on the ballot. Except as otherwise provided by subsection (h), all such reports shall be filed in time to be received in the offices required on or before each of the following days:(1) The eighth day preceding the primary election, which report shall be for the period beginning on January 1 of the election year for the office the candidate is seeking and ending 12 days before the primary election, inclusive; (2) the eighth day preceding a general election, which reportshall be for the period beginning 11 days before the primary election and ending 12 days before the general election, inclusive; (3) January 10 of the year after an election year, which report shall be for the period beginning 11 days before the general election and ending on December 31, inclusive; (4) for any calendar year when no election is held, a report shall be filed on the next January 10 for the preceding calendar year;(5) a treasurer shall file only the annual report required by subsection (4) for those years when the candidate is not participating in a primary or general election. (b) Each report required by this section shall state: (1) Cash on hand on the first day of the reporting period; (2) the name and address of each person who has made one or more contributions in an aggregate amount or value in excess of $50 during the election period together with the amount and date of such contributions, including the name and address of every lender, guarantor and endorser when a contribution is in the form of an advance or loan; (3) the aggregate amount of all proceeds from bona fide sales of political materials such as, but not limited to, political campaign pins, buttons, badges, flags, emblems, hats, banners and literature; (4) the aggregate amount of contributions for which the name and address of the contributor is not known;(5) each contribution, rebate, refund or other receipt not otherwise listed; (6) the total of all receipts; (7) the name and address of each person to whom expenditures have been made in an aggregate amount or value in excess of $50,with the amount, date, and purpose of each; the names and addresses of all persons to whom any loan or advance has been made; when an expenditure is made by payment to an advertisingagency, public relations firm or political consultants for disbursement to vendors, the report of such expenditure shall show in detail the name of each such vendor and the amount, date and purpose of the payments to each;(8) the name and address of each person from whom an inkind contribution was received or who has paid for personal services provided without charge to or for any candidate, candidatecommittee, party committee or political committee, if the contribution is in excess of $100 and is not otherwise reported undersubsection (b)(7), and the amount, date and purpose of the contribution;q Kansas Secretary of State 2009 

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(9) the aggregate of all expenditures not otherwise reported under this section; and (10) the total of expenditures.(c) In addition to the requirements of subsection (b), every treasurer for any political committee and party committee shall report the following: (1) (A) The name and address of each candidate for state or local office for whom an expenditure in the form of an in-kind contribution has been made in an aggregate amount or having a fair market value in excess of $300, with the amount, date and purpose of each. The report shall show in detail the specific service or product provided; and (B) the name and address of each candidate for state or local office who is the subject of an expenditure which: (i) Is made without the cooperation or consent of a candidate or candidate committee; (ii) expressly advocates the nomination, election or defeat of such candidate; and (iii) is an aggregate amount or having a fair market value in excess of $300. (2) The report shall state the amount, date and purpose of the expenditure in the form of an in-kind contribution. The report shallshow in detail the specific service or product provided. The reporting requirements imposed by this subsection shall be in addition to all other requirements required by this section. (d) Treasurers of candidates and of candidate committees sh all itemize the purchase of tickets or admissions to testimonial eventsby a person who purchases such tickets or admissions in an aggregate amount or value in excess of $50 per event, or who purchases such a ticket or admission at a cost exceeding $25 per ticket oradmission. All other purchases of tickets or admissions to testimonial events shall be reported in an aggregate amount and shall not be subject to the limitations specified in K.S.A. 25-4154, and

amendments thereto. (e) If a contribution or other receipt from a political commi ttee is required to be reported under subsection (b), the report shall include the full name of the organization with which the politicalcommittee is connected or affiliated or, a description of the connection to or affiliation with such organization. If, the co mmittee is not connected or affiliated with any one organization, the report shall state the trade, profession or primary interest of the politicalcommittee as reflected by the statement of purpose of such organization. (f) The commission may require any treasurer to file an amended report for any period for which the original report filed by such treasurer contains material errors or omissions. The notice of the errors or omissions shall be part of the public record. The amended report shall be filed within 30 days after notice by the

commission. (g) The commission may require any treasurer to file a report for any period for which the required report is not on file. The notice of the failure to file shall be part of the public record. Suchreport shall be filed within five days after notice by the commission. (h) For the purpose of any report required to be filed pursuan tto subsection (a) by the treasurer of any candidate seeking nomination by convention or caucus or by the treasurer of the candidate’s committee or by the treasurer of any party committee or political committee, the date of the convention or caucus shall be considered the date of the primary election. (i) If a report is sent by certified or registered mail on or before the day it is due, the mailing shall constitute receipt by that office. (j) Any report required by this section may be signed by the

candidate in lieu of the candidate’s treasurer or the treasurer of the

candidate’s committee.
Sec. 10. On July 1, 2009, K.S.A. 2008 Supp. 46-247 is hereby amended to read as follows: 46-247. The following individuals shall file written statements of substantial interests, as provided in K.S.A. 46-248 to 46-252, inclusive, and amendments thereto: (a) Legislators and candidates for nomination or election to the legislature. (b) Individuals holding an elected office in the executive branch of this state, and candidates for nomination or election to any such office. (c) State officers, employees and members of boards, councils and commissions under the jurisdiction of the head of any state agency who are listed as designees by the head of a state agency pursuant to K.S.A. 46-285, and amendments thereto.(d) Individuals whose appointment to office is subject to confirmation by the senate whether or not such individual is a state officer or employee.(e) General counsels for state agencies irrespective of how compensated. (f) The administrator or executive director of the education commission of the states, the interstate compact on agricultural grain marketing, the Mo-Kan metropolitan development district and agency compact, the Kansas City area transportation district and authority compact, the midwest nuclear compact, the central interstate low-level radioactive waste compact, the multistate tax compact, the Kansas-Oklahoma Arkansas river basin compact, theKansas-Nebraska Big Blue river compact, and the multistate lottery. (g) Private consultants under contract with any agency of the state of Kansas to evaluate bids for public contracts or to award public contracts. (h) From and after January 1, 2003, any faculty member orother employee of a postsecondary educational institution as defined by K.S.A. 74-3201b, and amendments thereto, who provides consulting services and who, on behalf of or for the benefit of the person for which consulting services are provided: (1) Promotes or opposes action or nonaction by any federalagency, any state agency as defined by K.S.A. 46-224, and amendments thereto, or any political subdivision of the state or any agency of such political subdivision or a representative of such state agency, political subdivision or agency; or(2) promotes or opposes action or nonaction relating to the expenditure of public funds of the federal government, the state orpolitical subdivision of the state or agency of the federal government, state or political subdivision of the state. (i) From and after January 1, 2006, Except as provided by section 11, and amendments thereto, any faculty member who receives an annual salary of $50,000 or more, other than an adjunct facultymember, who is employed by a state education institution as defined by K.S.A. 76-711, and amendments thereto. New Sec. 11. (a) The executive officer of any state educational institution as defined by K.S.A. 76-711, and amendments thereto, may require any faculty member who receives an annual salary of $50,000 or more, other than an adjunct faculty member, to file a written statement of substantial interests with the employing state educational institution in lieu of filing the statements of substantial interests as required by K.S.A. 46-247, and amendments thereto.The executive officer shall notify the governmental ethics commission in writing of such decision to require filing of faculty statements of substantial interests only with the state educational institution. (b) The written statement of substantial interests filed with astate educational institution pursuant to this section shall, at a minimum, include the information required by K.S.A. 46-229, andamendments thereto, and shall be an open public record. Any conflict of interests information required by the state board of regents

or state educational institution that is in addition to that which is required by K.S.A. 46-229, and amendments thereto, may be placed in the faculty member’s personnel records file and discretionarily closed in accordance with K.S.A. 45-221, and amendments thereto. (c) The written statement of substantial interests required by this section shall be in such form as required by the state board of regents and shall be filed annually as part of the state educationalinstitution’s appointment or salary notification process, and supplemented as required by the state board of regents. (d) The provisions of this section shall take effect on July 1,

2009. (e) The provisions of this section shall expire on July 1, 2010.

Sec. 12. K.S.A. 19-201, 19-202, 19-203, 19-204 and 19-204a and K.S.A. 2008 Supp. 74-2113 are hereby repealed. Sec. 13. On July 1, 2009, K.S.A. 2008 Supp. 25-4148, 25-4156, 25-4156a and 46-247 are hereby repealed.

Sec. 14. This act shall take effect and be in force from and after its publication in the Kansas register.q Kansas Secretary of State 2009 

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(Published in the Kansas Register May 28, 2009.)



### HOUSE Substitute for SENATE BILL No. 168

A N A CT concerning state agencies; relating to salaries and wages;amounts budgeted and appropriated therefor; payment of payroll obligations.

Be it enacted by the Legislature of the State of Kansas: Section 1. On and after July 1, 2009, all moneys budgeted forsalaries, wages, compensation and associated employer’s contributions for full-time equivalent positions to any state agency, under an approved budget for which appropriations from the state general fund or any special revenue fund of the state treasury are made by act of the legislature, shall be expended for such salaries, wages, compensation and associated employer’s contributions for full-time equivalent positions. Such appropriations from the state general fund or any special revenue fund of the state treasury shall not be expended for other purposes in such state agency’s budget unless specifically authorized by appropriation act or other act of the legislature. Sec. 2. (a) Except as otherwise provided by this section, among all obligations and other amounts that are payable from the state treasury in accordance with the provisions of appropriation acts, the department of administration and each other state agency shall give priority to payment of payroll obligations for salaries and wages for state officers and employees over payment of all otherobligations and other amounts that are payable from the state treasury. After the payment of such payroll obligations for salaries and wages for state officers and employees, such other obligations andother amounts may be paid to the extent that resources are available therefor in the state treasury or shall be pended to be paidwhen sufficient resources are available. The secretary of administration shall implement and administer the provisions of this section. The priority of payment prescribed by this section shall be subject to all applicable requirements, limitations or restrictions under federal or state law, including, but not limited to, the federalAmerican recovery and reinvestment act of 2009, and shall be subject to all applicable requirements, limitations or restrictions prescribed by contracts and other agreements authorized by law, including, but not limited to, debt service payments pursuant tocontractual bond obligations, as determined by the secretary of administration, after conferring with the director of the budget. (b) As used in this section, ‘‘salaries and wages’’ includes allamounts payable for direct and indirect compensation, benefits included in the annual summary of compensation under K.S.A. 75- 5550, and amendments thereto, associated employer contributions and other associated payroll obligations and payments.

Sec. 3. This act shall take effect and be in force from and after its publication in the Kansas register.

(Published in the Kansas Register May 28, 2009.)



### SENATE Substitute for HOUSE BILL No. 2072

A N A CT concerning retirement and pensions; relating to the Kansas public employees retirement system and systems thereun

der; employment after retirement; disability benefits; purchase of service credit; state and school employer contribution rate; amending K.S.A. 74-4937 and K.S.A. 2008 Supp. 74-4914, 74- 4920 and 74-4960a and repealing the existing sections.

Be it enacted by the Legislature of the State of Kansas: Section 1. K.S.A. 2008 Supp. 74-4914 is hereby amended toread as follows: 74-4914. (1) The normal retirement date for a member of the system shall be the first day of the month coinciding with or following termination of employment with any participatingemployer not followed by employment with any participating employer within 30 60 days and the attainment of age 65 or, commencing July 1, 1993, age 62 with the completion of 10 years of credited service or the first day of the month coinciding with or following the date that the total of the number of years of credited service and the number of years of attained age of the member is equal to or more than 85. In no event shall a normal retirement date for a member be before six months after the entry date of the participating employer by whom such member is employed. A member may retire on the normal retirement date or on the first day of any month thereafter upon the filing with the office of the retirement system of an application in such form and manner as the board shall prescribe. Nothing herein shall prevent any person, member or retirant from being employed, appointed or elected as an employee, appointee, officer or member of the legislature. Elected officers may retire from the system on any date on or after the attainment of the normal retirement date, but no retirement benefits payable under this act shall be paid until the member has

terminated such member’s office.(2) No retirant shall make contributions to the system or receive service credit for any service after the date of retirement. (3) Any member who is an employee of an affiliating employer pursuant to K.S.A. 74-4954b and amendments thereto and has not

withdrawn such member’s accumulated contributions from the Kansas police and firemen’s retirement system may retire before such member’s normal retirement date on the first day of any month coinciding with or following the attainment of age 55.(4) Any member may retire before such member’s normal retirement date on the first day of any month coinciding with orfollowing termination of employment with any participating employer not followed by employment with any participating employer within 30 60 days and the attainment of age 55 with the completion of 10 years of credited service, but in no event before six months after the entry date, upon the filing with the office of the retirement system of an application for retirement in such form and manner as the board shall prescribe.(5) On or after July 1, 2006, for any retirant who is first employed or appointed in or to any position or office by a participating employer other than a participating employer for which such retirant was employed or appointed during the final two years of such retirant’s participation , and, on or after April 1, 2009, for any retirant who is employed by a third-party entity who contracts services with a participating employer other than a participating employer for which such retirant was employed or appointed during the final two years of such retirant’s participation to fill a position covered under subsection (a) of K.S.A. 72-5410, and amendments thereto, with such retirant , suchparticipating employer shall pay to the system the actuarially determined employer contribution and the statutorily prescr ibed employee contribution based on the retirant’s compensation d uring any such period of employment or appointment. If a retirant who retired on or after July 1, 1988, is employed or appointed in or to any position or office for which compensation for service is paid in an amount equal to $15,000 or more, or commencing in calendar year 2006, and all calendar years thereafter, $20,000 or more in any one such calendar year, by any participating employer for which such retirant was employed or appointed during the final two years of such retirant’s participation, and, on or after April 1, 2009, by any third-party entity who contracts services to fill a position covered under subsection (a) of K.S.A. 72-5410, and amendments thereto, with such retirant with a participating employer for which such retirant wasemployed or appointed during the final two years of such retirant’s participation , such retirant shall not receive any retirement benefit for any month for which such retirant serves in such position or office. The participating employer who employs such retirant whether by contract directly with the retirant or through an arrangement with a thirdparty entity shall report to the system within 30 days of when thecompensation paid to the retirant is equal to or exceeds any limitation provided by this section. Any participating employer who contracts services with any such third-party entity to fill a position covered under subsection (a) of K.S.A. 72-5410, and amendments thereto, shallinclude in such contract a provision or condition which requires the thirdparty entity to provide the participating employer with the necessary compensation paid information related to any such position filled by the thirdparty entity with a retirant to enable the participating employer to comply with provisions of this subsection relating to the payment of contributions and reporting requirements. The provisions and requirements provided for in amendments made in this act which relate to positions filled with a retirant or employment of a retirant by a third-party entity shall not apply to any contract for services entered into prior to April 1, 2009, between a participating employer and third-party entity as described in

this subsection. Any retirant employed by a participating employer or a third-party entity as provided in this subsection shall not makeq Kansas Secretary of State 2009 

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contributions nor receive additional credit under such system for such service except as provided by this section. Upon request of the executive director of the system, the secretary of revenue shallprovide such information as may be needed by the executive director to carry out the provisions of this act. The provisions of this subsection shall not apply to retirants employed as substitute teachers or officers, employees or appointees of the legislature. The provisions of this subsection shall not apply to members of thelegislature prior to January 8, 2000. The provisions of this subsection shall not apply to any other elected officials prior to the term of office of such elected official which commences on or after July 1, 2000. The provisions of this subsection shall apply to any other

elected official on and after the term of office of such other electedofficial which commences on or after July 1, 2000. Except as otherwise provided, commencing January 8, 2001, the provisions ofthis subsection shall apply to members of the legislature. For determination of the amount of compensation paid pursuant to thissubsection, for members of the legislature, compensation shall include any amount paid as provided pursuant to subsections (a),(b), (c) and (d) of K.S.A. 46-137a, and amendments thereto, or pursuant to K.S.A. 46-137b, and amendments thereto. Notwithstanding any provision of law to the contrary, when a member of the legislature is paid an amount of compensation of $15,000 or more,or commencing in calendar year 2006, and all calendar years thereafter, $20,000 or more in any one calendar year, the member may continue to receive any amount provided in subsections (b) and (d) of K.S.A. 46-137a, and amendments thereto, and still be entitled to receive such member’s retirement benefit. Commencing July 1, 2005, the provisions of this subsection shall not apply to retirants who either retired under the provisions of subsection (1), or, if they retired under the provisions of subsection (4), were retired more than 30 days prior to the effective date of this act and are licensed professional nurses or licensed practical nurses employed by the state of Kansas in an institution as defined in subsection (b) ofK.S.A. 76-12a01 or subsection (f) of K.S.A. 38-2302, and amendments thereto, the Kansas soldiers’ home or the Kansas veterans’ home. Nothing in this subsection shall be construed to create any right, or to authorize the creation of any right, which is not subjectto amendment or nullification by act of the legislature. The participating employer of such retirant shall pay to the system the actuarially determined employer contribution based on the retirant’s compensation during any such period of employment.(6) For purposes of this section, any employee of a local governmental unit which has its own pension plan who becomes an employee of a participating employer as a result of a merger or consolidation of services provided by local governmental units, which occurred on January 1, 1994, may count service with such local governmental unit in determining whether such employee has met the years of credited service requirements contained in this

section. Sec. 2. K.S.A. 74-4937 is hereby amended to read as follows: 74-4937. (1) The normal retirement date of a member of the system who is in school employment and who is subject to K.S.A. 74-4940and amendments thereto shall be the first day of the month coinciding with or following termination of employment not followed by employment with any participating employer within 30 60 days and the end of the school fiscal year in which the member attains attainment of age 65 or, commencing July 1, 1986, age 65 or age 60 with the completion of 35 years of credited service or at any age with the completion of 40 years of credited service, or comme ncingJuly 1, 1993, any alternative normal retirement date already prescribed by law or age 62 with the completion of 10 years of credited service or the first day of the month coinciding with or following the date that the total of the number of years of credited service and the number of years of attained age of the member is equal to or more than 85. Each member upon giving prior notice to the appointing authority and the retirement system may retire on the normal retirement date or the first day of any month thereafter.(2) Any member who is in school employment and who is subject to K.S.A. 74-4940 and amendments thereto may retire before such member’s normal retirement date on the first day of the month coinciding with or following termination of employment not followed by employment with any participating employer

within 30 60 days and the completion of the school fiscal year in

which such member attained attainment of age 55 with the completion of 10 years of credited service, upon the filing with the office of the retirement system of an application for retirement in such form and manner as the board shall prescribe. (3) No member who begins a year of school employment andwho is subject to K.S.A. 74-4940 and amendments thereto may retire until the first day of the month coinciding with or following the end of the current school fiscal year unless good cause is shown and such retirement is agreed to by the participating employer and

the board. (4) As used in this section ‘‘school fiscal year’’ means the twelve-month period beginning July 1 and ending June 30. Commencing July 1, 2009, the provisions of subsection (5) of K.S.A. 74-4914, and amendments thereto, which relate to an earnings limitation which when met or exceeded requires that the retirant not receive a retirement benefit for any month for which such retirant serves in a position as described herein shall not apply to retirants who either retired under the provisions of subsection (1) of K.S.A. 74-4914, and amendme nts thereto, related to normal retirement, or, if they retired under the provisions of subsection (4) of K.S.A. 74-4914, and amendments thereto, r elated to early retirement, were retired more than 60 days prior to the effective date of this act, and are subsequently hired in a position that requires a license under K.S.A. 72-1388, and amendments thereto, or other provision of law. The provisions of this subsection do not apply to retirants who retired under subsection (4) of K.S.A. 74-4914, and amendments thereto, which relates to early retirement prior to age 62. Except as otherwise provided, when a retirant is employed by the same school district or a different school district with which such retirant was employed during the final two years of such retirant’s participation or employed by a third-party entity who contracts services with a school district to fill a position as described in this subsection, the participating employer of such retirant shall pay to the system the actuarially determined employer contribution based on the retirant’s compensation during any such period of employment plus 8%. The provisions of this subsection shall not apply to retirants employed as substitute teachers. The provisions of subsection (5) of K.S.A. 74-4914,and amendments thereto, shall be applicable to retirants employed as described in this subsection, except as specifically provided in this subsection. Nothing in this subsection shall be construed to create any right, or to authorize the creation of any right, which is not subject to amendment or nullification by act of the legislature. The provisions o f this subsection shall expire on July 1, 2012. After such date the Kansas public employees retirement system and its actuary shall report the experience to the joint committee on pensions, investments and benefits. Sec. 3. K.S.A. 2008 Supp. 74-4960a is hereby amended to read as follows: 74-4960a. (1) If any active contributing member who is appointed or employed on or after July 1, 1989, or who makes an election pursuant to K.S.A. 74-4955a and amendments thereto tobe covered by the provisions of this act becomes disabled as defined in subsection (2), such member shall receive a monthly benefit equal to 50% of the member’s final average salary at the timesuch member was disabled payable in monthly installments, accruing from the first day upon which the member ceases to draw compensation, if a report of the disability in such form and manner as the board shall prescribe is filed in the office of the executivedirector of the board within 220 days after the date of the commencement of such disability and if an application for such benefit in such form and manner as the board shall prescribe is filed in the office of the executive director of the board within two years of the date of the commencement of such disability, except that the board may waive such two-year requirement, if the board is present ed with evidence that clearly warrants such a waiver.(2) For the purposes of this section, ‘‘disabled’’ means total inability to perform permanently the duties of the position of policeman or fireman. (3) In the event a member who is disabled and entitled to such benefits as provided in subsection (1) dies after the date of such disability, the following benefits shall be payable:(i) Pursuant to the provisions of K.S.A. 74-49,128, and amendments thereto, to the member’s spouse, if lawfully wedded to the member at the time of the member’s death, and if no benefits are payable under subsection (3) of K.S.A. 74-4958a, and amendments thereto, a lump-sum benefit equal to 50% of the member’s final average salary at the time such member was disabled. (ii) To the member’s spouse, if lawfully wedded to the member at the time of the member’s death, an annual benefit equal to 50%

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of the member’s benefit payable in monthly installments, to accrue from the first day of the month following the member’s date of death and ending on the last day of the month in which the spouse dies. Commencing on the effective date of this act, any survi ving spouse, who was receiving benefits pursuant to this section andwho had such benefits terminated by reason of such spouse’s remarriage, shall be entitled to once again receive benefits p ursuantto this section, except that such surviving spouse shall not be entitled to recover any benefits not received after the termination of benefits by reason of such surviving spouse’s remarriage but before the effective date of this act. If there is no surviving spouse, or if after the death of the spouse there remain one or more children under the age of 18 years or one or more children under the age of 23 years who is a full-time student as provided in K.S.A. 74-49,117 and amendments thereto, the spouse’s benefit shall be payable, subject to the provisions of K.S.A. 74-49,123 and amendments thereto, in equal shares to such children and each child’s share shall end on the last day of the month in which such child attains the age of 18 years or dies, whichever occurs earlier or in which such child attains the age of 23 years, if such child is a full-time studentas provided in K.S.A. 74-49,117 and amendments thereto. Commencing on the effective date of this act, any child who was receiving benefits pursuant to this section and who had such benefits terminated by reason of such child’s marriage, shall be entitled to once again receive benefits pursuant to this section subject to the limitations contained in this section, except that such child shallnot be entitled to recover any benefits not received after the termination of benefits by reason of such child’s marriage but before

the effective date of this act. (4) Any member who was employed for compensation by an employer other than the member’s participating employer andwhose disability was incurred in the course of such other employment shall not be eligible for any of the benefits provided in subsection (1) or (3). (5) If a member becomes totally and permanently disabled andno benefits are payable under subsection (1), the sum of the member’s accumulated contributions shall be paid to the member.(6) Any member receiving benefits under this section shall submit to medical examination, not more frequent than annually, by one or more physicians or any other practitioners of the healing arts holding a valid license issued by the state board of healing arts to practice a branch of the healing arts, as the board of trustees may direct. If upon such medical examination, the examiner’s report to the board states that the member is physically able and capable of resuming employment with the same or a different participating employer, the disability benefits shall terminate. A member who has been receiving benefits under the provisions of this section and who returns to employment, as defined in subsection (4) of K.S.A. 74-4952 and amendments thereto, of a participating employer shall immediately commence accruing service credit which shall be added to that which has been accrued by virtue of previous service. (7) Any member who has been receiving benefits under the provisions of this section for a period of five years shall be deemedpermanent and shall not be subject to further medical examinations, except that if the board of trustees shall have reasonablegrounds to question whether the member remains totally and permanently disabled, a further medical examination or examinations may be required. (8) Refusal or neglect to submit to examination as provided in subsection (6) shall be sufficient cause for suspending or d iscontinuing benefit payments under this section and if such refusal or neglect shall continue for a period of one year, the member’s rights in and to all benefits under this system may be revoked by the

board. (9) In the event that a member becomes disabled and is eligible for benefits provided in this section, such member shall be given participating service credit for the entire period of such disability. (10) Any member who is receiving benefits pursuant to this section shall file annually a statement of earnings for the previous year in such form and manner as the board shall prescribe. Anydisability benefit paid to a member entitled to such benefit pursuant to this section shall be reduced by the board in an amount equal to a $1 reduction in such benefit for every $2 of earnings of such member which were earned during the previous year while such member was disabled. Such reduction shall apply only to a member’s earnings which exceed $10,000. (11) (10) Any benefits provided pursuant to this section and any participating service credit given pursuant to subsection (9) shall terminate upon the earliest date such member is eligible forretirement upon attainment of the normal retirement date as provided in K.S.A. 74-4964a and amendments thereto. (12) (11) Any member who has received benefits under the provisions of this section for a period of five years or more immediately preceding retirement shall have such member’s final average salary adjusted upon retirement by the actuarial salary assumption rates in existence during such period. Effective July 1, 1993, each member’s current annual rate shall be adjusted upon retirement by 5% for each year of disability after July 1, 1993, but before July 1, 1998. Effective July 1, 1998, such member’s current annual rate shall be adjusted upon retirement by an amount equal to the lesser of:(1) The percentage increase in the consumer price index for all urban consumers as published by the bureau of labor statistics of the United States department of labor minus one percent; or (2) four percent per annum, measured from the member’s last day on the payroll to the month that is two months prior to the month of retirement, for each year of disability after July 1, 1998. (13) (12) All payments due under this section to a minor shall be made to a legally appointed conservator of such minor. (14) (13) The provisions of this section shall be effective on andafter July 1, 1989 and shall apply only to members who were appointed or employed prior to July 1, 1989, and who made an election pursuant to K.S.A. 74-4955a and amendments thereto; and persons appointed or employed on or after July 1, 1989. (15) (14) Any member who has been receiving benefits under the provisions of this section and who returns to employment with the same or different participating employer in the system shall no longer be deemed disabled under the provisions of this section. (16) (15) Upon the death of a member who has been receiving benefits under the provisions of this section, if no further benefitsare payable, the excess, if any, of the member’s accumulated contributions over the sum of all benefits paid shall be paid to the member’s beneficiary.New Sec. 4. Any member of the Kansas public employees retirement system may purchase up to two years of participating service credit for service as approved, directly related jo urneyman experience above the apprenticeship as required by K.A.R. 91-1-39 prior to the revocation of such regulation on June 30, 2003, for daytrade, personal service and public service teachers which commenced on or after January 1, 1962. Such purchase of participating service credit shall be made in accordance with the provisions of K.S.A. 74-49,123, and amendments thereto. The benefit for each such period of service purchased by the member shall be equal to1.75% of the final average salary of any such member. Such member may purchase such participating service credit by submitting proof of such service acceptable to the board of trustees and by making application therefor prior to the date of retirement of such member for such purchase and to have such member’s employee contributions deducted from such member’s compensation at an additional rate of contribution, in addition to the employee’s rate of contribution as provided in K.S.A. 74-4919, and amendmentsthereto, based upon the member’s attained age at the time of purchase and using actuarial assumptions and tables in use by the retirement system at such time of purchase for such periods of

service. Such additional rate of contribution shall commence at thebeginning of the quarter following the date upon which such member made application for such purchase and shall remain in effect until all of the full quarters of such service have been purchased. In lieu of the deduction of employee contributions as provided in this section, any such member may purchase such participating service credit by means of a single lump-sum payment in an amount equal to the then present value of benefits being purchased as determined by the actuary using the member’s attained age at the time of purchase, annual compensation at the time of purchase and the actuarial assumptions and tables currently in use by the system. The lump-sum payment shall be made immediately upon being notified of the amount due under this purchase method. The provisions of this section shall be part of and supplemental to the provisions of K.S.A. 74-4901 et seq., and amendments thereto.q Kansas Secretary of State 2009 

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Sec. 5. K.S.A. 2008 Supp. 74-4920 is hereby amended to read as follows: 74-4920. (1) (a) Upon the basis of each annual actuarial valuation and appraisal as provided for in subsection (3)(a) of K.S.A. 74-4908 and amendments thereto, the board shall certify, on or before July 15 of each year, to the division of the budget in thecase of the state and to the agent for each other participating employer an actuarially determined estimate of the rate of contribution which will be required, together with all accumulated contributions and other assets of the system, to be paid by each suchparticipating employer to pay all liabilities which shall exist or accrue under the system, including amortization of the actuarial accrued liability as determined by the board. The board shall determine the actuarial cost method to be used in annual actuarial valuations, to determine the employer contribution rates that shallbe certified by the board. Such certified rate of contribution, amortization methods and periods and actuarial cost method shall be based on the standards set forth in subsection (3)(a) of K.S.A. 74- 4908 and amendments thereto and shall not be based on any other purpose outside of the needs of the system. (b) (i) For employers affiliating on and after January 1, 1999, upon the basis of an annual actuarial valuation and appraisal of the system conducted in the manner provided for in K.S.A. 74-4908 and amendments thereto, the board shall certify, on or before July 15 of each year to each such employer an actuarially determined estimate of the rate of contribution which shall be required to be paid by each such employer to pay all of the liabilities which shallaccrue under the system from and after the entry date as determined by the board, upon recommendation of the actuary. Such rate shall be termed the employer’s participating service c ontribution and shall be uniform for all participating employers. Such additional liability shall be amortized as determined by the board. For all participating employers described in this section, the board

shall determine the actuarial cost method to be used in annual actuarial valuations to determine the employer contribution rates that shall be certified by the board.(ii) The board shall determine for each such employer separately an amount sufficient to amortize all liabilities for prior service costs which shall have accrued at the time of entry into thesystem. On the basis of such determination the board shall annually certify to each such employer separately an actuarially determined estimate of the rate of contribution which shall be required to be paid by that employer to pay all of the liabilities for such prior service costs. Such rate shall be termed the employer’s prior service contribution. (2) The division of the budget and the governor shall includein the budget and in the budget request for appropriations for personal services the sum required to satisfy the state’s obligation under this act as certified by the board and shall present the same to the legislature for allowance and appropriation. (3) Each other participating employer shall appropriate and pay to the system a sum sufficient to satisfy the obligation under this act as certified by the board. (4) Each participating employer is hereby authorized to pay the employer’s contribution from the same fund that the compens ation for which such contribution is made is paid from or from any other funds available to it for such purpose. Each political subdivision,other than an instrumentality of the state, which is by law authorized to levy taxes for other purposes, may levy annually at the time of its levy of taxes, a tax which may be in addition to all other taxesauthorized by law for the purpose of making its contributions under this act and, in the case of cities and counties, to pay a portion of the principal and interest on bonds issued under the authority of K.S.A. 12-1774 and amendments thereto by cities located in the county, which tax, together with any other fund available, shall be sufficient to enable it to make such contribution. In lieu of levying the tax authorized in this subsection, any taxing subdivision maypay such costs from any employee benefits contribution fund established pursuant to K.S.A. 12-16,102 and amendments thereto. Each participating employer which is not by law authorized to levytaxes as described above, but which prepares a budget for its expenses for the ensuing year and presents the same to a governing body which is authorized by law to levy taxes as described above,may include in its budget an amount sufficient to make its contributions under this act which may be in addition to all other taxes authorized by law. Such governing body to which the budget is submitted for approval, may levy a tax sufficient to allow the participating employer to make its contributions under this act, which tax, together with any other fund available, shall be sufficient toenable the participating employer to make the contributions required by this act.(5) (a) The rate of contribution certified to a participating employer as provided in this section shall apply during the fiscal year of the participating employer which begins in the second calendar year following the year of the actuarial valuation. (b) (i) Except as specifically provided in this section, for fiscal years commencing in calendar year 1996 and in each subsequentcalendar year, the rate of contribution certified to the state of Kansas shall in no event exceed the state’s contribution rate for the immediately preceding fiscal year by more than 0.2% of the amountof compensation upon which members contribute during the period. (ii) Except as specifically provided in this subsection, for the fiscal years commencing in the following calendar years, the rateof contribution certified to the state of Kansas and to the participating employers under K.S.A. 74-4931, and amendments thereto

shall in no event exceed the state’s contribution rate for the immediately preceding fiscal year by more than the following amounts expressed as a percentage of compensation upon whichmembers contribute during the period: (A) For the fiscal year commencing in calendar year 2005, an amount not to exceed more than 0.4% of the amount of the immediately preceding fiscal year; (B) for the fiscal year commencing in calendar year 2006, an amount not to exceed more than 0.5% of the amount of the immediately preceding fiscal year; and (C) for the fiscal year commencing in calendar year 2007 and in each subsequent calendar year, an

amount not to exceed more than 0.6% of the amount of the immediately preceding fiscal year. (iii) Except as specifically provided in this section, for fiscal years commencing in calendar year 1997 and in each subsequentcalendar year, the rate of contribution certified to participating employers other than the state of Kansas shall in no event exceed such participating employer’s contribution rate for the immedi ately preceding fiscal year by more than 0.15% of the amount of compensation upon which members contribute during the period. (iv) Except as specifically provided in this subsection, for the fiscal years commencing in the following calendar years, the rate of contribution certified to participating employers other than the

state of Kansas shall in no event exceed the contribution rate for such employers for the immediately preceding fiscal year by morethan the following amounts expressed as a percentage of compensation upon which members contribute during the period: (A) For the fiscal year commencing in calendar year 2006, an amount notto exceed more than 0.4% of the amount of the immediately preceding fiscal year; (B) for the fiscal year commencing in calendar year 2007, an amount not to exceed more than 0.5% of the amount of the immediately preceding fiscal year; and (C) for the fiscal yearcommencing in calendar year 2008 and in each subsequent calendar year, an amount not to exceed more than 0.6% of the amount of the immediately preceding fiscal year. (v) As part of the annual actuarial valuation, there shall be a separate employer rate of contribution calculated for the state ofKansas, a separate employer rate of contribution calculated for participating employers under K.S.A. 74-4931 and amendments thereto, a combined employer rate of contribution calculated for the state of Kansas and participating employers under K.S.A. 74- 4931, and amendments thereto, and a separate employer rate of contribution calculated for all other participating employers. (vi) There shall be a separate combined employer rate of contribution certified to the state of Kansas. There shall be a separate employer rate of contribution certified to and participating employers under K.S.A. 74-4931, and amendments thereto. There shall be a separate employer rate of contribution certified to all other participating employers. (vii) If the combined employer rate of contribution calculated for the state of Kansas and participating employers under K.S.A.74-4931, and amendments thereto, is greater than the separate employer rate of contribution for the state of Kansas, the difference in the two rates applied to the actual payroll of the state of Kansas for the applicable fiscal year shall be calculated. This amount shall

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be certified by the board as additional employer contributions forthe participating employers under K.S.A. 74-4931, and amendments thereto, to the division of budget and governor who shallinclude in the budget each year thereafter provisions for the transfer from the state general fund of sufficient sums to satisfy thisobligation. This amount shall be distributed through the same procedure as followed for the employer contribution payments under K.S.A. 74-4939 and K.S.A. 74-4939a, and amendments thereto, and then remitted by the participating employers to the Kansas public employees retirement system for deposit as additional employer

contributions to the retirement benefit accumulation reserve for the participating employers under K.S.A. 74-4931, and amendments

thereto.(6) The actuarial cost of any legislation enacted in the 1994 session of the Kansas legislature will be included in the June 30, 1994,actuarial valuation in determining contribution rates for participating employers. (7) The actuarial cost of the provisions of K.S.A. 74-4950i will be included in the June 30, 1998, actuarial valuation in determiningcontribution rates for participating employers. The actuarial accrued liability incurred for the provisions of K.S.A. 74-4950i shall be amortized over 15 years. (8) Except as otherwise provided by law, the actuarial cost ofany legislation enacted by the Kansas legislature, except the actuarial cost of K.S.A. 74-49,114a, and amendments thereto, shall bein addition to the employer contribution rates certified for the employer contribution rate in the fiscal year immediately following

such enactment.(9) Notwithstanding the provisions of subsection (8), the actuarial cost of the provisions of K.S.A. 74-49,109 et seq., and amendments thereto shall be first reflected in employer contribution rates effective with the first day of the first payroll period for the fiscalyear 2005. The actuarial accrued liability incurred for the provisions of K.S.A. 74-49,109 et seq., and amendments thereto shall be amortized over 10 years. (10) The cost of the postretirement benefit payment provided pursuant to the provisions of K.S.A. 2008 Supp. 74-49,114b, andamendments thereto, for retirants other than local retirants as described in subsection (11) or insured disability benefit recipients shall be paid in the fiscal year commencing on July 1, 2007. (11) The actuarial accrued liability incurred for the provi sions of K.S.A. 2008 Supp. 74-49,114b, and amendments thereto, for theKPERS local group and retirants who were employees of local employers which affiliated with the Kansas police and firemen’s retirement system shall be amortized over 10 years. (12) The cost of the postretirement benefit payment provided pursuant to the provisions of K.S.A. 2008 Supp. 74-49,114c, andamendments thereto, for retirants other than local retirants as described in subsection (13) or insured disability benefit recipients shall be paid in the fiscal year commencing on July 1, 2008. (13) The actuarial accrued liability incurred for the provi sions of K.S.A. 2008 Supp. 74-49,114c, and amendments thereto, for theKPERS local group and retirants who were employees of local employers which affiliated with the Kansas police and firemen’s retirement system shall be amortized over 10 years.(14) The board with the advice of the actuary may fix the contribution rates for participating employers joining the system after one year from the first entry date or for employers who exercise the option contained in K.S.A. 74-4912 and amendments thereto at rates different from the rate fixed for employers joining within one year of the first entry date. (15) For employers affiliating on and after January 1, 1999, therates of contribution certified to the participating employer as provided in this section shall apply during the fiscal year immediately following such certification, but the rate of contribution during the first year following the employer’s entry date shall be equal to 7%of the amount of compensation on which members contribute during the year. Any amount of such first year’s contribution which may be in excess of the necessary current service contribution shall be credited by the board to the respective employer’s prior service liability. (16) Employer contributions shall in no way be limited by any

other act which now or in the future establishes or limits the compensation of any member. (17) Notwithstanding any provision of law to the contrary, each participating employer shall remit quarterly, or as the boardmay otherwise provide, all employee deductions and required employer contributions to the executive director for credit to the Kansas public employees retirement fund within three days after the end of the period covered by the remittance by electronic funds

transfer. Remittances of such deductions and contributions received after such date are delinquent. Delinquent payments dueunder this subsection shall be subject to interest at the rate established for interest on judgments under subsection (a) of K.S.A. 16-204 and amendments thereto. At the request of the board, delinquent payments which are due or interest owed on such payments, or both, may be deducted from any other moneys payable to such employer by any department or agency of the state.
Sec. 6. K.S.A. 74-4937 and K.S.A. 2008 Supp. 74-4914, 74-4920 and 74-4960a are hereby repealed.

Sec. 7. This act shall take effect and be in force from and after its publication in the Kansas register.

(Published in the Kansas Register May 28, 2009.)



### SENATE Substitute for HOUSE BILL No. 2369

A N A CT concerning energy; relating to conservation and electric generation, transmission and efficiency and air emissions; amending K.S.A. 19-101a, 55-1,117, 65-3012 and 66-104d and K.S.A. 2008 Supp. 65-3005, 65-3008a, 66-1,184, 74-99d07 and 74- 99d14 and repealing the existing sections; also repealing K.S.A. 19-101a, as amended by section 7 of 2009 Senate Bill No. 336,

and 19-101m.

Be it enacted by the Legislature of the State of Kansas:
New Section 1. Sections 1 through 7, and amendments thereto,shall be known and may be cited as the renewable energy standards act.
New Sec. 2. As used in the renewable energy standards act:(a) ‘‘Affected utility’’ means any electric public utility, as defined in K.S.A. 66-101a, and amendments thereto, but does not include any portion of any municipally owned or operated electric utility. (b) ‘‘Commission’’ means the state corporation commission.(c) ‘‘Net renewable generation capacity’’ means the gross generation capacity of the renewable energy resource over a four-hourperiod when not limited by ambient conditions, equipment, operating or regulatory restrictions less auxiliary power required to operate the resource, and refers to resources located in the state or resources serving ratepayers in the state.(d) ‘‘Peak demand’’ means the demand imposed by the affected utility’s retail load in the state. (e) ‘‘Renewable energy credit’’ means a credit representin g energy produced by renewable energy resources issued as part of a program that has been approved by the state corporation comm ission.(f) ‘‘Renewable energy resources’’ means net renewable generation capacity from: (1) Wind; (2) solar thermal sources; (3) photovoltaic cells and panels; (4) dedicated crops grown for energy production; (5) cellulosic agricultural residues; (6) plant residues; (7) methane from landfills or from wastewater treatment; (8) clean and untreated wood products such as pallets; (9) (A) existing hydropower; (B) new hydropower, not including pumped storage, that has a nameplate rating of 10 megawatts or less;(10) fuel cells using hydrogen produced by one of the abovenamed renewable energy resources; and (11) other sources of energy, not including nuclear power, that become available after the effective date of this section, and that are certified as renewable by rules and regulations established by the commission pursuant to section 7, and amendments thereto.q Kansas Secretary of State 2009 

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New Sec. 3. (a) The commission shall establish by rules andregulations a portfolio requirement for all affected utilities to generate or purchase electricity generated from renewable energy resources or purchase renewable energy credits. For the purposes of calculating the capacity from renewable energy credit purchases, the affected utility shall use its actual capacity factor from itsowned renewable generation from the immediately previous calendar year. Renewable energy credits may only be used to meet a portion of portfolio requirements for the years 2011, 2016 and 2020,unless otherwise allowed by the commission. Such portfolio requirement shall provide net renewable generation capacity that shall constitute the following portion of each affected utility’s peak

demand: (1) Not less than 10% of the affected utility’s peak demand for calendar years 2011 through 2015, based on the average demand of the prior three years of each year’s requirement; (2) not less than 15% of the affected utility’s peak demand for calendar years 2016 through 2019, based on the average demand of the prior three years of each year’s requirements; and (3) not less than 20% of the affected utility’s peak demand foreach calendar year beginning in 2020, based on the average demand of the prior three years of each year’s requirement. (b) The portfolio requirements described in subsection (a) shall apply to all power sold to Kansas retail consumers whether such power is self-generated or purchased from another source in oroutside of the state. The capacity of all net metering systems interconnected with the affected utilities under the net metering and easy connection act in section 8 et seq., and amendments thereto, shall count toward compliance. (c) Each megawatt of eligible capacity in Kansas installed afterJanuary 1, 2000, shall count as 1.10 megawatts for purposes of compliance.(d) The commission shall establish rules and regulations required in this section within 12 months of the effective date of this

act.

New Sec. 4. The commission shall allow affected utilities to

recover reasonable costs incurred to meet the new renewable energy resource requirements required in the renewable energy standards act.New Sec. 5. For each affected utility, the commission shall determine whether investment in renewable energy resources required to meet the renewable portfolio requirement, as required by section 3, and amendments thereto, causes the affected utility’s total revenue requirement to increase one percent or greater. The retail rate impact shall be determined net of new nonrenewable alternative sources of electricity supply reasonably available at the

time of the determination.New Sec. 6. (a) The commission shall establish rules and regulations for the administration of the renewable energy standards act, including reporting and enforcement mechanisms necessary to ensure that each affected utility complies with this standard andother provisions governing the imposition of administrative penalties assessed after a hearing held by the commission. Admi nistrative penalties should be set at a level that will promote compliance with the renewable energy standards act, and shall not be limited to penalties set forth in K.S.A 66-138 and 66-177, and

amendments thereto. (b) For the calendar years 2011 and 2012, the commission is not required to assess penalties if the affected utility can demonstrate it made a good faith effort to comply with the portfolio standards requirement. The commission shall exempt an affected utility from administrative penalties for an individual compliance year if the utility demonstrates that the retail rate impact described in section 5, and amendments thereto, has been reached or exceeded and theutility has not achieved full compliance with section 3, and amendments thereto. In imposing penalties, the commission shall havediscretion to consider mitigating circumstances. Under no circumstances shall the costs of administrative penalties be recovered

from Kansas retail customers.(c) The commission shall establish rules and regulations required in this section within 12 months of the effective date of this

act.New Sec. 7. (a) The commission shall establish rules and regulations for the administration of a certification process for use of renewable energy resources described in subsection (f)(11) of section 2, and amendments thereto, for purposes of fulfilling the requirements of section 3, and amendments thereto. Criteria for the certification process shall be determined by factors that include, but are not limited to: Fuel type, technology and the environmental impacts of renewable energy resources described in subsection(f)(11) of section 2, and amendments thereto. Use of renewable energy resources described in subsection (f)(11) of section 2, and amendments thereto, shall not cause undue or adverse air, water or land use impacts.(b) The commission shall establish rules and regulations required in this section within 12 months of the effective date of this

act. New Sec. 8. Sections 8 through 16, and amendments thereto, shall be known and may be cited as the net metering and easy

connection act. New Sec. 9. As used in the net metering and easy connection

act: (a) ‘‘Commission’’ means the state corporation commission. (b) ‘‘Customer-generator’’ means the owner or operator of a net metered facility which: (1) Is powered by a renewable energy resource;(2) is located on a premises owned, operated, leased or otherwise controlled by the customer-generator;(3) is interconnected and operates in parallel phase and synchronization with an affected utility and is in compliance with the standards established by the affected utility;(4) is intended primarily to offset part or all of the customergenerator’s own electrical energy requirements;(5) contains a mechanism, approved by the utility, that automatically disables the unit and interrupts the flow of electricity back onto the supplier’s electricity lines in the event that service to the customer-generator is interrupted. (c) ‘‘Peak demand’’ shall have the meaning ascribed thereto in section 2, and amendments thereto.(d) ‘‘Renewable energy resources’’ shall have the meaning ascribed thereto in section 2, and amendments thereto. (e) ‘‘Utility’’ means investor-owned electric utility. New Sec. 10. Each utility shall: (a) Make net metering available to customer-generators on afirst-come, first-served basis, until the total rated generating capacity of all net metered systems equals or exceeds one percent ofthe utility’s peak demand during the previous year. The commission may increase the total rated generating capacity of all net metered systems to an amount above one percent after conducting a hearing pursuant to K.S.A. 66-101d, and amendments thereto ; (b) offer to the customer-generator a tariff or contract that is identical in electrical energy rates, rate structure and monthlycharges to the contract or tariff that the customer would be assigned if the customer were not an eligible customer-generator and shall not charge the customer-generator any additional standby,capacity, interconnection or other fee or charge that would not otherwise be charged if the customer were not an eligible customergenerator;(c) provide a residential class bidirectional meter to the customer-generator at no charge, but may charge the customer-g enerator for the cost of any additional metering or distribution equipment necessary to accommodate the customer-generator’s facility;

and(d) disclose annually the availability of the net metering program to each of its customers with the method and manner of disclosure being at the discretion of the utility.New Sec. 11. (a) If the electricity supplied by the utility exceeds the electricity generated by the customer-generator during a billing period, the customer-generator shall be billed for the netelectricity supplied by the utility in accordance with normal practices for customers in the same rate class. (b) If a customer-generator generates electricity in excess of thecustomer-generator’s monthly consumption, all such net excess energy (NEG), expressed in kilowatt-hours, shall be carried forward from month-to-month and credited at a ratio of one-to-one againstthe customer-generator’s energy consumption, expressed in kilowatt-hours, in subsequent months.

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(c) Any net excess generation credit remaining in a net-metering customer’s account at the end of each calendar year shall expire. New Sec. 12. Each utility shall allow:(a) Residential customer-generators to generate electricity subject to net metering up to 25 kilowatts; and(b) commercial, industrial, school, local government, state government, federal government, agricultural and institutional customer-generators to generate electricity subject to net metering up

to 200 kilowatts. Customer-generators shall appropriately size their generation to their expected load. New Sec. 13. (a) Net metered facilities must meet all applicablesafety, performance, interconnection and reliability standards established by the national electrical code, the national electricalsafety code, the institute of electrical and electronics engineers, underwriters laboratories, the federal energy regulatory co mmission and any local governing authorities. A utility may require that a customer-generator’s system contain a switch, circuit breaker, fuse or other easily accessible device or feature located in immediate proximity to the customer-generator’s metering equipment that would allow a utility worker the ability to manually and instantly disconnect the unit from the utility’s electric distributio n system. (b) A utility may not require a customer-generator whose net metering facility meets the standards in subsection (a) to comply with additional safety or performance standards or perform or pay for additional tests or purchase additional liability insurance. A utility shall not be liable directly or indirectly for permitting or continuing to allow an attachment of a net metered facility or for the acts or omissions of the customer-generator that cause loss or injury, including death, to any third party.

New Sec. 14. The commission shall, within 12 months from the effective date of the net metering and easy connection act, establish rules and regulations necessary for the administration of the act,which shall include rules and regulations ensuring that simple contracts are used for interconnection and net metering. For sy stemsless than 25 kilowatts, the application process shall use an all-inone document that includes a simple interconnection request, simple procedures and a brief set of terms and conditions. New Sec. 15. Reasonable costs incurred by a utility under the net metering and easy connection act shall be recoverable in the utility’s rate structure.New Sec. 16. The estimated generating capacity of all net metered facilities operating under the provisions of this act shall count toward the affected utility’s compliance with the renewable energy standards act in sections 1 through 7, and amendments theret o.New Sec. 17. As used in sections 17 through 21, and amendments thereto:(a) ‘‘ASHRAE’’ means American society of heating, refrigerating and air-conditioning engineers, inc. standard 90.1-2007. (b) ‘‘Energy star’’ means the joint program of the United Statesenvironmental protection agency and the United States department of energy which labels certain products that meet energy efficiency standards adopted for such products. (c) ‘‘IECC’’ means the 2006 international energy conservation

code. (d) ‘‘New construction’’ means any building or structure whichis constructed by the state or any agency of the state and the construction of which commences on or after July 1, 2010.

New Sec. 18. Within 18 months after the effective date of thisact, the secretary of administration shall adopt rules and regulations for state agencies for the purchase of products and equipment, including, but not limited to, appliances, lighting fixtures and bulbs, and computers, which meet energy efficiency guidelines which are not less than the guidelines adopted for such products to qualify as an energy star product if the projected cost savings for the useful life of such products and equipment is equal to orgreater than the additional cost compared to functionally equivalent products and equipment of lower efficiency. New Sec. 19. (a) The secretary of administration shall adopt rules and regulations, within 18 months of the effective date of this act, for state agencies for the conduct of an energy audit at least every five years on all state-owned real property. On or before the first day of the 2010 regular session of the legislature and on or before the first day of each ensuing regular session of the legislature, the secretary of administration shall submit a written report to the joint committee on state building construction, the house committee on energy and utilities and the senate committee o nutilities, or their successors, and an electronic copy to the legislature, identifying state-owned real property locations in which an excessive amount of energy is being used in accordance with rules and regulations adopted, within 18 months after the effective date of this act, by the secretary of administration concerning energy efficiency performance standards for state-owned real pro perty. (b) The secretary of administration shall not approve a new lease or a renewal or extension of an existing lease of non-state owned real property unless the lessor has submitted an energy audit for such real property that is the subject of such lease. Within18 months after the effective date of this act, the secretary of administration shall adopt rules and regulations establishing energy efficiency performance standards which shall apply to leased space and improvements which the lessor shall be required to address based on such energy audit. New Sec. 20. Within the limitations of appropriations there for, the energy programs division of the state corporation commi ssion shall develop and increase the participation of school districts and local governments in the facilities conservation improvem ents program pursuant to K.S.A. 75-37,125, and amendments thereto.

New Sec. 21. Within 18 months after the effective date of thisact, the secretary of administration shall adopt rules and regulations prescribing energy efficiency performance standards requiring that all new construction and, to the extent possible, re novatedstate-owned buildings, be designed and constructed to achieve energy consumption levels that meet the levels established under the ASHRAE standard or the IECC, as appropriate, if such levels of energy consumption are life-cycle cost-effective for such buildingsand also recommend that new and, to the extent possible, renovated school and municipal buildings meet the same requirements. Sec. 22. K.S.A. 2008 Supp. 66-1,184 is hereby amended to read as follows: 66-1,184. (a) Except as provided in subsection (b), every public utility which provides retail electric services in this state shall enter into a contract for parallel generation service with any person who is a customer of such utility, upon request of such customer, whereby such customer may attach or connect to the utility’s delivery and metering system an apparatus or device for the purpose of feeding excess electrical power which is generatedby such customer’s energy producing system into the utility’s system. No such apparatus or device shall either cause damage to the public utility’s system or equipment or present an undue hazard to utility personnel. Every such contract shall include, but need notbe limited to, provisions relating to fair and equitable compensation on such customer’s monthly bill for energy supplied to the utility by such customer. (b) (1) For purposes of this subsection: (A) ‘‘Utility’’ means an electric public utility, as defined byK.S.A. 66-101a, and amendments thereto, any cooperative, as defined by K.S.A. 17-4603, and amendments thereto, or a nonstock member-owned electric cooperative corporation incorpora ted in this state, or a municipally owned or operated electric utility; (B) ‘‘school’’ means Cloud county community college and Dodge City community college. (2) Every utility which provides retail electric services in this state shall enter into a contract for parallel generation service with any person who is a customer of such utility, if such customer is a residential customer of the utility and owns a renewable generator with a capacity of 25 kilowatts or less, or is a commercial cust omer of the utility and owns a renewable generator with a capacity of 200 kilowatts or less or is a school and owns a renewable generator with a capacity of 1.5 megawatts or less. Such generator shall be appropriately sized for such customer’s anticipated electric load. A commercial customer who uses the operation of a renewable generator in connection with irrigation pumps shall not request more than 10 irrigation pumps connected to renewable generators be attached or connected to the utility’s system. At the customer’sdelivery point on the customer’s side of the retail meter such customer may attach or connect to the utility’s delivery and metering system an apparatus or device for the purpose of feeding excesselectrical power which is generated by such customer’s energy producing system into the utility’s system. No such apparatus or de-q Kansas Secretary of State 2009 

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vice shall either cause damage to the utility’s system or equipmentor present an undue hazard to utility personnel. Every such contract shall include, but need not be limited to, provisions relatingto fair and equitable compensation for energy supplied to the utility by such customer. Such compensation shall be not less than 100% of the utility’s monthly system average cost of energy per kilowatt hour except that in the case of renewable generators with a capacity of 200 kilowatts or less, such compensation shall be notless than 150% of the utility’s monthly system average cost of energy per kilowatt hour. A utility may credit such compensation to the customer’s account or pay such compensation to the customer at least annually or when the total compensation due equals $25

or more. (3) A customer-generator of any investor owned utility shall have theoption of entering into a contract pursuant to this subsection (b) or utilizing the net metering and easy connection act. The customer -generator shall exercise the option in writing, filed with the utility. (c) The following terms and conditions shall apply to contracts entered into under subsection (a) or (b):(1) The utility will supply, own, and maintain all necessary meters and associated equipment utilized for billing. In addition, and for the purposes of monitoring customer generation and load, theutility may install at its expense, load research metering. The customer shall supply, at no expense to the utility, a suitable location for meters and associated equipment used for billing and for load research; (2) for the purposes of insuring the safety and quality of utilitysystem power, the utility shall have the right to require the customer, at certain times and as electrical operating conditions warrant, to limit the production of electrical energy from the generating facility to an amount no greater than the load at the customer’s facility of which the generating facility is a part; (3) the customer shall furnish, install, operate, and maintain in good order and repair and without cost to the utility, such relays,locks and seals, breakers, automatic synchronizer, and other control and protective apparatus as shall be designated by the utility as being required as suitable for the operation of the generator in parallel with the utility’s system. In any case where the customer and the utility cannot agree to terms and conditions of any such contract, the state corporation commission shall establish the terms and conditions for such contract. In addition, the utility may install, own, and maintain a disconnecting device located near the electric

meter or meters. Interconnection facilities between the customer’s and the utility’s equipment shall be accessible at all reasonable times to utility personnel. Upon notification by the customer of the customer’s intent to construct and install parallel generation, the utility shall provide the customer a written estimate of all costs that will be incurred by the utility and billed to the customer to accommodate the interconnection. The customer may be required to reimburse the utility for any equipment or facilities required as a result of the installation by the customer of generation in parallel with the utility’s service. The customer shall notify the utility prior to the initial energizing and start-up testing of the customer-ownedgenerator, and the utility shall have the right to have a representative present at such test; (4) the utility may require a special agreement for conditions related to technical and safety aspects of parallel generation; and(5) the utility may limit the number and size of renewable generators to be connected to the utility’s system due to the capacity of the distribution line to which such renewable generator wouldbe connected, and in no case shall the utility be obligated to purchase an amount greater than 4% of such utility’s peak power requirements. (d) Service under any contract entered into under subsection (a) or (b) shall be subject to either the utility’s rules and regulations on file with the state corporation commission, which shall includea standard interconnection process and requirements for such utility’s system, or the current federal energy regulatory commission interconnection procedures and regulations. (e) In any case where the owner of the renewable generator and the utility cannot agree to terms and conditions of any contract provided for by this section, the state corporation commission shall

establish the terms and conditions for such contract. (f) The governing body of any school desiring to proceed unde rthis section shall, prior to taking any action permitted by this section, make a finding that either: (1) Net energy cost savings will accrue to the school from such renewable generation over a 20-year period; or (2) that such renewable generation is a science project being conducted for educational purposes and that such project may not recoup the expenses of the project through energy cost savings. Any school proceeding under this section may contract or enter into a finance, pledge, loan or lease-purchase agreement with the Kansas development finance authority as a means of financing the cost of such renewable generation. (g) For the purpose of meeting the governor’s stated goal of producing 10% of the state’s electricity by wind power by 2010 and 20% by 2020, requirements of section 3, and amendments thereto, the parallel generation of electricity provided for in this section shall be included as part of the state’s renewable energy generation by wind power

. (h) The provisions of the net metering and easy connection act shallnot preclude the state corporation commission from approving net metering tariffs upon request of an electric utility for other methods of renewablegeneration not prescribed in subsection (b)(1) of section 9, and amendments thereto. Sec. 23. K.S.A. 2008 Supp. 65-3005 is hereby amended to read

as follows: 65-3005. (a) The secretary shall have the power to: (a) (1) Adopt, amend and repeal rules and regulations implementing and consistent with this act. (b) (2) Hold hearings relating to any aspect of or matter in the administration of this act concerning air quality control, and in connection therewith, compel the attendance of witnesses and the production of evidence. (c) (3) Issue such orders, permits and approvals as may be necessary to effectuate the purposes of this act and enforce the same by all appropriate administrative and judicial proceeding s. (d) (4) Require access to records relating to emissions which cause or contribute to air pollution. (e) (5) Prepare and develop a comprehensive plan or plans for the prevention, abatement and control of air pollution originating in Kansas that affects air quality in Kansas or in other states or

both. (f) (6) Adopt rules and regulations governing such public notification and comment procedures as authorized by this act. (g) (7) Encourage voluntary cooperation by persons or affected groups to achieve the purposes of this act. (h) (1) (8) (A) Encourage local units of government to handle air pollution problems within their respective jurisdictions and on a cooperative basis; (2) (B) provide technical and consultative assistance therefor; and (3) (C) enter into agreements with local units of government to administer all or part of the provisions of the Kansas air quality act in the units’ respective jurisdictions. (i) (9) Encourage and conduct studies, investigations and research relating to air contamination and air pollution and their causes, effects, prevention, abatement and control. (j) (10) Encourage air contaminant emission sources to voluntarily implement strategies, including the development and use of innovative technologies, market-based principles and other private initiatives to reduce or prevent pollution. (k) (11) Determine by means of field studies and sampling the degree of air contamination and air pollution in the state and the several parts thereof. (l) (12) Establish ambient air quality standards for the state as a whole or for any part thereof. (m) (13) Collect and disseminate information and conduct educational and training programs relating to air contamination and air pollution. (n) (14) Advise, consult and cooperate with other agencies of the state, local governments, industries, other states, interstate orinterlocal agencies, and the federal government, and with interested persons or groups. (o) (15) Accept, receive and administer grants or other fundsor gifts from public and private entities, including the federal government, for the purpose of carrying out any of the functions ofthis act. Such funds received by the secretary pursuant to this section shall be deposited in the state treasury to the account of the department of health and environment. (p) (16) Enter into contracts and agreements with other state agencies or subdivisions, local governments, other states, interstate

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agencies, the federal government or its agencies or private entities as is necessary to accomplish the purposes of the Kansas air quality

act. (q) (17) Conduct or participate in intrastate or interstate emissions trading programs or other programs that demonstrate equivalent air quality benefits for the prevention, abatement and control of air pollution in Kansas or in other states or both. (r) (18) Prepare and adopt a regional haze plan as may be necessary to prevent, abate and control air pollution originating in Kansas that affects air quality in Kansas or in other states or both. Any regional haze plan prepared by the secretary shall be no more stringent than is required by 42 U.S.C. 7491. (s) (19) Participate in the activities of any visibility transport commission established under 42 U.S.C. 7492. The secretary shall report to the governor and the legislature on the activities of any such visibility transport commission annually. (b) It is a policy of the state to regulate the air quality of the state and implement laws and regulations that are applied equally and uniformly throughout the state and consistent with those of the federa l government. (1) The secretary shall have the authority to promulgate rules and regulations to establish standards to ensure that the state is in compliance with the provisions of the federal clean air act, as amended (42 U.S.C. section 7401 et seq.). The standards so established shall not be any more stringent, restrictive or expansive than those required under the federal clean air act, as amended, nor shall the rules and regulations be enforced in any area of the state prior to the time required by the federal clean airact. If the secretary determines that more stringent, restrictive or expansive rules and regulations are necessary, the secretary may implement the rules and regulations only after approval by an act of the leg islature. The restrictions of this subsection shall not apply to the parts of the state implementation plan developed by the secretary to bring a nonattainment area into compliance when needed to have a United States envi ronmental protection agency approved state implementation plan. (2) For any application for a permit required by federal or state law, the secretary shall not deny or delay the issuance of such permit when the requirements of this act have been met. Sec. 24. K.S.A. 2008 Supp. 65-3008a is hereby amended to readas follows: 65-3008a. (a) No permit shall be issued, modified, renewed or reopened without first providing the public an opportunity to comment and request a public hearing on the proposed permit action. The request for a public hearing on the issuan ce of a permit shall set forth the basis for the request and a public hearing shall be held if, in the judgment of the secretary, there is sufficient

reason. (b) The secretary shall affirm, modify or reverse the decision on such permit after the public comment period or public hearing

, and shall affirm the issuance of any permit the terms and conditions of which comply with all requirements established by rules and regulations promulgated pursuant to the Kansas air quality act . Any person who participated in the public comment process or the public hearing who otherwise would have standing under K.S.A. 77-611, and amendments thereto, shall have standing to obtain judicial review of the secretary’s final action on the permit pursuant to the act for judicial review and civil enforcement of agency actions in the court of appeals. Any such person other than the applicant for or holderof the permit shall not be required to have exhausted administrative remedies in order to be entitled to review. The court of appeals shall have original jurisdiction to review any such final agency action. The record before the court of appeals shall be confined tothe agency record for judicial review and consist of the documentation submitted to or developed by the secretary in making thefinal permit decision, including the permit application and any addenda or amendments thereto, the permit summary, the draft permit, all written comments properly submitted to the secretary, alltestimony presented at any public hearing held on the permit application, all responses by the applicant or permit holder to any written comments or testimony, the secretary’s response to the public comments and testimony and the final permit.(c) When determined appropriate by the secretary, the procedures set out in subsection (a) may be required prior to the issuance, modification, renewal or reopening of an approval. Sec. 25. K.S.A. 65-3012 is hereby amended to read as follows: 65-3012. (a) Notwithstanding any other provision of this act, the secretary may take such action as may be necessary to protect the health of persons or the environment: (1) Upon receipt of information evidence that the emission of emissions from an air pollution source or combination of air pollution sources presents a : (1) An imminent and substantial endangerment to the public health of persons or welfare or to the environment; or (2) for an imminent or actual violation of this act, any rules and regulations adopted under thisact, any orders issued under this act or any permit conditions required by this act, the secretary may issue a temporary order not to exceed seven days in duration, directing the owner or operator, or both, to take such steps as necessary to prevent the act or eliminate the practice

.(b) The action the secretary may take under subsection (a) includes but is not limited to: (1) Issuing an order directing the owner or operator, or both, to take such steps as necessary to prevent the act or eliminate the practice. Such order may include, with respect to a facility or site, temporary cessation of operation. (2) Commencing (b) Upon issuance of the temporary order, the secretary may commence an action in the district court to enjoin acts or practices specified in subsection (a) or requesting request theattorney general or appropriate county or district attorney to commence an action to enjoin those acts or practices. Upon a showing by the secretary that a person has engaged in those acts or practices, a permanent or temporary injunction, restraining order or other order may be granted by any court of competent jurisdiction.(c) The secretary may bring suit in any court of competent jurisdiction to immediately restrain the acts or practices specified in subsection (a). An action for injunction under this subsection shall have precedence over other cases in respect to order of trial. (3) Applying to the district court in the county in which an order of the secretary under subsection (b)(1) will take effect, in whole or in part, for an order of that court directing complia nce with the order of the secretary. Failure to obey the court order shallbe punishable as contempt of the court issuing the order. The application under this subsection for a court order shall have precedence over other cases in respect to order of trial. (c) In any civil action brought pursuant to this section in which a temporary restraining order or preliminary injunction is sought,it shall not be necessary to allege or prove at any stage of the proceeding that irreparable damage will occur should the temporary restraining order or preliminary injunction not be issued or that the remedy at law is inadequate, and the temporary restraining order or preliminary injunction shall issue without such allegations and without such proof. (d) Any order of the secretary pursuant to subsection (b)(1) issubject to hearing and review in accordance with the Kansas administrative procedure act.(d) The owner or operator, or both, aggrieved by an order of the secretary issued pursuant to this section shall be immediately entitled to judicial review of such agency action by filing a petition for judicial review in district court. The aggrieved party shall not be required to exhaust administrative remedies. A petition for review under this subsection shall have precedence over other cases in respect to order of trial. Sec. 26. K.S.A. 66-104d is hereby amended to read as follows:66-104d. (a) As used in this section, ‘‘cooperative’’ means any cooperative, as defined by K.S.A. 17-4603, and amendments thereto, which has fewer than 15,000 customers and which provides power principally at retail corporation organized under the electric cooperative act, K.S.A. 17-4601 et seq., and amendments thereto, or which becomes subject to the electric cooperative act in the manner therein provided; or any limited liability company or corporation providing electric service at wholesale in the state of Kansas that is owned by four or more electriccooperatives that provide retail service in the state of Kansas; or any member-owned corporation formed prior to 2004

.(b) Except as otherwise provided in subsection (f), a cooperative may elect to be exempt from the jurisdiction, regulation, supervision and control of the state corporation commission by complying with the provisions of subsection (c). (c) To be exempt under subsection (b), a cooperative shall poll

its members as follows: (1) An election under this subsection may be called by the board of trustees or shall be called not less than 180 days afterreceipt of a valid petition signed by not less than 10% of the members of the cooperative. (2) The proposition for deregulation shall be presented to a meeting of the members, the notice of which shall set forth the proposition for deregulation and the time and place of the meeting.q Kansas Secretary of State 2009 

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Notice to the members shall be written and delivered not less than 21 nor more than 45 days before the date of the meeting.(3) If the cooperative mails information to its members regarding the proposition for deregulation other than notice of the election and the ballot, the cooperative shall also include in such mailing any information in opposition to the proposition that is submitted by petition signed by not less than 1% of the cooper ative’s members. All expenses incidental to mailing the additional information, including any additional postage required to mail such additional information, must be paid by the signatories to the petition.(4) If the proposition for deregulation is approved by the affirmative vote of not less than a majority of the members voting on the proposition, the cooperative shall notify the state corporation commission in writing of the results within 10 days after the date

of the election. (5) Voting on the proposition for deregulation shall be by mail

ballot.(d) A cooperative exempt under this section may elect to terminate its exemption in the same manner as prescribed in subsection (c). (e) An election under subsection (c) or (d) may be held not more often than once every two years. (f) Nothing in this section shall be construed to affect the single certified service territory of a cooperative or the authority of the state corporation commission, as otherwise provided by law, over a cooperative with regard to service territory, ; charges , fees or tariffs for transmission services, ; sales of power for resale, other than sales between a cooperative, as defined in subsection (a), that does not provide retail electric service and an owner of such cooperative; and wire stringing and transmission line siting, pursuant to K.S.A. 66-131, 66-183, 66-1,170 et seq. or 66-1,177 et seq., and amendments thereto. (g) (1) Notwithstanding a cooperative’s election to be exempt under this section, the commission shall investigate all rates, joint rates, tolls, charges and exactions, classifications and schedules of rates of such cooperative if there is filed with the commission, not more than one year after a change in such cooperative’s rates, joint rates, tolls, charges and exactions, classifications or schedules of rates, a petition in the case of a retail distribution cooperative signed by not less than 5% of all the cooperative’s customers or 3% of the cooperative’s customers from any one rate class , or, in the case of ageneration and transmission cooperative, not less than 20% of the generation and transmission cooperative’s members or 5% of the aggregate retail customers of such members . If, after investigation, the commission finds that such rates, joint rates, tolls, charges or exactions,classifications or schedules of rates are unjust, unreasonable, unjustly discriminatory or unduly preferential, the commission shall have the power to fix and order substituted therefor such rates, joint rates, tolls, charges and exactions, classifications or schedules of rates as are just and reasonable.(2) The cooperative’s rates, joint rates, tolls, charges and exactions, classifications or schedules of rates complained of shall remain in effect subject to change or refund pending the state corporation commission’s investigation and final order.(3) Any customer of a cooperative wishing to petition the commission pursuant to subsection (g)(1) may request from the cooperative the names, addresses and rate classifications of all the cooperative’s customers or of the cooperative’s customers from anyone or more rate classes. The cooperative, within 21 days after receipt of the request, shall furnish to the customer the requestednames, addresses and rate classifications and may require the customer to pay the reasonable costs thereof. (h) (1) If a cooperative is exempt under this section, not less than 10 days’ notice of the time and place of any meeting of the board of trustees at which rate changes are to be discussed and voted on shall be given to all members of the cooperative and such meeting shall be open to all members.(2) Violations of subsection (h)(1) shall be subject to civil penalties and enforcement in the same manner as provided by K.S.A. 75-4320 and 75-4320a, and amendments thereto, for violations of K.S.A. 75-4317 et seq. and amendments thereto.(i) (1) Any cooperative exempt under this section shall maintain a schedule of rates and charges at the cooperative headquartersand shall make copies of such schedule of rates and charges available to the general public during regular business hours. (2) Any cooperative which fails, neglects or refuses to maintain such copies of schedule of rates and charges under this subsection shall be subject to a civil penalty of not more than $500. (j) A cooperative that has elected to be exempt under the provisions of subsection (b) shall include a provision in its notice to customers, eitherbefore or after a rate change, of the customer’s right to request the commission to review the rate change, as allowed in subsection ( g).(k) Notwithstanding any provision of law to the contrary, a cooperative, as defined in subsection (a), shall be subject to the provisions of the renewable energy standards act.

New Sec. 27. Within 18 months after the effective date of thisact, the secretary of administration shall adopt rules and regulations that require that the average fuel economy standard for stateowned motor vehicles purchased during fiscal year 2011 shall not be less than 10% higher than the average fuel economy standard of state-owned motor vehicles purchased during fiscal year 2008, if such higher average fuel economy standards are life-cycle cost effective for such motor vehicles purchased during fiscal year 2011. The head of each state agency shall provide information to and cooperate with the secretary of administration for the purposes of implementing and administering this section and the rules and regulations adopted by the secretary of administration.New Sec. 28. (a) The joint committee on energy and environmental policy established pursuant to K.S.A. 2008 Supp. 46-3701,and amendments thereto, in addition to the provisions of subsection (j) of K.S.A. 2008 Supp. 46-3701, and amendments thereto, shall include recommendations concerning the use of moneys received by the state pursuant to the American recovery and reinvestment act of 2009, (U.S.C. 12501) for energy efficiency and conser vation block grants, state energy programs, the weatherization assistance program and the alternative fueled vehicles pilot grant program in such joint committee’s report to the 2010 and 2011 legislature. (b) The provisions of this section shall expire on January 1,

2011. Sec. 29. K.S.A. 2008 Supp. 74-99d07 is hereby amended to read as follows: 74-99d07. (a) Except as otherwise provided by this act, the authority shall have all the powers necessary to carry out the purposes and provisions of this act, including, without limitation: (1) Having the duties, privileges, immunities, rights, liabilities and disabilities of a body corporate and a political instrumentality of the state; (2) having perpetual existence and succession; (3) adopting, having and using a seal and altering the same at its pleasure; (4) suing and being sued in its own name;(5) adopting bylaws for the regulation of its affairs and the conduct of its business; (6) adopting such rules and regulations as the authority deems necessary for the conduct of the business of the authority; (7) employing consulting engineers, attorneys, accountants, construction and financial experts, superintendents, managers and such other employees and agents as the authority deems necessary and fixing the compensation thereof;(8) making and executing all contracts and agreements necessary or incidental to the performance of the authority’s duties and the execution of the authority’s powers under this act; (9) receiving and accepting from any federal agency grants, or any other form of assistance, for or in aid of the planning, financing,construction, development, acquisition or ownership of any property, structures, equipment, facilities and works of public improvement necessary or useful for the accomplishment of the purposes for which the authority was created and receiving and accepting aid or contributions from any source of either money, property, labor or other things of value, to be held, used and applied only for the purposes for which such grants and contributions may be made; (10) borrowing funds to carry out the purposes of the authority and mortgaging and pledging any lease or leases granted, assigned or subleased by the authority;(11) purchasing, leasing, trading, exchanging or otherwise acquiring, maintaining, holding, improving, mortgaging, selling, leasing and disposing of personal property, whether tangible orintangible, and any interest therein; and purchasing, leasing, trading, exchanging or otherwise acquiring real property or any inter-

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est therein, and maintaining, holding, improving, mortgagi ng, leasing and otherwise transferring such real property, so long as such transactions do not conflict with the mission of the authority as specified in this act;(12) as provided by K.S.A. 2008 Supp. 74-99d09, and amendments thereto, incurring or assuming indebtedness and entering into contracts with the Kansas development finance authority, which is authorized to borrow money, issue bonds and providefinancing for: (A) The construction, upgrading or repair of transmission facilities of the Kansas electric transmission authority or the acquisition of right-of-way for such facilities, or both, and any such bonds shall be payable from and be secured by the pledge of revenues derived from the operation of such electric transmissionfacilities; or (B) making loans to finance the construction, upgrading or repair of transmission facilities not owned by the Kansas electric transmission authority or the acquisition of right-of-wayfor such facilities, or both, upon such terms and conditions as required by the authority, including a requirement that any entity receiving a loan under this act shall maintain records and accountsrelating to receipt and disbursements of loan proceeds, transportation costs and information on energy sales and deliveries and make the records available to the authority for inspection, and any such bonds shall be payable from and be secured by the pledge of revenues derived from the operation of such electric transmission facilities; (13) depositing any moneys of the authority in any bankinginstitution 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, to give surety bonds in such amounts in form and for such purposes as the board requires; (14) recovering its costs through tariffs of the southwest p ower pool regional transmission organization, or its successor, and, if all costs are not recovered through such tariffs, through assessments against all electric public utilities, electric municipal utilities and electric cooperative utilities receiving benefits of the construction or upgrade and having retail customers in this state. Each suchutility’s assessment shall be based on the benefits the utility receives from the construction or upgrade, as determined by the statecorporation commission upon application by the authority. In determining allocation of benefits and costs to utilities, the commission may take into account funding and cost recovery mechanisms developed by regional transmission organizations and shall takeinto account financial payments by transmission users and approved by the federal energy regulatory commission or regional transmission organization. Each electric public utility shall recover any such assessed costs from the utility’s customers in a mannerapproved by the commission and each electric municipal or cooperative utility shall recover such assessed costs from the utility’s customers in a manner approved by the utility’s governing body;(15) participating in and coordinating with the planning activities of the southwest power pool regional transmission organization, or its successor, and adjoining regional transmissio n organizations, or their successors; and(16) participating in and coordinating with the planning activities of the southwest power pool regional reliability orga nization, or its successor, and adjoining regional reliability organizations, or

their successors. ; and (17) establish and charge reasonable fees, rates, tariffs or other charges, unless costs are recoverable under paragraph (14), for the use of all facilities owned, financed or administered by it and for all services rendered by it, and, if all costs are not recovered under paragraph (14), such costs shall be recovered through assessments against any entity or entities requesting use of facilities owned, financed or administered by the authority or for all requested services provided by the auth ority, or both. (b) On or before the first day of the regular legislative session each year, the authority shall submit to the governor and to thelegislature a written report of the authority’s activities for the preceding fiscal year. Such report shall include the report of any auditconducted pursuant to K.S.A. 2008 Supp. 74-99d10, and amendments thereto, of the preceding fiscal year. (c) The authority shall continue until terminated by law. Nosuch law terminating the authority shall take effect while the authority has bonds, debts or obligations outstanding unless adequate provision has been made for the payment or retirement of such bonds, debts or obligations. Upon dissolution of the authority, all property, funds and assets thereof shall be disposed of as provided by law. Sec. 30. K.S.A. 2008 Supp. 74-99d14 is hereby amended to read as follows: 74-99d14. (a) Subject to the provisions of this act, the authority shall have the power to: (1) Plan, finance, construct, develop, acquire, own, dispose of,contract for maintenance of and contract with electric public utilities, electric cooperative utilities or electric municipal utilities for operation of transmission facilities of the authority and any real or personal property, structures, equipment or facilities necessary oruseful for the accomplishment of the purposes for which the authority was created, including the obtaining of permits and the acquisition of rights of way; and(2) participate in partnerships or joint ventures with individuals, corporations, governmental bodies or agencies, partnerships, associations or other entities to facilitate any activities or programs consistent with the public purpose and intent of this act, including partnerships or joint ventures for the purpose of financing all or any portion of a project pursuant to subsection (a)(2) of K.S.A. 2008 Supp. 74-99d09, and amendments thereto. (b) (1) Except as otherwise provided in this act, the authority shall not exercise any of the rights or powers granted to it in this section, if private entities are performing the acts, are constructingor have constructed the facilities or are providing the services contemplated by the authority and such private entities are willing to

finance and own new infrastructure to meet an identified need and

market. (2) Prior to exercising any rights or powers granted to it in this section, the authority shall publish once in the Kansas register, and once in a newspaper and trade magazine in the area where the facilities or services are contemplated, a notice describing the acts, facilities or services contemplated by the authority and stating that private entities willing and able to perform the acts, finance and own and construct the facilities or provide the services describedin the notice shall have a period of 90 days after the date of publication of the notice in the Kansas register within which to notify the authority of intention and ability to perform the acts, finance and construct the facilities or provide the services described in thenotice. In the absence of notification by a private entity, the authority may proceed to perform the acts, construct the facilities or provide the services originally contemplated. If a private entity has given notice of intention to perform the acts, finance and construct the facilities or provide the services contemplated by the authority,the authority may proceed to perform the acts, construct the facilities or provide the services originally contemplated if the private entity fails to commence performance within 180 days after the date of notification of the authority of its intention. Actions deemedto constitute commencement of performance of the acts, construction of the facilities or provision of the services within the required time shall include, but not be limited to, holding of public meetingson siting of facilities, acquisition of land or commencement of proceedings for condemnation of land, application to acquire any federal, state, local or private permits, certificates or other authorizations or approvals necessary to perform the acts, construct the facilities or provide the services. (3) Notwithstanding commencement of performance of the acts, construction of the facilities or provision of the services by aprivate entity, if the authority is not satisfied with subsequent progress in performance of the acts, construction of the facilities or provision of the services, the authority may again give notice asprovided in subsection (b)(2) with respect to completion of performance of the acts, construction of the facilities or provision ofthe services. In the absence of notification by a private entity willing and able to complete performance of the acts, construction of the facilities or provision of the services, the authority may proceed to complete performance. If a private entity has given notice of intention to complete performance, the authority may proceed to perform the acts, construct the facilities or provide the services if the private entity fails to complete performance within 180 days after the date of notice by the entity. (c) The authority shall not operate or maintain transmission

facilities. (d) The authority shall exercise the rights and powers granted to it in this act only with respect to transmission facilities which the southwest power pool regional transmission organization, orq Kansas Secretary of State 2009 

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its successor, has determined are compatible with plans adopted by such organization and , for electric transmission lines with an operating voltage of 60 kilovolts or more, which have been approved by such organization.New Sec. 31. (a) Any new coal-fired electricity generating facility in Kansas, construction of which commences on or after the effective date of this act, shall purchase Kansas coal for at least 5% of its coal requirements. For the purposes of this section, ‘‘Kansas coal’’ shall have the meaning ascribed thereto in K.S.A. 2008 Supp. 79-32,228, and amendments thereto. (b) The provisions of this section shall apply if the cost of the Kansas coal, including costs of transportation and handling at the new coal-fired electricity generating facility, is: (1) Competitive to the cost of the out-of-state coal supply theowner or operator of the new coal-fired electricity generating facility is using to meet its remaining coal supply requirements; (2) sold on comparable contractual terms and specification; and(3) of an acceptable quality for use in the new coal-fired electricity generating facility. This section shall not apply if the use or purchase of Kansas coal will result in the owner or operator of the new coal-fired electricitygenerating facility violating its air permit or a contractual obligation to which the owner or operator is subject. New Sec. 32. Sections 32 through 39, and amendments thereto, shall be known and may be cited as the compressed air energy storage act. New Sec. 33. As used in the compressed air energy storage act: (a) ‘‘Commission’’ means the state corporation commission.(b) ‘‘Department’’ means the department of health and environment. New Sec. 34. (a) Within 18 months after the effective date ofthis act, the commission shall establish rules and regulations establishing requirements, procedures and standards for the safe and secure injection of compressed air into storage wells, which shall include maintenance of underground storage of compressed air. Such rules and regulations shall include, but not be limited to: (1) Site selection criteria; (2) design and development criteria; (3) operation criteria; (4) casing requirements; (5) monitoring and measurement requirements; (6) safety requirements, including public notification;(7) closure and abandonment requirements, including the financial requirements of subsection (d); and (8) long-term monitoring.(b) The commission may adopt rules and regulations establishing fees for permitting, monitoring and inspecting operators of compressed air energy storage wells and underground storag e.Fees collected by the commission under this section shall be remitted by the commission 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 credit it to the compressed air energy storage fund.(c) The commission or the commission’s duly authorized representative may impose on any holder of a permit issued pursu antto this section such requirements relating to inspecting, monitoring, investigating, recording and reporting as the commission or representative deems necessary to administer the provisions of this section and rules and regulations adopted hereunder.(d) Any company or operator receiving a permit under the provisions of the compressed air energy storage act shall demonstrate annually to the commission evidence, satisfactory to the co mmission, that the permit holder has financial ability to cover the cost of closure of the permitted facility as required by the commission. (e) The commission may enter into contracts for services from consultants and other experts for the purposes of assisting in the drafting of rules and regulations pursuant to this section. (f) Rules and regulations adopted under the compressed air energy storage act shall apply to any compressed air energy storagewell, whether in existence on the effective date of this act or thereafter.

New Sec. 35. Within 18 months after the effective date of thisact, the department shall establish rules and regulations establishing requirements, procedures and standards for the monitoring of air emissions coming from compressed air energy storage wells and storage facilities to ensure the wells and facilities comply with the Kansas air quality act.
New Sec. 36. The commission and the department may enter into a memorandum of understanding concerning implementation of the requirements and responsibilities under the compressed air
energy storage act. New Sec. 37. (a) The commission, upon a finding that a person has violated any provision of section 34, and amendments thereto,or rules and regulations adopted thereunder, may impose a penalty not to exceed $10,000 per violation which shall constitute an economic deterrent to the violation for which it is assessed and, inthe case of a continuing violation, every day such violation continues shall be deemed a separate violation. (b) No penalty shall be imposed pursuant to this section exceptafter an opportunity for hearing upon the written order of the commission to the person who committed the violation. The order shall state the violation and the penalty to be imposed.(c) Whenever the commission or the commission’s duly authorized representative find that the soil or waters of the state are not being protected from pollution resulting from the storage ofcompressed air, the commission or the commission’s duly authorized representative shall issue an order prohibiting such storage. Any person aggrieved by such order may request in writing, within 15 days after service of the order, a hearing on the order. Upon receipt of a timely request, a hearing shall be conducted inaccordance with the provisions of the Kansas administrative procedure act. (d) Any action of the commission pursuant to this section is subject to review in accordance with the act for judicial review and civil enforcement of agency actions.
New Sec. 38. (a) In performing investigations or administrative functions relating to prevention of pollution of the soil or waters of the state, the commission or the commission’s duly authorized representative may enter any property or facility which is subject to the provisions of section 34, and amendments thereto,for the purpose of observing, monitoring, collecting samples, examining records and facilities to determine compliance or noncompliance with state laws and rules and regulations relating to air pollution, water pollution, soil pollution or public health or safety. (b) The representatives of the commission shall have the right of ingress and egress upon any lands to clean up pollution fromthe storage of compressed air over which the commission has jurisdiction pursuant to section 34, and amendments thereto. Suchrepresentatives shall have the power to occupy such land if necessary to investigate and clean up such pollution or to investigateand plug any such compressed air energy storage well. Any representative entering upon any land to investigate and clean up suchpollution or to investigate and plug any such compressed air energy storage well shall not be liable for any damages necessarily resulting therefrom, except damages to growing crops, livestock or improvements on the land. Upon completion of activities on such land, such representative shall restore the premises to the original contour and condition as nearly as practicable.
New Sec. 39. (a) (1) There is hereby established in the state treasury the compressed air energy storage fund. Such fund shallbe administered by the commission in accordance with the provisions of this section for the purpose of administering the provisions of the compressed air energy storage act.(2) The commission shall remit to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, all moneys received by the commission for the purposesof the compressed air energy storage act. Upon receipt of the remittance the state treasurer shall deposit the entire amount in thestate treasury and credit it to the fund. The commission is authorized to receive from any private or governmental source any fundsmade available for the purposes of the compressed air energy storage act. (3) All expenditures from the compressed air energy storage fund shall be made in accordance with appropriation acts and upon warrants of the director of accounts and reports issued pur-

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suant to vouchers approved by the chairperson of the commission or a person designated by the chairperson.(b) The commission is authorized to use moneys from the compressed air energy storage fund to pay the cost of: (1) All activities related to permitting activities, including, but not limited to, development and issuance of permits, complia ncemonitoring, inspections, well closures, underground storage closure, long-term monitoring and enforcement actions; (2) review and witnessing of test procedures;(3) review and witnessing of routine workover or repair procedures; (4) investigation of violations, complaints, pollution and events affecting public health; (5) design and review of remedial action plans;(6) contracting for services needed to supplement the commission’s staff expertise in facility investigations;(7) consultation needed concerning remedial action at a permitted facility; (8) mitigation of adverse environmental impacts; (9) emergency or long-term remedial activities;(10) legal costs, including expert witnesses, incurred in administration of the provisions of the compressed air energy storage act;

and (11) costs of program administration. (c) On or before the 10th of each month, the director of accountsand reports shall transfer from the state general fund to the compressed air energy storage fund interest earnings based on: (1) The average daily balance of moneys in the compressed air energy storage fund for the preceding month; and(2) the net earnings rate of the pooled money investment portfolio for the preceding months. Sec. 40. K.S.A. 55-1,117 is hereby amended to read as follows: 55-1,117. (a) As used in this section, K.S.A. 65-171d and K.S.A. 55- 1,118 through 55-1,122, and amendments thereto: (1) ‘‘Company or operator’’ means any form of legal entity including, but not limited to, a corporation, limited liability company and limited or general partnerships. (2) ‘‘Secretary’’ means the secretary of health and environment. (2) (3) ‘‘Underground porosity storage’’ means the storage of hydrocarbons in underground, porous and permeable geological strata which have been converted to hydrocarbon storage.(b) For the purposes of protecting the health, safety and property of the people of the state, and preventing surface and subsurface water pollution and soil pollution detrimental to public health or to the plant, animal and aquatic life of the state, the secretary of health and environment shall adopt separate and specific rules and regulations establishing requirements, procedures and standards for the following: (1) Salt solution mining;(2) the safe and secure underground storage of liquid petroleum gas and hydrocarbons, other than natural gas in underground porosity storage; and (3) the safe and secure underground storage of natural gas in

bedded salt. (c) Such rules and regulations shall include, but not be limited

to:(1) Site selection criteria; (2) design and development criteria; (3) operation criteria; (4) casing requirements; (5) monitoring and measurement requirements; (6) safety requirements, including public notification;(7) closure and abandonment requirements, including the financial requirements of subsection (f); and (8) long term monitoring.(d) (1) The secretary may adopt rules and regulations establishing fees for the following services: (A) Permitting, monitoring and inspecting salt solution mining
operators;(B) permitting, monitoring and inspecting underground storage of liquid petroleum gas and hydrocarbons, other than natural gas in underground porosity storage; and (C) permitting, monitoring and inspecting underground sto rage of natural gas in bedded salt. (2) The fees collected under this section by the secretary shall be remitted by the secretary 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 subsurface hydrocarbon storage fund. (e) The secretary or the secretary’s duly authorized repres entative may impose on any holder of a permit issued pursuant to this section such requirements relating to inspecting, monitoring,investigating, recording and reporting as the secretary or representative deems necessary to administer the provisions of this section and rules and regulations adopted hereunder.(f) Any company or operator receiving a permit under the provisions of this act shall demonstrate annually to the department of health and environment evidence, satisfactory to the department, that such permit holders have financial ability to cover the cost of closure of such permitted facility as required by the department.(g) The secretary may enter into contracts for services from consultants and other experts for the purposes of assisting in the drafting of rules and regulations pursuant to this section. (h) (1) For a period of two years from July 1, 2001, or until the rules and regulations provided for in paragraph (3) of subsection (a) (b)(3) are adopted, the injection of working natural gas intounderground storage in bedded salt is prohibited, except that cushion gas may be injected into existing underground storage in bedded salt. Natural gas currently stored in such underground storage may be extracted. (2) Any existing underground storage of natural gas in bedded salt shall comply with the rules and regulations adopted under this section prior to the commencement of injection of working na tural gas into such underground storage. (3) Rules and regulations adopted under paragraph (3) of subsection (a) (b)(3) shall be adopted on or before July 1, 2003.(i) No hydrocarbon storage shall be allowed in any underground formation if water within the formation contains less than 5,000 milligrams per liter chlorides. Sec. 41. K.S.A. 19-101a is hereby amended to read as follows: 19-101a. (a) The board of county commissioners may transact all county business and perform all powers of local legislation and administration it deems appropriate, subject only to the following limitations, restrictions or prohibitions: (1) Counties shall be subject to all acts of the legislature which apply uniformly to all counties. (2) Counties may not affect the courts located therein. (3) Counties shall be subject to acts of the legislature pres cribing limits of indebtedness.(4) In the exercise of powers of local legislation and administration authorized under provisions of this section, the home rulepower conferred on cities to determine their local affairs and government shall not be superseded or impaired without the consent of the governing body of each city within a county which may be

affected. (5) Counties may not legislate on social welfare administered under state law enacted pursuant to or in conformity with public law No. 271—74th congress, or amendments thereof.(6) Counties shall be subject to all acts of the legislature concerning elections, election commissioners and officers and their duties as such officers and the election of county officers. (7) Counties shall be subject to the limitations and prohibitions imposed under K.S.A. 12-187 to 12-195, inclusive, and amendments thereto, prescribing limitations upon the levy of retailers’ sales taxes by counties. (8) Counties may not exempt from or effect changes in statutes made nonuniform in application solely by reason of authorizingexceptions for counties having adopted a charter for county government. (9) No county may levy ad valorem taxes under the authorityof this section upon real property located within any redevelopment project area established under the authority of K.S.A. 12-1772, and amendments thereto, unless the resolution authorizing the same specifically authorized a portion of the proceeds of such levy to be used to pay the principal of and interest upon bonds issued by a city under the authority of K.S.A. 12-1774, and amendments

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(10) Counties shall have no power under this section to exempt from any statute authorizing or requiring the levy of taxes and providing substitute and additional provisions on the same subject, unless the resolution authorizing the same specifically provides for a portion of the proceeds of such levy to be used to pay a portion of the principal and interest on bonds issued by cities under the authority of K.S.A. 12-1774, and amendments thereto. (11) Counties may not exempt from or effect changes in the provisions of K.S.A. 19-4601 through 19-4625, and amendments

thereto. (12) Except as otherwise specifically authorized by K.S.A. 12- 1,101 through 12-1,109, and amendments thereto, counties may not levy and collect taxes on incomes from whatever source derive d. (13) Counties may not exempt from or effect changes in K.S.A. 19-430, and amendments thereto. (14) Counties may not exempt from or effect changes in K.S.A. 19-302, 19-502b, 19-503, 19-805 or 19-1202, and amendments

thereto. (15) Counties may not exempt from or effect changes in K.S.A. 19-15,139, 19-15,140 and 19-15,141, and amendments thereto. (16) Counties may not exempt from or effect changes in the provisions of K.S.A. 12-1223, 12-1225, 12-1225a, 12-1225b, 12-1225c and 12-1226, and amendments thereto, or the provisions of K.S.A. 12-1260 through 12-1270 and 12-1276, and amendments theret o. (17) Counties may not exempt from or effect changes in the provisions of K.S.A. 19-211, and amendments thereto. (18) Counties may not exempt from or effect changes in the provisions of K.S.A. 19-4001 through 19-4015, and amendments

thereto. (19) Counties may not regulate the production or drilling ofany oil or gas well in any manner which would result in the duplication of regulation by the state corporation commission and the Kansas department of health and environment pursuant to chapter55 and chapter 65 of the Kansas Statutes Annotated, and amendments thereto, and any rules and regulations adopted pursua nt thereto. Counties may not require any license or permit for thedrilling or production of oil and gas wells. Counties may not impose any fee or charge for the drilling or production of any oil or gas well. (20) Counties may not exempt from or effect changes in K.S.A. 79-41a04, and amendments thereto. (21) Counties may not exempt from or effect changes in K.S.A. 79-1611, and amendments thereto. (22) Counties may not exempt from or effect changes in K.S.A. 79-1494, and amendments thereto.(23) Counties may not exempt from or effect changes in subsection (b) of K.S.A. 19-202, and amendments thereto.(24) Counties may not exempt from or effect changes in subsection (b) of K.S.A. 19-204, and amendments thereto. (25) Counties may not levy or impose an excise, severance orany other tax in the nature of an excise tax upon the physical severance and production of any mineral or other material from the

earth or water. (26) Counties may not exempt from or effect changes in K.S.A. 79-2017 or 79-2101, and amendments thereto. (27) Counties may not exempt from or effect changes in K.S.A. 2-3302, 2-3305, 2-3307, 2-3318, 17-5904, 17-5908, 47-1219, 65-171d, 65-1,178 through 65-1,199, 65-3001 through 65-3028, and amendments thereto. (28) Counties may not exempt from or effect changes in K.S.A. 2008 Supp. 80-121, and amendments thereto. (29) Counties may not exempt from or effect changes in K.S.A. 19-228, and amendments thereto. (30) Counties may not exempt from or effect changes in the wireless enhanced 911 act, in the VoIP enhanced 911 act or in the provisions of K.S.A. 12-5301 through 12-5308, and amendments
thereto. (31) Counties may not exempt from or effect changes in K.S.A. 2008 Supp. 26-601, and amendments thereto. (32) (A) Counties may not exempt from or effect changes in the Kansas liquor control act except as provided by paragraph (B). (B) Counties may adopt resolutions which are not in conflict with the Kansas liquor control act. (33) (A) Counties may not exempt from or effect changes inthe Kansas cereal malt beverage act except as provided by paragraph (B). (B) Counties may adopt resolutions which are not in conflict with the Kansas cereal malt beverage act. (34) Counties may not exempt from or effect changes in the Kansas lottery act. (35) Counties may not exempt from or effect changes in the Kansas expanded lottery act.(36) Counties may neither exempt from nor effect changes to the eminent domain procedure act. (37) Any county granted authority pursuant to the provisions ofK.S.A. 19-5001 through 19-5005, and amendments thereto, shall be subject to the limitations and prohibitions imposed under K.S.A. 19-5001 through 19-5005, and amendments thereto. (38) Except as otherwise specifically authorized by K.S.A. 19-5001 through 19-5005, and amendments thereto, counties may not exercise any authority granted pursuant to K.S.A. 19-5001 through 19-5005, and amendments thereto, including the imposition or levy of any retailers’

sales tax. (b) Counties shall apply the powers of local legislation granted in subsection (a) by resolution of the board of county commiss ioners. If no statutory authority exists for such local legislation otherthan that set forth in subsection (a) and the local legislation proposed under the authority of such subsection is not contrary to any act of the legislature, such local legislation shall become effective upon passage of a resolution of the board and publication in the official county newspaper. If the legislation proposed by the boardunder authority of subsection (a) is contrary to an act of the legislature which is applicable to the particular county but not uniformly applicable to all counties, such legislation shall become effective by passage of a charter resolution in the manner prov ided in K.S.A. 19-101b, and amendments thereto. (c) Any resolution adopted by a county which conflicts with the restrictions in subsection (a) is null and void.New Sec. 42. (a) The secretary shall timely approve a prevention of significant deterioration permit (PSD) to sunflower electric power corporation to be issued consistent with the settlementagreement executed May 4, 2009, by sunflower electric power corporation and the governor of the state of Kansas to resolve all claims or causes of action, or both, pending before various courtsand administrative agencies consistent with article V of the settlement agreement. (b) This section shall be part of and supplemental to the Kansas air quality act.New Sec. 43. The provisions of this act are declared to be severable and if any provision, word, phrase or clause of the act or theapplication thereof to any person shall be held invalid, such invalidity shall not affect the validity of the remaining portions of

this act.

Sec. 44. K.S.A. 19-101a, 19-101m, 55-1,117, 65-3012 and 66-104d and K.S.A. 2008 Supp. 65-3005, 65-3008a, 66-1,184, 74-99d07 and 74-99d14 are hereby repealed. Sec. 45. On and after July 1, 2009, K.S.A. 19-101a, as amended by section 7 of 2009 Senate Bill No. 336, is hereby repealed.

Sec. 46. This act shall take effect and be in force from and after its publication in the Kansas register.

(Published in the Kansas Register May 28, 2009.)



### SENATE Substitute for Substitute for

HOUSE BILL No. 2365

A N A CT concerning taxation; relating to settlement authority of secretary of revenue, certain assessments; income tax credits, limitations; valuation of land devoted to agricultural use for estate tax purposes; periods of limitation for certain refunds and credits; sales tax exemptions; homestead property tax refunds; amending K.S.A. 2008 Supp. 79-15,253, 79-3230, 79-32,211, 79- 32,258, 79-3606, 79-3609 and 79-4502 and repealing the existing

sections.

Be it enacted by the Legislature of the State of Kansas: New Section 1. In addition to other provisions and authority granted under law, the secretary of revenue shall have the author-

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ity to equitably resolve any assessment resulting from an audit, orany portion of such assessment, that is pending in the administrative appeals process before the secretary or secretary’s designee pursuant to K.S.A. 79-3226 or 79-3610, and amendments thereto, or the state court of tax appeals, or is pending in the judicial review process before any state or federal district or appellate court. Such settlement authority shall include the ability to resolve the amount of tax, penalty or interest due in the settlement agreement. New Sec. 2. (a) For tax years 2009 and 2010, for any tax credit provided under the following: K.S.A. 65-7107, 79-1117, 79-32,176, 79-32,177, 79-32,190 and 79-32,200 and K.S.A. 2008 Supp. 40-2246, 74-50,154, 74-50,173, 74-50,208, 74-8133, 74-8205, 74-99c09, 79- 32,153, 79-32,160a, 79-32,181a, 79-32,182b, 79-32,196, 79-32,197, 79- 32,201, 79-32,202, 79-32,204, 79-32,207, 79-32,211a, 79-32,212, 79- 32,213, 79-32,215, 79-32,218, 79-32,222, 79-32,224, 79-32,229, 79-32,234, 79-32,239, 79-32,242, 79-32,244, 79-32,246, 79-32,252, 79- 32,261 and 79-32,262, and amendments thereto, the total of anysuch credit or credits allowed against the tax imposed by the Kansas income tax act, the premium tax or privilege fees imposed pursuant to K.S.A. 40-252, and amendments thereto, or the privilege tax as measured by net income of financial institutions imposed pursuant to chapter 79, article 11 of the Kansas Statutes Annotated,

shall not exceed the lesser of 90% of the total amount of such credit or credits earned in a current tax year or claimed in a current tax year as a carry forward from a prior tax year, or 90% of the tax ascomputed prior to the allowance of any such credit or credits. Except as otherwise provided by subsections (c) and (d), the amountof such credit or credits that may be carried forward in any succeeding taxable year shall be reduced by an amount equal to the

lesser of 10% of the total amount of such credit or credits earned in a current tax year or claimed in a current tax year as a carry forward from a prior tax year, or 10% of the tax as computed prior to the allowance of any such credits. (b) For tax years 2009 and 2010, for any tax credit provided under K.S.A. 2008 Supp. 79-32,206 and 79-32,210, and amendments thereto, the total amount of any credits refunded or allowed against the tax imposed by the Kansas income tax act, the premium tax or privilege fees imposed pursuant to K.S.A. 40-252, andamendments thereto, or the privilege tax as measured by net income of financial institutions imposed pursuant to chapter 79, article 11 of the Kansas Statutes Annotated, shall not exceed 90% of the total amount of tax credit or credits earned, and the remaining portion of such tax credit or credits shall be lost. (c) For any tax credit or credits earned pursuant to K.S.A. 79- 32,160a, and amendments thereto, other than tax credits earned pursuant to subsection (e) of K.S.A. 79-32,160a, and amendments thereto, in a tax year prior to 2009 and carried forward from such prior tax year and claimed in tax years 2009 or 2010, any reduction in the amount of credit or credits that may be carried forward to any succeeding tax year determined pursuant to subsection (a), may be carried forward to any tax year after 2010, pursuant to the applicable carry-forward period provided in K.S.A. 79-32,160a, and

amendments thereto. (d) For any tax credit earned pursuant to subsection (e) ofK.S.A. 79-32,160a, and amendments thereto, by a taxpayer qualified and certified under the provisions of K.S.A. 74-50,131, andamendments thereto, who has received prior to June 1, 2009, written approval from the secretary of commerce of a certificate of intent to invest in a qualified business facility, any reduction in the amount of credit or credits that may be carried forward to any succeeding tax year determined pursuant to subsection (a), may becarried forward to any tax year after 2010, pursuant to the applicable carry-forward period provided in K.S.A. 79-32,160a, and

amendments thereto.

New Sec. 3. If the decedent was a resident of Kansas, the value of an interest in a legal entity that is not publicly traded, including,but not limited to, a partnership, corporation, limited liability company or limited liability partnership, which at the time of the decedent’s death owns land that is located in Kansas and treated as land devoted to agricultural use for purposes of K.S.A. 79-1476, and amendments thereto, shall be determined by valuing the landat its most recent valuation pursuant to K.S.A. 79-1476, and amendments thereto. The provisions of this section shall apply to the estates of all decedents dying after December 31, 2006, but before January 1, 2010. The provisions of this section shall be part of and supplemental to the Kansas estate tax act. Sec. 4. K.S.A. 2008 Supp. 79-15,253 is hereby amended to read as follows: 79-15,253. On January 1, 2010, the provisions of K.S.A. 2008 Supp. 79-15,201 through 79-15,253, and section 3, and amendments thereto, are hereby repealed. Sec. 5. K.S.A. 2008 Supp. 79-3230 is hereby amended to read as follows: 79-3230. (a) The amount of income taxes imposed by this act shall be assessed within three years after the original return was filed, the tax as shown to be due on the return was paid or within one year after an amended return is filed, whichever is the later date, and no proceedings in court for the collection of suchtaxes shall be begun after the expiration of such period. For purposes of this act any return filed before the 15th day of the fourth month following the close of the taxable year shall be considered as being filed on the 15th day of the fourth month following the close of the taxable year, and any tax shown to be due on the return and paid before the 15th day of the fourth month following the close of the taxable year shall be deemed to have been paid on the 15th day of the fourth month following the close of the taxable

year. (b) 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 at any time.(c) No claim shall be allowed for credit or refund of overpayment of any tax imposed by this act unless filed by the taxpayer within three years from the date the original return was filed due, including any extension allowed pursuant to law, or two years from the date the tax claimed to be refunded or against which the credit is claimed was paid, whichever of such periods expires later, or if no return was filed by the taxpayer, within two years from the date the tax claimed to be refunded or against which the credit isclaimed was paid. Where the assessment of any income tax imposed by this act has been made within the period of limitation properly applicable thereto, such tax may be collected by distraint or by a proceeding in court, but only if begun within one year after the period of limitation as defined in this act

. (d) In case a taxpayer has made claim for a refund, the taxpayer shall have the right to commence a suit for the recovery of the refund at the expiration of six months after the filing of the claim for refund, if no action has been taken by the director of taxation. (e) Before the expiration of time prescribed in this section for the assessment of additional tax or the filing of a claim for a refund, the director of taxation is authorized to enter into an agreement inwriting with the taxpayer consenting to the extension of the periods of limitations as defined in this act 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 uponmay be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. A copy of all such agreements and extensions thereof shall be filed with the director of taxation within 30 days after their execution.(f) Any taxpayer whose income has been adjusted by the federal internal revenue service or by the income tax collection agencyof another state is required to report such adjustments to the Kansas department of revenue by mail within 180 days of the date the federal or other state adjustments are paid, agreed to or become final, whichever is earlier. Such adjustments shall be reported by filing an amended return for the applicable taxable year and a copyof the federal or state revenue agent’s report detailing such adjustments. In the event such taxpayer is a corporation, such report shall be by certified or registered mail. Notwithstanding the provisions of subsection (a) or (c) of this section, additional income taxes may be assessed and procee dings in court for collection of such taxes may be commenced and any refund or credit may be allowed by the director of taxation within 180 days following receipt of any such report of adjustments by the Kansas department of revenue, or within two years from the date the tax claimed to be refunded or, against which the credit is claimed was paid, whichever period expires later. No assessment shall be made nor any refund or credit shall be allowable under the provisions of this paragraph subsection except to the extent the same is attributable to changes in the taxpayer’s income due to adjustments indicated by such report. Failure by the taxpayer to comply with the provisions of this subsection shall not bar the Kansas de-q Kansas Secretary of State 2009 

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partment of revenue from assessing additional taxes or proceeding in court

to collect such taxes. (g) In the event of failure to comply with the provisions of this section, the statute of limitations shall be tolled Failure by the taxpayer to comply with the requirements for filing returns shall toll the periods of limitation for the Kansas department of revenue to assess or

collect taxes

. Sec. 6. K.S.A. 2008 Supp. 79-32,211 is hereby amended to read as follows: 79-32,211. (a) For all taxable years commencing after December 31, 2006, there shall be allowed a tax credit against theincome, privilege or premium tax liability imposed upon a taxpayer pursuant to the Kansas income tax act, the privilege tax imposed upon any national banking association, state bank, trust company or savings and loan association pursuant to article 11 of chapter 79 of the Kansas Statutes Annotated, or the premiums tax and privilege fees imposed upon an insurance company pursuant to K.S.A. 40-252, and amendments thereto, in an amount equal to25% of qualified expenditures incurred in the restoration and preservation of a qualified historic structure pursuant to a qualified rehabilitation plan by a qualified taxpayer if the total amount of such expenditures equal $5,000 or more; or in an amount equal to30% of qualified expenditures incurred in the restoration and preservation of a qualified historic structure which is exempt from federal income taxation pursuant to section 501(c)(3) of the federal internal revenue code and which is not income producing pursu ant to a qualified rehabilitation plan by a qualified taxpayer if the total amount of such expenditures equals $5,000 or more. In no event shall the total amount of credits allowed under this section exceed $3,750,000 for fiscal years 2010 and 2011. If the amount of such taxcredit exceeds the qualified taxpayer’s income, privilege or premium tax liability for the year in which the qualified rehabilitation plan was placed in service, as defined by section 47(b)(1) of the federal internal revenue code and federal regulation section 1.48- 12(f)(2), such excess amount may be carried over for deduction from such taxpayer’s income, privilege or premium tax liability in the next succeeding year or years until the total amount of the credit has been deducted from tax liability, except that no such credit shall be carried over for deduction after the 10th taxable year succeeding the taxable year in which the qualified rehabilitation plan was placed in service. (b) As used in this section, unless the context clearly indicates

otherwise:(1) ‘‘Qualified expenditures’’ means the costs and expenses incurred by a qualified taxpayer in the restoration and preservationof a qualified historic structure pursuant to a qualified rehabilitation plan which are defined as a qualified rehabilitation expenditure by section 47 (c)(2) of the federal internal revenue code; (2) ‘‘qualified historic structure’’ means any building, whether or not income producing, which is defined as a certified historic structure by section 47 (c)(3) of the federal internal revenue code, is individually listed on the register of Kansas historic places, or is located and contributes to a district listed on the register of Kansas historic places;(3) ‘‘qualified rehabilitation plan’’ means a project which is approved by the cultural resources division of the state historical society, or by a local government certified by the division to so approve, as being consistent with the standards for rehabilitation and guidelines for rehabilitation of historic buildings as adopted by the federal secretary of interior and in effect on the effective date of this act. The society shall adopt rules and regulations providing application and approval procedures necessary to effectively and efficiently provide compliance with this act, and may collect fees in order to defray its approval costs in accordance with rules and regulations adopted therefor; and(4) ‘‘qualified taxpayer’’ means the owner of the qualified historic structure or any other person who may qualify for the federal rehabilitation credit allowed by section 47 of the federal internal

revenue code. If the taxpayer is a corporation having an election in effect under subchapter S of the federal internal revenue code, a partnership or a limited liability company, the credit provided by this section shall be claimed by the shareholders of such corporation, the partnersof such partnership or the members of such limited liability company in the same manner as such shareholders, partners or members account for their proportionate shares of the income or loss of the corporation, partnership or limited liability company, or as the corporation, partnership or limited liability company mutually agree as provided in the bylaws or other executed agreement. Credits granted to a partnership, a limited liability company taxed as a partnership or other multiple owners of property shall be passed through to the partners, members or owners respectively pro rata or pursuant to an executed agreement among the partners, members or owners documenting any alternate distribution

method. (c) Any person, hereinafter designated the assignor, may sell, assign, convey or otherwise transfer tax credits allowed and earnedpursuant to subsection (a). The taxpayer acquiring credits, hereinafter designated the assignee, may use the amount of the acquired credits to offset up to 100% of its income, privilege or premiums tax liability for either the taxable year in which the qualified rehabilitation plan was first placed into service or the taxable year in which such acquisition was made. Unused credit amounts claimed by the assignee may be carried forward for up to five years,except that all such amounts shall be claimed within 10 years following the tax year in which the qualified rehabilitation plan was first placed into service. The assignor shall enter into a written agreement with the assignee establishing the terms and conditions of the agreement and shall perfect such transfer by notifying the cultural resources division of the state historical society in writing within 90 calendar days following the effective date of the transfer and shall provide any information as may be required by such division to administer and carry out the provisions of this section. The amount received by the assignor of such tax credit shall be taxable as income of the assignor, and the excess of the value of such credit over the amount paid by the assignee for such credit shall be taxable as income of the assignee. Sec. 7. K.S.A. 2008 Supp. 79-32,258 is hereby amended to read as follows: 79-32,258. (a) Except as otherwise provided, for all taxable years commencing after December 31, 2006, a credit against the tax imposed by the Kansas income tax act shall be allowed for direct production expenditures made by an eligible film productio n company , except that such provisions shall not be applicable for tax years

2009 and 2010 . Such credit shall be in an amount equal to 30% of direct production expenditures made in Kansas that are directly attributable to the production of a film in Kansas and that have been awarded by the department of revenue. The tax credit shall be deducted from the eligible film production company’s income tax liability for the taxable year in which the expenditures are made by the eligible film production company. If the amount of the filmproduction tax credit allowed exceeds the film production company’s income tax liability for the taxable year, the taxpayer may carry over the amount thereof that exceeds such tax liability fordeduction from the taxpayer’s income tax liability in the next succeeding taxable year or years until the total amount of the tax credit has been deducted from tax liability, except that no such tax creditshall be carried over for deduction after the third taxable year succeeding the year in which the costs are incurred. If the eligible film production company is a corporation having an election in effectunder subchapter S of the federal internal revenue code, a partnership or a limited liability entity, the credit provided by this section shall be claimed by the shareholders of such corpora tion, the partners of such partnership or the member of such limited liability entity in the same manner as such shareholder, partners or members account for their proportionate shares of the income or loss of the corporation, partnership or limited liability e ntity. (b) A long-form narrative film production for which the film production tax credit is claimed shall contain an acknowledgment that the production was filmed in Kansas.(c) To be eligible for the film production tax credit, a film production company shall submit to the department of commerce information required by the department to demonstrate conformitywith the requirements of this act. Information supplied shall include expected direct production expenditures to be made in Kansas with respect to the film production for which the film production company is seeking the film production tax credit. The department of commerce may reserve a tax credit amount based upon the expected direct production expenditures. The department of commerce shall determine the eligibility of the company and shall certify this information to the department of revenue in a

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manner and at times the department of commerce and department of revenue shall agree upon. (d) To receive a film production tax credit, a film production company shall apply to the department of revenue on forms and in the manner the department may prescribe. The application shall include a certification of the amount of direct production e xpenditures made in Kansas with respect to the film production for which the film production company is seeking the film production tax credit. The department of revenue may award a film production tax credit based on the application submitted and the amount of tax credit reserved by the department of commerce. Upon approvalof the application and the awarding of the tax credit the department of revenue shall certify to the film production company and the department of commerce the amount of the tax credit awarded. (e) The secretary of commerce and the secretary of revenue are hereby authorized to adopt rules and regulations to implement and administer the provisions of this act. Sec. 8. K.S.A. 2008 Supp. 79-3606 is hereby amended to read as follows: 79-3606. The following shall be exempt from the tax imposed by this act: (a) All sales of motor-vehicle fuel or other articles upon which a sales or excise tax has been paid, not subject to refund, under the laws of this state except cigarettes as defined by K.S.A. 79-3301 and amendments thereto, cereal malt beverages and malt products as defined by K.S.A. 79-3817 and amendments thereto, including wort, liquid malt, malt syrup and malt extract, which is not subjectto taxation under the provisions of K.S.A. 79-41a02 and amendments thereto, motor vehicles taxed pursuant to K.S.A. 79-5117, and amendments thereto, tires taxed pursuant to K.S.A. 65-3424d, and amendments thereto, drycleaning and laundry services t axed pursuant to K.S.A. 65-34,150, and amendments thereto, and grossreceipts from regulated sports contests taxed pursuant to the Kansas professional regulated sports act, and amendments there to; (b) all sales of tangible personal property or service, incl uding the renting and leasing of tangible personal property, purc hased directly by the state of Kansas, a political subdivision thereof, other than a school or educational institution, or purchased by a publicor private nonprofit hospital or public hospital authority or nonprofit blood, tissue or organ bank and used exclusively for state,political subdivision, hospital or public hospital authority or nonprofit blood, tissue or organ bank purposes, except when: (1) Such state, hospital or public hospital authority is engaged or proposes to engage in any business specifically taxable under the pro visions of this act and such items of tangible personal property or serviceare used or proposed to be used in such business, or (2) such political subdivision is engaged or proposes to engage in the business of furnishing gas, electricity or heat to others and such items of personal property or service are used or proposed to be used in such business; (c) all sales of tangible personal property or services, including the renting and leasing of tangible personal property, purc hased directly by a public or private elementary or secondary school orpublic or private nonprofit educational institution and used primarily by such school or institution for nonsectarian programs and activities provided or sponsored by such school or institution or in the erection, repair or enlargement of buildings to be used for suchpurposes. The exemption herein provided shall not apply to erection, construction, repair, enlargement or equipment of buildings used primarily for human habitation; (d) all sales of tangible personal property or services purc hasedby a contractor for the purpose of constructing, equipping, reconstructing, maintaining, repairing, enlarging, furnishing or remodeling facilities for any public or private nonprofit hospital or public hospital authority, public or private elementary or secondary school, a public or private nonprofit educational institution, state correctional institution including a privately construct ed correctional institution contracted for state use and ownership, which would be exempt from taxation under the provisions of this act if purchased directly by such hospital or public hospital authority, school, educational institution or a state correctional institution; and all sales of tangible personal property or services purchasedby a contractor for the purpose of constructing, equipping, reconstructing, maintaining, repairing, enlarging, furnishing or remodeling facilities for any political subdivision of the state or district described in subsection (s), the total cost of which is paid from funds of such political subdivision or district and which would be exempt from taxation under the provisions of this act if purchased directly by such political subdivision or district. Nothing in this subsection or in the provisions of K.S.A. 12-3418 and amendmentsthereto, shall be deemed to exempt the purchase of any construction machinery, equipment or tools used in the constructing, equipping, reconstructing, maintaining, repairing, enlarging, furnishing or remodeling facilities for any political subdivision of the state or any such district. As used in this subsection, K.S.A. 12-3418 and79-3640, and amendments thereto, ‘‘funds of a political subdivision’’ shall mean general tax revenues, the proceeds of any bonds and gifts or grants-in-aid. Gifts shall not mean funds used for thepurpose of constructing, equipping, reconstructing, repairing, enlarging, furnishing or remodeling facilities which are to be leased to the donor. When any political subdivision of the state, district described in subsection (s), public or private nonprofit ho spital orpublic hospital authority, public or private elementary or secondary school, public or private nonprofit educational institution, state correctional institution including a privately construct ed correctional institution contracted for state use and ownership shall contract for the purpose of constructing, equipping, reconstructing,maintaining, repairing, enlarging, furnishing or remodeling facilities, it shall obtain from the state and furnish to the contractor an exemption certificate for the project involved, and the contractormay purchase materials for incorporation in such project. The contractor shall furnish the number of such certificate to all suppliers from whom such purchases are made, and such suppliers shall execute invoices covering the same bearing the number of suchcertificate. Upon completion of the project the contractor shall furnish to the political subdivision, district described in subsection (s),hospital or public hospital authority, school, educational institution or department of corrections concerned a sworn statement, on a form to be provided by the director of taxation, that all purchases so made were entitled to exemption under this subsection. As an alternative to the foregoing procedure, any such contracting entity may apply to the secretary of revenue for agent status for the sole purpose of issuing and furnishing project exemption certificates tocontractors pursuant to rules and regulations adopted by the secretary establishing conditions and standards for the granting andmaintaining of such status. All invoices shall be held by the contractor for a period of five years and shall be subject to audit by the director of taxation. If any materials purchased under such a certificate are found not to have been incorporated in the building or other project or not to have been returned for credit or the sales or compensating tax otherwise imposed upon such materials which will not be so incorporated in the building or other project reported and paid by such contractor to the director of taxation not later than the 20th day of the month following the close of the

month in which it shall be determined that such materials will not be used for the purpose for which such certificate was issued, the political subdivision, district described in subsection (s), hospital or public hospital authority, school, educational institution or thecontractor contracting with the department of corrections for a correctional institution concerned shall be liable for tax on all materials purchased for the project, and upon payment thereof it mayrecover the same from the contractor together with reasonable attorney fees. Any contractor or any agent, employee or subcontractor thereof, who shall use or otherwise dispose of any materials purchased under such a certificate for any purpose other than that for which such a certificate is issued without the payment of the sales or compensating tax otherwise imposed upon such materials, shall be guilty of a misdemeanor and, upon conviction therefor, shall be subject to the penalties provided for in subsection (g) of K.S.A. 79-3615, and amendments thereto; (e) all sales of tangible personal property or services purchased by a contractor for the erection, repair or enlargement of buildingsor other projects for the government of the United States, its agencies or instrumentalities, which would be exempt from taxation if purchased directly by the government of the United States, its agencies or instrumentalities. When the government of the UnitedStates, its agencies or instrumentalities shall contract for the erection, repair, or enlargement of any building or other project, it shall obtain from the state and furnish to the contractor an exemptioncertificate for the project involved, and the contractor may purchase materials for incorporation in such project. The contractorq Kansas Secretary of State 2009 

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shall furnish the number of such certificates to all suppliers from whom such purchases are made, and such suppliers shall execute invoices covering the same bearing the number of such certificate. Upon completion of the project the contractor shall furnish to the government of the United States, its agencies or instrument alities concerned a sworn statement, on a form to be provided by the director of taxation, that all purchases so made were entitled to exemption under this subsection. As an alternative to the foregoing procedure, any such contracting entity may apply to the secretary of revenue for agent status for the sole purpose of issuing and furnishing project exemption certificates to contractors pursuant torules and regulations adopted by the secretary establishing conditions and standards for the granting and maintaining of such status. All invoices shall be held by the contractor for a period of five years and shall be subject to audit by the director of taxation. Any contractor or any agent, employee or subcontractor ther eof, who shall use or otherwise dispose of any materials purchased under such a certificate for any purpose other than that for which such a certificate is issued without the payment of the sales or compensating tax otherwise imposed upon such materials, shall be guilty of a misdemeanor and, upon conviction therefor, shall be subject to the penalties provided for in subsection (g) of K.S.A. 79- 3615 and amendments thereto; (f) tangible personal property purchased by a railroad or public utility for consumption or movement directly and immediately in
interstate commerce; (g) sales of aircraft including remanufactured and modified aircraft sold to persons using directly or through an authorized agent such aircraft as certified or licensed carriers of persons or property in interstate or foreign commerce under authority of the laws of the United States or any foreign government or sold to any foreign government or agency or instrumentality of such foreign government and all sales of aircraft for use outside of the United States and sales of aircraft repair, modification and replacementparts and sales of services employed in the remanufacture, modification and repair of aircraft; (h) all rentals of nonsectarian textbooks by public or private elementary or secondary schools; (i) the lease or rental of all films, records, tapes, or any type of sound or picture transcriptions used by motion picture exhibitors; (j) meals served without charge or food used in the preparation of such meals to employees of any restaurant, eating house, diningcar, hotel, drugstore or other place where meals or drinks are regularly sold to the public if such employees’ duties are related to the furnishing or sale of such meals or drinks; (k) any motor vehicle, semitrailer or pole trailer, as such terms are defined by K.S.A. 8-126 and amendments thereto, or aircraft

sold and delivered in this state to a bona fide resident of another state, which motor vehicle, semitrailer, pole trailer or aircraft is not to be registered or based in this state and which vehicle, semitrailer, pole trailer or aircraft will not remain in this state more than 10 days; (l) all isolated or occasional sales of tangible personal pr operty, services, substances or things, except isolated or occasional sale ofmotor vehicles specifically taxed under the provisions of subsection (o) of K.S.A. 79-3603 and amendments thereto; (m) all sales of tangible personal property which become aningredient or component part of tangible personal property or services produced, manufactured or compounded for ultimate sale at retail within or without the state of Kansas; and any such producer,manufacturer or compounder may obtain from the director of taxation and furnish to the supplier an exemption certificate numberfor tangible personal property for use as an ingredient or component part of the property or services produced, manufactured or compounded; (n) all sales of tangible personal property which is consumedin the production, manufacture, processing, mining, drilling, refining or compounding of tangible personal property, the treating of by-products or wastes derived from any such production proc ess, the providing of services or the irrigation of crops for ultimate sale at retail within or without the state of Kansas; and any purch aserof such property may obtain from the director of taxation and furnish to the supplier an exemption certificate number for tangiblepersonal property for consumption in such production, manufacture, processing, mining, drilling, refining, compounding, treating, irrigation and in providing such services; (o) all sales of animals, fowl and aquatic plants and animals, the primary purpose of which is use in agriculture or aquaculture,as defined in K.S.A. 47-1901, and amendments thereto, the production of food for human consumption, the production of animal, dairy, poultry or aquatic plant and animal products, fiber or fur, or the production of offspring for use for any such purpose or

purposes; (p) all sales of drugs dispensed pursuant to a prescription order by a licensed practitioner or a mid-level practitioner as defined byK.S.A. 65-1626, and amendments thereto. As used in this subsection, ‘‘drug’’ means a compound, substance or preparation and any component of a compound, substance or preparation, other thanfood and food ingredients, dietary supplements or alcoholic beverages, recognized in the official United States pharmacop oeia, official homeopathic pharmacopoeia of the United States or official national formulary, and supplement to any of them, intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease or intended to affect the structure or any function of the body; (q) all sales of insulin dispensed by a person licensed by the state board of pharmacy to a person for treatment of diabetes at the direction of a person licensed to practice medicine by the board of healing arts; (r) all sales of oxygen delivery equipment, kidney dialysisequipment, enteral feeding systems, prosthetic devices and mobility enhancing equipment prescribed in writing by a person licensed to practice the healing arts, dentistry or optometry, and in addition to such sales, all sales of hearing aids, as defined by subsection (c)of K.S.A. 74-5807, and amendments thereto, and repair and replacement parts therefor, including batteries, by a person licensed in the practice of dispensing and fitting hearing aids pursuant to the provisions of K.S.A. 74-5808, and amendments thereto. For the purposes of this subsection: (1) ‘‘Mobility enhancing equipment’’ means equipment including repair and replacement parts to same,but does not include durable medical equipment, which is primarily and customarily used to provide or increase the ability to move from one place to another and which is appropriate for use either in a home or a motor vehicle; is not generally used by persons withnormal mobility; and does not include any motor vehicle or equipment on a motor vehicle normally provided by a motor vehicle manufacturer; and (2) ‘‘prosthetic device’’ means a replacement, corrective or supportive device including repair and replacementparts for same worn on or in the body to artificially replace a missing portion of the body, prevent or correct physical deformi ty or malfunction or support a weak or deformed portion of the body ; (s) except as provided in K.S.A. 2008 Supp. 82a-2101, andamendments thereto, all sales of tangible personal property or services purchased directly or indirectly by a groundwater management district organized or operating under the authority of K.S.A. 82a-1020 et seq. and amendments thereto, by a rural water district organized or operating under the authority of K.S.A. 82a-612, and amendments thereto, or by a water supply district organized or operating under the authority of K.S.A. 19-3501 et seq., 19-3522 etseq. or 19-3545, and amendments thereto, which property or services are used in the construction activities, operation or maintenance of the district; (t) all sales of farm machinery and equipment or aquaculture machinery and equipment, repair and replacement parts thereforand services performed in the repair and maintenance of such machinery and equipment. For the purposes of this subsection the term ‘‘farm machinery and equipment or aquaculture machinery and equipment’’ shall include a work-site utility vehicle, as defined in K.S.A. 8-126, and amendments thereto, and is equipped with abed or cargo box for hauling materials, and shall also include machinery and equipment used in the operation of Christmas tree farming but shall not include any passenger vehicle, truck, truck tractor, trailer, semitrailer or pole trailer, other than a farm trailer, as such terms are defined by K.S.A. 8-126 and amendments thereto. ‘‘Farm machinery and equipment’’ includes precision farmingequipment that is portable or is installed or purchased to be installed on farm machinery and equipment. ‘‘Precision farming equipment’’ includes the following items used only in computer-

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assisted farming, ranching or aquaculture production operations: Soil testing sensors, yield monitors, computers, monitors, software, global positioning and mapping systems, guiding systems, mo

dems, data communications equipment and any necessary mounting hardware, wiring and antennas. Each purchaser of farm machinery and equipment or aquaculture machinery and equipment exempted herein must certify in writing on the copy of the invoice or sales ticket to be retained by the seller that the farm machineryand equipment or aquaculture machinery and equipment purchased will be used only in farming, ranching or aquaculture production. Farming or ranching shall include the operation of a feedlot and farm and ranch work for hire and the operation of a

nursery; (u) all leases or rentals of tangible personal property used as a dwelling if such tangible personal property is leased or rented for a period of more than 28 consecutive days; (v) all sales of tangible personal property to any contractor for use in preparing meals for delivery to homebound elderly per sons over 60 years of age and to homebound disabled persons or to beserved at a group-sitting at a location outside of the home to otherwise homebound elderly persons over 60 years of age and to otherwise homebound disabled persons, as all or part of any food service project funded in whole or in part by government or as partof a private nonprofit food service project available to all such elderly or disabled persons residing within an area of service d esignated by the private nonprofit organization, and all sales of tangible personal property for use in preparing meals for consumption by indigent or homeless individuals whether or not such meals are consumed at a place designated for such purpose, and all sales of food products by or on behalf of any such contractor or organi zation for any such purpose; (w) all sales of natural gas, electricity, heat and water deliveredthrough mains, lines or pipes: (1) To residential premises for noncommercial use by the occupant of such premises; (2) for agricultural use and also, for such use, all sales of propane gas; (3) for use in the severing of oil; and (4) to any property which is exempt from property taxation pursuant to K.S.A. 79-201b Second through Sixth

.As used in this paragraph, ‘‘severing’’ shall have the meaning ascribed thereto by subsection (k) of K.S.A. 79-4216, and amendments thereto. For all sales of natural gas, electricity and heat deliveredthrough mains, lines or pipes pursuant to the provisions of subsection (w)(1) and (w)(2), the provisions of this subsection shall expire on December 31, 2005; (x) all sales of propane gas, LP-gas, coal, wood and other fuel sources for the production of heat or lighting for noncommercialuse of an occupant of residential premises occurring prior to January 1, 2006; (y) all sales of materials and services used in the repairing, servicing, altering, maintaining, manufacturing, remanufacturing,or modification of railroad rolling stock for use in interstate or foreign commerce under authority of the laws of the United State s;(z) all sales of tangible personal property and services purchased directly by a port authority or by a contractor therefor as provided by the provisions of K.S.A. 12-3418 and amendments thereto; (aa) all sales of materials and services applied to equipment which is transported into the state from without the state for repair, service, alteration, maintenance, remanufacture or modification and which is subsequently transported outside the state for use in the transmission of liquids or natural gas by means of pipeline in interstate or foreign commerce under authority of the laws of the United States; (bb) all sales of used mobile homes or manufactured homes. As used in this subsection: (1) ‘‘Mobile homes’’ and ‘‘manufactured homes’’ shall have the meanings ascribed thereto by K.S.A. 58-4202 and amendments thereto; and (2) ‘‘sales of used mobile homes or manufactured homes’’ means sales other than the original retail sale thereof;(cc) all sales of tangible personal property or services purchased for the purpose of and in conjunction with constructing,reconstructing, enlarging or remodeling a business or retail business which meets the requirements established in K.S.A. 74-50,115and amendments thereto, and the sale and installation of machinery and equipment purchased for installation at any such businessor retail business. When a person shall contract for the construction, reconstruction, enlargement or remodeling of any such business or retail business, such person shall obtain from the state and furnish to the contractor an exemption certificate for the project involved, and the contractor may purchase materials, machinery and equipment for incorporation in such project. The contractor shall furnish the number of such certificates to all suppliers from whom such purchases are made, and such suppliers shall execute invoices covering the same bearing the number of such certificate. Upon completion of the project the contractor shall furnish to the owner of the business or retail business a sworn statement, on a form to be provided by the director of taxation, that all purchasesso made were entitled to exemption under this subsection. All invoices shall be held by the contractor for a period of five years and shall be subject to audit by the director of taxation. Any contractor or any agent, employee or subcontractor thereof, who shall use orotherwise dispose of any materials, machinery or equipment purchased under such a certificate for any purpose other than that for which such a certificate is issued without the payment of the sales or compensating tax otherwise imposed thereon, shall be guilty of a misdemeanor and, upon conviction therefor, shall be subject to the penalties provided for in subsection (g) of K.S.A. 79-3615 and amendments thereto. As used in this subsection, ‘‘business’’ and ‘‘retail business’’ have the meanings respectively ascribed thereto by K.S.A. 74-50,114 and amendments thereto; (dd) all sales of tangible personal property purchased with food stamps issued by the United States department of agriculture; (ee) all sales of lottery tickets and shares made as part of a lottery operated by the state of Kansas; (ff) on and after July 1, 1988, all sales of new mobile homes or manufactured homes to the extent of 40% of the gross receipts, determined without regard to any trade-in allowance, received from such sale. As used in this subsection, ‘‘mobile homes’’ and ‘‘manufactured homes’’ shall have the meanings ascribed thereto by K.S.A. 58-4202 and amendments thereto;(gg) all sales of tangible personal property purchased in accordance with vouchers issued pursuant to the federal special supplemental food program for women, infants and children;(hh) all sales of medical supplies and equipment, including durable medical equipment, purchased directly by a nonprofit skillednursing home or nonprofit intermediate nursing care home, as defined by K.S.A. 39-923, and amendments thereto, for the purpose of providing medical services to residents thereof. This exemption shall not apply to tangible personal property customarily used for human habitation purposes. As used in this subsection, ‘‘durablemedical equipment’’ means equipment including repair and replacement parts for such equipment, which can withstand repeated use, is primarily and customarily used to serve a medical purpose, generally is not useful to a person in the absence of illness or injury and is not worn in or on the body, but does not include mobility enhancing equipment as defined in subsection (r), oxygen delivery equipment, kidney dialysis equipment or enteral feeding sy stems; (ii) all sales of tangible personal property purchased directlyby a nonprofit organization for nonsectarian comprehensive multidiscipline youth development programs and activities pr ovidedor sponsored by such organization, and all sales of tangible personal property by or on behalf of any such organization. This exemption shall not apply to tangible personal property custo marily used for human habitation purposes; (jj) all sales of tangible personal property or services, including the renting and leasing of tangible personal property, purc hased directly on behalf of a community-based mental retardation facility or mental health center organized pursuant to K.S.A. 19-4001 et seq., and amendments thereto, and licensed in accordance with the provisions of K.S.A. 75-3307b and amendments thereto and allsales of tangible personal property or services purchased by contractors during the time period from July, 2003, through June, 2006,for the purpose of constructing, equipping, maintaining or furnishing a new facility for a community-based mental retardation facility or mental health center located in Riverton, Cherokee County, Kansas, which would have been eligible for sales tax exemption pursuant to this subsection if purchased directly by such facility orcenter. This exemption shall not apply to tangible personal property customarily used for human habitation purposes; (kk) (1) (A) all sales of machinery and equipment which are used in this state as an integral or essential part of an integratedq Kansas Secretary of State 2009 

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production operation by a manufacturing or processing plant or facility; (B) all sales of installation, repair and maintenance servi ces performed on such machinery and equipment; and (C) all sales of repair and replacement parts and accessories purchased for such machinery and equipment. (2) For purposes of this subsection:(A) ‘‘Integrated production operation’’ means an integrated series of operations engaged in at a manufacturing or processing plant or facility to process, transform or convert tangible personal property by physical, chemical or other means into a differentform, composition or character from that in which it originally existed. Integrated production operations shall include: (i) Production line operations, including packaging operations; (ii) preproduction operations to handle, store and treat raw materials; (iii) post production handling, storage, warehousing and distribution operations; and (iv) waste, pollution and environmental control operations, if any; (B) ‘‘production line’’ means the assemblage of machinery and equipment at a manufacturing or processing plant or facility wherethe actual transformation or processing of tangible personal property occurs; (C) ‘‘manufacturing or processing plant or facility’’ means a single, fixed location owned or controlled by a manufacturing orprocessing business that consists of one or more structures or buildings in a contiguous area where integrated production operations are conducted to manufacture or process tangible personal pr operty to be ultimately sold at retail. Such term shall not include anyfacility primarily operated for the purpose of conveying or assisting in the conveyance of natural gas, electricity, oil or water. A business may operate one or more manufacturing or processin g plants or facilities at different locations to manufacture or process a single product of tangible personal property to be ultimately sold at retail; (D) ‘‘manufacturing or processing business’’ means a business that utilizes an integrated production operation to manufacture, process, fabricate, finish, or assemble items for wholesale and retail distribution as part of what is commonly regarded by the general public as an industrial manufacturing or processing operation or an agricultural commodity processing operation. (i) Industrialmanufacturing or processing operations include, by way of illustration but not of limitation, the fabrication of automobiles, airplanes, machinery or transportation equipment, the fabrication ofmetal, plastic, wood, or paper products, electricity power generation, water treatment, petroleum refining, chemical production,wholesale bottling, newspaper printing, ready mixed concrete production, and the remanufacturing of used parts for wholesale or retail sale. Such processing operations shall include operations at an oil well, gas well, mine or other excavation site where the oil,gas, minerals, coal, clay, stone, sand or gravel that has been extracted from the earth is cleaned, separated, crushed, grou nd, milled, screened, washed, or otherwise treated or prepared before its transmission to a refinery or before any other wholesale or retaildistribution. (ii) Agricultural commodity processing operations include, by way of illustration but not of limitation, meat packing, poultry slaughtering and dressing, processing and packaging farm and dairy products in sealed containers for wholesale and retail distribution, feed grinding, grain milling, frozen food pr ocessing, and grain handling, cleaning, blending, fumigation, drying and aeration operations engaged in by grain elevators or other grain storage facilities. (iii) Manufacturing or processing businesses donot include, by way of illustration but not of limitation, nonindustrial businesses whose operations are primarily retail and that produce or process tangible personal property as an incidental part of conducting the retail business, such as retailers who bake, cook or prepare food products in the regular course of their retail trade, grocery stores, meat lockers and meat markets that butcher or dresslivestock or poultry in the regular course of their retail trade, contractors who alter, service, repair or improve real property, and retail businesses that clean, service or refurbish and repair tangible personal property for its owner; (E) ‘‘repair and replacement parts and accessories’’ means allparts and accessories for exempt machinery and equipment, including, but not limited to, dies, jigs, molds, patterns and safety devices that are attached to exempt machinery or that are otherwise used in production, and parts and accessories that require periodic replacement such as belts, drill bits, grinding wheels, grinding balls, cutting bars, saws, refractory brick and other refractory items for exempt kiln equipment used in production operations; (F) ‘‘primary’’ or ‘‘primarily’’ mean more than 50% of the time. (3) For purposes of this subsection, machinery and equipment shall be deemed to be used as an integral or essential part of an integrated production operation when used: (A) To receive, transport, convey, handle, treat or store raw materials in preparation of its placement on the production line;(B) to transport, convey, handle or store the property undergoing manufacturing or processing at any point from the beginning of the production line through any warehousing or distribution operation of the final product that occurs at the plant or fac ility;(C) to act upon, effect, promote or otherwise facilitate a physical change to the property undergoing manufacturing or processing;(D) to guide, control or direct the movement of property undergoing manufacturing or processing; (E) to test or measure raw materials, the property undergoin gmanufacturing or processing or the finished product, as a necessary part of the manufacturer’s integrated production oper ations; (F) to plan, manage, control or record the receipt and flow of inventories of raw materials, consumables and component parts, the flow of the property undergoing manufacturing or proces sing and the management of inventories of the finished product; (G) to produce energy for, lubricate, control the operating of or otherwise enable the functioning of other production machinery and equipment and the continuation of production operation s; (H) to package the property being manufactured or processed in a container or wrapping in which such property is normally sold or transported; (I) to transmit or transport electricity, coke, gas, water, steam or similar substances used in production operations from the point of generation, if produced by the manufacturer or processor at theplant site, to that manufacturer’s production operation; or, if purchased or delivered from offsite, from the point where the substance enters the site of the plant or facility to that manufacturer’s production operations; (J) to cool, heat, filter, refine or otherwise treat water, steam, acid, oil, solvents or other substances that are used in production operations;(K) to provide and control an environment required to maintain certain levels of air quality, humidity or temperature in special and limited areas of the plant or facility, where such regulation of temperature or humidity is part of and essential to the produ ction

process;(L) to treat, transport or store waste or other byproducts of production operations at the plant or facility; or(M) to control pollution at the plant or facility where the pollution is produced by the manufacturing or processing operation

. (4) The following machinery, equipment and materials shall be deemed to be exempt even though it may not otherwise qualify as machinery and equipment used as an integral or essential part ofan integrated production operation: (A) Computers and related peripheral equipment that are utilized by a manufacturing or processing business for engineering of the finished product or for research and development or product design; (B) machinery andequipment that is utilized by a manufacturing or processing business to manufacture or rebuild tangible personal property that is used in manufacturing or processing operations, including tools, dies, molds, forms and other parts of qualifying machinery and equipment; (C) portable plants for aggregate concrete, bulk cement and asphalt including cement mixing drums to be attached to a motor vehicle; (D) industrial fixtures, devices, support facilities and special foundations necessary for manufacturing and production operations, and materials and other tangible personal prope rty sold for the purpose of fabricating such fixtures, devices, facilities and foundations. An exemption certificate for such purchases shallbe signed by the manufacturer or processor. If the fabricator purchases such material, the fabricator shall also sign the exemptioncertificate; and (E) a manufacturing or processing business’ laboratory equipment that is not located at the plant or facility, but that would otherwise qualify for exemption under subsection (3)(E).

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(5) ‘‘Machinery and equipment used as an integral or essential part of an integrated production operation’’ shall not include:(A) Machinery and equipment used for nonproduction purposes, including, but not limited to, machinery and equipmentused for plant security, fire prevention, first aid, accounting, administration, record keeping, advertising, marketing, sales or otherrelated activities, plant cleaning, plant communications, and employee work scheduling;(B) machinery, equipment and tools used primarily in maintaining and repairing any type of machinery and equipment or the building and plant; (C) transportation, transmission and distribution equipmentnot primarily used in a production, warehousing or material handling operation at the plant or facility, including the means of conveyance of natural gas, electricity, oil or water, and equipment related thereto, located outside the plant or facility; (D) office machines and equipment including computers and related peripheral equipment not used directly and primarily to control or measure the manufacturing process; (E) furniture and other furnishings; (F) buildings, other than exempt machinery and equipment that is permanently affixed to or becomes a physical part of the building, and any other part of real estate that is not otherwise
exempt; (G) building fixtures that are not integral to the manufacturingoperation, such as utility systems for heating, ventilation, air conditioning, communications, plumbing or electrical; (H) machinery and equipment used for general plant heating, cooling and lighting; (I) motor vehicles that are registered for operation on public highways; or (J) employee apparel, except safety and protective apparel thatis purchased by an employer and furnished gratuitously to employees who are involved in production or research activities. (6) Subsections (3) and (5) shall not be construed as exclusive listings of the machinery and equipment that qualify or do not qualify as an integral or essential part of an integrated production operation. When machinery or equipment is used as an integral or essential part of production operations part of the time and fornonproduction purpose at other times, the primary use of the machinery or equipment shall determine whether or not such machinery or equipment qualifies for exemption. (7) The secretary of revenue shall adopt rules and regulations necessary to administer the provisions of this subsection; (ll) all sales of educational materials purchased for distribution to the public at no charge by a nonprofit corporation organiz ed for the purpose of encouraging, fostering and conducting progr ams for the improvement of public health;(mm) all sales of seeds and tree seedlings; fertilizers, insecticides, herbicides, germicides, pesticides and fungicides; and services, purchased and used for the purpose of producing plants in order to prevent soil erosion on land devoted to agricultural use;(nn) except as otherwise provided in this act, all sales of services rendered by an advertising agency or licensed broadcast station or any member, agent or employee thereof;(oo) all sales of tangible personal property purchased by a community action group or agency for the exclusive purpose of repairing or weatherizing housing occupied by low income individuals; (pp) all sales of drill bits and explosives actually utilized in the exploration and production of oil or gas;(qq) all sales of tangible personal property and services purchased by a nonprofit museum or historical society or any combination thereof, including a nonprofit organization which is organized for the purpose of stimulating public interest in theexploration of space by providing educational information, exhibits and experiences, which is exempt from federal income taxation pursuant to section 501(c)(3) of the federal internal revenue code of 1986; (rr) all sales of tangible personal property which will admit the purchaser thereof to any annual event sponsored by a nonprofitorganization which is exempt from federal income taxation pursuant to section 501(c)(3) of the federal internal revenue code of
1986; (ss) all sales of tangible personal property and services pu rchased by a public broadcasting station licensed by the federal

communications commission as a noncommercial educational television or radio station;(tt) all sales of tangible personal property and services purchased by or on behalf of a not-for-profit corporation which is exempt from federal income taxation pursuant to section 501(c)(3) of the federal internal revenue code of 1986, for the sole purpose of constructing a Kansas Korean War memorial;(uu) all sales of tangible personal property and services purchased by or on behalf of any rural volunteer fire-fighting organization for use exclusively in the performance of its duties and functions; (vv) all sales of tangible personal property purchased by anyof the following organizations which are exempt from federal income taxation pursuant to section 501 (c)(3) of the federal internal revenue code of 1986, for the following purposes, and all sales of any such property by or on behalf of any such organization for any such purpose: (1) The American Heart Association, Kansas Affiliate, Inc. for the purposes of providing education, training, certification inemergency cardiac care, research and other related services to reduce disability and death from cardiovascular diseases and stroke; (2) the Kansas Alliance for the Mentally Ill, Inc. for the purposeof advocacy for persons with mental illness and to education, research and support for their families;(3) the Kansas Mental Illness Awareness Council for the purposes of advocacy for persons who are mentally ill and to education, research and support for them and their families; (4) the American Diabetes Association Kansas Affiliate, Inc. forthe purpose of eliminating diabetes through medical research, public education focusing on disease prevention and education, patienteducation including information on coping with diabetes, and professional education and training;(5) the American Lung Association of Kansas, Inc. for the purpose of eliminating all lung diseases through medical resea rch,public education including information on coping with lung diseases, professional education and training related to lung disease and other related services to reduce the incidence of disability and death due to lung disease; (6) the Kansas chapters of the Alzheimer’s Disease and Related Disorders Association, Inc. for the purpose of providing assistance and support to persons in Kansas with Alzheimer’s disease, and their families and caregivers; (7) the Kansas chapters of the Parkinson’s disease association for the purpose of eliminating Parkinson’s disease through medicalresearch and public and professional education related to such disease; (8) the National Kidney Foundation of Kansas and Western Missouri for the purpose of eliminating kidney disease through medical research and public and private education related to such disease; (9) the heartstrings community foundation for the purpose ofproviding training, employment and activities for adults with developmental disabilities; (10) the Cystic Fibrosis Foundation, Heart of America Chapt er, for the purposes of assuring the development of the means to cure and control cystic fibrosis and improving the quality of life for those with the disease; (11) the spina bifida association of Kansas for the purpose of providing financial, educational and practical aid to families and individuals with spina bifida. Such aid includes, but is not limitedto, funding for medical devices, counseling and medical educational opportunities; (12) the CHWC, Inc., for the purpose of rebuilding urban core neighborhoods through the construction of new homes, acquiring and renovating existing homes and other related activities, and promoting economic development in such neighborhoods;(13) the cross-lines cooperative council for the purpose of providing social services to low income individuals and families; (14) the Dreams Work, Inc., for the purpose of providing youn g adult day services to individuals with developmental disabilities and assisting families in avoiding institutional or nursing home care for a developmentally disabled member of their family;q Kansas Secretary of State 2009 

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(15) the KSDS, Inc., for the purpose of promoting the independence and inclusion of people with disabilities as fully participating and contributing members of their communities and society through the training and providing of guide and service d ogs to people with disabilities, and providing disability education and awareness to the general public; (16) the lyme association of greater Kansas City, Inc., for the purpose of providing support to persons with lyme disease and public education relating to the prevention, treatment and cure of lyme disease; (17) the Dream Factory, Inc., for the purpose of granting the dreams of children with critical and chronic illnesses;(18) the Ottawa Suzuki Strings, Inc., for the purpose of providing students and families with education and resources necessary to enable each child to develop fine character and musical ability to the fullest potential;(19) the International Association of Lions Clubs for the purpose of creating and fostering a spirit of understanding among all people for humanitarian needs by providing voluntary services through community involvement and international cooperat ion; (20) the Johnson county young matrons, inc., for the purpose of promoting a positive future for members of the community through volunteerism, financial support and education through the efforts of an all volunteer organization;(21) the American Cancer Society, Inc., for the purpose of eliminating cancer as a major health problem by preventing cancer,saving lives and diminishing suffering from cancer, through research, education, advocacy and service; (22) the community services of Shawnee, inc., for the purpose of providing food and clothing to those in need; and (23) the angel babies association, for the purpose of providing assistance, support and items of necessity to teenage mothers and their babies; and(24) the Kansas fairgrounds foundation for the purpose of the preservation, renovation and beautification of the Kansas state fairgrounds; (ww) all sales of tangible personal property purchased by the Habitat for Humanity for the exclusive use of being incorporated within a housing project constructed by such organization;(xx) all sales of tangible personal property and services purchased by a nonprofit zoo which is exempt from federal incometaxation pursuant to section 501(c)(3) of the federal internal revenue code of 1986, or on behalf of such zoo by an entity itself exempt from federal income taxation pursuant to section 501(c)(3) of the federal internal revenue code of 1986 contracted with to operate such zoo and all sales of tangible personal property or servicespurchased by a contractor for the purpose of constructing, equipping, reconstructing, maintaining, repairing, enlarging, furnishingor remodeling facilities for any nonprofit zoo which would be exempt from taxation under the provisions of this section if purchased directly by such nonprofit zoo or the entity operating suchzoo. Nothing in this subsection shall be deemed to exempt the purchase of any construction machinery, equipment or tools used inthe constructing, equipping, reconstructing, maintaining, repairing, enlarging, furnishing or remodeling facilities for any nonprofitzoo. When any nonprofit zoo shall contract for the purpose of constructing, equipping, reconstructing, maintaining, repairing, enlarging, furnishing or remodeling facilities, it shall obtain from the state and furnish to the contractor an exemption certificate for the project involved, and the contractor may purchase materials forincorporation in such project. The contractor shall furnish the number of such certificate to all suppliers from whom such purchases are made, and such suppliers shall execute invoices covering the same bearing the number of such certificate. Upon completio n ofthe project the contractor shall furnish to the nonprofit zoo concerned a sworn statement, on a form to be provided by the director of taxation, that all purchases so made were entitled to exemption under this subsection. All invoices shall be held by the contractor for a period of five years and shall be subject to audit by the director of taxation. If any materials purchased under such a certificate arefound not to have been incorporated in the building or other project or not to have been returned for credit or the sales or com pensating tax otherwise imposed upon such materials which will not be so incorporated in the building or other project reported and paid by such contractor to the director of taxation not later than the 20th day of the month following the close of the month in which it shall be determined that such materials will not be used for the purpose for which such certificate was issued, the nonprofit zoo concerned shall be liable for tax on all materials purchased for the project, and upon payment thereof it may recover the same fromthe contractor together with reasonable attorney fees. Any contractor or any agent, employee or subcontractor thereof, who shall use or otherwise dispose of any materials purchased under such acertificate for any purpose other than that for which such a certificate is issued without the payment of the sales or compensating tax otherwise imposed upon such materials, shall be guilty of a misdemeanor and, upon conviction therefor, shall be subject to the penalties provided for in subsection (g) of K.S.A. 79-3615, and amendments thereto;(yy) all sales of tangible personal property and services purchased by a parent-teacher association or organization, and allsales of tangible personal property by or on behalf of such association or organization;(zz) all sales of machinery and equipment purchased by overthe-air, free access radio or television station which is used directly and primarily for the purpose of producing a broadcast signal or is such that the failure of the machinery or equipment to operate would cause broadcasting to cease. For purposes of this subsection, machinery and equipment shall include, but not be limited to, that required by rules and regulations of the federal communicat ionscommission, and all sales of electricity which are essential or necessary for the purpose of producing a broadcast signal or is such that the failure of the electricity would cause broadcasting to cease;(aaa) all sales of tangible personal property and services purchased by a religious organization which is exempt from federal income taxation pursuant to section 501(c)(3) of the federal internal revenue code, and used exclusively for religious purposes, and allsales of tangible personal property or services purchased by a contractor for the purpose of constructing, equipping, reconstructing,maintaining, repairing, enlarging, furnishing or remodeling facilities for any such organization which would be exempt from taxation under the provisions of this section if purchased directly by such organization. Nothing in this subsection shall be deemed to exempt the purchase of any construction machinery, equipment ortools used in the constructing, equipping, reconstructing, maintaining, repairing, enlarging, furnishing or remodeling facilities for any such organization. When any such organization shall contractfor the purpose of constructing, equipping, reconstructing, maintaining, repairing, enlarging, furnishing or remodeling facilities, itshall obtain from the state and furnish to the contractor an exemption certificate for the project involved, and the contractor may purchase materials for incorporation in such project. The contractor shall furnish the number of such certificate to all suppliers from whom such purchases are made, and such suppliers shall execute invoices covering the same bearing the number of such certificate. Upon completion of the project the contractor shall furnish to suchorganization concerned a sworn statement, on a form to be provided by the director of taxation, that all purchases so made were entitled to exemption under this subsection. All invoices shall be held by the contractor for a period of five years and shall be subjectto audit by the director of taxation. If any materials purchased under such a certificate are found not to have been incorporated in the building or other project or not to have been returned for credit or the sales or compensating tax otherwise imposed upon such materials which will not be so incorporated in the building or otherproject reported and paid by such contractor to the director of taxation not later than the 20th day of the month following the close

of the month in which it shall be determined that such materials will not be used for the purpose for which such certificate was issued, such organization concerned shall be liable for tax on all materials purchased for the project, and upon payment thereof it may recover the same from the contractor together with reasonableattorney fees. Any contractor or any agent, employee or subcontractor thereof, who shall use or otherwise dispose of any materials purchased under such a certificate for any purpose other than that for which such a certificate is issued without the payment of the sales or compensating tax otherwise imposed upon such materials, shall be guilty of a misdemeanor and, upon conviction therefor, shall be subject to the penalties provided for in subsection (g) of K.S.A. 79-3615, and amendments thereto. Sales tax paid on and

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after July 1, 1998, but prior to the effective date of this act upon the gross receipts received from any sale exempted by the amendatory provisions of this subsection shall be refunded. Each claim for a

sales tax refund shall be verified and submitted to the director oftaxation upon forms furnished by the director and shall be accompanied by any additional documentation required by the director.

The director shall review each claim and shall refund that amountof sales tax paid as determined under the provisions of this subsection. All refunds shall be paid from the sales tax refund fund upon warrants of the director of accounts and reports pursuant to vouchers approved by the director or the director’s designee ;(bbb) all sales of food for human consumption by an organization which is exempt from federal income taxation pursuant tosection 501 (c)(3) of the federal internal revenue code of 1986, pursuant to a food distribution program which offers such food at a price below cost in exchange for the performance of communit y service by the purchaser thereof; (ccc) on and after July 1, 1999, all sales of tangible personal property and services purchased by a primary care clinic or healthcenter the primary purpose of which is to provide services to medically underserved individuals and families, and which is exempt from federal income taxation pursuant to section 501 (c)(3) of the federal internal revenue code, and all sales of tangible personal property or services purchased by a contractor for the purpose of constructing, equipping, reconstructing, maintaining, repairing, enlarging, furnishing or remodeling facilities for any such clinic or center which would be exempt from taxation under the provisionsof this section if purchased directly by such clinic or center. Nothing in this subsection shall be deemed to exempt the purchase ofany construction machinery, equipment or tools used in the constructing, equipping, reconstructing, maintaining, repairing, enlarging, furnishing or remodeling facilities for any such clinic or center. When any such clinic or center shall contract for the purpose of constructing, equipping, reconstructing, maintaining, repairing, enlarging, furnishing or remodeling facilities, it shall obtain from the state and furnish to the contractor an exemption certificate for the project involved, and the contractor may purchase materials for incorporation in such project. The contractor shall furnish thenumber of such certificate to all suppliers from whom such purchases are made, and such suppliers shall execute invoices covering the same bearing the number of such certificate. Upon com pletion of the project the contractor shall furnish to such clinic or center concerned a sworn statement, on a form to be provided by the director of taxation, that all purchases so made were entitled to exemption under this subsection. All invoices shall be held by the contractor for a period of five years and shall be subject to audit by the director of taxation. If any materials purchased under such a certificate are found not to have been incorporated in the building or other project or not to have been returned for credit or the sales or compensating tax otherwise imposed upon such materials which will not be so incorporated in the building or other project reported and paid by such contractor to the director of taxation not later than the 20th day of the month following the close of the

month in which it shall be determined that such materials will not be used for the purpose for which such certificate was issued, such

clinic or center concerned shall be liable for tax on all materialspurchased for the project, and upon payment thereof it may recover the same from the contractor together with reasonable attorney fees. Any contractor or any agent, employee or subcontractorthereof, who shall use or otherwise dispose of any materials purchased under such a certificate for any purpose other than that for which such a certificate is issued without the payment of the sales or compensating tax otherwise imposed upon such materials, shall be guilty of a misdemeanor and, upon conviction therefor, shall be subject to the penalties provided for in subsection (g) of K.S.A. 79- 3615, and amendments thereto; (ddd) on and after January 1, 1999, and before January 1, 2000, all sales of materials and services purchased by any class II or III railroad as classified by the federal surface transportation board for the construction, renovation, repair or replacement of class IIor III railroad track and facilities used directly in interstate commerce. In the event any such track or facility for which materials and services were purchased sales tax exempt is not operational for five years succeeding the allowance of such exemption, the total amount of sales tax which would have been payable except for the operation of this subsection shall be recouped in accordance with rules and regulations adopted for such purpose by the secretary of

revenue; (eee) on and after January 1, 1999, and before January 1, 2001,all sales of materials and services purchased for the original construction, reconstruction, repair or replacement of grain storage facilities, including railroad sidings providing access ther eto; (fff) all sales of material handling equipment, racking systems and other related machinery and equipment that is used for the handling, movement or storage of tangible personal property in awarehouse or distribution facility in this state; all sales of installation, repair and maintenance services performed on such machinery and equipment; and all sales of repair and replacementparts for such machinery and equipment. For purposes of this subsection, a warehouse or distribution facility means a single, fixed location that consists of buildings or structures in a contiguous area where storage or distribution operations are conducted that are separate and apart from the business’ retail operations, if any, and which do not otherwise qualify for exemption as occurring at a manufacturing or processing plant or facility. Material handlingand storage equipment shall include aeration, dust control, cleaning, handling and other such equipment that is used in a public grain warehouse or other commercial grain storage facility, whether used for grain handling, grain storage, grain refining or processing, or other grain treatment operation; (ggg) all sales of tangible personal property and services p urchased by or on behalf of the Kansas Academy of Science which is exempt from federal income taxation pursuant to section 501(c)(3) of the federal internal revenue code of 1986, and used solely by such academy for the preparation, publication and dissemination of education materials;(hhh) all sales of tangible personal property and services purchased by or on behalf of all domestic violence shelters that aremember agencies of the Kansas coalition against sexual and domestic violence; (iii) all sales of personal property and services purchased byan organization which is exempt from federal income taxation pursuant to section 501(c)(3) of the federal internal revenue code of 1986, and which such personal property and services are used by any such organization in the collection, storage and distribution of food products to nonprofit organizations which distribute such food products to persons pursuant to a food distribution program on a charitable basis without fee or charge, and all sales of tangible personal property or services purchased by a contractor for the purpose of constructing, equipping, reconstructing, maintaining, repairing, enlarging, furnishing or remodeling facilities used forthe collection and storage of such food products for any such organization which is exempt from federal income taxation pursuant to section 501(c)(3) of the federal internal revenue code of 1986, which would be exempt from taxation under the provisions of this section if purchased directly by such organization. Nothing in thissubsection shall be deemed to exempt the purchase of any construction machinery, equipment or tools used in the constructing,equipping, reconstructing, maintaining, repairing, enlarging, furnishing or remodeling facilities for any such organization. Whenany such organization shall contract for the purpose of constructing, equipping, reconstructing, maintaining, repairing, enlarging, furnishing or remodeling facilities, it shall obtain from the state and furnish to the contractor an exemption certificate for the projectinvolved, and the contractor may purchase materials for incorporation in such project. The contractor shall furnish the number of such certificate to all suppliers from whom such purchases are made, and such suppliers shall execute invoices covering the same bearing the number of such certificate. Upon completion of the project the contractor shall furnish to such organization concerned a sworn statement, on a form to be provided by the director of taxation, that all purchases so made were entitled to exemption under this subsection. All invoices shall be held by the contractor for a period of five years and shall be subject to audit by the director of taxation. If any materials purchased under such a certificate are found not to have been incorporated in such facilities or not to have been returned for credit or the sales or compensating tax otherwise imposed upon such materials which will not be so incorporated in such facilities reported and paid by such contractor to the director of taxation not later than the 20th day of the month following theq Kansas Secretary of State 2009 

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close of the month in which it shall be determined that such materials will not be used for the purpose for which such certificate was issued, such organization concerned shall be liable for tax on all materials purchased for the project, and upon payment thereofit may recover the same from the contractor together with reasonable attorney fees. Any contractor or any agent, employee or subcontractor thereof, who shall use or otherwise dispose of any materials purchased under such a certificate for any purpose other than that for which such a certificate is issued without the payment of the sales or compensating tax otherwise imposed upon such materials, shall be guilty of a misdemeanor and, upon conviction therefor, shall be subject to the penalties provided for in subsection (g) of K.S.A. 79-3615, and amendments thereto. Sales tax paid on and after July 1, 2005, but prior to the effective date of this act uponthe gross receipts received from any sale exempted by the amendatory provisions of this subsection shall be refunded. Each claim

for a sales tax refund shall be verified and submitted to the directorof taxation upon forms furnished by the director and shall be accompanied by any additional documentation required by the director. The director shall review each claim and shall refund that amount of sales tax paid as determined under the provisions of this subsection. All refunds shall be paid from the sales tax refundfund upon warrants of the director of accounts and reports pursuant to vouchers approved by the director or the director’s designee; (jjj) all sales of dietary supplements dispensed pursuant to aprescription order by a licensed practitioner or a mid-level practitioner as defined by K.S.A. 65-1626, and amendments thereto. As used in this subsection, ‘‘dietary supplement’’ means any product,other than tobacco, intended to supplement the diet that: (1) Contains one or more of the following dietary ingredients: A vitamin,a mineral, an herb or other botanical, an amino acid, a dietary substance for use by humans to supplement the diet by increasing the total dietary intake or a concentrate, metabolite, constituent, extract or combination of any such ingredient; (2) is intended for ingestion in tablet, capsule, powder, softgel, gelcap or liquid form, or if notintended for ingestion, in such a form, is not represented as conventional food and is not represented for use as a sole item of a meal or of the diet; and (3) is required to be labeled as a dietary supplement, identifiable by the supplemental facts box found on the label and as required pursuant to 21 C.F.R.§ 101.36;(lll) all sales of tangible personal property and services purchased by special olympics Kansas, inc. for the purpose of pr oviding year-round sports training and athletic competition in a variety of olympic-type sports for individuals with intellectual disabilitiesby giving them continuing opportunities to develop physical fitness, demonstrate courage, experience joy and participate in a sharing of gifts, skills and friendship with their families, other special olympics athletes and the community, and activities provid ed or sponsored by such organization, and all sales of tangible personal property by or on behalf of any such organization; (mmm) all sales of tangible personal property purchased by or on behalf of the Marillac Center, Inc., which is exempt from federal income taxation pursuant to section 501(c)(3) of the federal internalrevenue code, for the purpose of providing psycho-social-biological and special education services to children, and all sales of anysuch property by or on behalf of such organization for such purpose;(nnn) all sales of tangible personal property and services purchased by the West Sedgwick County-Sunrise Rotary Club andSunrise Charitable Fund for the purpose of constructing a boundless playground which is an integrated, barrier free and developmentally advantageous play environment for children of all abilities and disabilities; (ooo) all sales of tangible personal property by or on behalf of a public library serving the general public and supported in whole or in part with tax money or a not-for-profit organization whose purpose is to raise funds for or provide services or other benefits to any such public library;(ppp) all sales of tangible personal property and services purchased by or on behalf of a homeless shelter which is exempt from federal income taxation pursuant to section 501(c)(3) of the federal income tax code of 1986, and used by any such homeless shelter to provide emergency and transitional housing for individuals andfamilies experiencing homelessness, and all sales of any such property by or on behalf of any such homeless shelter for any such

purpose;(qqq) all sales of tangible personal property and services purchased by TLC for children and families, inc., hereinafter re ferred to as TLC, which is exempt from federal income taxation pursu ant to section 501(c)(3) of the federal internal revenue code of 1986, and which such property and services are used for the purpose ofproviding emergency shelter and treatment for abused and neglected children as well as meeting additional critical needs for children, juveniles and family, and all sales of any such pro pertyby or on behalf of TLC for any such purpose; and all sales of tangible personal property or services purchased by a contractor forthe purpose of constructing, maintaining, repairing, enlarging, furnishing or remodeling facilities for the operation of services for TLC for any such purpose which would be exempt from taxation under the provisions of this section if purchased directly by TLC. Nothing in this subsection shall be deemed to exempt the purchaseof any construction machinery, equipment or tools used in the constructing, maintaining, repairing, enlarging, furnishing or remodeling such facilities for TLC. When TLC contracts for the purposeof constructing, maintaining, repairing, enlarging, furnishing or remodeling such facilities, it shall obtain from the state and furnish to the contractor an exemption certificate for the project i nvolved, and the contractor may purchase materials for incorporation insuch project. The contractor shall furnish the number of such certificate to all suppliers from whom such purchases are made, and such suppliers shall execute invoices covering the same bearing thenumber of such certificate. Upon completion of the project the contractor shall furnish to TLC a sworn statement, on a form to be provided by the director of taxation, that all purchases so made were entitled to exemption under this subsection. All invoices shall be held by the contractor for a period of five years and shall besubject to audit by the director of taxation. If any materials purchased under such a certificate are found not to have been incorporated in the building or other project or not to have been returned for credit or the sales or compensating tax otherwise imposed upon such materials which will not be so incorporated in the building or other project reported and paid by such contractor to the director of taxation not later than the 20th day of the month following the close of the month in which it shall be determined that such materials will not be used for the purpose for which such certificate was issued, TLC shall be liable for tax on all materialspurchased for the project, and upon payment thereof it may recover the same from the contractor together with reasonable attorney fees. Any contractor or any agent, employee or subcontractorthereof, who shall use or otherwise dispose of any materials purchased under such a certificate for any purpose other than that for which such a certificate is issued without the payment of the sales or compensating tax otherwise imposed upon such materials, shall be guilty of a misdemeanor and, upon conviction therefor, shall be subject to the penalties provided for in subsection (g) of K.S.A. 79- 3615, and amendments thereto; (rrr) all sales of tangible personal property and services p urchased by any county law library maintained pursuant to law and sales of tangible personal property and services purchased by an organization which would have been exempt from taxation under the provisions of this subsection if purchased directly by the countylaw library for the purpose of providing legal resources to attorneys, judges, students and the general public, and all sales of any such property by or on behalf of any such county law library; (sss) all sales of tangible personal property and services p urchased by catholic charities or youthville, hereinafter referred to as charitable family providers, which is exempt from federal incometaxation pursuant to section 501(c)(3) of the federal internal revenue code of 1986, and which such property and services are used for the purpose of providing emergency shelter and treatment forabused and neglected children as well as meeting additional critical needs for children, juveniles and family, and all sales of any such property by or on behalf of charitable family providers for any such purpose; and all sales of tangible personal property or services purchased by a contractor for the purpose of constructing,maintaining, repairing, enlarging, furnishing or remodeling facilities for the operation of services for charitable family providers for any such purpose which would be exempt from taxation under the

(continued)q Kansas Secretary of State 2009 

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# Kansas Register

provisions of this section if purchased directly by charitable family providers. Nothing in this subsection shall be deemed to exempt the purchase of any construction machinery, equipment or toolsused in the constructing, maintaining, repairing, enlarging, furnishing or remodeling such facilities for charitable family providers. When charitable family providers contracts for the purpose ofconstructing, maintaining, repairing, enlarging, furnishing or remodeling such facilities, it shall obtain from the state and furnish to the contractor an exemption certificate for the project i nvolved, and the contractor may purchase materials for incorporation insuch project. The contractor shall furnish the number of such certificate to all suppliers from whom such purchases are made, and such suppliers shall execute invoices covering the same bearing thenumber of such certificate. Upon completion of the project the contractor shall furnish to charitable family providers a sworn statement, on a form to be provided by the director of taxation, that allpurchases so made were entitled to exemption under this subsection. All invoices shall be held by the contractor for a period of five years and shall be subject to audit by the director of taxation. If any materials purchased under such a certificate are found not to have been incorporated in the building or other project or not tohave been returned for credit or the sales or compensating tax otherwise imposed upon such materials which will not be so incorporated in the building or other project reported and paid by such contractor to the director of taxation not later than the 20th day of the month following the close of the month in which it shall be determined that such materials will not be used for the purpose for which such certificate was issued, charitable family providers shall be liable for tax on all materials purchased for the project, and upon payment thereof it may recover the same from the contractor together with reasonable attorney fees. Any contractor or anyagent, employee or subcontractor thereof, who shall use or otherwise dispose of any materials purchased under such a certificate for any purpose other than that for which such a certificate is issued without the payment of the sales or compensating tax otherwise imposed upon such materials, shall be guilty of a misdemeanorand, upon conviction therefor, shall be subject to the penalties provided for in subsection (g) of K.S.A. 79-3615, and amendments thereto; (ttt) all sales of tangible personal property or services pu rchased by a contractor for a project for the purpose of restoring, constructing, equipping, reconstructing, maintaining, repairing, enlarging, furnishing or remodeling a home or facility owned by a nonprofit museum which has been granted an exemption pursuant to subsection (qq), which such home or facility is located in a city which has been designated as a qualified hometown pursuant to the provisions of K.S.A. 75-5071 et seq., and amendments thereto, and which such project is related to the purposes of K.S.A. 75-5071 et seq., and amendments thereto, and which would be exempt from taxation under the provisions of this section if purchased directly by such nonprofit museum. Nothing in this subsection shall be deemed to exempt the purchase of any construction machinery, equipment or tools used in the restoring, constructing, equipping,reconstructing, maintaining, repairing, enlarging, furnishing or remodeling a home or facility for any such nonprofit museum. Whenany such nonprofit museum shall contract for the purpose of restoring, constructing, equipping, reconstructing, maintaining, repairing, enlarging, furnishing or remodeling a home or facility, itshall obtain from the state and furnish to the contractor an exemption certificate for the project involved, and the contractor may purchase materials for incorporation in such project. The contractor shall furnish the number of such certificates to all suppliers from whom such purchases are made, and such suppliers shall execute invoices covering the same bearing the number of such certificate. Upon completion of the project, the contractor shall furnish to such nonprofit museum a sworn statement on a form to be provided by the director of taxation that all purchases so made were entitled to exemption under this subsection. All invoices shall be held by the contractor for a period of five years and shall be subject to audit by the director of taxation. If any materials purchased under such a certificate are found not to have been incorporated in the building or other project or not to have been returned for credit or the sales or compensating tax otherwise imposed upon such materials which will not be so incorporated in a home or facility or otherproject reported and paid by such contractor to the director of taxation not later than the 20th day of the month following the close

of the month in which it shall be determined that such materials will not be used for the purpose for which such certificate wasissued, such nonprofit museum shall be liable for tax on all materials purchased for the project, and upon payment thereof it mayrecover the same from the contractor together with reasonable attorney fees. Any contractor or any agent, employee or subcontractor thereof, who shall use or otherwise dispose of any materials purchased under such a certificate for any purpose other than that for which such a certificate is issued without the payment of the sales or compensating tax otherwise imposed upon such materials, shall be guilty of a misdemeanor and, upon conviction therefor, shall be subject to the penalties provided for in subsection (g) of K.S.A. 79-3615, and amendments thereto;(uuu) all sales of tangible personal property and services purchased by Kansas children’s service league, hereinafter referred to as KCSL, which is exempt from federal income taxation pursuant to section 501(c)(3) of the federal internal revenue code of 1986, and which such property and services are used for the purpose ofproviding for the prevention and treatment of child abuse and maltreatment as well as meeting additional critical needs for children, juveniles and family, and all sales of any such property by or onbehalf of KCSL for any such purpose; and all sales of tangible personal property or services purchased by a contractor for the purpose of constructing, maintaining, repairing, enlarging, furnishing or remodeling facilities for the operation of services for KCSL for any such purpose which would be exempt from taxation under the provisions of this section if purchased directly by KCSL. Nothing in this subsection shall be deemed to exempt the purchase of anyconstruction machinery, equipment or tools used in the constructing, maintaining, repairing, enlarging, furnishing or remodeling such facilities for KCSL. When KCSL contracts for the purpose ofconstructing, maintaining, repairing, enlarging, furnishing or remodeling such facilities, it shall obtain from the state and furnish to the contractor an exemption certificate for the project i nvolved, and the contractor may purchase materials for incorporation insuch project. The contractor shall furnish the number of such certificate to all suppliers from whom such purchases are made, and such suppliers shall execute invoices covering the same bearing thenumber of such certificate. Upon completion of the project the contractor shall furnish to KCSL a sworn statement, on a form to be provided by the director of taxation, that all purchases so made were entitled to exemption under this subsection. All invoices shall be held by the contractor for a period of five years and shall besubject to audit by the director of taxation. If any materials purchased under such a certificate are found not to have been incorporated in the building or other project or not to have been returned for credit or the sales or compensating tax otherwise imposed upon such materials which will not be so incorporated in the building or other project reported and paid by such contractor to the director of taxation not later than the 20th day of the month following the close of the month in which it shall be determined that such materials will not be used for the purpose for which such certificate was issued, KCSL shall be liable for tax on all materialspurchased for the project, and upon payment thereof it may recover the same from the contractor together with reasonable attorney fees. Any contractor or any agent, employee or subcontractorthereof, who shall use or otherwise dispose of any materials purchased under such a certificate for any purpose other than that for which such a certificate is issued without the payment of the sales or compensating tax otherwise imposed upon such materials, shall be guilty of a misdemeanor and, upon conviction therefor, shall be subject to the penalties provided for in subsection (g) of K.S.A. 79- 3615, and amendments thereto;(vvv) all sales of tangible personal property or services, including the renting and leasing of tangible personal property or services, purchased by Jazz in the Woods, Inc., a Kansas corporati on which is exempt from federal income taxation pursuant to section 501 (c)(3) of the federal internal revenue code, for the purpose of providing Jazz in the Woods, an event benefiting children-in-need and other nonprofit charities assisting such children, and all sales of any such property by or on behalf of such organization for such

purpose; (www) all sales of tangible personal property purchased by or on behalf of the Frontenac Education Foundation, which is exemptq Kansas Secretary of State 2009 

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# Kansas Register

from federal income taxation pursuant to section 501 (c)(3) of thefederal internal revenue code, for the purpose of providing education support for students, and all sales of any such proper ty by or on behalf of such organization for such purpose; (xxx) all sales of personal property and services purchased by the booth theatre foundation, inc., an organization which is exempt from federal income taxation pursuant to section 501(c)(3) of the federal internal revenue code of 1986, and which such personal property and services are used by any such organization in the constructing, equipping, reconstructing, maintaining, repairing, enlarging, furnishing or remodeling of the booth theatre, and allsales of tangible personal property or services purchased by a contractor for the purpose of constructing, equipping, reconstructing, maintaining, repairing, enlarging, furnishing or remodeling the booth theatre for such organization, which would be exempt from taxation under the provisions of this section if purchased directly by such organization. Nothing in this subsection shall be deemed to exempt the purchase of any construction machinery, equipmentor tools used in the constructing, equipping, reconstructing, maintaining, repairing, enlarging, furnishing or remodeling facilities for any such organization. When any such organization shall contractfor the purpose of constructing, equipping, reconstructing, maintaining, repairing, enlarging, furnishing or remodeling facilities, itshall obtain from the state and furnish to the contractor an exemption certificate for the project involved, and the contractor may purchase materials for incorporation in such project. The contractor shall furnish the number of such certificate to all suppliers from whom such purchases are made, and such suppliers shall execute invoices covering the same bearing the number of such certificate. Upon completion of the project the contractor shall furnish to suchorganization concerned a sworn statement, on a form to be provided by the director of taxation, that all purchases so made were entitled to exemption under this subsection. All invoices shall be held by the contractor for a period of five years and shall be subjectto audit by the director of taxation. If any materials purchased under such a certificate are found not to have been incorporated in

such facilities or not to have been returned for credit or the sales or compensating tax otherwise imposed upon such materials which will not be so incorporated in such facilities reported and paid by such contractor to the director of taxation not later than the 20th day of the month following the close of the month in which

it shall be determined that such materials will not be used for the purpose for which such certificate was issued, such organiz ation concerned shall be liable for tax on all materials purchased for the project, and upon payment thereof it may recover the same fromthe contractor together with reasonable attorney fees. Any contractor or any agent, employee or subcontractor thereof, who shall use or otherwise dispose of any materials purchased under such acertificate for any purpose other than that for which such a certificate is issued without the payment of the sales or compensating tax otherwise imposed upon such materials, shall be guilty of a misdemeanor and, upon conviction therefor, shall be subject to the penalties provided for in subsection (g) of K.S.A. 79-3615, and amendments thereto. Sales tax paid on and after January 1, 2007, but prior to the effective date of this act upon the gross receipts received from any sale which would have been exempted by theprovisions of this subsection had such sale occurred after the effective date of this act shall be refunded. Each claim for a sales tax

refund shall be verified and submitted to the director of taxation upon forms furnished by the director and shall be accompanie d byany additional documentation required by the director. The director shall review each claim and shall refund that amount of sales tax paid as determined under the provisions of this subsection. All refunds shall be paid from the sales tax refund fund upon warrantsof the director of accounts and reports pursuant to vouchers approved by the director or the director’s designee; (yyy) all sales of tangible personal property and services p urchased by TLC charities foundation, inc., hereinafter referred to asTLC charities, which is exempt from federal income taxation pursuant to section 501(c)(3) of the federal internal revenue code of1986, and which such property and services are used for the purpose of encouraging private philanthropy to further the vision, values, and goals of TLC for children and families, inc.; and all sales of such property and services by or on behalf of TLC charities for any such purpose and all sales of tangible personal property or services purchased by a contractor for the purpose of constructing,maintaining, repairing, enlarging, furnishing or remodeling facilities for the operation of services for TLC charities for any suchpurpose which would be exempt from taxation under the provisions of this section if purchased directly by TLC charities. Nothing in this subsection shall be deemed to exempt the purchase of anyconstruction machinery, equipment or tools used in the constructing, maintaining, repairing, enlarging, furnishing or remodeling

such facilities for TLC charities. When TLC charities contracts forthe purpose of constructing, maintaining, repairing, enlarging, furnishing or remodeling such facilities, it shall obtain from the state and furnish to the contractor an exemption certificate for the projectinvolved, and the contractor may purchase materials for incorporation in such project. The contractor shall furnish the number of such certificate to all suppliers from whom such purchases are made, and such suppliers shall execute invoices covering the same bearing the number of such certificate. Upon completion of theproject the contractor shall furnish to TLC charities a sworn statement, on a form to be provided by the director of taxation, that allpurchases so made were entitled to exemption under this subsection. All invoices shall be held by the contractor for a period of five years and shall be subject to audit by the director of taxation. If any materials purchased under such a certificate are found not to have been incorporated in the building or other project or not tohave been returned for credit or the sales or compensating tax otherwise imposed upon such materials which will not be incorporated into the building or other project reported and paid by such contractor to the director of taxation not later than the 20th day of the month following the close of the month in which it shall be determined that such materials will not be used for the purpose for which such certificate was issued, TLC charities shall be liablefor tax on all materials purchased for the project, and upon payment thereof it may recover the same from the contractor togetherwith reasonable attorney fees. Any contractor or any agent, employee or subcontractor thereof, who shall use or otherwise dispose of any materials purchased under such a certificate for any purpose

other than that for which such a certificate is issued without the payment of the sales or compensating tax otherwise imposed uponsuch materials, shall be guilty of a misdemeanor and, upon conviction therefor, shall be subject to the penalties provided for in subsection (g) of K.S.A. 79-3615, and amendments thereto; (zzz) all sales of tangible personal property purchased by the rotary club of shawnee foundation which is exempt from federal income taxation pursuant to section 501 (c)(3) of the federal internalrevenue code of 1986, as amended, used for the purpose of providing contributions to community service organizations and scholarships; (aaaa) all sales of personal property and services purchased by or on behalf of victory in the valley, inc., which is exempt from federal income taxation pursuant to section 501 (c)(3) of the federalinternal revenue code, for the purpose of providing a cancer support group and services for persons with cancer, and all sales of any such property by or on behalf of any such organization for any such purpose; (bbbb) all sales of entry or participation fees, charges or tickets by Guadalupe health foundation, which is exempt from federal income taxation pursuant to section 501(c)(3) of the federal internal revenue code, for such organization’s annual fundraising event which purpose is to provide health care services for uninsured workers; and(cccc) all sales of tangible personal property or services purchased by or on behalf of wayside waifs, inc., which is exempt from federal income taxation pursuant to section 501(c)(3) of the federal internal revenue code, for the purpose of providing such org anization’s annual fundraiser, an event whose purpose is to supportthe care of homeless and abandoned animals, animal adoption efforts, education programs for children and efforts to reduce animal over-population and animal welfare services, and all sales of any such property, including entry or participation fees or charges, by or on behalf of such organization for such purpose. ; (dddd) all sales of tangible personal property or services purchased by or on behalf of Goodwill Industries or Easter Seals of Kansas, Inc., both of which are exempt from federal income taxation pursuant to section 501(c)(3) of the federal internal revenue code, for the purpose of providing

(continued)q Kansas Secretary of State 2009 

## Vol. 28, No. 22, May 28, 2009 New State Laws 834 

# Kansas Register

education, training and employment opportunities for people with disabilities and other barriers to employment; (eeee) all sales of tangible personal property or services purchased by or on behalf of All American Beef Battalion, Inc., which is exempt fromfederal income taxation pursuant to section 501(c)(3) of the federal internal revenue code, for the purpose of educating, promoting and participating as a contact group through the beef cattle industry in order to carry out such projects that provide support and morale to members of the United States armed forces and military services; and (ffff) all sales of tangible personal property and services purchased bysheltered living, inc., which is exempt from federal income taxation pursuant to section 501(c)(3) of the federal internal revenue code of 1986, and which such property and services are used for the purpose of providing residential and day services for people with developmental disabilities or mental retardation, or both, and all sales of any such property by or onbehalf of sheltered living, inc. for any such purpose; and all sales of tangible personal property or services purchased by a contractor for the purpose of rehabilitating, constructing, maintaining, repai ring, enlarging, furnishing or remodeling homes and facilities for sheltered living, inc. forany such purpose which would be exempt from taxation under the provisions of this section if purchased directly by sheltered living, inc. Nothing in this subsection shall be deemed to exempt the purchase of any construction machinery, equipment or tools used in the constructing, maintaining, repairing, enlarging, furnishing or remodeling such homes and facilities for sheltered living, inc. When sheltered living, inc. contracts for the purpose of rehabilitating, constructing, maintain ing, repairing, enlarging, furnishing or remodeling such homes and facilities, it shall obtain from the state and furnish to the contractor an exemption certificate for the project involved, and the contractor may purchase materials for incorporation in such project. The contractor shall furnish the number of such certificate to all suppliers from whom such purchases are made, andsuch suppliers shall execute invoices covering the same bearing the number of such certificate. Upon completion of the project the contractor shallfurnish to sheltered living, inc. a sworn statement, on a form to be provided by the director of taxation, that all purchases so made were entitledto exemption under this subsection. All invoices shall be held by the contractor for a period of five years and shall be subject to audi t by the director of taxation. If any materials purchased under such a certificate are found not to have been incorporated in the building or other project or not to have been returned for credit or the sales or compensating tax otherwise imposed upon such materials which will not be so incorporated in the building or other project reported and paid by such contractor to the director of taxation not later than the 20th day of the month following the close of the month in which it shall be determined that such materials will not be used for the purpose for which such certificate was iss ued, sheltered living, inc. shall be liable for tax on all materials purchased for the project, and upon payment thereof it may recover the same from the contractortogether with reasonable attorney fees. Any contractor or any agent, employee or subcontractor thereof, who shall use or otherwise dispose of any materials purchased under such a certificate for any purpose other than that for which such a certificate is issued without the payment of the sales or compensating tax otherwise imposed upon such materials, shall be guilty of a misdemeanor and, upon conviction therefor, shall be subject tothe penalties provided for in subsection (g) of K.S.A. 79-3615, and amendments thereto. Sec. 9. K.S.A. 2008 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 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 inspectionby the director, or the director’s 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 theretailer’s 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 substantiationby the director, either may prove that the transaction was not subject to tax by other means or obtain a fully completed exemption certificate from the purchaser, taken in good faith. Otherwise, the

sales shall be deemed to be taxable sales under this act. (b) The amount of tax imposed by this act is to be assessed within three years after the return is filed, and no proceedings incourt for the collection of such taxes shall be begun 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 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, no refund or credit shall be allowed by the director after three years one year 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, exceptas otherwise provided in K.S.A. 2008 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. 2008 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. 2008 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 inwriting 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 ofthe 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. 2008 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 basedupon 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 510days 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 forwhich 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 orthe 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 res pect to any refund exceeding $50,000, be paid in equal annual install-q Kansas Secretary of State 2009 

## Vol. 28, No. 22, May 28, 2009 New State Laws 835 

# Kansas Register

ments 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 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 beallowed 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. 10. K.S.A. 2008 Supp. 79-4502 is hereby amended to read as follows: 79-4502. As used in this act, unless the context clearly

indicates otherwise: (a) ‘‘Income’’ means the sum of adjusted gross income underthe Kansas income tax act, maintenance, support money, cash public assistance and relief, not including any refund granted under this act, the gross amount of any pension or annuity, including allmonetary retirement benefits from whatever source derived, including but not limited to, all payments received under the railroadretirement act, except disability payments, payments received under the federal social security act, except that for determination of what constitutes income such amount shall not exceed 50% of anysuch social security payments and shall not include any social security payments to a claimant who prior to attaining full retirement age had been receiving disability payments under the federal socialsecurity act in an amount not to exceed the amount of such disability payments or 50% of any such social security payments, whichever is greater, all dividends and interest from whatever source derived not included in adjusted gross income, workers compensation and the gross amount of ‘‘loss of time’’ insura nce. Income does not include gifts from nongovernmental sources or surplus food or other relief in kind supplied by a governmentalagency, nor shall net operating losses and net capital losses be considered in the determination of income. Income does not include veterans disability pensions. Income does not include disability payments received under the federal social security act. (b) ‘‘Household’’ means a claimant, a claimant and spouse who occupy the homestead or a claimant and one or more individuals not related as husband and wife who together occupy a homestead.(c) ‘‘Household income’’ means all income received by all persons of a household in a calendar year while members of such

household. (d) ‘‘Homestead’’ means the dwelling, or any part thereof, whether owned or rented, which is occupied as a residence by the household and so much of the land surrounding it, as defined as a home site for ad valorem tax purposes, and may consist of a part of a multi-dwelling or multi-purpose building and a part of the land upon which it is built or a manufactured home or mobile home and the land upon which it is situated. ‘‘Owned’’ includes avendee in possession under a land contract, a life tenant, a beneficiary under a trust and one or more joint tenants or tenants in

common. (e) ‘‘Claimant’’ means a person who has filed a claim under theprovisions of this act and was, during the entire calendar year preceding the year in which such claim was filed for refund under this act, except as provided in K.S.A. 79-4503, and amendments thereto, both domiciled in this state and was: (1) A person having a disability; (2) a person who is 55 years of age or older or (3) ; (3)a disabled veteran; (4) the surviving spouse of active duty military personnel who died in the line of duty; or (5) a person other than a person included under (1) or

, (2) , (3) or (4) having one or more dependent children under 18 years of age residing at the person’s homestead during the calendar year immediately preceding the year in which

a claim is filed under this act. The surviving spouse of a disabled veteran who was receiving benefits pursuant to subsection (e)(3) of this section at the time of the veterans’ death, shall be eligible to continue to receive benefits until such time the surviving spouse remarries. When a homestead is occupied by two or more individuals and more than one of the individuals is able to qualify as a claimant, the individuals may determine between them as to whom the claimant will be. If they are unable to agree, the matter shall be referred to the secretary of revenue whose decision shall be final. (f) ‘‘Property taxes accrued’’ means property taxes, exclusive of special assessments, delinquent interest and charges for service, levied on a claimant’s homestead in 1979 or any calendar yearthereafter by the state of Kansas and the political and taxing subdivisions of the state. When a homestead is owned by two or more persons or entities as joint tenants or tenants in common and one or more of the persons or entities is not a member of claimant’s household, ‘‘property taxes accrued’’ is that part of prope rty taxes levied on the homestead that reflects the ownership percentage of the claimant’s household. For purposes of this act, propert y taxes are ‘‘levied’’ when the tax roll is delivered to the local treasurer

with the treasurer’s warrant for collection. When a claimant and household own their homestead part of a calendar year, ‘‘property taxes accrued’’ means only taxes levied on the homestead whenboth owned and occupied as a homestead by the claimant’s household at the time of the levy, multiplied by the percentage of 12months that the property was owned and occupied by the household as its homestead in the year. When a household owns and occupies two or more different homesteads in the same calendar year, property taxes accrued shall be the sum of the taxes allocable to those several properties while occupied by the household as its homestead during the year. Whenever a homestead is an integral part of a larger unit such as a multi-purpose or multi-dwelling building, property taxes accrued shall be that percentage of the total property taxes accrued as the value of the homestead is of the total value. For the purpose of this act, the word ‘‘unit’’ refers to that parcel of property covered by a single tax statement of which the homestead is a part. (g) ‘‘Disability’’ means: (1) Inability to engage in any substantial gainful activity byreason of any medically determinable physical or mental impairment which can be expected to result in death or has lasted or can be expected to last for a continuous period of not less than 12months, and an individual shall be determined to be under a disability only if the physical or mental impairment or impairments are of such severity that the individual is not only unable to do the individual’s previous work but cannot, considering age, educationand work experience, engage in any other kind of substantial gainful work which exists in the national economy, regardless of

whether such work exists in the immediate area in which the individual lives or whether a specific job vacancy exists for the individual, or whether the individual would be hired if application was made for work. For purposes of the preceding sentence (withrespect to any individual), ‘‘work which exists in the national economy’’ means work which exists in significant numbers either in theregion where the individual lives or in several regions of the country; for purposes of this subsection, a ‘‘physical or mental impairment’’ is an impairment that results from anatomical, physiologicalor psychological abnormalities which are demonstrable by medically acceptable clinical and laboratory diagnostic techniques; or (2) blindness and inability by reason of blindness to engage in substantial gainful activity requiring skills or abilities comparableto those of any gainful activity in which the individual has previously engaged with some regularity and over a substantial period

of time. (h) ‘‘Blindness’’ means central visual acuity of 20 ⁄ 200 or less in the better eye with the use of a correcting lens. An eye which is accompanied by a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greaterthan 20 degrees shall be considered for the purpose of this paragraph as having a central visual acuity of 20 ⁄ 200 or less. (i) ‘‘Rent constituting property taxes accrued’’ means 15% of the gross rent actually paid in cash or its equivalent in 2007 or any taxable year thereafter by a claimant and claimant’s househ old solely for the right of occupancy of a Kansas homestead on which ad valorem property taxes were levied in full for that year. When a household occupies two or more different homesteads in the same calendar year, rent constituting property taxes accrued shallbe computed by adding the rent constituting property taxes accrued for each property rented by the household while occupied by the household as its homestead during the year. (j) ‘‘Gross rent’’ means the rental paid at arm’s length solely for the right of occupancy of a homestead or space rental paid to a landlord for the parking of a mobile home, exclusive of charges

(continued)q Kansas Secretary of State 2009 

## Vol. 28, No. 22, May 28, 2009 New State Laws/Index 836 

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for any utilities, services, furniture and furnishings or personal property appliances furnished by the landlord as a part of the rental agreement, whether or not expressly set out in the rentalagreement. Whenever the director of taxation finds that the landlord and tenant have not dealt with each other at arms length and that the gross rent charge was excessive, the director may adjust the gross rent to a reasonable amount for the purposes of the claim. (k) ‘‘Disabled veteran’’ means a person who is a resident of Kansas and has been honorably discharged from active service in any branch of the armed forces of the United States or Kansas national guard and who has been certified by the United States department of veterans affairs orits successor to have a 50% permanent disability sustained through military action or accident or resulting from disease contracted while in such

active service. Sec. 11. K.S.A. 2008 Supp. 79-15,253, 79-3230, 79-32,211, 79- 32,258, 79-3606, 79-3609 and 79-4502 are hereby repealed.

Sec. 12. This act shall take effect and be in force from and after its publication in the Kansas register.



### INDEX TO ADMINISTRATIVE

REGULATIONS

This index lists in numerical order thenew, 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 designatedwith a (T) in the Action column. This cumulative index supplements the 2006 Volumes and the 2008 Supplement of the Kansas Administrative Regulations

.

AGENCY 3: KANSAS STATE TREASURER

Reg. No. Action Register

3-3-1 Amended (T) V. 27, p. 1091 3-3-1 Amended V. 27, p. 1517 3-3-2 New (T) V. 27, p. 1091 3-3-2 New V. 27, p. 1517

AGENCY 4: DEPARTMENT OF

AGRICULTURE

Reg. No. Action Register

4-6-1 New V. 27, p. 1741 4-6-2 New V. 27, p. 1741 4-6-3 New V. 27, p. 1741 4-7-900 Amended V. 27, p. 1022 4-7-901 Revoked V. 27, p. 1022 4-7-902 Amended V. 27, p. 1022 4-7-903 Amended V. 27, p. 1023 4-7-904 Amended V. 27, p. 1023 4-13-1 Amended V. 27, p. 186 4-13-3 Amended V. 27, p. 187 4-13-9 Amended V. 27, p. 188 4-13-11 Revoked V. 27, p. 188 4-13-13 Amended V. 27, p. 188 4-13-20 Amended V. 27, p. 190 4-13-21 Amended V. 27, p. 191 4-13-22 Amended V. 27, p. 191 4-13-23 Amended V. 27, p. 191 4-13-24 Amended V. 27, p. 191 4-13-33 Amended V. 27, p. 191 4-13-40 Amended V. 27, p. 1023 4-13-41 Revoked V. 27, p. 1023 4-13-42 Revoked V. 27, p. 1023 4-13-60 Amended V. 27, p. 1023 4-13-61 Revoked V. 27, p. 1023 4-13-64 Amended V. 27, p. 1023 4-13-65 Amended V. 27, p. 1024 4-15-5 Amended V. 28, p. 690 4-15-11 Amended V. 27, p. 1024 4-15-12 Revoked V. 27, p. 1024 4-15-13 Amended V. 27, p. 1024 4-15-14 Amended V. 27, p. 1024 4-16-1a Amended V. 27, p. 1741 4-16-1c Amended V. 27, p. 1742 4-16-7a Amended V. 27, p. 1024 4-16-300 Amended V. 27, p. 1025 4-16-301 Revoked V. 27, p. 1025 4-16-302 Amended V. 27, p. 1025 4-16-303 Amended V. 27, p. 1025 4-16-304 Amended V. 27, p. 1025 4-16-305 Amended V. 27, p. 1025 4-17-300 Amended V. 27, p. 1026 4-17-301 Revoked V. 27, p. 1026 4-17-302 Amended V. 27, p. 1026 4-17-303 Amended V. 27, p. 1026 4-17-304 Amended V. 27, p. 1026 4-17-305 Amended V. 27, p. 1027 4-20-11 Amended V. 27, p. 1027 4-28-5 Amended V. 27, p. 1742

4-28-8 through 4-28-16 New V. 27, p. 191-195

AGENCY 5: DEPARTMENT OF

AGRICULTURE—DIVISION OF

WATER RESOURCES

Reg. No. Action Register

5-1-1 Amended V. 27, p. 1549 5-1-2 Amended V. 27, p. 1553 5-1-7 Amended V. 27, p. 1553 5-2-4 New V. 27, p. 1554 5-3-3 Amended V. 27, p. 1554 5-3-4 Amended V. 27, p. 1555 5-3-4a Amended V. 28, p. 241 5-3-5d Amended V. 27, p. 1555 5-3-16 Amended V. 27, p. 1555 5-4-2 New V. 27, p. 1556 5-5-6c New V. 27, p. 1556 5-5-13 Amended V. 27, p. 1556 5-5-14 Amended V. 27, p. 1557 5-6-2 Amended V. 27, p. 1557 5-6-5 Amended V. 27, p. 1557

5-9-1a through 5-9-1d New V. 27, p. 1557, 1558 5-14-3 Amended V. 28, p. 241 5-14-3a New V. 28, p. 242 5-14-10 Amended V. 27, p. 1558 5-40-24 Amended V. 27, p. 1438 5-45-1 Amended V. 27, p. 1439 5-45-4 Amended V. 27, p. 1440

5-45-19 through 5-45-23 New V. 27, p. 1441, 1442

AGENCY 7: SECRETARY OF STATE

Reg. No. Action Register

7-16-1 Amended V. 27, p. 1548 7-16-2 Amended V. 27, p. 1548 7-17-1 Amended V. 27, p. 965 7-17-4 Amended V. 27, p. 966 7-17-11 Amended V. 27, p. 966 7-17-19 Amended V. 27, p. 966 7-17-21 Amended V. 27, p. 966 7-17-22 Amended V. 27, p. 966 7-17-24 Amended V. 27, p. 967 7-21-1 Amended V. 27, p. 967 7-21-2 Amended V. 27, p. 967 7-21-3 Revoked V. 27, p. 967 7-21-4 New V. 27, p. 967 7-23-13 Revoked V. 27, p. 968 7-37-2 Revoked V. 27, p. 968 7-38-2 Revoked V. 27, p. 968

7-41-1 through 7-41-7 Amended V. 28, p. 193-195 7-41-8 Revoked V. 28, p. 195 7-41-9 Revoked V. 28, p. 195

7-41-10 through 7-41-17 Amended V. 28, p. 195, 196

7-41-18 through 7-41-29 Revoked V. 28, p. 196 7-41-30 Amended V. 28, p. 196 7-41-31 Revoked V. 28, p. 196 7-41-32 Amended V. 28, p. 196 7-41-33 Amended V. 28, p. 197 7-41-34 New V. 28, p. 197 7-41-35 New V. 28, p. 197 7-45-1 New V. 27, p. 968 7-45-2 New V. 27, p. 968

AGENCY 11: STATE CONSERVATION

COMMISSION

Reg. No. Action Register

11-6-1 through 11-6-6 New V. 27, p. 1633, 1634 11-12-1 Amended V. 27, p. 1374 11-12-2 Amended V. 27, p. 1375 11-12-3 Amended V. 27, p. 1376 11-12-4 Amended V. 27, p. 1377 11-12-6 Amended V. 27, p. 1377

AGENCY 14: DEPARTMENT OF REVENUE—

DIVISION OF ALCOHOLIC

BEVERAGE CONTROL

Reg. No. Action Register

14-8-6 Revoked V. 27, p. 1214 14-8-7 Amended V. 27, p. 1214 14-8-8 Revoked V. 27, p. 1214 14-8-12 Revoked V. 27, p. 1214 14-17-7 New V. 27, p. 1214

AGENCY 17: OFFICE OF THE

STATE BANK COMMISSIONER

Reg. No. Action Register

17-25-1 New V. 27, p. 356

AGENCY 19: GOVERNMENTAL ETHICS

COMMISSION

Reg. No. Action Register

19-20-4 Amended V. 27, p. 1020 19-20-5 New V. 27, p. 1021 19-27-2 Amended V. 27, p. 1021

AGENCY 22: STATE FIRE MARSHAL

Reg. No. Action Register

22-6-1 Amended V. 27, p. 1834 22-6-2 Revoked V. 27, p. 1834 22-6-3 Revoked V. 27, p. 1834 22-6-4 Revoked V. 27, p. 1834 22-6-5 Amended V. 27, p. 1834 22-6-6 Revoked V. 27, p. 1834 22-6-7 Revoked V. 27, p. 1835 22-6-8 Revoked V. 27, p. 1835 22-6-9 Amended V. 27, p. 1835 22-6-12 Amended V. 27, p. 1835 22-6-13 Revoked V. 27, p. 1835 22-6-14 Revoked V. 27, p. 1835

22-6-18 through 22-6-27 New V. 27, p. 1835-1837

AGENCY 26: DEPARTMENT ON AGING

Reg. No. Action Register

26-39-100 through 26-39-105 New V. 28, p. 615-623 26-39-144 Revoked V. 28, p. 623 26-39-243 Revoked V. 28, p. 649 26-39-278 Revoked V. 28, p. 649 28-39-427 Revoked V. 28, p. 649

26-41-101 through 26-41-106 New V. 28, p. 649-651

26-41-200 through 26-41-207 New V. 28, p. 652-657 26-42-101 New V. 28, p. 657 26-42-102 New V. 28, p. 658

## 837

Index to Regulations 

# Kansas Register

q Kansas Secretary of State 2009 

## Vol. 28, No. 22, May 28, 2009 26-42-104 New V. 28, p. 659 26-42-105 New V. 28, p. 659

26-42-200 through 26-42-207 New V. 28, p. 659-664

26-44-101 through 26-44-106 New V. 28, p. 664-667

26-43-200 through 26-43-207 New V. 28, p. 667-671

AGENCY 28: DEPARTMENT OF HEALTH

AND ENVIRONMENT

Reg. No. Action Register

28-1-20 Amended V. 27, p. 989 28-4-117 Amended V. 27. p. 990 28-4-120 Amended V. 27, p. 990 28-4-121 New V. 27, p. 990 28-4-122 Amended V. 27, p. 317 28-4-311 Amended V. 27, p. 317

28-4-312 through 28-4-317 Revoked V. 27, p. 317, 318 28-4-430 Amended V. 27, p. 991

28-4-800 through 28-4-825 New V. 27, p. 318-334 28-16-28g Amended V. 27, p. 779 28-23-16 Revoked V. 27, p. 191 28-32-1 Revoked V. 27, p. 247 28-32-2 Revoked V. 27, p. 247 28-32-4 Revoked V. 27, p. 247 28-32-5 Revoked V. 27, p. 247 28-32-6 Revoked V. 27, p. 247 28-32-7 Revoked V. 27, p. 247

28-32-8 through 28-32-14 New V. 27, p. 247-249

28-36-33 through 28-36-49 Revoked V. 27, p. 73

28-36-70 through 28-36-89 New V. 27, p. 73-87 28-38-18 Amended V. 27, p. 1742 28-38-19 Amended V. 27, p. 1743 28-38-21 Amended V. 27, p. 1743 28-38-22 Amended V. 27, p. 1744 28-38-23 Amended V. 27, p. 1744 28-38-29 Amended V. 27, p. 1745 28-39-145a Revoked V. 28, p. 623 28-39-146 Revoked V. 28, p. 623 28-39-147 Revoked V. 28, p. 623 28-39-148 Revoked V. 28, p. 623

28-39-240 through 28-39-253 Revoked V. 28, p. 672

28-39-275 through 28-39-288 Revoked V. 28, p. 672

28-39-425 through 28-39-436 Revoked V. 28, p. 672

28-53-1 through 28-53-5 Amended V. 28, p. 240, 241 28-59-5 Amended V. 27, p. 462 28-61-11 Amended V. 27, p. 464 28-73-1 Amended V. 28, p. 74

AGENCY 30: SOCIAL AND

REHABILITATION SERVICES

Reg. No. Action Register

30-5-78 Revoked V. 27, p. 1022 30-10-15a Revoked V. 27, p. 1345 30-10-15b Revoked V. 27, p. 1345 30-10-17 Revoked V. 27, p. 1345 30-10-18 Revoked V. 27, p. 1345 30-10-23a Revoked V. 27, p. 1346 30-10-23b Revoked V. 27, p. 1346 30-10-25 Revoked V. 27, p. 1346 30-10-26 Revoked V. 27, p. 1346 30-10-27 Revoked V. 27, p. 1346 30-10-200 Revoked V. 27, p. 1346 30-10-210 Revoked V. 27, p. 1346 30-63-32 New V. 27, p. 664 30-64-24 Revoked V. 27, p. 665

AGENCY 40: KANSAS INSURANCE

DEPARTMENT

Reg. No. Action Register

40-1-48 Amended V. 27, p. 1709 40-2-28 New V. 28, p. 273 40-3-30 Amended V. 28, p. 112 40-3-52 New V. 27, p. 133 40-4-37v New V. 28, p. 643 40-4-41 Amended V. 27, p. 434

40-4-41a through 40-4-41j Revoked V. 27, p. 434, 435 40-7-20a Amended V. 28, p. 604

AGENCY 44: DEPARTMENT OF

CORRECTIONS

Reg. No. Action Register

44-6-101 Amended V. 27, p. 1126 44-6-114e Amended V. 27, p. 1128 44-6-115a Amended V. 27, p. 1134 44-6-125 Amended V. 27, p. 1135

44-6-127 through 44-6-132 New V. 27, p. 1135-1138

AGENCY 49: DEPARTMENT OF LABOR

Reg. No. Action Register

49-45-1 Amended V. 27, p. 1466 49-45-2 Amended V. 27, p. 1466 49-45-3 Amended V. 27, p. 1466 49-45-4 Amended V. 27, p. 1466 49-45-4a Amended V. 27, p. 1466 49-45-5 Amended V. 27, p. 1466 49-45-6 Amended V. 27, p. 1466 49-45-7 Amended V. 27, p. 1467 49-45-8 Amended V. 27, p. 1467 49-45-9 Amended V. 27, p. 1467 49-45-20 Amended V. 27, p. 1467 49-45-28 Amended V. 27, p. 1467 49-45-29 Amended V. 27, p. 1467 49-45-29b New V. 27, p. 1467 49-45-31 Amended V. 27, p. 1467 49-45-34 Amended V. 27, p. 1467 49-45-35 Amended V. 27, p. 1467 49-45-37 Amended V. 27, p. 1467

AGENCY 60: BOARD OF NURSING

Reg. No. Action Register

60-1-103 Amended V. 27, p. 1603 60-1-104 Amended V. 27, p. 1603 60-2-101 Amended V. 27, p. 1604 60-2-102 Amended V. 27, p. 1605, 1670 60-2-104 Amended V. 27, p. 1606 60-2-105 Amended V. 28, p. 197 60-2-106 Amended V. 28, p. 197 60-2-107 Amended V. 27, p. 1606 60-2-108 Amended V. 27, p. 1607 60-3-106 Amended V. 27, p. 1607 60-3-106a Amended V. 27, p. 1608 60-3-113 New V. 27, p. 1608 60-3-114 New V. 27, p. 1608 60-7-111 New V. 27, p. 1609 60-9-105 Amended V. 28, p. 197 60-9-107 Amended V. 28, p. 198 60-13-103 Amended V. 28, p. 200 60-13-104 Amended V. 28, p. 200 60-15-101 Amended V. 28, p. 200 60-15-102 Amended V. 28, p. 201 60-15-104 Amended V. 28, p. 202

AGENCY 63: BOARD OF MORTUARY ARTS

Reg. No. Action Register

63-2-26 New V. 27, p. 108 63-4-1 Amended V. 27, p. 108

AGENCY 66: BOARD OF TECHNICAL

PROFESSIONS

Reg. No. Action Register

66-6-1 Amended V. 27, p. 315 66-6-4 Amended V. 27, p. 316 66-10-1 Amended V. 27, p. 317 66-11-5 Amended V. 28, p. 44 66-12-1 Amended V. 28, p. 44 66-14-1 Amended V. 28, p. 44 66-14-2 Amended V. 28, p. 45 66-14-3 Amended V. 28, p. 45 66-14-4 Revoked V. 28, p. 45 66-14-5 Amended V. 28, p. 45 66-14-7 Amended V. 28, p. 45

AGENCY 68: BOARD OF PHARMACY

Reg. No. Action Register

68-7-12b Amended V. 27, p. 1518 68-7-20 Amended V. 27, p. 435 68-11-2 Amended V. 27, p. 1518 68-16-3 Amended V. 28, p. 342 68-18-1 New V. 27, p. 1857 68-18-2 New V. 27, p. 1857 68-18-3 New V. 27, p. 1858 68-19-1 New V. 28, p. 342 68-20-23 New (T) V. 27, p. 1709 68-20-23 New V. 28, p. 192

AGENCY 69: BOARD OF COSMETOLOGY

Reg. No. Action Register

69-11-1 Amended V. 28, p. 298

AGENCY 71: KANSAS DENTAL BOARD

Reg. No. Action Register

71-9-1 through 71-9-4 New V. 27, p. 1878

71-10-1 through 71-10-4 New V. 27, p. 1879

AGENCY 74: BOARD OF ACCOUNTANCY

Reg. No. Action Register

74-4-7 Amended V. 28, p. 643 74-4-8 Amended V. 28, p. 644 74-4-9 Amended V. 27, p. 627 74-4-10 Amended V. 27, p. 627 74-5-2 Amended V. 28, p. 645 74-5-2a New V. 28, p. 646 74-5-101 Amended V. 28, p. 646 74-5-102 Amended V. 28, p. 646 74-5-103 Amended V. 28, p. 646 74-5-201 Amended V. 28, p. 646 74-5-202 Amended V. 28, p. 646 74-5-301 Amended V. 28, p. 647 74-5-302 Amended V. 28, p. 647 74-5-401 Amended V. 28, p. 647 74-5-403 Amended V. 28, p. 647 74-5-405a Amended V. 28, p. 647 74-5-406 Amended V. 28, p. 647 74-7-4 Amended V. 28, p. 648 74-11-6 Amended V. 28, p. 648

AGENCY 81: OFFICE OF THE

SECURITIES COMMISSIONER

Reg. No. Action Register

81-3-2 Amended V. 27, p. 1801 81-3-6 Amended V. 28, p. 606 81-5-7 Amended V. 27, p. 1156 81-5-14 Amended V. 28, p. 571 81-7-2 Amended V. 27, p. 1156 81-14-1 Amended V. 27, p. 1157 81-14-2 Amended V. 27, p. 1801 81-14-5 Amended V. 28, p. 610 81-14-9 Amended V. 27, p. 1163

AGENCY 82: STATE CORPORATION

COMMISSION

Reg. No. Action Register

82-3-107 Amended V. 27, p. 1518 82-3-108 Amended V. 27, p. 1519 82-3-111 Amended V. 27, p. 1520 82-3-135a Amended V. 27, p. 1521 82-3-135b Amended V. 27, p. 1521 82-3-138 Amended V. 27, p. 1521 82-3-402 Amended V. 27, p. 1521 82-4-30a Amended V. 27, p. 1020

AGENCY 86: REAL ESTATE COMMISSION

Reg. No. Action Register

86-3-19 Amended (T) V. 27, p. 1090 86-3-19 Amended V. 27, p. 1517 (continued)

## 838 Index to Regulations 

# Kansas Register

q Kansas Secretary of State 2009 

## Vol. 28, No. 22, May 28, 2009 86-3-30 New (T) V. 27, p. 1091 86-3-30 New V. 27, p. 1517

AGENCY 91: DEPARTMENT OF

EDUCATION

Reg. No. Action Register

91-1-200 Amended V. 27, p. 1027 91-1-201 Amended V. 27, p. 1028 91-1-203 Amended V. 27, p. 1030 91-1-204 Amended V. 27, p. 1034 91-1-205 Amended V. 27, p. 1036 91-1-207 Amended V. 27, p. 1037 91-1-209 Amended V. 27, p. 1037 91-1-210 Amended V. 27, p. 1038 91-1-220 Amended V. 27, p. 1038 91-1-221 Amended V. 27, p. 1040 91-19-1 Amended V. 27, p. 1041 91-19-6 Amended V. 27, p. 1041 91-40-1 Amended V. 27, p. 274 91-40-2 Amended V. 27, p. 279 91-40-3 Amended V. 27, p, 279 91-40-5 Amended V. 27, p. 280

91-40-7 through 91-40-12 Amended V. 27, p. 281-284 91-40-16 Amended V. 27, p. 285 91-40-17 Amended V. 27, p. 285 91-40-21 Amended V. 27, p. 286 91-40-22 Amended V. 27, p. 287

91-40-26 through 91-40-31 Amended V. 27, p. 287-289 91-40-33 Amended V. 27, p. 290 91-40-34 Amended V. 27, p. 290 91-40-35 Amended V. 27, p. 290 91-40-37 Revoked V. 27, p. 291 91-40-38 Amended V. 27, p. 291 91-40-39 Revoked V. 27, p. 291 91-40-41 Amended V. 27, p. 291 91-40-42 Amended V. 27, p. 291 91-40-42a New V. 27, p. 292 91-40-43 Amended V. 27, p. 293 91-40-44 Amended V. 27, p. 293 91-40-45 Amended V. 27, p 293 91-40-46 Amended V. 27, p. 294 91-40-48 Amended V. 27, p. 294 91-40-50 Amended V. 27, p. 294 91-40-51 Amended V. 27, p. 295

AGENCY 92: DEPARTMENT OF REVENUE

Reg. No. Action Register

92-12-114 New V. 27, p. 865

92-12-140 through 92-12-145 New V. 27, p. 866, 867 92-12-145 Amended V. 28, p. 604 92-19-70 Revoked V. 27, p. 868 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 92-52-14 New V. 27, p. 1214 92-52-15 New V. 27, p. 1214 92-52-16 New V. 27, p. 1215

AGENCY 94: COURT OF TAX APPEALS

Reg. No. Action Register

94-2-1 through 94-2-5 Amended (T) V. 27, p.1091-1093

94-2-1 through 94-2-5 Amended V. 27, p.1522-1524

94-2-8 through 94-2-16 Amended (T) V. 27, p. 1093-1095

94-2-8 through 94-2-16 Amended V. 27, p. 1524-1526 94-2-19 Amended (T) V. 27, p. 1095 94-2-19 Amended V. 27, p. 1527 94-2-20 Amended (T) V. 27, p. 1096 94-2-20 Amended V. 27, p. 1527 94-2-21 Amended (T) V. 27, p. 1096 94-2-21 Amended V. 27, p. 1528 94-3-1 Amended (T) V. 27, p. 1097 94-3-1 Amended V. 27, p. 1529 94-3-2 Amended (T) V. 27, p. 1098 94-3-2 Amended V. 27, p. 1529 94-4-1 Amended (T) V. 27, p. 1098 94-4-1 Amended V. 27, p. 1530 94-4-2 Amended (T) V. 27, p. 1098 94-4-2 Amended V. 27, p. 1530

Agency 97: COMMISSION ON

VETERANS’ AFFAIRS

Reg. No. Action Register

97-1-1 Revoked V. 28, p. 459 97-1-1a New V. 28, p. 459 97-1-2 Revoked V. 28, p. 460 97-1-2a New V. 28, p. 460 97-1-3 Revoked V. 28, p. 460 97-1-3a New V. 28, p. 460 97-1-4 Revoked V. 28, p. 460 97-1-4a New V. 28, p. 460 97-1-5 Revoked V. 28, p. 461 97-1-5a New V. 28, p. 461 97-1-6a New V. 28, p. 461 97-2-1 Revoked V. 28, p. 462 97-2-1a New V. 28, p. 462 97-2-2 Revoked V. 28, p. 462 97-2-2a New V. 28, p. 462

97-2-3 through 97-2-8 Revoked V. 28, p. 462 97-3-1 Revoked V. 28, p. 462 97-3-1a New V. 28, p. 462 97-3-2 Revoked V. 28, p. 462 97-3-2a New V. 28, p. 462 97-3-3 Revoked V. 28, p. 463 97-3-3a New V. 28, p. 463

97-3-4 through 97-3-9 Revoked V. 28, p. 463 97-4-1a New V. 28, p. 463

AGENCY 99: DEPARTMENT OF

AGRICULTURE—DIVISION OF

WEIGHTS AND MEASURES

Reg. No. Action Register

99-25-1 Amended V. 27, p. 108 99-25-5 Amended V. 28, p. 522 99-25-9 Amended V. 27, p. 108 99-25-11 New V. 27, p. 109 99-26-1 Amended V. 28, p. 522 99-27-2 Amended V. 27, p. 1019 99-27-3 Revoked V. 27, p. 1019 99-27-4 Amended V. 27, p. 1019 99-27-5 Amended V. 27, p. 1019

AGENCY 100: BOARD OF HEALING ARTS

Reg. No. Action Register

100-11-1 Amended (T) V. 27, p. 1602 100-11-1 Amended V. 28, p. 112 100-22-8 Revoked V. 27, p. 357 100-22-8a New V. 27, p. 357 100-28a-1 Amended (T) V. 27, p. 1602 100-28a-1 Amended V. 28, p. 112 100-28a-10 Amended V. 28, p. 572 100-29-7 Amended V. 27, p. 209 100-54-4 Amended V. 27, p. 209 100-55-4 Amended V. 27, p. 209 100-55-9 Amended V. 28, p. 572 100-69-1 Amended V. 27, p. 1672 100-69-2 Revoked V. 27, p. 1672 100-69-10 Amended V. 28, p. 572 100-72-1 Amended (T) V. 27, p. 1602 100-72-1 Amended V. 28, p. 112 100-72-7 Amended V. 28, p. 273 100-73-9 Amended V. 27, p. 315

AGENCY 102: BEHAVIORAL SCIENCES

REGULATORY BOARD

Reg. No. Action Register

102-1-8a New V. 28, p. 114 102-1-12 Amended V. 27, p. 407 102-2-7 Amended V. 27, p. 1801 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. 117 102-3-12a Amended V. 27, p. 1117 102-4-1a Amended V. 27, p. 1803 102-4-6a Amended V. 27, p. 1805 102-4-6b New V. 27, p. 1806 102-4-9b New V. 28, p. 117 102-4-10a Amended V. 27, p. 1806 102-4-12 Amended V. 27, p. 1120 102-5-9a New V. 28, p. 118 102-5-12 Amended V. 27, p. 1122 102-6-9a New V. 28, p. 118 102-6-12 Amended V. 27, p. 1124

AGENCY 105: BOARD OF

INDIGENTS’ DEFENSE SERVICES

Reg. No. Action Register

105-11-1 Amended (T) V. 27, p. 1233 105-11-1 Amended V. 27, p. 1838

AGENCY 109: BOARD OF

EMERGENCY MEDICAL SERVICES

Reg. No. Action Register

109-5-2 Amended V. 28, p. 574 109-5-3 Amended V. 28, p. 574 109-5-5 New V. 27, p. 1548 109-5-6 New V. 28, p. 575 109-6-3 Revoked V. 28, p. 575 109-15-1 New V. 28, p. 575 109-15-2 New V. 28, p. 576

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 by the Kansas Lottery from 2001 through 2003 can be found in the Vol. 22, No. 52, December 25, 2003 Kansas Register. A list of regulations filed by the Kansas Lottery from 2004 through 2005 can be found in the Vol. 24, No. 52, December 29, 2005 Kansas Register. A list of regulations filed by the Kansas Lottery from 2006 through 2007 can be found in the Vol. 26, No. 52, December 27, 2007 Kansas Register. The following regulations were filed after January 1, 2008:

Reg. No. Action Register

111-2-211 New V. 27, p. 992 111-2-212 New V. 27, p. 1559 111-2-213 New V. 27, p. 1560

111-2-214 through 111-2-218 New V. 28, p. 10, 11 111-2-216 Amended V. 28, p. 383 111-2-217 Amended V. 28, p. 383

111-2-219 through 111-2-223 New V. 28, p. 46, 47 111-4-2614 Amended V. 27, p. 964

111-4-2645 through 111-4-2656 New V. 27, p. 436-442

111-4-2657 through 111-4-2662 New V. 27, p. 992-996 111-4-2663 New V. 27, p. 1489

111-4-2664 through 111-4-2683 New V. 27, p. 1560-1570 111-4-2680 Amended V. 28, p. 11

111-4-2684 through 111-4-2702 New V. 27, p. 1634-1644

## 839

Index to Regulations 

# Kansas Register

q Kansas Secretary of State 2009 

## Vol. 28, No. 22, May 28, 2009 111-4-2695 Amended V. 27, p. 1709

111-4-2703 through 111-4-2710 New V. 27, p. 1672-1677

111-4-2711 through 111-4-2715 New V. 27, p. 1677-1680

111-4-2716 through 111-4-2726 New V. 27, p. 1709-1718

111-4-2727 through 111-4-2744 New V. 27, p. 1746-1761

111-4-2745 through 111-4-2754 New V. 28, p. 11-20

111-4-2755 through 111-4-2766 New V. 28, p. 47-55

111-4-2767 through 111-4-2779 New V. 28, p. 274-278 111-4-2781 New V. 28, p. 278 111-4-2782 New V. 28, p. 279 111-4-2783 New V. 28, p. 281 111-4-2784 New V. 28, p. 298

111-4-2785 through 111-4-2790 New V. 28, p. 342-346

111-4-2791 through 111-4-2799 New V. 28, p. 383-389

111-4-2800 through 111-4-2814 New V. 28, p. 516-522

111-5-23 through 111-5-28 Amended V. 28, p. 299-302 111-5-33 Amended V. 28, p. 303 111-5-81 Amended V. 27, p. 1490 111-5-83 Amended V. 27, p. 1490 111-5-84 Amended V. 27, p. 1491 111-5-90 Amended V. 27, p. 1491 111-5-127 Amended V. 27, p. 442 111-5-128 Amended V. 27, p. 443 111-5-132 Amended V. 27, p. 443

111-5-165 through 111-5-169 New V. 27, p. 1491-1493

111-5-170 through 111-5-174 New V. 28, p. 347, 348 111-7-80a Amended V. 28, p. 282

111-7-223 through 111-7-232 New V. 27, p. 1493-1495 111-7-223a New V. 27, p. 1762

111-7-233 through 111-7-237 New V. 28, p. 57, 58

111-7-238 through 111-7-242 New V. 28, p. 283, 284 111-9-152 New V. 27, p. 1762 111-9-153 New V. 28, p. 20 111-9-154 New V. 28, p. 21 111-9-155 New V. 28, p. 22 111-9-156 New V. 28, p. 390 111-14-4 New V. 28, p. 22 111-14-5 New V. 28, p. 23 111-14-6 New V. 28, p. 24 AGENCY 112: RACING AND

GAMING COMMISSION

Reg. No. Action Register

112-13-6 New V. 28, p. 376

112-100-1 through 112-100-7 New V. 27, p. 1378

112-101-1 through 112-101-16 New V. 28, p. 376-379

112-103-1 through 112-103-12 New V. 28, p. 376-382 112-103-15 New V. 28, p. 382 112-103-16 New V. 28, p. 382

112-104-1 through 112-104-33 New V. 27, p. 1378-1406

112-105-1 through 112-105-7 New V. 27, p. 1406-1408

112-106-1 through 112-106-7 New V. 27, p. 1408-1411 112-107-1 New V. 28, p. 424 112-107-2 New V. 28, p. 424 112-107-3 New V. 28, p. 424 112-107-5 New V. 28, p. 428 112-107-6 New V. 28, p. 428 112-107-7 New V. 28, p. 428 112-107-9 New V. 28, p. 429 112-107-10 New V. 28, p. 429 112-107-11 New V. 28, p. 430

112-107-13 through 112-107-32 New V. 28, p. 430-440 112-107-34 New V. 28, p. 441

112-110-1 through 112-110-13 New V. 28, p. 464-470

112-111-1 through
112-111-5 New V. 28, 470-472

112-112-1 through 112-112-9 New V. 27, p. 1411-1413 112-113-1 New V. 28, p. 382

112-114-1 through 112-114-6 New V. 28, p. 472

112-114-8 through 112-114-12 New V. 28, p. 472, 473 112-114-14 New V. 28, p. 473

AGENCY 115: DEPARTMENT OF

WILDLIFE AND PARKS

Reg. No. Action Register

115-2-1 Amended V. 27, p. 1704 115-2-3 Amended V. 27, p. 1264 115-2-3a Amended V. 27, p. 1705 115-2-5 Amended V. 27, p. 1265 115-4-1 Amended V. 28, p. 569 115-4-4 Amended V. 27, p. 403 115-4-4a Amended V. 27, p. 403 115-4-6 Amended V. 27, p. 109 115-4-6a Revoked V. 27, p. 112 115-4-13 Amended V. 27, p. 404 115-4-14 Revoked V. 27, p. 112 115-7-1 Amended V. 27, p. 1707 115-7-2 Amended V. 27, p. 1708 115-7-8 Amended V. 27, p. 405 115-7-9 Amended V. 27, p. 406 115-8-1 Amended V. 28, p. 571 115-8-9 Amended V. 27, p. 1265 115-8-10 Amended V. 27, p. 1265 115-8-13 Amended V. 27, p. 112 115-18-7 Amended V. 27, p. 406 115-18-21 New V. 27, p. 1708

AGENCY 117: REAL ESTATE

APPRAISAL BOARD

Reg. No. Action Register

117-1-1 Amended V. 28, p. 373 117-2-2a Amended V. 28, p. 373 117-3-2a Amended V. 28, p. 373 117-4-2a 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. 27, p. 357 117-7-1 Amended V. 28, p. 375 117-10-1 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 New V. 27, p. 1099 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 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 New V. 27, p. 1022 129-5-108 Amended V. 27, p. 1346 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

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