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 and 65-3015 

through 65-3020 and K.S.A. 65-3008a, 65-3008b and 65-3024 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 requires otherwise: 

 (a) "Air contaminant" means dust, fumes, smoke, 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 the 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 property, or would unreasonably interfere 

with the enjoyment of life or property, or would contribute to the formation of regional haze. 

 (d) "Alter" means any physical change in, or change in the method of operation of, an 

air contaminant emission stationary source which increases the amount of any regulated air 

pollutant emitted by such source or which results in the emission of any regulated air 

pollutant not previously emitted. 

 (e) "Emission" means a release into the outdoor atmosphere of air contaminants. 

 (f) "Deciview" means an atmospheric haze index that expresses changes in visibility 

conditions as defined in 40 C.F.R. 51.301 as in effect on July 1, 2005. 

 (g) "Facility" means any building, structure, machine, equipment, device or installation 

(or group of buildings, structures, machines, equipment, devices or installations), whether 

temporary or permanent, located on one or more contiguous 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 truck tractors unless otherwise required by the 

federal clean air act, as amended in November 1990. 

 (h) "Modify" or "modification," when used in 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 contaminant emission stationary source, "modify" 

shall have the same meaning as the term "alter." 

 (i) "Permittee" means the holder of an approval 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, partnership, firm, association, municipality, public or 

private corporation, subdivision or agency of the state or federal government, trust, estate or 

any other legal entity. 

 (k) "Regional haze" means visibility impairment, measured in deciviews, occurring over 

a large geographic area caused by the cumulative emissions 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 health 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 act 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 regulations 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 therewith, compel the attendance of 

witnesses and the production of evidence. 

 (c) 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 

proceedings. 

 (d) Require access to records relating to emissions which cause or contribute to air 

pollution. 

 (e) 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) Adopt rules and regulations governing such public notification and comment 

procedures as authorized by this act. 

 (g) Encourage voluntary cooperation by persons 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 Kansas air quality act in the units' respective 

jurisdictions. 

 (i) Encourage and conduct studies, investigations and research relating to air 

contamination and air pollution and their causes, effects, prevention, abatement and control. 

 (j) 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) 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) 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 other 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 or other funds or gifts from public and private 

entities, including the federal government, for the purpose of carrying out any of the functions 
Kansas Air Quality Law 3 

of this 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) Enter into contracts and agreements with 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 benefits for the prevention, abatement and 

control of air pollution in Kansas or in other states 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 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) 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. 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; employment of 

personnel; services. The secretary shall: 

 (a) Publish and enforce the rules, regulations and standards promulgated hereunder. 

The secretary shall furnish a copy of such rules, regulations 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, including 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 air contaminant sources which, in the 

secretary's judgment, may cause or contribute to air 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 designated area of the state, and shall be 

made with special reference to effects on health, economic and social factors, and physical 

effects on property. 

 (b) The secretary shall require air contaminant emission sources to monitor emissions, 

operating parameters, ambient impact of any source emissions or any other parameters 

deemed necessary by the secretary. The secretary may 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 the secretary require reporting shall make 

reports containing information as may be required by the secretary concerning location, size 

and height of contaminant outlets, processes employed, fuels used and the nature and time 

periods or duration of emissions, and such other information as is relevant to air pollution 

and available or reasonably capable of being assembled. History: L. 1967, ch. 347, § 7; L. 

1970, ch. 261, § 7; L. 1974, ch. 352, § 139; L. 1975, ch. 312, § 11; L. 1993, ch. 13, § 4; 

March 25. 
Kansas Air Quality Law 4 

65-3008. Approvals and permits for emission stationary sources. (a) No person shall 

construct, own, operate, install, alter or use any air contaminant emission stationary source 

which, in accordance with rules and regulations, the 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 applications for approvals and permits, and renewals 

thereof, under this act shall be accompanied by application fees and such plans, 

specifications, compliance plans or other information as the secretary deems necessary. 

Applications shall be submitted on forms provided by the secretary and shall be signed by a 

responsible official of the source, who shall certify 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 date unless a completed application form 

and any required fee are filed with the secretary on or before the expiration date of the 

approval or the permit. For purposes of this subsection, the secretary may specify by rule 

and regulation an amount of time prior to the expiration date of an operating permit by which 

a complete application form and any required fee must be filed with the secretary in order to 

be considered timely filed. The secretary may provide for a grace period by rule and 

regulation. 

 (e) The secretary may issue by rule and regulation a general approval or permit 

covering numerous similar sources. Any general approval or permit shall comply with all 

requirements applicable to approvals or permits under this act. Any source covered by a 

general approval or permit must apply to the secretary and receive authority to operate under 

the general approval or permit. 

 (f) The secretary may fix, charge and collect fees for approvals and permits, and the 

renewal thereof, to cover all or any part of the cost of administering the provisions of Kansas 

air quality act, other than K.S.A. 65-3027. The secretary shall adopt rules and regulations 

fixing such fees. The fees shall be deposited in the 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 county, 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 quality 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 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 issuance 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. 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 holder of the 
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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 to the agency record for 

judicial review and consist of the documentation submitted 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 permit, 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 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. 

History: L. 1993, ch. 13, § 6; L. 2006, ch. 79, § 1; April 13. 

65-3008b. Same; suspension, revocation, denial, modification, issuance. (a) The 

secretary may suspend or revoke an approval or a permit if the permittee has violated any 

provision of the approval or the permit, any provision of this act or any rule and regulation 

adopted under this act and applicable to the permitted source. 

 (b) As applicable to the source for which the approval or permit is sought, the secretary 

may deny an approval or permit, or a renewal thereof, 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 demonstrate 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, with 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 approval or a permit for cause. The 

secretary shall reopen a permit whenever requirements under this act become applicable to 

a permitted source and three or more years remain on 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 after the promulgation of the requirement 

by the United States environmental protection agency. 

 (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 days after the secretary's written decision to 

affirm, modify or reverse a permit decision pursuant 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 regulation 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 decision 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 permittee for an approval or permit modification, 

revocation or amendment, or the filing by the permittee of a notification of planned changes 

or anticipated noncompliance, does not stay any approval or permit condition. 

 (g) No permit shall be issued, modified, amended, revised or renewed unless the United 

States environmental protection agency has certified that such permit complies with the 

requirements of the federal clean air act, except that a permit may be issued if the United 

States environmental protection agency has not notified the secretary of the United States 

environmental protection agency's decision within 45 days after receipt of the proposed 

permit by such agency. 
Kansas Air Quality Law 6 

 (h) The secretary shall issue or deny the permit (including requests for modification or to 

reopen the permit): 

 (1) Within three years of the date the United States environmental protection agency 

approves the state permitting program pursuant to the provisions of the federal clean air act, 

as amended in November 1990, for permit applications 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 contaminant emission sources subject to that 

title; or 

 (3) within 18 months after receiving a complete application, in all other cases. 

 (i) Failure of the secretary to issue or deny the permit, or grant or deny a request to 

modify or reopen the permit, within the period stated in subsection (h) shall not result in the 

default issuance of a permit, permit amendment, permit modification or permit renewal nor 

shall such failure result in any other entity assuming 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 representatives who 

may enter and inspect any property, premise or place at any reasonable time for the purpose 

of investigating either an actual or possible source of air pollution or of ascertaining the state 

of compliance with this act and regulations in force 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 appropriate credentials; nor shall any person 

obstruct, hamper or interfere with any such inspection. If requested, the owner or operator of 

the premises shall receive a report setting forth levels 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 burning (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 accomplishment of the purposes of this act and in 

order to take necessary or desirable account of varying 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 program that is established pursuant to K.S.A. 

65-3016, as amended, shall be in compliance with the rules and regulations set forth for that 

area by the secretary. 

 (c) Variations from the requirements of subsection (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 hearing. 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 requirements concerned may, after public 

hearing, withdraw any approval previously given to a local requirement pursuant to this 

subsection. 

 (d) The secretary shall establish reasonable 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 division 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 necessary to correct the violation. Any order 

issued shall specify the length of time after receipt of the order during which the person must 

correct the violations. 

 (b) Any person to whom an order is issued pursuant 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 administrative 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 receipt of information that the emission of air 

pollution presents a substantial endangerment to the health of persons or to the 

environment; or (2) for an imminent or actual violation of this act, any rules and regulations 

adopted under this act, any orders issued under this 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 practice. Such order may include, with respect 

to a facility or site, temporary cessation of operation. 

 (2) Commencing an action to enjoin acts or practices specified in subsection (a) or 

requesting the attorney 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. 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 

compliance with the order of the secretary. Failure to obey the court order shall be 

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) 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 plant, 

building, structure, process or equipment may apply to the secretary for a variance from rules 

and regulations governing the quality, nature, duration or extent of emissions. The 
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application shall be accompanied by such information and data as the secretary may 

reasonably require. The secretary may grant such variance 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 regulations from which variance is sought would 

produce serious hardships without equal or greater benefits to the public. 

 (b) No variance shall be granted pursuant to this section except after public hearing on 

due notice and until the secretary has considered the relative interests of the applicant, other 

owners of property likely to be affected by the discharges, and the general public. 

 (c) Any variance or renewal thereof shall be granted within the requirements of 

subsection (a) and for time periods and under conditions consistent with the reasons 

therefor, and within the following limitations: 

 (1) If the variance is granted on the ground 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 prevention, abatement or control become known 

and available and subject to the taking of any substitute or alternate measures that the 

secretary may prescribe. 

 (2) If the variance is granted on the ground 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, must be spread over a considerable period 

of time, it shall be for a period not to exceed such 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 timetable. 

 (3) If the variance is granted on the ground 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 section may be renewed on terms and 

conditions and for periods which would be appropriate on initial granting of a variance. If 

complaint is made to the secretary on account of the variance, no renewal thereof shall be 

granted, unless following public hearing on the complaint on due notice, the secretary finds 

that renewal is justified. No renewal shall be granted except on application therefor. Any 

such application shall be made at least 60 days prior to the expiration of the variance. 

Immediately upon receipt of an application for renewal the secretary shall give public notice 

of such application in accordance with rules and regulations of the secretary. 

 (e) A variance or renewal shall not be a right of the applicant or holder thereof but shall 

be in the discretion of the secretary. Within 15 days after the secretary's written decision to 

grant or deny a variance or renewal thereof, the applicant 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 public hearing or who otherwise would 

have standing under K.S.A. 77-611, and amendments thereto, 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 variance 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 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 to the agency record for judicial review and consist of the 

documentation submitted to or developed by the secretary 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 
Kansas Air Quality Law 9 

written comments properly submitted to the secretary, 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 variance 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 the emergency provisions and procedures of 

K.S.A. 65-3012, and amendments thereto, to any person 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, § 18; March 25. 

65-3015. Records and information open; trade secret exception. (a) Except as provided 

in subsection (b), any records, reports or information obtained pursuant to this act shall be 

available to the public. 

 (b) Upon a showing satisfactory to the secretary by any person that records, reports or 

information, or a particular part thereof (other than emission data), to which the secretary has 

access under this act, if made public, would divulge methods or processes entitled to 

protection as trade secrets of such person under the 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, confidential, 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 out 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 issued 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. 1974, 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. 254, § 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 of 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 and 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 secretary, to establish a local air quality 

conservation authority: Provided, That no local air quality conservation authority shall 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 conservation authority hereunder. In approving or 

disapproving the formation of a local air quality conservation authority, the secretary shall 

determine: (1) The need for a local air quality conservation authority in the jurisdiction 

proposed; (2) the likely ability of the local air quality conservation authority, as proposed, to 

maintain satisfactory air quality in its jurisdiction; and (3) whether or not the jurisdiction of the 

proposed local air quality conservation authority completely contains the affected area. 

 Local air quality control authorities shall have authority to enforce the rules, regulations 

and standards adopted by the secretary and to establish 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 compliance 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 area within the jurisdiction of a local air 

quality conservation authority, the rules, regulations 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 over 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 mass of unsatisfactory quality and the 

respective local air quality control authorities, if such exist, are for any reason unable to 

agree upon a solution or settlement to such air quality 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 relating to 

the control of emissions from motor vehicles may permit or make appropriate, and in 

furtherance of the purposes of this act, the secretary may provide by rules and regulations 

for the control of emissions from motor vehicles. Such rules and regulations may prescribe 

requirements for the installation and use of equipment designed to reduce or eliminate 

emissions and for the proper maintenance of such equipment and of vehicles. Any rules or 

regulations pursuant to this section shall be consistent with provisions of federal law or 

regulations, if any, relating to control of emissions from the vehicles concerned. The 

secretary shall not require, as a condition precedent 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 from 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 violated any provision of K.S.A. 65-3025 and 

amendments thereto, may impose a penalty not to exceed $10,000 which shall constitute an 

actual and substantial economic deterrent to the violation for which it is assessed. In the 

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 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 committed 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 to 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 plants, 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 conclusively 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 ascribed 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 health and environment. 

 (c) "Person" means any individual, company, corporation, institution, municipality, 

township, county, state agency or federal agency. History: L. 1978, ch. 352, § 1; July 1. 

65-3022. Same; determining and monitoring of power generation facilities 

environmental impact; programs for; fees; rules and regulations. In order to defray 

costs in determining and monitoring the environmental impact of power generation facilities 

with respect to air quality and, in the case of nuclear powered generation facilities, the overall 

radiological impact thereof, the secretary is authorized and directed to adopt rules and 

regulations to provide for the establishment of fees and for the collection thereof from each 

such facility. Such fees shall be determined and collected annually, and such determination 

shall be based upon the size and type of such facilities. In establishing programs for 

determining and monitoring environmental impact, the 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 further the objectives of this act and to 

determine the extent and necessity of monitoring programs 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 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 power generating 

facility fee fund, which fund is hereby created. All expenditures from such fund shall be made 

in accordance with appropriation acts upon warrants of the director of accounts and reports 

issued pursuant to vouchers approved by the secretary. 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 annual emissions 

fees in amounts necessary to pay the direct and indirect 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 fees consistent with the need to cover the 
Kansas Air Quality Law 12 

direct and indirect costs of administering the program. 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 pollutant 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 state treasury the air quality fee fund. Revenue 

from the following sources shall be deposited in the 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 expended 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 governmental purposes. 

 (d) On or before the 10th of each month, the director of accounts and reports shall 

transfer from the state general fund to the air quality 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 money 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 reports 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 the following: 

 (a) Violate any provision of an order issued under this act. 

 (b) Violate any provision of an approval or permit issued under this act. 

 (c) Violate any provision of this act or any rule and regulation promulgated under this 

act, unless the secretary makes a determination relating to the permittee that the specified 

provisions referred to in such determination are not applicable to the source and the permit 

includes that determination or a concise summary thereof. 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 requirements 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 information 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 operate 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, inspection, sampling or examination or copying 

of records related to the purposes of this act by an 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 act or rules and regulations promulgated under 

this act. 

 (g) Knowingly make any false material statement, representation or certification in any 

application, record, report, permit or other document 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 every county shall file appropriate actions for 

enforcement of this section upon request of the secretary or upon the county or district 

attorney's own motion after consultation with the secretary. History: L. 1993, ch. 13, § 11; 

L. 1995, ch. 251, § 19; July 1. 

65-3027. Small business assistance program; compliance advisory panel. (a) There is 

hereby created the small business stationary source technical and environmental compliance 

assistance program, to be administered by the secretary. The program shall include each of 

the following: 

 (1) Adequate mechanisms for developing, collecting 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 prevention, including providing information 

concerning alternative technologies, process changes, products and methods of operation 

that help reduce air pollution. 

 (3) A designated office within the Kansas department of health and environment, 

reporting directly to the secretary, to serve as ombudsman for small business stationary 

sources in connection with implementation of this act. 

 (4) A compliance assistance program for small business stationary sources which 

assists small business stationary sources in determining applicable requirements and in 

receiving permits under this act in a timely and efficient manner. 

 (5) Adequate mechanisms to assure that small business stationary sources receive 

notice of their rights under this act in such manner and form as to assure reasonably 

adequate time for such sources to evaluate compliance 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 for 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 requests from a small business stationary source for 

modification of: (A) Any work practice or technological method of compliance; or (B) the 

schedule of milestones for implementing such work practice or method of compliance 

preceding any applicable compliance date, based on the technological and financial 

capability of any such small business stationary source. No such modification may be 
Kansas Air Quality Law 14 

granted unless it is in compliance with the applicable requirement of this act and rules and 

regulations promulgated hereunder. 

 (b) "Small business stationary source" means a stationary air contaminant emission 

source that: 

 (1) Is owned or operated by a person that employs 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 secretary, 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 regulated air contaminants. 

 (d) The secretary may exclude from the small business stationary source definition any 

category or subcategory of sources that the administrator of the United States environmental 

protection agency determines to have sufficient technical and financial capabilities to meet 

the requirements of the federal clean air act without the application of this program, as 

provided by section 507(c)(3)(A) of the 1990 amendments to the federal clean air act. 

 (e) The secretary, in consultation with the administrator of the United States 

environmental protection agency and the administrator of the United States small business 

administration and after providing notice and the opportunity for public hearing, may exclude 

from the small business stationary source definition any category or subcategory of sources 

that the secretary determines to have sufficient technical and financial capabilities to meet 

the requirements of the act without the application of this section. 

 (f) There is hereby created a compliance advisory 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 compliance assistance program, difficulties 

encountered and degree and severity of enforcement; 

 (2) make periodic reports to the administrator of the United States environmental 

protection agency concerning compliance of the small business stationary source technical 

and environmental compliance assistance program with 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 stationary sources to assure such information 

is understandable by the layperson; and 

 (4) have the small business stationary source 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 consist of: 

 (1) Two members who are not owners, or representatives of owners, of small business 

stationary sources, appointed by the governor to represent the general public; 

 (2) two members who are owners, or who represent owners, of small business 

stationary sources, one appointed by the speaker and one appointed by the minority leader 

of the Kansas house of representatives; 

 (3) two members who are owners, or who represent 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 to represent the department of health and 

environment. 

 (h) Members of the compliance advisory panel 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 leader of the house of representatives, the 

minority leader of the senate or the secretary of health 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 unexpired 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 the chairperson to serve in the absence of 

the chairperson. 

 (j) The secretary may reduce any fee required 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 Quality Statutes may 

contain typographical errors. The text contained herein is from 

the State of Kansas Legislature website. The following disclaimer 

is from that website: 

NOTICE 

The text of the Kansas Statutes is provided with the permission of the 

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

of Kansas has made every effort to create an accurate electronic 

representation of the Kansas Statutes. In some cases there may be 

minor discrepancies with the printed document. In those 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 emissions. .. . . . .. .. . . . .. .. . .. .. .. . . . .. . .. .. . . . .. .. . . . .. .. . .. . ... .. .. ... .... 812

Senate Substitute for Substitute for House Bill 2365, concerning taxation. .. . . . .. .. .. . .. .. . . . .. .. . .. . . . .. . . .. . .. .. . .. . .. . ...... ... .. 821

Index to administrative regulations.. .... . ... .. . ... . .. . . . .. .. .. . .. .. . . . .. .. . .. .. . .. .. .. . .. .. . .. .. .. . . . .. . .. .. . .. .. .. . .. . .. .. .. .. .. ... .. ..... ... 836
q Kansas Secretary of State 2009 Vol. 28, No. 22, May 28, 2009

788 Notice 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) of

2009 (Public Law 111-5). The Kansas Criminal Justice Coordinating Council (KCJCC) establishes the guidelines, in

accordance with the federal requirements, for the Federal

Recovery Act Edward Byrne Memorial Justice Assistance

Grant (Recovery Act-JAG). The Recovery Act-JAG program is authorized by 42 U.S.C. 3750-3758. The Recovery

Act-JAG Program Guidelines eligibility criteria must be

met by all organizations that receive Recovery Act-JAG

funds. These grant funds are awarded to units of state

and local government; Native American tribes; and nonprofit, community or faith-based organizations.

Funds from this grant program will be used to hire and

retain criminal justice personnel, as well as support other

strategies that create and preserve jobs and promote economic growth by improving the effectiveness and efficiency of criminal justice systems, processes and procedures. To receive grant funds to retain positions, there

must be written documentation that demonstrates the positions would otherwise be eliminated due to budget cuts.

The primary use of Recovery Act-JAG is to support the

following purpose areas: (1) law enforcement programs;

(2) prosecution and court programs; (3) prevention and

education programs; (4) corrections and community corrections programs; (5) drug treatment and enforcement

programs; (6) planning, evaluation and technology improvement programs; and (7) crime victim and witness

programs.

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 by

midnight 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. 037076
Vol. 28, No. 22, May 28, 2009 q Kansas Secretary of State 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). The

KCJCC and the Federal JAG Program Guidelines establish eligibility criteria that must be met by all organizations that receive JAG funds. These grant funds are

awarded to units of state and local government; Native

American tribes; and nonprofit, community and faithbased organizations.

The primary use of JAG is to support the following

purpose areas: (1) law enforcement programs; (2) prosecution and court programs; (3) prevention and education

programs; (4) corrections and community corrections

programs; (5) drug treatment programs; (6) planning,

evaluation and technology improvement programs; and

(7) crime victim and witness programs.

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 requests

comments 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 of

these projects or to make comments on the STIP amendment, contact the Kansas Department of Transportation,

Bureau of Program and Project Management, 2nd Floor

Tower, Eisenhower State Office Building, 700 S.W. Harrison, Topeka, 66603-3754, (785) 296-3526, fax (785) 368-

6664.

This information is available in alternative accessible

formats. To obtain an alternative format, contact the

KDOT Bureau of Transportation Information, (785) 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 during the period of May 28-June 4. Requests for accommodation to participate in committee meetings should be made 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 can

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. 037085
q Kansas Secretary of State 2009 Vol. 28, No. 22, May 28, 2009

790 Notice to Contractors Kansas Register

State of Kansas

Department of Transportation

Notice to Contractors

Sealed proposals for the construction of road and

bridge work in the following Kansas counties will be received at the Bureau of Construction and Maintenance,

KDOT, Topeka, or at the Eisenhower State Office Building, fourth floor west wing, 700 S.W. Harrison, Topeka,

until 1 p.m. 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 North

2nd 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-635

from 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 2.5

miles 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 to

U.S. 83 in Liberal, 0.7 mile, grading and surfacing. (Federal Funds)

Proposals will be issued upon request to all prospective

bidders who have been prequalified by the Kansas Department of Transportation on the basis of financial condition, available construction equipment and experience.

Also, a statement of unearned contracts (Form No. 284)

must be filed. There will be no discrimination against

anyone because of race, age, religion, color, sex, handicap

or national origin in the award of contracts.

Each bidder shall file a sworn statement executed by

or on behalf of the person, firm, association or corporation submitting the bid, certifying that such person, firm,

association or corporation has not, either directly or indirectly, entered into any agreement, participated in any

collusion, or otherwise taken any action in restraint of free

competitive bidding in connection with the submitted

bid.

This sworn statement shall be in the form of an affidavit

executed and sworn to by the bidder before a person who

is authorized by the laws of the state to administer oaths.

The required form of affidavit will be provided by the

state to each prospective bidder. Failure to submit the

sworn statement as part of the bid approval package will

make the bid nonresponsive and not eligible for award

consideration.

Plans and specifications for the projects may be examined at the office of the respective county clerk or at the

KDOT district office responsible for the work.

Deb Miller

Secretary of Transportation

Doc. No. 037082
Vol. 28, No. 22, May 28, 2009 q Kansas Secretary of State 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 that

existing new motor vehicle dealer has a franchise agreement for the same line-make vehicle as that which is to

be sold or offered for sale 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. Such

petitions 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 response

can 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 four

pages 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 by

the Secretary of Transportation, will conduct the discussions with the firms invited to the individual interview

conferences. The committee will select the firm to perform

the 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 engineering 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 Districts

One, 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 detailed

plans, 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 be

limited 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. 037068
q Kansas Secretary of State 2009 Vol. 28, No. 22, May 28, 2009

792 Meetings/Executive Appointments 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’s

12 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 in

some 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., Kansas

City, 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.
Vol. 28, No. 22, May 28, 2009 q Kansas Secretary of State 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 authority

vested with the state by the administrator of the U.S. Environmental Protection Agency, various draft water pollution control documents (permits, notices to revoke and

reissue, notices to terminate) have been prepared and/or

permit applications have been received for discharges to

waters of the United States and the state of Kansas for the

class of discharges described below.

The proposed actions concerning the draft documents

are based on staff review, applying the appropriate standards, regulations and effluent limitations of the state of

Kansas and the Environmental Protection Agency. The

final action will result in a Federal National Pollutant Discharge Elimination System Authorization and/or a Kansas Water Pollution Control permit being issued, subject

to certain conditions, revocation and reissuance of the

designated permit or termination of the designated permit.

Public Notice No. KS-AG-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 retention

structure 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

794 Notice 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 the

operation 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 for

the 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 comments

in writing to the Kansas Department of Health and Environment if they wish to have the comments considered

in the decision-making process. Comments should be

submitted to the attention of the Livestock Waste Management Section for agricultural-related draft documents

or applications, or to the Technical Services Section for all

other permits, at the Kansas Department of Health and

Environment, Division of Environment, Bureau of Water,

1000 S.W. Jackson, Suite 420, Topeka, 66612-1367.

All comments regarding the draft documents or application notices received on or before June 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 the

public notice period, the Secretary of Health and Environment will issue a determination regarding final

agency action on each draft document/application. If response to any draft document/application indicates significant public interest, a public hearing may be held in

conformance with K.A.R. 28-16-61 (28-46-21 for UIC).

All draft documents/applications and the supporting

information including any comments received are on file

and may be inspected at the offices of the Kansas Department of Health and Environment, Bureau of Water.

These documents are available upon request at the copying cost assessed by KDHE. Application information and

components of plans and specifications for all new and

expanding swine facilities are available on the Internet at

http://www.kdheks.gov/feedlots. Division of Environment offices are open from 8 a.m. to 5 p.m. Monday

through Friday, excluding holidays.

Roderick L. Bremby

Secretary of Health

and Environment

Doc. No. 037089
Vol. 28, No. 22, May 28, 2009 q Kansas Secretary of State 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 Environment

has received a post-closure plan from Abbott Laboratories (EPA ID KSD981495567) regarding a closed evaporation lagoon at its facility located at 6765 South Ridge

Road, 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 it

sold 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 facility

is monitored with oversight from the Environmental Protection Agency.

KDHE is asking for public input during the 30-day

comment 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 below

must be prequalified. Information regarding prequalification, projects and bid documents can be obtained by

calling (785) 296-8899 or by visiting www.da.ks.gov/fp/.

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. 037088
q Kansas Secretary of State 2009 Vol. 28, No. 22, May 28, 2009

796 Notices/Bond Sale 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 respects

subject to approval of a bond purchase agreement between the issuer and the purchaser of the bonds and the

passage of an ordinance and adoption of a resolution by

the governing body of the issuer authorizing the issuance

of the bonds and the execution of various documents necessary to deliver the bonds.

Dated May 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

(PM10), 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 at

the 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 review

the proposed permit and supporting documentation, contact Terry Tavener, (785) 296-1581, at the KDHE central

office; and to review the proposed permit only, contact

Ethel 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. The

written 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)

Bids

Subject 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 of

and interest on the bonds will be made. Individual purchases of bonds will be made in book-entry form only.

Purchasers will not receive certificates representing their

interest in bonds purchased. The bonds will be dated 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 210,000
Vol. 28, No. 22, May 28, 2009 q Kansas Secretary of State 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 Deposit

Each 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).

Delivery

The issuer will pay for printing the bonds and will deliver the same properly prepared, executed and registered to the facilities of the Depository Trust Company,

New York, New York, without cost to the successful bidder within 45 days after the date of sale.

Assessed Valuation and Indebtedness

The total assessed valuation of taxable tangible property in the city for the year 2008 is $232,240,843. The total

general obligation indebtedness of the issuer, following

the concurrent issuance of the bonds and the issuer’s

Temporary 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 the

city’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 which

Kansas 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 the

Purchasing 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 live

horse 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 to

purses 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

798 Regulations Kansas Register

(2) one-third based on the average percentage of each

breed’s Kansas-certified horses for the previous three calendar 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 and

implementing 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 the

trainee 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 is

on 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 facility

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-hour

course 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 employment

providing 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 established

by 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.
Vol. 28, No. 22, May 28, 2009 q Kansas Secretary of State 2009

Regulations 799 Kansas Register

(2) Each nurse aide course shall consist of a combination of didactic and clinical instruction. At least 50 percent

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 and

computer-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 application

form 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 nurse

with 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 care

unit of a hospital. Each course instructor shall have completed a course in teaching adults, shall have completed

a 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 the

course 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 shall

do 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 limited

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 aide

course 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 does

not 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 determined

not 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 specified

in 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, or

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

800 Regulations 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, normal

range 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 by

the 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 an

approved 90-hour nurse aide course or completed education or training that has been endorsed or deemed

equivalent 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 the

state 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, application

forms, 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 person

who 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 forward 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 constitute

a disability with regard to accommodations. An extended

testing 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 who

meets 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-
Vol. 28, No. 22, May 28, 2009 q Kansas Secretary of State 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 shall

be 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 form

shall 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

AN ACT 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, extraordinary

emergencies 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 governing

body 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 issued

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 prescribed 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 not

exceed 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 for

special education and related services is less than the amount appropriated for state aid for special education and related services

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 exercise

the 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

802 New State Laws 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 in

an 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 circulation

in 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 school

district 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 the

board 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 in

the 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 local

option 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 the

period 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 the

resolution 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, amounts

in 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 fund

attributable 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 fund

of 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 such

ratio. 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.
Vol. 28, No. 22, May 28, 2009 q Kansas Secretary of State 2009

New State Laws 803 Kansas Register

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

HOUSE BILL No. 2162

AN ACT 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 field

for 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 the

manner 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, diagnostic

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 assessments

with individuals, couples, families or groups and not less than 150

hours of clinical supervision, including not less than 50 hours of

person-to-person individual supervision, integrating diagnosis

and treatment of 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 requirements

under 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 application

to the board, payment of fees and completion of applicable continuing education requirements, shall be licensed as a licensed clinical

marriage 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 community

mental health center, its contracted affiliate or a state mental hospital or (ii) three years of clinical practice in other settings with

demonstrated experience in diagnosing or treating mental disorders; or

(C) attestation from one professional licensed to diagnose and

treat 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 specified

in the edition of the diagnostic and statistical manual of mental

disorders of the American psychiatric association designated by

the board by rules and regulations. When a client has symptoms

of 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 of

mental 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 or

person 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 a

mental 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

804 New State Laws 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 of

training; 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 and

regulations 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

AN ACT 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 to

read 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 training

and 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 appropriation

acts and as provided in this section. The superintendent and assistant superintendent shall be within the unclassified service 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 in

each case, upon termination of the term as superintendent or assistant superintendent, respectively, shall be returned to a rank not

lower 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, troopers 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 in

K.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 evidence

of 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 trooper

and 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, air

force 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 commissioners

in accordance with this section. The procedure for the election of

county 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 the
Vol. 28, No. 22, May 28, 2009 q Kansas Secretary of State 2009

New State Laws 805 Kansas Register

primary and general election for each county commissioner being

elected. 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 who

reside 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 adoption

of 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, one

county 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 office

of 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 of

four 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 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. 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 thereto,

when a vacancy occurs in the office of a member of the board of

county 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 before

May 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 elected

and 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 thereto,

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 commissioner districts or within 30 days of the date of the order of the

district court dividing the county into commissioner districts as

required 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 shall

be elected for two year terms and until their successors are qualified. Thereafter such members shall be elected to four year terms

and 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 amendments

thereto, 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 districts

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 possible,

but no such resolution which would effect a change in the number

of 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 electors

of 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 number

of 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 commissioners 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 Vol. 28, No. 22, May 28, 2009

806 New State Laws Kansas Register

(d) No change in the number of commissioner districts shall

become effective in any county within four years of the effective

date 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 thereto,

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 commissioners,

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 judge

of 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 political

or 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 means

including, 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 organization

sponsoring the same or the name of the individual who is responsible therefor.

The provisions of this subsection (C) subparagraph (D) requiring

the 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 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 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 or

disseminated 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 for

candidates 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 only

with 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 report

shall 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 advertising

agency, 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, candidate

committee, party committee or political committee, if the contribution is in excess of $100 and is not otherwise reported under

subsection (b)(7), and the amount, date and purpose of the contribution;
Vol. 28, No. 22, May 28, 2009 q Kansas Secretary of State 2009

New State Laws 807 Kansas Register

(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 shall

show 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 shall

itemize the purchase of tickets or admissions to testimonial events

by 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 or

admission. 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 committee

is required to be reported under subsection (b), the report shall

include the full name of the organization with which the political

committee is connected or affiliated or, a description of the connection to or affiliation with such organization. If, the committee

is not connected or affiliated with any one organization, the report

shall state the trade, profession or primary interest of the political

committee 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. Such

report shall be filed within five days after notice by the commission.

(h) For the purpose of any report required to be filed pursuant

to 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, the

Kansas-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 or

other 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 federal

agency, 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 or

political 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 faculty

member, 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 a

state educational institution pursuant to this section shall, at a minimum, include the information required by K.S.A. 46-229, and

amendments 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 educational

institution’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 Vol. 28, No. 22, May 28, 2009

808 New State Laws Kansas Register

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

HOUSE Substitute for SENATE BILL No. 168

AN ACT 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 for

salaries, 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 other

obligations 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 and

other amounts may be paid to the extent that resources are available therefor in the state treasury or shall be pended to be paid

when 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 federal

American 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 to

contractual 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 all

amounts 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

AN ACT concerning retirement and pensions; relating to the Kansas public employees retirement system and systems thereunder; 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 to

read 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 participating

employer 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 or

following 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, such

participating employer shall pay to the system the actuarially determined employer contribution and the statutorily prescribed employee contribution based on the retirant’s compensation during

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 was

employed 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 the

compensation 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, shall

include 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 make
Vol. 28, No. 22, May 28, 2009 q Kansas Secretary of State 2009

New State Laws 809 Kansas Register

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 shall

provide 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 the

legislature 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 elected

official which commences on or after July 1, 2000. Except as otherwise provided, commencing January 8, 2001, the provisions of

this subsection shall apply to members of the legislature. For determination of the amount of compensation paid pursuant to this

subsection, 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) of

K.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 subject

to 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. 74-4940

and 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 commencing

July 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 and

who 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 amendments thereto,

related to normal retirement, or, if they retired under the provisions of

subsection (4) of K.S.A. 74-4914, and amendments thereto, related 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 of 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 to

be 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 time

such 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 executive

director 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 presented

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%

(continued)
q Kansas Secretary of State 2009 Vol. 28, No. 22, May 28, 2009

810 New State Laws Kansas Register

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 surviving

spouse, who was receiving benefits pursuant to this section and

who had such benefits terminated by reason of such spouse’s remarriage, shall be entitled to once again receive benefits pursuant

to 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 student

as 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 shall

not 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 and

whose 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 and

no 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 deemed

permanent and shall not be subject to further medical examinations, except that if the board of trustees shall have reasonable

grounds 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 discontinuing 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. Any

disability 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 for

retirement 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 and

after 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 benefits

are 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 journeyman

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 day

trade, 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 to

1.75% 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 amendments

thereto, 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 the

beginning 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.
Vol. 28, No. 22, May 28, 2009 q Kansas Secretary of State 2009

New State Laws 811 Kansas Register

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 the

case 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 such

participating 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 shall

be 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 shall

accrue 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 contribution 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 the

system. 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 include

in 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 compensation

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 taxes

authorized 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 may

pay 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 levy

taxes 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 to

enable 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 subsequent

calendar 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 amount

of 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 rate

of 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 which

members 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 subsequent

calendar 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 immediately 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 more

than 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 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 2007, 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 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 of

Kansas, 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

(continued)
q Kansas Secretary of State 2009 Vol. 28, No. 22, May 28, 2009

812 New State Laws Kansas Register

be certified by the board as additional employer contributions for

the participating employers under K.S.A. 74-4931, and amendments thereto, to the division of budget and governor who shall

include in the budget each year thereafter provisions for the transfer from the state general fund of sufficient sums to satisfy this

obligation. 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 determining

contribution 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 of

any legislation enacted by the Kansas legislature, except the actuarial cost of K.S.A. 74-49,114a, and amendments thereto, shall be

in 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 fiscal

year 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, and

amendments 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 provisions

of K.S.A. 2008 Supp. 74-49,114b, and amendments thereto, for the

KPERS 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, and

amendments 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 provisions

of K.S.A. 2008 Supp. 74-49,114c, and amendments thereto, for the

KPERS 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, the

rates 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 board

may 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 due

under 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

AN ACT 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-hour

period 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 representing energy produced by renewable energy resources issued as part of a

program that has been approved by the state corporation commission.

(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.
Vol. 28, No. 22, May 28, 2009 q Kansas Secretary of State 2009

New State Laws 813 Kansas Register

New Sec. 3. (a) The commission shall establish by rules and

regulations 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 its

owned 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 for

each 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 or

outside 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 after

January 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 and

other provisions governing the imposition of administrative penalties assessed after a hearing held by the commission. Administrative 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 the

utility has not achieved full compliance with section 3, and amendments thereto. In imposing penalties, the commission shall have

discretion 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 a

first-come, first-served basis, until the total rated generating capacity of all net metered systems equals or exceeds one percent of

the 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 monthly

charges 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-generator 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 net

electricity 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 the

customer-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 against

the customer-generator’s energy consumption, expressed in kilowatt-hours, in subsequent months.

(continued)
q Kansas Secretary of State 2009 Vol. 28, No. 22, May 28, 2009

814 New State Laws Kansas Register

(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 applicable

safety, performance, interconnection and reliability standards established by the national electrical code, the national electrical

safety code, the institute of electrical and electronics engineers, underwriters laboratories, the federal energy regulatory commission

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 distribution 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 systems

less 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 thereto.

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 States

environmental 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 which

is 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 this

act, 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 or

greater 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 on

utilities, 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 property.

(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. Within

18 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 therefor,

the energy programs division of the state corporation commission

shall develop and increase the participation of school districts and

local governments in the facilities conservation improvements program pursuant to K.S.A. 75-37,125, and amendments thereto.

New Sec. 21. Within 18 months after the effective date of this

act, the secretary of administration shall adopt rules and regulations prescribing energy efficiency performance standards requiring that all new construction and, to the extent possible, renovated

state-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 buildings

and 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 generated

by 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 not

be 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 by

K.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 incorporated 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 customer

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’s

delivery 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 excess

electrical power which is generated by such customer’s energy producing system into the utility’s system. No such apparatus or de-
Vol. 28, No. 22, May 28, 2009 q Kansas Secretary of State 2009

New State Laws 815 Kansas Register

vice shall either cause damage to the utility’s system or equipment

or present an undue hazard to utility personnel. Every such contract shall include, but need not be limited to, provisions relating

to 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 not

less 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 the

option 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, the

utility 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 utility

system 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-owned

generator, 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 would

be 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 include

a 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 under

this 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 shall

not preclude the state corporation commission from approving net metering tariffs upon request of an electric utility for other methods of renewable

generation 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 proceedings.

(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 or

interlocal agencies, and the federal government, and with interested persons or groups.

(o) (15) Accept, receive and administer grants or other funds

or gifts from public and private entities, including the federal government, for the purpose of carrying out any of the functions of

this 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

(continued)
q Kansas Secretary of State 2009 Vol. 28, No. 22, May 28, 2009

816 New State Laws Kansas Register

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 federal 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 air

act. 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 legislature. 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 environmental

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 read

as 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 issuance 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 holder

of 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 to

the agency record for judicial review and consist of the documentation submitted 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 permit, 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 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 this

act, 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 the

attorney 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 compliance

with the order of the secretary. Failure to obey the court order shall

be 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) is

subject 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 electric

cooperatives 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 after

receipt 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.
Vol. 28, No. 22, May 28, 2009 q Kansas Secretary of State 2009

New State Laws 817 Kansas Register

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 cooperative’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 a

generation 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 any

one or more rate classes. The cooperative, within 21 days after receipt of the request, shall furnish to the customer the requested

names, 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 headquarters

and 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, either

before 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 this

act, 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 conservation

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 or

intangible, and any interest therein; and purchasing, leasing, trading, exchanging or otherwise acquiring real property or any inter-

(continued)
q Kansas Secretary of State 2009 Vol. 28, No. 22, May 28, 2009

818 New State Laws Kansas Register

est therein, and maintaining, holding, improving, mortgaging,

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 provide

financing 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 transmission

facilities; 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-way

for 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 accounts

relating 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 banking

institution within or without the state or in any depository authorized to receive such deposits, one or more persons to act as

custodians of the moneys of the authority, 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 power

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 such

utility’s assessment shall be based on the benefits the utility receives from the construction or upgrade, as determined by the state

corporation 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 take

into 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 manner

approved 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 transmission organizations, or their successors; and

(16) participating in and coordinating with the planning activities of the southwest power pool regional reliability organization,

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 authority, 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 the

legislature a written report of the authority’s activities for the preceding fiscal year. Such report shall include the report of any audit

conducted 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. No

such 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 or

useful 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 constructing

or 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 described

in 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 the

notice. 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 deemed

to 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 meetings

on 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 a

private 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 as

provided in subsection (b)(2) with respect to completion of performance of the acts, construction of the facilities or provision of

the 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, or
Vol. 28, No. 22, May 28, 2009 q Kansas Secretary of State 2009

New State Laws 819 Kansas Register

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 the

owner 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 electricity

generating 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 of

this 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 storage.

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 pursuant

to 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 commission, 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 storage

well, whether in existence on the effective date of this act or thereafter.

New Sec. 35. Within 18 months after the effective date of this

act, 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, in

the 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 except

after 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 of

compressed 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 in

accordance 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 from

the storage of compressed air over which the commission has jurisdiction pursuant to section 34, and amendments thereto. Such

representatives shall have the power to occupy such land if necessary to investigate and clean up such pollution or to investigate

and plug any such compressed air energy storage well. Any representative entering upon any land to investigate and clean up such

pollution 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 shall

be 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 purposes

of the compressed air energy storage act. Upon receipt of the remittance the state treasurer shall deposit the entire amount in the

state treasury and credit it to the fund. The commission is authorized to receive from any private or governmental source any funds

made 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-

(continued)
q Kansas Secretary of State 2009 Vol. 28, No. 22, May 28, 2009

820 New State Laws Kansas Register

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, compliance

monitoring, 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 accounts

and 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 storage 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 representative 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 into

underground 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 natural

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 prescribing limits of indebtedness.

(4) In the exercise of powers of local legislation and administration authorized under provisions of this section, the home rule

power 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 authorizing

exceptions for counties having adopted a charter for county government.

(9) No county may levy ad valorem taxes under the authority

of 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

thereto.
Vol. 28, No. 22, May 28, 2009 q Kansas Secretary of State 2009

New State Laws 821 Kansas Register

(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 derived.

(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 thereto.

(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 of

any 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 chapter

55 and chapter 65 of the Kansas Statutes Annotated, and amendments thereto, and any rules and regulations adopted pursuant

thereto. Counties may not require any license or permit for the

drilling 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 or

any 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 in

the 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 of

K.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 commissioners. If no statutory authority exists for such local legislation other

than 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 board

under 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 provided

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 settlement

agreement 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 courts

and 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 the

application thereof to any person shall be held invalid, such invalidity shall not affect the validity of the remaining portions of

this act.

Sec. 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

AN ACT 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-

(continued)
q Kansas Secretary of State 2009 Vol. 28, No. 22, May 28, 2009

822 New State Laws Kansas Register

ity to equitably resolve any assessment resulting from an audit, or

any 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 any

such 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 as

computed prior to the allowance of any such credit or credits. Except as otherwise provided by subsections (c) and (d), the amount

of 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, 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 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) of

K.S.A. 79-32,160a, and amendments thereto, by a taxpayer qualified and certified under the provisions of K.S.A. 74-50,131, and

amendments 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 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.

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 land

at 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 such

taxes 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 is

claimed 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 in

writing 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 upon

may 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 agency

of 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 copy

of 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 proceedings

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-
Vol. 28, No. 22, May 28, 2009 q Kansas Secretary of State 2009

New State Laws 823 Kansas Register

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 the

income, 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 to

25% 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 to

30% 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 pursuant

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 tax

credit 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 preservation

of 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 partners

of 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 earned

pursuant 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 production 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 film

production 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 for

deduction 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 credit

shall 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 effect

under 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 corporation,

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 entity.

(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 conformity

with 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

(continued)
q Kansas Secretary of State 2009 Vol. 28, No. 22, May 28, 2009

824 New State Laws Kansas Register

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 expenditures 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 approval

of 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 subject

to 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 taxed

pursuant to K.S.A. 65-34,150, and amendments thereto, and gross

receipts from regulated sports contests taxed pursuant to the Kansas professional regulated sports act, and amendments thereto;

(b) all sales of tangible personal property or service, including

the renting and leasing of tangible personal property, purchased

directly by the state of Kansas, a political subdivision thereof, other

than a school or educational institution, or purchased by a public

or 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 provisions

of this act and such items of tangible personal property or service

are 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, purchased

directly by a public or private elementary or secondary school or

public 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 such

purposes. 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 purchased

by 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 constructed 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 purchased

by 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 amendments

thereto, 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 and

79-3640, 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 the

purpose 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 hospital or

public hospital authority, public or private elementary or secondary school, public or private nonprofit educational institution, state

correctional institution including a privately constructed 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 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 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 to

contractors pursuant to rules 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. 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 the

contractor 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 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;

(e) all sales of tangible personal property or services purchased

by a contractor for the erection, repair or enlargement of buildings

or 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 United

States, 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 exemption

certificate for the project involved, and the contractor may purchase materials for incorporation in such project. The contractor
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New State Laws 825 Kansas Register

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 instrumentalities

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 to

rules 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 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;

(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 replacement

parts 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, dining

car, 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 property,

services, substances or things, except isolated or occasional sale of

motor 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 an

ingredient 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 number

for 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 consumed

in 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 process,

the providing of services or the irrigation of crops for ultimate sale

at retail within or without the state of Kansas; and any purchaser

of such property may obtain from the director of taxation and furnish to the supplier an exemption certificate number for tangible

personal 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 by

K.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 than

food and food ingredients, dietary supplements or alcoholic beverages, recognized in the official United States pharmacopoeia, 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 dialysis

equipment, 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 with

normal 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 replacement

parts for same worn on or in the body to artificially replace a missing portion of the body, prevent or correct physical deformity or

malfunction or support a weak or deformed portion of the body;

(s) except as provided in K.S.A. 2008 Supp. 82a-2101, and

amendments 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 et

seq. 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 therefor

and 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 a

bed 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 farming

equipment 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-

(continued)
q Kansas Secretary of State 2009 Vol. 28, No. 22, May 28, 2009

826 New State Laws Kansas Register

assisted farming, ranching or aquaculture production operations:

Soil testing sensors, yield monitors, computers, monitors, software,

global positioning and mapping systems, guiding systems, modems, 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 machinery

and 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 persons

over 60 years of age and to homebound disabled persons or to be

served 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 part

of a private nonprofit food service project available to all such elderly or disabled persons residing within an area of service designated 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 organization for any such purpose;

(w) all sales of natural gas, electricity, heat and water delivered

through 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 delivered

through 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 noncommercial

use 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 States;

(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. 74-50,115

and amendments thereto, and the sale and installation of machinery and equipment purchased for installation at any such business

or 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 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. Any contractor

or any agent, employee or subcontractor thereof, who shall use or

otherwise 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 skilled

nursing 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, ‘‘durable

medical 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 systems;

(ii) all sales of tangible personal property purchased directly

by a nonprofit organization for nonsectarian comprehensive multidiscipline youth development programs and activities provided

or 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 customarily

used for human habitation purposes;

(jj) all sales of tangible personal property or services, including

the renting and leasing of tangible personal property, purchased

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 all

sales 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 or

center. 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 integrated
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New State Laws 827 Kansas Register

production operation by a manufacturing or processing plant or

facility;

(B) all sales of installation, repair and maintenance services

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 different

form, 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 where

the 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 or

processing 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 property to be ultimately sold at retail. Such term shall not include any

facility 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 processing

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) Industrial

manufacturing or processing operations include, by way of illustration but not of limitation, the fabrication of automobiles, airplanes, machinery or transportation equipment, the fabrication of

metal, 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, ground,

milled, screened, washed, or otherwise treated or prepared before

its transmission to a refinery or before any other wholesale or retail

distribution. (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 processing,

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 do

not 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 dress

livestock 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 all

parts 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 facility;

(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 undergoing

manufacturing or processing or the finished product, as a necessary part of the manufacturer’s integrated production operations;

(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 processing

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 operations;

(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 the

plant 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 production

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 of

an 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 and

equipment 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 property

sold for the purpose of fabricating such fixtures, devices, facilities

and foundations. An exemption certificate for such purchases shall

be signed by the manufacturer or processor. If the fabricator purchases such material, the fabricator shall also sign the exemption

certificate; 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).

(continued)
q Kansas Secretary of State 2009 Vol. 28, No. 22, May 28, 2009

828 New State Laws Kansas Register

(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 equipment

used for plant security, fire prevention, first aid, accounting, administration, record keeping, advertising, marketing, sales or other

related 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 equipment

not 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 manufacturing

operation, 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 that

is 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 for

nonproduction 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 organized for

the purpose of encouraging, fostering and conducting programs

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 the

exploration 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 nonprofit

organization 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 purchased 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 any

of 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 in

emergency 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 purpose

of 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. for

the purpose of eliminating diabetes through medical research, public education focusing on disease prevention and education, patient

education 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 research,

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 medical

research 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 of

providing training, employment and activities for adults with developmental disabilities;

(10) the Cystic Fibrosis Foundation, Heart of America Chapter,

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 limited

to, 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 young

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;
Vol. 28, No. 22, May 28, 2009 q Kansas Secretary of State 2009

New State Laws 829 Kansas Register

(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 dogs

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 cooperation;

(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 income

taxation 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 services

purchased by a contractor for the purpose of constructing, equipping, reconstructing, maintaining, repairing, enlarging, furnishing

or 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 such

zoo. Nothing in this subsection 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 nonprofit

zoo. 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 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 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 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 nonprofit zoo

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 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;

(yy) all sales of tangible personal property and services purchased by a parent-teacher association or organization, and all

sales 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 communications

commission, 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 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 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 or

tools used in the constructing, equipping, reconstructing, maintaining, repairing, enlarging, furnishing or remodeling facilities for

any such organization. When any 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 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 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

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 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 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

(continued)
q Kansas Secretary of State 2009 Vol. 28, No. 22, May 28, 2009

830 New State Laws Kansas Register

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 of

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 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 to

section 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 community

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 health

center 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 provisions

of this section if purchased directly by such clinic or center. Nothing in this subsection 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 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 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 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 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 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;

(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 II

or 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 thereto;

(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 a

warehouse 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 replacement

parts 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 handling

and 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 purchased 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 are

member agencies of the Kansas coalition against sexual and domestic violence;

(iii) all sales of personal property and services purchased by

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 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 for

the 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 this

subsection 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. When

any 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 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 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 the
Vol. 28, No. 22, May 28, 2009 q Kansas Secretary of State 2009

New State Laws 831 Kansas Register

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 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 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

of 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 refund

fund 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 a

prescription 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 not

intended 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 providing year-round sports training and athletic competition in a variety

of olympic-type sports for individuals with intellectual disabilities

by 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 provided 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 internal

revenue code, for the purpose of providing psycho-social-biological and special education services to children, and all sales of any

such 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 and

Sunrise 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 and

families 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 referred

to as TLC, 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 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 property

by or on behalf of TLC 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 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 purchase

of 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 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 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 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 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, TLC 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 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;

(rrr) all sales of tangible personal property and services purchased 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 county

law 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 purchased by catholic charities or youthville, hereinafter referred to as

charitable family providers, 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 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 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 Vol. 28, No. 22, May 28, 2009

832 New State Laws 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 tools

used in the constructing, maintaining, repairing, enlarging, furnishing or remodeling such facilities for charitable family providers. When charitable family providers contracts for the 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 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 charitable family providers 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, 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 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;

(ttt) all sales of tangible personal property or services purchased 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. When

any such nonprofit museum shall contract for the purpose of restoring, constructing, equipping, reconstructing, maintaining, repairing, enlarging, furnishing or remodeling a home or facility, 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 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 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 nonprofit museum 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 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 of

providing 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 on

behalf 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 any

construction machinery, equipment or tools used in the constructing, maintaining, repairing, enlarging, furnishing or remodeling

such facilities for KCSL. When KCSL contracts for the 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 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 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 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, KCSL 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 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;

(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 corporation

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 exempt
Vol. 28, No. 22, May 28, 2009 q Kansas Secretary of State 2009

New State Laws 833 Kansas Register

from federal income taxation pursuant to section 501 (c)(3) of the

federal internal revenue code, for the purpose of providing education support for students, and all sales of any such property 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 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 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, equipment

or tools used in the constructing, equipping, reconstructing, maintaining, repairing, enlarging, furnishing or remodeling facilities for

any such organization. When any 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 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 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 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 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 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 the

provisions 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 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 refund fund upon warrants

of 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 purchased by TLC charities foundation, inc., hereinafter referred to as

TLC charities, 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 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 such

purpose 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 any

construction machinery, equipment or tools used in the constructing, maintaining, repairing, enlarging, furnishing or remodeling

such facilities for TLC charities. When TLC charities contracts for

the 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 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 TLC charities 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 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 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 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;

(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 internal

revenue 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 federal

internal 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 organization’s annual fundraiser, an event whose purpose is to support

the 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

834 New State Laws 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 from

federal 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 by

sheltered 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 on

behalf 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, repairing, enlarging,

furnishing or remodeling homes and facilities for sheltered living, inc. for

any 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, maintaining, 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, 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 sheltered living, inc. 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, 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 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.

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 inspection

by 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 the

retailer’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 substantiation

by 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 in

court 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, except

as 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 in

writing with the taxpayer consenting to the extension of the periods of limitations for the assessment of tax or for the filing of a

claim for refund, at any time prior to the expiration of the period

of limitations. The period so agreed upon may be extended by

subsequent agreements in writing made before the expiration of

the period previously agreed upon. In consideration of such agreement or agreements, interest due in excess of 48 months on any

additional tax shall be waived.

(d) Interest at the rate prescribed by K.S.A. 79-2968, and

amendments thereto, shall be allowed on any overpayment of tax

computed from the filing date of the return claiming the refund,

except that no interest shall be allowed on any such refund if the

same is paid within 120 days after the filing date of the return

claiming the refund or the date of payment, whichever is later,

provided that such return or refund claim satisfies the requirements specified by K.S.A. 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 based

upon the provisions of subsection (kk) of K.S.A. 79-3606 in existence prior to its amendment by this act which is without dispute

shall be allowed, but, with respect to any claim exceeding $10,000,

the refund associated therewith shall not be paid until after 510

days from the date such claim was filed and shall not include interest from such date. As used in this subparagraph, a claim for

refund without dispute shall not include any claim the basis for

which is a judicial or quasi-judicial interpretation of such subsection occurring after the effective date of this act.

(B) Any refund of tax resulting from a final determination or

adjudication with regard to any claim submitted or to be submitted

for refund of tax imposed by the Kansas retailers’ sales tax act or

the Kansas compensating tax act based upon the provisions of subsection (kk) of K.S.A. 79-3606 in existence prior to its amendment

by this act not described by subparagraph (A) shall, with respect

to any refund exceeding $50,000, be paid in equal annual install-
Vol. 28, No. 22, May 28, 2009 q Kansas Secretary of State 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 be

allowed for tax paid prior to the effective date of this act. The provisions of this subsection shall not be applicable to Water District

No. 1 of Johnson county.

Sec. 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 under

the 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 all

monetary retirement benefits from whatever source derived, including but not limited to, all payments received under the railroad

retirement 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 any

such 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 social

security 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’’ insurance.

Income does not include gifts from nongovernmental sources or

surplus food or other relief in kind supplied by a governmental

agency, 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 a

vendee 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 the

provisions 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 year

thereafter 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 property taxes

levied on the homestead that reflects the ownership percentage of

the claimant’s household. For purposes of this act, property 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 when

both owned and occupied as a homestead by the claimant’s household at the time of the levy, multiplied by the percentage of 12

months 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 by

reason 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 12

months, 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, education

and 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 (with

respect to any individual), ‘‘work which exists in the national economy’’ means work which exists in significant numbers either in the

region 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, physiological

or 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 comparable

to 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 greater

than 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 household

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 shall

be 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

836 New State Laws/Index Kansas Register

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 rental

agreement. 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 or

its 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 the

new, amended and revoked administrative regulations and the volume and page

number of the Kansas Register issue in

which more information can be found.

Temporary regulations are designated

with a (T) in the Action column. This cumulative index supplements the 2006 Volumes and the 2008 Supplement of theKansas 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
Index to Regulations 837 Kansas Register

Vol. 28, No. 22, May 28, 2009 q Kansas Secretary of State 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
Index to Regulations 839 Kansas Register

Vol. 28, No. 22, May 28, 2009 q Kansas Secretary of State 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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