Appendix 2.1 

Summary of Legal Authority, Public Participation Process, 

and Public Comments and Responses on SIP Drafts 
Appendix 2.1 Summary of Legal Authority, Public Participation Process, and 

Public Comments and Responses on SIP Drafts 

Response to Comments Received During Public Notice 

Comments and Responses from First Comment Period (7/17/2008 – 8/20/2008)

The Bureau of Air and Radiation of the Kansas Department of Health and Environment 

conducted a public hearing in accordance with a notice published on July 17, 2008, in the 

Kansas Register, as well as in local newspapers. This public hearing was conducted to 

receive public comment on the update to the State of Kansas State Implementation Plan 

(SIP) to address visibility impairment in federal Class I areas. This SIP update will satisfy 

the requirements of Section 169 of the Clean Air Act (CAA). 

Following is the summary of the comments, with responses to each describing the State’s 

response to the respective comment, including, where applicable, notation of changes 

made to the draft document. 

Ms. Parthenia Evans, Attorney with Stinson Morrison Hecker LLP, representing the 

Kansas City Board of Public Utilities submitted the following written comments on 

August 20, 2008. 

Introduction: The Kansas City Board of Public Utilities (BPU) made many specific 

comments on the KDHE Regional Haze State Implementation Plan (SIP) that was public 

noticed on July 17, 2008. KDHE has prepared specific responses to those comments that 

addressed the department’s legal authority to implement a Regional Haze SIP and 

whether the contents of the SIP constituted an administrative regulation. They are 

addressed in the response to comment 1. 

The remaining BPU comments were technical in nature and pertained to the BPU 

Nearman facility. The bulk of these comments will be addressed here due to the decision 

to remove this specific source from further BART analysis. This decision does not 

indicate that the agency concurs with the technical comments offered by BPU that 

question the process used to conduct further analysis on whether and to what extent, the 

Nearman facility contributes to visibility impairment at Class 1 areas. The use of 

photochemical models such as CAMx to make contribution determinations will be used 

in subsequent Regional Haze SIPS and potentially in the mid-term five year evaluation 

required by the federal Regional Haze regulations. 

The decision to not require NOx and SOx reductions from the Nearman facility is based 

on several factors. The Department will require NOx reductions at the Nearman facility in 

a regulation that is being promulgated pursuant to the triggering of contingency measures 

contained in the Kansas City 8-hour ozone maintenance plan. The level of control will be 

similar to what would have been achieved through the BART process. The NOx controls 

will be required to be installed at an earlier date than through the BART process. A 

second factor that led to this decision is the uncertainty surrounding Regional Haze SIP 
approvals for states that are in the region that were subject to the Clean Air Interstate 

Rule (CAIR). Prior to its’ original vacatur and subsequent remanding back to EPA for 

revisions, states with Class 1 areas were relying upon reductions from CAIR to achieve 

reasonable progress. Missouri and Oklahoma fall into these categories. The Department 

will revisit the issue of SOx controls on the Nearman facility during the 5-year review at a 

time when the CAIR issue will hopefully be resolved. Should KDHE choose to pursue 

Regional Haze controls on BPU source(s) at a later date, the Department fully intends to 

use the most scientifically accurate and available tools at its disposable to ensure controls 

are warranted and effective. It is quite likely any further analysis will include 

photochemical modeling, including CAMx or other similar photochemical models. 

Comment 1: Commenter suggests that this SIP revision constitutes a rule and regulation 

subject to the Kansas Statutes governing the promulgation of regulations and judicial 

review and civil enforcement of agency actions. Commenter asserts that as an entity 

regulated under the Kansas Air Quality Act and Federal Clean Air Act, BPU has standing 

to comment and to later challenge this proposed SIP revision. 

Response 1: A State Implementation Plan consists of documents, prepared by states and 

subject to EPA approval, which identify the actions and programs the states will take to 

implement the control of air emissions within their boundaries. New SIP 

provisions initially provide for plans for implementation, maintenance and enforcement 

of standards for an air pollutant. This is generally followed at a later time by adoption 

of state statues, regulations, or agreements which are then included in the SIP. Here, the 

SIP revision contemplated consists of plans the state proposes to implement. The 

plans cannot in themselves be considered subject to the adopted regulations because 

they would be self regulatory. The plans set forth what the agency will do. This SIP 

revision is not subject to rule making or KAPA proceedings. 

Comment 2: Commenter suggests that KDHE failed to comply with the administrative 

rules and regulations required by K.S.A. 77. et seq. Commenter argues that this SIP 

revision constitutes a rulemaking and therefore requires KDHE to provide a sixty day 

public notice and comment period, and provide an economic impact statement and 

written approval from the attorney general. 

Response 2: See response to comment number 1

Comment 3: Commenter challenges the determination of BPU as a “subject to BART” 

source because the State of Kansas was not determined by the State of Missouri to be a 

“contributing state” impacting the Hercules Glades Class I Area. Commenter asserts that 

because Missouri did not find Kansas to be a “contributing state” during the reasonable 

progress consultation process, Kansas sources cannot be required to implement SOx or 

NOx BART controls. 

Response 3: Each of the facilities listed in Table 9.2 of the SIP revision submitted 

refined modeling results, based on CALPUFF modeling for individual source exemption 

provided in the modeling protocol (Appendix 9.2). Kansas City BPU – Quindaro and 
Kansas City BPU – Nearman (with corrections) were able to show that the emissions 

from their BART-eligible units are not anticipated to cause or contribute to visibility 

impairment in Class I areas. 

Under section 169A(b)(2)(A) of the CAA, States must require certain existing stationary 

sources to install BART. § 51.308(e) requires the State to submit an implementation plan 

containing emission limitations representing BART for each BART-eligible source that 

may reasonably be anticipated to cause or contribute to visibility impairment in any 

mandatory Class I Federal area. § 51.308(e) requires these determinations of all States 

containing BART-eligible sources, which include Kansas. This BART determination 

does not nor should not rely upon the consultation with Missouri or with any other state. 

One technical point we wish to address specifically is the issue of whether Missouri was 

relying upon reductions in Kansas to achieve their reasonable progress goals. This was 

raised in Comment No. 3. The reasonable progress analysis conducted by Missouri relied 

heavily upon the CENRAP 2018 modeling which included the expected BART controls 

within the State of Kansas as well as other surrounding states. These sources and their 

respective anticipated controls were included in the CENRAP analysis. Thus, Missouri’s 

determination that the Uniform Rate of Progress was being met in 2018 clearly relied 

upon the understanding that BART controls would be implemented on all sources that 

Kansas determined were impacting Missouri Class I areas. 

Comment 4: Commenter does not support the use of CALPUFF or CAMx models for 

evaluating impacts of the Nearman station on the Hercules Glades Class I area. 

Response 4: KDHE is not addressing specific technical comments that are no longer 

applicable in light of the decision to remove BPU Nearman as a BART source. KDHE is 

accepting the corrected CALPUFF BART determination performed for Nearman while 

retaining the right to perform other types of modeling analysis, including photochemical 

modeling analyses. This decision has no bearing on the efficacy of the department’s 

technical analysis to date. 

Comment 5: Commenter does not agree with statements made by KDHE in the SIP 

pertaining to the predictions of the IPM model which estimate that the State of Kansas 

will acquire one new power plant during the next SIP planning period. The SIP states that 

visibility analyses will be conducted as part of the PSD permitting process for new 

sources. Commenter suggests that these statements are an attempt to legislate energy 

policy. 

Response 5: KDHE included statements regarding new sources, in part, to address the 

requirement to develop a framework to address future growth in emissions from new 

sources. This requirement is related to the goal set forth by the Clean Air Act to not only 

remedy existing visibility impairment, but also to prevent any future impairment. 

Additionally, 40 CFR § 51.307 requires the State to perform visibility analyses in 

consultation with Federal Land Managers as part of new source review. Therefore, while 

we can remove some of the language regarding the predictions of IPM and KDHE staff 
so as not to be perceived as legislating energy policy, the language regarding new source 

review will not be changed as a result of this comment. 

 

Comment 6: Commenter suggests that the BART provisions of the SIP be changed to 

read that BART is not an emission limitation but instead is a set of controls that represent 

the “Best Available Retrofit Technology” for that source. 

Response 6: KDHE interprets Section 169A(b)(2) of the Clean Air Act as requiring a 

SIP to contain an “emission limit”. The Regional Haze Rule specifies:

If the State determines in establishing BART that technological or economic 

limitations on the applicability of measurement methodology to a particular 

source would make the imposition of an emission standard infeasible, it may 

instead prescribe a design, equipment, work practice, or other operational 

standard, or combination thereof, to require the application of BART. Such 

standard, to the degree possible, is to set forth the emission reduction to be 

achieved by implementation of such design, equipment, work practice or 

operation, and must provide for compliance by means which achieve equivalent 

results.1

The BART guidance provides the following: 

After a State has identified the level of control representing BART (if any), it 

must establish an emission limit representing BART and must ensure compliance 

with that requirement no later than 5 years after EPA approves the SIP. States 

may establish design, equipment, work practice or other operational standards 

when limitations on measurement technologies make emission standards 

infeasible.2

The CAA, Regional Haze Rule, and BART guidance direct the state to establish an 

emissions limit or standard representing BART and this limit or standard must be 

enforceable. 

Comment 7: Commenter argues that BPU Nearman should not be required to meet the 

presumptive limits specified in the BART guidelines because it is not a 750 MW unit. 

Response 7: The SIP has been modified and this comment is no longer applicable. 

Comment 8: Commenter interpreted the Clean Air Act requirements to develop a SIP 

containing emission limits, schedules of compliance, and other measures necessary to 

make reasonable progress towards addressing the national goal to only be applicable to 

states whose emissions are reasonably anticipated to cause or contribute to impairment of 

visibility of a Class I area in another state. Commenter asserts that because Missouri did 

not find Kansas to be a “contributing state” during the reasonable progress consultation 

 

1

 40 C.F.R. § 51.308 (e)(iii). 

2

 40 C.F.R. Part 51 Appendix Y. 
process, Kansas is not required by the Clean Air Act to address reasonable progress goals 

or establish a long-term strategy with emission reductions obligations. 

Response 8: The CAA §169A(b)(2) requires States, including Kansas, to submit SIPs 

containing such emission limits, schedules of compliance, and other measures as may be 

necessary to make reasonable progress toward meeting the goal of prevention of any 

future, and the remedying of any existing impairment of visibility in mandatory Class I 

federal areas resulting from man-made air pollution. The Regional Haze Rule requires the 

following: 

Where the State has emissions that are reasonably anticipated to contribute to 

visibility impairment in any mandatory Class I Federal area located in another 

State or States, the State must consult with the other State(s) in order to develop 

coordinated emission management strategies. The State must consult with any 

other State having emissions that are reasonably anticipated to contribute to 

visibility impairment in any mandatory Class I Federal area within the State.3

Kansas has the clear obligation to both determine visibility-impairing emissions from 

Kansas sources, and to participate in the consultation with Missouri. KDHE followed the 

guidelines set out by EPA in its determination of visibility impairment, and is no more 

stringent than required by the Federal Rule. 

The following excerpts from the Preamble to the original Regional Haze Rule outline the 

finding of EPA that all states are reasonably anticipated to contribute to regional haze at 

Class I areas, and therefore must develop an implementation plan containing emission 

limits, schedules of compliance, and other measures as may be necessary to make 

reasonable progress toward meeting the goal of prevention of any future, and the 

remedying of any existing impairment of visibility in mandatory Class I federal areas 

resulting from man-made air pollution. 

EPA has concluded in today’s final rule that all States contain sources whose 

emissions are reasonably anticipated to contribute to regional haze in a Class I 

area and, therefore, must submit regional haze SIPs. The rationale for this finding 

is discussed in more detail below. In making this finding, EPA considered three 

factors: (1) The specific statutory language in the CAA; (2) the weight of 

evidence demonstrating long range transport of fine particulate pollution that 

affects visibility in Class I areas; and (3) current monitored conditions in Class I 

areas across the country. 

EPA has concluded in today’s final rule that EPA’s statutory authority and 

scientific evidence are sufficient to require all States to develop regional haze 

SIPs to ensure the prevention of any future impairment of visibility, and to 

conduct further analyses to determine whether additional emission reduction 

 

3

 40 C.F.R. § 51.308 (d)(3)(i). 
measures are needed to ensure reasonable progress in remedying existing 

impairment in downwind Class I areas.4

No change was made to the SIP as a result of this comment. 

Comment 9: Commenter points out that the long-term strategy developed by KDHE 

refers to emission reductions that would have been achieved under the Clean Air 

Interstate Rule (CAIR) in states covered under that program. Commenter notes that the 

reductions that would have been achieved with CAIR were incorporated into the weight 

of evidence analysis developed to determine apportionment of emission reduction 

obligations. 

Response 9: KDHE acknowledges that the recent actions in the D.C. Circuit Court of 

Appeals in regards to CAIR have major ramifications for regional haze programs 

throughout the country. At this point, states are waiting to see how to move forward with 

regional haze SIPs based on which action EPA decides to make with regards to CAIR. 

This could mean changes in the underlying assumptions for determining source 

apportionment. KDHE cannot predict how these changes will affect the outcome of 

future consultation processes. As a result of this comment, language will be added to the 

SIP in Chapter 12, to explain the current status of the CAIR program. 

Mr. Joshua Tapp, Branch Chief of Air Planning and Development, US Environmental 

Protection Agency Region 7 submitted the following written comments on August 20, 

2008. 

Comment 10: As provided in Section 110(a)(2)(A) of the Clean Air Act and 40 C.F.R. 

Part 51, Appendix Y, Section V., emission limits must be enforceable as a practical 

matter, that is, contain explicit compliance verification procedures and monitoring and 

recordkeeping requirements to ensure compliance with the limits. The Consent 

Agreements do not specify the compliance verification method for the agreed upon 

limits. Therefore it is unclear to the utility, the public, and EPA as to what methodology 

will be used to ensure compliance, particularly in an enforcement context. The draft SIP 

discusses use of CEMs data and existing reporting and recordkeeping requirements in 40 

C.F.R. Parts 60 and 75 for all but one unit; but the Consent Agreements do not 

specifically tie the limits to the compliance verification, reporting and recordkeeping 

requirements of the draft SIP. Instead, the Consent Agreements state that compliance 

verification procedures and recordkeeping requirements will be performed in accordance 

with 40 C.F.R. Part 51, Appendix Y, thereby delaying decisions with respect to these 

issues and preventing the SIP from being self-contained. 

 

4

“Regional Haze Regulations; Final Rule.” Federal Register. 64:126 (1 July 1999). 
EPA is concerned that the limits may not be clearly enforceable as a practical matter, due 

to lack of clarity on the compliance verification procedures and source of the information, 

i.e. recordkeeping and reporting requirements. Without this clarity, the SIP would not 

satisfy the obligations of the Regional Haze Rule. To address this issue, the Department 

could consider (1) incorporating specific compliance verification methods, recordkeeping 

and reporting requirements into the Consent Agreements, or incorporating the above 

referenced compliance verification methods, recordkeeping and reporting requirements 

by reference into the Consent Agreements; (2) including a demonstration showing that 

the SIP narrative language is enforceable; or (3) incorporating specific compliance 

verification methods, recordkeeping and reporting requirements for purposes of BART 

and Regional Haze compliance into a regulation for approval with the SIP. 

Response 10: As a result of this comment, KDHE is amending the agreements with 

Westar and KCP&L to address the concerns addressed by EPA 

Comment 11: In Sections 9.3, 9.4 and 9.5 of the draft SIP, the Department discusses its 

intention to secure the BART limits through Consent Agreements with Westar Energy, 

Kansas Power & Light, and Kansas City Board of Public Utilities (BPU), or by 

regulation. The Department provides Consent Agreements for Westar Energy and 

Kansas City Power & Light as appendices to the SIP, but explains that (1) an agreement 

with BPU for the Nearman 1 BART limits has not yet been achieved; (2) negotiations 

with the source are on-going and will be incorporated into the SIP at a future date; and 

(3) a regulation is being proposed which will adopt 40 C.F.R. 51.301 and 40 C.F.R. Part 

51 Appendix Y by reference and outline the process by which determinations will be 

made and enforced for BART and Reasonable Progress sources, with a completion 

timeline of February 2009. EPA is unclear whether the regulation will include specific 

BART emission limits for particular subject-to-BART units or whether the rule will 

simply establish a process by which BART limits will be set. 

Section 110(a)(2)(A) of the Clean Air Act requires that a SIP include enforceable 

emissions limitations and EPA’s September 23, 1987 memorandum confirms that a state 

must provide for EPA (and public) review and approval, proposed changes to federally 

approved enforceable emission limits contained in the SIP. Without specific emission 

limitations and compliance timelines for the BART/Regional Haze obligations to which 

BPU is subject, applied through a Consent Agreement or a regulation submitted as part of 

the SIP, the SIP would not satisfy these minimum requirements. 

Depending on how Kansas chooses to respond to comments specifically linked to the 

Best Available Retrofit Technology section of the SIP, Region 7 may find these issues 

affect the approvability of the SIP revision when Kansas submits the Regional Haze Plan 

for inclusion into the SIP. 

Response 11: As a result of this comment, KDHE is amending the agreements with 

Westar and KCP&L to address; 1) Monitoring and record keeping; 2) Federal 
enforceability; and 3) implementation schedule. BPU comments are no longer applicable 

in light of the decision to remove BPU Nearman as a BART source. 

Comment 12: In Section 10 of the Kansas Regional Haze SIP, the state discusses the 

Reasonable Progress Goal requirement, as outlined in 40 CFR 51.308(d)(3)(iii). This 

requires the state to document the technical basis for the state’s apportionment of 

emission reductions necessary to meeting reasonable progress goals. In section 10.2.1, 

Kansas provides a description of the light extinction at Wichita Mountains in Oklahoma, 

and whereas we agree with the inclusion of the discussion of this Oklahoma Class 1 area 

in this section, we also encourage discussion regarding other nearby Class I areas which 

are identified in Section 10.1 or Section 12 or an explanation of why they are not 

discussed. 

Response 12: All CENRAP states relied upon the regional modeling work performed by 

CENRAP and their contractors for determining the impact that sources within a state 

might have on Class I areas in the region. For Kansas, the modeling indicated that Kansas 

sources were most likely to have the highest impact at the Wichita Mountains in 

Oklahoma with Guadalupe Mountains being the next highest impacted area by Kansas 

sources. KDHE chose to focus it reasonable progress analysis primarily on the Wichita 

Mountains because it was the location with modeling showing the highest impact from 

Kansas sources and was the closest Class I area where modeling indicated the linear 

uniform rate of progress for 2018 was unlikely to be met. KDHE chose not to perform a 

detailed analysis and discussion on each additional surrounding Class I area as KDHE 

believes that the emission reductions realized from Kansas BART sources and through 

the reasonable progress analysis will positively impact not only the Wichita Mountains 

but the remaining Class I areas. It is also important to note that CENRAP modeling 

indicates approximately a three percent or less light extinction from Kansas sources in the 

remaining Class I areas making a detailed analysis for each area a lower priority. Kansas 

instead chose to focus primarily on the Wichita Mountains, but did perform modeling and 

indicated the maximum impacted Class I area for each reasonable progress source 

analyzed as can be seen in Table 10.9. 

Comment 13: The D.C. Circuit recently issued a decision regarding the Clean Air 

Interstate Rule (CAIR) on July 11, 2008. See State of North Carolina v. EPA, No. 05-

1244, 2008 U.S. App. Lexis 14733. The EPA is currently evaluating the affect of the 

decision, and although Kansas is not considered a “CAIR” state, we wanted to mention 

that the EPA will provide further guidance to states should the decision ultimately impact 

the Regional Haze SIPs. 

Response 13: See response to comment number 9. 
Comments and Responses from Second Comment Period (7/16/2009 – 8/27/2009)

In response to comments received and changes made to the Regional Haze SIP after the 

first public hearing, KDHE held a second comment period and public hearing. The State 

of Kansas provided a revised draft of the SIP and a public hearing notice to the public. 

The public hearing notice was published in the Kansas Register on July 16, 2009, and in 

local newspapers across the state. 

A comment letter was received from the Air Planning and Development Branch of the 

Air and Waste Management Division of the United States Environmental Protection 

Agency (EPA) on August 27, 2009. A copy of this letter is included in Attachment 3 of 

the Hearing Officer’s Report. 

Comment 1: As explained in previously submitted comments (June 15, 2007), EPA has 

concern with respect to startup and shutdown language in the Agreements and page 50 of 

the SIP. In its current form, this language appears to be inconsistent with EPA’s policy 

on the treatment of excess emissions (startup and shutdown). EPA understands that in 

the preamble to the Best Available Retrofit Technology (BART) rule, it offered guidance 

suggesting that states should exclude emissions attributable to such periods in modeling 

to determine which sources should apply BART controls. The guidance does not, 

however, suggest that emissions limitations for sources subsequently determined to be 

subject to BART should be applicable only during steady-state operation. EPA requests 

that the state evaluate the Agreements’ and related SIP’s provisions against the principles 

in EPA’s September 20, 1999, guidance entitled, “State Implementation Plans: Policy 

Regarding Excess Emissions during Malfunctions, Startup and Shutdown”. 

Response 1: The Agreements between KDHE and the affected BART sources currently 

exclude emissions associated with startup, shutdowns, and malfunctions (SSM) in the 

agreed upon emission limits. As part of the five-year review, KDHE will analyze SSM 

events and characterize the actual emission rates including and excluding these periods 

for the affected BART sources. Should the actual emissions rates including the SSM 

periods exceed the agreed upon emission rate limits, and be found to be adversely 

affecting visibility at Class I areas, KDHE commits to address these emissions with a SIP 

modification. KDHE has modified the current SIP as a result of this comment. 

Comment 2: EPA recommends that the State include a more robust description of 

portions of the five statutory factor analysis for both Kansas City Power and Light – 

LaCygne (KCP&L) and Westar Energy – Gordon Evans Energy Center (GEEC). Overall 

the BART determinations for both sources are well represented and the emission rates are 

at the presumptive level or better. EPA agrees that the State has “considered” each of the 

five statutory factors in each of the determinations. However, a more detailed description 

of the State’s evaluation of visibility impacts from varying technically feasible control 

technologies (both SO2 and NOx technologies) at KCP&L and a description of the State’s 

evaluation of the cost analysis for Low NOx Burners at GEEC are warranted. 

CURTIS STATE OFFICE BUILDING, 1000 SW JACKSON ST., STE. 310, TOPEKA, KS 66612 

Voice 785-296-6024 Fax 785-296-1545 
Response 2: KDHE has again reviewed the description of visibility impacts currently 

evaluated for KCP&L and the cost analysis for GEEC. At this point KDHE believes the 

current descriptions provide a fair representation of the analysis that has been completed. 

No modifications to the SIP were made as a result of this comment. 

Comment 3: Although the State is not required to set reasonable progress goals, it is 

responsible for addressing its visibility impacts on Class I areas located outside the State 

by developing and implementing a “Long Term Strategy” (LTS). Kansas has completed 

a commendable analysis to determine which of its non-BART eligible point sources 

could be controlled to minimize the State’s impacts on Class I areas outside of the State. 

EPA recommends moving the analysis under the heading “Reasonable Progress” to the 

heading “Long Term Strategy” to be more consistent with these requirements. 

Response 3: KDHE relied upon guidance from EPA when drafting the layout of the 

SIP and when preparing the agreements with Westar and KCP&L. Based upon that 

guidance, KDHE included the analysis under the “Reasonable Progress” section versus 

the “Long Term Strategy” section. In the interest of clarity and in response to EPA’s 

comment, KDHE has combined the “Reasonable Progress” and “Long Term Strategies” 

sections into Chapter 10 of the SIP. 

Comment 4: Section 12.3 lists programs the State may not necessarily by relying on in 

its LTS, such as the Tier 1 program. The chapter should be revised to include only those 

programs that the State has relied on for its LTS. 

Response 4: KDHE has removed the Tier 1 program from its list of programs originally 

in Section 12.3 of the SIP. That section has now been moved to Section 10.4.3 of the 

SIP. 

Comment 5: It is recommended that the State complete general “house keeping” on the 

entire SIP to ensure that the SIP, including appendices, has the most up-to-date and 

corrected language. As an example, the SIP refers to the presumptive limits, given in 

Table 9.4, being already included in either an Agreement or in a regulation for each 

source. The State has already entered into Agreements with each of the named sources so 

the document should be updated to reflect that. 

Response 5: KDHE has updated both the SIP and its appendices to ensure correct 

references and language. 
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 
Kansas Air Quality Law 5 

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 
Kansas Air Quality Law 8 

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. 
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 above-named

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.

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 selfgenerated or purchased from another source in or outside of the state.

The capacity of all net metering systems interconnected with the affected
SENATE Substitute for HOUSE BILL No. 2369—page 2

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 customer-generator’s own electrical energy requirements;

(5) contains a mechanism, approved by the utility, that automatically
SENATE Substitute for HOUSE BILL No. 2369—page 3

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 firstcome, 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 customergenerator any additional standby, capacity, interconnection or other fee

or charge that would not otherwise be charged if the customer were not

an eligible customer-generator;

(c) provide a residential class bidirectional meter to the customergenerator 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 monthto-month and credited at a ratio of one-to-one against the customer-generator’s energy consumption, expressed in kilowatt-hours, in subsequent

months.

(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
SENATE Substitute for HOUSE BILL No. 2369—page 4

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-in-one 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.
SENATE Substitute for HOUSE BILL No. 2369—page 5

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 device 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
SENATE Substitute for HOUSE BILL No. 2369—page 6

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 re-
SENATE Substitute for HOUSE BILL No. 2369—page 7

newable 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 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 com-
SENATE Substitute for HOUSE BILL No. 2369—page 8

mission 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 tempo-
SENATE Substitute for HOUSE BILL No. 2369—page 9

rary 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. Notice to the mem-
SENATE Substitute for HOUSE BILL No. 2369—page 10

bers 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
SENATE Substitute for HOUSE BILL No. 2369—page 11

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 state-owned 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;
SENATE Substitute for HOUSE BILL No. 2369—page 12

(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 interest 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.
SENATE Substitute for HOUSE BILL No. 2369—page 13

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
SENATE Substitute for HOUSE BILL No. 2369—page 14

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 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
SENATE Substitute for HOUSE BILL No. 2369—page 15

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
SENATE Substitute for HOUSE BILL No. 2369—page 16

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 pursuant 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;
SENATE Substitute for HOUSE BILL No. 2369—page 17

(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
SENATE Substitute for HOUSE BILL No. 2369—page 18

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.

(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-
SENATE Substitute for HOUSE BILL No. 2369—page 19

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.
SENATE Substitute for HOUSE BILL No. 2369—page 20

Sec. 46. This act shall take effect and be in force from and after its

publication in the Kansas register.

I hereby certify that the above BILL originated in the

HOUSE, and passed that body

HOUSE concurred in

SENATE amendments

Speaker of the House.

Chief Clerk of the House.

Passed the SENATE

as amended

President of the Senate.

Secretary of the Senate.

APPROVED

Governor.
Vol. 27, No. 29 July 17, 2008 Pages 1073-1104

In this issue . . . Page

Kansas Commission on Veterans’ Affairs

Notice of meeting ................................................................................................................. 1075

State Banking Board

Notice of change of meeting date ........................................................................................ 1075

Kansas State University—Salina

Notice to bidders .................................................................................................................. 1075

Pooled Money Investment Board

Notice of investment rates.................................................................................................... 1075

Legislative interim committee schedule ................................................................................ 1075

Kansas Department of Transportation

Notices to consulting engineers ........................................................................................... 1076

University of Kansas

Notice to bidders .................................................................................................................. 1076

Secretary of State

Notice of corporations forfeited ........................................................................................... 1077

Executive appointments ....................................................................................................... 1078

Historic Sites Board of Review

Notice of meeting ................................................................................................................. 1079

Department of Health and Environment

Notice of hearing on proposed SIP revision........................................................................ 1080

Notice of hearings on revised TMDLs ................................................................................. 1080

Annual Program Report for the Voluntary Cleanup and Property

Redevelopment Program.................................................................................................. 1081

Annual Program Report for the Environmental Use Control Program.............................. 1084

Notice concerning water pollution control permits/applications........................................ 1085

City of Kingman

Notice of intent to seek private placement of general obligation bonds ............................ 1087

Kansas State University

Request for proposals for cellular antenna facilities ........................................................... 1087

State Conservation Commission

Notice of meeting ................................................................................................................. 1088

Notice of Bond Sale

City of Marquette ................................................................................................................. 1088

(continued on next page)
q Kansas Secretary of State 2008 Vol. 27, No. 29, July 17, 2008

1074 In this issue Kansas Register

Board of Emergency Medical Services

Notice of meetings................................................................................................................ 1089

Notice of hearing on proposed administrative regulations ................................................ 1089

Department of Revenue

Notice of available publications........................................................................................... 1089

State Board of Pharmacy

Notice of hearing on proposed administrative regulations ................................................ 1090

Department of Administration—Division of Purchases

Notice to bidders for state purchases................................................................................... 1090

Temporary Administrative Regulations

Real Estate Commission ....................................................................................................... 1090

State Treasurer ...................................................................................................................... 1091

Court of Tax Appeals ........................................................................................................... 1091

Permanent Administrative Regulations

Department of Credit Unions............................................................................................... 1099

Index to administrative regulations ....................................................................................... 1099

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 2008. 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
Vol. 27, No. 29, July 17, 2008 q Kansas Secretary of State 2008

Notices/Interim Agenda 1075 Kansas Register

State of Kansas

Commission on Veterans’ Affairs

Notice of Meeting

The Kansas Commission on Veterans’ Affairs will meet

at 1 p.m. Friday, July 25, at the Timmerman Administration Building, Kansas Veterans’ Home, 1220 WWII Memorial Drive, Winfield. The public is invited to attend.

For more information, call (785) 296-3976.

George S. Webb

Executive Director

Doc. No. 035998

State of Kansas

State Banking Board

Notice of Change of Meeting Date

The State Banking Board meeting date for July has been

changed from July 21 to July 28. The Banking Board will

meet at 9 a.m. in the conference room of the Office of the

State Bank Commissioner, Suite 300, Jayhawk Tower, 700

S.W. Jackson, Topeka. The board reviews matters relating

to its supervisory authority as set forth in K.S.A. 9-1801

et seq., and amendments thereto, and carries out its function of serving in an advisory capacity to the Office of the

State Bank Commissioner, pursuant to K.S.A. 74-3006,

and amendments thereto. All interested individuals and

organizations are invited to attend. For more information,

contact the Office of the State Bank Commissioner at (785)

296-2266.

J. Thomas Thull

State Bank Commissioner

Doc. No. 035989

State of Kansas

Kansas State University—Salina

Notice to Bidders

Kansas State University at Salina is selling by sealed

bid miscellaneous aircraft parts to include C-150 and Sundowner parts. For details, bid sheet, bid deadline and contact information see K-State at Salina’s Web site, http://

www.sal.ksu.edu/campusoffices/business/bid-items/index.

html.

Rhonda Riffel

Fiscal Affairs

Doc. No. 035675

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. 12-1675(b)(c)(d), 75-4201(l) and 75-4209(a)(1)(B).

Effective 7-14-08 through 7-20-08

Term Rate

1-89 days 1.98%

3 months 1.70%

6 months 2.00%

1 year 2.33%

18 months 2.52%

2 years 2.56%

Daniel J. Nackley

Director of Investments

Doc. No. 035980

State of Kansas

Legislature

Interim Committee Schedule

The following committee meetings have been scheduled during the period of July 18-23. 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.

Date Room Time Committee Agenda

July 18 Docking 783 9:00 a.m. Joint Committee on Homeand Community-Based

Services Oversight

Agenda not available.

July 18 136-N 10:00 a.m. Kansas Performance

Measurement Commission

Organization of committee; staff

background; discussion of commission

goals

July 22 431-N 9:30 a.m. Kansas Criminal Code

Recodification Commission

Subcommittee

Agenda not available.

July 23 Docking 784 9:30 a.m. Kansas Criminal Code

Recodification Commission

Agenda not available.

Jeffrey M. Russell

Director of Legislative

Administrative Services

Doc. No. 036001
q Kansas Secretary of State 2008 Vol. 27, No. 29, July 17, 2008

1076 Notices Kansas Register

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-mai1 to

neil@ksdot.org or seven signed copies of the response can

be mailed to Neil Rusch, 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 August 7 for the consulting engineering firm to be considered.

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.

70-89 KA-1266-01

Shawnee County

The scope of services is to develop highway concepts

that provide improvements on I-70 in the area of the I-70

Polk-Quincy viaduct and select a preferred alternative.

Review project area issues, regional development in the

area (riverfront and downtown Topeka), railroad impacts, adjacent projects and perform environmental studies. Regional traffic studies and analysis will be required.

Public involvement will be needed for this project. The

study estimated cost is $650,000 and is scheduled to be

completed in two years.

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.

Deb Miller

Secretary of Transportation

Doc. No. 035970

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, are 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. 035978

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

neil@ksdot.org or seven signed copies of the response can

be mailed to Neil Rusch, 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 August 14 for the consulting engineering firm to be considered.

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.

56-106 KA-1496-01

US-56 Corridor Management Plan

(US-59 to I-35)

The Kansas Department of Transportation, in partnership with Johnson County, Douglas County, Mid-America Regional Council (MARC), Lawrence-Douglas

County Metropolitan Planning Organization, and the cities of Gardner, Edgerton and Baldwin City, is requesting
Vol. 27, No. 29, July 17, 2008 q Kansas Secretary of State 2008

Notice/Corporations Forfeited 1077 Kansas Register

proposals from qualified engineering and planning firms

for a study that will result in a plan for corridor management, access management, circulation and land use in the

U.S. Highway 56 Corridor for an approximate distance of

22 miles from US-59 on the west to I-35 on the east, and

for approximately 1 mile north and south of the US-56

centerline.

KDOT desires to hire a corridor management consultant (CMC) to manage the development of an access management plan, traffic circulation plan, growth and development plan, infrastructure extension plan and land use

management plan. The managing consultant will develop

a plan in a collaborative way among KDOT and the other

entities affected, plus landowners, commercial stakeholders and the general public. The plan shall lay out recommendations for future access management and signalization. The plans will show how the future

development anticipated along this corridor and the access to the highway and other nearby roads can be managed to accommodate this development and protect the

operational integrity of this highway in southwest Johnson County and southeast Douglas County. The plan will

identify short- and long-term improvements needed to be

considered for both US-56 and other nearby roads.

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.

Deb Miller

Secretary of Transportation

Doc. No. 036004

State of Kansas

Secretary of State

Notice of Corporations Forfeited

In accordance with K.S.A. 17-7510, the articles of incorporation of the following corporations organized under

the laws of Kansas and the authority of the following foreign corporations authorized to do business in Kansas

were forfeited during the month of June 2008 for failure

to timely file an annual report and pay the annual report

fee as required by the Kansas general corporation code:

Domestic Corporations

Action Society for Kids, Olathe, KS.

Caywood Farm, Inc., Raymond, KS.

Cherokee Strip Land Rush Museum Inc., Arkansas City, KS.

H & L Incorporated, Liberal, KS.

Hershey Enterprises, Inc., Overland Park, KS.

Kansas Alliance of Black School Educators, Inc., Wichita, KS.

Kansas City Worker Justice Center, Inc., Kansas City, KS.

Kansas Properties, L.L.C., Lenexa, KS.

Kids With Dreams, Inc., McPherson, KS.

Krannawitter Farms, Inc., Hoxie, KS.

L. & L. Cycle Shop, Inc., Gaylord, KS.

Lambda Chi Building Association, St. George, KS.

Lucas Medical Foundation, Lucas, KS.

Lutheran Social Service of Kansas and Oklahoma, Inc.,

Wichita, KS.

M.C.E.A. of Kansas Corporation, Wichita, KS.

MacPhillips, L.L.C., Olathe, KS.

Maren Nelson Logan Memorial Fund, Mission, KS.

Metropolitan Car Wash, Inc., Kansas City, MO.

Monticello Ranch, Inc., Shawnee, KS.

Nighthawks’ Coffeehouse, Inc., Overland Park, KS.

Noon Optimist Club of Kansas City, Kansas, Incorporated,

Kansas City, KS.

O. K. Real Estate & Auction Co., Inc., Wellington, KS.

Opera House Foundation, Inc., Junction City, KS.

Optimist Club of Wichita, Wichita, KS.

Parkside Homes, Inc., Hillsboro, KS.

Peerless Conveyor and Manufacturing Corporation,

Kansas City, KS.

PJ Enterprise Inc., Topeka, KS.

Premium Beef Network, LLC, Ashland, KS.

Roberson Construction Company, Inc., Silver Lake, KS.

Rocking Leven, Inc., Belleville, KS.

Roger Pavkov Associates, Inc., Salina, KS.

Seabury Development Society, Winfield, KS.

Second Story, Inc., Wichita, KS.

Shawn Sign Service Inc., Wichita, KS.

State Security Services, Wichita, KS.

Stoneman Enterprises Inc., Overland Park, KS.

Substance Abuse Assessment Center of Kansas, Inc.,

Wichita, KS.

The Optimist Club of Northeast Wichita, Inc., Wichita, KS.

Tower Plaza Investment, LLC, Bala Cynwyd, PA.

Trend Properties, Inc., Olathe, KS.

United Way of Dickinson County, Inc., Abilene, KS.

USA Athletes International, Inc., Olathe, KS.

Veterans of Modern Warfare Chapter 1, Inc.,

Kansas City, MO.

Wichita Black Arts Festival Association, Wichita, KS.

YOM7 Inc., Spring Hill, KS.

Foreign Corporations

Brady & Horne Company, Jackson, TN.

Camelot Cove, Inc., Larned, KS.

Global Net Access Inc., Pearl River, NY.

Heart of America, Minneapolis, MN

Levi Strauss Global Fulfillment Services, Inc.,

San Francisco, CA

Morgan Stanley & Co. Incorporated,

New York, NY.

National Marrow Donor Program,

Minneapolis, MN.

National Sunroom Association, Topeka. KS.

NLC, Houston, TX.

Robert & Williams Inc., York, NE.

Sloan Acquisition Corporation, Kansas City, MO.

Southstar Funding, LLC, Atlanta, GA.

Sterling Textile & Drapery, Inc., Sikeston, MO.

Sunset Direct Lending, LLC, Lake Oswego, OR.

Terry Land Development, Inc., Paducah. KY.

The Dunlap Company - Texas, Fort Worth, TX.

Tremor, LLC, Provo, UT.

Trump Mortgage, LLC, New York, NY.

Ron Thornburgh

Secretary of State

Doc. No. 035991
q Kansas Secretary of State 2008 Vol. 27, No. 29, July 17, 2008

1078 Executive Appointments Kansas Register

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:

Dickinson County Register of Deeds

Jill Freeman, 1301 Meadowlane, Abilene, 67410. Succeeds Linda Jones, resigned.

State Board of Accountancy

Paul S. Allen, 2740 N. North Shore, Wichita, 67205.

Term expires July 31, 2011. Reappointed.

Kent Smoll, 1306 Evans Place, Dodge City, 67801. Term

expires July 31, 2011. Reappointed.

Kansas Agricultural Remediation Board

Larry S. Shivers, Chair, 636 D E. Shipton Road, Salina,

67401. Term expires March 15, 2012. Reappointed.

Athletic Commission

Dan Pratt, 16561 Meadowlark, Bonner Springs, 66012.

Term expires June 30, 2012. Reappointed.

State Banking Board

Michael R. Downing, 1503 Lakeview St., Ellis, 67637.

Term expires March 15, 2011. Succeeds Michael D. Stevens.

Melvin Minor, 1338 N.E. 10th St., Stafford, 67578. Term

expires March 15, 2011. Reappointed.

Winton A. Winter, Jr., 737 Indiana, Lawrence, 66044.

Term expires March 15, 2011. Reappointed.

Kansas Bioscience Authority

John W. Carlin, 1208 Wyndham Heights Drive, Manhattan, 66503. Term expires March 15, 2012. Reappointment.

Sandra Lawrence, 2809 W. 117th St., Leawood, 66211.

Term expires March 15, 2012. Reappointment.

Central Interstate Low-Level Radioactive

Waste Commission

Shari Feist-Albrecht, 3121 S.W. Tutbury Town Road,

Topeka, 66614. Serves at the pleasure of the Governor.

Succeeds Joseph Harkins.

State Civil Service Board

Correne K. Greene, 7707 E. Central, #1, Wichita, 67206.

Term expires March 15, 2010. Succeeds Glen Fisher.

Robert B. Van Cleave, 13327 W. 113th St., Overland

Park, 66210. Term expires March 15, 2010. Succeeds William Dean.

Kansas Dental Board

Denise A. Maus, 1334 N. Coach House, Wichita, 67235.

Term expires April 30, 2012. Reappointed.

Dr. Richelle Jane Roy, 1561 S.W. Lakeside Drive, Topeka, 66604. Term expires April 30, 2012. Reappointed.

Coordinating Council on Early Childhood

Developmental Services

Dr. Linda M. Mitchell, Chairperson, 1741 N. Bryon,

Wichita 67212. Term expires June 30, 2009. Reappointed.

State Board of Indigents’ Defense Services

Lawrence P. Daniels, 1501 Ave. A, Dodge City, 67801.

Term expires January 15, 2009. Reappointment.

Information Technology Executive Council

Mark M. Biswell, 8010 S.W. 23rd Terr., Topeka, 66614.

Term expires October 10, 2008. Succeeds Carol McCoy.

John E. Fitzgerald, 4125 S.W. Woodbury Court North,

Topeka, 66606. Term expires October 10, 2008. Reappointed.

Dan Strom, 3201 W. 69th Ave., Manhattan, 66503.

Term expires October 10, 2008. Reappointed.

Richard L. Vogt, 524 Meadowlark Lane, Newton,

67114. Term expires October 10, 2008. Reappointed.

State Board of Nursing

Janice S. McCart, 1818 Harvey Court, Colby, 67701.

Term expires June 30, 2012. Reappointed.

Dr. Mary Carol Pomatto, 309 W. Craig, Pittsburg,

66762. Term expires June 30, 2012. Succeeds Jean Sheverbush.

Serena Stutzman, 12045 S. Homestead Lane, Olathe,

66061. Term expires June 30, 2012. Succeeds Judith Hiner.

Pooled Money Investment Board

Norman B. Dawson, 2100 Cedar Ridge Drive, Leavenworth, 66048. Term expires March 15, 2012. Reappointed.

Public Employee Relations Board

Kenneth W. Gorman, 1142 S.W. Kent Place, Topeka,

66604. Term expires March 15, 2011. Reappointed.

Respiratory Care Council

Mavis Glenn, 5616 S.W. 19th St., Topeka, 66604. Term

expires February 28, 2010. Succeeds Lloyd Culbertson.

Grace A. Marion, 1367 E. 2076 Road, Eudora, 66025.

Term expires February 28, 2010. Reappointed.

State Employee Pay Plan

Oversight Committee

Jane Carter, 1301 S.W. Topeka Blvd., Topeka, 66612.

Serves at the pleasure of the Governor.

Kathy J. Greenlee, Secretary of Aging, 503 S. Kansas

Ave., Topeka, 66603. Serves at the pleasure of the Governor.

Kansas State Fair Board

Charles Craig, 5812 132nd Road, Winfield, 67156. Term

expires March 15, 2011. Reappointed.

Jeff H. Deeds, 1416 Arcade, Goodland, 67735. Term

expires March 15, 2011. Reappointed.

Michael Gaskill, 1505 Tulane Ct., Liberal, 67905. Term

expires March 15, 2011. Reappointed.
Vol. 27, No. 29, July 17, 2008 q Kansas Secretary of State 2008

Exec. Appointments/Meeting 1079 Kansas Register

State Board of Technical Professions

George P. Barbee, 83 Pepper Tree Lane, Topeka, 66611.

Term expires June 30, 2012. Reappointed.

Steven Brosemer, 1512 W. 6th Ave., Suite 1, Emporia,

66801. Term expires June 30, 2012.

George R. Dean, 2646 Exchange Place, Wichita, 67217.

Term expires June 30, 2012. Reappointed.

Richard L. Moberly, 32324 W. 91st St., De Soto, 66018.

Term expires June 30, 2012. Reappointed.

Thomas E. Mulinazzi, 4010 Learned Hall, University

of Kansas, Lawrence, 66045. Term expires June 30, 2012.

Reappointed.

Wendy Ornelas, 2809 Marque Hill Road, Manhattan,

66502. Term expires June 30, 2012.

Timothy R. Sloan, 208 West St., Riley, 66531. Term expires June 30, 2012. Reappointed.

University of Kansas Hospital Authority

Robert W. Honse, 1533 Fountain Drive, Lawrence,

66047. Term expires March 15, 2010. Reappointed.

Ron Thornburgh

Secretary of State

Doc. No. 035992

State of Kansas

Historic Sites Board of Review

Notice of Meeting

The Kansas Historic Sites Board of Review will meet at

9 a.m. Saturday, August 16, in classrooms A and B in the

Kansas Museum of History on the grounds of the Kansas

History Center, 6425 S.W. 6th Ave., Topeka. The board

will consider the following properties for listing in the

National Register of Historic Places and/or the Register

of Historic Kansas Places:

National Register of Historic Places

● Northeast Junior High School — 400 Troup Ave.,

Kansas City, Wyandotte County

Nominated as part of the ‘‘Historic Public Schools

of Kansas’’ MPS

● Persons Barn & Granary — 2103 Highway 18

(Zeandale Road), Manhattan vicinity, Riley County

Nominated as part of the ‘‘Historic AgricultureRelated Resources of Kansas’’ MPS

● Teske Farmstead — 20795 Major Jenkins Road,

Onaga vicinity, Pottowatomie County

Nominated as part of the ‘‘Historic AgricultureRelated Resources of Kansas’’ MPS

● Elliason Barn — 147 Highway 4, Gypsum vicinity,

Dickinson County

Nominated as part of the ‘‘Historic AgricultureRelated Resources of Kansas’’ MPS

● Thornburg Farm — County Road A .5 mile west of

D Road, Utica vicinity, Ness County

Nominated as part of the ‘‘Historic AgricultureRelated Resources of Kansas’’ MPS

● Shafer Barn — .25 mile north of CR 80E & 50S,

Hoxie vicinity, Sheridan County

Nominated as part of the ‘‘Historic AgricultureRelated Resources of Kansas’’ MPS

● Brown Barn — 5879 CR4300, Independence

vicinity, Montogomery County

Nominated as part of the ‘‘Historic AgricultureRelated Resources of Kansas’’ MPS

● St. Joseph’s Church and Parochial School — 210 &

217 W. 13th St., Hays, Ellis County

● Ranson Hotel — 4918 E. Main, Medora, Reno

County

● Farmers State Bank — 101 S. Main, Lindsborg,

McPherson County

● Elizabeth McLean Residence - 2359 N. McLean,

Wichita, Sedgwick County

Nominated as part of the ‘‘Residential Resources of

Wichita, Sedgwick County, KS’’ MPS

● St. John African Methodist Episcopal Church —

701 S.W. Topeka Blvd., Topeka, Shawnee County

● Graham, Seward, House — 115 Miami St.,

Hiawatha, Brown County

● Lion Block — 216 W. Main, Ness City, Ness

County

● Shimanek Barn — 1806 220 Road, Munden,

Republic County

Nominated as part of the ‘‘Historic AgricultureRelated Resources of Kansas’’ MPS

● Hanway, Judge James, House — Lane vicinity,

Franklin County

● First Congregational Church — 700 Poyntz Ave.,

Manhattan, Riley County

● Beckett, Charles K., House — 210 W. Main St.,

Sterling, Rice County, KS

● Kiowa County Courthouse — 211 E. Florida,

Greensburg, Kiowa County

● Robinette Building — 148 S. Main, Greensburg,

Kiowa County

Proposed Relocation of National Register-listed

Structure

● Sand Creek Truss Leg Bedstead Bridge — Road Y,

.5 mile west of intersection with Route 283, Lenora

vicinity, Norton County

Register of Historic Kansas Places

● Paola Free Library — 101 E. Peoria, Paola,

Miami County

● Paola City Hall - 19 E.Peoria, Paola, Miami County

Persons needing special accommodations should contact the Cultural Resources Division of the Kansas State

Historical Society, 6425 S.W. 6th Ave., Topeka, 66615-

1099, (785) 272-8681, ext., 240, at least two weeks prior to

the meeting to discuss how the board can ensure participation.

Jennie Chinn

Executive Director

Doc. No. 035990
q Kansas Secretary of State 2008 Vol. 27, No. 29, July 17, 2008

1080 Hearings Kansas Register

State of Kansas

Department of Health

and Environment

Notice of Hearing

The Kansas Department of Health and Environment is

proposing to revise the State of Kansas Implementation

Plan for the Attainment and Maintenance of NationalAmbient Air Quality Standards. The hearing for this action will be at 10 a.m. Wednesday, August 20, in Room

530, Curtis State Office Building, 1000 S.W. Jackson, Topeka. Specifically, KDHE is proposing to adopt the Kansas Regional Haze Plan. This SIP revision fulfills the

requirements of Section 169A (b)(2) of the Clean Air Act,

which requires states to address the impacts of regional

haze in mandatory federal Class I areas. The SIP revision

contains the requirements for best available retrofit technology (BART) and outlines the reasonable progress

goals and long-term emissions reduction strategy to reduce visibility impairment in Class I areas of neighboring

states.

This proposed SIP revision does not include any rulemaking action. Details concerning this revision can be obtained by contacting Erika Stanley, KDHE, Bureau of Air

and Radiation, at (785) 296-1994. Copies of the proposed

plan also may be viewed at the following locations: Department of Air Quality, Unified Government of Wyandotte County - Kansas City, Kansas Health Department,

619 Ann Ave., Kansas City, Kansas; Johnson County Environmental Department, 11811 S. Sunset Drive, Suite

2700, Olathe; KDHE Northwest District Office, 2301 E.

13th, Hays; KDHE North Central District Office, 2501

Market Place, Suite D, Salina; KDHE Northeast District

Office, 800 W. 24th, Lawrence; KDHE Southeast District

Office, 1500 W. 7th, Chanute; Wichita-Sedgwick County

Dept. of Community Health, 1900 E. 9th, Wichita;

KDHE Southwest District Office, 302 W. McArtor Road,

Dodge City; and Curtis State Office Building, 1000 S.W.

Jackson, Suite, 310, Topeka. The plan also is posted on

the Bureau of Air and Radiation’s Web site at http://

www.kdheks.gov/bar/index.html.

Comments from the interested public should be addressed to the Kansas Department of Health and Environment, Bureau of Air and Radiation, Attention: Erika

Stanley, 1000 S.W. Jackson, Suite 310, Topeka, 66612-1366.

Comments must be received by the Bureau of Air and

Radiation not later than the close of business August 20

to assure full consideration of this proposed revision to

the SIP.

Any individual with a disability may request accommodation in order to participate in the public hearing and

may request the proposed plan in accessible format. Requests for accommodation should be made at least five

working days in advance of the hearing by contacting

Erika Stanley at (785) 296-1994.

Roderick L. Bremby

Secretary of Health

and Environment

Doc. No. 036003

State of Kansas

Department of Health

and Environment

Notice of Hearings

The Kansas Department of Health and Environment

has prepared eight Total Maximum Daily Loads (TMDLs)

for lakes in the Neosho, Verdigris and Walnut River Basins that are impaired by not meeting state water quality

standards. These TMDLs address impairment issues that

KDHE has identified with the help of the Basin Advisory

Committees and represent the second round of TMDLs

for waters in the Verdigris and Walnut basins since 2002

and the third round of TMDLs for waters in the Neosho

basin since 2002 and 2005.

The TMDLs subject to public review are:

Neosho Basin

1. Council Grove Lake — Eutrophication revision

2. Marion Lake — Eutrophication revision

Verdigris Basin

3. Big Hill Lake — Eutrophication

4. Elk City Lake — Eutrophication bundled with

siltation

5. Eureka Lake — Eutrophication bundled with

siltation

6. Fall River Lake — Eutrophication bundled with

siltation and dissolved oxygen

7. Toronto Lake — Eutrophication bundled with

siltation and dissolved oxygen

Walnut Basin

8. Winfield City Lake — Eutrophication

Public hearings to take testimony from interested parties will be conducted as follows:

Tuesday, July 22 — Walnut Basin

5 to 5:30 p.m. at the Ridge Restaurant, Winfield

Wednesday, July 23 — Verdigris Basin

Noon to 1 p.m. at the Housing Authority Building,

Neodesha

Thursday, July 24 — Neosho Basin

Noon to 1 p.m. at the Coffey County Courthouse,

Burlington

The first portion of the hearing will be a briefing by the

Watershed Planning Section, outlining each of the

TMDLs. Public comments and queries regarding these

TMDLs will be taken by KDHE until August 22. After

reviewing the public comments, KDHE will make any

appropriate revisions to the TMDLs and will submit them

to Region VII of the U.S. Environmental Protection

Agency.

These TMDLs are available for review at the Kansas

Department of Health and Environment TMDL Web site

at http://www.kdheks.gov/tmdl/index.htm. Additionally,

copies of the TMDLs can be obtained by contacting the

Bureau of Water, Watershed Planning Section, at (785)

296-6170.

Requests or questions should be directed to Tom Stiles,

KDHE, Watershed Planning Section, 1000 S.W. Jackson,
Vol. 27, No. 29, July 17, 2008 q Kansas Secretary of State 2008

Notice/Program Report 1081 Kansas Register

Suite 420, Topeka, 66612-1367, (785) 296-6170, fax (785)

291-3266, or e-mail at tstiles@kdhe.state.ks.us.

Roderick L. Bremby

Secretary of Health

and Environment

Doc. No. 035600

State of Kansas

Department of Health

and Environment

Annual Program Report for the

Voluntary Cleanup and Property

Redevelopment Program

Activities from January 1, 2007 to December 31, 2007

Background

The Voluntary Cleanup and Property Redevelopment

Act was enacted by the Kansas Legislature on July 1, 1997

(Kansas Statutes Annotated 65-34,161 through 65-34,174).

The purpose of the Act is to allow voluntary cleanups of

contaminated properties with oversight by the Kansas

Department of Health and Environment to promote the

transfer, redevelopment, and reuse of contaminated

properties and protect public health and the environment. Article 71 of Kansas Administrative Regulations,

specifically K.A.R. 28-71-1 through 28-71-12, was promulgated on June 26, 1998, officially establishing the Voluntary Cleanup and Property Redevelopment Program

(VCPRP). The law and program are administered by the

Kansas Department of Health and Environment (the ‘‘Department’’).

Under the VCPRP, voluntary parties with properties

meeting the statutory criteria of low to medium priority

and minimal risk can receive a ‘‘no further action’’ (NFA)

determination from the Department. An NFA provides

some protection from potential environmental liability.

Properties that are adjacent to contaminated sites but did

not contribute to the contamination may also receive a no

further action determination. The VCPRP uses a streamlined approach to investigate and cleanup properties in

an expeditious manner, thereby encouraging the redevelopment or enhancement of such properties. Clearly

defined cleanup standards identifying the extent of

cleanup have been developed and are provided to the

voluntary party early in the program so that time and

costs involved in cleanup can be determined. The VCPRP

is truly voluntary and is designed for industries and businesses to properly address contamination on their properties through a private/state partnership. There are no

additional burdens or requirements on voluntary parties

participating in the program.

A Memorandum of Agreement (MOA) between KDHE

and Region VII of the United States Environmental Protection Agency became effective March 2, 2001. The MOA

provides USEPA’s acknowledgment of the adequacy of

Kansas’ VCPRP program and also provides assurances to

voluntary parties that there will be no federal involvement at properties properly addressed within the VCPRP.

The additional assurance from USEPA enhances the Department’s actions in issuing an NFA determination letter

in terms of relieving environmental liability.

Report Summary

In accordance with K.S.A. 65-34,173, the Department

shall publish annually in the Kansas Register a summary

of the number of applicants, the general categories of

those applicants and the number of cleanups completed

pursuant to this act. This annual report describes the activities accomplished by the Department in the VCPRP

for the period of January 1, 2007 to December 31, 2007.

Since the inception of the Voluntary Cleanup Program

on July 1, 1997, the Department has received a total of 491

completed application packages of which 481 properties

have been determined eligible to participate in the program. A total of 469 voluntary agreements have been

signed. Investigations have been initiated and/or completed at 408 properties. Currently, 169 properties are in

one of three cleanup phases: the preliminary proposal

stage, planning stage, or the active cleanup stage. Cleanups have been successfully completed at 48 properties.

To date, the Department has issued a total of 152 NFA

letters, achieving cleanup of 1,671.54 acres.

A total of 62 applications have been received by the

VCPRP during calendar year 2007. The monthly average

of new applications received by the Department during

2007 was 5 applications per month, which is an increase

over the 42 applications received in 2006 (3.5 per month).

The number of applications received by the VCPRP each

year has generally shown a slight increase except for 2005.

Although it is difficult to predict future trends, there is

no apparent reason to expect the number of applications

submitted per year to change significantly.

NFAs are issued for properties at various points in the

VCPRP process, including: 1) following cleanup of contamination; 2) following investigation that indicates no,

or insignificant, contamination present; and 3) when a

property is impacted but the contamination is determined

to have originated from an off-property source. Since the

inception of the VCPRP, approximately 15 NFAs have

been issued per year. The number of NFAs issued by the

Department for the 2007 calendar year was 13, which is

a slight decrease relative to the overall average.

Approximately 76% of the properties participating in

the VCPRP are from three industrial categories, including

the oil and gas industry (29% of the total), manufacturing

(21%) and agri-business (26%). Participation by other categories includes commercial (12%), railroad (7%), government (2%) and private citizen (3%). Approximately 80%

of all properties participating in the VCPRP involve

groundwater contamination, which typically requires

years to complete cleanups.

Tables 1 and 2 below summarize the number of applicants, the general categories of those applicants and the

number of voluntary actions completed pursuant to

K.S.A. 65-34,161 through 65-34,174. Figure 1 depicts the

cumulative voluntary actions within the VCPRP, and Figure 2 depicts the percentage of applications received relative to applicant category.

(continued)
q Kansas Secretary of State 2008 Vol. 27, No. 29, July 17, 2008

1082 Program Report Kansas Register

 TABLE 1 

 SUMMARY OF VOLUNTARY APPLICATIONS

Applicant Category Contaminant Class Category* Total 

Applications 

Class I Class II Class III Class IV 

Agri-Business 0 14 46 66 126 

Industry 12 12 48 29 101 

Commercial 23 7 23 6 59 

Oil/Gas Related 1 22 71 51 145 

Governmental Entity 1 5 4 1 11 

Private Citizen 7 4 2 1 14 

Railroad Related 0 1 19 15 35 

Class Category Total 44 65 212 170 491 

 TOTAL APPLICATIONS: 491

*Definition of Classes: 

Class I - means suspected or confirmed contamination is determined to exist on the eligible property, and the eligible property is not 

a source of contamination or is located adjacent to a property with a known source of contamination. 

Class II - means suspected or confirmed soil contamination is determined to exist on the eligible property, there is no known or 

suspected soil contamination emanating off the eligible property and there is no known or suspected ground water contamination. 

Class III - means suspected or confirmed soil or ground water contamination, or both, is determined to exist on the eligible property, 

and there is no known or suspected soil or ground water contamination that has migrated off the eligible property. 

Class IV - means suspected or confirmed soil or ground water contamination, or both, and the contamination exists on and off the 

eligible property.

 

 TABLE 2 

SUMMARY OF VOLUNTARY ACTIONS

Cumulative Voluntary Action Totals 

Type of Voluntary Action 2007 2006* 2005* 2004* 2003* 2002* 2001* 2000* 1999* 1998* 1997* 

Applications Denied/Withdrawn 24 13 10 10 9 5 4 2 1 1 0 

Applications in Review 0 9 4 0 2 0 4 0 3 0 0 

Applications Approved 481 416 376 353 300 265 219 173 100 56 6 

Voluntary Agreements Signed 469 409 372 341 298 259 206 162 96 46 3 

Vol. Investigations Initiated 408 362 331 306 271 230 156 114 57 19 0 

Vol. Investigations Completed 255 226 208 171 133 121 83 41 23 5 0 

Voluntary Cleanups Initiated 169 147 135 124 104 74 39 27 17 3 0 

Voluntary Cleanups Completed 48 40 29 25 21 15 11 6 2 0 0 

No Further Actions Issued ** 152 139 113 92 69 58 38 16 7 3 0

* From Annual Report to Legislature for respective year. 

** Cumulative Totals Revised as of 12-31-07. 
Vol. 27, No. 29, July 17, 2008 q Kansas Secretary of State 2008

Program Report 1083 Kansas Register

Roderick L. Bremby

Secretary of Health

and Environment

Doc. No. 035997

Calendar Year 

1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007

0

100

200

300

400

500

Applications Approved Investigations Initiated

Investigations Completed Cleanups Initiated

Cleanups Completed No Further Action Letters

Figure 1 - Voluntary Actions

Industry Agri-Bus

Commercial

Pri. Citizen

RR Oil/Gas

Gov

Agri-Business 26% Industry 21%

Commercial 12% Private Citizen 3%

Railroad Related 7% Oil/Gas 29%

Governmental Entity 2%

Figure 2 - Applicant Categories by Percentage of Participation
q Kansas Secretary of State 2008 Vol. 27, No. 29, July 17, 2008

1084 Program Report Kansas Register

State of Kansas

Department of Health

and Environment

Annual Program Report for the

Environmental Use Control Program

Activities from January 1, 2007 to December 31, 2007

Background

On April 21, 2003, Governor Sebelius signed House Bill

2247. This bill established the use of Environmental Use

Controls (EUCs) for property with environmental contamination above unrestricted use standards. The Kansas

Department of Health and Environment (KDHE) worked

with a stakeholder committee in the fall of 2002 in developing the bill. This committee consisted of the following

stakeholders: Kansas Association of Counties, Sierra

Club, Kansas Agricultural Remediation Board, Westar

Energy, Kansas Agribusiness Retailers Association, Department of the Army, Kansas Natural Resource Council,

Kansas Farm Bureau, Kansas Livestock Association, City

of Wichita, Petroleum Marketers Association, Kansas Petroleum Council and KDHE. The bill was introduced during the 2003 Legislature and was subsequently passed by

the House 111 to 12 and the Senate 34 to 0. House Bill

2247 became law on July 1, 2003. New Sections of HB 2247

are now referred to as Kansas Statutes Annotated 65-1,221

through 65-1,235.

Subsequently, as required by K.S.A. 65-1,232, the secretary of KDHE adopted rules and regulations to implement the provisions of the act. KDHE presented draft regulations (K.A.R. 28-73-1 through K.A.R. 28-73-7),

including the financial assurance guidance document entitled Procedures for Demonstrating Financial Assurance at

Property with Environmental Use Controls to the Legislative

Joint Committee on Administrative Rules and Regulations on January 9, 2006. In response to comments received, K.A.R. 28-73-7 was modified slightly and resubmitted to the Department of Administration and the

Attorney General’s office for approval. The revised regulations were published in the March 23, 2006 edition of

the Kansas Register and went into effect on April 7, 2006.

EUCs are commonly known as institutional controls to

be used in conjunction with environmental cleanup to restrict or prohibit human activities and property use in

such a way as to prevent or reduce exposures to contamination. Some examples of environmental use controls include preventing disturbance of soil caps, covers, berms,

etc.; prohibiting the drilling of water wells for domestic

or other purposes; restricting and providing notification

during utility excavation of an area; restricting use of a

property for residential purposes; and, restricting access

to the property.

The law provides a mechanism for a landowner with

contaminated property to voluntarily restrict certain activities to mitigate the risk posed to human health and

the environment from contamination at their property.

The landowner would apply to KDHE for such restrictions. The EUC Program is managed within the KDHE’s

Bureau of Environmental Remediation (BER).

Report Summary

This annual report describes the activities accomplished by the EUC Program for the period of January 1,

2007 to December 31, 2007. In addition, as required by

K.S.A. 65-1,233, KDHE will publish an annual summary

in the Kansas Register of the number of approved EUC

Agreements (EUCAs).

During the reporting period, KDHE staff focused on

further development and implementation of the EUC

Program utilizing federal grant funding. Program staff

routinely responded to inquiries from the industry and

consultants regarding the program. In addition, program

staff routinely provided support to other KDHE programs to foster understanding of the EUC program and

encourage integration of EUCs, where applicable, in the

corrective or remedial action process. Program staff attended the Association of State and Territorial Solid

Waste Management Officials (ASTSWMO) Long-Term

Stewardship Roundtable and Training in early April

2007. In addition, program staff gave a presentation regarding the EUC program at the 2007 Kansas Environmental Conference in August 2007. During the reporting

period, the application and companion fact sheet were

updated and posted on the KDHE web site, plus a newsletter article and a program brochure were developed and

distributed to educate the general public about the program. Notably, this was a year of staffing transition with

a key program staff person retiring in June 2007 and the

position eventually filled in October 2007.

Twenty-two EUC applications were received by KDHE

from landowners of environmentally contaminated property in 2007 and processed in accordance with the statutes

and regulations. Landowners formally recorded EUCAs

with the appropriate county Register of Deeds on thirteen

properties. Of the remaining EUC applications received

in 2007, either final EUCAs have been sent to landowners

for signature/recording; draft EUCAs have been prepared

and are in concurrence routing; or the EUC application is

in various stages of the application review/completion

process before drafting an EUCA. KDHE anticipates formal recording of many of the 2007 EUCAs in the near

future. In general, the agency anticipates a continued increase in EUC applications in 2008 as awareness of program benefit and utility increases.

Number of Applications

Term Received

*July 1, 2003, to December 31, 2003 2

January 1, 2004, to December 31, 2004 4

January 1, 2005, to December 31, 2005 16

January 1, 2006, to December 31, 2006 20

January 1, 2007, to December 31, 2007 22 (as of December

28, 2007)

* Inception of the program.

Roderick L. Bremby

Secretary of Health

and Environment

Doc. No. 035996
Vol. 27, No. 29, July 17, 2008 q Kansas Secretary of State 2008

Notice 1085 Kansas Register

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-08-249/255

Pending Permits for Confined Feeding Facilities

Name and Address

of Applicant

Legal

Description

Receiving

Water

Kansas Dairies I, LLC dba

Frontier Dairy

Eric Goedhart, Managing

Partner

11501 S.W. County Road 31

Syracuse, KS 67878

E/2 of Section 31 &

SW/4 of Section 31,

T25S, R42W,

Hamilton County

Cimarron River

Basin

Kansas Permit No. A-CIHM-D002 Federal Permit No. KS0094366

This is an expansion for an existing dairy facility. The permittee is proposing to construct an area of open lots with runoff controls to the

west of the existing dairy units and an additional commodities storage area to the east of the existing dairy units. The permittee is required to construct a collection system for the equipment wash pad.

The modifications increase the current animal unit capacity of 7,150

head (9,110 animal units) to a new capacity of 16,050 head (16,440

animal units) of dairy cattle.

Name and Address

of Applicant

Legal

Description

Receiving

Water

Prairie Valley Farms, LLC

Theodore H. Frederick

P.O. Box 208

Hugoton, KS 67951

E/2 of Section 28 &

W/2 of Section 33,

T34S, R40W,

Morton County

Cimarron River

Basin

Kansas Permit No. A-CIMT-H005 Federal Permit No. KS0093181

This is a renewal permit for an existing facility for 43,200 head (17,280

animal units) of swine weighing more than 55 pounds. The swine

are divided equally among the facility’s four locations - Site 208, Site

210, Site 214 and Site 216. Each location has 10 enclosed buildings.

Site 208 and Site 210 share a retention control structure (RCS) and

Site 214 and Site 216 share a RCS.

Name and Address

of Applicant

Legal

Description

Receiving

Water

Rolling Hills Pork LLC

Pete Sherlock, DVM

312 N. B St.

Washington, KS 66968

SW/4 of Section 25,

T01S, R03E,

Washington County

Big Blue River

Basin

Kansas Permit No. A-BBWS-H008 Federal Permit No. KS0096784

This permit is being reissued to an existing swine facility with a capacity

for 3,005 head (1,202 animal units) of swine more than 55 pounds

and 4,050 head (405 animal units) of swine 55 pounds or less, for a

total of 1,607 animal units. There is no change in the permitted animal units from the previous permit.

Name and Address

of Applicant

Legal

Description

Receiving

Water

Kenneth N. Gasper

Box 131

Tipton, KS 67485

NE/4 of Section 35,

T08S, R11W,

Osborne County

Solomon River

Basin

Kansas Permit No. A-SOOB-B011

This permit is being reissued for an existing facility with a maximum

capacity of 250 head (125 animal units) of cattle less than 700 pounds.

There is no change in the permitted animal units.

Name and Address

of Applicant

Legal

Description

Receiving

Water

Joseph F. Wetter

1308 Pony Express Hwy.

Marysville, KS 66508

SW/4 of Section 30,

T02S, R08E,

Marshall County

Big Blue River

Basin

Kansas Permit No. A-BBMS-S050

This is a reissuance of a permit for an existing facility for 520 head (208

animal units) of swine weighing greater than 55 pound and 250 head

(25 animal units) of swine weighing 55 pounds or less, for a total of

233 animal units of swine.

Name and Address

of Applicant

Legal

Description

Receiving

Water

Cooper Farms

Dwight Cooper

743 1000 Road

Edna, KS 67342

SW/4 of Section 11,

T35S, R18E, Labette

County

Verdigris River

Basin

Kansas Permit No. A-VELB-S001

This is a reissuance of a permit for an existing facility for 500 head (200

animal units) of swine weighing greater than 55 pounds and 200

head (20 animal units) of swine weighing 55 pounds or less, for a

total of 220 animal units of swine.

Name and Address

of Applicant

Legal

Description

Receiving

Water

Goertzen Farms, LLC

Steven B. Goertzen, member

1040 Falcon

Newton, KS 67114

SW/4 of Section 18,

T21S, R02E, Marion

County

Neosho River

Basin

Kansas Permit No. A-NEMN-S021

This is a reissuance of a permit for an existing facility for 738 head (295.2

animal units) of swine weighing greater than 55 pounds, 480 head

(48 animal units) of swine weighing 55 pounds or less, 230 head (230

animal units) of cattle weighing greater than 700 pounds and 120

head (60 animal units) of cattle weighing less than 700 pounds, for

a total of 633.2 animal units of swine and cattle.

Public Notice No. KS-Q-08-141/146

Name and Address

of Applicant

Receiving

Stream

Type of

Discharge

APAC - Kansas, Inc. -

Shears Division

P.O. Box 1605

Hutchinson, KS 67504

Neosho River via

Eagle Creek via

Fourmile Creek

Pit Dewatering &

Stormwater

Runoff

Kansas Permit No. I-NE33-PO01 Federal Permit No. KS0086657

Legal Description: NE1

⁄4, S3, T21S, R13E, Lyon County

Facility Name: Hartford/Nelson Quarry

Facility Description: The proposed action is to reissue an existing permit

for the discharge of wastewater during quarry operation. This facility is a limestone quarry operation with some washing. All washwater is recycled via settling ponds and does not discharge. Outfalls

001and 002 consist of stormwater runoff only. The proposed permit

includes generic water-quality language to protect waters of the

state. Contained in the permit is a schedule of compliance requiring

the permittee to development and implement a stormwater pollution prevention plan (SWP2 Plan) within one year of the effective

date of the permit. The permit requirements are pursuant to the

(continued)
q Kansas Secretary of State 2008 Vol. 27, No. 29, July 17, 2008

1086 Notice Kansas Register

Kansas Surface Water Quality Standards, K.A.R. 28-16-28(b-f), and

Federal Surface Water Criteria, and are water-quality based.

Name and Address

of Applicant

Receiving

Stream

Type of

Discharge

Ash Grove Aggregates, Inc.

P.O. Box 70

Butler, MO 64730

Marais des Cygnes

River via Unnamed

Tributary

Pit Dewatering &

Stormwater

Runoff

Kansas Permit No. I-MC18-PO05 Federal Permit No. KS0089141

Facility Name: Amsterdam/LaCygne Quarry

Legal Description: NE1

⁄4, S23, T19S, R25E, Linn County

Facility Description: The proposed action is to modify an existing permit

for the discharge of wastewater during quarry operation. The modification consists of eliminating Section 34, Township 19S, Range

25E, from quarry activities. All other terms, conditions and provisions of the original permit shall remain in effect.

Name and Address

of Applicant

Receiving

Stream

Type of

Discharge

Herzog Contracting

Corporation

P.O. Box 1089

St. Joseph, MO 64507

Missouri River via

Unnamed Tributary

Pit Dewatering &

Stormwater

Runoff

Kansas Permit No. I-MO23-PO01 Federal Permit No. KS0002780

Legal Description: NW1

⁄4, S15, T3S, R22E, Doniphan County

Facility Name: Wathena Quarry

Facility Description: The proposed action is to reissue an existing permit

for the discharge of wastewater during quarry operation. This facility is a limestone quarrying and crushing operation that occasionally

washes rock. Washwater is treated by two ponds in series. However,

these ponds do not discharge and the washwater is recycled. This

facility also has four outfalls that consist of treated stormwater runoff. The proposed permit includes generic water-quality language to

protect waters of the state. The permit requirements are pursuant to

the Kansas Surface Water Quality Standards, K.A.R. 28-16-28(b-f),

and Federal Surface Water Criteria, and are water-quality based.

Name and Address

of Applicant

Receiving

Stream

Type of

Discharge

Mulberry Limestone

Company

325 N. 260th St.

Mulberry, KS 66756

Neosho River via

Lightning Creek

viaUnnamed

Tributary

Pit Dewatering &

Stormwater

Runoff

Kansas Permit No. I-NE12-PO03 Federal Permit No. KS0093084

Legal Description: NW1

⁄4, S30, T30S, R24E, Crawford County

Facility Name: Pittsburg Quarry

Facility Description: The proposed action consists of reissuing an existing permit for discharge of wastewater during quarry operations.

This facility is a limestone quarrying operation with no washing.

Outfall 001 consists of pit dewatering and stormwater runoff. The

proposed permit includes generic water-quality language to protect

waters of the state. The permit requirements are pursuant to the

Kansas Surface Water Quality Standards, K.A.R. 28-16-28(b-f), and

Federal Surface Water Criteria, and are water-quality based.

Name and Address

of Applicant

Receiving

Stream

Type of

Discharge

Wade Quarries

P.O. Box 38

LaCygne, KS 66080

Marais des Cygnes

River via Elm

Creek via Unnamed

Tributary

Pit Dewatering &

Stormwater

Runoff

Kansas Permit No. I-MC18-PO10 Federal Permit No. KS0097322

Legal Description: S32, T19S, R23E, Linn County

Facility Name: Cadmus Quarry

Facility Description: The proposed action consists of reissuing an existing permit for discharge of wastewater during quarry operations.

This facility is a limestone quarrying operation with some washing.

Outfall 001 consists of treated washwater from three settling ponds

in series that receive washwater and stormwater runoff from the

plant area. The proposed permit contains limits for total suspended

solids and pH. Contained in the permit is a schedule of compliance

requiring the permittee to develop and implement a stormwater pollution prevention plan (SWP2 Plan) within one year of the effective

date of the permit. The permit requirements are pursuant to the

Kansas Surface Water Quality Standards, K.A.R. 28-16-28(b-f), and

Federal Surface Water Criteria, and are water-quality based.

Name and Address

of Applicant

Receiving

Stream

Type of

Discharge

Department of Army

Headquarters

Directorate of Environment

& Safety

407 Pershing Court

Fort Riley, KS 66442-6121

Kansas River Basin Process

Wastewater

Kansas Permit No. F-KS97-PO02 Federal Permit No. KS0096598

Receiving Stream: Outfall 001X1: Three Mile Creek via Forsythe Creek

Outfall 004: Three Mile Creek via Unnamed

Tributary

Outfall 005: Three Mile Creek via Unnamed

Tributary

Facility Description: The proposed action is to reissue an existing permit

for an existing wastewater treatment facility. A rock borrow area

(quarry) is being added to the permit, in addition to continuation of

the permit for: (1) an existing Advanced Waste Water Treatment

Plant (AWWTP) that treats wastewater from the Custer Hill, Main

Post and Camp Forsyth areas; (2) a Central Vehicle Wash Facility

(CVWF) discharging lagoon system; (3) a Multipurpose Range Complex nondischarging domestic lagoon system; and (4) industrial

stormwater discharges at various locations within the base boundary. Fort Riley is a military installation consisting of activities and

facilities for housing, training, and supporting trained and ready

forces to meet Joint Force requirements. The AWWTP influent, consisting of domestic wastewater, vehicle maintenance area wastewater, aircraft maintenance area wastewater, silver recovery effluent

from spent photo fixer, medical facility wastewater, and cooling

tower heat exchanger wastewater is treated in bar screens, an oxidation ditch, two secondary clarifiers, two UV channels through two

flow meters and a cascade aeration system. Sludge is directed to an

aerated holding tank, a gravity belt thickener, three aerobic digesters, a digested sludge holding tank and a belt filter press. Design

flow is about 2.35 mgd. Outfall 004A Custer Hill Wash Facility -

Central Vehicle Wash Facility (CVWF) consists of three stages: a prewash assembly area, a bird-bath, and a post-wash area. The birdbath is connected to a two-cell concrete basin and an oil water

separator. Post wash is connected to a separate concrete sediment

basin. Overflow from the bird-bath and postwash basins discharges

into cell #1 of the 4-cell lagoon system. The Tactical Equipment Shop

(TES) wash rack systems are connected concrete basins each with an

oil /water separator discharging into the old wash rack reservoir that

discharges into cell #2 of the four-cell lagoon system. Outfall 005

consists of stormwater runoff from the quarry.

Multipurpose Range Complex wastewater lagoon - this is a nondischarging wastewater stabilization lagoon system that treats domestic

wastes from units associated with the Multipurpose Range Complex.

The proposed permit contains limits for biochemical oxygen demand,

total suspended solids, ammonia, E. coli, oil and grease, and pH.

Monitoring of total phosphorus, nitrate, nitrite, total Kjeldahl nitrogen, total nitrogen, sulfate, chloride, TPH-diesel range organics, total

recoverable heavy metals, volatile organic chemicals and effluent

flow also will be required. The permittee will be required to perform

a chronic whole effluent toxicity test annually. The permit requirements are pursuant to the Kansas Surface Water Quality Standards,

K.A.R. 28-16-28(b-f), and Federal Surface Water Criteria, and are water-quality based.

Public Notice No. KS-NQ-08-029

Name and Address

of Applicant

Legal

Description

Type of

Discharge

Ellinwood Packing Plant,

Inc.

P.O. Box 425

Ellinwood, KS 67526

E1

⁄2, S36, T19S,

R23W, Barton

County

Nonoverflowing

Kansas Permit No. I-AR32-NP01 Federal Tracking No. KSJ000519

Facility Description: The proposed action is to reissue an existing permit

for an existing nonoverflowing wastewater system. This facility is a
Vol. 27, No. 29, July 17, 2008 q Kansas Secretary of State 2008

Notices/RFP 1087 Kansas Register

slaughterhouse and meat packing plant. A weekly average of 150

hogs and 35 cattle are slaughtered. No curing of hides is done on

site. Livestock holding pens drain through an underground holding

tank into a bentonite lined waste stabilization lagoon No.1. Plant

process wastewater and domestic waste are directed through a settling tank and a lift station and also flow into lagoon No.1. Overflow

from lagoon No. 1 flows into (old) lagoon No. 2. Effluent from lagoon

No. 2 is pumped out to irrigate the permittee’s 10 acres of crop land.

The average wastewater flow into the lagoon system is about 12,000

gpd. Permittee will be required to submit an annual land irrigation/

application report. Discharge of wastewater from this treatment facility to surface waters of the state of Kansas is prohibited by this

permit.

Public Notice No. KS-PT-08-010

Name and Address

of Applicant

Receiving

Facility

Type of

Discharge

Elevator Solutions

International Inc.

Strother Field Industrial

Park

Strother Field

WWTP

Process

Wastewater

Arkansas City, KS 67005-0987

Kansas Permit No. P-WA17-IO03 Federal Tracking No. KSP000021

Facility Description: The proposed action is to reissue an existing pretreatment permit for this facility. This facility manufactures elevator

cabs, doors, frames and fixtures, and mechanical door equipment.

The facility operates a two-stage parts cleaning line, using a phosphating (conversion coating) process to prepare steel for paint. The

proposed permit includes limits for total toxic organics, cadmium,

chromium, copper, lead, nickel, silver, zinc, total cyanide and pH,

as well as monitoring of effluent flow. The permit limits are pursuant

to state and federal pretreatment requirements.

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 August 16 will be

considered in the formulation of the final determinations

regarding this public notice. Please refer to the appropriate Kansas document number (KS-AG-08-249/255, KS-Q08-141/146, KS-NQ-08-029, KS-PT-08-010) 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.kdhe.state.ks.us/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. 035999

(Published in the Kansas Register July 17, 2008.)

City of Kingman, Kansas

Notice of Intent to Seek Private Placement

General Obligation Tax Increment Bond, Series 2008

Notice is hereby given that the city of Kingman, 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 $425,000. 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

bond and the execution of various documents necessary

to deliver the bonds.

Dated July 10, 2008.

Cindy Conrardy

City Clerk

Doc. No. 036002

State of Kansas

Kansas State University

Request for Proposals

Kansas State University is seeking proposals from cellular service providers or their representatives desiring to

locate cellular antenna facilities on the K-State Manhattan

campus at the corner of Marlatt Avenue and Denison Avenue. The intent of the university is to enter into individual site license agreements with qualified carriers that

will enable the carriers to enhance their cellular coverage

on the K-State Manhattan campus and surrounding area.

Qualified carriers should express interest to Carla

Bishop at the K-State Purchasing Office by calling (785)

532-6214 or e-mail to cbishop@ksu.edu not later than

noon August 15. Interested parties will be invited to a

meeting (approximately August 22) on the K-State Manhattan campus to discuss specific details of the agreement

with the university.

Carla K. Bishop

Director of Purchasing

Doc. No. 035993
q Kansas Secretary of State 2008 Vol. 27, No. 29, July 17, 2008

1088 Meeting/Bond Sale Kansas Register

State of Kansas

State Conservation Commission

Notice of Meeting

The State Conservation Commission will conduct a

joint meeting with the Kansas Association of Conservation Districts August 4 at the Dodge House Hotel & Convention Center, 2408 W. Wyatt Earp Blvd., Dodge City.

The regular business meeting of the commission will begin at approximately 8 a.m. and the joint meeting will

follow. Persons requiring special accommodations

should contact the commission at least three business

days prior to the meeting at (785) 296-3600.

Greg A. Foley

Executive Director

Doc. No. 035979

(Published in the Kansas Register July 17, 2008.)

Summary Notice of Bond Sale

City of Marquette, Kansas

$465,000

General Obligation Bonds, Series 2008

(General obligation bonds payable from

unlimited ad valorem taxes)

Bids

Subject to the notice of bond sale dated July 1, 2008,

written and electronic bids will be received on behalf of

the clerk of the city of Marquette, Kansas (the issuer), in

the case of written bids, at the address set forth below,

and in the case of electronic bids, through PARITY, until

4 p.m. August 5, 2008, for the purchase of the above-referenced bonds. No bid of less than 100 percent of the

principal amount of the bonds and accrued interest

thereon to the date of delivery will be considered.

Bond Details

The bonds will consist of fully registered bonds in the

denomination of $5,000 or any integral multiple thereof.

The bonds will be dated August 15, 2008, and will become

due on October 1 in the years as follows:

Year

Principal

Amount

2015 $20,000

2016 20,000

2017 25,000

2018 25,000

2019 25,000

2020 30,000

2021 30,000

2022 35,000

2023 30,000

2024 35,000

2025 35,000

2026 40,000

2027 55,000

2028 60,000

The bonds will bear interest from the date thereof at

rates to be determined when the bonds are sold as hereinafter provided, which interest will be payable semiannually on April 1 and October 1 in each year, beginning

April 1, 2009.

Book-Entry-Only System

The bonds shall be registered under a book-entry-only

system administered through DTC.

Paying Agent and Bond Registrar

Kansas State Treasurer, Topeka, Kansas.

Good Faith Deposit

Each bid shall be accompanied by a good faith deposit

in the form of a cashier’s or certified check drawn on a

bank located in the United States or a qualified financial

surety bond in the amount of $9,300 (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 without cost to the successful bidder on or about

August 15, 2008, to DTC for the account of the successful

bidder.

Assessed Valuation and Indebtedness

The equalized assessed tangible valuation for computation of bonded debt limitations for the year 2007 is

$3,214,570. The total general obligation indebtedness of

the issuer as of the dated date, including the bonds being

sold, is $925,000, of which $166,000 is exempt from the

computation of the legal limitation of bonded indebtedness.

Approval of Bonds

The bonds will be sold subject to the legal opinion of

Gilmore & Bell, P.C., Wichita, Kansas, bond counsel,

whose approving legal opinion as to the validity of the

bonds will be furnished and paid for by the issuer,

printed on the bonds and delivered to the successful bidder when the bonds are delivered.

Additional Information

Additional information regarding the bonds may be

obtained from the undersigned or from the financial advisor at the addresses set forth below.

Written and Facsimile Bid and Good Faith Deposit

Delivery Address:

Fred Peterson, Clerk

113 Washington

Marquette, KS 67464

(785) 546-2205

Fax (785) 546-2205

E-mail: marquette@ks-usa.net

Financial Advisor -Facsimile Bid and Good Faith

Deposit Delivery Address:

Stifel, Nicholas and Company, Incorporated

301 N. Main, Suite 800

Wichita, KS 67202

Attn: Patricia A. Hinojos

(316) 337-8498

Fax (316) 337-8492

E-mail: hinojosp@stifel.com

Dated July 1, 2008.

City of Marquette, Kansas

Doc. No. 036007
Vol. 27, No. 29, July 17, 2008 q Kansas Secretary of State 2008

Notices/Hearing 1089 Kansas Register

State of Kansas

Board of Emergency Medical Services

Notice of Meetings

The Board of Emergency Medical Services will meet at

9 a.m. Friday, August 1, in the fourth floor auditorium in

the Eisenhower State Office Building, 700 S.W. Harrison,

Topeka. The committee meetings for the Planning and

Operations Committee, the Education, Examination, Certification and Training Committee, and the Executive

Committee will be at 9 a.m. Thursday, July 31, at the same

location. The Investigations Committee will meet at 11

a.m. August 1 following the full board meeting.

Items on the agenda for the board meeting can be found

on the board’s Web site at http://www.ksbems.org.

All meetings of the board are open to the public. For

more information, contact the administrator, Room 1031,

Landon State Office Building, 900 S.W. Jackson, Topeka,

66612-1228, (785) 296-7296.

Robert Waller

Administrator

Doc. No. 036005

State of Kansas

Department of Revenue

Notice of Available Publications

Listed below are all the Private Letter Rulings, Opinion

Letters, Final Written Determinations, Revenue Rulings,

Memorandums, Property Valuation Division Directives,

Q&A’s, Information Guides and Notices published by the

Department of Revenue for June 2008. Copies can be obtained by accessing the Policy Information Library located on the Internet at www.ksrevenue.org or by calling

the Office of Policy and Research at (785) 296-3081.

Private Letter Rulings

No new publications

Opinion Letters

No new publications

Final Written Determinations

No new publications

Revenue Rulings

No new publications

Notices

No new publications

Memorandums

No new publications

Property Valuation Division Directives

No new publications

Q&A’s

How are telephone answering services taxed in Kansas?

Information Guides

No new publications

Joan Wagnon

Secretary of Revenue

Doc. No. 035988

State of Kansas

Board of Emergency Medical Services

Notice of Hearing on Proposed

Administrative Regulations

A public hearing will be conducted at 10 a.m. Monday,

September 15, in Room 108 of the Landon State Office

Building, 900 S.W. Jackson, Topeka, to consider the adoption of a proposed new rule and regulation.

This 60-day notice of the public hearing shall constitute

a public comment period for the purpose of receiving

written public comments on the proposed rule and regulation. All interested parties may submit written comments prior to the hearing to manager of technician services, Room 1031, 900 S.W. Jackson, Topeka, 66612. All

interested parties will be given a reasonable opportunity

to present their views orally on the adoption of the proposed regulation during the hearing. In order to give all

parties an opportunity to present their views, it may be

necessary to request that each participant limit any oral

presentations to five minutes.

Any individual with a disability may request accommodation in order to participate in the public hearing and

may request the proposed regulation and economic impact statement in an accessible format. Requests for accommodation should be made at least five working days

in advance of the hearing by contacting Ann Stevenson

at (785) 296-7296. Handicapped parking is located at the

south end of Landon State Office Building, directly across

the street from the building’s north entrance, and on

Ninth Street. The north entrance to the building is accessible to individuals with disabilities.

The regulation is proposed for adoption on a permanent basis. A summary of the proposed regulation and

its economic impact follows:

K.A.R. 109-5-5. Retroactive approval of continuing education course. This is a new regulation that clarifies the

approval process for those emergency medical services

attendants who have completed a continuing education

course, whether in Kansas or another jurisdiction, that

had not received prior approval to be used as a continuing education offering for emergency medical services attendants in the state of Kansas.

This new regulation benefits both those individuals

wishing to attain continuing education credit for courses

that were not approved for such at the time the course

was conducted and the Kansas Board of Emergency Medical Services by providing guidelines for approval of such

offerings.

Copies of the regulation and the economic impact statement may be obtained from the Kansas Board of Emergency Medical Services, 10th Floor, Landon State Office

Building, 900 S.W. Jackson, Topeka, 66612, (785) 296-7296.

Robert Waller

Administrator

Doc. No. 036008
q Kansas Secretary of State 2008 Vol. 27, No. 29, July 17, 2008

1090 Notices/Regulations Kansas Register

State of Kansas

Board of Pharmacy

Notice of Hearing on Proposed

Administrative Regulations

A public hearing will be conducted at 9 a.m. Wednesday, September 24, at the Topeka and Shawnee County

Public Library, Room 101B, 1515 S.W. 10th Ave., Topeka,

to consider amendments to K.A.R. 68-11-2 and K.A.R. 68-

7-12b of the Kansas Pharmacy Board.

This 60-day notice of the public hearing shall constitute

a public comment period for the purpose of receiving written public comments on the proposed amendments of

K.A.R. 68-11-2 and K.A.R. 68-7-12b. All parties may submit

written comments prior to the hearing to Debra Billingsley,

executive secretary of the Kansas Pharmacy Board, Room

560, Landon State Office Building, 900 S.W. Jackson, Topeka, 66612-1231, pharmacy@pharmacy.ks.gov. All interested parties will be given a reasonable opportunity to

present their views orally on the amendment of the regulations during the hearing. In order to give all parties

an opportunity to present their views, it may be necessary

to request each participant to limit any oral presentation

to five minutes.

Any individual with a disability may request accommodation in order to participate in the public hearing and

may request the regulations and economic impact statements in an accessible format. Requests for accommodation should be made at least five working days in advance

of the hearing by contacting the Kansas Pharmacy Board

at the address above, (785) 296-4056. Handicapped parking is located at the west and north sides of the building,

and the north entrance to the building is accessible to

individuals with disabilities.

A summary of the proposed regulations follows:

K.A.R. 68-11-2. Fees for premises registrations and

permits. This regulation identifies various registration

and permit fees. A new registration fee of $300 is proposed for each place of business that sells durable medical

equipment.

K.A.R. 68-7-12b. Incident reports. This regulation

identifies the information that shall be included in an incident report when a pharmacist becomes aware of a reportable incident. The regulation also specifies what constitutes a reportable incident and the recordkeeping

requirements regarding an incident report.

Copies of the regulations and the economic impact

statements may be obtained from the Kansas Pharmacy

Board at the contact information above or by accessing

the board’s Web site at http://www.accesskansas.org/

pharmacy/leg.html.

Debra Billingsley

Executive Secretary

Doc. No. 035995

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:

07/29/2008 11499 Raze Dormitory Buildings

07/30/2008 11503 Maintenance of Highway Lighting

07/30/2008 11507 Ice and Snow Removal Chemicals

07/30/2008 11510 Physical Therapy Services

07/30/2008 11512 Physical Therapy and Occupational

Services

07/30/2008 11513 Aggregate

The above-referenced bid documents can be downloaded at the following Web site:

http://www.da.ks.gov/purch/

Additional files may be located at the following Web

site (please monitor this Web site on a regular basis for

any changes/addenda):

http://da.state.ks.us/purch/adds/default.htm

Chris Howe

Director of Purchases

Doc. No. 036006

State of Kansas

Real Estate Commission

Temporary Administrative

Regulations

Article 3.—PERSONS HOLDING LICENSES; DUTIES

86-3-19. Disclosure of interest in property purchased, sold, leased, or exchanged. (a) A licensee shall

not buy, sell, lease, or exchange real estate in which the

licensee, an immediate family member of the licensee, or

both the licensee and an immediate family member of the

licensee have an interest without disclosing the following

in the real estate contract or lease:

(1) The licensee’s licensure status;

(2) specification of whether the licensee has an interest

in the property or transaction; and

(3) specification of whether the licensee’s immediate

family member has an interest in the property or transaction.

(b) For purposes of subsection (a), ‘‘interest’’ shall have

the meaning specified in K.S.A. 58-3035, and amendments thereto.

(c) For purposes of subsection (a), ‘‘exchange’’ shall

have the meaning specified in K.S.A. 58-3035, and amendments thereto.

(d) For purposes of subsection (a), ‘‘immediate family

member’’ shall mean spouse, parent, child, or sibling.

(Authorized by K.S.A. 74-4202(b); implementing K.S.A.

2007 Supp. 58-3035, as amended by 2008 HB 2746, Sec. 1,

and K.S.A. 2007 Supp. 58-3062, as amended by 2008 HB

2746, Sec. 5; effective May 1, 1982; amended, T-86-6-25-

08, July 1, 2008.)
Vol. 27, No. 29, July 17, 2008 q Kansas Secretary of State 2008

Regulations 1091 Kansas Register

86-3-30. Advertising. For purposes of determining

whether the supervising broker’s business name or trade

name is prominently and conspicuously displayed or announced in a readable and identifiable manner regardless

of the type of media used, the following shall be considered by the commission:

(a) The terms being used, including the style, size, contrast, and color of the type or font used; and

(b) the location or audibility of the supervising broker’s

trade name or business name as the name appears or is

represented in the advertisement. (Authorized by K.S.A.

74-4202(b); implementing 2008 HB 2746, Sec. 6, effective,

T-86-6-25-08, July 1, 2008.)

Sherry C. Diel

Executive Director

Doc. No. 035982

State of Kansas

Kansas State Treasurer

Temporary Administrative

Regulations

Article 3.—LINKED DEPOSIT LOAN PROGRAMS

3-3-1. Agricultural production loans. For each agricultural production loan authorized by K.S.A. 75-4270

et seq. and amendments thereto, the ‘‘eligible agricultural

borrower’’ shall be a resident of the state of Kansas, and

a majority of the farm for which the proceeds of the loan

are expended shall be located within the state of Kansas.

A limited liability agricultural company, limited agricultural partnership, or family farm corporation shall be considered a resident if it meets the requirements of K.S.A.

17-5903, and amendments thereto. (Authorized by K.S.A.

2007 Supp. 75-4270; implementing K.S.A. 2007 Supp. 75-

4270, 75-4271, and 75-4272; effective, T-3-7-3-00, July 3,

2000; effective Oct. 27, 2000; amended, T-3-6-25-08, July

1, 2008.)

3-3-2. Kansas housing loans. The proceeds of all

housing loans authorized by 2008 SB 387, and amendments thereto, shall be used only for building houses that

initially sell or are appraised for less than 350% of the

Kansas median household income, based on the most recent data available from the United States census bureau

on July 1 and January 1 each year. The loans shall be

awarded on a first-come, first-served basis, reserving at

least 50% of the funds available for houses located within

one mile of the city limits of any of the following Kansas

cities: Chanute, Coffeyville, Erie, Fredonia, Greensburg,

Independence, Iola, Neodesha, or Osawatomie. A house

shall be considered to be located within one mile of the

city limits if the majority of the tract of real estate upon

which the house is placed is within one mile of the city

limits. (Authorized by 2008 SB 387, sec. 4(a); implementing 2008 SB 387, sec. 3(e) and sec. 5(g); effective, T-3-6-25-

08, July 1, 2008.)

Lynn Jenkins

State Treasurer

Doc. No. 035981

State of Kansas

Court of Tax Appeals

Temporary Administrative

Regulations

(Editor’s Note: The State Court of Tax Appeals was created pursuant

to Substitute for House Bill 2018, which became effective July 1, 2008.

The State Court of Tax Appeals is the successor in authority to the

State Board of Tax Appeals, which has been abolished.)

Article 2.—PROCEEDINGS BEFORE THE COURT

94-2-1. Definitions. (a) ‘‘Chief judge’’ means the

chief judge of the Kansas court of tax appeals, appointed

as provided in K.S.A. 74-2433, and amendments thereto.

(b) ‘‘Court’’ means the Kansas court of tax appeals.

(c) ‘‘Counsel’’ means legal counsel.

(d) ‘‘Entry of appearance’’ means a pleading listing the

following information:

(1) The name, address, and telephone number of the

attorney entering an appearance;

(2) the Kansas supreme court registration number, or

its equivalent, of the attorney entering an appearance;

and

(3) the name of the party represented by the attorney.

The entry of appearance shall be signed by the attorney

entering an appearance on behalf of the party. This signature shall constitute a certificate as prescribed in K.S.A.

60-211, and amendments thereto.

(e) ‘‘Executive director’’ means the individual appointed pursuant to K.S.A. 74-2433, and amendments

thereto.

(f) ‘‘Party’’ means any of the following:

(1) Any taxpayer or applicant bringing the action, a

governmental unit bringing or defending the action, or

both;

(2) any intervenor permitted to intervene by the court;

or

(3) any person joined as a contingently necessary party.

(g) ‘‘Pleadings’’ means any of the following:

(1) Notice of appeal;

(2) application;

(3) motion;

(4) brief;

(5) proposed findings of fact and conclusions of law; or

(6) any other similar document formally filed with the

court.

(h) ‘‘Presiding officer’’ means any of the following:

(1) A panel of judges;

(2) the judge assigned pursuant to K.S.A. 77-514, and

amendments thereto, to conduct the status conference,

prehearing, oral arguments, hearing, or similar proceedings; or

(3) a court staff attorney in a status or prehearing conference to which a court staff attorney has been assigned

according to K.A.R. 94-2-6.

(i) ‘‘Secretary’’ means the secretary of the court of tax

appeals. (Authorized by and implementing K.S.A. 74-

2437, as amended by 2008 HB 2018, sec. 13; effective May

1, 1981; amended May 1, 1988; amended Aug. 15, 1997;

amended May 24, 2002; amended, T-94-6-25-08, July 1,

2008.)

(continued)
q Kansas Secretary of State 2008 Vol. 27, No. 29, July 17, 2008

1092 Regulations Kansas Register

94-2-2. Information, hearings, and assistance. (a)

To the extent that the Kansas administrative procedure

act or other statutes or regulations do not apply, the rules

of civil procedure, and particularly articles 1, 2, and 4 of

chapter 60 of the Kansas statutes annotated, shall be followed by the court. However, the rules of evidence may

be modified by the presiding officer in accordance with

the Kansas administrative procedure act if it will be in

the public interest and will aid in ascertaining the facts.

(b) Hearings before the court shall be open to the public

at all times except at those proceedings specified in K.A.R.

94-2-14. Hearings may be held in the court’s hearing room

or at other places throughout the state of Kansas whenever the public interest may be better served. Reasonable

written notice shall be given to all parties pursuant to

K.S.A. 77-518, and amendments thereto.

(c) Upon request, the staff attorneys for the court shall

advise any party concerning the form of the notice of appeal or other application to be filed with the court or concerning the procedure to be followed in initiating a proceeding before the court.

(d) All communications to the court shall be addressed

to the offices of the court in Topeka and shall meet the

procedural requirements specified in these regulations.

(Authorized by and implementing K.S.A. 74-2437, as

amended by 2008 HB 2018, sec. 13; effective May 1, 1981;

amended May 1, 1988; amended Aug. 15, 1997; amended

May 24, 2002; amended, T-94-6-25-08, July 1, 2008.)

94-2-3. Form of pleadings. (a) Each pleading, except

any pleading described in subsection (b), shall contain the

following:

(1) The heading ‘‘BEFORE THE COURT OF TAX APPEALS OF THE STATE OF KANSAS,’’ centered at the

top of the page;

(2) the name of the case, which shall consist of a brief

description of the nature of the action and shall contain

a citation to the particular statute under which the appeal

or application is authorized, placed immediately below

the heading at the left margin of the page;

(3) the docket number, if one has been assigned, which

shall appear to the right of the name at the right margin

of the page;

(4) the title of the pleading, which shall identify the

document being filed, shall be placed immediately below

the name and centered on the page;

(5) the pertinent allegations of fact and law in simple,

concise, and direct terms, which shall be in numbered

paragraphs, with each paragraph containing a statement

of a single set of circumstances or separate transaction or

series of events;

(6) following each numbered paragraph, a concise and

complete statement of all relief sought by the pleader; and

(7) the signature of the party filing the pleading or the

party’s attorney. The addresses and telephone numbers

of the party and the party’s attorney of record shall appear following the signature or elsewhere in the pleading.

All pleadings shall be verified, unless the pleading is

signed by either of the following:

(A) Counsel regularly admitted to practice before the

supreme court of the state of Kansas; or

(B) counsel duly licensed and admitted to practice before the supreme court of another state if the counsel licensed from another state is associated with local counsel

and the local counsel also signs the pleading, as required

by Kansas supreme court rule 116 relating to district

courts.

(b) Notice of appeals or applications filed pursuant to

the statutory procedures enumerated in K.S.A. 74-2439,

K.S.A. 79-1609, and K.S.A. 79-213, and amendments

thereto, shall be prepared on forms approved by the

court. Each taxpayer or applicant shall provide all information and supporting documentation requested on the

forms or by the court. If any information requested is not

provided, the appeal or application may be rejected by

the court or may be returned to the taxpayer or applicant

for correction.

(c) Each pleading, except a pleading described in subsection (b), shall be typed on 81

⁄2 2 11 inch white paper

and shall be double-spaced, except that single spacing

may be used for subparagraphs, legal descriptions of real

estate, itemizations, quotations, and similar portions of

the document. Typing shall appear on only one side of

the paper, and the margins shall be at least one inch at

the top of the page and 3

⁄4 of an inch at the sides and

bottom of the page. Taxpayers not represented by counsel

shall not be held in strict compliance with this regulation.

(Authorized by and implementing K.S.A. 74-2437, as

amended by 2008 HB 2018, sec. 13; effective May 1, 1981;

amended May 1, 1988; amended Aug. 15, 1997; amended

May 24, 2002; amended, T-94-6-25-08, July 1, 2008.)

94-2-4. Filing procedure and time limits. (a)(1)

Each party filing any action with the court shall file the

application or appeal and shall pay any applicable fees

required by K.A.R. 94-2-21. Each document filed shall be

deemed to have been filed when actually received and

file-stamped by the secretary or the secretary’s designee,

and the action shall commence on that date if the document is in the form prescribed by these regulations or by

statute.

(2) Each application and appeal shall be accompanied

or followed by any applicable filing fees, as specified in

K.A.R. 94-2-21.

(b) In computing any period of time prescribed by statute or these regulations for any appeal or application, the

computation shall be made pursuant to K.S.A. 60-206,

and amendments thereto, unless the method of computation is otherwise specified in these regulations or by

statute. A legal holiday shall be each day designated in

K.A.R. 1-9-2.

(c) When by these regulations or by notice given by the

court, an act is required to be completed within a specified time, the time for completing the act may be extended

by the court, if a motion is filed by a party before the

expiration of the specified time. A motion for extension

of time filed after the time limit has expired may be

granted by the court only if the failure to act within the

time limit was the result of excusable neglect.

(d) Any individual or entity may file documents at the

court office between the hours of 8:00 a.m. and 5:00 p.m.

on any business day. Each document, whether mailed,

hand-delivered, or sent by facsimile machine or as electronic mail, shall be received by 5:00 p.m. to be filestamped and considered filed on that date. The time of
Vol. 27, No. 29, July 17, 2008 q Kansas Secretary of State 2008

Regulations 1093 Kansas Register

receipt shall be that time shown by the court’s time clock,

the time printed by the court’s facsimile machine on the

final page of the facsimile-received document, or the time

shown as received by the court’s electronic mail system.

(Authorized by and implementing K.S.A. 74-2437, as

amended by 2008 HB 2018, sec. 13; effective May 1, 1981;

amended May 1, 1987; amended May 1, 1988; amended

Aug. 15, 1997; amended May 24, 2002; amended, T-94-8-

28-03, Aug. 28, 2003; amended Dec. 5, 2003; amended, T94-6-25-08, July 1, 2008.)

94-2-5. Service. (a) Each party filing any pleading

or other document with the court shall serve the pleading

or other document on all other parties in person or by

mail, facsimile, or electronic mail, except when a statute

requires a specific manner of service. Postage or costs of

service shall be paid by the person serving the pleading.

(b) Service on an attorney of record shall be deemed to

be service upon the party represented by that attorney,

although nothing in these regulations shall prohibit service on the interested party also. Service by mail shall be

considered to be complete upon mailing.

(c) The party responsible for effecting service shall endorse a certificate of mailing or service, or both, upon the

pleading showing compliance with these regulations. In

the absence of this proof of service or the equivalent, any

pleading may be disregarded and deemed null and void.

(Authorized by and implementing K.S.A. 74-2437, as

amended by 2008 HB 2018, sec. 13; effective May 1, 1981;

amended May 1, 1988; amended Aug. 15, 1997; amended

May 24, 2002; amended, T-94-6-25-08, July 1, 2008.)

94-2-8. Discovery procedure. (a) Any party before

the court may use the discovery procedures provided under the code of civil procedure of this state, the procedures authorized under the provisions of the Kansas administrative procedures act, K.S.A. 77-522 and

amendments thereto, or both. Unless otherwise expressly

approved by the court or presiding officer, a party shall

have completed all discovery procedures by 20 calendar

days before the date set for the hearing.

(b) The admissibility of any evidence obtained during

this discovery process shall be governed by one or more

of the following:

(1) The code of civil procedure, K.S.A. 60-101 et seq.,

and amendments thereto;

(2) the Kansas administrative procedures act, K.S.A. 77-

501 et seq., and amendments thereto; or

(3) case law of this state.

(c) Each motion for summary judgment shall be filed

with the court in accordance with K.S.A. 60-256, and

amendments thereto, and Kansas supreme court rule 141

relating to district courts. (Authorized by and implementing K.S.A. 74-2437, as amended by 2008 HB 2018,

sec. 13; effective May 1, 1981; amended May 1, 1988;

amended Aug. 15, 1997; amended May 24, 2002;

amended, T-94-6-25-08, July 1, 2008.)

94-2-9. Subpoenas. (a) Any party may request that

the court issue a subpoena or subpoena duces tecum by

filing a request for the same with the court at least 10

business days before the date on which the hearing commences or the deposition is scheduled. The request shall

state the following information:

(1) The name of the witness;

(2) the address, including street address, city, and

county where the witness can be served;

(3) the date, time, and location the witness is expected

to appear;

(4) the matter in which the witness is expected to testify; and

(5) if a subpoena duces tecum, the material, listed in

detail, to be brought by the witness to the hearing or deposition.

(b) A request for a subpoena or subpoena duces tecum

shall not be granted by the court if filed fewer than 10

business days before the date on which the hearing commences or the deposition is scheduled, except by approval of the court upon a showing of good cause.

(c) Except as provided in subsection (b), upon receipt

of a properly filed request, the appropriate subpoena

shall be issued by the court or the court’s designee, who

shall also arrange for its service pursuant to K.S.A. 77-

522, and amendments thereto.

(d) Witness fees and mileage shall be allowed pursuant

to K.S.A. 28-125, and amendments thereto. (Authorized

by K.S.A. 74-2437, as amended by 2008 HB 2018, sec. 13;

implementing K.S.A. 74-2437, as amended by 2008 HB

2018, sec. 13, and 74-2437a, as amended by 2008 HB 2018,

sec. 14; effective May 1, 1981; amended May 1, 1988;

amended Aug. 15, 1997; amended May 24, 2002;

amended, T-94-6-25-08, July 1, 2008.)

94-2-10. Hearing procedure. (a) Any party may appear at any hearing or other proceeding before the court

and be heard in person or may be represented by an attorney who is regularly admitted to practice before the

supreme court of the state of Kansas and who has filed

an entry of appearance in the proceeding with the court.

Any party may be represented by out-of-state counsel if

that counsel has complied with Kansas supreme court

rule 116 relating to the admission of an attorney from

another state. An elected or appointed official or the official’s designee of a county, city, or other taxing district

or a corporation’s officer or employee may appear and

testify on behalf of the county, city, taxing district, or corporation and, except as otherwise provided in these regulations, may fully participate as a party.

(1) The county, city, or other taxing district or corporation may be required by the court to be represented by

an attorney regularly admitted to practice before the supreme court of the state of Kansas. As provided in this

subsection, only the party or an attorney regularly admitted to practice before the supreme court of the state

of Kansas may perform any of the following:

(A) Make a legal argument;

(B) object to the admission of evidence;

(C) conduct direct examination or cross-examination of

witnesses;

(D) introduce evidence;

(E) sign any pleading as defined in K.A.R. 94-2-1; or

(F) perform any other activity construed as the practice

of law by the Kansas supreme court.

(2) Each individual who is not a party or an attorney

authorized to practice in the supreme court of the state

(continued)
q Kansas Secretary of State 2008 Vol. 27, No. 29, July 17, 2008

1094 Regulations Kansas Register

of Kansas shall be limited to one or both of the following

types of participation in a hearing:

(A) Testifying; or

(B) providing nonlegal advice to a party or an attorney.

(b) On the date and at the place and time stated in the

notice of hearing, the docket shall be made to be called

by the chief judge or the presiding officer. A statement

may be made by the chief judge or presiding officer as to

the scope and purpose of the hearing at the opening of

the hearing. Each party or witness who is to testify shall

be sworn by the reporter or any judge of the court.

(c) If a party does not appear for the scheduled hearing,

either or both of the following may occur:

(1) The opposing party or parties may go on the record

to introduce evidence.

(2) A default order may be issued by the court in favor

of the opposing party or parties.

(d) If a party or attorney objects to the admissibility of

any evidence or to the validity of any proceeding before

the court, the presiding officer may rule upon the objection immediately or may admit the evidence or permit

the procedure subject to a later ruling by the court. The

presiding officer may rule upon the admissibility of any

evidence and may order the discontinuation of the presentation of cumulative evidence.

(e) Each party shall examine each witness orally and

under oath, in the order determined by that party. Each

opposing party may cross-examine each witness.

(f) To facilitate the orderly and expeditious conduct of

hearings, one of the court’s staff attorneys may be assigned by the presiding officer to assist procedurally any

individual taxpayer not represented by counsel. Assistance shall not extend to assisting the taxpayer in presenting the taxpayer’s case or advising the taxpayer about

the substantive nature of the case, but shall be confined

to procedural assistance.

(g) (1) Each hearing shall be recorded by either of the

following means:

(A) A certified shorthand reporter retained by the court

for that purpose; or

(B) any other recording device.

This record shall be the only official record of any proceeding before the court.

(2) A person may obtain a transcript of any tape-recorded hearing before the court by making a request to

the court and advancing the costs of providing the transcript. A person may obtain a transcript of any hearing

recorded by a certified shorthand reporter by making a

request to the reporter and advancing to the reporter the

costs of providing the transcript.

(h) The use of recording, photographic, or television

devices during any hearing before the court shall be authorized, pursuant to K.S.A. 75-4318, and amendments

thereto. To insure orderly hearings before the court, cameras, photographic lights, and recording devices shall be

permitted during the sworn testimony of witnesses only

if the use of these devices is not disruptive to the witnesses and the hearing.

(i) Official notice shall be taken in accordance with

K.S.A. 77-524, and amendments thereto.

(j) The submission of briefs and proposed findings of

fact and conclusions of law may be required by the court

at the conclusion of any hearing, and any party desiring

to submit the same may do so upon approval by the

court. The deadline for filing these documents and any

reply briefs shall be set by the court in a prehearing order

or by the presiding officer at the hearing. The filing party

shall file the originals of these documents with the court

and shall serve copies on each party. Proof of service shall

be filed as required in these regulations. (Authorized by

and implementing K.S.A. 74-2437, as amended by 2008

HB 2018, sec. 13; effective May 1, 1981; amended May 1,

1987; amended May 1, 1988; amended Aug. 15, 1997;

amended May 24, 2002; amended, T-94-6-25-08, July 1,

2008.)

94-2-11. Petitions for reconsideration; deadline for

responses. Each petition for reconsideration of a final order of the court shall be made pursuant to K.S.A. 77-529,

and amendments thereto. Each response to a petition for

reconsideration shall be filed with the court within 11 calendar days after the petition for reconsideration is filed

with the court. (Authorized by and implementing K.S.A.

74-2437, as amended by 2008 HB 2018, sec. 13; effective

May 1, 1981; amended May 1, 1988; amended Aug. 15,

1997; amended May 24, 2002; amended, T-94-6-25-08, July

1, 2008.)

94-2-12. Orders of the court. (a) Each order of the

court shall be sent by U.S. mail or, for state agencies located in Topeka, by building mail or hand delivery, unless otherwise prescribed by law. The order shall be

mailed or hand-delivered to each party and the party’s

attorney at the addresses of record set forth in the pleadings.

(b) If clear evidence of the date of receipt of any court

order is not available, it shall be presumed that a party

received the order on the third day following the date the

court mailed the order to that party at the party’s address

of record as set forth in the pleadings filed by the party

or the party’s attorney. (Authorized by K.S.A. 74-2437, as

amended by 2008 HB 2018, sec. 13; implementing K.S.A.

74-2426, as amended by 2008 HB 2018, sec. 1, and K.S.A.

74-2437, as amended by 2008 HB 2018, sec. 13; effective

May 1, 1981; amended May 1, 1988; amended Aug. 15,

1997; amended May 24, 2002; amended, T-94-6-25-08, July

1, 2008.)

94-2-13. Exchange of evidence and witness lists.

(a) At least 10 calendar days before a scheduled hearing

involving single-family residential property, each party

shall have exchanged copies of each document, photograph, or other evidence that the party intends to present

to the court at the hearing.

(b) At least 20 calendar days before a scheduled hearing, except a single-family residential property hearing as

specified in subsection (a), each party shall have exchanged copies of each document, photograph, or other

evidence that the party intends to present to the court at

the hearing and a list of witnesses to be called at the hearing. At least 10 calendar days before the scheduled hearing, each party shall have exchanged copies of any evidence developed in response to the evidence that was

exchanged 20 calendar days before the scheduled hearing.
Vol. 27, No. 29, July 17, 2008 q Kansas Secretary of State 2008

Regulations 1095 Kansas Register

(c) Each attorney who is representing a party at any

proceeding before the court shall file an entry of appearance with the court and shall serve copies on each party.

(d) In computing any time periods specified in subsections (a) and (b) the day of the scheduled hearing shall

not be included. If the 10th or 20th calendar day before

the hearing falls on a Saturday, Sunday, or legal holiday,

the last business day before the Saturday, Sunday, or legal holiday shall be the deadline for the exchange of evidence.

(e) If the parties fail to exchange evidence and witness

lists in compliance with this regulation, the evidence may

be excluded from the proceedings, and the witnesses not

listed may be excluded from testifying. The time periods

specified in subsections (a) and (b) may be shortened or

extended by the court or presiding officer upon a showing of good cause. (Authorized by and implementing

K.S.A. 74-2437, as amended by 2008 HB 2018, sec. 13; effective Aug. 15, 1997; amended May 24, 2002; amended,

T-94-6-25-08, July 1, 2008.)

94-2-14. Procedure to keep business records confidential. (a)(1) Each party who has confidential financial

or trade secret records that are to be admitted into evidence in a court proceeding but who desires to keep the

records confidential shall file a motion for a protective

order with the court and serve the motion on each party.

The party may make the motion orally at the hearing.

This motion shall address the following:

(A) Identification of the record to be kept confidential;

(B) the extent to which the information is known outside the business;

(C) the extent to which the information is known to

those inside the business, including the employees;

(D) the precautions taken by the holder of the trade

secret or confidential commercial information to guard

the secrecy of the information;

(E) the savings effected and the value to the holder in

keeping the information from competitors;

(F) the amount of effort or money expended in obtaining and developing the information; and

(G) the amount of time and expense it would take for

others to acquire and duplicate the information.

(2) In ruling on the motion, the following criteria shall

be considered by the court:

(A) What risk of financial or competitive harm the

party seeking to prevent disclosure faces;

(B) whether or not disclosure will aid the court in its

duties;

(C) whether or not disclosure serves or might harm the

public interests; and

(D) whether or not alternatives to full disclosure exist.

(b) If the court grants the motion for protective order,

the following procedure shall be followed by the court at

the hearing in which the records are considered and admitted:

(1) A formal motion shall be made by a judge to move

into executive session to consider either of the following:

(A) Confidential data relating to financial affairs; or

(B) confidential trade secrets of corporations, partnerships, trusts, or individual proprietorships.

(2) The motion shall contain a statement of justification

for closure, the subject to be discussed, and the time and

the place the court will resume its open meeting.

(3) The motion shall be made, seconded, and carried

by a majority of the judges present and hearing the case.

(c) Other procedures to keep business records confidential may be implemented in court proceedings if those

procedures are agreed to by all parties, are approved by

the court, and are not inconsistent with or contrary to

current Kansas law. (Authorized by and implementing

K.S.A. 74-2437, as amended by 2008 HB 2018, sec. 13; effective Aug. 15, 1997; amended May 24, 2002; amended,

T-94-6-25-08, July 1, 2008.)

94-2-15. Continuances. (a) A request for a continuance may be made by motion or in the form specified

by the court or presiding officer.

(b) Each party filing a motion for continuance shall file

the motion in writing with the court, with service of this

motion on each party in accordance with K.A.R. 94-2-5.

The motion shall be filed no fewer than 30 days before

the date of the scheduled hearing. The motion shall set

forth the reason or reasons for the motion.

(c) The 30-day time period may be shortened by the

court, upon a showing of good cause. (Authorized by and

implementing K.S.A. 74-2437, as amended by 2008 HB

2018, sec. 13; effective Aug. 15, 1997; amended May 24,

2002; amended, T-94-6-25-08, July 1, 2008.)

94-2-16. Dismissals. Any action pending before the

court may be dismissed by the party that filed the action

at any time before or during the hearing and, at the

court’s discretion, at any time after the hearing, but before

the court issues the order. (Authorized by and implementing K.S.A. 74-2437, as amended by 2008 HB 2018,

sec. 13; effective Aug. 15, 1997; amended May 24, 2002;

amended, T-94-6-25-08, July 1, 2008.)

94-2-19. Facsimile filing. (a)(1) The court’s facsimile machine shall be available on a 24-hour basis, seven

days per week. However, this provision shall not prevent

the court from sending documents by fax or providing

for normal repairs and maintenance of the facsimile machine.

(2) Each complete facsimile filing received in the court’s

office at or before 5:00 p.m. on a regular workday shall

be deemed filed on that day. Each filing received after

5:00 p.m. shall be filed as if received on the next regular

court workday. The time of receipt shall be the time

printed by the court’s facsimile machine on the final page

of the facsimile-received document. Each filing received

on a Saturday, Sunday, or legal holiday shall be filed as

if received on the next regular court workday.

(3) Each application and appeal filed by facsimile shall

be followed by any applicable filing fees as specified in

K.A.R. 94-2-21.

(b) Each pleading or other paper filed by facsimile

transmission shall have the same effect as that of any document filed with the court by any other means. A facsimile signature shall have the same effect as that of an original signature. Only one copy of the pleading or other

paper shall be transmitted.

(c) Each certificate of service shall state the date of service and the facsimile telephone numbers of both the

sender and the receiver.

(continued)
q Kansas Secretary of State 2008 Vol. 27, No. 29, July 17, 2008

1096 Regulations Kansas Register

(d) The sender may petition the court for an order filing

the document nunc pro tunc if a facsimile filing is not filed

with the court because of either of the following:

(1) An error in the transmission of the document, the

occurrence of which was unknown to the sender; or

(2) a failure to process the facsimile filing when received by the court.

The motion shall be accompanied by the transmission

record, a copy of the document transmitted, and an affidavit of transmission by fax as set forth in Kansas supreme court rule 119 relating to district courts, appendix

B. (Authorized by and implementing K.S.A. 74-2437, as

amended by 2008 HB 2018, sec. 13; effective May 24, 2002;

amended, T-94-8-28-03, Aug. 28, 2003; amended Dec. 5,

2003; amended, T-94-6-25-08, July 1, 2008.)

94-2-20. Electronic mail filing. (a)(1) Electronic

mail shall be sent to the court’s central electronic mail

address in order to be considered filed with the court. The

format for documents shall be as specified in K.A.R. 94-

2-3. Electronic mail sent to any individual judge’s or to

any court staff’s personal electronic mail address shall not

be considered to be filed with the court.

(2) Each application and appeal filed by electronic mail

shall be followed by any applicable filing fees as specified

in K.A.R. 94-2-21.

(b) Electronic mail shall have a return electronic mail

address along with the name of the individual sending

the electronic mail and a telephone number by which that

individual can be contacted.

(c) Each pleading or other document filed by electronic

mail shall have the same effect as that of any document

filed with the court by any other means. Only one copy

of the pleading or document shall be transmitted. An electronic signature or the symbol ‘‘/s/’’ on the signature line

in place of a signature shall have the same effect as that

of an original signature.

(d) Electronic mail received in the court’s office at the

central electronic mail address on or before 5:00 p.m. shall

be deemed filed on that day. Electronic mail received after 5:00 p.m. shall be deemed to be filed as if received on

the next regular workday of the court. The time of receipt

shall be the time shown by the court’s electronic mail system. Electronic mail received on a Saturday, Sunday, or

legal holiday shall be deemed to be filed as if received on

the next regular workday of the court.

(e) Electronic mail shall be printed by the court and a

copy placed in the appropriate file or files. A copy of any

associated transmission acknowledgment shall also be

placed in the file or files.

(f) If an electronic mail message indicates that there is

an attachment but the attachment is not sent or the attachment cannot be opened, the party that sent the message shall be apprised of this fact by the court. If the attachment is then sent and the court is able to open the

attachment, the file date and time shall be the date and

time the opened attachment was actually received by the

court. Each attachment shall be sent in a format specified

by the court.

(g) The sender may petition the court for an order filing

the document nunc pro tunc if an electronic mail document is not filed with the court because of either of the

following:

(1) An error in the transmission of the document, the

occurrence of which was unknown to the sender; or

(2) a failure to process the electronic mail document

when received by the court.

The motion shall be accompanied by the transmission record, a copy of the document transmitted, and an affidavit

of transmission by electronic mail in the form as set forth

in Kansas supreme court rule 119, appendix B relating to

facsimile filings.

(h) Each party who files a document by electronic mail

shall retain a copy of that document in the party’s possession or control during the pendency of the action and

shall produce the document upon request pursuant to

K.S.A. 60-234, and amendments thereto, by the court or

any party to the action. Failure to produce the document

may result in the document being stricken from the record and may result in sanctions pursuant to K.S.A. 60-

211, and amendments thereto.

(i) Each party utilizing electronic mail shall comply

with K.S.A. 77-525, and amendments thereto, regarding

ex parte communications and with K.A.R. 94-2-5, which

requires that a copy of any correspondence with the court

be exchanged with all parties. A certificate of service shall

be included on pleadings. For letters, there shall be an

indication on the letter that a copy was sent to all parties.

(Authorized by and implementing K.S.A. 74-2437, as

amended by 2008 HB 2018, sec. 13; effective May 24, 2002;

amended, T-94-8-28-03, Aug. 28, 2003; amended Dec. 5,

2003; amended, T-94-6-25-08, July 1, 2008.)

94-2-21. Filing fees. (a) The following fees shall be

in effect for applications and appeals filed with the regular division of the court, except as specified in subsection

(f):

(1) Economic development exemption applications

filed pursuant to Kansas constitution article 11,

§ 13 ................................................................ $250.00

(2) Industrial revenue bond exemption applications

filed pursuant to K.S.A. 79-201a Second, and amendments

thereto ........................................................... $250.00

(3) Tax exemption applications not included in paragraphs (a)(1), (2), and (6) of this regulation ........ $50.00

(4) Tax grievance applications filed pursuant to K.S.A.

79-332a, 79-1422, 79-1427a, or 79-1702, and amendments

thereto ............................................................. $15.00

(5) Equalization appeals filed pursuant to K.S.A. 79-

1609, and amendments thereto, and payment-under-protest appeals filed pursuant to K.S.A. 79-2005, and amendments thereto, involving real estate, excluding appeals of

the valuation or classification of single-family residential

properties and farmsteads and excluding appeals by notfor-profit organizations specified in paragraph (a)(6) of

this regulation, for the following valuations:

$250,000 or less ............................. $50.00 per parcel

more than $250,000 but not more

than $1,000,000 ......................... $75.00 per parcel

more than $1,000,000 but not more

than $5,000,000 ....................... $125.00 per parcel

more than $5,000,000 but not more

than $10,000,000 ..................... $175.00 per parcel

more than $10,000,000 ................. $200.00 per parcel

(6) Applications and appeals filed by not-for-profit organizations if the valuation of the property at issue is less

than $100,000 .................................................... $10.00
Vol. 27, No. 29, July 17, 2008 q Kansas Secretary of State 2008

Regulations 1097 Kansas Register

(7) Equalization appeals filed pursuant to K.S.A. 79-

1609, and amendments thereto, and payment-under-protest appeals filed pursuant to K.S.A. 79-2005, and amendments thereto, involving the assessment of personal

property ........................................................... $50.00

(8) Appeals of mortgage registration fees filed pursuant

to K.S.A. 79-3107c, and amendments thereto ...... $15.00

(9) Appeals from final decisions of the director, or the

director’s designee, of the Kansas department of revenue,

division of property valuation, for the following amounts

in controversy:

$500 or less .............................................. $25.00

More than $500 but not more than $1,000 .. $50.00

More than $1,000 but not more than $5,000 $100.00

More than $5,000 but not more than $10,000 $175.00

More than $10,000 .................................... $250.00

(10) Appeals from final decisions of the secretary, or

the secretary’s designee, of the Kansas department of revenue, division of taxation, excluding homestead property

tax refund appeals under K.S.A. 79-4501 et seq., and

amendments thereto, and excluding food sales tax refund

appeals under K.S.A. 79-3632 et seq., and amendments

thereto, for the following amounts in controversy:

$500 or less .............................................. $25.00

More than $500 but not more than $1,000 .. $50.00

More than $1,000 but not more than $5,000 $100.00

More than $5,000 but not more than $10,000 $175.00

More than $10,000 .................................... $250.00

(11) No-fund warrants, temporary notes or bond applications, requests to exceed the adopted budget, and

mill levy disagreements filed pursuant to K.S.A. 79-2938,

79-2939, 79-2951, 79-5023, 12-110a, 12-1662 et seq., or 19-

2752a, and amendments thereto, or any other related statute ................................................................... $50.00

(12) Applications by school districts to levy an ad valorem tax as provided in K.S.A. 72-6441, and amendments

thereto .................................................... no filing fee

(13) Requests for reappraisal and complaints filed pursuant to K.S.A. 79-1413a, 79-1479, or 79-1481, and amendments thereto ................................................... $50.00

(b) The following fees shall be in effect for applications

and appeals filed with the small claims division of the

court, except as specified in subsection (f):

(1) Equalization appeals filed pursuant to K.S.A. 79-

1609, and amendments thereto, and payment-under-protest appeals filed pursuant to K.S.A. 79-2005, and amendments thereto, involving real estate, excluding appeals of

the valuation or classification of single-family residential

properties and farmsteads and excluding appeals by notfor-profit organizations specified in paragraph (b)(2) of

this regulation .................................. $20.00 per parcel

(2) Applications and appeals filed by not-for-profit organizations if the valuation of the property at issue is less

than $100,000 .................................................... $10.00

(3) Equalization appeals filed pursuant to K.S.A. 79-

1609, and amendments thereto, and payment-under-protest appeals filed pursuant to K.S.A. 79-2005, and amendments thereto, involving the assessment of personal

property ........................................................... $20.00

(4) Appeals from final decisions of the secretary, or the

secretary’s designee, of the Kansas department of revenue, division of taxation, excluding homestead property

tax refund appeals under K.S.A. 79-4501 et seq., and

amendments thereto, and excluding food sales tax refund

appeals under K.S.A. 79-3632 et seq., and amendments

thereto, and appeals from final decisions of the director,

or the director’s designee, of the Kansas department of

revenue, division of property valuation ............. $20.00

(c) For purposes of this regulation, ‘‘valuation’’ shall

mean the valuation shown on the county notice of valuation or the valuation at the time of the filing of the appeal

with the regular division of the court if the valuation has

been reduced by the county appraiser at the informal

hearing, by the hearing officer panel, or by the small

claims division. The filing fee on multiple, contiguous

parcels that comprise one economic unit and are owned

by the same person or entity shall require one filing fee

for the highest-valued parcel, as specified in paragraphs

(a)(5) and (b)(1) of this regulation, and $15.00 for each

additional parcel.

(d) Except as specified in this subsection, each application and appeal listed in subsections (a) and (b) shall

be accompanied by the applicable filing fee in the form

of a check or money order made payable to the court of

tax appeals or shall be paid by credit card. If the fee does

not accompany the filed application or appeal, the fee

shall be received by the court within seven business days

of the receipt of the application or appeal. If the fee is not

received within this time period, the application or appeal shall be considered not appropriately filed with the

court, and the application or appeal shall be dismissed.

(e)(1) If an applicant or taxpayer by reason of poverty

is unable to pay a filing fee and files an affidavit that

states this reason and is accompanied by supporting documentation, the filing fee may be waived by the court.

(2) If an applicant or taxpayer asserts that multiple applications or appeals should be filed as one application

or appeal, upon written request and demonstration that

the matters should be filed as one application or appeal,

all fees or a portion of the fees may be waived by the

court. If the fees have already been paid, all fees paid or

a portion of the fees paid may be refunded by the court.

(f) Public school districts shall be exempt from paying

filing fees. (Authorized by and implementing K.S.A. 2007

Supp. 74-2438a, as amended by 2008 HB 2018, sec. 17;

effective, T-94-8-28-03, Aug. 28, 2003; effective Dec. 5,

2003; amended, T-94-5-27-04, May 27, 2004; amended Oct.

1, 2004; amended, T-94-6-25-08, July 1, 2008.)

Article 3.—ECONOMIC DEVELOPMENT

REVENUE BONDS

94-3-1. Definition of terms. As used in this article,

the following meanings shall apply, to the extent that they

are not inconsistent with K.S.A. 12-1744a through K.S.A.

12-1744d, and amendments thereto, or unless the context

clearly indicates otherwise.

(a) ‘‘The act’’ means K.S.A. 12-1740 et seq., and amendments thereto, which relate to the issuance of certain revenue bonds for the promotion of economic development

by cities or counties and prescribe certain powers and

impose certain duties upon the chief judge of the court of

tax appeals.

(continued)
q Kansas Secretary of State 2008 Vol. 27, No. 29, July 17, 2008

1098 Regulations Kansas Register

(b) ‘‘Bonds’’ means economic development revenue

bonds issued by any city, county, or qualified improvement district under the authority of K.S.A. 12-1740 et seq.,

and amendments thereto.

(c) ‘‘Chief judge’’ means the chief judge of the court of

tax appeals appointed pursuant to K.S.A. 74-2433, and

amendments thereto.

(d) ‘‘Informational statement’’ means the form, including all amendments, papers, documents, and exhibits incidental to the form, prescribed by the chief judge for the

filing of notice pursuant to the act. (Authorized by K.S.A.

74-2437, as amended by 2008 HB 2018, sec. 13; effective

May 1, 1983; amended May 1, 1988; amended Aug. 15,

1997; amended May 24, 2002; amended, T-94-6-25-08, July

1, 2008.)

94-3-2. Filing, fees, and form. Each informational

statement required to be filed pursuant to the act shall be

governed by the following procedures:

(a) Filing procedures.

(1) The informational statement, together with the fees

required in paragraph (b)(1) of this regulation, shall be

deemed filed and the requisite seven-day filing period

shall commence upon the date the informational statement and fees are received in the office of the court. Each

applicant shall address or deliver all communications,

documents, information, and inquiries to the office of the

secretary, court of tax appeals.

(2) Each applicant shall file one informational statement for each proposed issuance of bonds.

(3) If the informational statement is not complete as

originally filed, the applicant shall be notified of the incomplete filing. The applicant shall correct the deficiency

in writing.

(4) If the chief judge finds, following a review of the

informational statement, that all information and documents required to be filed are complete and, based upon

the proposed date of issuance of the bonds, that the statement has been filed in a timely manner, an order or letter

indicating that finding shall be rendered by the chief

judge to the appropriate government officials and bond

counsel.

(5) The following disclaimer shall appear in boldface

type upon the second page of each preliminary offering

document:

‘‘THE CHIEF JUDGE OF THE KANSAS COURT OF TAX

APPEALS HAS NOT REVIEWED ANY INFORMATION

OR DOCUMENT FILED PURSUANT TO THIS INFORMATIONAL FILING FOR THE ADEQUACY OR ACCURACY OF THE DISCLOSURE THEREIN. THIS INFORMATIONAL FILING DOES NOT CONSTITUTE A

RECOMMENDATION OR AN ENDORSEMENT BY

THE CHIEF JUDGE OR THE COURT.’’

Evidence that this disclaimer appears in boldface type

upon the second page of each preliminary offering document shall be filed contemporaneously with the certificate of issuance required by K.S.A. 12-1744c, and amendments thereto.

(6) The certificate of issuance required to be filed by

K.S.A. 12-1744c, and amendments thereto, shall include

the court of tax appeals’ filing number.

(b) Fees.

(1) Each informational statement shall be accompanied

by a filing fee of $250.00. All fees shall accompany the

application and shall be paid by check or money order

made payable to the court of tax appeals. A cash remittance shall not be accepted. If the chief judge receives

notice of refusal of payment of the check or money order

presented in payment of these fees, the application shall

be deemed to be incomplete and not timely filed as required by the act.

(2) Copies of documents filed and recorded in the office

of the court of tax appeals shall be available upon request.

Postage and copy fees shall be paid in advance and in

conformity with K.S.A. 45-204, and amendments thereto.

(c) Forms. The informational statement shall be submitted on forms approved by the chief judge. (Authorized by K.S.A. 12-1744a, as amended by 2008 HB 2018,

sec. 29, and K.S.A. 12-1744b, as amended by 2008 HB

2018, sec. 30; implementing K.S.A. 12-1744a, as amended

by 2008 HB 2018, sec. 29; effective May 1, 1983; amended,

T-85-38, Dec. 19, 1984; amended May 1, 1985; amended

May 1, 1987; amended May 1, 1988; amended Aug. 15,

1997; amended May 24, 2002; amended, T-94-6-25-08, July

1, 2008.)

Article 4.—COURT MEMBER CONTINUED

EDUCATION

94-4-1. Court judge continued education. (a) Each

judge of the court shall complete the education and training courses required by K.S.A. 74-2433, and amendments

thereto, within either of the following, whichever is

shorter:

(1) 24 months immediately following the date of the

judge’s confirmation of appointment to the court; or

(2) the term to which the judge is appointed.

(b) The time period specified in paragraph (a)(1) may

be extended by the executive director depending on the

availability of the required courses and the workload of

the court. (Authorized by and implementing K.S.A. 2007

Supp. 74-2433, as amended by 2008 HB 2018, sec. 2; effective May 24, 2002; amended, T-94-6-25-08, July 1, 2008.)

94-4-2. Administration of judge continued education. The judge education and training program shall be

administered by the executive director. All records of

completed courses shall be maintained in the personnel

office of the court of tax appeals and shall be open for

inspection at any time during normal business hours.

(Authorized by and implementing K.S.A. 2007 Supp. 74-

2433, as amended by 2008 HB 2018, sec. 2; effective May

24, 2002; amended, T-94-6-25-08, July 1, 2008.)

Rebecca W. Crotty

Chief Judge

Doc. No. 035983
Vol. 27, No. 29, July 17, 2008 q Kansas Secretary of State 2008

Regulations/Index 1099 Kansas Register

State of Kansas

Department of Credit Unions

Permanent Administrative

Regulations

Article 10.—CREDIT UNION ANNUAL AUDIT

REQUIREMENTS

121-10-1. Definitions. For purposes of this article,

the following definitions shall apply:

(a) ‘‘Agreed-upon procedures engagement’’ means an

engagement to report on findings based on specific

agreed-upon procedures performed by an independent

certified public accountant. The nature and extent of the

procedures to be performed shall be agreed to and specified in a written agreement between the supervisory

committee and the independent certified public accountant.

(b) ‘‘Audit’’ means a review of a credit union’s receipts,

disbursements, income, assets, and liabilities.

(c) ‘‘Financial statement audit’’ and ‘‘opinion audit’’

mean the examination of a credit union’s financial statements performed by an independent certified public accountant for the purpose of expressing an opinion as to

whether those financial statements of the credit union

present fairly, in all material respects, the financial position and results of operations of the credit union.

(d) ‘‘Independent certified public accountant’’ means a

certified public accountant who meets the following

requirements:

(1) Holds a permit to practice issued by the Kansas

board of accountancy. The independent certified public

accountant’s firm shall be registered with the Kansas

board of accountancy; and

(2) is independent of the credit union as defined by the

code of professional conduct issued by the American institute of certified public accountants.

(e) ‘‘Supervisory committee annual audit and internal

control checklist’’ means the audit and list of a credit union’s work procedures that a credit union submits to the

Kansas department of credit unions on a form supplied

by the department. (Authorized by and implementing

K.S.A. 17-2211; effective Aug. 1, 2008.)

121-10-2. Credit union audit reporting requirements. (a) The supervisory committee of each new credit

union shall be required to obtain an audit of that credit

union as specified in subsection (b) at least once during

the first year of operation.

(b) The supervisory committee of each established

credit union shall be required to obtain, at least once during each calendar year, an audit of that credit union that

covers the entire period of time that has elapsed since the

previous audit. The type of audit required shall be one of

the following, as applicable:

(1) For a credit union with total prior year-end assets

of $10 million or less, a supervisory committee annual

audit and internal control checklist, an agreed-upon procedures engagement, or a financial statement audit;

(2) for a credit union with total prior year-end assets

greater than $10 million but less than $250 million, an

agreed-upon procedures engagement or a financial statement audit; or

(3) for a credit union with total prior year-end assets of

$250 million or greater, a financial statement audit. (Authorized by and implementing K.S.A. 17-2211; effective

Aug. 1, 2008.)

John P. Smith

Administrator

Doc. No. 035994

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 2007 Supplement of theKansas Administrative Regulations.

AGENCY 1: DEPARTMENT OF

ADMINISTRATION

Reg. No. Action Register

1-64-1 New V. 26, p. 1393

AGENCY 3: KANSAS STATE TREASURER

Reg. No. Action Register

3-4-1 Amended V. 26, p. 1045

3-4-2 Amended V. 26, p. 1045

3-4-4 Amended V. 26, p. 1045

3-4-5 Amended V. 26, p. 1045

3-4-6 Amended V. 26, p. 1045

AGENCY 4: DEPARTMENT OF

AGRICULTURE

Reg. No. Action Register

4-2-8 Amended V. 27, p. 16

4-2-20 Amended V. 27, p. 16

4-3-47 Amended V. 27, p. 16

4-3-49 Amended V. 27, p. 16

4-3-51 Amended V. 27, p. 16

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

4-8-14a Amended V. 26, p. 489

4-8-27 Amended V. 26, p. 489

4-8-28 Amended V. 26, p. 489

4-8-29 Amended V. 26, p. 489

4-8-30 Amended V. 26, p. 489

4-8-31 Amended V. 26, p. 489

4-8-33 Amended V. 26, p. 489

4-8-34 Amended V. 26, p. 489

4-8-35 Amended V. 26, p. 489

4-8-39 Amended V. 26, p. 490

4-8-42 Amended V. 26, p. 490

4-11-2 Amended V. 26, p. 100

4-11-3 Amended V. 26, p. 100

4-11-15 New V. 26, p. 101

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

4-15-9 Amended V. 26, p. 81

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

4-16-7a 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

4-19-1 Amended V. 26, p. 173

4-20-11 Amended V. 27, p. 1027

4-28-8

through

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

(continued)
1100 Index to Regulations Kansas Register

q Kansas Secretary of State 2008 Vol. 27, No. 29, July 17, 2008

AGENCY 5: DEPARTMENT OF

AGRICULTURE—DIVISION OF

WATER RESOURCES

Reg. No. Action Register

5-40-1 Amended V. 26, p. 642

5-40-2 Amended V. 26, p. 644

5-40-2a New V. 26, p. 646

5-40-2b New V. 26, p. 647

5-40-3 Amended V. 26, p. 647

5-40-4 Amended V. 26, p. 647

5-40-5 Amended V. 26, p. 648

5-40-5a New V. 26, p. 648

5-40-8 Amended V. 26, p. 648

5-40-9 Revoked V. 26, p. 648

5-40-10 Revoked V. 26, p. 648

5-40-11 Revoked V. 26, p. 648

5-40-12 Amended V. 26, p. 648

5-40-13 Revoked V. 26, p. 649

5-40-20 New V. 26, p. 649

5-40-21 New V. 26, p. 649

5-40-22 New V. 26, p. 649

5-40-23 New V. 26, p. 650

5-40-24 New V. 26, p. 650

5-40-26 New V. 26, p. 651

5-40-30 New V. 26, p. 651

5-40-31 New V. 26, p. 652

5-40-32 New V. 26, p. 653

5-40-33 New V. 26, p. 653

5-40-40 New V. 26, p. 653

5-40-41 New V. 26, p. 654

5-40-42 New V. 26, p. 654

5-40-43 New V. 26, p. 655

5-40-44 New V. 26, p. 655

5-40-45 New V. 26, p. 655

5-40-46 New V. 26, p. 655

5-40-50 New V. 26, p. 656

5-40-51 New V. 26, p. 656

5-40-52 New V. 26, p. 657

5-40-53 New V. 26, p. 657

5-40-54 New V. 26, p. 657

5-40-55 New V. 26, p. 658

5-40-56 New V. 26, p. 658

5-40-57 New V. 26, p. 658

5-40-70 New V. 26, p. 659

5-40-71 New V. 26, p. 659

5-40-72 New V. 26, p. 659

5-40-73 New V. 26, p. 659

5-40-73a New V. 26, p. 660

5-40-74 New V. 26, p. 661

5-40-75 New V. 26, p. 661

5-40-76 New V. 26, p. 662

5-40-77 New V. 26, p. 662

5-40-90 New V. 26, p. 662

5-40-91 New V. 26, p. 663

5-40-92 New V. 26, p. 663

5-40-93 New V. 26, p. 663

5-40-94 New V. 26, p. 663

5-40-100 New V. 26, p. 663

5-40-101 New V. 26, p. 663

5-40-102 New V. 26, p. 664

5-40-103 New V. 26, p. 664

5-40-104 New V. 26, p. 664

5-40-105 New V. 26, p. 664

5-40-106 New V. 26, p. 664

5-42-1 Amended V. 26, p. 664

5-42-5 New V. 26, p. 665

5-44-7 New V. 26, p. 666

AGENCY 7: SECRETARY OF STATE

Reg. No. Action Register

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

7-44-1

through

7-44-7 New V. 26, p. 505, 506

7-45-1 New V. 27, p. 968

7-45-2 New V. 27, p. 968

AGENCY 10: KANSAS BUREAU

OF INVESTIGATION

Reg. No. Action Register

10-20-1 Amended V. 26, p. 507

10-20-2 Amended V. 26, p. 507

10-20-2a Amended V. 26, p. 507

10-20-4 Amended V. 26, p. 507

AGENCY 11: STATE CONSERVATION

COMMISSION

Reg. No. Action Register

11-8-3 Amended V. 26, p. 1543

11-8-4 Amended V. 26, p. 1543

11-12-1

through

11-12-7 New V. 26, p. 1184-1187

AGENCY 14: DEPARTMENT OF REVENUE—

DIVISION OF ALCOHOLIC

BEVERAGE CONTROL

Reg. No. Action Register

14-8-2 Amended V. 26, p. 1906

14-8-3 Amended V. 26, p. 1906

14-16-23 Revoked V. 26, p. 1906

14-16-24 Revoked V. 26, p. 1906

14-24-1

through

14-24-6 New V. 26, p. 1907

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 28: DEPARTMENT OF HEALTH

AND ENVIRONMENT

Reg. No. Action Register

28-1-5 Amended V. 26, p. 1115

28-1-6 Amended V. 26, p. 1115

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

28-15-35 Amended V. 26, p. 825

28-15-36 Amended V. 26, p. 829

28-15-36a Amended V. 26, p. 829

28-15-37 Amended V. 26, p. 830

28-16-28g Amended V. 27, p. 779

28-16-56c Amended V. 26, p. 283

28-16-56d Amended V. 26, p. 284

28-18-1 Amended V. 26, p. 284

28-18-2 Amended V. 26, p. 288

28-18-4 Amended V. 26, p. 289

28-18-8 Amended V. 26, p. 289

28-18-9 Amended V. 26, p. 290

28-18-11 Amended V. 26, p. 1929

28-18-12 Amended V. 26, p. 290

28-18-13 Amended V. 26, p. 291

28-18-14 Amended V. 26, p. 292

28-18-16 New V. 26, p. 292

28-18-17 New V. 26, p. 293

28-18a-1 Amended V. 26, p. 294

28-18a-2 Amended V. 26, p. 298

28-18a-4 Amended V. 26, p. 299

28-18a-8 Amended V. 26, p. 299

28-18a-9 Amended V. 26, p. 300

28-18a-11 Amended V. 26, p. 1929

28-18a-12 Amended V. 26, p. 300

28-18a-19 Amended V. 26, p. 301

28-18a-21 Amended V. 26, p. 302

28-18a-22 Amended V. 26, p. 302

28-18a-26 Amended V. 26, p. 303

28-18a-32 Revoked V. 26, p. 303

28-18a-33 New V. 26, p. 303

28-19-720 Amended V. 26, p. 951

28-19-728 New V. 26, p. 951

28-19-728a

through

28-19-728f New V. 26, p. 951, 952

28-19-735 Amended V. 26, p. 953

28-19-750 Amended V. 26, p. 953

28-23-16 Revoked V. 27, p. 191

28-24-1

through

28-24-14 Amended V. 26, p. 1510-1514

28-24-15 Revoked V. 26, p. 1514

28-24-16 Revoked V. 26, p. 1514

28-24a-1 New V. 26, p. 1514

28-24a-2 New V. 26, p. 1514

28-24a-3 New V. 26, p. 1515

28-29-28 Amended V. 26, p. 1610

28-29-29 Amended V. 26, p. 1611

28-29-29a Amended V. 26, p. 1611

28-29-29b New V. 26, p. 1612

28-29-30 Amended V. 26, p. 1612

28-29-31 Amended V. 26, p. 1613

28-29-31a New V. 26, p. 1614

28-29-32 Amended V. 26, p. 1614

28-29-33 Amended V. 26, p. 1615

28-29-2011 New V. 26, p. 1615

28-29-2101 Amended V. 26, p. 1615

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

28-35-135a Amended V. 26, p. 1142

28-35-135d Amended V. 26, p. 1144

28-35-135n Amended V. 26, p. 1145

28-35-135p Amended V. 26, p. 1145

28-35-135r Amended V. 26, p. 1147

28-35-177a Amended V. 26, p. 1148

28-35-178a Amended V. 26, p. 1149

28-35-178b Amended V. 26, p. 1150

28-35-180a Amended V. 26, p. 1151

28-35-181d Amended V. 26, p. 1152

28-35-181m Amended V. 26, p. 1153

28-35-181n Amended V. 26, p. 1154

28-35-181o Amended V. 26, p. 1155

28-35-182c Amended V. 26, p. 1155

28-35-184a Amended V. 26, p. 1156

28-35-201 Amended V. 26, p. 1156

28-35-202 Revoked V. 26, p. 1158

28-35-203 Amended V. 26, p. 1158

28-35-216a Amended V. 26, p. 1159

28-35-230g New V. 26, p. 1159

28-35-289 Amended V. 26, p. 1160

28-35-292 Amended V. 26, p. 1162

28-35-308 Amended V. 26, p. 1162

28-35-349 Amended V. 26, p. 1162

28-35-450 Amended V. 26, p. 1162

28-36-33

through

28-36-49 Revoked (T) V. 26, p. 1682

28-36-33

through

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

28-36-70

through

28-36-89 New (T) V. 26, p. 1682-1696

28-36-70

through

28-36-89 New V. 27, p. 73-87
Index to Regulations 1101 Kansas Register

Vol. 27, No. 29, July 17, 2008 q Kansas Secretary of State 2008

28-36-101

through

28-36-108 Amended V. 26, p. 1776-1779

28-36-109 New V. 26, p. 1780

28-46-2 Revoked V. 26, p. 214

28-46-2a New V. 26, p. 215

28-46-25 Amended V. 26, p. 215

28-46-26 Revoked V. 26, p. 215

28-46-26a New V. 26, p. 215

28-46-34a New V. 26, p. 215

28-46-38 Amended V. 26, p. 216

28-54-1

through

28-54-7 New V. 26, p. 1640-1642

28-59-5 Amended V. 27, p. 462

28-61-11 Amended V. 27, p. 464

AGENCY 30: SOCIAL AND

REHABILITATION SERVICES

Reg. No. Action Register

30-4-98 Amended V. 26, p. 1905

30-5-65 Revoked V. 26, p. 1091

30-5-78 Revoked V. 27, p. 1022

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

40-1-37 Amended V. 26, p. 1393

40-1-51 Revoked V. 26, p. 1364

40-2-20 Amended V. 26, p. 101

40-2-29 New V. 27, p. 15

40-2-30 New V. 26, p. 1545

40-3-25 Amended V. 27, p. 15

40-3-34 Revoked V. 26, p. 1423

40-3-52 New V. 27, p. 133

40-4-41 Amended V. 27, p. 434

40-4-41a

through

40-4-41j Revoked V. 27, p. 434, 435

40-7-19 Amended V. 26, p. 881

40-7-20a Amended V. 26, p. 103

40-7-25 Amended V. 26, p. 488

AGENCY 44: DEPARTMENT OF

CORRECTIONS

Reg. No. Action Register

44-6-101 Amended V. 26, p. 817

44-6-125 Amended V. 26, p. 818

44-6-136 Amended V. 26, p. 819

44-11-111 Amended V. 26, p. 819

44-11-113 Amended V. 26, p. 820

44-11-123 Amended V. 26, p. 820

44-12-103 Amended V. 26, p. 1074

44-12-105 Amended V. 26, p. 1075

44-12-106 Amended V. 26, p. 1075

44-12-107 Amended V. 26, p. 1075

44-12-208 Amended V. 26, p. 1075

44-12-210 Amended V. 26, p. 1075

44-12-211 New V. 26, p. 1075

44-12-212 New V. 26, p. 1075

44-12-304 Amended V. 26, p. 1075

44-12-306 Amended V. 26, p. 1076

44-12-308 Amended V. 26, p. 1076

44-12-312 Amended V. 26, p. 1076

44-12-315 Amended V. 26, p. 1076

44-12-320a New V. 26, p. 1076

44-12-325 Amended V. 26, p. 1076

44-12-601 Amended V. 26, p. 1077

44-12-901 Amended V. 26, p. 1079

44-12-902 Amended V. 26, p. 1079

44-12-903 New V. 26, p. 1079

44-12-1101 Amended V. 26, p. 1080

44-12-1201 Amended V. 26, p. 1080

44-12-1301 Amended V. 26, p. 1080

44-12-1302 Amended V. 26, p. 1081

44-12-1303 Amended V. 26, p. 1081

44-12-1306 Amended V. 26, p. 1081

44-12-1308 Amended V. 26, p. 1081

44-13-101a Amended V. 26, p. 1082

44-13-106 Amended V. 26, p. 1082

44-13-201 Amended V. 26, p. 1082

44-13-201a New V. 26, p. 1083

44-13-201b Amended V. 26, p. 1084

44-13-202 Amended V. 26, p. 1084

44-13-307 Amended V. 26, p. 1085

44-13-402 Amended V. 26, p. 1085

44-13-403 Amended V. 26, p. 1085

44-13-404 Amended V. 26, p. 1087

44-13-405a Amended V. 26, p. 1088

44-13-406 Amended V. 26, p. 1089

44-13-408 Amended V. 26, p. 1089

44-13-603 Amended V. 26, p. 1089

44-13-610 Amended V. 26, p. 1089

44-13-701 Amended V. 26, p. 1090

44-13-703 Amended V. 26, p. 1090

44-13-704 Amended V. 26, p. 1090

44-15-101a Amended V. 26, p. 820

44-15-102 Amended V. 26, p. 821

44-15-104 Amended V. 26, p. 822

44-16-104a New V. 26, p. 822

AGENCY 49: DEPARTMENT OF LABOR

Reg. No. Action Register

49-45-36 New V. 26, p. 1647

49-50-6 Amended V. 26, p. 1647

49-50-20 Amended V. 26, p. 1647

AGENCY 50: DEPARTMENT OF LABOR—

DIVISION OF EMPLOYMENT

Reg. No. Action Register

50-3-2 Amended V. 26, p. 1642

AGENCY 51: DEPARTMENT OF LABOR—

DIVISION OF WORKERS COMPENSATION

Reg. No. Action Register

51-9-7 Amended V. 26, p. 1639

AGENCY 60: BOARD OF NURSING

Reg. No. Action Register

60-4-101 Amended V. 26, p. 446

60-7-106 Amended V. 26, p. 447

60-8-101 Amended V. 26, p. 448

60-9-106 Amended V. 26, p. 1112

60-11-119 Amended V. 26, p. 448

60-17-102 Amended V. 26, p. 448

60-17-103 Amended V. 26, p. 449

60-17-104 Amended V. 26, p. 449

60-17-105 Amended V. 26, p. 450

60-17-107 Amended V. 26, p. 450

60-17-108 Amended V. 26, p. 451

60-17-110 Amended V. 26, p. 451

AGENCY 63: BOARD OF MORTUARY ARTS

Reg. No. Action Register

63-1-1 Amended V. 26, p. 126

63-2-26 New V. 27, p. 108

63-4-1 Amended V. 27, p. 108

63-5-1 Amended V. 26, p. 126

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

66-9-5 Amended V. 26, p. 1024

66-10-1 Amended V. 27, p. 317

66-10-10a Amended V. 26, p. 1024

66-11-5 Amended V. 26, p. 1025

AGENCY 67: BOARD OF EXAMINERS

IN THE FITTING AND DISPENSING OF

HEARING INSTRUMENTS

Reg. No. Action Register

67-5-3 Revoked V. 26, p. 692

67-5-4 Amended V. 26, p. 692

67-5-5 New V. 26, p. 692

AGENCY 68: BOARD OF PHARMACY

Reg. No. Action Register

68-5-16 Amended V. 26, p. 488

68-7-11 Amended V. 26, p. 1112

68-7-12 Amended V. 26, p. 1114

68-7-20 Amended V. 27, p. 435

68-20-17 Amended V. 26, p. 488

AGENCY 69: BOARD OF COSMETOLOGY

(by Dept. of Health and Environment)

Reg. No. Action Register

69-12-6 Revoked V. 26, p. 1515

69-12-13 Revoked V. 26, p. 1515

AGENCY 70: BOARD OF

VETERINARY EXAMINERS

Reg. No. Action Register

70-5-1 Amended V. 26, p. 1863

AGENCY 74: BOARD OF ACCOUNTANCY

Reg. No. Action Register

74-1-2 Amended V. 26, p. 1954

74-1-3 Amended V. 26, p. 1954

74-1-6 Amended V. 26, p. 1955

74-1-8 Amended V. 26, p. 1955

74-2-7 Amended V. 26, p. 1955

74-4-1a Amended V. 26, p. 126

74-4-7 Amended V. 27, p. 626

74-4-8 Amended V. 27, p. 626

74-4-9 Amended V. 27, p. 627

74-4-10 Amended V. 27, p. 627

74-5-2 Amended V. 26, p. 1956

74-5-101 Amended V. 26, p. 1957

74-5-105 Revoked V. 26, p. 127

74-5-201 Amended V. 26, p. 1957

74-5-202 Amended V. 26, p. 1957

74-5-204 Revoked V. 26, p. 1957

74-5-403 Amended V. 26, p. 128

74-5-405a New V. 26, p. 1957

74-5-406 Amended V. 26, p. 1958

74-5-408 New V. 26, p. 128

74-6-1 Amended V. 26, p. 1958

74-7-2 Amended V. 26, p. 1958

74-11-6 Amended V. 26, p. 128

AGENCY 82: STATE CORPORATION

COMMISSION

Reg. No. Action Register

82-3-103 Amended V. 26, p. 1609

82-3-119 Revoked V. 26, p. 1643

82-3-123 Amended V. 26, p. 1643

82-3-123a Amended V. 26, p. 1644

82-3-124 Amended V. 26, p. 1644

82-3-131 Amended V. 26, p. 1645

82-3-140 Amended V. 26, p. 1645

82-3-300 Amended V. 26, p. 1645

82-3-303 Amended V. 26, p. 823

82-3-304 Amended V. 26, p. 824

82-3-408 Amended V. 26, p. 1646

82-3-603a New V. 26, p. 1610

82-4-30a Amended (T) V. 26, p. 1930

82-4-30a Amended V. 27, p. 1020

82-11-1 Amended V. 27, p. 43

82-11-3 Amended V. 27, p. 43

82-11-4 Amended V. 27, p. 44

82-11-7 Amended V. 27, p. 49

82-11-8 Amended V. 27, p. 49

AGENCY 86: REAL ESTATE COMMISSION

Reg. No. Action Register

86-1-2 Amended V. 26, p. 1728

86-1-5 Amended V. 26, p. 1728

86-1-10 Amended V. 26, p. 1729

86-1-11 Amended V. 26, p. 1730

86-1-13 Amended V. 26, p. 1731

86-1-15 Amended V. 26, p. 1732

86-1-17 Amended V. 26, p. 1732

86-1-18 Amended V. 26, p. 1733

86-1-19 Amended V. 26, p. 1733

86-1-20 New V. 26, p. 1734

86-2-3 Revoked V. 26, p. 1734

86-2-5 Revoked V. 26, p. 1734

86-2-7 Revoked V. 26, p. 1734

86-3-3 Revoked V. 26, p. 1734

86-3-8 Amended V. 26, p. 1734

86-3-9 Amended V. 26, p. 1734

86-3-15 Amended V. 26, p. 1734

86-3-21 Amended V. 26, p. 1735

86-3-22 Amended V. 26, p. 1735

86-3-26a New V. 26, p. 1736

(continued)
1102 Index to Regulations Kansas Register

q Kansas Secretary of State 2008 Vol. 27, No. 29, July 17, 2008

AGENCY 88: BOARD OF REGENTS

Reg. No. Action Register

88-3-8 Revoked V. 26, p. 1141

88-3-8a New V. 26, p. 1141

88-3-12 Amended V. 26, p. 1141

88-24-1 Amended V. 26, p. 1142

88-24-2 Amended V. 26, p. 1142

88-29-1

through

88-29-19 New V. 26, p. 216-229

88-30-1 New V. 26, p. 1544

88-30-2 New V. 26, p. 1544

88-30-3 New V. 26, p. 1544

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

91-1-202 Amended V. 26, p. 1218

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

91-1-234 New V. 26, p. 1226

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

92-19-16a Amended V. 26, p. 408

92-19-16b New V. 26, p. 409

92-19-55a Revoked V. 26, p. 409

92-19-70 Revoked V. 27, p. 868

92-19-81 Amended V. 26, p. 409

92-21-7 Revoked V. 26, p. 409

92-21-8 Revoked V. 26, p. 409

92-21-10 Revoked V. 26, p. 409

92-21-14 Amended V. 26, p. 409

92-21-16 Revoked V. 26, p. 409

92-21-17 Revoked V. 26, p. 409

92-27-1

through

92-27-5 New V. 26, p. 1648, 1649

AGENCY 97: KANSAS COMMISSION ON

VETERANS’ AFFAIRS

Reg. No. Action Register

97-6-1 New V. 26, p. 484

97-6-2 New V. 26, p. 485

97-6-4

through

97-6-11 New V. 26, p. 485-488

AGENCY 99: DEPARTMENT OF

AGRICULTURE—DIVISION OF

WEIGHTS AND MEASURES

Reg. No. Action Register

99-25-1 Amended V. 27, p. 108

99-25-9 Amended V. 27, p. 108

99-25-11 New V. 27, p. 109

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 V. 26, p. 1258

100-15-5 Amended V. 26, p. 384

100-15-6 Amended V. 26, p. 385

100-22-6 New V. 26, p. 1642

100-22-7 New V. 26, p. 1043

100-22-8 New V. 26, p. 1367

100-22-8 Revoked (T) V. 26, p. 1929

100-22-8 Revoked V. 27, p. 357

100-22-8a New (T) V. 26, p. 1929

100-22-8a New V. 27, p. 357

100-28a-1 Amended V. 26, p. 1753

100-29-7 Amended V. 27, p. 209

100-49-4 Amended V. 26, p. 1258

100-49-10 New V. 26, p. 1367

100-54-4 Amended V. 27, p. 209

100-54-7 Amended V. 26, p. 1043

100-54-8 Amended V. 26, p. 1044

100-55-4 Amended V. 27, p. 209

100-73-1 Amended V. 26, p. 1258

100-73-9 Amended V. 27, p. 315

AGENCY 102: BEHAVIORAL SCIENCES

REGULATORY BOARD

Reg. No. Action Register

102-1-7 Revoked V. 26, p. 881

102-1-12 Amended V. 27, p. 407

102-1-13 Amended V. 26, p. 1774

102-2-3 Amended V. 26, p. 1775

102-2-10 Revoked V. 26, p. 881

102-3-2 Amended V. 26, p. 1775

102-3-8a Revoked V. 26, p. 881

102-4-2 Amended V. 26, p. 1775

102-4-8a Revoked V. 26, p. 881

102-5-2 Amended V. 26, p. 1776

102-5-8 Revoked V. 26, p. 881

102-6-8 Amended V. 26, p. 881

AGENCY 105: BOARD OF

INDIGENTS’ DEFENSE SERVICES

Reg. No. Action Register

105-11-1 Amended V. 26, p. 1752

AGENCY 110: DEPARTMENT OF COMMERCE

Reg. No. Action Register

110-13-10 Amended V. 26, p. 1752

110-13a-1 New V. 27, p. 1063

110-13a-2 New V. 27, p. 1063

110-13a-3 New V. 27, p. 1064

110-15-1

through

110-15-4 New V. 26, p. 1864

110-16-1

through

110-16-4 New V. 26, p. 1865, 1866

110-17-1

through

110-17-4 New V. 26, p. 1866, 1867

110-18-1

through

110-18-4 New V. 26, p. 1867, 1868

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

111-4-2614 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

111-5-127 Amended V. 27, p. 442

111-5-128 Amended V. 27, p. 443

111-5-132 Amended V. 27, p. 443

AGENCY 112: RACING AND

GAMING COMMISSION

Reg. No. Action Register

112-4-9a Amended V. 27, p. 19

112-4-14a Amended V. 27, p. 19

112-5-1 Amended V. 27, p. 19

112-6-1 Amended V. 27, p. 20

112-7-6 Amended V. 27, p. 20

112-7-8 Amended V. 27, p. 21

112-7-15a Amended V. 27, p. 21

112-7-16 Amended V. 27, p. 22

112-7-18a Amended V. 27, p. 22

112-7-20 Amended V. 27, p. 23

112-8-9 Amended V. 27, p. 23

112-10-12 Amended V. 27, p. 23

112-10-32 Amended V. 27, p. 23

112-11-10 Amended V. 27, p. 24

112-11-20 Amended V. 27, p. 24

112-18-1 Amended V. 27, p. 26

AGENCY 115: DEPARTMENT OF

WILDLIFE AND PARKS

Reg. No. Action Register

115-2-1 Amended V. 26, p. 1722

115-2-3a Amended V. 27, p. 570

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. 26, p. 1725

115-7-8 Amended V. 27, p. 405

115-7-9 Amended V. 27, p. 406

115-8-1 Amended V. 27, p. 572

115-8-7 Amended V. 26, p. 1364

115-8-13 Amended V. 27, p. 112

115-9-9 Amended V. 26, p. 641

115-18-7 Amended V. 27, p. 406

115-18-10 Amended V. 26, p. 1727

115-18-12 Amended V. 26, p. 1728

115-18-20 Amended V. 26, p. 1728

115-30-1 Amended V. 26, p. 1364

115-30-5 Amended V. 26, p. 1365

115-30-7 Amended V. 26, p. 1365

115-30-8 Amended V. 26, p. 1365

115-30-10 Amended V. 26, p. 1366

115-30-12 New V. 26, p. 1366
Index to Regulations 1103 Kansas Register

Vol. 27, No. 29, July 17, 2008 q Kansas Secretary of State 2008

AGENCY 117: REAL ESTATE

APPRAISAL BOARD

Reg. No. Action Register

117-1-1 Amended V. 26, p. 1259

117-2-1 Amended V. 26, p. 1259

117-2-2 Amended V. 26, p. 1260

117-2-2a Amended V. 27, p. 16

117-2-3 Amended V. 26, p. 1261

117-2-4 Amended V. 26, p. 1261

117-3-1 Amended V. 26, p. 1262

117-3-2 Amended V. 26, p. 1265

117-3-2a Amended V. 27, p. 17

117-3-4 Amended V. 26, p. 1264

117-4-1 Amended V. 26, p. 1264

117-4-2 Amended V. 26, p. 1265

117-4-2a Amended V. 27, p. 17

117-4-3 Amended V. 26, p. 1266

117-4-4 Amended V. 26, p. 1266

117-5-2a Amended V. 27, p. 18

117-6-1 Amended V. 27, p. 357

117-6-2 Amended V. 26, p. 1267

117-7-1 Amended V. 27, p. 18

117-8-1 Amended V. 27, p. 19

AGENCY 118: STATE HISTORICAL SOCIETY

Reg. No. Action Register

118-4-4 Amended V. 26, p. 46

AGENCY 121: DEPARTMENT OF

CREDIT UNIONS

Reg. No. Action Register

121-2-1 Amended V. 26, p. 1908

121-3-1 Amended V. 26, p. 1908

121-5-4 New V. 26, p. 1909

121-9-1 New V. 26, p. 1910

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

129-5-65 New V. 26, p. 1091

129-5-78 New V. 27, p.1022
Kansas Register

Secretary of State

1st Floor, Memorial Hall

120 S.W. 10th Ave.

Topeka, KS 66612-1594

Use this form or a copy of it to enter a subscription:

One-year subscription @ $80 ea.

(Kansas residents must include

applicable state and local sales tax.)

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Rec. No. _________ Exp. _________ Code __________

Mail either form to: Kansas Register, Secretary of State, 1st Floor,

Memorial Hall, 120 S.W. 10th Ave., Topeka, KS 66612-1594
Vol. 28, No. 29 July 16, 2009 Pages 1087-1122

In this issue . . . Page

Legislative interim committee schedule............................................................................................... 1088

Facilities Closure and Realignment Commission

Notice of hearings ........................................................................................................................ 1089

Kansas Department of Transportation

Requests for comments on the Statewide Transportation Improvement Program ...................................... 1089

Request for bids for transit vehicles ................................................................................................. 1089

State Conservation Commission

Notice of meetings........................................................................................................................ 1090

Secretary of State

Notice of corporations forfeited....................................................................................................... 1090

Department of Administration—Division of Purchases

Notice to bidders for state purchases................................................................................................ 1090

Federal Emergency Management Agency

Public notices ...................................................................................................................... 1091, 1092

Department of Revenue

Notice of available publications....................................................................................................... 1093

Historic Sites Board of Review

Notice of meeting ......................................................................................................................... 1094

Department of Labor—Division of Workers Compensation

Notice of hearing on proposed administrative regulations.................................................................... 1094

Kansas Sentencing Commission

Notice of committee meetings......................................................................................................... 1095

Notice of Bond Sale

City of Chanute ........................................................................................................................... 1095

City of Wichita (corrected) ............................................................................................................. 1096

City of Andale

Notice of intent to seek private placement of general obligation bonds ................................................... 1097

Department of Revenue—Division of Motor Vehicles

Notice of intent to establish a new line-make for an existing new motor vehicle dealer .............................. 1097

Kansas State University

Notice to bidders.......................................................................................................................... 1098

University of Kansas

Notice to bidders.......................................................................................................................... 1098

Department of Health and Environment

Notice concerning water pollution control permits/applications............................................................. 1098

Notice of hearing on state implementation plan revision...................................................................... 1100

Pooled Money Investment Board

Notice of investment rates.............................................................................................................. 1101

Temporary Administrative Regulations

Behavioral Sciences Regulatory Board .............................................................................................. 1101

Board of Regents.......................................................................................................................... 1101

Kansas Lottery............................................................................................................................. 1109

Index to administrative regulations .................................................................................................... 1116
q Kansas Secretary of State 2009 Vol. 28, No. 29, July 16, 2009

1088 Interim Agenda Kansas Register

State of Kansas

Legislature

Interim Committee Schedule

The following committee meetings have been scheduled during the period of July 28-29. 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

July 28

July 29

545-N

545-N

10:00 a.m.

9:00 a.m.

Joint Committee on

Legislative Educational

Planning

Budget updates from K-12 and higher

education, and review a variety of K-12

issues.

July 29 535-N 10:00 a.m. Kansas Electric

Transmission Authority

Possible matters of discussion: ITC/Great

Plains docket before the KCC; Southwest

Power Pool Regional State Committee

and Board meetings; plans for a meeting

of state infrastructure authorities; and

other KETA business.

Jeffrey M. Russell

Director of Legislative

Administrative Services

Doc. No. 037278

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
Vol. 28, No. 29, July 16, 2009 q Kansas Secretary of State 2009

Notices/Request for Comments 1089 Kansas Register

State of Kansas

Facilities Closure and

Realignment Commission

Notice of Hearings

The Facilities Closure and Realignment Commission will

be hosting public hearings in Topeka. The first hearing will

be to discuss the Kansas State School for the Deaf and will

begin at 1 p.m. Monday, July 27, in Room 143-N, State Capitol, 300 S.W. 10th Ave. The second hearing will be at 10:30

a.m. Tuesday, July 28, at the Rehabilitation Center for the

Blind and Visually Impaired located at 2601 S.W. East Circle Drive North (1st and MacVicar, Kanza Business and

Technology Park). For more information, contact the commission at Closure.Commission@ks.gov.

Rochelle Chronister

Chair

Doc. No. 037286

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 2009-2012 by

adding the following American Recovery Reform Act

projects:

Project KA-1810-01, Track and Bridge Rehabilitation,

Nebraska Kansas Colorado Railway, Inc. at or near St.

Francis in Cheyenne, Decatur, and Rawlins counties

Project KA-1811-01, Extend 10-Car Siding to 25-Car Capacity, Kansas and Oklahoma Railroad at Sawyer Farmers

Coop, Pratt County

Project KA-1812-01, Construct 2,000 ft. of Siding and a

New Switch, Kyle Railroad Company — Nesika Sidetrack, Republic County

Project KA-1813-01, Expand Siding from 4 Railcars to

15 Railcars, Kansas and Oklahoma Railroad at Alexander

Mid-States Farmers Coop, Rush County

The amendment of the STIP requires a 30-day public

comment period. 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 August 17.

Deb Miller

Secretary of Transportation

Doc. No. 037283

State of Kansas

Department of Transportation

Request for Bids

The Kansas Department of Transportation’s Office of

Public Transportation announces that the Kansas

Coordinated Transit District Council is now accepting

courtesy bids for Kansas’ transit vehicles.

These courtesy bids will cover six types of 2010 modelyear transit vehicles, including minivans, ramp minivans,

and 13- and 20-passenger small transit buses with optional wheelchair lifts. The transit vehicles will be funded

by the Federal Transit Administration and the state of

Kansas, and must comply with all applicable federal laws

(including FMVSS and ADA requirements) and state

laws for passenger vehicles of this type. These vehicles

will be used in the KDOT Public Transportation Program

to transport the elderly, disabled, and the general public.

The bid opening is scheduled for 9 a.m. Monday, August 31, in Wichita. Inquiries or requests for a bid package

(on CD-ROM) should be made directly to Sarah Krom,

Chairperson, Kansas Coordinated Transit District Council, P.O. Box 838, Great Bend, 67530, (620) 792-1321.

Deb Miller

Secretary of Transportation

Doc. No. 037274

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 2009-2012 by

adding the following intercity passenger rail study:

• The development of a Service Development Plan

to prepare rationale (including purpose and need),

service/operating plan and prioritized capital

plan, and implementation plan (including project

management approach, stakeholder agreements

and financial plan) for potential expanded passenger rail service between Kansas City, Missouri,

and Oklahoma City, Oklahoma, via Newton, Kansas.

The amendment of the STIP requires a 30-day public

comment period. To receive more information on this

project or to make comments on the STIP amendment,

contact the Kansas Department of Transportation, Bureau

of Transportation Planning, 2nd Floor Tower, Eisenhower State Office Building, 700 S.W. Harrison, Topeka,

66603-3754, (785) 296-3228, fax (785) 296-0963.

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 August 17.

Deb Miller

Secretary of Transportation

Doc. No. 037281
q Kansas Secretary of State 2009 Vol. 28, No. 29, July 16, 2009

1090 Meetings/Notices Kansas Register

State of Kansas

State Conservation Commission

Notice of Meetings

The State Conservation Commission will have a joint

meeting with the Kansas Association of Conservation

Districts Monday, August 3, at the Bank of America Community Building, 118 N. Main., Lindsborg. The regular

business meeting of the commission will begin at approximately 10 a.m. and the joint meeting will begin at 8

a.m. If special accommodations are needed, individuals

should contact the State Conservation Commission at

least three business days prior to the meeting at (785) 296-

3600.

Greg A. Foley

Executive Director

Doc. No. 037276

State of Kansas

Secretary of State

Notice of Corporations Forfeited

In accordance with K.S.A. 17-7510, the articles of incorporation of the following corporations organized under

the laws of Kansas and the authority of the following foreign corporations authorized to do business in Kansas

were forfeited during the month of June 2009 for failure

to timely file an annual report and pay the annual report

fee as required by the Kansas general corporation code:

Domestic Corporations

Access to Services, Inc., Lawrence, KS.

AccountData Staffing, Inc., Littleton, CO.

Angel De La Guarda Inc., Overland Park, KS.

Armour Insulation, L.L.C., Lenexa, KS.

Better Business Bureau of Kansas Incorporated, Wichita, KS.

Caney Valley Iron & Supply, Inc., Caney, KS.

Coffelt Corp., Roeland Park, KS.

COS, Incorporated, Mulvane, KS.

Deer Creek Court Homes Association, Inc.,

Overland Park, KS.

Fencecorp, LLC, Valley Center, KS.

Georgetown Village Home Health Agency, Inc., Wichita, KS.

H. Wayne Palmer & Associates, Inc., Overland Park, KS.

Hatcher Farms, Inc., Goodland, KS.

Hughs Livestock, Inc., Syracuse, KS.

Jet Connect, Inc., Oberlin, KS.

Kansas Communication Systems, Inc., Chanute, KS.

Keith’s Irrigation, Inc., Kinsley, KS.

KJF Enterprises, Inc., Ottawa, KS.

L. J. Thompson, Inc., Newton, KS.

McPherson Multi-List Service, Inc., McPherson, KS.

Phazetwo, Inc., Leawood, KS.

Pride Investments, Inc., Wichita, KS.

Primus Healthcare Corporation, Overland Park, KS.

Project Concern of Atchison, Atchison, KS.

Reeves Services, Inc., Atwood, KS.

RLB Management Company, Inc., Leawood, KS.

Rosedale Optimist Club, Inc., Shawnee, KS.

Se Lah Family Restaurant and Entertainment Center Inc.,

Wichita, KS.

Shawnee County Amateur Baseball Association, Inc.,

Topeka, KS.

Smiling Face Ministries, Inc., Lenexa, KS.

Spear’s Food Service Company, Wichita, KS.

Tech Build Company, Inc., Topeka, KS.

The Blue Sky R/C IMAA Chapter #291, Inc., Topeka KS.

The Kiwanis Club, Inc., Larned, Kansas, Larned, KS.

Topeka, Kansas Chapter No.142 of the National Association of

Women in Construction, Topeka, KS.

United Fund of Hoisington, Hoisington, KS.

Unruh Automotive Service, Inc., Wichita, KS.

Foreign Corporations

Access Cash International L.L.C., Portland, OR.

Advanced Delivery Systems, Inc., Westport, CT.

Air Race Classic, Inc., Cheney, KS.

Amata Oil Company, Inc., Council Bluffs, IA.

Coleridge Design & Imaging, Inc., Kansas City, MO.

EMC Residential Mortgage Corporation,

Lewisville, TX.

GMG Investments LLC, Thousand Oaks, CA.

K & W Well Service, Inc., Cushing, OK.

Lippert Mechanical Service Corp., Kansas City, MO.

Oriental Culture Association, Farmington Hills. MI.

Plymouth Park Tax Services LLC, Whippany, NJ.

Points of Light Foundation, Washington, DC.

Red Echo Group, Olathe, KS.

Sharon, Inc., Tekamah, NE.

Sloan Acquisition Corporation, Kansas City, MO.

World Web Access, Inc., Pearl River, NY.

Ron Thornburgh

Secretary of State

Doc. No. 037269

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:

07/27/2009 12398 Site Work Jardine D

07/29/2009 12391 Abandoned Well Plugging

07/29/2009 12395 Digital Microwave Video Downlink

System

07/30/2009 12393 Aggregate (AIC, MRA, AB, Riprap,

Ditch Lining, Cover Material)

07/30/2009 12394 The University of Kansas Medical Center

ASL Interpreting Service

07/30/2009 12399 Elevator Modernization

08/07/2009 12387 Technical Environment Software

AG (SAG) Products Assessment

08/11/2009 12390 Independent Audits of Disproportionate

Share Hospital (DSH) Payments

The above-referenced bid documents can be downloaded at the following Web site:

http://www.da.ks.gov/purch/

Additional files may be located at the following Web

site (please monitor this Web site on a regular basis for

any changes/addenda):

http://da.state.ks.us/purch/adds/default.htm

Chris Howe

Director of Purchases

Doc. No. 037282
Vol. 28, No. 29, July 16, 2009 q Kansas Secretary of State 2009

Notice 1091 Kansas Register

(Published in the Kansas Register July 16, 2009.)

Federal Emergency Management Agency

Public Notice

The Department of Homeland Security, Federal Emergency Management Agency (FEMA), hereby gives notice

to the public of its intent to reimburse state and local governments and agencies, and eligible private nonprofit organizations, for eligible costs incurred to repair and/or

replace facilities damaged by severe winter storm and

record and near record snowfall. This notice applies to

the Public Assistance (PA) and Hazard Mitigation Grant

(HMGP) programs implemented under the authority of

the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 USC §§ 5121-5206, as amended.

Under a major disaster declaration (FEMA-1848-DRKS) signed by the President on June 24, 2009, the following counties in the state of Kansas have been designated

for PA: Butler, Chase, Chautauqua, Coffey, Cowley, Dickinson, Elk, Grant, Greenwood, Harvey, Lyon, Marion,

Sumner and Woodson.

This public notice concerns public assistance activities

that may affect historic properties, activities that are located in or affect wetland areas or the 100-Year Floodplain (areas determined to have a 1 percent probability

of flooding in any given year), and critical actions within

the 500-Year Floodplain. Such activities may adversely

affect the historic property, floodplain or wetland, or may

result in continuing vulnerability to flood damage.

Such activities may include restoring facilities located

in a floodplain with eligible damage to pre-disaster condition. Examples of such activities include, but are not

limited to, the following:

1. Non-emergency debris removal and disposal;

2. Non-emergency protective measures;

3. Repair/replacement of roads, including streets, culverts, and bridges;

4. Repair/replacement of public dams, reservoirs and

channels;

5. Repair/replacement of public buildings and related

equipment;

6. Repair/replacement of public water control facilities,

pipes and distribution systems;

7. Repair/replacement of public utilities, including

sewage treatment plants, sewers and electrical

power distribution systems; and

8. Repair/replacement of eligible private, nonprofit facilities (hospitals, educational centers, emergency

and custodial care services, etc.).

The President’s Executive Order 11988, Floodplain

Management, and Executive Order 11990, Protection of

Wetlands, requires that all federal actions in or affecting

the 100-Year floodplain or wetland areas be reviewed for

opportunities to move the facility out of the floodplain or

wetland and to reduce the risk of future damage or loss

from flooding and minimize harms to wetlands. However, FEMA has determined that in certain situations,

there are no alternatives to restoring an eligible facility

located in the floodplain to its pre-disaster condition.

These situations meet all of the following criteria:

1. The FEMA estimated cost of repairs is less than 50

percent of the estimated cost to replace the facility

and the replacement cost of the facility is less than

$100,000.

2. The facility is not located in a floodway or coastal

high hazard area.

3. The facility has not sustained structural damage in

a previous presidentially declared flood disaster or

emergency.

4. The facility is not defined as critical (e.g., hospital,

generating plant, contains dangerous materials,

emergency operation center, etc.).

FEMA will provide assistance to restore the facilities

described above to their pre-disaster condition except

when measures to mitigate the effects of future flooding

may be incorporated into the restoration work. For example, insufficient waterway openings under culverts

and bridges may cause water backup to wash out the

structures. The water backup could wash out the facility

and could damage other facilities in the area. Increasing

the size of the waterway opening would mitigate, or

lessen, the potential for this damage. Additional examples of mitigation measures include providing erosion

protection at bridge abutments or levees, and extending

entrance tubes on sewage lift stations.

Disaster assistance projects to restore facilities, which

do not meet the criteria listed above, must undergo a detailed review. The review will include a study to determine if the facility can be moved out of the floodplain.

The public is invited to participate in the review. The public may identify alternatives for restoring the facility and

may participate in analyzing the impact of the alternatives on the facility and the floodplain. An address and

phone number for obtaining information about specific

assistance projects is provided at the end of this notice.

The final determination regarding the restoration of these

facilities in a floodplain will be announced in future public notices.

Due to the urgent need for and/or use of the certain

facilities in a floodplain, actions to restore the facility may

have started before the federal inspector visits the site.

Some of these facilities may meet the criteria for a detailed

review to determine if they should be relocated. Generally, facilities may be restored in their original location

where at least one of the following conditions applies:

1. The facility, such as a flood control device or bridge,

is functionally dependent on its floodplain location.

2. The facilities, such as a park or other open-use space,

already represent sound floodplain management

and, therefore, there is no need to change it.

3. The facility, such as a road or a utility, is an integral

part of a larger network that could not be relocated

economically.

4. Emergency action is needed to address a threat to

public health and safety.

The effects of not relocating the facilities will be examined. In each case, the examination must show an

overriding public need for the facility at its original location that clearly outweighed the requirements in the

Executive Order to relocate the facility out of the flood-

(continued)
q Kansas Secretary of State 2009 Vol. 28, No. 29, July 16, 2009

1092 Notices Kansas Register

plain. FEMA will also consult state and local officials to

make certain that no actions taken will violate either state

or local floodplain protection standards. The restoration

of these facilities may also incorporate certain measures

designed to mitigate the effects of future flooding. This

will be the only notice to the public concerning these facilities.

FEMA also intends to provide Hazard Mitigation

Grant Program (HMPG) funding under Section 404 of the

Stafford Act to the state of Missouri for the purposes of

mitigating future disaster damages. Hazard mitigation

projects may involve the construction of a new facility

(e.g., retention pond or debris dam), modification of an

existing undamaged facility (e.g., improving waterway

openings of bridges or culverts), and the relocation of facilities out of the floodplain. Subsequent notices will provide more specific information as project proposals are

developed.

Information about assistance projects may be obtained

by submitting a written request to the Regional Director,

DHS-FEMA Region VII, 9221 Ward Parkway, Suite 300,

Kansas City, MO 64114-3372. The information may also

be obtained by calling (816) 283-7060 between the hours

of 8 a.m. and 4:30 p.m., Monday through Friday. Comments should be sent in writing to the Regional Director,

at the above address, within 15 days of the date of publication of this notice.

Scott Sanders

Public Information Officer

FEMA External Affairs

Doc. No. 037284

(Published in the Kansas Register July 16, 2009.)

Federal Emergency Management Agency

Public Notice

The Department of Homeland Security, Federal Emergency Management Agency (FEMA), hereby gives notice

to the public of its intent to reimburse state and local governments and agencies, and eligible private nonprofit organizations, for eligible costs incurred to repair and/or

replace facilities damaged by severe storms, flooding,

straight-line winds and tornados. This notice applies to

the Public Assistance (PA) and Hazard Mitigation Grant

(HMGP) programs implemented under the authority of

the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 USC §§ 5121-5206, as amended.

Under a major disaster declaration (FEMA-1849-DRKS) signed by the President on June 25, 2009, the following counties in the state of Kansas have been designated

for PA: Anderson, Barber, Bourbon, Butler, Chase, Cherokee, Coffey, Cowley, Crawford, Elk, Finney, Greenwood, Harper, Harvey, Kingman, Labette, Linn, Lyon,

Marion, Marshall, Montgomery, Morris, Neosho, Reno,

Rice, Sumner, Wabaunsee and Wilson.

This public notice concerns public assistance activities

that may affect historic properties, activities that are located in or affect wetland areas or the 100-Year Floodplain (areas determined to have a 1 percent probability

of flooding in any given year), and critical actions within

the 500-Year Floodplain. Such activities may adversely

affect the historic property, floodplain or wetland, or may

result in continuing vulnerability to flood damage.

Such activities may include restoring facilities located

in a floodplain with eligible damage to pre-disaster condition. Examples of such activities include, but are not

limited to, the following:

1. Non-emergency debris removal and disposal;

2. Non-emergency protective measures;

3. Repair/replacement of roads, including streets, culverts, and bridges;

4. Repair/replacement of public dams, reservoirs and

channels;

5. Repair/replacement of public buildings and related

equipment;

6. Repair/replacement of public water control facilities,

pipes and distribution systems;

7. Repair/replacement of public utilities, including

sewage treatment plants, sewers and electrical

power distribution systems; and

8. Repair/replacement of eligible private, nonprofit facilities (hospitals, educational centers, emergency

and custodial care services, etc.).

The President’s Executive Order 11988, Floodplain

Management, and Executive Order 11990, Protection of

Wetlands, requires that all federal actions in or affecting

the 100-Year floodplain or wetland areas be reviewed for

opportunities to move the facility out of the floodplain or

wetland and to reduce the risk of future damage or loss

from flooding and minimize harms to wetlands. However, FEMA has determined that in certain situations,

there are no alternatives to restoring an eligible facility

located in the floodplain to its pre-disaster condition.

These situations meet all of the following criteria:

1. The FEMA estimated cost of repairs is less than 50

percent of the estimated cost to replace the facility

and the replacement cost of the facility is less than

$100,000.

2. The facility is not located in a floodway or coastal

high hazard area.

3. The facility has not sustained structural damage in

a previous presidentially declared flood disaster or

emergency.

4. The facility is not defined as critical (e.g., hospital,

generating plant, contains dangerous materials,

emergency operation center, etc.).

FEMA will provide assistance to restore the facilities

described above to their pre-disaster condition except

when measures to mitigate the effects of future flooding

may be incorporated into the restoration work. For example, insufficient waterway openings under culverts

and bridges may cause water backup to wash out the

structures. The water backup could wash out the facility

and could damage other facilities in the area. Increasing

the size of the waterway opening would mitigate, or

lessen, the potential for this damage. Additional examples of mitigation measures include providing erosion

protection at bridge abutments or levees, and extending

entrance tubes on sewage lift stations.

Disaster assistance projects to restore facilities, which

do not meet the criteria listed above, must undergo a de-
Vol. 28, No. 29, July 16, 2009 q Kansas Secretary of State 2009

Notices 1093 Kansas Register

tailed review. The review will include a study to determine if the facility can be moved out of the floodplain.

The public is invited to participate in the review. The public may identify alternatives for restoring the facility and

may participate in analyzing the impact of the alternatives on the facility and the floodplain. An address and

phone number for obtaining information about specific

assistance projects is provided at the end of this notice.

The final determination regarding the restoration of these

facilities in a floodplain will be announced in future public notices.

Due to the urgent need for and/or use of the certain

facilities in a floodplain, actions to restore the facility may

have started before the federal inspector visits the site.

Some of these facilities may meet the criteria for a detailed

review to determine if they should be relocated. Generally, facilities may be restored in their original location

where at least one of the following conditions applies:

1. The facility, such as a flood control device or bridge,

is functionally dependent on its floodplain location.

2. The facilities, such as a park or other open-use space,

already represent sound floodplain management

and, therefore, there is no need to change it.

3. The facility, such as a road or a utility, is an integral

part of a larger network that could not be relocated

economically.

4. Emergency action is needed to address a threat to

public health and safety.

The effects of not relocating the facilities will be examined. In each case, the examination must show an

overriding public need for the facility at its original location that clearly outweighed the requirements in the

Executive Order to relocate the facility out of the floodplain. FEMA will also consult state and local officials to

make certain that no actions taken will violate either state

or local floodplain protection standards. The restoration

of these facilities may also incorporate certain measures

designed to mitigate the effects of future flooding. This

will be the only notice to the public concerning these facilities.

FEMA also intends to provide Hazard Mitigation

Grant Program (HMPG) funding under Section 404 of the

Stafford Act to the state of Missouri for the purposes of

mitigating future disaster damages. Hazard mitigation

projects may involve the construction of a new facility

(e.g., retention pond or debris dam), modification of an

existing undamaged facility (e.g., improving waterway

openings of bridges or culverts), and the relocation of facilities out of the floodplain. Subsequent notices will provide more specific information as project proposals are

developed.

Information about assistance projects may be obtained

by submitting a written request to the Regional Director,

DHS-FEMA Region VII, 9221 Ward Parkway, Suite 300,

Kansas City, MO 64114-3372. The information may also

be obtained by calling (816) 283-7060 between the hours

of 8 a.m. and 4:30 p.m., Monday through Friday. Comments should be sent in writing to the Regional Director,

at the above address, within 15 days of the date of publication of this notice.

Scott Sanders

Public Information Officer

FEMA External Affairs

Doc. No. 037285

State of Kansas

Department of Revenue

Notice of Available Publications

Listed below are all the Private Letter Rulings, Opinion

Letters, Final Written Determinations, Revenue Rulings,

Memorandums, Property Valuation Division Directives,

Q&A’s, Information Guides and Notices published by the

Department of Revenue for June 2009. Copies can be obtained by accessing the Policy Information Library located on the Internet at www.ksrevenue.org or by calling

the Office of Policy and Research at (785) 296-3081.

Private Letter Rulings

P-2009-004 Sales Tax Application to Electricity, Gas, and

Water Used In Nursing Homes and in Other

Assisted Living Units.

P-2009-005 Monthly Fees to Access and Use a Pre-Written

Computer Software Program.

Opinion Letters

O-2009-010 Wholesale diesel and gasoline fuel supplies.

Final Written Determinations

No new publications

Revenue Rulings

19-2009-01 Tax Treatment of Computer Software Maintenance

Agreements in Kansas.

19-2009-02 Application of Senate Substitute for House Bill

2365 Statute of Limitations for Sales and Use Tax

Refunds During Field Audits.

Notices

09-05 Manufacturer’s Rebate on the Purchase or Lease of

New Motor Vehicles.

09-06 Sales Tax Base on Motor Fuel Purchases Includes

Federal Excise Taxes.

09-07 Sales and Use Tax Refund Statute of Limitations

Reduced to One Year.

09-08 Kansas Discount Rates for Colorado Retailers.

09-09 Reduction of Tax Credits by 2009 House Bill 2365.

Memorandums

2009 Legislative Enactments & Changes

Property Valuation Division Directives

No new publications

Q&A’s

No new publications

Information Guides

No new publications

Joan Wagnon

Secretary of Revenue

Doc. No. 037270
q Kansas Secretary of State 2009 Vol. 28, No. 29, July 16, 2009

1094 Meeting/Hearing Kansas Register

State of Kansas

Historic Sites Board of Review

Notice of Meeting

The Kansas Historic Sites Board of Review will meet at

9 a.m. Saturday, August 15, in classrooms A and B in the

Kansas Museum of History, 6425 S.W. 6th Ave., Topeka.

The board will consider the following items concerning

the National Register of Historic Places and the Register

of Historic Kansas Places:

Nominations to the National Register of Historic Places

Fort Scott Downtown Historic District — Oak to 3rd St.,

Scott Ave. to National Ave., Fort Scott, Bourbon

County

Helmers Manufacturing Company Building — 300

Santa Fe St. / 2500 S. 2nd St., Leavenworth, Leavenworth County

Garfield Elementary School — 300 N.W. 7th St., Abilene,

Dickinson County (Nominated as part of the ‘‘Historic

Public Schools of Kansas’’ MPS)

Old Gray County Courthouse — 117 S. Main St., Cimarron, Gray County

Penley House — 3400 Penley Drive, Wichita, Sedgwick

County (Nominated as part of the ‘‘Residential Resources of Wichita’’ MPS)

Wichita High School — 324 N. Emporia, Wichita,

Sedgwick County (Nominated as part of the ‘‘Historic

Public Schools of Kansas’’ MPS)

G.W. Norris House — 301 E 12th Ave., Hutchinson, Reno

County

Cuba Blacksmith Shop — 1

⁄2 block west of Baird St. on

Lynn St., Cuba, Republic County

Wathena Fruit Growers Association Building — 104 3rd

St., Wathena, Doniphan County

Nominations to the Register of Historic Kansas Places

St. Joseph’s Catholic Church & Cemetery — 13497

Lower McDowell Creek Road, Geary County

Request for Removal from National Register of Historic

Places

Shedd & Marshall Store — 243 Whiting, Whiting, Jackson County

Request for Removal from the Register of Historic

Kansas Places

Nelson Building — 106-108 E. Wall St., Fort Scott, Bourbon County

Miller Block — 1-5 S Main, Fort Scott, Bourbon County

Anyone requiring special accommodations to attend

the meeting should contact the Cultural Resources Division of the Kansas State Historical Society, 6425 S.W. 6th

Ave., Topeka, 66615-1099, (785) 272-8681, ext., 240, at least

two weeks prior to the meeting to discuss how the board

can ensure participation.

Jennie Chinn

Executive Director

Doc. No. 037280

State of Kansas

Department of Labor

Division of Workers Compensation

Notice of Hearing on Proposed

Administrative Regulations

A public hearing will be conducted at 1 p.m. Friday,

September 18, in Hearing Room 2 in the lower level of

the US Bank Building, 800 S.W. Jackson, Topeka, to consider the adoption of an amendment to a permanent regulation of the Division of Workers Compensation.

The 60-day notice of the public hearing shall constitute

a public comment period for the purpose of receiving

written public comments on the proposed rule and regulation. All interested parties may submit written comments prior to the hearing to the director of the Division

of Workers Compensation, 800 S.W. Jackson, Suite 600,

Topeka, 66612-1227, or by e-mail to Dr. Terry Tracy

terry.tracy@dol.ks.gov or Anne Haught at anne.haught@

dol.ks.gov. All interested parties will be given a reasonable opportunity to present their views orally on the

adoption of the proposed regulation during the hearing.

In order to give all parties an opportunity to present their

views, it may be necessary to request that each participant

limit oral presentation to 10 minutes.

Any individual with a disability may request accommodation in order to participate in the public hearing and

may request the proposed regulation and economic impact statement in an accessible format. Request for accommodation should be made at least five working days in

advance of the hearing by contacting Dr. Terry A. Tracy

at (785) 296-0846 or terry.tracy@dol.ks.gov. Parking for

individuals with disabilities is located on the second level

of the US Bank Building’s enclosed parking. Also, the

west entrance of the US Bank Building is accessible to

individuals with disabilities.

A complete copy of the regulation and the economic

impact statement may be obtained by contacting the division. The following is a brief summary of the proposed

regulation:

K.A.R. 51-9-7, Fees for medical and hospital services.

The proposed change to this regulation is made in accordance with K.S.A. 44-510i(c)(2), which requires the

schedule of maximum fees to be revised as necessary at

least every two years by the director of Workers Compensation to assure that the schedule is current, reasonable and fair. The fee schedule establishes the maximum

fees for medical, surgical, hospital, dental, nursing, vocational rehabilitation or any other treatment or services

provided or ordered by health care providers and rendered to employees under the Workers Compensation

Act.

Copies of the regulation and its economic impact statement may be obtained from the Division of Workers

Compensation at the address above or through e-mail request to Dr. Terry Tracy at terry.tracy@dol.ks.gov or

Anne Haught at anne.haught@dol.ks.gov.

Paula Greathouse, Director

Division of Workers Compensation

Doc. No. 037268
Vol. 28, No. 29, July 16, 2009 q Kansas Secretary of State 2009

Meetings/Bond Sale 1095 Kansas Register

State of Kansas

Kansas Sentencing Commission

Notice of Committee Meetings

The Kansas Sentencing Commission’s Proportionality

of Sentencing Subcommittee will meet from 9:30 a.m. to

noon July 23 and August 27 in the Senate Room of the

Jayhawk Tower, 700 S.W. Jackson, Topeka. Requests for

accommodation to attend the meetings should be made

at least five working days in advance of the meeting by

contacting Brenda Harmon at (785) 296-0923.

Helen Pedigo

Executive Director

Doc. No. 037273

(Published in the Kansas Register July 16, 2009.)

Summary Notice of Bond Sale

City of Chanute, Kansas

$3,575,000*

General Obligation Sales Tax Bonds

Series 2009-C

(General obligation bonds payable

from unlimited ad valorem taxes)

Bids

Subject to the notice of bond sale dated July 15, 2009,

written and electronic bids will be received on behalf of

the director of finance of the city of Chanute, Kansas (the

issuer), in the case of written bids, at the address set forth

below, and in the case of electronic bids, through PARITY, until 11 a.m. July 27, 2009, for the purchase of the

above-referenced bonds. No bid of less than 99.15 percent

of the principal amount of the bonds and any accrued

interest thereon to the date of delivery will be considered.

Bond Details

The bonds will consist of fully registered bonds in the

denomination of $5,000 or any integral multiple thereof.

The bonds will be dated August 11, 2009, and will become

due on September 1 in the years as follows:

Year

Principal

Amount*

2010 $295,000

2011 310,000

2012 320,000

2013 330,000

2014 345,000

2015 360,000

2016 375,000

2017 395,000

2018 415,000

2019 430,000

The bonds will bear interest from the date thereof at

rates to be determined when the bonds are sold as hereinafter provided, which interest will be payable semiannually on March 1 and September 1 in each year, beginning March 1, 2010.

Book-Entry-Only System

The bonds shall be registered under a book-entry-only

system administered through DTC.

Paying Agent and Bond Registrar

Kansas State Treasurer, Topeka, Kansas.

Good Faith Deposit

Each bid shall be accompanied by a good faith deposit

in the form of a cashier’s or certified check drawn on a

bank located in the United States, or a qualified financial

surety bond or a wire transfer in Federal Reserve funds,

immediately available for use by the issuer in the amount

of $71,500.

Delivery

The issuer will pay for printing the bonds and will deliver the same properly prepared, executed and registered without cost to the successful bidder on or about

August 11, 2009, to DTC for the account of the successful

bidder.

Assessed Valuation and Indebtedness

The equalized assessed tangible valuation for computation of bonded debt limitations for the year 2008 is

$51,935,046. The total general obligation indebtedness of

the issuer as of the dated date, including the bonds being

sold, is $22,905,000*.

Approval of Bonds

The bonds will be sold subject to the legal opinion of

Gilmore & Bell, P.C., Wichita, Kansas, bond counsel,

whose approving legal opinion as to the validity of the

bonds will be furnished and paid for by the issuer,

printed on the bonds and delivered to the successful bidder when the bonds are delivered.

Additional Information

Additional information regarding the bonds may be

obtained from the undersigned or from the financial advisor at the addresses set forth below.

Written Bid and Good Faith Deposit

Delivery Address:

City Hall

101 S. Lincoln, P.O. Box 907

Chanute, KS 66720-0907

(620) 431-5200

Fax (620) 431-5225

E-mail: jmcewen@chanute.org

Financial Advisor - Facsimile Bid and Good Faith

Deposit Delivery Address:

UMB Bank, N.A.

1010 Grand Blvd.

2nd Floor – Investment Banking

Kansas City, MO 64106

Attn: Philip B. Richter or S. Michael Drum

(816) 860-1526

Fax (816) 860-4829

E-mail: philip.richter@umb.com

michael.drum@umb.com

Dated July 15, 2009.

City of Chanute, Kansas

By: James McEwen

Director of Finance

*Subject to change.

Doc. No. 037275
q Kansas Secretary of State 2009 Vol. 28, No. 29, July 16, 2009

1096 Bond Sale Kansas Register

(Published in the Kansas Register July 16, 2009.)

Corrected Summary Notice of Sale

City of Wichita, Kansas

$27,350,000*

Aggregate Principal Amount

General Obligation Bonds

Series 797, 798 and 798A

(General obligation bonds payable

from unlimited ad valorem taxes)

Bids

Subject to the official notice of sale dated July 7, 2009,

bids will be received by the director of finance on behalf

of the city of Wichita, Kansas, at the office of the Department of Finance, 12th Floor, City Hall, 455 N. Main, Wichita, KS 67202-1697, via PARITY electronic bid submission

system until 10 a.m. Tuesday, July 21, 2009, for the purchase of the city’s $11,240,000* principal amount of General Obligation Bonds, Series 797; $8,460,000* principal

amount of General Obligation Bonds, Series 798; and

$7,650,000* principal amount of General Obligation

Bonds, Series 798A. The Series 797, the Series 798 and the

Series 798A Bonds are herein collectively referred to as

the bonds. All bids shall be publicly read and tabulated

on said date and at said time and place. The bids will be

considered and each series of bonds will be awarded by

the City Council in the Council Chamber at City Hall at

its earliest convenience following the bid opening.

No oral or auction bid for the bonds shall be considered, and no bid of less than the entire principal amount

of each series of bonds, plus accrued interest to the date

of delivery, will be considered.

Bids may be submitted electronically through PARITY.

Each bidder shall be solely responsible for making the

necessary arrangements to access PARITY for the purpose of submitting its electronic bid in a timely manner

and in compliance with the notice of sale. To the extent

any instructions or directions set forth in PARITY conflict

with the notice of sale, the terms of the notice of sale shall

control. The city shall not be responsible for any failure,

misdirection or error in the transmission of a bid through

PARITY. For further information about the electronic bidding services of PARITY, potential bidders may contact

Ipreo, 1359 Broadway, 2nd Floor, New York, NY 10018,

(212) 849-5021.

Bond Details

The bonds will be in book-entry-only form. The bonds

will be issued in the denomination of $5,000 or any integral multiple thereof, will be dated August 1, 2009 (the

dated date), and will become due in the years as follows:

Maturity Schedule - Series 797 Bonds

Maturing

December 1

Principal

Amount*

2010 $ 870,000

2011 905,000

2012 940,000

2013 975,000

2014 1,015,000

2015 1,055,000

2016 1,100,000

2017 1,145,000

2018 1,190,000

2019 1,235,000

2020 150,000

2021 155,000

2022 160,000

2023 170,000

2024 175,000

Maturity Schedule - Series 798 Bonds

Maturing

December 1

Principal

Amount*

2010 $455,000

2011 470,000

2012 480,000

2013 495,000

2014 510,000

2015 525,000

2016 545,000

2017 560,000

2018 575,000

2019 595,000

2020 610,000

2021 630,000

2022 650,000

2023 670,000

2024 690,000

Maturity Schedule - Series 798A Bonds

Maturing

December 1

Principal

Amount*

2010 $255,000

2011 265,000

2012 280,000

2013 290,000

2014 300,000

2015 315,000

2016 325,000

2017 340,000

2018 350,000

2019 365,000

2020 380,000

2021 395,000

2022 410,000

2023 430,000

2024 445,000

2025 465,000

2026 480,000

2027 500,000

2028 520,000

2029 540,000

The bonds will bear interest from the dated date at rates

to be determined when the bonds are sold as provided in

the notice of sale. Interest on the Series 797, 798 and 798A

Bonds will be payable semiannually on June 1 and December 1 in each year, beginning June 1, 2010.

Principal Amounts Subject to Change

The city reserves the right to decrease the total principal amount of each series of bonds and the principal

amount of any maturity in order to properly size a bond

issue including adjustments based on net bond proceeds

received by the city as a result of any premium bid. Ad-
Vol. 28, No. 29, July 16, 2009 q Kansas Secretary of State 2009

Bond Sale/Notices 1097 Kansas Register

justments, if required, will be made proportionately to

each maturity as permitted by the authorized denominations of such series of bonds. The successful bidder

may not withdraw its bid or change the interest rates bid

as a result of any changes made to the principal amount

of a series of bonds as described. If there is an adjustment

in the final aggregate principal amount of a series of

bonds or the schedule of principal payments as described

above, any premium bid on such series of bonds will be

proportionately adjusted. At the request of the city, each

successful bidder agrees to resize the applicable bond issue, adjust the premium and provide a revised maturity

schedule to the city promptly after receipt of notification

of such a request by the city.

Paying Agent and Bond Registrar

Kansas State Treasurer, Topeka, Kansas.

Good Faith Deposit

Each bid for each series of bonds shall be accompanied

by a cashier’s or certified check drawn on a bank located

in the United States, or a financial surety bond in a form

that complies with the requirements set forth in the notice

of sale, in an amount equal to 2 percent of the principal

amount of the series of bonds for which the bid is

submitted.

Delivery

The city will pay for preparation of the bonds and will

deliver the same properly prepared, executed and registered without cost to the successful bidder(s) on or about

August 20, 2009, at the offices of the Depository Trust

Company, New York, New York.

Assessed Valuation and Indebtedness

The equalized assessed tangible valuation for computation of bonded debt limitations is $3,547,637,000. The

total general obligation indebtedness of the city as of the

date of the bonds, including the bonds, is $696,213,385.

Approval of Bonds

The bonds will be sold subject to the legal opinion of

Kutak Rock LLP, Kansas City, Missouri, bond counsel,

whose approving legal opinion as to the validity of each

series of bonds will be furnished and paid for by the city

and delivered to the successful bidder(s) when the bonds

are delivered.

Additional Information

Additional information regarding the bonds may be

obtained from the city’s Department of Finance, City

Hall, 12th Floor, 455 N. Main, Wichita, KS 67202-1679

(Catherine Gilley, Debt Coordinator), (316) 268-4143; or

from bond counsel, Kutak Rock LLP, 1010 Grand Blvd.,

Suite 500, Kansas City, MO 64106-2220, (816) 960-0090,

Attention: Dorothea Riley.

Dated July 9, 2009.

City of Wichita, Kansas

By Karen Sublett, City Clerk

City Hall, 13th Floor

455 N. Main

Wichita, KS 67202-1679

(316) 268-4529

*Subject to change.

Doc. No. 037277

(Published in the Kansas Register July 16, 2009.)

City of Andale, Kansas

Notice of Intent to Seek Private Placement

General Obligation Bonds, Series 2009

Notice is hereby given that the city of Andale, Kansas

(the issuer), proposes to seek a private placement of the

above-referenced bonds. The maximum aggregate principal amount of the bonds shall not exceed $410,000. 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 June 22, 2009.

Virigina Edwards

City Clerk

Doc. No. 037267

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 Chrysler Group, LLC, a

manufacturer of Bud Brown Chrysler Inc., Kansas D719,

that the existing Chrysler line-make will be awarded to

Overland Park Jeep Inc., D237, 8775 Metcalf, Overland

Park, Kansas, 66212, and terminating the Chrysler linemake located at Bud Brown Chrysler, Inc., 9101 Metcalf,

Overland Park, Kansas, 66212.

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 Overland Park Jeep, Inc., if that existing

new motor vehicle dealer has a franchise agreement for

the same line-make vehicles as that which is to be sold or

offered for sale by Overland Park Jeep, Inc., at 8775 Metcalf, Overland Park, 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 Chrysler

dealership will be located.

Pursuant to K.S.A. 8-2430(a), any petition or complaint

by any dealer with standing to protest must be filed with

the Director of Vehicles within 30 days of this notice. Such

petitions or complaints must be directed to the Kansas

Department of Revenue, Director of Vehicles, 1st Floor,

Docking State Office Building, 915 S.W. Harrison, Topeka, 66612.

Michael J. McLin, Bureau Manager

Titles and Registration/

Dealer Licensing Bureau

Doc. No. 037272
q Kansas Secretary of State 2009 Vol. 28, No. 29, July 16, 2009

1098 Notices Kansas Register

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. 037264

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. 037265

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-09-183/189

Pending Permits for Confined Feeding Facilities

Name and Address

of Applicant

Legal

Description

Receiving

Water

Raymond J. Mueting

102 176 Road

Axtell, KS 66403

NW/4 of Section 18,

T02S, R11E,

Nemaha County

Big Blue River

Basin

Kansas Permit No. A-BBNM-S003

This is a reissuance of a permit with a modification for an existing facility for 481 head (192.4 animal units) of swine weighing greater

than 55 pounds, 160 head (16 animal units) of swine weighing 55

pounds or less and 25 head (12.5 animal units) of cattle weighing

less than 700 pounds, for a total of 220.9 animal units of swine and

cattle. The modification is due to the listing of cattle confined on site

but not included in previous permits.

Name and Address

of Applicant

Legal

Description

Receiving

Water

Iwig Family Dairy, LLC

Tim Iwig

3320 S.E. Tecumseh Road

Tecumseh, KS 66542

SE/4 of Section 13,

T12S, R16E,

Shawnee County

Kansas River

Basin

Kansas Permit No. A-KSSN-M003

This is a reissuance of a permit for an existing facility for 100 head (140

animal units) of mature dairy cows, 40 head (40 animal units) of

dairy heifers weighing more than 700 pounds and 40 head (20 animal

units) of dairy calves weighing less than 700 pounds, for a total of

180 head (200 animal units). The facility consists of a milk parlor,

milk bottling plant, 0.3 acre of concrete lots, concrete manure storage

pad, sediment basin, 3 retention control structures, 2.1 acres of dirt

lots, and various locations for calf hutches.

Name and Address

of Applicant

Legal

Description

Receiving

Water

Dewey Feedyard

Jeff Dewey

P.O. Box 269

Cimarron, KS 67835

N/2 of Section 24,

T26S, R27W, Gray

County

Upper Arkansas

River Basin

Kansas Permit No. A-UAGY-C012 Federal Permit No. KS0093483

This is a reissuance of a permit for an existing facility for 5,000 head

(5,000 animal units) of cattle weighing greater than 700 pounds.

Name and Address

of Applicant

Legal

Description

Receiving

Water

J-Bar Farms, Inc.

Russell Janzen

15461 N.W. 180

Newton, KS 67114

NE/4 of Section 05,

T23S, R03E, Butler

County

Walnut River

Basin

Kansas Permit No. A-WABU-B005

This is a reissuance of a permit for an existing facility for 975 head (975

animal units) of cattle weighing greater than 700 pounds.

Name and Address

of Applicant

Legal

Description

Receiving

Water

Kroupa Feedlot

Marty Kroupa

2560 Ulysses Road

Lincolnville, KS 66858

N/2 of Section 34,

T18S, R04E, Marion

County

Neosho River

Basin

Kansas Permit No.: A-NEMN-B012

This permit is being reissued for an existing facility with 950 head (950

animal units) of beef cattle more than 700 pounds. There is no change

in the permitted animal units from the previous permit.
Vol. 28, No. 29, July 16, 2009 q Kansas Secretary of State 2009

Notice 1099 Kansas Register

Name and Address

of Applicant

Legal

Description

Receiving

Water

Fanshier Pork

Randy Fanshier

2008 N.W. 10th Ave.

Great Bend, KS 67530

W/2 of Section 04,

T21S, R13W,

Stafford County

Upper Arkansas

River Basin

Kansas Permit No. A-UASF-H001 Federal Permit No. KS0095281

This is a reissuance of a permit for an existing facility for 3,600 head

(1,440 animal units) of swine weighing greater than 55 pounds.

Name and Address

of Applicant

Legal

Description

Receiving

Water

Keast Feedlot

Scott T. Keast

1744 Q Road

Larned, KS 67550

SW/4 of Section 29,

T21S, R17W,

Pawnee County

Upper Arkansas

River Basin

Kansas Permit No. A-UAPN-B009

This is a reissuance of a permit for an existing facility for 900 head (900

animal units) of cattle weighing greater than 700 pounds.

Public Notice No. KS-Q-09-096/100

Name and Address

of Applicant

Receiving

Stream

Type of

Discharge

Department of the Army,

Fort Riley

Directorate of Environment

and Safety

407 Pershing Court

Fort Riley, KS 66442-6121

Funston Lake via

Unnamed Tributary

Groundwater

Remediation

Kansas Permit No. F-KS97-PO03 Federal Permit No. KS0099881

Legal Description: NW1

⁄4, S13, T11S, R6E, Riley County

Facility Name: Fort Riley Groundwater Remediation - Camp Funston

Facility Description: The proposed action consists of issuance of a new

Kansas Water Pollution Control Permit/NPDES permit for a new

facility. Groundwater contaminated with petroleum hydrocarbon

compounds is treated before discharge into Funston Lake, an oxbow

lake in the Kansas River Basin. The daily discharge is about 14,400

gallons per day. The proposed permit contains limits for benzene,

TPH-diesel range organics and TPH-gasoline range organics, and

pH, as well as monitoring for lead, BTEX and effluent flow. The

permit requirements are pursuant to the Kansas Surface Water Quality Standards, K.A.R. 28-16-28(b-f), and Federal Surface Water Criteria.

Name and Address

of Applicant

Receiving

Stream

Type of

Discharge

Department of the Army,

Fort Riley

Directorate of Environment

and Safety

407 Pershing Court

Fort Riley, KS 66442-6121

Kansas River via

Three Mile Creek

Process and

Treated Domestic

Wastewater

Kansas Permit No. F-KS51-OO01 Federal Permit No. KS0099759

Facility Name: Fort Riley Military Base Camp Funston

Facility Location: Lat. 397 05’ 29’’, Long. 967 44’ 32’’

Facility Description: The proposed action consists of issuance of a new

Kansas Water Pollution Control/NPDES permit for a new facility.

Fort Riley is a government-owned, government-operated military

installation. The proposed permit contains limits for biochemical oxygen demand, total suspended solids, ammonia, E. coli, total nitrogen, whole effluent toxicity and pH, as well as monitoring for total

phosphorus, nitrate + nitrite, total Kjeldahl nitrogen, sulfate, chlorides, total recoverable heavy metals and effluent flow. The permittee shall also provide an annual engineering report summarizing

the previous calendar year operations and evaluating if the facility

can meet the effluent levels of Total N of 5.0 mg/l and Total P of 0.5

mg/l on a 12-month running average basis. The permit requirements

are pursuant to the Kansas Surface Water Quality Standards, K.A.R.

28-16-28(b-f), and Federal Surface Water Criteria.

Name and Address

of Applicant

Receiving

Stream

Type of

Discharge

Whitaker Companies, Inc.

121 - 2600 Road

Savonburg, KS 66772

Marais des Cygnes

River via Sugar

Creek

Pit Dewatering &

Stormwater

Runoff

Kansas Permit No. I-MC64-PO01 Federal Permit No. KS0092975

Legal Description: NE1

⁄4, NW1⁄4, NE1⁄4, S20, T21S, R22E, Linn County

Facility Name: Centerville Quarry

Facility Description: The proposed action consists of reissuing an existing permit for discharge of wastewater during quarrying operations.

This facility is a limestone quarrying and crushing operation with

some washing. Outfall 001 consists of treated washwater, pit dewatering and stormwater runoff. The proposed permit contains limits for total suspended solids and pH. The permit requirements are

pursuant to the Kansas Surface Water Quality Standards, K.A.R. 28-

16-28(b-f), and Federal Surface Water Criteria.

Name and Address

of Applicant

Receiving

Stream

Type of

Discharge

Whitaker Companies, Inc.

121 - 2600 Road

Savonburg, KS 66772

Marais des Cygnes

River via

Pottawatomie

Creek via Unnamed

Tributary

Pit Dewatering &

Stormwater

Runoff

Kansas Permit No. I-MC13-PO02 Federal Permit No. KS0080420

Legal Description: SW1

⁄4, NW1⁄4, NW1⁄4, S1, T20S, R19E, Anderson

County

Facility Name: Garnett Quarry

Facility Description: The proposed action consists of reissuing an existing permit for discharge of wastewater during quarrying operations.

This facility is engaged in the quarrying, crushing and washing of

limestone rock. The proposed permit contains limits for total suspended solids and pH. The permit requirements are pursuant to the

Kansas Surface Water Quality Standards, K.A.R. 28-16-28(b-f), and

Federal Surface Water Criteria.

Name and Address

of Applicant

Receiving

Stream

Type of

Discharge

Whitaker Companies, Inc.

121 - 2600 Road

Savonburg, KS 66772

Neosho River via

Canville Creek via

Little Canville

Creek

Pit Dewatering &

Stormwater

Runoff

Kansas Permit No. I-NE62-PO02 Federal Permit No. KS0099061

Legal Description: SE1

⁄4, S12, T27S, R20E, Neosho County

Facility Name: Stark Quarry

The proposed action consists of issuing a new permit for discharge of

wastewater from a new quarrying operation. This facility is a limestone quarrying and crushing operation with no washing. Outfall

001 consists of pit dewatering and stormwater runoff. The permit

requirements are pursuant to the Kansas Surface Water Quality

Standards, K.A.R. 28-16-28(b-f), and Federal Surface Water Criteria.

Public Notice No. KS-EG-09-002

In accordance with K.A.R. 28-46-7 and the authority

vested with the state by the administrator of the U.S. Environmental Protection Agency, draft permits have been

prepared for the use of the well(s) described below within

the state of Kansas:

Name and Address of Applicant

Occidental Chemical Corporation

P.O. Box 12283

Wichita, KS 67277-2283

Facility Location: Wichita Kansas

Well and

Permit Number Location

Harrington 4-1

KS-03-173-274

456.6 feet from south line and 4000.0 feet from east

line of Section 30-29-02W, Sedgwick County, KS

(SW SE SW)

(continued)
q Kansas Secretary of State 2009 Vol. 28, No. 29, July 16, 2009

1100 Notice/Hearing Kansas Register

Harrington 4-2

KS-03-173-275

664.3 feet from south line and 3784.7 feet from east

line of Section 30-29-02W, Sedgwick County, KS

(SW SE SW)

Harrington 4-3

KS-03-173-276

240.0 feet from south line and 3791.1 feet from east

line of Section 30-29-02W, Sedgwick County, KS

(SW SE SW)

Harrington 4-4

KS-03-173-277

242.9 feet from south line and 4215.4 feet from east

line of Section 30-29-02W, Sedgwick County, KS

(SE SW SW)

Harrington 4-5

KS-03-173-278

667.1 feet from south line and 4208.9 feet from east

line of Section 30-29-02W, Sedgwick County, KS

(SE SW SW)

Facility Description: The proposed action is to issue five new Class III

injection well permits. The injection fluids consist of fresh water and

unsaturated brine. Injection is to be made into the Hutchinson Salt

member of the Wellington formation. The top of the cavity shall not

be shallower than 250 feet below land surface and mining shall not

extend into the upper 40 feet of the salt deposit. The maximum operation injection pressure is not to exceed 130 pounds per square

inch at the well head. All construction, monitoring and operation of

these wells will meet the requirements that apply to Class III Injection wells under the Kansas Underground Injection Control Regulations, K.A.R. 28-43-1 through 28-43-11, and Kansas Underground

Injection Control Regulations, K.A.R. 28-46-1 through 28-46-44.

Persons wishing to comment on the draft documents

and/or permit applications must submit their comments

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

in the decision-making process. Comments should be

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

or applications, or to the Technical Services Section for all

other permits, at the Kansas Department of Health and

Environment, Division of Environment, Bureau of Water,

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

All comments regarding the draft documents or application notices received on or before August 15 will be

considered in the formulation of the final determinations

regarding this public notice. Please refer to the appropriate Kansas document number (KS-AG-09-183/189, KS-Q09-096/100, KS-EG-09-002) and name of the applicant/permittee when preparing comments.

After review of any comments received during the

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

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

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

All draft documents/applications and the supporting

information including any comments received are on file

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

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

components of plans and specifications for all new and

expanding swine facilities are available on the Internet at

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

through Friday, excluding holidays.

Roderick L. Bremby

Secretary of Health

and Environment

Doc. No. 037279

State of Kansas

Department of Health

and Environment

Notice of Hearing

The Kansas Department of Health and Environment is

proposing to revise the State of Kansas Implementation

Plan for the Attainment and Maintenance of National

Ambient Air Quality Standards. A hearing for this action

will be conducted at 10 a.m. Thursday, August 27, in

Room 530 of the Curtis State Office Building, 1000 S.W.

Jackson, Topeka. Specifically, in response to comments

received and changes made by the department to the

Kansas Regional Haze Plan after the first public hearing,

the department has decided to hold a second public hearing. This SIP revision fulfills the requirements of Section

169A (b)(2)of the Clean Air Act, which requires states to

address the impacts of regional haze in mandatory federal Class I areas. The SIP revision contains the requirements for Best Available Retrofit Technology (BART) and

outlines the reasonable progress goals and long-term

emissions reduction strategy to reduce visibility impairment in Class I areas of neighboring states.

This proposed SIP revision does not include any rulemaking action. Details concerning this revision can be obtained by contacting Douglas Watson, KDHE, Bureau of

Air and Radiation, at (785) 296-0910. Copies of the proposed plan also may be viewed at the following locations:

Department of Air Quality, Unified Government of Wyandotte County - Kansas City, Kansas Health Department, 619 Ann Ave., Kansas City, Kansas; Johnson

County Environmental Department, 11811 S. Sunset

Drive, Suite 2700, Olathe; KDHE Northwest District Office, 2301 E. 13th St., Hays; KDHE North Central District

Office, 2501 Market Place, Suite D, Salina; KDHE Northeast District Office, 800 W. 24th St., Lawrence; KDHE

Southeast District Office, 1500 W. 7th St., Chanute; City

of Wichita Environmental Services, 1900 E. 9th St., Wichita; KDHE Southwest District Office, 302 W. McArtor

Road, Dodge City; and Curtis State Office Building, 1000

S.W. Jackson, Suite 310, Topeka. The plan also is posted

on the Bureau of Air and Radiation’s Web site at http://

www.kdheks.gov/bar/public notice.html.

Comments from the interested public should be addressed to KDHE, Bureau of Air and Radiation, Attention: Douglas Watson, 1000 S.W. Jackson, Suite 310, Topeka, 66612-1366. Comments must be received by the

Bureau of Air and Radiation not later than the close of

business August 27 to assure full consideration of this

proposed revision to the SIP.

Any individual with a disability may request accommodation in order to participate in the public hearing and

may request the proposed plan in accessible format. Requests for accommodation should be made at least five

working days in advance of the hearing by contacting

Douglas Watson at (785) 296-0910.

Roderick L. Bremby

Secretary of Health

and Environment

Doc. No. 037271
Vol. 28, No. 29, July 16, 2009 q Kansas Secretary of State 2009

Notice/Regulations 1101 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 7-13-09 through 7-19-09

Term Rate

1-89 days 0.16%

3 months 0.13%

6 months 0.25%

1 year 0.42%

18 months 0.65%

2 years 0.92%

Elizabeth B.A. Miller

Director of Investments

Doc. No. 037266

State of Kansas

Behavioral Sciences Regulatory Board

Temporary Administrative

Regulations

Article 1.—CERTIFICATION OF PSYCHOLOGISTS

102-1-13. Fees. (a) Each applicant for licensure as a

psychologist shall pay the appropriate fee as specified in

this subsection:

(1) Application for a license, $225;

(2) original license, $50;

(3) renewal, $200;

(4) duplicate license, $20;

(5) temporary license, $150;

(6) temporary license renewal fee, $150;

(7) specialty endorsement, $130;

(8) temporary, 15-day permit for an out-of-state professional, $200; or

(9) temporary, 15-day permit for an out-of-state professional extension, $200.

(b) Each applicant for a license renewal after its expiration date shall pay an additional fee of $200, as well as

the renewal fee of $200.

(c) Fees paid to the board shall not be refundable. (Authorized by K.S.A. 2008 Supp. 74-5316, K.S.A. 2008 Supp.

74-5316a, K.S.A. 74-5319, K.S.A. 74-5349, and K.S.A. 2008

Supp. 74-7507; implementing K.S.A. 74-5310, as amended

by 2009 HB 2162, sec. 2, K.S.A. 74-5310a, K.S.A. 2008

Supp. 74-5316, K.S.A. 2008 Supp. 74-5316a, K.S.A. 74-

5319, K.S.A. 74-5320, and K.S.A. 74-5349; effective May 1,

1984; amended, T-85-35, Dec. 19, 1984; amended May 1,

1985; amended May 1, 1987; amended, T-102-5-1-90, May

1, 1990; amended June 11, 1990; amended, T-102-11-29-

90, Nov. 29, 1990; amended Jan. 21, 1991; amended Aug.

23, 1993; amended Aug. 4, 1995; amended Oct. 24, 1997;

amended July 1, 2005; amended, T-102-7-2-07, July 2,

2007; amended Nov. 30, 2007; amended, T-102-6-26-09,

June 26, 2009.)

Phyllis Gilmore

Executive Director

Doc. No. 037249

State of Kansas

Board of Regents

Temporary Administrative

Regulations

Article 29.—QUALIFIED ADMISSION

88-29-1. Definitions. The following terms, wherever used in this article, shall have the meanings specified

in this regulation: (a) ‘‘Accelerated course’’ means a

course that meets all of the following criteria:

(1) Is designed for students performing above their

grade level as determined by standardized testing;

(2) if the course is designed to be a 1

⁄2-unit course, is

completed in less than 40 clock-hours;

(3) if the course is designed to be a one-unit course, is

completed in less than 80 clock-hours; and

(4) has been determined by the board of regents to include similar or greater content, depth, and complexity

as a one-unit course completed in 120 clock-hours or a 1

⁄2-

unit course completed in 60 clock-hours.

(b) ‘‘Accredited high school’’ means one or more educational institutions that provide secondary instruction to

students in grades 9, 10, 11, and 12 and that are designated accredited by a regional accrediting agency recognized by the United States department of education, by

the Kansas state board of education, or by an agency with

standards equivalent to those of the United States department of education or the Kansas state board of education.

(c) ‘‘Admission’’ means the permission given by the

admission officer of a state educational institution to an

applicant to enroll as a degree-seeking student in a state

educational institution.

(d) ‘‘Admission category’’ means one of the admission

categories adopted by a state educational institution pursuant to K.A.R. 88-29-3.

(e) ‘‘Complete application file’’ means the entire set of

the following student records that have been received in

the admission office of a state educational institution:

(1) A completed application to the state educational institution;

(2) verification that all applicable application fees have

been paid;

(3) an official copy of the final transcript from each high

school attended, including a transcript documenting

graduation from high school, or a GED certificate; and

(4) any other materials required by the state educational institution for advising or placement purposes.

(f) ‘‘Degree-seeking student’’ means a student who has

been accepted for enrollment at a state educational institution and who has formally indicated to the state educational institution the intent to complete a program of

study that is designated by the United States department

of education as a program that is eligible for federal financial aid.

(g) ‘‘Earned the general educational development

(GED) certificate with an overall score of not less than 50

points’’ means one of the following:

(1) Took the GED test on or after January 1, 2002, with

an overall score of at least 2,550 points and a minimum

score of 510 points on each subtest; or

(continued)
q Kansas Secretary of State 2009 Vol. 28, No. 29, July 16, 2009

1102 Regulations Kansas Register

(2) took the GED test before January 1, 2002, with an

overall score of at least 250 points and a minimum score

of 50 points on each subtest.

(h) ‘‘Institution of higher education’’ means an educational institution in any state, territory or country that

meets all of the following criteria:

(1) Meets one of the following requirements:

(A) Offers a course of instruction designated by the

United States department of education as a program that

is eligible for federal financial aid; or

(B) offers a course of instruction that is equivalent to a

program designated by the United States department of

education as a program that is eligible for federal financial aid;

(2) is legally authorized within the state, territory, or

country that appears on the transcript to provide a program of education beyond secondary education; and

(3) meets one of the following requirements:

(A) Is accredited by an accrediting agency or association that is recognized by the United States department

of education or an international accrediting agency; or

(B) has been granted preaccreditation status by an accrediting agency or association that is recognized by either the United States department of education or an international accrediting agency.

(i) ‘‘Integrated course’’ means a course that redistributes the content of two or more qualified admission precollege curriculum courses into a nontraditional combination. A nontraditional combination may combine the

content of qualified admission algebra I and qualified admission geometry over a period of four semesters in a

sequence of courses titled integrated math I and II.

(j) ‘‘Kansas resident’’ means a person determined to be

a resident for fee purposes pursuant to K.S.A. 76-729 and

amendments thereto.

(k) ‘‘Non-accredited private secondary school’’ means

a private secondary school, as defined in K.S.A. 72-53,100

and amendments thereto, which may include a home

school.

(l) ‘‘Non-degree-seeking student’’ means a student who

has been accepted for enrollment in a state educational

institution and who has formally indicated to the state

educational institution the intent to enroll for self-enrichment or other reasons, excluding the intent to complete a

course of study that is designated by the United States

department of education as a program that is eligible for

federal financial aid.

(m) ‘‘Precollege,’’ when used to describe a course or

curriculum, means a type of course or curriculum offered

at an accredited high school that meets each of the following criteria:

(1) The course or curriculum is designed for a student

performing at or above the student’s grade level as determined by standardized testing.

(2) The content and requirements of the course or curriculum have been determined by the board of regents or

the board’s designee to reflect a pace of instruction, intensity and depth of material, level of abstraction, and

application of critical thinking necessary to prepare students for study at state educational institutions.

(n) ‘‘State educational institution’’ has the meaning

specified in K.S.A. 76-711 and amendments thereto.

(o) ‘‘Ten percent exception window for resident freshman class admissions’’ means a method by which a Kansas resident who does not meet the applicable requirements specified in K.A.R. 88-29-4 through 88-29-6 and

who is not eligible for admission pursuant to the ten percent exception window for resident transfer admissions

may be admitted to a state educational institution pursuant to K.A.R. 88-29-8.

(p) ‘‘Ten percent exception window for resident transfer admissions’’ means a method by which a Kansas resident who has earned at least 24 credit hours of transferable coursework at an accredited community college,

university, or other college but who is not eligible for admission pursuant to K.A.R. 88-29-4 may be admitted to a

state educational institution pursuant to K.A.R. 88-29-8a.

(q) ‘‘Ten percent exception window for nonresident

transfer admissions’’ means a method by which a person

who is not a resident of Kansas and who has earned at

least 24 credit hours of transferable coursework but who

is not eligible for admission pursuant to K.A.R. 88-29-4

may be admitted to a state educational institution pursuant to K.A.R. 88-29-8b.

(r) ‘‘Unit’’ means a measure of secondary credit that

may be awarded to a student for satisfactory completion

of a particular course or subject. One unit of credit is

credit that is awarded for satisfactory completion of a

course or subject that is offered for and generally requires

120 clock-hours to complete. Credit may be awarded in

increments based upon the amount of time a course or

subject is offered and the requirements for completion.

This regulation shall be effective on and after July 1,

2009. (Authorized by and implementing K.S.A. 76-717, as

amended by 2009 HB 2197, §1; effective Aug. 1, 2007;

amended, T-88-6-26-09, July 1, 2009.)

88-29-4. Qualifications required for the admission

of an applicant with 24 or more transferable credit

hours. (a) The requirements established in this regulation

shall apply to any applicant who has earned 24 or more

credit hours from an institution of higher education that

are transferable to a state educational institution. If an

applicant does not meet the requirements of this regulation, the applicant may be admitted by means of the ten

percent exception window for resident transfer admissions described in K.A.R. 88-29-8a or the ten percent exception window for nonresident transfer admissions described in K.A.R. 88-29-8b.

(b) Each state educational institution shall admit any

Kansas resident who meets the following criteria:

(1) Has earned 24 or more credit hours from an institution of higher education that are transferable to a state

educational institution; and

(2) has earned a cumulative grade point average of 2.0

or higher on a 4.0 scale in all postsecondary coursework.

(c) Any state educational institution may admit a nonresident who meets the following criteria:

(1) Has earned 24 or more credit hours from an institution of higher education that are transferable to a state

educational institution; and

(2) has earned a cumulative grade point average of 2.0

or higher on a 4.0 scale in all postsecondary coursework.

This regulation shall be effective on and after July 1,

2009. (Authorized by and implementing K.S.A. 76-717, as
Vol. 28, No. 29, July 16, 2009 q Kansas Secretary of State 2009

Regulations 1103 Kansas Register

amended by 2009 HB 2197, §1; effective Aug. 1, 2007;

amended, T-88-6-26-09, July 1, 2009.)

88-29-5. Qualifications required for the admission

of a Kansas resident who is under the age of 21. (a) The

requirements established in this regulation shall apply to

any applicant who is a Kansas resident and is under the

age of 21, except that the requirements shall not apply to

any applicant who has earned 24 or more credit hours

from an institution of higher education that are transferable to a state educational institution. If an applicant to

whom this regulation is applicable does not meet the

requirements of this regulation, the applicant may be admitted by means of the ten percent exception window for

resident freshman class admissions described in K.A.R.

88-29-8.

(b) Each state educational institution shall admit any

Kansas resident under the age of 21 who meets each of

the following requirements:

(1) Has graduated from an accredited high school in

Kansas or, pursuant to K.S.A. 72-116 and amendments

thereto, an accredited high school located out of state; and

(2) meets at least one of the following criteria:

(A) Achieved a composite score on the ACT of at least

21 points;

(B) ranked in the top third of the applicant’s high

school class upon completion of seven or eight semesters;

or

(C) completed the qualified admission precollege curriculum described in K.A.R. 88-29-11, or its functional

equivalent described in K.A.R. 88-29-18, with a minimum

grade point average of 2.0 on a 4.0 scale.

(c) Each state educational institution shall admit any

Kansas resident under the age of 21 who meets both of

the following requirements:

(1) Has graduated from a non-accredited private secondary school, as defined in K.S.A. 72-53,100, and amendments thereto; and

(2) has achieved a composite score on the ACT of at

least 21 points.

(d) Each state educational institution shall admit any

Kansas resident who is under the age of 21 and who has

earned the general educational development (GED) certificate with an overall score of not less than 50 points, as

defined in K.A.R. 88-29-1.

This regulation shall be effective on and after July 1,

2009. (Authorized by and implementing K.S.A. 76-717, as

amended by 2009 HB 2197, §1; effective Aug. 1, 2007;

amended, T-88-6-26-09, July 1, 2009.)

88-29-7. Qualifications required for the admission

of a nonresident. (a) The requirements established in this

regulation shall apply to any applicant who is a nonresident, except that the requirements shall not apply to any

applicant who has earned 24 or more credit hours from

an institution of higher education that are transferable to

a state educational institution. If an applicant does not

meet the requirements prescribed in this regulation, the

applicant may be admitted into the conditional admission

category adopted in the state educational institution’s admission policy for conditional admission established in

accordance with K.A.R. 88-29-9.

(b) Any state educational institution may admit any

nonresident who meets both of the following requirements:

(1) Has graduated from an accredited high school; and

(2) meets at least one of the following criteria:

(A) Achieved a composite score on the ACT of at least

21 points;

(B) ranked in the top third of the applicant’s high

school class upon completion of seven or eight semesters;

or

(C) completed the qualified admission precollege curriculum described in K.A.R. 88-29-11, or its functional

equivalent described in K.A.R. 88-29-19, with a minimum

grade point average of at least 2.5 on a 4.0 scale.

(c) Any state educational institution may admit any

nonresident who meets both of the following requirements:

(1) Has graduated from a non-accredited private secondary school meeting requirements substantially equivalent to those in K.S.A. 72-53,100 through 72-53,102, and

amendments thereto; and

(2) has achieved a composite score on the ACT of at

least 21 points.

This regulation shall be effective on and after July 1,

2009. (Authorized by and implementing K.S.A. 76-717, as

amended by 2009 HB 2197, §1; effective Aug. 1, 2007;

amended, T-88-6-26-09, July 1, 2009.)

88-29-8. The ten percent exception window for

resident freshman class admissions. (a) Any state educational institution may admit any Kansas resident who

does not meet the applicable requirements specified in

K.A.R. 88-29-5 or K.A.R. 88-29-6 and who has earned

fewer than 24 credit hours from an institution of higher

education that are transferable to the state educational

institution by means of the ten percent exception window

for resident freshman class admissions created pursuant

to K.S.A. 76-717(a)(5), and amendments thereto. The maximum number of students admitted by means of this ten

percent exception window shall be calculated as follows:

(1) The total number of admitted new students who

have earned fewer than 24 credit hours from an institution of higher education that are transferable to the state

educational institution, regardless of admission category,

shall be counted on the twentieth day of the fall, spring,

and summer sessions of each academic year.

(2) The maximum number of admissions calculated using the ten percent exception window shall be equal to

10 percent of the sum of the three numbers counted in

paragraph (a)(1).

(b) If the state educational institution exceeds the allotted number of admissions using this ten percent exception window, the excess over the allowable total number

of exceptions shall be subtracted from the subsequent

year’s allowable total number of exceptions for resident

freshman class admissions.

This regulation shall be effective on and after July 1,

2009. (Authorized by and implementing K.S.A. 76-717, as

amended by 2009 HB 2197, §1; effective Aug. 1, 2007;

amended, T-88-6-26-09, July 1, 2009.)

88-29-8a. The ten percent exception window for

resident transfer admissions. Any state educational in-

(continued)
q Kansas Secretary of State 2009 Vol. 28, No. 29, July 16, 2009

1104 Regulations Kansas Register

stitution may admit any Kansas resident who has earned

24 or more credit hours from an institution of higher education that are transferable to a state educational institution, but who does not meet the applicable requirements specified in K.A.R. 88-29-4, by means of the ten

percent exception window for resident transfer admissions created pursuant to K.S.A. 76-717(a)(6), and amendments thereto.

(a) The maximum number of students admitted by

means of this ten percent exception window shall be calculated as follows:

(1) The total number of admitted new resident students

who have earned at least 24 transferable credit hours

from an institution of higher education that are transferable to the state educational institution, regardless of admission category, shall be counted on the twentieth day

of the fall, spring, and summer sessions of each academic

year.

(2) The maximum number of admissions calculated using this ten percent exception window shall be equal to

10 percent of the sum of the three numbers counted in

paragraph (a)(1).

(b) If the state educational institution exceeds the allotted number of admissions using the ten percent exception

window, the excess over the allowable total number of

exceptions shall be subtracted from the subsequent year’s

allowable total number of exceptions for resident transfer

admissions.

This regulation shall be effective on and after July 1,

2009. (Authorized by and implementing K.S.A. 76-717, as

amended by 2009 HB 2197, §1; effective, T-88-6-26-09, July

1, 2009.)

88-29-8b. The ten percent exception window for

nonresident transfer admissions. Any state educational

institution may admit any nonresident who has earned

24 or more credit hours from an institution of higher education that are transferable to a state educational institution, but who does not meet the applicable requirements specified in K.A.R. 88-29-4, by means of the ten

percent exception window for nonresident transfer admissions created pursuant to K.S.A. 76-717(a)(9), and

amendments thereto.

(a) The maximum number of students admitted by

means of this ten percent exception window shall be calculated as follows:

(1) The total number of admitted new nonresident students who have earned at least 24 transferable credit

hours from an institution of higher education that are

transferable to the state educational institution, regardless of admission category, shall be counted on the twentieth day of the fall, spring, and summer sessions of each

academic year.

(2) The maximum number of admissions calculated using this ten percent exception window shall be equal to

10 percent of the sum of the three numbers counted in

paragraph (a)(1).

(b) If the state educational institution exceeds the allotted number of admissions using this ten percent exception window, the excess over the allowable total number

of exceptions shall be subtracted from the subsequent

year’s allowable total number of exceptions for nonresident transfer admissions.

This regulation shall be effective on and after July 1,

2009. (Authorized by and implementing K.S.A. 76-717, as

amended by 2009 HB 2197, §1; effective, T-88-6-26-09, July

1, 2009.)

88-29-9. Admission policies for state educational

institutions. The chancellor or president of each state educational institution or a designee shall establish admission policies that meet all of the following requirements:

(a) The policies shall not conflict with the provisions of

this article.

(b) The policies shall specify the materials required for

a complete application file.

(c) The policies shall address the enrollment of both

degree-seeking and non-degree-seeking students as well

as each student’s transition from degree-seeking to nondegree-seeking status or from non-degree-seeking to degree-seeking status. Policies shall mandate that each nondegree-seeking student who applies to enroll as a

degree-seeking student shall be admitted only if one of

the following conditions is met:

(1) The student meets the applicable requirements specified in K.A.R. 88-29-4 through 88-29-7.

(2) The student is admitted by means of the ten percent

exception window for resident freshmen class admissions

described in K.A.R. 88-29-8.

(3) The student is admitted by means of the ten percent

exception window for resident transfer admissions described in K.A.R. 88-29-8a.

(4) The student is admitted by means of the ten percent

exception window for nonresident transfer admissions

described in K.A.R. 88-29-8b.

(5) The student is admitted into the conditional admission category adopted in the state educational institution’s admission policy for conditional admission established in accordance with this regulation.

(d) The policies shall include an explanation of the ten

percent exception windows and the state educational institution’s method to determine which applicants would

be admitted if there were more applicants than the state

educational institution is allowed under K.A.R. 88-29-8,

K.A.R. 88-29-8a, or K.A.R. 88-29-8b.

(e) The policies may include the establishment of subcategories of non-degree-seeking students.

(f) The policies shall include a statement indicating

whether the state educational institution will consider, in

the admission decision, any postsecondary credit from an

institution that is not accredited and has not been granted

preaccreditation status by an agency recognized by the

United States department of education or by an equivalent international agency. If the state educational institution considers these credits, the admission decision

shall be made in accordance with K.A.R. 88-29-4.

(g) The policies shall include a statement of whether

the state educational institution enrolls students in the

temporary, provisional, or conditional admission category.

(1) If the state educational institution enrolls any students in the temporary admission category, the policies

shall include all of the following:

(A) A description of requirements for exiting the temporary admission category and entering another admission category;
Vol. 28, No. 29, July 16, 2009 q Kansas Secretary of State 2009

Regulations 1105 Kansas Register

(B) a statement that a temporarily admitted student

may be denied admission to a specific degree program;

and

(C) a statement that each student who fails to exit from

the temporary admission category within the specified

period of time shall be disenrolled.

(2) If the state educational institution enrolls any students in the provisional admission category, the policies

shall include all of the following:

(A) A description of requirements for exiting the provisional admission category and entering another admission category;

(B) a statement that any student admitted in the provisional admission category may be denied admission to

a specific degree program; and

(C) a statement that each student who fails to exit from

the provisional admission category within the period of

time specified by the state educational institution shall be

disenrolled.

(3) If the state educational institution enrolls any students in the conditional admission category, the policies

shall include all of the following:

(A) A statement that the maximum number of students

admitted in the conditional admission category shall be

equal to 50 students or 10 percent of the total number of

new nonresident freshman class admissions, whichever

is greater. This 10 percent shall be calculated as follows:

(i) Ten percent of the total number of nonresident freshman class admissions shall be calculated as follows: the

total number of admitted new students who have earned

fewer than 30 credit hours from an institution of higher

education and who are nonresidents shall be counted on

the twentieth day of the fall, spring, and summer sessions

of each academic year. Ten percent of the sum of these

counts shall be calculated; and

(ii) if the state educational institution exceeds the allotted number of admissions in the conditional admission

category described in paragraph (g)(3)(A), the excess over

the allowable total number of admissions shall be subtracted from the subsequent year’s allowable total;

(B) a statement that a student enrolled in the conditional admission category shall not be admitted to a specific degree program until the student enters the regular

admission category; and

(C) a statement listing the requirements that each student admitted in the conditional admission category shall

complete at the state educational institution in order to

exit the conditional admission category and enter the regular admission category.

(4) The state educational institution’s policy shall mandate that a student who meets the criteria for more than

one of the temporary, provisional, and conditional admission categories shall not be granted regular admission

until the student fulfils the requirements for exiting each

of the categories in which the student is initially enrolled.

(h) The admission policy of each state educational institution shall be required to be approved in advance by

the board of regents.

This regulation shall be effective on and after July 1,

2009. (Authorized by and implementing K.S.A. 76-717, as

amended by 2009 HB 2197, §1; effective Aug. 1, 2007;

amended, T-88-6-26-09, July 1, 2009.)

88-29-11. Requirements for the qualified admission precollege curriculum. In order to admit any applicant under the qualified admission precollege curriculum

criterion, each state educational institution shall require

the applicant to provide an official high school transcript

documenting completion of the approved qualified admission precollege curriculum that meets the following

requirements:

(a) For each student graduating from high school before 2010, the transcript shall indicate the following distribution of courses:

(1) One unit of approved qualified admission computer

technology courses, with the content described in K.A.R.

88-29-13;

(2) four units of approved qualified admission English

courses, with the content described in K.A.R. 88-29-14;

(3) three units of approved qualified admission mathematics courses that have the content described in K.A.R.

88-29-15 and that meet the following requirements:

(A) Are at or above the level of qualified admission

algebra I; and

(B) were taken during ninth through twelfth grades;

(4) three units of approved qualified admission natural

science courses that have the content described in K.A.R.

88-29-16 and that meet the following requirements:

(A) The three units shall be selected from any of the

following courses, with at least one unit in each selected

course:

(i) Qualified admission biology;

(ii) qualified admission advanced biology;

(iii) qualified admission chemistry;

(iv) qualified admission physics;

(v) qualified admission earth-space science; or

(vi) qualified admission principles of technology; and

(B) at least one unit shall be selected from a qualified

admission chemistry course or a qualified admission

physics course; and

(5) three units of approved qualified admission social

science courses that have the content described in K.A.R.

88-29-17 and that are distributed according to the following requirements:

(A) A minimum of 1

⁄2 unit shall be a qualified admission United States government course;

(B) a minimum of 1

⁄2 unit shall be selected from any of

the following courses:

(i) Qualified admission world history;

(ii) qualified admission world geography; or

(iii) qualified admission international relations;

(C) a minimum of one unit shall be a qualified admission United States history course;

(D) up to one unit shall be selected from any of the

following courses:

(i) A qualified admission anthropology course;

(ii) a qualified admission current social issues course;

(iii) a qualified admission economics course;

(iv) a qualified admission race and ethnic group relations course;

(v) a qualified admission sociology course;

(vi) a qualified admission psychology course;

(vii) a qualified admission United States history course;

or

(continued)
q Kansas Secretary of State 2009 Vol. 28, No. 29, July 16, 2009

1106 Regulations Kansas Register

(viii) a qualified admission United States government

course;

(E) a 1

⁄2-unit course shall not be used to fulfill more than

one requirement of this regulation for more than one discipline in the qualified admissions precollege curriculum;

and

(F) a one-unit course may be used to fulfill two 1

⁄2-unit

requirements of this regulation.

(b) Except as otherwise stated in paragraph (b)(2)(B),

for each student graduating from high school in 2010 and

thereafter, the qualified admission precollege curriculum

shall consist of the following distribution of courses:

(1) Four units of approved qualified admission English

courses that have the content described in K.A.R. 88-29-

14;

(2) three units of approved qualified admission mathematics courses that have the content described in K.A.R.

88-29-15 and that meet the following requirements:

(A) The course shall be completed in the seventh

through twelfth grades;

(B) for each student graduating from high school in

2014 and thereafter, at least one of the courses shall be

completed in the twelfth grade; and

(C) the course shall be selected from any of the following courses:

(i) Qualified admission algebra I;

(ii) qualified admission geometry;

(iii) qualified admission algebra II; or

(iv) any mathematics course that has qualified admission algebra II as a prerequisite;

(3) three units of approved qualified admission natural

science courses that have the content described in K.A.R.

88-29-16 and that meet the following requirements:

(A) The three units shall be selected from any of the

following courses:

(i) Qualified admission biology;

(ii) qualified admission advanced biology;

(iii) qualified admission chemistry;

(iv) qualified admission physics;

(v) qualified admission earth-space science; or

(vi) qualified admission principles of technology; and

(B) at least one unit shall be selected from a qualified

admission chemistry course or a qualified admission

physics course; and

(4) three units of approved qualified admission social

science courses that have the content described in K.A.R.

88-29-17 and that are distributed according to the following requirements:

(A) A minimum of 1

⁄2 unit shall be a qualified admission United States government course;

(B) a minimum of 1

⁄2 unit shall be selected from any of

the following courses:

(i) Qualified admission world history;

(ii) qualified admission world geography; or

(iii) qualified admission international relations;

(C) a minimum of one unit shall be a qualified admission United States history course;

(D) not more than one unit shall be selected from any

of the following courses:

(i) Qualified admission anthropology;

(ii) qualified admission current social issues;

(iii) qualified admission economics;

(iv) qualified admission psychology;

(v) qualified admission race and ethnic group relations;

(vi) qualified admission sociology;

(vii) qualified admission United States history; or

(viii) qualified admission United States government;

(E) a 1

⁄2-unit course shall not be used to fulfill more than

one requirement of this regulation for more than one discipline in the qualified admissions precollege curriculum;

and

(F) a one-unit course may be used to fulfill two 1⁄2-unit

requirements of this regulation.

This regulation shall be effective on and after July 1,

2009. (Authorized by and implementing K.S.A. 76-717, as

amended by 2009 HB 2197 §1; effective Aug. 1, 2007;

amended, T-88-6-26-09, July 1, 2009.)

88-29-12. Establishment of a qualified admission

precollege curriculum by an accredited high school in

Kansas. (a) The administrator of any accredited high

school in Kansas may establish a qualified admission precollege curriculum. Failure to establish a qualified admission precollege curriculum shall render the high

school’s graduates ineligible for admission to a state educational institution under the qualified admission precollege curriculum criterion specified in K.A.R. 88-29-5

and 88-29-7. If an administrator establishes a qualified

admission precollege curriculum, the curriculum shall

meet the requirements of this regulation. No exemption

to these requirements shall be granted.

(b) Each course to be included in an accredited high

school’s qualified admission precollege curriculum shall

be approved in advance by the chief executive officer of

the board of regents or the chief executive officer’s designee. The approval procedures shall be distributed to

accredited high schools in Kansas and shall include the

following:

(1) Each administrator of an accredited high school in

Kansas who desires to establish and maintain a qualified

admission precollege curriculum shall submit materials

to the board of regents in accordance with procedures

established by the board of regents or the board’s designee. Failure to submit materials in a timely manner may

disqualify the high school’s students for admission to a

state educational institution under the qualified admission precollege curriculum criterion specified in K.A.R.

88-29-5 and 88-29-7.

(2) Each administrator of an accredited high school in

Kansas with an approved qualified admission precollege

curriculum shall notify the board of regents about any

changes in course titles, deletion of courses, changes in

course content, and changes in contact information in a

manner prescribed by the board of regents or the board’s

designee.

(c) Each course for inclusion in an accredited high

school’s qualified admission precollege curriculum shall

be approved according to the following procedures:

(1) A course shall be approved only if the content of

the course meets the applicable requirements of K.A.R.

88-29-13 through 88-29-17.

(2) Two 1

⁄2-unit courses may be approved to fulfill one

unit of the qualified admission precollege curriculum

only if the content of the resultant combination meets the
Vol. 28, No. 29, July 16, 2009 q Kansas Secretary of State 2009

Regulations 1107 Kansas Register

applicable requirements of K.A.R. 88-29-13 through 88-

29-17 and is equally distributed between the two 1⁄2-unit

courses.

(3) Any college course offered by an eligible institution

of higher education may be approved for inclusion in an

accredited high school’s qualified admission precollege

curriculum if the course meets all of the following conditions:

(A) The content of the college course meets the applicable requirements in K.A.R. 88-29-13 through 88-29-17.

(B) The number of credit hours for the college course

is three or more.

(C) The college course appears on the official high

school transcript.

(4) Any integrated course that is not also an accelerated

course may be approved by the chief executive officer or

the chief executive officer’s designee if the integrated

course meets at least one of the following conditions:

(A) If all requirements for qualified admission algebra

I and qualified admission geometry, as described in

K.A.R. 88-29-15, are covered in an integrated course over

a period of time equivalent to the time for two one-unit

courses, two units of integrated mathematics may be approved to substitute for qualified admission algebra I and

qualified admission geometry.

(B) If all requirements for qualified admission algebra

I and II and qualified admission geometry, as described

in K.A.R. 88-29-15, are covered in an integrated course

over a period of time equivalent to the time for three oneunit courses, three units of integrated mathematics may

be approved to substitute for qualified admission algebra

I and II and qualified admission geometry.

(C) If a course meets all requirements for both a qualified admission English course and a qualified admission

social studies course, as described in K.A.R. 88-29-14 and

88-29-17, and meets for a length of time equivalent to the

time for two one-unit courses, the integrated course may

be approved to substitute for one unit of English and one

unit of social studies in the qualified admission precollege

curriculum.

(D) If the content of an integrated course meets all

requirements for two qualified admission natural science

courses, as described in K.A.R. 88-29-16, and covers the

material over a period of time equivalent to the time for

two one-unit courses, the integrated course may be substituted for two units of natural science in the qualified

admission precollege curriculum.

(5)(A) A one-unit integrated science course shall not be

approved unless the course is also an accelerated course.

(B) Any accelerated course may be approved for inclusion in the qualified admission precollege curriculum.

(d) The list of courses that have been approved to be

included in the qualified admission precollege curriculum for each accredited high school in Kansas shall be

available from the board.

(e) Upon receipt of information that an approved

course in the qualified admission precollege curriculum

does not meet the applicable content requirements specified in these regulations, the content of that approved

course may be reviewed by the chief executive officer of

the board of regents or the chief executive officer’s designee to verify that the course continues to meet the applicable content requirements in K.A.R. 88-29-13 through

88-29-17.

This regulation shall be effective on and after July 1,

2009. (Authorized by and implementing K.S.A. 76-717, as

amended by 2009 HB 2197, §1; effective Aug. 1, 2007;

amended, T-88-6-26-09, July 1, 2009.)

88-29-18. Functional equivalents of the qualified

admission precollege curriculum; residents. In order to

admit an applicant under the criterion of successful completion of the functional equivalent of the qualified admission precollege curriculum, the admission officer of

each state educational institution shall require each applicant who is a Kansas resident to meet one or more of

the sets of requirements specified in subsections (a)

through (d). An admission officer of a state educational

institution shall not grant any exception to this regulation.

(a) To demonstrate successful completion of the functional equivalent of the qualified admission precollege

English courses described in K.A.R. 88-29-11, each applicant shall provide both of the following:

(1) Documentation on the official high school transcript

of completion of any three units of high school English

with no grade lower than a C; and

(2) official documentation of achievement of at least

one of the following:

(A) A score of three or higher in either of the following

college board advanced placement (AP) courses:

(i) Language and composition; or

(ii) literature and composition; or

(B) a grade of B or higher in a general education English

course taken before high school graduation and either offered by or accepted in transfer by a state educational

institution.

(b) To demonstrate successful completion of the functional equivalent of the qualified admission precollege

mathematics courses as described in K.A.R. 88-29-11, each

applicant shall provide both of the following:

(1) Documentation on the official high school transcript

of completion of any two units of high school mathematics courses with no grade lower than a C; and

(2) official documentation of achievement of at least

one of the following:

(A) A score of three or higher in any of the following

college board advanced placement (AP) courses:

(i) Calculus AB; or

(ii) calculus BC; or

(B) a grade of C or higher in a general education mathematics course taken before high school graduation and

either offered by or accepted in transfer by a state educational institution.

(c) To demonstrate successful completion of the functional equivalent of the qualified admission precollege

natural science courses described in K.A.R. 88-29-11, each

applicant shall provide both of the following:

(1) Documentation on the official high school transcript

of completion of any two units of high school science

courses with no grade less than a C; and

(2) official documentation of achievement of at least

one of the following:

(continued)
q Kansas Secretary of State 2009 Vol. 28, No. 29, July 16, 2009

1108 Regulations Kansas Register

(A) A score of three or higher in any of the following

college board advanced placement (AP) courses:

(i) Biology;

(ii) chemistry; or

(iii) physics B; or

(B) a grade of C or higher in a general education natural

science laboratory course taken before high school graduation and either offered by or accepted in transfer by a

state educational institution.

(d) To demonstrate successful completion of the functional equivalent of the qualified admission precollege social science courses described in K.A.R. 88-29-11, each applicant shall provide both of the following:

(1) Documentation on the official high school transcript

of completion of any two units of high school social science courses with no grade lower than a C; and

(2) official documentation of achievement of at least

one of the following:

(A) A score of three or higher in any of the following

college board advanced placement (AP) courses:

(i) Microeconomics;

(ii) macroeconomics;

(iii) comparative government and policies;

(iv) United States government and policies;

(v) European history;

(vi) United States history; or

(vii) psychology; or

(B) a grade of B or higher in a general education social

science course taken before high school graduation and

either offered by or accepted in transfer by a state educational institution.

This regulation shall be effective on and after July 1,

2009. (Authorized by and implementing K.S.A. 76-717, as

amended by 2009 HB 2197, §1; effective Aug. 1, 2007;

amended, T-88-6-26-09, July 1, 2009.)

88-29-19. Functional equivalents of the qualified

admission precollege curriculum; nonresidents. In order

to admit an applicant under the criterion of successful

completion of the functional equivalent of the precollege

curriculum, the admission officer of each state educational institution shall require each applicant who is not

a resident of Kansas to meet one or more of the sets of

requirements specified in subsections (a) through (e). An

admission officer of a state educational institution shall

not grant any exception to this regulation.

(a) To demonstrate successful completion of the functional equivalent of the qualified admission precollege

English courses described in K.A.R. 88-29-11, each applicant shall provide both of the following:

(1) Documentation on the official high school transcript

of completion of any three units of high school English

with no grade lower than a C and at least one grade of B

or higher; and

(2) official documentation of achievement of at least

one of the following:

(A) A score of three or higher in either of the following

college board advanced placement (AP) courses:

(i) Language and composition; or

(ii) literature and composition; or

(B) a grade of B or higher in a general education English

course taken before high school graduation and either offered by or accepted in transfer by a state educational

institution.

(b) To demonstrate successful completion of the functional equivalent of the qualified admission precollege

mathematics courses described in K.A.R. 88-29-11, each

applicant shall provide both of the following:

(1) Documentation on the official high school transcript

of completion of any two units of high school mathematics courses with no grade lower than a C and at least one

grade of B or higher; and

(2) official documentation of achievement of at least

one of the following:

(A) A score of three or higher in either of the following

college board advanced placement (AP) courses:

(i) Calculus AB; or

(ii) calculus BC; or

(B) a grade of C or better in a general education mathematics course taken before high school graduation and

either offered by or accepted in transfer by a state educational institution.

(c) To demonstrate successful completion of the functional equivalent of the qualified admission precollege

natural science courses described in K.A.R. 88-29-11, each

applicant shall provide both of the following:

(1) Documentation on the official high school transcript

of completion of any two units of high school science

courses with no grade less than a C and at least one grade

of B or higher; and

(2) official documentation of achievement of at least

one of the following:

(A) A score of three or higher in any of the following

college board advanced placement (AP) courses:

(i) Biology;

(ii) chemistry; or

(iii) physics B; or

(B) a grade of C or higher in a general education natural

science laboratory course taken before high school graduation and either offered by or accepted in transfer by a

state educational institution.

(d) To demonstrate successful completion of the functional equivalent of the qualified admission precollege social science courses described in K.A.R. 88-29-11, each applicant shall provide both of the following:

(1) Documentation on the official high school transcript

of completion of any two units of high school social science course with no grade lower than a C and at least one

grade of B or higher; and

(2) official documentation of achievement of at least

one of the following:

(A) A score of three or higher in any of the following

college board advanced placement (AP) courses:

(i) Microeconomics;

(ii) macroeconomics;

(iii) comparative government and policies;

(iv) United States government and policies;

(v) European history;

(vi) United States history; or

(vii) psychology; or

(B) a grade of B or higher in a general education social

science course taken before high school graduation and

either offered by or accepted in transfer by a state educational institution.
Vol. 28, No. 29, July 16, 2009 q Kansas Secretary of State 2009

Regulations 1109 Kansas Register

(e) To demonstrate successful completion of the functional equivalent of all of the courses described in K.A.R.

88-29-11, each applicant who has attended an accredited

high school located outside the United States shall provide official documentation of a study in mathematics,

science, literature, and composition and completion of

this study at a level that exceeds the minimum graduation

standards of that accredited high school.

This regulation shall be effective on and after July 1,

2009. (Authorized by and implementing K.S.A. 76-717, as

amended by 2009 HB 2197, §1; effective Aug. 1, 2007;

amended, T-88-6-26-09, July 1, 2009.)

Reginald L. Robinson

President and CEO

Doc. No. 037250

State of Kansas

Kansas Lottery

Temporary Administrative

Regulations

Article 4.—INSTANT GAMES AND DRAWINGS

111-4-2849. ‘‘Snowflake Bingo’’ instant ticket lottery game number 191. (a) The Kansas lottery shall conduct an instant winner lottery game entitled ‘‘Snowflake

Bingo’’ commencing on or after July 1, 2009. The rules for

this game are contained in K.A.R. 111-3-1 et seq. and 111-

4-2849.

(b) The ‘‘play symbols’’ for the four bingo ‘‘CARD’’

play areas for this game are as follows:

01 02 03 04 05 06 07 08 09 10

11 12 13 14 15 16 17 18 19 20

21 22 23 24 25 26 27 28 29 30

31 32 33 34 35 36 37 38 39 40

41 42 43 44 45 46 47 48 49 50

51 52 53 54 55 56 57 58 59 60

61 62 63 64 65 66 67 68 69 70

71 72 73 74 75 FREE SNOWFLAKE

In the ‘‘CALLER’S CARD’’ play area, a letter/number

combination game symbol appears in each of the 24 play

spots. In the ‘‘BONUS NUMBERS’’ play area, a letter/

combination game symbol appears in each of the six play

spots. ‘‘Play symbols’’ for the ‘‘CALLER’S CARD,’’ and

the ‘‘BONUS NUMBERS’’ play areas for this instant game

are the following:

B01 I16 N31 G46 O61

B02 I17 N32 G47 O62

B03 I18 N33 G48 O63

B04 I19 N34 G49 O64

B05 I20 N35 G50 G65

B06 I21 N36 G51 O66

B07 I22 N37 G52 O67

B08 I23 N38 G53 O68

B09 I24 N39 G54 O69

B10 I25 N40 G55 O70

B11 I26 N41 G56 O71

B12 I27 N42 G57 O72

B13 I28 N43 G58 O73

B14 I29 N44 G59 O74

B15 I30 N45 G60 O75

(c) There are no ‘‘play symbol captions’’ for this game.

(d) The ticket numbers in each book of tickets in this

game shall start with 000 and end with 149.

(e) The three letters comprising the retailer validation

codes used in this game shall appear in three of eight

varying locations among the play symbols. The retailer

validation codes for this game and their meanings are as

follows:

TWO 5 $2.00

FOR 5 $4.00

FIV 5 $5.00

SEV 5 $7.00

NIN 5 $9.00

TEN 5 $10.00

FTN 5 $15.00

NTN 5 $19.00

TWY 5 $20.00

FTY 5 $50.00

STF 5 $75.00

HUN 5 $100.00

HFY 5 $150.00

THN 5 $200.00

THY 5 $250.00

FHN 5 $500.00

(f) The price of instant tickets sold by a retailer for this

game shall be $2.00 each.

(g) ‘‘Snowflake Bingo’’ is a two-part vertically oriented

game. The first part consists of the ‘‘CALLER’S CARD’’

and the ‘‘BONUS NUMBERS.’’ The ‘‘CALLER’S CARD’’

contains 24 draw numbers covered by opaque latex. The

‘‘BONUS NUMBERS’’ consist of six draw numbers covered by opaque latex.

The second part consists of four ‘‘GAME CARDS’’ each

containing 23 numbers, a ‘‘FREE’’ space in the center of

each card, and a ‘‘SNOWFLAKE’’ symbol, for a total of

25 squares. The ‘‘GAME CARDS’’ are each covered by

translucent blue scratch-off.

A player removes the scratch-off material from the areas on the ticket indicated by the words ‘‘CALLER’S

CARD’’ and ‘‘BONUS NUMBERS’’ to reveal a total of 30

‘‘SNOWFLAKE BINGO’’ letter/number combinations. A

player wins by matching the ‘‘CALLER’S CARD’’ and

‘‘BONUS NUMBERS’’ to the numbers on the four

‘‘GAME CARDS.’’ If the player finds a diagonal, vertical,

or horizontal straight line, or four corners of the grid, or

an ‘‘X’’ pattern, the player wins a prize according to the

prize legend beside the respective ‘‘GAME CARD.’’

A ‘‘SNOWFLAKE’’ symbol will appear at random in

each of the four ‘‘GAME CARDS.’’ The ‘‘SNOWFLAKE’’

symbol will act as a ‘‘FREE’’ space, and if the ‘‘SNOWFLAKE’’ symbol is included in any winning pattern, the

corresponding prize is doubled.

(h) Each ticket in this game may win up to four times.

Only the highest prize won on each card will be awarded.

(i) Approximately 1,200,000 tickets shall be ordered initially for this instant game. Additional ticket orders shall

have the same prize structure, the same number of prizes

per prize pool of 300,000 tickets, and the same odds as

were contained in the initial ticket order.

(continued)
q Kansas Secretary of State 2009 Vol. 28, No. 29, July 16, 2009

1110 Regulations Kansas Register

(j) The expected number and value of instant prizes in

this game shall be as follows:

Prizes

Expected Number of

Prizes in Game

Expected

Value in Game

Line - Card 1 $2 56,000 $112,000

Line - Card 2 $2 56,000 112,000

Line - Cards 1 & 2 $4 40,000 160,000

Line - Card 1 (DBL) $4 32,000 128,000

Line - Card 2 (DBL) $4 32,000 128,000

Line - Card 3 $5 18,000 90,000

Line - Cards 2 & 3 $7 20,000 140,000

Line - Cards 1 & 2 & 3 $9 6,000 54,000

Line - Card 4 $10 4,000 40,000

Line - Card 3 (DBL) $10 8,000 80,000

Line - Cards 3 & 4 $15 3,000 45,000

Line - Cards 1 & 2 & 3 & 4 $19 2,400 45,600

4 Corners - Card 1 $20 1,000 20,000

Line - Card 4 (DBL) $20 2,400 48,000

4 Corners - Card 2 $50 400 20,000

4 Corners - Cards 1 & 2,

Line - Card 3 $75 200 15,000

X - Card 1 $100 72 7,200

4 Corners - Card 3 $100 108 10,800

4 Corners - Card 4 $100 108 10,800

4 Corners - Cards 2 & 3 $150 60 9,000

4 Corners - Cards 2 & 4 $150 60 9,000

4 Corners - Cards 3 & 4 $200 72 14,400

4 Corners - Cards 2 & 3

& 4 $250 36 9,000

X - Card 2 $500 24 12,000

X - Card 3 $1,000 20 20,000

X - Card 4 $10,000 12 120,000

TOTAL 281,972 $1,459,800

(DBL) - denotes doubler feature

(k) The odds of winning a prize in this game are approximately one in 4.26. (Authorized by K.S.A. 74-8710;

implementing K.S.A. 74-8710 and K.S.A. 74-8720; effective, T-111-6-29-09, June 17, 2009.)

111-4-2850. ‘‘Holiday Crossword’’ instant ticket

lottery game number 192. (a) The Kansas lottery shall

conduct an instant winner lottery game entitled ‘‘Holiday

Crossword’’ commencing on or after July 1, 2009. The

rules for this game are contained in K.A.R. 111-3-1 et seq.

and 111-4-2850.

(b) The ‘‘play symbols’’ for this game are as follows:

Play Symbols

A

B

C

D

E

F

G

H

I

J

K

L

M

N

O

P

Q

R

S

T

U

V

W

X

Y

Z

(c) For this game, a play symbol shall appear in each

of a variable number of play spots within the play area

or areas.

(d) The ticket numbers in each book of tickets in this

game shall start with 000 and end with 149.

(e) The three letters comprising the retailer validation

codes used in this game shall appear in three of eight

varying locations among the play symbols. The retailer

validation codes for this game and their meanings are as

follows:

FRE 5 Free Ticket

FIV 5 $5.00

TEN 5 $10.00

TWY 5 $20.00

HUN 5 $100.00

FHN 5 $500.00

(f) The price of instant tickets sold by a retailer for this

game shall be $2.00 each.

(g) ‘‘Holiday Crossword’’ consists of three play areas.

In the upper part of the ticket there is a crossword puzzle

grid that contains 11 spaces (height) by 11 spaces (width)

covered by transparent latex. In the ‘‘YOUR LETTERS’’

play area, located in the lower part of the ticket, there are

18 letters located under opaque latex. To the right of the

‘‘YOUR LETTERS’’ play area is the ‘‘BONUS’’ play area

in which there are two letters covered by opaque latex.

Imaged around each of the 18 ‘‘YOUR LETTERS’’ and

two ‘‘BONUS’’ letters there will be a four-sided box composed of solid lines. A player will remove the latex from

the ‘‘YOUR LETTERS’’ and ‘‘BONUS’’ play areas one letter at a time, and then for each matching letter in the

crossword puzzle grid scratch off the transparent latex.

Each letter revealed in the ‘‘YOUR LETTERS’’ and ‘‘BONUS’’ play areas may be used an unlimited number of

times in the crossword puzzle grid. If a player reveals at

least three complete words in the crossword puzzle grid,

the player wins the corresponding prize in the prize legend. The prize legend on the front of the ticket indicates

prizes won for number of words revealed, as is also set

forth in subsection (k) hereinafter.

(h) To qualify as a complete word to win a prize in this

game, the words revealed must meet the following

requirements:

(1) must contain at least three letters;

(2) cannot be formed diagonally, run right to left or

from bottom to top;

(3) must appear in an unbroken horizontal or vertical

string of letters in the ‘‘crossword’’ puzzle;

(4) an unbroken string of letters cannot be interrupted

by a black space and must contain every single letter

square between two black spaces;

(5) every single letter in the unbroken string must be

revealed in ‘‘YOUR LETTERS,’’ or ‘‘BONUS’’ areas and

be included to form a word; and
Vol. 28, No. 29, July 16, 2009 q Kansas Secretary of State 2009

Regulations 1111 Kansas Register

(6) the three small letters outside the squares in the

‘‘YOUR LETTERS’’ area are for validation purposes and

cannot be used to play ‘‘Holiday Crossword.’’

(i) Each ticket in this game may win up to one time.

Only the highest prize won on each ticket will be

awarded.

(j) Approximately 1,200,000 tickets shall be ordered initially for this instant game. Additional ticket orders shall

have the same prize structure, the same number of prizes

per prize pool of 300,000 tickets, and the same odds as

were contained in the initial ticket order.

(k) The expected number and value of instant prizes in

this game shall be as follows:

Prize

Expected Number of

Prizes in Game

Expected

Value in Game

Free Ticket Free Ticket 200,000 $0

$5 $5 52,000 260,000

$10 $10 27,600 276,000

$20 $20 9,200 184,000

$100 $100 1,200 120,000

$500 $500 184 92,000

$2,000 $2,000 44 88,000

$20,000 $20,000 8 160,000

TOTAL 290,236 $1,180,000

(l) The odds of winning a prize in this game are approximately one in 4.13. (Authorized by K.S.A. 74-8710;

implementing K.S.A. 74-8710 and K.S.A. 74-8720; effective, T-111-6-29-09, June 17, 2009.)

111-4-2851. ‘‘Huntin’ Season’’ instant ticket lottery game number 197. (a) The Kansas lottery shall conduct an instant winner lottery game entitled ‘‘Huntin’

Season’’ commencing on or after July 1, 2009. The rules

for this game are contained in K.A.R. 111-3-1 et seq. and

111-4-2851.

(b) The ‘‘play and prize symbols’’ and ‘‘captions’’ for

this game are as follows:

Play Symbols Play Symbol Captions

Symbol of an antler ANTLR

Symbol of an ATV ATV

Symbol of a decoy DECOY

Symbol of a pair of binoculars BNOCLR

Symbol of a hunting hat HAT

Symbol of a tree TREE

Symbol of a dog DOG

Symbol of a whistle WHISTL

Symbol of a knife KNIFE

Symbol of a cross bow BOW

Symbol of a coin 1XPRIZE

Symbol of a stack of cash 2XPRIZE

Prize Symbols Play Symbol Captions

Free TICKET

$1.00 ONE$

$2.00 TWO$

$3.00 THR$

$4.00 FOUR$

$5.00 FIVE$

$6.00 SIX$

10.00 TEN$

20.00 TWENTY

25.00 TWEN-FIV

50.00 FIFTY

$100$ ONE-HUN

$150$ ONHNFTY

$300$ THRHUN

$3000 THRTHOU

(c) For this game, a play symbol shall appear in each

of 11 play spots within the play area or areas.

(d) The ticket numbers in each book of tickets in this

game shall start with 000 and end with 299.

(e) The three letters comprising the retailer validation

codes used in this game shall appear in three of eight

varying locations among the play symbols. The retailer

validation codes for this game and their meanings are as

follows:

FRE 5 Free Ticket

ONE 5 $1.00

TWO 5 $2.00

FOR 5 $4.00

SIX 5 $6.00

TEN 5 $10.00

TWY 5 $20.00

FTY 5 $50.00

HUN 5 $100.00

THH 5 $300.00

(f) The price of instant tickets sold by a retailer for this

game shall be $1.00 each.

(g) ‘‘Huntin’ Season’’ is a tic-tac-toe game. A player will

remove the scratch-off material to reveal nine play symbols, one prize symbol, and one ‘‘BONUS’’ symbol. If a

player reveals three ‘‘ANTLER’’ symbols in any one row,

column, or diagonal, the player wins the prize shown in

the prize box. If the player reveals a ‘‘STACK OF CASH’’

symbol in the ‘‘BONUS’’ box, the player wins double the

prize.

(h) Each ticket in this game may win up to one time.

(i) Approximately 600,000 tickets shall be ordered initially for this instant game. Additional ticket orders shall

have the same prize structure, the same number of prizes

per prize pool of 300,000 tickets, and the same odds as

were contained in the initial ticket order.

(j) The expected number and value of instant prizes in

this game shall be as follows:

Prize

Expected Number of

Prizes in Game

Expected

Value in Game

Free Ticket Free Ticket 40,000 $0

$1 $1 40,000 40,000

$2 $2 16,000 32,000

$1 DBL $2 16,000 32,000

$4 $4 7,000 28,000

$2 DBL $4 7,000 28,000

$6 $6 4,000 24,000

$3 DBL $6 4,000 24,000

$10 $10 1,800 18,000

$5 DBL $10 1,800 18,000

$20 $20 500 10,000

$10 DBL $20 500 10,000

$50 $50 220 11,000

$25 DBL $50 220 11,000

$100 $100 36 3,600

$50 DBL $100 36 3,600

$300 $300 16 4,800

(continued)
q Kansas Secretary of State 2009 Vol. 28, No. 29, July 16, 2009

1112 Regulations Kansas Register

$150 DBL $300 16 4,800

$3,000 $3,000 8 24,000

TOTAL 139,152 $326,800

DBL - denotes doubler feature

(k) The odds of winning a prize in this game are approximately one in 4.31. (Authorized by K.S.A. 74-8710;

implementing K.S.A. 74-8710 and K.S.A. 74-8720; effective, T-111-6-29-09, June 17, 2009.)

111-4-2852. ‘‘Cash Happy’’ instant ticket lottery

game number 198. (a) The Kansas lottery shall conduct

an instant winner lottery game entitled ‘‘Cash Happy’’

commencing on or after July 1, 2008. The rules for this

game are contained in K.A.R. 111-3-1 et seq. and 111-4-

2852.

(b) The ‘‘play symbols’’ and ‘‘captions’’ for this game

are as follows:

Play Symbols Play Symbol Captions

Symbol of a money bag MNYBAG

Symbol of a pot of gold POTGLD

Symbol of a treasure TRSURE

Symbol of a gold bar GLDBAR

Symbol of a stack of coins STKCNS

Symbol of a stack of bills BILLS

Symbol of a vault VAULT

Symbol of a coin COIN

(c) For this game, a play symbol shall appear in each

of 10 play spots within the play area or areas.

(d) The ticket numbers in each book of tickets in this

game shall start with 000 and end with 299.

(e) The three letters comprising the retailer validation

codes used in this game shall appear in three of eight

varying locations among the play symbols. The retailer

validation codes for this game and their meanings are as

follows:

FRE 5 Free Ticket

TWO 5 $2.00

FOR 5 $4.00

TEN 5 $10.00

TWY 5 $20.00

FRY 5 $40.00

HUN 5 $100.00

FRH 5 $400.00

(f) The price of instant tickets sold by a retailer for this

game shall be $1.00 each.

(g) ‘‘Cash Happy’’ is a key symbol match game. The

ticket features a ‘‘WIN UP TO $4,000!’’ game play area

and a ‘‘PRIZE LEGEND.’’ A player will remove the

scratch-off material in the game play area to reveal 10

play symbols. If the player reveals a ‘‘MONEY BAG’’

symbol in the game play area, the player wins a prize

according to the ‘‘PRIZE LEGEND’’ on the ticket front.

(h) Each ticket in this game may win up to one time.

(i) Approximately 600,000 tickets shall be ordered initially for this instant game. Additional ticket orders shall

have the same prize structure, the same number of prizes

per prize pool of 300,000 tickets, and the same odds as

were contained in the initial ticket order.

(j) The expected number and value of instant prizes in

this game shall be as follows:

Number of Money

Bag Symbols Prize

Expected Number of

Prizes in Game

Expected

Value in Game

1 Free Ticket 40,000 $0

2 $2 50,000 100,000

3 $4 30,000 120,000

4 $10 4,000 40,000

5 $20 900 18,000

6 $40 250 10,000

7 $100 50 5,000

8 $400 12 4,800

9 $1,000 6 6,000

10 $4,000 6 24,000

TOTAL 125,224 $327,800

(k) The odds of winning a prize in this game are approximately one in 4.79. (Authorized by K.S.A. 74-8710;

implementing K.S.A. 74-8710 and K.S.A. 74-8720; effective, T-111-6-29-09, June 17, 2009.)

111-4-2853. ‘‘Triple Tripler’’ instant ticket lottery

game number 199. (a) The Kansas lottery shall conduct

an instant winner lottery game entitled ‘‘Triple Tripler’’

commencing on or after July 1, 2009. The rules for this

game are contained in K.A.R. 111-3-1 et seq. and 111-4-

2853.

(b) The ‘‘play and prize symbols’’ and ‘‘captions’’ for

this game are as follows:

Prize Symbols Captions

$1.00 ONE$

$2.00 TWO$

$3.00 THR$

$5.00 FIVE$

10.00 TEN$

18.00 EGTEEN

30.00 THIRTY

90.00 NINETY

$1000 ONETHOU

$2000 TWOTHOU

$6000 SIXTHOU

Play Symbols

SINGLE PRIZE

TRIPLE PRIZE

TRIPLE TRIPLER

(c) For this game, a play symbol shall appear in each

of seven play spots within the play area or areas.

(d) The ticket numbers in each book of tickets in this

game shall start with 000 and end with 299.

(e) The three letters comprising the retailer validation

codes used in this game shall appear in three of eight

varying locations among the play symbols. The retailer

validation codes for this game and their meanings are as

follows:

ONE 5 $1.00

THR 5 $3.00

FIV 5 $5.00

SIX 5 $6.00

NIN 5 $9.00

FTN 5 $15.00

EGN 5 $18.00

TRY 5 $30.00

NTY 5 $90.00
Vol. 28, No. 29, July 16, 2009 q Kansas Secretary of State 2009

Regulations 1113 Kansas Register

(f) The price of instant tickets sold by a retailer for this

game shall be $1.00 each.

(g) ‘‘Triple Tripler’’ is a match three of six game with

a triple prize and a ‘‘Triple Tripler’’ feature. A player will

remove the scratch-off material covering the game play

area to reveal six prize amounts and a ‘‘YOUR PRIZE

LEVEL.’’ The ‘‘YOUR PRIZE LEVEL’’ will be either the

words ‘‘SINGLE PRIZE,’’ the words ‘‘TRIPLE PRIZE,’’ or

the words ‘‘TRIPLE TRIPLER.’’ If a player matches three

like prize amounts and the words ‘‘SINGLE PRIZE’’ are

revealed, the player will win the prize amount matched.

If a player matches three like prize amounts and the

words ‘‘TRIPLE PRIZE’’ are revealed, the player will win

triple the prize amount matched. If a player matches three

like prize amounts and the words ‘‘TRIPLE TRIPLER’’ are

revealed, the player will win nine times the prize

matched.

(h) Each ticket in this game may win one time.

(i) Approximately 600,000 tickets shall be ordered initially for this instant game. Additional ticket orders shall

have the same prize structure, the same number of prizes

per prize pool of 300,000 tickets, and the same odds as

were contained in the initial ticket order.

(j) The expected number and value of instant prizes in

this game shall be as follows:

Prize

Expected Number of

Prizes in Game

Expected

Value in Game

3 - $1’s + single prize $1 50,000 $50,000

3 - $1’s + triple prize $3 15,000 45,000

3 - $3’s + single prize $3 15,200 45,600

3 - $5’s + single prize $5 9,000 45,000

3 - $2’s + triple prize $6 4,600 27,600

3 - $1’s + triple tripler $9 3,600 32,400

3 - $5’s + triple prize $15 1,500 22,500

3 - $2’s + triple tripler $18 600 10,800

3 - $18’s + single prize $18 640 11,520

3 - $30’s + single prize $30 240 7,200

3 - $10’s + triple prize $30 220 6,600

3 - $10’s + triple tripler $90 80 7,200

3 - $90’s + single prize $90 70 6,300

3 - $1,000’s + triple prize $3,000 2 6,000

3 - $6,000’s + single prize $6,000 2 12,000

3 - $2,000’s + triple prize $6,000 3 18,000

TOTAL 100,757 $353,720

(k) The odds of winning a prize in this game are approximately one in 5.95. (Authorized by K.S.A. 74-8710;

implementing K.S.A. 74-8710 and K.S.A. 74-8720; effective, T-111-6-29-09, June 17, 2009.)

111-4-2854. ‘‘Keep the Change’’ instant ticket lottery game number 200. (a) The Kansas lottery shall conduct an instant winner lottery game entitled ‘‘Keep the

Change’’ commencing on or after July 1, 2009. The rules

for this game are contained in K.A.R. 111-3-1 et seq. and

111-4-2854.

(b) The ‘‘prize and play symbols’’ and ‘‘captions’’ for

this game are as follows:

Prize Symbols Captions

FREE TICKET

$2.00 TWO$

$5.00 FIVE$

10.00 TEN$

25.00 TWEN-FIV

50.00 FIFTY

$500$ FIVE-HUN

$5,000 FIVTHOU

Play Symbols Captions

FREE TICKET

01¢ PENNY

05¢ NICKEL

10¢ DIME

25¢ QUARTER

50¢ HALF

(c) For this game, a play symbol shall appear in each

of six play spots within the play area or areas.

(d) The ticket numbers in each book of tickets in this

game shall start with 000 and end with 299.

(e) The three letters comprising the retailer validation

codes used in this game shall appear in three of eight

varying locations among the play symbols. The retailer

validation codes for this game and their meanings are as

follows:

FRE 5 Free Ticket

TWO 5 $2.00

FIV 5 $5.00

TEN 5 $10.00

TWF 5 $25.00

FTY 5 $50.00

FHN 5 $500.00

(f) The price of instant tickets sold by a retailer for this

game shall be $1.00 each.

(g) ‘‘Keep the Change’’ is an add-up game. A player

will remove the latex material covering the game play

area to reveal five play symbols or coins and one prize

symbol. If the five coins add up to $1.00 or more, the

player wins the prize in the ‘‘PRIZE’’ box.

(h) Each ticket in this game may win up to one time.

(i) Approximately 600,000 tickets shall be ordered initially for this instant game. Additional ticket orders shall

have the same prize structure, the same number of prizes

per prize pool of 300,000 tickets, and the same odds as

were contained in the initial ticket order.

(j) The expected number and value of instant prizes in

this game shall be as follows:

Prize

Expected Number of

Prizes in Game

Expected

Value in Game

Free Ticket 60,000 $0

$2 38,000 76,000

$5 19,000 95,000

$10 6,000 60,000

$25 1,240 31,000

$50 360 18,000

$500 12 6,000

$5,000 6 30,000

TOTAL 124,618 $316,000

(k) The odds of winning a prize in this game are approximately one in 4.81. (Authorized by K.S.A. 74-8710;

implementing K.S.A. 74-8710 and K.S.A. 74-8720; effective, T-111-6-29-09, June 17, 2009.)

111-4-2855. ‘‘Bonus Crossword’’ instant ticket

lottery game number 201. (a) The Kansas lottery shall

conduct an instant winner lottery game entitled ‘‘Bonus

(continued)
q Kansas Secretary of State 2009 Vol. 28, No. 29, July 16, 2009

1114 Regulations Kansas Register

Crossword’’ commencing on or after July 1, 2009. The

rules for this game are contained in K.A.R. 111-3-1 et seq.

and 111-4-2855.

(b) The ‘‘play symbols’’ for this game are as follows: A

- B - C - D - E - F - G - H - I - J - K - L - M - N - O - P - Q

- R - S - T - U - V - W - X - Y - Z. There are no ‘‘play

symbol captions’’ in this game.

(c) For this game, a play symbol shall appear in each

of 18 play spots within the ‘‘YOUR LETTERS’’ play area,

in each of two play spots within the ‘‘BONUS’’ play area,

and a variable number of times within the crossword

puzzle grid.

(d) The ticket numbers in each book of tickets in this

game shall start with 000 and end with 149.

(e) The three letters comprising the retailer validation

codes used in this game shall appear in three of eight

varying locations among the play symbols. The retailer

validation codes for this game and their meanings are as

follows:

FRE 5 Free ticket

FIV 5 $5.00

TEN 5 $10.00

TWY 5 $20.00

HUN 5 $100.00

FHN 5 $500.00

(f) The price of instant tickets sold by a retailer for this

game shall be $2.00 each.

(g) ’’Bonus Crossword‘‘ consists of three play areas. In

the upper part of the ticket there is a crossword puzzle

grid that contains 11 spaces (height) by 11 spaces (width)

covered by transparent latex. In the ’’YOUR LETTERS‘‘

play area, located in the lower part of the ticket, there are

18 letters located under opaque latex. To the right of the

’’YOUR LETTERS‘‘ play area is the ’’BONUS‘‘ play area

in which there are two letters covered by opaque latex.

Imaged around each of the 18 ’’YOUR LETTERS‘‘ and

two ‘‘BONUS’’ letters there will be a four-sided box composed of solid lines. A player will remove the latex from

the ‘‘YOUR LETTERS’’ and ‘‘BONUS’’ play areas one letter at a time, and then for each matching letter in the

crossword puzzle grid scratch off the transparent latex.

Each letter revealed in the ‘‘YOUR LETTERS’’ and ‘‘BONUS’’ play areas may be used an unlimited number of

times in the crossword puzzle grid. If a player reveals at

least three complete words in the crossword puzzle grid,

the player wins the corresponding prize in the prize legend. The prize legend on the front of the ticket indicates

prizes won for number of words revealed, as is also set

forth in subsection (k) hereinafter.

(h) To qualify as a complete word to win a prize in this

game, the words revealed must meet the following

requirements:

(1) must contain at least three letters;

(2) cannot be formed diagonally, run right to left or

from bottom to top;

(3) must appear in an unbroken horizontal or vertical

string of letters in the ‘‘crossword’’ puzzle;

(4) an unbroken string of letters cannot be interrupted

by a black space and must contain every single letter

square between two black spaces;

(5) every single letter in the unbroken string must be

revealed in ‘‘YOUR LETTERS,’’ or ‘‘BONUS’’ areas and

be included to form a word; and

(6) the three small letters outside the squares in the

‘‘YOUR LETTERS’’ area are for validation purposes and

cannot be used to play ‘‘Bonus Crossword.’’

(i) Each ticket in this game may win up to one time.

Only the highest prize won on each ticket will be

awarded.

(j) Approximately 3,600,000 tickets shall be ordered initially for this instant game. Additional ticket orders shall

have the same prize structure, the same number of prizes

per prize pool of 300,000 tickets, and the same odds as

were contained in the initial ticket order.

(k) The expected number and value of instant prizes in

this game shall be as follows:

Match Prizes

Expected Number of

Prizes in Game

Expected Value

in Game

3 - words FREE TICKET 600,000 $0

4 - words $5 156,000 780,000

5 - words $10 82,800 828,000

6 - words $20 27,600 552,000

7 - words $100 3,600 360,000

8 - words $500 552 276,000

9 - words $2,000 132 264,000

10 - words $20,000 24 480,000

TOTAL 870,708 $3,540,000

(l) The odds of winning a prize in this game are approximately one in 4.13. (Authorized by K.S.A. 74-8710;

implementing K.S.A. 74-8710 and K.S.A. 74-8720; effective, T-111-6-29-09, June 17, 2009.)

Article 9.—PULL-TAB GAMES

111-9-157. ‘‘Fire & Dice’’ pull tab ticket lottery

game number 189. (a) The Kansas lottery shall conduct a

pull tab lottery game entitled ‘‘Fire & Dice’’ commencing

on or after July 1, 2009. The rules for this game are contained in K.A.R. 111-8-1 et seq. and K.A.R. 111-9-157.

(b) The price of pull tab tickets sold by a retailer for

this game shall be $2.00 each.

(c) Approximately 600,000 tickets shall be ordered initially for this pull tab game which shall be packaged in

packs of 150 tickets each. The ticket numbers in each pack

in this game shall start with 000 and end with 149. Additional ticket orders shall have the same prize structure,

the same number of prizes per pool of 300,000 tickets, and

the same odds as were contained in the initial ticket order.

(d) The play symbols for this game are as follows:

Symbol of a dice

Symbol of a 7

Symbol of a roulette table

Symbol of the ace of spades

Symbol of a poker chip

Symbol of a double bar

Symbol of a single bar

Symbol of a cherry

(e) For this game, three play symbols shall appear under each of eight tabs on the back of each ticket. On the

front of each ticket shall appear a legend of all winning

combinations using the play symbols for this game along
Vol. 28, No. 29, July 16, 2009 q Kansas Secretary of State 2009

Regulations 1115 Kansas Register

with the corresponding prize amount for each combination, as follows: three cherry symbols equal $2.00; three

single bar symbols equal $5.00; three double bar symbols

equal $10.00; three poker chip symbols equal $25.00; three

ace of spades symbols equal $50.00; three roulette table

symbols equal $100.00; three ‘‘7’’ symbols equal $250.00;

three die symbols equal $2,500.00.

(f) All tabs on the back of each ticket are to be pulled

open. For each combination of three play symbols matching the legend on the front of the ticket, the player wins

the prize amount corresponding to each combination as

shown in (h) below. All winning combinations shall be

within a single window in a horizontal line.

(g) The three letters comprising the retailer validation

codes used in this game shall appear in three of 24 varying locations among the play symbols. The retailer validation codes for this game and their meanings are as follows:

TWO 5 $2.00

FOR 5 $4.00

FIV 5 $5.00

SEV 5 $7.00

TEN 5 $10.00

TWF 5 $25.00

THF 5 $35.00

FTY 5 $50.00

HUN 5 $100.00

THY 5 $250.00

(h) The number and value of prizes in this game and

winning combinations shall be as follows: (See corresponding play symbol values in subsection (e) above.)

Get Prizes

Expected Number of

Prizes in Game

Expected

Value in Game

$2 $2 82,000 $164,000

$2 + $2 $4 28,120 112,480

$5 $5 26,000 130,000

$5 + $2 $7 16,000 112,000

$10 $10 4,000 40,000

$5 + $5 $10 4,000 40,000

$25 $25 1,000 25,000

$5 + $10 + $10 $25 1,100 27,500

$5 + $5 + $5 + $5 + $5 $25 1,200 30,000

$2 + $2 + $2 + $2 + $2 +

$5 + $10 $25 1,200 30,000

$5 + $5 + $5 + $5 + $5 +

$5 + $5 $35 500 17,500

$5 + $10 + $10 + $10 $35 500 17,500

$50 $50 250 12,500

$5 + $5 + $5 + $5 + $25 $50 250 12,500

$100 $100 100 10,000

$250 $250 40 10,000

$2,500 $2,500 10 25,000

TOTAL 166,270 $815,980

(i) Each ticket in this game may have up to seven winning combinations.

(j) The overall odds of winning a prize in this game are

approximately one in 3.61. (Authorized by K.S.A. 74-

8710; implementing K.S.A. 74-8710 and K.S.A. 74-8720;

effective, T-111-6-29-09, June 17, 2009.)

111-9-158. ‘‘Payday’’ pull tab ticket lottery game

number 190. (a) The Kansas lottery shall conduct a pull

tab lottery game entitled ‘‘Payday’’ commencing on or

after July 1, 2009. The rules for this game are contained

in K.A.R. 111-8-1 et seq. and K.A.R. 111-9-158.

(b) The price of pull tab tickets sold by a retailer for

this game shall be $2.00 each.

(c) Approximately 600,000 tickets shall be ordered initially for this pull tab game which shall be packaged in

packs of 150 tickets each. The ticket numbers in each pack

in this game shall start with 000 and end with 149. Additional ticket orders shall have the same prize structure,

the same number of prizes per pool of 300,000 tickets, and

the same odds as were contained in the initial ticket order.

(d) The play symbols for this game are as follows:

Symbol of a stack of bills

Symbol of $

Symbol of an ATM machine

Symbol of a credit card

Symbol of Benjamin Franklin

Symbol of a piggy bank

Symbol of a stack of gold coins

Symbol of a gold token

(e) For this game, three play symbols shall appear under each of eight tabs on the back of each ticket. On the

front of each ticket shall appear a legend of all winning

combinations using the play symbols for this game along

with the corresponding prize amount for each combination, as follows: three gold token symbols equal $2.00;

three stack of gold coins symbols equal $5.00; three piggy

bank symbols equal $10.00; three Benjamin Franklin symbols equal $25.00; three credit card symbols equal $50.00;

three ATM machine symbols equal $100.00; three $ symbols equal $250.00; three stack of bills symbols equal

$2,500.00.

(f) All tabs on the back of each ticket are to be pulled

open. For each combination of three play symbols matching the legend on the front of the ticket, the player wins

the prize amount corresponding to each combination as

shown in (h) below. All winning combinations shall be

within a single window in a horizontal line.

(g) The three letters comprising the retailer validation

codes used in this game shall appear in three of 24 varying locations among the play symbols. The retailer validation codes for this game and their meanings are as follows:

TWO 5 $2.00

FOR 5 $4.00

FIV 5 $5.00

SEV 5 $7.00

TEN 5 $10.00

TWF 5 $25.00

THF 5 $35.00

FTY 5 $50.00

HUN 5 $100.00

THY 5 $250.00

(h) The number and value of prizes in this game and

winning combinations shall be as follows: (See corresponding play symbol values in subsection (e) above.)

Get Prizes

Expected Number of

Prizes in Game

Expected

Value in Game

$2 $2 82,000 $164,000

$2 + $2 $4 28,120 112,480

$5 $5 26,000 130,000

$5 + $2 $7 16,000 112,000

(continued)
q Kansas Secretary of State 2009 Vol. 28, No. 29, July 16, 2009

1116 Regulations/Index Kansas Register

$10 $10 4,000 40,000

$5 + $5 $10 4,000 40,000

$25 $25 1,000 25,000

$5 + $10 + $10 $25 1,100 27,500

$5 + $5 + $5 + $5 + $5 $25 1,200 30,000

$2 + $2 + $2 + $2 + $2

+ $5 + $10 $25 1,200 30,000

$5 + $5 + $5 + $5 + $5

+ $5 + $5 $35 500 17,500

$5 + $10 + $10 + $10 $35 500 17,500

$50 $50 250 12,500

$5 + $5 + $5 + $5 + $25 $50 250 12,500

$100 $100 100 10,000

$250 $250 40 10,000

$2,500 $2,500 10 25,000

TOTAL 166,270 $815,980

(i) Each ticket in this game may have up to seven winning combinations.

(j) The overall odds of winning a prize in this game are

approximately one in 3.61. (Authorized by K.S.A. 74-

8710; implementing K.S.A. 74-8710 and K.S.A. 74-8720;

effective, T-111-6-29-09, June 17, 2009.)

Ed Van Petten

Executive Director

Doc. No. 037252

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
Index to Regulations 1117 Kansas Register

Vol. 28, No. 29, July 16, 2009 q Kansas Secretary of State 2009

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

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

28-39-164

through

28-39-168 Amended V. 28, p. 798-800

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

28-45b-1

through

28-45b-28 New V. 28, p. 973-988

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

28-70-4 New V. 28, p. 800

28-73-1 Amended V. 28, p. 74

AGENCY 30: SOCIAL AND

REHABILITATION SERVICES

Reg. No. Action Register

30-4-90 Amended V. 28, p. 916

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

30-45-20 New V. 28, p. 966

30-46-10 Amended V. 28, p. 966

30-46-17 Amended V. 28, p. 967

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

40-1-37 Amended V. 28, p. 966

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

40-4-35 Amended V. 28, p. 915

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

69-3-8 Amended (T) V. 28, p. 923

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

(continued)
1118 Index to Regulations Kansas Register

q Kansas Secretary of State 2009 Vol. 28, No. 29, July 16, 2009

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

82-11-4 Amended V. 28, p. 917

82-11-10 Amended V. 28, p. 922

82-14-1

through

82-14-5 Amended V. 28, p. 967-971

82-14-6 New V. 28, p. 972

AGENCY 84: PUBLIC EMPLOYEE

RELATIONS BOARD

Reg. No. Action Register

84-2-1 Amended V. 28, p. 872

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

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

100-29-16 Amended V. 28, p. 1060

100-49-4 Amended (T) V. 28, p. 923

100-54-4 Amended V. 27, p. 209

100-55-4 Amended V. 27, p. 209

100-55-7 Amended V. 28, p. 1061

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

100-73-1 Amended (T) V. 28, p. 923

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 V. 27, p. 1838

105-11-1 Amended (T) V. 28, p. 1079

AGENCY 108: STATE EMPLOYEES

HEALTH CARE COMMISSION

Reg. No. Action Register

108-1-4 Amended V. 28, p. 1062

AGENCY 109: BOARD OF

EMERGENCY MEDICAL SERVICES

Reg. No. Action Register

109-2-9 Amended V. 28, p. 1030

109-3-1 Amended V. 28, p. 1030

109-5-2 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
Index to Regulations 1119 Kansas Register

Vol. 28, No. 29, July 16, 2009 q Kansas Secretary of State 2009

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

111-2-224 New V. 28, p. 853

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

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

111-4-2815

through

111-4-2838 New V. 28, p. 853-871

111-4-2840

through

111-4-2848 New V. 28, p. 1031-1034

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

112-12-15 New V. 28, p. 797

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

115-15-1 Amended V. 28, p. 1079

115-15-2 Amended V. 28, p. 1080

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

117-3-1 Amended V. 28, p. 1027

117-3-2a Amended V. 28, p. 373

117-4-1 Amended V. 28, p. 1028

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. 28, p. 1029

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

(continued)
1120 Index to Regulations Kansas Register

q Kansas Secretary of State 2009 Vol. 28, No. 29, July 16, 2009

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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