# Appendix 2.1

Summary of Legal Authority, Public Participation Pr ocess, and Public Comments and Responses on SIP Drafts

### Appendix 2.1 Summary of Legal Authority, Public Pa rticipation 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 Depar tment of Health and Environment conducted a public hearing in accordance with a not ice 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 o f Kansas State Implementation Plan (SIP) to address visibility impairment in federal C lass I areas. This SIP update will satisfy the requirements of Section 169 of the Clean Air Ac t (CAA).

Following is the summary of the comments, with resp onses to each describing the State’s response to the respective comment, including, wher e 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) m ade many specific comments on the KDHE Regional Haze State Implementa tion Plan (SIP) that was public noticed on July 17, 2008. KDHE has prepared specifi c responses to those comments that addressed the department’s legal authority to imple ment a Regional Haze SIP and

whether the contents of the SIP constituted an admi nistrative 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 b e addressed here due to the decision to remove this specific source from further BART an alysis. This decision does not indicate that the agency concurs with the technical comments offered by BPU that question the process used to conduct further analys is 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 contribut ion 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 NO

x

### and SO

x

### reductions from the Nearman facility is based on several factors. The Department will require NO

x

### 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 maintenan ce plan. The level of control will be similar to what would have been achieved through th e BART process. The NO

x

### 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 unce rtainty surrounding Regional Haze SIP

### approvals for states that are in the region that we re subject to the Clean Air Interstate

Rule (CAIR). Prior to its’ original vacatur and sub sequent remanding back to EPA for revisions, states with Class 1 areas were relying u pon reductions from CAIR to achieve reasonable progress. Missouri and Oklahoma fall int o these categories. The Department

will revisit the issue of SO

x

### 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 sim ilar photochemical models.

Comment 1 : Commenter suggests that this SIP revision constit utes a rule and regulation subject to the Kansas Statutes governing the promul gation of regulations and judicial review and civil enforcement of agency actions. Co mmenter asserts that as an entity regulated under the Kansas Air Quality Act and Fede ral 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 implement ation, maintenance and enforcement of standards for an air pollutant. This is generall y 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 stat e 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 proce edings.

Comment 2 : Commenter suggests that KDHE failed to comply wit h the administrative rules and regulations required by K.S.A. 77. et seq . Commenter argues that this SIP revision constitutes a rulemaking and therefore req uires KDHE to provide a sixty day public notice and comment period, and provide an ec onomic 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 determin ed 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 “contr ibuting state” during the reasonable progress consultation process, Kansas sources canno t be required to implement SO

x

### or NO

x

### BART controls.

Response 3 : Each of the facilities listed in Table 9.2 of theSIP revision submitted refined modeling results, based on CALPUFF modeling for individual source exemption provided in the modeling protocol (Appendix 9.2). K ansas City BPU – Quindaro and

### Kansas City BPU – Nearman (with corrections) were a ble 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 S tate to submit an implementation plan containing emission limitations representing BART f or each BART-eligible source that may reasonably be anticipated to cause or contribut e to visibility impairment in any mandatory Class I Federal area. § 51.308(e) require s these determinations of all States containing BART-eligible sources, which include Kan sas. 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 an alysis conducted by Missouri relied heavily upon the CENRAP 2018 modeling which include d the expected BART controls

within the State of Kansas as well as other surroun ding states. These sources and their respective anticipated controls were included in th e 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 a reas.

Comment 4 : Commenter does not support the use of CALPUFF or CAMx models for evaluating impacts of the Nearman station on the Her cules Glades Class I area.

Response 4 : KDHE is not addressing specific technical comment s that are no longer applicable in light of the decision to remove BPU N earman as a BART source. KDHE is accepting the corrected CALPUFF BART determination performed for Nearman while retaining the right to perform other types of model ing 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 whic h 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 th e PSD permitting process for new sources. Commenter suggests that these statements a re 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 futur e growth in emissions from new sources. This requirement is related to the goal se t 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 pr edictions of IPM and KDHE staff

### so as not to be perceived as legislating energy pol icy, the language regarding new source

review will not be changed as a result of this comme nt.

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

read that BART is not an emission limitation but in stead is a set of controls that represent the “Best Available Retrofit Technology” for that s ource.

Response 6 : KDHE interprets Section 169A(b)(2) of the Clean Ai r Act as requiring a SIP to contain an “emission limit”. The Regional H aze Rule specifies:

If the State determines in establishing BART that t echnological or economic limitations on the applicability of measurement met hodology to a particular source would make the imposition of an emission sta ndard infeasible, it may instead prescribe a design, equipment, work practic e, or other operational standard, or combination thereof, to require the ap plication of BART. Such standard, to the degree possible, is to set forth t he emission reduction to be achieved by implementation of such design, equipmen t, 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 r epresenting BART (if any), it must establish an emission limit representing BART and must ensure compliance with that requirement no later than 5 years after E PA approves the SIP. States may establish design, equipment, work practice or o ther operational standards when limitations on measurement technologies make e mission standards

infeasible. 2



### The CAA, Regional Haze Rule, and BART guidance dire ct the state to establish an emissions limit or standard representing BART and t his limit or standard must be

enforceable.

Comment 7 : Commenter argues that BPU Nearman should not be r equired 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 requireme nts to develop a SIP containing emission limits, schedules of compliance , and other measures necessary to make reasonable progress towards addressing the nat ional goal to only be applicable to states whose emissions are reasonably anticipated t o cause or contribute to impairment of visibility of a Class I area in another state. Comm enter 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 Ac t to address reasonable progress goals

or establish a long-term strategy with emission red uctions obligations.

Response 8 : The CAA §169A(b)(2) requires States, including Ka nsas, to submit SIPs containing such emission limits, schedules of compl iance, and other measures as may be necessary to make reasonable progress toward meetin g the goal of prevention of any future, and the remedying of any existing impairmen t 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 a nticipated to contribute to visibility impairment in any mandatory Class I Fede ral area located in another State or States, the State must consult with the ot her State(s) in order to develop coordinated emission management strategies. The Sta te must consult with any other State having emissions that are reasonably an ticipated to contribute to visibility impairment in any mandatory Class I Fede ral area within the State. 3



### Kansas has the clear obligation to both determine v isibility-impairing emissions from Kansas sources, and to participate in the consultat ion with Missouri. KDHE followed the guidelines set out by EPA in its determination of v isibility impairment, and is no more stringent than required by the Federal Rule.

The following excerpts from the Preamble to the ori ginal Regional Haze Rule outline the finding of EPA that all states are reasonably antic ipated to contribute to regional haze at Class I areas, and therefore must develop an implem entation plan containing emission limits, schedules of compliance, and other measures as may be necessary to make reasonable progress toward meeting the goal of prev ention 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 St ates 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 theCAA; (2) the weight of evidence demonstrating long range transport of fine particulate pollution that affects visibility in Class I areas; and (3) curren t 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 S tates to develop regional haze SIPs to ensure the prevention of any future impairm ent of visibility, and to conduct further analyses to determine whether addit ional emission reduction

3 40 C.F.R. § 51.308 (d)(3)(i).

### measures are needed to ensure reasonable progress i n remedying existing impairment in downwind Class I areas. 4



### No change was made to the SIP as a result of this c omment.

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 apporti onment 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 w aiting to see how to move forward with regional haze SIPs based on which action EPA decide s to make with regards to CAIR. This could mean changes in the underlying assumptio ns for determining source apportionment. KDHE cannot predict how these change s 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 D evelopment, 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 A ir Act and 40 C.F.R. Part 51, Appendix Y, Section V., emission limits mu st be enforceable as a practical matter, that is, contain explicit compliance verifi cation procedures and monitoring and recordkeeping requirements to ensure compliance wit h the limits. The Consent Agreements do not specify the compliance verificati on method for the agreed upon limits. Therefore it is unclear to the utility, th e 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 a nd recordkeeping requirements in 40 C.F.R. Parts 60 and 75 for all but one unit; but th e Consent Agreements do not specifically tie the limits to the compliance verif ication, reporting and recordkeeping requirements of the draft SIP. Instead, the Consent Agreements state that compliance verification procedures and recordkeeping requireme nts will be performed in accordance with 40 C.F.R. Part 51, Appendix Y, thereby delayin g decisions with respect to these issues and preventing the SIP from being self-contain ed.

4 “Regional Haze Regulations; Final Rule.” Federal Re gister. 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 pr ocedures and source of the information, i.e. recordkeeping and reporting requirements. Wit hout 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 complianc e verification methods, recordkeeping and reporting requirements into the Consent Agreeme nts, or incorporating the above referenced compliance verification methods, recordk eeping and reporting requirements by reference into the Consent Agreements; (2) inclu ding a demonstration showing that the SIP narrative language is enforceable; or (3) i ncorporating specific compliance verification methods, recordkeeping and reporting r equirements 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 Publ ic Utilities (BPU), or by regulation. The Department provides Consent Agreem ents 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 incorporat ed 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 b e 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 approv al, proposed changes to federally approved enforceable emission limits contained in t he SIP. Without specific emission limitations and compliance timelines for the BART/R egional 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 re quirements.

Depending on how Kansas chooses to respond to comme nts specifically linked to the Best Available Retrofit Technology section of the S IP, Region 7 may find these issues affect the approvability of the SIP revision when K ansas 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 reco rd 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 i n 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 extincti on at Wichita Mountains in Oklahoma, and whereas we agree with the inclusion of the disc ussion of this Oklahoma Class 1 area in this section, we also encourage discussion regar ding 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 modelin g work performed by CENRAP and their contractors for determining the im pact that sources within a state might have on Class I areas in the region. For Kans as, 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 hi ghest 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 whe re modeling indicated the linear uniform rate of progress for 2018 was unlikely to b e met. KDHE chose not to perform a detailed analysis and discussion on each additionalsurrounding Class I area as KDHE

believes that the emission reductions realized from Kansas BART sources and through the reasonable progress analysis will positively im pact not only the Wichita Mountains but the remaining Class I areas. It is also importa nt to note that CENRAP modeling indicates approximately a three percent or less ligh t 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 Moun tains, but did perform modeling and indicated the maximum impacted Class I area for eac h reasonable progress source analyzed as can be seen in Table 10.9.

Comment 13 : The D.C. Circuit recently issued a decision regar ding 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 curre ntly 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 state s 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 t o the Regional Haze SIP after the first public hearing, KDHE held a second comment peri od and public hearing. The State of Kansas provided a revised draft of the SIP and a p ublic 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 Sta tes Environmental Protection Agency (EPA) on August 27, 2009. A copy of this le tter 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 langua ge in the Agreements and page 50 of the SIP. In its current form, this language appear s to be inconsistent with EPA’s policy on the treatment of excess emissions (startup and s hutdown). EPA understands that in the preamble to the Best Available Retrofit Technolo gy (BART) rule, it offered guidance suggesting that states should exclude emissions att ributable to such periods in modeling to determine which sources should apply BART contro ls. The guidance does not, however, suggest that emissions limitations for sou rces subsequently determined to be subject to BART should be applicable only during st eady-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, “St ate Implementation Plans: Policy Regarding Excess Emissions during Malfunctions, Sta rtup and Shutdown”.

Response 1 : The Agreements between KDHE and the affected BART s ources currently exclude emissions associated with startup, shutdown s, and malfunctions (SSM) in the agreed upon emission limits. As part of the five-ye ar review, KDHE will analyze SSM

events and characterize the actual emission rates i ncluding and excluding these periods

for the affected BART sources. Should the actual e missions 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 robus t description of portions of the five statutory factor analysis for both Kansas City Power and Light – LaCygne (KCP&L) and Westar Energy – Gordon Evans En ergy Center (GEEC). Overall

the BART determinations for both sources are well re presented 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 determination s. However, a more detailed description of the State’s evaluation of visibility impacts fro m varying technically feasible control technologies (both SO 2 

### and NO

x

### technologies) at KCP&L and a description of the St ate’s evaluation of the cost analysis for Low NO

x

### 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 visibil ity impacts currently

evaluated for KCP&L and the cost analysis for GEEC. At this point KDHE believes the current descriptions provide a fair representation o f the analysis that has been completed.

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

Comment 3 : Although the State is not required to set reasonabl e progress goals, it is responsible for addressing its visibility impacts o n Class I areas located outside the State by developing and implementing a “Long Term Strateg y” (LTS). Kansas has completed a commendable analysis to determine which of its no n-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 headin g “Reasonable Progress” to the heading “Long Term Strategy” to be more consistent w ith these requirements.

Response 3 : KDHE relied upon guidance from EPA when drafting th e layout of the SIP and when preparing the agreements with Westar an d KCP&L. Based upon that guidance, KDHE included the analysis under the “Rea sonable 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 neces sarily by relying on in its LTS, such as the Tier 1 program. The chapter sh ould 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 o f programs originally

in Section 12.3 of the SIP. That section has now b een 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 append ices, 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 Agree ment or in a regulation for each source. The State has already entered into Agreeme nts 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 a nd 65-3015**  **through 65-3020 and K.S.A. 65-3008a, 65-3008b and 6 5-3024 through 65-3028, and**  **amendments thereto, shall be known and may be cited as the Kansas air quality act.**  **History** : **L. 1967, ch. 347, § 1; L. 1970, ch. 261, § 1; L. 1993, ch. 13, § 1; March 25.** 

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

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

**air contaminants. (c) "Air pollution" means the presence in t**  **he outdoor atmosphere of one or more air contaminants in such quantities and duration as is,**  **or tends significantly to be, injurious to human health or welfare, animal or plant life, or p**  **roperty, or would unreasonably interfere with the enjoyment of life or property, or would co**  **ntribute to the formation of regional haze. (d) "Alter" means any physical change in, o**  **r change in the method of operation of, an air contaminant emission stationary source which in**  **creases the amount of any regulated air pollutant emitted by such source or which results i**  **n the emission of any regulated air pollutant not previously emitted.**  **(e) "Emission" means a release into the out door atmosphere of air contaminants.**  **(f) "Deciview" means an atmospheric haze in dex that expresses changes in visibility** 
**conditions as defined in 40 C.F.R. 51.301 as in eff ect on July 1, 2005.**  **(g) "Facility" means any building, structur e, machine, equipment, device or installation**  **(or group of buildings, structures, machines, equip ment, devices or installations), whether**  **temporary or permanent, located on one or more cont iguous or adjacent properties and**  **under common control of the same person (or persons under common control). Such term**  **shall not include locomotives, diesel trucks or tru ck tractors unless otherwise required by the**  **federal clean air act, as amended in November 1990. (h) "Modify" or "modification," when used i**  **n conjunction with an approval or permit action, means an amendment to an existing approval**  **or permit initiated by the permittee. When used to describe a change in any air contamina**  **nt emission stationary source, "modify" shall have the same meaning as the term "alter."**  **(i) "Permittee" means the holder of an appr oval or the holder of a permit and includes**  **both the owner and the operator of any approved or permitted air contaminant emission** 

**source. (j) "Person" means any individual, partners**  **hip, firm, association, municipality, public or private corporation, subdivision or agency of the s**  **tate or federal government, trust, estate or any other legal entity.**  **(k) "Regional haze" means visibility impair ment, measured in deciviews, occurring over**  **a large geographic area caused by the cumulative em issions of gaseous and particulate air** 
**contaminants from numerous sources. (l) "Reopen" means to seek an amendment to**  **an existing approval or permit initiated by any person other than the permittee.**  **(m) "Secretary" means the secretary of heal th and environment.** **Kansas Air Quality Law 2** 



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

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

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

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

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

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

**thereof. (m) Collect and disseminate information and**  **conduct educational and training programs relating to air contamination and air pollution.**  **(n) Advise, consult and cooperate with othe r agencies of the state, local governments,**  **industries, other states, interstate or interlocal agencies, and the federal government, and**  **with interested persons or groups. (o) Accept, receive and administer grants o**  **r other funds or gifts from public and private entities, including the federal government, for the**  **purpose of carrying out any of the functions Kansas Air Quality Law**  **3**



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

**1.**

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

65-3007. Air contaminant sources; classification; monitoring ; reporting. **(a) The secretary, by rule and regulation, shall classify a**  **ir contaminant sources which, in the secretary's judgment, may cause or contribute to ai**  **r pollution, according to levels and types**
**of emissions and other characteristics which relate to air pollution and may require reporting**  **for any such class or classes. The classifications promulgated by the secretary shall be**  **made to apply to the state as a whole or to any des ignated area of the state, and shall be**  **made with special reference to effects on health, e conomic and social factors, and physical**  **effects on property. (b) The secretary shall require air contami**  **nant emission sources to monitor emissions, operating parameters, ambient impact of any source**  **emissions or any other parameters deemed necessary by the secretary. The secretary ma**  **y require air contaminant emission sources to keep records and make reports consistent**  **with the purposes of this act. (c) Any person operating or responsible for**  **the operation of air contaminant sources of any class for which the rules and regulations of th**  **e secretary require reporting shall make reports containing information as may be required b**  **y the secretary concerning location, size and height of contaminant outlets, processes employ**  **ed, fuels used and the nature and time periods or duration of emissions, and such other in**  **formation as is relevant to air pollution and available or reasonably capable of being assemb**  **led. History** : **L. 1967, ch. 347, § 7; L. 1970, ch. 261, § 7; L. 1974, ch. 352, § 139; L. 197**  **5, ch. 312, § 11; L. 1993, ch. 13, § 4;**

**March 25. Kansas Air Quality Law**  **4**



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

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

65-3008a. Same; public comment and hearing; review. **(a) No permit shall be issued, modified, renewed or reopened without first providi**  **ng the public an opportunity to comment and request a public hearing on the proposed permit**  **action. The request for a public hearing on the issuance of a permit shall set forth the bas**  **is for the request and a public hearing shall be held if, in the judgment of the secretary, there**  **is sufficient reason. (b) The secretary shall affirm, modify or r**  **everse the decision on such permit after the public comment period or public hearing. Any person**  **who participated in the public comment process or the public hearing who otherwise would h**  **ave standing under K.S.A. 77-611, and amendments thereto, shall have standing to obtain j**  **udicial review of the secretary's final action on the permit pursuant to the act for judici**  **al review and civil enforcement of agency actions in the court of appeals. Any such person ot**  **her than the applicant for or holder of the Kansas Air Quality Law**  **5**



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

65-3008b. Same; suspension, revocation, denial, modification, issuance. **(a) The secretary may suspend or revoke an approval or a pe**  **rmit if the permittee has violated any provision of the approval or the permit, any provis**  **ion of this act or any rule and regulation adopted under this act and applicable to the permit**  **ted source. (b) As applicable to the source for which t**  **he approval or permit is sought, the secretary may deny an approval or permit, or a renewal thereo**  **f, if the applicant fails to: (1) Submit a complete application; or (2) submit an application**  **fee. (c) The secretary may deny a permit for any**  **proposed new stationary source if the owner or operator of such a source fails to demonst**  **rate to the satisfaction of the secretary that any other stationary source owned or operated**  **by such person, or by any entity controlling, controlled by or under common control**  **with such person, in this state is in compliance, or meeting a schedule for compliance, w**  **ith all applicable emission limitations**
**and standards under this act and the federal clean air act, and amendments thereto.**  **(d) The secretary may modify or reopen an a pproval or a permit for cause. The**  **secretary shall reopen a permit whenever requiremen ts under this act become applicable to**  **a permitted source and three or more years remain o n the original term of the permit. Any**  **permit revision incorporating a requirement adopted by the secretary shall be effective as**  **soon as practicable, but not later than 18 months a fter the promulgation of the requirement**  **by the United States environmental protection agenc y.**  **(e) Within 15 days after the issuance of a notice of intent to take any action authorized**  **by subsection (a), (b), (c) or (d), or within 15 da ys after the secretary's written decision to**  **affirm, modify or reverse a permit decision pursuan t to subsection (b) of K.S.A. 65-3008a, the**  **permittee may file a request for a hearing with the secretary. Each such notice of intent shall**  **specify the provision of this act or rule and regul ation allegedly violated, the facts constituting**  **the alleged violation and the secretary's intended action. Each notice of intent or written**  **decision to affirm, modify or reverse a permit deci sion shall state the permittee's right to**  **request a hearing. Such hearing shall be conducted in accordance with the Kansas**  **administrative procedure act. (f) The filing of a request by the permitte**  **e for an approval or permit modification, revocation or amendment, or the filing by the permi**  **ttee of a notification of planned changes or anticipated noncompliance, does not stay any app**  **roval or permit condition. (g) No permit shall be issued, modified, am**  **ended, revised or renewed unless the United States environmental protection agency has certifie**  **d that such permit complies with the requirements of the federal clean air act, except t**  **hat a permit may be issued if the United States environmental protection agency has not noti**  **fied the secretary of the United States environmental protection agency's decision within 4**  **5 days after receipt of the proposed permit by such agency.** **Kansas Air Quality Law 6** 



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

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

65-3010. Emission control requirements. **(a) The secretary shall establish emission control requirements, and requirements for open bur**  **ning (including appropriate prohibition thereof). Such requirements may be either for such**  **areas as a whole or may vary from area to area, as may be appropriate to facilitate accomp**  **lishment of the purposes of this act and in order to take necessary or desirable account of var**  **ying local conditions. Any emission which does not conform to a requirement in force pursuant**  **to this subsection shall constitute a**
**violation of this act. (b) Every local air quality conservation pr**  **ogram that is established pursuant to K.S.A. 65-3016, as amended, shall be in compliance with th**  **e rules and regulations set forth for that area by the secretary.**  **(c) Variations from the requirements of sub section (b) of this section may be included in**  **a local air quality conservation program only after approval by the secretary, following**  **demonstration to the satisfaction of the secretary that the proposed requirements are not**  **less stringent than the standards and requirements established by the secretary and are**  **otherwise consistent with the purposes of this act. Any requirement placed in force pursuant**  **to this subsection shall be preceded by public hear ing. The secretary, upon evidence that**  **conditions have changed or that additional or other information is relevant to a decision with**  **respect to the emission control or open burning req uirements concerned may, after public**  **hearing, withdraw any approval previously given to a local requirement pursuant to this** 

**subsection. (d) The secretary shall establish reasonabl**  **e ambient air quality standards for the state as a whole, or any part thereof, and shall require**  **the emission control requirements of any local program to be consistent with such standards**  **in addition to meeting any other Kansas Air Quality Law**  **7**



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

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

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

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

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

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

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

65-3013. Variances; hearing. **(a) Any person who owns or is in control of any pl ant,**  **building, structure, process or equipment may apply to the secretary for a variance from rules**  **and regulations governing the quality, nature, dura tion or extent of emissions. The** **Kansas Air Quality Law 8** 



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

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

**exhausted administrative remedies in order to be en titled to review. The court of appeals**  **shall have original jurisdiction to review any such final agency action. The record before the**  **court of appeals shall be confined to the agency re cord for judicial review and consist of the**  **documentation submitted to or developed by the secr etary in making the final variance or**  **renewal decision, including the variance or renewal application and any addenda or**  **amendments thereto, the variance or renewal summary , the draft variance or renewal, all** **Kansas Air Quality Law 9** 



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

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

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

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

65-3016. Local air quality conservation programs. **Any city, county, city and county, or any combination of two (2) or more cities, counties**  **or cities and counties are authorized to conduct tests and surveys to determine the degree o**  **f purity of the air within its jurisdiction, and may request consultation, technical assistance**  **and cooperation from the secretary in conducting such tests and surveys. If such tests an**  **d surveys indicate that unsatisfactory air quality exists, is likely to exist or is likely to**  **occur, the governing body of said city or county shall have the authority, upon approval of the secr**  **etary, to establish a local air quality conservation authority:**  Provided, **That no local air quality conservation authority s hall be so**  **approved, except after a public hearing as provided in this act. Any local air quality**  **conservation authority which was in existence prior to May 1, 1967, may apply to the**  **secretary for approval as a local air quality conse rvation authority hereunder. In approving or**  **disapproving the formation of a local air quality c onservation authority, the secretary shall**  **determine: (1) The need for a local air quality con servation authority in the jurisdiction**  **proposed; (2) the likely ability of the local air q uality conservation authority, as proposed, to**  **maintain satisfactory air quality in its jurisdicti on; and (3) whether or not the jurisdiction of the**  **proposed local air quality conservation authority c ompletely contains the affected area.**  **Local air quality control authorities shall h ave authority to enforce the rules, regulations**  **and standards adopted by the secretary and to estab lish such additional rules, regulations**  **and standards as necessary to maintain satisfactory air quality within their jurisdiction:** **Kansas Air Quality Law 10** 



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

65-3017. Motor vehicle pollution. **(a) As the state of knowledge and technology relat ing to**  **the control of emissions from motor vehicles may pe rmit or make appropriate, and in**  **furtherance of the purposes of this act, the secret ary may provide by rules and regulations** 
**for the control of emissions from motor vehicles. S uch rules and regulations may prescribe**  **requirements for the installation and use of equipm ent designed to reduce or eliminate**  **emissions and for the proper maintenance of such eq uipment and of vehicles. Any rules or**  **regulations pursuant to this section shall be consi stent with provisions of federal law or**  **regulations, if any, relating to control of emissio ns from the vehicles concerned. The**  **secretary shall not require, as a condition precede nt to the initial sale of a vehicle or**  **vehicular equipment, the inspection, certification or other approval of any feature or**  **equipment designed for the control of emissions fro m motor vehicles, if such feature or**  **equipment has been certified, approved or otherwise authorized pursuant to federal law.**  **(b) As used in this section "motor vehicle" shall have the same meaning as in K.S.A. 8-**  **1437. History** : **L. 1967, ch. 347, § 17; L. 1970, ch. 261, § 17; L. 1974, ch. 352, § 149; L.**  **1975, ch. 33, § 8; L. 1976, ch. 52, § 4; July 1.**

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

**actual and substantial economic deterrent to the vi olation for which it is assessed. In the**  **case of a continuing violation, every day such viol ation continues shall be deemed a**  **separate violation. (b) No penalty shall be imposed pursuant to**  **this section except after notice of violation and opportunity for hearing upon the written order**  **of the secretary or the director of the division of environment issued to the person who co**  **mmitted the violation. The order shall state the violation, the penalty to be imposed and**  **the right to request a hearing thereon. The request for hearing shall be in writing, directed t**  **o the secretary and filed with the secretary within 15 days after service of the order. Hearings**  **under this section shall be conducted in accordance with the Kansas administrative procedure**  **act. (c) Nothing in this act shall be construed**  **to abridge, limit or otherwise impair the right of any person to damages or other relief on account of**  **injury to persons or property and to maintain any action or other appropriate proceeding**  **therefor. History** : **L. 1967, ch. 347, § 18; L. 1970, ch. 261, § 18; L. 1974, ch. 352, § 150**  **; L. 1993, ch. 13, § 14; March 25. Kansas Air Quality Law**  **11**



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

65-3020. Severability. **If any clause, paragraph, subsection or section of this act shall be**  **held invalid or unconstitutional, it shall be concl usively presumed that the legislature would** 
**have enacted the remainder of this act without such clause, paragraph, subsection or**  **section. History** : **L. 1967, ch. 347, § 20; May 2.**

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

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

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

created. **The secretary shall remit all moneys received from fees under K.S.A. 65-3022, and**  **amendments thereto, to the state treasurer in accor dance with the provisions of K.S.A. 75-**  **4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer**  **shall deposit the entire amount in the state treasu ry to the credit of the power generating**  **facility fee fund, which fund is hereby created. Al l expenditures from such fund shall be made**  **in accordance with appropriation acts upon warrants of the director of accounts and reports**  **issued pursuant to vouchers approved by the secreta ry. History**  : **L. 1978, ch. 352, § 3; L. 1983, ch. 286, § 4; L. 2001, ch. 5, § 242; July 1.** 

65-3024. Emissions fees. **(a) The secretary may fix, charge and collect annu al emissions**  **fees in amounts necessary to pay the direct and ind irect costs of administering the provisions**  **of the Kansas air quality act. The secretary shall adopt rules and regulations fixing such fees**  **and shall periodically increase or decrease such fe es consistent with the need to cover the** **Kansas Air Quality Law 12** 



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

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

65-3025. Unlawful acts. **It shall be unlawful for any person to do any of t he following:**  **(a) Violate any provision of an order issue d under this act.**  **(b) Violate any provision of an approval or permit issued under this act.**  **(c) Violate any provision of this act or an y rule and regulation promulgated under this**  **act, unless the secretary makes a determination rel ating to the permittee that the specified**  **provisions referred to in such determination are no t applicable to the source and the permit**  **includes that determination or a concise summary th ereof. Compliance with the provisions of**  **a permit shall be deemed compliance with applicable provisions of this act or any rule and**  **regulation promulgated under this act if the permit includes the applicable requirements of**  **such provisions. Nothing in this subsection (c) or in any permit shall alter or affect: (1) The**  **provisions of section 303 of the federal clean air act (emergency orders), including the**  **authority of the administrator of the United States environmental protection agency under**  **that section; (2) the provisions of K.S.A. 65-3012 and amendments thereto; (3) the liability of**  **an owner or operator of a source for any violation of applicable requirements prior to or at the**  **time of permit issuance; (4) the applicable require ments of the acid rain program consistent**  **with section 408a of the federal clean air act; (5) the ability of the United States**  **environmental protection agency to obtain informati on from a source pursuant to section 114**  **of the federal clean air act; or (6) the ability of the secretary to obtain information from a**  **source pursuant to this act. (d) Construct, modify, alter, use or operat**  **e an air contaminant emission stationary source without an approval or permit allowing such**  **construction, modification, alteration, use or operation.**  **(e) At any time, refuse or hinder entry, in spection, sampling or examination or copying**  **of records related to the purposes of this act by a n agent or employee of the secretary after**  **such agent or employee identifies and gives notice of the agent's or employee's purpose.** **Kansas Air Quality Law 13** 



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

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

**March 25.**

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

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

**with this act. (7) Procedures for consideration of request**  **s from a small business stationary source for modification of: (A) Any work practice or technolog**  **ical method of compliance; or (B) the schedule of milestones for implementing such work p**  **ractice or method of compliance preceding any applicable compliance date, based on**  **the technological and financial capability of any such small business stationary so**  **urce. No such modification may be Kansas Air Quality Law**  **14**



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

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

**environment. (h) Members of the compliance advisory pane**  **l serving on the effective date of this act by appointment by the governor, the speaker of the**  **house of representatives or the president Kansas Air Quality Law**  **15**



### of the senate shall serve for terms ending June 30, **1998; members serving on the effective date of this act by appointment by the minority lea**  **der of the house of representatives, the minority leader of the senate or the secretary of h**  **ealth and environment shall serve for terms ending June 30, 1997. Upon expiration of such terms**  **, the term of each member appointed to a vacancy created by expiration of a term shall be**  **two years commencing on July 1 immediately following expiration of the term of the**  **member's predecessor. Any vacancy occurring on the panel shall be filled for the unex**  **pired term by appointment by the original appointing authority.**  **(i) A chairperson shall be elected annually by the members of the compliance advisory**  **panel. A vice-chairperson shall be designated by th e chairperson to serve in the absence of**  **the chairperson. (j) The secretary may reduce any fee requir**  **ed by this act for any classification of small**
**business sources to take into account the financial resources of such classification. History**  : **L. 1993, ch. 13, § 15; L. 1997, ch. 18, § 1; Apr. 3**

**.**

65-3028. Rules and regulations continued in effect. **All rules and regulations promulgated pursuant to K.S.A. 65-3001**  et seq **., and amendments thereto, in existence on**
**the effective date of this act shall continue to be effective until revised, amended, repealed or**  **nullified pursuant to law. History** : **L. 1993, ch. 13, § 16; March 25.**

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

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

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

**is from that website:**

NOTICE **The text of the Kansas Statutes is provided with th e permission of the** 
**Revisor of Statutes of the State of Kansas. The Information Network** 
**of Kansas has made every effort to create an accurate electro**  **nic representation of the Kansas Statutes. In some case**  **s there may be minor discrepancies with the printed document. In t**  **hose cases neither**
**INK nor the State of Kansas shall be liable for the effect of those**  **discrepancies.**SENATE Substitute for HOUSE BILL No. 2369

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

Be it enacted by the Legislature of the State of Kansas: New Section 1. Sections 1 through 7, and amendments thereto, shall be known and may be cited as the renewable energy standards act. New Sec. 2. As used in the renewable energy standards act: (a) ‘‘Affected utility’’ means any electric public utility, as defined inK.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 certifiedas 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 itsactual 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 applyto 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 affectedSENATE 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, andamendments 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 regulationsfor 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 automaticallySENATE 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 netmetered 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 identicalin electrical energy rates, rate structure and monthly charges to the contract or tariff that the customer would be assigned if the customer werenot 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 netSENATE 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, theapplication 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 ora 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, theenergy 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 meetthe levels established under the ASHRAE standard or the IECC, as appropriate, if such levels of energy consumption are life-cycle cost-effectivefor 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 intoa 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 suchcustomer’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 customerof 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 ordevice 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 suchcompensation to the customer at least annually or when the total compensation due equals $25 or more. (3) A customer-generator of any investor owned utility shall have theoption of entering into a contract pursuant to this subsection (b) or utilizing the net metering and easy connection act. The customer-generator shall exercise the option in writing, filed with the utility.(c) The following terms and conditions shall apply to contracts entered into under subsection (a) or (b): (1) The utility will supply, own, and maintain all necessary metersSENATE 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 certaintimes 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 reasonabletimes 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 incurredby the utility and billed to the customer to accommodate the interconnection. The customer may be required to reimburse the utility for anyequipment 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 generatorsto 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 withthe 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 sectionmay contract or enter into a finance, pledge, loan or lease-purchase agreement with the Kansas development finance authority as a means of financing the cost of such renewable generation.(g) For the purpose of meeting the governor’s stated goal of producing 10% of the state’s electricity by wind power by 2010 and 20% by 2020, requirements of section 3, and amendments thereto, the parallel generation of electricity provided for in this section shall be included as part of
the state’s renewable energy generation by wind power

. (h) The provisions of the net metering and easy connection act shallnot preclude the state corporation commission from approving net metering tariffs upon request of an electric utility for other methods of 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 connectiontherewith, compel the attendance of witnesses and the production of evidence. (c) (3) Issue such orders, permits and approvals as may be necessaryto 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 airpollution 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 innovativetechnologies, 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 inthe 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 emissionstrading 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 necessaryto 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 stateand 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 airact. If the secretary determines that more stringent, restrictive or expansive rules and regulations are necessary, the secretary may implement the rules and regulations only after approval by an act of the 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 theapplicant 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 permitdecision, 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 anypublic 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 proceduresset 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 orpreliminary 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 subjectto 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 mayelect 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 postagerequired 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 shallSENATE 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, eitherbefore or after a rate change, of the customer’s right to request the commission to review the rate change, as allowed in subsection (g).(k) Notwithstanding any provision of law to the contrary, a cooperative, as defined in subsection (a), shall be subject to the provisions of the renewable energy standards act.

New Sec. 27. Within 18 months after the effective date of 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 purchasedduring 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 environmentalpolicy 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 asfollows: 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 anyother 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 andmortgaging 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 interesttherein; 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 toborrow 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 thepledge of revenues derived from the operation of such electric transmission facilities; or (B) making loans to finance the construction, upgradingor repair of transmission facilities not owned by the Kansas electric transmission authority or the acquisition of right-of-way for such facilities, orboth, 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 pledgeof 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 arenot 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 onthe 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 mechanismsdeveloped 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 costsfrom the utility’s customers in a manner approved by the utility’s governing body; (15) participating in and coordinating with the planning activities ofthe 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, electriccooperative 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 accomplishmentof 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 thepublic 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, ifprivate 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 servicesare 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 ofintention 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 servicesoriginally 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, theauthority 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 toSENATE 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 southwestpower 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 dateof this act, shall purchase Kansas coal for at least 5% of its coal requirements. For the purposes of this section, ‘‘Kansas coal’’ shall have themeaning 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 airenergy 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 toSENATE 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 therequirements 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 tothe 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 authorizedrepresentative 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 hearingon 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 subjectto 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 necessarilyresulting therefrom, except damages to growing crops, livestock or improvements on the land. Upon completion of activities on such land, suchrepresentative 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 accordanceSENATE 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 thefund. 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 warrantsof 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 gasand 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 ofliquid 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, recordingand 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 administrationauthorized 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 concerningSENATE 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 fromany 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 onbonds 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 oilor 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 andregulations 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 ofK.S.A. 19-5001 through 19-5005, and amendments thereto, shall be subject to the limitations and prohibitions imposed under K.S.A. 19-5001 through 19-5005, and amendments thereto. (38) Except as otherwise specifically authorized by K.S.A. 19-5001 through 19-5005, and amendments thereto, counties may not exercise any authority granted pursuant to K.S.A. 19-5001 through 19-5005, and amendments thereto, including the imposition or levy of any retailers’
sales tax. (b) Counties shall apply the powers of local legislation granted in subsection (a) by resolution of the board of county 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 notuniformly 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 ofsignificant 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 B ILL originated in the

H OUSE , and passed that body

H OUSE concurred in

S ENATE amendments

Speaker of the House.

Chief Clerk of the House.

Passed the S ENATE as amended

President of the Senate.

Secretary of the Senate.

A PPROVED

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 In this issue 1074 

## 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.orgq Kansas Secretary of State 2008 

### Vol. 27, No. 29, July 17, 2008 Notices/Interim Agenda 1075 

## Kansas Register

State of Kansas 

### Commission on Veterans’ Affairs

Notice of Meeting

The Kansas Commission on Veterans’ Affairs will meetat 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. 9-1801et 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 sealedbid 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. 036001q Kansas Secretary of State 2008 

### Vol. 27, No. 29, July 17, 2008 Notices 1076 

## 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 mustbe 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 bythe Secretary of Transportation, will conduct the discussions with the firms invited to the individual interview conferences. The committee will select the firm to performthe professional services required for completing the advertised project. After the selection of this firm, the remaining firms will be notified by letter of the outcome.

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 thearea (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 mustbe 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 bythe Secretary of Transportation, will conduct the discussions with the firms invited to the individual interview conferences. The committee will select the firm to performthe professional services required for completing the advertised project. After the selection of this firm, the remaining firms will be notified by letter of the outcome.

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-DouglasCounty Metropolitan Planning Organization, and the cities of Gardner, Edgerton and Baldwin City, is requestingq Kansas Secretary of State 2008 

### Vol. 27, No. 29, July 17, 2008 Notice/Corporations Forfeited 1077 

## Kansas Register

proposals from qualified engineering and planning firmsfor 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 otherentities 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 futuredevelopment anticipated along this corridor and the access to the highway and other nearby roads can be managed to accommodate this development and protect theoperational 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 underthe 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. 035991q Kansas Secretary of State 2008 

### Vol. 27, No. 29, July 17, 2008 Executive Appointments 1078 

## Kansas Register

State of Kansas 

### Secretary of State

Executive Appointments
Executive appointments made by the Governor, and insome cases by other state officials, are filed with the Secretary of State’s office. A complete listing of Kansas state agencies, boards and commissions, and county officials are included in the Kansas Directory, which is available on the Secretary of State’s Web site at www.kssos.org. The following appointments were recently filed with the Secretary of State:

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., OverlandPark, 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. KansasAve., 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.q Kansas Secretary of State 2008 

### Vol. 27, No. 29, July 17, 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 CountyNominated as part of the ‘‘Historic AgricultureRelated Resources of Kansas’’ MPS

● Teske Farmstead — 20795 Major Jenkins Road, Onaga vicinity, Pottowatomie CountyNominated as part of the ‘‘Historic AgricultureRelated Resources of Kansas’’ MPS

● Elliason Barn — 147 Highway 4, Gypsum vicinity, Dickinson CountyNominated as part of the ‘‘Historic AgricultureRelated Resources of Kansas’’ MPS

● Thornburg Farm — County Road A .5 mile west of D Road, Utica vicinity, Ness CountyNominated 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 CountyNominated 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 CountyNominated 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 tothe meeting to discuss how the board can ensure participation.

Jennie Chinn

Executive Director

Doc. No. 035990q Kansas Secretary of State 2008 

### Vol. 27, No. 29, July 17, 2008 Hearings 1080 

## 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 Room530, 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 revisioncontains the requirements for best available retrofit technology (BART) and outlines the reasonable progressgoals 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 proposedplan 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 andmay 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,q Kansas Secretary of State 2008 

### Vol. 27, No. 29, July 17, 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 contaminatedproperties 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 theKansas 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 inan 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 VCPRPis 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 KDHEand 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 tovoluntary 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 completedpursuant 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 propertieshave 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 proposalstage, 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 theVCPRP 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 thecumulative 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 Program Report 1082 

## 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 de termined to exist on the eligible property, and theeligible 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, th ere is no known or suspected soil contamination emanating off the elig ible property and there is no known or suspected gr ound water contamination.

Class III - means suspected or confirmed soil or ground wate r contamination, or both, is determined to exist on the eligible property, and there is no known or suspected soil or ground w ater contamination that has migrated off the eligib le property.

Class IV - means suspected or confirmed soil or ground wate r contamination, or both, and the contamination exi sts 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* 199 8* 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.q Kansas Secretary of State 2008 

### Vol. 27, No. 29, July 17, 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

Agri-Bus Industry

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 Pa rticipationq Kansas Secretary of State 2008 

### Vol. 27, No. 29, July 17, 2008 Program Report 1084 

## 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 UseControls (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, WestarEnergy, Kansas Agribusiness Retailers Association, Department of the Army, Kansas Natural Resource Council, Kansas Farm Bureau, Kansas Livestock Association, Cityof 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 LegislativeJoint 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 theAttorney 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 tobe used in conjunction with environmental cleanup to restrict or prohibit human activities and property use insuch 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 withcontaminated 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 SummaryThis 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, programstaff routinely provided support to other KDHE programs to foster understanding of the EUC program and encourage integration of EUCs, where applicable, in thecorrective 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 April2007. 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 wereupdated and posted on the KDHE web site, plus a newsletter article and a program brochure were developed anddistributed 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 KDHEfrom 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 /completionprocess before drafting an EUCA. KDHE anticipates formal recording of many of the 2007 EUCAs in the nearfuture. 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. 035996q Kansas Secretary of State 2008 

### Vol. 27, No. 29, July 17, 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 authorityvested with the state by the administrator of the U.S. Environmental Protection Agency, various draft water pollution control documents (permits, notices to revoke and reissue, notices to terminate) have been prepared and /or permit applications have been received for discharges to waters of the United States and the state of Kansas for the class of discharges described below. The proposed actions concerning the draft documentsare based on staff review, applying the appropriate standards, regulations and effluent limitations of the state of Kansas and the Environmental Protection Agency. Thefinal 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 thedesignated 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. KS0094366This is an expansion for an existing dairy facility. The permittee is proposing to construct an area of open lots with runoff controls to thewest 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 atotal 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: NE 1 ⁄ 4 , S3, T21S, R13E, Lyon County Facility Name: Hartford/ Nelson Quarry Facility Description: The proposed action is to reissue an existing permitfor 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 requiringthe 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 Notice 1086 

## 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: NE 1 ⁄ 4 , S23, T19S, R25E, Linn County Facility Description: The proposed action is to modify an existing permitfor the discharge of wastewater during quarry operation. The modification consists of eliminating Section 34, Township 19S, Range25E, 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: NW 1 ⁄ 4 , S15, T3S, R22E, Doniphan County Facility Name: Wathena Quarry Facility Description: The proposed action is to reissue an existing permitfor 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. Thisfacility 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: NW 1 ⁄ 4 , S30, T30S, R24E, Crawford County Facility Name: Pittsburg QuarryFacility 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 QuarryFacility 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 compliancerequiring 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) industrialstormwater 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 readyforces 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 coolingtower 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 anaerated 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 performa 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 E 1 ⁄ 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 aq Kansas Secretary of State 2008 

### Vol. 27, No. 29, July 17, 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. Plantprocess 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. KSP000021Facility 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 commentsin writing to the Kansas Department of Health and Environment if they wish to have the comments considered in the decision-making process. Comments should be
submitted to the attention of the Livestock Waste Management Section for agricultural-related draft documents or applications, or to the Technical Services Section for 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 determinationsregarding 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 thepublic notice period, the Secretary of Health and Environment will issue a determination regarding final agency action on each draft document / application. If response to any draft document /application indicates significant public interest, a public hearing may be held in conformance with K.A.R. 28-16-61 (28-46-21 for UIC).
All draft documents / applications and the supporting information including any comments received are on fileand may be inspected at the offices of the Kansas Department of Health and Environment, Bureau of Water.These documents are available upon request at the copying cost assessed by KDHE. Application information and components of plans and specifications for all new and expanding swine facilities are available on the Internet at http: // www.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 theabove-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 toapproval of a bond purchase agreement between the issuer and the purchaser of the bonds and the passage ofan 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 Manhattancampus 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 ameeting (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. 035993q Kansas Secretary of State 2008 

### Vol. 27, No. 29, July 17, 2008 Meeting/Bond Sale 1088 

## Kansas Register

State of Kansas 

### State Conservation Commission

Notice of Meeting

The State Conservation Commission will conduct ajoint 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, until4 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).
DeliveryThe 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 IndebtednessThe 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 thecomputation 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 beobtained 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. 036007q Kansas Secretary of State 2008 

### Vol. 27, No. 29, July 17, 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 andOperations 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 theDepartment 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 OfficeBuilding, 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 receivingwritten 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 opportunityto 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 andmay 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 onNinth 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, thathad 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 coursewas 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. 036008q Kansas Secretary of State 2008 

### Vol. 27, No. 29, July 17, 2008 Notices/Regulations 1090 

## 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 constitutea 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, Room560, Landon State Office Building, 900 S.W. Jackson, Topeka, 66612-1231, pharmacy@pharmacy.ks.gov. All interested parties will be given a reasonable opportunity topresent 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 andmay 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 Boardat 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 registrationand 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 immediatefamily member has an interest in the property or transaction. (b) For purposes of subsection (a), ‘‘interest’’ shall havethe meaning specified in K.S.A. 58-3035, and amendments thereto. (c) For purposes of subsection (a), ‘‘exchange’’ shallhave 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.)q Kansas Secretary of State 2008 

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86-3-30. Advertising. For purposes of determining whether the supervising broker’s business name or tradename is prominently and conspicuously displayed or announced in a readable and identifiable manner regardlessof 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 allhousing 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 theKansas 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 citylimits. (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 attorneyentering 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 

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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 ofchapter 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 roomor 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 shalladvise 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 numbersof 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 thecourt. 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 8 1 ⁄ 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 thecourt, 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 ofq Kansas Secretary of State 2008 

### Vol. 27, No. 29, July 17, 2008 Regulations 1093 

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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 beforethe 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 141relating 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 10business 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 indetail, 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 10business 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 courtand 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 fromanother 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 andtestify 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 byan attorney regularly admitted to practice before the supreme court of the state of Kansas. As provided in thissubsection, 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 Regulations 1094 

## 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 beforethe 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 anyevidence 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 ofhearings, one of the court’s staff attorneys may be assigned by the presiding officer to assist procedurally anyindividual 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 tothe 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 televisiondevices during any hearing before the court shall be authorized, pursuant to K.S.A. 75-4318, and amendmentsthereto. To insure orderly hearings before the court, cameras, photographic lights, and recording devices shall be permitted during the sworn testimony of witnesses onlyif 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 thecourt 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’sattorney 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 partyshall 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 asspecified 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 atthe 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 wasexchanged 20 calendar days before the scheduled hearing.q Kansas Secretary of State 2008 

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(c) Each attorney who is representing a party at anyproceeding 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 orextended by the court or presiding officer upon a showing of good cause. (Authorized by and implementingK.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 atthe 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 implementingK.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 beforethe 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 providingfor 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 facsimiletransmission 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 Regulations 1096 

## 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 transmissionrecord, 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 copyof 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. shallbe 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 receiptshall 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 mailshall 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 documentmay 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 bein 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 residentialproperties 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 ................................................. ... $10.00q Kansas Secretary of State 2008 

### Vol. 27, No. 29, July 17, 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, orthe 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 residentialproperties 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 thesecretary’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’’ shallmean 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 notreceived 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 thatstates 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 Regulations 1098 

## Kansas Register

(b) ‘‘Bonds’’ means economic development revenuebonds 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 periodshall 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 asoriginally 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 theinformational statement, that all information and documents required to be filed are complete and, based uponthe 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 typeupon 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 ordermade 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 shallbe 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) Eachjudge 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. 2007Supp. 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. 035983q Kansas Secretary of State 2008 

### Vol. 27, No. 29, July 17, 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 theprocedures to be performed shall be agreed to and specified in a written agreement between the supervisorycommittee 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 unionpresent 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 thecode 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 establishedcredit 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 annualaudit 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, anagreed-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 thenew, amended and revoked administrative regulations and the volume and page
number of the Kansas Register issue in which more information can be found. Temporary regulations are designatedwith a (T) in the Action column. This cumulative index supplements the 2006 Volumes and the 2007 Supplement of the Kansas 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

### 1101

Index to Regulations 

## Kansas Register

q Kansas Secretary of State 2008 

### Vol. 27, No. 29, July 17, 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

### 1103

Index to Regulations 

## Kansas Register

q Kansas Secretary of State 2008 

### Vol. 27, No. 29, July 17, 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

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### 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 ne w 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

................................................... ................................................. 1116q Kansas Secretary of State 2009 

### Vol. 28, No. 29, July 16, 2009 Interim Agenda 1088 

## Kansas Register

State of Kansas 

### Legislature

Interim Committee Schedule The following committee meetings have been scheduled durin g the period of July 28-29. Requests for accommodation to participate in committee meetings should be made a t least two working days in advance of the meeting by contacting Legislative Administrative Services at (785) 2 96-2391 or TTY (785) 296-8430. When available, agendas can be found at http: //

kslegislature.org

/ klrd. Interim committee memberships can be found on the Legi slative 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.orgq Kansas Secretary of State 2009 

### Vol. 28, No. 29, July 16, 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 willbegin 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 theBlind and Visually Impaired located at 2601 S.W. East Circle Drive North (1st and MacVicar, Kanza Business andTechnology 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 requestscomments 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 aNew 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 ofthese projects or to make comments on the STIP amendment, contact the Kansas Department of Transportation, Bureau of Program and Project Management, 2nd FloorTower, Eisenhower State Office Building, 700 S.W. Harrison, Topeka, 66603-3754, (785) 296-3526, fax (785) 368-

6664.
This information is available in alternative accessible formats. To obtain an alternative format, contact the KDOT Bureau of Transportation Information, (785) 296- 3585 (Voice

/ TTY). The comment period regarding the STIP amendment will conclude 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 funde d 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 requestscomments 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 agreementsand 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, Bureauof 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. 037281q Kansas Secretary of State 2009 

### Vol. 28, No. 29, July 16, 2009 Meetings/Notices 1090 

## 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 ConservationDistricts Monday, August 3, at the Bank of America Community Building, 118 N. Main., Lindsborg. The regularbusiness 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 underthe 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. 037282q Kansas Secretary of State 2009 

### Vol. 28, No. 29, July 16, 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 noticeto 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 ofthe 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 designatedfor 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 lo

cated 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 locatedin 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 lossfrom 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 floodingmay 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, orlessen, 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, whichdo 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 an dmay 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 thesefacilities 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 detailedreview 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 anoverriding 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 Notices 1092 

## 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. Thiswill 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 waterwayopenings of bridges or culverts), and the relocation of facilities out of the floodplain. Subsequent notices will pro

vide 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 hoursof 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 noticeto 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 ofthe 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 designatedfor 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 lo

cated 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 locatedin 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 lossfrom 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 floodingmay 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, orlessen, 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-q Kansas Secretary of State 2009 

### Vol. 28, No. 29, July 16, 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 an dmay 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 thesefacilities 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 detailedreview 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 anoverriding public need for the facility at its original location that clearly outweighed the requirements in theExecutive 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. Thiswill 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 waterwayopenings of bridges or culverts), and the relocation of facilities out of the floodplain. Subsequent notices will pro

vide 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 hoursof 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 theDepartment 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. 037270q Kansas Secretary of State 2009 

### Vol. 28, No. 29, July 16, 2009 Meeting/Hearing 1094 

## 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, SedgwickCounty (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 attendthe 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 lea st 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 ofthe 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 receivingwritten 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 andmay 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 leve l 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 economicimpact 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 atleast every two years by the director of Workers Compensation to assure that the schedule is current, reasonable and fair. The fee schedule establishes the maximumfees for medical, surgical, hospital, dental, nursing, vocational rehabilitation or any other treatment or servicesprovided 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 WorkersCompensation 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. 037268q Kansas Secretary of State 2009 

### Vol. 28, No. 29, July 16, 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 forthbelow, 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.
DeliveryThe 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 IndebtednessThe 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 beobtained 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. 037275q Kansas Secretary of State 2009 

### Vol. 28, No. 29, July 16, 2009 Bond Sale 1096 

## 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 behalfof 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 submissionsystem 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 thenecessary 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 bondswill 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 798ABonds will be payable semiannually on June 1 and December 1 in each year, beginning June 1, 2010.
Principal Amounts Subject to ChangeThe 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-q Kansas Secretary of State 2009 

### Vol. 28, No. 29, July 16, 2009 Bond Sale/Notices 1097 

## Kansas Register

justments, if required, will be made proportionately toeach 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, eachsuccessful 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 willdeliver 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 IndebtednessThe 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 theabove-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 toapproval of a bond purchase agreement between the issuer and the purchaser of the bonds and the passage ofan 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, OverlandPark, 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 oroffered 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. 037272q Kansas Secretary of State 2009 

### Vol. 28, No. 29, July 16, 2009 Notices 1098 

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

Doc. No. 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 authorityvested with the state by the administrator of the U.S. Environmental Protection Agency, various draft water pollution control documents (permits, notices to revoke and reissue, notices to terminate) have been prepared and/or permit applications have been received for discharges to
waters of the United States and the state of Kansas for the class of discharges described below. The proposed actions concerning the draft documentsare based on staff review, applying the appropriate standards, regulations and effluent limitations of the state of Kansas and the Environmental Protection Agency. The
final action will result in a Federal National Pollutant Dis

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

Public Notice No. KS-AG-09-183 /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-S003This 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 poun ds.

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.q Kansas Secretary of State 2009 

### Vol. 28, No. 29, July 16, 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: NW 1 ⁄ 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. Thepermit 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. 39 7 05’ 29’’, Long. 96 7 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 militaryinstallation. 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: NE 1

⁄ 4 , NW 1 ⁄ 4 , NE 1 ⁄ 4 , S20, T21S, R22E, Linn County Facility Name: Centerville QuarryFacility 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 withsome 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: SW 1 ⁄ 4 , NW 1 ⁄ 4 , NW 1 ⁄ 4 , S1, T20S, R19E, Anderson County Facility Name: Garnett QuarryFacility 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 oflimestone 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: SE 1

⁄ 4 , S12, T27S, R20E, Neosho County Facility Name: Stark Quarry The proposed action consists of issuing a new permit for discharge ofwastewater 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 authorityvested 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 Notice/Hearing 1100 

## 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 notextend 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 ofthese 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 commentsin writing to the Kansas Department of Health and Environment if they wish to have the comments considered in the decision-making process. Comments should be
submitted to the attention of the Livestock Waste Management Section for agricultural-related draft documents or applications, or to the Technical Services Section for al l other permits, at the Kansas Department of Health and Environment, Division of Environment, Bureau of Water, 1000 S.W. Jackson, Suite 420, Topeka, 66612-1367.All comments regarding the draft documents or application notices received on or before August 15 will be
considered in the formulation of the final determinationsregarding 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 thepublic notice period, the Secretary of Health and Environment will issue a determination regarding final agency action on each draft document / application. If response to any draft document /application indicates significant public interest, a public hearing may be held in conformance with K.A.R. 28-16-61 (28-46-21 for UIC).

All draft documents / applications and the supporting information including any comments received are on fileand may be inspected at the offices of the Kansas Department of Health and Environment, Bureau of Water.These documents are available upon request at the copying cost assessed by KDHE. Application information and components of plans and specifications for all new and expanding swine facilities are available on the Internet at http: // www.kdheks.gov/feedlots. Division of Environment offices are open from 8 a.m. to 5 p.m. Monday through Friday, excluding holidays.
Roderick L. Bremby Secretary of Health
and Environment

Doc. No. 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 toaddress 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-termemissions 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 ofAir 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. SunsetDrive, Suite 2700, Olathe; KDHE Northwest District Office, 2301 E. 13th St., Hays; KDHE North Central DistrictOffice, 2501 Market Place, Suite D, Salina; KDHE Northeast District Office, 800 W. 24th St., Lawrence; KDHE Southeast District Office, 1500 W. 7th St., Chanute; Cityof 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 andmay 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. 037271q Kansas Secretary of State 2009 

### Vol. 28, No. 29, July 16, 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 tostudents 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 withstandards 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 admissioncategories 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 hasbeen 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 departmentof 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 Regulations 1102 

## 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 ofeducation as a program that is eligible for federal financial aid; (2) is legally authorized within the state, territory, orcountry 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 thecontent 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-enri chment 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 offeredat an accredited high school that meets each of the following criteria: (1) The course or curriculum is designed for a studentperforming 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 orthe board’s designee to reflect a pace of instruction, intensity and depth of material, level of abstraction, andapplication 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 andwho is not eligible for admission pursuant to the ten percent exception window for resident transfer admissionsmay 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. 88-29-4may 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 anapplicant does not meet the requirements of this regulation, the applicant may be admitted by means of the tenpercent 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, asq Kansas Secretary of State 2009 

### Vol. 28, No. 29, July 16, 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 hoursfrom 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 therequirements 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 hasearned 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 thisregulation 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 ad

mission policy for conditional admission established in
accordance with K.A.R. 88-29-9. (b) Any state educational institution may admit anynonresident 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 anynonresident 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 pursuantto 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 Regulations 1104 

## Kansas Register

stitution may admit any Kansas resident who has earned24 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 tenpercent 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 bymeans 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 hoursfrom 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 earned24 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 tenpercent 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 bymeans 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 aretransferable 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 subsequentyear’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 wellas 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 percentexception 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 tenpercent 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, i n 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 theUnited 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 thetemporary, 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;q Kansas Secretary of State 2009 

### Vol. 28, No. 29, July 16, 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 allot

ted 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 toexit 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 thanone 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 requi re the applicant to provide an official high school transcriptdocumenting 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 Regulations 1106 

## Kansas Register

(viii) a qualified admission United States government

course; (E) a 1 ⁄ 2 -unit course shall not be used to fulfill more thanone 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 thanone 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 highschool in Kansas may establish a qualified admission precollege curriculum. Failure to establish a qualified admission precollege curriculum shall render the highschool’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 ofthe 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 proceduresestablished 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 astate 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 theq Kansas Secretary of State 2009 

### Vol. 28, No. 29, July 16, 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 precollegecurriculum 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-unitcourses, 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 courseover 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 precolleg e 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 fortwo 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 beincluded 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 curriculumdoes not meet the applicable content requirements specified in these regulations, the content of that approved course may be reviewed by the chief executive officer ofthe 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 toadmit an applicant under the criterion of successful completion of the functional equivalent of the qualified admission precollege curriculum, the admission officer ofeach 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 educationalinstitution shall not grant any exception to this regulation.(a) To demonstrate successful completion of the functional equivalent of the qualified admission precollegeEnglish 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 Englishcourse 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 transcriptof 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 andeither 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 Regulations 1108 

## 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 naturalscience 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 so

cial 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 transcriptof 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 andeither 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 precollegecurriculum, 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 precollegeEnglish 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 Englishcourse 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 transcriptof 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 andeither 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 naturalscience 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 so

cial 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 transcriptof 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 andeither offered by or accepted in transfer by a state educational institution.q Kansas Secretary of State 2009 

### Vol. 28, No. 29, July 16, 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 accreditedhigh 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 shal l 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 Regulations 1110 

## 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 fromthe ‘‘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; andq Kansas Secretary of State 2009 

### Vol. 28, No. 29, July 16, 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 shal l 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 willremove 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 shal l 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 Regulations 1112 

## 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 shal l 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 $90.00q Kansas Secretary of State 2009 

### Vol. 28, No. 29, July 16, 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 shal l 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 Regulations 1114 

## 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 fromthe ‘‘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 shal l 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’’ commencingon 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 packin 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 alongq Kansas Secretary of State 2009 

### Vol. 28, No. 29, July 16, 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 pulledopen. 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 validationcodes 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 andwinning 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 packin 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 alongwith 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 piggybank 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 pulledopen. 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 validationcodes 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 andwinning 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 Regulations/Index 1116 

## 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 thenew, amended and revoked administrative regulations and the volume and page
number of the Kansas Register issue in
which more information can be found. Temporary regulations are designatedwith a (T) in the Action column. This cumulative index supplements the 2006 Volumes and the 2008 Supplement of the Kansas Administrative Regulations

.
AGENCY 3: KANSAS STATE TREASURER

Reg. No. Action Register
3-3-1 Amended (T) V. 27, p. 1091 3-3-1 Amended V. 27, p. 1517 3-3-2 New (T) V. 27, p. 1091 3-3-2 New V. 27, p. 1517

AGENCY 4: DEPARTMENT OF

AGRICULTURE

Reg. No. Action Register

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

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

AGENCY 5: DEPARTMENT OF

AGRICULTURE—DIVISION OF

WATER RESOURCES

Reg. No. Action Register
5-1-1 Amended V. 27, p. 1549 5-1-2 Amended V. 27, p. 1553 5-1-7 Amended V. 27, p. 1553 5-2-4 New V. 27, p. 1554 5-3-3 Amended V. 27, p. 1554 5-3-4 Amended V. 27, p. 1555 5-3-4a Amended V. 28, p. 241 5-3-5d Amended V. 27, p. 1555 5-3-16 Amended V. 27, p. 1555 5-4-2 New V. 27, p. 1556 5-5-6c New V. 27, p. 1556 5-5-13 Amended V. 27, p. 1556 5-5-14 Amended V. 27, p. 1557 5-6-2 Amended V. 27, p. 1557 5-6-5 Amended V. 27, p. 1557

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

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

AGENCY 7: SECRETARY OF STATE

Reg. No. Action Register
7-16-1 Amended V. 27, p. 1548 7-16-2 Amended V. 27, p. 1548 7-17-1 Amended V. 27, p. 965 7-17-4 Amended V. 27, p. 966 7-17-11 Amended V. 27, p. 966 7-17-19 Amended V. 27, p. 966 7-17-21 Amended V. 27, p. 966 7-17-22 Amended V. 27, p. 966 7-17-24 Amended V. 27, p. 967 7-21-1 Amended V. 27, p. 967 7-21-2 Amended V. 27, p. 967 7-21-3 Revoked V. 27, p. 967 7-21-4 New V. 27, p. 967 7-23-13 Revoked V. 27, p. 968 7-37-2 Revoked V. 27, p. 968 7-38-2 Revoked V. 27, p. 968

7-41-1 through 7-41-7 Amended V. 28, p. 193-195 7-41-8 Revoked V. 28, p. 195 7-41-9 Revoked V. 28, p. 195 7-41-10 through 7-41-17 Amended V. 28, p. 195, 196

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

AGENCY 11: STATE CONSERVATION

COMMISSION

Reg. No. Action Register

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

AGENCY 14: DEPARTMENT OF REVENUE—

DIVISION OF ALCOHOLIC

BEVERAGE CONTROL

Reg. No. Action Register
14-8-6 Revoked V. 27, p. 1214 14-8-7 Amended V. 27, p. 1214 14-8-8 Revoked V. 27, p. 1214 14-8-12 Revoked V. 27, p. 1214 14-17-7 New V. 27, p. 1214

AGENCY 17: OFFICE OF THE

STATE BANK COMMISSIONER

Reg. No. Action Register

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

AGENCY 19: GOVERNMENTAL ETHICS

COMMISSION

Reg. No. Action Register
19-20-4 Amended V. 27, p. 1020 19-20-5 New V. 27, p. 1021 19-27-2 Amended V. 27, p. 1021

AGENCY 22: STATE FIRE MARSHAL

Reg. No. Action Register

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

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

### 1117

Index to Regulations 

## Kansas Register

q Kansas Secretary of State 2009 

### Vol. 28, No. 29, July 16, 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

### 1119

Index to Regulations 

## Kansas Register

q Kansas Secretary of State 2009 

### Vol. 28, No. 29, July 16, 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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