Vol. 28, No. 7 February 12, 2009 Pages 153-176 · consider the approval and adoption of proposed...

Vol. 28, No. 7 February 12, 2009 Pages 153-176

In this issue . . . PageDepartment of Administration—Division of Facilities Management

Notice of commencement of negotiations for engineering services .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154Kansas Public Employees Retirement System

Request for proposals for international equity investment management services.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155Kansas Public Employee Relations Board

Notice of hearing on proposed administrative regulations.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155Grant County

Notice of proposed DBE Program... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155Social and Rehabilitation Services

Request for proposals for targeted services to children and families .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155Wildlife and Parks Commission

Notice of hearing on proposed administrative regulations.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156State Board of Healing Arts

Notice of hearing on proposed administrative regulations.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156Office of the State Bank Commissioner

Special Order 2009-1 .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157Department of Administration

Public notice.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157Attorney General

Opinions 2008-23 through 2008-25 and 2009-1 through 2009-4.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157Kansas Department of Transportation

Notice to consulting engineers .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159Department of Revenue

Notice of available publications.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159Pooled Money Investment Board

Notice of investment rates.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160Legislative bills and resolutions introduced January 28-February 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160Department of Health and Environment

Notice of hearing on the Kansas Public Water Supply Loan Fund... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165Notice of hearing on the Kansas Water Pollution Control Revolving Fund ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165Request for bids for lead hazard reduction ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166Notice concerning water pollution control permits/applications.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166

Norton CountyNotice of intent to seek private placement of general obligation bonds ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166

University of KansasNotice to bidders.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 169

Department of Administration—Division of PurchasesNotice to bidders for state purchases.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 169

Permanent Administrative RegulationsDepartment of Revenue... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170

Index to administrative regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 171

� Kansas Secretary of State 2009 Vol. 28, No. 7, February 12, 2009

Notice154 Kansas Register

The KANSAS REGISTER (USPS 0662-190) is an official publication of the State of Kansas, published by authority of K.S.A. 75-430. The Kansas Register is published weekly and a cumulative index is published annually by the Kansas Secretary of State, 1stFloor, Memorial Hall, 120 S.W. 10th Ave., Topeka, KS 66612-1594. One-year subscriptions are $80 (Kansas residents must includeapplicable 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. 10thAve., Topeka, KS 66612-1594.

� Kansas Secretary of State 2009. Reproduction of this publication in its entirety or for commercial purposes is prohibitedwithout prior permission. Official enactments of the Kansas Legislature and proposed and adopted administrative regulations ofstate agencies may be reproduced in any form without permission.

PUBLISHED BYRon ThornburghSecretary of State

1st Floor, Memorial Hall120 S.W. 10th Ave.

Topeka, KS 66612-1594(785) 296-4564

www.kssos.org

Register Office:1st Floor, Memorial Hall

(785) 296-3489Fax (785) 368-8024

[email protected]

State of KansasDepartment of Administration

Division of Facilities ManagementNotice of Commencement of

Negotiations for Engineering Services

Notice is hereby given of the commencement of nego-tiations for civil engineering services for Fort Hays StateUniversity. Fort Hays State University, in collaborationwith the city of Hays, will be selecting one firm to providedesign services for Fort Hays State University’s SoccerFacility, with a total project cost of $2,100,000, and thecity of Hays’ Sports Complex, with a total project cost of$8,000,000. Design services for each project will be con-tracted separately, with the respective owner. Both pro-jects will be co-located on a 135-acre site, located adjacentto Fort Hays State University. Each entity will own theland on which its facility is located.

The Fort Hays State University Soccer Facility wouldinclude, but not be limited to, a complete synthetic turfsoccer field, permanent bleacher seating, field lightingand locker room/restroom/concessions structure. Site de-velopment would include entrance roads, surface park-ing, site lighting, perimeter fencing, landscaping and util-ity service extensions to site. Final approval of the FortHays State University project is still pending in the 2009Kansas legislative session.

The city of Hays’ Sports Complex would include, butnot be limited to, eight (8) complete baseball/softball nat-

ural turf fields with permanent bleachers, eight (8) com-plete natural turf soccer/football (multi-purpose) fieldswith portable bleachers, two (2) picnic areas, playgroundarea, maintenance building, two (2) concession/restroomstructures and field lighting. Site development would in-clude entrance roads, entrance signage, perimeter fenc-ing, surface parking, site lighting, landscaping and off-site extensions to complex.

Additional information concerning the scope of serv-ices for the Soccer Facility is available from Dana Cun-ningham, Office of Facilities Planning, Fort Hays StateUniversity, (785) 628-4424. Additional information con-cerning the Sports Complex is available from John Braun,Public Works Department, city of Hays, (785) 628-7350.

To be considered, five (5) bound proposals and one (1)PDF file on a CD of the following should be provided: aletter of interest, an SF330 Part I, information regardingsimilar projects, and an SF330 Part II for each firm andconsultant. Proposals should be concise and follow the2009 State Building Advisory Commission guidelines,available to firms at http://da.ks.gov/fp/ or by contactingPhyllis Fast, Division of Facilities Management, Suite 102,Landon State Office Building, 900 S.W. Jackson, Topeka,66612, (785) 296-5796, [email protected]. Submittalsshould be received by Phyllis Fast before noon February27.

Marilyn L. Jacobson, DirectorDivision of Facilities Management

Doc. No. 036695

� Kansas Secretary of State 2009Vol. 28, No. 7, February 12, 2009

RFP/Notices 155Kansas Register

State of KansasPublic Employees Retirement System

Request for Proposals

The Kansas Public Employees Retirement System(KPERS) is soliciting proposals for international equityinvestment management services. A copy of the RFP maybe downloaded from the KPERS’ Web site atwww.kpers.org. All proposals must meet the minimumqualifications as set forth within the RFP. Respondentsshould deliver two written copies of their proposal toKPERS’ offices by 5 p.m. February 27. Questions aboutthe RFP may be directed in writing to Brian King, PublicEquity Officer/KPERS, 611 S. Kansas Ave., Topeka, 66603,or via e-mail to rfp [email protected]. The deadline for sub-mission of questions is February 19.

Glenn DeckExecutive Director

Doc. No. 036693

State of KansasPublic Employee Relations Board

Notice of Hearing on ProposedAdministrative Regulations

The Kansas Public Employee Relations Board will con-duct a public hearing at 10 a.m. Wednesday, April 15, atthe Kansas Department of Labor, Grand ConferenceRoom, 1309 S.W. Topeka Blvd., Topeka, to considerchanges to the service of pleadings regulation.

This 60-day notice constitutes a public comment periodfor the purposes of receiving written public comment onthe proposed regulation. Any individual with a disabilitymay request accommodation in order to participate in thepublic hearing and may request the proposed regulationand economic impact statement in an accessible format.Any request for an accommodation must be made at least10 working days in advance of the hearing.

Written comments, requests for accommodation andrequests for a copy of the regulation showing the pro-posed changes should be submitted to Darren E. Root,Staff Attorney, 401 S.W. Topeka Blvd., Topeka, 66603,(785) 291-3890, or by e-mail to [email protected] summary of the regulation and the economic impactfollows:

K.A.R. 84-2-1. Service of pleadings. The proposedchanges to the existing regulation expand the types ofmethods by which public employees, public employers,employee organizations or other individuals can submitpleadings to the Kansas Public Employee RelationsBoard.

Economic Impact: The proposed changes to K.A.R. 84-2-1 will have no appreciable economic impact on publicemployees, public employers, employee organizations, orother individuals appearing before the Kansas Public Em-ployee Relations Board in accordance with the KansasPublic Employer-Employee Relations Act, K.S.A. 75-4321et seq.

Ken GormanChair

Doc. No. 036686

(Published in the Kansas Register February 12, 2009.)

Grant County, KansasNotice of Proposed DBE Program

Grant County has established a Disadvantaged Busi-ness Enterprise (DBE) Program in accordance with reg-ulations of the U.S. Department of Transportation, 49 CFRPart 26, for the Ulysses Airport. The county anticipatesreceiving federal financial assistance from the Depart-ment of Transportation, and, as a condition of receivingthis assistance, the county will sign an assurance that itwill comply with 49 CFR Part 26.

The county’s overall project-specific goal for FY 2009 is2.85 percent of the federal financial assistance.

The proposed DBE Program is available for public in-spection and comment at the Grant County Clerk’s Office,108 S. Glenn, Ulysses. The county will accept commentson the goals for 30 days from the date of this notice. Com-ments can be sent to Harold DuPree, Airport BoardChairman, 108 S. Glenn, Ulysses, 67880.

Linda McHenryGrant County Clerk

Doc. No. 036691

State of KansasSocial and Rehabilitation Services

Request for Proposals

The Kansas Department of Social and RehabilitationServices, Children and Family Services, is issuing a re-quest for proposals to obtain competitive responses fromvendors to provide targeted services to children and fam-ilies to prevent maltreatment; prevent out-of-home place-ment; and/or prevent the need for SRS Children and Fam-ily Services involvement, for the Kansas Department ofSocial and Rehabilitation Services. SRS is seeking to fundmultiple small projects in each region statewide to servechildren and families in the state of Kansas.

The timeline is as follows: The release of request forproposals February 3, with written questions electroni-cally submitted to [email protected] from poten-tial bidders due by 5 p.m. February 19. Written responseswill be posted February 27 on the SRS Children and Fam-ily Services homepage at http://www.srskansas.org/CFS/.Applications are due by 5 p.m. March 16 to Daniel Klucas,SRS Purchasing, 8th Floor, Docking State Office Building,915 S.W. Harrison, Topeka, 66612. The central office willnotify successful and unsuccessful applicants of awardMay 15. The grant startup is July 1, 2009.

The grant application is located on the SRS Childrenand Family Services Web site at http://www.srskansas.org/CFS/sfy10communityservicesgrantapp.pdf.

Don JordanSecretary of Social andRehabilitation Services

Doc. No. 036692


Hearings156 Kansas Register

State of KansasWildlife and Parks Commission


A public hearing will be conducted by the Wildlife andParks Commission at 7 p.m. Thursday, April 16, at theLogan County Courthouse, 710 W. 2nd St., Oakley, toconsider the approval and adoption of proposed admin-istrative regulations of the Kansas Department of Wildlifeand Parks.

A workshop meeting on business of the Wildlife andParks Commission will begin at 1:30 p.m. April 16 at thelocation listed above. The meeting will recess at 5:30 p.m.,then resume at 7 p.m. at the same location for the regu-latory hearing. There will be public comment periods atthe beginning of the afternoon and evening meetings forany issues not on the agenda, and additional commentperiods will be available during the meeting on agendaitems. Old and new business also may be discussed atthis time. If necessary to complete the hearing or otherbusiness matters, the commission will reconvene at 9 a.m.April 17 at the same location.

Any individual with a disability may request accom-modation in order to participate in the public hearing andmay request the proposed regulations and economic im-pact statements in an accessible format. Requests for ac-commodation should be made at least five working daysin advance of the hearing by contacting Sheila Kemmis,commission secretary, at (620) 672-5911. Persons with ahearing impairment may call the Kansas Commission forthe Deaf and Hard of Hearing at (800) 432-0698 to requestspecial accommodations.

This 60-day notice period prior to the hearing consti-tutes a public comment period for the purpose of receiv-ing written public comments on the proposed adminis-trative regulations. All interested parties may submitwritten comments prior to the hearing to the chairman ofthe commission, Kansas Department of Wildlife andParks, 1020 S. Kansas Ave., Suite 200, Topeka, 66612, or [email protected] if electronically. All interestedparties will be given a reasonable opportunity at the hear-ing to express their views orally in regard to the adoptionof the proposed regulations. During the hearing, all writ-ten and oral comments submitted by interested partieswill be considered by the commission as a basis for ap-proving, amending and approving, or rejecting the pro-posed regulations.

The regulations that will be heard during the regula-tory hearing portion of the meeting are as follows:

K.A.R. 115-4-11. This permanent regulation establishesapplication provisions for big game and wild turkey ap-plications. The proposed amendments would allow bo-nus points for additional chances for unsuccessful appli-cants from previous years in the elk permit drawing.

Economic impact summary: The proposed amend-ments are not anticipated to have any appreciable nega-tive economic impact on the department, other agencies,small businesses or the public.

K.A.R. 115-8-1. This permanent regulation establishescertain requirements or restrictions for hunting, furhar-

vesting, and discharge of firearms on department landsand waters. The proposed amendment is to update thereference document with changes.


K.A.R. 115-25-8. This exempt regulation establishesopen season, bag limit and permits for elk. The proposedversion would decrease the number of permits by twofrom the previous season.


Copies of the complete text of the regulations and theirrespective economic impact statements may be obtainedby writing the chairman of the commission at the addressabove, electronically on the department’s Web site atwww.kdwp.state.ks.us, or by calling (785) 296-2281.

Kelly JohnstonChairman

Doc. No. 036689

State of KansasBoard of Healing Arts


A public hearing will be conducted at 10 a.m. Tuesday,April 14, at the office of the Kansas State Board of HealingArts, 235 S. Topeka Blvd., Topeka, to consider the adop-tion of one proposed amended rule and regulation, 100-55-9, pertaining to special permits.

This 60-day notice of the public hearing shall constitutea public comment period for the purpose of receivingwritten public comments on the above-referenced ruleand regulation. All interested parties may submit com-ments prior to the hearing to the Board of Healing Arts,235 S. Topeka Blvd., Topeka, 66603, or by e-mail to [email protected]. All interested parties will be given a rea-sonable opportunity to present their views, orally or inwriting, concerning the adoption of the regulation duringthe hearing. In order to give all persons an opportunityto present their views, it may be necessary to request eachparticipant to limit any oral presentations to five minutes.

Any individual with a disability may request accom-modation in order to participate in the public hearing andmay request the regulation being considered and the ec-onomic impact statement in an accessible format. Re-quests for accommodation should be made at least fiveworking days in advance of the hearing by contactingBarbara Montgomery at (785) 296-8558 or [email protected]. Handicapped parking is located atthe west end of the Hutton Building, and the northwestentrance to the building is accessible.

A summary of the proposed amended rule and regu-lation to be considered at the hearing and the economicimpact follows:

K.A.R. 100-55-9. Special permits. This regulation es-tablishes the requirements to obtain a special permit for


Notices/A.G. Opinions 157Kansas Register

student respiratory therapists issued and regulated by theboard in the profession of respiratory therapy.

The amendment to K.A.R. 100-55-9 will not result inany economic impact to the public or licensees.

The regulation is not mandated by any federal law.No other methods were considered.Copies of the proposed regulation and the economic

impact statement may be obtained by contacting JuliaMowers at the address above, (785) 296-0510; from theboard’s Web site at http://www.ksbha.org/public.html; orby e-mail request to [email protected].

Jack ConferExecutive Director

Doc. No. 036679

State of KansasOffice of the State Bank Commissioner

Special Order 2009-1

This Order issued this 30th day of January, 2009, by theState Bank Commissioner (‘‘Commissioner’’).

WHEREAS, 12 U.S.C. §51a and 12 C.F.R. §5.46 author-ize a national bank to issue preferred stock of one or moreclasses, in such amount and with such par value as shallbe approved by the Comptroller of the Currency; and

WHEREAS, state law provides that state banks mayissue preferred stock, but that the par value shall be di-vided into shares of $5 each or a multiple thereof; and

WHEREAS, K.S.A. 9-1715 provides the Commissionerwith the power to authorize state banks or trust compa-nies to engage in any activity in which such banks or trustcompanies could engage were they operating as anyother insured depository institution, including a nationalbank; and

WHEREAS, the United States Treasury has establisheda Capital Purchase Program pursuant to which it maypurchase preferred stock of certain banks pursuant to theauthority granted in the Emergency Economic Stabiliza-tion Act of 2008, P.L. 110-343; and

WHEREAS, the Commissioner deems the issuance ofthis Order to be reasonably required to preserve and pro-tect the welfare of state banks and to promote the com-petitive equality of state and national banks in connectionwith a state bank’s ability to participate on the same termsas a national bank in the Capital Purchase Program;

IT IS THEREFORE ORDERED that Kansas state banksshall have the authority to issue preferred stock of one ormore classes, in such amount and with such par value asshall be approved by the Commissioner; and

IT IS FURTHER ORDERED, pursuant to K.S.A. 9-1715(b) as amended, that the terms of this Order shallbecome effective January 30, 2009 and shall remain in fullforce and effect until amended or revoked by the Com-missioner.

IT IS SO ORDERED.J. Thomas Thull

State Bank CommissionerDoc. No. 036683


Public Notice

Under requirements of K.S.A. 2008 Supp. 65-34,117(c),records of the Division of Accounts and Reports show theunobligated balances are $4,035,571.82 in the under-ground petroleum storage tank release trust fund and$1,632,306.93 in the aboveground petroleum storage tankrelease trust fund at January 31, 2009.

Duane GoossenSecretary of Administration

Doc. No. 036687

State of KansasAttorney General

Opinion 2008-23

Cities and Municipalities—Miscellaneous Provisions—Mayoral Appointments to Boards and Commissions;Specific Finding that Person is Unqualified or Not Fitto Hold Office. Robert Hecht, Shawnee County DistrictAttorney, Topeka, November 3, 2008.

A city governing body that rejects a mayoral appoint-ment must simply make a determination that the candi-date is either not fit or is unqualified to hold the office orposition. The law does not require that a governing bodyarticulate the basis for its determination. Cited herein:K.S.A. 2007 Supp. 12-1222, as amended by L. 2008, Ch.163, § 5; 12-5711, as amended by L. 2008, Ch. 163, § 6;K.S.A. 13-527, as amended by L. 2008, Ch. 163, § 8; 14-201, as amended by L. 2008, Ch. 163, § 10; 14-695, asamended by L. 2008, Ch. 163, § 11; 15-201, as amendedby L. 2008, Ch. 163, § 12; 15-204, as amended by L. 2008,Ch. 163, § 13; 17-4757, as amended by L. 2008, Ch. 163, §14; L. 2008, Ch. 163, § 4. MF

Opinion 2008-24

State Departments; Public Officers and Employees—Department of Administration; Division of Purchases;Buildings; Exemption From Local Building Codes; Per-mits and Fees and Certain Zoning Fees; Application ofZoning and Land Use Regulations to State University.Julene L. Miller, General Counsel, Kansas Board of Re-gents, Topeka, December 10, 2008.

K.S.A. 2007 Supp. 75-3741c does not exempt state cap-ital improvement projects from compliance with localzoning and land use regulations absent a judicial deter-mination that the state agency is immune based upon the‘‘balancing of interests’’ test established in Brown v. Kan-sas Forestry, Fish & Game Commission. Cited herein: K.S.A.2007 Supp. 75-3741c. MF

Opinion 2008-25

Cities and Municipalities—General Provisions—Coun-tywide and City Retailers’ Sales Taxes; Procedure forImplementation; Rate; Use of Revenues; General Pur-poses; Special Purposes. Dorothea Riley, Lenexa CityBond Counsel, Kansas City, Missouri, December 10,2008.

(continued)


A.G. Opinions158 Kansas Register

A city is required to specify the purposes for which therevenues from a retailers’ sales tax will be used regardlesswhether it is levied for general purposes or special pur-poses. Whether a retailers’ sales tax is levied for generalpurposes or special purposes is determined by the degreeof specificity stated by the city as being the purposes forthe levy. A retailers’ sales tax that will potentially providefunding to address necessary work on all city roads, allcity parks, and all of the community’s cultural and rec-reational facilities, rather than specific roads, parks, andcommunity cultural and recreational facilities, constitutesa sales tax levied for general purposes under K.S.A. 2007Supp. 12-189. Cited herein: K.S.A. 2007 Supp. 12-187; 12-189; K.S.A. 12-197; 12-187b (Repealed); 12-188 (Repealed);12-189f (Repealed); L. 2007, ch. 158; §§ 6, 7, 10; L. 2006;ch. 204, §§ 1, 2, 5; L. 2006, ch. 191, §§1, 2; L. 2001, ch. 67,§ 1; L. 1982, ch. 64, § 1. RDS

Opinion 2009-1

Taxation—Property Exempt from Taxation—PropertyExempt from Ad Valorem Taxation; Property BelongingExclusively to the United States; Private Housing Pro-ject at Fort Riley.

Federal Jurisdiction—Federal Property; Fort Riley Mil-itary Reservation; Taxation of Housing Project on Mil-itary Reservation. Clancy Holeman, Riley CountyCounselor, Manhattan, January 13, 2009.

The act ceding jurisdiction to the United States for FortRiley retained the authority to tax ‘‘the property of citi-zens, not otherwise exempt’’ from taxation. The term ‘‘cit-izen’’ is not defined and must be construed within thecontext of the ceding and taxation statutes. Exemptionsto taxation are established by the legislature and nar-rowly applied. The burden of proving an exemption isupon the entity seeking the exemption. Absent a specificexemption, the property of a limited liability companyoperating within Fort Riley is subject to taxation basedupon the ceding language. A county may offer an opinionconcerning tax exemptions, but it is not binding. Citedherein: K.S.A. 19-101a; 27-104; 27-105; K.S.A 2007 Supp.77-201, Second; K.S.A. 79- 101; K.S.A. 2007 Supp. 79-201;79-213 as amended by L. 2008, Ch. 109, § 74 and Ch. 182,§ 17; 79-251; 79-2005, as amended by L. 2008, Ch. 109, §103; L. 1875, Ch. 66, § 1; L. 1889, Ch. 150, § 1; GeneralStatutes (1889) Ch. 23; Ch. 74, § 14; Ch. 104, § 1; Ch. 107,§ 1; Kansas Constitution, Art. 11, §§ 1, 13;10 U.S.C. §§2871; 2878. MJS

Opinion 2009-2

Constitution of the State of Kansas—Legislative—Sub-ject and Title of Bills; One Subject Rule; 2008 SenateBill 534 Provisos. Senator John Vratil, State Senator,11th District, Leawood, January 23, 2009.

Provisos in the 2008 omnibus appropriations bill ad-dressing legislators securing approval to attend certainout-of-state meetings, legislative assistants working dur-ing the veto session, and performance audits of illegalimmigration and the Kansas Commission on Veteran Af-fairs violate the one-subject requirement of Article 2, Sec-tion 16 of the Kansas Constitution. Cited herein: L. 2008,Ch. 131, §§ 69, 70; Kan. Const., Art. 2, § 16. MF

Opinion 2009-3

Cities and Municipalities—Public Recreation and Play-grounds; Joint Recreation Systems; Powers of Recrea-tion Commission; Limits of Contract Authority for theProvision of Recreational Programs and Facilities. JohnS. Robb, Attorney for U.S.D. 373; Robert Myers, NewtonCity Attorney; Randall J. Pankratz, Attorney for NewtonRecreation Commission, Newton, January 23, 2009.

A recreation commission jointly created by a city andschool district has the statutorily granted contract au-thority to enter into an interlocal agreement with a pri-vate organization for the provision of recreational pro-gramming with or without the city or school district’sparticipation. The recreation commission must maintaina degree of oversight that reserves ultimate authority forprogramming, and other operational decisions in orderto provide accountability. A city participating in a jointrecreation commission may not enter into any other in-terlocal agreement for the provision of recreational serv-ices with either a public or private entity. Cited herein:K.S.A. 12-1922; 12-1924; K.S.A. 2007 Supp. 12-1928; K.S.A.12-1929; 19-2901; K.S.A. 2007 Supp. 19-2903; 19-2904; 72-8205; Kansas Constitution Art. 2, § 21; Art. 6, § 5; Art. 12,§ 5. MJS

Opinion 2009-4

Public Health—Regulation of Nursing—RegisteredNurse Anesthetists—Duties of Registered Nurse Anes-thetists; Authority of Registered Nurse Anesthetists toGive Orders for Medications and Diagnostic Tests Re-lated to Anesthesia or Analgesia Care Pursuant to a Phy-sician’s Order

Public Health—Kansas Healing Arts Act—Persons NotEngaged in the Practice of the Healing Arts; LicenseesWho Direct, Supervise, Order, Refer, Accept Responsi-bility for, Enter into Practice Protocols with or DelegateActs Which Constitute Practice of Healing Arts to Oth-ers; Authority of Physicians to Delegate Orders to Reg-istered Nurse Anesthetists for Medications and Diag-nostic Tests Related to Anesthesia or Analgesia Care.Mary Blubaugh, MSN, RN, Executive Administrator,Kansas State Board of Nursing, January 26, 2009.

A certified registered nurse anesthetist (CRNA) is notauthorized under K.S.A. 65-1158 to issue preoperativeand postoperative orders for medications and diagnostictests related to anesthesia or analgesia care. We declineto opine on the issue of whether a physician can delegatesuch activity in light of the ambiguity in the physiciandelegation statute, K.S.A. 2007 Supp. 65-28,127, and be-cause the health care professions are better suited to ad-dress this issue through appropriate legislation. Due tothe conflict in the interpretation of K.S.A. 2007 Supp. 65-28,127, the conclusions in Attorney General Opinions No.2000-26 and 2008-6 are withdrawn. Cited herein: K.S.A.65-1130; 65-1152; 65-1158; K.S.A. 2007 Supp. 65-2802;K.S.A. 65- 2803; K.S.A. 2007 Supp. 65-2872; 65-28,127;K.A.R. 60-11-102. JLA

Stephen N. SixAttorney General

Doc. No. 036697


Notices 159Kansas Register

State of KansasDepartment of Transportation

Notice to Consulting Engineers

The Kansas Department of Transportation is seekingqualified consulting engineering firms for the projectlisted below on an as-needed basis. Two (2) to four (4)firms will be selected. A response may be submitted bye-mail to [email protected] or seven signed copies of theresponse can be mailed to Neil Rusch, P.E., Assistant tothe Director, Division of Engineering and Design, KDOT,Eisenhower State Office Building, 700 S.W. Harrison, To-peka, 66603-3754. Responses shall be limited to fourpages and must be received by noon March 3 for the con-sulting engineering firm to be considered.

From the firms expressing interest, the Consultant Se-lection Committee will select a list of the most highlyqualified and invite them to attend an individual inter-view conference. At that time, the consulting firms canmore thoroughly discuss their experience related to thetype of project at hand and will be expected to discuss,in some detail, their approach to this project and the per-sonnel to be assigned to the project. Firms not selected tobe short-listed will be notified by letter.

The Consultant Negotiating Committee, appointed bythe Secretary of Transportation, will conduct the discus-sions with the firms invited to the individual interviewconferences. The committee will select the firms to per-form the professional services required for completingthe advertised project. After the selection of these firms,the remaining firms will be notified by letter of the out-come.

106 AV-0009-01Aeronautical Information Surveys

The Kansas Department of Transportation requestsproposals from qualified firms to perform all necessaryprofessional engineering, surveying, planning and pro-ject management services related to the development ofaeronautical information surveys for Kansas airports onan as-needed basis. The airport ground surveys and col-lection of aerial imagery of the survey areas will be per-formed in accordance with the appropriate Federal Avi-ation Administration (FAA) guidance. The AdvisoryCirculars listed below detail the data collection require-ments and accuracies for the surveys and may be down-loaded from the FAA Airport Surveying Web site at http://airports-gis.faa.gov/airport/surveyors intro.jsp.

(1) Advisory Circular 150/5300-16A ‘‘General Guid-ance and Specifications for Aeronautical Surveys:Establishment of Geodetic Control and Submissionto the National Geodetic Survey’’

(2) Advisory Circular 150/5300-17B ‘‘General Guid-ance and Specifications for Aeronautical Surveys:Airport Imagery Acquisition and Submission to theNational Geodetic Survey’’

(3) Advisory Circular 150/5300-18B ‘‘General Guid-ance and Specifications for Aeronautical Surveys:Airport Survey Data Collection and Geographic In-formation System Standards’’

(4) Advisory Circular 150/5300-13 ‘‘Airport Design’’

It is KDOT’s policy to use the following criteria as thebasis 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; and5. firm’s performance record.The firm’s accounting systems must have the following

capabilities before the firm may be awarded a contract:• Valid, reliable, and current costs must be available

within the system to support cost and pricing data;• capability to provide a means of measuring the rea-

sonableness of incurred costs;• capability to identify and accumulate allowable costs

by contract or project records that will reconcile withthe general ledger; and

• ability to provide supporting documentation of ac-tual expenditures for each billing, based on costs.

Deb MillerSecretary of Transportation

Doc. No. 036696

State of KansasDepartment of Revenue

Notice of Available Publications

Listed below are all the Private Letter Rulings, OpinionLetters, Final Written Determinations, Revenue Rulings,Memorandums, Property Valuation Division Directives,Q&A’s, Information Guides and Notices published by theDepartment of Revenue for January 2009. Copies can beobtained by accessing the Policy Information Library lo-cated on the Internet at www.ksrevenue.org or by callingthe Office of Policy and Research at (785) 296-3081.Private Letter RulingsNo new publications

Opinion LettersNo new publications

Final Written DeterminationsNo new publications

Revenue RulingsNo new publications

Notices09-01 Retail Dealer IncentiveUn-numbered Environmental Assurance Fee to resume

effective March 1, 2009

MemorandumsNo new publications

Property Valuation Division DirectivesNo new publications

Q&A’sNo new publications

Information GuidesNo new publications

Joan WagnonSecretary of Revenue

Doc. No. 036698


Notice/Legislative Bills160 Kansas Register

State of KansasPooled Money Investment Board

Notice of Investment Rates

The following rates are published in accordance withK.S.A. 75-4210. These rates and their uses are defined inK.S.A. 2008 Supp. 12-1675(b)(c)(d) and K.S.A. 2008 Supp.12-1675a(g).

Effective 2-9-09 through 2-15-09Term Rate

1-89 days 0.23%3 months 0.16%6 months 0.47%1 year 0.63%18 months 0.64%2 years 0.83%

Daniel J. NackleyDirector of Investments

Doc. No. 036680

State of KansasLegislature

Legislative Bills and Resolutions Introduced

The following numbers and titles of bills and resolutionswere introduced January 29-February 4 by the 2009 KansasLegislature. Copies of bills and resolutions are availablefree of charge from the Legislative Document Room, 145-N, State Capitol, 300 S.W. 10th Ave., Topeka, 66612, (785)296-4096. Full texts of bills, bill tracking and other infor-mation may be accessed at www.kslegislature.org.

House BillsHB 2143, An act relating to driver’s licenses; providing for certain

restrictions; amending K.S.A. 8-235d and 8-296 and K.S.A. 2008 Supp.8-237 and repealing the existing sections, by Committee on Transpor-tation.

HB 2144, An act establishing the community defense act; amendingK.S.A. 22-3901 and repealing the existing section, by Committee on Ju-diciary.

HB 2145, An act regulating traffic; failure to comply with traffic reg-ulations or directions; amending K.S.A. 8-1531a and K.S.A. 2008 Supp.8-2118 and repealing the existing sections, by Committee on Transpor-tation.

HB 2146, An act regulating traffic; concerning permits for oversize oroverweight vehicles; fees; amending K.S.A. 2008 Supp. 8-1911 and re-pealing the existing section, by Committee on Transportation.

HB 2147, An act regulating traffic; concerning the removal of certainvehicles from highways; amending K.S.A. 8-1603 and 8-1605 and K.S.A.2008 Supp. 8-2118 and repealing the existing sections, by Committee onTransportation.

HB 2148, An act concerning the state capitol and grounds; relating topreservation, by Committee on Federal and State Affairs.

HB 2149, An act enacting the Kansas immigration accountability act,by Committee on Federal and State Affairs.

HB 2150, An act concerning property taxation; relating to valuationand assessment; amending K.S.A. 79-411, 79-501, 79-5a04 and 79-1439aand K.S.A. 2008 Supp. 79-412, 79-1439, 79-1448 and 79-1606 and re-pealing the existing sections, by Representatives Brunk and A. Brown,Carlson, Crum, DeGraaf, Donohoe, Goico, Grange, Hermanson, M.Holmes, Horst, Huebert, Jack, Kerschen, Kiegerl, Kinzer, Landwehr,McLeland, Myers, O’Brien, Olson, Patton, Peck, Rhoades and Siegfreid.

HB 2151, An act concerning the registration of vehicles; relating tolicense plates; establishing a license plate production fee; amendingK.S.A. 2008 Supp. 8-145, 8-147 and 8-1,142 and repealing the existingsections, by Committee on Transportation.

HB 2152, An act relating to motor vehicles; concerning towed vehi-cles; amending K.S.A. 2008 Supp. 8-1103 and repealing the existing sec-tion, by Committee on Transportation.

HB 2153, An act enacting the national school psychologist certificationincentive By Committee on Education.

HB 2154, An act concerning civil procedure; relating to covered of-fenses and conduct giving rise to forfeiture; amending K.S.A. 2008 Supp.60-4104 and repealing the existing section, by Representative Worley.

HB 2155, An act concerning land banks; relating to the establishmentof the city of Topeka land bank, by Committee on Local Government.

HB 2156, An act concerning the legislature; relating to legislatorsholding other elected offices, by Committee on Local Government.

HB 2157, An act concerning the Topeka/Shawnee county riverfrontauthority act; amending K.S.A. 2008 Supp. 12-5611 and repealing theexisting section, by Committee on Local Government.

HB 2158, An act concerning the Kansas highway patrol; pertainingto the ability of officers and members of the highway patrol to holdpublic office; amending K.S.A. 2008 Supp. 74-2113 and repealing theexisting section, by Committee on Local Government.

HB 2159, An act concerning mortgages; relating to certain insurancesettlement payments, by Committee on Insurance.

HB 2160, An act relating to insurance; concerning the payment ofcertain property claims, by Committee on Insurance.

HB 2161, An act concerning the state board of healing arts; relatingto fees charged and collected by the board; amending K.S.A. 65-2852,65-5409, 65-5509 and 65-7207 and K.S.A. 2008 Supp. 65-2012, 65-28a03,65-2911, 65-6910 and 65-7308 and repealing the existing sections, byCommittee on Health and Human Services.

HB 2162, An act concerning the behavioral sciences; marriage andfamily therapists and psychologists; amending K.S.A. 65-6404 and 74-5310 and repealing the existing sections, by Committee on Health andHuman Services.

HB 2163, An act concerning duties of registered nurse anesthetists;amending K.S.A. 65-1158 and repealing the existing section, by Com-mittee on Health and Human Services.

HB 2164, An act concerning judges and justices; relating to retirementage; amending K.S.A. 20-2608 and repealing the existing section, byCommittee on Judiciary.

HB 2165, An act concerning crimes and punishment; relating to un-lawfully hosting minors; amending K.S.A. 21-3610c and repealing theexisting section, by Committee on Judiciary.

HB 2166, An act concerning abortion; relating to late-term and partialbirth abortion; amending K.S.A. 65-6701, 65-6703, 65-6711 and 65-6721and K.S.A. 2008 Supp. 76-3308 and repealing the existing sections, byRepresentative Huebert.

HB 2167, An act establishing the landowners’ bill of rights; placingcertain requirements on certain persons and entities entering on an-other’s property, by Committee on Judiciary.

HB 2168, An act concerning crimes and punishment; relating to crim-inal use of weapons; amending K.S.A. 2008 Supp. 21-4201 and repealingthe existing section, by Committee on Judiciary.

HB 2169, An act concerning land use ordinances; relating to militaryinstallations; authorizing restrictions and prohibited uses of certainproperty, by Committee on Veterans, Military and Homeland Security.

HB 2170, An act concerning license plates; providing for a combatveteran and legion of merit decals; amending K.S.A. 2008 Supp. 8-1,156and repealing the existing section, by Committee on Veterans, Militaryand Homeland Security.

HB 2171, An act concerning the Kansas commission on veterans af-fairs; relating to the Vietnam war medallion program; prescribingguidelines and limitations, powers and duties, by Committee on Vet-erans, Military and Homeland Security.

HB 2172, An act concerning sales taxation; relating to cash rebates onsales or leases of new motor vehicles; amending K.S.A. 2008 Supp. 79-3602 and repealing the existing section, by Committee on Taxation.

HB 2173, An act concerning income taxation; relating to credits; adop-tion expenses; amending K.S.A. 2008 Supp. 79-32,202 and repealing theexisting section, by Committee on Taxation.

HB 2174, An act concerning income taxation; relating to social secu-rity benefits; amending K.S.A. 2008 Supp. 79-32,117 and repealing theexisting section; also repealing K.S.A. 2008 Supp. 79-32,117m, by Com-mittee on Taxation.

HB 2175, An act concerning employment; relating to misclassificationof employees; amending K.S.A. 2008 Supp. 79-3234 and repealing the


Legislative Bills 161Kansas Register

existing section; also repealing K.S.A. 2008 Supp. 44-766, by Committeeon Taxation.

HB 2176, An act concerning sales taxation; relating to exemptions;Stephanie Waterman Tennis Foundation; amending K.S.A. 2008 Supp.79-3606 and repealing the existing section, by Committee on Taxation.

HB 2177, An act concerning the state water plan fund; relating toincreasing fees that contribute to the fund; amending K.S.A. 70a-102 andK.S.A. 2008 Supp. 2-1205, 2-2204, 82a-954 and 82a-2101 and repealingthe existing sections, by Committee on Appropriations.

HB 2178, An act abolishing the Kansas turnpike authority; transfer-ring powers, duties and functions to the Kansas department of trans-portation, by Committee on Appropriations.

HB 2179, An act concerning the low-income family postsecondarysavings accounts incentive program; amending K.S.A. 2008 Supp. 75-650 and repealing the existing section, by Committee on Appropria-tions.

HB 2180, An act concerning alcoholic beverages; relating to drinkingestablishment license; amending K.S.A. 41-2642 and repealing the ex-isting section, by Committee on Appropriations.

HB 2181, An act concerning school districts; relating to school finance;relating to the at-risk weighting; amending K.S.A. 2008 Supp. 72-6414and 72-64c01 and repealing the existing sections, by Legislative Com-mittee on Post Audit.

HB 2182, An act concerning the department of health and environ-ment; requiring the Kansas air quality act be consistent and uniformwith the federal clean air act; amending K.S.A. 19-101a, 65-3012 andK.S.A. 2008 Supp. 65-3005 and 65-3008a and repealing the existing sec-tions, by Committee on Energy and Utilities.

HB 2183, An act concerning school districts; relating to state aid forcapital improvements and capital outlay; amending K.S.A. 2008 Supp.72-8814 and 75-2319 and repealing the existing sections..

HB 2184, An act concerning school districts; enacting the abstinenceplus (A+) education act, by Committee on Education.

HB 2185, An act relating to public moneys; concerning reciprocal de-posit programs; amending K.S.A. 9-1407 and K.S.A. 2008 Supp. 12-1675and 75-4237 and repealing the existing sections, by Committee on Fi-nancial Institutions.

HB 2186, An act concerning amusement rides; amending K.S.A. 2008Supp. 44-1601 and repealing the existing section, by Committee on Fed-eral and State Affairs.

HB 2187, An act concerning the Kansas expanded lottery act; relatingto gaming facility investment and racetrack gaming facility manage-ment; amending K.S.A. 2008 Supp. 74-8734, 74-8736, 74-8741 and 74-8747 and repealing the existing sections, by Committee on Federal andState Affairs.

HB 2188, An act amending the vehicle dealers and manufacturerslicensing act; providing for a dealer-hauler full-privilege trailer licenseplate; amending K.S.A. 8-2406 and 8-2425 and repealing the existingsections, by Committee on Transportation.

HB 2189, An act concerning sales taxation; relating to exemptions;golden belt community concert association; amending K.S.A. 2008 Supp.79-3606 and repealing the existing section, by Committee on Taxation.

HB 2190, An act concerning sales taxation; relating to exemptions;Steve King foundation; amending K.S.A. 2008 Supp. 79-3606 and re-pealing the existing section, by Committee on Taxation.

HB 2191, An act concerning income taxation; relating to credits; serv-ice by certain volunteer firefighters and EMS providers, by Committeeon Taxation.

HB 2192, An act concerning sales taxation; relating to exemptions;Kansas state firefighters association; amending K.S.A. 2008 Supp. 79-3606 and repealing the existing section, by Committee on Taxation.

HB 2193, An act concerning campaign finance; removing requirementfor candidates for certain state offices to file reports with county electionofficials; amending K.S.A. 2008 Supp. 25-4148 and repealing the existingsection, by Committee on Local Government.

HB 2194, An act concerning the state use law; relating to certain pur-chases by school districts; amending K.S.A. 2008 Supp. 75-3319 and re-pealing the existing section, by Committee on Government Efficiencyand Fiscal Oversight.

HB 2195, An act concerning state records; relating to maintenance andcertification of electronic records; amending K.S.A. 45-406 and 75-3519and repealing the existing sections, by Committee on Government Ef-ficiency and Fiscal Oversight.

HB 2196, An act concerning taxation; relating to property tax exemp-tion for renewable energy resources and technologies; amending K.S.A.

2008 Supp. 79-201 and repealing the existing section, by Committee onEnergy and Utilities.

HB 2197, An act concerning state educational institutions; relating tothe admission of students thereto; amending K.S.A. 76-717 and repeal-ing the existing section, by Committee on Higher Education.

HB 2198, An act regarding health insurance; relating to cafeteriaplans, health savings accounts, high deductible health insurance plansand small employers; amending K.S.A. 2008 Supp. 40-2240, 40-2261 and75-6501 and repealing the existing sections, by Committee on Healthand Human Services.

HB 2199, An act concerning school districts; establishing the earlyliteracy protocol for Kansas schools, by Committee on Education.

HB 2200, An act concerning school districts; relating to the transpor-tation weighting; amending K.S.A. 72-6411 and repealing the existingsection, by Committee on Education.

HB 2201, An act concerning child support enforcement; relating toconditions placed on licensees; amending K.S.A. 74-147 and repealingthe existing section, by Committee on Judiciary.

HB 2202, An act concerning enforcement of laws pertaining to unlaw-ful immigration; amending K.S.A. 21-3830, 22-2802 and 25-2416 and re-pealing the existing sections, by Representatives Kinzer and A. Brown,Crum, Donohoe, Huebert, Kiegerl, Myers, Patton and Watkins.

HB 2203, An act concerning crimes and punishment; relating to sex-ually violent crimes, by Representative Kinzer.

HB 2204, An act concerning criminal procedure; relating to the issu-ance of warrants or summons; amending K.S.A. 22-2302 and repealingthe existing section, by Committee on Judiciary.

HB 2205, An act concerning public postsecondary education; con-cerning residents for purposes of tuition and other fees; amendingK.S.A. 2008 Supp. 76-729 and repealing the existing section; also re-pealing K.S.A. 2008 Supp. 76-731a, by Representatives Kinzer and A.Brown, Donohoe, Huebert, Kiegerl, Mast, Myers, Otto, Patton and Peck.

HB 2206, An act concerning abortion; regarding restrictions on lateterm and partial birth abortions; amending K.S.A. 65-445, 65-6701, 65-6703, 65-6709 and 65-6721 and K.S.A. 2008 Supp. 65-2836 and repealingthe existing sections; also repealing K.S.A. 65-6713, by RepresentativesKinzer and A. Brown, Brunk, Donohoe, Faber, Goico, Huebert, Kiegerl,Knox, Lukert, Mast, McLeland, Meier, Myers, O’Brien, Olson, Otto, Pat-ton, Pauls, Peck, Powell, Watkins and Williams.

HB 2207, An act concerning criminal procedure; relating to releaseprior to trial; costs; amending K.S.A. 22-2802 and repealing the existingsection, by Committee on Corrections and Juvenile Justice.

HB 2208, An act concerning children in need of care; relating to thedepartment of social and rehabilitation services; duties; amendingK.S.A. 2008 Supp. 38-2230 and repealing the existing section, by Com-mittee on Corrections and Juvenile Justice.

HB 2209, An act concerning court-ordered evaluations; relating tolimitations on charges to counties and the state, by Social ServicesBudget Committee.

HB 2210, An act concerning the Kansas code for care of children;relating to jurisdiction; amending K.S.A. 2008 Supp. 38-2203 and re-pealing the existing section, by Committee on Appropriations.

HB 2211, An act concerning the Kansas code for care of children;relating to placement of children into custody; amending K.S.A. 2008Supp. 38-2232, 38-2242, 38-2243 and 38-2255 and repealing the existingsections, by Committee on Appropriations.

HB 2212, An act relating to vehicles; concerning the registration oftrailers; amending K.S.A. 2008 Supp. 8-128 and 8-143 and repealing theexisting sections, by Committee on Appropriations.

HB 2213, An act concerning the veterinary training program for ruralKansans; relating to certain loans and agreements; amending K.S.A.2008 Supp. 76-4,112 and repealing the existing section, by Committeeon Agriculture and Natural Resources.

HB 2214, An act relating to insurance; concerning risk-based capitalrequirements; amending K.S.A. 2008 Supp. 40-2c01 and repealing theexisting section; also repealing K.S.A. 2008 Supp. 40-2c01a, by Commit-tee on Insurance.

HB 2215, An act concerning governmental ethics; prohibiting the useof public funds for lobbying, by Committee on Elections.

HB 2216, An act concerning contracts with state agencies; amendingK.S.A. 75-37,104 and K.S.A. 2008 Supp. 75-3739, 75-3740 and 75-37,132and repealing the existing sections, by Committee on Elections.

HB 2217, An act concerning certain telephone calls; pertaining to tel-ephone calls for political purposes; amending K.S.A. 50-670 and re-pealing the existing section, by Representative Swenson.

(continued)


Legislative Bills162 Kansas Register

HB 2218, An act enacting the healthy workplace act; relating to abu-sive work environments; prohibiting certain acts and providing certainremedies for violations, by Representatives Swenson, Burroughs, Crow,Davis, Flaharty, Garcia and Mah.

HB 2219, An act concerning the Kansas performance measurementcommission; amending K.S.A. 2008 Supp. 74-72,121 and repealing theexisting section, by Committee on Government Efficiency and FiscalOversight.

HB 2220, An act concerning child care; relating to certain licensed andregistered facilities; amending K.S.A. 65-504, 65-505, 65-521, 65-522, 65-523 and 65-524 and K.S.A. 2008 Supp. 65-526 and repealing the existingsections, by Committee on Health and Human Services.

HB 2221, An act concerning child care; disclosure of certain infor-mation; amending K.S.A. 2008 Supp. 65-525 and repealing the existingsection, by Committee on Health and Human Services.

HB 2222, An act concerning state agencies; relating to the collectionof licenses, fees, charges, taxes and exactions, by Committee on Gov-ernment Efficiency and Fiscal Oversight.

HB 2223, An act concerning child care; family day care homes;amending K.S.A. 65-504, 65-506, 65-523, 65-524, 65-529, 65-530 and 65-531 and K.S.A. 2008 Supp. 65-503, 65-516, 65-525 and 65-526 and re-pealing the existing sections; also repealing K.S.A. 65-517, 65-518, 65-519, 65-520, 65-521 and 65-522, by Committee on Health and HumanServices.

HB 2224, An act concerning the state corporation commission; relat-ing to compressed air energy storage, by Committee on Energy andUtilities.

HB 2225, An act concerning utilities; relating to electric power pur-chase, by Committee on Energy and Utilities.

HB 2226, An act concerning criminal procedure; relating to grandjuries; amending K.S.A. 22-3001 and repealing the existing section, byRepresentative Kinzer.

HB 2227, An act concerning school districts; creating the autism schol-arship program; relating to the administration thereof; amending K.S.A.2008 Supp. 72-6407 and repealing the existing section, by Representa-tives Kinzer and Kiegerl.

HB 2228, An act concerning private postsecondary institutions ofhigher education; relating to eligibility under the Kansas comprehensivegrant program; amending K.S.A. 2008 Supp. 74-32,120 and repealingthe existing section, by Representative Horst.

HB 2229, An act concerning visitation in medical care facilities andadult care homes, by Representative Flaharty.

HB 2230, An act establishing the advisory council on pain and symp-tom management, by Representative Benlon.

HB 2231, An act relating to insurance; concerning mental health par-ity; amending K.S.A. 2008 Supp. 40-2,105, 40-2,105a and 40-2258 andrepealing the existing sections, by Committee on Health and HumanServices.

HB 2232, An act concerning corrections advisory boards; relating tomembership; amending K.S.A. 2008 Supp. 75-5297 and repealing theexisting section, by Committee on Corrections and Juvenile Justice.

HB 2233, An act concerning criminal procedure; relating to appeals;release or discharge of defendant; amending K.S.A. 22-3604 and re-pealing the existing section, by Committee on Corrections and JuvenileJustice.

HB 2234, An act concerning sexual abuse; amending K.S.A. 21-3503,21-3504, 21-3508, 21-3512, 21-3516, 21-3517, 21-3518 and 60-3102 andrepealing the existing sections, by Committee on Corrections and Ju-venile Justice.

HB 2235, An act concerning motor vehicles; relating to fleeing or elud-ing a police officer; amending K.S.A. 8-1568 and repealing the existingsection, by Committee on Corrections and Juvenile Justice.

HB 2236, An act relating to crimes, criminal procedure and punish-ments; concerning drug crimes; recodification of certain statutes;amending K.S.A. 12-4419, 12-4509, 21-2501, 21-3436, 21-3608a, 21-3718,21-3826, 21-4203, 21-4204, 21-4226, 21-4502, 21-4603d, 21-4708, 21-4713,21-4717, 21-4729, 22-2512, 22-2515, 22-2909, 22-3901, 36-601, 36-604, 60-427, 65-4102, 65-4127c, 65-4139 and 79-5201 and K.S.A. 2008 Supp. 8-2,128, 8-1567, 12-4104, 21-4704, 21-4705, 21-4714, 22-4902, 38-2255, 44-706, 59-2132, 59-29b46, 60-4104, 65-516, 72-1397, 72-5445, 72-89c01,75-7c04, 75-52,144 and 76-11a13 and repealing the existing sections; alsorepealing K.S.A. 21-4214, 21-4215, 65-4105a, 65-4127d, 65-4141, 65-4142,65-4155, 65-4158, 65-4164 and 65-4165 and K.S.A. 2008 Supp. 65-4150,65-4151, 65-4152, 65-4153, 65-4159, 65-4159a, 65-4160, 65-4161, 65-4162,

65-4163, 65-4166, 65-4168 and 65-4168a, by Committee on Correctionsand Juvenile Justice.

HB 2237, An act concerning school districts; relating to school finance;amending K.S.A. 2008 Supp. 72-6413 and repealing the existing section,by Committee on Education.

HB 2238, An act concerning construction contracts; relating to reten-tion in public and private construction contracts; amending K.S.A. 16-1802, 16-1804, 16-1902 and 16-1904 and repealing the existing sections,by Committee on Commerce and Labor.

HB 2239, An act concerning school districts; enacting the Kansas uni-form financial accounting and reporting act; amending K.S.A. 2008Supp. 72-8254 and repealing the existing section, by Committee on Ap-propriations.

HB 2240, An act concerning utilities; relating to the Kansas under-ground utility damage prevention act; amending K.S.A. 66-1802, 66-1804, 66-1805 and 66-1806 and repealing the existing sections; also re-pealing K.S.A. 66-1802, as amended by Section 5 of Chapter 122 of the2008 Session Laws of Kansas, K.S.A. 66-1804, as amended by Section 6of Chapter 122 of the 2008 Session Laws of Kansas, K.S.A. 66-1805, asamended by Section 7 of Chapter 122 of the 2008 Session Laws of Kansasand K.S.A. 66-1806, as amended by Section 8 of Chapter 122 of the 2008Session Laws of Kansas, by Committee on Appropriations.

HB 2241, An act concerning oil and gas; relating to the state corpo-ration commission regulation of certain wells; amending K.S.A. 55-165and repealing the existing section, by Committee on Agriculture andNatural Resources.

HB 2242, An act concerning the state long-term care ombudsman;relating to the authority of the state long-term care ombudsman; amend-ing K.S.A. 2008 Supp. 75-7306 and repealing the existing section, byRepresentative Sloan.

HB 2243, An act concerning the state board of cosmetology; amendingK.S.A. 65-1904 and repealing the existing section, by Committee onHealth and Human Services.

HB 2244, An act concerning campaign finance; pertaining to unitem-ized contributions, by Committee on Elections.

HB 2245, An act amending the fair credit reporting act; relating toplacing a security freeze on consumer reports; amending K.S.A. 2008Supp. 50-702 and 50-723 and repealing the existing sections, by Repre-sentatives Rardin and Worley, Bowers, Burgess, Burroughs, Flaharty,Frownfelter, Garcia, Henderson, Hill, Huntington, Kleeb, Kuether, Lu-kert, Maloney, McCray-Miller, Moxley, Pottorff, Prescott, Quigley, Spal-ding, Swanson, Tietze, Trimmer, Vickrey, Wetta, Winn and K. Wolf.

HB 2246, An act concerning cities; relating to nuisance abatement andpowers of certain neighborhood associations, by Committee on Taxa-tion.

HB 2247, An act concerning cities; relating to rehabilitation of aban-doned houses; amending K.S.A. 2008 Supp. 12-1750, 12-1756a and 12-1756g and repealing the existing sections, by Committee on Taxation.

HB 2248, An act concerning sales taxation; relating to exemptions;certain organizations providing services for seniors; amending K.S.A.2008 Supp. 79-3606 and repealing the existing section, by Representa-tives Trimmer and Wetta.

HB 2249, An act concerning the Kansas whistleblower act; regardingprotection for whistleblowers; amending K.S.A. 25-4161 and 46-256 andK.S.A. 2008 Supp. 75-2929d, 75-2973 and 75-7427 and repealing the ex-isting sections, by Committee on Government Efficiency and FiscalOversight.

HB 2250, An act concerning the rules of evidence; relating to admis-sibility of prior acts or offenses of sexual misconduct; amending K.S.A.60-455 and repealing the existing section, by Committee on Judiciary.

HB 2251, An act creating the energy technology research initiative;amending K.S.A. 2008 Supp. 79-4227 and repealing the existing section,by Committee on Energy and Utilities.

HB 2252, An act concerning postsecondary technical education; re-lating to funding therefor; repealing K.S.A. 71-1706, 72-4431 and 72-4432, by Representatives M. Holmes, George and Kelley.

HB 2253, An act concerning homeowners’ associations and associa-tions of apartment owners; relating to certain duties, required proce-dures, attorney fees, dispute resolution and duties of the attorney gen-eral, by Committee on Local Government.

HB 2254, An act concerning wildlife and parks; relating to lifetimelicenses; amending K.S.A. 2008 Supp. 32-980 and repealing the existingsection, by Committee on Veterans, Military and Homeland Security.

HB 2255, An act relating to motor vehicles; providing for an I’m petfriendly license plate; amending K.S.A. 2008 Supp. 8-1,141 and repealingthe existing section, by Representative Meier.


Legislative Bills 163Kansas Register

HB 2256, An act concerning elections; pertaining to preregistration ofcertain persons; amending K.S.A. 25-2352 and K.S.A. 2008 Supp. 25-2309and 25-2320 and repealing the existing sections, by Representative Talia.

HB 2257, An act concerning labor and employment; relating to com-pensatory time off; family time flexibility agreements, by RepresentativeTalia.

HB 2258, An act relating to the vehicle dealers and manufacturerslicensing act; providing for the licensing and regulation of certain deal-ers; amending K.S.A. 8-135c, 8-1,137, 8-2408, 8-2434 and 8-2436 andK.S.A. 2008 Supp. 8-2401 and 8-2404 and repealing the existing sections,by Committee on Transportation.

HB 2259, An act concerning health care; duties of the Kansas healthpolicy authority, by Committee on Health and Human Services.

HB 2260, An act concerning the Kansas home inspectors professionalcompetence and financial responsibility act; amending K.S.A. 2008Supp. 58-4502, 58-4503, 58-4504, 58-4505, 58-4506, 58-4509, 58-4510, 58-4511 and 58-4512 and repealing the existing sections; also repealingK.S.A. 2008 Supp. 58-4513, by Committee on Commerce and Labor.

HB 2261, An act concerning income taxation; relating to deductions;withdrawals from retirement accounts; amounts used as collateral; pre-scribing certain duties of secretary of commerce; amending K.S.A. 2008Supp. 79-32,117 and repealing the existing section; also repealing K.S.A.2008 Supp. 79-32,117m, by Representative Talia.

HB 2262, An act concerning health care; relating to insurance andhealth reimbursement arrangements; amending K.S.A. 2008 Supp. 40-2209, 40-3209 and 75-7432 and repealing the existing sections. By Com-mittee on Health and Human Services

HB 2263, An act concerning crimes and punishment; establishing ag-gravated driving under the influence; relating to existing driving underthe influence law; amending K.S.A. 8-1005, 8-1008, 8-1009, 8-1017, 8-1019 and 8-1567a and K.S.A. 2008 Supp. 8-1001, 8-1012, 8-1013, 8-1014,8-1022, 8-1567 and 21-4704 and repealing the existing sections; also re-pealing K.S.A. 21-3442, by Representatives Kinzer and Jack.

HB 2264, An act concerning civil procedure; relating to wrongfuldeath; amending K.S.A. 60-1903 and repealing the existing section, byCommittee on Federal and State Affairs.

HB 2265, An act concerning the legislative post audit act; relating toperiodic audits of the state treasurer and the pooled money investmentboard; transition audits; amending K.S.A. 2008 Supp. 46-1106 and re-pealing the existing section, by Legislative Post Audit Committee.

HB 2266, An act concerning service members; relating to civil relief;enacting the Kansas military service relief act, by Committee on Taxa-tion.

HB 2267, An act concerning the Kansas commission on veterans af-fairs; relating to the membership thereof; amending K.S.A. 73-1208a andrepealing the existing section, by Committee on Veterans, Military andHomeland Security.

HB 2268, An act concerning cigarette lighters; prohibiting the sale ofnovelty cigarette lighters, by Committee on Federal and State Affairs.

HB 2269, An act concerning property taxation; relating to exemptions;certain housing for the elderly, persons with disabilities or persons withlow income; amending K.S.A. 2008 Supp. 79-201z and repealing theexisting section, by Committee on Taxation.

HB 2270, An act concerning income taxation; relating to apportion-ment of business income; amending K.S.A. 2008 Supp. 79-3279 and re-pealing the existing section, by Committee on Taxation.

HB 2271, An act concerning the department of health and environ-ment; relating to rules and regulations for underground hydrocarbonstorage wells; amending K.S.A. 55-1,117 and repealing the existing sec-tion, by Committee on Energy and Utilities.

HB 2272, An act concerning intensive groundwater use control areas;amending K.S.A. 82a-1036 and repealing the existing section, by Com-mittee on Appropriations.

HB 2273, An act concerning state agencies; providing for the devel-opment and implementation of a zero-based budget process, by Com-mittee on Government Efficiency and Fiscal Oversight.

HB 2274, An act relating to insurance; concerning individual healthinsurance, by Committee on Insurance.

HB 2275, An act establishing a program of random drug screeningfor public assistance applicants and recipients; amending K.S.A. 2008Supp. 39-709 and 60-4117 and repealing the existing sections, by Rep-resentative Kelley.

HB 2276, An act relating to healthy marriages and strong familiesgrant program, by Representative Rhoades.

House Concurrent ResolutionsHCR 5007, A concurrent resolution providing for a joint session of

the Senate and House of Representatives for the purpose of hearing amessage from the Supreme Court.

HCR 5008, A concurrent resolution concerning endorsement of theUnified Greeley County government.

HCR 5009, A concurrent resolution regarding the Kansas Legisla-ture’s opposition to the relocation of the Guantanamo Bay detainees toFt. Leavenworth, Kansas or elsewhere within Kansas and urging thePresident of the United States and other members of the federal exec-utive branch, to not consider Ft. Leavenworth or elsewhere in Kansasas a potential site for the relocation of the Guantanamo Bay detainees.

HCR 5010, A proposition to amend section 11 of article 1 of the con-stitution of the state of Kansas, relating to filling vacancies in executiveoffices.

House ResolutionsHR 6007, A resolution proclaiming February 3, 2009, as Kansas Hu-

man Resource Day.HR 6008, A resolution encouraging participation in the American

Heart Association’s Go Red for Women campaign.

Senate BillsSB 140, An act relating to property taxation; enacting the senior citi-

zen property tax deferral act, by Committee on Assessment and Taxa-tion.

SB 141, An act concerning the division of post audit; transferring theinspector general and the office of the inspector general from the Kansashealth policy authority to the division of post audit; amending K.S.A.2008 Supp. 75-7427 and repealing the existing section, by Committee onJudiciary.

SB 142, An act concerning transportation; relating to designation ofcertain highway segments as safety corridors by the secretary of trans-portation; establishing the traffic safety corridor fund; amending K.S.A.2008 Supp. 8-2118 and repealing the existing section, by Committee onTransportation.

SB 143, An act enacting the Kansas immigration accountability act,by Committee on Federal and State Affairs.

SB 144, An act concerning planning and zoning; dealing with certaineasements; amending K.S.A. 19-2633 and 19-2961 and K.S.A. 2008 Supp.12-752 and repealing the existing sections, by Committee on Federal andState Affairs.

SB 145, An act regulating traffic; concerning driving in the right lane;amending K.S.A. 8-1522 and repealing the existing section, by Commit-tee on Federal and State Affairs.

SB 146, An act concerning the Kansas public employees retirementsystem; relating to computation of benefits for officers and employeeswhen the rate of computation is reduced or placed on furlough; amend-ing K.S.A. 74-49,115 and repealing the existing section, by Committeeon Ways and Means.

SB 147, An act concerning the department of health and environment;relating to HIV screening for pregnant women and newborn children;rules and regulations, by Committee on Public Health and Welfare.

SB 148, An act concerning missing elderly persons; establishing theKansas silver alert plan, by Committee on Judiciary.

SB 149, An act concerning school districts; relating to school finance;relating to supplemental general state aid; amending K.S.A. 2008 Supp.72-6434 and repealing the existing section, by Committee on Education.

SB 150, An act concerning postsecondary education; establishing theKPERS eligible educational program, by Senator Abrams.

SB 151, An act concerning medicaid; relating to charitable donationsby certain persons, by Committee on Ways and Means.

SB 152, An act concerning motor carriers; relating to regulationthereof; amending K.S.A. 2008 Supp. 66-1,129 and repealing the existingsection, by Committee on Transportation.

SB 153, An act concerning motor vehicles; concerning the regulationthereof; relating to motor carriers; amending K.S.A. 2008 Supp. 66-1,108and 66-1,109 and repealing the existing sections, by Committee onTransportation.

SB 154, An act concerning civil procedure; relating to habeas corpus;infectious disease; amending K.S.A. 60-1505 and repealing the existingsection, by Committee on Judiciary.

(continued)


Legislative Bills164 Kansas Register

SB 155, An act concerning the secretary of health and environment;relating to powers and duties; fingerprinting and criminal history re-cords checks for certain employees; amending K.S.A. 65-2402 and re-pealing the existing section, by Committee on Judiciary.

SB 156, An act concerning corporations; relating to close corporations;amending K.S.A. 17-7207 and repealing the existing section, by Com-mittee on Judiciary.

SB 157, An act relating to drivers’ licenses; concerning driver im-provement clinics; providing for the disposition of certain moneys;amending K.S.A. 2008 Supp. 8-255 and 8-267 and repealing the existingsections, by Committee on Judiciary.

SB 158, An act concerning driver’s licenses; relating to restrictions forcertain persons; amending K.S.A. 2008 Supp. 8-2110 and repealing theexisting section, by Committee on Judiciary.

SB 159, An act concerning tobacco; relating to the enforcement of thelaws regarding the sale of cigarettes; amending K.S.A. 50-6a04 and re-pealing the existing section, by Committee on Judiciary.

SB 160, An act concerning the minimum wage and maximum hourslaw; amending K.S.A. 44-1203 and repealing the existing section, bySenators Francisco, Faust-Goudeau, Haley, Hensley, Holland, Kelly,Kutala, Reitz, Steineger and Wysong.

SB 161, An act concerning recreation commissions; amending K.S.A.2008 Supp. 12-1928 and repealing the existing section, by Committee onEducation.

SB 162, An act concerning school districts; relating to disability his-tory and awareness, by Committee on Education.

SB 163, An act amending the consumer protection act; amendingK.S.A. 50-624 and 50-626 and repealing the existing sections, by Com-mittee on Financial Institutions and Insurance.

SB 164, An act concerning municipalities; concerning official news-papers and official municipality internet web sites; amending K.S.A. 12-1651 and 64-101 and repealing the existing sections, by Committee onWays and Means.

SB 165, An act concerning the state water plan fund; relating to in-creasing fees that contribute to the fund; amending K.S.A. 70a-102 andK.S.A. 2008 Supp. 2-1205, 2-2204, 82a-954 and 82a-2101 and repealingthe existing sections, by Committee on Ways and Means.

SB 166, An act repealing K.S.A. 2008 Supp. 39-7,121b; relating to med-ication for medicaid recipients, by Committee on Ways and Means.

SB 167, An act concerning public health; relating to hospitals andrelated facilities; increasing the enforceable limit of a hospital lien;amending K.S.A. 65-406 and repealing the existing section, by Commit-tee on Ways and Means.

SB 168, An act concerning electronic transactions; making certain actsunlawful; amending K.S.A. 16-1617 and repealing the existing section,by Committee on Ways and Means.

SB 169, An act concerning the Kansas act against discrimination; re-lating to sexual orientation; gender identity; amending K.S.A. 44-1001,44-1002, 44-1004, 44-1006, 44-1009, 44-1015, 44-1016, 44-1017, 44-1027and 44-1030 and K.S.A. 2008 Supp. 44-1005 and repealing the existingsections, by Committee on Federal and State Affairs.

SB 170, An act providing for establishment of a data bank of availableinterpreters for certain purposes and development of qualifications forinterpreters, by Committee on Public Health and Welfare.

SB 171, An act concerning Sherman county; pertaining to the electionof county commissioners; amending K.S.A. 19-201, 19-202, 19-203, 19-204 and 19-204a and repealing the existing sections, by Senator Ost-meyer.

SB 172, An act amending the Kansas insurance score act; relating toprohibited acts; amending K.S.A. 2008 Supp. 40-5104 and repealing theexisting section, by Committee on Ways and Means.

SB 173, An act relating to the state health care benefits program; con-cerning certain retired officers and employees; amending K.S.A. 2008Supp. 75-6501 and repealing the existing section, by Committee on Waysand Means.

SB 174, An act concerning group life insurance; removing mandatoryparticipation requirements; amending K.S.A. 2008 Supp. 40-433 and re-pealing the existing section, by Committee on Ways and Means.

SB 175, An act concerning school districts; relating to the powers andduties thereof, by Senator McGinn.

SB 176, An act concerning the state board of regents; relating to theelection of the members thereof; amending K.S.A. 25-101, 25-101a, 25-212, 25-617, 25-1116, 25-1118, 25-2503, 25-2505, 25-3905, 25-3906, 25-4001,25-4153, 25-4304 and 74-3202a and K.S.A. 2008 Supp. 25-205, 25-213, 25-

611, 25-3107, 25-3902a and 25-4119f and repealing the existing sections,by Senator Pilcher-Cook.

SB 177, An act concerning income taxation; relating to credits; adop-tion expenses; amending K.S.A. 2008 Supp. 79-32,202 and repealing theexisting section, by Committee on Assessment and Taxation.

SB 178, An act concerning amusement rides; amending K.S.A. 2008Supp. 44-1601 and repealing the existing section, by Committee on Fed-eral and State Affairs.

SB 179, An act concerning racial and other profiling; relating to thegovernor’s task force, adoption of policies against and investigation ofcomplaint; amending K.S.A. 22-4606, 22-4607, 22-4609, 22-4610 and 22-4611 and K.S.A. 2008 Supp. 74-9501 and repealing the existing sections,by Committee on Federal and State Affairs.

SB 180, An act concerning the Kansas cigarette and tobacco productsact; relating to certain unlawful acts; self-service displays; amendingK.S.A. 2008 Supp. 79-3301 and 79-3321 and repealing the existing sec-tions, by Committee on Public Health and Welfare.

SB 181, An act relating to insurance; concerning mental health parity;amending K.S.A. 2008 Supp. 40-2,105, 40-2,105a and 40-2258 and re-pealing the existing sections, by Committee on Public Health and Wel-fare.

SB 182, An act concerning air quality; relating to urban counties; reg-ulation of diesel emissions, by Committee on Natural Resources.

SB 183, An act concerning solid waste; relating to management plans;amending K.S.A. 2008 Supp. 65-3410 and repealing the existing section,by Committee on Natural Resources.

SB 184, An act enacting the Kansas surface owner notice act; relatingto oil and gas operations; state corporation commission, by Committeeon Natural Resources.

SB 185, An act concerning water rights; relating to abandonment andtermination; due and sufficient cause for nonuse; amending K.S.A. 2008Supp. 82a-718 and repealing the existing section, by Committee on Ag-riculture.

SB 186, An act concerning the offices of the governor and lieutenantgovernor; relating to vacancies therein, by Senator Pyle.

SB 187, An act enacting the state fire marshal commissioned inspectoract, by Committee on Ways and Means.

SB 188, An act concerning civil procedure; relating to wage garnish-ment; amending K.S.A. 60-2310 and repealing the existing section, byCommittee on Ways and Means.

SB 189, An act concerning the secretary of commerce; creating anoutfitter license; prescribing requirements therefor, by Committee onNatural Resources.

SB 190, An act concerning election crimes; amending K.S.A. 25-2425and repealing the existing section, by Senator Haley.

SB 191, An act concerning electronic voting machines; requiring averifiable paper trail; amending K.S.A. 2008 Supp. 25-4406 and repeal-ing the existing section, by Senators Haley and Faust-Goudeau.

SB 192, An act concerning income taxation; relating to credits; motor-fuel taxes paid by certain persons, by Senator Pyle.

SB 193, An act concerning elections; pertaining to vacancy in the of-fice of United States senator; amending K.S.A. 25-318 and repealing theexisting section, by Senator Pyle.

SB 194, An act concerning school districts; relating to school finance;relating to the at-risk weighting; amending K.S.A. 2008 Supp. 72-6407and 72-6414 and repealing the existing sections, by Legislative Com-mittee on Post Audit.

SB 195, An act relating to insurance; providing reimbursement fororally administered anticancer medications; amending K.S.A. 2008Supp. 40-2,103 and 40-19c09 and repealing the existing sections, by Sen-ator Wagle.

SB 196, An act concerning retirement and pensions; relating to em-ployment after retirement; retirants employed by third-party entities;amending K.S.A. 2008 Supp. 74-4914 and repealing the existing section,by Joint Committee on Pensions, Investments and Benefits.

SB 197, An act concerning property taxation; relating to valuation andassessment; amending K.S.A. 79-411, 79-501, 79-5a04 and 79-1439a andK.S.A. 2008 Supp. 79-412, 79-1439, 79-1448 and 79-1606 and repealingthe existing sections, by Senators Pilcher-Cook, Brownlee, Huelskamp,Masterson, Petersen and Wagle.

SB 198, An act concerning counties; relating to the establishment ofcounty consolidation commission, by Senator Steineger.

SB 199, An act concerning state agencies; relating to expendituresthereof, by Senator Hensley.


Legislative Bills/Hearings 165Kansas Register

SB 200, An act concerning board of healing arts; relating to regula-tions of certain allied health professionals; amending K.S.A. 65-2006, 65-2014, 65-28a01, 65-28a05, 65-5401, 65-5501, 65-7201 and 65-7204 andK.S.A. 2008 Supp. 65-2910, 65-2912, 65-2922, 65-5410, 65-5510, 65-6901,65-7208, 65-7301 and 65-7313 and repealing the existing sections, byCommittee on Public Health and Welfare.

SB 201, An act concerning the display of the flag of the United Statesat half-staff, by Senators Haley, Apple, Barnett, Bruce, Faust-Goudeau,Hensley, Holland, Kelly, Kelsey, Marshall, Masterson, Petersen, D.Schmidt and Schodorf.

SB 202, An act concerning abortion; amending K.S.A. 65-445 and 65-6703 and repealing the existing sections, by Senator Taddiken.

SB 203, An act concerning the secretary of agriculture; relating topowers and duties; amending K.S.A. 36-515 and K.S.A. 2008 Supp. 36-503, 36-510 and 74-598 and repealing the existing sections, by Committeeon Agriculture.

SB 204, An act concerning the secretary of agriculture; relating to foodsafety and lodging; disposition of moneys; creating the food safety andlodging fee fund; amending K.S.A. 2008 Supp. 74-591 and repealing theexisting section; also repealing K.S.A. 2008 Supp. 36-512, by Committeeon Agriculture.

SB 205, An act concerning the development finance authority; relatingto the refunding of bonds; amending K.S.A. 2008 Supp. 74-8905 andrepealing the existing section, by Committee on Ways and Means.

SB 206, An act amending the Kansas insurance score act; definitions;amending K.S.A. 2008 Supp. 40-5103 and repealing the existing section,by Senators Faust-Goudeau, Kelsey and Masterson.

SB 207, An act making and concerning appropriations for the fiscalyears ending June 30, 2010, June 30, 2011, June 30, 2012, June 30, 2013,and June 30, 2014, for the department on aging, the department of socialand rehabilitation services and the department of health and environ-ment — division of health; authorizing certain transfers, capital im-provement projects and fees, imposing certain restrictions and limita-tions, and directing or authorizing certain receipts, disbursements andacts incidental to the foregoing, by Committee on Ways and Means.

SB 208, An act concerning abolition of the death penalty; amendingK.S.A. 21-3105, 21-4364, 21-4634, 21-4635, 21-4706, 22-3405, 22-3705, 22-3717, 22-4210, 22-4505 and 22-4506 and K.S.A. 2008 Supp. 21-4619, 22-4902, 38-2255, 38-2271, 38-2312, 38-2365, 39-970, 65-5117 and 75-52,148and repealing the existing sections; also repealing K.S.A. 21-3439, 21-4622, 21-4623, 21-4624, 21-4627, 21-4629, 21-4630 and 22-3704, by Com-mittee on Ways and Means.

SB 209, An act concerning teachers; relating to the licensure thereof,by Senator Kelsey.

SB 210, An act concerning elections; relating to election commission-ers; amending K.S.A. 19-3419 and repealing the existing section, by Sen-ators Hensley and Kultala.

SB 211, An act concerning journalists; providing a privilege with re-gard to certain disclosures of information, by Senators D. Schmidt andHensley.

SB 212, An act concerning alcoholic beverages; concerning shipmentof wines, by Committee Federal and State Affairs.

SB 213, An act concerning alcoholic liquor; regarding consumptionof alcoholic liquor in public; amending K.S.A. 2008 Supp. 41-719 and41-2645 and repealing the existing sections, by Committee on Federaland State Affairs.

SB 214, An act concerning the secretary of health and environment;relating to disposal of certain solid waste; task force, by Committee onNatural Resources.

Senate Concurrent ResolutionsSCR 1606, A concurrent resolution regarding the Kansas Legisla-

ture’s opposition to the relocation of the Guantanamo Bay detainees toFt. Leavenworth, Kansas or elsewhere within Kansas and urging thePresident of the United States and other members of the federal exec-utive branch, to not consider Ft. Leavenworth or elsewhere in Kansasas a potential site for the relocation of the Guantanamo Bay detainees.

SCR 1607, A proposition to amend section 1 of article 11 of the con-stitution of the state of Kansas, relating to the definition of public utility.

Senate ResolutionsSR 1808, A resolution congratulating and commending the West Elk

High School boys’ track and field team.SR 1809, A resolution recognizing Justin Cessna for bringing the issue

of health care provider coverage of bariatric surgical procedures to theattention of the Kansas Legislature and thanking the individuals whohelped him receive this life-saving procedure.

SR 1810, A resolution congratulating and commending the Moun-dridge High School debate team on becoming the 2009 3-2-1A FourSpeaker Debate state champion.Doc. No. 036682

State of KansasDepartment of Health

and EnvironmentNotice of Hearing

A public hearing will be conducted at 1 p.m. Monday,March 23, in the Bison Room of the Capitol Plaza Hotel,1717 S.W. Topeka Blvd., Topeka, to amend the KansasPublic Water Supply Loan Fund (KPWSLF) 2009 In-tended Use Plan (IUP). This amendment would describethe use of any federal stimulus funds made available tothe program, which may include the use of negative in-terest rates or principal forgiveness. Copies of the draftamended 2009 IUP can be obtained by calling WilliamCarr at (785) 296-0735 or by e-mail at [email protected].

Any individual with a disability may request accom-modation to participate in the public hearing. Requestsfor accommodation should be made at least five workingdays before the hearing by contacting Linda White at(785) 296-5514.

Comments can be presented at the hearing or in writingprior to the hearing. Written comments should be ad-dressed to Linda White, KDHE, Bureau of Water, 1000S.W. Jackson, Suite 420, Topeka, 66612.

Roderick L. BrembySecretary of Health

and EnvironmentDoc. No. 036684


and EnvironmentNotice of Hearing

A public hearing will be conducted at 10 a.m. MondayMarch 23, at the Capitol Plaza Hotel, 1717 S.W. TopekaBlvd., Topeka, to amend the SFY 2009 Kansas Water Pol-lution Control Revolving Fund (KWPCRF) 2009 ProjectPriority List and Intended Use Plan (IUP). These amend-ments would describe the use of any federal stimulusfunds made available to the program, which may includethe use of principal forgiveness. The draft amended SFY2009 IUP is available on the KDHE Web site at http://www.kdheks.gov/mun/index.htm.

Any individual with a disability may request accom-modation to participate in the public hearing. Requestsfor accommodation should be made at least five workingdays before the hearing by contacting Betty Messenger at(785) 296-5525.

Any questions should be directed by e-mail to [email protected] or to Rodney R. Geisler, P.E. Chief, Mu-nicipal Programs Section, Bureau of Water, KDHE, Suite420, Curtis Building, 1000 S.W. Jackson, Topeka, 66612-1367. Comments can be presented at the hearing, by e-mail or in writing prior to the hearing.




Notices166 Kansas Register(Published in the Kansas Register February 12, 2009.)

Norton County, KansasNotice of Intent to Seek Private Placement

$200,000General Obligation Bonds

Series 2009

Notice is hereby given that Norton County, Kansas,proposes to seek a private placement of the above-refer-enced bonds. The maximum aggregate principal amountof the bonds shall not exceed $200,000. The proposed saleof the bonds is in all respects subject to approval of a bondpurchase agreement between the issuer and the pur-chaser of the bonds and the adoption of a resolution bythe governing body of the issuer authorizing the issuanceof the bonds and the execution of various documents nec-essary to deliver the bonds.

Robert WyattCounty Clerk

Doc. No. 036700


and EnvironmentRequest for Bids

Pursuant to the Kansas Childhood Lead Poisoning Pre-vention Program, sealed bids for lead hazard reductionat the following properties will be received by the KansasDepartment of Health and Environment until 2 p.m. onthe date indicated. For more information, call (785) 296-1519:

February 27, 2009264-09-28

Project Lead Safe KCK

Property #1 3725 Ruby Ave.Kansas City, KS 66106

Property #2 427 N. 22nd St.Kansas City, KS 66102

Property #3 943 Sandusky Ave.Kansas City, KS 66101

Property #4 1323 N. 36th St.Kansas City, KS 66102

Property #5 33 S. 19th St.Kansas City, KS 66102

Property #6 70 S. CoyKansas City, KS 66101

Property #7 2910 Washington Ave.Kansas City, KS 66102

Property #8 90 S. 17th St.Kansas City, KS 66102

Property #9 6112 Farrow Ave.Kansas City, KS 66104

Property #10 5004 Waverly Ave.Kansas City, KS 66104

Property #11 2917 N. 31st St.Kansas City, KS 66104

Contractors will be required to attend a walkthroughof each property in order to be eligible to respond to theinvitation for bid. For times and actual locations, call (913)262-0796 or go to the following Web site:

http://www.unleadedks.com/contractor info.htmlThe above-referenced bid documents can be down-

loaded at the Web site listed above.Roderick Bremby

Secretary of Healthand Environment

Doc. No. 036690


and EnvironmentNotice Concerning Kansas/Federal Water

Pollution Control Permits and Applications

In accordance with Kansas Administrative Regulations28-16-57 through 63, 28-18-1 through 15, 28-18a-1 through32, 28-16-150 through 154, 28-46-7, and the authorityvested with the state by the administrator of the U.S. En-vironmental Protection Agency, various draft water pol-lution control documents (permits, notices to revoke andreissue, notices to terminate) have been prepared and/orpermit applications have been received for discharges towaters of the United States and the state of Kansas for theclass of discharges described below.

The proposed actions concerning the draft documentsare based on staff review, applying the appropriate stan-dards, regulations and effluent limitations of the state ofKansas and the Environmental Protection Agency. Thefinal action will result in a Federal National Pollutant Dis-charge Elimination System Authorization and/or a Kan-sas Water Pollution Control permit being issued, subjectto certain conditions, revocation and reissuance of thedesignated permit or termination of the designated per-mit.

Public Notice No. KS-AG-09-044/047Pending Permits for Confined Feeding Facilities

Name and Addressof Applicant

LegalDescription

ReceivingWater

Schaus DairyRichard Schaus39021 L RoadEllis, KS 67637

NW/4 of Section 35,T12S, R21W, TregoCounty

Smoky Hill RiverBasin

Kansas Permit No. A-SHTR-M005This is a new permit for an existing facility for 100 head (140 animal

units) of mature dairy cattle. A new earthen sedimentation basin andearthen wastewater retention structure, a grassed waterway, andrunoff diversion berm will be constructed to control the dairy parlorwaste and runoff from the feeding area.


LegalDescription

ReceivingWater

Timberview Farms Dairy1732 208th RoadBern, KS 66408

NW/4 of Section 26,T01S, R13E,Nemaha County

Missouri RiverBasin

Kansas Permit No. A-MONM-M008This permit is being reissued for a confined animal feeding operation

for 20 head (20 animal units) of cattle weighing more than 700


Notice 167Kansas Register

pounds, 50 head (25 animal units) of cattle weighing less than 700pounds and 300 head (420 animal units) of mature dairy cattle. Thisrepresents an increase in the permitted animal units from the pre-vious permit. The permit contains modifications consisting of a newsedimentation basin with a manure transfer pipe to the existingwastewater retention structure.


LegalDescription

ReceivingWater

Cow Camp FeedyardP.O. Box 103Ramona, KS 67475

SW/4 of Section 34,T16S, R03E,Dickinson County

Smoky Hill RiverBasin

Kansas Permit No. A-SHDK-C001 Federal Permit No. KS0086614This permit is being reissued for an existing facility with a maximum

capacity of 7,999 head (7,999 animal units) of beef cattle more than700 pounds. There is no change in the permitted animal units fromthe previous permit.


LegalDescription

ReceivingWater

Traffas Veterinary Services,PA

Vincent Traffas, DVM15012 Hwy. 204Smith Center, KS 66967

SW/4 of Section 21,T03S, R13W, SmithCounty

Solomon RiverBasin

Kansas Permit No. A-SOSM-B016This is a reissuance of a permit for an existing veterinary facility for 5

head (5 animal units) of cattle weighing greater than 700 pounds.

Public Notice No. KS-Q-09-009/024Name and Addressof Applicant

ReceivingStream

Type ofDischarge

Burlingame, City of101 E. Santa FeBurlingame KS 66413

Dragoon Creek viaSwitzler Creek

Treated DomesticWastewater

Kansas Permit No. M-MC07-OO01 Federal Permit No. KS0024694Legal Description: SW1⁄4, NE1⁄4, S14, T15S, R14E, Osage CountyFacility Description: The proposed action consists of reissuance of an

existing Kansas/NPDES Water Pollution Control permit for an ex-isting facility. The proposed permit contains limits for biochemicaloxygen demand and total suspended solids, as well as monitoringfor ammonia, E. coli, total recoverable selenium and zinc, and pH.The permit requirements are pursuant to the Kansas Surface WaterQuality Standards, K.A.R. 28-16-28(b-f), and Federal Surface WaterCriteria, and are technology based.


ReceivingStream

Type ofDischarge

Crawford CountyCommission

P.O. Box 249Girard, KS 66743

Marmaton River viaDrywood Creek viaUnnamedTributaries


Kansas Permit No. M-MC52-OO01 Federal Permit No. KS0096741Legal Description: SE1⁄4, S6, T28S, R24E, Crawford CountyFacility Description: The proposed action consists of reissuance of an

existing Kansas/NPDES Water Pollution Control permit for an ex-isting facility. The proposed permit contains limits for biochemicaloxygen demand and total suspended solids, as well as monitoringfor ammonia, E. coli and pH. The permit requirements are pursuantto the Kansas Surface Water Quality Standards, K.A.R. 28-16-28(b-f), and Federal Surface Water Criteria, and are technology based.


ReceivingStream

Type ofDischarge

Ellis, City of815 JeffersonEllis, KS 67637

Big Creek Treated DomesticWastewater

Kansas Permit No. M-SH06-OO02 Federal Permit No. KS0094145Legal Description: NE1⁄4, SE1⁄4, NW1⁄4, S9, T13S, R20W, Ellis CountyFacility Description: The proposed action consists of reissuance of an

existing Kansas/NPDES Water Pollution Control permit for an ex-isting facility. The proposed permit contains limits for biochemical

oxygen demand, total suspended solids, ammonia and E. coli, aswell as monitoring for total phosphorus, nitrate + nitrite, total Kjel-dahl nitrogen, total nitrogen, pH and effluent flow. The permitrequirements are pursuant to the Kansas Surface Water QualityStandards, K.A.R. 28-16-28(b-f), and Federal Surface Water Criteria,and are water-quality based.


ReceivingStream

Type ofDischarge

Fort Scott, City ofOne E. Third St.Fort Scott, KS 66701

Marmaton River Treated DomesticWastewater

Kansas Permit No. M-MC11-OO02 Federal Permit No. KS0095923Legal Description: SE1⁄4, S19, T25S, R25E, Bourbon CountyFacility Description: The proposed action consists of reissuance of an

existing Kansas/NPDES Water Pollution Control permit for an ex-isting facility. The Fort Scott wastewater treatment facility consistsof both an activated sludge mechanical treatment facility operatingin parallel with a three-cell aerated lagoon system. The facilities dis-charge to a common outfall. The proposed permit contains limits forbiochemical oxygen demand, total suspended solids, ammonia, E.coli and pH, as well as monitoring for total phosphorus, nitrate +nitrite, total Kjeldahl nitrogen, total nitrogen, dissolved oxygen,whole effluent toxicity, priority pollutants and effluent flow. Thepermit requirements are pursuant to the Kansas Surface Water Qual-ity Standards, K.A.R. 28-16-28(b-f), and Federal Surface Water Cri-teria, and are water-quality based.


ReceivingStream

Type ofDischarge

Lane, City ofP.O. Box 116Lane, KS 66042

PottawatomieCreek


Kansas Permit No. M-MC19-OO01 Federal Permit No. KS0081515Legal Description: SE1⁄4, SE1⁄4, SE1⁄4, S27, T18S, R21E, Franklin CountyFacility Description: The proposed action consists of reissuance of an



ReceivingStream

Type ofDischarge

Minneapolis, City218 N. RockMinneapolis, KS 67467

Solomon River viaLindsey Creek viaUnnamed Tributary


Kansas Permit No. M-SO27-OO02 Federal Permit No. KS0086304Legal Description: SW1⁄4, SW1⁄4, NE1⁄4, and NW1⁄4, NW1⁄4, SE1⁄4, S7, T11S,

R3W, Ottawa CountyFacility Description: The proposed action consists of reissuance of an

existing Kansas/NPDES Water Pollution Control permit for an ex-isting facility. The proposed permit contains limits for biochemicaloxygen demand and total suspended solids, as well as monitoringfor ammonia, E. coli, chlorides, sulfates and pH. The permit require-ments are pursuant to the Kansas Surface Water Quality Standards,K.A.R. 28-16-28(b-f), and Federal Surface Water Criteria, and aretechnology based.


ReceivingStream

Type ofDischarge

Morton International, Inc.123 N. Wacker DriveChicago, IL 60606

Arkansas River ProcessWastewater

Kansas Permit No. I-AR82-PO01 Federal Permit No. KS0000345Facility Location: 1000 Morton Drive, South Hutchinson, KS 67505Facility Description: The proposed action consists of reissuance of an

existing Kansas/NPDES Water Pollution Control permit for an ex-isting facility. This facility produces salt products using the solutionbrine mining and vacuum evaporation process. Condenser coolingwater, boil out tank overflow, noncontact cooling, cooling towerblowdown and stormwater runoff are discharged to the Arkansas

(continued)


Notice168 Kansas Register

River. Condensate, boiler blowdown, scrubber discharge, processbleeds and other recyclables are recycled back to the brine fields.The proposed permit contains limits for chlorides, total suspendedsolids, whole effluent toxicity and pH, as well as monitoring of tem-perature and flow. Contained in the permit is a schedule of compli-ance requiring the permittee to implement operational changes and/or complete facility improvements necessary to meet final chlorideeffluent limits by December 31, 2012. The permit requirements arepursuant to the Kansas Surface Water Quality Standards, K.A.R. 28-16-28(b-f), and Federal Surface Water Criteria, and are water-qualitybased.


ReceivingStream

Type ofDischarge

Mulberry, City ofP.O. Box 187Mulberry, KS 66756

Cox Creek viaUnnamed Tributary


Kansas Permit No. M-MC27-OO01 Federal Permit No. KS0087467Legal Description: NE1⁄4, SE1⁄4, S35, T28S, R25E, Crawford CountyFacility Description: The proposed action consists of reissuance of an



ReceivingStream

Type ofDischarge

Ottawa, City of101 S. HickoryOttawa, KS 66067

Marais des CygnesRiver


Kansas Permit No. M-MC31-OO03 Federal Permit No. KS0097535Legal Description: SW1⁄4, SW1⁄4, NE1⁄4, S36, T16S, R19E, Franklin CountyFacility Description: The proposed action consists of reissuance of an

existing Kansas/NPDES Water Pollution Control permit for an ex-isting facility. The facility is a mechanical treatment plant. The pro-posed permit contains limits for biochemical oxygen demand, totalsuspended solids, ammonia, E. coli, pH and whole effluent toxicity,as well as monitoring of total phosphorus, nitrate + nitrite, total Kjel-dahl nitrogen, total nitrogen, dissolved oxygen, total recoverablecopper, priority pollutants and effluent flow. The permit require-ments are pursuant to the Kansas Surface Water Quality Standards,K.A.R. 28-16-28(b-f), and Federal Surface Water Criteria, and are wa-ter-quality based.


ReceivingStream

Type ofDischarge

Richmond, City ofP.O. Box 174Richmond, KS 66080

Middle Creek viaUnnamed Tributary


Kansas Permit No. M-MC43-OO01 Federal Permit No. KS0047422Legal Description: E1⁄2, NW1⁄4, SW1⁄4, S12, T19S, R19E, Franklin CountyFacility Description: The proposed action consists of reissuance of an



ReceivingStream

Type ofDischarge

Saline County PlanningP.O. Box 5040Salina, KS 67401

Smoky Hill Rivervia West Branch ofGypsum Creek


Kansas Permit No. M-SH46-OO02 Federal Permit No. KS0093009Legal Description: SW1⁄4, SW1⁄4, NW1⁄4, S5, T15S, R1W, Saline CountyFacility Description: The proposed action consists of reissuance of an

existing Kansas/NPDES Water Pollution Control permit for an ex-isting facility. The proposed permit contains limits for biochemicaloxygen demand and total suspended solids, as well as monitoringfor ammonia, E. coli, sulfates and pH. The permit requirements arepursuant to the Kansas Surface Water Quality Standards, K.A.R. 28-

16-28(b-f), and Federal Surface Water Criteria, and are technologybased.


ReceivingStream

Type ofDischarge

Tipton, City ofP.O. Box 22Tipton, KS 67485

South ForkSolomon River viaCarr Creek viaUnnamed Tributary


Kansas Permit No. M-SO42-OO01 Federal Permit No. KS0085219Legal Description: SE1⁄4, NW1⁄4, NW1⁄4, S29, T8S, R10W, Mitchell CountyFacility Description: The proposed action consists of reissuance of an

existing Kansas/NPDES Water Pollution Control permit for an ex-isting facility. The proposed permit contains limits for biochemicaloxygen demand and total suspended solids, as well as monitoringfor ammonia, E. coli, sulfates, total recoverable selenium and pH.The permit requirements are pursuant to the Kansas Surface WaterQuality Standards, K.A.R. 28-16-28(b-f), and Federal Surface WaterCriteria, and are technology based.


ReceivingStream

Type ofDischarge

Uniontown, City ofP.O. Box 51Uniontown, KS 66779

Marmaton River Treated DomesticWastewater

Kansas Permit No. M-MC46-OO01 Federal Permit No. KS0046051Legal Description: NE1⁄4, SW1⁄4, NW1⁄4, S26, T25S, R22E, Bourbon

CountyFacility Description: The proposed action consists of reissuance of an



ReceivingStream

Type ofDischarge

Unified School DistrictNo. 288

3521 Ellis RoadRichmond, KS 66080

PottawatomieCreek via SacBranch Creek viaNorth Fork SacBranch Creek


Kansas Permit No. M-MC43-OO02 Federal Permit No. KS0078891Legal Description: SW1⁄4, SW1⁄4, S22, T18S, R20E, Franklin CountyFacility Name: U.S.D. No. 288 Central Heights SchoolFacility Description: The proposed action consists of reissuance of an



ReceivingStream

Type ofDischarge

Unified School DistrictNo. 362

13799 U.S. Hwy. 152LaCygne, KS 66040

Elm Creek viaUnnamed Tributary


Kansas Permit No. M-MC18-OO02 Federal Permit No. KS0119971Legal Description: NW1⁄4, NW1⁄4, NE1⁄4, S3, T20S, R23E, Linn CountyFacility Name: U.S.D. No. 362 Prairie View SchoolFacility Description: The proposed action consists of reissuance of an

existing Kansas/NPDES Water Pollution Control permit for an ex-isting facility. The proposed permit contains limits for biochemicaloxygen demand and total suspended solids, as well as monitoringfor ammonia, E. coli, total recoverable copper and pH. The permitrequirements are pursuant to the Kansas Surface Water QualityStandards, K.A.R. 28-16-28(b-f), and Federal Surface Water Criteria,and are technology based.


Notices 169Kansas Register


ReceivingStream

Type ofDischarge

Wade QuarriesP.O. Box 38LaCygne, KS 66040

Marais des CygnesRiver via NorthSugar Creek viaUnnamed Tributary

Pit Dewatering &StormwaterRunoff

Kansas Permit No. I-MC10-PO01 Federal Permit No. KS0095851Legal Description: S28, T18S, R25E, Miami CountyFacility Name: Drexel QuarryFacility Description: The proposed action consists of reissuing an exist-

ing permit for discharge of wastewater during quarry operations.This facility is a limestone quarrying operation with some washing.Outfall 001 consists of treated washwater and stormwater runoff.The proposed permit contains limits for total suspended solids andpH. Contained in the permit is a schedule of compliance requiringthe permittee to development and implement a stormwater pollu-tion prevention plan within one year of the effective date of thepermit. The permit requirements are pursuant to the Kansas SurfaceWater Quality Standards, K.A.R. 28-16-28(b-f), and Federal SurfaceWater Criteria, and are water-quality based.

Persons wishing to comment on the draft documentsand/or permit applications must submit their commentsin writing to the Kansas Department of Health and En-vironment if they wish to have the comments consideredin the decision-making process. Comments should besubmitted to the attention of the Livestock Waste Man-agement Section for agricultural-related draft documentsor applications, or to the Technical Services Section for allother permits, at the Kansas Department of Health andEnvironment, Division of Environment, Bureau of Water,1000 S.W. Jackson, Suite 420, Topeka, 66612-1367.

All comments regarding the draft documents or appli-cation notices received on or before March 14 will be con-sidered in the formulation of the final determinations re-garding this public notice. Please refer to the appropriateKansas document number (KS-AG-09-044/047, KS-Q-09-009/024) and name of the applicant/permittee when pre-paring comments.

After review of any comments received during thepublic notice period, the Secretary of Health and Envi-ronment will issue a determination regarding finalagency action on each draft document/application. If re-sponse to any draft document/application indicates sig-nificant public interest, a public hearing may be held inconformance with K.A.R. 28-16-61 (28-46-21 for UIC).

All draft documents/applications and the supportinginformation including any comments received are on fileand may be inspected at the offices of the Kansas De-partment of Health and Environment, Bureau of Water.These documents are available upon request at the copy-ing cost assessed by KDHE. Application information andcomponents of plans and specifications for all new andexpanding swine facilities are available on the Internet athttp://www.kdheks.gov/feedlots. Division of Environ-ment offices are open from 8 a.m. to 5 p.m. Mondaythrough Friday, excluding holidays.



State of KansasUniversity of Kansas

Notice to BiddersThe University of Kansas encourages interested ven-

dors to visit the University of Kansas Purchasing ServicesWeb site at http://www.purchasing.ku.edu/ for a com-plete listing of all transactions for which KU PurchasingServices, or one of the consortia commonly utilized byKU, are seeking competitive bids. Paper postings of KUPurchasing Services bid transactions may be viewed atthe Purchasing Services office located at 1246 W. CampusRoad, Room 7, Lawrence, 66045, or persons may contactPurchasing Services at (785) 864-3790, by fax at (785) 864-3454 or by e-mail at [email protected] to request a copyof a current bid.

Barry K. SwansonAssociate Comptroller/

Director of Purchasing ServicesDoc. No. 036681


Division of PurchasesNotice to Bidders

Sealed bids for items listed will be received by the Di-rector of Purchases until 2 p.m. on the date indicated. Formore information, call (785) 296-2376:

02/18/2009 11992 Aggregate02/23/2009 11993 Interior Painting of Jardine

Apartments02/24/2009 11998 Agricultural Services02/24/2009 12011 Plain Paper Copier02/25/2009 11979 Abandoned Well Plugging02/25/2009 11980 Abandoned Well Plugging02/25/2009 11981 Abandoned Well Plugging02/25/2009 11994 Noxious Weed Spraying02/25/2009 11999 Abandoned Well and Restoration02/25/2009 12000 Washers, High Pressure02/25/2009 12001 Abandoned Well Plugging02/26/2009 12009 Computer Laboratory Type Furniture03/04/2009 11709 Legal Services/Outside Counsel03/12/2009 12004 Retail Banking Services

The above-referenced bid documents can be down-loaded 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 forany changes/addenda):

http://da.state.ks.us/purch/adds/default.htmContractors wishing to bid on the projects listed below

must be prequalified. Information regarding prequalifi-cation, projects and bid documents can be obtained bycalling (785) 296-8899 or by visiting www.da.ks.gov/fp/.

03/04/2009 A-010863 Office and Visitor Center —Department of Wildlife and Parks,Kanopolis State Park, Marquette

03/04/2009 A-011033 Window Replacement — MarlattHall, Kansas State University,Manhattan

(continued)


Notice/Regulations170 Kansas Register

03/05/2009 A-010775 HVAC Replacement —Meadowlark and CottonwoodLodges, Kansas NeurologicalInstitute, Topeka

03/10/2009 A-010808 Renovation — Bowen Hall,Pittsburg, State University,Pittsburg

Chris HoweDirector of Purchases

Doc. No. 036699

State of KansasDepartment of Revenue

Permanent AdministrativeRegulations

Article 26.—AGRICULTURAL ETHYL ALCOHOLPRODUCER INCENTIVE

92-26-1. Definitions. As used in this article, theseterms shall have the following meanings: (a) ‘‘Agricul-tural commodities’’ shall mean all materials used in theproduction of agricultural ethyl alcohol, including grainsand other starch products, sugar-based crops, fruits andfruit products, forage crops, and crop residue.

(b) ‘‘Director’’ shall mean the director of taxation of thedepartment of revenue.

(c) ‘‘Fiscal year’’ means a period of time consistent withthe calendar periods of July 1 through the following June30.

(d) ‘‘Principal place of facility’’ means a plant or stilllocated in the state of Kansas that produces or has thecapacity to produce agricultural ethyl alcohol.

(e) ‘‘Production’’ means the process of manufacturingagricultural ethyl alcohol. For the purposes of this article,the terms ‘‘produce’’ and ‘‘produced’’ shall be consistentwith the definition of ‘‘production.’’

(f) ‘‘Quarter’’ means a period of time consistent withthe calendar periods of January 1 through March 31, April1 through June 30, July 1 through September 30, and Oc-tober 1 through December 31. For the purposes of thisarticle, the term ‘‘quarterly’’ shall be consistent with thedefinition of ‘‘quarter.’’

(g) ‘‘Spirits’’ means an inflammable liquid produced bydistillation.

(h) ‘‘Wine gallon’’ means 231 cubic inches measured at60 degrees Fahrenheit. (Authorized by K.S.A. 2008 Supp.79-34,163; implementing K.S.A. 2008 Supp. 79-34,161 and79-34,163; effective, T-88-34, Sept. 17, 1987; amended May1, 1988; amended Feb. 27, 2009.)

92-26-4. Filing of quarterly reports; deadline.(a)(1) Each ethyl alcohol producer producing agricultureethyl alcohol in the state of Kansas shall file a Kansasqualified agricultural ethyl alcohol producer’s reportwith the director of taxation within 30 days from the lastday of each quarter. Each producer not filing a reportwithin 30 days after the last day of any quarter in a fiscalyear shall be barred from seeking one quarter of any pay-ment due from the agricultural ethyl alcohol producer’sfund for that fiscal year. Upon proof satisfactory to the

secretary of extenuating circumstances preventing timelysubmission of the report by the producer, this penaltymay be waived by the secretary.

(2) Production incentives shall be paid on a fiscal yearbasis from the new production account or the current pro-duction account in the agricultural ethyl alcohol producerincentive fund, whichever account is applicable. Whenthe production incentive amount for the number of ag-ricultural ethyl alcohol gallons sold by any producer to aqualified alcohol blender exceeds the balance in the ap-plicable account at the time payment is to be made forthat fiscal year’s production, the incentive per gallon shallbe reduced proportionately so that the current balance ofthe applicable account is not exceeded. Any amount re-maining in the account following a fiscal year paymentof producer incentives shall be carried forward in thataccount to the next fiscal year for payment of future pro-duction incentives, except when the current productionaccount balance is required by K.S.A. 79-34,161, andamendments thereto, to be transferred to the new pro-duction account. The quarterly reports for a fiscal yearshall be for the third and fourth quarters of one calendaryear and the first and second quarters of the followingcalendar year.

(b) Each quarterly report shall be submitted on formsfurnished by the director and shall contain the followinginformation:

(1) The beginning inventory of denatured alcohol;(2) the amount of alcohol produced and denaturant

added;(3) the amount of agricultural ethyl alcohol sold to

qualified blenders;(4) the amount of denatured alcohol sold to other than

qualified blenders;(5) the amount of denatured alcohol sold or used for

miscellaneous purposes, including denatured alcoholthat has been lost, destroyed, or stolen;

(6) the name of the liquid fuel carrier and the liquidfuel carrier’s federal employer identification number;

(7) the mode of transportation;(8) the point of origin, specifying city and state;(9) the point of destination, specifying city and state;(10) the name of the company to which the product was

sold;(11) the date the product was shipped;(12) the identifying number from the bill of lading or

manifest;(13) the number of gross gallons sold; and(14) the product code.Each ethyl alcohol producer filing a quarterly report

shall furnish all information required by the director be-fore receiving the funds. (Authorized by K.S.A. 2008Supp. 79-34,163; implementing K.S.A. 2008 Supp. 79-34,161 and 79-34,163; effective, T-88-34, Sept. 17, 1987;amended May 1, 1988; amended Nov. 12, 2004; amendedFeb. 27, 2009.)

Joan WagnonSecretary of Revenue

Doc. No. 036685

171Index to Regulations Kansas Register


INDEX TO ADMINISTRATIVEREGULATIONS

This index lists in numerical order thenew, amended and revoked administra-tive regulations and the volume and pagenumber of the Kansas Register issue inwhich more information can be found.Temporary regulations are designatedwith a (T) in the Action column. This cu-mulative index supplements the 2006 Vol-umes and the 2008 Supplement of the Kan-sas Administrative Regulations.

AGENCY 3: KANSAS STATE TREASURER

Reg. No. Action Register

3-3-1 Amended (T) V. 27, p. 10913-3-1 Amended V. 27, p. 15173-3-2 New (T) V. 27, p. 10913-3-2 New V. 27, p. 1517

AGENCY 4: DEPARTMENT OFAGRICULTURE


4-6-1 New V. 27, p. 17414-6-2 New V. 27, p. 17414-6-3 New V. 27, p. 17414-7-900 Amended V. 27, p. 10224-7-901 Revoked V. 27, p. 10224-7-902 Amended V. 27, p. 10224-7-903 Amended V. 27, p. 10234-7-904 Amended V. 27, p. 10234-13-1 Amended V. 27, p. 1864-13-3 Amended V. 27, p. 1874-13-9 Amended V. 27, p. 1884-13-11 Revoked V. 27, p. 1884-13-13 Amended V. 27, p. 1884-13-20 Amended V. 27, p. 1904-13-21 Amended V. 27, p. 1914-13-22 Amended V. 27, p. 1914-13-23 Amended V. 27, p. 1914-13-24 Amended V. 27, p. 1914-13-33 Amended V. 27, p. 1914-13-40 Amended V. 27, p. 10234-13-41 Revoked V. 27, p. 10234-13-42 Revoked V. 27, p. 10234-13-60 Amended V. 27, p. 10234-13-61 Revoked V. 27, p. 10234-13-64 Amended V. 27, p. 10234-13-65 Amended V. 27, p. 10244-15-11 Amended V. 27, p. 10244-15-12 Revoked V. 27, p. 10244-15-13 Amended V. 27, p. 10244-15-14 Amended V. 27, p. 10244-16-1a Amended V. 27, p. 17414-16-1c Amended V. 27, p. 17424-16-7a Amended V. 27, p. 10244-16-300 Amended V. 27, p. 10254-16-301 Revoked V. 27, p. 10254-16-302 Amended V. 27, p. 10254-16-303 Amended V. 27, p. 10254-16-304 Amended V. 27, p. 10254-16-305 Amended V. 27, p. 10254-17-300 Amended V. 27, p. 10264-17-301 Revoked V. 27, p. 10264-17-302 Amended V. 27, p. 10264-17-303 Amended V. 27, p. 10264-17-304 Amended V. 27, p. 10264-17-305 Amended V. 27, p. 10274-20-11 Amended V. 27, p. 10274-28-5 Amended V. 27, p. 17424-28-8through4-28-16 New V. 27, p. 191-195

AGENCY 5: DEPARTMENT OFAGRICULTURE—DIVISION OF

WATER RESOURCES


5-1-1 Amended V. 27, p. 15495-1-2 Amended V. 27, p. 15535-1-7 Amended V. 27, p. 1553

5-2-4 New V. 27, p. 15545-3-3 Amended V. 27, p. 15545-3-4 Amended V. 27, p. 15555-3-5d Amended V. 27, p. 15555-3-16 Amended V. 27, p. 15555-4-2 New V. 27, p. 15565-5-6c New V. 27, p. 15565-5-13 Amended V. 27, p. 15565-5-14 Amended V. 27, p. 15575-6-2 Amended V. 27, p. 15575-6-5 Amended V. 27, p. 15575-9-1athrough5-9-1d New V. 27, p. 1557, 15585-14-10 Amended V. 27, p. 15585-40-24 Amended V. 27, p. 14385-45-1 Amended V. 27, p. 14395-45-4 Amended V. 27, p. 14405-45-19through5-45-23 New V. 27, p. 1441, 1442

AGENCY 7: SECRETARY OF STATE


7-16-1 Amended V. 27, p. 15487-16-2 Amended V. 27, p. 15487-17-1 Amended V. 27, p. 9657-17-4 Amended V. 27, p. 9667-17-11 Amended V. 27, p. 9667-17-19 Amended V. 27, p. 9667-17-21 Amended V. 27, p. 9667-17-22 Amended V. 27, p. 9667-17-24 Amended V. 27, p. 9677-21-1 Amended V. 27, p. 9677-21-2 Amended V. 27, p. 9677-21-3 Revoked V. 27, p. 9677-21-4 New V. 27, p. 9677-23-13 Revoked V. 27, p. 9687-37-2 Revoked V. 27, p. 9687-38-2 Revoked V. 27, p. 9687-45-1 New V. 27, p. 9687-45-2 New V. 27, p. 968

AGENCY 11: STATE CONSERVATIONCOMMISSION


11-6-1through11-6-6 New V. 27, p. 1633, 163411-12-1 Amended V. 27, p. 137411-12-2 Amended V. 27, p. 137511-12-3 Amended V. 27, p. 137611-12-4 Amended V. 27, p. 137711-12-6 Amended V. 27, p. 1377

AGENCY 14: DEPARTMENT OF REVENUE—DIVISION OF ALCOHOLIC

BEVERAGE CONTROL


14-8-6 Revoked V. 27, p. 121414-8-7 Amended V. 27, p. 121414-8-8 Revoked V. 27, p. 121414-8-12 Revoked V. 27, p. 121414-17-7 New V. 27, p. 1214

AGENCY 17: OFFICE OF THESTATE BANK COMMISSIONER


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

AGENCY 19: GOVERNMENTAL ETHICSCOMMISSION


19-20-4 Amended V. 27, p. 102019-20-5 New V. 27, p. 102119-27-2 Amended V. 27, p. 1021

AGENCY 22: STATE FIRE MARSHAL


22-6-1 Amended V. 27, p. 183422-6-2 Revoked V. 27, p. 183422-6-3 Revoked V. 27, p. 183422-6-4 Revoked V. 27, p. 183422-6-5 Amended V. 27, p. 1834

22-6-6 Revoked V. 27, p. 183422-6-7 Revoked V. 27, p. 183522-6-8 Revoked V. 27, p. 183522-6-9 Amended V. 27, p. 183522-6-12 Amended V. 27, p. 183522-6-13 Revoked V. 27, p. 183522-6-14 Revoked V. 27, p. 183522-6-18through22-6-27 New V. 27, p. 1835-1837

AGENCY 28: DEPARTMENT OF HEALTHAND ENVIRONMENT


28-1-20 Amended V. 27, p. 98928-4-117 Amended V. 27. p. 99028-4-120 Amended V. 27, p. 99028-4-121 New V. 27, p. 99028-4-122 Amended V. 27, p. 31728-4-311 Amended V. 27, p. 31728-4-312through28-4-317 Revoked V. 27, p. 317, 31828-4-430 Amended V. 27, p. 99128-4-800through28-4-825 New V. 27, p. 318-33428-16-28g Amended V. 27, p. 77928-23-16 Revoked V. 27, p. 19128-32-1 Revoked V. 27, p. 24728-32-2 Revoked V. 27, p. 24728-32-4 Revoked V. 27, p. 24728-32-5 Revoked V. 27, p. 24728-32-6 Revoked V. 27, p. 24728-32-7 Revoked V. 27, p. 24728-32-8through28-32-14 New V. 27, p. 247-24928-36-33through28-36-49 Revoked V. 27, p. 7328-36-70through28-36-89 New V. 27, p. 73-8728-38-18 Amended V. 27, p. 174228-38-19 Amended V. 27, p. 174328-38-21 Amended V. 27, p. 174328-38-22 Amended V. 27, p. 174428-38-23 Amended V. 27, p. 174428-38-29 Amended V. 27, p. 174528-59-5 Amended V. 27, p. 46228-61-11 Amended V. 27, p. 46428-73-1 Amended V. 28, p. 74

AGENCY 30: SOCIAL ANDREHABILITATION SERVICES


30-5-78 Revoked V. 27, p. 102230-10-15a Revoked V. 27, p. 134530-10-15b Revoked V. 27, p. 134530-10-17 Revoked V. 27, p. 134530-10-18 Revoked V. 27, p. 134530-10-23a Revoked V. 27, p. 134630-10-23b Revoked V. 27, p. 134630-10-25 Revoked V. 27, p. 134630-10-26 Revoked V. 27, p. 134630-10-27 Revoked V. 27, p. 134630-10-200 Revoked V. 27, p. 134630-10-210 Revoked V. 27, p. 134630-63-32 New V. 27, p. 66430-64-24 Revoked V. 27, p. 665

AGENCY 40: KANSAS INSURANCEDEPARTMENT


40-1-48 Amended V. 27, p. 170940-3-30 Amended V. 28, p. 11240-3-52 New V. 27, p. 13340-4-41 Amended V. 27, p. 43440-4-41athrough40-4-41j Revoked V. 27, p. 434, 435

(continued)

172 Index to RegulationsKansas Register


AGENCY 44: DEPARTMENT OFCORRECTIONS


44-6-101 Amended V. 27, p. 112644-6-114e Amended V. 27, p. 112844-6-115a Amended V. 27, p. 113444-6-125 Amended V. 27, p. 113544-6-127through44-6-132 New V. 27, p. 1135-1138

AGENCY 49: DEPARTMENT OF LABOR


49-45-1 Amended V. 27, p. 146649-45-2 Amended V. 27, p. 146649-45-3 Amended V. 27, p. 146649-45-4 Amended V. 27, p. 146649-45-4a Amended V. 27, p. 146649-45-5 Amended V. 27, p. 146649-45-6 Amended V. 27, p. 146649-45-7 Amended V. 27, p. 146749-45-8 Amended V. 27, p. 146749-45-9 Amended V. 27, p. 146749-45-20 Amended V. 27, p. 146749-45-28 Amended V. 27, p. 146749-45-29 Amended V. 27, p. 146749-45-29b New V. 27, p. 146749-45-31 Amended V. 27, p. 146749-45-34 Amended V. 27, p. 146749-45-35 Amended V. 27, p. 146749-45-37 Amended V. 27, p. 1467

AGENCY 60: BOARD OF NURSING


60-1-103 Amended V. 27, p. 160360-1-104 Amended V. 27, p. 160360-2-101 Amended V. 27, p. 160460-2-102 Amended V. 27, p. 1605, 167060-2-104 Amended V. 27, p. 160660-2-107 Amended V. 27, p. 160660-2-108 Amended V. 27, p. 160760-3-106 Amended V. 27, p. 160760-3-106a Amended V. 27, p. 160860-3-113 New V. 27, p. 160860-3-114 New V. 27, p. 160860-7-111 New V. 27, p. 1609

AGENCY 63: BOARD OF MORTUARY ARTS


63-2-26 New V. 27, p. 10863-4-1 Amended V. 27, p. 108

AGENCY 66: BOARD OF TECHNICALPROFESSIONS


66-6-1 Amended V. 27, p. 31566-6-4 Amended V. 27, p. 31666-10-1 Amended V. 27, p. 31766-11-5 Amended V. 28, p. 4466-12-1 Amended V. 28, p. 4466-14-1 Amended V. 28, p. 4466-14-2 Amended V. 28, p. 4566-14-3 Amended V. 28, p. 4566-14-4 Revoked V. 28, p. 4566-14-5 Amended V. 28, p. 4566-14-7 Amended V. 28, p. 45

AGENCY 68: BOARD OF PHARMACY


68-7-12b Amended V. 27, p. 151868-7-20 Amended V. 27, p. 43568-11-2 Amended V. 27, p. 151868-18-1 New V. 27, p. 185768-18-2 New V. 27, p. 185768-18-3 New V. 27, p. 185868-20-23 New (T) V. 27, p. 1709

AGENCY 71: KANSAS DENTAL BOARD


71-9-1through71-9-4 New V. 27, p. 187871-10-1through71-10-4 New V. 27, p. 1879

AGENCY 74: BOARD OF ACCOUNTANCY


74-4-7 Amended V. 27, p. 62674-4-8 Amended V. 27, p. 62674-4-9 Amended V. 27, p. 62774-4-10 Amended V. 27, p. 627

AGENCY 81: OFFICE OF THESECURITIES COMMISSIONER


81-3-2 Amended V. 27, p. 180181-5-7 Amended V. 27, p. 115681-7-2 Amended V. 27, p. 115681-14-1 Amended V. 27, p. 115781-14-2 Amended V. 27, p. 180181-14-5 Amended V. 27, p. 115981-14-9 Amended V. 27, p. 1163

AGENCY 82: STATE CORPORATIONCOMMISSION


82-3-107 Amended V. 27, p. 151882-3-108 Amended V. 27, p. 151982-3-111 Amended V. 27, p. 152082-3-135a Amended V. 27, p. 152182-3-135b Amended V. 27, p. 152182-3-138 Amended V. 27, p. 152182-3-402 Amended V. 27, p. 152182-4-30a Amended V. 27, p. 1020

AGENCY 86: REAL ESTATE COMMISSION


86-3-19 Amended (T) V. 27, p. 109086-3-19 Amended V. 27, p. 151786-3-30 New (T) V. 27, p. 109186-3-30 New V. 27, p. 1517

AGENCY 91: DEPARTMENT OFEDUCATION


91-1-200 Amended V. 27, p. 102791-1-201 Amended V. 27, p. 102891-1-203 Amended V. 27, p. 103091-1-204 Amended V. 27, p. 103491-1-205 Amended V. 27, p. 103691-1-207 Amended V. 27, p. 103791-1-209 Amended V. 27, p. 103791-1-210 Amended V. 27, p. 103891-1-220 Amended V. 27, p. 103891-1-221 Amended V. 27, p. 104091-19-1 Amended V. 27, p. 104191-19-6 Amended V. 27, p. 104191-40-1 Amended V. 27, p. 27491-40-2 Amended V. 27, p. 27991-40-3 Amended V. 27, p, 27991-40-5 Amended V. 27, p. 28091-40-7through91-40-12 Amended V. 27, p. 281-28491-40-16 Amended V. 27, p. 28591-40-17 Amended V. 27, p. 28591-40-21 Amended V. 27, p. 28691-40-22 Amended V. 27, p. 28791-40-26through91-40-31 Amended V. 27, p. 287-28991-40-33 Amended V. 27, p. 29091-40-34 Amended V. 27, p. 29091-40-35 Amended V. 27, p. 29091-40-37 Revoked V. 27, p. 29191-40-38 Amended V. 27, p. 29191-40-39 Revoked V. 27, p. 29191-40-41 Amended V. 27, p. 29191-40-42 Amended V. 27, p. 29191-40-42a New V. 27, p. 29291-40-43 Amended V. 27, p. 29391-40-44 Amended V. 27, p. 29391-40-45 Amended V. 27, p 29391-40-46 Amended V. 27, p. 29491-40-48 Amended V. 27, p. 29491-40-50 Amended V. 27, p. 29491-40-51 Amended V. 27, p. 295

AGENCY 92: DEPARTMENT OF REVENUE


92-12-114 New V. 27, p. 86592-12-140through92-12-145 New V. 27, p. 866, 86792-19-70 Revoked V. 27, p. 86892-28-1through92-28-4 New V. 28, p. 11392-52-14 New V. 27, p. 121492-52-15 New V. 27, p. 121492-52-16 New V. 27, p. 1215

AGENCY 94: COURT OF TAX APPEALS


94-2-1through94-2-5 Amended (T) V. 27, p.1091-109394-2-1through94-2-5 Amended V. 27, p.1522-152494-2-8through94-2-16 Amended (T) V. 27, p. 1093-109594-2-8through94-2-16 Amended V. 27, p. 1524-152694-2-19 Amended (T) V. 27, p. 109594-2-19 Amended V. 27, p. 152794-2-20 Amended (T) V. 27, p. 109694-2-20 Amended V. 27, p. 152794-2-21 Amended (T) V. 27, p. 109694-2-21 Amended V. 27, p. 152894-3-1 Amended (T) V. 27, p. 109794-3-1 Amended V. 27, p. 152994-3-2 Amended (T) V. 27, p. 109894-3-2 Amended V. 27, p. 152994-4-1 Amended (T) V. 27, p. 109894-4-1 Amended V. 27, p. 153094-4-2 Amended (T) V. 27, p. 109894-4-2 Amended V. 27, p. 1530

AGENCY 99: DEPARTMENT OFAGRICULTURE—DIVISION OF

WEIGHTS AND MEASURES


99-25-1 Amended V. 27, p. 10899-25-9 Amended V. 27, p. 10899-25-11 New V. 27, p. 10999-27-2 Amended V. 27, p. 101999-27-3 Revoked V. 27, p. 101999-27-4 Amended V. 27, p. 101999-27-5 Amended V. 27, p. 1019

AGENCY 100: BOARD OF HEALING ARTS


100-11-1 Amended (T) V. 27, p. 1602100-11-1 Amended V. 28, p. 112100-22-8 Revoked V. 27, p. 357100-22-8a New V. 27, p. 357100-28a-1 Amended (T) V. 27, p. 1602100-28a-1 Amended V. 28, p. 112100-29-7 Amended V. 27, p. 209100-54-4 Amended V. 27, p. 209100-55-4 Amended V. 27, p. 209100-69-1 Amended V. 27, p. 1672100-69-2 Revoked V. 27, p. 1672100-72-1 Amended (T) V. 27, p. 1602100-72-1 Amended V. 28, p. 112100-73-9 Amended V. 27, p. 315

AGENCY 102: BEHAVIORAL SCIENCESREGULATORY BOARD


102-1-8a New V. 28, p. 114102-1-12 Amended V. 27, p. 407102-2-7 Amended V. 27, p. 1801102-2-8 Amended V. 28, p. 114102-2-11a New V. 28, p. 116102-2-12 Amended V. 28, p. 116102-3-9b New V. 28, p. 117102-3-12a Amended V. 27, p. 1117

173Index to Regulations Kansas Register


102-4-1a Amended V. 27, p. 1803102-4-6a Amended V. 27, p. 1805102-4-6b New V. 27, p. 1806102-4-9b New V. 28, p. 117102-4-10a Amended V. 27, p. 1806102-4-12 Amended V. 27, p. 1120102-5-9a New V. 28, p. 118102-5-12 Amended V. 27, p. 1122102-6-9a New V. 28, p. 118102-6-12 Amended V. 27, p. 1124

AGENCY 105: BOARD OFINDIGENTS’ DEFENSE SERVICES


105-11-1 Amended (T) V. 27, p. 1233105-11-1 Amended V. 27, p. 1838

AGENCY 109: BOARD OFEMERGENCY MEDICAL SERVICES


109-5-5 New V. 27, p. 1548

AGENCY 110: DEPARTMENT OF COMMERCE


110-13a-1 New V. 27, p. 1063110-13a-2 New V. 27, p. 1063110-13a-3 New V. 27, p. 1064110-19-1through110-19-4 New V. 27, p. 1064, 1065110-20-1through110-20-4 New V. 27, p. 1065, 1066

AGENCY 111: KANSAS LOTTERYA complete index listing all regulations filed by the

Kansas Lottery from 1988 through 2000 can be foundin the Vol. 19, No. 52, December 28, 2000 Kansas Reg-ister. A list of regulations filed by the Kansas Lotteryfrom 2001 through 2003 can be found in the Vol. 22,No. 52, December 25, 2003 Kansas Register. A list ofregulations filed by the Kansas Lottery from 2004through 2005 can be found in the Vol. 24, No. 52,December 29, 2005 Kansas Register. A list of regula-tions filed by the Kansas Lottery from 2006 through2007 can be found in the Vol. 26, No. 52, December27, 2007 Kansas Register. The following regulationswere filed after January 1, 2008:


111-2-211 New V. 27, p. 992111-2-212 New V. 27, p. 1559111-2-213 New V. 27, p. 1560111-2-214through111-2-218 New V. 28, p. 10, 11111-2-219through111-2-223 New V. 28, p. 46, 47111-4-2614 Amended V. 27, p. 964111-4-2645through111-4-2656 New V. 27, p. 436-442111-4-2657through111-4-2662 New V. 27, p. 992-996111-4-2663 New V. 27, p. 1489111-4-2664through111-4-2683 New V. 27, p. 1560-1570

111-4-2680 Amended V. 28, p. 11111-4-2684through111-4-2702 New V. 27, p. 1634-1644111-4-2695 Amended V. 27, p. 1709111-4-2703through111-4-2710 New V. 27, p. 1672-1677111-4-2711through111-4-2715 New V. 27, p. 1677-1680111-4-2716through111-4-2726 New V. 27, p. 1709-1718111-4-2727through111-4-2744 New V. 27, p. 1746-1761111-4-2745through111-4-2754 New V. 28, p. 11-20111-4-2755through111-4-2766 New V. 28, p. 47-55111-5-81 Amended V. 27, p. 1490111-5-83 Amended V. 27, p. 1490111-5-84 Amended V. 27, p. 1491111-5-90 Amended V. 27, p. 1491111-5-127 Amended V. 27, p. 442111-5-128 Amended V. 27, p. 443111-5-132 Amended V. 27, p. 443111-5-165through111-5-169 New V. 27, p. 1491-1493111-7-223through111-7-232 New V. 27, p. 1493-1495111-7-223a New V. 27, p. 1762111-7-233through111-7-237 New V. 28, p. 57, 58111-9-152 New V. 27, p. 1762111-9-153 New V. 28, p. 20111-9-154 New V. 28, p. 21111-9-155 New V. 28, p. 22111-14-4 New V. 28, p. 22111-14-5 New V. 28, p. 23111-14-6 New V. 28, p. 24

AGENCY 112: RACING ANDGAMING COMMISSION

Reg. No. Action Register112-100-1through112-100-7 New V. 27, p. 1378112-104-1through112-104-33 New V. 27, p. 1378-1406112-105-1through112-105-7 New V. 27, p. 1406-1408112-106-1through112-106-7 New V. 27, p. 1408-1411112-112-1through112-112-9 New V. 27, p. 1411-1413

AGENCY 115: DEPARTMENT OFWILDLIFE AND PARKS

Reg. No. Action Register115-2-1 Amended V. 27, p. 1704115-2-3 Amended V. 27, p. 1264

115-2-3a Amended V. 27, p. 1705115-2-5 Amended V. 27, p. 1265115-4-4 Amended V. 27, p. 403115-4-4a Amended V. 27, p. 403115-4-6 Amended V. 27, p. 109115-4-6a Revoked V. 27, p. 112115-4-13 Amended V. 27, p. 404115-4-14 Revoked V. 27, p. 112115-7-1 Amended V. 27, p. 1707115-7-2 Amended V. 27, p. 1708115-7-8 Amended V. 27, p. 405115-7-9 Amended V. 27, p. 406115-8-1 Amended V. 27, p. 572115-8-9 Amended V. 27, p. 1265115-8-10 Amended V. 27, p. 1265115-8-13 Amended V. 27, p. 112115-18-7 Amended V. 27, p. 406115-18-21 New V. 27, p. 1708

AGENCY 117: REAL ESTATEAPPRAISAL BOARD


117-6-1 Amended V. 27, p. 357

AGENCY 121: DEPARTMENT OFCREDIT UNIONS


121-10-1 New V. 27, p. 1099121-10-2 New V. 27, p. 1099

AGENCY 128: DEPARTMENT OF COMMERCE—KANSAS ATHLETIC COMMISSION


128-1-1 New (T) V. 27, p. 106128-1-1 New V. 27, p. 358128-2-1 New V. 27, p. 360128-2-3through128-2-13 New V. 27, p. 360-362128-2-12 New (T) V. 27, p. 107128-3-1 New V. 27, p. 362128-4-1through128-4-9 New V. 27, p. 363-367128-4a-1 New V. 27, p. 367128-5-1 New V. 27, p. 367128-5-2 New V. 27, p. 368128-6-1 New V. 27, p. 368128-6-2 New V. 27, p. 371128-6-4 New V. 27, p. 374

AGENCY 129: KANSAS HEALTHPOLICY AUTHORITY


129-5-1 Amended V. 27, p. 628129-5-78 New V. 27, p. 1022129-5-108 Amended V. 27, p. 1346129-10-15a New V. 27, p. 1346129-10-15b New V. 27, p. 1348129-10-17 New V. 27, p. 1348129-10-18 New V. 27, p. 1350129-10-23a New V. 27, p. 1353129-10-23b New V. 27, p. 1353129-10-25 New V. 27, p. 1354129-10-26 New V. 27, p. 1355129-10-27 New V. 27, p. 1356129-10-200 New V. 27, p. 1356129-10-210 New V. 27, p. 1358

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Transcript of Vol. 28, No. 7 February 12, 2009 Pages 153-176 · consider the approval and adoption of proposed...