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Kansas Register Kris W. Kobach, Secretary of State Vol. 30, No. 8 February 24, 2011 Pages 153-180 In this issue . . . Page Department of Administration—Division of Facilities Management Notices of requested engineering services .................................................................................... 154 Pooled Money Investment Board Notice of investment rates........................................................................................................... 155 Kansas Board of Regents Universities Notice to bidders ........................................................................................................................ 155 Independence Community College Notice of commencement of negotiations for construction manager at-risk services ....................... 155 Statewide Independent Living Council Notice of meeting ....................................................................................................................... 156 Kansas Department of Transportation Notice to consulting engineers .................................................................................................... 156 Notice to contractors ................................................................................................................... 156 Notice of Bond Sale U.S.D. 229, Johnson County ........................................................................................................ 158 Department of Administration—Division of Purchases Notice to bidders for state purchases ........................................................................................... 159 Department of Health and Environment Request for comments on proposed air quality permit.................................................................. 159 Notice of hearing on proposed administrative regulations ............................................................ 160 Notice concerning water pollution control permits/applications .................................................... 160 Request for applications for the Kansas Quality of Care Project .................................................... 162 Attorney General Opinions 2011-2 through 2011-4 .................................................................................................. 162 Legislative bills and resolutions introduced February 10-16............................................................ 162 Permanent Administrative Regulations State Employees Health Care Commission (by Kansas Health Policy Authority) ............................ 166 Index to administrative regulations ................................................................................................ 173

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Kansas RegisterKris W. Kobach, Secretary of State

Vol. 30, No. 8 February 24, 2011 Pages 153-180

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

Notices of requested engineering services .................................................................................... 154Pooled Money Investment Board

Notice of investment rates........................................................................................................... 155Kansas Board of Regents Universities

Notice to bidders ........................................................................................................................ 155Independence Community College

Notice of commencement of negotiations for construction manager at-risk services ....................... 155Statewide Independent Living Council

Notice of meeting ....................................................................................................................... 156Kansas Department of Transportation

Notice to consulting engineers .................................................................................................... 156Notice to contractors................................................................................................................... 156

Notice of Bond SaleU.S.D. 229, Johnson County ........................................................................................................ 158

Department of Administration—Division of PurchasesNotice to bidders for state purchases ........................................................................................... 159

Department of Health and EnvironmentRequest for comments on proposed air quality permit.................................................................. 159Notice of hearing on proposed administrative regulations ............................................................ 160Notice concerning water pollution control permits/applications .................................................... 160Request for applications for the Kansas Quality of Care Project .................................................... 162

Attorney GeneralOpinions 2011-2 through 2011-4 .................................................................................................. 162

Legislative bills and resolutions introduced February 10-16............................................................ 162Permanent Administrative Regulations

State Employees Health Care Commission (by Kansas Health Policy Authority) ............................ 166Index to administrative regulations................................................................................................ 173

� Kansas Secretary of State 2011 Vol. 30, No. 8, February 24, 2011

Notices154 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. TheKansas Register is published weekly and a cumulative index is published annually by the Kansas Secretary of State. One-yearsubscriptions are $80 (Kansas residents must include applicable state and local sales tax). Single copies, if available, may bepurchased for $2. Periodicals postage paid at Topeka, Kansas. POSTMASTER: Send change of address form to Kansas Register,Secretary of State, 1st Floor, Memorial Hall, 120 S.W. 10th Ave., Topeka, KS 66612-1594.

� Kansas Secretary of State 2011. Reproduction of the publication in its entirety or for commercial purposes is prohibited withoutprior permission. Official enactments of the Kansas Legislature and proposed and adopted administrative regulations of stateagencies may be reproduced in any form without permission.

Hard copy subscription information and current and back issues of the Kansas Register (PDF format) can be found at the followinglink: http://www.kssos.org/pubs/pubs_kansas_register.asp

Published byKris W. Kobach

Secretary of State1st Floor, Memorial Hall

120 S.W. 10th Ave.Topeka, KS 66612-1594

(785) 296-4564www.sos.ks.gov

Register Office:1st Floor, Memorial Hall

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

[email protected]

State of KansasDepartment of Administration

Division of Facilities ManagementNotice of Requested ‘‘On-Call’’ Engineering Services

Notice is hereby given of the commencement of the se-lection process for ‘‘on-call’’ fire protection engineeringservices for small projects for the University of KansasMedical Center. The contract will be for three years.

For more information, contact Dave Roland, (913) 588-9011. Firms interested in providing these services shouldbe familiar with the requirements of Chapter 9 of theBuilding Design and Construction Manual at the Web sitebelow.

To be considered, one (1) .pdf file and one (1) boundproposal of the following should be provided: State ofKansas Professional Qualifications forms (051-054 inclu-sive) and information regarding similar projects. State ofKansas Professional Qualifications form 050 for each firmand consultant should be provided at the end. Proposalsshould be less than 5 MB and follow the current StateBuilding Advisory Commission guidelines in Chapter 4of the Building Design and Construction Manual atwww.da.ks.gov/fp/manual.htm. Planning forms areavailable to firms at www.da.ks.gov/fp/ or by contactingPhyllis Fast, Division of Facilities Management, Suite 600,Landon State Office Building, 900 S.W. Jackson, Topeka,66612, (785) 296-5796, [email protected]. Submittalsshall be delivered to Phyllis Fast before noon March 11.

Marilyn L. Jacobson, DirectorDivision of Facilities Management

Doc. No. 039155

State of KansasDepartment of Administration

Division of Facilities ManagementNotice of Requested Engineering Services

Notice is hereby given of the commencement of the se-lection process for engineering services for the replace-ment of the HVAC, lighting, plumbing and fire alarm sys-tems in West Hall Dormitory, built in 1962, at KansasState University, Manhattan. Occupancy is required forthe 2012 fall semester. Construction budget is approxi-mately $950,000.

For a program and additional information, contact AbeFattaey, (785) 532-1725.

To be considered, one (1) .pdf file and one (1) boundproposal of the following should be provided: State ofKansas Professional Qualifications forms (051-054 inclu-sive) and information regarding similar projects. State ofKansas Professional Qualifications form 050 for each firmand consultant should be provided at the end. Proposalsshould be less than 5 MB and follow the current StateBuilding Advisory Commission guidelines in Chapter 4of the Building Design and Construction Manual atwww.da.ks.gov/fp/manual.htm. Planning forms areavailable to firms at www.da.ks.gov/fp/ or by contactingPhyllis Fast, Division of Facilities Management, Suite 600,Landon State Office Building, 900 S.W. Jackson, Topeka,66612, (785) 296-5796, [email protected]. Submittalsshall be delivered to Phyllis Fast before noon March 11.

Marilyn L. Jacobson, DirectorDivision of Facilities Management

Doc. No. 039159

� Kansas Secretary of State 2011Vol. 30, No. 8, February 24, 2011

Notices 155Kansas 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. 2010 Supp. 12-1675(b)(c)(d) and K.S.A. 2010 Supp.12-1675a(g).

Effective 2-21-11 through 2-27-11Term Rate

1-89 days 0.15%3 months 0.09%6 months 0.14%1 year 0.31%18 months 0.51%2 years 0.75%

Elizabeth B.A. MillerDirector of Investments

Doc. No. 039148

State of KansasBoard of Regents Universities

Notice to Bidders

The universities of the Kansas Board of Regents en-courage interested vendors to visit the various universi-ties’ purchasing offices’ Web sites for a listing of all trans-actions, including construction projects, for which theuniversities’ purchasing offices, or one of the consortiacommonly utilized by the universities, are seeking infor-mation, competitive bids or proposals. The referencedconstruction projects may include project delivery con-struction procurement act projects pursuant to K.S.A. 76-7,125 et seq.Emporia State University – Bid postings: www.emporia.edu/busaff/purchasing/vendor-procedures.htm. Additional contactinfo: phone: 620-341-5145, fax: 620-341-5073, e-mail: [email protected]. Mailing address: Emporia State University, Con-troller’s Office/Purchasing, Campus Box 4021, 1200 Commercial,Emporia, KS 66801.

Fort Hays State University – Bid postings: www.fhsu.edu/bids.Additional contact info: phone: 785-628-4251, fax: 785-628-4046,e-mail: [email protected]. Mailing address: Fort Hays StatePurchasing Office, 601 Park St., 318 Sheridan Hall, Hays, KS67601.

Kansas State University – Bid postings: www.k-state.edu/pur-chasing/rfq. Additional contact info: phone: 785-532-6214, fax:785-532-5577, e-mail: [email protected]. Mailing address:Controller’s Office/Purchasing, 21 Anderson Hall, Kansas StateUniversity, Manhattan, KS 66506.

Pittsburg State University – Bid postings: www.pittstate.edu/office/purchasing. Additional contact info: phone: 620-235-4169,fax: 620-235-4166, e-mail: [email protected]. Mailing address:Pittsburg State University, Purchasing Office, 1701 S. Broadway,Pittsburg, KS 66762-7549.

University of Kansas – Electronic bid postings: http://www.purchasing.ku.edu/. Paper bid postings and mailing ad-dress: KU Purchasing Services, 1246 W. Campus Road, Room30, Lawrence, KS 66045. Additional contact info: phone: 785-864-5800, fax: 785-864-3454, e-mail: [email protected].

University of Kansas Medical Center – Bid postings: http://www2.kumc.edu/finance/purchasing/bids.html. Additional con-tact info: phone: 913/588-1100, fax: 913/588-1102. Mailing ad-dress: University of Kansas Medical Center; Purchasing De-partment, Mail Stop 2034; 3901 Rainbow Blvd., Kansas City, KS66160Wichita State University – Bid postings: www.wichita.edu/pur-chasing. Additional contact info: phone: 316-978-3080, fax: 316-978-3528. Mailing address: Wichita State University, Office ofPurchasing, 1845 Fairmount Ave., Campus Box 12, Wichita, KS67260-0012.

Barry SwansonChair of Regents Purchasing Group

Chief Procurement OfficerUniversity of Kansas

Doc. No. 038494

(Published in the Kansas Register February 24, 2011.)

Independence Community CollegeIndependence, Kansas

Notice of Commencement of Negotiations forConstruction Manager At-Risk Services

Notice is hereby given of the commencement of nego-tiations for construction management at-risk services forthe renovation of approximately 8,150 S.F. of the existing40,000 S.F. West Campus Building located at 2615 W.Main, Independence. The work is being completed to pro-vide clinical and classroom space for the Veterinary Tech-nology Program. The estimated construction cost is ap-proximately $780,000. The project schedule calls forcompletion in November 2011.

The construction manager at-risk will provide budg-eting, cost estimating, scheduling, constructability re-views and value engineering studies; divide the projectinto scopes of work for bidding; prequalify subcontrac-tors; distribute contract documents and receive bids forthe work; review bids with the architect and owner todetermine bids to accept; provide a guaranteed maxi-mum price and a bond for the work; and manage con-struction and track all costs for the architect and owner’sreview.

Additional project information concerning the scope ofservices is available from the architect, John E. Heckman,AIA, Heckman & Associates, P.A., P.O. Box 1314, Inde-pendence, KS 67301, (620) 331-6171.

To be considered, five (5) bound proposals and one (1)PDF file on a CD of the following should be provided: aletter of interest, information regarding similar projects,experience in this type of project delivery system, refer-ences from design professionals and owners from previ-ous projects, a description of the construction managerapproach, financial statements, bonding capacity includ-ing capability of providing a public works bond (K.S.A.60-1111) and evidence of such bonding capacity. If a firmfails to present such evidence, such firm shall be deemedunqualified for selection. Proposals should be concise andfollow the current State Building Advisory Commissionguidelines, available to firms at http://da.ks.gov/fp/. Sub-mittals should be received at the office of the architectbefore noon March 10.

John E. Heckman, AIAHeckman & Associates, P.A.

Doc. No. 039153

� Kansas Secretary of State 2011 Vol. 30, No. 8, February 24, 2011

Meeting/Notices156 Kansas Register

State of KansasStatewide Independent Living Council

Notice of Meeting

The Statewide Independent Living Council of Kansas,Inc. will meet at 10 a.m. Friday, March 11, at the SRSLearning Center, Room D, 2600 S.W. East Circle DriveSouth (2nd and MacVicar), Topeka. For more informa-tion, contact Mary Lou Dunn or Shannon Jones at (785)234-6990 or (800) 217-4525, or e-mail at [email protected].

Rob SiedleckiActing Secretary of Social and

Rehabilitation ServicesDoc. No. 039154

State of KansasDepartment of Transportation

Notice to Consulting Engineers

The Kansas Department of Transportation is seekingqualified consulting engineering firms or teams, prequal-ified in Category 333—Geotechnical Specialist, for athree-year study of all airport pavements in the state withproject scope as listed below. A PDF (1MB maximumsize) of the interest response must be e-mailed to DavidJ. Nagy, P.E., Assistant to the Bureau Chief of Design/Contracts Engineer, at [email protected]. Interest re-sponses shall be limited to four pages, the PDF file nameand the subject line of the e-mail must read ‘‘Firm Name— Cat. 333 Aviation Pavement Study LOI,’’ and must bereceived by noon March 3 for the consulting engineeringfirm or team to be considered.

Category 333 Aviation Pavement Study(AV-0011-01, AV-0012-01, AV-0013-01)

The Kansas Department of Transportation’s Division ofAviation is seeking a service provider (consultant) to util-ize methodologies approved by the Federal Aviation Ad-ministration (FAA) to perform pavement condition re-ports/analysis for updating airport system planning datathat will be used to assist in the continued developmentof airport capital improvement plans. The three-year pro-ject study (AV-0011-01, AV-0012-01, AV-0013-01) of allairport pavements in the state will use MicroPAVER tech-nology to conduct PCI inspections and report on histor-ical data and future needs for each of the Kansas airportswith paved aircraft operation surfaces. Attention shouldbe given to construction and maintenance history, per-formance models, current condition reports, and fundingsources for predicted repairs. The work provided by theconsultant or consultant team will be used to assist in thecontinued development of airport capital improvementplans and will assist airport sponsors in updating theirpavement management plans, as required under theirfederal grant assurances.

The Consultant Shortlist Committee will select severalof the most highly qualified firms expressing interest andschedule an individual interview. The consulting firmscan more thoroughly discuss their qualifications, experi-ence related to project(s), their approach to general pro-

ject(s) design work, available schedule and the personnelqualifications at the interview. Firms not selected to beshort-listed will be notified. Categories may be viewed atwww.ksdot.org/divengdes/prequal.

The Consultant Selection Committee, appointed by theSecretary of Transportation, will conduct the discussionswith the firms invited to the individual interview confer-ences. The committee will select several firms based onqualifications to perform the professional services re-quired for completing projects on an on-call basis. Afterthe selection, the firms not selected will be notified of theoutcome.

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(s).4. Work load of firm.5. Firm’s performance record.

The firm’s accounting systems must have the followingcapabilities before the firm may be awarded a contract:

• Valid, reliable and current costs must be availablewithin 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 costsby contract or project records that will reconcile withthe general ledger.

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

For more information, contact David Nagy [email protected].

Deb MillerSecretary of Transportation

Doc. No. 039133

State of KansasDepartment of Transportation

Notice to Contractors

Sealed proposals for the construction of road andbridge work in the following Kansas counties will be re-ceived at the Bureau of Construction and Maintenance,KDOT, Topeka, or at the Eisenhower State Office Build-ing, fourth floor west wing, 700 S.W. Harrison, Topeka,until 1 p.m. March 16 and then publicly opened:

District One — NortheastAtchison—3 C-4408-01 — County road 3 miles south

of Arrington, grading, bridge and surfacing, 0.2 mile.(Federal Funds)

District—106 K-5925-05 — Various locations in DistrictOne, signing, 348 miles. (Federal Funds)

District—89 KA-2199-01 — Mudjacking at various lo-cations in District One, mudjacking. (State Funds)

Jackson-Pottawatomie—16-106 KA-1352-01 — K-16from the west Jackson County line east to U.S. 75; southjunction of K-63/K-16 east to the Pottawatomie-Jacksoncounty line, milling and overlay, 21.5 miles. (State Funds)

� Kansas Secretary of State 2011Vol. 30, No. 8, February 24, 2011

Notice to Contractors 157Kansas Register

Johnson—35-46 KA-2190-01 — Slope and curb on I-35in Johnson County, curb and gutter replacement. (StateFunds)

Leavenworth—52 C-4258-01 — County road 2.1 mileseast and 3 miles north of Tonganoxie, grading, bridge andsurfacing, 0.2 mile. (Federal Funds)

Nemaha—78-66 KA-1310-01 — K-178 bridge 3.1 milesnorth of U.S. 36, bridge repair, 0.1 mile. (State Funds)

District Two — NorthcentralJewell—28-45 KA-1309-01 — K-28 bridge 3 miles east

of the south junction of K-14, bridge repair. (State Funds)Republic—148-79 — KA-0903-01 — K-148 culvert 7.5

miles east of U.S. 81, culvert construction. (State Funds)

District Three — NorthwestDecatur—83-20 KA-2169-01 — Asphalt seal on U.S. 83

in Decatur County, seal, 12.4 miles. (State Funds)Ellis—183-26 KA-2165-01 — Asphalt seal on U.S. 183

in Ellis County, seal, 11.4 miles. (State Funds)Osborne—24-71 KA-2203-01 — U.S. 24 in Osborne

County, milling and overlay, 3.9 miles. (State Funds)Phillips—36-74 KA-1302-01 — U.S. 36 bridge 1.4 miles

east of the east junction of U.S. 183, bridge repair. (StateFunds)

Rooks—183-82 KA-1737-01 — U.S. 183 from the end ofthe concrete in Stockton north to the Phillips-Rookscounty line, milling and overlay, 8.5 miles. (State Funds)

Rooks—24-82 KA-2164-01 — Asphalt seal on U.S. 24in Rooks County, seal, 18.3 miles. (State Funds)

Rooks—183-82 M-1975-01 — U.S. 183 KDOT mixingstrip 2.5 miles south of Stockton, stockpile bituminousmaterial. (State Funds)

Russell—281-84 KA-0712-01 — U.S. 281 west fork WolfCreek Bridge, 0.2 mile west of Waldo, bridge replace-ment. (Federal Funds)

Sheridan-Decatur—83-106 KA-2181 — U.S. 83 in Sher-idan County beginning at the K-383 junction then north0.7 mile to the Sheridan-Decatur county line; U.S. 83 inDecatur County beginning at the Sheridan-Decaturcounty line then north 9 miles, milling and overlay, 9.7miles. (State Funds)

Thomas—97 U-2276-0 — Approximately 0.2 mile northof College Drive to Fourth Street on K-25 in Colby, sur-facing, 1 mile. (Federal Funds)

Trego—283-98 KA-2183-01 — U.S. 283 in TregoCounty, seal, 22 miles. (State Funds)

District Four — SoutheastAllen-Greenwood-Woodson—54-106 KA-2209-01 —

U.S. 54 in Allen County beginning at the Allen-Woodsoncounty line then east to the west city limits of Iola; U.S.54 in Woodson County beginning at the east city limitsof Yates Center then east to the Allen-Woodson countyline; U.S. 54 in Greenwood County beginning at the eastcity limits of Eureka then east to the east K-99 junction,crack repair, 23.1 miles. (State Funds)

Coffey—75-16 KA-1998-01 — U.S. 75, milling andoverlay on U.S. 75 at various locations, 15.3 miles. (StateFunds)

Crawford—146-19 KA-0907-01 — K-146 bridge east ofWalnut, bridge replacement. (State Funds)

Labette—101-50 KA-0908-01 — K-101 culvert 1.3 milesnorth of bridge no. 50, culvert construction. (State Funds)

District Five — SouthcentralBarber—160-4 KA-0910-01 — U.S. 160 bridge 11.1

miles east of the Barber-Comanche county line, bridgereplacement. (State Funds)

Barton—281-5 KA-2189-01 — Bituminous seal projecton U.S. 281 in Barton County, seal, 11.1 miles. (StateFunds)

Edwards—50-24 KA-0715-01 — U.S. 50 Arkansas Riverbridge 1 mile east of Kinsley, bridge replacement. (Fed-eral Funds)

Edwards—50-24 KA-2002-01 — U.S. 50 in EdwardsCounty, milling and overlay, 22.7 miles. (State Funds)

Harper—179-39 KA-0909-01 — Culverts on K-179, 4and 4.3 miles north of the Kansas-Oklahoma state line,culvert construction. (State Funds)

Sumner—81-96 KA-0717-01 — U.S. 81 Ninnescah Riverdrainage bridge, 3.5 miles south of the Sedgwick-Sumnercounty line, bridge replacement. (Federal Funds)

District Six — SouthwestFinney-Scott—83-106 KA-2193-01 — U.S. 83 in Finney

County beginning at the end of the concrete pavement atthe north U.S. 50 junction then north to the Finney-Scottcounty line; U.S. 83 in Scott county beginning at the Fin-ney-Scott county line then north to the north city limitsof Scott City, seal, 32.7 miles. (State Funds)

Gray-Haskell—144-106 KA-2194-01 — K-144 in GrayCounty beginning at the Haskell-Gray county line theneast to the U.S. 56 junction; K-144 in Haskell County be-ginning at the junction of U.S. 83 and U.S. 160 then eastto the Haskell-Gray county line, seal, 16.8 miles. (StateFunds)

Proposals will be issued upon request to all prospectivebidders who have been prequalified by the Kansas De-partment of Transportation on the basis of financial con-dition, available construction equipment and experience.Also, a statement of unearned contracts (Form No. 284)must be filed. There will be no discrimination againstanyone because of race, age, religion, color, sex, handicapor national origin in the award of contracts.

Each bidder shall file a sworn statement executed byor on behalf of the person, firm, association or corpora-tion submitting the bid, certifying that such person, firm,association or corporation has not, either directly or in-directly, entered into any agreement, participated in anycollusion, or otherwise taken any action in restraint of freecompetitive bidding in connection with the submittedbid. This sworn statement shall be in the form of an af-fidavit executed and sworn to by the bidder before a per-son who is authorized by the laws of the state to admin-ister oaths. The required form of affidavit will beprovided by the state to each prospective bidder. Failureto submit the sworn statement as part of the bid approvalpackage will make the bid nonresponsive and not eligiblefor award consideration.

Plans and specifications for the projects may be exam-ined at the office of the respective county clerk or at theKDOT district office responsible for the work.

Deb MillerSecretary of Transportation

Doc. No. 039138

� Kansas Secretary of State 2011 Vol. 30, No. 8, February 24, 2011

Bond Sale158 Kansas Register(Published in the Kansas Register February 24, 2011.)

Summary Notice of Bond SaleUnified School District No. 229

Johnson County, Kansas$32,000,000*

General Obligation School BondsSeries 2011-A

(General obligation bonds payable fromunlimited ad valorem taxes)

BidsSubject to the Notice of Bond Sale dated February 14,

2011, written and electronic bids will be received on be-half of the clerk of Unified School District No. 229, John-son County, Kansas (the issuer), in the case of writtenbids, at the address set forth below, and in the case ofelectronic bids, through PARITY, until 11 a.m. March 7,2011, for the purchase of the above-referenced bonds. Nobid of less than 100 percent of the principal amount of thebonds and accrued interest thereon to the date of deliverywill be considered.Bond Details

The bonds will consist of fully registered bonds in thedenomination of $5,000 or any integral multiple thereof.The bonds will be dated March 15, 2011, and will becomedue on October 1 in the years as follows:

YearPrincipalAmount*

2011 $ 950,0002012 1,000,0002013 1,000,0002014 3,125,0002015 3,255,0002016 3,400,0002017 825,0002018 2,100,0002019 2,190,0002020 2,285,0002021 975,0002022 1,020,0002023 1,060,0002024 1,105,0002025 1,155,0002026 1,205,0002027 1,255,0002028 1,310,0002029 1,365,0002030 1,420,000

The bonds will bear interest from the date thereof atrates to be determined when the bonds are sold as here-inafter provided, which interest will be payable semian-nually on April 1 and October 1 in each year, beginningOctober 1, 2011.Book-Entry-Only System

The bonds shall be registered under a book-entry-onlysystem administered through DTC.Paying Agent and Bond Registrar

Kansas State Treasurer, Topeka, Kansas.

Good Faith DepositEach bid shall be accompanied by a good faith deposit

in the form of a cashier’s or certified check drawn on abank located in the United States, a qualified financialsurety bond or a wire transfer in Federal Reserve fundsimmediately available for use by the issuer in the amountof $640,000.Delivery

The issuer will pay for printing the bonds and will de-liver the same properly prepared, executed and regis-tered without cost to the successful bidder on or aboutMarch 24, 2011, to DTC for the account of the successfulbidder.Assessed Valuation and Indebtedness

The equalized assessed tangible valuation for compu-tation of bonded debt limitations for the year 2010 is$2,429,991,616. The total general obligation indebtednessof the issuer as of the dated date, including the bondsbeing sold, is $340,875,000.Approval of Bonds

The bonds will be sold subject to the legal opinion ofGilmore & Bell, P.C., Kansas City, Missouri, bond coun-sel, whose approving legal opinion as to the validity ofthe bonds will be furnished and paid for by the issuer,printed on the bonds and delivered to the successful bid-der when the bonds are delivered.Additional Information

Additional information regarding the bonds may beobtained from the undersigned, or from the financial ad-visor, at the addresses set forth below:Written and Facsimile Bid and Good Faith DepositDelivery Address:

Unified School District No. 229Johnson County, Kansas15020 MetcalfOverland Park, KS 66283-0901Attn: Jenni Newell, Executive Director of

Business and Finance(913) 239-4000Fax (913) 239-4150E-mail: [email protected]

Financial Advisor:George K. Baum & Co.4801 Main St., Suite 500Kansas City, MO 64112Attn: David Arteberry(816) 283-5137Fax (816) 283-5326E-mail: [email protected]

Dated February 14, 2011.Unified School District No. 229

Johnson County, Kansas*Preliminary; subject to change.Doc. No. 039156

� Kansas Secretary of State 2011Vol. 30, No. 8, February 24, 2011

Request for Comments/Notice 159Kansas Register

State of KansasDepartment of Health

and EnvironmentRequest for Comments

The Kansas Department of Health and Environment issoliciting comments regarding a proposed air quality op-erating permit and amending a previously issued con-struction approval. Westar Energy, Inc. — Emporia En-ergy Center has applied for a Class I operating permit inaccordance with the provisions of K.A.R. 28-19-510 et seq.The purpose of a Class I permit is to identify the sourcesand types of regulated air pollutants emitted from thefacility; the emission limitations, standards and require-ments applicable to each source; and the monitoring, rec-ord keeping, and reporting requirements applicable toeach source as of the effective date of permit issuance.Notice also is given that the startup and shutdown defi-nitions for the combustion turbines, and the submittaldate for the semi-annual report in the construction ap-proval dated April 17, 2007, are being modified by a mod-ification of approval conditions.

Westar Energy, Inc. — Emporia Energy Center, 818 S.Kansas Ave., P.O. Box 889, Topeka, KS 66601, owns andoperates a natural gas-fired power plant in Lyon County,located at 1385 Road 200, Emporia, KS 66801.

A copy of the proposed permit, permit application, allsupporting documentation, all information relied uponduring the permit application review process, and a copyof the modification of approval conditions are availablefor a 30-day public review during normal business hoursat the KDHE, Bureau of Air, 1000 S.W. Jackson, Suite 310,Topeka; and a copy of the proposed permit can be re-viewed at the KDHE Southeast District Office, 1500 W.7th, Chanute. To obtain or review either document, con-tact Jessica Webb, (785) 296-1578, at the KDHE centraloffice; and to review the proposed permit only, contactDoug Cole, (620) 431-2390, at the KDHE Southeast Dis-trict Office. The standard departmental cost will be as-sessed for any copies requested.

Direct written comments or questions regarding thedocuments to Jessica Webb, KDHE, Bureau of Air, 1000S.W. Jackson, Suite 310, Topeka, 66612-1366. In order tobe considered in formulating final document decisions,written comments must be received before the close ofbusiness March 28.

A person may request a public hearing be held on theproposed documents. The request for a public hearingshall be in writing and set forth the basis for the request.The written request must be submitted to Sharon Burrell,Bureau of Air, not later than the close of business March28 in order for the Secretary of Health and Environmentto consider the request.

The U.S. Environmental Protection Agency has a 45-day review period, which will start concurrently with the30-day public comment period, within which to object tothe proposed permit. If the EPA has not objected in writ-ing to the issuance of the permit within the 45-day reviewperiod, any person may petition the administrator of theEPA to review the permit. The 60-day public petition pe-riod will directly follow the EPA’s 45-day review period.

Interested parties may contact KDHE to determine if theEPA’s 45-day review period has been waived.

Any such petition shall be based only on objections tothe permit that were raised with reasonable specificityduring the public comment period provided for in thisnotice, unless the petitioner demonstrates that it was im-practicable to raise such objections within such period, orunless the grounds for such objection arose after such pe-riod. Contact Patricia Scott, U.S. EPA, Region VII, Air Per-mitting and Compliance Branch, 901 N. 5th St., KansasCity, KS 66101, (913) 551-7097, to determine when the 45-day EPA review period ends and the 60-day petition pe-riod commences.

Robert P. Moser, M.D.Acting Secretary of Health

and EnvironmentDoc. No. 039150

State of KansasDepartment of Administration

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:

03/08/2011 EVT0000450 Bituminous Plant Mixture HotMix-Cold Lay — D4

03/08/2011 EVT0000453 Bituminous Mix, Hot/Cold — D503/08/2011 EVT0000454 Bituminous Plant Mixture — D5

— South Central03/08/2011 EVT0000456 Variable Message Boards03/08/2011 EVT0000459 Washer Extractors, Furnish &

Install03/10/2011 EVT0000423 Inmate Merchandise, Special PO03/10/2011 EVT0000461 Earthmoving Service — Neosho

Wildlife Area03/18/2011 EVT0000413 Janitorial Services — Iola04/07/2011 EVT0000452 KITS Maintenance

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 below must

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

03/15/2011 A-011395 Rev Field Maintenance Shop #7 —Reparations — Kansas City —Kansas Dept. of Transportation,Topeka

03/17/2011 A-011499 Subarea Reroof — Garden City —Kansas Dept. of Transportation,Topeka

Chris HoweDirector of Purchases

Doc. No. 039160

� Kansas Secretary of State 2011 Vol. 30, No. 8, February 24, 2011

Hearing/Notice160 Kansas Register

State of KansasDepartment of Health

and EnvironmentNotice of Hearing on Proposed

Administrative Regulations

The Kansas Department of Health and Environment,Division of Environment, Bureau of Environmental FieldServices, will conduct a public hearing at 2 p.m. Thurs-day, May 26, in Room 530 of the Curtis State Office Build-ing, 1000 S.W. Jackson, Topeka, to consider the adoptionof K.A.R. 28-16-28g, a proposed amended regulation re-garding Kansas Surface Water Quality Standards andadopting the Kansas Surface Water Register. The follow-ing is a summary of the proposed amendments and es-timated economic impact:Summary of Regulation:

K.A.R. 28-16-28g is the classification and use designa-tion section of the Kansas Surface Water Quality Stan-dards. Designated uses of surface waters are listed in theKansas Surface Water Register, which is adopted by ref-erence in K.A.R. 28-16-28g. The register identifies majorclassified streams, lakes and wetlands and the uses thatare existing or attainable. In the period of January 1, 2007through July 30, 2008, 971 stream segments and 36 lakeswere evaluated by a designated use attainability analysis(UAA) to determine the appropriate use designations.These proposed revisions identify the designated usechanges for 709 stream segments and 36 lakes as a resultof UAA findings. Three stream segments are proposedfor deletion from the Kansas Surface Water Register (re-moved from classification); 16 stream segments are pro-posed for secondary contact recreation; 20 stream seg-ments are proposed for primary contact recreation; and703 stream segments added or changed designated useassignments for aquatic life support use, food procure-ment, domestic water supply, industrial water supply,livestock watering, irrigation and groundwater recharge.Two lakes are proposed for deletion and 30 lakes are pro-posed for domestic water supply, industrial water sup-ply, livestock watering, irrigation and groundwater re-charge.Economic Impact:

There are no anticipated costs of compliance resultingfrom these changes in designated use designations.

The time period between the publication of this noticeand the scheduled hearing constitutes a 60-day publiccomment period for the purpose of receiving written pub-lic comments on the proposed regulatory action. Com-ments should be submitted to Steve Haslouer, KDHE, Bu-reau of Environmental Field Services, 1000 S.W. Jackson,Suite 430, Topeka, 66612-1367, by fax to (785) 296-6247,or by e-mail to [email protected]. All interested par-ties will be given a reasonable opportunity to presenttheir views orally on the proposed regulatory action dur-ing the hearing, as well as to submit their written com-ments at that time. In order to give all parties an oppor-tunity to present their views, it may be necessary torequire each participant to limit any oral presentation tofive minutes.

Copies of the proposed regulation and documentadopted by reference, economic impact and environmen-tal benefits statements and notice of hearing may be ob-tained on the Bureau of Environmental Field ServicesWeb site at http://www.kdheks.gov/befs or by contactingMelissa Hammond at the address above, (785) 296-6603or fax (785) 296-6247.

Any individual with a disability may request accom-modation in order to participate in the public hearing andmay request the proposed regulation and the economicimpact and environmental benefits statements in an ac-cessible format. Requests for accommodation should bemade at least five working days in advance of the hearingby contacting Melissa Hammond.

Robert P. Moser, M.D.Acting Secretary of Health

and Environment

Doc. No. 039151

State of KansasDepartment of Health

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-11-034/035Pending Permits for Confined Feeding Facilities

Name and Addressof Applicant

LegalDescription

ReceivingWater

Fred Cox, Jr.8920 S. Simpson RoadAssaria, KS 67416

NE/4 of Section 19,T16S, R02W, SalineCounty

Smoky Hill RiverBasin

Kansas Permit No. A-SHSA-B006This permit is being reissued for an existing facility with a maximum

capacity of 150 head (150 animal units) of cattle more than 700pounds and 100 head (50 animal units) of cattle 700 pounds or less,

� Kansas Secretary of State 2011Vol. 30, No. 8, February 24, 2011

Notice 161Kansas Register

for a total of 250 head (200 animal units) of cattle. There is no changein the permitted animal units from the previous permit.

Name and Addressof Applicant

LegalDescription

ReceivingWater

Tanking DairyRandy Tanking29202 O RoadWetmore, KS 66550

NW/4 of Section 32,T05S, R15E, JacksonCounty

Kansas RiverBasin

Kansas Permit No. A-KSJA-B003This permit is being reissued for an existing facility with a maximum

capacity of 20 head (20 animal units) of cattle more than 700 poundsand 20 head (10 animal units) of cattle 700 pounds or less, for a totalof 40 head (30 animal units) of cattle. There is no change in thepermitted animal units from the previous permit.

Public Notice No. KS-Q-11-013

The requirements of the draft permits public noticedbelow are pursuant to the Kansas Surface Water QualityStandards, K.A.R. 28-16-28(b-f), and Federal Surface Wa-ter Criteria:Name and Addressof Applicant

ReceivingStream

Type ofDischarge

Mid-Kansas ElectricCompany, LLC

301 W. 13th St.Hays, KS 67601-0980

Arkansas River ProcessWastewater

Kansas Permit No. I-UA11-PO02 Federal Permit No. KS0079995Legal Description: NE1⁄4, S4, T27S, R24W, Ford CountyFacility Name: Fort Dodge StationFacility Location: 11453 Fort Dodge Road, Dodge City, KS 67801Facility Description: The proposed action is to reissue an existing permit

for the operation of an existing wastewater treatment facility at anatural gas fired steam electric generating station used for base loadpower generation. Wastewater is generated from a demineralizerand RO operation as well as typical generating activities. The pro-posed permit contains limits for total residual oxidant, sulfate, pHand whole effluent toxicity, as well as monitoring of temperature,nitrate+nitrite, fluoride, total Kjeldahl nitrogen, total nitrogen, totalphosphorus, total recoverable metals, priority pollutants and efflu-ent flow. Domestic waste is directed to a septic tank system. Theboiler cleaning waste is collected separately and shipped offsite fortreatment and disposal. The reverse osmosis reject is directed to aClass I disposal well. Contained in the permit is a schedule of com-pliance requiring the permittee to develop an acceptable plan tomeet permit limits during times when the Class I disposal well willbe taken out of service.

Public Notice No. KS-EG-11-002

In accordance with K.A.R. 28-46-7 and the authorityvested with the state by the administrator of the U.S. En-vironmental Protection Agency, draft permits have beenprepared for the use of the well(s) described below withinthe state of Kansas:Name and Address of ApplicantWichita, City of - Public Works & Utilities455 N. Main St.Wichita, KS 67202Facility Name: Equus Beds Aquifer Storage and Recovery

(ASR) Phase IIFacility Location: Harvey and Sedgwick Counties, KansasPermit Number: KS-05-079-004Well Numbers: MR2, MR4, MR6, MR8, MR10, MR11, MR13, MR14,

MR18, MR19, MR20, MR22, MR23, MR 26, MR42 through MR45,MR47, MR48, MR50, MR51, MR55, MR56 through MR 61

Locations: Portion of Sections 29 & 32, T23S, R2W, Portion of Section7, T24S, R1W, Portion of Sections 8, 16, 17, 19, 21, 22, 26, 28, 29, 35,

T24S, R2W, Portion of Sections 11, 13, 23, 24, T24S, R3W, and Portionof Section 5, T25S, R2W

Facility Description: The proposed action is to issue a new permit forthe use of wells for an Underground Injection Control Area - ClassV Aquifer Storage and Recovery Well system. The recharge facilitiesconsist of 29 aquifer storage and recovery wells and one rechargebasin located approximately 3 to 10 miles west of Halstead andSedgwick, Kansas, in a generally northwest-southeast geographicalignment. The proposed permit authorizes both the injection intowells and flow to a recharge basin of treated surface water from theLittle Arkansas River for the purpose of storage and later recoveryof groundwater. The proposed permit contains limits for pH, chlo-ride, atrazine, arsenic, nitrate, injection pressure and injection vol-ume. Monitoring for specific conductance, turbidity, temperature,hardness , dissolved solids, dissolved potassium, sodium, sulfate,dissolved carbonate, total phosphorus, dissolved manganese, totalcoliform 3, suspended solids, alkalinity as CaCO3, dissolved cal-cium, dissolved bicarbonate, nitrate, dissolved iron, dissolved tria-zine herbicide screen, and dissolved E. coli also is required. The con-struction, monitoring and operation of these wells shall meet therequirements that apply to Class V Injection wells under K.A.R. 28-46-1 through 28-46-42 and K.A.R. 28-30-1 through K.A.R. 28-30-10.

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 26 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-11-034/035, KS-Q-11-013, KS-EG-11-002) and name of the applicant/permitteewhen preparing 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.

Robert P. Moser, M.D.Acting Secretary of Health

and EnvironmentDoc. No. 039158

� Kansas Secretary of State 2011 Vol. 30, No. 8, February 24, 2011

Notices/Legislative Bills162 Kansas Register

State of KansasDepartment of Health

and EnvironmentRequest for Applications for theKansas Quality of Care Project

The Kansas Department of Health and Environment’sBureau of Health Promotion and Bureau of Local and Ru-ral Health are posting a request for applications for theKansas Quality of Care Project. The purpose of the projectis to support provider-based rural healthcare clinics toimprove the quality of care for adult patients with dia-betes, hypertension and hyperlipidemia in counties thatdo not currently have a KDHE-funded Kansas Quality ofCare Project.

Organizations that are eligible to apply for this grantinclude provider-based rural healthcare clinics linked toa critical access hospital located in Clark, Comanche, De-catur, Edwards, Gove, Graham, Greeley, Hamilton, Hod-geman, Kearny, Lane, Logan, Ness, Norton, Pawnee,Phillips, Rawlins, Rush, Scott, Stanton, Trego and Wichitacounties. First consideration will be given to clinics thathave previously participated in the Kansas Quality ofCare Project (formerly Statewide Diabetes Quality of CareProject).

The submission deadline is March 11. For additionalinformation, contact Kate Watson, Bureau of Health Pro-motion, at (785) 291-8059 or [email protected].

Robert P. Moser, M.D.Acting Secretary of Health

and EnvironmentDoc. No. 039161

State of KansasAttorney General

Opinion 2011-2

State Departments: Public Officers and Employees—Kansas Tort Claims Act—Liability of Governmental En-tities for Damages Caused by Employee Acts; Defenseof Governmental Entity or Employee; GovernmentalEmployees Assigned to Represent the GovernmentalEntity on the Homeland Security Council, February 7,2011.

Synopsis: Members of a Regional Homeland SecurityCouncil are considered an employee as defined in theKansas Tort Claims Act and, as such, would be affordeda defense by the appointing authority against any tortclaims while acting within the scope of their appointmentand provided that such employee did not act with actualfraud or actual malice. Cited herein: K.S.A. 65-5721; 75-6101; K.S.A. 2009 Supp. 75-6102 as amended by L.2010,ch. 86 § 1; K.S.A. 2009 Supp. 75-6108. MJS

Opinion 2011-3

Courts—District Courts—County Commissioners Re-sponsible for Certain Expenses of District Court Oper-ations; Costs of Fees for Counsel Appointed in a HabeasCorpus Proceeding under K.S.A. 60-1501 to RepresentIndigent Persons Confined Pursuant to the Sexually Vi-olent Predator Act, February 9, 2011.

Synopsis: K.S.A. 20-348 authorizes the court to tax thecounty for the attorney fees of an indigent person con-fined pursuant to the Sexually Violent Predator Act(SVPA) in a habeas corpus proceeding under K.S.A. 60-1501. Cited herein: K.S.A. 20-348; 22-4503; 22-4506; K.S.A.2009 Supp. 59-29a07; K.S.A. 59-29a06; K.S.A. 2009 Supp.60-2001; K.S.A. 60-2002; 60-2003; 60-1501. JLA

Opinion 2011-4

Schools—Community Colleges—Organization, Powersand Finances of Boards of Trustees; Board of Trustees;Powers and Duties; Filling Vacancies, February 17, 2011.

Synopsis: A community college board of trustees ischarged with filling vacancies on to place the matter be-fore the voters. Cited herein: K.S.A. 25-2002; 25-2002; 71-1412; 71-1413 and 71-1419. MJS

Derek SchmidtAttorney General

Doc. No. 039157

State of KansasLegislature

Legislative Bills and Resolutions Introduced

The following numbers and titles of bills and resolu-tions were introduced February 10-16 by the 2011 KansasLegislature. Copies of bills and resolutions are availablefree of charge from the Legislative Document Room, 58-S, 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 2264, AN ACT concerning property taxation; relating to exemp-

tions; mineral rights; repealing K.S.A. 79-420, by Committee on Taxa-tion.

HB 2265, AN ACT concerning property; relating to delinquent taxesand special assessments; interest and penalties; redemption procedures;certain vacant land; amending K.S.A. 2010 Supp. 79-2004 and 79-2401aand repealing the existing sections, by Committee on Taxation.

HB 2266, AN ACT concerning sales taxation; relating to communityimprovement districts; notice of rate of tax; amending K.S.A. 2010 Supp.12-6a31 and repealing the existing section, by Committee on Taxation.

HB 2267, AN ACT concerning utilities; relating to electric supply anddemand reports, by Committee on Energy and Utilities.

HB 2268, AN ACT concerning state agencies; relating to the collectionof licenses, fees, charges, taxes and exactions, by Committee on Gov-ernment Efficiency.

HB 2269, AN ACT concerning school districts; relating to school fi-nance; amending K.S.A. 72-6410, 72-6415b, 72-6431, 72-6433, 72-6435, 72-6449 and 72-6451 and repealing the existing sections; also repealingK.S.A. 2010 Supp. 72-6442b, by Committee on Education.

HB 2270, AN ACT concerning school districts; relating to school fi-nance; nonproficient pupils; amending K.S.A. 2010 Supp. 72-6407 and72-6438 and repealing the existing sections, by Committee on Education.

HB 2271, AN ACT concerning agriculture; relating to plant pest in-spection and control; amending K.S.A. 2010 Supp. 2-2113, 2-2115, 2-2116, 2-2117, 2-2118, 2-2120, 2-2122, 2-2123, 2-2124, 2-2125, 2-2126, 2-2128 and 2-2129 and repealing the existing sections, by Committee onAgriculture and Natural Resources.

HB 2272, AN ACT concerning water; relating to regulation by thedepartment of agriculture, division of water resources, by Committeeon Agriculture and Natural Resources.

HB 2273, AN ACT designating part of K-99 as the Frankfurt BoysWorld War II highway; amending K.S.A. 2010 Supp. 68-1057 and re-pealing the existing section, by Committee on Transportation.

� Kansas Secretary of State 2011Vol. 30, No. 8, February 24, 2011

Legislative Bills 163Kansas Register

HB 2274, AN ACT designating part of interstate highway 70 as theEisenhower/Truman Presidential highway; amending K.S.A. 68-1009and repealing the existing section, by Committee on Transportation.

HB 2275, AN ACT concerning health insurance; relating to healthprovider payments, by Committee on Insurance.

HB 2276, AN ACT concerning health insurance; relating to mandatelite health benefits plans; commissions; specially designed policies, byCommittee on Insurance.

HB 2277, AN ACT concerning crimes, punishment and criminal pro-cedure; relating to driving under the influence; amending K.S.A. 2009Supp. 8-1567, as amended by section 3 of chapter 153 of the 2010 SessionLaws of Kansas and K.S.A. 2010 Supp. 75-5291 and repealing the exist-ing sections, by Committee on Judiciary.

HB 2278, AN ACT concerning income taxation; providing a checkofffor the Kansas hometown heroes fund, by Committee on Veterans, Mil-itary and Homeland Security.

HB 2279, AN ACT concerning dental assistants; relating to the per-formance of coronal scaling, by Committee on Health and Human Serv-ices.

HB 2280, AN ACT concerning the Kansas dental board; relating tolicensure of registered dental practioners; amending K.S.A. 65-1421, 65-1424, 65-1441, 65-1449, 65-1460, 65-1462, 74-1404, 74-1405 and 74-1406and K.S.A. 2010 Supp. 65-1431, 65-1434, 65-1436, 65-1447, 65-1469, 65-4915, 65-4921, 65-5912, 65-7304, 75-2935 and 75-6102 and repealing theexisting sections, by Committee on Health and Human Services.

HB 2281, AN ACT making and concerning appropriations for thefiscal year ending June 30, 2012, for the department of social and reha-bilitative services; relating to home and community based services forautism, by Committee on Children and Families.

HB 2282, AN ACT concerning lodging inspections; relating to lodginginspection fees; amending K.S.A. 2010 Supp. 36-502, 36-518 and 74-591and repealing the existing sections; also repealing K.S.A. 2010 Supp. 36-512, by Committee on Agriculture and Natural Resources Budget.

HB 2283, AN ACT concerning lobbying and the use of public funds,by Committee on Judiciary.

HB 2284, AN ACT concerning the use of public funds for lobbyingfor a tax increase, by Committee on Judiciary.

HB 2285, AN ACT concerning motor vehicles; relating to cities andcounties; seat belt violations; denial of certain state funds; amendingK.S.A. 2010 Supp. 68-416 and 79-3425c and repealing the existing sec-tions, by Committee on Transportation.

HB 2286, AN ACT concerning school districts; relating to school fi-nance; relating to supplemental general state aid; amending K.S.A. 2010Supp. 72-6434 and repealing the existing section, by Committee on Ed-ucation.

HB 2287, AN ACT concerning sales taxations; relating to exemptions;certain sales of school supplies, computers and clothing during sales taxholiday; amending K.S.A. 2010 Supp. 79-3606 and repealing the existingsection, by Committee on Taxation.

HB 2288, AN ACT concerning school districts; relating to the assessedvaluation of certain school districts, by Committee on Taxation.

HB 2289, AN ACT making and concerning appropriations for thefiscal year ending June 30, 2012, for the department on aging and thedepartment of social and rehabilitation service; relating to home andcommunity based services, by Committee on Children and Families.

HB 2290, AN ACT concerning taxation; relating to mineral severancetax; distribution of revenue; amending K.S.A. 2010 Supp. 79-4227 andrepealing the existing section, by Committee on Education.

HB 2291, AN ACT concerning insurance; relating to automobile lia-bility insurance; amending K.S.A. 40-284 and repealing the existing sec-tion, by Committee on Insurance.

HB 2292, AN ACT concerning insurance; excluding coverage for cer-tain abortions; amending K.S.A. 2010 Supp. 40-2,103 and 40-19c09 andrepealing the existing sections, by Committee on Insurance.

HB 2293, AN ACT concerning insurance; relating to state employeehealth savings accounts, by Committee on Insurance.

HB 2294, AN ACT concerning cities; relating to annexation; amendingK.S.A. 12-519, 12-520b, 12-521, 12-531, 12-532 and 60-2301 and K.S.A.2010 Supp. 25-432 and repealing the existing sections, by Committee onLocal Government.

HB 2295, AN ACT concerning parks and wildlife; relating to the reg-ulation of hunting; amending K.S.A. 2010 Supp. 32-919, 32-932, 32-937,32-980 and 32-988 and repealing the existing sections, by Committee onAgriculture and Natural Resources.

HB 2296, AN ACT concerning state institutions and agencies; estab-lishing the joint committee on oversight of the closure of the Kansasneurological institute and the Kansas neurological institute communityconversion conservation fund, by Committee on Aging and Long TermCare.

HB 2297, AN ACT concerning service members; relating to civil reliefin foreclosure proceedings, by Committee on Veterans, Military andHomeland Security.

HB 2298, AN ACT concerning veterans; relating to the executive di-rector of the Kansas commission on veterans affairs; amending K.S.A.73-1208c and repealing the existing section, by Committee on Veterans,Military and Homeland Security.

HB 2299, AN ACT merchant and security police; prohibiting citiesand counties from issuing licenses and permits; amending K.S.A. 12-1679 and repealing the existing section, by Committee on Veterans, Mil-itary and Homeland Security.

HB 2300, AN ACT concerning state legislatures; relating to re-em-ployment, by Committee on Federal and State Affairs.

HB 2301, AN ACT providing for the phasing out and closure of theschool for the deaf and the school for the blind, by Committee on Ed-ucation.

HB 2302, AN ACT concerning schools; relating to charter schools;amending K.S.A. 2010 Supp. 72-1906 and repealing the existing section,by Committee on Education.

HB 2303, AN ACT concerning utilities; relating to rates for electricityand variable time-of-day pricing, by Committee on Energy and Utilities.

HB 2304, AN ACT concerning rules and regulations; relating to nul-lification, by Committee on Judiciary.

HB 2305, AN ACT concerning board of indigents’ defense; amendingK.S.A. 22-4519 and repealing the existing section, by Committee on Ju-diciary.

HB 2306, AN ACT concerning the department of administration; re-lating to the requirements for purchase of motor vehicles by state agen-cies, by Committee on Government Efficiency.

HB 2307, AN ACT enacting the Kansas residential roofing act, byCommittee on Insurance.

HB 2308, AN ACT concerning elections; relating to campaign finance;amending K.S.A. 2010 Supp. 25-4148 and repealing the existing section,by Committee on Elections.

HB 2309, AN ACT concerning campaign finance; relating to transferof campaign funds; amending K.S.A. 25-4157 and K.S.A. 2010 Supp. 25-4143 and 25-4157a and repealing the existing sections, by Committee onElections.

HB 2310, AN ACT concerning retirement and pensions; relating tothe Kansas public employees retirement system and systems thereun-der; employment after retirement; amending K.S.A. 2010 Supp. 74-4914and 74-4937 and repealing the existing sections, by Committee on Pens-ion and Benefits.

HB 2311, AN ACT concerning retirement and pensions; enacting theKansas public employees retirement system defined contribution act;providing terms, conditions and requirements related thereto; relatingto plan document, membership, benefits and contributions; death anddisability benefits, by Committee on Pension and Benefits.

HB 2312, AN ACT concerning regulated scrap metal; relating to li-censure for scrap metal dealers; unlawful acts; criminal penalties;amending K.S.A. 2010 Supp. 50-6,109 and 50-6,111 and repealing theexisting sections, by Committee on Judiciary.

HB 2313, AN ACT concerning civil procedure; relating to social andrehabilitation services; amending K.S.A. 60-1501 and repealing the ex-isting section, by Committee on Judiciary.

HB 2314, AN ACT concerning drainage district No. 2 of Finneycounty, Kansas; pertaining to the election of directors; amending K.S.A.24-412 and K.S.A. 2010 Supp. 24-139a and 24-409 and repealing the ex-isting sections, by Committee on Taxation.

HB 2315, AN ACT concerning public health; relating to the licensureof home nursing agencies, home health agencies and home servicesagencies; amending K.S.A. 65-5101, 65-5102, 65-5103, 65-5105, 65-5106,65-5107, 65-5108, 65-5109, 65-5111, 65-5115 and 65-5116 and K.S.A. 2010Supp. 65-5104, 65-5112 and 65-5117 and repealing the existing sections,by Committee on Aging and Long Term Care.

HB 2316, AN ACT concerning economic development; establishingthe bioscience investment fund; taxation of certain bonds; amendingK.S.A. 2010 Supp. 79-32,117 and repealing the existing section, by Com-mittee on Vision 2020.

(continued)

� Kansas Secretary of State 2011 Vol. 30, No. 8, February 24, 2011

Legislative Bills164 Kansas Register

HB 2317, AN ACT concerning taxation; relating to IMPACT program,withholding, requirements, limitations; income tax deductions, expens-ing of investment expenditures; income tax credits; sales tax exemp-tions; creating job creation program fund, administration, expenditures;amending K.S.A. 2010 Supp. 74-50,104, 74-50,106, 74-50,107, 74-50,109,74-50,110, 74-50,111, 74-50,132, 79-32,160a, 79-32,206 and 79-3606 andrepealing the existing sections; also repealing K.S.A. 2010 Supp. 74-50,151 and 74-50,152, by Committee on Taxation.

HB 2318, AN ACT concerning crimes and punishment; relating tocontrolled substances; amending K.S.A. 2010 Supp. 21-36a01, 21-36a05,21-36a09, 21-36a10, 21-36a13 and 21-36a14 and repealing the existingsections, by Committee on Corrections and Juvenile Justice.

HB 2319, AN ACT concerning crimes, criminal procedure and pun-ishment; relating to house arrest. Amending sections 244, 249 and 285of chapter 136 of the 2010 Session Laws of Kansas and repealing theexisting sections, by Committee on Corrections and Juvenile Justice.

HB 2320, AN ACT concerning oil and gas; relating to unit operations;amending K.S.A. 55-1305 and repealing the existing section, by Com-mittee on Agriculture and Natural Resources.

HB 2321, AN ACT concerning crimes and punishment; creating thecrimes of armed criminal action and endangerment; relating to furtheramendments to the recodified criminal code; amending K.S.A. 2010Supp. 21-4010 and 21-4012 and sections 9, 34, 37, 61, 68, 71, 81, 92, 93,129, 130, 132, 136, 165, 197, 223, 224 and 300 of chapter 136 of the 2010Session Laws of Kansas and repealing the existing sections; also re-pealing K.S.A. 2010 Supp. 21-3302, 21-3446, 21-3447, 21-3506 and 21-4311, by Committee on Corrections and Juvenile Justice.

HB 2322, AN ACT concerning the Kansas offender registration act;amending K.S.A. 22-4901, 22-4903, 22-4908, 22-4909 and 22-4911 andK.S.A. 2010 Supp. 22-4902, 22-4904, 22-4905, 22-4906, 22-4907 and 22-4913 and repealing the existing sections; also repealing K.S.A. 22-4912,by Committee on Corrections and Juvenile Justice.

HB 2323, AN ACT concerning crimes, punishment and criminal pro-cedure; relating to abolition of the death penalty; creating the crime ofaggravated murder; sentences of imprisonment for life without the pos-sibility of parole; amending K.S.A. 22-3405, 22-3705 and 22-4210 andK.S.A. 2010 Supp. 22-3717, 22-3728, 22-4902, 38-2255, 38-2271, 38-2312,38-2365, 39-970, 65-5117, 72-1397 and 75-52,148 and sections 54, 254, 258,260, 262, 266, 268, 269 and 287 of chapter 136 of the 2010 Session Lawsof Kansas and repealing the existing sections; also repealing K.S.A. 2010Supp. 21-4619, 21-4623, 21-4624, 21-4634, 21-4642, 22-3717c and 38-2255aand sections 36, 257 and 259 of chapter 136 of the 2010 Session Laws ofKansas, by Committee on Corrections and Juvenile Justice.

HB 2324, AN ACT concerning cigarettes and tobacco products; relat-ing to electronic cigarettes; amending K.S.A. 2010 Supp. 79-3321 andrepealing the existing section, by Committee on Corrections and Juve-nile Justice.

HB 2325, AN ACT concerning crimes, criminal procedure and pun-ishment; relating to the calculation of good time credits for inmates onpostrelease supervision; amending K.S.A. 2010 Supp. 22-3717 and sec-tion 302 of chapter 136 of the 2010 Session Laws of Kansas and repealingthe existing sections; also repealing K.S.A. 2010 Supp. 22-3717c, by Com-mittee on Corrections and Juvenile Justice.

HB 2326, AN ACT concerning crimes, criminal procedure and pun-ishment; relating to offender supervision and placement; amendingK.S.A. 2010 Supp. 75-5291 and section 244 of chapter 136 of the 2010Session Laws of Kansas and repealing the existing sections, by Com-mittee on Corrections and Juvenile Justice.

HB 2327, AN ACT concerning crimes, criminal procedure and pun-ishment; relating to sentencing of veterans suffering from posttraumaticstress disorder; amending K.S.A. 2010 Supp. 73-1209 and repealing theexisting section, by Committee on Corrections and Juvenile Justice.

HB 2328, AN ACT concerning retirement and pensions; relating tothe Kansas public employees retirement system; employer contribu-tions; amending K.S.A. 2010 Supp. 74-4920 and repealing the existingsection, by Committee on Pension and Benefits.

HB 2329, AN ACT concerning courts; relating to expunged records;relating to petitions for relief; amending K.S.A. 22-4701 and 22-4705 andK.S.A. 2010 Supp. 12-4516a, 22-2410 and 38-2312 and section 254 ofchapter 136 or the 2010 Session Laws of Kansas repealing the existingsections, by Committee on Corrections and Juvenile Justice.

HB 2330, AN ACT enacting the cannabis compassion and care act;providing for the legal use of cannabis for certain debilitating medicalconditions; providing for the registration and functions of compassioncenters; authorizing the issuance of identification cards; establishing the

compassion board; providing for administration of the act by depart-ment of health and environment; amending K.S.A. 79-5210 and repeal-ing the existing section, by Committee on Commerce and EconomicDevelopment.

HB 2331, AN ACT concerning economic development; creating ruralopportunity zones; relating to income taxation, credit for certain tax-payers, amount and requirements; student loan repayment program, byCommittee on Taxation.

HB 2332, AN ACT concerning crimes and punishment; relating tosexual exploitation of a child; amending sections 33, 34, 35 and 74 ofchapter 136 of the 2010 Session Laws of Kansas and repealing the ex-isting sections, by Committee on Judiciary.

HB 2333, AN ACT concerning retirement and pensions; relating tothe Kansas public employees retirement system; normal retirement date;amending K.S.A. 74-4914c and K.S.A. 2010 Supp. 74-4914 and 74-4937and repealing the existing sections, by Committee on Pension and Ben-efits.

HB 2334, AN ACT concerning crimes, criminal procedure and pun-ishment; relating to competence of defendants to stand trial; repealingK.S.A. 22-3301 and 22-3306 and K.S.A. 2010 Supp. 22-3302, 22-3303, 22-3305 and 22-3305a, by Committee onCorrections and Juvenile Justice.

HB 2335, AN ACT concerning the Kansas act against discrimination;amending K.S.A. 44-1002 and 44-1006 and repealing the existing sec-tions, by Committee on Federal and State Affairs.

HB 2336, AN ACT establishing the Kansas employment first initiativeact and creating the Kansas employment first oversight commission, byCommittee on Federal and State Affairs.

HB 2337, AN ACT concerning abortion; relating to licensure of abor-tion clinics, by Committee on Federal and State Affairs.

HB 2338, AN ACT concerning taxation; providing a sales tax exemp-tion for certain commercial data centers; amending K.S.A. 2010 Supp.79-3606 and repealing the existing section, by Committee on Taxation.

HB 2339, AN ACT concerning crimes, punishment and crinimal pro-cedure; amending K.S.A. 8-254, 8-285, 8-1450, 9-2004, 19-101d, 19-27,139,19-4808, 20-369, 22-2411, 22-2615, 22-2307, 22-2908, 22-3008, 22-3102, 22-3414, 22-3415, 22-3427, 22-3429, 22-3436, 22-3439, 22-3602, 22-3701, 22-3725, 22-4807a, 34-228, 34-249a, 36-602, 38-1132, 39-720, 39-785, K.S.A.Supp. 8-255, 8-116a, 8-255, 8-262, 8-287, 8-2,144, 8-1013, 8-1102, 8-1567,8-2106, 8-2117, 8-2410, 12-16,119, 12-4104, 12-4516, 12-4516a, 12-4517, 17-12a508, 20-2207, 20-2208, 20-3207, 22-2310, 22-3410, 22-2512, 22-2802, 22-2901, 22-2909, 22-3212, 21-3212a, 21-3220, 21-3221, 22-3303, 22-3426, 22-3716, 22-3717, 22-3727, 22-3727a, 22-4614, 22-4616, 22-4617, 22-4902,22-4906, 28-177, 32-1013, 32-1047, 32-1063, 36-604, 38-2202, 38-2255, 38-2271, 38-2302, 38-2303, 38-2309, 38-2310, 38-2312, 38-2313, 38-2326, 38-2331, 38-2355, 38-2356, 38-2361, 38-2364, 38-2365, 38-2371, 38-2377, 39-970, 40-252, 40-2,118, 40-1702, 40-3213, Section 2, 11, 21, 22, 23, 24, 25,26, 28, 33, 34, 35, 39, 47, 48, 49, 52, 53, 56, 57, 60, 61, 62, 64, 67, 68, 70,74, 76, 78, 88, 96, 98, 105, 136, 139, 141, 147, 158, 159, 164, 177, 183, 186,187, 188, 189, 190, 192, 194, 198, 209, 212, 223, 225, 230, 232. 242, 243,244, 247, 248, 254, 257, 259. 260, 262, 266, 267, 268, 269, 271, 285, 291,292, 298 of chapter 136 of the 2010 Session Laws of Kansas and repealingthe existing sections; also repealing 22-3220 and K.S.A. 2009 Supp. 21-3110, as amended by section 5 of chapter 101 of the 2010 Session Lawsof, 21-3412a, as amended by section 6 of chapter 101 of the 2010 SessionLaws of, 214603d, as amended by section 7 of chapter 101 of the 2010Session Laws of, K.S.A. 2010 Supp. 8-255, 21-3105, 21-3211, 21-3212, 21-3212a, 21-3213, 21-3214, 21-3215, 21-3216, 21-3217, 21-3218, 21-3220, 21-3301, 21-3302, 21-3303, 21-3437, 21-3446, 21-3447, 21-3449, 21-3450, 21-3502, 21-3504, 21-3506, 21-3513, 21-3516, 21-3520, 21-3608a, 21-3826,21-4018, 21-4201, 21-4203, 21-4204, 21-4218, 21-4226, 21-4311, 21-4316,21-4603d, 21-4610a, 21-4619, 21-4623, 21-4624, 21-4632, 21-3221; Section2, Section 105, Section 11, Section 136, Section 139, Section 141, Section147, Section 158, Section 159, Section 164, Section 177, Section 183, Sec-tion 186, Section 187, Section 189, Section 190, Section 192, Section 194,Section 198 of chapter 136 of the 2010 Session Laws of Kansas, Section21, Section 22, Section 23, Section 24, Section 25, Section 26, Section 28,Section 33, Section 34, Section 35, Section 39, Section 47, Section 48,Section 49, Section 52, Section 53, Section 56, Section 57, Section 60,Section 61, Section 62, Section 64, Section 67, Section 68, Section 70,Section 74, Section 76, Section 78, Section 88, Section 96 and Section 98and repealing the existing section, by Committee on Appropriations.

HB 2340, AN ACT concerning smoking; amending K.S.A. 2010 Supp.21-4010 and repealing the existing section, by Committee on Federaland State Affairs.

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Legislative Bills 165Kansas Register

HB 2341, AN ACT concerning waste; relating to litter control; requir-ing certain beverage containers to be redeemable; prohibiting certainconduct and providing penalty for violation thereof; establishing thereturnable container deposit fund, by Committee on Appropriations.

HB 2342, AN ACT concerning property taxation; relating to apprais-als; mill levy adjustments; resolutions; amending K.S.A. 79-5a04, 79-1412a, 79-1460a and 79-1466 and K.S.A. 2010 Supp. 79-1448, 79-1460 and79-2925b and repealing the existing sections, by Committee on Taxation.

HB 2343, AN ACT concerning children and minors; relating to adop-tion; amending K.S.A. 2010 Supp. 38-2270 and repealing the existingsection, by Committee on Federal and State Affairs.

HB 2344, AN ACT concerning children and minors; relating to per-manency planning; amending K.S.A. 2010 Supp. 38-2263 and repealingthe existing section, by Committee on Federal and State Affairs.

HB 2345, AN ACT concerning children and minors; relating to ordersof temporary custody; amending K.S.A. 2010 Supp. 38-2243 and re-pealing the existing section, by Committee on Federal and State Affairs.

HB 2346, AN ACT concerning criminal procedure; relating to sex of-fenders; amending K.S.A. 22-4903 and K.S.A. 2010 Supp. 8-243, 8-255,22-4902, 22-4904 and 22-4913 and sections 7, 285 and 299 of chapter 136of the 2010 Session Laws of Kansas and repealing the existing sections,by Committee on Federal and State Affairs.

House Concurrent ResolutionsHCR 5013, By Committee on Federal and State Affairs, A PROPO-

SITION to amend the constitution of the state of Kansas by adding anew article thereto, prescribing certain limits upon taxes, revenues andexpenditures by the state.

HCR 5014, By Reps. O’Neal and Davis, A CONCURRENT RESO-LUTION providing for a joint session of the Senate and House of Rep-resentatives for the purpose of hearing a message from the SupremeCourt.

HCR 5015, By Committee on Judiciary, A PROPOSITION to amendsections 2, 5 and 8 of article 3 of the constitution of the state of Kansas;relating to the selection and term of office of supreme court justices.

HCR 5016, By Representative Fawcett, A CONCURRENT RESOLU-TION urging the United States Congress to extend equal benefits forthe treatment of Agent Orange exposure to Vietnam veterans whoserved outside of Vietnam.

House ResolutionsHR 6009, By Committee on Agriculture and Natural Resources, A

RESOLUTION urging the U.S. Army Corps of Engineers to accept ‘‘Lifeof the Project’’ conservation easements.

Senate BillsSB 174, AN ACT concerning certain veterans organizations; dealing

with electronic gaming machines; amending K.S.A. 2010 Supp. 74-8702and repealing the existing section, by Committee on Federal and StateAffairs.

SB 175, AN ACT concerning crimes, punishment and criminal pro-cedure; relating to evidence; videotaping of felony interrogations, byCommittee on Judiciary.

SB 176, AN ACT concerning criminal procedure; relating to condi-tions of release and bond; considerations by court; amending K.S.A.2010 Supp. 22-2802 and repealing the existing section, by Committee onJudiciary.

SB 177, AN ACT concerning taxation; relating to periods of limitationfor certain refunds and credits; amending K.S.A. 2010 Supp. 79-3609 andrepealing the existing section, by Committee on Utilities.

SB 178, AN ACT concerning surplus lines insurance; authorizing thecommissioner to enter into agreements with other states involving sur-plus lines; pertaining to premium taxes on surplus lines insurance;amending K.S.A. 40-246c and 40-246e and K.S.A. 2010 Supp. 40-246band repealing the existing sections, by Committee on Financial Institu-tions and Insurance.

SB 179, AN ACT concerning the Kansas life and health insuranceguaranty association act; amending K.S.A. 40-3009 and K.S.A. 2010Supp. 40-3003, 40-3005 and 40-3008 and repealing the existing sections,by Committee on Financial Institutions and Insurance.

SB 180, AN ACT concerning cities; relating to annexation; amendingK.S.A. 12-519, 12-520b, 12-521, 12-531, 12-532 and 60-2301 and K.S.A.2010 Supp. 25-432 and repealing the existing sections, by Committee onLocal Government.

SB 181, AN ACT concerning immigration; relating to verification ofwork authorization, by Committee on Federal and State Affairs.

SB 182, AN ACT concerning fire insurance premiums; relating to firemarshal fee fund, emergency medical services board operating fund andfire service training program fund; amending K.S.A. 2010 Supp. 75-1514and repealing the existing section, by Committee on Ways and Means.

SB 183, AN ACT concerning motor vehicles; relating to safety belts;amending K.S.A. 2010 Supp. 8-2503 and repealing the existing section,by Committee on Ways and Means.

SB 184, AN ACT concerning adult care homes; relating to the mini-mum nursing care hours required of nursing facilities, by Committeeon Ways and Means.

SB 185, AN ACT concerning insurance; designating trust companiesas trustees; amending K.S.A. 2010 Supp. 40-2a20 and repealing the ex-isting section, by Committee on Ways and Means.

SB 186, AN ACT concerning agriculture; relating to the pest controlact; amending K.S.A. 2-2451 and repealing the existing section, by Com-mittee on Agriculture.

SB 187, AN ACT concerning water; relating to the Kansas water bank-ing act; amending K.S.A. 2010 Supp. 82a-765 and 82a-767 and repealingthe existing sections, by Committee on Natural Resources.

SB 188, AN ACT concerning solid waste; relating to exemptions frompermits; amending K.S.A. 65-3407c and repealing the existing section,by Committee on Natural Resources.

SB 189, AN ACT concerning the Kansas bioscience authority; per-taining to the number of voting members; amending K.S.A. 2010 Supp.74-99b04 and repealing the existing section, by Committee on Com-merce.

SB 190, AN ACT concerning utilities; relating to telecommunicationsand price regulation; amending K.S.A. 2010 Supp. 66-2005 and repealingthe existing section, by Committee on Utilities.

SB 191, AN ACT concerning water; relating to the water rights con-servation program; amending K.S.A. 2010 Supp. 82a-718 and 82a-731and repealing the existing sections, by Committee on Natural Resources.

SB 192, AN ACT concerning the Kansas dental board; relating tolicensure of registered dental practioners; amending K.S.A. 65-1421, 65-1424, 65-1441, 65-1449, 65-1460, 65-1462, 74-1404, 74-1405 and 74-1406and K.S.A. 2010 Supp. 65-1431, 65-1434, 65-1436, 65-1447, 65-1469, 65-4915, 65-4921, 65-5912, 65-7304, 75-2935 and 75-6102 and repealing theexisting sections, by Committee on Ways and Means.

SB 193, AN ACT concerning sales taxation; relating to food sales taxrefunds; information required in support of claim; amending K.S.A. 79-3637 and repealing the existing section, by Committee on Assessmentand Taxation.

SB 194, AN ACT concerning cities; relating to annexation; amendingK.S.A. 60-2301 and repealing the existing section, by Committee on Ag-riculture.

SB 195, AN ACT concerning the state board of healing arts; relatingto the licensure of acupuncturists, by Committee on Public Health andWelfare.

SB 196, AN ACT concerning taxation; relating to IMPACT program,withholding, requirements, limitations; income tax deductions, expens-ing of investment expenditures; income tax credits; sales tax exemp-tions; creating job creation program fund, administration, expenditures;amending K.S.A. 2010 Supp. 74-50,104, 74-50,106, 74-50,107, 74-50,109,74-50,110, 74-50,111, 74-50,132, 79-32,160a, 79-32,206 and 79-3606 andrepealing the existing sections; also repealing K.S.A. 2010 Supp. 74-50,151 and 74-50,152, by Committee on Assessment and Taxation.

SB 197, AN ACT concerning sales taxation; relating to rate; food andfood ingredients; food sales tax refund; amending K.S.A. 2010 Supp. 79-3602, 79-3603 and 79-3635 and repealing the existing sections, by Com-mittee on Assessment and Taxation.

SB 198, AN ACT concerning economic development; creating ruralopportunity zones; relating to income taxation, credit for certain tax-payers, amount and requirements; student loan repayment program, byCommittee on Assessment and Taxation.

SB 199, AN ACT concerning inmates in correctional facilities; relatingto correctional inmates’ eligibility for medicaid, by Committee on Waysand Means.

SB 200, AN ACT concerning waste; relating to litter control; requiringcertain beverage containers to be redeemable, by Committee on NaturalResources.

SB 201, AN ACT concerning bingo games; relating to the operationthereof and prizes awarded; amending K.S.A. 2010 Supp. 79-4701 and

(continued)

� Kansas Secretary of State 2011 Vol. 30, No. 8, February 24, 2011

Legislative Bills/Regulations166 Kansas Register

79-4706 and repealing the existing sections, by Committee on Federaland State Affairs.

SB 202, AN ACT concerning school districts; relating to the purposeof state aid to school districts, by Committee on Federal and State Af-fairs.

SB 203, AN ACT pertaining to the legislature; relating to the sizethereof; amending K.S.A. 4-101 and repealing the existing section, byCommittee on Ways and Means.

SB 204, AN ACT concerning counties; relating to the establishmentof a county consolidation commission, by Committee on Ways andMeans.

SB 205, AN ACT establishing the Kansas employment first initiativeact and creating the Kansas employment first oversight commission, byCommittee on Ways and Means.

SB 206, AN ACT concerning surplus lines insurance; relating to thesurplus lines insurance multi-state compliance compact, by Committeeon Ways and Means.

SB 207, AN ACT concerning counties; relating to acceptance of creditand debit cards, by Committee on Federal and State Affairs.

SB 208, AN ACT concerning capital improvement budget estimates;relating to program and facilities plans for public safety agencies;amending K.S.A. 2010 Supp. 75-3717b and repealing the existing section,by Committee on Ways and Means.

SB 209, AN ACT concerning the bioscience development and invest-ment funds; relating to the centers of excellence and centers for inno-vation; creating funds; amending K.S.A. 2010 Supp. 74-99b34 and re-pealing the existing section, by Committee on Ways and Means.

SB 210, AN ACT providing for assessments on providers of homeand community-based services developmental disability waiver pro-gram; prescribing powers, duties and functions for the Kansas healthpolicy authority; creating the quality based community assessmentfund; providing for implementation and administration, by Committeeon Ways and Means.

SB 211, AN ACT concerning pharmacists; relating to dispensing pre-scriptions; amending K.S.A. 2010 Supp. 65-1637 and repealing the ex-isting section, by Committee on Ways and Means.

Senate ResolutionsSR 1812, By Senator Schodorf, A RESOLUTION congratulating and

commending the 2011 Horizon Award Program educators.SR 1813, By Senator Schodorf, A RESOLUTION congratulating and

commending the Kansas recipient of the 2010 Milken Family Founda-tion Educator Award.

SR 1814, By Senator Schodorf, A RESOLUTION congratulating andcommending the 2010 Kansas National Board Certified Teachers.

SR 1815, By Senators Morris, Emler and Hensley, A RESOLUTIONrelating to assignment of seats of the Senate.

Doc. No. 039149

State of KansasState Employees Health Care Commission

Kansas Health Policy AuthorityPermanent Administrative

Regulations

Article 1.—ELIGIBILITY REQUIREMENTS

108-1-1. Eligibility. (a) General definitions.(1) ‘‘Active participant’’ means any person enrolled in

the health care benefits program who falls within one ofthe classes specified in subsection (b).

(2) ‘‘Child’’ means any of the following:(A) A natural son or daughter of a primary participant;(B) a lawfully adopted son or daughter of a primary

participant. The term ‘‘lawfully adopted’’ shall includethose instances in which a primary participant has filedthe petition for adoption with the court, has a placementagreement for adoption, or has been granted legal cus-tody;

(C) a stepchild of a primary participant. However, ifthe natural or adoptive parent of the stepchild is divorcedfrom the primary participant, the stepchild shall nolonger qualify;

(D) a child of whom the primary participant has legalcustody; or

(E) a grandchild, if at least one of the following con-ditions is met:

(i) The primary participant has legal custody of thegrandchild or has lawfully adopted the grandchild;

(ii) the grandchild lives in the home of the primaryparticipant and is the child of a covered eligible depend-ent child, and the primary participant provides more than50 percent of the support for the grandchild; or

(iii) the grandchild is the child of a covered eligibledependent child and is considered to reside with the pri-mary participant even when the grandchild or eligibledependent child is temporarily absent due to special cir-cumstances including education of the covered eligibledependent child, and the primary participant providesmore than 50 percent of the support for the grandchild.

(3) ‘‘COBRA’’ means the consolidated omnibus budgetreconciliation act, public law 99-272, as amended.

(4) ‘‘Commission’’ means the Kansas state employeeshealth care commission.

(5) ‘‘Direct bill participant’’ means any person enrolledin the health care benefits program pursuant to subsec-tions (d), (e), and (h).

(6) ‘‘Eligible dependent child’’ means any dependentchild who meets one of the following criteria:

(A) The child is under 26 years of age.(B) The child is aged 26 or older, has a permanent and

total disability, and has continuously maintained groupcoverage as an eligible dependent child of the primaryparticipant before attaining the age of 26. The child shallbe chiefly dependent on the primary participant for sup-port.

(7) ‘‘Health care benefits program’’ means the state ofKansas health care benefits program established by thecommission.

(8) ‘‘Permanent and total disability’’ means that an in-dividual is unable to engage in any substantial gainfulactivity by reason of any medically determinable physicalor mental impairment that can be expected to result indeath or has lasted or can be expected to last for a con-tinuous period of at least 12 months. An individual shallnot be considered to have a permanent and total disabil-ity unless that person furnishes proof of the permanentand total disability in the form and manner, and at thetimes, that the health care benefits program may require.

(9) ‘‘Primary participant’’ means any person enrolledin the health care benefits program as an active partici-pant under subsection (b), a direct bill participant undersubsection (d), or a COBRA participant.

(b) Active participants. Subject to the provisions ofsubsection (c), the classes of persons eligible to participateas active participants in the health care benefits programshall be the following classes of persons:

(1) Any elected official of the state;(2) any other officer or employee of a state agency who

meets both of the following conditions:

� Kansas Secretary of State 2011Vol. 30, No. 8, February 24, 2011

Regulations 167Kansas Register

(A) Is working in one or more positions that togetherrequire at least 1,000 hours of work per year; and

(B) is in a position that is not temporary. An employeewho works under employment customs at any regentsinstitution requiring less than a full calendar year of serv-ice shall not be considered temporary;

(3) any person engaged in a postgraduate residencytraining program in medicine at the university of Kansasmedical center or in a postgraduate residency or intern-ship training program in veterinary medicine at Kansasstate university, but not including student employees ofa state institution of higher learning;

(4) any person elected to a board position that requiresless than 1,000 hours of work per year;

(5) any person serving with the foster grandparentprogram;

(6) any person participating under a phased retirementagreement outlined in K.S.A. 76-746, and amendmentsthereto; and

(7) any other class of individuals approved by the Kan-sas state employees health care commission, within thelimitations set out in K.S.A. 75-6501 et seq., and amend-ments thereto.

(c) Waiting period.(1) Each person who is within a class listed in para-

graph (b)(1), (b)(2), (b)(3), (b)(4), (b)(5), or (b)(7) shall be-come eligible for enrollment in the health care benefitsprogram following completion of a 30-day waiting periodbeginning with the first day of work for the state of Kan-sas. Each person shall have 31 days after becoming eli-gible to elect coverage.

(2) The waiting period established in paragraph (c)(1)shall not apply if all of the following conditions are met:

(A) The person is returning to work for the state ofKansas or is transferring from a position that was eligiblefor coverage under K.A.R. 108-1-3 or K.A.R. 108-1-4.

(B) Immediately before leaving the prior position, theperson was enrolled in the health care benefits program.

(C) The break in service between the prior position andthe new position does not exceed the following time per-iods:

(i) 30 or fewer calendar days; or(ii) 365 or fewer calendar days, if the person was laid

off, as defined in K.S.A. 75-2948 and amendments thereto.(3) The waiting period established in paragraph (c)(1)

shall not apply to any person who, on that person’s firstday of work for the state, is enrolled in the health carebenefits program on any of the following bases:

(A) As a direct bill participant;(B) under the continuation of benefits coverage pro-

vided under COBRA; or(C) as a dependent of a participant in the health care

benefits program.(4) The waiting period established in paragraph (c)(1)

may be waived if, within 30 days of the date of hire, theagency head or designee certifies in writing to the com-mission, or its designee, that the waiver is being soughtfor either of the following reasons:

(A) The potential new employee is not entitled to con-tinuation of health benefits under either COBRA or statecontinuation of coverage laws, K.S.A. 40-2209 and K.S.A.

40-3209 and amendments thereto, and is not covered byor eligible to be covered by another health insurance plan.

(B) The potential new employee is required to havehealth insurance as a condition of obtaining a work visafor employment in the United States.

(d) Classes of direct bill participants. Subject to theprovisions of subsection (e), the classes of persons eligibleto participate as members of the health care benefits pro-gram on a direct bill basis shall be the following:

(1) Any former elected state official;(2) any retired state officer or employee who is eligible

to receive retirement benefits under K.S.A. 74-4925, andamendments thereto, or retirement benefits administeredby the Kansas public employees retirement system;

(3) any totally disabled former state officer or em-ployee who is receiving disability benefits administeredby the Kansas public employees retirement system;

(4) any surviving spouse or dependent of a qualifyingparticipant in the health care benefits program;

(5) any person who is in a class listed in paragraph(b)(1), (b)(2), (b)(3), (b)(4), or (b)(5) and who is lawfullyon leave without pay;

(6) any blind person licensed to operate a vending fa-cility as defined in K.S.A. 75-3338, and amendmentsthereto;

(7) any former ‘‘state officer,’’ as that term is definedin K.S.A. 74-4911f and amendments thereto, who electednot to be a member of the Kansas public employees re-tirement system as provided in K.S.A. 74-4911f andamendments thereto; and

(8) any former state officer or employee who separatedfrom state service when eligible to receive a retirementbenefit but, in lieu of that, withdrew that individual’s em-ployee contributions from the retirement system.

(e) Conditions for direct bill participants. Each personwho is within a class listed in paragraph (d)(1), (d)(2),(d)(3), (d)(4), (d)(5), (d)(7), or (d)(8) shall be eligible toparticipate on a direct bill basis only if the conditions ofboth paragraphs (e)(1) and (e)(2) are met:

(1) The person was covered by the health care benefitsprogram on one of the following bases:

(A) The person was covered as an active participant,as a COBRA participant, or as a spouse under paragraph(g)(1) immediately before the date that person ceased tobe eligible for that type of coverage or the date the indi-vidual became newly eligible for a class listed in subsec-tion (d).

(B) The person is the surviving spouse or eligible de-pendent child of a person who was enrolled as an activeparticipant or a direct bill participant when the plan par-ticipant died, and the surviving spouse or eligible de-pendent child was covered by the health care benefitsprogram as a dependent pursuant to subsection (g) whenthe plan participant died.

(2) The person completes an enrollment form request-ing transfer to the direct bill program and submits theform to the health care benefits program. The form shallbe submitted no more than 30 days after the personceased to be eligible for coverage.

(f) COBRA participants. Any individual with rights toextend coverage under COBRA may continue to partici-

(continued)

� Kansas Secretary of State 2011 Vol. 30, No. 8, February 24, 2011

Regulations168 Kansas Register

pate in the health care benefits program, subject to theprovisions of that federal law.

(g) Eligible dependent participants.(1) Any person enrolled in the health care benefits pro-

gram as a primary participant may enroll the followingdependents, subject to the same conditions and limita-tions that apply to the primary participant:

(A) The primary participant’s lawful wife or husband;and

(B) any of the primary participant’s eligible dependentchildren.

(2) An eligible dependent child who is enrolled by oneprimary participant shall not be eligible to be enrolled byanother primary participant.

(3) An individual who is eligible to enroll as a primaryparticipant in the health care benefits program shall notbe eligible to be enrolled under this subsection as a de-pendent in the health care benefits program.

(4) The term ‘‘dependent’’ shall exclude any individualwho is not a citizen or national of the United States, unlessthe individual is a resident of the United States or a coun-try contiguous to the United States, is a member of a pri-mary participant’s household, and resides with the pri-mary participant for more than six months of the calendaryear. The dependent shall be considered to reside withthe primary participant even when the dependent is tem-porarily absent due to special circumstances, includingillness, education, business, vacation, and military serv-ice.

(h) Direct bill participants; continuous coverage pro-visions.

(1) Except as otherwise provided in this subsection,each direct bill participant enrolled in the state health carebenefits program on or after January 21, 2001, shall main-tain continuous coverage in the program or shall lose el-igibility to be in the state health care benefits program asa direct bill participant.

(2) Any person who discontinued direct bill coveragein the state health care benefits program before January21, 2001, and who is not a direct bill participant on thatdate may return one time to the state health care benefitsprogram if the person meets the criteria specified in sub-sections (d) and (e) and if that person has not previouslydiscontinued and returned to direct bill coverage beforeJanuary 21, 2001. (Authorized by K.S.A. 2010 Supp. 75-6501 and K.S.A. 75-6510; implementing K.S.A. 2010 Supp.75-6501; effective, T-85-22, July 16, 1984; effective May 1,1985; amended, T-88-64, Dec. 30, 1987; amended, T-89-12,May 1, 1988; amended, T-108-9-12-88, Sept. 12, 1988;amended Oct. 31, 1988; amended May 9, 1997; amendedJan. 21, 2001; amended Aug. 27, 2004; amended June 17,2005; amended Jan. 6, 2006; amended July 16, 2010;amended, T-108-8-16-10, Aug. 16, 2010; amended March11, 2011.)

108-1-3. School district employee health care ben-efits plan. (a) Definitions.

(1) ‘‘Active participant’’ means any school district em-ployee who is enrolled in the school district plan undersubsection (b).

(2) ‘‘Child’’ means any of the following:(A) A natural son or daughter of a primary participant;

(B) a lawfully adopted son or daughter of a primaryparticipant. The term ‘‘lawfully adopted’’ shall includethose instances in which a primary participant has filedthe petition for adoption with the court, has a placementagreement for adoption, or has been granted legal cus-tody;

(C) a stepchild of a primary participant. However, ifthe natural or adoptive parent of the stepchild is divorcedfrom the primary participant, the stepchild shall nolonger qualify;

(D) a child of whom the primary participant has legalcustody; or

(E) a grandchild, if at least one of the following con-ditions is met:

(i) The primary participant has legal custody of thegrandchild or has lawfully adopted the grandchild;

(ii) the grandchild lives in the home of the primaryparticipant and is the child of a covered eligible depend-ent child, and the primary participant provides more than50 percent of the support for the grandchild; or

(iii) the grandchild is the child of a covered eligibledependent child and is considered to reside with the pri-mary participant even when the grandchild or eligibledependent child is temporarily absent due to special cir-cumstances including education of the covered eligibledependent child, and the primary participant providesmore than 50 percent of the support for the grandchild.

(3) ‘‘COBRA’’ means the consolidated omnibus budgetreconciliation act, public law 99-272, as amended.

(4) ‘‘Commission’’ means the Kansas state employeeshealth care commission.

(5) ‘‘Direct bill participant’’ means any person enrolledin the school district plan pursuant to subsections (d), (e),and (h).

(6) ‘‘Eligible dependent child’’ means any dependentchild who meets one of the following criteria:

(A) The child is under 26 years of age.(B) The child is aged 26 or older, has a permanent and

total disability, and has continuously maintained groupcoverage as an eligible dependent child of the primaryparticipant before attaining the age of 26. The child shallbe chiefly dependent on the primary participant for sup-port.

(7) ‘‘Health care benefits program’’ means the state ofKansas health care benefits program established by thecommission.

(8) ‘‘Permanent and total disability’’ means that an in-dividual is unable to engage in any substantial gainfulactivity by reason of any medically determinable physicalor mental impairment that can be expected to result indeath or has lasted or can be expected to last for a con-tinuous period of at least 12 months. An individual shallnot be considered to have a permanent and total disabil-ity unless that person furnishes proof of the permanentand total disability in the form and manner, and at thetimes, that the health care benefits program may require.

(9) ‘‘Primary participant’’ means any person enrolledin the school district plan as an active participant undersubsection (b), a direct bill participant under subsection(d), or a COBRA participant.

(10) ‘‘Qualified school district’’ means a public schooldistrict, community college, area vocational technical

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school, or technical college that meets the terms, condi-tions, limitations, exclusions, and other provisions estab-lished by the commission for participation in the schooldistrict employee health care benefits component of thehealth care benefits program and has entered into a writ-ten agreement with the commission to participate in theprogram.

(11) ‘‘School district employee’’ means any individualwho is employed by a qualified school district and whomeets the definition of employee under K.S.A. 74-4932(4),and amendments thereto, except that the following em-ployees shall be employed in a position that requires atleast 1,000 hours of work per year:

(A) Employees of community colleges; and(B) employees of area vocational technical schools and

technical colleges that are not governed by a unifiedschool district.

For purposes of this definition, a technical college shallbe a participating employer under K.S.A. 74-4931, andamendments thereto, in accordance with K.S.A. 72-4471,and amendments thereto.

(12) ‘‘School district plan’’ means the school districtemployee health care benefits component of the healthcare benefits program.

(b) Active participants. Subject to the provisions ofsubsection (c), each school district employee shall be eli-gible to participate as an active participant in the schooldistrict plan. Eligibility and participation shall be subjectto terms, conditions, limitations, exclusions, and otherprovisions established by the commission, including theamount and method of payment for employee and em-ployer contributions.

(c) Waiting periods.(1) Each school district employee whose first day of

work for a qualified school district is on or after the firstday on which the employee’s qualified school district par-ticipates in the school district plan shall become eligiblefor coverage following completion of a 30-day waitingperiod beginning with the first day of work for the qual-ified school district. Each school district employee shallhave 31 days after becoming eligible to elect coverage.

(2) The waiting period established in paragraph (c)(1)shall not apply if all of the following conditions are met:

(A) The person is returning to work for the qualifiedschool district, transferring from another qualified schooldistrict, or transferring from a position that is eligible forcoverage under K.A.R. 108-1-1 or K.A.R. 108-1-4.

(B) Immediately before leaving the prior position, theperson was enrolled in the health care benefits program.

(C) The break in service between the prior position andthe new position does not exceed the following time per-iods:

(i) 30 or fewer calendar days; or(ii) 365 or fewer calendar days, if the person was laid

off in accordance with the practices of the qualified schooldistrict.

(3) The waiting period established in paragraph (c)(1)shall not apply to any person who, on that person’s firstday of work for the qualified school district, is enrolledin the health care benefits program on any of the follow-ing bases:

(A) As a direct bill participant;

(B) under the continuation of benefits coverage pro-vided under COBRA; or

(C) as a dependent of a participant in the health carebenefits program.

(4) The waiting period established in paragraph (c)(1)may be waived if, within 30 days of the date of hire, thechief administrative officer of the qualified school district,or the chief administrative officer’s designee, certifies inwriting to the commission, or its designee, that the waiveris being sought for either of the following reasons:

(A) The new school district employee is not entitled tocontinuation of health benefits under COBRA or statecontinuation of coverage laws, K.S.A. 40-2209 and K.S.A.40-3209 and amendments thereto, and is not covered byor eligible to be covered by another health insurance plan.

(B) The new employee is required to have health in-surance as a condition of obtaining a work visa for em-ployment in the United States.

(5) Each school district employee who is employed bythe qualified school district immediately before the firstday on which the employee’s qualified school district par-ticipates in the school district plan shall be subject to tran-sitional provisions established by the commission regard-ing waiting periods and the effective date on which theemployee becomes eligible to participate in the schooldistrict plan.

(d) Classes of direct bill participants. Subject to theprovisions of subsection (e), the classes of persons eligibleto participate as members of the school district plan on adirect bill basis shall be the following:

(1) Any retired school district employee who is eligibleto receive retirement benefits;

(2) any totally disabled former school district em-ployee who is receiving benefits under K.S.A. 74-4927,and amendments thereto;

(3) any surviving spouse or dependent of a qualifyingparticipant in the school district plan;

(4) any person who is a school district employee andwho is on approved leave without pay in accordance withthe practices of the qualified school district; and

(5) any individual who was covered by the health careplan offered by the qualified school district on the dayimmediately before the first day on which the qualifiedschool district participates in the school district plan, ex-cept that no individual who is an employee of the quali-fied school district and who does not meet the definitionof school district employee in subsection (a) shall be qual-ified as a direct bill participant under this paragraph.

(e) Conditions for direct bill participants. Each personwho is within a class listed in subsection (d) shall be eli-gible to participate on a direct bill basis only if the personmeets both of the following conditions:

(1) The person was covered by the school district planor the health care insurance plan offered by the qualifiedschool district on one of the following bases:

(A) Immediately before the date the person ceased tobe eligible for coverage, or for any person identified inparagraph (d)(5), immediately before the first day onwhich the qualified school district participates in theschool district plan, the person either was covered as anactive participant under subsection (b) or was covered by

(continued)

� Kansas Secretary of State 2011 Vol. 30, No. 8, February 24, 2011

Regulations170 Kansas Register

the health care insurance plan offered by the employee’squalified school district.

(B) The person is a surviving spouse or dependent of aplan participant who was enrolled as an active partici-pant or a direct bill participant when the plan participantdied, and the person was covered by the health care ben-efits program as a dependent under subsection (g) whenthe plan participant died.

(C) The person is a surviving spouse or dependent ofa plan participant who was enrolled under the health careinsurance plan offered by the participant’s qualifiedschool district when the participant died, and the personhas maintained continuous coverage under the qualifiedschool district’s health care insurance plan before joiningthe health care benefits program.

(2) The person completes an enrollment form request-ing transfer to the direct bill program and submits theform to the health care benefits program. The form shallbe submitted no more than 30 days after the personceased to be eligible for coverage, or in the case of anyindividual identified in paragraph (d)(5), no more than30 days after the first day on which the qualified schooldistrict participates in the school district plan.

(f) COBRA participants. Any individual with rights toextend coverage under COBRA may participate in theschool district plan, subject to the provisions of that fed-eral law.

(g) Eligible dependent participants.(1) Any person enrolled in the school district plan as a

primary participant may enroll the following depend-ents, subject to the same conditions and limitations thatapply to the primary participant:

(A) The primary participant’s lawful wife or husband;and

(B) any of the primary participant’s eligible dependentchildren.

(2) An eligible dependent child who is enrolled by oneprimary participant shall not be eligible to be enrolled byanother primary participant.

(3) An individual who is eligible to enroll as a primaryparticipant in the health care benefits program shall notbe eligible to be enrolled under this subsection as a de-pendent in the health care benefits program.

(4) The term ‘‘dependent’’ shall exclude any individualwho is not a citizen or national of the United States, unlessthe individual is a resident of the United States or a coun-try contiguous to the United States, is a member of a pri-mary participant’s household, and resides with the pri-mary participant for more than six months of the calendaryear. The dependent shall be considered to reside withthe primary participant even when the dependent is tem-porarily absent due to special circumstances, includingillness, education, business, vacation, and military serv-ice.

(h) Direct bill participants; continuous coverage pro-visions.

(1) Except as otherwise provided in this subsection,each direct bill participant enrolled in the health care ben-efits program on or after January 21, 2001 shall maintaincontinuous coverage in the program or shall lose eligi-bility to be in the health care benefits program as a directbill participant.

(2) Any person who discontinued direct bill coveragein the health care benefits program before January 21,2001 and who was not a direct bill participant on thatdate may return one time to the health care benefits pro-gram if the person meets the criteria specified in subsec-tions (d) and (e) and if that person has not previouslydiscontinued and returned to direct bill coverage beforeJanuary 21, 2001. (Authorized by K.S.A. 2010 Supp. 75-6501 and K.S.A. 75-6510; implementing K.S.A. 2010 Supp.75-6501 and K.S.A. 75-6508; effective, T-108-9-13-99, Sept.13, 1999; effective Feb. 4, 2000; amended July 16, 2010;amended, T-108-8-16-10, Aug. 16, 2010; amended March11, 2011.)

108-1-4. Local unit of government employeehealth care benefits plan. (a) Definitions.

(1) ‘‘Active participant’’ means any local unit em-ployee who is enrolled in the local unit plan under sub-section (b).

(2) ‘‘Child’’ means any of the following:(A) A natural son or daughter of a primary participant;(B) a lawfully adopted son or daughter of a primary

participant. The term ‘‘lawfully adopted’’ shall includethose instances in which a primary participant has filedthe petition for adoption with the court, has a placementagreement for adoption, or has been granted legal cus-tody;

(C) a stepchild of a primary participant. However, ifthe natural or adoptive parent of the stepchild is divorcedfrom the primary participant, the stepchild shall nolonger qualify;

(D) a child of whom the primary participant has legalcustody; or

(E) a grandchild, if at least one of the following con-ditions is met:

(i) The primary participant has legal custody of thegrandchild or has lawfully adopted the grandchild;

(ii) the grandchild lives in the home of the primaryparticipant and is the child of a covered eligible depend-ent child, and the primary participant provides more than50 percent of the support for the grandchild; or

(iii) the grandchild is the child of a covered eligibledependent child and is considered to reside with the pri-mary participant even when the grandchild or eligibledependent child is temporarily absent due to special cir-cumstances including education of the covered eligibledependent child, and the primary participant providesmore than 50 percent of the support for the grandchild.

(3) ‘‘COBRA’’ means the consolidated omnibus budgetreconciliation act, public law 99-272, as amended.

(4) ‘‘Commission’’ means the Kansas state employeeshealth care commission.

(5) ‘‘Direct bill participant’’ means any person enrolledin the local unit plan pursuant to subsections (d), (e), and(h).

(6) ‘‘Eligible dependent child’’ means any dependentchild who meets one of the following criteria:

(A) The child is under 26 years of age.(B) The child is aged 26 or older, has a permanent and

total disability, and has continuously maintained groupcoverage as an eligible dependent child of the primaryparticipant before attaining the age of 26. The child shall

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be chiefly dependent on the primary participant for sup-port.

(7) ‘‘Health care benefits program’’ means the state ofKansas health care benefits program established by thecommission.

(8) ‘‘Local unit’’ means any of the following:(A) Any county, township, or city;(B) any community mental health center;(C) any groundwater management district, rural wa-

ter-supply district, or public wholesale water-supply dis-trict;

(D) any county extension council or extension district;(E) any hospital established, maintained, and operated

by a city of the first or second class, a county, or a hospitaldistrict in accordance with applicable law;

(F)(i) Any city, county, or township public library cre-ated under the authority of K.S.A. 12-1215 et seq., andamendments thereto;

(ii) any regional library created under the authority ofK.S.A. 12-1231, and amendments thereto;

(iii) any library district created under the authority ofK.S.A. 12-1236, and amendments thereto;

(iv) the Topeka and Shawnee county library district es-tablished under the authority of K.S.A. 12-1260 et seq.,and amendments thereto;

(v) the Leavenworth and Leavenworth county librarydistrict established under the authority of K.S.A. 12-1270,and amendments thereto;

(vi) any public library established by a unified schooldistrict under the authority of K.S.A. 72-1623, and amend-ments thereto; or

(vii) any regional system of cooperating libraries es-tablished under the authority of K.S.A. 75-2547 et seq.,and amendments thereto;

(G) any housing authority created pursuant to K.S.A.17-2337 et seq., and amendments thereto;

(H) any local environmental protection program ob-taining funds from the state water fund in accordancewith K.S.A. 75-5657, and amendments thereto;

(I) any city-county, county, or multicounty healthboard or department established pursuant to K.S.A. 65-204 and 65-205, and amendments thereto;

(J) any nonprofit independent living agency, as de-fined in K.S.A. 65-5101 and amendments thereto;

(K) the Kansas guardianship program established pur-suant to K.S.A. 74-9601 et seq., and amendments thereto;or

(L) any group of persons on the payroll of a county,township, city, special district or other local govern-mental entity, public school district, licensed child carefacility operated by a not-for-profit corporation provid-ing residential group foster care for children and receiv-ing reimbursement for all or part of this care from thedepartment of social and rehabilitation services, non-profit community mental health center pursuant to K.S.A.19-4001 et seq. and amendments thereto, nonprofit com-munity facility for the mentally retarded pursuant toK.S.A. 19-4001 et seq. and amendments thereto, or non-profit independent living agency as defined in K.S.A. 65-5101 and amendments thereto.

(9) ‘‘Local unit employee’’ means any individual whomeets one or more of the following criteria:

(A) The individual is an appointed or elective officeror employee of a qualified local unit whose employmentis not seasonal or temporary and whose employment re-quires at least 1,000 hours of work per year.

(B) The individual is an appointed or elective officeror employee who is employed concurrently by two ormore qualified local units in positions that involve similaror related tasks and whose combined employment by thequalified local units is not seasonal or temporary and re-quires at least 1,000 hours of work per year.

(C) The individual is a member of a board of countycommissioners of a county that is a qualified local unit,and the compensation paid for service on the boardequals or exceeds $5,000 per year.

(D) The individual is a council member or commis-sioner of a city that is a qualified local unit, and the com-pensation paid for service as a council member or com-missioner equals or exceeds $5,000 per year.

(10) ‘‘Local unit plan’’ means the local unit employeehealth care benefits component of the health care benefitsprogram.

(11) ‘‘Permanent and total disability’’ means that anindividual is unable to engage in any substantial gainfulactivity by reason of any medically determinable physicalor mental impairment that can be expected to result indeath or has lasted or can be expected to last for a con-tinuous period of at least 12 months. An individual shallnot be considered to have a permanent and total disabil-ity unless that person furnishes proof of the permanentand total disability in the form and manner, and at thetimes, that the health care benefits program may require.

(12) ‘‘Primary participant’’ means any person enrolledin the local unit plan as an active participant under sub-section (b), a direct bill participant under subsection (d),or a COBRA participant.

(13) ‘‘Qualified local unit’’ means a local unit thatmeets the terms, conditions, limitations, exclusions, andother provisions established by the commission for par-ticipation in the local unit employee health care benefitscomponent of the health care benefits program and thathas entered into a written agreement with the commis-sion to participate in the program.

(b) Active participants. Subject to the provisions ofsubsection (c), each local unit employee shall be eligibleto participate as an active participant in the local unitplan. Eligibility and participation shall be subject toterms, conditions, limitations, exclusions, and other pro-visions established by the commission, including theamount and method of payment for employee and em-ployer contributions.

(c) Waiting periods.(1) Each local unit employee whose first day of work

for a qualified local unit is on or after the first day onwhich the employee’s qualified local unit participates inthe local unit plan shall become eligible for coverage fol-lowing completion of a 30-day waiting period beginningwith the first day of work for the qualified local unit. Eachlocal unit employee shall have 31 days after becomingeligible to elect coverage.

(2) The waiting period established in paragraph (c)(1)shall not apply if all of the following conditions are met:

(continued)

� Kansas Secretary of State 2011 Vol. 30, No. 8, February 24, 2011

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(A) The person is returning to work for the qualifiedlocal unit, is transferring from another qualified local unitunder this regulation, or is transferring from a positionthat is eligible for coverage under K.A.R. 108-1-1 orK.A.R. 108-1-3.

(B) Immediately before leaving the prior position, theperson was enrolled in the health care benefits programprovided by the state of Kansas under K.A.R. 108-1-1, theschool district plan under K.A.R. 108-1-3, or the qualifiedlocal unit plan under K.A.R. 108-1-4.

(C) The break in service between the prior position andthe new position does not exceed the following time per-iods:

(i) 30 or fewer calendar days; or(ii) 365 or fewer calendar days, if the person was laid

off in accordance with the practices of the prior qualifiedlocal unit.

(3) The waiting period established in paragraph (c)(1)shall not apply to any person who, on that person’s firstday of work for the qualified local unit, is enrolled in thelocal unit plan, the school district plan under K.A.R. 108-1-3, or the health care benefits plan under K.A.R. 108-1-1on any of the following bases:

(A) As a direct bill participant;(B) under the continuation of benefits coverage pro-

vided under COBRA; or(C) as a dependent of a participant in the health care

benefits program.(4) The waiting period established in paragraph (c)(1)

may be waived if, within 30 days of the date of hire, thechief administrative officer of the qualified local unit, orthe chief administrative officer’s designee, certifies inwriting to the commission, or its designee, that the waiveris being sought for either of the following reasons:

(A) The new local unit employee is not entitled to con-tinuation of health benefits under either COBRA or statecontinuation of coverage laws, K.S.A. 40-2209 and K.S.A.40-3209 and amendments thereto, and is not covered byor eligible to be covered by another health insurance plan.

(B) The new employee is required to have health in-surance as a condition of obtaining a work visa for em-ployment in the United States.

(5) Each local unit employee who is employed by thequalified local unit immediately before the first day onwhich the qualified local unit participates in the local unitplan shall be subject to transitional provisions establishedby the commission regarding waiting periods and the ef-fective date on which the employee becomes eligible toparticipate in the local unit plan.

(d) Classes of direct bill participants. Subject to theprovisions of subsection (e), the classes of persons eligibleto participate as members of the local unit plan on a directbill basis shall be the following:

(1) Any retired local unit employee who meets one ofthe following conditions:

(A) The employee is eligible to receive retirement ben-efits under the Kansas public employees retirement sys-tem or the Kansas police and firemen’s retirement system;or

(B) if the qualified local unit is not a participating em-ployer under either the Kansas public employees retire-ment system or the Kansas police and firemen’s retire-

ment system, the employee is eligible to receiveretirement benefits under the retirement plan providedby the qualified local unit;

(2) any totally disabled former local unit employeewho meets one of the following conditions:

(A) The employee is receiving benefits under the Kan-sas public employees retirement system or the Kansas po-lice and firemen’s retirement system; or

(B) if the qualified local unit is not a participating em-ployer under either the Kansas public employees retire-ment system or the Kansas police and firemen’s retire-ment system, the employee is receiving disability benefitsunder the retirement or disability plan provided by thequalified local unit;

(3) any surviving spouse or dependent of a qualifyingparticipant in the local unit plan;

(4) any person who is a local unit employee and whois on approved leave without pay in accordance with thepractices of the qualified local unit; and

(5) any individual who was covered by the health careplan offered by the qualified local unit on the day im-mediately before the first day on which the qualified localunit participates in the local unit plan, except that no in-dividual who is an employee of the qualified local unitand who does not meet the definition of local unit em-ployee in subsection (a) shall be qualified as a direct billparticipant under this paragraph.

(e) Conditions for direct bill participants. Each personwho is within a class listed in subsection (d) shall be eli-gible to participate on a direct bill basis only if the personmeets both of the following conditions:

(1) The person was covered by the local unit plan orthe health care insurance plan offered by the qualifiedlocal unit on one of the following bases:

(A) Immediately before the date the person ceased tobe eligible for coverage or, for any person identified inparagraph (d)(5), immediately before the first day onwhich the qualified local unit participates in the local unitplan, the person either was covered as an active partici-pant under subsection (b) or was covered by the healthcare insurance plan offered by the employee’s qualifiedlocal unit.

(B) The person is a surviving spouse or dependent ofa plan participant who was enrolled as an active partici-pant or a direct bill participant when the plan participantdied, and the person was covered by the health care ben-efits program as a dependent under subsection (g) whenthe plan participant died.

(C) The person is a surviving spouse or dependent ofa plan participant who was enrolled in the health careinsurance plan offered by the participant’s qualified localunit when the participant died, and the person has main-tained continuous coverage under the local unit’s healthcare insurance plan before joining the health care benefitsprogram.

(2) The person completes an enrollment form request-ing transfer to the direct bill program and submits theform to the health care benefits program. The form shallbe submitted no more than 30 days after the personceased to be eligible for coverage or, in the case of anyindividual identified in paragraph (d)(5), no more than

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Regulations/Index 173Kansas Register

30 days after the first day on which the qualified localunit participates in the local unit plan.

(f) COBRA participants. Any individual with rights toextend coverage under COBRA may participate in thelocal unit plan, subject to the provisions of that federallaw.

(g) Eligible dependent participants.(1) Any person enrolled in the local unit plan under

subsection (b), (d), or (f) as a primary participant mayenroll the following dependents, subject to the same con-ditions and limitations that apply to the primary partici-pant:

(A) The primary participant’s lawful wife or husband;and

(B) any of the primary participant’s eligible dependentchildren.

(2) An eligible dependent child who is enrolled by oneprimary participant shall not be eligible to be enrolled byanother primary participant in the health care benefitsprogram.

(3) An individual who is eligible to enroll as a primaryparticipant in the health care benefits program shall notbe eligible to be enrolled under this subsection as a de-pendent in the health care benefits program.

(4) The term ‘‘dependent’’ shall exclude any individualwho is not a citizen or national of the United States, unlessthe individual is a resident of the United States or a coun-try contiguous to the United States, is a member of a pri-mary participant’s household, and resides with the pri-mary participant for more than six months of the calendar

year. The dependent shall be considered to reside withthe primary participant even when the dependent is tem-porarily absent due to special circumstances, includingillness, education, business, vacation, and military serv-ice.

(h) Direct bill participants; continuous coverage pro-visions.

(1) Except as otherwise provided in this subsection,each direct bill participant enrolled in the health care ben-efits program shall maintain continuous coverage in theprogram or shall lose eligibility to be in the health carebenefits program as a direct bill participant.

(2) Any person who discontinued direct bill coveragein the health care benefits program before January 21,2001 and was not a direct bill participant on that date mayreturn one time to the health care benefits program if theperson meets the criteria specified in subsections (d) and(e) and if that person has not previously discontinued andreturned to direct bill coverage before January 21, 2001.(Authorized by K.S.A. 2010 Supp. 75-6501 and K.S.A. 75-6510; implementing K.S.A. 2010 Supp. 75-6501 and K.S.A.75-6508; effective Aug. 30, 2002; amended March 28, 2003;amended Jan. 9, 2004; amended June 18, 2004; amendedMarch 10, 2006; amended July 17, 2009; amended July 16,2010; amended, T-108-8-16-10, Aug. 16, 2010; amendedMarch 11, 2011.)

Dennis Taylor, HCC ChairSecretary of Administration

Doc. No. 039152

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 2009 Vol-umes of the Kansas Administrative Regula-tions.

AGENCY 1: DEPARTMENT OFADMINISTRATION

Reg. No. Action Register

1-2-64 New V. 28, p. 13381-2-65 New V. 28, p. 13381-7-3 Amended V. 28, p. 13381-7-4 Amended V. 28, p. 13381-7-6 Amended V. 28, p. 13391-7-7 Amended V. 28, p. 13391-7-10 Amended V. 28, p. 13391-7-11 Amended V. 28, p. 13401-7-12 Amended V. 28, p. 13401-14-8 Amended V. 28, p. 13411-16-8 Amended V. 29, p. 6761-16-15 Amended V. 29, p. 6771-16-18 Amended V. 29, p. 6771-16-18a Amended V. 29, p. 6781-16-20 Amended V. 29, p. 6801-65-1 New V. 30, p. 441-66-1 New V. 30, p. 441-66-2 New V. 30, p. 451-66-3 New V. 30, p. 451-67-1 New V. 30, p. 451-67-2 New V. 30, p. 451-67-3 New V. 30, p. 45

1-68-1 New V. 30, p. 451-68-2 New V. 30, p. 46

AGENCY 3: KANSAS STATE TREASURER

Reg. No. Action Register

3-3-2 Amended (T) V. 29, p. 7023-3-2 Amended V. 30, p. 93-4-1 Amended V. 28, p. 17163-4-2 Amended V. 28, p. 17163-4-4 Amended V. 28, p. 17163-4-5 Amended V. 28, p. 17173-4-6 Revoked V. 28, p. 17173-4-7 Amended V. 28, p. 1717

AGENCY 4: DEPARTMENT OFAGRICULTURE

Reg. No. Action Register

4-3-47 Amended (T) V. 30, p. 254-6-1 Amended V. 28, p. 15944-6-2 Amended V. 28, p. 15944-7-213 Amended V. 29, p. 10234-7-716 Amended V. 29, p. 10234-10-1 Amended V. 29, p. 2544-10-1a New V. 29, p. 2554-10-1b New V. 29, p. 2554-10-2athrough4-10-2d Revoked V. 29, p. 2554-10-2e Amended V. 29, p. 2554-10-2fthrough4-10-2k Revoked V. 29, p. 2564-10-4 Revoked V. 29, p. 2564-10-4athrough4-10-4f New V. 29, p. 256-2584-10-5a Amended V. 29, p. 2584-10-6 Revoked V. 29, p. 2594-10-6a New V. 29, p. 2594-10-6b New V. 29, p. 2594-10-7 Amended V. 29, p. 259

4-10-10 New V. 29, p. 2604-10-15 Revoked V. 29, p. 2604-10-16 Amended V. 29, p. 2604-10-17 Revoked V. 29, p. 2614-13-2 Amended V. 29, p. 694-13-3 Amended V. 29, p. 694-13-9 Amended V. 29, p. 714-13-14 Amended V. 29, p. 714-13-16 Amended V. 29, p. 714-13-17 Amended V. 29, p. 724-13-18 Amended V. 29, p. 724-13-20 Amended V. 29, p. 724-13-21 Amended V. 29, p. 724-13-22 Revoked V. 29, p. 724-13-23 Amended V. 29, p. 724-13-24 Amended V. 29, p. 724-13-25 Amended V. 29, p. 12424-13-25bthrough4-13-25h Amended V. 29, p. 1243-12454-13-25i Revoked V. 29, p. 12464-13-25j Amended V. 29, p. 12464-13-25k Amended V. 29, p. 12464-13-25l Amended V. 29, p. 12474-13-25m New V. 29, p. 12474-13-30 Amended V. 29, p. 724-13-33 Amended V. 29, p. 734-13-62 Amended V. 29, p. 734-15-5 Amended V. 28, p. 6904-27-1through4-27-22 New V. 29, p. 706-7204-28-1 Amended V. 29, p. 7204-28-2 Amended V. 29, p. 7204-28-8 Amended V. 29, p. 7214-28-11 Amended V. 29, p. 7224-28-12 Amended V. 29, p. 7224-28-18through4-28-30 New V. 29, p. 723-725

(continued)

174 Index to RegulationsKansas Register

� Kansas Secretary of State 2011 Vol. 30, No. 8, February 24, 2011

AGENCY 5: DEPARTMENT OFAGRICULTURE—DIVISION OF

WATER RESOURCES

Reg. No. Action Register

5-1-4 Amended V. 29, p. 6525-1-9 Amended V. 29, p. 6535-3-4a Amended V. 28, p. 2415-3-23 Amended (T) V. 29, p. 13385-3-23 Amended V. 29, p. 15985-4-1 Amended V. 29, p. 14765-4-1a New V. 29, p. 14775-7-1 Amended V. 29, p. 6535-7-4 Amended V. 28, p. 17155-14-3 Amended V. 28, p. 2415-14-3a New V. 28, p. 2425-17-2 Amended V. 29, p. 6545-20-1 New V. 28, p. 13175-20-2 New V. 28, p. 13185-22-7 Amended V. 29, p. 5965-25-5 Amended V. 29, p. 15985-25-15 Amended V. 29, p. 654

AGENCY 7: SECRETARY OF STATE

Reg. No. Action Register

7-16-1 Amended (T) V. 29, p. 11157-16-1 Amended V. 29, p. 12817-41-1through7-41-7 Amended V. 28, p. 193-1957-41-8 Revoked V. 28, p. 1957-41-9 Revoked V. 28, p. 1957-41-10through7-41-17 Amended V. 28, p. 195, 1967-41-18through7-41-29 Revoked V. 28, p. 1967-41-30 Amended V. 28, p. 1967-41-31 Revoked V. 28, p. 1967-41-32 Amended V. 28, p. 1967-41-33 Amended V. 28, p. 1977-41-34 New V. 28, p. 1977-41-35 New V. 28, p. 197

AGENCY 9: ANIMAL HEALTH DEPARTMENT

Reg. No. Action Register

9-7-4 Amended (T) V. 29, p. 7039-7-4 Amended V. 29, p. 13369-27-1 Amended V. 29, p. 1337

AGENCY 14: DEPARTMENT OF REVENUE—DIVISION OF ALCOHOLIC

BEVERAGE CONTROL

Reg. No. Action Register

14-6-2a Revoked V. 29, p. 130614-6-3 Revoked V. 29, p. 130614-6-4 Amended V. 29, p. 130614-11-1 New V. 29, p. 130714-11-4 New V. 29, p. 130714-11-5 Amended V. 29, p. 130714-11-6 Amended V. 29, p. 130714-11-7 Amended V. 29, p. 130714-11-9 Amended V. 29, p. 130714-11-10a Revoked V. 29, p. 130714-11-10b Revoked V. 29, p. 130814-11-10d Revoked V. 29, p. 130814-11-11 Revoked V. 29, p. 163314-11-14 Revoked V. 29, p. 130814-11-15 Amended V. 29, p. 130814-11-16 Amended V. 29, p. 130814-11-22 New V. 29, p. 163314-11-23through14-11-29 New V. 29, P. 1308-131014-11-27 Revoked V. 29, p. 173014-16-25 New V. 29, p. 131014-19-27 Amended V. 29, p. 131014-19-38 New V. 29, p. 131114-19-39 New V. 29, p. 131114-20-29 Amended V. 29, p. 131114-20-40 New V. 29, p. 131214-20-41 New V. 29, p. 131214-21-12 Amended V. 29, p. 1313

14-21-21 New V. 29, p. 131314-21-22 New V. 29, p. 131314-23-2 Amended V. 29, p. 131414-23-5 Amended V. 29, p. 131414-23-8 Amended V. 29, p. 131414-23-10 Amended V. 29, p. 131514-24-1through14-24-6 Revoked V. 29, p. 1315

AGENCY 16: KANSAS ATTORNEY GENERAL

Reg. No. Action Register

16-11-1through16-11-5 Amended V. 29, p. 1813-181516-11-6 Revoked V. 29, p. 181616-11-7 Amended V. 29, p. 181616-11-8 Amended V. 29, p. 1816

AGENCY 17: OFFICE OF THESTATE BANK COMMISSIONER

Reg. No. Action Register

17-24-2 Amended V. 28, p. 137117-24-3 Amended V. 28, p. 137117-24-4 Amended V. 28, p. 137117-24-5 New V. 28, p. 137317-24-6 New V. 28, p. 1373

AGENCY 19: GOVERNMENTAL ETHICSCOMMISSION

Reg. No. Action Register

19-6-1 Amended V. 29, p. 11219-22-1 Amended V. 30, p. 9219-23-1 Amended V. 30, p. 9219-30-4 Revoked V. 30, p. 92

AGENCY 22: STATE FIRE MARSHAL

Reg. No. Action Register

22-1-1 Amended V. 30, p. 4622-1-2 Amended V. 30, p. 4622-1-3 Amended V. 30, p. 4622-8-13 Amended V. 30, p. 4722-10-3 Amended V. 30, p. 4722-11-6 Revoked V. 30, p. 4822-11-8 Amended V. 30, p. 4822-15-7 Revoked V. 30, p. 4922-18-3 Amended V. 30, p. 4922-24-3 Amended V. 28, p. 1367

AGENCY 26: DEPARTMENT ON AGING

Reg. No. Action Register

26-39-100through26-39-105 New V. 28, p. 615-62326-39-100 Amended V. 29, p. 177226-39-101 Amended V. 29, p. 177526-39-105 Amended V. 29, p. 177726-39-144 Revoked V. 28, p. 62326-39-243 Revoked V. 28, p. 64926-39-278 Revoked V. 28, p. 64926-39-427 Revoked V. 28, p. 64926-40-301through26-40-305 New V. 29, p. 1777-179326-41-101through26-41-106 New V. 28, p. 649-65126-41-200through26-41-207 New V. 28, p. 652-65726-42-101 New V. 28, p. 65726-42-102 New V. 28, p. 65826-42-104 New V. 28, p. 65926-42-105 New V. 28, p. 65926-42-200through26-42-207 New V. 28, p. 659-66426-43-101through26-43-106 New V. 28, p. 664-66726-43-200through26-43-207 New V. 28, p. 667-671

AGENCY 28: DEPARTMENT OF HEALTHAND ENVIRONMENT

Reg. No. Action Register

28-1-27 New V. 30, p. 11128-4-92 Amended (T) V. 29, p. 134828-4-92 Amended V. 29, p. 170528-4-370through28-4-379 Revoked V. 29, p. 102428-4-503 Amended V. 29, p. 166228-4-505 Amended V. 29, p. 166228-4-514 Amended V. 29, p. 166328-4-520 New V. 29, p. 166328-4-521 New V. 29, p. 166328-4-1200through28-4-1218 New V. 28, p. 1426-143728-4-1300through28-4-1318 New V. 29, p. 1024-103228-16-28g Amended V. 29, p. 18128-17-6 Amended V. 28, p. 180928-17-12 Amended V. 28, p. 180928-19-200a New V. 29, p. 163428-19-202 Amended V. 29, p. 150928-19-325 New V. 29, p. 163428-19-350 Amended V. 29, p. 163528-19-517 Amended V. 29, p. 151028-19-712 New V. 29, p. 86628-19-712athrough28-19-712d New V. 29, p. 86728-19-713 New V. 29, p. 86728-19-713athrough28-19-713d New V. 29, p. 867, 86828-19-720 Amended V. 29, p. 151028-19-728 Revoked V. 29, p. 151128-19-728athrough28-19-728f Revoked V. 29, p. 151128-19-735 Amended V. 29, p. 151128-19-750 Amended V. 29, p. 151128-19-750a Amended V. 29, p. 151128-21-1 Revoked V. 29, p. 72528-21-6 Revoked V. 29, p. 72528-21-7 Revoked V. 29, p. 72528-21-8 Revoked V. 29, p. 72528-21-9 Revoked V. 29, p. 72528-21-10 Revoked V. 29, p. 72628-21-11 Revoked V. 29, p. 72628-21-20a Revoked V. 29, p. 72628-21-21a Revoked V. 29, p. 72628-21-22a Revoked V. 29, p. 72628-21-23a Revoked V. 29, p. 72628-21-24a Revoked V. 29, p. 72628-21-25a Revoked V. 29, p. 72628-21-26a Revoked V. 29, p. 72628-21-27a Revoked V. 29, p. 72628-21-28a Revoked V. 29, p. 72628-21-29a Revoked V. 29, p. 72628-21-30a Revoked V. 29, p. 72628-21-31a Revoked V. 29, p. 72628-21-32a Revoked V. 29, p. 72628-21-33a Revoked V. 29, p. 72628-21-34a Revoked V. 29, p. 72628-21-35a Revoked V. 29, p. 72628-21-40a Revoked V. 29, p. 72628-21-41a Revoked V. 29, p. 72628-21-42a Revoked V. 29, p. 72628-21-43a Revoked V. 29, p. 72628-21-44a Revoked V. 29, p. 72628-21-50a Revoked V. 29, p. 72628-21-51a Revoked V. 29, p. 72628-21-52a Revoked V. 29, p. 72628-21-53a Revoked V. 29, p. 72628-21-54a Revoked V. 29, p. 72628-21-55a Revoked V. 29, p. 72628-21-56a Revoked V. 29, p. 72628-21-57a Revoked V. 29, p. 72628-21-58a Revoked V. 29, p. 72628-21-59a Revoked V. 29, p. 72628-21-60a Revoked V. 29, p. 72628-21-61a Revoked V. 29, p. 726

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28-21-62a Revoked V. 29, p. 72628-21-63 Revoked V. 29, p. 72628-21-64 Revoked V. 29, p. 72628-21-70a Revoked V. 29, p. 72628-21-71a Revoked V. 29, p. 72628-21-72a Revoked V. 29, p. 72628-21-82through28-21-85 Revoked V. 29, p. 72628-23-4 Revoked V. 29, p. 72628-23-9 Revoked V. 29, p. 72628-23-10 Revoked V. 29, p. 72628-23-20through28-23-24 Revoked V. 29, p. 72628-23-26through28-23-32 Revoked V. 29, p. 72628-23-34through28-23-36 Revoked V. 29, p. 72728-23-41through28-23-55 Revoked V. 29, p. 72728-23-70 Revoked V. 29, p. 72728-23-71 Revoked V. 29, p. 72728-23-73 Revoked V. 29, p. 72728-23-75 Revoked V. 29, p. 72728-23-78through28-23-80 Revoked V. 29, p. 72728-29-501 New V. 28, p. 180928-36-30 Revoked V. 29, p. 72728-36-31 Revoked V. 29, p. 72728-36-70through28-36-89 Revoked V. 29, p. 72728-36-101through28-36-109 Revoked V. 29, p. 72728-39-145a Revoked V. 28, p. 62328-39-146 Revoked V. 28, p. 62328-39-147 Revoked V. 28, p. 62328-39-148 Revoked V. 28, p. 62328-39-162 Revoked V. 29, p. 177728-39-162a Revoked V. 29, p. 177728-39-162b Revoked V. 29, p. 177728-39-162c Revoked V. 29, p. 177728-39-164through28-39-168 Amended V. 28, p. 798-80028-39-240through28-39-253 Revoked V. 28, p. 67228-39-275through28-39-288 Revoked V. 28, p. 67228-39-425through28-39-436 Revoked V. 28, p. 67228-43-1through28-43-11 Revoked V. 29, p. 113728-45b-1through28-45b-28 New V. 28, p. 973-98828-46-1 Amended V. 29, p. 113828-46-2a Amended V. 29, p. 113828-46-3through28-46-22 Amended V. 29, p. 1139-114128-46-27 Amended V. 29, p. 114128-46-28 Amended V. 29, p. 114128-46-29 Amended V. 29, p. 114128-46-29a New V. 29, p. 114228-46-30 Amended V. 29, p. 114228-46-30a New V. 29, p. 114228-46-30b New V. 29, p. 114428-46-31 Amended V. 29, p. 114428-46-33 Amended V. 29, p. 114428-46-34 Amended V. 29, p. 114528-46-35 Amended V. 29, p. 114528-46-40 Amended V. 29, p. 114528-46-41 Amended V. 29, p. 114528-46-44 Amended V. 29, p. 1145

28-46-45 New V. 29, p. 114528-53-1through28-53-5 Amended V. 28, p. 240, 24128-61-1 Amended V. 29, p. 41928-61-2 Amended V. 29, p. 41928-61-5 Amended V. 29, p. 42028-61-8 Amended V. 29, p. 42228-70-4 New V. 28, p. 80028-72-1 Revoked V. 29, p. 35728-72-1a New V. 29, p. 35728-72-1c New V. 29, p. 35728-72-1d New V. 29, p. 35828-72-1e New V. 29, p. 35828-72-1g New V. 29, p. 35828-72-1h New V. 29, p. 35828-72-1i New V. 29, p. 35928-72-1k New V. 29, p. 35928-72-1l New V. 29, p. 35928-72-1m New V. 29, p. 36028-72-1n New V. 29, p. 36028-72-1o New V. 29, p. 36028-72-1p New V. 29, p. 36028-72-1r New V. 29, p. 36128-72-1s New V. 29, p. 36128-72-1t New V. 29, p. 36128-72-1v New V. 29, p. 36128-72-1x New V. 29, p. 36128-72-2 Amended V. 29, p. 36128-72-3 Amended V. 29, p. 36228-72-4 Amended V. 29, p. 36228-72-4a Amended V. 29, p. 36628-72-4b Revoked V. 29, p. 36828-72-4c Amended V. 29, p. 36828-72-5 Amended V. 29, p. 36928-72-6 Amended V. 29, p. 37028-72-6a New V. 29, p. 37128-72-7 Amended V. 29, p. 37328-72-7a New V. 29, p. 37328-72-8 Amended V. 29, p. 37428-72-9 Amended V. 29, p. 37528-72-10 Amended V. 29, p. 37628-72-10a New V. 29, p. 37728-72-11 Amended V. 29, p. 37828-72-12 Amended V. 29, p. 37828-72-13 Amended V. 29, p. 37928-72-14 Amended V. 29, p. 37928-72-15 Amended V. 29, p. 38028-72-16 Amended V. 29, p. 38028-72-17 Amended V. 29, p. 38128-72-18 Amended V. 29, p. 38228-72-18a Amended V. 29, p. 38328-72-18b Amended V. 29, p. 38428-72-18c Amended V. 29, p. 38428-72-18d Amended V. 29, p. 38528-72-18e Amended V. 29, p. 38628-72-19 Amended V. 29, p. 38728-72-20 Amended V. 29, p. 38728-72-21 Amended V. 29, p. 38728-72-22 Amended V. 29, p. 38828-72-51 Amended V. 29, p. 38828-72-52 Amended V. 29, p. 38928-72-53 Amended V. 29, p. 38928-73-1 Amended V. 28, p. 74

AGENCY 30: SOCIAL ANDREHABILITATION SERVICES

Reg. No. Action Register

30-4-90 Amended V. 28, p. 91630-5-118a Revoked V. 29, p. 29330-45-20 New V. 28, p. 96630-46-10 Amended V. 28, p. 96630-46-17 Amended V. 28, p. 96730-63-10 Amended V. 28, p. 180630-63-11 Amended V. 28, p. 180730-63-12 Amended V. 28, p. 1807

AGENCY 36: DEPARTMENT OFTRANSPORTATION

Reg. No. Action Register

36-39-2 Amended (T) V. 29, p. 109036-39-2 Amended V. 29, p. 141636-39-4 Amended (T) V. 29, p. 109136-39-4 Amended V. 29, p. 1416

36-39-6 Amended (T) V. 29, p. 109136-39-6 Amended V. 29, p. 141636-42-1through36-42-9 New V. 29, p. 502-504

AGENCY 40: KANSAS INSURANCEDEPARTMENT

Reg. No. Action Register

40-1-37 Amended V. 28, p. 96640-1-38 Amended V. 28, p. 159340-1-48 Amended V. 29, p. 175240-2-28 New V. 28, p. 27340-3-30 Amended V. 28, p. 11240-3-43 Amended V. 29, p. 133740-3-56 New V. 28, p. 151840-3-57 New V. 28, p. 151840-3-58 New V. 28, p. 151840-4-35 Amended V. 28, p. 91540-4-36 Amended V. 28, p. 125240-4-37v New V. 28, p. 64340-4-43 New V. 29, p. 70340-7-20a Amended V. 28, p. 60440-7-26 New V. 29, p. 175240-7-27 New V. 29, p. 175340-9-23 New V. 29, p. 1813

AGENCY 48: DEPARTMENT OF LABOR—EMPLOYMENT SECURITY BOARD

OF REVIEW

Reg. No. Action Register

48-1-1through48-1-6 Amended V. 29, p. 15-1748-2-1through48-2-5 Amended V. 29, p. 1748-3-1 Amended V. 29, p. 1848-3-2 Amended V. 29, p. 1848-3-4 Amended V. 29, p. 1848-3-5 Amended V. 29, p. 1848-4-1 Amended V. 29, p. 1848-4-2 Amended V. 29, p. 18

AGENCY 49: DEPARTMENT OF LABOR

Reg. No. Action Register

49-55-1through49-55-12 New V. 29, p. 675, 676

AGENCY 50: DEPARTMENT OF LABOR—DIVISION OF EMPLOYMENT

Reg. No. Action Register

50-2-21a New (T) V. 29, p. 70150-2-21a New V. 29, p. 1214

AGENCY 51: DEPARTMENT OF LABOR—DIVISION OF WORKERS COMPENSATION

Reg. No. Action Register

51-9-7 Amended V. 29, p. 1508

AGENCY 60: BOARD OF NURSING

Reg. No. Action Register

60-2-105 Amended V. 28, p. 19760-2-106 Amended V. 28, p. 19760-9-105 Amended V. 28, p. 19760-9-107 Amended V. 28, p. 19860-11-101through60-11-105 Amended V. 28, p. 1252-125460-11-107 Amended V. 28, p. 125460-13-103 Amended V. 28, p. 20060-13-104 Amended V. 28, p. 20060-15-101 Amended V. 28, p. 20060-15-102 Amended V. 28, p. 20160-15-104 Amended V. 28, p. 20260-16-105 Revoked V. 29, p. 1115

AGENCY 65: BOARD OF EXAMINERSIN OPTOMETRY

Reg. No. Action Register

65-4-3 Amended V. 29, p. 990(continued)

176 Index to RegulationsKansas Register

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AGENCY 66: BOARD OF TECHNICALPROFESSIONS

Reg. No. Action Register

66-6-6 Amended V. 28, p. 153666-6-8 Revoked V. 28, p. 153766-6-9 Revoked V. 28, p. 153766-7-2 Amended V. 28, p. 153766-8-1 Revoked V. 28, p. 153766-8-3 Amended V. 28, p. 153766-8-4 Amended V. 28, p. 153766-8-6 Amended V. 29, p. 79466-8-7 Amended V. 28, p. 153766-9-4 Amended V. 28, p. 153866-10-1 Amended V. 29, p. 79466-10-9 Amended V. 28, p. 153866-10-14 Amended V. 28, p. 153866-11-1 Amended V. 28, p. 153966-11-1a Amended V. 28, p. 153966-11-1b Amended V. 28, p. 153966-11-4 Amended V. 28, p. 153966-11-5 Amended V. 28, p. 4466-12-1 Amended V. 29, p. 79466-14-1 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. 4566-14-10 Amended V. 29, p. 794

AGENCY 67: BOARD OF EXAMINERS INTHE FITTING AND DISPENSING OF

HEARING INSTRUMENTS

Reg. No. Action Register

67-3-5 New V. 28, p. 1187

AGENCY 68: BOARD OF PHARMACY

Reg. No. Action Register

68-1-1b Amended V. 29, p. 46568-1-1h New V. 28, p. 149168-1-3a Amended V. 28, p. 149168-2-20 Amended V. 28, p. 176568-2-22 Amended V. 28, p. 149168-7-11 Amended V. 29, p. 105368-7-14 Amended V. 28, p. 149268-7-21 New V. 29, p. 46568-16-3 Amended V. 28, p. 34268-19-1 New V. 28, p. 34268-20-10a Amended V. 29, p. 46668-20-16 Amended V. 28, p. 156168-20-23 New V. 28, p. 19268-21-1through68-21-7 New V. 29, p. 1417-1420

AGENCY 69: BOARD OF COSMETOLOGY

Reg. No. Action Register

69-3-8 Amended (T) V. 28, p. 92369-11-1 Amended V. 28, p. 298

AGENCY 71: KANSAS DENTAL BOARD

Reg. No. Action Register

71-5-1through71-5-6 Revoked V. 29, p. 159371-5-7through71-5-13 New V. 29, p. 1593-159771-11-1 New V. 28, p. 1187

AGENCY 74: BOARD OF ACCOUNTANCY

Reg. No. Action Register

74-4-7 Amended V. 28, p. 64374-4-8 Amended V. 29, p. 163674-4-9 Amended V. 29, p. 163874-5-2 Amended V. 29, p. 163874-5-2a New V. 28, p. 64674-5-101 Amended V. 29, p. 163974-5-102 Amended V. 28, p. 64674-5-103 Amended V. 28, p. 64674-5-201 Amended V. 28, p. 64674-5-202 Amended V. 29, p. 163974-5-203 Amended V. 29, p. 1639

74-5-301 Amended V. 28, p. 64774-5-302 Amended V. 28, p. 64774-5-401 Amended V. 28, p. 64774-5-403 Amended V. 28, p. 64774-5-405a Amended V. 28, p. 64774-5-406 Amended V. 28, p. 64774-6-2 Amended V. 29, p. 164074-7-4 Amended V. 28, p. 64874-11-6 Amended V. 29, p. 164074-11-7 Amended V. 29, p. 164074-12-1 Amended V. 29, p. 164174-15-2 Revoked V. 29, p. 1641

AGENCY 75: OFFICE OF THE STATEBANK COMMISSIONER—CONSUMER AND

MORTGAGE LENDING DIVISION

Reg. No. Action Register

75-6-1 Amended V. 28, p. 136775-6-9 Amended V. 28, p. 136775-6-31 Amended V. 28, p. 136775-6-33 Revoked V. 28, p. 136875-6-34 Revoked V. 28, p. 136875-6-36 New V. 28, p. 136875-6-37 New V. 28, p. 136875-6-38 New V. 28, p. 1368

AGENCY 81: OFFICE OF THESECURITIES COMMISSIONER

Reg. No. Action Register

81-3-6 Amended V. 28, p. 60681-5-14 Amended V. 28, p. 57181-14-5 Amended V. 28, p. 610

AGENCY 82: STATE CORPORATIONCOMMISSION

Reg. No. Action Register

82-1-219 Amended V. 29, p. 109982-3-101a New V. 29, p. 150882-3-311a New V. 29, p. 18182-3-1100through82-3-1120 New V. 29, p. 182-19082-4-2 Amended V. 29, p. 144382-4-3athrough82-4-3d Amended V. 28, p. 1373-138582-4-3a Amended V. 29, p. 144382-4-3d Amended V. 29, p. 144482-4-3e Revoked V. 28, p. 138682-4-3fthrough82-4-3m Amended V. 28, p. 1386-139782-4-3f Amended V. 29, p. 139082-4-3n New V. 29, p. 144482-4-3o New V. 29, p. 144582-4-6a Amended V. 29, p. 144682-4-8h Amended V. 29, p. 144682-4-20 Amended V. 28, p. 139782-4-21 Amended V. 29, p. 144682-4-22 Amended V. 29, p. 144682-4-23 Amended V. 29, p. 144782-4-24a Amended V. 29, p. 144782-4-26 Amended V. 29, p. 144782-4-26a Amended V. 29, p. 144782-4-27 Amended V. 29, p. 144782-4-27a Amended V. 29, p. 144882-4-27c Amended V. 29, p. 144882-4-27e Amended V. 29, p. 144982-4-28 Revoked V. 29, p. 144982-4-28a Revoked V. 29, p. 144982-4-28b Revoked V. 29, p. 144982-4-30a Amended (T) V. 29, p. 70282-4-30a Amended V. 29, p. 139282-4-31 Revoked V. 29, p. 145082-4-32 Amended V. 29, p. 145082-4-33 Amended V. 29, p. 145082-4-35 Amended V. 29, p. 145082-4-35a Amended V. 29, p. 145082-4-37 Revoked V. 29, p. 145082-4-40 Amended V. 29, p. 145082-4-42 Amended V. 29, p. 145082-4-48 Amended V. 29, p. 145182-4-48a Amended V. 29, p. 145182-4-53 Amended V. 29, p. 1451

82-4-54 Amended V. 29, p. 145282-4-55 Amended V. 29, p. 145282-4-56a Amended V. 29, p. 145282-4-57 Amended V. 29, p. 145382-4-58 Amended V. 29, p. 145382-4-62 Revoked V. 29, p. 145382-4-63 Amended V. 29, p. 145382-4-65 Amended V. 29, p. 145382-4-77 Amended V. 29, p. 145482-11-4 Amended V. 28, p. 91782-11-10 Amended V. 28, p. 92282-14-1through82-14-5 Amended V. 28, p. 967-97182-14-6 New V. 28, p. 97282-16-1through82-16-6 New V. 29, p. 1598-160182-17-1through82-17-5 New V. 29, p. 1136, 1137

AGENCY 84: PUBLIC EMPLOYEERELATIONS BOARD

Reg. No. Action Register

84-2-1 Amended V. 28, p. 872

AGENCY 88: BOARD OF REGENTS

Reg. No. Action Register

88-24-1 Amended V. 29, p. 141588-28-6 Amended V. 29, p. 40888-29-1 Amended (T) V. 28, p. 110188-29-1 Amended V. 28, p. 156188-29-4 Amended (T) V. 28, p. 110288-29-4 Amended V. 28, p. 156288-29-5 Amended (T) V. 28, p. 110388-29-5 Amended V. 28, p. 156388-29-7 Amended (T) V. 28, p. 110388-29-7 Amended V. 28, p. 156388-29-8 Amended (T) V. 28, p. 110388-29-8 Amended V. 28, p. 156388-29-8a New (T) V. 28, p. 110388-29-8a New V. 28, p. 156388-29-8b New (T) V. 28, p. 110488-29-8b New V. 28, p. 156488-29-9 Amended (T) V. 28, p. 110488-29-9 Amended V. 28, p. 156488-29-11 Amended (T) V. 28, p. 110588-29-11 Amended V. 28, p. 156588-29-12 Amended (T) V. 28, p. 110688-29-12 Amended V. 28, p. 156688-29-18 Amended (T) V. 28, p. 110788-29-18 Amended V. 28, p. 156788-29-19 Amended (T) V. 28, p. 110888-29-19 Amended V. 28, p. 1568

AGENCY 91: DEPARTMENT OFEDUCATION

Reg. No. Action Register91-1-200 Amended V. 28, p. 122291-1-202 Amended V. 28, p. 122391-1-203 Amended V. 28, p. 122591-1-204 Amended V. 28, p. 122991-1-205 Amended V. 28, p. 123291-1-216 Amended V. 28, p. 123391-40-1 Amended V. 29, p. 109391-40-27 Amended V. 29, p. 1098

AGENCY 92: DEPARTMENT OF REVENUEReg. No. Action Register92-12-145 Amended V. 28, p. 60492-24-23 Amended V. 29, p. 163392-26-1 Amended V. 28, p. 17092-26-4 Amended V. 28, p. 17092-28-1through92-28-4 New V. 28, p. 11392-51-25a New V. 29, p. 1281

AGENCY 94: COURT OF TAX APPEALSReg. No. Action Register94-2-1through94-2-21 Revoked V. 29, p. 1478, 147994-5-1through94-5-25 New V. 29, p. 1479-1485

177Index to Regulations Kansas Register

� Kansas Secretary of State 2011Vol. 30, No. 8, February 24, 2011

Agency 97: COMMISSION ONVETERANS’ AFFAIRS

Reg. No. Action Register

97-1-1 Revoked V. 28, p. 45997-1-1a New V. 28, p. 45997-1-2 Revoked V. 28, p. 46097-1-2a New V. 28, p. 46097-1-3 Revoked V. 28, p. 46097-1-3a New V. 28, p. 46097-1-4 Revoked V. 28, p. 46097-1-4a New V. 28, p. 46097-1-5 Revoked V. 28, p. 46197-1-5a New V. 28, p. 46197-1-6a New V. 28, p. 46197-2-1 Revoked V. 28, p. 46297-2-1a New V. 28, p. 46297-2-2 Revoked V. 28, p. 46297-2-2a New V. 28, p. 46297-2-3through97-2-8 Revoked V. 28, p. 46297-3-1 Revoked V. 28, p. 46297-3-1a New V. 28, p. 46297-3-2 Revoked V. 28, p. 46297-3-2a New V. 28, p. 46297-3-3 Revoked V. 28, p. 46397-3-3a New V. 28, p. 46397-3-4through97-3-9 Revoked V. 28, p. 46397-4-1a New V. 28, p. 46397-7-1through97-7-6 New V. 29, p. 252-254

AGENCY 99: DEPARTMENT OFAGRICULTURE—DIVISION OF

WEIGHTS AND MEASURES

Reg. No. Action Register

99-25-1 Amended V. 29, p. 124299-25-5 Amended V. 29, p. 124299-25-12 New V. 29, p. 124299-26-1 Amended V. 28, p. 522

AGENCY 100: BOARD OF HEALING ARTS

Reg. No. Action Register

100-11-1 Amended V. 29, p. 650100-28a-1 Amended V. 28, p. 112100-28a-2 Amended V. 28, p. 1736100-28a-10 Amended V. 28, p. 572100-29-1 Amended V. 29, p. 598100-29-3a Amended V. 28, p. 1737100-29-16 Amended V. 28, p. 1060100-49-4 Amended V. 29, p. 651100-54-1 Amended V. 28, p. 1594100-54-8 Amended V. 28, p. 1595100-55-1 Amended V. 29, p. 704100-55-7 Amended V. 29, p. 651100-55-9 Amended V. 28, p. 572100-69-10 Amended V. 28, p. 572100-69-12 New V. 29, p. 704100-72-1 Amended V. 28, p. 112100-72-2 Amended V. 29, p. 705100-72-7 Amended V. 28, p. 273100-73-1 Amended (T) V. 28, p. 923100-73-1 Amended V. 28, p. 1282100-73-2 Amended V. 29, p. 598

AGENCY 102: BEHAVIORAL SCIENCESREGULATORY BOARD

Reg. No. Action Register

102-1-8a New V. 28, p. 114102-1-13 Amended (T) V. 28, p. 1101102-1-13 Amended V. 28, p. 1426102-2-3 Amended V. 29, p. 340102-2-8 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. 117102-4-9b New V. 28, p. 117102-5-9a New V. 28, p. 118102-6-9a New V. 28, p. 118

AGENCY 105: BOARD OFINDIGENTS’ DEFENSE SERVICES

Reg. No. Action Register

105-4-1 Amended (T) V. 29, p. 1338105-4-1 Amended V. 29, p. 1506105-5-2 Amended (T) V. 29, p. 1339105-5-2 Amended V. 29, p. 1506105-5-3 Amended (T) V. 29, p. 1339105-5-3 Amended V. 29, p. 1506105-5-6 Amended (T) V. 29, p. 1339105-5-6 Amended V. 29, p. 1506105-5-7 Amended (T) V. 29, p. 1339105-5-7 Amended V. 29, p. 1507105-5-8 Amended (T) V. 29, p. 1340105-5-8 Amended V. 29, p. 1507105-11-1 Amended (T) V. 29, p. 1340105-11-1 Amended V. 29, p. 1507

AGENCY 108: STATE EMPLOYEESHEALTH CARE COMMISSION

Reg. No. Action Register

108-1-1 Amended V. 29, p. 1055108-1-1 Amended (T) V. 29, p. 1340108-1-3 Amended V. 29, p. 1057108-1-3 Amended (T) V. 29, p. 1342108-1-4 Amended V. 29, p. 1059108-1-4 Amended (T) V. 29, p. 1344

AGENCY 109: BOARD OFEMERGENCY MEDICAL SERVICES

Reg. No. Action Register

109-1-1a New (T) V. 30, p. 138109-2-9 Amended V. 28, p. 1030109-3-1 Amended V. 28, p. 1030109-5-1 Amended (T) V. 30, p. 138109-5-1a New (T) V. 30, p. 139109-5-1b New (T) V. 30, p. 139109-5-1d New (T) V. 30, p. 139109-5-1e New (T) V. 30, p. 139109-5-1f New (T) V. 30, p. 139109-5-2 Amended V. 28, p. 574109-5-3 Amended V. 29, p. 1282109-5-4 Revoked V. 29, p. 113109-5-6 New V. 28, p. 575109-5-7a New (T) V. 30, p. 139109-5-7b New (T) V. 30, p. 140109-5-7d New (T) V. 30, p. 141109-6-1 Amended V. 29, p. 113109-6-2 Amended V. 29, p. 113109-6-3 Revoked V. 28, p. 575109-8-1 Amended (T) V. 30, p. 141109-10-1a New (T) V. 30, p. 141109-10-1b New (T) V. 30, p. 142109-10-1d New (T) V. 30, p. 142109-10-1e New (T) V. 30, p. 142109-10-1f New (T) V. 30, p. 142109-10-1g New (T) V. 30, p. 142109-10-6 Amended (T) V. 30, p. 143109-10-7 New V. 29, p. 113109-11-1 Amended V. 29, p. 1283109-11-1a New (T) V. 30, p. 143109-11-3 Amended V. 29, p. 1284109-11-3a New (T) V. 30, p. 144109-11-4 Amended V. 29, p. 1284109-11-6 Amended V. 29, p. 1285109-11-6a New (T) V. 30, p. 144109-15-1 New V. 28, p. 575109-15-2 Amended V. 29, p. 1285

AGENCY 110: DEPARTMENT OF COMMERCE

Reg. No. Action Register

110-4-1through110-4-5 Amended V. 30, p. 25-27

AGENCY 111: KANSAS LOTTERY

A complete index listing all regulations filed bythe Kansas Lottery from 1988 through 2000 can befound in the Vol. 19, No. 52, December 28, 2000Kansas Register. A list of regulations filed from2001 through 2003 can be found in the Vol. 22, No.52, December 25, 2003 Kansas Register. A list ofregulations filed from 2004 through 2005 can befound in the Vol. 24, No. 52, December 29, 2005Kansas Register. A list of regulations filed from

2006 through 2007 can be found in the Vol. 26, No.52, December 27, 2007 Kansas Register. A list ofregulations filed from 2008 through November2009 can be found in the Vol. 28, No. 53, December31, 2009 Kansas Register. The following regulationswere filed after December 1, 2009:

Reg. No. Action Register

111-2-30 Amended V. 29, p. 215111-2-232 Amended V. 29, p. 215111-2-233 Amended V. 29, p. 215111-2-234 New V. 29, p. 746111-2-235through111-2-240 New V. 29, p. 1214, 1215111-2-241 New V. 29, p. 1247111-2-242 New V. 29, p. 1247111-2-243through111-2-248 New V. 29, p. 1512, 1513111-4-2899through111-4-2907 New V. 29, p. 9-14111-4-2908through111-4-2911 New V. 29, p. 149-152111-4-2911a New V. 29, p. 152111-4-2912through111-4-2923 New V. 29, p. 153-157111-4-2924through111-4-2930 New V. 29, p. 216-222111-4-2931through111-4-2938 New V. 29, p. 467-473111-4-2939through111-4-2948 New V. 29, p. 569-575111-4-2949through111-4-2984 New V. 29, p. 746-769111-4-2949through111-4-2984 New V. 29, p. 746-769111-4-2985through111-4-2988 New V. 29, p. 1180-1183111-4-2989 New V. 29, p. 1216111-4-2990 New V. 29, p. 1217111-4-2991 New V. 29, p. 1218111-4-2992through111-4-3011 New V. 29, p. 1248-1259111-4-3012through111-4-3022 New V. 29, p. 1513-1522111-5-175through111-5-179 New V. 29, p. 157-159111-5-180through111-5-194 New V. 29, p. 222-228111-5-181 Amended V. 29, p. 1522111-5-184 Amended V. 29, p. 1523111-5-186 Amended V. 29, p. 1524111-5-194 Amended V. 29, p. 1525111-9-162 New V. 29, p. 229111-9-163 New V. 29, p. 229111-9-164 New V. 29, p. 230111-9-165 New V. 29, p. 769111-9-166 New V. 29, p. 1184111-9-167 New V. 29, p. 1526111-9-168 New V. 29, p. 1526111-9-169 New V. 29, p. 1527111-201-1through111-201-17 New V. 29, p. 73-79111-301-1through111-301-6 New V. 29, p. 79, 80111-302-1through111-302-6 New V. 29, p. 82-86

(continued)

178 Index to RegulationsKansas Register

� Kansas Secretary of State 2011 Vol. 30, No. 8, February 24, 2011

111-303-1through111-303-5 New V. 29, p. 87-89111-304-1through111-304-6 New V. 29, p. 89-91111-305-1through111-305-6 New V. 29, p. 474, 475111-306-1through111-306-6 New V. 29, p. 1185-1187111-306-4 Amended V. 29, p.1260111-306-6 Amended V. 29, p. 1219111-307-1through111-307-7 New V. 29, p. 1189-1191111-308-1through111-308-7 New V. 29, p. 1261-1263111-309-1through111-309-6 New V. 29, p. 1528-1530111-310-1through111-310-6 New V. 29, p. 1530-1532111-311-1through111-311-7 New V. 29, p. 1532-1535

AGENCY 112: RACING ANDGAMING COMMISSION

Reg. No. Action Register

112-12-15 New V. 28, p. 797112-13-6 New V. 28, p. 376112-101-1through112-101-16 New V. 28, p. 376-379112-102-1through112-102-13 New V. 28, p. 1161-1163112-103-1through112-103-12 New V. 28, p. 376-382112-103-15 New V. 28, p. 382112-103-16 New V. 28, p. 382112-104-34through112-104-41 New V. 28, p. 1457-1459112-107-1 New V. 28, p. 424112-107-2 New V. 28, p. 424112-107-3 New V. 28, p. 424112-107-5 New V. 28, p. 428112-107-6 New V. 28, p. 428112-107-7 New V. 28, p. 428112-107-9 New V. 28, p. 429112-107-10 New V. 28, p. 429112-107-11 New V. 28, p. 430112-107-13through112-107-32 New V. 28, p. 430-440

112-107-34 New V. 28, p. 441112-108-1through112-108-57 New V. 28, p. 1766-1788112-110-1through112-110-13 New V. 28, p. 464-470112-111-1through112-111-5 New V. 28, 470-472112-113-1 New V. 28, p. 382112-114-1through112-114-6 New V. 28, p. 472112-114-8through112-114-12 New V. 28, p. 472, 473112-114-14 New V. 28, p. 473

AGENCY 115: DEPARTMENT OFWILDLIFE AND PARKS

Reg. No. Action Register

115-2-1 Amended V. 29, p. 1602115-2-3 Amended V. 29, p. 1603115-2-3a Amended V. 29, p. 1603115-4-2 Amended V. 29, p. 408115-4-4 Amended V. 29, p. 658115-4-4a Amended V. 29, p. 659115-4-6 Amended V. 29, p. 409115-4-11 Amended V. 29, p. 67115-5-1 Amended V. 28, p. 1250115-5-2 Amended V. 28, p. 1251115-6-1 Amended V. 28, p. 1251115-7-1 Amended V. 29, p. 1606115-7-3 Amended V. 28, p. 1599115-7-8 Revoked V. 29, p. 1607115-7-9 Amended V. 29, p. 1607115-7-10 New V. 28, p. 1600115-8-1 Amended V. 29, p. 1092115-8-6 Amended V. 28, p. 1600115-15-1 Amended V. 28, p. 1079115-15-2 Amended V. 28, p. 1080115-18-7 Amended V. 29, p. 659115-18-20 Amended V. 29, p. 1608115-20-7 New V. 29, p. 659

AGENCY 117: REAL ESTATEAPPRAISAL BOARD

Reg. No. Action Register

117-1-1 Amended V. 28, p. 373117-2-1 Amended V. 29, p. 412117-2-2 Amended V. 29, p. 413117-2-2a Amended V. 28, p. 373117-3-1 Amended V. 29, p. 414117-3-2 Amended V. 29, p. 415117-3-2a Amended V. 28, p. 373117-4-1 Amended V. 29, p. 416117-4-2 Amended V. 29, p. 417117-4-2a Amended V. 28, p. 374117-5-2 Amended V. 28, p. 374

117-5-2a Amended V. 28, p. 375117-6-1 Amended V. 29, p. 656117-6-3 Amended V. 29, p. 656117-7-1 Amended V. 30, p. 92117-8-1 Amended V. 29, p. 418117-10-1 New V. 28, p. 375

AGENCY 121: DEPARTMENT OFCREDIT UNIONS

Reg. No. Action Register

121-9-1 Amended V. 28, p. 457121-10-1 Amended V. 29, p. 675121-11-1 New V. 28, p. 457121-11-2 New V. 28, p. 457121-12-1 New V. 28, p. 459

AGENCY 123: JUVENILE JUSTICEAUTHORITY

Reg. No. Action Register

123-2-111 New (T) V. 29, p. 1115123-2-111 New V. 29, p. 1415

AGENCY 127: KANSAS HOUSINGRESOURCES CORPORATION

Reg. No. Action Register

127-2-1 New V. 28, p. 192127-2-2 New V. 28, p. 192127-2-3 New V. 28, p. 193

AGENCY 129: KANSAS HEALTHPOLICY AUTHORITY

Reg. No. Action Register

129-5-78 Amended V. 28, p. 1464129-5-118 Amended V. 29, p. 293129-5-118a New V. 29, p. 294129-5-118b Amended V. 29, p. 296129-10-31 New V. 30, p. 92

AGENCY 130: HOME INSPECTORSREGISTRATION BOARD

Reg. No. Action Register

130-1-1 New V. 28, p. 1737130-1-2 New (T) V. 29, p. 38130-1-2 New V. 29, p. 567130-1-3 New (T) V. 29, p. 38130-1-3 New V. 29, p. 567130-1-4 Amended V. 29, p. 567130-1-5 New V. 28, p. 1738130-2-1 New V. 28, p. 1738130-3-1 New (T) V. 29, p. 38130-3-1 New V. 29, p. 568130-4-1 New (T) V. 29, p. 39130-4-1 New V. 29, p. 794130-4-2 New (T) V. 29, p. 39130-4-2 New V. 29, p. 794130-5-2 New V. 29, p. 569

Kansas RegisterSecretary of State1st Floor, Memorial Hall120 S.W. 10th Ave.Topeka, KS 66612-1594