Kansas Register Kris W. Kobach, Secretary of State

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1 Kris W. Kobach, Secretary of State In this issue Vol. 34, No. 53 December 31, 2015 Pages Page Legislative interim committee schedule Attorney General 2015 update to guidelines for takings of private property Kansas Board of Regents Universities Notice to bidders Department of Administration Procurement and Contracts Notice to bidders for state purchases Kansas Department of Transportation Notice to contractors Board of Emergency Medical Services Notice of hearing on proposed administrative regulations (revised) Department of Health and Environment Request for comments on proposed air quality permit Kansas Development Finance Authority Notice of hearing on proposed revenue bonds City of Hesston Notice of bond sale Pooled Money Investment Board Notice of investment rates Department of Commerce Request for comments on the Workforce Innovation Opportunity Act Combined State Plan City of Osage City Notice of intent to seek private placement of general obligation bonds Bourbon County Notice of intent to seek private placement of general obligation bonds Permanent Administrative Regulations Department of Revenue Index to administrative regulations

2 1350 Legislature Interim Agenda Interim Committee Schedule The Legislative Research Department gives notice that the following legislative committees plan to meet on the dates listed below based on current information and subject to change. Requests for accommodation to participate in committee meetings should be made at least two working days in advance of the meeting by contacting Legislative Administrative Services at or TTY 711, or Date Room Time Committee Agenda Jan N 9:00 a.m. Joint Committee on Special Claims Against the State Review claims. Jan N 9:00 a.m. K-12 Student Success Study Committee Agenda not available. Jan S 10:00 a.m. Joint Committee on Administrative Rules and Regulations Doc. No Review and comment on proposed rules and regulations noticed of hearing by the Board of Healing Arts; Department of Revenue; Real Estate Appraisal Board; Board of Emergency Medical Services; Corporation Commission; Board of Nursing; Department of Agriculture, Division of Conservation; and possibly one additional notice. Tom Day Director of Legislative Administrative Services The (USPS ) is an official publication of the state of Kansas, published by authority of K.S.A The is published weekly and a cumulative index is published annually by the Kansas Secretary of State. One-year subscriptions are $80 (Kansas residents must include applicable state and local sales tax). Single copies, if available, may be purchased for $2. Periodicals postage paid at Topeka, Kansas. POSTMASTER: Send change of address form to, Secretary of State, 1st Floor, Memorial Hall, 120 S.W. 10th Ave., Topeka, KS Kansas Secretary of State Reproduction of the publication in its entirety or for commercial purposes is prohibited without prior permission. Official enactments of the Kansas Legislature and proposed and adopted administrative regulations of state agencies may be reproduced in any form without permission. Hard copy subscription information and current and back issues of the (PDF Format) can be found at the following link: Published by Kris W. Kobach Secretary of State 1st Floor, Memorial Hall 120 S.W. 10th Ave. Topeka, KS Register Office: 1st Floor, Memorial Hall Fax kansasregister@sos.ks.gov Kansas Secretary of State 2015 Vol. 34, No. 53, December 31, 2015

3 Notices 1351 Attorney General 2015 Update to Guidelines for Takings of Private Property The Private Property Protection Act, K.S.A et seq., requires the Attorney General to compile and annually update guidelines to be used by state agencies in determining whether proposed government actions may constitute a taking of private property. These guidelines are to be based on cases decided by the United States Supreme Court and the Kansas Supreme Court. 1 Government action is defined as legislation, regulations or directives, or agency guidelines and procedures for the issuing of licenses or permits. 2 The Act expressly excludes other types of activity, such as the formal exercise of eminent domain. 3 Under the criteria of the Act, there are no cases to include in the 2015 update to the Attorney General s Guidelines. 4 1 K.S.A K.S.A (b)(1). 3 K.S.A (b)(2). 4 The original guidelines are published at 14 Kan. Reg (Dec. 21, 1995). Derek Schmidt Attorney General Doc. No Board of Regents Universities Notice to Bidders The universities of the Kansas Board of Regents encourage interested vendors to visit the various universities purchasing offices websites for a listing of all transactions, including construction projects, for which the universities purchasing offices, or one of the consortia commonly utilized by the universities, are seeking information, competitive bids or proposals. The referenced construction projects may include project delivery construction procurement act projects pursuant to K.S.A. 76-7,125 et seq. Emporia State University Bid postings: busaff/. Additional contact info: phone , fax: , tshepher@emporia.edu. Mailing address: Emporia State University Purchasing, Campus Box 4021, 1 Kellogg Circle, Emporia, KS Fort Hays State University Bid postings: purchasing/bids. Additional contact info: phone , fax: , purchasing@fhsu.edu. Mailing address: Fort Hays State Purchasing Office, 601 Park St., 318 Sheridan Hall, Hays, KS Kansas State University Bid postings: purchasing/rfq. Additional contact info: phone: , fax: , kspurch@k-state.edu. Mailing address: Division of Financial Services/Purchasing, 21 Anderson Hall, Kansas State University, Manhattan, KS Pittsburg State University Bid postings: office/purchasing. Additional contact info: phone: , fax: , purch@pittstate.edu. Mailing address: Pittsburg State University, Purchasing Office, 1701 S. Broadway, Pittsburg, KS University of Kansas Electronic bid postings: Paper bid postings and mailing address: KU Purchasing Services, 1246 W. Campus Road, Room 20, Lawrence, KS Additional contact info: phone: , fax: , purchasing@ku.edu. University of Kansas Medical Center Bid postings: www2.kumc.edu/finance/purchasing/bids.html. Additional contact info: phone: , fax: Mailing address: University of Kansas Medical Center, Purchasing Department, Mail Stop 2034, 3901 Rainbow Blvd., Kansas City, KS Wichita State University Bid postings: purchasing. Additional contact info: phone: , fax: Mailing address: Wichita State University, Office of Purchasing, 1845 Fairmount Ave., Campus Box 12, Wichita, KS Kathy Herrman Chair of Regents Purchasing Group Director of Purchasing Doc. No Department of Administration Procurement and Contracts Notice to Bidders Sealed bids for items listed will be received by the director of Procurement and Contracts until 2 p.m. on the date indicated. For more information call : 01/31/2016 EVT Agricultural Services, Pratt Sandhills Wildlife Area 01/13/2016 EVT Concrete Flatwork at Hillsdale State Park The above-referenced bid documents can be downloaded at the following website: Additional files may be located at the following website (please monitor this website on a regular basis for any changes/addenda): 01/21/2016 A University of Kansas Summerfield Hall Building Improvements 01/26/2016 A Kansas Soldiers Home Halsey Hall Renovation at Fort Dodge Information regarding prequalification, projects and bid documents can be obtained by calling or online at Tracy T. Diel, Director Procurement and Contracts Doc. No Vol. 34, No. 53, December 31, 2015 Kansas Secretary of State 2015

4 1352 Notice/Hearing Department of Transportation Notice to Contractors Electronic copies of the letting proposals and plans are available on the KDOT website at burconsmain/contracts/proposal.asp. The website will allow the contractor to request approval from KDOT to bid as a prime contractor and be included on the Bid Holders List, or to be included on the NonBid Holders List as a subcontractor/supplier. KDOT s approval is required to bid as a prime contractor. To bid as a prime contractor, KDOT needs to be notified of the intent to bid no later than the close of business on the Monday preceding the scheduled letting date. Failure to obtain prior approval to bid as a prime contractor on any projects listed below will be reason to reject the bid. The secretary of transportation reserves the right to reject bids that do not comply with all requirements for preparing a bidding proposal as specified in the 2007 edition of the Kansas Department of Transportation s Standard Specifications for State Road and Bridge Construction. KDOT will only accept electronic proposals using the Bid Express website at until 1 p.m. local time January 20, KDOT will open and read these proposals at the Eisenhower State Office Building, 700 S.W. Harrison, Topeka, at 1:30 p.m. local time January 20, An audio broadcast of the bid letting is available at Each bidder shall certify that such person, firm, association or corporation has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the submitted bid. This certification shall be in the form of a required contract provision provided by the state to each prospective bidder. Failure to complete the required contract provision and certify the completeness of the preceding statement when electronically signing the proposal will make the bid nonresponsive and not eligible for award consideration. District One Northeast Johnson KA U.S. 69, bridge #099 (Blue River), located 5.12 miles north of the Johnson/Miami county line, bridge replacement. (Federal Funds) Wyandotte 105 N Merriam Lane from County Line Road to 24th Street, grading and surfacing, 0.7 mile. (Federal Funds) District Two North Central Clay KA U.S. 24, from the Clay/Cloud county line east to the west city limits of Clay Center, milling and overlay, 11.9 miles. (State Funds) Dickinson KA U.S. 56, from the Dickinson/Marion county line north to the U.S. 56/U.S. 77 junction, milling and overlay, 4.3 miles. (State Funds) District Three Northwest Thomas KA U.S. 83, bridge #040 located 0.44 mile south of the U.S. 83/U.S. 24 junction, bridge replacement. (Federal Funds) Thomas KA U.S. 24, from K-25 west 2,850 feet along U.S. 24, milling and overlay, 0.5 mile. (State Funds) District Four Southeast Montgomery KA Intersection of U.S. 166/169 and 8th Street, intersection improvement. (State Funds) District Five South Central Butler KA K-196, bridges #057 (Dry Creek), #059 (Whitewater River) and #060 (Diamond Creek), located 5.60, 6.46 and 6.72 miles, respectively, southeast of the Butler/Harvey county line, bridge replacement. (Federal Funds) Sedgwick KA I-135, bridges #025 and #027 located 1.01 and 1.19 miles north of I-135/21st Street, bridge repair. (State Funds) District Six Southwest Haskell KA U.S. 83, from 1.75 miles south of U.S. 83/U.S. 160/K-144 junction, north to 4.5 miles north of U.S. 83/U.S. 160/K-144 junction, grading and surfacing, 6.2 miles. (Federal Funds) Morton 65 C Various major collectors, signing (Federal Funds) Seward KA U.S. 54, from 0.5 mile southwest of U.S. 54/County Road O intersection northeast to 0.11 mile southwest of U.S. 54/R Park Road intersection, grading and surfacing, 3.6 miles. (Federal Funds) Mike King Secretary of Transportation Doc. No Board of Emergency Medical Services Notice of Hearing on Proposed Administrative Regulations (Revised) (Editor s Note: The following notice of hearing on proposed administrative regulations, which was originally published in the December 10, 2015, is being republished to correct clerical errors in the economic impact summary for K.A.R and ) A public hearing will be conducted at 10 a.m. Monday, February 8, in Room 560 of the Landon State Office Building, 900 S.W. Jackson, Topeka, to consider the adoption of proposed changes to existing administrative regulations. This notice of public hearing replaces the notice published in the December 10, The only change to this notice is to correct clerical errors in the summaries of economic impact for K.A.R and Those changes are shown in striketype and underlining in this hearing notice. This 60-day notice of the public hearing shall constitute a public comment period for the purpose of receiving written public comments on the proposed regulations. All interested parties may submit written comments prior to the hearing to the executive director of the Board of Emergency Medical Services, Room 1031, Landon State Office Building, 900 S.W. Jackson, Topeka, 66612, or by to Curt.Shreckengaust@ems.ks.gov. All interested parties will be given a reasonable opportunity to present Kansas Secretary of State 2015 Vol. 34, No. 53, December 31, 2015

5 Hearing 1353 their views orally on the adoption of the proposed regulations during the hearing. In order to give all parties an opportunity to present their views, it may be necessary to request that each participant limit any oral presentations to five minutes. Any individual with a disability may request accommodation in order to participate in the public hearing and may request the proposed regulations and economic impact statements in an accessible format. Requests for accommodation should be made at least five working days in advance of the hearing by contacting Ann Stevenson at Handicapped parking is located in front of and to the north of the Landon State Office Building. These regulations are proposed for adoption on a permanent basis. A summary of the proposed regulations and economic impact follows: K.A.R , Definitions. This regulation provides definitions for terms utilized in the EMS rules and regulations. Revisions reflect the change in terminology for ambulance types and to remove definitions no longer necessary. with this regulatory revision. There will be no anticipated economic impact on other governmental agencies, private business or individuals with this regulatory revision. K.A.R , Ambulance service operator. This regulation details out requirements for ambulance service operators. Revisions reflect the elimination of the requirement for the operator to maintain a current paper copy of each attendant certification card. There is no anticipated economic impact to the Kansas Board of Emergency Medical Services associated with this regulatory revision. There will be no anticipated economic impact on other governmental agencies, private business or individuals with this regulatory revision. K.A.R , Application for ambulance service permit and ambulance license; permit renewal and license renewal. This regulation pertains to the requirements for initial application for a service permit and ambulance license as well as renewal. Revisions reflect the change in terminology for ambulance types and allow for the issuance of a temporary ambulance license. with this regulatory revision. There may be minimal economic impact to the Kansas Board of Emergency Medical Services, other governmental agencies, private business or individuals associated with this regulatory revision with a possible adjustment in fees received. It is anticipated that this will occur on average less than five times per year. K.A.R , Types of ambulance services and staffing. This regulation details the types of ambulance services and their requirements. Revisions reflect the change in terminology for ambulance types and details out staffing requirements for each type. with this regulatory revision. There will be no anticipated economic impact on other governmental agencies, private business or individuals with this regulatory revision. K.A.R , Ground and air ambulance staffing. This regulation specifically addressed staffing for ground and air ambulances. This regulation is being revoked due to staffing requirements being addressed in other regulations. with this regulatory revocation. There will be no anticipated economic impact on other governmental agencies, private business or individuals with this regulatory revocation. K.A.R , Standards for ground ambulances and equipment. This regulation specifies the standards for all ground ambulances. Revisions reflect the change in terminology for ambulance types. with this regulatory revision. There may be a reduced financial impact on other governmental agencies, private business or individuals with this regulatory revision by allowing them to determine a reduction of equipment to be carried on the ambulances. K.A.R , Standards for air ambulances and equipment. This regulation specifies the standards for all air ambulances. Revisions reflect the change in terminology for ambulance types. with this regulatory revision. There will be no anticipated economic impact on other governmental agencies, private business or individuals with this regulatory revision. K.A.R , Schedule of fees. This regulation details out the fees for licenses, certification, and permits issued by the board. Revisions reflect the change in terminology for ambulance types and create a fee for the issuance of a temporary ambulance license. with this regulatory revision. There may be minimal economic impact on the Kansas Board of Emergency Medical Services, other governmental agencies, private business or individuals with this regulatory revision. There is an added fee to the schedule, which allows for a temporary license for an ambulance. Past practice was to prorate ambulance license fees. In some instances, there may be a reduced fee and in few cases, there is a potential for increased fee. It is anticipated that this may occur less than five times per year. Copies of the complete regulations and the complete economic impact statements may be obtained from the Board of Emergency Medical Services at the contact information above or can be accessed at Joseph House Executive Director Doc. No Vol. 34, No. 53, December 31, 2015 Kansas Secretary of State 2015

6 1354 Request for Comments/Hearing Department of Health and Environment Request for Comments The Kansas Department of Health and Environment is soliciting comments regarding a proposed air quality operating permit. ONEOK Hydrocarbon, L.P. has applied for a Class I operating permit renewal in accordance with the provisions of K.A.R et al. The purpose of a Class I permit is to identify the sources and types of regulated air pollutants emitted from the facility; the emission limitations, standards and requirements applicable to each source; and the monitoring, record keeping and reporting requirements applicable to each source as of the effective date of permit issuance. ONEOK Hydrocarbon, L.P., 777 Ave. Y, Bushton, KS 67427, owns and operates a natural gas liquids processing plant located at Section 31, T17S, R9W, Ellsworth County, Kansas. A copy of the proposed permit, permit application, all supporting documentation and all information relied upon during the permit application review process is available for public review during normal business hours, 8 a.m. to 5 p.m., at the KDHE, Bureau of Air, 1000 S.W. Jackson, Suite 310, Topeka, and at the KDHE North Central District Office, 2501 Market Place, Suite D, Salina. To obtain or review the proposed permit and supporting documentation contact Cathy Richardson, , at the KDHE central office, or Stan Marshall, , at the KDHE North Central District Office. The standard departmental cost will be assessed for any copies requested. Written comments or questions regarding the proposed permit may be directed to Cathy Richardson, KDHE, Bureau of Air, 1000 S.W. Jackson, Suite 310, Topeka, In order to be considered in formulating a final permit decision, written comments must be received no later than noon February 1, A person may request a public hearing be held on the proposed permit. The request for a public hearing shall be in writing and set forth the basis for the request. The written request must be submitted to Cathy Richardson, KDHE, Bureau or Air, no later than noon February 1, 2016, in order for the secretary of health and environment to consider the request. The U.S. Environmental Protection Agency has a 45- day review period, which will start concurrently with the public comment period, within which to object to the proposed permit. If the EPA has not objected in writing to the issuance of the permit within the 45-day review period, any person may petition the administrator of the EPA to review the permit. The 60-day public petition period will directly follow the EPA s 45-day review period. Interested parties may contact KDHE to determine if the EPA s 45-day review period has been waived. Any such petition shall be based only on objections to the permit that were raised with reasonable specificity during the public comment period provided for in this notice, unless the petitioner demonstrates that it was impracticable to raise such objections within such period, or unless the grounds for such objection arose after such period. Contact Ward Burns, U.S. EPA, Region 7, Air Permitting and Compliance Branch, Renner Blvd., Lenexa, KS 66219, , to determine when the 45-day EPA review period ends and the 60-day petition period commences. Susan Mosier, M.D. Secretary of Health and Environment Doc. No Kansas Development Finance Authority Notice of Hearing A public hearing will be conducted at 9 a.m. Thursday, January 14, in the offices of the Kansas Development Finance Authority, 534 S. Kansas Ave., Suite 800, Topeka, on the proposal for the KDFA to issue its Agricultural Development Revenue Bond for the project numbered below in the respective maximum principal amount. The bond will be issued to assist the borrower named below (who will be the owner and operator of the project) to finance the cost in the amount of the bond, which is then typically purchased by a lender bank who then, the KDFA, loans the bond proceeds to the borrower for the purposes of acquiring the project. The project shall be located as shown: Project No Maximum Principal Amount: $441,000. Owner/Operator: Lindsey A. and Julius I. Hornung. Description: Acquisition of acres of agricultural land and related improvements and equipment to be used by the owner/operator for farming purposes. The project is being financed by the lender for Lindsey A. and Julius I. Hornung and is located at Section 24, Oketo Township in Marshall County, Kansas, approximately mile south of Oketo on Kansas Highway 233 and.5 mile east on Cherokee Road. The bond, when issued, will be a limited obligation of the KDFA and will not constitute a general obligation or indebtedness of the state of Kansas or any political subdivision thereof, including the KDFA, nor will it be an indebtedness for which the faith and credit and taxing powers of the state of Kansas are pledged. The bond will be payable solely from amounts received from the respective borrower, the obligation of which will be sufficient to pay the principal of, interest and redemption premium, if any, on the bond when it becomes due. All individuals who appear at the hearing will be given an opportunity to express their views concerning the proposal to issue the bond to finance the project, and all written comments previously filed with the KDFA at its offices at 534 S. Kansas Ave., Suite 800, Topeka, 66603, will be considered. Additional information regarding the project may be obtained by contacting the KDFA. Tim Shallenburger President Doc. No Kansas Secretary of State 2015 Vol. 34, No. 53, December 31, 2015

7 Bond Sale/Notice 1355 (Published in the December 31, 2015.) Summary Notice of Bond Sale City of Hesston, Kansas $1,781,000* General Obligation Bonds Series 2016 Details of the Sale Subject to the terms and requirements of the Official Notice of Bond Sale dated December 14, 2015, of the city of Hesston, Kansas, bids to purchase the city s General Obligation Bonds, Series 2016, will be received at the office of the city clerk at City Hall, 115 E. Smith, Hesston, KS 67062, or by telefacsimile at , until 10 a.m. central time Monday, January 11, The bids will be considered by the governing body at its meeting at 6 p.m. on the sale date. No oral or auction bids for the bonds shall be considered, and no bids for less than 100 percent of the total principal amount of the bonds and accrued interest to the date of delivery shall be considered. Good Faith Deposit Each bidder must submit a good faith deposit in the form of a wire transfer or certified or cashier s check made payable to the order of the city, or a financial surety bond (if then available), in an amount equal to 2 percent of the principal amount of the bonds. Details of the Bonds The bonds will be dated January 26, 2016, and will be issued as registered bonds in the denomination of $5,000, or any integral multiple thereof, except for one bond in the denomination of $6,000 maturing October 1, Interest on the bonds is payable semiannually on April 1 and October 1 of each year, beginning April 1, Principal of the bonds becomes due on October 1 in the years and amounts as shown below: Maturity Schedule Principal Amount* Maturity Date Principal Amount* Maturity Date $46, $100, , , , , , , , , , , , , , , , , , , Payment of Principal and Interest The Kansas State Treasurer will serve as the bond registrar and paying agent for the bonds. Book-Entry Option The successful bidder may elect to have the bonds registered under a book-entry-only system administered the Depository Trust Company, New York, New York (DTC), at bidder s expense. Delivery of the Bonds The city will prepare the bonds at its expense and will deliver the registered bonds to the successful bidder, on or about January 26, 2016, at such bank or trust company or other qualified depository in the contiguous United States, specified by the successful bidder. Delivery elsewhere shall be made at the expense of the successful bidder. Any bond printing costs will be paid by the city from the proceeds of the bonds or other city funds. Legal Opinion The bonds will be sold subject to the legal opinion of Triplett, Woolf & Garretson, LLC, Wichita, Kansas, bond counsel, whose fees will be paid by the city. Financial Matters The city s current assessed valuation for purposes of calculating statutory debt limitations is $33,505,037. As of January 26, 2016, the city s total outstanding general obligation debt (including the bonds), is $6,976,000, which excludes temporary notes outstanding in the amount of $1,353,000, which will be retired out of the proceeds of the bonds herein offered for sale. The city s total indebtedness which is subject to debt limitation, as of January 26, 2016, is estimated to be $3,112,745.36, which is 9.29 percent of the assessed valuation of the city. Additional Information For additional information contact the city clerk at the address and telephone number shown below, or the financial advisor, John Haas, Ranson Financial Consultants, LLC, 200 W. Douglas, Suite 600, Wichita, KS 67202, City of Hesston, Kansas By Jason Thrasher, City Clerk City Hall, 115 E. Smith Hesston, KS Fax: *Preliminary; subject to change. Doc. No Pooled Money Investment Board Notice of Investment Rates The following rates are published in accordance with K.S.A These rates and their uses are defined in K.S.A (b)(c)(d) and K.S.A a(g). Effective Term Rate 1-89 days 0.36% 3 months 0.26% 6 months 0.47% 12 months 0.69% 18 months 0.93% 2 years 1.05% Scott Miller Director of Investments Doc. No Vol. 34, No. 53, December 31, 2015 Kansas Secretary of State 2015

8 1356 Notices/Regulations Department of Commerce Request for Comments The Kansas Department of Commerce and its partners Kansas Rehabilitation Services and Adult Education and Literacy Programs request public comment on its Workforce Innovation Opportunity Act Combined State Plan draft. The plan can be accessed at Public comments may be submitted at January 15, Natalie Meugniot Workforce Services Program Manager Doc. No (Published in the December 31, 2015.) City of Osage City, Kansas Notice of Intent to Seek Private Placement General Obligation Bonds, Series 2016 Notice is hereby given that the city of Osage City, Kansas (the issuer), proposes to seek a private placement of the above-referenced bonds. The maximum aggregate principal amount of the bonds shall not exceed $1,875,000. The proposed sale of the bonds is in all respects subject to approval of a bond purchase agreement between the issuer and the purchaser of the bonds and the passage of an ordinance and adoption of a resolution by the governing body of the issuer authorizing the issuance of the bonds and the execution of various documents necessary to deliver the bonds. Dated December 22, Doc. No (Published in the December 31, 2015.) Bourbon County, Kansas Notice of Intent to Seek Private Placement General Obligation Bonds, Series 2016 Teresa Fultz City Clerk Notice is hereby given that Bourbon County, Kansas (the issuer), proposes to seek a private placement of the above-referenced bonds. The maximum aggregate principal amount of the bonds shall not exceed $300,000. The proposed sale of the bonds is in all respects subject to approval of a bond purchase agreement between the issuer and the purchaser of the bonds and the adoption of a resolution by the governing body of the issuer authorizing the issuance of the bonds and the execution of various documents necessary to deliver the bonds. Dated December 18, Doc. No Kendell Mason City Clerk Department of Revenue Permanent Administrative Regulations Article 56. IGNITION INTERLOCK DEVICES Installation, inspection, and calibration standards. (a) Each ignition interlock device installed at the direction of the division shall be done at the driver s own expense, except as allowed by K.A.R (b) A manufacturer shall ensure that each service provider meets the following requirements: (1) Install each device in accordance with the manufacturer s instructions. Each service provider shall, within two weeks of installation, inform the division each time a device has been installed; (2) install each device so that the device will be deactivated if the driver has a BrAC of.03 or higher until a successful retest occurs; (3) set each device so that if the driver fails the initial ignition interlock device test, a retest cannot be done for 15 minutes; (4) set each device so that a rolling retest will be required of the driver of the vehicle within 10 minutes of starting the vehicle. Subsequent rolling retests shall occur as described in K.A.R The driver shall have five minutes to complete the retest. The free restart shall not be operative when the device is waiting for a rolling retest sample; (5) calibrate each device at least every 30 days at the driver s own expense and maintain an inspection and calibration record with the following information: (A) The name of the person performing the calibration; (B) the date of the inspection and calibration; (C) the method by which the calibration was performed; (D) the name and model number of the device calibrated; (E) a description of the vehicle in which the device is installed, including the license plate number, make, model, year, and color; and (F) a statement by the service provider indicating whether there is any evidence of circumvention or tampering; and (6) set each device so that a lockout will occur no later than seven days after any of the following events occurs: (A) The 30-day calibration and service requirement has been reached; (B) five or more violations are recorded; (C) the emergency bypass procedure has been used; (D) a hardware failure or evidence of tampering is recorded; or (E) the events log has exceeded 90 percent of capacity. (c) Each driver restricted to driving a vehicle equipped with an ignition interlock device shall keep a copy of the inspection and calibration records in the vehicle at all times. The manufacturer shall retain the original record for each current driver for one year after the device is removed. The manufacturer shall notify the division within seven days after a device has been serviced due to a lockout that occurred for any of the reasons specified in paragraph (b)(6)(d). Kansas Secretary of State 2015 Vol. 34, No. 53, December 31, 2015

9 Regulations/Index 1357 (d) The service provider shall enable each device s anticircumvention features when installing a device and keep the features enabled during the ignition interlock device period. Within two business days, a service provider shall notify the division of any evidence of tampering or circumvention. The evidence shall be preserved by the manufacturer or the manufacturer s representative until otherwise notified by the division. (e) The division may conduct or have conducted independent checks on any of the approved ignition interlock devices to determine whether the devices are operating in a manner consistent with the manufacturer s specifications, manufacturer s certifications, or these regulations. The director may require the manufacturer or the manufacturer s representative to correct any abnormality found in the installation, calibration, maintenance checks, or usage records of the device. The manufacturer and the manufacturer s representative shall report in writing to the division within 30 days after receiving notification of any abnormality. In conducting these checks, the manufacturer shall install the device in a vehicle chosen by the division, and the manufacturer shall waive any costs to the division for the installation, calibration, or testing of the device. (f) Each manufacturer shall ensure that its service providers meet all of the following requirements: (1) Follow certified manufacturer s standards and specifications for service associated with the manufacturer s state-approved ignition interlock device; (2) have the skills, equipment, and facilities necessary to comply with all of the certification and operational requirements specified in this article; (3) comply with any division reporting requirements; and (4) have a fixed site to provide each driver with access to an enclosed building that is open for business and has a separate waiting area. (g) Each manufacturer shall provide the division with written evidence of that manufacturer s statewide network of service providers within seven days of a request by the division. Written evidence shall include lease and ownership documents associated with each manufacturer s service providers in the required state judicial districts. (h) A manufacturer, manufacturer s representative, or service provider shall not compel any driver to travel out of Kansas to receive services. (i) A manufacturer shall not permit its service provider to install any device in that service provider s vehicle for the purpose of satisfying K.S.A , and amendments thereto. (Authorized by and implementing K.S.A ; effective Oct. 23, 1989; amended July 5, 2002; amended May 2, 2014; amended Jan. 15, 2016.) Nick Jordan Secretary of Revenue Doc. No INDEX TO ADMINISTRATIVE REGULATIONS This index lists in numerical order the new, amended and revoked administrative regulations and the volume and page number of the issue in which more information can be found. Temporary regulations are designated with a (T) in the Action column. This cumulative index supplements the 2009 Volumes of the Kansas Administrative Regulations and the 2015 Supplement of the Kansas Administrative Regulations. AGENCY 1: DEPARTMENT OF ADMINISTRATION Amended V. 34, p AGENCY 5: DEPARTMENT OF AGRICULTURE DIVISION OF WATER RESOURCES Amended V. 34, p. 513 AGENCY 7: SECRETARY OF STATE Amended V. 34, p New V. 34, p AGENCY 14: DEPARTMENT OF REVENUE DIVISION OF ALCOHOLIC BEVERAGE CONTROL New (T) V. 34, p New V. 34, p New (T) V. 34, p New V. 34, p New (T) V. 34, p New V. 34, p AGENCY 16: ATTORNEY GENERAL New (T) V. 34, p. 962, New V. 34, p. 1228, 1229 AGENCY 28: DEPARTMENT OF HEALTH AND ENVIRONMENT New V. 34, p b Amended V. 34, p c Amended V. 34, p d Amended V. 34, p e Amended V. 34, p f Amended V. 34, p Amended V. 34, p New V. 34, p AGENCY 40: KANSAS INSURANCE DEPARTMENT Amended V. 34, p Amended V. 34, p Amended V. 34, p Amended V. 34, p a Amended V. 34, p e Amended V. 34, p Amended V. 34, p New V. 34, p. 103 AGENCY 60: BOARD OF NURSING Amended V. 34, p. 260 AGENCY 61: BOARD OF BARBERING Amended V. 34, p Amended V. 34, p. 190 AGENCY 65: BOARD OF EXAMINERS IN OPTOMETRY Amended V. 34, p Revoked V. 34, p Revoked V. 34, p New V. 34, p. 481 AGENCY 66: BOARD OF TECHNICAL PROFFESSIONS Amended V. 34, p Amended V. 34, p Amended V. 34, p Amended V. 34, p Amended V. 34, p Amended V. 34, p Amended V. 34, p. 619 AGENCY 68: BOARD OF PHARMACY Amended V. 34, p Revoked V. 34, p a Amended V. 34, p New (T) V. 34, p. 103 (continued) Vol. 34, No. 53, December 31, 2015 Kansas Secretary of State 2015

10 1358 Index to Regulations New V. 34, p. 480 AGENCY 69: BOARD OF COSMETOLOGY Amended V. 34, p Amended V. 34, p Amended V. 34, p Amended V. 34, p. 998 AGENCY 81: OFFFICE OF THE SECURITIES COMMISSIONER Amended V. 34, p Amended V. 34, p Amended V. 34, p Amended V. 34, p Amended V. 34, p Amended V. 34, p Amended V. 34, p Amended V. 34, p Amended V. 34, p Amended V. 34, p Amended V. 34, p Amended V. 34, p Amended V. 34, p Amended V. 34, p Amended V. 34, p Amended V. 34, p Amended V. 34, p Amended V. 34, p Amended V. 34, p Revoked V. 34, p Revoked V. 34, p Revoked V. 34, p Revoked V. 34, p Revoked V. 34, p Revoked V. 34, p Revoked V. 34, p Revoked V. 34, p Revoked V. 34, p Revoked V. 34, p Revoked V. 34, p Revoked V. 34, p Revoked V. 34, p AGENCY 82: STATE CORPORATION COMMISSION Revoked V. 34, p Revoked V. 34, p Revoked V. 34, p Amended V. 34, p Amended V. 34, p Amended V. 34, p Amended V. 34, p Amended V. 34, p Amended V. 34, p Amended V. 34, p Amended V. 34, p Amended V. 34, p Revoked V. 34, p a Amended (T) V. 34, p a Amended V. 34, p f Amended V. 34, p g Amended V. 34, p. 518 AGENCY 85: ABSTRACTERS BOARD OF EXAMINERS Amended V. 34, p Amended V. 34, p. 177 AGENCY 86: REAL ESTATE COMMISSION Amended V. 34, p AGENCY 88: BOARD OF REGENTS a Amended (T) V. 34, p a Amended V. 34, p Revoked (T) V. 34, p Revoked V. 34, p Amended V. 34, p Amended V. 34, p Amended (T) V. 34, p Amended V. 34, p Revoked V. 34, p Amended V. 34, p Amended V. 34, p Amended V. 34, p Amended V. 34, p Amended V. 34, p a Amended V. 34, p Amended V. 34, p a-1 Amended V. 34, p a-5 Amended V. 34, p a-6 Amended V. 34, p a-7 Amended V. 34, p a-7a Amended V. 34, p b-1 Amended V. 34, p b-4 Amended V. 34, p b-5 Amended V. 34, p b-6 Amended V. 34, p b-7 Amended V. 34, p b-7a Amended V. 34, p. 324 AGENCY 92: DEPARTMENT OF REVENUE Amended V. 34, p Amended V. 34, p AGENCY 93: DEPARTMENT OF REVENUE DIVISION OF PROPERTY VALUATION New V. 34, p. 260 AGENCY 100: BOARD OF HEALING ARTS a-1a New (T) V. 34, p a-6 Amended (T) V. 34, p a-9 Amended (T) V. 34, p a-9a New (T) V. 34, p a-10 Amended (T) V. 34, p a-11 Amended (T) V. 34, p a-12 Amended (T) V. 34, p a-13 Amended (T) V. 34, p a-14 Amended (T) V. 34, p a-15 Amended (T) V. 34, p a-17 Amended (T) V. 34, p AGENCY 105: BOARD OF INDIGENTS DEFENSE SERVICES Amended V. 34, p Amended V. 34, p Amended V. 34, p Amended V. 34, p Amended V. 34, p Amended V. 34, p AGENCY 109: BOARD OF EMERGENCY MEDICAL SERVICES Amended V. 34, p Amended V. 34, p a d Amended V. 34, p. 1299, Revoked V. 34, p Amended V. 34, p Revoked V. 34, p c Amended V. 34, p e Amended V. 34, p Revoked V. 34, p Amended V. 34, p a Amended V. 34, p a Amended V. 34, p a Amended V. 34, p Revoked V. 34, p. 347 AGENCY 111: KANSAS LOTTERY A complete index listing all regulations filed by the Kansas Lottery from can be found in the Vol. 19, No. 52, December 28, A list of regulations filed from can be found in the Vol. 22, No. 52, December 25, A list of regulations filed from can be found in the Vol. 24, No. 52, December 29, A list of regulations filed from can be found in the Vol. 26, No. 52, December 27, 2007 Kansas Register. A list of regulations filed from 2008 November 2009 can be found in the Vol. 28, No. 53, December 31, 2009 Kansas Register. A list of regulations filed from December 1, 2009 December 21, 2011, can be found in the Vol. 30, No. 52, December 29, A list of regulations filed from December 22, 2011 November 6, 2013, can be found in the Vol. 32, No. 52, December 26, The following regulations were filed after December 15, 2013: Amended V. 34, p New V. 33, p New V. 33, p New V. 33, p New V. 33, p New V. 34, p New V. 34, p New V. 34, p New V. 33, p New V. 33, p New V. 33, p New V. 33, p New V. 33, p New V. 33, p New V. 33, p. 710 Kansas Secretary of State 2015 Vol. 34, No. 53, December 31, 2015

11 Index to Regulations New V. 33, p New V. 33, p New V. 33, p New V. 33, p New V. 33, p New V. 33, p New V. 33, p New V. 33, p New V. 33, p New V. 33, p New V. 34, p New V. 34, p New V. 34, p New V. 34, p New V. 34, p New V. 34, p Amended V. 34, p New V. 34, p New V. 34, p New V. 34, p New V. 34, p Amended V. 34, p New V. 34, p New V. 34, p New V. 34, p New V. 34, p New V. 34, p New V. 34, p New V. 34, p New V. 34, p New V. 34, p New V. 34, p New V. 34, p Amended V. 34, p Amended V. 34, p Amended V. 34, p Amended V. 34, p a New V. 33, p New V. 33, p. 689, New V. 33, p Amended V. 34, p New V. 33, p New V. 33, p New V. 33, p Amended V. 34, p New V. 33, p New V. 33, p New V. 33, p New V. 33, p New V. 33, p New V. 33, p New V. 34, p New V. 34, p New V. 34, p New V. 34, p Amended V. 34, p Amended V. 34, p Amended V. 34, p Amended V. 34, p Amended V. 34, p Amended V. 33, p Amended V. 34, p Amended V. 33, p Amended V. 33, p New V. 33, p New V. 33, p New V. 33, p Amended V. 33, p New V. 33, p New V. 34, p New V. 34, p New V. 34, p New V. 34, p New V. 34, p New V. 34, p Amended V. 34, p Amended V. 34, p Amended V. 33, p Amended V. 34, p Amended V. 34, p Amended V. 34, p Amended V. 34, p Amended V. 34, p Amended V. 34, p Amended V. 34, p Amended V. 34, p Amended V. 34, p. 552, New V. 33, p Amended V. 33, p Amended V. 33, p Amended V. 33, p Amended V. 34, p Amended V. 34, p New V. 34, p. 97, Amended V. 34, p Amended V. 33, p. 67 AGENCY 115: DEPARTMENT OF WILDLIFE, PARKS AND TOURISM Amended V. 34, p Amended V. 34, p Amended V. 34, p Amended V. 34, p Amended V. 34, p Amended V. 34, p Amended V. 34, p Amended V. 34, p Amended V. 34, p. 104 AGENCY 117: REAL ESTATE APPRAISAL BOARD Amended V. 34, p. 420 AGENCY 123: DEPARTMENT OF CORRECTIONS DIVISION OF JUVENILE SERVICES Amended V. 34, p a New V. 34, p New V. 24, p AGENCY 127: KANSAS HOUSING RESOURCES CORPORATION Amended V. 34, p. 347 AGENCY 129: DEPARTMENT OF HEALTH AND ENVIRONMENT DIVISION OF HEALTH CARE FINANCE Amended (T) V. 34, p Amended V. 34, p New V. 34, p. 943, 944 AGENCY 132: KANSAS 911 COORDINATING COUNCIL New V. 34, p. 103 Vol. 34, No. 53, December 31, 2015 Kansas Secretary of State 2015

12 Secretary of State 1st Floor, Memorial Hall 120 S.W. 10th Ave. Topeka, KS