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Home > Bills > Full Text of Bills Session of 1999 An Act enacting the Kansas higher education coordination act; abolishing and reestablish- ing the state board of regents; prescribing powers, duties and functions; relating to finance of postsecondary educational institutions; amending K.S.A. 12-16,102, 13-13a25, as amended by section 7 of 1999 House Bill No. 2565, 13-13a26, 13-13a27, 13-13a29, 13-13a31, 13-13a32, 13-13a33, 13-13a34, 71-202, 71-204, 71-211, 71-304, 71-305, 71- 306, 71-402, 71-403, 71-601, as amended by section 1 of 1999 House Bill No. 2060, 71- 604, 71-605, 71-609a, 71-610, 71-613, 71-615, 71-701, 71-801, 71-802, 71-901, 71-902, 71-1104, 71-1105, 71-1106, 71-1201, 71-1309, 71-1406, 71-1507, 71-1508, 71-1702, 71- 1705, 72-4408, as amended by section 1 of 1999 House Bill No. 2062, 72-4416, 72-4417, 72-4418, 72-4421, 72-4424, 72-4427, 72-4429, 72-4444, 72-4453, 72-4454, 72-4460, 72- 4466, 72-4517, 72-4518, 72-4521, 72-4525, 72-4530, 72-5015, 72-5017, 72-5018, 72- 5019, 72-5020, 72-6501, 72-6503, 72-6504, 72-6505, 72-6506, 72-6508, 72-6509, 72- 7518a, 72-9002, 72-9006, 79-5021, 79-5022, 79-5024, 79-5025, 79-5026, 79-5028 and 79-5032 and K.S.A. 1998 Supp. 19-101a, 71-201, 71-301, 71-401, 71-406, 71-407, 71- 602, 71-607, 71-609, 71-611, 71-613a, 71-619, 72-4412, as amended by section 2 of 1999 House Bill No. 2062, 72-4468, 72-4469, 72-4470 and 72-4919 and repealing the existing sections; also repealing K.S.A. 13-13a28, 13-13a30, 72-6502, 74-3202, 74-3203, 74-3204 and 74-3205 and K.S.A. 1998 Supp. 19-101i and 74-3201. Be it enacted by the Legislature of the State of Kansas: New Section 1. (a) This act shall be known and may be cited as the Kansas higher education coordination act. (b) The purpose of this act is to provide for the general improvement of postsecondary education in the state of Kansas and to provide lead- ership, supervision and coordination for postsecondary educational insti- tutions so that enhanced accessibility, quality, excellence, accountability, research and service may be achieved in the postsecondary educational system for Kansas residents through the efficient and effective utilization and concentration of all available resources and the elimination of costly and undesirable duplication in program and course offerings, faculties and physical facilities at postsecondary educational institutions. New Sec. 2. As used in the Kansas higher education coordination act: (a) ``State board of regents'' or ``state board'' means the state board of regents provided for in the constitution of this state and established by section 3, and amendments thereto, except as otherwise specifically pro- vided in this act. (b) ``State educational institution'' means any state educational insti- tution, as defined in K.S.A. 76-711, and amendments thereto. (c) ``Municipal university'' means Washburn university of Topeka. (d) ``Community college'' means any community college established under the laws of this state. (e) ``Technical college'' means any technical college established under K.S.A. 72-4468, and amendments thereto. (f) ``Vocational education school'' means any area vocational school or area vocational-technical school established under the laws of this state. (g) ``Public university'' means any state educational institution. (h) ``Postsecondary educational institution'' means any public univer- sity, community college, technical college and vocational education school, and includes any entity resulting from the consolidation or affili- ation of any two or more of such postsecondary educational institutions. (i) ``Proprietary school'' means any proprietary school as defined in K.S.A. 72-4919, and amendments thereto. The term proprietary school does not include within its meaning any school or educational institution specifically exempted from the definition of proprietary school by the provisions of K.S.A. 72-4920, and amendments thereto. (j) ``Adult basic education program'' and ``adult supplementary edu- cation program'' have the meanings respectively ascribed thereto in K.S.A. 72-4517, and amendments thereto. (k) ``Representative of a postsecondary educational institution'' means any person who is the holder of an associate degree, a bachelor's degree, or a certificate of completion awarded by a postsecondary edu- cational institution. New Sec. 3. (a) There is established the state board of regents. The state board of regents shall be composed of nine members appointed by the governor, subject to confirmation by the senate as provided in K.S.A. 75-4315b, and amendments thereto. Except as provided by K.S.A. 1998 Supp. 46-2601, and amendments thereto, no person appointed to the state board of regents shall exercise any power, duty or function as a member of the state board until confirmed by the senate. Each member shall hold office for a term of four years, except as provided in subsection (b) for the first members appointed to the state board, and until a suc- cessor is appointed and confirmed. Terms of members shall expire on June 30. No person shall serve more than two terms of office as a member of the state board, except that this limitation shall not include the first term of office of any person appointed and qualified in accordance with subsection (b)(4). (b) (1) One member of the state board of regents shall be a resident of each congressional district with the remaining members appointed from among all residents of Kansas, except that no two members shall reside in the same county at the time of appointment. Subsequent redis- tricting of congressional districts shall not disqualify any member of the state board from service for the remainder of the member's term of office. (2) At no time shall more than five members of the state board of regents be members of the same political party. (3) At no time shall any person who is an elected official or an officer or employee of any postsecondary educational institution be a member of the state board of regents. (4) The first members of the state board of regents established under this section shall be appointed by the governor on or before July 1, 1999. Of such members, three shall have a term of office of four years, three shall have a term of office of three years, and three shall have a term of office of two years. (c) The members of the state board of regents shall meet and organ- ize annually by electing one member as chairperson, except that the gov- ernor shall designate the first chairperson of the state board from among the first members appointed. (d) Members of the state board of regents attending meetings of the state board, or attending a subcommittee meeting thereof authorized by the state board, shall be paid compensation, subsistence allowances, mile- age and other expenses as provided in K.S.A. 75-3212, and amendments thereto, for members of the legislature. New Sec. 4. The state board of regents shall meet at least quarterly each year in Topeka on dates fixed by the state board. Special meetings may be held upon the call of the chairperson or upon the petition to the chief executive officer of the state board by five members of the board, the date and place of all special meetings to be designated in the call. Five members of the state board shall constitute a quorum for the trans- action of business but less than five members may adjourn any regular or special meeting to a definite time and place. New Sec. 5. The state treasurer shall be the treasurer of the state board of regents. New Sec. 6. (a) In the exercise of its leadership role, the state board of regents shall be an advocate for the provision of adequate resources and sufficient authority for all postsecondary educational institutions so that each postsecondary educational institution can realize, within its pre- scribed mission, role and scope, its full potential to the benefit of the students who attend such postsecondary educational institution and to the benefit of all Kansas residents in terms of receiving the benefits of a highly educated and vocationally trained populace. (b) In addition to other duties and functions prescribed by law, the state board of regents shall: (1) Adopt, from time to time amend, revise or modify, and administer a comprehensive plan for coordination of higher education within this state; (2) determine institutional roles and review institutional missions and goals; (3) develop articulation procedures so that maximum freedom of transfer among and between postsecondary educational institutions is en- sured; (4) approve or disapprove for state funding purposes existing and pro- posed educational programs, courses of instruction and program and course locations; (5) review budget requests and requests for state funding of postse- condary educational institutions and present a unified budget for higher education to the governor and the legislature each year; (6) approve core indicators of quality performance for postsecondary educational institutions; (7) resolve conflicts among and between postsecondary educational institutions; (8) develop and implement a comprehensive plan for the utilization of distance learning technologies; (9) develop each year and recommend to the governor and the leg- islature a policy agenda for higher education, which policy agenda shall assess priorities among proposals for policy change, programatic recom- mendations, and state funding requests; (10) conduct continuous studies of ways to maximize the utilization of resources available for higher education in Kansas and initiate action for improvement; (11) conduct continuous studies of how state policies affect higher education and how Kansas economic and demographic trends impact upon accessibility and affordability of postsecondary education to Kansas residents, and initiate ways to improve such accessibility and affordability; (12) receive and consider reports, proposals and recommendations of the commissions and take such actions thereon as are deemed necessary and appropriate; (13) report annually on the performance of its functions and duties to the governor and the legislature; and (14) exercise such other powers and perform such other functions and duties as are deemed necessary and appropriate to the fulfillment of its constitutional and statutory responsibilities. New Sec. 7. The state board of regents shall appoint a chief executive officer. The chief executive officer of the state board shall be in the un- classified service under the Kansas civil service act, shall serve at the pleasure of the state board and shall receive a salary fixed by the state board, subject to approval by the governor. The chief executive officer shall attend all meetings of the state board, keep a full and correct record of its proceedings as approved by the state board and shall perform such other duties and functions as the state board may prescribe. New Sec. 8. For the purpose of expediting the exercise of powers and the performance of functions and duties of the state board of regents, there is derived from the state board a commission for community col- leges and vocational/technical education, a commission for public univer- sities, and a commission for higher education coordination. Each com- mission shall be composed of three members who are members of the state board. At the time a member is appointed to the state board, the governor shall designate the commission on which the member shall serve so that each member of the state board is designated for service on one of the commissions. At no time after July 1, 2002, shall there be more than one representative of any one postsecondary educational institution designated for service on a commission. The members of each commis- sion shall organize annually by electing one member of their respective commissions as chairperson. The chairperson of the state board may not serve as the chairperson of a commission. New Sec. 9. (a) The commission for community colleges and voca- tional/technical education shall meet at Topeka at least quarterly in each year on dates fixed by the commission. Special meetings may be held upon the call of the chairperson of the commission or upon petition to the chairperson by the other two members of the commission. The date and place of all special meetings shall be designated in the call. Two members of the commission shall constitute a quorum for the transaction of business but one member may adjourn any regular or special meeting to a definite time and place. (b) The commission for community colleges and vocational/technical education shall: (1) Propose for adoption by the state board rules and regulations for supervision of the community colleges, technical colleges and vocational education schools; (2) provide state wide planning for community colleges, technical col- leges and vocational education schools. (3) initiate plans for institutional advancement and new educational programs and courses of instruction; (4) review existing and proposed educational programs, courses of instruction, and program and course locations and make recommenda- tions to the state board for approval or disapproval of such programs, courses and locations for state funding purposes; (5) review requests of community colleges, technical colleges and vo- cational education schools for state funding and formulate recommen- dations thereon; (6) identify core indicators of quality performance for community col- leges, technical colleges and vocational education schools; (7) develop each year a policy agenda for community colleges, tech- nical colleges and vocational education schools; (8) conduct continuous studies of ways to maximize the utilization of resources available for community colleges, technical colleges and voca- tional education schools and formulate recommendations for improve- ment; and (9) make reports on the performance of its functions and duties to- gether with any proposals and recommendations it may formulate with respect thereto at each regular meeting of the state board. New Sec. 10. (a) The commission for public universities shall meet at Topeka at least quarterly in each year on dates fixed by the commission. Special meetings may be held upon the call of the chairperson of the commission or upon petition to the chairperson by the other two mem- bers of the commission. The date and place of all special meetings shall be designated in the call. Two members of the commission shall constitute a quorum for the transaction of business but one member may adjourn any regular or special meeting to a definite time and place. (b) The commission for public universities shall: (1) Propose for adoption by the state board of rules and regulations for operation and management of the state educational institutions; (2) initiate plans for institutional advancement and new educational programs and courses of instruction; (3) formulate budget requests for the state educational institutions; (4) review existing educational programs and courses of instruction at the public universities and evaluate the educational and economic jus- tification, or lack thereof, for such programs and courses; (5) identify core indicators of quality performance for public univer- sities; (6) make recommendations to the state board with respect to the appointment of chief executive officers of the state educational institu- tions; (7) develop each year a policy agenda for public universities; (8) conduct continuous studies of ways to maximize the utilization of resources available for public universities and formulate recommenda- tions for improvement; and (9) make reports on the performance of its functions and duties to- gether with any proposals and recommendations it may formulate with respect thereto at each regular meeting of the state board. New Sec. 11. (a) The commission for higher education coordination shall meet at Topeka at least quarterly in each year on dates fixed by the commission. Special meetings may be held upon the call of the chairper- son of the commission or upon petition to the chairperson by the other two members of the commission. The date and place of all special meet- ings shall be designated in the call. Two members of the commission shall constitute a quorum for the transaction of business but one member may adjourn any regular or special meeting to a definite time and place. (b) The commission for higher education coordination shall: (1) Conduct continuous review and evaluation of the comprehensive plan for coordination of higher education and make recommendations as deemed necessary and appropriate for amendment, revision or modifi- cation of the plan; (2) review existing and proposed educational programs, courses of instruction, and program and course locations and make recommenda- tions to the state board with respect to the coordination of such programs, courses and locations; (3) collect and analyze data and maintain a uniform postsecondary education data base; (4) formulate recommendations for resolution of conflicts among and between postsecondary educational sectors and institutions; (5) compile and coordinate core indicators of quality performance for postsecondary educational institutions; (6) broker affiliations and mergers of postsecondary educational in- stitutions; (7) coordinate a state system interface with the municipal university and with private colleges and universities; (8) formulate budget requests for state student financial assistance programs; and (9) make reports on the performance of its functions and duties to- gether with any proposals and recommendations it may formulate with respect thereto at each regular meeting of the state board. New Sec. 12. (a) During the 2000 fiscal year, the state board of re- gents (1) shall review the performance indicators developed by the pos- tsecondary educational institutions, including the municipal university; (2) after consideration of the core indicators of quality performance identi- fied by the respective commissions and with the active involvement of the institutions, shall approve those indicators that the state board deter- mines should be implemented; and (3) shall select from among the in- dicators approved for implementation those indicators that will become determinants for the allocation of state moneys on the basis of perform- ance. The indicators selected may vary among the institutions and among institutional sectors. (b) During the 2001 fiscal year, the postsecondary educational insti- tutions, including the municipal university, shall develop institutional im- provement plans showing how they will implement the performance in- dicators applicable to their institution and how they will measure performance on the basis of each indicator. Institutional improvement plans shall be revised and submitted to the state board of regents by each institution at least every three years. The board of regents shall provide technical assistance to institutions in the development, implementation, and revision of their improvement plans. (c) Commencing on July 1, 2001, institutional improvement plans shall be implemented for each postsecondary educational institution, in- cluding the municipal university. Each institution shall begin the data collection, measurement, or other documentation necessary in order for its performance to be evaluated with regard to each indicator. New Sec. 13. On the effective date of this act, the following state agency and office shall be and hereby are abolished: (a) The state board of regents created by K.S.A. 74-3201, and amend- ments thereto; and (b) the office of executive officer of the state board of regents pro- vided to be appointed by K.S.A. 74-3203, and amendments thereto. New Sec. 14. For the purpose of concluding operations, the state board of regents and the office of executive officer of the state board of regents abolished by this act shall continue in existence until June 30, 1999. During such period of existence the abolished state board of regents and the executive officer of the abolished state board shall exercise all of the powers, duties and functions that were vested therein prior to aboli- tion. Upon the expiration of such period of existence, the abolished state board of regents and the executive officer thereof shall cease all opera- tions and shall have no further authority to act. New Sec. 15. (a) On July 1, 1999, all of the powers, duties, functions, records and property of the state agency and office abolished by this act, including the power to administer, expend and distribute funds now or hereafter made available in accordance with appropriation acts, shall be and hereby are transferred to and conferred and imposed upon the state board of regents established by section 3, and amendments thereto. The state board of regents established by section 3, and amendments thereto, shall be the successor in every way to the powers, duties and functions of the abolished state agency and office, in which the same were vested prior to July 1, 1999. The state board of regents established by section 3, and amendments thereto, shall be a continuation of the abolished state agency and office, and every act performed under the authority of the state board of regents established by section 3, and amendments thereto, shall be deemed to have the same force and effect as if performed by the respective agency or office in which the authority to perform such act was vested prior to July 1, 1999. (b) On and after July 1, 1999, whenever the state agency or office abolished by this act are referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the state board of regents established by section 3, and amend- ments thereto. (c) All rules and regulations of the abolished state board of regents in existence on June 30, 1999, shall continue to be effective and shall be deemed to be duly adopted rules and regulations of the state board of regents established by section 3, and amendments thereto, until revised, amended, revoked or nullified pursuant to law. (d) All policies, orders and directives of the abolished state board of regents in existence on June 30, 1999, shall continue to be effective and shall be deemed to be orders and directives of the state board of regents established by section 3, and amendments thereto, until revised, amended or nullified pursuant to law. (e) On July 1, 1999, the state board of regents established by section 3, and amendments thereto, shall succeed to whatever right, title or in- terest the abolished state board of regents has acquired in any real prop- erty in this state, and the state board of regents established by section 3, and amendments thereto, shall hold the same for and in the name of the state of Kansas. On and after July 1, 1999, whenever any statute, contract, deed or other document concerns the power or authority of the abolished state board of regents to acquire, hold or dispose of real property or any interest therein, the state board of regents established by section 3, and amendments thereto, shall succeed to such power or authority. (f) The state board of regents established by section 3, and amend- ments thereto, shall be a continuation of the abolished state board of regents. New Sec. 16. (a) The state board of regents established by section 3, and amendments thereto, shall provide that all officers and employees of the state board of education or the abolished state board of regents who are engaged in the exercise and performance of the powers, duties, and functions transferred by this act are transferred to the state board of regents established by section 3, and amendments thereto, if the state board deems that the transfer of such officers and employees is necessary to the exercise and performance of such powers, duties and functions. (b) Officers and employees of the state board of education or the abolished state board of regents who are transferred to the state board of regents established by section 3, and amendments thereto, shall retain all retirement benefits and leave rights which had accrued or vested prior to the date of transfer. The service of each such officer and employee so transferred shall be deemed to have been continuous. All transfers, layoffs and abolition of classified service positions under the Kansas civil service act which may result from transfers of powers, duties and functions shall be made in accordance with the civil service laws and any rules and reg- ulations adopted thereunder. Nothing in this act shall affect the classified status of any transferred person employed by the state board of education or the abolished state board of regents prior to the date of transfer. The state board of regents established by section 3, and amendments thereto, shall be responsible for administering any layoff that is a part of the trans- fer. Notwithstanding the date of transfer of personnel from the state board of education or the abolished state board of regents to the state board of regents established by section 3, and amendments thereto, pur- suant to the provisions of this act, the date of such transfer shall be ef- fective at the start of a payroll period. New Sec. 17. (a) When any conflict arises as to the disposition of any power, function or duty or the unexpended balance of any appropriation as a result of any abolition, transfer or change effected by or under au- thority of this act, such conflict shall be resolved by the governor, whose decision shall be final. (b) On July 1, 1999, the state board of regents established by section 3, and amendments thereto, shall succeed to all property and records which were used for or pertain to the performance of the powers, duties and functions transferred to such state board. Any conflict as to the proper disposition of property or records arising under this section, and resulting from any abolition or transfer of powers, duties and functions effected by or under authority of this act, shall be determined by the governor, whose decision shall be final. New Sec. 18. (a) On and after July 1, 1999, the state board of regents established by section 3, and amendments thereto, shall have the legal custody of all records, memoranda, writings, entries, prints, representa- tions or combinations thereof of any act, transaction, occurrence or event of the abolished state board of regents and the executive officer thereof. (b) No suit, action or other proceeding, judicial or administrative, lawfully commenced, or which could have been commenced, by or against the abolished state board of regents or the executive officer thereof in the official capacity of such board or officer or in relation to the discharge of official duties of such board or officer, shall abate by reason of the governmental reorganization effected under the provisions of this act. The court may allow any such suit, action or other proceeding to be main- tained by or against the state board of regents established by section 3, and amendments thereto. (c) No criminal action commenced or which could have been com- menced by the state shall abate by reason of the governmental reorgan- ization effected under the provisions of this act. New Sec. 19. (a) On July 1, 1999, the balance of all funds appropri- ated and reappropriated to the abolished state board of regents is hereby transferred to the state board of regents established by section 3, and amendments thereto, and shall be used only for the purpose for which the appropriation was originally made. (b) On July 1, 1999, the liability for all accrued compensation or sal- aries of officers and employees who, immediately prior to such date, were engaged in the performance of powers, duties or functions of the abol- ished state board of regents shall be assumed and paid by the state board of regents established by section 3, and amendments thereto. New Sec. 20. (a) On July 1, 1999, the community colleges established and existing under the laws of this state shall be and hereby are trans- ferred from the supervision of the state board of education to supervision and coordination by the state board of regents. The community colleges shall continue to be operated, managed and controlled by locally elected boards of trustees. The state board of regents shall exercise such super- vision and coordination of the operation, management and control of community colleges as may be prescribed by law. (b) On July 1, 1999, all of the powers, duties, functions, records and property of the state board of education relating to community college operations shall be and are hereby transferred to and conferred and im- posed upon the state board of regents. (c) On and after July 1, 1999, the state board of regents shall be the successor in every way to the powers, duties and functions of the state board of education relating to community college operations in which the same were vested prior to the effective date of this act. Every act per- formed by the state board of regents shall be deemed to have the same force and effect as if performed by the state board of education in which such functions were vested prior to July 1, 1999. (d) On and after July 1, 1999, whenever the state board of education, or words of like effect, is referred to or designated by a statute, contract or other document relating to community college operations, such ref- erence or designation shall be deemed to apply to the state board of regents. (e) The state plan for community colleges, prepared and adopted by the state board of education pursuant to the provisions of the Kansas community college act, which is in existence on July 1, 1999, shall con- tinue to be effective and shall be deemed to be the duly adopted state plan of the state board of regents until revised, amended, revoked or nullified pursuant to law. (f) All rules and regulations, and all orders and directives of the state board of education relating to community college operations which are in existence on July 1, 1999, shall continue to be effective and shall be deemed to be the duly adopted rules and regulations or orders and di- rectives of the state board of regents until revised, amended, revoked or nullified pursuant to law. (g) The unexpended balance of any appropriation for and any funds available to the state board of education for purposes relating to com- munity college operations shall be transferred to the state board of re- gents on July 1, 1999. (h) On and after July 1, 1999, all books, records and papers of the board of trustees of each community college shall be open and available, at all reasonable times, to the state board of regents and its designated officers, employees and agents. (i) Except as otherwise specifically provided in this act, the transfer of supervision of the community colleges from the state board of edu- cation to supervision and coordination by the state board of regents shall not be construed in any manner so as to change or affect the operation, management and control of any community college or to change or affect any existing power, duty or function of a board of trustees with respect to such operation, management and control. New Sec. 21. (a) On July 1, 1999, the technical colleges, area voca- tional schools and area vocational-technical schools established and exist- ing under the laws of this state shall be and hereby are transferred from the supervision of the state board of education to supervision and coor- dination by the state board of regents. The technical colleges, area vo- cational schools and area vocational-technical schools shall continue to be operated, managed and controlled by governing boards as provided for in article 44 of chapter 72 of Kansas Statutes Annotated. The state board of regents shall exercise such supervision and coordination of the opera- tion, management and control of technical colleges, area vocational schools and area vocational-technical schools as may be prescribed by law. (b) On July 1, 1999, all of the powers, duties, functions, records and property of the state board of education relating to operations of technical colleges, area vocational schools and area vocational-technical schools shall be and are hereby transferred to and conferred and imposed upon the state board of regents. (c) On and after July 1, 1999, the state board of regents shall be the successor in every way to the powers, duties and functions of the state board of education relating to operations of technical colleges, area vo- cational schools and area vocational-technical schools in which the same were vested prior to July 1, 1999. Every act performed by the state board of regents shall be deemed to have the same force and effect as if per- formed by the state board of education in which such functions were vested prior to July 1, 1999. (d) On and after July 1, 1999, whenever the state board of education, or words of like effect, is referred to or designated by a statute, contract or other document relating to operations of technical colleges, area vo- cational schools or area vocational-technical schools, such reference or designation shall be deemed to apply to the state board of regents estab- lished. (e) The state plan for vocational education, prepared and adopted by the state board of education pursuant to the provisions of the K.S.A. 72- 4413, and amendments thereto, which is in existence on July 1, 1999, shall continue to be effective and shall be deemed to be the duly adopted state plan of the state board of regents until revised, amended, revoked or nullified pursuant to law. (f) All rules and regulations, and all orders and directives of the state board of education relating to operations of technical colleges, area vo- cational schools and area vocational-technical schools which are in exis- tence on July 1, 1999, shall continue to be effective and shall be deemed to be the duly adopted rules and regulations or orders and directives of the state board of regents until revised, amended, revoked or nullified pursuant to law. (g) The unexpended balance of any appropriation for and any funds available to the state board of education for purposes relating to opera- tions of technical colleges, area vocational schools and area vocational- technical schools shall be transferred to the state board of regents on July 1, 1999. (h) On and after July 1, 1999, all books, records and papers of the governing boards of technical colleges, area vocational schools and area vocational-technical schools shall be open and available, at all reasonable times, to the state board of regents and its designated officers, employees and agents. (i) Except as otherwise specifically provided in this act, the transfer of supervision of the technical colleges, area vocational schools and area vocational-technical schools from the state board of education to super- vision and coordination by the state board of regents shall not be con- strued in any manner so as to change or affect the operation, management and control of any technical college, area vocational school or area voca- tional-technical school or to change or affect any existing power, duty or function of the governing board of any technical college, area vocational school or area vocational-technical school with respect to such operation, management and control. (j) For the purposes of the school district finance and quality per- formance act, the term approved vocational education program means in the case of vocational education programs offered and provided in the area vocational schools, the area vocational-technical schools, and the technical colleges, the state board of regents; and in the case of vocational education programs offered and provided in the high schools of a school district, the state board of education. New Sec. 22. (a) On July 1, 1999, the proprietary schools shall be and hereby are transferred from regulation by the state board of educa- tion to regulation by the state board of regents. The state board of regents shall exercise such regulatory authority over the operation of proprietary schools as may be prescribed by law. (b) On July 1, 1999, all of the powers, duties, functions, records and property of the state board of education relating to regulation of propri- etary school operations shall be and are hereby transferred to and con- ferred and imposed upon the state board of regents. (c) On and after July 1, 1999, the state board of regents shall be the successor in every way to the powers, duties and functions of the state board of education relating to regulation of proprietary school operations in which the same were vested prior to the effective date of this act. Every act performed by the state board of regents shall be deemed to have the same force and effect as if performed by the state board of education in which such functions were vested prior to July 1, 1999. (d) On and after July 1, 1999, whenever the state board of education, or words of like effect, is referred to or designated by a statute, contract or other document relating to regulation of proprietary school operations, such reference or designation shall be deemed to apply to the state board of regents. (e) All rules and regulations, and all policies, orders and directives of the state board of education relating to proprietary school operations which are in existence on July 1, 1999, shall continue to be effective and shall be deemed to be the duly adopted rules and regulations or policies, orders and directives of the state board of regents until revised, amended, revoked or nullified pursuant to law. (f) The unexpended balance of any appropriation for and any funds available to the state board of education for purposes relating to regula- tion of proprietary school operations shall be transferred to the state board of regents on July 1, 1999. (g) Except as otherwise specifically provided in this act, the transfer of regulation of the proprietary schools from the state board of education to regulation by the state board of regents shall not be construed in any manner so as to change or affect the operation of any proprietary school or to change or affect any existing power, duty or function of any owner, officer, director, agent or representative of a proprietary school. New Sec. 23. (a) On July 1, 1999, the responsibility for administra- tion of adult basic education programs and adult supplementary education programs and for supervision of the administration of such programs by boards of education of school districts and boards of trustees of com- munity colleges shall be and hereby is transferred from the state board of education to the state board of regents. Adult education programs shall continue to be conducted, maintained and administered by boards of education of school districts and boards of trustees of community colleges. The state board of regents shall exercise such administrative and super- visory authority over the conduct, maintenance and administration of adult education programs as may be prescribed by law. (b) On July 1, 1999, all of the powers, duties, functions, records and property of the state board of education relating to administration and supervision of adult education programs shall be and are hereby trans- ferred to and conferred and imposed upon the state board of regents. (c) On and after July 1, 1999, the state board of regents shall be the successor in every way to the powers, duties and functions of the state board of education relating to administration and supervision of adult education programs in which the same were vested prior to the effective date of this act. Every act performed by the state board of regents shall be deemed to have the same force and effect as if performed by the state board of education in which such functions were vested prior to July 1, 1999. (d) On and after July 1, 1999, whenever the state board of education, or words of like effect, is referred to or designated by a statute, contract or other document relating to administration and supervision of adult education programs, such reference or designation shall be deemed to apply to the state board of regents. (e) The state plan for adult basic education, prepared and adopted by the state board of education pursuant to the provisions of the adult education act, which is in existence on July 1, 1999, shall continue to be effective and shall be deemed to be the duly adopted state plan of the state board of regents until revised, amended, revoked or nullified pur- suant to law. (f) All rules and regulations, and all orders and directives of the state board of education relating to administration and supervision of adult education programs which are in existence on July 1, 1999, shall continue to be effective and shall be deemed to be the duly adopted rules and regulations or orders and directives of the state board of regents until revised, amended, revoked or nullified pursuant to law. (g) The unexpended balance of any appropriation for and any state and federal funds available to the state board of education for purposes relating to administration and supervision of adult education programs shall be transferred to the state board of regents on July 1, 1999. (h) Except as otherwise specifically provided in this act, the transfer of responsibility for the administration of adult education programs and for supervision of the administration of adult education programs by boards of education and boards of trustees from the state board of edu- cation to administration and supervision by the state board of regents shall not be construed in any manner so as to change or affect the conduct, maintenance and administration of adult education programs. New Sec. 24. During the period of transition from general supervi- sion by the state board of education of the community colleges, technical colleges, area vocational schools and area vocational-technical schools to supervision and coordination thereof by the state board of regents, from jurisdiction of the abolished state board of regents over the public uni- versities to jurisdiction of the state board of regents established by section 3, and amendments thereto, and from regulation by the state board of education of the proprietary schools to regulation thereof by the state board of regents, the state board of education and the abolished state board of regents shall provide such assistance as the state board of regents established by section 3, and amendments thereto, may request in order to enable such state board of regents to assume in an orderly manner the exercise of powers and the performance of duties and functions trans- ferred under authority of this act. During such period of transition, the state board of regents established by section 3, and amendments thereto, may exercise such powers and perform such duties and functions relating to the control or supervision of postsecondary educational institutions as may be authorized by interagency agreements entered into with the abol- ished state board of regents or with the state board of education. New Sec. 25. The legislative educational planning committee shall: (a) Monitor implementation and operation of the Kansas higher ed- ucation coordination act; (b) evaluate the effect of the act on the postsecondary education sys- tem of the state; (c) determine whether operation of the act is successfully effectuating the purpose of the act; (d) review and evaluate the comprehensive plan, and any amend- ments, revisions and modifications thereof, for coordination of higher education within the state; and (e) make an annual report, together with any recommendations or any legislation relating to higher education coordination or to amend- ment, revision or modification of the act, to the legislature and the gov- ernor. Sec. 26. On July 1, 1999, K.S.A. 1998 Supp. 71-201 shall be and is hereby amended to read as follows: 71-201. (a) The board of trustees, in accordance with the provisions of law and the rules and regulations of the state board of sponsible for the property of the community college and shall be respon- sible for the operation, management and control of the college. The board of trustees shall hold at least one regular meeting each month at a time prescribed by the board. The board shall make an annual report in the manner prescribed by the state board of the board of trustees shall be paid subsistence allowances, mileage and other actual and necessary expenses incurred in the performance of their official duties. (b) For effectuation of the purposes of this act, the board of trustees in addition to such other powers expressly granted to it by law and subject to the rules and regulations of the state board of hereby granted the following powers: (1) To select its own chairperson and such other officers as it may deem desirable, from among its own membership. The secretary may be chief administrative officer of the college. (2) To sue and be sued. (3) To determine the educational program of the college subject to prior approval thereof as provided in this act and to grant certificates of completion of courses or curriculum. (4) To appoint and fix the compensation and term of office of a pres- ident or chief administrative officer of the college. (5) To appoint upon nomination of the president or the chief admin- istrative officer members of the administrative and teaching staffs, to fix and determine within state adopted standards their specifications, define their duties, and to fix their compensation and terms of employment. No community college teacher shall be required to meet certification requirements greater than those required in the state stitutions. (6) Upon recommendation of the chief administrative officer, to ap- point or employ such other officers of the college, agents and employees as may be required to carry out the provisions of law and to fix and determine within state adopted standards their qualifications, duties, compensation, terms of office or employment and all other items and conditions of employment. (7) To enter into contracts. (8) To accept from any government or governmental agency, or from any other public or private body, or from any other source, grants or contributions of money or property which the board may use for or in aid of any of its purposes. (9) To acquire by gift, purchase, lease-purchase, condemnation or otherwise, and to own, lease, use and operate property, whether real, personal, or mixed, or any interest therein, which is necessary or desirable for community college purposes. Any lease-purchase agreement entered into under authority of this subsection shall be subject to the conditions set forth in K.S.A. 10-1116c, and amendments thereto. The term of any lease entered into under authority of this subsection may be for not to exceed 10 years. Such lease may provide for annual or other payment of rent or rental fees and may obligate the community college to payment of maintenance or other expenses. Any lease or lease-purchase agreement entered into under authority of this subsection shall be subject to change or termination at any time by the legislature. Any assignment of rights in any lease or lease-purchase made under this subsection shall contain a citation of this section and a recitation that the lease or lease-purchase agreement and assignment thereof are subject to change or termination by the legislature. To the extent that the provisions of the cash-basis and budget laws conflict with this subsection in such a manner as to prevent the intention of this subsection from being made effective, the provisions of this subsection shall control. This provision is subject to the provisions of subsection (d). (10) To enter into lease agreements as lessor of any property, whether real, personal, or mixed, which is owned or controlled by the community college. Any such agreement may specify the purposes for which the property may be used, require that the property be maintained and op- erated by the lessee, and may contain such restrictions or limitations on the use of the property, be entered into for such period of time, and include such other terms and conditions as the board of trustees deter- mines to be necessary and proper. Every such agreement shall be subject to change or termination at any time by the legislature. Any assignment of rights under any such agreement shall be subject to approval by the board of trustees and shall contain a citation of this section and a recitation that the lease agreement and assignment of rights thereunder are subject to change or termination by the legislature. (11) To determine that any property owned by the college is no longer necessary for college purposes and to dispose of the same in such manner and upon such terms and conditions as provided by law. (12) To exercise the right of eminent domain, pursuant to chapter 26 of Kansas Statutes Annotated. (13) To make and promulgate such rules and regulations, not incon- sistent with the provisions of law or with rules and regulations of the state board of istration and operation of the community college, and for the conduct of the business of the board of trustees. (14) To exercise all other powers not inconsistent with the provisions of law or with the rules and regulations of the state board of regents which may be reasonably necessary or incidental to the establish- ment, maintenance and operation of a community college. (15) To appoint a member to fill any vacancy on the board of trustees for the balance of the unexpired term. When a vacancy occurs, the board shall publish a notice one time in a newspaper having general circulation in the community college district stating that the vacancy has occurred and that it will be filled by appointment by the board not sooner than 15 days after such publication. (16) To contract with one or more agencies, either public or private, whether located within or outside the community college district or whether located within or outside the state of Kansas for the conduct by any such agencies of academic or vocational education for students of the community college, and to provide for the payment to any such agencies for their contracted educational services from any funds or moneys of the community college, including funds or moneys received from student tuition Kansas or the United States for academic or vocational education, or taxes collected under K.S.A. 71-204 Any contract made under this subsection with an institution of another state shall be subject to the provisions of K.S.A. 71-202, and amendments thereto. (17) To authorize by resolution the establishment of a petty cash fund in an amount not to exceed $1,000, and to designate in such resolution an employee to maintain such petty cash fund. The employee designated in any resolution provided for in this subsection receiving such funds shall keep a record of all receipts and expenditures from the fund, and shall from time to time, and at the end of the fiscal year, prepare a statement for the board showing all receipts, expenditures, and the balance in the petty cash fund. The board of trustees may authorize the employee des- ignated to maintain any petty cash fund to make a claim for replenishment of the fund to its original amount in advance of approval by the board of trustees if, at any time during the period between regular monthly meet- ings of the board of trustees, the balance remaining in the fund is insuf- ficient to make needed expenditures for any purpose for which the petty cash fund is maintained. No petty cash fund may be replenished more than one time during each period between regular monthly meetings of the board of trustees. If a petty cash fund is replenished prior to the end of the fiscal year in accordance with the foregoing authorization, the em- ployee authorized to maintain the petty cash fund shall keep an accurate record of all expenditures made therefrom, and the purpose therefor, and shall submit the record to the board of trustees at the next regular monthly meeting thereof. The petty cash fund shall be replenished by payment from the appropriate funds of the community college to the petty cash fund upon proper claim. The fund shall be kept separate from all other funds and shall be used only for authorized expenditures and itemized receipts shall be taken for each expenditure. No part of such fund may be loaned or advanced against the salary of an employee. All employees entrusted with such funds under this subsection shall be bonded by the community college district. (c) Subject to the provisions of subsection (d), the board of trustees may purchase or otherwise acquire land or land and improvements and may acquire, construct, reconstruct, repair or remodel improvements thereon or additions thereto, including furnishings, equipment, and ar- chitectural and incidental expense related thereto, and for such purposes the board of trustees is authorized to issue and sell general obligation bonds, the cumulative total not to exceed the following amounts: Where the community college district has a taxable tangible valuation of less than $90,000,000 or is located in a county designated as urban under the pro- visions of K.S.A. 19-3524, and amendments thereto, not to exceed 5% of the taxable tangible property of the community college district, and where the community college district has a taxable tangible valuation of more than $90,000,000 not to exceed 3% except as provided above for any community college district located in a county designated as urban under the provisions of K.S.A. 19-3524, and amendments thereto, of the taxable tangible property of the community college district. If any increase in the valuation of a community college district results in an outstanding bonded indebtedness in excess of that provided in this subsection, such increase shall not constitute a violation of this subsection. No such bonds shall be issued until the question of their issuance shall have been submitted to a vote of the electors of the community college district at a regular election or at a special election called for that purpose and the majority of the electors voting on the proposition in such community college district shall have voted in favor of the issuance of the bonds. Such election shall be called, noticed and held and the bonds issued, sold, delivered and retired in accordance with the provisions of the general bond law except as herein otherwise expressly provided. (d) The board of trustees of a community college may not purchase or otherwise acquire land or land and improvements outside the com- munity college district. Nothing in this subsection shall be construed or operate in any manner to require a board of trustees to sell, convey or otherwise dispose of land or land and improvements located outside the community college district and owned or being acquired by the com- munity college on the effective date of this act, but no board of trustees may enter into a contract for the construction of improvements on any such land after the effective date of this act. Sec. 27. On July 1, 1999, K.S.A. 71-204 shall be and is hereby amended to read as follows: 71-204. (a) For college maintenance and operation thorized to levy a tax on the taxable tangible property of the community college district. Such tax levy shall be the amount determined by the board of trustees to be sufficient to finance that part of the budget of the community col- lege which is not financed law. The budget of the community college shall be prepared and adopted as provided by law, and the tax levy therefor shall be certified to the county clerk of every county a part of the territory of which is in the community college district. (b) The tax levy authorized by subsection (a) shall be reduced (1) in the 2001 fiscal year by an amount equal to 80% of the amount of the difference between the amount of state aid received by the community college in the 2000 fiscal year less an amount equal to 25% of the amount of out-district tuition received by the community college in such fiscal year and the amount of the state grant to which the community college is entitled in the 2001 fiscal year and (2) in fiscal years 2002, 2003 and 2004 by an amount equal to 80% of the amount of the difference between the amount of the state grant received by the community college in the pre- ceding fiscal year less an amount equal to 25% of the amount of out- district tuition received by the community college in the 2000 fiscal year and the amount of the state grant to which the community college is entitled in the current fiscal year and (3) in each fiscal year after the 2004 fiscal year by an amount equal to 80% of the amount of the difference between the amount of the state grant received by the community college in the preceding fiscal year and the amount of the state grant to which the community college is entitled in the current fiscal year. Sec. 28. On July 1, 1999, K.S.A. 1998 Supp. 71-301 shall be and is hereby amended to read as follows: 71-301. charge to and collect from each student tuition at rates per credit hour enrolled which shall be established by the board of trustees. New Sec. 29. (a) The board of trustees, in accordance with rules and regulations of the state board, shall determine an amount of out-district tuition to be charged for each out-district student attending the com- munity college. The board of county commissioners of any county charged with payment of out-district tuition shall levy a tax on all of the taxable property of the county sufficient to pay all out-district tuition charges authorized by this act. The proceeds from the tax levied under authority of this section shall be deposited in a special fund for payment of out- district tuition. Upon receiving a statement of charges for out-district tuition, the board of county commissioners shall allow and pay the same from the special fund within 45 days from the receipt of such statement. If there is insufficient or no money in the special fund, out-district tuition shall be paid from the county general fund or from the proceeds of the sale of no-fund warrants issued for the purpose of the payment of out- district tuition. If the board of county commissioners fails to pay such amount at the time required under this subsection, the board of trustees shall notify the state board of such failure to pay and shall certify to the state board the amount to be paid. Upon receipt by the state board of such notification, the amount to be paid as certified to the state board shall become an amount due and owing to the state board. The state board shall notify the board of county commissioners that this amount is now due and owing to the state board. If the board of county commis- sioners fails to pay such amount to the state board within 14 days of the receipt of such notification, the state board shall initiate proceedings un- der K.S.A. 75-6201 et seq. for the collection of such money. Money paid to or collected by the state board under this subsection shall be deposited in the out-district tuition suspense account which is hereby created in the state treasury. The state board shall pay moneys from this account, in accordance with rules and regulations of the state board, to the com- munity colleges entitled to receive such money. (b) The total out-district tuition charged by a community college shall be: (1) For the 2000 fiscal year, an amount equal to the number of duly enrolled out-district students times $24 for each credit hour of each such student; (2) for the 2001 fiscal year, an amount equal to the number of duly enrolled out-district students times $18 for each credit hour of each such student; (3) for the 2002 fiscal year, an amount equal to the number of duly enrolled out-district students times $12 for each credit hour of each such student; and (4) for the 2003 fiscal year, an amount equal to the number of duly enrolled out-district students times $6 for each credit hour of each such student. (c) In May of each fiscal year, the board of trustees shall notify the board of county commissioners of the approximate amount of out-district tuition which will be charged to the county in the succeeding fiscal year. (d) Expenditures for out-district tuition shall be exempt from the budget law of this state to the extent of such payments not anticipated in the budget of the county. (e) The provisions of this section shall take effect and be in force on July 1, 1999, and shall expire on June 30, 2003. Sec. 30. On July 1, 1999, K.S.A. 71-304 shall be and is hereby amended to read as follows: 71-304. (a) Notwithstanding any provision contained in chapter 71 of Kansas Statutes Annotated to the contrary, and subject to the provisions of K.S.A. 71-305, and amendments thereto, no out-district tuition shall be charged or paid for any student attending a community college whose residence outside the community college dis- trict is in another community college district. (b) The provisions of this section shall expire on June 30, 2003. Sec. 31. On July 1, 1999, K.S.A. 71-305 shall be and is hereby amended to read as follows: 71-305. (a) The provisions of K.S.A. 71-304 dent when the course of study or program which the student selects, or a course of study or program which is substantially equivalent thereto, is not offered in the community college of the district in which such student resides. (b) The provisions of this section shall expire on June 30, 2003. Sec. 32. On July 1, 1999, K.S.A. 71-306 shall be and is hereby amended to read as follows: 71-306. (a) The state board of regents shall adopt rules and regulations prescribing criteria or guidelines for the purpose of determining which courses of study and programs offered in the community colleges are substantially equivalent. A current, complete list of such courses of study and programs shall be maintained on file in the office of the state and shall be open for public inspection at any reasonable time. (b) The provisions of this section shall expire on June 30, 2003. New Sec. 33. (a) No out-district tuition charges shall be based upon credit hours in any subject or course the principal part of which is taught at a location outside the county of the main campus of a community college, unless the location of such subject or course is specifically au- thorized by the state board of regents. (b) (1) No out-district tuition charges shall be based upon credit hours in any subject or course which is taught in a county in which the main campus of a state educational institution is located, unless the teach- ing of such subject or course is specifically authorized by the chief ex- ecutive officer of the state educational institution or by a designee of the chief executive officer. The chief executive officer of each state educa- tional institution may designate and authorize a person or committee to act on behalf of the chief executive officer in granting the authorizations required by this subsection. No authorization required by this subsection shall be considered to be or construed in any manner as an agreement provided for by subsection (c). (2) For the purposes of this subsection, the term ``main campus of a state educational institution'' as applied to Kansas state university of ag- riculture and applied science means and includes the campus of the uni- versity located in Riley county and the campus of the university's college of technology located in Saline county. (3) The provisions of this subsection are subject to the provisions of subsection (c). (c) No out-district tuition charges shall be based upon credit hours in any subject or course all or the principal part of which is taught at Fort Hays state university or at Wichita state university under an agreement for the teaching of such subject or course entered into by a community college and either such university. An agreement entered into under the provisions of this subsection for the teaching of a subject or course by a community college at Fort Hays state university or at Wichita state uni- versity shall constitute the authorization required by subsection (b) for the teaching of such subject or course, and no separate authorization under subsection (b) shall be required. (d) No out-district tuition charges shall be based upon any course or program if such course or program is taught in an area vocational school, an area vocational-technical school, or a technical college under an agree- ment with a community college and for which payments of state or federal moneys are made to the area vocational school, the area vocational-tech- nical school, or the technical college under the provisions of article 44 of chapter 72 of Kansas Statutes Annotated. (e) No out-district tuition charges shall be based upon any motorcycle driver safety course conducted by a community college. (f) The provisions of this section shall take effect and be in force on July 1, 1999, and shall expire on June 30, 2003. Sec. 34. On July 1, 1999, K.S.A. 1998 Supp. 71-401 shall be and is hereby amended to read as follows: 71-401. (a) Persons enrolling in a community college who, if adults, have not been, or if minors, whose parents have not been residents of the county in which is located the principal campus of the community college for at least six months prior to enrollment for any term or session are nonresidents of the community college district for the purpose of determining liability of counties for payment of out-district tuition. (b) The provisions of this section shall expire on June 30, 2003. Sec. 35. On July 1, 1999, K.S.A. 71-402 shall be and is hereby amended to read as follows: 71-402. (a) For the purpose of determining the county of residence of persons, residence of minors shall be deter- mined as provided in K.S.A. 72-1046 and ments thereto and of adults as provided in subpart Twenty-third of K.S.A. 77-201 and (b) The provisions of this section shall expire on June 30, 2003. Sec. 36. On July 1, 1999, K.S.A. 71-403 shall be and is hereby amended to read as follows: 71-403. (a) The state board of regents may adopt rules and regulations prescribing criteria or guidelines for determination of residence of students for the purpose of determining liability of counties for out-district tuition of students in community col- leges conclusive determination of any residence matter for the purpose of de- termination of out-district tuition (b) The provisions of this section shall expire on June 30, 2003. Sec. 37. On July 1, 1999, K.S.A. 1998 Supp. 71-406 shall be and is hereby amended to read as follows: 71-406. (a) Subject to the provisions of K.S.A. 1998 Supp. 71-407, and amendments thereto, persons enrolling in a community college who, if adults, have not been, or if minors, whose parents have not been residents of the state of Kansas for at least six months prior to enrollment for any term or session are nonresidents of the state for the purpose of determining state (b) For the purpose of determining the residence of persons enrolling as a student in a community college, residence of minors shall be deter- mined as provided in K.S.A. 72-1046, and amendments thereto, and of adults as provided in subpart Twenty-third of K.S.A. 77-201, and amend- ments thereto. The state board of regulations governing the determination of residence of students. Sec. 38. On July 1, 1999, K.S.A. 1998 Supp. 71-407 shall be and is hereby amended to read as follows: 71-407. (a) The following persons, or any class or classes thereof, and their spouses and dependents, may be considered residents of the state of Kansas by the state board for the purpose of determining state active military service of the United States; (2) persons who are domicil- iary residents of the state, who were in active military service prior to becoming domiciliary residents of the state, who were present in the state for a period of not less than two years during their tenure in active military service, whose domiciliary residence was established in the state within 30 days of discharge or retirement from active military service under honorable conditions, but whose domiciliary residence was not timely enough established to meet the residence duration requirement of K.S.A. 71-406, and amendments thereto; (3) persons who are employees of a community college; (4) persons having special domestic relations circum- stances; (5) persons who have lost their resident status within six months of enrollment; (6) persons who are not domiciliary residents of the state, who have graduated from a high school accredited by the state board of education within six months of enrollment at a community college, who were domiciliary residents of the state at the time of graduation from high school or within 12 months prior to graduation from high school, and who are entitled to admission at a state educational institution pursuant to K.S.A. 72-116, and amendments thereto; and (7) persons who are dom- iciliary residents of the state, whose domiciliary residence was established in the state for the purpose of accepting, upon recruitment by an em- ployer, or retaining, upon transfer required by an employer, a position of full-time employment at a place of employment in Kansas, but the dom- iciliary residence of whom was not timely enough established to meet the residence duration requirement of K.S.A. 71-406, and amendments thereto. (b) As used in this section: (1) ``Domiciliary resident'' means a person who has present and fixed residence in Kansas where the person intends to remain for an indefinite period and to which the person intends to return following absence. (2) ``Full-time employment'' means employment requiring at least 1,500 hours of work per year. (c) The state board shall prescribe criteria and guidelines for deter- mination of the eligibility of persons specified in subsection (a) to be considered residents of the state and shall specify the evidence necessary to be submitted by such persons as proof of eligibility. Evidence submit- ted by a person as proof of eligibility claimed under subsection (a)(7) must include, but not by way of limitation, certification of the claim by the employer of the person. Sec. 39. On July 1, 1999, K.S.A. 71-601, as amended by section 1 of 1999 House Bill No. 2060, shall be and is hereby amended to read as follows: 71-601. (a) ``Credit hour'' means the basic unit of collegiate level instruction, as determined by the state board, in a subject or course of- fered at a level not higher than those subjects or courses normally offered to freshmen and sophomores in four-year institutions of postsecondary education which subject or course is approved by the state board. Credit hour does not include within its meaning instruction in a subject or course taken by a student enrolled for audit or in any subject or course not approved by the state board. The state board offered in the community colleges are at the level of freshmen and soph- omore subjects and courses offered in the state educational institutions and shall not approve any subject or course offered at a higher level. (b) ``Full-time equivalent enrollment'' or ``FTE enrollment'' means the quotient obtained by dividing by 30 the total credit hour enrollment in a fiscal year of students of a community college who are residents of the state of Kansas, or are considered residents of the state of Kansas pursuant to the provisions of K.S.A. 1998 Supp. 71-407, and amendments thereto. (c) ``State grant'' means the operating grant provided for under sub- section (a) of section 40, and amendments thereto, and if entitlement is determined, the quality performance grant provided for under subsection (b) of section 40, and amendments thereto. New Sec. 40. (a) In each fiscal year, commencing with the 2001 fiscal year, each community college is entitled to an operating grant from the state general fund in an amount to be determined by the state board. The state board shall: (1) Determine the average amount of moneys from the state general fund expended per FTE lower division undergraduate student in the preceding fiscal year at the regional state educational institutions; (2) (A) in the 2001 fiscal year, compute 50% of the amount deter- mined under (1); (B) in the 2002 fiscal year, compute 55% of the amount determined under (1); (C) in the 2003 fiscal year, compute 60% of the amount determined under (1); in the 2004 fiscal year and in each fiscal year thereafter, compute 65% of the amount determined under (1); (3) multiply the amount computed under (2) by the number of FTE students of the community college. The product is the amount of the operating grant the community college is entitled to receive for the fiscal year. (b) In each fiscal year, commencing with the 2003 fiscal year, each community college is eligible to receive a quality performance grant from the state general fund. If the state board determines that the community college has demonstrated effectiveness in complying with its role and mission statement and has met or exceeded the core indicators of quality performance for community colleges identified and approved by the state board, the community college shall receive a quality performance grant in an amount which shall be determined by the state board by computing 2% of the amount of the operating grant the community college received in the preceding fiscal year. The computed amount is the amount of the quality performance grant the community college shall receive for the fiscal year. (c) For the purposes of this section, the FTE enrollment of the com- munity college shall be based on: (1) Enrollment of students who are residents of the state of Kansas, or are considered residents of the state of Kansas pursuant to the provisions of K.S.A. 1998 Supp. 71-407, and amendments thereto; and (2) the greater of FTE enrollment of the com- munity college in the current fiscal year or FTE enrollment in the pre- ceding fiscal year. (d) As used in this section, the term regional state educational insti- tutions means Emporia state university, Fort Hays state university and Pittsburg state university and the term lower division undergraduate stu- dent means a freshman or sophomore. New Sec. 41. (a) In the 2001 fiscal year, each community college is eligible for entitlement to a transitional state grant. Entitlement of a com- munity college to a transitional state grant shall be determined by the state board as provided in this subsection. The state board shall: (1) Determine the amount of credit hour state aid, out-district state aid and general state aid received by the community college in the 2000 fiscal year; (2) determine the amount of the operating grant the community col- lege is entitled to receive for the 2001 fiscal year. If the amount deter- mined under (2) is greater than the amount determined under (1), the eligibility of the community college to a transitional state grant shall lapse. If the amount determined under (1) is greater than the amount deter- mined under (2), the community college is entitled to a transitional state grant in an amount which shall be determined by the state board by subtracting the amount determined under (2) from the amount deter- mined under (1). The difference is the amount of the transitional state grant the community college is entitled to receive for the 2001 fiscal year. (b) The distribution of the appropriation for transitional state grants shall be made at a time to be determined by the state board. The state board shall certify to the director of accounts and reports the amount due to each community college entitled to a transitional state grant, and the director of accounts and reports shall draw a warrant upon the state trea- surer in favor of the community college for such amount. Upon receipt of the warrant, the treasurer of the community college shall credit the amount of the warrant to the general fund of the community college. (c) The provisions of this section shall expire on June 30, 2001. Sec. 42. On July 1, 1999, K.S.A. 71-604 shall be and is hereby amended to read as follows: 71-604. (a) college is entitled to receive portion to the amount each is entitled to receive. amount it is entitled to receive college of the amount of the overpayment and the community college shall remit the same to the state board and the same in the state treasury to the credit of the general fund, and if any such community college fails so to remit, the state board shall deduct the excess amount so paid from future payments becoming due to such com- munity college. amount additional amount due at any time within the fiscal year in which the underpayment was made or within 60 days after the end of such fiscal year. Sec. 43. On July 1, 2000, K.S.A. 71-605 shall be and is hereby amended to read as follows: 71-605. priation for grants shall be made in substantially equal payments on August 1 and January 1 of each fiscal year, or as soon thereafter as possible. The state board shall certify, on or before July 20 and December 20 of each fiscal year, to the director of accounts and reports the amount due on August 1 or on January 1, as the case may be, to each community college entitled to a state grant from such appropriation, and the director of accounts and reports shall draw a warrant upon the state treasurer in favor of the community college for such amount. Upon receipt of the warrant, the treasurer of the community college shall credit the amount of the warrant to the general fund of the community college. Sec. 44. On July 1, 1999, K.S.A. 1998 Supp. 71-609 shall be and is hereby amended to read as follows: 71-609. (a) No based upon part of which is taught at a location outside the county of the main campus of the community college, unless the location of such subject or course is specifically authorized by the state board of (b) (1) No a state subject or course which is taught in a county in which the main campus of a state educational institution is located, unless the teaching of such subject or course is specifically authorized by the chief executive officer of the state educational institution or by a designee of the chief executive officer. The chief executive officer of each state educational institution may designate and authorize a person or committee to act on behalf of the chief executive officer in granting the authorizations required by this subsection. (2) For the purposes of this subsection, the term ``main campus of a state educational institution'' as applied to Kansas state university of ag- riculture and applied science means and includes the campus of the uni- versity located in Riley county and the campus of the university's college of technology located in Saline county. Sec. 45. On July 1, 1999, K.S.A. 71-609a shall be and is hereby amended to read as follows: 71-609a. No or program if such course or program is taught in an area vocational school agreement with such community college and for which payments of state or federal moneys are made to the area vocational school vocational-technical school, or the technical college under the provisions of article 44 of chapter 72 of Kansas Statutes Annotated Sec. 46. On July 1, 1999, K.S.A. 71-610 shall be and is hereby amended to read as follows: 71-610. (a) Notwithstanding any provision contained in chapter 71 of Kansas Statutes Annotated to the contrary, whenever there are two community college districts located within one county, no out-district tuition shall be charged for any student residing in such county and attending either such community college. (b) The provisions of this section shall expire on June 30, 2003. Sec. 47. On July 1, 1999, K.S.A. 1998 Supp. 71-611 shall be and is hereby amended to read as follows: 71-611. (a) ``Operating expenses'' means the total expenditures and lawful transfers from the general fund of a community college during a (b) ``Legally adopted budget of operating expenses'' means the amount legally authorized and budgeted for the (c) ``General fund'' means the fund of a community college from which operating expenses are paid and, subject to the provisions of K.S.A. 71-613a, and amendments thereto, to which all amounts of taxes for general purposes, moneys provided for by law are credited. Sec. 48. On July 1, 1999, K.S.A. 71-613 shall be and is hereby amended to read as follows: 71-613. (a) All moneys received by a com- munity college for establishing, conducting, maintaining and administer- ing any vocational education program authorized chapter 72 of Kansas Statutes Annotated shall be deposited in the voca- tional education fund, unless required to be deposited in the general fund. The expenses of a community college attributable to vocational education shall be paid from the vocational education fund. (b) Community colleges shall maintain fund accounting procedures as may be necessary to assure proper accounting for federal funds for vocational education special projects, whether received directly from the federal government or any of its agencies, or received through the state or any of its agencies. Sec. 49. On July 1, 1999, K.S.A. 1998 Supp. 71-613a shall be and is hereby amended to read as follows: 71-613a. All amounts of titlements and student tuition received by a community college for any program authorized by article 44 of chapter 72 of Kansas Statutes An- notated may be deposited in the vocational education fund of the com- munity college. Sec. 50. On July 1, 1999, K.S.A. 71-615 shall be is hereby amended to read as follows: 71-615. fiscal year an amount for operating expenses which exceeds its legally adopted budget of operating expenses, the state board of gents shall determine the excess and deduct the same from amounts pay- able to the community college during the next fiscal year. Sec. 51. On July 1, 1999, K.S.A. 71-801 shall be and is hereby amended to read as follows: 71-801. (a) Community colleges are under the supervision of the state board of (b) The state board of regents shall identify and approve core indi- cators of quality performance for community colleges and shall establish and implement a data management system that includes a process and format for collecting, aggregating and reporting common and institution- specific information documenting effectiveness of the colleges in meeting the role and mission thereof. Sec. 52. On July 1, 1999, K.S.A. 71-1508 shall be and is hereby amended to read as follows: 71-1508. (a) There is hereby established in every community college conducting a motorcycle driver safety course a fund which shall be called the torcycle driver safety fund shall consist of all moneys deposited therein or transferred thereto according to law. All moneys received by com- munity colleges from distributions made from the motorcycle safety fund and from tuition, fees or charges for motorcycle driver safety courses shall be credited to the motorcycle driver safety fund. The expenses of com- munity colleges directly attributable to motorcycle driver safety courses shall be paid from the motorcycle driver safety fund. (b) No amount of the state upon a motorcycle driver safety course conducted by the community col- lege. Sec. 53. On July 1, 1999, K.S.A. 71-1702 shall be and is hereby amended to read as follows: 71-1702. (a) The governing body of an area vocational school or area vocational-technical school which is consolidated with and made a part of a community college in accordance with the provisions of this act shall enter into a consolidation agreement with the board of trustees of the community college with which such area voca- tional school or area vocational-technical school is consolidated. (b) Every consolidation agreement entered into under this section shall provide for: (1) The disposition of all real property of the affected area vocational school or area vocational-technical school, which disposition shall not be in contravention of the provisions of subsection (d) of K.S.A. 71-201, and amendments thereto; (2) the disposition of all personal property, records and moneys, in- cluding state and federal financial aid, of the affected area vocational school or area vocational-technical school; (3) the payment of all lawful debts of the affected area vocational school or area vocational-technical school, including any outstanding bonded indebtedness attributable to the operation thereof; (4) the payment of all accrued compensation or salaries of all person- nel of the affected area vocational school or area vocational-technical school; (5) the transfer of personnel, if such personnel are deemed necessary, in the employment of the affected area vocational school or area voca- tional-technical school to the employment of the community college; and (6) such other matters as may need to be addressed as the result of such consolidation by the affected area vocational school or area voca- tional-technical school and the community college. (c) Immediately upon execution of each consolidation agreement en- tered into under this section, the state board of be notified thereof by the board of trustees of the affected community college. The state board shall review and approve such consolidation agreement (d) When any conflict arises as to the proper disposition of property, records or funds or as to the assumption and payment of any debts as a result of any consolidation effected under this act, such conflict shall be determined and resolved by the state board of determination and resolution shall be final. Sec. 54. On July 1, 1999, K.S.A. 71-1705 shall be and is hereby amended to read as follows: 71-1705. (a) Notwithstanding any provision contained in chapter 71 of Kansas Statutes Annotated to the contrary, whenever any area vocational school or area vocational-technical school consolidates with a community college in accordance with the provisions of this act, no out-district tuition shall be charged for any student enrolled in any vocational education course or program offered by the community college if such course or program was taught in the area vocational school or area vocational-technical school immediately prior to the consolidation of such area vocational school or area vocational-technical school with such community college and as a result of such consolidation such course or program is now being offered by the community college. (b) The provisions of this section shall expire on June 30, 2003. Sec. 55. On July 1, 1999, K.S.A. 1998 Supp. 71-602 shall be and is hereby amended to read as follows: 71-602. (a) Each community college is entitled to receive credit hour state aid. The basis for payments of credit hour state aid for community colleges for each credit hour of each duly enrolled student shall be: (1) For each credit hour in any subject or course which is not part of a vocational education program approved by the state board under the provisions of article 44 of chapter 72 of Kansas Statutes Annotated, an amount which shall be provided for by the legislature in acts making appropriations for the credit hour state aid entitlement of community colleges; and (2) for each credit hour in any subject or course which is part of a vocational education program approved by the state board under the provisions of article 44 of chapter 72 of Kansas Statutes Annotated, an amount which shall be determined by the state board by multiplying by 11/2 the amount provided for by the legislature under (1), except that the amount provided for by the legislature under (1) for each credit hour of each student shall be multiplied by two if the credit hour is in any subject or course which is part of an approved vocational edu- cation program which is offered in a community college which is also officially designated as an area vocational school by the state board or if the credit hour is in any subject or course which is part of an approved vocational education program transferred to a community college in ac- cordance with an agreement made and entered into under authority of K.S.A. 71-1507, and amendments thereto. (b) Credit hour state aid payments shall be made only for credit hours of duly enrolled students if such students, as determined by the state board, are residents of the state of Kansas or are considered residents of the state of Kansas pursuant to the provisions of K.S.A. 1998 Supp. 71- 407, and amendments thereto. (c) The determination of credit hours of duly enrolled students shall be made at times prescribed by the state board (d) The provisions of this section shall expire on June 30, 2000. Sec. 56. On July 1, 1999, K.S.A. 1998 Supp. 71-607 shall be and is hereby amended to read as follows: 71-607. (a) Each community college is entitled to receive out-district state aid payments in amounts deter- mined as provided in this section. From reports and information provided by each community college, and from such additional audits and inves- tigations as are conducted by the state regents, the state board shall determine the amount of out-district tuition each community college is entitled to bill to counties each year, and the entitlement to out-district state aid of each community college shall be an amount equal thereto plus (1) an amount equal to the amount of out- district tuition disallowed under the provisions of K.S.A. 71-304, and amendments thereto, and (2) an amount equal to the amount of out- district tuition disallowed under the provisions of subsection (c) of the number of duly enrolled students considered residents of the state pursuant to the provisions of K.S.A. 1998 Supp. 71-407, and amendments thereto, times the amount specified in subsection of section 29, and amendments thereto, for each credit hour of each such duly enrolled student. (b) (1) Out-district state aid payments shall be made only for credit hours of students specified in provision (3) of subsection (a) if such stu- dents, as determined by the state board, have not more than 64 credit hours from any institution of postsecondary education or the students have not more than 72 credit hours and are enrolled in terminal type nursing courses or freshman-sophomore level preengineering courses. (2) The credit hour limitations prescribed by provision (1) of this subsection do not apply to credit hours of students if such students, as determined by the state board, are enrolled in an approved vocational education program at a community college for the purpose of receiving vocational or technical training or retraining in preparation for gainful employment. (3) The provisions of this subsection shall expire on June 30, 1999. (c) The provisions of this section shall expire on June 30, 2000. Sec. 57. On July 1, 1999, K.S.A. 1998 Supp. 71-619 shall be and is hereby amended to read as follows: 71-619. (a) Each community college is entitled to receive general state aid payments in amounts determined by the state board as provided in this section. (b) In each fiscal year, the state board shall: (1) Determine full-time equivalent enrollment of each community college and total full-time equivalent enrollment of all community col- leges. (2) Determine the assessed valuation of each community college. (3) Compute the assessed valuation per student of each community college by dividing its assessed valuation by its full-time equivalent en- rollment. The quotient is the assessed valuation per student of the com- munity college. (4) Determine the median assessed valuation per student of all com- munity colleges by ranking the community colleges from high to low on the basis of assessed valuation per student of each community college and identify the community college which is located at the median. The me- dian assessed valuation per student of all community colleges is the as- sessed valuation per student of the community college identified as being located at the median. (5) Compute the wealth factor of each community college by dividing the median assessed valuation per student of all community colleges by the assessed valuation per student of the community college. The quotient is the wealth factor of the community college. (6) Determine on the basis of total full-time equivalent enrollment of all community colleges a per student guarantee by computing the amount thereof which is required to distribute to the community colleges the total amount of the appropriation from the state general fund for general state aid for the fiscal year. (7) Multiply the per student guarantee determined in provision (6) by the full-time equivalent enrollment of the community college. (8) Multiply the product obtained in provision (7) by the wealth factor of the community college. The product is the amount of general state aid to which the community college is entitled. (c) As used in this section: (1) ``Assessed valuation of a community college'' means the assessed valuation of the taxable tangible property within the community college district. (2) ``Taxable tangible property'' means all real and tangible personal property which is subject to general ad valorem taxation. (3) ``Full-time equivalent enrollment'' means the quotient obtained by dividing by 15 the total credit hour enrollment of students of a com- munity college who on September 15 are residents of the state of Kansas or are considered residents of the state of Kansas pursuant to the provi- sions of K.S.A. 1998 Supp. 71-407, and amendments thereto, plus the total credit hour enrollment of such students of the community college for courses taught in the summer term and for courses approved to be conducted as of September 15, the beginning dates of which courses are after September 15 but prior to December 1. (d) The provisions of this section shall expire on June 30, 2000. Sec. 58. On July 1, 2000, K.S.A. 72-6501 shall be and is hereby amended to read as follows: 72-6501. As used in this act: (a) ``University'' means Washburn university of Topeka; (b) ``state board'' means the state board of regents (c) ``state grant'' means the operating grant provided for under sub- section (a) of K.S.A. 72-6503, and amendments thereto, and if entitlement is determined, the quality performance grant provided for under subsec- tion (b) of K.S.A. 72-6503, and amendments thereto. New Sec. 59. (a) The state board shall: (1) Review the university's mission and goals statement, strategies for achieving mission focus and attaining identified goals, academic and administrative program review process, and established priorities for enhancement of academic disci- plines; and (2) identify and approve core indicators of quality performance for the university. The core indicators of quality performance identified and approved for the university shall be consonant with the core indica- tors of quality performance identified and approved for the state educa- tional institutions. (b) From reports, documents, data and such other information as the university may provide in each fiscal year, the state board shall determine the effectiveness of the university in complying with its mission and goals statement and in meeting the core indicators of quality performance. Sec. 60. On July 1, 2000, K.S.A. 72-6503 shall be and is hereby amended to read as follows: 72-6503. (a) In each fiscal year, commencing with fiscal year ating grant from the state general fund in an amount The state board shall: (1) Determine of moneys from the state general fund expended per FTE lower division undergraduate student in the preceding fiscal year at the regional state educational institutions; (2) (A) in the 2001 fiscal year, compute 50% of the amount deter- mined under (1); (B) in the 2002 fiscal year, compute 55% of the amount determined under (1); (C) in the 2003 fiscal year, compute 60% of the amount determined under (1); (D) in the 2004 fiscal year and in each fiscal year thereafter, compute 65% of the amount determined under (1); (3) multiply the amount computed under (2) by the number of FTE students of the university. The product is the amount of the operating grant the university is entitled to receive for the fiscal year. (b) In each fiscal year, commencing with the 2003 fiscal year, the university is eligible to receive a quality performance grant from the state general fund. If the state board determines that the university has dem- onstrated effectiveness in complying with its mission and goals statement and has met or exceeded the core indicators of quality performance iden- tified and approved for the university by the state board, the university shall receive a quality performance grant in an amount which shall be determined by the state board by computing 2% of the amount of the operating grant the university received in the preceding fiscal year. The computed amount is the amount of the quality performance grant the university shall receive for the fiscal year. (c) (1) For the purposes of this section, the FTE enrollment of the university shall be based on: (A) Enrollment of students who are residents of the state of Kansas; and (B) the greater of FTE enrollment in the current fiscal year or FTE enrollment in the preceding fiscal year. (2) As used in this section, the term regional state educational insti- tutions means Emporia state university, Fort Hays state university and Pittsburg state university and the term lower division undergraduate stu- dent means a freshman or sophomore. eral fund shall not be expended for the purpose of expansion of graduate programs or for the purpose of expansion of off-campus programs without the prior approval of the state board. New Sec. 61. (a) In the 2001 fiscal year, the university is eligible for entitlement to a transitional state grant. Entitlement of the university to a transitional state grant shall be determined by the state board as pro- vided in this subsection. The state board shall: (1) Determine the amount of the operating grant received by the university in the 2000 fiscal year; (2) determine the amount of the operating grant the university is entitled to receive for the 2001 fiscal year. If the amount determined under (2) is greater than the amount determined under (1), the eligibility of the university to a transitional state grant shall lapse. If the amount determined under (1) is greater than the amount determined under (2), the university is entitled to a transitional state grant in an amount which shall be determined by the state board by subtracting the amount deter- mined under (2) from the amount determined under (1). The difference is the amount of the transitional state grant the university is entitled to receive for the 2001 fiscal year. (b) The distribution of the appropriation for a transitional state grant to the university if entitlement to the grant is determined shall be made at a time to be determined by the state board. The state board shall certify to the director of accounts and reports the amount due to the university, and the director of accounts and reports shall draw a warrant upon the state treasurer in favor of the university for such amount. (c) The provisions of this section shall expire on June 30, 2001. Sec. 62. On July 1, 2000, K.S.A. 72-6504 shall be and is hereby amended to read as follows: 72-6504. (a) On or before November 1 and on or before April 1 of each year, the president and treasurer of the university shall certify under oath to the state board the total number of duly enrolled credit hours of students of the university during the current may require the university to furnish any additional information deemed necessary by it to carry out the provisions of this act and shall prescribe such forms, to be approved by the attorney general, as may be necessary for making such reports. (b) Persons enrolling in the university who, if adults, have not been, or if minors, whose parents have not been residents of the state of Kansas for at least six nonresidents for the purpose of determination of entitlement and regulations prescribing criteria or guidelines for determination of residence of students, so long as such criteria or guidelines are not in conflict with the provisions of this section, and may make conclusive de- termination of any residence matter for the purpose of determination of entitlement Sec. 63. On July 1, 2000, K.S.A. 72-6505 shall be and is hereby amended to read as follows: 72-6505. From student residency information the amount the university is entitled to receive as records of the university to verify the accuracy of the reports and other information submitted by the university. The state board may promulgate rules and regulations governing the administration of this act. If the university is paid more than it is entitled to receive the university of the amount of such overpayment, and the university shall remit the same to the state board, the state treasury to the credit of the fund, and if the university fails so to remit, the state board shall deduct the excess amount so paid from future payments becoming due to the university. Sec. 64. On July 1, 2000, K.S.A. 72-6506 shall be and is hereby amended to read as follows: 72-6506. The payment to the university of the total amount of its stantially equal amounts on August 1 and January 1 of each year, or as soon thereafter as possible. The state board shall certify, on or before July 20 and December 20 of each year, to the director of accounts and reports the amount due the university from the state general fund on August 1 or on January 1, as the case may be, and the director shall draw a warrant upon the state treasurer in favor of the university for such amount. Upon receipt of such warrant, the treasurer of the university shall credit the same to the general fund of the university. All moneys received by the university under this section shall be used to pay current operating expenses of the university, and shall not be used for the making of capital improvements. Sec. 65. On July 1, 2000, K.S.A. 72-6508 shall be and is hereby amended to read as follows: 72-6508. The university shall be eligible to receive payments of continue and further its traditional program of operating a liberal arts college, a school of business, a school of law, a school of nursing and a school of applied studies. While receiving payments from the state general fund, the university shall be limited to associates, bachelors, masters and juris doctor degree work and shall not establish specialized schools such as journalism, medicine, pharmacy and engineering, or other new edu- cational schools unless authorized by act of the legislature. Sec. 66. On July 1, 2000, K.S.A. 72-6509 shall be and is hereby amended to read as follows: 72-6509. The university shall not be eligible to receive payments of unless it is currently a member in good standing of the north central association of colleges and universities. Sec. 67. On July 1, 1999, K.S.A. 13-13a25, as amended by section 7 of 1999 House Bill No. 2565, shall be and is hereby amended to read as follows: 13-13a25. (a) As used in K.S.A. 13-13a25 through 13-13a34, and amendments thereto: every county in which there is not located a municipal university and the township trustee, township clerk and township treasurer, acting as a board, of every township within every county in which there is located a municipal university, except that board of levy shall not include a township within a county in which there is located a municipal university which has levied a countywide retailer's sales tax. lished under the provisions of article 13a of chapter 13 of Kansas Statutes Annotated. municipal university. located a municipal university and every township within every county in which there is located a municipal university, except that taxing subdivi- sion shall not include a township within a county in which there is located a municipal university which has levied a countywide retailer's sales tax. (b) The provisions of this section shall expire on June 30, 2003. Sec. 68. On July 1, 1999, K.S.A. 13-13a26 shall be and is hereby amended to read as follows: 13-13a26. (a) The board of regents of a municipal university, in accordance with rules and regulations of the state board, shall determine and collect an amount of out-district tuition to be charged for each student attending the municipal university whose resi- dence is outside of the municipal university district. (b) The board of levy of any taxing subdivision charged with payment of out-district tuition shall levy a tax on all of the taxable property of the taxing subdivision sufficient to pay all out-district tuition charges author- ized by this act. (c) The proceeds from the tax levied under authority of this section shall be deposited in a special fund for payment of out-district tuition. Upon receiving a statement of charges for out-district tuition the board of levy shall allow and pay the same promptly from the special fund. If there is insufficient or no money in the special fund, out-district tuition shall be paid from the general fund of the taxing subdivision or from the proceeds of the sale of no-fund warrants issued for the purpose of the payment of out-district tuition. (d) The total out-district tuition charged by a municipal university shall be: (1) For the 2000 fiscal year, an amount equal to the number of duly enrolled out-district students times $24 for each credit hour of each such duly enrolled out-district student; (2) for the 2001 fiscal year, an amount equal to the number of duly enrolled out-district students times $18 for each credit hour of each such student; (3) for the 2002 fiscal year, an amount equal to the number of duly enrolled out-district students times $12 for each credit hour of each such student; and (4) for the 2003 fiscal year, an amount equal to the number of duly enrolled out-district students time $6 for each credit hour of each such student. (e) Out-district tuition shall only be charged for credit hours of stu- dents if such students, as determined by the state board, have not more than 64 credit hours from any institution of postsecondary education or the students have not more than 72 credit hours and are enrolled in terminal type nursing courses or freshman-sophomore preengineering courses. (f) Expenditures for out-district tuition shall be exempt from the budget law of this state to the extent of such payments not anticipated in the budget of the taxing subdivision. (g) The levy of taxes and the payment of out-district tuition by coun- ties required under the provisions of this section shall not be subject to the exercise of home rule by counties under the provisions of article 1 of chapter 19 of Kansas Statutes Annotated. Counties shall have no power to exempt from, or effect changes in, the provisions of this section. (h) Taxes levied by townships under the authority of this section shall be in addition to all other tax levies authorized or limited by law and shall not be subject to or within the aggregate tax levy limit prescribed by K.S.A. 79-1962, and amendments thereof. (i) In May of each fiscal year, the board of regents shall notify each board of levy of the approximate amount of out-district tuition which will be charged to the taxing subdivision in the succeeding fiscal year. (j) The provisions of this section shall expire on June 30, 2003. Sec. 69. On July 1, 1999, K.S.A. 13-13a27 shall be and is hereby amended to read as follows: 13-13a27. (a) Out-district tuition shall be based only upon enrollments of students who are residents of the state of Kansas. For the purpose of determination of out-district tuition: (1) Persons enrolling in a municipal university who, if adults, have not been, or if minors, whose parents have not been, residents of the state of Kansas for six months prior to enrollment for any term or session are nonresidents of the state of Kansas; and (2) persons enrolling in a municipal university who, if adults, have not been, or if minors, whose parents have not been, residents of the municipal university district for six months prior to en- rollment for any term or session are nonresidents of the municipal uni- versity district. (b) For the purpose of determining residence of persons, the resi- dence of minors shall be determined as provided in K.S.A. 72-1046, and amendments thereto, and of adults as provided in subpart twenty-third of K.S.A. 77-201 and amendments thereto. (c) The state board of lations prescribing criteria or guidelines for determination of residence of students and shall make conclusive determination of any residence matter for the purpose of determination of liability of taxing subdivisions for out-district tuition. (d) The provisions of this section shall expire on June 30, 2003. Sec. 70. On July 1, 1999, K.S.A. 13-13a29 shall be and is hereby amended to read as follows: 13-13a29. (a) The determination of credit hours of duly enrolled out-district students shall be made at the end of the fifth week of the regular spring and fall semesters and at the end of the equivalent period for summer sessions. The determination of credit hours of duly enrolled out-district students for payments for short-term courses shall be made at such times as are prescribed by the state board of (b) On or before November 1 and on or before April 1 of each year, the president and treasurer of a municipal university shall certify under oath to the state board the total number of duly enrolled credit hours of out-district students of the municipal university during the current school term. The state board may require a municipal university to furnish any additional information deemed necessary by it to carry out the provisions of this act and shall prescribe such forms, to be approved by the attorney general, as may be necessary for making such reports. (c) The state board and the post auditor may audit the records of a municipal university to verify the accuracy of the reports submitted by the municipal university. The state board may promulgate rules and reg- ulations for the administration of this act. (d) The provisions of this section shall expire on June 30, 2003. Sec. 71. On July 1, 1999, K.S.A. 13-13a31 shall be and is hereby amended to read as follows: 13-13a31. (a) Subject to the provisions of subsection (b), no out-district tuition shall be charged or paid for any student attending a municipal university whose residence outside the mu- nicipal university district is in a taxing subdivision in which there is located a community college. (b) The provisions of subsection (a) shall not apply to any such out- district student when the course of study or program which the student selects, or a course of study or program which is substantially equivalent thereto, is not offered in the community college which is located in the taxing subdivision in which such student resides. (c) The provisions of this section shall expire on June 30, 2003. Sec. 72. On July 1, 1999, K.S.A. 13-13a32 shall be and is hereby amended to read as follows: 13-13a32. (a) Subject to the provisions of subsection (b), no out-district tuition shall be charged to or paid by any county in which there is located a municipal university for any student attending a community college whose residence outside the community college district is in a county in which there is located a municipal uni- versity. (b) The provisions of subsection (a) shall not apply to any such out- district student when the course of study or program which the student selects, or a course of study or program which is substantially equivalent thereto, is not offered in the municipal university which is located in the county in which such student resides. (c) Sec. 73. On July 1, 1999, K.S.A. 13-13a33 shall be and is hereby amended to read as follows: 13-13a33. (a) The state board of regents shall adopt rules and regulations prescribing criteria or guidelines for the purpose of determining which courses of study and programs offered in the community colleges are substantially equivalent to the courses of study and programs offered in municipal universities. A cur- rent, complete list of such courses of study and programs shall be main- tained on file in the of regents, and shall be open for public inspection at any reasonable time. (b) The provisions of this section shall expire on June 30, 2003. Sec. 74. On July 1, 1999, K.S.A. 13-13a34 shall be and is hereby amended to read as follows: 13-13a34. (a) No out-district tuition charged by a municipal university shall be based upon any course or program which is taught in an area vocational school, an area vocational-technical school, or a technical college under an agreement with the municipal university and for which payments of state or federal moneys are made to the area vocational school, area vocational-technical school, or tech- nical college under the provisions of article 44 of chapter 72 of Kansas Statutes Annotated. (b) The provisions of this section shall expire on June 30, 2003. New Sec. 75. (a) The state board of regents shall identify and ap- prove core indicators of quality performance for the state educational institutions and shall establish and implement a data management system that includes a process and format for collecting, aggregating and re- porting common and institution-specific information documenting ef- fectiveness of the institutions in meeting the role and mission thereof. (b) In each fiscal year, commencing with the 2003 fiscal year, each state educational institution is eligible to receive a quality performance grant from the state general fund. If the state board determines that the state educational institution has demonstrated effectiveness in complying with its role and mission statement and has met or exceeded the core indicators of quality performance for the state educational institutions identified and approved by the state board, the state educational insti- tution shall receive a quality performance grant in an amount that shall be determined by the state board by computing 2% of the amount of the institution's appropriation from the state general fund for the preceding fiscal year. The computed amount is the amount of the quality perform- ance grant the state educational institution shall receive for the fiscal year. New Sec. 76. (a) In each of the fiscal years 2001 through 2004, the state educational institutions are entitled to faculty salary enhancement grants in amounts to be determined by the state board. The state board shall: (1) Determine in the 2001 fiscal year the difference between the amount of state aid received by the community colleges in the 2000 fiscal year less the amount of out-district tuition received by the community colleges in such fiscal year and the amount of operating grants to which the community colleges are entitled in the 2001 fiscal year less the amount of out-district tuition supplanted by such operating grants; and (2) determine in each of the 2002 through 2004 fiscal years the dif- ference between the amount of operating grants received by the com- munity colleges in the preceding fiscal year less the amount of out-district tuition received by the community colleges in such fiscal year and the amount of operating grants to which the community colleges are entitled in the current fiscal year less the amount of out-district tuition supplanted by such operating grants. (b) An amount equal to the amount of the difference determined under provisions (1) and (2) of subsection (a) in each of the fiscal years 2001 through 2004 shall be allocated by the state board of regents as faculty salary enhancement grants to the state educational institutions. (c) The provisions of this section shall expire on June 30, 2004. New Sec. 77. (a) The state board of regents shall identify and ap- prove core indicators of quality performance for vocational education schools and technical colleges and shall establish and implement a data management system that includes a process and format for collecting, aggregating and reporting common and institution-specific information documenting effectiveness of the schools and colleges in meeting the role and mission thereof. (b) In each fiscal year, commencing with the 2003 fiscal year, each vocational education school and technical college is eligible to receive a quality performance grant from the state general fund. If the state board determines that the school or college has demonstrated effectiveness in complying with its role and mission statement and has met or exceeded the core indicators of quality performance for vocational education schools and technical colleges identified and approved by the state board, the school or college shall receive a quality performance grant in an amount which shall be determined by the state board by computing 2% of the amount of postsecondary aid the school or college received in the preceding fiscal year. The computed amount is the amount of the quality performance grant the school or college shall receive for the fiscal year. (c) The distribution of the appropriation for quality performance grants to vocational education schools and technical colleges entitled to such grants shall be made at a time to be determined by the state board. The state board shall certify to the director of accounts and reports the amount due to each vocational education school and technical college entitled to a grant, and the director of accounts and reports shall draw a warrant upon the state treasurer in favor of the school or college for such amount. Upon receipt of the warrant, the treasurer of the school or col- lege shall credit the amount of the warrant to the general fund. Sec. 78. On July 1, 1999, K.S.A. 12-16,102 shall be and is hereby amended to read as follows: 12-16,102. (a) Except as provided in this section, ``taxing subdivision'' means any city, county, township having authority to levy taxes on taxable tangible property. A community college district shall not be considered a taxing subdivision for the purpose of this section. A school district shall not be considered a taxing subdivi- sion for the purpose of this section except that any school district oper- ating a public library pursuant to K.S.A. 72-1623, and amendments thereto, for that purpose, shall be considered a taxing subdivision for the purpose of this section. (b) Any taxing subdivision may create and establish employee benefits contribution funds for (1) the taxing subdivision or (2) any political sub- division for which a tax is levied by such taxing subdivision for the purpose of paying the employer's share of any employee benefits, exclusive of any salaries, wages or other direct payments to such employees, as may be prescribed in the ordinance or resolution of the governing body creating such funds. The taxing subdivision may receive and place in such funds any moneys from any source whatsoever which may be lawfully utilized for the purposes stated in the ordinance or resolution creating such funds, including the proceeds of tax levies authorized by law for such purposes. (c) The governing body of any taxing subdivision having established employee benefits funds under subsection (b) is hereby authorized to levy an annual tax upon all taxable tangible property within the taxing subdi- vision in an amount determined by the governing body to be necessary for the purposes for which such funds were created and to pay a portion of the principal and interest on bonds issued under the authority of K.S.A. 12-1774, and amendments thereto, by cities located in the county. Sec. 79. On July 1, 1999, K.S.A. 1998 Supp. 19-101a shall be and is hereby amended to read as follows: 19-101a. (a) The board of county commissioners may transact all county business and perform all powers of local legislation and administration it deems appropriate, subject only to the following limitations, restrictions or prohibitions: (1) Counties shall be subject to all acts of the legislature which apply uniformly to all counties. (2) Counties may not consolidate or alter county boundaries. (3) Counties may not affect the courts located therein. (4) Counties shall be subject to acts of the legislature prescribing limits of indebtedness. (5) In the exercise of powers of local legislation and administration authorized under provisions of this section, the home rule power con- ferred on cities to determine their local affairs and government shall not be superseded or impaired without the consent of the governing body of each city within a county which may be affected. (6) Counties may not legislate on social welfare administered under state law enacted pursuant to or in conformity with public law No. 271-- 74th congress, or amendments thereof. (7) Counties shall be subject to all acts of the legislature concerning elections, election commissioners and officers and their duties as such officers and the election of county officers. (8) Counties shall be subject to the limitations and prohibitions im- posed under K.S.A. 12-187 to 12-195, inclusive, and amendments thereto, prescribing limitations upon the levy of retailers' sales taxes by counties. (9) Counties may not exempt from or effect changes in statutes made nonuniform in application solely by reason of authorizing exceptions for counties having adopted a charter for county government. (10) No county may levy ad valorem taxes under the authority of this section upon real property located within any redevelopment area estab- lished under the authority of K.S.A. 12-1772, and amendments thereto, unless the resolution authorizing the same specifically authorized a por- tion of the proceeds of such levy to be used to pay the principal of and interest upon bonds issued by a city under the authority of K.S.A. 12- 1774, and amendments thereto. (11) Counties shall have no power under this section to exempt from any statute authorizing or requiring the levy of taxes and providing sub- stitute and additional provisions on the same subject, unless the resolution authorizing the same specifically provides for a portion of the proceeds of such levy to be used to pay a portion of the principal and interest on bonds issued by cities under the authority of K.S.A. 12-1774, and amend- ments thereto. (12) Counties may not exempt from or effect changes in the provi- sions of K.S.A. 19-4601 to 19-4625, inclusive, and amendments thereto. (13) Except as otherwise specifically authorized by K.S.A. 12-1,101 to 12-1,109, inclusive, and amendments thereto, counties may not levy and collect taxes on incomes from whatever source derived. (14) Counties may not exempt from or effect changes in K.S.A. 19- 430, and amendments thereto. Any charter resolution adopted by a county prior to July 1, 1983, exempting from or effecting changes in K.S.A. 19-430, and amendments thereto, is null and void. (15) Counties may not exempt from or effect changes in K.S.A. 19- 302, 19-502b, 19-503, 19-805 or 19-1202, and amendments thereto. (16) (A) Counties may not exempt from or effect changes in K.S.A. 13-13a26, and amendments thereto. Any charter resolution adopted by a county, prior to the effective date of this act, exempting from or effecting changes in K.S.A. 13-13a26, and amendments thereto, is null and void. (B) This provision shall expire on June 30, 2003. (17) (A) Counties may not exempt from or effect changes in K.S.A. 71-301, and amendments thereto. Any charter resolution adopted by a county, prior to the effective date of this act, exempting from or effecting changes in K.S.A. 71-301, and amendments thereto, is null and void. (B) This provision shall expire on June 30, 2003. (18) Counties may not exempt from or effect changes in K.S.A. 19- 15,139, 19-15,140 and 19-15,141, and amendments thereto. Any charter resolution adopted by a county prior to the effective date of this act, exempting from or effecting changes in such sections is null and void. (19) Counties may not exempt from or effect changes in the provi- sions of K.S.A. 12-1223, 12-1225, 12-1225a, 12-1225b, 12-1225c and 12- 1226, and amendments thereto, or the provisions of K.S.A. 1998 Supp. 12-1260 to 12-1270, inclusive, and amendments thereto, and 12-1276, and amendments thereto. (20) Counties may not exempt from or effect changes in the provi- sions of K.S.A. 19-211, and amendments thereto. (21) Counties may not exempt from or effect changes in the provi- sions of K.S.A. 19-4001 to 19-4015, inclusive, and amendments thereto. (22) Counties may not regulate the production or drilling of any oil or gas well in any manner which would result in the duplication of reg- ulation by the state corporation commission and the Kansas department of health and environment pursuant to chapter 55 and chapter 65 of the Kansas Statutes Annotated and any rules and regulations adopted pur- suant thereto. Counties may not require any license or permit for the drilling or production of oil and gas wells. Counties may not impose any fee or charge for the drilling or production of any oil or gas well. (23) Counties may not exempt from or effect changes in K.S.A. 79- 41a04, and amendments thereto. (24) Counties may not exempt from or effect changes in K.S.A. 79- 1611, and amendments thereto. (25) Counties may not exempt from or effect changes in K.S.A. 79- 1494, and amendments thereto. (26) Counties may not exempt from or effect changes in subsection (b) of K.S.A. 19-202, and amendments thereto. (27) Counties may not exempt from or effect changes in subsection (b) of K.S.A. 2-1915, 19-204, and amendments thereto. (28) Counties may not levy or impose an excise, severance or any other tax in the nature of an excise tax upon the physical severance and production of any mineral or other material from the earth or water. Any resolution adopted by any county prior to the effective date of this act imposing or levying any such tax is null and void. (29) Counties may not exempt from or effect changes in K.S.A. 79- 2017 or 79-2101, and amendments thereto. Any charter resolution adopted prior to the effective date of this act, which affected the provi- sions of K.S.A. 79-2017 or 79-2101, and amendments thereto, is hereby declared to be null and void. (30) Counties may not exempt from or effect changes in K.S.A. 2- 1915, 2-3302, 2-3305, 2-3307, 17-5904, 17-5908, 47-1219, 65-171d, 74- 5065, 74-5066, 74-8902, 74-8905 and 79-32,117, K.S.A. 1998 Supp. 65- 1,178 through 65-1,198, 2-3318, 79-32,204, 65-1,199 and 17-5909 and amendments thereto or revivers thereof. (b) Counties shall apply the powers of local legislation granted in subsection (a) by resolution of the board of county commissioners. If no statutory authority exists for such local legislation other than that set forth in subsection (a) and the local legislation proposed under the authority of such subsection is not contrary to any act of the legislature, such local legislation shall become effective upon passage of a resolution of the board and publication in the official county newspaper. If the legislation proposed by the board under authority of subsection (a) is contrary to an act of the legislature which is applicable to the particular county but not uniformly applicable to all counties, such legislation shall become effec- tive by passage of a charter resolution in the manner provided in K.S.A. 19-101b, and amendments thereto. Sec. 80. On July 1, 1999, K.S.A. 79-5021 shall be and is hereby amended to read as follows: 79-5021. As used in K.S.A. 79-5021 to 79- 5035, inclusive, and amendments thereto: (a) ``Taxing subdivision'' means every taxing district in the state of Kansas other than the state and the community colleges organized and operating under the laws of the state; (b) ``base year'' means either 1988 or 1989, whichever is designated by the taxing subdivision as its base year; and (c) ``assessed valuation amount for 1989'' means the taxable tangible assessed valuation as shown on the November 1, 1989, abstract transmitted to the director of property val- uation pursuant to K.S.A. 79-1806 adjusted by changes in valuations which were made prior to July 1, 1990. Sec. 81. On July 1, 1999, K.S.A. 79-5022 shall be and is hereby amended to read as follows: 79-5022. (a) In 1990 and in each year there- after, all existing statutory fund mill levy rate and aggregate levy rate limitations on taxing subdivisions are hereby suspended. (b) Except as otherwise provided in K.S.A. 79-5024 to 79-5027, in- clusive, and amendments thereto, no city, county, township university county any tax levies upon tangible property, excluding levies specified in K.S.A. 79-5028, and amendments thereto, which in the aggregate will produce an amount in excess of the amount which was levied by such taxing subdivision in the base year. (c) In 1990, and each year thereafter, the fund levy limits shall be increased by multiplying the dollar amount produced by the levy limit for 1988 by the quotient determined by dividing the assessed tangible valu- ation amount of the current year by the assessed valuation amount for 1989. The provisions of this subsection shall not be applicable to any city, county, township Sec. 82. On July 1, 1999, K.S.A. 79-5024 shall be and is hereby amended to read as follows: 79-5024. (a) Whenever the taxable assessed tangible valuation of any city, county, township or by increased personal property valuation, or both, the amount which would be produced by the aggregate tax levy authorized under K.S.A. 79- 5022, and amendments thereto, shall be adjusted to increase the amount authorized in the proportion that the assessed valuation of the new im- provements and the increased personal property valuation bears to the total assessed valuation amount for 1989. (b) Such city, county, township amendments thereto, and in addition thereto the amount produced by the levy on such new improvements and added personal property as pro- vided in this section Sec. 83. On July 1, 1999, K.S.A. 79-5025 shall be and is hereby amended to read as follows: 79-5025. In the event that any territory is added to an existing city, county, township gate tax levy otherwise authorized under K.S.A. 79-5022 and 79-5024, and amendments thereto, shall be adjusted to increase the amount au- thorized in the proportion that the assessed valuation of the tangible tax- able property in the territory added bears to the total taxable assessed tangible valuation of the city, county, township Sec. 84. On July 1, 1999, K.S.A. 79-5026 shall be and is hereby amended to read as follows: 79-5026. In the event that any taxable tan- gible property is excluded from the boundaries of any city, county, town- ship would be produced by the aggregate tax levy authorized under the pro- visions of K.S.A. 79-5022 and 79-5024, and amendments thereto, shall be adjusted to decrease the amount authorized in the proportion that the assessed valuation of the tangible property excluded bears to the total taxable assessed valuation of the city, county, township versity Sec. 85. On July 1, 1999, K.S.A. 79-5028 shall be and is hereby amended to read as follows: 79-5028. The provisions of K.S.A. 79-5021 to 79-5036, inclusive, and amendments thereto, shall not apply to or limit the levy of taxes for the payment of: (a) Principal and interest upon state infrastructure loans, bonds, tem- porary notes, no-fund warrants and payments made to a public building commission; (b) judgments, settlements and expenses for protection against lia- bility to the extent such expenses are authorized by article 61 of chapter 75 of the Kansas Statutes Annotated and amendments thereto; (c) employer contributions for social security, workers compensation, unemployment insurance, health care costs, employee benefit plans, and employee retirement and pension programs; (d) expenses incurred by counties for district court operations under the provisions of K.S.A. 20-348 or 20-349, and amendments thereto, and expenses incurred by counties for the detention of juveniles; (e) expenses incurred by counties for payment of out-district tuition to community colleges pursuant to K.S.A. 71-301, and amendments thereto, and expenses incurred by counties and townships for payment of out-district tuition to municipal universities pursuant to K.S.A. 13- 13a26, and amendments thereto, until expiration of this provision on June 30, 2003; (f) expenses incurred for the first time on and after January 1, 1996, by cities in effectuating programs specifically enacted and administered for the purpose of preventing juvenile delinquency and crime; (g) expenses incurred by any taxing subdivision for rebates to owners of property in connection with a neighborhood revitalization program instituted in accordance with K.S.A. 1997 Supp. 12-17,114 et seq., and amendments thereto; or (h) expenses incurred by any taxing subdivision necessary to interface with the state criminal justice information system. The provisions of K.S.A. 79-5021 to 79-5036, inclusive, and amend- ments thereto, do not apply to the tax levies authorized or required under K.S.A. 19-4004, 19-4011, 65-212 and 65-215 and amendments thereto. Amounts produced from any taxes levied for purposes specified in this section shall not be used in computing any aggregate limitation under the provisions of this act. In addition, amounts needed to be produced from the levy of taxes by a taxing subdivision to replace the difference between the amount of revenue estimated to be received by such taxing subdivision pursuant to K.S.A. 79-5101 et seq., and amendments thereto, in 1990, and the amount of such revenue estimated to be received by such taxing subdivision in each year thereafter shall not be used in computing any aggregate limitation under the provisions of this act. On or before June 1 of each year, information necessary to make such computation shall be provided to each taxing subdivision by the appropriate county treasurer. Sec. 86. On July 1, 1999, K.S.A. 79-5032 shall be and is hereby amended to read as follows: 79-5032. Whenever any city, county, town- ship law to levy taxes for the financing of the budget of any political or gov- ernmental subdivision of this state which is not authorized by law to levy taxes on its own behalf, and the governing body of such city, county, township or empowered to modify or reduce the amount of taxes levied therefor, the tax levies of such political or governmental subdivision shall not be included in or considered in computing the aggregate limitations upon the property tax levies of the city, county, township sity subdivision. The fund levy limits of such political or governmental sub- division shall be established in accordance with subsection (c) of K.S.A. 79-5022, and amendments thereto. Sec. 87. On July 1, 1999, K.S.A. 71-202 shall be and is hereby amended to read as follows: 71-202. Whenever a contract is made by a community college with one or more public or private institutions or agencies located cational education, the provisions of this section shall apply thereto. (a) Such contracts shall be made only with respect to places of in- struction located in one or more states adjoining the state of Kansas. (b) Whenever such a contract is made with a private agency or insti- tution, the same shall be limited to courses or programs related to the healing arts or medical skills or techniques and medical science. Every such contract shall contain a provision that the same may be nullified by a written notice at any time prior to May 1 of any year, with the nullifi- cation taking effect on June 1 of such year. (c) Such contracts shall be subject to limitation, change or termina- tion by the legislature, and shall contain a provision to such effect. (d) No such agreement shall take effect until approved by the state board Every board of trustees which makes a contract to which this section applies shall make such periodic and special reports of statistical and fi- nancial information to the state board state board any of the financial records of any such board and may enter and inspect any physical facility related to any such contract whether in this state or in another state. Sec. 88. On July 1, 1999, K.S.A. 71-211 shall be and is hereby amended to read as follows: 71-211. reports, with the advice of the state board of legislative educational planning committee, shall prescribe a standardized and uniform chart of accounts for use by all community colleges. Such chart of accounts shall be compatible with the revenues and expenditures classification system developed by the national association of college and university business officers. The chart of ac- counts shall be adaptable to manual or automated systems, and use of such chart of accounts is hereby required for all community colleges. Sec. 89. On July 1, 1999, K.S.A. 71-701 shall be and is hereby amended to read as follows: 71-701. As used in this act (a) lege established under the provisions of this act. The official name of a community college shall be ``the ________ community college'' and the blank shall be filled with the name of the city or county. (b) gents. (c) of a community college. (d) community college. (e) colleges as to time amended by the state board upon recommendation of the advisory council; such plan may include other matters listed in the college act (f) ings and facilities of a community college. (g) for by K.S.A. 71-901, and amendments thereto. (h) by students for the privilege of attending a community college and means the president or one so appointed by the board of trustees. Sec. 90. On July 1, 1999, K.S.A. 71-802 shall be and is hereby amended to read as follows: 71-802. At any time, if the state board of deemed approved has failed to comply with the provisions of this act or with any provision of a rule or regulation adopted pursuant to this act, or fails to meet the standards contained in this act, the state board of has failed to correct the deficiency noted, the state board of regents shall withdraw approval of the community college and it shall not be entitled to state aid during the continuance of any such period of withdrawal. Any action of the state board of denying or withdrawing approval of a community college shall be subject to review by the legislature. Sec. 91. On July 1, 1999, K.S.A. 71-901 shall be and is hereby amended to read as follows: 71-901. There is hereby established the ad- visory council of community colleges which shall be composed of cations and terms as follows: (a) One member of the colleges and vocational/technical education nominated by the state board of regents for a term concurrent with member of the (b) one member of the state board of education nominated by the state board of education for a term concurrent with ber's term as member of the state board of education; (c) one chief lege for a term concurrent with years; (d) one member of for a term concurrent with of trustees but not to exceed four (e) a representative of private colleges nominated by the Kansas as- sociation of private colleges for a term not to exceed four (f) a representative of the secondary schools for a term not to exceed four (g) (h) four of labor, business and industry, agriculture, and the professions for terms of four years. As vacancies occur or terms expire for members of the advisory council, appointments of successors shall be made as for the appointments of their predecessors. The state board and the officer of the state board shall be notified of all meetings of the advisory council and may attend ber of the state board who is a member of the advisory council, shall not be voting members Members of the advisory council attending meetings of such council, or attending a subcommittee meeting thereof authorized by such council, shall be paid amounts provided in subsection (e) of K.S.A. 75-3223, and amendments thereto. Sec. 92. On July 1, 1999, K.S.A. 71-902 shall be and is hereby amended to read as follows: 71-902. The advisory council shall hold two regular meetings each year. The council shall elect a son and Meetings of the advisory council may be called by the state board of the advisory council or by any four All meetings of the advisory council shall be held in the city of Topeka or at such place as shall be determined by the advisory council. Sec. 93. On July 1, 1999, K.S.A. 71-1104 shall be and is hereby amended to read as follows: 71-1104. Whenever an election for approval of the establishment of a community college is held as provided in sub- section (d) of K.S.A. 71-1103, and amendments thereto, the results of such election shall be certified to the state board by the election officer of each county in which there is located any part of the territory of the proposed community college tabulate and canvass the vote if more than one county is involved, and shall examine the vote if only one county is involved. After such exami- nation or canvass the state board of the election and if it finds that a majority of those voting at the election voted in favor of the proposition to establish the community college, it shall so announce and issue an order establishing the same. Sec. 94. On July 1, 1999, K.S.A. 71-1105 shall be and is hereby amended to read as follows: 71-1105. The order of the state board following: lege district. college for the purpose of taxation. munity college. trustees, and a date two weeks prior thereto upon which the primary election, if needed, shall be held. which shall initially apply in such community college district, and the voting plan and method of election shall be selected from those specified in chapter 71 of Kansas Statutes Annotated. If a member district method is selected the boundary of each member district shall be set forth. shall be locally responsible for conduct of the first election of trustees, and if more than one election officer is involved, the order shall also provide for certification of the results in each county to the state board of the final result thereof, both in the primary and general elections. trustees. Sec. 95. On July 1, 1999, K.S.A. 71-1106 shall be and is hereby amended to read as follows: 71-1106. The order establishing any new community college shall be certified to the election officer or officers of the county or counties in which any part of the territory of the community college is located, and to the board of education of any sponsoring school district, and a copy of such order shall be filed in the records of the state board Sec. 96. July 1, 1999, K.S.A. 71-1201 shall be and is hereby amended to read as follows: 71-1201. Territory may be added to any community college district which has been established under this act either by deemed approval or by election approval by one of the following methods: (a) The board of education of any unified district a part of which is in the community college district or which touches and adjoins a com- munity college district may petition the state board tachment of the territory of such unified district to the community college district for community college purposes. Upon receiving any petition un- der this subsection, the same shall be submitted to the advisory council for its advice and recommendations which, together with the petition, shall be presented to the state board petition the state board advisory council has so recommended. If the advisory council has not so recommended the state board trustees of the community college involved and may request its recom- mendation as to such attachment. If such request is made and if such board of trustees recommends such attachment the same may be ap- proved by the state board attachment of territory the state board county election officers of counties in which the territory to be attached is located, and such county election officers shall conduct an election for approval for such attachment in the area petitioned for attachment. Such election shall be conducted in accordance with the procedure for approval for establishment of a community college as specified in this act. The question submitted shall be: ``Shall the proposed attachment of territory to the ________ community college district be approved?'', and the blank shall be filled expenses of the election shall be paid by the community college. In the event that such attachment is so approved by such election the state board college district. The 1102, and amendments thereto, shall also apply to this subsection. (b) Any board of trustees may petition the state board for the attachment of any adjoining territory to the community college district. Such petition shall be processed as in subsection (a) of this sec- tion, except that in the event of disapproval by the advisory council the state board case such attachment shall not be made. If the advisory council approves such petition, the state board election officers of counties in which the territory to be attached is lo- cated, and such county election officers shall conduct an election for ap- proval of such attachment in the area petitioned for attachment. No at- tachment of territory shall be made under this subsection attachment has been approved by a majority of those voting in the ter- ritory to be attached. Such election shall be conducted in accordance with the procedure for approval of the establishment of community colleges as specified in this act. The question submitted shall be: ``Shall the pro- posed attachment of territory to the ________ community college dis- trict be approved?'', and the blank shall be filled with the name of the community college. In the event that such attachment is so approved by such election the state board the same to the community college district. The expenses of the election shall be paid by the community college. (c) No territory shall be attached to any community college district within tion of members of the board of trustees. (d) under subsection (a) or (b) election, no approval thereof shall be given by the state board and no proposition for approval thereof shall be submitted to any election until new proposed member districts for the community college territory as the same will exist after the addition of territory have been established by the state board Sec. 97. On July 1, 1999, K.S.A. 71-1309 shall be and is hereby amended to read as follows: 71-1309. (a) State board'' means the (b) ``County election officer'' means the election commissioner in counties clerk in counties which do not have an election commissioner. Sec. 98. On July 1, 1999, K.S.A. 71-1406 shall be and is hereby amended to read as follows: 71-1406. (a) Determination of any commu- nity college to change from one method of election to another method of election shall be by either one of the following: (1) The board, by a majority vote of the members-elect thereof, may adopt a resolution to change the method of election. Such resolution shall specify the existing method of election, and the proposed method of elec- tion, together with a statement that the change will be made only after the proposed change and plan for change are first approved by the state board (2) The board, by a majority vote of the members-elect thereof, may adopt a resolution to change the method of election. Such resolution shall specify the existing method of election and the proposed method of elec- tion, together with a statement that the change will not be made unless approved by a majority of the electors of the community college district voting at an election at which the question is submitted. Such resolution shall state that the plan of change is filed in the office of the clerk of the board. (b) Every plan of change shall also state the existing and proposed voting plan of the community college district, and such voting plan shall be one of the three amendments thereto. Sec. 99. On July 1, 1999, K.S.A. 71-1507 shall be and is hereby amended to read as follows: 71-1507. (a) The board of trustees of any community college and the board of any area vocational school or area vocational-technical school may make and enter into agreements provid- ing for the transfer from the area vocational school or area vocational- technical school to the community college of any approved vocational education program being offered and taught at the postsecondary level in the area vocational school or area vocational-technical school. (b) In the event the board of trustees of a community college and the board of an area vocational school or area vocational-technical school enter into an agreement authorized under subsection (a), the following conditions shall apply: (1) The state board of ment at the time the agreement is executed. (2) The agreement shall be effective only after approval by the state board of (3) Any vocational education program transferred in accordance with the agreement shall be offered and taught in the community college only after approval of the program by the state board of (4) The agreement shall be subject to change or termination by the legislature. (5) (A) The duration of the agreement shall be perpetual unless ter- minated in accordance with provision (B). (B) Termination of the agreement may be accomplished only upon approval by the state board of for termination by the contracting boards after adoption of a resolution to that effect by each such board. The state board of shall consider the petition and approve or disapprove termination of the agreement. Upon termination of the agreement, any program transferred thereunder shall be discontinued. Sec. 100. On July 1, 1999, K.S.A. 72-4408, as amended by section 1 of 1999 House Bill No. 2062, shall be and is hereby amended to read as follows: 72-4408. The state of Kansas hereby accepts the provisions and benefits of the Carl D. Perkins vocational and technical education act of 1998, and acts amendatory thereof and supplemental thereto. The state board of supervision of the administration of vocational education by local edu- cational agencies. The state board of prepare, from time to time amend, and administer the state plan for vocational education as provided in the above cited federal act. Sec. 101. On July 1, 1999, K.S.A. 1998 Supp. 72-4412, as amended by section 2 of 1999 House Bill No. 2062, shall be and is hereby amended to read as follows: 72-4412. As used in this act: (a) ``Board'' means the board of education of any school district, the board of trustees of any community college, the board of regents of any municipal university, the board of control of any area vocational-technical school, the governing body of any technical college, or the (b) ``Area vocational school'' means any vocational education school established under authority of the laws of this state, approved and offi- cially designated as an area vocational school by the state board, and operated under except for purposes of the construction of this act, may retain and use the name given to such school prior to the effective date of this act, even though such name includes the words ``area vocational-technical school.'' Until this provision is amended by or repealed from law, the state board shall not approve the establishment or operation of any area vocational school which has not been approved for establishment or officially des- ignated as an area vocational school prior to the effective date of this act, except that a community college which is consolidated with an area vo- cational school or area vocational-technical school under the provisions of K.S.A. 71-1701 through 71-1706, and amendments thereto, may be designated as an area vocational school. (c) ``Area vocational-technical school'' means any vocational educa- tion school which was classified as a type II area vocational-technical school under authority of former laws or which is established and classi- fied as a type II area vocational-technical school under authority of this act. The schools to which this definition applies are: (1) Southeast Kansas area vocational-technical school; (2) Northwest Kansas area vocational-technical school; and (3) Johnson county area vocational-technical school. The governing body of an area vocational-technical school shall be called a board of control and shall be constituted as is provided by agree- ment of the boards participating therein. Members of the board of control shall be paid subsistence allowances, mileage and other actual and nec- essary expenses incurred in the performance of their official duties. The state board may adopt special rules and regulations applicable to the con- duct, operation and administration of area vocational-technical schools. Nothing in this act shall be construed to authorize the establishment or operation of any area vocational-technical school not specifically desig- nated in this subsection. Unless approved by the state board of regents, no area vocational-technical school shall construct or reconstruct or acquire any building or land until this provision is amended or repealed from the law. Nothing in this act shall be deemed to prevent any board from entering into an agreement for participation in the operation of any area vocational-technical school designated in this subsection; nor shall any board which is now or hereafter a participant in the operation of such an area vocational-technical school be prevented by the provisions of this act from withdrawing therefrom in the absence of a written agreement to the contrary. (d) ``School district'' means any school district organized under the laws of this state. (e) ``Community college'' means any community college organized and operating under the laws of this state. (f) ``Municipal university'' means a municipal university established under the provisions of article 13a of chapter 13 of Kansas Statutes An- notated. (g) ``State educational institution'' means the university of Kansas, Kansas state university of agriculture and applied science, Wichita state university, Emporia state university, Pittsburg state university, Fort Hays state university, and Kansas state university--Salina, college of technol- ogy. (h) ``Technical college'' means an educational institution that for- merly was an area vocational school or an area vocational-technical school and that has been converted to, established as, and officially designated a technical college under authority of this act. (i) ``State board'' means the state board of (j) ``School year'' means the twelve-month period ending on June 30. (k) ``Vocational education'' means organized educational programs of- fering a sequence of courses which are directly related to the preparation of individuals in paid or unpaid employment in current or emerging oc- cupations requiring other than a baccalaureate or advanced degree. Such programs shall include competency-based applied learning which con- tributes to an individual's academic knowledge, higher-order reasoning, and problem-solving skills, work attitudes, general employability skills, and the occupational-specific skills necessary for economic independence as a productive and contributing member of society. The term vocational education also includes technology education. (l) ``Technology education'' means an applied discipline designed to promote technological literacy which provides knowledge and under- standing of the impacts of technology including its organizations, tech- niques, tools and skills to solve practical problems and extend human capabilities in technological areas. (m) ``State plan'' means a document or set of documents, together with attachments and supplements thereto, containing such provisions as are authorized by this act and required by the Carl D. Perkins vocational and technical education act of 1998, and acts amendatory thereof or sup- plemental thereto. (n) ``Associate of applied science degree program'' means a program that is offered and maintained by a technical college, composed of vo- cational, technology, and general education courses of instruction for which individuals may earn college credit, designed to prepare individuals for gainful employment in technical or technological occupations requir- ing other than a baccalaureate or advanced degree or to qualify individuals for transfer to another college or university and, after satisfactory com- pletion of the requirements for graduation, results in the conferral of an associate of applied science degree. For the purpose of awarding college credit for completion of coursework leading to the conferral of an asso- ciate of applied science degree, a credit hour shall consist of 15 clock hours of instruction in general education courses or 30 clock hours of instruction in vocational or technology education courses. Sec. 102. On July 1, 1999, K.S.A. 72-4416 shall be and is hereby amended to read as follows: 72-4416. (a) Subject to the provisions of subsection (b), any board may present a plan to the state board for the establishment and operation of an area vocational school. The plan may specify that the area vocational school is to be a department or a division of a school district or a community college or a state educational insti- tution plan shall be prepared in such form as is prescribed by the state board. Information included in support of the plan shall include, but not be limited to the following: (1) Concentration of population within a reasonable service area; (2) total enrollments in the elementary and secondary schools within the area, separately; (3) number of persons graduating from high school within the area; (4) probability of growth in elementary and secondary school enroll- ments within the area; (5) identification of vocational education services needed within the area; (6) local interest and attitudes toward the program; (7) ability to contribute to the financial support of the program; and (8) consideration of the area in relation to other programs or requests for programs of vocational education to prevent, as nearly as is practicable, overlapping or duplication of educational services. Upon receipt and examination of a plan, the state board shall conduct such public hearings and make such investigations related to the plan as it deems appropriate. If the plan submitted is approved, or approved after amendment, the state board shall issue an order authorizing the estab- lishment of an area vocational school. (b) The state board shall not approve any plan submitted to it under subsection (a) after the effective date of this act until this subsection is amended by or repealed from law. Sec. 103. On July 1, 1999, K.S.A. 72-4417 shall be and is hereby amended to read as follows: 72-4417. (a) Students admitted to a vocational education course or program which is conducted by the school district in which the student is enrolled may be charged fees but shall not be charged tuition. (b) Postsecondary students admitted to a vocational education course or program shall pay tuition and fees as provided by laws applicable thereto. (c) (1) Except as provided in paragraph (2) of this subsection, stu- dents admitted to a vocational education course or program which is con- ducted by a community college shall pay tuition and fees as provided by laws applicable to community colleges and the provisions of this section shall not apply thereto, nor shall any provisions of this act which are inconsistent with laws relating to community college tuition and fees apply to community colleges. (2) Students admitted to a vocational education course or program under the provision of K.S.A. 71-1706 and which is conducted by a com- munity college which is consolidated with an area vocational school or area vocational-technical school may be charged fees but tuition shall be paid as provided in paragraph (2) of subsection (d). Nothing in this act shall be construed to amend, repeal or in any way change laws relating to community college student or out-district tuition. (d) Students admitted to a vocational education course or program which is not conducted by the school district in which the student is enrolled shall be charged tuition and fees determined in accordance with subsection (e), subject however to the following: (1) Tuition or fees, or tuition and fees may be paid for the student in accordance with any agree- ment made under K.S.A. 72-4421, and amendments thereto; or (2) if tuition of a student is not paid under provision (1) of this sub- section, the tuition of the student shall be paid by the school district in which the student is enrolled. No school district shall pay tuition for a student who is a postsecondary student, and no school district shall be required to pay tuition or fees of a student who is eligible to have tuition and fees for the course or training the student selects paid by any state or federal agency from moneys, funds or appropriations made available under any one or more federal programs. Any state agency administering any one or more such programs shall pay such tuition and fees upon proper application by a student therefor. (e) All tuition and fees charged for vocational education by any board shall be in such amounts as are authorized by rules and regulations adopted by the state board which shall establish general guidelines for tuition and fee schedules in vocational education courses and programs, except that tuition of postsecondary students shall be fixed in accordance with K.S.A. 72-4433, and amendments thereto. The particular tuition and fee schedule of every vocational education program shall be subject to annual approval of the state board. A current complete schedule of tuition and fees for each vocational education course and program of each board as approved by the state board shall be maintained on file in the office of the state inspection at any reasonable time. Sec. 104. On July 1, 1999, K.S.A. 72-4418 shall be and is hereby amended to read as follows: 72-4418. (a) Consonant with the provisions of subsection (b), the state board of and regulations relating to enrollment procedures for students in voca- tional education courses or programs. (b) Any person may apply to the board of education of the school district in which the person is enrolled for admittance to a vocational education course or program conducted in another school district. The application shall be approved by the board of education subject to the following conditions: (1) The person is approved for admittance by the board administering the vocational education course or program. (2) The course or program applied for is not offered in the vocational education department of the school district in which the student is en- rolled, nor in a program which is available to residents of the school district in which the applicant is enrolled under the terms of an agreement made under K.S.A. 72-4421, and amendments thereto. (3) The person applying is capable of benefiting from the instruction. (c) Any eligible person may apply for admittance as a postsecondary student to a vocational education course or program of a school, as de- fined by subsection (k) of K.S.A. 72-4430, and amendments thereto, and shall be approved for admittance in accordance with rules adopted by the board of the school to which application is made. (d) Any person may apply for admittance to a vocational education course or program of a community college and shall be approved for admittance in accordance with rules adopted by the community college to which application is made. (e) Any person admitted to any vocational education course or pro- gram shall meet such requirements of minimum age as are provided by law for the specific occupation or training courses or programs in which the person is enrolled. (f) Any person who duly makes application for admission to a voca- tional education course or program, and whose application is denied for any reason, may request a review of the denial by the state board of amendments thereto. Sec. 105. On July 1, 1999, K.S.A. 72-4421 shall be and is hereby amended to read as follows: 72-4421. Any board may enter into a voca- tional education agreement with any other board or boards, subject to the following: (a) Such agreement shall be for a term of at least three years but not exceeding five years. (b) Such agreement shall be subject to change or cancellation by the legislature at any time in accordance with article 6, section 5 of the con- stitution of Kansas. (c) Such agreement shall be approved by the state board before the same has any force or effect. (d) Such agreement may provide for payment between boards of moneys for vocational education tuition or fees, or for establishing, con- ducting, maintaining or administering an area vocational school or any vocational education course or program. (e) Such agreement may provide that the tuition of students enrolled in any of the contracting districts, when such students attend a vocational education course or program not offered in one of the contracting dis- tricts, shall be paid by the board receiving funds under this agreement. (f) Such agreement may provide that certain vocational education courses or programs will be offered only in certain districts. (g) Such agreement may provide that certain vocational education courses or programs are to be contracted for under conditions specified in the agreement. (h) Such agreement shall make appropriate provision for modification thereof in the event of cancellation, discontinuance or disapproval of any course or program by the state board constitutes a loss of current designation as an area vocational school or not. (i) Such agreement shall provide that the facilities used for vocational education shall retain the ownership of or jurisdiction over such physical facilities; however, such agreement may provide for the use of such physical facilities during the term of the agree- ment or a shorter period of time. Any agreement under this section may provide for a different method of ownership personal property or interest therein, if such provision has received the prior approval of the state board and the attorney general Sec. 106. On July 1, 1999, K.S.A. 72-4427 shall be and is hereby amended to read as follows: 72-4427. The secretary of human resources and the state board of ipate in the federal job training partnership act (public law 97-300), and amendments thereto, by providing from funds made available under the federal act and appropriated by the legislature for vocational training in accordance with and to the extent required by the federal act. Sec. 107. On July 1, 1999, K.S.A. 72-4429 shall be and is hereby amended to read as follows: 72-4429. The board of education of any school district which is operating an area vocational school or the board of control of any area vocational-technical school may make agreements for students enrolled in a public school of another state which adjoins this state to attend vocational education courses or programs in the vocational education schools of this state upon such terms as students enrolled in a vocational education school of this state are permitted to attend vocational education courses or programs in the public vocational education schools of the other state. Agreements under this act shall be for a period of not to exceed three years, and shall contain a provision that the same may be nullified by a written notice at any time prior to May 1, with the nullifi- cation taking effect on June 1. Agreements under this act shall be subject to limitation, change or termination by the legislature, and shall contain a provision to such effect. Any agreement entered into under this act may provide for such additional matters relating to vocational education as are authorized by rules and regulations of the state board as are consonant with the state plan for vocational education of this state. The state board administration of this act. No agreement made under the provisions of this act shall take effect until approved by the state board Every board of education or board of control which makes an agreement under authority of this act shall make periodic and special reports of statistical and financial information to the state board may request. The state board inspect and audit any of the financial or other records of any such board and may enter and inspect any physical facility related to any such agree- ment, whether in this state or in another state. Sec. 108. On July 1, 1999, K.S.A. 72-4444 shall be and is hereby amended to read as follows: 72-4444. As used in this act: (a) ``Area vocational school'' and ``area vocational-technical school'' have the meanings respectively ascribed thereto by K.S.A. 72-4412, and amendments thereto. (b) ``Community college'' means any community college organized and operating under the laws of this state. (c) ``School'' means any area vocational school, any area vocational- technical school, and any community college. (d) ``Instructional equipment'' means any scientific, technical, or computer equipment which is useful for vocational education purposes. (e) ``Vocational education'' has the meaning ascribed thereto by K.S.A. 72-4412, and amendments thereto. (f) ``State board'' means the state board of Sec. 109. On July 1, 1999, K.S.A. 72-4453 shall be and is hereby amended to read as follows: 72-4453. (a) The board of trustees of every community college and the governing board of every area vocational school or area vocational-technical school shall make and enter into agree- ments providing the transferability of substantially equivalent courses of study and programs which are offered at such educational institutions in order to facilitate the articulation of students to and among such educa- tional institutions. (b) The following conditions shall apply to the agreements required under subsection (a): (1) The state board of ment at the time the agreement is executed; and (2) the agreement shall be effective only after approval by the state board of (c) The state board of guidelines for the purpose of determining which courses of study and programs offered in the area vocational schools and area vocational-tech- nical schools are: (1) Substantially equivalent to courses of study and pro- grams offered in the community colleges; and (2) transferable to the com- munity colleges. A current, complete list of such courses of study and programs shall be maintained on file in the office of the state any reasonable time. Sec. 110. On July 1, 1999, K.S.A. 72-4454 shall be and is hereby amended to read as follows: 72-4454. The state board of agreements among area vocational schools, area vocational-technical schools, community colleges, technical colleges and state educational in- stitutions providing for the transferability of substantially equivalent courses of study and programs which are offered at area vocational schools, area vocational-technical schools, community colleges, technical colleges and state educational institutions in order to facilitate articulation of students in technical programs to and among area vocational schools, area vocational-technical schools, community colleges, technical colleges and state educational institutions. Sec. 111. On July 1, 1999, K.S.A. 72-4460 shall be and is hereby amended to read as follows: 72-4460. As used in this act: (a) ``Vocational education scholarship'' means the award of a financial grant-in-aid by this state under this act to a vocational education scholar. (b) ``Vocational education scholar'' means a person who: (1) Is a res- ident of Kansas; (2) has been graduated from a high school accredited by the state board of education or has received general educational devel- opment credentials issued by the enrolled in or has been accepted for admission to a vocational education program operated by a designated educational institution; and (4) has qualified on the basis of a competitive examination of ability and aptitude for the award of a vocational education scholarship or has previously so qualified and remains qualified on the basis of satisfactory performance for the renewal of the award of a vocational education scholarship. (c) ``Vocational education program'' means a vocational education program operated at the postsecondary level by a designated educational institution. (d) ``Designated educational institution'' means an educational insti- tution which qualifies as an eligible institution for the federal guaranteed- loan program under the higher education act of 1965 (P.L. 89-329), as amended, and the main campus or principal place of operation of which is located in Kansas. (e) ``Program term'' means quired for completion of a vocational education program when such pe- riod of time encompasses more than one school year. (f) ``School year'' means the period of time beginning on July 1 in each calendar year and ending on June 30 in the succeeding calendar year. (g) ``Board of regents'' means the state board of regents provided for in the constitution of this state. Sec. 112. On July 1, 1999, K.S.A. 72-4466 shall be and is hereby amended to read as follows: 72-4466. As used in this act: (a) ``Area vocational school,'' ``area vocational-technical school,'' and ``community college'' have the meanings respectively ascribed thereto in K.S.A. 72-4412, and amendments thereto. (b) ``Vocational education institution'' means any area vocational school, area vocational-technical school or community college. (c) ``Board'' means the state board of (d) ``Program'' means Kansas technology innovation and internship program. Sec. 113. On July 1, 1999, K.S.A. 1998 Supp. 72-4468 shall be and is hereby amended to read as follows: 72-4468. (a) An area vocational school or an area vocational-technical school may be converted to, estab- lished as, and officially designated a technical college with the approval of the state board of the state board and subject to specific authorization by act of the legis- lature. Standards adopted by the state board for approval of the estab- lishment of a technical college shall address such factors as present and projected need in the area of the proposed technical college for expansion or alteration of existing educational programs, types and capacities of other postsecondary institutions present in the area of the proposed tech- nical college, potential enrollment in the program or programs to be of- fered and maintained by the proposed technical college, effect on delivery of vocational education programs to secondary students in the area, op- eration and accreditation of the proposed technical college, and such other factors as the state board may determine to be relevant to consid- eration of proposals for conversion of area vocational schools and area vocational-technical schools to technical colleges. (b) A proposal to convert an area vocational school or an area voca- tional-technical school to a technical college may be effectuated as fol- lows: (1) The board of an area vocational school may propose, by resolution approved by a majority of the members of the board, the establishment of a technical college; or (2) the board of control of an area vocational-technical school may propose, by resolutions approved by a majority of the members of each participating board, the establishment of a technical college. (c) A proposal for the establishment of a technical college, approved by resolution as provided in subsection (b), shall be accompanied by an analysis, including supporting data, which documents how the educational interests of the state will be better served by the conversion of the area vocational school or area vocational-technical school to a technical college. Such analysis shall include an appraisal of how the benefits to the edu- cational system of the state would be furthered by merger of the area vocational school or area vocational-technical school with a community college, municipal university or state educational institution, together with the rationale for the determination that conversion of the school to a technical college better furthers the educational interests of the state than merger with a community college, municipal university or state ed- ucational institution. (d) If a resolution proposing the establishment of a technical college is approved as provided in subsection (b), the proposal shall be submitted to the state board of or disapproval. The state board shall consider the proposal and make a determination concerning whether establishment of the technical college is in the best interest of the educational system of the state. In so doing, the state board shall evaluate whether the educational interests of the state would be better served by a merger between the area vocational school or area vocational-technical school and a community college, mu- nicipal university or state educational institution than by the proposal of technical college establishment. If the state board determines that a merger between the area vocational school or area vocational-technical school and a community college, municipal university or state educational institution would better serve the educational interests of the state or, for some other reason, determines approval of the proposal should not be given, the state board shall deny approval of the proposal and make a report thereon to the legislature. Otherwise, the state board shall approve the proposal and recommend establishment of the technical college to the legislature. Sec. 114. On July 1, 1999, K.S.A. 1998 Supp. 72-4469 shall be and is hereby amended to read as follows: 72-4469. Technical colleges shall be under the general supervision of the state board of All rules and regulations of the state board of relate to supervision of area vocational schools and area vocational-tech- nical schools shall be construed to apply to technical colleges until revised, amended, repealed or nullified by the state board. Sec. 115. On July 1, 1999, K.S.A. 1998 Supp. 72-4470 shall be and is hereby amended to read as follows: 72-4470. (a) The governing body of a technical college shall be the board of the former area vocational school or the board of control of the former area vocational-technical school, whichever is applicable. Such board or board of control shall op- erate, control and manage a technical college in the same manner and to the same extent that was provided by law for the operation, management and control of the former area vocational school or area vocational-tech- nical school and nothing in this act shall be applied or construed in any manner so as to change or affect any power, duty or function of a board or board of control with respect to such operation, management and con- trol. (b) The board or board of control of a technical college, in addition to such other powers expressly granted by law and subject to rules and regulations of the state board of following powers: (1) To determine the vocational, technology, and general education courses of instruction that will comprise the associate of applied science degree programs of the college; (2) to establish the requirements for satisfactory completion of the associate of applied science degree programs of the college; (3) to confer the associate of applied science degree upon students who successfully complete an associate of applied science degree program of the college and to award a certificate or diploma to students who suc- cessfully complete a vocational education program of the college; (4) to appoint teaching staff and to fix and determine teacher quali- fications, duties and compensation. No teacher appointed to teach courses comprising the associate of applied science degree programs of the col- lege shall be required to meet certification requirements greater than those required in the state educational institutions Sec. 116. On July 1, 1999, K.S.A. 72-4517 shall be and is hereby amended to read as follows: 72-4517. As used in this act school district or the board of trustees of any community (b) ``State board'' means the state board of (c) prepared and adopted by the state board in accordance with state and federal law. more courses in general education subjects taught at the grade school or high school level under the supervision of a board for eligible persons which is included in the state plan and for which federal funds are re- ceived pursuant to federal law. age of sixteen, (2) have not graduated from high school and have not been recognized as having achieved an equivalent level of education, and (3) are not now regularly enrolled in school. of one or more courses in any subject, other than courses in the adult basic education program, taught for personal enrichment, which is con- ducted under the supervision of a board for persons who have attained the age of sixteen. P.L. 89-750), and acts amendatory thereof. Sec. 117. On July 1, 1999, K.S.A. 72-4518 shall be and is hereby amended to read as follows: 72-4518. (a) The state of Kansas does hereby accept the provisions and benefits of federal law relating to adult basic education programs. The state board is hereby designated as the agency for administration of adult basic education programs and for supervision of the administration of adult basic education programs by boards. The state board is authorized to prepare, from time to time amend, and ad- minister the state plan in accordance with state and federal law. (b) The state board shall enter into agreements with the United States of the federal government for the purpose of participation in adult basic education programs provided for by federal law. Any such agreement may contain provisions required or authorized by federal law, so long as the same are not in conflict with the provisions of this act. Sec. 118. On July 1, 1999, K.S.A. 72-4521 shall be and is hereby amended to read as follows: 72-4521. The state board may enter into agreements with any board for the establishment and operation of adult basic education programs and any board desiring to secure state and fed- eral funds for the cost of conducting the same shall certify and file an application with the basic education program. scribed and furnished by the such information as the state board shall require, and shall be filed on or before July 1 of each year. Approval of the application and the program shall be prerequisite to payment of state and federal funds to any board. Sec. 119. On July 1, 1999, K.S.A. 72-4525 shall be and is hereby amended to read as follows: 72-4525. (a) Any board may establish and maintain an adult supplementary education program for the instruction of persons desirous of attending (b) The cost of instruction for adult supplementary education pro- grams shall be borne by the school district or community and the board shall obtain and furnish the necessary teaching personnel and supplies. Tuition or fees shall be charged by the board to offset ex- pense of operation of adult supplementary education programs in part or in total. (c) There is hereby established in every school district and in every community mentary education fund, which fund shall consist of all moneys deposited therein or transferred thereto according to law. All moneys received by a board for adult supplementary education shall be deposited in the adult supplementary education fund established by this section. The expenses of a school district or a community supplementary education shall be paid from the adult supplementary ed- ucation fund. Sec. 120. On July 1, 1999, K.S.A. 72-4530 shall be and is hereby amended to read as follows: 72-4530. (a) The state board of regents may adopt rules and regulations relating to the processing and issuance of general educational development (GED) credentials. (b) Each application to the state board of suance or duplication of general educational development credentials shall be accompanied by a fee which shall be established by the state board of $10. On or before August 1, 1999, and on or before July 1 of each year thereafter, determine the amount of revenue which will be required to properly administer the provisions of this section during the next ensuing fiscal year, and shall establish the GED credentials processing fee for such year in the amount deemed necessary for such purposes. Such fee shall be- come effective on the succeeding January 1 of each year. The state board of GED credentials processing fees to the state treasurer at least monthly. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount thereof in the state treasury and the same shall be credited to the GED credentials processing fees fund, which fund is hereby established in the state treasury, and shall be used only for the payment of expenses connected with the processing, issuance or dupli- cation of GED credentials, and for the keeping of records by the state GED credentials processing fees fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the state board of regents or by a person or persons designated by Sec. 121. On July 1, 1999, K.S.A. 1998 Supp. 72-4919 shall be and is hereby amended to read as follows: 72-4919. As used in this act: (a) ``Proprietary school'' or ``school'' means any business enterprise, whether operated on a profit or not-for-profit basis, which: (1) Maintains a place of business within the state of Kansas, or solicits business within the state of Kansas; (2) is not specifically exempted by the provisions of this act; and (3) offers a course or courses of instruction or study through class- room contact or by correspondence, or both, for the purpose of training or preparing persons for a field of endeavor in a business, trade, technical, or industrial occupation, except as hereinafter excluded. (b) ``Owner'' of a school means: (1) In the case of a school owned by an individual, that individual; (2) in the case of a school owned by a partnership, all full, silent, and limited partners; and (3) in the case of a school owned by a corporation, the corporation, its directors, officers and each shareholder owning shares of issued and outstanding stock aggregating at least 10% of the total of the issued and outstanding shares. (c) ``Branch school'' means any subsidiary place of business main- tained within the state of Kansas by a school at a site which is separate from the site of the principal place of business maintained by the school and at which subsidiary place of business the school offers a course or courses of instruction or study identical to the course or courses of in- struction or study offered by the school at its principal place of business. (d) ``School employee'' means any person, other than an owner, who directly or indirectly receives compensation from a proprietary school for services rendered. (e) ``Representative'' means any person employed by a proprietary school to act as an agent, solicitor, or broker to procure students or en- rollees for the school by solicitation within this state at any place other than the office or a place of business of the school. (f) ``State board'' means the state board of person or persons as may be designated by the state board to administer the provisions of this act. (g) ``Support'' or ``supported'' means the primary source and means by which a school derives revenue to perpetuate operation of the school. (h) ``Person'' means any individual, firm, partnership, association, or corporation. Sec. 122. On July 1, 1999, K.S.A. 72-5015 shall be and is hereby amended to read as follows: 72-5015. As used in this act: (a) ``Driver training motor vehicle'' means an automobile or motorcycle acquired by a board pursuant to an agreement with a motor vehicle manufacturer or dealer for use in driver training courses; but does not include within its meaning any motor vehicle which is rented, leased, or owned by any school district, nonpublic school or community (b) ``Board'' means the board of education of a school district, the governing authority of any nonpublic school offering any of grades kin- dergarten through 12 or the board of trustees of any community college. (c) ``Multi-vehicle driving range'' means an off-street area in which several motor vehicles are used simultaneously to provide (1) laboratory instruction under the supervision of one the simultaneous education of several student drivers under the super- vision of one (d) ``Division'' means the division of vehicles of the department of revenue. (e) ``State board'' means in the case of school districts and nonpublic schools, the state board of education and in the case of community col- leges, the state board of regents. Sec. 123. On July 1, 1999, K.S.A. 72-5017 shall be and is hereby amended to read as follows: 72-5017. (a) The state board may adopt rules and regulations for the administration of this act. (b) The state before July 1 conducting an approved course in driver training. Such list shall be pre- pared from the reports required under K.S.A. 8-272, and amendments thereto, and shall be sent to the division and other governmental agencies having need thereof. (c) Any board desiring to conduct driver training courses must first have such courses approved by the state and shall then be eligible to enter into agreements for driver training motor vehicles. Sec. 124. On July 1, 1999, K.S.A. 72-5018 shall be and is hereby amended to read as follows: 72-5018. No school shall have more than one a driver training program unless there is an approved program using a multi-vehicle range. Each such instructor must have an assignment in driver training. In the event there is an approved program in multi-vehicle range instruction, the state the number of cars needed. Sec. 125. On July 1, 1999, K.S.A. 72-5019 shall be and is hereby amended to read as follows: 72-5019. No person shall use a driver training motor vehicle except during driver training course instruction. Any person using a driver training motor vehicle for purposes other than for such instruction shall be guilty of a misdemeanor, punishable by a fine not exceeding quent offenses by a fine not exceeding $500. No person shall be in violation of this act person is required by the dealer or a school administrator to house or otherwise protect any such vehicle at facility. Sec. 126. On July 1, 1999, K.S.A. 72-5020 shall be and is hereby amended to read as follows: 72-5020. The contract of any employee of any educational institution which participates in the state safety fund, who officially sanctions the use of driver training motor vehicles in violation of this act shall term for which under this section by any employee of an educational institution in any one fund by such educational institution. Sec. 127. On July 1, 1999, K.S.A. 72-7518a shall be and is hereby amended to read as follows: 72-7518a. (a) The state board of education, or any institution under the jurisdiction of approval and receive any private donation, gift, grant or bequest made for any purpose related to the operation or function of such board or institution. Such board or institution may hold, administer and expend any such gift, grant or bequest in accordance with any terms or conditions imposed by the donor. (b) The provisions of subsection (a) to any school district Sec. 128. On July 1, 1999, K.S.A. 72-9002 shall be and is hereby amended to read as follows: 72-9002. As used in this act: (a) ``Board'' means the board of education of a school district, the governing authority of any nonpublic school offering any of grades kin- dergarten through 12 in accredited schools, the board of control of an area vocational-technical school, and the board of trustees of a community college. (b) ``State board'' means, in the case of school districts and nonpublic schools, the state board of education; and in the case of area vocational- technical schools and community colleges, the state board of regents. (c) ``Employees'' means all certificated employees of school districts and of nonpublic schools, all instructional and administrative employees of area vocational-technical schools and all full-time employees of com- munity colleges. (d) ``Full-time employees of community colleges'' means instructional and administrative employees who are under contract for services to a community college for a term of not less than nine months and whose services to a community college are considered their principal employ- ment. (e) ``School year'' means the period from July 1 to June 30. (f) ``Accredited'' means accredited by the state board of education. Sec. 129. On July 1, 1999, K.S.A. 72-9006 shall be and is hereby amended to read as follows: 72-9006. (a) Upon request of any board, the state board shall provide for assistance in the preparation of policies of personnel evaluation or amendments thereto. (b) If, in the case of school districts and nonpublic schools, any board fails to file an adopted policy as provided by this act, or if any such board fails to file any adopted amendment to such policy within a reasonable time after adoption thereof, the state board of education may apply pen- alties as prescribed by rules and regulations applicable to accreditation of schools. (c) If, in the case of community colleges and area vocational-technical schools, any board fails to file an adopted policy as provided by this act, or if any such board fails to file any adopted amendment to such policy within a reasonable time after adoption thereof, the state board of regents may apply penalties as prescribed by rules and regulations applicable to approval of community colleges and area vocational-techncial schools. Sec. 130. On July 1, 1999, K.S.A. 72-4424 shall be and is hereby amended to read as follows: 72-4424. (a) The board of trustees of any community college may levy a tax of not to exceed two mills for the purpose of providing revenue for establishing, conducting, maintaining and administering any vocational education courses or programs approved by the state board. Such tax levy shall be budgeted and maintained as a separate fund to be known as the vocational education fund, and no money in such fund shall be transferred to any other fund of the com- munity college, except as provided in K.S.A. 79-2958, and amendments thereto. (b) 30, 2000. New Sec. 131. The state board of regents shall conduct a compre- hensive analysis of the methodology provided in the Kansas higher edu- cation coordination act for state funding of community colleges and the municipal university. In conducting such analytical review, the state board should consider issues such as equity of financial support within and be- tween sectors of the postsecondary education system, the appropriate degrees of reliance on various funding sources in financing the total pos- tsecondary education system, and the degree to which the funding meth- odology for community colleges and the municipal university, together with the existing funding mechanisms employed for state educational in- stitutions, contributes to the enhancement of educational quality and ef- ficiency in Kansas. In its report, the state board shall present a complete set of findings together with its analysis and any recommendations for change to be considered by the 2000 Kansas legislature. The state board shall submit its report of findings and recommendations to the governor and the legislative educational planning committee by December 1, 1999. Sec. 132. On July 1, 1999, K.S.A. 12-16,102, 13-13a25, as amended by section 7 of 1999 House Bill No. 2565, 13-13a26, 13-13a27, 13-13a28, 13-13a29, 13-13a30, 13-13a31, 13-13a32, 13-13a33, 13-13a34, 71-202, 71- 204, 71-211, 71-304, 71-305, 71-306, 71-402, 71-403, 71-601, as amended by section 1 of 1999 House Bill No. 2060, 71-604, 71-609a, 71-610, 71- 613, 71-615, 71-701, 71-801, 71-802, 71-901, 71-902, 71-1104, 71-1105, 71-1106, 71-1201, 71-1309, 71-1406, 71-1507, 71-1508, 71-1702, 71- 1705, 72-4408, as amended by section 1 of 1999 House Bill No. 2062, 72-4416, 72-4417, 72-4418, 72-4421, 72-4424, 72-4427, 72-4429, 72- 4444, 72-4453, 72-4454, 72-4460, 72-4466, 72-4517, 72-4518, 72-4521, 72-4525, 72-4530, 72-5015, 72-5017, 72-5018, 72-5019, 72-5020, 72- 7518a, 72-9002, 72-9006, 74-3202, 74-3203, 74-3204, 74-3205, 79-5021, 79-5022, 79-5024, 79-5025, 79-5026, 79-5028 and 79-5032 and K.S.A. 1998 Supp. 19-101a, 19-101i, 71-201, 71-301, 71-401, 71-406, 71-407, 71- 602, 71-607, 71-609, 71-611, 71-613a, 71-619, 72-4412, as amended by section 2 of 1999 House Bill No. 2062, 72-4468, 72-4469, 72-4470, 72- 4919 and 74-3201 shall be and are hereby repealed. Sec. 133. On July 1, 2000, K.S.A. 71-605, 72-6501, 72-6502, 72-6503, 72-6504, 72-6505, 72-6506, 72-6508 and 72-6509 shall be and are hereby repealed. Sec. 134. This act shall take effect and be in force from and after its publication in the Kansas register. I hereby certify that the above BILL originated in the ____________________________________
as amended ______________________________ HOUSE adopted Conference Committee Report ______________________________
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