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 9  AN ACT relating to Washburn university of Topeka; establishing Wash-
10    burn university as a separate state educational institution under the
11    control and supervision of the state board of regents; providing for the
12    conveyance of property to the state board of regents; authorizing and
13    requiring certain tax levies and disbursement thereof; providing for
14    retirement of the bonded indebtedness of Washburn university of To-
15    peka; providing for the disposition and management of certain endow-
16    ment property of Washburn university of Topeka; and establishing a
17    board of trustees for the university and prescribing its composition,
18    powers, rights and authority; amending K.S.A. 73-1217, 73-1218, 74-
19    3229, 75-2576, 75-4101, 75-5501, 76-719 and 79-2961, K.S.A. 1995
20    Supp. 75-3765, as amended by section 128 of chapter 229 of the 1996
21    Session Laws of Kansas, and K.S.A. 1996 Supp. 41-719, 74-3209, 75-
22    3731, 75-3732, 76-156a, 76-6a01, 76-711, 76-751, 76-754 and 76-756
23    and repealing the existing sections; also repealing K.S.A. 13-13a03, 13-
24    13a04, 13-13a05, 13-13a06, 13-13a08, 13-13a09, 13-13a11, 13-13a13,
25    13-13a14, 13-13a16, 13-13a17, 13-13a18, 13-13a19, 13-13a20, 13-
26    13a20a, 13-13a21, 13-13a23, 13-13a24, 13-13a25, 13-13a26, 13-13a27,
27    13-13a28, 13-13a29, 13-13a30, 13-13a31, 13-13a32, 13-13a33, 13-
28    13a34, 13-13a35, 13-13a36, 13-13a37, 72-6501, 72-6502, 72-6503,
29    72-6504, 72-6505, 72-6506, 72-6507, 72-6508 and 72-6509 and K.S.A.
30    1996 Supp. 13-13a12.
31
32  Be it enacted by the Legislature of the State of Kansas:
33    New Section 1.  As used in sections 1 through 10, and amendments
34  thereto:
35    (a)  ``Washburn board'' means the board of trustees established by
36  section 7, and amendments thereto, for Washburn university.
37    (b)  ``Campus property'' means the real estate, buildings, facilities, fur-
38  nishings, fixtures and equipment comprising the physical plant of Wash-
39  burn university of Topeka.
40    (c)  ``Endowment property'' means endowment funds, scholarship
41  funds and investment real or personal property, the net earnings of which
42  are devoted to general or special purposes as prescribed or authorized by
43  the donors of such property.
HB 2493
                                     

 1    New Sec. 2.  (a) On July 1, 1998, Washburn university is hereby es-
 2  tablished as a separate, freestanding state educational institution under
 3  the control and supervision of the state board of regents, which shall be
 4  located in the city of Topeka, county of Shawnee, Kansas, and which shall
 5  be known as Washburn university.
 6    (b)  Prior to July 1, 1998, Washburn university shall continue to be
 7  known as Washburn university of Topeka and, subject to the provisions
 8  of this act, shall continue to be operated and managed as a municipal
 9  university as provided in K.S.A. 13-13a03 through 13-13a37, and amend-
10  ments thereto, and shall be entitled to all financial aid payments and out-
11  district tuition payments as provided in K.S.A. 13-13a25 through 13-
12  13a34, and amendments thereto, and all financial aid payments as
13  provided in K.S.A. 72-6501 through 72-6509, and amendments thereto.
14    (c)  Except as otherwise specifically provided in this act, after June
15  30, 1998, Washburn university shall be the successor in interest to Wash-
16  burn university of Topeka and all properties, moneys, rights, authorities
17  and liabilities of Washburn university of Topeka, except endowment prop-
18  erty, are hereby transferred to and imposed upon Washburn university.
19  Except as otherwise specifically provided in this act, after June 30, 1998,
20  whenever Washburn university of Topeka, or words of like effect, is re-
21  ferred to or designated by any statute, contract or other document, such
22  reference or designation shall be deemed to apply to Washburn univer-
23  sity.
24    New Sec. 3.  (a) On July 1, 1998, or before July 1, 1998, and to be
25  effective on July 1, 1998, the board of regents of Washburn university of
26  Topeka shall transfer and convey all of the campus property of Washburn
27  university of Topeka and all of the rights, title or interest that Washburn
28  university may have in such campus property on the date of transfer, or
29  may thereafter acquire in such campus property, to the state board of
30  regents for and on behalf of the state of Kansas. On July 1, 1998, the state
31  board of regents shall succeed by operation of law to all rights and lia-
32  bilities of Washburn university of Topeka, except for (1) endowment
33  property, (2) general obligation bonds of Washburn university of Topeka
34  which are approved or issued and outstanding on or by July 1, 1998, (3)
35  contractual obligations regarding employees of Washburn university of
36  Topeka which are covered by section 5, and amendments thereto, and
37    (4) any other rights and liabilities otherwise specifically provided for by
38  any other section of this act. All obligations and interest on such general
39  obligation bonds shall be met and satisfied as provided in section 9 and
40  amendments thereto.
41    (b)  The state board of regents, for and on behalf of the state of Kan-
42  sas, shall accept the transfers and conveyances of title to all of the campus
43  property of Washburn university of Topeka, subject to the condition that
HB 2493
                                     

 1  actual possession, control and supervision of the university and the cam-
 2  pus property thereof by the state of Kansas through the state board shall
 3  not be effective until July 1, 1998.
 4    New Sec. 4.  (a) Prior to July 1, 1998, and subject to the provisions
 5  of this act, the board of regents of Washburn university of Topeka shall
 6  be the governing body of Washburn university of Topeka, shall exercise
 7  such power and authority as is provided by law for the operation and
 8  management of Washburn university of Topeka in its status as a municipal
 9  university as provided in K.S.A. 13-13a03 through 13-13a37, and amend-
10  ments thereto, and shall serve as liaison with the state board in prepara-
11  tion for the transfer of control and supervision of the university to the
12  state board of regents.
13    (b)  After June 30, 1998, the Washburn board shall serve as liaison
14  with the state board of regents during the transition period from July 1,
15  1998, through June 30, 1999, for the purposes of assisting Washburn
16  university and the state board of regents in the implementation of tran-
17  sitional adjustments in the operations and procedures of the university as
18  a state agency. During such transition period, the Washburn board may
19  perform such other powers, duties and functions as may be prescribed
20  by the state board of regents with regard to Washburn university or by
21  law.
22    (c)  During the transitional period from July 1, 1998, through June
23  30, 1999, Washburn university shall make the required adjustments in
24  the accounting, purchasing, personnel, budgeting and other administra-
25  tive operations, policies and procedures to conform to the operations,
26  policies and procedures required under laws, rules and regulations and
27  policies which are applicable to state educational institutions under the
28  control and supervision of the state board of regents. Except as otherwise
29  authorized or prescribed by this act or by the secretary of administration,
30  the provisions of laws and rules and regulations pertaining to accounting,
31  purchasing, personnel, budgeting and other administrative matters, which
32  are administered by the department of administration, or any division or
33  officer thereof, and which apply to other state educational institutions,
34  shall not apply to Washburn university during such transitional period
35  and Washburn university is hereby authorized to use other operating pro-
36  cedures and policies for such purposes in accordance with the provisions
37  of this act.
38    (d)  During the fiscal year ending June 30, 1999, subject to provisions
39  of appropriations acts and subject to approval by the secretary of admin-
40  istration and the state board of regents, Washburn university may transfer
41  moneys in the Washburn university support fund and moneys in the
42  Washburn operating grant account of the state general fund to a bank
43  located in Shawnee county, Kansas, to the account of Washburn univer-
HB 2493
                                     

 1  sity. The bank account shall be awarded to a bank located in Shawnee
 2  county, Kansas, by the pooled money investment board under a written
 3  agreement in accordance with procedures for state bank accounts under
 4  K.S.A. 75-4217, and amendments thereto, and shall be secured by pledge
 5  of securities in the manner prescribed for state bank accounts under
 6  K.S.A. 75-4218, and amendments thereto, and in the amount prescribed
 7  for fee agency accounts under that statute. Each such transfer shall be
 8  made upon vouchers of the state board of regents, which the director of
 9  accounts and reports and the state treasurer are hereby authorized and
10  directed to honor by making such transfers, and the moneys so transferred
11  shall be for use by Washburn university for use in operating and con-
12  ducting the activities of the university during fiscal year 1999. Washburn
13  university shall make a full and complete report on a monthly basis to the
14  state board of regents and the secretary of administration of all expend-
15  itures for fiscal year 1999 from such bank account.
16    (e)  The provisions of this section shall be construed and applied to
17  effectuate the orderly and timely transition of Washburn university from
18  an autonomous municipal university to a state educational institution un-
19  der the control and supervision of the state board of regents.
20    New Sec. 5.  (a) On or before May 15, 1998, the board of regents of
21  Washburn university of Topeka shall submit to the state board of regents
22  a list of employees of Washburn university of Topeka who are recom-
23  mended for appointment by the state board of regents on July 1, 1998,
24  as employees of Washburn university. On or before June 15, 1998, the
25  state board of regents shall advise the board of regents of Washburn
26  university of Topeka of its approval or any modification of such list.
27    (b)  On July 1, 1998, the state board of regents shall appoint the em-
28  ployees on such list, as approved or as modified and approved by the state
29  board of regents, to positions in the classified service or unclassified serv-
30  ice under the Kansas civil service act at Washburn university and, consis-
31  tent with the Kansas civil service act, establish the terms and conditions
32  of employment for such employees. Each such employee whose position
33  is within the classified service under the Kansas civil service act shall be
34  deemed to be subject to and qualified under the Kansas civil service act
35  for the position to which such employee is appointed at the time of the
36  assumption of control and supervision by the state board of regents on
37  July 1, 1998.
38    (c)  On and after July 1, 1998, except as otherwise provided by this
39  act, employees of Washburn university shall be eligible as provided by
40  statute for membership or participation in the Kansas public employees
41  retirement system or the retirement annuity plan under K.S.A. 74-4925,
42  and amendments thereto. No prior service credit under the Kansas public
43  employees retirement system shall be credited to such employees for
HB 2493
                                     

 1  service with Washburn university of Topeka prior to July 1, 1998, except
 2  that such service prior to July 1, 1998, shall be credited toward satisfaction
 3  of any requirement to complete certain periods of service for membership
 4  or participation by such persons in such retirement system or retirement
 5  annuity plan.
 6    (d)  All employees appointed under this section to positions at Wash-
 7  burn university shall be credited with all service of such employees with
 8  Washburn university of Topeka prior to July 1, 1998, for all purposes of
 9  determining longevity and longevity benefits under the Kansas civil serv-
10  ice act or under the policies and rules and regulations of the state board
11  of regents. All sick and personal leave accrued by such employees for
12  service with Washburn university of Topeka prior to July 1, 1998, shall
13  be credited to such employees as sick and annual leave under the appli-
14  cable policies and rules and regulations of the state board of regents or
15  rules and regulations adopted under the Kansas civil service act.
16    (e)  Subject to and in accordance with the provisions of appropriation
17  acts, in order to provide employee and family health care coverage or
18  health care services of a health maintenance organization for employees
19  appointed under this section to positions at Washburn university, the
20  Kansas state employees health care commission and the secretary of ad-
21  ministration are hereby authorized to adopt and make supplemental pro-
22  visions for the participation of such employees within the state health
23  care benefits program under the cafeteria benefits plan established pur-
24  suant to K.S.A. 75-6512, and amendments thereto.
25    New Sec. 6.  (a) On July 1, 1998, or as soon thereafter as outstanding,
26  long-term investments may be liquidated without penalty, the Washburn
27  board with regard to any such long-term investments, shall pay to the
28  state treasurer all unencumbered and unexpended moneys of Washburn
29  university of Topeka, except moneys (1) which constitute endowment
30  property, (2) which are the moneys of a not-for-profit corporation oper-
31  ating the student union at the university or of any other not-for-profit
32  corporation participating in university affiliated activities, or (3) which are
33  the proceeds from the levy authorized by K.S.A. 13-13a23, and amend-
34  ments thereto. The sum of all such payments to the state treasurer shall
35  not be less than $7,000,000. Upon receipt of such moneys, the state treas-
36  urer shall deposit the entire amount in the state treasury to the credit of
37  the Washburn university support fund which is hereby created in the state
38  treasury.
39    (b)  After June 30, 1998, any moneys to which Washburn university
40  of Topeka is entitled from the tax levies made by the board of regents of
41  Washburn university of Topeka under K.S.A. 12-16,102 and 13-13a18,
42  and amendments thereto, for tax years prior to tax year 1998, shall be
43  paid to the state treasurer who shall deposit such moneys in the state
HB 2493
                                     

 1  treasury to the credit of the Washburn university support fund.
 2    (c)  The director of accounts and reports shall create appropriate ac-
 3  counts in the Washburn university support fund for general use moneys
 4  and restricted use moneys.
 5    (d)  After June 30, 1998, any moneys to which Washburn university
 6  of Topeka is entitled from the tax levy made by the board of regents of
 7  Washburn university of Topeka under K.S.A. 13-13a23, and amendments
 8  thereto, for tax years prior to tax year 1998, shall be paid to the Washburn
 9  board and shall not be deposited in the state treasury.
10    (e)  On or before the 10th of each month, the director of accounts
11  and reports shall transfer from the state general fund to the Washburn
12  university support fund interest earnings based on:
13    (1)  The average daily balance of moneys in the Washburn university
14  support fund for the preceding month; and
15    (2)  the net earnings rate of the pooled money investment portfolio
16  for the preceding month.
17    New Sec. 7.  (a) At the time of the transfer of control and supervision
18  of Washburn university to the state board of regents on July 1, 1998, the
19  board of regents of Washburn university of Topeka is hereby abolished
20  and there is hereby established the board of trustees for Washburn uni-
21  versity, which shall be referred to as the Washburn board in sections 1
22  through 10, and amendments thereto. Within the powers, duties and
23  functions prescribed by this act, the Washburn board is hereby declared
24  to be an agency of the state for all purposes under the Kansas tort claims
25  act and the members of the Washburn board are hereby declared to be
26  employees under the Kansas tort claims act of the Washburn board.
27    (b)  The Washburn board shall be composed of nine members who
28  are residents of Kansas and appointed by the governor. Members ap-
29  pointed to the Washburn board are eligible for reappointment. Persons
30  serving as members of the board of regents of Washburn university of
31  Topeka on June 30, 1998, are eligible for appointment to the Washburn
32  board. All vacancies in office of members of the Washburn board shall
33  be filled by appointment by the governor for the remainder of the unex-
34  pired term of the member creating the vacancy.
35    (c)  The members of the Washburn board shall serve for terms of four
36  years and until their respective successors have been appointed and qual-
37  ified, except that, of the members initially appointed for the terms com-
38  mencing on July 1, 1998, three shall serve for terms of three years, three
39  shall serve for terms of two years, and three shall serve for terms of one
40  year.
41    (d)  The primary purpose of the Washburn board shall be to support
42  the educational undertakings of Washburn university. The Washburn
43  board shall have the right, power and authority to have a seal, to employ
HB 2493
                                     

 1  such employees as are necessary for its functions, to sue and be sued and
 2  all other powers and privileges as may be necessary for the discharge of
 3  its duties and responsibilities for its functions, which are not in conflict
 4  with this act or any other law. The Washburn board shall also have the
 5  power and authority to use the proceeds of the tax levy provided for in
 6  section 9, and amendments thereto, for purposes for the benefit of Wash-
 7  burn university which shall include, but not be limited to, construction,
 8  reconstruction or equipping of new or existing buildings or for any other
 9  permanent improvements. After July 1, 1998, the Washburn board shall
10  also have the power and authority to issue bonds as provided in section
11  9, and amendments thereto.
12    New Sec. 8.  On July 1, 1998, the board of trustees of the Washburn
13  endowment association, a not-for-profit corporation organized and exist-
14  ing under the laws of Kansas, shall assume all of the rights, powers and
15  authority of, and shall be deemed to be the same legal entity as, the board
16  of regents of Washburn university of Topeka with respect to endowment
17  property of Washburn university of Topeka and shall succeed by opera-
18  tion of law to the ownership of all such endowment property and all such
19  endowment property is hereby transferred and conveyed thereto. The
20  board of trustees of the Washburn endowment association shall have the
21  right to hold, manage, lease, sell and receive properties, real and personal,
22  for the endowment or benefit of Washburn university.
23    New Sec. 9.  (a) The governing body of the city of Topeka shall levy
24  an annual tax commencing with the tax year 1998 at the rate fixed by the
25  Washburn board of not to exceed 6.0 mills on all taxable tangible property
26  in such city. That portion of the amount constituting the proceeds of such
27  levy together with the proceeds of levies for prior years under K.S.A. 13-
28  13a23, and amendments thereto, as are required to retire and pay the
29  interest on bonds of Washburn university of Topeka approved or issued
30  and outstanding on or by July 1, 1998, or on bonds of the Washburn
31  board issued under this section and outstanding after July 1, 1998, shall
32  be paid by the county treasurer to the state treasurer and, upon receipt
33  of the same, the state treasurer shall credit the amount paid to the Wash-
34  burn university bond and interest sinking fund which is hereby created
35  in the state treasury and which shall be used by the state board of regents
36  for the purpose of retiring and paying the principal of and interest on all
37  such bonds.
38    (b)  The Washburn board shall have the continuing right, power and
39  authority, by resolution and for the purposes approved by the state board
40  of regents, to issue bonds from time to time, for the purpose of acquiring
41  real estate, erecting buildings for Washburn university or additions to
42  present buildings of such university and the purchase of equipment for
43  such buildings and for refunding any indebtedness for Washburn univer-
HB 2493
                                     

 1  sity. There shall not be outstanding at any one time an aggregate of bonds
 2  issued under this section by the Washburn board in excess of 2% of the
 3  assessed valuation of the taxable tangible property within the city of To-
 4  peka. The bonds shall bear interest at a rate not exceeding the maximum
 5  rate of interest prescribed by K.S.A. 10-1009, and amendments thereto,
 6  and shall mature not later than 30 years from date of issuance. Payment
 7  of bonds issued under this section by the Washburn board shall be made
 8  by the state board of regents in accordance with subsection (a).
 9    (c)  If the proceeds of such levy in any year, together with funds avail-
10  able from previous levies, are insufficient to pay the principal of and
11  interest on all such bonds required to be paid in such year, the governing
12  body of the city of Topeka shall make such additional tax levy as may be
13  necessary to pay such interest and principal installments coming due in
14  such year in full. The proceeds of any such additional tax levy shall be
15  paid by the county treasurer to the state treasurer and shall be credited
16  by the state treasurer to the Washburn university bond and interest sink-
17  ing fund.
18    (d)  The balance of any levies made under this section, if any, which
19  remains after the amount required to retire and pay the interest on all
20  such bonds is paid to the state treasurer shall be paid over to the Wash-
21  burn board and shall be used for such purposes authorized by section 7,
22  and amendments thereto, as may be determined by the Washburn board,
23  except that the Washburn board shall not make any expenditures for any
24  expense of Washburn university or for any campus property thereof un-
25  less such expenditures have received prior approval by the state board of
26  regents.
27    (e)  The bonds described in this section shall not be considered in
28  applying any law limiting bonded indebtedness of the city of Topeka. The
29  tax levies authorized by this section are exempt from the limitation im-
30  posed under the provisions of K.S.A. 79-5021 through 79-5035, and
31  amendments thereto.
32    (f)  On or before the 10th of each month, the director of accounts and
33  reports shall transfer from the state general fund to the Washburn uni-
34  versity bond and interest sinking fund interest earnings based on:
35    (1)  The average daily balance of moneys in the Washburn university
36  bond and interest sinking fund for the preceding month; and
37    (2)  the net earnings rate of the pooled money investment portfolio
38  for the preceding month.
39    New Sec. 10.  (a) For the 1997-98 academic year, the rate of Kansas
40  resident undergraduate tuition per credit hour to be charged and col-
41  lected by Washburn university of Topeka shall be fixed by the board of
42  regents of Washburn university of Topeka so that any percentage increase
43  in the rate fixed for any such academic year does not exceed the per-
HB 2493
                                     

 1  centage increase in the consumer price index for the calendar year pre-
 2  ceding the calendar year during which such academic year commences.
 3    (b)   For the 1998-99 academic year and for each academic year there-
 4  after, until such time as the state board of regents determines that the
 5  rates of Kansas resident undergraduate tuition for other state educational
 6  institutions are comparable to the rate of Kansas resident undergraduate
 7  tuition for Washburn university, the state board of regents shall submit
 8  budget requests for Washburn university which presume that the per-
 9  centage increase in the rate of Kansas resident undergraduate tuition for
10  Washburn university shall be no greater than the estimated percentage
11  increase in the consumer price index.
12    (c)  As used in this section, ``consumer price index'' means the twelve-
13  month average of the consumer price index for all urban consumers
14  United States city average which is published by the United States de-
15  partment of labor.
16    Sec. 11.  K.S.A. 1996 Supp. 41-719 is hereby amended to read as
17  follows: 41-719. (a) No person shall drink or consume alcoholic liquor on
18  the public streets, alleys, roads or highways or inside vehicles while on
19  the public streets, alleys, roads or highways.
20    (b)  No person shall drink or consume alcoholic liquor on private
21  property except:
22    (1)  On premises where the sale of liquor by the individual drink is
23  authorized by the club and drinking establishment act;
24    (2)  upon private property by a person occupying such property as an
25  owner or lessee of an owner and by the guests of such person, if no charge
26  is made for the serving or mixing of any drink or drinks of alcoholic liquor
27  or for any substance mixed with any alcoholic liquor and if no sale of
28  alcoholic liquor in violation of K.S.A. 41-803, and amendments thereto,
29  takes place;
30    (3)  in a lodging room of any hotel, motel or boarding house by the
31  person occupying such room and by the guests of such person, if no
32  charge is made for the serving or mixing of any drink or drinks of alcoholic
33  liquor or for any substance mixed with any alcoholic liquor and if no sale
34  of alcoholic liquor in violation of K.S.A. 41-803, and amendments thereto,
35  takes place;
36    (4)  in a private dining room of a hotel, motel or restaurant, if the
37  dining room is rented or made available on a special occasion to an in-
38  dividual or organization for a private party and if no sale of alcoholic liquor
39  in violation of K.S.A. 41-803, and amendments thereto, takes place; or
40    (5) on the premises of a microbrewery or farm winery, if authorized
41  by K.S.A. 41-308a or 41-308b, and amendments thereto.
42    (c)  No person shall drink or consume alcoholic liquor on public prop-
43  erty except:
HB 2493
                                     

 1    (1)  On real property leased by a city to others under the provisions
 2  of K.S.A. 12-1740 through 12-1749, and amendments thereto, if such real
 3  property is actually being used for hotel or motel purposes or purposes
 4  incidental thereto.
 5    (2)  In any state-owned or operated building or structure, and on the
 6  surrounding premises, which is furnished to and occupied by any state
 7  officer or employee as a residence.
 8    (3)  On premises licensed as a club or drinking establishment and
 9  located on property owned or operated by an airport authority created
10  pursuant to chapter 27 of the Kansas Statutes Annotated or established
11  by a city having a population of more than 200,000.
12    (4)  On the state fair grounds on the day of any race held thereon
13  pursuant to the Kansas parimutuel racing act.
14    (5)  On the state fairgrounds, if such liquor is domestic wine or wine
15  imported under subsection (e) of K.S.A. 41-308a, and amendments
16  thereto, and is consumed only for purposes of judging competitions.
17    (6)  In the state historical museum provided for by K.S.A. 76-2036,
18  and amendments thereto, on the surrounding premises and in any other
19  building on such premises, as authorized by rules and regulations of the
20  state historical society.
21    (7)  On the premises of any state-owned historic site under the juris-
22  diction and supervision of the state historical society, on the surrounding
23  premises and in any other building on such premises, as authorized by
24  rules and regulations of the state historical society.
25    (8)  On property exempted from this subsection (c) pursuant to sub-
26  section (d), (e), (f), (g) or (h).
27    (d)  Any city may exempt, by ordinance, from the provisions of sub-
28  section (c) specified property the title of which is vested in such city.
29    (e)  The board of county commissioners of any county may exempt,
30  by resolution, from the provisions of subsection (c) specified property the
31  title of which is vested in such county.
32    (f)  The state board of regents may exempt from the provisions of
33  subsection (c) specified property which is under the control of such board
34  and which is not used for classroom instruction, where alcoholic liquor
35  may be consumed in accordance with policies adopted by such board.
36    (g)  Prior to July 1, 1998, the board of regents of Washburn university
37  may exempt from the provisions of subsection (c) the Mulvane art center
38  and the Bradbury Thompson alumni center on the campus of Washburn
39  university, and other specified property the title of which is vested in such
40  board and which is not used for classroom instruction, where alcoholic
41  liquor may be consumed in accordance with policies adopted by such
42  board.  Any such exemption adopted prior to July 1, 1998, shall remain in
43  effect on and after such date, subject to the policies of the state board of
HB 2493
                                     

 1  regents, and alcoholic liquor may be consumed on the specified property
 2  on and after July 1, 1998, in accordance with policies adopted by the state
 3  board of regents.
 4    (h)  Any city may exempt, by ordinance, from the provisions of sub-
 5  section (c) any national guard armory in which such city has a leasehold
 6  interest, if the Kansas military board consents to the exemption.
 7    (i)  Violation of any provision of this section is a misdemeanor punish-
 8  able by a fine of not less than $50 or more than $200 or by imprisonment
 9  for not more than six months, or both.
10    Sec. 12.  K.S.A. 73-1217 is hereby amended to read as follows: 73-
11  1217. The board of trustees of every community junior college, the board
12  of regents of Washburn university of Topeka during the period preceding
13  July 1, 1998, the board of control of every area vocational school and the
14  governing body of every other institution of post-high school education
15  which is supported by any state moneys shall provide for enrollment with-
16  out charge of tuition or fees for any dependent of a prisoner of war or a
17  person missing in action, so long as such dependent is eligible, but not
18  to exceed twelve (12) 12 semesters of instruction or the equivalent thereof
19  at all such institutions for any person. Once a person qualifies as a de-
20  pendent under the terms and provisions of this act, no occurrence, such
21  as the return of the dependent's father or his reported death, shall dis-
22  qualify the dependent from the provisions or benefits of this act. The
23  state board of regents, the board of trustees of any community junior
24  college, or the governing body of any other institution which grants tuition
25  for fees without charge to a dependent under this act may file a claim
26  with the Kansas veterans' commission for reimbursement of the amount
27  of such tuition or fees. The Kansas veterans' commission shall administer
28  this act and qualifications of persons as dependents shall be determined
29  by such commission. Such commission may adopt rules and regulations
30  making more specific the definitions herein contained and for the ad-
31  ministration of this act.
32    Sec. 13.  K.S.A. 73-1218 is hereby amended to read as follows: 73-
33  1218. The state board of regents, the board of trustees of every com-
34  munity junior college, the board of regents of Washburn university of
35  Topeka during the period preceding July 1, 1998, the board of every area
36  vocational school, the board of control of every area vocational-technical
37  school and the governing body of every other institution of post-high
38  school education which is supported by any state moneys shall provide
39  for enrollment without charge of tuition or fees for any dependent of a
40  person who died as the result of a service-connected disability suffered
41  during the Vietnam conflict as a result of such conflict, so long as such
42  dependent is eligible, but not to exceed twelve (12) 12 semesters of in-
43  struction or the equivalent thereof at all such institutions for any person.
HB 2493
                                     

 1  Once a person qualifies as a dependent under the terms and provisions
 2  of this act, no occurrence, such as the return of the dependent's father
 3  or mother, shall disqualify the dependent from the provisions or benefits
 4  of this act. The governing body of every institution of post-high school
 5  education which is supported by any state moneys and which grants tui-
 6  tion or fees without charge to a dependent under this act may file a claim
 7  with the Kansas veterans' commission for reimbursement of the amount
 8  of such tuition or fees. The Kansas veterans' commission shall administer
 9  this act and the qualification of persons as dependents shall be deter-
10  mined by such commission. Such commission may adopt rules and reg-
11  ulations making more specific the definition herein contained and for the
12  administration of this act.
13    ``Dependent'' as used in this act shall mean any child born to, legally
14  adopted by, or in the legal custody of a person who was a resident of the
15  state of Kansas at the time such person entered service of the United
16  States armed forces and who, while serving in said U.S. armed forces in
17  the geographical area of the Vietnam conflict, has been declared to be a
18  person who died as the result of a service-connected disability suffered
19  during the Vietnam conflict as a result of such conflict.
20    Sec. 14.  K.S.A. 1996 Supp. 74-3209 is hereby amended to read as
21  follows: 74-3209. As used in this act:
22    (a)  ``Institution'' means the university of Kansas, university of Kansas
23  medical center, Kansas state university of agriculture and applied science,
24  Wichita state university, Emporia state university, Pittsburg state univer-
25  sity, Fort Hays state university, and Kansas state university--Salina, col-
26  lege of technology, and, after June 30, 1998, Washburn University;
27    (b)  ``governing authority'' means the state board of regents or the
28  chief executive officer of an institution if such officer has been designated
29  by the state board to act on its behalf in exercising the authority of the
30  board to care for, control, maintain and supervise all roads, streets, drive-
31  ways and parking facilities for vehicles on the grounds of the institution;
32  and
33    (c)  ``vehicle'' means motor vehicle, motorized bicycle and bicycle.
34    Sec. 15.  K.S.A. 74-3229 is hereby amended to read as follows: 74-
35  3229. (a) There is hereby established the students' advisory committee to
36  the state board of regents. Prior to July 1, 1996, the students' advisory
37  committee shall be composed of seven members who shall be the highest
38  student executive officer elected by the entire student body at the uni-
39  versity of Kansas, Kansas state university of agriculture and applied sci-
40  ence, Emporia state university, Pittsburg state university, Fort Hays state
41  university, Wichita state university, and Kansas state university -- Salina,
42  college of technology. On and after July 1, 1996, the students' advisory
43  committee shall be composed of six members who shall be are the highest
HB 2493
                                     

 1  student executive officer officers elected by the entire student body at
 2  the university of Kansas, Kansas state university of agriculture and applied
 3  science, Emporia state university, Pittsburg state university, Fort Hays
 4  state university, and Wichita state university. On and after July 1, 1998,
 5  the students' advisory committee shall be composed of seven members who
 6  are the highest student executive officers elected by the entire student body
 7  at the university of Kansas, Kansas state university of agriculture and
 8  applied science, Emporia state university, Pittsburg state university, Fort
 9  Hays state university, Wichita state university and Washburn university.
10    The chief executive officers of the state educational institutions under
11  the control and supervision of the state board of regents shall annually
12  certify to the state board the names of the student executive officers
13  elected to membership on the students' advisory committee and, upon
14  such certification, the student officers shall qualify for membership on
15  the committee. The members of the advisory committee shall serve for
16  terms expiring concurrently with their terms as elective student officers
17  and upon qualification of their successors.
18    (b)  The students' advisory committee shall be notified of all meetings
19  of the state board of regents and shall have the following functions, pow-
20  ers and duties:
21    (1)  Attend all meetings of the state board of regents except closed or
22  executive meetings held pursuant to the provisions of K.S.A. 75-4319,
23  and amendments thereto;
24    (2)  make recommendations to the board of regents concerning course
25  and curriculum planning and faculty evaluation;
26    (3)  advise and consult with the board of regents in the formulation
27  of policy decisions on student affairs;
28    (4)  identify student concerns;
29    (5)  consider any problems presented to it by the board of regents and
30  give advice thereon; and
31    (6)  disseminate information to their peers concerning the philoso-
32  phies and standards of education developed by the board of regents and
33  stimulate awareness of student rights and responsibilities.
34    (c)  Members of the students' advisory committee attending meetings
35  of the state board of regents shall receive no compensation for serving on
36  such advisory committee, but shall be paid subsistence allowances, mile-
37  age and other expenses as provided in K.S.A. 75-3223, and amendments
38  thereto, from moneys appropriated therefor to the state board of regents.
39    Sec. 16.  K.S.A. 75-2576 is hereby amended to read as follows: 75-
40  2576. As used in this act, unless the context otherwise requires:
41    (a)  ``Board'' means the Kansas library network board created by this
42  act;
43    (b)  ``regional systems of cooperating libraries'' means the regional sys-
HB 2493
                                     

 1  tems of cooperating libraries created under authority of K.S.A. 75-2547
 2  to 75-2552, inclusive, and amendments thereto;
 3    (c)  ``systems librarians'' means the chief officers of the regional sys-
 4  tems of cooperating libraries;
 5    (d)  ``public libraries'' means libraries operated under the provisions
 6  of K.S.A. 12-1215 to 12-1248, inclusive, and amendments thereto;
 7    (e)  ``public librarians'' means the chief officers of the public libraries;
 8    (f)  ``state library'' means the Kansas state library created and oper-
 9  ating under authority of K.S.A. 75-2534, and amendments thereto;
10    (g)  ``state librarian'' means the chief officer thereof, appointed pur-
11  suant to K.S.A. 75-2535, and amendments thereto;
12    (h)  ``regents' librarians'' means the chief officers of the libraries at
13  institutions operated by the Kansas state board of regents;
14    (i)  ``school librarians'' means the chief officers of libraries operated
15  by unified school districts;
16    (j)  ``community college librarians'' means chief officers of libraries
17  operated by community colleges established pursuant to K.S.A. 71-1401
18  through 71-1420, inclusive, and amendments thereto;
19    (k)  ``private college librarians'' means chief officers of libraries op-
20  erated by accredited independent institutions as defined in K.S.A. 72-
21  6107, and amendments thereto, and, prior to July 1, 1998, the chief officer
22  of the library operated by Washburn university of Topeka;
23    (l)  ``special librarians'' means the chief officers of all other publicly
24  supported and private libraries, including special purpose libraries and
25  archives located in Kansas;
26    (m)  ``library network'' means an organization of types of libraries in-
27  terconnected to achieve their common purposes through cooperative use
28  of communications, computer technology, library and human resources.
29    Sec. 17.  K.S.A. 1996 Supp. 75-3731 is hereby amended to read as
30  follows: 75-3731. (a)  Unless a claim is ordered paid by act of the legis-
31  lature, the director of accounts and reports may refuse to pay any account,
32  bill, claim, refund or demand on funds in the state treasury when the
33  director determines that it is not a valid obligation or was not incurred in
34  accordance with applicable laws and rules and regulations.
35    (b)  Procedures for the processing of payrolls shall be prescribed by
36  the director of accounts and reports, subject to the approval of the sec-
37  retary of administration.
38    (c)  The state treasurer shall transmit to the director of accounts and
39  reports copies of all receipt documents showing all receipts received by
40  the state treasurer. Such receipt documents shall be audited and exam-
41  ined by the director of accounts and reports.
42    (d)  The requirements of this section shall be subject to the provisions
43  of section 4, and amendments thereto, and compliance with operating
HB 2493
                                     

 1  procedures and policies approved by the secretary of administration un-
 2  der section 4, and amendments thereto, for Washburn university for the
 3  fiscal year ending June 30, 1999, shall satisfy the requirements of this
 4  section.
 5    Sec. 18.  K.S.A. 1996 Supp. 75-3732 is hereby amended to read as
 6  follows: 75-3732. (a) Subject to the provisions of K.S.A. 75-3731, and
 7  amendments thereto, the director of accounts and reports shall provide
 8  for the payment of accounts, bills, claims, funds and demands by issuing
 9  warrants drawn on the state treasurer or as an alternative, permissive
10  method in the case of claims for salaries or wages, by utilizing procedures
11  authorized by K.S.A. 75-5540, and amendments thereto. Except as au-
12  thorized by subsection (c) and (d) this section, the director of accounts
13  and reports shall sign and the state treasurer shall cosign all such warrants
14  for money before their delivery by the director of accounts and reports
15  to the persons entitled thereto. Forms for such warrants shall be pre-
16  scribed by the director of accounts and reports. The director of accounts
17  and reports shall transmit to the state treasurer a duplicate copy of the
18  director's record of all warrants issued by the director.
19    (b)  When the claim as shown to be due any individual payee on any
20  voucher submitted by an agency is less than $5, no warrant shall be issued
21  except as approved by the director of accounts and reports. Claims for
22  amounts less than $5 shall be paid by an agency from the agency's imprest
23  fund or petty cash fund under procedures prescribed by the director of
24  accounts and reports or as otherwise prescribed by the director.
25    (c)  The director of accounts and reports may designate one or more
26  persons to sign, on behalf of the director of accounts and reports, warrants
27  which do not exceed $5,000 for the payment of prizes to the holders of
28  valid winning lottery tickets or shares pursuant to K.S.A. 74-8712, and
29  amendments thereto.
30    (d)  The secretary of administration and the state treasurer may agree,
31  in writing, to establish funds transfers pursuant to article 4a of chapter
32  84 of the Kansas Statutes Annotated for various categories of payments.
33  In addition to the paper warrants described in subsection (a), the term
34  warrant or state warrant as used in state law, shall also include payments
35  pursuant to any funds transfers authorized pursuant to this subsection.
36    (e)  The requirements of this section shall be subject to the provisions
37  of section 4, and amendments thereto, and compliance with operating
38  procedures and policies approved by the secretary of administration un-
39  der section 4, and amendments thereto, for Washburn university for the
40  fiscal year ending June 30, 1999, shall satisfy the requirements of this
41  section.
42    Sec. 19.  K.S.A. 1995 Supp. 75-3765, as amended by section 128 of
43  chapter 229 of the 1996 Session Laws of Kansas, is hereby amended to
HB 2493
                                     

 1  read as follows: 75-3765. (a) The secretary of administration shall assign
 2  space and facilities in all state-owned or operated property or buildings
 3  in Shawnee county, Kansas, except the state capitol, Topeka correctional
 4  facility, the Kansas neurological institute, the juvenile correctional facility
 5  at Topeka, the employment security administrative office building, 401
 6  Topeka avenue, Kansas state employment service building, 1309 Topeka
 7  avenue, the Topeka state hospital, state highway shops and laboratory and,
 8  property of the Kansas national guard and, after June 30, 1998, campus
 9  property of Washburn university, as defined by section 1, and amend-
10  ments thereto, for the use of the various state agencies and may deter-
11  mine, fix and establish a system of rental charges by the square foot and
12  collect the same monthly for space and facilities occupied by each state
13  agency whenever any appropriation for rental for space and facilities is
14  made therefor, in an amount not to exceed the amount appropriated. The
15  secretary of administration also may assign space and facilities, establish
16  a system of rental charges and collect rents for property and buildings
17  owned or controlled by the department of administration in other parts
18  of the state. The amounts collected shall be remitted by the secretary of
19  administration to the state treasurer and the state treasurer shall deposit
20  such amounts in the state treasury to the credit of the building and ground
21  fund, except that amounts collected for space and facilities in the state
22  office building located between Ninth, Tenth, Harrison and Topeka
23  streets shall be deposited in the state treasury to the credit of the fund
24  provided in K.S.A. 75-3615, and amendments thereto. Notwithstanding
25  the other provisions of this section, charge for and deposit of rentals for
26  the buildings and properties to which K.S.A. 75-3629 to through 75-3647,
27  and amendments thereto, apply shall be in compliance with such statutes.
28  On or before December 31, 1994, and on or before each December 31,
29  thereafter, the secretary of administration shall present a report to the
30  joint committee on state building construction concerning any actions
31  taken by the secretary pursuant to authority granted to the secretary un-
32  der this subsection. The report shall describe the action taken and the
33  statutory authority authorizing such action.
34    (b)  The secretary of administration shall require five-year building
35  space utilization plans from all state agencies and develop a database of
36  all state-owned or leased building and storage space. This database shall
37  serve as the central repository of state-owned or leased building and stor-
38  age space information. All changes made in the ownership or leasing
39  status of all building space utilized by state agencies shall be reported to
40  the secretary of administration and entered into this database. The da-
41  tabase shall include the actual and budgeted amount of money paid by
42  state agencies for building and storage space. The database may include
43  any other information related to the building space needs of the state as
HB 2493
                                     

 1  determined to be necessary by the secretary of administration. All state
 2  agencies shall cooperate with requests for information concerning build-
 3  ing space and storage space made by the secretary of administration or
 4  the secretary of administration's designee. As used in this section, state
 5  agencies shall include those agencies considered to be quasi-state agen-
 6  cies. On or before December 31, 1994, and on or before each December
 7  31 thereafter, the secretary of administration shall present a report of
 8  state-owned or leased building and storage space information to the joint
 9  committee on state building construction and shall provide notice at the
10  same time to the secretary of the senate and to the chief clerk of the
11  house of representatives that such report is available to members of the
12  legislature.
13    Sec. 20.  K.S.A. 75-4101 is hereby amended to read as follows: 75-
14  4101. (a) There is hereby created a committee on surety bonds and in-
15  surance, which shall consist of the state treasurer, the attorney general
16  and the commissioner of insurance or their respective designees. The
17  commissioner of insurance shall be the chairperson of the committee and
18  the director of purchases or the director's designee shall be ex officio
19  secretary. The committee shall meet on call of the chairperson and at
20  such other times as the committee shall determine but at least once each
21  month on the second Monday in each month. Meetings shall be held in
22  the office of the commissioner of insurance. The members of the com-
23  mittee shall serve without compensation. The secretary shall be the cus-
24  todian of all property, records and proceedings of the committee. Except
25  as provided in subsections (b) and (c) and, in K.S.A. 74-4925 and 74-4927,
26  and amendments thereto, and in K.S.A. 75-6501 to 75-6511, inclusive,
27  and amendments thereto, and in K.S.A. 76-749, and amendments thereto,
28  and in section 4, and amendments thereto, no state agency shall purchase
29  any insurance of any kind or nature or any surety bonds upon state officers
30  or employees, except as provided in this act. Except as otherwise provided
31  in this section or in section 5, and amendments thereto, health care cov-
32  erage and health care services of a health maintenance organization for
33  state officers and employees designated under subsection (c) of K.S.A.
34  75-6501, and amendments thereto, shall be provided in accordance with
35  the provisions of K.S.A. 75-6501 to 75-6511, inclusive, and amendments
36  thereto.
37    (b)  The Kansas turnpike authority may purchase group life, health
38  and accident insurance or health care services of a health maintenance
39  organization for its employees or members of the highway patrol assigned,
40  by contract or agreement entered pursuant to K.S.A. 68-2025, and
41  amendments thereto, to police toll or turnpike facilities, independent of
42  the committee on surety bonds and insurance and of the provisions of
43  K.S.A. 75-6501 to 75-6511, inclusive, and amendments thereto. Such au-
HB 2493
                                     

 1  thority may purchase liability insurance covering all or any part of its
 2  operations and may purchase liability and related insurance upon all ve-
 3  hicles owned or operated by the authority independent of the committee
 4  on surety bonds and insurance and such insurance may be purchased
 5  without complying with K.S.A. 75-3738 to 75-3744, inclusive, and amend-
 6  ments thereto. Any board of county commissioners may purchase such
 7  insurance or health care services, independent of such committee, for
 8  district court officers and employees any part of whose total salary is
 9  payable by the county. Nothing in any other provision of the laws of this
10  state shall be construed as prohibiting members of the highway patrol so
11  assigned to police toll or turnpike facilities from receiving compensation
12  in the form of insurance or health maintenance organization coverage as
13  herein authorized.
14    (c)  The agencies of the state sponsoring a foster grandparent or senior
15  companion program, or both, shall procure a policy of accident, personal
16  liability and excess automobile liability insurance insuring volunteers par-
17  ticipating in such programs against loss in accordance with specifications
18  of federal grant guidelines. Such agencies may purchase such policy of
19  insurance independent of the committee on surety bonds and insurance
20  and without complying with K.S.A. 75-3738 to 75-3744, inclusive, and
21  amendments thereto.
22    Sec. 21.  K.S.A. 75-5501 is hereby amended to read as follows: 75-
23  5501. (a) The director of accounts and reports shall formulate a system
24  of payroll accounting, including timekeeping, payroll calculation and pay
25  distribution (delivery) and labor cost distribution and analysis, and shall
26  install and operate such system of payroll accounting for all state agencies.
27  The system shall include provision for centralized records, which shall
28  include payroll data for all individuals which with the common law em-
29  ployer-employee relationship is created by agencies of the state of Kansas
30  and which shall be coordinated with records maintained by the division
31  of personnel services and other state agencies. If biweekly payroll periods
32  are established under K.S.A. 75-5501a, and amendments thereto, the sys-
33  tem of payroll accounting shall be modified to implement such biweekly
34  payroll periods. State agencies shall utilize the system of payroll account-
35  ing to the extent prescribed by the director of accounts and reports, and
36  shall submit such reports and statements as may be required by the di-
37  rector in order to carry out the provisions of this act. The director of
38  accounts and reports shall design, revise and direct the use of records and
39  procedures and prescribe classifications of coding payroll data, methods
40  of funding labor cost through the central payroll account and a system of
41  prepayment and postpayment debit and credit transactions and entries
42  on the records created from payroll data and the necessary forms to be
43  used by all state agencies in connection with such system of payroll ac-
HB 2493
                                     

 1  counting. The payroll system so designed shall include generally accepted
 2  accounting principles of internal check, and may include timekeeping for
 3  attendance and performance, as prescribed in this act.
 4    (b)  The director of accounts and reports shall provide, as a part of
 5  the system of payroll accounting, a plan for the deduction from the salary
 6  or wages of an amount equal to regular membership dues for state officers
 7  and employees who are members of the Kansas troopers association or
 8  who are in any employee organization which has filed an annual report
 9  pursuant to K.S.A. 75-4337, and amendments thereto, or which has a
10  business agent registered pursuant to K.S.A. 75-4336, and amendments
11  thereto. Such plan, in addition to such provisions as are negotiated by the
12  director of accounts and reports and the employee organization, shall
13  provide for:
14    (1)  A written authorization-assignment by a state officer or employee
15  prior to any dues deduction from the salary or wages of such officer or
16  employee, which authorization-assignment shall remain effective for not
17  less than 180 days and shall be terminated at any time thereafter upon
18  30 days' prior notice by the state officer or employee of termination of
19  the authorization-assignment;
20    (2)  change in the amount of regular membership dues to be de-
21  ducted, but not more often than twice in any fiscal year;
22    (3)  renewal of an authorization-assignment by an officer or employee
23  after termination of a prior authorization-assignment upon 90 days' prior
24  notice by the officer or employee who has terminated a membership dues
25  deduction; and
26    (4)  payment of all moneys deducted each payroll period pursuant to
27  this section to the employee organization less the amount of actual direct
28  expenses incurred by this state for the membership dues deduction.
29    (c)  The requirements of this section and the system of payroll ac-
30  counting shall be subject to the provisions of section 4, and amendments
31  thereto, and compliance with operating procedures and policies approved
32  by the secretary of administration under section 4, and amendments
33  thereto, for Washburn university for the fiscal year ending June 30, 1998,
34  shall satisfy the requirements of this section and the system of payroll
35  accounting.
36    Sec. 22.  K.S.A. 1996 Supp. 76-156a is hereby amended to read as
37  follows: 76-156a. The Kansas university endowment association is hereby
38  authorized to act as the investing agent for any endowment or bequest to
39  the university of Kansas. The Kansas state university foundation is hereby
40  authorized to act as the investing agent for any endowment or bequest to
41  Kansas state university of agriculture and applied science or to Kansas
42  state university -- Salina, college of technology. The Wichita state uni-
43  versity endowment association is hereby authorized to act as the investing
HB 2493
                                     

 1  agent for any endowment or bequest to Wichita state university. The Fort
 2  Hays Kansas state university endowment association is hereby authorized
 3  to act as the investing agent for any endowment or bequest to Fort Hays
 4  state university. The Emporia state university foundation, inc., is hereby
 5  authorized to act as the investing agent for any endowment or bequest to
 6  Emporia state university. The Pittsburg state university foundation, inc.,
 7  is hereby authorized to act as the investing agent for any endowment or
 8  bequest to Pittsburg state university. On and after July 1, 1998, the Wash-
 9  burn endowment association is hereby authorized to act as the investing
10  agent for any endowment or bequest to Washburn university.
11    Any such investing agent may exercise such fiscal management and
12  administrative powers as may be necessary or appropriate for the lawful
13  and efficient management of any such endowment or bequest. Each in-
14  vesting agent is hereby authorized to execute any agreements or other
15  legal papers appropriate to the accomplishment of the purposes of this
16  act with respect to any such endowment or bequest.
17    Sec. 23.  K.S.A. 1996 Supp. 76-6a01 is hereby amended to read as
18  follows: 76-6a01. As used in this act, unless the context otherwise requires:
19    (a)  ``Board'' means the state board of regents.
20    (b)  ``Institution'' or ``institutions'' means and includes the university
21  of Kansas, university of Kansas school of medicine, Kansas state university
22  of agriculture and applied science, Wichita state university, Emporia state
23  university, Fort Hays state university, and Pittsburg state university, and,
24  after June 30, 1998, Washburn university, together with all other state
25  institutions of learning now or hereafter under the control and supervision
26  of the board.
27    (c)  ``Student union building'' means a building and related parking
28  area constructed for, and used solely as, a recreational center for students,
29  boarding students and other purposes incidental thereto.
30    (d)  ``Student dormitory'' means a building erected for, and used solely
31  as, a place for housing and boarding students and other purposes inci-
32  dental thereto.
33    Sec. 24.  K.S.A. 1996 Supp. 76-711 is hereby amended to read as
34  follows: 76-711. As used in this act, unless the context otherwise requires:
35    (a)  ``State educational institution'' means the university of Kansas,
36  Kansas state university of agriculture and applied science, Wichita state
37  university, Emporia state university, Pittsburg state university, and Fort
38  Hays state university, and, after June 30, 1998, Washburn university.
39    (b)  ``Board of regents'' means the state board of regents provided for
40  in the constitution of this state and described in article 32 of chapter 74
41  of Kansas Statutes Annotated and amendments thereto.
42    Sec. 25.  K.S.A. 76-719 is hereby amended to read as follows: 76-719.
43  Subject to K.S.A. 76-742 and section 10, and amendments thereto, the
HB 2493
                                     

 1  board of regents shall fix tuition, fees and charges to be collected by each
 2  state educational institution. If a state educational institution collects a
 3  student-activity fee, the funds so collected shall be set apart and used for
 4  the purpose of supporting appropriate student activities.
 5    Sec. 26.  K.S.A. 1996 Supp. 76-751 is hereby amended to read as
 6  follows: 76-751. As used in this act, ``state educational institution'' means
 7  Fort Hays state university, Kansas state university of agriculture and ap-
 8  plied science, Kansas state university veterinary medical center, Emporia
 9  state university, Pittsburg state university, university of Kansas, university
10  of Kansas medical center, Wichita state university, and Kansas state uni-
11  versity -- Salina, college of technology, and, after June 30, 1998, Wash-
12  burn university.
13    Sec. 27.  K.S.A. 1996 Supp. 76-754 is hereby amended to read as
14  follows: 76-754. As used in this act, ``state educational institution'' means
15  Fort Hays state university, Kansas state university of agriculture and ap-
16  plied science, Kansas state university veterinary medical center, Emporia
17  state university, Pittsburg state university, university of Kansas, university
18  of Kansas medical center, Wichita state university, and Kansas state uni-
19  versity -- Salina, college of technology, and, after June 30, 1998, Wash-
20  burn university.
21    Sec. 28.  K.S.A. 1996 Supp. 76-756 is hereby amended to read as
22  follows: 76-756. As used in this act:
23    (a)  ``State educational institution'' means Fort Hays state university,
24  Kansas state university of agriculture and applied science, Kansas state
25  university veterinary medical center, Emporia state university, Pittsburg
26  state university, university of Kansas, university of Kansas medical center,
27  Wichita state university and, Kansas state university -- Salina, college of
28  technology at Salina, and, after June 30, 1998, Washburn university.
29    (b)  ``Endowment association'' means:
30    (1)  For the Fort Hays state university, the Fort Hays state university
31  endowment association;
32    (2)  for the Kansas state university of agriculture and applied science,
33  the Kansas state university veterinary medical center, and the Kansas state
34  university -- Salina, college of technology, the Kansas state university
35  foundation;
36    (3)  for the Emporia state university, the Emporia state university
37  foundation;
38    (4)  for the Pittsburg state university, the Pittsburg state university
39  foundation;
40    (5)  for the university of Kansas and the university of Kansas medical
41  center, the Kansas university endowment association; and
42    (6)  for the Wichita state university, the Wichita state university board
43  of trustees and the Wichita state university endowment association; and
HB 2493
                                     

 1    (7)  on and after July 1, 1998, for the Washburn university, the board
 2  of trustees established by section 7, and amendments thereto, for Wash-
 3  burn university and the Washburn endowment association.
 4    Sec. 29.  K.S.A. 79-2961 is hereby amended to read as follows: 79-
 5  2961. (a) The county clerk shall certify to the county treasurer when
 6  budgets are made pursuant to K.S.A. 79-2960 and amendments thereto
 7  and tax levies are filed with the county clerk. Prior to crediting the proper
 8  amounts under subsection (c) and except as provided in subsection (d),
 9  the county treasurer shall divide the amount paid by the state treasurer
10  to the county treasurer among the county and all other taxing subdivisions
11  of the county except school districts and any incorporated city within
12  which any portion of the Fort Riley military reservation is located and
13  which would otherwise be a participant in the Riley county allocation,
14  which comply with the requirements of this act, in the proportion that
15  the product of the last preceding total tangible tax rate of each subdivi-
16  sion, times its equalized tangible assessed valuation for the preceding
17  year, is to the sum of such products of all the tangible tax-levying political
18  subdivisions, except school districts and any incorporated city within
19  which any portion of the Fort Riley military reservation is located and
20  which would otherwise be a participant in the Riley county allocation,
21  exclusive of the levy by the county for any deficiency for state purposes.
22    (b)  No political subdivision shall be entitled to participate in the dis-
23  tribution of any money appropriated to carry out K.S.A. 79-2960, and
24  amendments thereto, and this section unless and until such political sub-
25  division has adopted and certified a budget for the ensuing year which
26  shows as a separate item the amount of the distribution to one or more
27  tax levy funds of general application within such subdivision except bond
28  and interest funds and has certified a tax levy for each such fund that will
29  produce a sum of money less than the amount which a maximum levy
30  would produce for each such fund, in an amount equal to or in excess of
31  the amount of such distribution. The budget of each political subdivision
32  also shall show that the aggregate levies made by such tangible property
33  tax-levying political subdivisions will produce a sum less than the amount
34  which the aggregate levy would produce in an amount equal to or in
35  excess of the aggregate amount of the budget items of such distribution
36  shown in the aggregate levy.
37    (c)  In crediting the amount that has been divided pursuant to sub-
38  section (a) or subsection (d), the county treasurer shall proceed as follows:
39    Upon receipt of the payment from the state treasurer each year, credit
40  the appropriate fund or funds of each political subdivision complying with
41  the provisions of this act with its proportionate share of such payment
42  and the county treasurer shall notify such political subdivision of the
43  amounts so credited.
HB 2493
                                     

 1    (d)  This section and K.S.A. 79-2960, and amendments thereto, shall
 2  not apply to school districts. (d) The amount paid by the state treasurer
 3  to the county treasurer of each county under subsection (d) of K.S.A. 79-
 4  2959 and amendments thereto, shall be divided only among the one or
 5  more community colleges or municipal universities, or both, which re-
 6  ceived amounts under this section from the payment made from the local
 7  ad valorem tax reduction fund on January 15, 1983. The amount received
 8  by each such community college or municipal university under this sub-
 9  section shall bear the same proportion to the total amount paid to such
10  county under subsection (d) of K.S.A. 79-2959 and amendments thereto,
11  as the amount received by such community college or municipal univer-
12  sity under this section from the payment made to such county from the
13  local ad valorem tax reduction fund on January 15, 1983, bears to the
14  total amount received by all such community colleges and municipal uni-
15  versities under this section from such payment. After June 30, 1998, this
16  section and K.S.A. 79-2960, and amendments thereto, shall not apply to
17  the Washburn university of Topeka or to the Washburn university or to
18  the board of trustees established by section 7, and amendments thereto,
19  for Washburn university and no amounts shall be credited or distributed
20  to or on behalf of any such entity or any successor thereto for purposes
21  of any distributions to political subdivisions under this section after June
22  30, 1998. All moneys that would have been credited or distributed pur-
23  suant to this section to Washburn university of Topeka, or any other such
24  entity or any successor thereto, from the local ad valorem tax reduction
25  fund distribution to the Shawnee county treasurer on July 15, 1998, shall
26  be credited to the appropriate fund or funds of all other political subdi-
27  visions of Shawnee county.
28    Sec. 30.  K.S.A. 73-1217, 73-1218, 74-3229, 75-2576, 75-4101, 75-
29  5501, 76-719 and 79-2961, K.S.A. 1995 Supp. 75-3765, as amended by
30  section 128 of chapter 229 of the 1996 Session Laws of Kansas, and K.S.A.
31  1996 Supp. 41-719, 74-3209, 75-3731, 75-3732, 76-156a, 76-6a01, 76-711,
32  76-751, 76-754 and 76-756 are hereby repealed.
33    Sec. 31.  On July 1, 1998, K.S.A. 13-13a03, 13-13a04, 13-13a05, 13-
34  13a06, 13-13a08, 13-13a09, 13-13a11, 13-13a13, 13-13a14, 13-13a16, 13-
35  13a17, 13-13a18, 13-13a19, 13-13a20, 13-13a20a, 13-13a21, 13-13a23, 13-
36  13a24, 13-13a25, 13-13a26, 13-13a27, 13-13a28, 13-13a29, 13-13a30,
37  13-13a31, 13-13a32, 13-13a33, 13-13a34, 13-13a35, 13-13a36, 13-13a37,
38  72-6501, 72-6502, 72-6503, 72-6504, 72-6505, 72-6506, 72-6507, 72-6508
39  and 72-6509 and K.S.A. 1996 Supp. 13-13a12 are hereby repealed.
40    Sec. 32.  This act shall take effect and be in force from and after its
41  publication in the statute book.