[j27]SB 403[cm[j2][j3]SENATE BILL No. 403
          [cmBy Special Committee on Community College Governance
          [cm12-17
         
  6             AN ACT concerning institutions of higher education; relating to finance
  7             of community colleges and the municipal university; requiring identi-
  8             fication of performance indicators for community colleges and estab-
  9             lishment of a data management system for information relating
10             thereto; affecting the duties of the legislative educational planning
11             committee; providing for public involvement in the consolidation of
12             community colleges, technical colleges and vocational education
13             schools; amending K.S.A. 12-16,102, 46-1208a, 71-204, 71-601, 71-
14             604, 71-605, 71-609a, 71-610, 71-613, 71-801, 71-1508, 71-1702, 72-
15             6501, 72-6503, 72-6504, 72-6505, 72-6506, 72-6508, 72-6509, 79-5021,
16             79-5022, 79-5024, 79-5025, 79-5026, 79-5028 and 79-5032 and K.S.A.
17             1997 Supp. 19-101a, 71-201, 71-301, 71-401, 71-602, 71-607, 71-609,
18             71-611 and 71-613a and repealing the existing sections; also repealing
19             K.S.A. 13-13a25, 13-13a26, 13-13a27, 13-13a28, 13-13a29, 13-13a30,
20             13-13a31, 13-13a32, 13-13a33, 13-13a34, 71-304, 71-305, 71-306, 71-
21             403, 71-1705, 72-4424 and 72-6502.
22            
23       Be it enacted by the Legislature of the State of Kansas:
24           Section 1. K.S.A. 1997 Supp. 71-201 is hereby amended to read as
25       follows: 71-201. (a) The board of trustees, in accordance with the provi-
26       sions of law and the rules and regulations of the state board of education,
27       shall have custody of and be responsible for the property of the com-
28       munity college and shall be responsible for the operation, management
29       and control of the college. The board of trustees shall hold at least one
30       regular meeting each month at a time prescribed by the board. The board
31       shall make an annual report in the manner prescribed by the state board
32       of education. Members of the board of trustees shall be paid subsistence
33       allowances, mileage and other actual and necessary expenses incurred in
34       the performance of their official duties.
35           (b) For effectuation of the purposes of this act, the board of trustees
36       in addition to such other powers expressly granted to it by law and subject
37       to the rules and regulations of the state board of education is hereby
38       granted the following powers:
39           (1) To select its own chairperson and such other officers as it may
40       deem desirable, from among its own membership. The secretary may be
41       chief administrative officer of the college.
42           (2) To sue and be sued.
43           (3) To determine the educational program of the college subject to
44       prior approval thereof as provided in this act and to grant certificates of
45       completion of courses or curriculum.
46           (4) To appoint and fix the compensation and term of office of a pres-
47       ident or chief administrative officer of the college.
48           (5) To appoint upon nomination of the president or the chief admin-
49       istrative officer members of the administrative and teaching staffs, to fix
50       and determine within state adopted standards their specifications, define
51       their duties, and to fix their compensation and terms of employment. No
52       community college teacher shall be required to meet certification
53       requirements greater than those required in the state universities under
54       the control and supervision of the state board of regents.
55           (6) Upon recommendation of the chief administrative officer, to ap-
56       point or employ such other officers of the college, agents and employees
57       as may be required to carry out the provisions of law and to fix and
58       determine within state adopted standards their qualifications, duties,
59       compensation, terms of office or employment and all other items and
60       conditions of employment.
61           (7) To enter into contracts.
62           (8) To accept from any government or governmental agency, or from
63       any other public or private body, or from any other source, grants or
64       contributions of money or property which the board may use for or in
65       aid of any of its purposes.
66           (9) To acquire by gift, purchase, lease-purchase, condemnation or
67       otherwise, and to own, lease, use and operate property, whether real,
68       personal, or mixed, or any interest therein, which is necessary or desirable
69       for community college purposes. Any lease-purchase agreement entered
70       into under authority of this subsection shall be subject to the conditions
71       set forth in K.S.A. 10-1116c, and amendments thereto. The term of any
72       lease entered into under authority of this subsection may be for not to
73       exceed 10 years. Such lease may provide for annual or other payment of
74       rent or rental fees and may obligate the community college to payment
75       of maintenance or other expenses. Any lease or lease-purchase agreement
76       entered into under authority of this subsection shall be subject to change
77       or termination at any time by the legislature. Any assignment of rights in
78       any lease or lease-purchase made under this subsection shall contain a
79       citation of this section and a recitation that the lease or lease-purchase
80       agreement and assignment thereof are subject to change or termination
81       by the legislature. To the extent that the provisions of the cash-basis and
82       budget laws conflict with this subsection in such a manner as to prevent
83       the intention of this subsection from being made effective, the provisions
84       of this subsection shall control. This provision is subject to the provisions
85       of subsection (d).
86           (10) To enter into lease agreements as lessor of any property, whether
87       real, personal, or mixed, which is owned or controlled by the community
88       college. Any such agreement may specify the purposes for which the
89       property may be used, require that the property be maintained and op-
90       erated by the lessee, and may contain such restrictions or limitations on
91       the use of the property, be entered into for such period of time, and
92       include such other terms and conditions as the board of trustees deter-
93       mines to be necessary and proper. Every such agreement shall be subject
94       to change or termination at any time by the legislature. Any assignment
95       of rights under any such agreement shall be subject to approval by the
96       board of trustees and shall contain a citation of this section and a recitation
97       that the lease agreement and assignment of rights thereunder are subject
98       to change or termination by the legislature.
99           (11) To determine that any property owned by the college is no
100       longer necessary for college purposes and to dispose of the same in such
101       manner and upon such terms and conditions as provided by law.
102           (12) To exercise the right of eminent domain, pursuant to chapter 26
103       of Kansas Statutes Annotated.
104           (13) To make and promulgate such rules and regulations, not incon-
105       sistent with the provisions of law or with rules and regulations of the state
106       board of education, that are necessary and proper for the administration
107       and operation of the community college, and for the conduct of the busi-
108       ness of the board of trustees.
109           (14) To exercise all other powers not inconsistent with the provisions
110       of law or with the rules and regulations of the state board of education
111       which may be reasonably necessary or incidental to the establishment,
112       maintenance and operation of a community college.
113           (15) To appoint a member to fill any vacancy on the board of trustees
114       for the balance of the unexpired term. When a vacancy occurs, the board
115       shall publish a notice one time in a newspaper having general circulation
116       in the community college district stating that the vacancy has occurred
117       and that it will be filled by appointment by the board not sooner than 15
118       days after such publication.
119           (16) To contract with one or more agencies, either public or private,
120       whether located within or outside the community college district or
121       whether located within or outside the state of Kansas for the conduct by
122       any such agencies of academic or vocational education for students of the
123       community college, and to provide for the payment to any such agencies
124       for their contracted educational services from any funds or moneys of the
125       community college, including funds or moneys received from student
126       tuition, out-district tuition, and fees, funds received from the state of
127       Kansas or the United States for academic or vocational education, or taxes
128       collected under K.S.A. 71-204 and 72-4424, and amendments thereto.
129       Any contract made under this subsection with an institution of another
130       state shall be subject to the provisions of K.S.A. 71-202, and amendments
131       thereto.
132           (17) To authorize by resolution the establishment of a petty cash fund
133       in an amount not to exceed $1,000, and to designate in such resolution
134       an employee to maintain such petty cash fund. The employee designated
135       in any resolution provided for in this subsection receiving such funds shall
136       keep a record of all receipts and expenditures from the fund, and shall
137       from time to time, and at the end of the fiscal year, prepare a statement
138       for the board showing all receipts, expenditures, and the balance in the
139       petty cash fund. The board of trustees may authorize the employee des-
140       ignated to maintain any petty cash fund to make a claim for replenishment
141       of the fund to its original amount in advance of approval by the board of
142       trustees if, at any time during the period between regular monthly meet-
143       ings of the board of trustees, the balance remaining in the fund is insuf-
144       ficient to make needed expenditures for any purpose for which the petty
145       cash fund is maintained. No petty cash fund may be replenished more
146       than one time during each period between regular monthly meetings of
147       the board of trustees. If a petty cash fund is replenished prior to the end
148       of the fiscal year in accordance with the foregoing authorization, the em-
149       ployee authorized to maintain the petty cash fund shall keep an accurate
150       record of all expenditures made therefrom, and the purpose therefor, and
151       shall submit the record to the board of trustees at the next regular
152       monthly meeting thereof. The petty cash fund shall be replenished by
153       payment from the appropriate funds of the community college to the
154       petty cash fund upon proper claim. The fund shall be kept separate from
155       all other funds and shall be used only for authorized expenditures and
156       itemized receipts shall be taken for each expenditure. No part of such
157       fund may be loaned or advanced against the salary of an employee. All
158       employees entrusted with such funds under this subsection shall be
159       bonded by the community college district.
160           (c) Subject to the provisions of subsection (d), the board of trustees
161       may purchase or otherwise acquire land or land and improvements and
162       may acquire, construct, reconstruct, repair or remodel improvements
163       thereon or additions thereto, including furnishings, equipment, and ar-
164       chitectural and incidental expense related thereto, and for such purposes
165       the board of trustees is authorized to issue and sell general obligation
166       bonds, the cumulative total not to exceed the following amounts: Where
167       the community college district has a taxable tangible valuation of less than
168       $90,000,000 or is located in a county designated as urban under the pro-
169       visions of K.S.A. 19-3524, and amendments thereto, not to exceed 5% of
170       the taxable tangible property of the community college district, and where
171       the community college district has a taxable tangible valuation of more
172       than $90,000,000 not to exceed 3% except as provided above for any
173       community college district located in a county designated as urban under
174       the provisions of K.S.A. 19-3524, and amendments thereto, of the taxable
175       tangible property of the community college district. If any increase in the
176       valuation of a community college district results in an outstanding bonded
177       indebtedness in excess of that provided in this subsection, such increase
178       shall not constitute a violation of this subsection. No such bonds shall be
179       issued until the question of their issuance shall have been submitted to a
180       vote of the electors of the community college district at a regular election
181       or at a special election called for that purpose and the majority of the
182       electors voting on the proposition in such community college district shall
183       have voted in favor of the issuance of the bonds. Such election shall be
184       called, noticed and held and the bonds issued, sold, delivered and retired
185       in accordance with the provisions of the general bond law except as herein
186       otherwise expressly provided.
187           (d) The board of trustees of a community college may not purchase
188       or otherwise acquire land or land and improvements outside the com-
189       munity college district. Nothing in this subsection shall be construed or
190       operate in any manner to require a board of trustees to sell, convey or
191       otherwise dispose of land or land and improvements located outside the
192       community college district and owned or being acquired by the com-
193       munity college on the effective date of this act, but no board of trustees
194       may enter into a contract for the construction of improvements on any
195       such land after the effective date of this act.
196           Sec. 2. K.S.A. 71-204 is hereby amended to read as follows: 71-204.
197       For all the purpose of community college maintenance and operation
198       ;µrposes, the board of trustees is authorized to levy a tax on the taxable
199       tangible property of the community college district.
200           Such tax ;<=vy shall is authorized to be ;(tri-stars)e amount determined by the
201       board of trustees to be sufficient to finance that part of the budget of the
202       community college which is not financed by either (a) anticipated state
203       aid of any type, (b) anticipated student tuition, or (c) anticipated out-
204       district tuition, or (d) anticipated federal aid of any type levied at a rate
205       not to exceed 20 mills. The budget of the community college shall be
206       prepared and adopted as provided by law, and the tax levy therefor shall
207       be certified to the county clerk of every county all or a part of the territory
208       of which is in the community college district.
209           Sec. 3. K.S.A. 1997 Supp. 71-301 is hereby amended to read as fol-
210       lows: 71-301. (a) The board of trustees shall charge to and collect from
211       each student tuition at rates per credit hour enrolled which shall be es-
212       tablished by the board of trustees.
213           (b) The board of trustees, in accordance with rules and regulations
214       of the state board, shall determine an amount of out-district tuition to be
215       charged for each out-district student attending the community college.
216       The board of county commissioners of any county charged with payment
217       of out-district tuition shall levy a tax on all of the taxable property of the
218       county sufficient to pay all out-district tuition charges authorized by this
219       act. The proceeds from the tax levied under authority of this section shall
220       be deposited in a special fund for payment of out-district tuition. Upon
221       receiving a statement of charges for out-district tuition, the board of
222       county commissioners shall allow and pay the same from the special fund
223       within 45 days from the receipt of such statement. If there is insufficient
224       or no money in the special fund, out-district tuition shall be paid from
225       the county general fund or from the proceeds of the sale of no-fund
226       warrants issued for the purpose of the payment of out-district tuition. If
227       the board of county commissioners fails to pay such amount at the time
228       required under this subsection, the board of trustees shall notify the state
229       board of such failure to pay and shall certify to the state board the amount
230       to be paid. Upon receipt by the state board of such notification, the
231       amount to be paid as certified to the state board shall become an amount
232       due and owing to the state board. The state board shall notify the board
233       of county commissioners that this amount is now due and owing to the
234       state board. If the board of county commissioners fails to pay such amount
235       to the state board within 14 days of the receipt of such notification, the
236       state board shall initiate proceedings under K.S.A. 75-6201et seq. for the
237       collection of such money. Money paid to or collected by the state board
238       under this subsection shall be deposited in the out-district tuition sus-
239       pense account which is hereby created in the state treasury. The state
240       board shall pay moneys from this account, in accordance with rules and
241       regulations of the state board, to the community colleges entitled to re-
242       ceive such money.
243           (c) The total out-district tuition charged by a community college shall
244       be an amount equal to the number of duly enrolled out-district students
245       times $24 for each credit hour of each such student.
246           (d) (1) Out-district tuition shall only be charged for credit hours of
247       out-district students if such students, as determined by the state board,
248       have not more than 64 credit hours from any institution of postsecondary
249       education or the students have not more than 72 credit hours and are
250       enrolled in terminal type nursing courses or freshman-sophomore level
251       preengineering courses.
252           (2) The credit hour limitations prescribed by provision (1) of this
253       subsection do not apply to credit hours of out-district students if such
254       students, as determined by the state board, are enrolled in an approved
255       vocational education program at a community college for the purpose of
256       receiving vocational or technical training or retraining in preparation for
257       gainful employment.
258           (e) In May of each fiscal year, the board of trustees shall notify the
259       board of county commissioners of the approximate amount of out-district
260       tuition which will be charged to the county in the succeeding fiscal year.
261           (f) Expenditures for out-district tuition shall be exempt from the
262       budget law of this state to the extent of such payments not anticipated in
263       the budget of the county.
264           Sec. 4. K.S.A. 1997 Supp. 71-401 is hereby amended to read as fol-
265       lows: 71-401. (a) Persons enrolling in a community college who, if adults,
266       have not been, or if minors, whose parents have not been residents of the
267       county in which is located the principal campus of the community college
268       for at least six months prior to enrollment for any term or session are
269       nonresidents of the community college district for the purpose of deter-
270       mining liability of counties for payment of out-district tuition state aid
271       entitlement.
272           (b) The state board of education may adopt rules and regulations
273       prescribing criteria or guidelines for determination of residence of stu-
274       dents in community college districts and may make conclusive determi-
275       nation of any residence matter.
276           Sec. 5. K.S.A. 71-601 is hereby amended to read as follows: 71-601.
277       ``Credit hour'' means one hour of instruction per week for 18 weeks or
278       the equivalent thereof the basic unit of collegiate level instruction, as
279       determined by the state board, in a subject or course offered at a level
280       not higher than those subjects or courses normally offered to freshmen
281       and sophomores in four-year institutions of postsecondary education
282       which subject or course is approved by the state board. Credit hour does
283       not include within its meaning any hour of instruction in a subject or
284       course taken by a student enrolled for audit or in any subject or course
285       not approved by the state board. The state board, in consultation with
286       the state board of regents, shall determine whether the subjects and
287       courses offered in the community colleges are at the level of freshmen
288       and sophomore subjects and courses offered in the state educational in-
289       stitutions of postsecondary education and shall not approve any subject
290       or course offered at a higher level.
291           Sec. 6. K.S.A. 1997 Supp. 71-602 is hereby amended to read as fol-
292       lows: 71-602. (a) Each community college is entitled to receive credit
293       hour state aid. The basis for payments of credit hour state aid for to
294       community colleges for each credit hour of each duly enrolled student
295       shall be: (1) For each credit hour in any subject or course which is not
296       part of a vocational education program approved by the state board under
297       the statutory provisions of contained in article 44 of chapter 72 of Kansas
298       Statutes Annotated, an amount which shall be provided for by the legis-
299       lature in acts making appropriations for the credit hour state aid entitle-
300       ment of community colleges; and (2) for each credit hour in any subject
301       or course which is part of a vocational education program approved by
302       the state board under the statutory provisions of contained in article 44
303       of chapter 72 of Kansas Statutes Annotated, an amount which shall be
304       determined by the state board by multiplying by 11/2 two the amount
305       provided for by the legislature under (1), except that the amount provided
306       for by the legislature under (1) for each credit hour of each student shall
307       be multiplied by two if the credit hour is in any subject or course which
308       is part of an approved vocational education program which is offered in
309       a community college which is also officially designated as an area voca-
310       tional school by the state board or if the credit hour is in any subject or
311       course which is part of an approved vocational education program trans-
312       ferred to a community college in accordance with an agreement made
313       and entered into under authority of K.S.A. 71-1507, and amendments
314       thereto.
315           (b) Credit hour state aid payments shall be made only for credit hours
316       of duly enrolled students if such students, as determined by the state
317       board, are residents of the state of Kansas or are considered residents of
318       the state of Kansas pursuant to the provisions of K.S.A. 1997 Supp. 71-
319       407, and amendments thereto.
320           (c) The determination of credit hours of duly enrolled students shall
321       be made at times prescribed by the state board of education.
322           Sec. 7. K.S.A. 71-604 is hereby amended to read as follows: 71-604.
323       (a) From ;(tri-stars)e reports and information submitted under K.S.A. 71-603,
324       and amendments thereto provided by the community colleges, and from
325       ;<sup>TM</sup>her information available to it such audits and investigations as are
326       conducted by the state department of education, the state board shall
327       determine the amount ;(tri-stars)e each community college is entitled to receive
328       as ;'ovided in K.S.A. 71-602 and 71-607 and K.S.A. 71-619, and amend-
329       ments to such sections state aid.
330           (b) If the amount of any appropriation for ;^edit hour state aid shall
331       be insufficient to pay in full the amount each community college is en-
332       titled to receive for credit hour state aid, then the amount so appropriated
333       shall be prorated among all community colleges in proportion to the
334       amount each is entitled to receive. If the amount of any appropriation for
335       out-district state aid shall be insufficient to pay in full the amount each
336       community college is entitled to receive for out-district state aid, then the
337       amount so appropriated shall be prorated among all community colleges
338       in proportion to the amount each is entitled to receive.
339           (c) The state board may audit the records of any community college
340       applying for a part of any money appropriated for state aid, to verify the
341       accuracy of the reports submitted by the community college. The state
342       board may adopt rules and regulations for the administration of this act
343       and acts amendatory thereof.
344           (d) In the event any community college is paid more than the amount
345       it is entitled to receive under any distribution made under this act or acts
346       amendatory thereof as state aid, the state board shall notify the com-
347       munity college of the amount of the overpayment and the community
348       college shall remit the same to the state board and ;t the state board shall
349       deposit the same in the state treasury to the credit of the general fund,
350       and if any such community college fails so to remit, the state board shall
351       deduct the excess amount so paid from future payments becoming due
352       to such community college.
353           (e) In the event any community college is paid less than the amount
354       ;ø which it is entitled under any distribution made under this act and acts
355       amendatory thereof to receive as state aid, the state board shall pay the
356       additional amount due at any time within the fiscal year in which the
357       underpayment was made or within 60 days after the end of such fiscal
358       year.
359           Sec. 8. K.S.A. 71-605 is hereby amended to read as follows: 71-605.
360       (a) The distribution of the appropriation for credit hour state aid and out-
361       district state aid shall be made three times each school fiscal year as
362       follows: The first payment shall be made on October 1 and shall be in an
363       amount equal to 50% of the preceding school fiscal year's credit hour
364       state aid entitlement of the community college. Subject to the provisions
365       of subsection (c), The second payment shall be made on December 1 and
366       shall be in an amount which is equal to the balance of the summer and
367       fall sessions' total credit hour state aid entitlement and the full amount
368       of the summer and fall sessions' out-district state aid entitlement, with
369       adjustment for any overpayment or underpayment resulting from com-
370       putation of the first payment. The third payment shall be made on April
371       1 and shall be the full amount of the spring session's credit hour state aid
372       entitlement and the spring session's out-district state aid entitlement, with
373       adjustment for any underpayments or overpayments theretofore occur-
374       ring. The state board shall certify, on or before November 25 and March
375       25 of each year, to the director of accounts and reports the amount due
376       to each community college from such appropriation on the first day of
377       December, or for the December 1, 1987, payment on the date specified
378       in subsection (c) or on the first day of April, as the case may be, and the
379       director of accounts and reports shall draw a warrant upon the state trea-
380       surer in favor of the community college for such amount. Upon receipt of
381       the warrant, the treasurer of the community college shall credit the same
382       amount of the warrant to the general fund of the community college.
383           (b) The distribution of the appropriation for general state aid shall
384       be made at a time to be determined by the state board. The state board
385       shall certify to the director of accounts and reports the amount due to
386       each community college from such appropriation, and the director of
387       accounts and reports shall draw a warrant upon the state treasurer in
388       favor of the community college for such amount. Upon receipt of the
389       warrant, the treasurer of the community college shall credit the same
390       amount of the warrant to the general fund of the community college.
391           (c) The credit hour state aid and out-district state aid to be paid De-
392       cember 1, 1987, shall be deferred and shall be paid January 4, 1988.
393           (c) The distribution of the appropriation for operating grants shall be
394       made in substantially equal payments on August 1 and January 1 of each
395       fiscal year, or as soon thereafter as possible. The state board shall certify,
396       on or before July 20 and December 20 of each fiscal year, to the director
397       of accounts and reports the amount due on August 1 or on January 1, as
398       the case may be, to each community college entitled to an operating grant
399       from such appropriation, and the director of accounts and reports shall
400       draw a warrant upon the state treasurer in favor of the community college
401       for such amount. Upon receipt of the warrant, the treasurer of the com-
402       munity college shall credit the amount of the warrant to the general fund
403       of the community college.
404           Sec. 9. K.S.A. 1997 Supp. 71-607 is hereby amended to read as fol-
405       lows: 71-607. (a) Each community college is entitled to receive out-district
406       state aid. The basis for payments ;n amounts determined as provided in
407       this section. From reports and information provided by each community
408       college, and from such additional audits and investigations as are con-
409       ducted by the state department of education, the state board shall deter-
410       mine the amount of out-district tuition each community college is entitled
411       to bill to counties each year, and the entitlement to out-district state aid
412       of each to community ;c/ollege colleges shall be an amount equal thereto
413       plus (1) an amount equal to the amount of out-district tuition disallowed
414       under the provisions of K.S.A. 71-304, and amendments thereto, and (2)
415       an amount equal to the amount of out-district tuition disallowed under
416       the provisions of subsection (c) of K.S.A. 71-609, and amendments
417       thereto, and (3) an amount equal to the number of duly enrolled students
418       considered residents of the state pursuant to the provisions of K.S.A. 1997
419       Supp. 71-407, and amendments thereto, times the amount specified in
420       subsection (c) of K.S.A. 71-301, and amendments thereto, $36 for each
421       credit hour of each such duly enrolled out-district student.
422           (b) (1) Out-district state aid payments shall be made only for credit
423       hours of out-district students specified in provision (3) of subsection (a)
424       if such students, as determined by the state board, have not more than
425       64 credit hours from any institution of postsecondary education or the
426       students have not more than 72 credit hours and are enrolled in terminal
427       type nursing courses or freshman-sophomore level preengineering
428       courses are residents of the state of Kansas or are considered residents of
429       the state of Kansas pursuant to the provisions of K.S.A. 1997 Supp. 71-
430       407, and amendments thereto.
431           (2) The credit hour limitations prescribed by provision (1) of this
432       subsection do not apply to credit hours of students if such students, as
433       determined by the state board, are enrolled in an approved vocational
434       education program at a community college for the purpose of receiving
435       vocational or technical training or retraining in preparation for gainful
436       employment.
437           New Sec. 10. In the 1999 fiscal year, each community college is el-
438       igible for entitlement to an operating grant from the state general fund.
439       Entitlement of a community college to an operating grant shall be deter-
440       mined by the state board as provided in this section. The state board
441       shall:
442           (a) Determine the total amount of credit hour state aid, out-district
443       state aid, general state aid, and out-district tuition received by the com-
444       munity college in the 1997 fiscal year;
445           (b) determine the total amount of entitlement of the community col-
446       lege in the 1999 fiscal year to credit hour state aid, out-district state aid,
447       and general state aid;
448           (c) subtract the amount determined under (a) from the amount de-
449       termined under (b);
450           (d) determine a mill rate equivalent of the difference obtained under
451       (c) by dividing such difference by the assessed valuation of the community
452       college in the 1997 fiscal year;
453           (e) determine the mill rate, in the aggregate, of the taxes levied by
454       the community college in the 1998 fiscal year for general operation, vo-
455       cational education, and employee benefits; and
456           (f) subtract the mill rate equivalent determined under (d) from the
457       aggregated mill rate determined under (e). If the resulting mill rate is
458       equal to or less than 20 mills, the eligibility of the community college for
459       entitlement to an operating grant shall lapse. If the resulting mill rate is
460       greater than 20 mills, the community college is entitled to receive an
461       operating grant in each fiscal year, commencing with the 1999 fiscal year,
462       in an amount which shall be determined by the state board by subtracting
463       20 mills from the resulting mill rate and multiplying the difference by the
464       assessed valuation of the community college in the 1997 fiscal year.
465           Sec. 11. K.S.A. 1997 Supp. 71-609 is hereby amended to read as
466       follows: 71-609. (a) No out-district tuition charges, no out-district state
467       aid entitlement, no credit-hour state aid entitlement, and no general state
468       aid entitlement shall be based upon ;^edit hours enrollment in any subject
469       or course the principal part of which is taught at a location outside the
470       county of the main campus of the community college, unless the location
471       of such subject or course is specifically authorized by the state board of
472       education.
473           (b) (1) No out-district tuition charges and no out-district state aid
474       entitlement shall be based upon ;^edit hours enrollment in any subject
475       or course which is taught in a county in which the main campus of a state
476       educational institution is located, unless the teaching of such subject or
477       course is specifically authorized by the chief executive officer of the state
478       educational institution or by a designee of the chief executive officer. The
479       chief executive officer of each state educational institution may designate
480       and authorize a person or committee to act on behalf of the chief exec-
481       utive officer in granting the authorizations required by this subsection.
482       No authorization required by this subsection shall be considered to be or
483       construed in any manner as an agreement provided for by subsection (c).
484           (2) For the purposes of this subsection, the term ``main campus of a
485       state educational institution'' as applied to Kansas state university of ag-
486       riculture and applied science means and includes the campus of the uni-
487       versity located in Riley county and the campus of the university's college
488       of technology located in Saline county.
489           (3) The provisions of this subsection are subject to the provisions of
490       subsection (c).
491           (c) (1) No out-district tuition charges shall be based upon credit
492       hours in any subject or course all or the principal part of which is taught
493       at Fort Hays state university or at Wichita state university under an agree-
494       ment for the teaching of such subject or course entered into by a com-
495       munity college and either such university. An agreement entered into
496       under the provisions of this subsection for the teaching of a subject or
497       course by a community college at Fort Hays state university or at Wichita
498       state university shall constitute the authorization required by subsection
499       (b) for the teaching of such subject or course, and no separate authori-
500       zation under subsection (b) shall be required.
501           (2) The provisions of this subsection shall expire on June 30, 1998,
502       unless amended by act of the legislature prior to such date.
503           Sec. 12. K.S.A. 71-609a is hereby amended to read as follows: 71-
504       609a. No out-district state aid entitlement, no credit-hour state aid enti-
505       tlement, and no general state aid entitlement of a community college shall
506       be based upon any course or program if such course or program is taught
507       in an area vocational school or, an area vocational-technical school, or a
508       technical college under an agreement with such community college and
509       for which payments of state or federal moneys are made to the area
510       vocational school or, the area vocational-technical school, or the technical
511       college under the provisions of article 44 of chapter 72 of Kansas Statutes
512       Annotated, and no such course or program shall be counted in determin-
513       ing the number of credit hours of out-district students for the purpose of
514       computing the amount of out-district tuition to be charged by a com-
515       munity college.
516           Sec. 13. K.S.A. 71-610 is hereby amended to read as follows: 71-610.
517       Notwithstanding any provision contained in chapter 71 of Kansas Statutes
518       Annotated to the contrary, whenever there are two community college
519       districts located within one county, no out-district tuition shall be charged
520       for any student residing in such county and attending either such com-
521       munity college. No out-district state aid entitlement shall be based upon
522       enrollment of any student who resides in such a county and attends either
523       community college located therein.
524           Sec. 14. K.S.A. 1997 Supp. 71-611 is hereby amended to read as
525       follows: 71-611. (a) ``Operating expenses'' means the total expenditures
526       and lawful transfers from the general fund of a community college during
527       a school fiscal year for all purposes.
528           (b) ``Legally adopted budget of operating expenses'' means the
529       amount legally authorized and budgeted for such operating expenses in
530       the budget general fund of a community college.
531           (c) ``General fund'' means the fund of a community college from
532       which operating expenses are paid and, subject to the provisions of K.S.A.
533       71-613a, and amendments thereto, to which all amounts of ;^edit hour
534       state aid, out-district state aid, general state aid, property taxes for general
535       purposes, out-district tuition, student tuition, and other moneys provided
536       for by law are credited.
537           Sec. 15. K.S.A. 71-613 is hereby amended to read as follows: 71-613.
538       (a) All moneys received by a community college for establishing, con-
539       ducting, maintaining and administering any vocational education pro-
540       gram authorized by under article 44 of chapter 72 of Kansas Statutes
541       Annotated shall be deposited in the vocational education fund, unless
542       required to be deposited in the general fund. The expenses of a com-
543       munity college attributable to vocational education shall be paid from the
544       vocational education fund.
545           (b) Community colleges shall maintain fund accounting procedures
546       as may be necessary to assure proper accounting for federal funds for
547       vocational education special projects, whether received directly from the
548       federal government or any of its agencies, or received through the state
549       or any of its agencies.
550           Sec. 16. K.S.A. 71-801 is hereby amended to read as follows: 71-801.
551       (a) Community colleges are under the supervision of the state board of
552       education.
553           (b) The state board of education shall identify core indicators of per-
554       formance for community colleges and shall establish and implement a data
555       management system that includes a process and format for collecting,
556       aggregating and reporting common and institution-specific information
557       documenting effectiveness of the colleges in meeting the role and mission
558       thereof.
559           Sec. 17. K.S.A. 1997 Supp. 71-613a is hereby amended to read as
560       follows: 71-613a. All amounts of ;^edit hour state aid, out-district state
561       aid, general state aid, out-district tuition, and student tuition received by
562       a community college for any program authorized by article 44 of chapter
563       72 of Kansas Statutes Annotated may be deposited in the vocational ed-
564       ucation fund of the community college.
565           Sec. 18. K.S.A. 71-1508 is hereby amended to read as follows: 71-
566       1508. (a) There is hereby established in every community college con-
567       ducting a motorcycle driver safety course a fund which shall be called the
568       ``motorcycle driver safety'' fund. The motorcycle driver safety fund shall
569       consist of all moneys deposited therein or transferred thereto according
570       to law. All moneys received by community colleges from distributions
571       made from the motorcycle safety fund and from tuition, fees or charges
572       for motorcycle driver safety courses shall be credited to the motorcycle
573       driver safety fund. The expenses of community colleges directly attrib-
574       utable to motorcycle driver safety courses shall be paid from the motor-
575       cycle driver safety fund.
576           (b) No out-district tuition shall be charged or paid for any student on
577       the basis of enrollment in a motorcycle driver safety course and no out-
578       district state aid entitlement, credit hour state aid entitlement, or general
579       state aid entitlement of a community college shall be based upon a mo-
580       torcycle driver safety course conducted by the community college.
581           Sec. 19. K.S.A. 71-1702 is hereby amended to read as follows: 71-
582       1702. (a) The governing body of an area vocational school or area voca-
583       tional-technical school which is consolidated with and made a part of a
584       community college in accordance with the provisions of this act shall enter
585       into a consolidation agreement with the board of trustees of the com-
586       munity college with which such area vocational school or area vocational-
587       technical school is consolidated.
588           (b) Every consolidation agreement entered into under this section
589       shall provide for:
590           (1) The disposition of all real property of the affected area vocational
591       school or area vocational-technical school, which disposition shall not be
592       in contravention of the provisions of subsection (d) of K.S.A. 71-201, and
593       amendments thereto;
594           (2) the disposition of all personal property, records and moneys, in-
595       cluding state and federal financial aid, of the affected area vocational
596       school or area vocational-technical school;
597           (3) the payment of all lawful debts of the affected area vocational
598       school or area vocational-technical school, including any outstanding
599       bonded indebtedness attributable to the operation thereof;
600           (4) the payment of all accrued compensation or salaries of all person-
601       nel of the affected area vocational school or area vocational-technical
602       school;
603           (5) the transfer of personnel, if such personnel are deemed necessary,
604       in the employment of the affected area vocational school or area voca-
605       tional-technical school to the employment of the community college; and
606           (6) such other matters as may need to be addressed as the result of
607       such consolidation by the affected area vocational school or area voca-
608       tional-technical school and the community college.
609           (c) Immediately upon execution of each consolidation agreement en-
610       tered into under this section, the state board of education shall be notified
611       thereof by the board of trustees of the affected community college. The
612       state board shall review and approve such consolidation agreement and
613       upon approval of such agreement, the state board, for purpose of deter-
614       mining credit hour state aid under K.S.A. 71-602, and amendments
615       thereto, shall issue an order officially designating the community college
616       as an area vocational school.
617           (d) When any conflict arises as to the proper disposition of property,
618       records or funds or as to the assumption and payment of any debts as a
619       result of any consolidation effected under this act, such conflict shall be
620       determined and resolved by the state board of education and such de-
621       termination and resolution shall be final.
622           New Sec. 20. (a) As used in this section:
623           (1) ``Governing board'' means in the case of a community college, the
624       board of trustees; in the case of an area vocational school or a technical
625       college that formerly was an area vocational school, the board of education
626       of the sponsoring school district; in the case of an area vocational-tech-
627       nical school or a technical college that formerly was an area vocational-
628       technical school, the board of control.
629           (2) ``District'' means in the case of a community college, the com-
630       munity college district; in the case of an area vocational school or a tech-
631       nical college that formerly was an area vocational school, the sponsoring
632       school district; in the case of an area vocational-technical school or a
633       technical college that formerly was an area vocational-technical school,
634       the participating district in which the main campus of the school or col-
635       lege is located.
636           (3) ``Area school'' means an area vocational school, an area vocational-
637       technical school, or a technical college.
638           (b) Whenever a petition requesting consolidation of two or more
639       community college districts or consolidation of one or more area schools
640       with one or more community colleges, signed by not less than 10% of the
641       qualified electors residing within each of the districts that would be af-
642       fected by such consolidation, is filed with the governing board of each
643       such college or school, respectively, each such governing board shall place
644       the matter on the agenda for consideration at the next regularly scheduled
645       meeting of the board and shall provide for a public hearing on the matter
646       at such meeting. Notice of the time, date, place and purpose of the public
647       hearing shall be published in a newspaper of general circulation in the
648       district at least once prior to the hearing. Subsequent to the public hear-
649       ings provided for by the respective governing boards, each such board,
650       after considering all the testimony given at the hearing shall make a final
651       decision with regard to the petition requesting consolidation. The final
652       decision shall be in writing, shall include a statement of all factors con-
653       sidered by the board in reaching its decision, and shall be published at
654       least once in a newspaper of general circulation in the district. If the final
655       decision of one or more governing boards is to reject the petition re-
656       questing consolidation, the matter shall be deemed closed as to such
657       board or boards and no like petition shall be filed with any such board
658       within the 12 months following publication of the final decision. If the
659       final decision of two or more governing boards is to consolidate and such
660       boards are boards of trustees, the boards shall proceed in accordance with
661       the statutory provisions contained in article 13 of chapter 71 of Kansas
662       Statutes Annotated. If the final decision of three or more governing
663       boards is to consolidate and two or more such boards are governing
664       boards of community colleges and one or more such boards are governing
665       boards of area schools, the boards of trustees shall proceed initially in
666       accordance with the statutory provisions contained in article 13 of chapter
667       71 of Kansas Statutes Annotated and subsequent to consolidation of the
668       community colleges under such provisions, the governing board of the
669       area school or, in the case of two or more area schools, the governing
670       boards of such schools and the board of trustees of the consolidated com-
671       munity college shall proceed in accordance with the statutory provisions
672       contained in article 17 of chapter 71 of Kansas Statutes Annotated. If the
673       final decision of two governing boards is to consolidate and one such
674       board is the board of trustees of a community college and one such board
675       is the governing board of an area school, the boards shall proceed in
676       accordance with the statutory provisions contained in article 17 of chapter
677       71 of Kansas Statutes Annotated.
678           Sec. 21. K.S.A. 72-6501 is hereby amended to read as follows: 72-
679       6501. As used in this act:
680           (a) ``University'' means Washburn university of Topeka; and
681           (b) ``state board'' means the state board of regents.; and
682           (c) ``state grant'' means the operating grant and the equity grant pro-
683       vided for under K.S.A. 72-6503, and amendments thereto.
684           Sec. 22. K.S.A. 72-6503 is hereby amended to read as follows: 72-
685       6503. (a) In each fiscal year, ;c/ommencing with fiscal year 1992, the uni-
686       versity is entitled to receive an operating grant from the state general
687       fund in an amount provided therefor by appropriation act. (b) For fiscal
688       years after fiscal year 1992, The president of the university shall submit
689       to the state board a budget estimate for the university and a request for
690       an operating grant from the state. The budget estimate and request shall
691       be submitted in the manner and at the time prescribed by the state board.
692       The state board shall determine an amount to be received by the univer-
693       sity as an operating grant from the state by reviewing the budget estimate
694       submitted by the university and approving or adjusting and approving the
695       amount requested. The state board shall submit the amount so deter-
696       mined, along with the amount of the request made by the university, to
697       the director of the budget for presentation to the governor and submis-
698       sion to the legislature in the manner and at the time prescribed by law
699       for submission of budget estimates and requests by state agencies.
700           (b) In each fiscal year, commencing with the 1999 fiscal year, the
701       university is entitled to receive an equity grant from the state general fund
702       in an amount provided therefor by appropriations act. The state board of
703       education shall determine the average amount of state aid per student
704       that the community colleges are entitled to receive for the year by dividing
705       the amount of the state aid entitlement of the community colleges provided
706       to be appropriated from the state general fund by full-time equivalent
707       enrollment of the community colleges (excluding enrollment of students
708       who do not meet the state residence requirement), and certify the deter-
709       mined amount to the state board. The state board shall determine an
710       amount to be received by the university as an equity grant from the state
711       by dividing the amount of the operating grant provided under subsection
712       (a) to be appropriated from the state general fund (excluding the amount
713       of such grant that is deemed attributable to enrollment of students who
714       do not meet the state residence requirement and enrollment of students
715       in the school of law of the university) by full-time equivalent enrollment
716       of the university (excluding enrollment of students who do not meet the
717       state residence requirement and enrollment of students in the school of
718       law), subtracting the amount of the quotient from the average amount of
719       state aid per student that the community colleges are entitled to receive
720       for the year, as determined and certified to the state board by the state
721       board of education, computing 20% of the remainder, and multiplying
722       the computed amount by full-time equivalent enrollment of the university
723       (excluding enrollment of students who do not meet the state residence
724       requirement and enrollment of students in the school of law). The state
725       board shall submit the amount so determined, along with the amount
726       determined to be received by the university as an operating grant, to the
727       director of the budget for presentation to the governor and submission to
728       the legislature.
729           (c) Moneys received as ;(erating state grants from the state general
730       fund shall not be expended for the purpose of expansion of graduate
731       programs or for the purpose of expansion of off-campus programs without
732       the prior approval of the state board.
733           Sec. 23. K.S.A. 72-6504 is hereby amended to read as follows: 72-
734       6504. (a) On or before November 1 and on or before April 1 of each year,
735       the president and treasurer of the university shall certify under oath to
736       the state board the total number of duly enrolled credit hours of students
737       of the university during the current school term who meet the state res-
738       idence requirement. The state board may require the university to furnish
739       any additional information deemed necessary by it to carry out the pro-
740       visions of this act and shall prescribe such forms, to be approved by the
741       attorney general, as may be necessary for making such reports.
742           (b) Persons enrolling in the university who, if adults, have not been,
743       or if minors, whose parents have not been residents of the state of Kansas
744       for at least six (6) months prior to enrollment for any school term are
745       nonresidents for the purpose of determination of entitlement from the
746       municipal university fund to state grants. The state board may adopt rules
747       and regulations prescribing criteria or guidelines for determination of
748       residence of students, so long as such criteria or guidelines are not in
749       conflict with the provisions of this section, and may make conclusive de-
750       termination of any residence matter for the purpose of determination of
751       entitlement from the municipal university fund to state grants.
752           Sec. 24. K.S.A. 72-6505 is hereby amended to read as follows: 72-
753       6505. From ;(tri-stars)e reports and information so submitted by the university
754       and other ;nformation available ;ø it information, the state board shall
755       determine the amount the university is entitled to receive as ;'ovided in
756       K.S.A. 72-6503 state grants. The state board and the post auditor may
757       audit the records of the university to verify the accuracy of the reports
758       submitted by the university. The state board may promulgate rules and
759       regulations governing the administration of this act. In the event the uni-
760       versity is paid more than it is entitled to receive under any distribution
761       made hereunder as state grants, the state board shall notify the university
762       of the amount of such overpayment, and the university shall remit the
763       same to the state board, who which shall deposit the same in the state
764       treasury to the credit of the municipal university state general fund, and
765       if the university fails so to remit, the state board shall deduct the excess
766       amount so paid from future payments becoming due to the university.
767           Sec. 25. K.S.A. 72-6506 is hereby amended to read as follows: 72-
768       6506. The payment to the university of the total amount of its ;(erating
769       grant state grants shall be made in substantially equal amounts on August
770       1 and January 1 of each year, or as soon thereafter as possible. The state
771       board shall certify, on or before July 20 and December 20 of each year,
772       to the director of accounts and reports the amount due the university
773       from the state general fund on August 1 or on January 1, as the case may
774       be, and the director shall draw a warrant upon the state treasurer in favor
775       of the university for such amount. Upon receipt of such warrant, the
776       treasurer of the university shall credit the same to the general fund of the
777       university. All moneys received by the university under this section shall
778       be used to pay current operating expenses of the university, and shall not
779       be used for the making of capital improvements.
780           Sec. 26. K.S.A. 72-6508 is hereby amended to read as follows: 72-
781       6508. The university shall be eligible to receive payments of ;(erating
782       state grants from the state general fund to continue and further its tra-
783       ditional program of operating a liberal arts college, a school of business,
784       a school of law, a school of nursing and a school of applied studies. While
785       receiving payments from the state general fund, the university shall be
786       limited to associates, bachelors, masters and juris doctor degree work and
787       shall not establish specialized schools such as journalism, medicine, phar-
788       macy and engineering, or other new educational schools unless authorized
789       by act of the legislature.
790           Sec. 27. K.S.A. 72-6509 is hereby amended to read as follows: 72-
791       6509. The university shall not be eligible to receive payments of ;(erating
792       state grants from the state general fund unless it is currently a member
793       in good standing of the north central association of colleges and univer-
794       sities.
795           Sec. 28. K.S.A. 46-1208a is hereby amended to read as follows: 46-
796       1208a. (a) The legislative educational planning committee is hereby es-
797       tablished and shall be composed of 11 members, six of whom shall be
798       members of the house of representatives and five of whom shall be sen-
799       ators. At least five members of the committee shall be of the minority
800       party, with at least two thereof from each house. Members of the legis-
801       lative educational planning committee shall be appointed by the legisla-
802       tive coordinating council. The committee shall be permanent with mem-
803       bership changing from time to time as the legislative coordinating council
804       shall determine.
805           (b) The legislative educational planning committee shall plan for pub-
806       lic and private postsecondary education in Kansas, including vocational
807       and technical education. In the performance of its duty to plan for pos-
808       tsecondary education, the committee shall (1) address such issues of con-
809       cern as governance, coordination and cooperation among and between
810       institutions of postsecondary education, accessibility to programs, artic-
811       ulation and transfer policies and procedures, finance, delivery and content
812       of programs; (2) advise and counsel with the state board of regents and
813       the state board of education with respect to the foregoing issues of concern
814       and recommend to the state boards policies and procedures for enhance-
815       ment of the overall quality, responsiveness and accountability of the post-
816      
817       secondary education system in Kansas; and (3) annually make a report
818       and recommendations to the legislature and the governor and may cause
819       the same to. The report and recommendations may be published sepa-
820       rately from other documents which are required by law to be submitted
821       to the legislative coordinating council. The reports and recommendations
822       of the committee shall may include a developmental schedule for imple-
823       mentation of policy agenda for postsecondary education, such educational
824       goals as may be established by the committee, and a developmental sched-
825       ule for implementation of such goals. The committee shall from time to
826       time update such schedule as new or additional information is developed
827       or refined.
828           (c) The legislative educational planning committee may meet at any
829       time and at any place within the state on the call of the chairperson.
830           (c) (d) The provisions of the acts contained in article 12 of chapter
831       46 of the Kansas Statutes Annotated, and amendments thereto, applicable
832       to special committees shall apply to the legislative educational planning
833       committee to the extent that the same do not conflict with the specific
834       provisions of this act applicable to the committee.
835           (d) (e) Upon request of the legislative educational planning commit-
836       tee, the state board of regents and the state board of education shall
837       provide consultants from the faculties and staffs of institutions and agen-
838       cies under the respective control and jurisdiction thereof.
839           (e) (f) The legislative educational planning committee may introduce
840       such legislation as it deems necessary in performing its functions.
841           Sec. 29. K.S.A. 12-16,102 is hereby amended to read as follows:
842       12-16,102. (a) Except as provided in this section, ``taxing subdivision''
843       means any city, county, township, community college district or other
844       political subdivision of the state of Kansas having authority to levy taxes
845       on taxable tangible property. A community college district shall not be
846       considered a taxing subdivision for the purpose of this section. A school
847       district shall not be considered a taxing subdivision for the purpose of this
848       section except that any school district operating a public library pursuant
849       to K.S.A. 72-1623, and amendments thereto, for that purpose, shall be
850       considered a taxing subdivision for the purpose of this section.
851           (b) Any taxing subdivision may create and establish employee benefits
852       contribution funds for (1) the taxing subdivision or (2) any political sub-
853       division for which a tax is levied by such taxing subdivision for the purpose
854       of paying the employer's share of any employee benefits, exclusive of any
855       salaries, wages or other direct payments to such employees, as may be
856       prescribed in the ordinance or resolution of the governing body creating
857       such funds. The taxing subdivision may receive and place in such funds
858       any moneys from any source whatsoever which may be lawfully utilized
859       for the purposes stated in the ordinance or resolution creating such funds,
860       including the proceeds of tax levies authorized by law for such purposes.
861           (c) The governing body of any taxing subdivision having established
862       employee benefits funds under subsection (b) is hereby authorized to levy
863       an annual tax upon all taxable tangible property within the taxing subdi-
864       vision in an amount determined by the governing body to be necessary
865       for the purposes for which such funds were created and to pay a portion
866       of the principal and interest on bonds issued under the authority of K.S.A.
867       12-1774, and amendments thereto, by cities located in the county.
868           Sec. 30. K.S.A. 1997 Supp. 19-101a is hereby amended to read as
869       follows: 19-101a. (a) The board of county commissioners may transact all
870       county business and perform all powers of local legislation and adminis-
871       tration it deems appropriate, subject only to the following limitations,
872       restrictions or prohibitions:
873           (1) Counties shall be subject to all acts of the legislature which apply
874       uniformly to all counties.
875           (2) Counties may not consolidate or alter county boundaries.
876           (3) Counties may not affect the courts located therein.
877           (4) Counties shall be subject to acts of the legislature prescribing
878       limits of indebtedness.
879           (5) In the exercise of powers of local legislation and administration
880       authorized under provisions of this section, the home rule power con-
881       ferred on cities to determine their local affairs and government shall not
882       be superseded or impaired without the consent of the governing body of
883       each city within a county which may be affected.
884           (6) Counties may not legislate on social welfare administered under
885       state law enacted pursuant to or in conformity with public law No.
886       271--74th congress, or amendments thereof.
887           (7) Counties shall be subject to all acts of the legislature concerning
888       elections, election commissioners and officers and their duties as such
889       officers and the election of county officers.
890           (8) Counties shall be subject to the limitations and prohibitions im-
891       posed under K.S.A. 12-187 to 12-195, inclusive, and amendments thereto,
892       prescribing limitations upon the levy of retailers' sales taxes by counties.
893           (9) Counties may not exempt from or effect changes in statutes made
894       nonuniform in application solely by reason of authorizing exceptions for
895       counties having adopted a charter for county government.
896           (10) No county may levy ad valorem taxes under the authority of this
897       section upon real property located within any redevelopment area estab-
898       lished under the authority of K.S.A. 12-1772, and amendments thereto,
899       unless the resolution authorizing the same specifically authorized a por-
900       tion of the proceeds of such levy to be used to pay the principal of and
901       interest upon bonds issued by a city under the authority of K.S.A. 12-
902       1774, and amendments thereto.
903           (11) Counties shall have no power under this section to exempt from
904       any statute authorizing or requiring the levy of taxes and providing sub-
905       stitute and additional provisions on the same subject, unless the resolution
906       authorizing the same specifically provides for a portion of the proceeds
907       of such levy to be used to pay a portion of the principal and interest on
908       bonds issued by cities under the authority of K.S.A. 12-1774, and amend-
909       ments thereto.
910           (12) Counties may not exempt from or effect changes in the provi-
911       sions of K.S.A. 19-4601 to 19-4625, inclusive, and amendments thereto.
912           (13) Except as otherwise specifically authorized by K.S.A. 12-1,101
913       to 12-1,109, inclusive, and amendments thereto, counties may not levy
914       and collect taxes on incomes from whatever source derived.
915           (14) Counties may not exempt from or effect changes in K.S.A. 19-
916       430, and amendments thereto. Any charter resolution adopted by a
917       county prior to July 1, 1983, exempting from or effecting changes in
918       K.S.A. 19-430, and amendments thereto, is null and void.
919           (15) Counties may not exempt from or effect changes in K.S.A. 19-
920       302, 19-502b, 19-503, 19-805 or 19-1202, and amendments thereto.
921           (16) Counties may not exempt from or effect changes in K.S.A. 13-
922       13a26, and amendments thereto. Any charter resolution adopted by a
923       county, prior to the effective date of this act, exempting from or effecting
924       changes in K.S.A. 13-13a26, and amendments thereto, is null and void.
925           (17) Counties may not exempt from or effect changes in K.S.A. 71-
926       301, and amendments thereto. Any charter resolution adopted by a
927       county, prior to the effective date of this act, exempting from or effecting
928       changes in K.S.A. 71-301, and amendments thereto, is null and void.
929           (18) Counties may not exempt from or effect changes in K.S.A. 19-
930       15,139, 19-15,140 and 19-15,141, and amendments thereto. Any charter
931       resolution adopted by a county prior to the effective date of this act,
932       exempting from or effecting changes in such sections is null and void.
933           (19) (17) Counties may not exempt from or effect changes in the
934       provisions of K.S.A. 12-1223, 12-1225, 12-1225a, 12-1225b, 12-1225c and
935       12-1226, and amendments thereto, or the provisions of K.S.A. 1996 1997
936       Supp. 12-1260 to 12-1270, inclusive, and amendments thereto, and 12-
937       1276, and amendments thereto.
938           (20) (18) Counties may not exempt from or effect changes in the
939       provisions of K.S.A. 19-211, and amendments thereto.
940           (21) (19) Counties may not exempt from or effect changes in the
941       provisions of K.S.A. 19-4001 to 19-4015, inclusive, and amendments
942       thereto.
943           (22) (20) Counties may not regulate the production or drilling of any
944       oil or gas well in any manner which would result in the duplication of
945       regulation by the state corporation commission and the Kansas depart-
946       ment of health and environment pursuant to chapter 55 and chapter 65
947       of the Kansas Statutes Annotated and any rules and regulations adopted
948       pursuant thereto. Counties may not require any license or permit for the
949       drilling or production of oil and gas wells. Counties may not impose any
950       fee or charge for the drilling or production of any oil or gas well.
951           (23) (21) Counties may not exempt from or effect changes in K.S.A.
952       79-41a04, and amendments thereto.
953           (24) (22) Counties may not exempt from or effect changes in K.S.A.
954       1996 Supp. 79-1611, and amendments thereto.
955           (25) (23) Counties may not exempt from or effect changes in K.S.A.
956       1996 Supp. 79-1494, and amendments thereto.
957           (26) (24) Counties may not exempt from or effect changes in subsec-
958       tion (b) of K.S.A. 19-202, and amendments thereto.
959           (27) (25) Counties may not exempt from or effect changes in subsec-
960       tion (b) of K.S.A. 19-204, and amendments thereto.
961           (b) Counties shall apply the powers of local legislation granted in
962       subsection (a) by resolution of the board of county commissioners. If no
963       statutory authority exists for such local legislation other than that set forth
964       in subsection (a) and the local legislation proposed under the authority
965       of such subsection is not contrary to any act of the legislature, such local
966       legislation shall become effective upon passage of a resolution of the
967       board and publication in the official county newspaper. If the legislation
968       proposed by the board under authority of subsection (a) is contrary to an
969       act of the legislature which is applicable to the particular county but not
970       uniformly applicable to all counties, such legislation shall become effec-
971       tive by passage of a charter resolution in the manner provided in K.S.A.
972       19-101b, and amendments thereto.
973           Sec. 31. K.S.A. 79-5021 is hereby amended to read as follows: 79-
974       5021. As used in K.S.A. 79-5021 to 79-5035, inclusive, and amendments
975       thereto: (a) ``Taxing subdivision'' means every taxing district in the state
976       of Kansas other than the state and the community colleges organized and
977       operating under the laws of the state; (b) ``base year'' means either 1988
978       or 1989, whichever is designated by the taxing subdivision as its base year;
979       and (c) ``assessed valuation amount for 1989'' means the taxable tangible
980       assessed valuation as shown on the November 1, 1989, abstract transmit-
981       ted to the director of property valuation pursuant to K.S.A. 79-1806 ad-
982       justed by changes in valuations which were made prior to July 1, 1990.
983           Sec. 32. K.S.A. 79-5022 is hereby amended to read as follows: 79-
984       5022. (a) In 1990 and in each year thereafter, all existing statutory fund
985       mill levy rate and aggregate levy rate limitations on taxing subdivisions
986       are hereby suspended.
987           (b) Except as otherwise provided in K.S.A. 79-5024 to 79-5027, in-
988       clusive, and amendments thereto, no city, county, township , or municipal
989       university or community college shall certify to the county clerk of the
990       county any tax levies upon tangible property, excluding levies specified in
991       K.S.A. 79-5028, and amendments thereto, which in the aggregate will
992       produce an amount in excess of the amount which was levied by such
993       taxing subdivision in the base year.
994           (c) In 1990, and each year thereafter, the fund levy limits shall be
995       increased by multiplying the dollar amount produced by the levy limit for
996       1988 by the quotient determined by dividing the assessed tangible valu-
997       ation amount of the current year by the assessed valuation amount for
998       1989. The provisions of this subsection shall not be applicable to any city,
999       county, township, or municipal university or community college.
1000           Sec. 33. K.S.A. 79-5024 is hereby amended to read as follows: 79-
1001       5024. (a) Whenever the taxable assessed tangible valuation of any city,
1002       county, township, or municipal university or community college is in-
1003       creased by new improvements on real estate or by increased personal
1004       property valuation, or both, the amount which would be produced by the
1005       aggregate tax levy authorized under K.S.A. 79-5022, and amendments
1006       thereto, shall be adjusted to increase the amount authorized in the pro-
1007       portion that the assessed valuation of the new improvements and the
1008       increased personal property valuation bears to the total assessed valuation
1009       amount for 1989. With respect to community colleges, whenever the en-
1010       rollment of any such college in any school year is greater than such en-
1011       rollment in the 1989-1990 school year, the amount which would be pro-
1012       duced by the aggregate tax levy authorized under K.S.A. 79-5022, and
1013       amendments thereto, shall be adjusted to increase the amount authorized
1014       in the proportion that the enrollment of such college for the current
1015       school year bears to the enrollment of such college in the 1989-1990
1016       school year.
1017           (b) Such city, county, township, or municipal university or community
1018       college may then levy the amount permitted under K.S.A. 79-5022, and
1019       amendments thereto, and in addition thereto the amount produced by
1020       the levy on such new improvements and added personal property as pro-
1021       vided in this section and, with respect to community colleges, in addition
1022       thereto the amount produced as a result of increased enrollment as pro-
1023       vided in this section.
1024           Sec. 34. K.S.A. 79-5025 is hereby amended to read as follows: 79-
1025       5025. In the event that any territory is added to an existing city, county,
1026       township, or municipal university or community college, the amount
1027       which would be produced by the aggregate tax levy otherwise authorized
1028       under K.S.A. 79-5022 and 79-5024, and amendments thereto, shall be
1029       adjusted to increase the amount authorized in the proportion that the
1030       assessed valuation of the tangible taxable property in the territory added
1031       bears to the total taxable assessed tangible valuation of the city, county,
1032       township, or municipal university or community college, excluding the
1033       property in such added territory.
1034           Sec. 35. K.S.A. 79-5026 is hereby amended to read as follows: 79-
1035       5026. In the event that any taxable tangible property is excluded from
1036       the boundaries of any city, county, township, or municipal university or
1037       community college, the amount which would be produced by the aggre-
1038       gate tax levy authorized under the provisions of K.S.A. 79-5022 and 79-
1039       5024, and amendments thereto, shall be adjusted to decrease the amount
1040       authorized in the proportion that the assessed valuation of the tangible
1041       property excluded bears to the total taxable assessed valuation of the city,
1042       county, township, or municipal university or community college, includ-
1043       ing such excluded property.
1044           Sec. 36. K.S.A. 79-5028 is hereby amended to read as follows: 79-
1045       5028. The provisions of K.S.A. 79-5021 to 79-5036, inclusive, and amend-
1046       ments thereto, shall not apply to or limit the levy of taxes for the payment
1047       of:
1048           (a) Principal and interest upon state infrastructure loans, bonds, tem-
1049       porary notes, no-fund warrants and payments made to a public building
1050       commission;
1051           (b) judgments, settlements and expenses for protection against lia-
1052       bility to the extent such expenses are authorized by article 61 of chapter
1053       75 of the Kansas Statutes Annotated and amendments thereto;
1054           (c) employer contributions for social security, workers compensation,
1055       unemployment insurance, health care costs, employee benefit plans, and
1056       employee retirement and pension programs;
1057           (d) expenses incurred by counties for district court operations under
1058       the provisions of K.S.A. 20-348 or 20-349, and amendments thereto, and
1059       expenses incurred by counties for the detention of juveniles;
1060           (e) expenses incurred by counties for payment of out-district tuition
1061       to community colleges pursuant to K.S.A. 71-301, and amendments
1062       thereto, and expenses incurred by counties and townships for payment
1063       of out-district tuition to municipal universities pursuant to K.S.A. 13-
1064       13a26, and amendments thereto;
1065           (f) expenses incurred for the first time on and after January 1, 1996,
1066       by cities in effectuating programs specifically enacted and administered
1067       for the purpose of preventing juvenile delinquency and crime; or
1068           (g) (f) expenses incurred by any taxing subdivision for rebates to own-
1069       ers of property in connection with a neighborhood revitalization program
1070       instituted in accordance with K.S.A. 1996 1997 Supp. 12-17,114 et seq.,
1071       and amendments thereto.
1072           The provisions of K.S.A. 79-5021 to 79-5036, inclusive, and amend-
1073       ments thereto, do not apply to the tax levies authorized or required under
1074       K.S.A. 19-4004, 19-4011, 65-212 and 65-215 and amendments thereto.
1075           Amounts produced from any taxes levied for purposes specified in this
1076       section shall not be used in computing any aggregate limitation under the
1077       provisions of this act. In addition, amounts needed to be produced from
1078       the levy of taxes by a taxing subdivision to replace the difference between
1079       the amount of revenue estimated to be received by such taxing subdivision
1080       pursuant to K.S.A. 79-5101 et seq., and amendments thereto, in 1990,
1081       and the amount of such revenue estimated to be received by such taxing
1082       subdivision in each year thereafter shall not be used in computing any
1083       aggregate limitation under the provisions of this act. On or before June
1084       1 of each year, information necessary to make such computation shall be
1085       provided to each taxing subdivision by the appropriate county treasurer.
1086           Sec. 37. K.S.A. 79-5032 is hereby amended to read as follows: 79-
1087       5032. Whenever any city, county, township, or municipal university or
1088       community college shall be required by law to levy taxes for the financing
1089       of the budget of any political or governmental subdivision of this state
1090       which is not authorized by law to levy taxes on its own behalf, and the
1091       governing body of such city, county, township, or municipal university or
1092       community college is not authorized or empowered to modify or reduce
1093       the amount of taxes levied therefor, the tax levies of such political or
1094       governmental subdivision shall not be included in or considered in com-
1095       puting the aggregate limitations upon the property tax levies of the city,
1096       county, township, or municipal university or community college levying
1097       taxes for such political or governmental subdivision. The fund levy limits
1098       of such political or governmental subdivision shall be established in ac-
1099       cordance with subsection (c) of K.S.A. 79-5022, and amendments thereto.
1100           Sec. 38. K.S.A. 12-16,102, 13-13a25, 13-13a26, 13-13a27, 13-13a28,
1101       13-13a29, 13-13a30, 13-13a31, 13-13a32, 13-13a33, 13-13a34, 46-1208a,
1102       71-204, 71-304, 71-305, 71-306, 71-403, 71-601, 71-604, 71-605, 71-609a,
1103       71-610, 71-613, 71-801, 71-1508, 71-1702, 71-1705, 72-4424, 72-6501,
1104       72-6502, 72-6503, 72-6504, 72-6505, 72-6506, 72-6508, 72-6509, 79-
1105       5021, 79-5022, 79-5024, 79-5025, 79-5026, 79-5028 and 79-5032 and
1106       K.S.A. 1997 Supp. 19-101a, 71-201, 71-301, 71-401, 71-602, 71-607, 71-
1107       609, 71-611 and 71-613a are hereby repealed.
1108           Sec. 39. This act shall take effect and be in force from and after its
1109       publication in the statute book.
1110