Session of 1999
         
HOUSE BILL No. 2164
         
By Committee on Education
          
1-28
          
  9             AN  ACT concerning municipal universities; relating to out-district tui-
10             tion; amending K.S.A. 13-13a26 and repealing the existing section; also
11             repealing K.S.A. 13-13a28 and 13-13a30.
12      
13       Be it enacted by the Legislature of the State of Kansas:
14             Section  1. K.S.A. 13-13a26 is hereby amended to read as follows: 13-
15       13a26. (a) The board of regents of a municipal university, in accordance
16       with rules and regulations of the state board, shall determine and collect
17       an amount of out-district tuition to be charged for each student attending
18       the municipal university whose residence is outside of the municipal uni-
19       versity district.
20             (b) The board of levy of any taxing subdivision charged with payment
21       of out-district tuition shall levy a tax on all of the taxable property of the
22       taxing subdivision sufficient to pay all out-district tuition charges author-
23       ized by this act.
24             (c) The proceeds from the tax levied under authority of this section
25       shall be deposited in a special fund for payment of out-district tuition.
26       Upon receiving a statement of charges for out-district tuition the board
27       of levy shall allow and pay the same promptly from the special fund. If
28       there is insufficient or no money in the special fund, out-district tuition
29       shall be paid from the general fund of the taxing subdivision or from the
30       proceeds of the sale of no-fund warrants issued for the purpose of the
31       payment of out-district tuition.
32             (d) The total out-district tuition charged by a municipal university
33       shall be an amount equal to the number of duly enrolled out-district
34       students times $24 for each credit hour of each such duly enrolled out-
35       district student.
36             (e) Out-district tuition shall only be charged for credit hours of stu-
37       dents if such students, as determined by the state board, have not more
38       than 64 credit hours from any institution of postsecondary education or
39       the students have not more than 72 credit hours and are enrolled in
40       terminal type nursing courses or freshman-sophomore preengineering
41       courses.
42             (f) Expenditures for out-district tuition shall be exempt from the
43       budget law of this state to the extent of such payments not anticipated in

HB 2164

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  1       the budget of the taxing subdivision.
  2             (g) (f) The levy of taxes and the payment of out-district tuition by
  3       counties required under the provisions of this section shall not be subject
  4       to the exercise of home rule by counties under the provisions of article 1
  5       of chapter 19 of Kansas Statutes Annotated. Counties shall have no power
  6       to exempt from, or effect changes in, the provisions of this section.
  7             (h) (g) Taxes levied by townships under the authority of this section
  8       shall be in addition to all other tax levies authorized or limited by law and
  9       shall not be subject to or within the aggregate tax levy limit prescribed
10       by K.S.A. 79-1962, and amendments thereof.
11             (i) (h) In May of each fiscal year, the board of regents shall notify
12       each board of levy of the approximate amount of out-district tuition which
13       will be charged to the taxing subdivision in the succeeding fiscal year. 
14       Sec.  2. K.S.A. 13-13a26, 13-13a28 and 13-13a30 are hereby
15       repealed.
16        Sec.  3. This act shall take effect and be in force from and after its
17       publication in the statute book.